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HomeMy WebLinkAboutSW8031055_HISTORICAL FILE_20120330STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 0� to5 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS 5d HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE ZD f z 03 3b YYYYMMDD STATE OF NORTH CAROLINA Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 PILE ACCESS RECORD P1 DEQ SECTION: �`� r` J ''" REVIEW TI1 IE I DATE: NAIVIE: Q�Li✓ti EiV1AIL: �� g REPRESENTING: I`� PHONE✓ C(I — t �jry} Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files: Appointments will be scheduled between 9:00am and 3:00 m. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by. check, money order, or cash at the reception desk. PILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc, are permitted in the file review area. 5:. Necessary large plan copies can be scheduled with Cameron.Weaver@ticdenr.gov 919-796-7475 for a later date/time at an offsite location at your expense. Large plan copies needed should be attached on top of the file. Allways Graphics can be contacted to set up payment options. Written 'Questions may be left with this coibpleted. form and'a'staff nieinber will be''ii cons tact with you IF you provide your contact inf(irmation'where indicated above 6. fn accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY 2. 4 Signature and Name of Firm/Business Date Time In Time Out COPIES MADE �_ PAID INVOICE 0:/ADM/Shared/Fi1e Review Access Form rev 2018 ra Johnson, Kell From: Johnson, Kelly Sent: Wednesday, June 10, 2020 9:47 AM To: ryanbruff@atlanticbay.com Cc: Hall, Christine; Weaver, Cameron, Brigit Flora (Brigit.Flora@brunswickcountync.gov) Subject: FW: [External] Dock Installation - Wedgewood (SW8 031055) Mr. Bruff, I am an engineer with the North Carolina Division of Energy, Mineral and Land Resources (DEMLR), which is the group that administers the State Stormwater program and issues the State Stormwater permits for the ponds in your neighborhood. There is no prohibition on installing fishing docks on the State Stormwater pond if it will be a standard wooden dock without impervious surfaces (such as concrete) and without a roof. If you have further questions, please let me know. Thanks, Kelly 'Ji0h t'sow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7343 E-moil correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weaver, Cameron Sent: Tuesday, June 9, 2020 9:05 AM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Subject: FWD [External] Dock installation - Hi Kelly This subdivision is in Leland but has an existing permit with us. Assume it will be an exemption if dock is considered pervious. Cameron Weaver Environmental Assistance Coordinator NCDEQ-Wilmington Regional office 127 Cardinal Drive Ext. Wilmington NC 28405 910-796-7265 Cameron.Weaver@ncdenr.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging time. From: Brigit Flora < Brigit. Flora@brunswickcountync.gov> Sent: Tuesday, June 9, 2020 8:55 AM To: Ryan Bruff <ryanbr_uff@atlanticbay.com> Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov> Subject: RE: [External] Dock installation - Ryan — Wedgewood is in Leland's jurisdiction. You may also want to contact Leland Building Inspections just to make sure a permit would not be required from them. Thanks. Brigit Flora, PE, CFM Stormwater Engineer/Administrator Brunswick County Engineering Department 910-253-2405 From: Weaver, Cameron <cameron.weaver@ncdenr.gov> Sent: Monday, June 8, 2020 4:14 PM To: Ryan Bruff <ryanbruff@atlanticbay.com> Cc: Brigit Flora <BriRit.Flora@brunswickcountync.gov> Subject: RE: [External] Dock Installation - CAUTION: This email originated from outside of Brunswick County Government. Do not click finks or open attachments unless you recognize the sender and know the content is safe. Mr. Bruff. I've discovered that the pond is a State -regulated SW treatment device, and Wedgewood Subdivision 5W8031055 is permitted by our Division of Land Resources. There are stipulations about what is allowed in each permit. You should contact KelIy.P.Johnson@ncdenr.gov or 910-796-73 to discuss what allowable activities are regarding the pond. Attached is an unsigned copy of the most recent permit and you should be working directly with your HOA. Let me know of other ways I may assist. Cameron Cameron Weaver Environmental Assistance Coordinator NCDEQ-Wilmington Regional Office 127 Cardinal Drive Ex Wilmington NC 28405 910-796-7265 Cameron.Weaver@ncdenr.