SW7050104_HISTORICAL FILE_20090206

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW 7OS�U�OV'
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
DOC DATE�}��
YYYYMMDD

(PP,ge 1 of 22)
1 of
n Craven NC - Docuwnt Stamp
Becky Thoapson, Resister of Deeds
Date 09/09/2005 Time 09:32:04 1 of 22 Nt
F� 0 g 20Q9 OD: 2005-00135222
� (��( �9ARO �°I` 2353 P,3v 930
ir7�` Fee Ast : 77.00
Excise Tax: .00
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
OF
Work Floe No: 9999-00265593
PLANTERS RIDGE, A PLANNED UNIT DEVELOPMENT
This Declaration of Covenants, Conditions, Restrictions and Easements of PLANTERS
RIDGE, A PLANNED UNIT DEVELOPMENT, made and entered into as of the 19th day of
August, 2005, by and between CAROLINA SOUTH BUILDERS, INC., hereinafter referred
to as "Declarant" and ALL PROSPECTIVE PURCHASERS OF OWNERS of the Lots of
all Phases of Planters Ridge, the first phase being Lots I through 9 and 96 through 99, as
shown and depicted on the plan entitled, "PLANTERS RIDGE SECTION ONE,"'recorded in
.Plat Cabinet H, Slides 12D (Book 2265, page 598), in the Office of the Register of Deeds of
Craven County, and any other Lots which are hereafter annexed into the Subdivision;
WITNESSETH:
WHEREAS, CAR.OLINA SOUTH BUILDERS, INC., {"DECLARANT"} is the owner
of the Lots and Common Areas lying and being situate in Craven County, North Carolina, and
being more particularly described herein; and,
WHEREAS, in order to create uniformity in the Development, Declarant has imposed
the covenants herein set forth on the property more particularly described as follows:
Lots: Lots 1 through 9 and 96 through 99 as shown on the plat of Planters Ridge
Section One, a Planned Unit Development, recorded in Plat Cabinet II, Slides 12D, of the
Craven County Registry, and any other lots hereafter annexed into the Subdivision.
Common Area: Those tracts shown and depicted as "Cornmon Area" on the plat of
Planters Ridge, a Planned Unit Development, recorded in Plat Cabinet H, Slide 12D, of the
Craven County Registry.
Prepared by:
John W. King, Jr.
Stubbs & Perdue, P.A.
Attorneys at Law
310 Craven Street
New Bern, NC 28560
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WHEREAS, Declarant desires to develop a single family residential community and
intends by the recordation of this Declaration to impose rules, regulations, restrictions,
covenants, conditions, reservations, exceptions, and casements contained herein (hereinafter
sometimes called Restrictions) on the land depicted on the aforesaid map and any other land
which is hereafter annexed into the Subdivision to the end that the Lots and Cormnon Areas
defined herein shall be held subject to said Restrictions.
NOW, THERE FORE, the Declarant hereby does declare that the Restrictions contained
herein shall run with the property defined herein as Lots; shall be a burden on and a benefit to
such property; shall be binding on all parties having or acquiring any right, title or interest in the
property or any part thereof; and, shall inure to the benefit of each Owner or any part hereof.
A. Definitions As used herein,
(I ) "Articles" means the Articles of Incorporation of Planters Ridge Homeowners
Association of New Bern, Inc., and any amendments thereto.
(2) "Bylaws" means the Bylaws of Planters Ridge Homeowners Association of New Bern,
Inc., and any amendments thereto.
(3) "Common Areas" means all real property (including the improvements thereto) and
interests in real property now owned or hereafter acquired by the Corporation for the common
use and enjoyment of the Owners. The Common Areas to be conveyed by Declarant to and
owned by the Corporation are those tracts depicted as "Common Areas" on the plat of Planters
Ridge, a Planned Unit Development. The Common Areas are subject to those easements set
forth in this instrument, including but not limited to, Article I hereof.
(4) "Corporation" means Planters Ridge Homeowners Association of New Bern, Inc., its
successors and assigns.
(5) "Declarant" means Carolina South Builders, Inc. , any anyone designated by Carolina
South Builders, Inc., or its assigns.
(6) "Dwelling" means a structure located on a Lot built in accordance with the requirements
of Article L hereof.
(7) "Lot". means a separately numbered tract of land shown on the aforesaid plat and, any
other separately numbered tract of land which is annexed into the Subdivision upon which a
Dwelling is to be built. At the present time, the Lots are numbered I through 9, inclusive and
Lots 96 through 99, inclusive. "Lot" shall not include any portion of the Common Area as
defined herein.
(8) "Owner" means the record Owner, whether one or more persons, of fee simple title to
any Lot, including contract sellers, but excluding those having such interest merely as security
for the performance of an obligation.
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(9) "Person" or "Persons" means any individual, group of individuals, corporation,
partnership or any other entity, including any combination thereof.
(10) "Subdivision" means all of the property defined herein as Lots and Common Areas and
such additions or annexations of property hereafter brought within the jurisdiction of the
Corporation. No property other than property described in the Deed recorder! in Book 2203 at
page 672, Craven County Registry may be annexed into the Subdivision.
01) "Board of Directors" means the Board of Directors of Planters Homeowners Association
of New Rem, Inc.
(12) "Declaration" means this Declaration of Covenants, Conditions, Restrictions and
Easements of Planters Ridge, a Planned Unit Development.
(13) "Committee" means Planters Ridge Architectural Control Committee constituted and
having the powers as provided in Article J hereof.
B. Membership
(1) A corporation named, "Planters Ridge Homeowners Association of New Bern, Inc.," has
been or will be formed at the direction of the Declarant pursuant to the rules and requirements of
the Non-profit Corporation Act (Chapter 55A of the North Carolina General Statutes) as an
association of the Owners of Lots. Its purposes are to own, manage, maintain, and operate the
Common Areas and facilities located upon the Common Areas; to enforce the Restrictions
contained herein; and, to make and enforce rules and regulations governing the Owners' use and
occupation of Lots.
(2) Each Owner of each Lot within the Subdivision shall be a member of the Corporation.
The Declaration, by this Declaration, and the Owners of individual Lots by their acceptance of
individual deeds thereto, covenant and agree with respect to the Corporation: (A) that for so
long as each is an Owner of a Lot within the Subdivision, each will perform all acts necessary to
remain in good and current standing as a member of the Corporation; and (B) that any unpaid
assessment, whether general or special, levied by the Corporation in accordance with these
restrictions, the Articles or the Bylaws shall be a lien upon the Lot upon which such assessment
was levied and shall be the personal obligation of the person who was the Owner of the Lot at
the time the assessment fell due.
(3) Each membership in the Corporation shall relate to and have a unity of interest with an
individual Lot which may not be separated from ownership of said Lot. The books and all
supporting documentation, the Declaration, the Articles, the Bylaws, and all amendments thereto
shall be available for examination by all Lot Owners, and their lenders or their lenders Agents
during normal business hours at the principal office of the Corporation.
(4) The Corporation shall have two classes of members:
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CLASS A. Class A member (s) shall be all Owners, with the exception of any Owners
who qualify as Class B members, and they shall be entitled to one vote for each Lot owned;
provided, however, when more than one Person holds an interest in any Lot, all such Persons
shall be members; however, the vote for such Lot shall be exercised as they, among themselves,
determine, but in no event shall more than one vote or any fraction of a vote be cast with respect
to any Lot.
CLASS B. Class B member(s) shall be the Declarant. Class B members shall be
entitled to four 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:
(A) On June 1, 2011; or,
(B) When the total votes outstanding in the Class A membership equal or
exceed the total votes outstanding in the Class B membership; provided, however, that in the
event additional land is annexed into the Subdivision without the consent of Class A members
pursuant to the development of such additional property by the Declarant as provided in
Paragraph 7 of the Article I below and before the date in subparagraph (A) above, Class B
membership shall be reinstated until June, 2011 or until the total votes in the Class A
membership equal or exceed the total votes in the reinstated Class B membership.
C. Management and Administration
The management and administration of the affairs of the Common Areas of the
Subdivision shall be the sole right and responsibility of the Corporation . The management shall
be carried out in accordance with the terms and conditions of these Restrictions, the Articles and
the Bylaws of the Corporation.
D. Comm unitjExpenses
The Community Expenses of the Subdivision include:
(1) All amounts expended by the Corporation in operating, administering, managing,
repairing, replacing and improving the Common Areas of the Subdivision; all amounts expended
by the Corporation in insuring the Common Areas of the Subdivision; all amounts expended by
the Corporation in legal, engineering, or architectural fees; and all similar fees which may be
incurred by the Corporation from time to time in performing the functions delegated to the
corporation by these Restrictions.
(2) All amounts expended by the Corporation in carrying out any duty or discretion
as may be required or allowed by these Restrictions, the Articles or the Bylaws.
(3) All amounts declared to be Community Expenses in the Bylaws or in these
Restrictions.
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(4) All taxes and special assessments which may be levied from time to time by any
governmental authority upon then Common Areas in the Subdivision.
E. Annual General Assessments
(1) The Declarant for each Lot owned, hereby covenant and each Owner of any Lot
by acceptance of a deed for same (whether or not it shall be so expressed in such deed) is
deemed to covenant and agrees to pay to the Corporation annual general assessments or charges
as hereinafter provided. The annual general assessments, together with interest, costs and
reasonable attorneys' fee, shall be a charge and lien on the land and, subject to the provisions of
Paragraph 8 of this Article, shall be continuing lien upon the property against which each such
assessment is made. Furthennore, each such assessment, together with interest, costs, and
reasonable attorneys' fees, shall also be the personal obligation of the person who was the owner
of the Lot at the time when the assessment fell due. The personal obligation for delinquent
assessments shall not pass to a successor in title to a Lot unless expressly assumed by them but,
subject to the provisions of this Declaration, delinquent assessments shall continue to be a lien
upon such Lot.
(2) Until June 1, 2006, the annual general assessment shall be $100.00 per year,
payable on or before June 1, of each year
(A) From and after June 1, 2006, the annual general assessment may be
increased each year not more than ten percent (10%) above the assessment for the previous year
without any vote of the membership.
(B) From and after June 1, 2005, the annual general assessment may be
increased by an amount greater than ten percent (10%) of the assessment for the previous year
provided the proposed increase is approved by a vote of two-thirds (2/3) of the Board of
Directors, at a meeting duly called for this purpose.
(C) The Board of Directors may fix the annual general assessments which
come due after June 1, 2006, at an amount not in excess of the ceiling established herein. ,
(D) Once the annual general assessment has been set, notice of the annual
general assessment shall be liven to all Lot Owners. It is provided, however, that no Owner is
relieved from the obligation to pay the assessment because of failure to give such notice, After
the initial notice of the assessment, no bills for such assessment will be forwarded to any Owner
but such assessment thereafter shall become due and payable as provided by the Board of
Directors.
(E) As provided in the Bylaws and subject to the restrictions and limitations
provided herein, the Board of Directors shall establish an Annual Budget in advance for each
.forthcoming fiscal year which may be required for the proper operation, management and
maintenance of the Corporation and the Common Area, including a reasonable allowance for
contingencies and reserves. The budget shall take into account any projected or anticipated
income. The Board of Directors shall keep separate, I accordance with Paragraph (f) hereof,
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items relating to the daily operation, management and maintenance of the Corporation and
Common Areas from items relating to capital improvements. Upon adoption of such Annual
Budget by the Board of Directors, copies of said Budget shall be delivered to each owner and the
assessment for said year shall be established, subject to the restrictions and limitation provided
herein, based upon such budget; however, the non -delivery of a copy of said Budget to each
Owner shall not affect the liability of any Owner for such assessment. The Annual Budget shall
be divided by the number of Lots subject to the annual general assessment at the time of the
annual meeting of the members and the quotient shall be the annual general assessment per Lot
for the succeeding fiscal year. In determining the number of Lots subject to the annual general
assessments, any Lot which is owned by a Class B member shall only be considered one-fourth
(1 /4) of a Lot.
(F) The Board of Directors, in establishing the Annual Budget for operation,
management and maintenance of the Corporation and Common Areas, shall designate therein a
sum to be collected and maintained as a reserve fund for the periodic maintenance, repair and
replacement of capital improvements to the Common Areas, which capital improvement and
replacement fund (Capital Improvement Fund) shall be for the purpose of enabling the
Corporation to maintain, repair or replace structural elements and mechanical equipment
constituting a part of the Common Areas, as well as tree planting and removal and the
replacement of personal property which may constitute a portion of the Common Areas held for
the joint use and benefit of the Owners. The amount to be allocated to the Capital Improvement
Fund may be established by said Board of Directors so as to collect and maintain a sum
reasonably necessary to anticipate the need for repair, maintenance and replacement of capital
improvements to the Common Areas. The amount collected for the Capital Improvement Fund
shall be maintained in a separate account by the Corporation and such monies shall be used only
for periodic maintenance, repair and replacement of Capital Improvements to the Common
Areas. The Capital Improvement Fund shall be maintained out of the annual general
assessments. Any interest earned on monies in the Capital Improvement Fund may, in the
discretion of the Board of Directors, be expended for daily operation, management and
maintenance of the Corporation and Common Areas.
(G) All monies collected by the corporation shall be treated as the separate
property of the Corporation and such monies may be applied by the Corporation to the payment
of any expense of operating and managing the Corporation, or the proper undertaking of all acts
and duties imposed upon it by virtue of this Declaration, the Articles and the Bylaws, except that
monies placed in the Capital Improvement Fund shall be used only for the specified purposes of
said fund. As monies for any assessment are paid into the Corporation by any Owner, the same
may be commingled with monies paid to the Corporation by the owner Owners. Although all
funds, including other assets of the Corporation, and any increments thereto or profits derived