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQoffice locations are limiting public access to appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging time. From: Ryan Bruff <ryanbruff@atlanticbay.com> Sent: Monday, June 8, 2020 3:45 PM To: MacPherson, Tara <tara.macpherson@ncdenr.Bov> Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov>; Brock, Brendan O <brendan.brock@ncdenr.gov> Subject: RE: [External] Dock Installation Are you able to provide me with a contact I can reach out to? I am having a hard time finding a path to move forward. Ryan Bruff Attantic Bay. f',w.� Crwp Senior Mortgage Banker [atlanticbay.comj NMLS #907479, Licensed in NC & SC 1712 Eastwood Road, Suite 210, Wilmington, NC, 28403 Office: 910-762-0129 x 5285 1 Mobile: 910-599-3427 1 Fax: 855-682-6502 ryanbruff@atlanticbay.com I www.RyanBruff.com fryanbruff.coml �r(01 (apply.atlanticbay.coml (Dfacebook.com linkedin.com From: MacPherson, Tara <tara.macpherson@ncdenr.gov> Sent: Monday, June 8, 2020 3:43 PM To: Ryan Bruff <r anbruff atlanticba .com> Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov>; Brock, Brendan O <brendan.brock ncdenr. ov> Subject: RE: [External] Dock Installation Hi Mr. Bruff, DCM does not have jurisdiction over freshwater retention ponds. I would try to contact Brunswick County or the Town of Leland for guidance. Thanks, Tara Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara.mac herson ncdenr. ov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Ryan Bruff <ryanbruff2atlanticbay.com> Sent: Monday, June 8, 2020 2:26 PM To: Weaver, Cameron <cameron.weaver@ncdenr.gov> Subject: [External] Dock Installation Hi Cameron, My name is Ryan Bruff and I own a home located at 1012 Slater Way, Leland, NC 28451. There is a retention pond in my back yard. There are 3 docks that I can see from my back yard installed in this pond and I would like to install one as well. I am having a tough time figuring out how to get a permit for a dock. Are you able to give me any insight or direction how to go about the process of installing a dock. Nothing Major, like 12' by 12' for fishing. Thank You Ryan Bruff Senior Mortgage Banker NMLS #907479, Licensed in NC & SC Atlantic t•ndi.,P-- fMid [atlanticbay.coml f linkprotect.cudasvc.com] 1712 Eastwood Road, Suite 210, Wilmington, NC, 28403 Office: 910-762-0129 x 5285 1 Mobile: 910-599-3427 1 Fax: 855-682-6502 ryanbruff@atlanticbay.com I www.RyanBruff.com jryanbruff.com]rlinkprotect.cudasvc.comj [apply.atlanticbay.com] ©ffacebook.coml 6)[linkedin.coml [linkprotect.cudasvc.coml [linkprotect.cudasvc.coml [linkprotect.cudasvc.com] This message and any attachments are solely for the intended recipient and may contain confidential or privileged information. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is prohibited. If you have received this communication in error, please notify us by reply e-mail and immediately and permanently delete this message and any attachments. Atlantic Bay Mortgage Group, L.L.C. NMLS 472043 (www.nmisconsumeraccess.org jlinkprotect.cudasvc.comj) is an Equal Opportunity Lender. Johnson, Kelly From: Johnson, Kelly Sent: Friday, January 11, 2019 155 PM To: 'David Hollis' Cc: Sams, Dan; Georgette Scott; Brown, Creighton A Subject: Leland Stormwater (Magnolia Greens, Parkview at Brunswick Forest, Wedgewood, and Lanvale