therefrom or from the leasing or use of Common Areas, shall be held for the benefit of the
members of the Corporation, no member of the Corporation shall have the right to assign,
hypothecate, pledge or in any manner transfer his membership interest therein, except as an
appurtenance to his Lot. When the Owner of a Lot shall cease to be a member of the
Corporation by reason of his divestment of ownership of such Lot, by whatever means, the
Corporation shall not be required to account to such Owner for any share of the fund or assets of
the Corporation, including any monies which Owner may have paid to the Corporation, as all
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monies which any Owner has paid to the Corporation shall be and constitute an asset of the
Corporation which may be used in the operation and management of the Corporation.
(3) Written notice of any meeting called for the purpose of taking any action
authorized Linder Paragraph (2)(B) shall be sent to all members not less than thirty (30) 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 case forty percent (40%) of all the votes of each
class of membership shall constitute a quorum. If the required quorum is not present, another
meeting may be called subject to the same notice requirements, and the required quorum at the
subsequent meeting shall be one-fourth (1/4) of the required quorum at the preceding meeting.
No Such subsequent meeting shall be held more than sixty (60) days following the preceding
meeting
(4) Annual and special assessments shall, except as otherwise provided herein, be
fixed at a uniform rate for all Lots. However, for so long as there is a Class B member of the
Corporation, the Lots owned by the Class B member shall be liable for and the Class B member
shall pay on each Lot as an annual general assessment only twenty-five percent (25%) of the
amount of the annual general assessment then being levied by the Corporation on each Lot. This
reduction in the amount of annual general assessments due on Lots owned by the Class B
member shall terminate as to a particular Lot upon the Lot being conveyed by the Class B
member by deed, lease or rental agreement (excluding mortgage or deed of trust) to any person
other than Declarant; further, this reduction in the amount of annual general assessments due by
the Class B member shall cease upon the termination of Class B membership as herein provided.
(5) The annual general assessments provided for herein shall commence as to all I..ots
on June l of the year following the conveyance of the Common Areas to the Corporation. The
annual general assessments shall be payable annually on or before June I of each year. The
payment of any assessment or installment thereof shall be in default if such assessment or
installment is not paid to the Corporation within ten (10) days of the due date for such payment.
When in default, the delinquent assessment shall bear interest at the rate of ten percent (10%) per
annum until paid in full.
(6) The annual general assessments levied by the Corporation shall be used
exclusively to improve, maintain and repair the Common Areas to pay the expenses of the
Corporation, to pay the cost of tree planting and removal, to pay the costs of mowing and
lighting the Common Areas, to pay the cost of any insurance the Corporation detennines to
purchase and to promote the recreation, health, safety and welfare of the members. Taxes,
hazard insurance and maintenance on Dwellings and Lots shall not be a purpose of said
assessment; but rather, shall be an individual cost to be borne by each Lot Owner.
(7) The Corporation shall, upon demand, and for a reasonable charge, furnish a
certificate signed by an officer of the Corporation setting forth whether the assessments on a
specified Lot have been paid. A properly executed certificate of the Corporation as to the status
of assessments on a Lot is binding upon the Corporation as of the date of its issuance.
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(8) The lien of the assessments provided for herein shall be subordinate to the lien of
any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the
sale or transfer of any Lot pursuant to foreclosure of a first mortgage of any proceeding in lieu
therefore, shall extinguish the lien of such assessments as to payments which became due prior to
such sale of transfer. No sale or transfer shall relieve such Lot from liability for any assessments
thereafter becoming due or from the lien thereof.
F. Special Assessments
Special Assessments may be levied against Lots for such reasons as are provided in these
Restrictions, the Articles or the Bylaws, and on such terms as provided by the directors and the
members, Upon a two-thirds (2/3) vote of the Directors and a two-thirds (2/3) vote of each class
of members who are voting in person or by proxy at a meeting duly called for this purpose, the
Corporation may levy and impose special assessments. The purposes for which special
assessments may be levied include, but are not limited to, providing funds to pay Community
Expense which exceed the general assessment fund then on hand to pay same (specifically
including the cost of any construction, reconstruction or repair or replacement of a capital
improvement upon the Common Areas, including fixtures and personal property related thereto)
and providing a contingency fund for capital improvements and extraordinary expenses.
Furthermore, special assessments may be assessed against specific lots. Special Assessments,
together with interest, costs and reasonable attorneys fees, shall be a charge and lien on the land
and subject to the provisions of Paragraph 8 of Article E, shall be a continuing lien upon the
property against which each such assessment is made. Furthermore, each such assessment,
together with interest, costs and reasonable attorneys fees, shall be the personal obligation of the
person who was the owner of the Lot at the time when the assessment fell due. The personal
obligation for delinquent special assessments shall not pass to a successor in title to a lot unless
expressly assumed by them but, subject to the provisions of this Declaration, delinquent
assessments shall continue to be a lien upon such Lot. Written notice of any meeting of the
members called for the purpose of levying and imposing special assessments shall be sent to al
members not less than thirty (30) 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
required 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 (112) of the
required quorum -at the preceding meeting. No such subsequent meeting shall be held more than
sixty (60) days following the preceding meeting.
G. Special Assessment for Lot Mowing. In the event the grass on any Lot exceeds six
inches in height, then the Declarant or the Corporation may, at its election, cause the Lot to be
mowed and assess the Lot owner the cost of such mowing. The cost shall include an
administrative expense to the Corporation for the arrangement of such mowing.
H. Lien for Assessments
Any general or special assessment, if not paid without thirty (30) days after the date of
such assessment is due, together with interest at the rate of ten percent (10%) per annum, costs of
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collection court costs, and reasonable attorneys fees shall constitute a lien against the Lot upon
which such assessment is levied. The corporation may record notice of the same in the Office of
the Clerk of Superior Court of Craven County or file a suit to collect such delinquent
assessments and charges. The Corporation may file Notice of Lis Pendens, bring an action at
law against the Owner personally obligated to pay the same and/or being an action to foreclose
the lien against the property. No Owner may waive or otherwise escape liability for the
assessments provided for herein.
I. Compliance With This Declaration, The Articles and the Bylaws of the Corporation
In case of failure of a Lot Owner to comply with the terms and provisions contained in
these Restrictions, the Articles or the Bylaws of the Corporation, the following relief shall be
available:
(1) An aggrieved Lot Owner or Owners within the Subdivision or any Lot Owner on
behalf of all the Lot Owners within the Subdivision shall have the right to bring an action and
recover sums due, damages, injunctive relief, and/or such other and further relief -as may be just
and appropriate.
(2) If the violation is the nonpayment of any general or special assessment, the
Corporation shall have the right to suspend the offending Owner's voting rights for any period
during which an assessment against the Lot remains unpaid.
(3) , The remedies provided by this Article arc cumulative, and are in addition to any
other remedies provided by law.
(4) The failure of the Corporation or any Person to enforce any restriction contained
in these Restrictions, the Articles or the Bylaws shall not be deemed to waive the right to enforce
such restrictions thereafter as to the same violation or subsequent violation of similar character
J. Property Rights of Lot„ Owners, Cross -Easements, and Exceptions and Reservations by
Declarant
(1) Every Owner of a Lot within the Subdivision as an appurtenance to such Lot shall
have a perpetual easement over and upon the Common Areas within the Subdivision for each
and every purpose or use to which such Common Areas were intended as determined by their
type, or for which such Common Areas generally are used. Such easements shall be appurtenant
to and shall pass with the title to every Lot located within the Subdivision, whether or not
specifically included in a deed thereto, subject to the following provisions:
(A) The Corporation shall have the right to make reasonable rules and
regulations respecting the use of same.
(B) The Corporation may make reasonable rules respecting parking on the
streets of the Subdivision.
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(C) The Corporation shall have the right to dedicate or transfer fee simple title
to all or any part of the Common Areas to any public agency, authority, or utility for such
purposes and subject to such conditions as may be agreed to by the members. No such
dedication, sale, or transfer shall be effective unless an instrument agreeing to such dedication or
transfer signed by two-thirds (2/3) of each class of members has been recorded.
(D) The Corporation shall have the right to mortgage, pledge, deed in trust,
hypothecate, sell, or convey all or any part of the Common Areas; provided, however, no such
action may occur until an instrument agreeing to such action signed by two-thirds (2/3) of each
class of members has been recorded.
(2) The Corporation hereinafter may grant easements for utility purposes for the
benefit of the Subdivision and the Lots now or hereafter located herein, over, under, along and
through any Common Areas located within the Subdivision.
(3) Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment
to the Common Areas and facilities to the members of his family, his tenants, or contract
purchasers who, reside on the property.
(4) Easements for the installation and maintenance of utilities and drainage facilities
are as shown on the recorded plat. Those easements are reserved by Declarant for the purposes
of benefiting this subdivision and its other property in the area. Except as otherwise provided
herein, no structure, planting, or other material shall be placed or permitted to remain within
these easements which may interfere with the installation and maintenance of utilities, which
may change the direction of flow of drainage channels in the easements, or which may obstruct
or retard the flow of water through drainage channels in the easements. Declarant specifically
reserves the right to grant any public utility, municipality or other property owner similar
nonexclusive easement rights in said utility and drainage easements shown on the aforesaid plat
and reserved herein.
(5) The Declarant reserved the right to subject the Lots in the Subdivision to a
contract with the City of New Berri Utility Department or any other public utility or municipality
for electricity and lighting to the Lot, including the installation of underground electric cables,
which contract may require an initial payment and/or continuing monthly payments to the City of
New Bern Utility Department or any other municipality or public utility by the Owner of each
Lot. Such expense, including both initial and continuing monthly payments, shall be an
individual cost to be borne by each individual Lot Owner and is not covered by the general
assessments.
(6) The Declarant reserves the right to subject the Lots in the Subdivision to a
contract with the City of New Bern Utility Department or any other public utility or municipality
for street lights for the Common Areas which contract may require an initial payment and/or
continuing monthly payments to the City of New Bern Utility Department or any other public
utility or municipality. Such expense is included in the general assessments.
a
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(7) Additional residential property and Common Areas may be annexed into the
Subdivision and the Corporation with the consent of one-third (1/3) of each class of members.
Annexation of additional property shall be accomplished by recording a Declaration of
Annexation describing the property annexed and incorporating the provision of this Declaration
by reference. The additional land shall be deemed annexed to the Subdivision and under the
jurisdiction of the Corporation on the date of the recordation of the Declaration of Annexation.
The Declaration of Annexation shall be duly executed by the Declarant.
(8) As long as there is a Class B membership, the following actions will require the
prior approval of the Federal Housing Administration or the Veterans Administration;
annexation of additional properties, dedication of Common Areas, and amendment of the
Declaration.
(9) Each Owner of any Lot within the subdivision, as an appurtenance to such Lot,
has and is hereby conveyed a perpetual, nonexclusive right of way and easement for the purposes
of ingress, egress and regress to and from said Lot over, through and across the streets and roads
shown on the Subdivision plat and/or described herein.
(10) Each Owner of any Lot, by acceptance of a deed thereto, and the Corporation by
acceptance of a deed for the Common Areas, grants to the Declarant, its successors and assigns,
and Declarant hereby reserves perpetual nonexclusive general access and utility easements
located over, along and through the streets and roads, utility lines, water lines and sewage lines
presently existing, shown on the aforesaid plat or hereafter constructed. Such easements are
nonexclusive and are for the purposes of providing utilities, water and sewage service and
ingress, egress, regress and access to such additional areas as may be later developed and
subdivided by Declarant, whether or not such area is annexed into this Subdivision. In its sole,
unfettered discretion, Declarant may grant similar nonexclusive easement rights to various
parties as they deem necessary and proper.
(11) The Common Areas shall remain common areas in perpetuity,, and no action of
the Corporation shall eliminate any portion of [lie Common Areas unless such action is
specifically authorized in writing by the City of New Bern.
K. Architectural Control and Architectural Restrictions
'(I) The Architectural Control Committee ("Committee") shall be comprised of three
(3) persons. Any natural person may serve as a member of the Committee. Until January 1,
2011. Declarant shall have the right to appoint and remove the three (3) Committee members
with or without cause. After such date, the Board of Directors of Corporation shall have the
right to appoint and remove members of the Committee with or without cause.
(2) )~xcept as provided in Paragraph 7 of this Article J, before any structure, fence,
building, wall or addition to any of same shall be commenced, erected, or maintained upon any
Lot and before any alteration (including painting) of the exterior portion of any structure located
upon any Lot in the Subdivision shall be commenced (except as shall be undertaken by the
Corporation itself), the party desiring to make such changes or erections shall submit and have
Book:2353,Page:930

(Page 12 of 22)
Date 09/09/2005 Time 08:32:04 12 of 22 Ns
No: 2005-00115Z22
Bonk 2353 pase 941
approved by the Committee (hereinafter called "Committee"), plans and specifications detailing
the changes and erections. The plans and specifications must show the structure, kind, shape,
height, materials, color and locations of the change or erection. Two (2) complete sets of
Committee Application Forms, final plans, and specifications for any and all proposed
improvements, shall be (1) hand delivered to the Committee, or (2) mailed certified or registered
mail with return receipt requested to the Committee. The Committee shall approve or
disapprove such plans within thirty (30) days of receipt thereof. One set of plans and
specifications and details with the approval or disapproval of the Committee shall be returned to
the party submitting them and the other copy shall be retained by the Committee for its
permanent files. Until June 1, 2011, the address of the Committee is, 166 Center Street,
Jacksonville, NC 28546. After such date, the address is the address of the Corporation.
(3) The Committee shall make its decision approving or disapproving the plans by
taking into consideration the nature of the Subdivision, the aesthetics of the proposed changes or
alterations, the hannony of the proposed change or erection with the architectural style of
neighboring buildings, color schemes, durability of construction, relative costs, and protection of
the investment of the Owners of the other Lots in the Subdivision. Submission of incomplete or
inaccurate plans and specifications may result in disapproval. The decisions of the Committee
shall be final and not subject to appeal or review.
(4) If the Committee fails either to approve or disapprove any plans so submitted
within thirty (30) days of their submission, the plans will be deemed approved. If a court action
challenging the lack of approval is not brought before a certificate of occupancy has been issued
by the City of New Bern for the improvement, the plans will be deemed approved.
(5) Neither the Committee nor any agent of the Declarant shall be responsible in any
way for any defects in any plans or specifications submitted, revised or approved in accordance
with the foregoing provisions nor any structural or other defect in any work done according to
such plans and specifications.
(6) The requirements of this Article shall not constitute a lien or encumbrance on any
Lot on which construction is complete, and any subsequent purchaser thereof' for value without
notice thereof is in no way affected by the Failure of his predecessors in title to comply with the
terms hereof.
(7) The provisions of this Article shall not apply to the original construction on a Lot
by Declarant and no such approval shall be required for original construction by Declarant.
(8) The initial members of the Committee shall be _Danny Whaley
James Maides, Karen Ramos
L. Insurance
(1) The Corporation shall purchase and maintain at all times a comprehensive general
liability insurance policy covering all Common Areas, public ways and any other areas that are
12
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(Page 13 of 22)
Date 09/09/2005 Tire 0E.1):04 13 of 22 Pus
No: 2005-00IM222
Book 2353 Aase 942
under its supervision. The liability insurance shall insure against liability to the public or to
other lot owners, their tenants, guests or invitees, relating in any way to the ownership, operation,
maintenance an use of the Common Areas and any part thereof, and any other areas under
the Corporation's supervision including public ways, if the Corporation supervises any such
public ways. Such insurance policy shall contain a "severability of interest endorsement" or
equivalent coverage which precludes the insurer from denying the claim of a Lot Owner because
of the negligent acts of the Corporation or other Lot Owners. Limits of liability shall be at least
One Million Dollars ($1,000,000.00) covering all claims for personal injury and/or property
damage arising out of a single occurrence. Coverage under this policy shall include legal
liability arising out of losses related to employment contracts of the Corporation. The policy
shall require the insurer to notify in writing the Corporation at least ten (10) days before the
insurer cancels or substantially changes the coverage.
(2) It is the responsibility of each Owner to purchase and maintain hazard insurance
on such Owner's Dwelling, personal property, fixtures and appliances. Each owner shall be
responsible for purchasing the maintaining of any desired liability insurance covering his Lot and
Dwelling,
M. Restrictions on Use and Occupancy
(1) The division of Lots is permissible provided that the number of Lots in the
Subdivision is not increased (i.e., portions of lots are combined with other lots or other portions
of lots to form a new Lot). Any such Lot which has been formed with portions of one or more
Lots shall be considered a Lot as defined herein notwithstanding the fact that said Lot actually
consists of portions of more than one original Lot. Drainage and utility easements not actually in
use shall be moved to the perimeter lot lines of the reconfigured Lot. No Lot shall be used
except for single family residential purposes. No building shall be located on any Lot except a
Dwelling as defined herein and such other outbuildings as may be normal and customary
accessories for a single family residential dwelling, including a private garage, and located
within the building lines for said Lot as shown on the recorded plat.
(2) Every residential Dwelling constructed on a Lot shall contain at least one
thousand (1000) square feet of heated area. No mobile home, doublewide or prefabricated
dwelling shall be allowed on any Lot, except modular homes as defined by the North Carolina
Residential Building Code, are allowed. In addition, if such Dwelling consist of a two (2) story
Dwelling, such Dwelling shall have not less than seven hundred (600) square feet of heated area
on the first floor. Any two (2) story dwelling shall contain not less than twelve hundred (1200)
square feet of heated area. In addition, every dwelling shall have concrete drives and walks,
sodded front yard from the curb to the front of the house and ten (10) three -gallon shrubs in the
front yard.
(3) Any appurtenant structure shall be of like materials, construction methods, and
techniques, as the principal residential dwelling. Installation and/or construction of fences and
appurtenance structures are permissible to the extent the intention and use are consistent with
enjoyment of the property as defined under single family residential uses. These appurtenant
structures shall not be allowed if they are made of metal, tin, aluminum, or any pre -manufactured
13
Book:2353,Page:930