Trace) Attachments: NCDEQ Letter Parkview-Wedgewood _Lanvale Trace Regarding Stormwater Perrmi.... pdf; NCDEQ Letter Magnolia Greens Stormwater Permit Compliance_2018_10_15.pdf David, We received the two attached letters from Brenda Bozeman just before Christmas. She is asking about flooding and stormwater concerns in Magnolia Greens, Parkview at Brunswick Forest, Wedgewood, and Lanvale Trace. Our inspector spent most of the day in these subdivisions trying to work through these issues, and will return next week. It is a pretty big undertaking. Could you elaborate on the specific areas of concern? Is there a specific location and/or issue within each permit that is of interest? All of the projects in question have been certified by engineers to have been constructed per the plan. But, there could be maintenance issues. One of the letters asks about the large lake in Magnolia Greens (SW8 000220) which the Town had Cape Fear Engineering study last year. The drawdown mechanism for the pond is golf course irrigation. It is designed as a non - discharge system. The weir is only in place to lower the pond before large rain events. They likely didn't irrigate as much in 2018 given all the rain we received, and so the water hasn't drawn down. If the permittee/HOA would like to modify the design, then they can apply to modify the permit to an alternate configuration. tf you could direct us to the specific other areas that need to be inspected in these subdivisions that would be helpful. Thanks, and have a great weekend. Kelly I-e-eLLUi Del Vus0 vL Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7331 E-mail correspondence to and from this address moy be subject to the North Carolina Public Records Law and may be disclosed to third parties. r fi�o 102 Toum Hall Drive - Leland, North Carolina 28451 (910) 371-0148 - Fax (910) 371-1073 October 15, 2018 Jim Gregson Regional Supervisor, Water Resources, Water Quality Regional Operations Section NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, INC 28405-1651 '''r RE: Leland Subdivision Stormwater Permits Mr. Gregson, In response to requests from citizens concerned about stormwater and flooding in their neighborhoods, the Town requests that NCDEQ work with the responsible parties to review and determine if existing infrastructure is in compliance with existing state stormwater permits for the following subdivisions: Parkview Subdivision (Brunswick Forest): SW8 50528 Wedgewood Subdivision: SW8`031055 r Lanvale Trace Subdivision: SW8 110903 Thank you for considering this request and please feel free to contact Town Manager David Hollis with any questions. Sincere4y,'___._„� 4 { Brenda Bozemah-' Mayor Brenda Bozeman Mayor Pat Batleman Mayor Pro Tern Michael Callahan Councilmember Bob Corriston Bob Campbell David A. Hollis Councilmember Councilmember Town Manager Johnson, Kelly From: Johnson, Kelly Sent: Friday, December 21, 2018 10:44 AM To: Sams, Dan; Scott, Georgette Cc: Lewis,Linda; Hall, Christine; Pusey, Steven Subject: RE: [External] Leland Inquiry I pulled these five files. Three of them have no recent complaints, and have been certified. Christine issued a compliant inspection for another one this week, and there are emails with Linda with the final one, but it doesn't appear to be an issue. Let's regroup after the holidays. All of the files are on the floor in my office. Ki From: Sams, Dan Sent: Thursday, December 20, 2018 5:18 PM To: Scott, Georgette <georgette.scott@ncdenr.gov> Cc: Lewis,Linda <linda.lewis@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Johnson, Kelly <kelly.p.johnson@ncdenr.gov>; Pusey, Steven <steven.pusey@ncdenr.gov> Subject: FW: [External] Leland Inquiry Georgette: I don't know if this is a situation to which one of the engineers is up-to-date, but if not we may need to investigate to see if something other than a 100+ inches of rain over the past calendar year is to blame for the inability to drain within the 2-5 day timeframe. Thanks dan Division of Energy, Mineral, and Land Resources — Land Quality Section Department of Environmental Quality 910-796-7215 dan.sams@ncdenr.Rov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lucas, Annette Sent: Thursday, December 20, 2018 5:07 PM To: Sams, Dan <dan.sams@ncdenr.Rov> Cc: Smith, Danny <danny.smith@ncdenr.gov>; Vinson, Toby <toby.vinson@ncdenr.gov> Subject: FW: [External] Leland Inquiry Da n, Danny has asked that I forward this to you for you all to investigate. Please let Danny, Toby and me know when you have a chance to look into it. Thanks, Annette From: Smith, Danny Sent: Sunday, December 16, 2018 11:00 AM To: Lucas, Annette <annette.lucas@ncdenr.gov> Cc: Smith, Danny <danny.smith@ncdenr.gov> Subject: FW: [External] Leland Inquiry Hey Annette — Let discuss this when you get back into the office. I want to make sure we have contacted the Assistant Town Manager and the R0. Thanks Danny Danny Smith, Interim Director Division of Energy, Mineral and Land Resources E-Mail: dann .smith ncdenr. ov 1612 Mail Service Center Raleigh, North Carolina 27699 From: Gregson, Jim Sent: Thursday, December 06, 2018 2:54 PM To: Smith, Danny <danny.smith@ncdenr.goy> Subject: FW: [External] Leland Inquiry Jim (�regson Deputy Director Division of Water Resources Department of 1'-nvironment.al Quality 1611 \Mail Service Center Raleigli, AC 27699-161 1 919.707,9147 IDircct Jitn.gregson ab.ncdenr.gov 0 E mail correspondence to and from this address is subject to the No,-th Carolina Public Recoi-ds Law crud may be disclosed to third parties. 2 From: Niel Brooks <nbrooks@townofleland,com> Sent: Thursday, December 06, 2018 8:42 AM To: Gregson, Jim <lim,gregson@ncdenr.gov> Subject: �Externalj Leland Inquiry o External email Do°not'click links or open attachments unless verified Send all suspic�aus email as an attachment to _ "•H' 3�':wy� .� Ar. Y r,�.. �r r x� r� a +s rt x . o l • S`, �, M1 .., �r r s, v -�.�sw v n c: w �- `—�s kI"�* N,lr, Grcgson; In October, the "Town of' Leland sent two letters (attached) inquiring about siormwater compliance issues ill Leland. 1 am not aware of'any formal response fi-om to these requesiS. Can you please update me Oil the status of'these requests so l e�tn update our N,layor and Town Council? "Thanks! -Niel Brooks Assistant Town N-1anagcr Town of Leland 102 Town Hall Ur. Leland, AC 2845 l Direct: (910) 3 32-4818 Mobile: (910) 512-3728 w,,N7,,N,.to\vtiofleland.com ,411 messages sett la or f cm This e-wail accowif are sribjecl to the ,vC public records law. 3 > -w A ' ^� 1Uwn of e an GTCv?Mg om tannr.. NourLNng mu 102 Town Hal! Drive - Leland, North Carolina 28451 (910) 371-0148 - Fax (910) 371-1073 October 15, 2018 Jim Gregson Regional Supervisor, Water Resources, Water Quality Regional Operations Section NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405-1651 RE: Leland Subdivision Stormwater Permits Mr. Gregson, In response to requests from citizens concerned about stormwater and flooding in their neighborhoods, the Town requests that NCDEQ work with the responsible parties to review and determine if existing infrastructure is in compliance with existing state stormwater permits for the following subdivisions: Parkview Subdivision (Brunswick Forest): SW8 50528 Wedgewood Subdivision•-SW8 031055 Lanvale Trace Subdivision: SW8 110903 Thank you for considering this request and please feel free to contact Town Manager David Hollis with any questions. Sincerely, Brenda Bozemafr Mayor Brenda Bozeman Mayor Bob Coniston Co,=c,l:member \5 t` DEC 2 0 2018 by — Pa-i Ba:ieman Michael Callahan Mayor No Tern cm:ncil,T,ember Bob Caripbeil David .k. Hollis Counciimcmbcr Town Manager Johnson, Kelly From: Sams, Dan Sent: Thursday, December 20, 2018 5:18 PM To: Scott, Georgette Cc: Lewis,Linda; Hall, Christine; Johnson, Kelly; Pusey, Steven Subject: FW: [External] Leland