(Page 14 of 22)
Date 04/0/2005 Tire 08'32:04 14 of 22 P3s
0o: 2005-00135222
Bask i353 Paw 943
application or technique that does not substantially resemble the principle residential dwelling
materials and construction, All appurtent structures shall be approved by the committee.
(4) No fences shall be permitted on any Lot unless erected by the Declarant or
approved by the Committee. Only decorative fences shall be allowed in the front yard of the
dwelling as may be approved by the Committee. For purposes of this provision, "front yard of
the dwelling" shall mean the area between the street on which a dwelling faces and the Mont face
of the dwelling. Decorative fences are limited to 3 feet in height and shall be installed behind
sidewalk. Approved fences may be wood, or pvc. Approved fences of wood or pvc may not
exceed five feet in height. A fence approved for one Lot shall not be considered approval of the
same or similar fence on any other Lot; each such fence must have the approval of the
Committee. Any fence approved may extend from mid -way on the side of a dwelling and back
towards the rear of the Lot.
(5) Without the prior written consent of the Committee, nothing shall be done or kept
in any Dwelling or on any Lot which will increase the rate of insurance applicable to other
buildings in the subdivision. No Owner shall permit anything to be done or kept in his Dwelling
or on his Lot which will result in the cancellation of insurance on his Dwelling or of that of any
of his neighbors. No waste may occur in the Common Areas.
(6) Placement and/or storage of any items on the exterior of a dwelling shll be
permissible only to the extent the placement or storage is temporary in nature and is consistent
with the enjoyment of the property as defined under single family residential use. Temporary
shall be defined as a period no greater than one calendar month.
(7) All motor vehicles of any type kept within the Subdivision shall have current
registration and inspection certificates. Only automobiles, pick-up trucks or vans of a size of
three-quarter ton or smaller and motorcycles shall be allowed to remain overnight on the Lots.
No tractor, trailer or tractor -trailer may be kept within the Subdivision. It is provided, however,
that during construction and development, construction trucks, tractors and equipment may be
kept within the Subdivision by the Developer or his designees.
(8) No signs of any kind shall be displayed to the public view on any Lot except signs
used by the Declarant or its agents to advertise the property during the construction and sales
period or one sign not more than six (6) square feet advertising the property for sale or rent.
(9) No trash, ashes, garbage, or other refuse shall be dumped or stored or
accumulated on the exterior of any Dwelling; except normal construction debris during
construction.
(10) All outdoor receptacles located on a lot for ashes, trash, rubbish or garbage shall
be screened or so placed and kept as not to be visible to the occupants of other lots, except
Declarant or a Builder may have a dumpster located on a Lot during construction.
14
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(Page 15 of 22)
Date 09/09/2005 Tine 08:32:04 15 of 22 Ns
No: 20Z-00135222
Book 2353 Pa3e 944
(11) No noxious or offensive activity shall be conducted upon any Lot nor shall
anything be done thereon which may be or may become an annoyance or nuisance to the
neighborhood.
(12) No animals, livestock, 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 they are not kept or maintained for commercial purposes. Such pets shall be reasonable
in size and number. Animals or pets shall not run at large. NO ROTWILERS, PITBULLS OR
DOBERMANS, OR BREEDS WITH THESE BLOODLINES SHALL BE ALLOWED IN THE
SUBDIVISION, EITHER I3Y OWNERS OR THEIR GUESTS.
(13) The provisions of this Article are subject to the condition that for so long as the
Declarant retains any Lot or any portion of the property in the Subdivision, whether shown and
delineated on the aforesaid plat or later annexed into the Subdivision, which has not been sold,
leased, rented, or otherwise conveyed, the Declarant is hereby expressly permitted to maintain
signs on the Common Areas.
(14) No outside radio or television antennas, satellite dishes, or towers of ally kind,
shall be erected on any Lot or Dwelling unless and until permission for said has been granted by
the Committee. Any satellite dish must not exceed eighteen inches in diameter and shall be
located so as not to be visible from the street. No radio station or shortwave operator of any kind
shall operate from any Lot or Dwelling without the prior written consent of the Committee.
(15) All plumbing fixtures, dishwashers, toilets, or sewage disposal systems shall be
connected to a sewage system approved by the appropriate governmental authority and the
Declarant. No outside toilet shall be constructed or permitted on any Lot after completion of the
principal residential dwelling. Portable toilets shall be allowed during the construction period.
(16) No temporary house, manufactured mobile home, trailer, camper, tent, garage or
other outbuilding shall be placed on or erected on a Lot. Provided, however, the Committee may
grant permission for a temporary structure for storage of materials during the construction period
and the Declarant may maintain construction and/or sales trailers during the development period.
No such temporary structure or appurtenant structure as may be approved shall be used at any
time as a dwelling.
(17) Once construction of improvements is started on any Lot, improvements must be
substantially completed in accordance with the plans and specifications as approved by the
Committee within a reasonable time after commencement.
(18) No residence shall be occupied until the same has been substantially completed
and a Certificate of Occupancy has been issued by the appropriate governmental authority.
(19) All structures constructed or placed on any Lot shall be build of substantially new
materials and no used structure or materials shall be moved, relocated, or placed on any such
Lot.
15
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(Page 16 of 22)
Date 09/09/2005 Tiae 08:3204 16 of 22 Pss
No, 2005-00135222
[bak 2333 Paw 945
(20) Fuel storage tanks shall be buried below the surface of the ground or screened by
shrubbery or other satisfactory means so that they will always be hidden from streets and
Common Arcs.
(21) No structure erected upon any Lot may be used as a model exhibit or model home
unless prior written consent to do so has been obtained from the Committee. Provided, however,
that notwithstanding any other provisions of this Declaration, Declarant may maintain model
homes and sales offices in the Subdivision as long as Declarant own a Lot within the area
described in Article A(10).
(22) No outside burning of garbage or refuse shall be permitted.
(23) Each lot owner shall be responsible for maintaining any Buffer areas to the rear of
their individual lots, as may shown on the plat of Planters Midge, a Planned Unit Development,
hereinabove referred to, in their natural state. Interpretation and enforcement of this provision
shall not be such as to preclude the removal of obvious hazards to adults, children and/or pets
(i.e.: The removal of poisonous and/or harmful vegetation, insects, animals, etc., shall be
permissible) If any lot owner refuses to repair or return these areas to a natural state as directed
by the Homeowner's Association, then the Association may have the area repaired as needed and
an assessment for those repairs may be levied against the lot owner as provided in Paragraph F
and G of these covenants.
N. Waiver
No provisions contained in these Restrictions,' the Articles or the Bylaws, shall be
deemed to have been waived, abandoned, or abrogated by reason of failure to enforce them on
the part of any person as to the same or similar future violations, no matter how often the failure
to enforce is repeated,
O. Variances
The Committee in its discretion may allow reasonable variances and adjustments of these
Restrictions in order to alleviate practical difficulties and hardship in their enforcement and
operation. Any such variances shall not violate the spirit of the intent of this document to create
a Subdivision of Lots owned in fee by various persons with each such Owner having an
easement upon areas owned by the Corporation. No variance or adjustment will be permitted if
such would be materially detrimental or injurious to the welfare of the other property and
improvements in the Subdivision as determined by the Committee.
To be effective, a variance hereunder shall be recorded in the Office of the Register of
Deeds of Craven County; shall be executed on behalf of the Committee; and, shall refer
specifically to this Declaration.
P. Duration, Amendment aridTermination
16
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(Page 17 of 22)
Date 09/09/2005 Time 08:32:04 17 of Z2 P95
W, 2005-00135M
Bank 2353 Pam 946
(1) The covenants and restrictions contained in the Declaration shall run with and
bind the land until June 1, 2024, after which time they shall be extended automatically for
successive periods of ten (10) years. This Declaration may be amended in full or in part prior to
June 1, 2024, by an instrument signed by not less than two-thirds (2/3) of each class of members,
and thereafter, by an instrument signed by not less than three -fourths (3/4) of each class of
members provided, that no amendment shall alter any obligation to pay ad valorem taxes on the
Common Areas or assessments for street lighting as herein provided, or affect any lien for the
payment of same. Further, no such amendment shall affect the rights of Declarant unless such
party executes the amendment.
(2) invalidation of any one of these covenants or Restrictions by judgment or court
order shall in no way affect any other provisions which shall remain in full force and effect.
(3) Notwithstanding any other provisions of this document, Declarant may amend
this instrument without the joinder or consent of any other person or entity if such amendment is
required by any governmental agency for governmental approval.
(4) So long as there is a Class 13 Membership, annexation of additional properties,
dedication of common areas and amendments to this Declaration of Covenants, Conditions,
Restrictions and Easements shall first be approved by the Department of Veterans Affairs.
Q. Common Areas: Private
(1) Every Common Area and any facility thereon is private. Neither the Declarant's
execution nor recording of the plat nor any other act of the Declarant with respect to the property
is or is intended to be or shall be construed as a dedication to the public of any of said parks,
recreational facilities or amenities other than as reflected herein. An easement for the use and
enjoyment of each of the areas designated as Common Areas is reserved by the Declarant, its
successors and assigns, for the benefit and use of its remaining property as described above and
an easement for the use of such areas may be granted to the owners of such remaining property.
(2) All Common Areas shall be owned by the Corporation and shall be acquired by
the Corporation free and clear of all liens and encumbrances except pro rata ad valorem real
property taxes for the year of conveyance, rights and easements reserved herein, and drainage
and utility easements and mineral reservations as established in the chain of title.
R. Remedies
Enforcement of these restrictions and conditions shall be by proceeding at law or in
equity against any person or persons violating or attempting to violate any covenant or condition,
either to restrain violation thereof or to recover damages therefore, injunction shall not issue to
compel the removal of or moving of any completed residence for violation of side setback or
front setback restrictions, the sole remedy of any offended person being a suit for damages.
S. Applicability
17
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(Page 18 of 22)
Date 09/09/2005 Time 08:12:04 18 of 22 Fss
11a: 2005-00135222
Book 2353 Paso 947
These Restrictions shall apply only to the Lots specified herein or hereinafter annexed
into the Subdivision. No other property is restricted.
T. Captions
The captions preceding the various Articles of these Restrictions are for the convenience
of reference only, and shall not be used as an aid in interpretation or construction of these
Restrictions. As used herein, the singular includes the plural and where there is more than one
Owner of a Lot, said Owners are jointly and severally liable for the obligations herein imposed.
Throughout this Declaration, references to the masculine shall be deemed to include the
feminine, the feminine to include the masculine, and the neuter to include the masculine and
feminine.
U. Notice
All notices provided for or, permitted pursuant to these Restrictions shall be in writing
and, except as is herein otherwise expressly provided, notice shall be deemed sufficient and
service thereof completed upon hand delivery or receipt, refusal or non -delivery of same when
mailed postage prepaid to the party to or upon whom notice is being given or served at the
address of such party last reflected on the records of the Corporation.
V. Liberal Construction
The provisions of this Declaration shall be construed liberally to effectuate its purpose of
creating a Subdivision of fee simple ownership of Lots and buildings governed and controlled by
rules, regulations, restrictions, covenants, conditions, reservations and easements administered
by an Owners' association with each Owner entitled to and burdened with the rights and
easements equivalent to those of other Owners. In the case of conflict between this Declaration,
the Articles or the Bylaws, this Declaration shall control the Articles and the Bylaws, and the
Articles shall control the Bylaws.
W. Stormwater Reaulations
1. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW7 050104, 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.
18
Book_2353,Page:930

(Page 19 of 22)
Date 09/09/2005 Time 08:11* 19 of 22 1`95
No: 2005-110133M
Bonk L� law 948
5. Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water Quality.
6. The maximum allowable built -upon area per lot is 2600 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,
coquina and parking areas, but does not include raised, open wood decking, or the water surface
of swimming pools.
7. All runoff from the built -upon areas on the lot must drain into the permitted
system. This may be accomplished through a variety of means including roof drains and gutters,
which drain to the street, grading to lot to drain toward the street, or grading perimeter swales to
collect the lot runoff and directing them into a component of the stormwater system. Lots that
will naturally drain into the system are not required to provide these additional measures.
X. Joinder of Lienholder
Branch Banking and "Crust Company holds a lien on the real property subject to
this Declaration. Branch Banking and Trust Company and BB&T Collateral Service, Inc. join in
the execution of this Declaration for the sold purpose of subjecting the land which is subject to
this Delaration to these Restrictions.
IN WITNESS WHEREON, Declarant has caused this instrument to be properly executed
in such form as to be binding after proper authority having been given this the day and year first
above written.
CAROLINA SOUTH BUILD RS INC.
By:
President
BRANCH BANKING & TRUST COMPANY
By.
ce, President
19
Sook:2353,Page:930

(Page 20 of 22)
Date 05/09/2005 Tice 08:32:04 20 of 22 P95
RD: 2005-00135222
kal 2353 Page 949
BB&T COLLATERAL SERVICE CORPORATION
By:
i c e, President
20
Book:2353,Page:930

(Page 21 of 22)
Date 05/04/Z005 Tire 08*32.04 ZI of 22 Pss
No: 2M-00135222
Soak 2353 Page 950
North Carolina. brow County
I, ko e ri RtWe- ?Am os , a Notary Public, certify that
personally came before me this day and acknowledged that he is Uwe. President of
CAROLINA SOUTH BUILDERS, INC., a North Carolina corporation, and that he, as
Presidentiy }.
4�eig authorized to do so, executed the foregoing on behalf of the corporation,
and official stamp or seal this the l8 day of, 2005.
a4���
Notary Public
My Commission Expires: Q109
North Carolina, Caen County
I, Amie, %Lamb , a Notary Public, certify that �ft'T-- ejark
personally came before me this day and acknowledged that he is President of BRANCH
BANKING AND TRUST COMPANY, a banking corporation, and that he, as I c6
President, being authorized to do so, executed the foregoing on behalf of the corporation.
Witness by hand and official stamp or seal this the q day of �, 2005.
`"»'ft71L11141111 ,
IWAquT
� G,o f�64' Nota ublic
5Juiy N; * My Commission Expires: u
* ; 27
a(J "RY 4 J0� y rs
Hook:2353,Page:930

(Page 22 of 22)
Date 09/09/2005 Tim 08.'32:04 22 of 22 P9s
No: 2005-04135L2
Boak 2353 Pase 951
0hs1a w
North Carolina, C-.rtan County
I, . L44 , a Notary Public, certify that Vp clp-�
personally came before me this day and acknowledged that he is President of BB&T
COLLATERAL SERVICE CORPORATION, a North Carolina corporation, and that he, as
_ _\ l& President, being authorized to do so, executed the foregoing on behalf of the
corporation,
Witness by hand and official stamp or seal this the JL day of h6wsf , 2005.
`,`�tigtl lU I I li I n1111lpl1jllj
a" L,94;r Notary Xltiblic
My Commission Cxpires:
:' July �+
27 r
2010 V ;'
G
A=
C011N��.��''
The certificate(s) of the foregoing notary(ies) islare certified to be correct. This instrument was
presented for registration this day and hour and duly recorded in the Office of the Register of
Deeds of County, North Carolina, in hook _6,Y'3 at Page ju
This the 9 day of , 2 00 5, at _ T 3,2, o'clock _A m.
��g1�_'t". �By .l (g��ll,C, 'e a jm 2
istetfof Deeds �t/Deputy Register of Deeds
22
Book:2353,Page:930