Inquiry Attachments: NCDEQ Letter Magnolia Greens Stormwater Permit Compliance_2018_10_15.pdf, NCDEQ Letter Parkview_Wedgewood_Lanvale Trace Regarding Stormwater Permit Compliance_2018_10_15.pdf Georgette: I don't know if this is a situation to which one of the engineers is up-to-date, but if not we may need to investigate to see if something other than a 100+ inches of,rain over the past calendar year is to blame for the inability to drain within the 2-5 day timeframe. Thanks dan Division of Energy, Mineral, and Land Resources — Land Quality Section Department of Environmental Quality 910-796-7215 dan.sams@ncdenr.gov !'Nothing Compares.-_-. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lucas, Annette Sent: Thursday, December 20, 2018 5:07 PM To: Sams, Dan <dan.sams@ncdenr.gov> Cc: Smith, Danny <danny.smith@ncdenr.gov>; Vinson, Toby <toby.vinson@ncdenr.gov> Subject: FW: [External] Leland Inquiry Dan, Danny has asked that I forward this to you for you all to investigate. Please let Danny, Toby and me know when you have a chance to look into it. Thanks, Annette From: Smith, Danny Sent: Sunday, December 16, 2018 11:00 AM To: Lucas, Annette <annette.lucas@ncdenr.gov> Cc: Smith, Danny <danny.5mith2ncdenr.gov> Subject: FW: [External] Leland Inquiry Hey Annette — Let discuss this when you get back into the office. I want to make sure we have contacted the Assistant Town Manager and the RO. Thanks Danny Danny Smith, Interim Director Division of Energy, Mineral and Land Resources E-Mail: dannV.smith(cDncdenr.gov 1612 Mail Service Center Raleigh, North Carolina 27699 From: Gregson, Jim Sent: Thursday, December 06, 2018 2:54 PM To: Smith, Danny <danny.smith@ncdenr.gov> Subject: FW: [External] Leland Inquiry .Tim Gregson Deputy Director Division of Water 1Zcsources Department of' I nvironrnental Quality 161 1 Mail Serv1cc Center Raleigh, \'C 27699-161 1 919.707.9147 Direct J1 n.gregsort(a)ncdenr.�,,oN x Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Niel Brooks <nbrooks@townofleland.com> Sent: Thursday, December 06, 2018 8:42 AM To: Gregson, Jim <jim.gregson@ncdenr.gov> Subject: [External] Leland Inquiry %1r. Gregson; 11 a In October, the Town of Leland sent t%vo ictters (attached) inquiring about stormwater compliance issues in Deland. l am not aware of any formal response from ;NCDI Q to these requests. Can you please update me on the status of these requests so I can update our Nlayor and Town Council? "Thanks! Niel Brooks Assistant '['own N-lanager `I'oWn of Leland 102 Town Hall Dr. Leland. NC 28451 Direct.: (910) 332-4818 klobile: (910) 512-3728 Nvww.townolleland.c All messages sent to or from this e-mail account are subject to the NC public records law. A MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 10, 2015 Mr. D.I. Logan, President Lanvale Owners Association 60 Gregory Rd, Suite 1 Beiville, NC 28451 Subject: Permit Correction Wedgewood Stormwater Permit No. SW6 031055 Brunswick County Dear Mr. Logan: Donald van der Vaart Secretary Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older -stormwater permits issued"priorto August 1, 2013 until they are -modified. -Please-note that this letter(permit) references DEMLR as the Division responsible for issuance of the permit. The Wilmington Regional Office issued the subject project a permit on March 30, 2012 and recently discovered it contained an error. This permit correction is to clarify the impervious area per lot. The previous version of the permit did not clearly explain that there are two phases, and that the two phases' impervious area is specified as follows: 1, Phase 1: 108 lots, each allowed a maximum of 3,200 square feet of impervious area. 2. Phase 2: 145 lots, each allowed a maximum square footage of impervious area as shown in Attachment A. This project is subject to the conditions and limitations as specified in the corrected permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, certification of the project, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be fled with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the fling fee (if a filing fee is required) and/or the details of the fling process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431- 3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, need additional copies of the permit or approved plans, please contact Kelly Johnson with DEMLR in the Wilmington Regional Office at (910) 796-7215. Sincer ly, Tracy Davis, .E., Director Division of Energy, Mineral and Land Resources GDS/kpj: 111StormwaterlPermits & Projects120031031055 HD12015 09 permit correction 031055 cc: Inspector, Brunswick County Building Insppections Wilmington Regional Office Stormwater Fiie Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-72151 Fax: (910) 350-2004 State Stormwater Management Systems Permit No. SW8 031055 1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Lanvale Owners Association Wedgewood Lanvale Road, Brunswick 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 Energy, Mineral and Land Resources and considered a part of this permit. This permit shall be effective from the date of issuance until October 25, 2020 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. Phase I of the subdivision is permitted for 108 lots, each allowed a maximum of 3,200 square feet of built -upon area. Phase 2 is permitted for 145 lots, each allowed a maximum square footage of built -upon area as specified in Attachment A. 3. Approved plans and specifications for this project are incorporated by reference and are enforceabie parts of the permit. 4. This pond must be operated with a 30' vegetated filter. Page 2 of 10 State Stormwater Management Systems Permit No. SW8 031055 5 The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a Q Drainage Area, acres: Onsite, ft2: Offsite, ft2: Total Impervious Surfaces, ft2: Phase 1 108 Lots at 3,200 ft2: Phase 11 Lots at (see table) ft2: Roads/Parking, ft2: Sidewalks, ft2: Amenity Center, ft2: Pond Depth, feet: TSS removal efficiency: Design Storm: Permanent Pool Elevation, FMSL: Permitted Surface Area @PP, ft2: Permitted Storage Volume, ft3: Storage Elevation, FMSL: Controlling Orifice: Permanent Pool Volume, ft3 : Forebay Volume, ft3: Maximum Fountain Horsepower: Receiving Stream 1 River Basin: Stream Index Number: Classification of Water Body: 11. SCHEDULE OF COMPLIANCE 71.14 3,366,208 None 1,122, 824 345,600 458,800 292,723 10,019 15,682 10 90% 1 24 97,878 210,658 26 6"0 pipe 584,483 123,891 2 Jackey's Creek / Cape Fear 18-77-3 "C ; Sw" No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Energy, Mineral and Land Resources, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. Page 3 of 10 State Stormwater Management Systems Permit No. SW8 031055 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. 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. 7. 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. 8. 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. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system .installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 11. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 12. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Page 4 of 10 State Stormwater Management Systems Permit No. SW8 031055 13. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance. must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and 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. 14. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 15. 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. 16. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 031055MOD, as issued by the Division of Energy, Mineral and Land Resources 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 Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral, and Land Resources. f. The maximum built -upon area per lot is 3,200 square feet for Phase I. For Phase II maximum BUAllot is listed in Attachment A. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the fight -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. Page 5 of 10 State Stormwater Management Systems Permit No. SW8 031055 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 18. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 19. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 2. 20. 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 Energy, Mineral and Land Resources 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 DEMLR. 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 Energy, Mineral and Land Resources, 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 6 of 10 State Stormwater Management Systems Permit No. SW8 031055 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 DEMLR 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 corrected and re -issued this the 10th day of September 2015 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Energy, eraI and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 031055MOD Page 7 of 10 State Stormwater Management Systems Permit No. SW8 031055 Wedgewood Page 1 of 2 Stormwater Permit No. SW8 031055MOD Brunswick County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (period icallylweeklylfull time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 8 of 10 State Stormwater Management Systems Permit No. SW8 031055 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. fi. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. .11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. .13. All required design depths are provided. _14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. .15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DEMLR Regional Office Brunswick County Building Inspections Page 9 of 10 State Stormwater Management Systems Permit No. SW8 031055 Attachment A — See Separate Excel File . Page 10 of 10 Attachment A - SW8 031055: Wedgewood at Lanvale - PHASE II IMPERVIOUS AREA PER LOT (PHASE I is 3,200sf/lot per B2008 P473) September 10, 2015 - Permit Correction for Phase II Lot # Notarized Deed Restrictions (With Application for 4/16/08.Permit) ` Permit Text (4/16/08 & 5/1/08 Correction) Revised Permit Text (3/30/12 & 9/10/15) 1 3,150 3,150 3,150 B2742 P0364 2/15/2008 21 3,150 3,150 3,150 B2742 P0364 2/15/2008 3 3,150 3,150 3,150 B2742 P0364 2/15/2008 4 3,150 3,150 3,150 82742 P0364 2/15/2008 5 3,150 3,150 3,150 B2742 P0364 2/15/2008 6 3,150 3,150 3,150 82742 P0364 2/15/2008 71 3,150 3,150 3,150 82742 P0364 2/15/2008 8 3,150 3,150 3,150 B2742 P0364 2/15/2008 9 3,150 3,150 3,150 B2742 P0364 2/15/2008 10 3,150 3,150 3,150 B2742 P0364 2/15/2008 11 31150 3,150 3,150 B2742 P0364 2/15/2008 121 3,150 3,150 3,150 82742 P0364 2/15/2008 13 3,150 3,150 3,150 B2742P0364 2/15/2008 14 3,150 3,150 3,150 B2742 P0364 2/15/2008 15 2,950 2,950 2,950 B2742 P0364 2/15/2008 16 2,950 2,950 2,950 B2742 P0364 2/15/2008 171 2,950 2,950 2,950 B2742 P0364 2/15/2008 18 21950 2,950 2,950 B2802 P1039 6/9/2008 19 2,950 2,950 2,950 B2802 P1039 6/9/2008 20 2,950 _ 2,950 2,950 B2802 P1039 6/9/2008 21 2,950 2,950 2,950 B2802 P1039 6/9/2008 221 2,950 2,950 2,950 B2802 P1039 6/9/2008 23 2,950 2,950 2,950 B2802 P1039 6/9/2008 24 2,950 2,950 2,950 B2802 P1039 6/9/2008 25 2,950 2,950 2,950 B2802 P1039 6/9/2008 26 2,950 2,950 2,950 B2802 P1039 6/9/2008 27 2,950 2,950 2,950 62802 P1039 6/9/2008 28 2,950 2,950 2,950 B2802 P1039 6/9/2008 29 2,950 2,950 2,950 B2802 P1039 6/9/2008 30 2,950 2,950 2,950 B2802 P1039 6/9/2008 31 2,950 2,950 2,950 B2802 P1039 6/9/2008 32 2,950 2,950 2,950 B2802 P1039. 