(Page 1 of 2)
AkLp VD
FEB 0 6 2009
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
111ifllll����l!!l� II�lIII!lI�I��lIIII4!l�l�lll�l��l�ll�llll
image ID: 000000961115 Tye CRP
Fee Amt: $17.D0/Page I of2251:22 PM
Craven, NC
Beaky ThomA6on Register of Deeds
SK2438PG918
DECLARATION OF ANNEXATION
THIS DECLARATION OF ANNEXATION made and entered into this _15— day of April,
2006, by and between CAROLINA SOUTH BUILDERS, INC., a North Carolina Corporation,
("Declarant"), and ALL PROSPECTIVE PURCHASERS of lots in PLANTERS RIDGE
SUBDIVISION, SECTION TWO, a map of which is recorded in Plat Cabinet H at Slide 40-A, in the
Craven County Regisoy and any other Lots which are hereafter annexed into the subdivision.
WITNFSSETH:
WHEREAS„ Declarant heretofore recorded in Book 2353 at Page 930, in the office of the
Craven County Registry, a Declaration of Restrictive and Protective Covenants and Conditions for
certain lot in Planters Ridge Subdivision, Section One; and,
WI-II:REAS, in Section J, Paragraph 7 of said document, it was provided that Declarant
reserved the right to annex additional property into the subdivision; and,
NOW THEREFORE, for and in consideration of the premises, and subject to the provisions
hereinafter set fot-th insofar as Section Two is concerned, Declarant hereby declares that Section Two
as the same are shown and delineated on a map of Planters Ridge, Section Two, recorded in Plat H,
Slide 40-A, in the office of the Craven County Registry, hereby are subjected to the restrictive
covenants set forth in the Declaration of Restrictive and Protective Covenants recorded in Book 2353 at
Pate 930, in the office of the Craven County Registry of Craven County, All lots in Section Two shall
be subject it) each and every term and provision of said Declaration of Restrictive and Protective
Covenants, and those matters set forth on the recorded plat.
Book:2438,Page:918

(Page 2 of 2)
IIIIII� Qll�l�l�lllllillllf�I�l�1V�1�V111VIIIIIIIIVIVV
Image I01 000000961176 Type: CRP
Pape 2 of 2
BK2438PG919
IN TESTIMONY WHEREOF Carolina South Builders, Inc. has caused this instrument to be
signed and sealed in a manner so as to be binding, this _L5' day of April, 2006.
CAROLINA SOUTH BUILDFS, INC., a
North Carolina ComoraticA
cy,
S•I'ATE OF NORTH CAROLINA
COUNTY OF j2q. p/ J
, ka,-e/r t00crCe— IPl Ma!& , a Notary Public in and for said County and Stale, do
hereby certify that C>Q.nnH I_ 1Jha Leq , personally came before this day and
acknowledged that he is -"-Vice President of Carolina South Builders, Inc,, a North Carolina
Corporation, and that he, as Vice President being authorized to do so, executed the foregoing on
behalf of the corporation.
r ,.Witness my hand and official stamp or seal this -s day of April, 2006.
Notary Public
It+fy couuni n ex-pi-res:
p10 fir remskafion ai : 5 t o'clock
T. � 20 66
A W3 Page QIT
ister of Deeds Craven County
Becky Thompson
Book:2438,Page:918

(Page 1 of 2)
Zrlpared by & return to:
Stubbs & Perdue, P.A.
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
i'lorkfiow No, 698$e3
IIIB{I{{Illlllllllflf I{III{h�l{IR{{�I{I�{Ilfl{{�{�Illllljllllll�lfllll
Image ID: 0000011C2802 TYRO: CAP
Recorded: 03/13/2007 at 12:40:11 PM
Fee AMt: $17.00 Page 1 of 2
Craven, NC
Sherri B. Richard R601ster of Deeds
SK2575 PG445
DECLARATION OF ANNEXATION
THIS DECLARATION OF ANNEXATION made and entered into this -� a day of March
2007, by and between CAROLINA SOUTH BUILDERS, INC., a North Carotins Corporation,
("Declarant"), and ALL PROSPECTIVE PURCHASERS of lots in PLANTERS RIDGE
SUBDIVISION, SECTION THREE, a map of which is recorded in Plat Cabinet H at Slide 84-G, in
the Craven County Registry and any other Lots which are hereafter annexed into the subdivision.
WITNESS ETH:
WHEREAS„ Declarant heretofore recorded in Book 2353 at Page 930, in the office of the
Craven County Registry, a Declaration of Restrictive and Protective Covenants and Conditions for
certain lot in Planters Ridge Subdivision, Section One; and,
WHEREAS, in Section 1, Paragraph 7 of said document, it was provided that Declarant
reserved the right to annex additional property into the subdivision; and,
NOW THEREFORE, for and in consideration of the premises, and subject to the provisions
hereinafter set forth insofar as Section Three is concerned, Declarant hereby declares that Section Three
as the same are shown and delineated on a map of Planters Ridge, Section Three, recorded in Plat H,
Slide 84-G, in the office of the Craven County Registry, hereby are subjected to the restrictive
covenants set forth in the Declaration of Restrictive and Protective Covenants recorded in Book 2353 at
Page 930, in the office of the Craven County Registry of Craven County. All lots in Section Three shall
be subject to each and every term and provision of said Declaration of Restrictive and Protective
Covenants, and those matters set forth on the recorded plat.
y
6
Book:2575,Page:445

(Page 2 of 2)
rN TESTIMONY WHEREOF Carolina South Builders, Inc. has caused this instrument to be
signed and sealed in a manner so as to be binding, this _LA day of March 2007.
CAROLINA SOUTH BUILDERS, INC,, a
North Carolina Corporation
dy Wha y, President
STATE OF NORTH CAROLINA
COUNTY OF C rA ue rl
1, 14 l� / �� �_'Sa Notary Public in and for said County and State, do
hereby certify that Danny L. Whaley, personally came before this day and acknowledged that he is
President of Carolina South Builders, Inc., a North Carolina Corporation, and that he, as
President being authorized to do so, executed the foregoing on behalf of the Corporation.
Witness my hand and official stamp or seal this /cZ_ day of March 2007.
Notary Public
My commission expires; S ��--d ,.•;"= ,.•:,.
Notary stamp or seal
%4
"4aeX1t�
Imaqe 10; 0000011Pa22803 Tyne: CRP
gK 2575 PG446
Book:2575,Page:445

(Page 1 of 2)
Prepared by & return to: /
Stubbs & Perdue, P.A.
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
5111ll 11SHUMM,Rio
Image ID: 000001355255 Type: GRP
Recorded: 01/25/2005 at 02'17:56 PM
Fee Amt: t:17.00 Page lof 2
craven, NG
Sherri B. Richard Reviater of Deeds
BK2685 PG171
DECLARATION OF ANNEXATfON
THIS DECLARATION 01' ANNF ATION made and entered into this 2L day of
January, 2008, by and between CAROLINA SOUTH BUILDERS, INC., a North Carolina
Corporation, ("Declarant"), and ALL PROSPECTIVE PURCHASERS of lots in PLANTERS
RIDGE SUBDIVISION, SECTION FOUR, a map of which is recorded in Plat Cabinet l l at Slide 88-
G, in the Craven County Registry and any other Lots which are hereafter annexed into the subdivision.
WITNESSETH:
WHEREAS, Declarant heretofore recorded in Book 2353 at Page 930, in the office of the
Craven County Registry, a Declaration of Restrictive and Protective Covenants and Conditions for
certain lots in Planters Ridge Subdivision, Section One; and,
WHEREAS, in Section J, Paragraph 7 of said document, it was provided that Declarant
reserved the right to annex additional property into the subdivision; and,
NOW THEREFORE, for and in consideration of the premises, and subject to the provisions
hereinafter set forth insofar as Section Four is concerned, Declarant hereby declares that Section Four as
the same is shown and delineated on a map of Planters Ridge, Section Four, recorded in Plat'H, Slide
88-0, in the Craven County Registry, hereby is subjected to the restrictive covenants set forth in the
Declaration of Restrictive and Protective Covenants recorded in Book 2353 at Page 930, in the Craven
County Registry. All lots in Section four shall be subject to each and every term and provision of said
Declaration of Restrictive and Protective Covenants, and those matters set forth on the recorded plat.
Book:2685,Page:171

(Page 2 of 2)
IN TESTIMONY WHEREOF Carolina South Builders, Inc. has caused this instrument to be
signed and sealed in a manner so as to be binding, this r r day ofJanuary, 2008.
CAROLINA SOUTH BUILDERS, INC., a
North ma Corporatio
ny WOfc
STATE OF NORTH CAROLINA
COUNTY OF
I, j LJAA{ .�_ W �^ a Notary Public in and for said County and State, do
hereby certify that Danny L. Whaley, personally came before this day and acknowledged that he is
1 t,L President of Carolina South Builders, Inc., a North Carolina Corporation, and that he, as
President being authorized to do so, executed the foregoingon behalf of the corporation.
Witness my hand and official stamp or sea] this Z'(fday of January, 2008
My commission expires: S' r S
rZ Notary Public
\� �ti�ii u i u nrturip�
"0 'p, µ. G APyy ��'
Notary stamp or sea] y
Nofo;y Public
Crav©n County _-
I� IIdIII�fiWl kfi91 4�➢II��fIWI IIWtWI All 0,�rNrCIATI
Image ID: 000001355269 TyP*: CRP
Papa 2 of 2
B-2685 Pa172
Sook:2685,Page:171

THOMAS ENGINEERING, PA
CIVIL ENGT EERINGeLAND DEVELOPMENT•PROJTCT MANAGEMENT
To: NCDENR
Division of Water Quality
943 Washington Square mall
Washington, NC 27889
Re: Planters Ridge Subdivision
State Stormwater Permit No. SW7050104
New Bern, Craven County, NC
Dear Sirs,
February 4, 2009
RIECMvff
FEB 0 6 &1
WO-WARO
Please find enclosed for your files the Engineer's Certification for the referenced project
along with a copy of the recorded "Declaration of Covenants, Conditions, Restrictions,
and Easements".
If you haz,,dny questions or comments, please do not hesitate to call.
Si
Tohn'G. Thomas, PE
aohntliomas i tthomasen ing eeringpa.com
Enclosures
309 Metcalf Street.P.0. Box 1309.New Bern, NC 28563
Phone; [phone].Fax: [phone].Website: Thomas6ngineeringPA.com

May 24, 2007
Mr. Dale Osborn
76 Morning Star Drive
New Bern, NC 28562-3402
Subject: Permit SW7050104
Planter's Ridge Subdivision
Craven County
Dear Mr. Osborn:
VJ�-Rb
Midtael F. Fasley, Governor
William G. Ross Jr., Seavtary
North Carolina Department of Enviroament and Natural Reaournes
Alan W. Klimek, P.E. Direaor
Division of Water Quality
This letter is in response to your concern regarding the location of a drainage
feature as it pertains to your property and that of Planter's Ridge Subdivision. This
drainage feature is presently used by Planter's Ridge in conjunction with SW7050104.
Mr. Samir Dumpor has visited the site, reviewed the plans and conferred with Mr.
Danny Meadows of Craven County. The County of Craven and DWQ are in agreement
on this issue.
As part of the permit application a Professional Engineer licensed in North
Carolina has place the surface water conveyance figure in question in part within the
boundary of the Planter's Ridge Subdivision. The County and DWQ believe this to be a
civil issue.
If you have any questions please do not hesitate to contact Mr. Dumpor or myself.
Sincerely,
Al Hodge, Regional Supervisor
Surface Water Section
Division Water Quality
QiXl1�7�y
North Carolina Division of Water Quality 943 Washington Sq. Mall Washington, NC 27889 Phone [phone] Customer Service
Internet: www.ncwatcrr-uality.org Fax [phone]

05109/2007 13.52 2526388309 COLONIAL MHP PAGE 01/01
Colonial Mobile Home Park
76 Morning Star Drive
New Bern, NC 28562-3402
Dale Osborn: (252)-638-8309
FAX COVER SHEET,
TO _ / !1n�-� - c
COMP ANNY
---------------------------------------------------------------------------------------
URGENT ❑ FOR Rj�\J.FW ❑ PLEASE CQMMENT 0 PLEASE REPLY ❑ PLEASE RECYCLE
------------------------------------------- --- ,------- -l-!-------------^----------�1-------
� OTES/C,0-V1MF NTS: I�, ' '5/mm Ufa, - kw� � 7` 1 05Y0 t

4\�
0
V

04/09/2007 07:57 25253e@309 COLOHJAL MHP PACE 01/01
From: Colonial MHP/76 Morning Star Dr/Nrw Bcrn, 1ti�C 25562-3402; (252)-626-3801
To: Div of Water Quality Washington Re=iona) Office Wasi-utgwia , NC 27889 (252)-946-6481
Re: Flooding caused by a New Development — Planter`s Ridge: Permit# SW7 050104
Alan W. Kilmer:
ApW 6, 2007
A. Planter's Ridge development to the North of our property is dumping all of their overflowv
water from their streets onto the low spot of Colonial MHP.
B. In most states it is illegal for one property to dump their ivater run-off onto another property.
We are unfatuiliar with NC laws on this matter.
C. When property was Mi.11 Run vIHP — there were ditches to take the run-off water to the North
of the property so there was no flooding prof.}letn_ The dumped water tiow has to flow back
through Planter's Ridge to exit to the North. Planter's Ridge put in a small holding pored and
dumped the overflow water onto the low spot of Colonial N 14P. Prior to approving any plans, the
iffxastructure should have been improved to support the addttion.al water. flok"'. No improvements
were made to the e.isting drainage system. The old ditches to the North are now half filled in
preventing drainage to flow the war it used to. The only item new is the pipe dumping pond
overflow- opto Colonial MHP causing overloading of the current drainage system in place.
D. I believe the eugi.tieers did not look at the natural flow of the water before approving the plax?.s
for the drainage for Planter's Ridge, The city guru, Danny Nfcadows, also assumed that the
culvert under 14tvv-43 Seas taking the water to the river. He was quite surprised when lie got out
of the office and saw there is only a small catch basin on the other side b".ngi.nS, the water to this
side of Hwy-43_ Flooding began after Planter's Ridge started dumping all their storm water ran -
off onto Colonial MlfP (Oct 2005). The ditch Nvas built in 1.985 to prevent flooding of Colonial
IVIH—P. i.l.a.1'tuj).. MAP bad a ditch system to take the water to the North but is now being dumped
to the South without any improvements to the existing system to handle thti additimial wate.r.
Solutions: (Permit# SW7 050104 Page 7 hero 5: creation of uuisance conditions)
1. The exit pipe .front the ,,.mall bolding pond needs to exit Planter's Ridge to the Nort4
returning the water flow back to the way it was ,when the property Nvas _Mill Run Nt..N.P and
the current pipe needs to be plugged. The rock dam in the ditch has already been removed.
2. The Glitch system tlivougl, Planter's Ridge and orr their North side need--, to be improved to
elitnutate, any bottleneck Lkreas. The culvert under NC-43 North of Gracie Fauns Rd needs
to be enlarged by the Smte or the developer of Planter's Ridge.
Sincerely,
Dale W. Osborn
Manager - Colonial MHP

State Stormwater Management Systems
Permit No. SW7 050104
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH 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
James E. Maides & Carolina South Builders, Inc.
Planters Ridge Subdivision
NC 43, New Bern, Craven County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and
the approved stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until June 13, 2015 and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.5 on page 3 of this permit. The subdivision is
permitted for 98 lots, each allowed 2,600 square feet of built -upon area.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
Page 2 of 9

State Stormwater Management Systems
Permit No. SW7 050104
y
The following design elements have been permitted for this wet detention pond
stormwater facility, and must be provided in the system at all times:
a. Drainage Area, acres: 20.92
Onsite, ft2: 911,383
Offsite, ft2: 0
b. Total Impervious Surfaces, ft2: 375,698
Lots at 2,600 ft2: 254,800
Roads/Parking, ft2: 107,498
Other, ft2: 13,400
Offsite, ft2: 0
C. Pond Depth, feet:
d. TSS removal efficiency:
e. Design Storm:
f. Permanent Pool Elevation, FMSL:
g. Permitted Surface Area @PP, ft2:
h. Permitted Storage Volume, ft3:
m
0
Storage Elevation, FMSL:
Controlling Orifice:
7.0
90%
1"
19.00
14,950
39,322
21.3
2.75"0 pipe
Permanent Pool Volume, ft3: 59,302
Forebay Volume, ft3: 17,696
Maximum Fountain Horsepower: 1/4
Receiving Stream 1 River Basin
Stream Index Number:
p. Classification of Water Body -
III. SCHEDULE OF COMPLIANCE
Neuse River 1 Neuse
NEU10 27-(96)
"SC Sw NSW"
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire lot, including driveways and sidewalks, 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.
Page 3 of 9

State Stormwater Management Systems
Permit No. SW7 050104
3. If an Architectural Review Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built -upon area. Any approvals given by the Board do not relieve the homeowner
of the responsibility to maintain compliance with the permitted BUA limit.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. 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.
7. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
10. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
11. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
Page 4 of 9

State Stormwater Management Systems
Permit No. SW7 050104
12. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW7 050104, 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.
The maximum built -upon area per lot is 2,600 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, coquina and
parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
h. Built -upon area in excess of the permitted amount will require a permit
modification.
13. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp/signature of the Register of Deeds.
14. Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the deepest
part of the pond.
c. The falling water from the fountain must be centered in the pond, away from
the shoreline.
d. The maximum horsepower for the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in this
pond is 114.
Page 5 of 9

State Stormwater Management Systems
Permit No. SW7 050104
15. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
16. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and.unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
17. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
18. This permit shall become voidable unless the facilities are constructed in
accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data.
19. 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.
III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event there is either a desire for the facilities to
change ownership, or there is a name change of the Permittee, a
"Name/Ownership Change Form" must be submitted to the Division of Water
Quality accompanied by appropriate documentation from the parties involved.
This may include, but is not limited to, a deed of trust, recorded deed restrictions,
Designer's Certification and a signed Operation and Maintenance plan. The
project must be in good standing with DWQ. The approval of this request will be
considered on its merits and may or may not be approved.
2. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
Page 6of9

State Stormwater Management Systems
Permit No. SW7 050104
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Permit issued this the 13th day of June 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alari W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7 050104
Page 7of9

t
WET DETENTION POND ANALYSIS
FILE NAME:
PROJECT #: SW8 SW7050104
PROJECT NAME: Planters Ridge
S:IWQSIPOND1SW7050104.WK1
REVIEWER: L. Lewis
DATE: 13-Jun-05
Receiving Stream: Neuse River Class: SC
Drainage Basin: Neuse Index No.
Site Area 20.92 acres
Drainage Area 11 it .911383''00.1!! square feet Area in Acres 20.92
IMPERVIOUS AREAS
98 lots @2600
Street
SW
TOTAL
SURFACE AREA CALCULATION
254800.00 square feet
107498,00 square feet
13400.00 square feet
square feet
square feet
square feet
square feet
87668 00; square feet
IMPERVIOUS 41.22% SAIDA Ratio
Des. Depth 7 Req. SA
TSS: 90 Prov. SA
VOLUME CALCULATION
Rational ?*
1
Des. Storm
.100 i
inches
Rv=
0.421
Bottom
12 msl
Perm. Pool
101 msl
Design Pool
21.3 msl
Storage met @ele
21.29 msl
Req. Volume
39229
cf
Vol. Prov. at DP
39323
cf
ORIFICE CALCULATION
Avg. Head =
Flow Q2, cfs
Flow Q5, cfs
No. of Orifices
Diameter, inches
Drawdown =
1.09 ft
0.227 cfs
0.091 cfs
C 3,332440476
weir HxW
days
Rational C
1.00 house only
0.90
0.90
0.90
Rational Cc= 0.52
1,46%
13317 sf
7�sf
* place a "1" in the box if Rational is used
FOREBAY
Perm. Pool Volume=
59302
Req. Forebay Volume=
11860.4
Provided Volume=
17696.00
Percent=
#forebay is as deep as the pond - OK
Elevation Area Inc. Vol. Acc. Vol.
19.00 14951.00 0.00
21.30 19243.00 39323.10 39323,10
Q2 Area =
6,49
sq. inches
Q5 Area =
2.60
sq. inches
Orifice Area
5.94
sq. inches
Q=
0.208
cfs
in
x
i!I'il!'II'
in
Surface Area @DP = 19243 sq. ft.
Falling Head Drawdown = 3.0 days
L= -0.219
COMMENTS
Surface Area , Volume and Orifice are within Design Guidelines.

�GF WAr� Michael F. Easley, Governor
17
`p G William G. Ross, Jr., Secretary
�
North Carolina Department of Environment and Natural Resources
a Alan W. Klimek, P.E. Director
Division of Water Quality
June 7, 2005
Mr. James Maides, President
Carolina South Builders, Inc.
166 Center Street
Jacksonville, NC 28546
Subject: Request for Additional Information
Stormwater Project No. SW7 050104
Planters Ridge Subdivision
Craven County
Dear Mr. Maides:
The Wilmington Regional Office received some of the previously requested information
regarding the Stormwater Management Permit Application for Planters Ridge Subdivision on
April 13, 2005, A preliminary review of that information has determined that the application is
not complete. The following information is needed to continue the stormwater review:
For low density subdivisions, the Division's recent compliance study has found that
70% of permittees have either not recorded the permitted deed restrictions, or
recorded incorrect statements, leading to myriad problems in maintaining
compliance with low density. The deed restrictions listed on the current version of
the SWU-101 application are inadequate to cover all of the required items, so
individualized deed restrictions were developed for each type of project. Per NCAC
2H.1003(g)(9), a copy of the recorded deed restrictions is required to be submitted
prior to issuing the permit, however, the Division recognizes that restrictive
covenants cannot be recorded until a map is recorded, and the map cannot be
recorded until all of the permits are in place. Therefore, to satisfy the rule, and head
off any potential compliance problems, we will accept either a copy of the entire
PROPOSED covenants document, which contains the necessary statements, or you
can sign and date a copy of the required statements, as found on the attached
document.
2. As discussed in my meeting with your consultant, I am willing to allow a 6' shelf for
this pond, however, your consultant has agreed that future pond designs will provide
for a 10' shelf. Stormwater control and treatment should not be an afterthought in
the planning process. Careful upfront planning should eliminate many of the current
"design problems" with length to width ratios, shelf width and vegetated filter
requirements.
Please note that this request for additional information is in response to a preliminary review.
The requested information should be received by this Office prior to July 7, 2005, or the
application will be returned as incomplete. The return of a project will necessitate resubmittal of
all required items, including the application fee.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1-877-623.6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NOI'YhCaro/lina
An Equal Opportunity/AftirmaUve Action Employer — 50°% Recycled110°% Post Consumer Paper Na1�timally

Mr. Maides
June 7, 2005
Stormwater Application No. SW7 050104
If you need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this
letter. The request must indicate the date by which you expect to submit the required
information. The Division is allowed 90 days from the receipt of a completed
application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
ENBlarl: S:1WQSISTORMWATERIADDINFO120051SW7050104.jun05
cc: John Thomas, P.E., Thomas Engineering
Al Hodge, Washington Regional Office (via email)
Linda Lewis
P' k.
Page 2 of 2

1` INFORMATION PERTAINING TO DEED RESTRICTIONS
AND PROTECTIVE COVENANTS
By my signature below, I attest that, in accordance with Title 15 NCAC 2H.1000, the Coastal
Stormwater Management Regulations, I will cause the following deed restrictions and
protective covenants for a High Density Residential Subdivision to be recorded to ensure
that the development maintains a "built -upon" area consistent with the design criteria used to
size the stormwater control facility:
9. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW7 050104, 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.
6. The maximum allowable built -upon area per lot is 2600 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, coquina and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
7. All runoff from the built -upon areas on the lot must drain into the permitted system: This
may be accomplished through a variety of means including roof drains and gutters,
which drain to the street, grading the lot to drain toward the street, or grading perimeter
swales to collect the lot runoff and directing them into a component of the stormwater
system. Lots that will naturally drain into the system are not required to provide these
additional measures.
Printed Name
Signature Date

APR 1 3 2005
Thomas Engineering, PA
403-C Airport Road
P. O. Box 1309, New Bern, NC 28563
252.637.2727 fax:[phone]
email: [e-mail]
To: Stormwater Management Section
Division of Water Quality
127 Cardinal Drive
Wilmington, NC 22405-3845
Attn: Linda Lewis
Re: Revised Stormwater Plan
Stormwater Project No. SW7 050104
Planters Ridge Subdivision
Craven County
98037A
Dear Linda,
BY:
SON G I d d'd
April 12, 2005
Please find enclosed two copies of the Revised Stormwater Management Plan Submittal
for the referenced project for your approval per your comment letter dated March 18,
2005. Enclosed items include a new original Stormwater Management Permit
Application Fonn and one copy, a new original Wet Detention Basin Supplement and one
copy, and two copies each of the Revised Stormwater Report and Plans.
I offer the following responses to the items of your comment letter and in the same order
as you have in your letter:
1. On the original application form, the applicant certified that the Deed
Restrictions and Protective Covenants will comply with that contained under
paragraph IV. I don't understand why more than that is required at this time,
whereas the Washington office has been accepting it this way.
2. The volume calculations are now shown on plan sheet 9.
3. The slope and shelf vegetation has been indicated on plan sheet 9.
4. The vegetative shelf remains at 6' and we ask for a waiver from the 10,
requested. Since this is a relatively small pond and the geometric
configuration, a 10 foot shelf would reduce the pond volumes significantly.
Also, the Washington Regional office has been approving less than 10' on
previously permitted projects. I have attached one that was issued in July,
C:1Documents and Setdngslte\My Documentsljolingt\Projects\Planters Ridge 98037MGenerallSWM2.doc

2004 for your information and it clearly is designed with a G' shelf. 1 could
send you a couple dozen more if you wish to see them.
5. The vicinity map has been updated to show the closest major intersection.
G. This item has been modified on the application as you requested.
7. Lot 24 will be restricted per the application.
8. The application has been revised to read "Neuse River"
9. The storage calculations have been corrected in the Engineering Report and
on the Applications.
10. The vegetative filter is not required. The pond has been designed for the 90%
TSS removal.
Concerning the issues that I have raised pertaining to design criteria, it's not that I
disagree with your requirements, but it would have been nice to have had a two minute
warning prior to a change in policy, particularly after a precedence had been set within
the Washington Regional Office. In my opinion, their approach was acceptable and
within the frame work of the rules. It is my understanding that the Stormwater Best
Management Practices Manual is a guideline, not a rule, and variances from the design
criteria contained therein should be considered. I respect your position on this and will
endeavor to design our projects to your requirements if I know they are headed your way
for review.
If you should have any questions or comments, please do not hesitate to call.
Since y,
G. Thomas, P.E.
Encl
Cc: Carolina South Builders, Inc.
CADocumenis and SettingslteWy DocumentsljohngtTrojects\Planters Ridge 98037A\Genera1lSWM2.doc

'Planters Ridge
Craven County, New Bern, NC
March 18. 2005
REVISED
ENGINEERING REPORT
men
STORMWATER IMPROVEMENTS
AT
PLANTERS RIDGE
NEW BERM �'CEI V E1J
CRAVEN COUNTY
APR 13 2005
98037 PRaa # :�{,u nw ' oso (c4'
OWNER: CAROLINA SOUTH BUILDERS, INC
1625 NORTH MARINE BLVD
JACSONVILLE, NC 28546
CONSULTING ENGINEER: THOMAS ENGINEERING, P.A.
P.O. BOX '1309
NEW BERN, N.C. 28563-1309fx;aFa®� `
252-637-2727 iMl
[C
- 252-636-2448 fax
[e-mail] email
9- "' ram- 'w�is y, �•1'�,:
C: (Documents and SeuingsVeWy DocuntentslohngtlProjectslPla�iters Ridge 98037AIReportslSlornnvater
Page 1 of 1

Planters Ridge
Craven County, New Bern, NC
March 18, 2005
NARRATIVE
PROJECT DESCRIPTION
The purpose of this project is to develop a single family residential subdivision with
associated construction of curb and guttered paved streets with concrete sidewalks,
central water and sewer, and other appurtenances characteristic of this type of
development. The proposed development is located within the city limits of New
Bern and is bordered on the north, south and west by residential subdivisions, and on
the east by NC 43. Approximately 20 acres will be disturbed during the construction
phase of this development. The total number of lots proposed is 98, with an average
lot size of 5000 square feet.
STORMWATER
This development is being developed as a high density project with the overall
percent of impervious cover at 41.2%. Stormwater will be collected by underground
storm sewers and grass lined swales and treated in a stormwater wet detention pond
before being discharged into an existing ditch.
C.•IDocuments and SeuingsltelMy Documents johngtlProjectslPlanters Ridge 98037RIReportslStormwater Revised. doe
Page 2 of 2

Planters Ridge March 18, 2005
Craven County, New Bern, NC
SUPPORTING DOCUMENTS
A. Site Data
1. Built Upon Area
Streets (asphalt)& Sidewalks (concrete) ................ 120,898 SF
Houses, driveways, etc. on lots:
98 lots @ 2600 SF .................................... 254,800„ SF
Total Built Upon Area....................................3755698 SF (8.6248 ac)
2. Total Project Area .................................... 911,383 SF (20.92 ac)
3. Percent Impervious Area
( 375,698 sf 1911,383 sf) (100) — 41.2 % > 30%
4. Per Lot Impervious Cover Restrictions
a. Deed Restrictions Requirements
The following items must be included:
No more than 2600 square feet of any lot, including right -of —way
between the edge of pavement and the front lot line, shall be covered by
impervious structures, including asphalt, gravel, concrete, brick, stone,
slate or similar material, not including wood decking or the water
surface of a swimming pool. This covenant is intended to ensure
compliance with the stormwater permit issued by the State of North
Carolina. The covenant may not be changed or deleted without the
consent of the state.
b. Per Lot Breakdown
House .................................. 1600 sf
Driveway .............................. 600 sf
Sidewalk ............................... 100 sf
Patio .................................... 200 sf
Out Building .......................... 100 sf
Total Per Lot ......... 2600 sf
B. Determination of Wet Detention Pond Surface Area
1) Reference Attachment "A" 90% TSS removal without vegetative filter
5) Proposed Pond Depth: 7.0 ft
C.'IDocuments and .SettingsltelMy DocuntetrtslohngtlProjectslPlanters Ridge 98037AIReportslStormivater Revised.doc
Page 3 of 3

Planters Ridge
Craven County, New Bern, NC
March 18, 2005
6) Imperious Percent: 41.22%
7) Drainage Area: 911,383 sf (20.92 ac)
8) Surface Area/Drainage Area: 1.45 %
(Interpolated from attachment "A") 90% TSS Removal
Where:
Impervious % = 41.22%
Permanent Pool = 7.0 ft
9) Pond Surface Area:
a) Required 911,383 sf X 0.0145 = 13,215 sf
b) Provided Design pond surface area (SA)= 14,950 sf (@ permanent pool
elevation)
C. Determination of required storage following a one inch
rainfall event:
Where C for building roofs = 1.0
paved areas = 0.9
green areas = 0.2
1) Building Roofs
(166,600 sf)(1.0)(1 inch)(1 ft / 12 inch) = 13,883 cf
2) Paved Areas
(209,098 sf)(0.9)(1 inch)(1 ft / 12 inch) = 15,682 cf
3) Green Areas
(535,685 sf)(0.2)(1 inch)(1 ft/ 12 inch) = 8,928 cf
4) Required Total Storage Volume ....... 38,493 cf
5) Storage Depth (1 inch rainfall)(h)
H = Volume/SA (estimated)
H = 38,493 cf / 14,950 sf
H = 2.6 ft
Try H = 2.3
{(Temp Pool sf @ elev 21.3 + Perm Pool sf @ elev 19.0)/2} x 2.3 =
{(19243 + 14950)/2) x 2.3 = 39322 cf> 38493 cf A
6) Provided Storage Volume .............. 39,322 cf
D. Draw down determination (based on 1 inch rainfall)
C-0ocumetts and SettingslteWy Documents lohngtWrojectslPlanters Ridge 48037r11ReportslStormwater Revised.doc
Page 4 of 4

Planters Ridge
Craven County, New Bern, NC
March 18, 2005
1) Q (2 dys) = 38,493 cf / (2 dys)(24 hrs/dy)(60 min/hr)
(60/sec/min) = 0.2228 cfs
2) Q (5 dys) = 38,493 cf / (5 dys)(24hrs/dy)(60min/hr)
(60/sec/min) = 0.0891 cfs
3) Orifice Size
a) Orifice Formula
Area = [Q/Cd divided by the square root of (2gh)] x 144 sgin/sf
Where h = H/2
Cd = 0.6
g = 32.174ft/sec 2
b) Area for Q (2dys)
Area = (0.2228 cfs / 0.6 divided by the square root of (2g 1.15 ft)(144 sgin/sf)
Area = 6.22 sq in
Pipe Dia = 2 times the square root of 6.10 / Pi = 3.96 in
c) Area for Q (5dys)
Area = (0.0891 cfs / 0.6 times the square root of(2g 1.15 ft)(144 sgin/sf)
Area = 2.49 sq in
Pipe Dia = 2 times the square root of 2.44 / Pi = 1.58 in
d) Selected Orifice Size
Use 2.75 in orifice
E. Runoff calculation for riser sizing and overflow:
1) Rational Method Q=CIA
Where Q = Peak rate of runoff (cfs)
C = Runoff coefficient
Building Roofs = 1.0
Paved Areas = 0.9
Green Areas = 0.2
I = Average intensity of rainfall (inches)
(10yr)
A = Drainage area (acres)
2) Determination of Peak Flow Q
C = (166,600 sf)(1.0)+(209,098 sf)(0.9)+(535,685 sf)(0.2)
911,383 sf
C= 0.51
C: Wocunrents and Seuing*elMy DocunrentslohrrgtlProjectslPlanters Ridge 98037A 4ReportslStornrwater Revised.rtoc
Page 5 of 5

Planters Ridge
Craven County, New Bern, NC
March 18, 2005
H (Height difference) = 5 ft
L (length of travel) = 2000ft
Tc (time of Conertractor) = 20 min
i = 4.1 in
10
Q=CIA
Q = (0.51)(4.1 in)(20.92 ac) = 43.75 cfs
10
I=5.0in
25
Q = (0.51)(5.0)(20.92 ac) = 53.35 cfs
25
I = 6.4 in
100
Q = (0.51)(6.4)(20.92 ac) = 68.28cfs
100
F. Outlet pipe & riser determination
1. Riser Pipe
1.5
Q = 3.33(L-0.2H) H (Weir overflow formula for riser determination)
Q = 43.75 cfs
10
H=12in
L = 13.34 ft
Riser diameter "d" = L 1 pi = 4.25 ft (Use 60 in diameter riser)
2.Outlet Pipe = 36 in (see exhibit "Worksheet Pond Outlet Pipe")
C: IDocumenis and SettingsltelMy Documents johng6Projects4Planters Ridge 98037A ReporlslStormwater Revised.doc
Page 6 of 6

Planters Ridge
Craven County, New Bern, NC
March 18, 2005
Exhibits
C:1Documents and SettingsVeWy Docrenrents johngtIProjectsIPlanters Ridge 98037AIReporWSlormwater Revised.doc
Page 7 of 7

{WA1
�\ OS F9QG h- a.��� r`ral-J' Mlcliiiel I . lev, Govcrnor
C� APR 1 2005 William G. (toss Jr., Secretary
North Carolina Department or Environment and Natural Resources
Alan W. Klimek, 1'.1?. Director
April 4, 2005
ER'11FIED MAIL
RETURN RECEIPT REQUESTED
7003 3110 0002 0578 5569
Mr. James E. Maides, President
Carolina South Builders, Inc.
166 Center Street
Jacksonville, NC 28546
Subject: NOTICE OF VILATIONINOTICE OF
RECOMMENDATION FOR ENFORCEMENT
Stormwater Project SW 7050104
Planters Ridge Subdivision
Craven County
Dear Mr. Maides:
This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering taking an
enforcement action for a violation of North Carolina General Statute 143-215.1 which requires, among other things, that
you apply for and receive a permit before you construct any treatment works with the State.
This office received a stormwater permit application for this project on January 12, 2005. On March 29, 2005 Mr. Scott
Vinson of this office inspected the site. At that time it was found that the proposed streets had been constructed, the
parking area was paved, construction of several single family residences were under way and a stormwater wet detention
pond had been constructed.
Please be advised that construction of the proposed facilities without a valid permit is a violation of North Carolina General
Statute 143-215.1 and may subject you to appropriate enforcement actions in accordance with North Carolina General
Statute 143-215.6 Civil penalties of up to $10,000 per day violation may be assessed for failure to secure a permit
required by North Carolina General Statute 143-215.1.
If you have an explanation for this violation that you wish to present, please respond to the Washington Regional Office
within 10 after receipt of this Notice. Your explanation will be reviewed and considered when making a determination
whether to proceed with the enforcement action.
If you have any questions regarding this matter please call me or Scott Vinson at [phone].
Sincerely,
AI Hodge, Regional Supervisor
Surface Water Protection
Washington Regional Office
Cc: C ral Office, Attm Shelton Sullivan
IRO — Linda Lewis
Washington Regional Office
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall I'hone: 252-946-6481
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper
North Carolina
Naturally

of \NA
� - r
o -r
r<iichael F. Easley, Governor
William G. Rom Jr- Secretary
North Carolina DepartmerII of Environment and Natural Resources
Alan W, KlitncL P.E. Director
Ditision of Kater (Quality
March 30, 2005
RECEIVED
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7APR1 2005
7003 3110 0002 0575 2417
Mr. James E. Maides, President BY:
Carolina South Builders, Inc.
P.O. Box 1309
New Bern, NC 28563
Subject: NOTICE OF VIOLATION / NOTICE OF
RECOMMENDATION FOR ENFORCEMENT
Stormwater Project SW7050104
Planters Ridge Subdivision
Craven County
Dear Mr. Maides:
This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering
taking an enforcement action for a violation of North Carolina General Statute 143-215.1(a)(2) which requires,
among other things, that you apply for and receive a permit before you construct any treatment works within
the State.
This office received a stormwater permit application for this project on January 12, 2005. On March 29, 2005
Mr. Scott Vinson of this office inspected the site. At that time it was found that the proposed streets had been
constructed, the parking area was paved, construction of several single family residences were under way
and a stormwater wet detention pond had been constructed.
Please be advised that construction of the proposed facilities without a valid permit is a violation of North
Carolina General Statute 143-215.1 and may subject you to appropriate enforcement actions in accordance
with North Carolina General Statute 143-215.6. Civil penalties of up to S10,000 per day per violation may be
assessed for failure to secure a permit required by North Carolina General Statute 143-215.1.
If you have an explanation for this violation that you wish to present, please respond to the Washington
Regional Office within 10 days after receipt of this Notice. Your explanation will be reviewed and considered
when making a determination whether to proceed with the enforcement action.
If you have any questions regarding this matter please call me or Scott Vinson at [phone].
Sincerely,
Al Hodge, Regional Supervisor
Surface Water Protection
Washington Regional Office
cc: New Bern Planning/inspections
Thomas Engineering, PA
Washington Regional Office
Central Office, Attn: Shelton Sullivan
•—f=inda Lewis for hc:uAlltllir
North Carolina Division of %Vatev Quality' Phone ('-52) 946-(49l I.A\ (? _) 9 }C-921 Customer Service
Inlcrnet: h2o,em.state.no.us 943 WLL%:in;ton Square Mall. Washington. NC 37559 1-8771-523-6749

-FILE MODE
807 MEMORY TX
P. 1
COMMUNICATION RESULT REPORT (.MAR.29.2005 9:29AM )
TTI NCDENR WIRO
OPTION f' ADDRESS (GROUP)
--- ----- R PAGE
912529469215 - - OK --_a�
iP.
A
------------------------- --
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
_. E-8) NO ANSWER E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources,
Wilmington Regional Office
P10) 395-3900
Michael F. Easley, Governor William G. Ross Jr,, Secretary
FAX COVER SHEET
Date ��, ?,,Q,o5 # pages (excluding cover) 7
To: AI From: 1.-' %i5
CO: Vjo&oDivision: -
FAX #: Z - (D 215 FAX#: [phone]
REMARKS:
127 Cardinal Drive Extension, Wilmington, N,C. 29405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

�OF W A TF9Q Michael F. Easley, Governor
`p G William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
Division of Water Quality
March 18, 2005
Mr. James E. Maides, President
Carolina South Builders, Inc.
PO Box 1309
New Bern, NC 28563
Subject: Request for Additional Information
Stormwater Project No. SW8 050104
Planters Ridge Subdivision
Craven County
Dear Mr. Maides:
The Washington Regional Office received a Stormwater Management Permit Application for
Planters Ridge Subdivision on January 12, 2005. Due to a staff shortage in WaRO, staff of the
Wilmington Regional Office are conducting this review and issuing the permit. A preliminary
review of that information has determined that the application is not complete. The following
information is needed to continue the stormwater review:
Please provide a copy of the proposed deed restrictions, per the attached
document.
2. Please provide permanent pool volume and forebay volume calculations to
support the numbers reported on the supplement.
3. Please specify pond side slope vegetation and the wetland species to be planted
on the 6:1 shelf.
4. Please specify a minimum vegetated shelf width of 10'.
5. 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.
6. It is not necessary to split up the proposed 2,600 square feet per lot into how
much is house and how much is driveway and sidewalks. Please just report
254,800 in the "Buildings" box, and 13,400 in the "Sidewalks" box. The reported
street BUA is correct.
7. Due to its configuration, Lot 24 may need more built -upon area than the others.
8. The application indicates only that this project drains to "Neuse". Do you intend
for this to be the Neuse River?
9. There is a reporting error in the 1" minimum volume calculation. The calculations
report the total required storage volume as 34,493 cubic feet, and go on to use
this incorrect number to determine the storage height. The correct 1" volume is
38,493, and dividing 38,493 by 14,951 equals 2.6', not 2.3'. Please raise the
temporary pool elevation to 21.6, and revise the calculations, supplement and
plans as necessary.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1 -877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us Oac
NorthCarolina
An Equal OpportunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper Nahma!!y

Mr. Maides
March 18, 2005
Stormwater Application No. SW7 050104
10. Please provide a 30' vegetated filter at the outlet of the pond, wholly
located on the property. Please identify the location of the filter and add a
detail to the plans, per the attached drawing.
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received by this Office prior to April 18,
2005, or the application will be returned as incomplete. The return of a project will
necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this
letter. The request must indicate the date by which you expect to submit the required
information. The Division is allowed 90 days from the receipt of a completed application
to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143-215.6A.
Please direct your response to the Wilmington Regional Office at the address
listed at the bottom of the first page of this letter. Please reference the State
assigned -project number on all correspondence. Any original documents that need
to be revised have been sent to the engineer or agent. All original documents must be
returned or new originals must be provided. Copies are not acceptable. If you have any
questions concerning this matter please feel free to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
ENBlarl: S:IWQSISTORMWATERIADDINFO120051SW7050104.mar05
cc: John Thomas, P.E., Thomas Engineering
Linda Lewis
Page 2 of 2

Page 1 of 1
Elaine F. Marshall
Secretary
Corporations
°Corporations Home
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yNoorth Carolina
i_..JEPARTMEN 1�r
OF THE
SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27626-0622 [phone]
Date: 3/17/2005
Click here to:
View Document Filings 1
Print apre-populated Annual Report Form I File an Annual Report I
Corporation Names
Name Name Type
NC Carolina South Builders, Legal
Inc.
Business Corporation Information
SOSID:
0625295
FID:
61-1409616
Status:
Current -Active
Date Formed:
3/26/2002
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name:
Registered Office Address
Registered Mailing
Address:
Principal Office Address:
Principal Mailing Address:
Stock
Maides, James E.
211 Bethesda Court
Jacksonville NC 28540
211 Bethesda Court
Jacksonville NC 28540
No Address
Class Shares No Par Value Par Value
Common 100000 Yes NIA
For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster.
http://www.secretary.state.nc.us/Corporations/Corp.aspx?PItemld=5450911 3/17/2005

SOSID: 625295
Date Filed: 3/26/2002 11:38 AM
Elaine F. Marshall
North Carolina Secretary of State
State of North Carolina
22 005 9056 Department of the Secretary of State
ARTICLES OF INCORPORATION
Pursuant to Subsection 55-2-02 of the General Statutes of North Carolina, the undersigned does
hereby submit these Articles of Incorporation for the purpose of forming a business corporation.
I. The name of the corporation is: Carolina South Builders, Inc.
2. The number of shares the corporation is authorized to issue is: 100,000.
These shares shall be: (check either a or b)
a. XX all of one class, designated as common stock; or
b. divided into classes or series within a class as provided in the attached schedule,
with the information required by NCGS Subsection 55-6-01.
3. The street address and county of the initial registered office of the corporation is:
Number and Street: 211 Bethesda Court
City, State, Zip Code: Jacksonville, NC 28540
County: Onslow
4. The mailing address if different from the street address of the initial registered office
is:
5. The name of the initial registered agent is: James Maides.
6. Any other provisions which the corporation elects to include are attached.
7. The name and address of each incorporator is as follows: George L. Collins, 634 Court
Street, Jacksonville, NC 28540.
8. These articles will be effective upon filing, unless a date and/or time is specified.
This the 22nd day of March, 2002.
Georggk.Collins
Attorney at Law
Incorporator

M
A.
SOS I D: 0625295
Date Filed: 10/22/2004 11:40:00 AM
Elaine F. Marshall
North Carolina Secretary of State
2004 089 18436
CE"To091 Business Corporation u0thisfo,
01w CantbdNorth Carolina Annual Report R"
Lh ft Pal
umotcorpordon: CAROLINA SOUTH BUILDERS, INC
Stair of incorporation: NC Final Yar Etf4: 12 — 31-0 3
ucntary tt SSatr core. m Nurnmr. 625295 611409616
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Addrria: 125 Garnet Lane, Jacksonville, NC 28546
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Thomas Engineering, PA
403-C Airport Road
P. O. Box 1309, New Bern, NC 28563
252.637,2727 fax:[phone]
email: [e-mail]
To: Stormwater Management Section
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Bill Moore
Re: Stormwater Plan
Planters Ridge
Craven County
98037
Dear Bill,
RECE ED
.BAN 1 2 2005
DWQ-WARO
January 11, 2005
Please find enclosed the Stormwater Management Plan Submittal for the
referenced project for your approval. Enclosed items include the original Stormwater
Management Permit Application Form and one copy, two copies of the Wet Detention
Basin Supplement, and two copies each of the Stormwater Report and Plans. Also
attached is check # 5011 in the amount of $ 420.00.
If youjc�fluld have any questions or comments please do not hesitate to call.
Si
ohn G. Thomas, P.E.
Encl
CADocuments and Setting0ohn\My Documentsl11rojects198037A Planters Ridgc\GcneraMWM Ldoc