6/9/2008 33 2,950 2,950 2,950 B2802 P1039 6/9/2008 34 2,950 2,950 2,950 B2802 P1039 6/9/2008 35 21950 2,950 ' 2,950 B2802 P1039 6/9/2008 36 2,950 2,950 2,950 B2802 P1039 6/9/2008 37 2,950 2,950 2,950 B2802 P1039 6/9/2008 38 21950 2,950 2,950 B2802 P1039 6/9/2008 39 2,950 2,950 2,950 B2802 P1039 6/9/2008 40 21950 2,950 2,950 B2802 P1039 6/9/2008 41 2,950 2,950 2,950 B2802 P1039 6/9/2008 42 2,950 2,950 2,950 B2802 P1039 6/9/2008 43 2,950 2,950 2,950 B2802 P1039 6/9/2008 44 2,950 2,950 2,950 B2802 P1039 6/9/2008 45 2,950 2,950 2,9501 B2802 P1039 6/9/2008 46 2,950 2,950 2,950 B2802 P1039 6/9/2008 47 2,950 21950 2,950 B2802 P1039 6/9/2008 48 2,950 2,950 2,950 B2742 P0364 2/15/2008 49 2,950 2,950 2,950 B2742 P0364 2/15/2008 50 2,950 2,950 2,950 B2742 P0364 2/15/2008 Page 1 of 3 Attachment A - SW8 031OSS: Wedgewood at Lanvale - PHASE II IMPERVIOUS AREA PER LOT (PHASE I is 3,200sf/lot per B2008 P473) September 10, 2015 - Permit Correction for Phase II Lot i# Notarized Deed Restrictions (With Application for 4/16/08 Permit) Permit Text (4/16/08 & 5/1/08 Correction) , Revised Permit Text (3/30/12 & 9/10/15) 51 3,150 3,150 3,150 B2742 P0364 2/15/2008 521 3,150 3,150 3,150 B2742 P0364 2/15/2008 53 3,150 3,150 3,150 B2742 P0364 2/15/2008 54 3,150 3,150 3,150 B2742 P0364 2/15/2008 55 3,150 3,150 3,150 B2742 P0364 2/15/2008 56 3,150 3,150 3,150 B2742 P0364 2/15/2008 S71 3,150 3,150 3,150 82742 P0364 2/15/2008 58 3,150 3,150 3,150 B2742 P0364 2/15/2008 59 3,150 3,150 3,150 82742 P0364 2/15/2008 60 3,150 3,150 3,150 B2742 P0364 2/15/2008 61 3,150 3,150 3,150 B2742 P0364 2/15/2008 62 3,150 3,150 3,150 B2742 P0364 2/15/2008 63 3,150 3,150 3,150 B2742 P0364 2/15/2008 641 3,150 3,150 3,150 82742 P0364 2/15/2008 65 3,150 3,150 3,150 82742 P0364 2/15/2008 66 3,150 3,150 3,150 82742 P0364 2/15/2008 67 3,150 3,150 3,150 B2742 P0364 2/15/2008 68 3,150 3,150 3,150 82742 P0364 2/15/2008 691 3,150 3,150 3,150 82742 P0364 2/15/2008 70 3,150 3,150 3,150 62742 P0364 2/15/2008 71 3,475 3,475 3,475 B2742 P0364 2/15/2008 72 3,223 3,223 3,223 B2742 P0364 2/15/2008 73 31475 3,475 3,475 B2742 P0364 2/15/2008 74 3,223 3,223 3,223 B2742 P0364 2/15/2008 75 3,475 3,475 3,475 82742 P0364 2/15/2008 76 3,223 3,223 3,223 82742 P0364 2/15/2008 77 3,475 3,475 3,475 82742 P0364 2/15/2008 78 3,223 3,223 3,223 B2742 P0364 2/15/2008 79 3,475 3,475 3,475 82742 P0364 2/15/2008 80 3,223 3,223 3,223 B2742 P0364 2/15/2008 81 31475 3,475 3,475 B2742 P0364 2/1572008 82 3,223 3,223 3,223 82742 P0364 2/15/2008 83 31475 3,475 3,475 B2742 P0364 2/15/2008 84 3,223 3,223 3,223 82742 P0364 2/15/2008 85 3,475 3,475 3,475 82742 P0364 2/15/2008 86 3,223 3,223 3,223 B2742 P0364 2/15/2008 87 31475 3,475 3,475 82742 P0364 2/15/2008 88 3,223 3,223 3,223 B2742 P0364 2/15/2008 89 3,475 3,475 3,475 B2742 P0364 2/15/2008 90 3,223 3,223 3,223 B2742 P0364 2/15/2008 911 3,475 3,475 3,475 B2742 P0364 2/15/2008 92 3,223 3,223 3,223 B2742 P0364 2/15/2008 93 3,475 3,475 3,475 82742 P0364 2/15/2008 94 3,223 3,223 3,223 B2742 P0364 2/15/2008 95 3,475 3,475 3,475 B2742 P0364 2/15/2008 96 31223 3,223 3,223 B2742 P0364 2/15/2008 97 3,475 3,475 3,475 82742 P0364 2/15/2008 98 3,2231 3,223 3,223 B2742 P0364 2/15/2008 99 3,3001 3,3001 3,300 B2742 P0364 2/15/2008 Page 2 of 3 Attachment A - SW8 031055: Wedgewood at Lanvale - PHASE II IMPERVIOUS AREA PER LOT (PHASE I is 3,200sf/lot per B2008 P473) September 10, 2015 - Permit Correction for Phase II Lot # Notarized:Deed Restrictions (With Application for 4/16/08 Permit). Permit Text (4/16/08 & 5/1/08 Correction) Revised Permit Text (3/30/12A 9/10/15) 100 3,223 3,223 3,223 B2742 P0364 2/15/2008 1011 3,150 3,150 3,150 B2742 P0364 2/15/2008 1021 3,150 3,150 3,150 B2742 P0364 2/15/2008 103 3,150 31150 3,150 B2742 P0364 2/15/2008 104 3,150 3,150 3,150 B2742 P0364 2/15/2008 105 3,150 3,150 3,150 B2742 P0364 2/15/2008 106 3,150 3,150 3,150 B2742 P0364 2/15/2008 1071 3,150 3,150 3,150 B2742 P0364 2/15/2008 108 3,150 3,150 3,150 B2742 P0364 2/15/2008 109 3,150 3,150 3,150 B2742 P0364 2/15/2008 110 3,150 3,150 3,150 B2742 P0364 2/15/2008 111 3,150 3,150 3,150 B2742 P0364 2/15/2008 112 3,150 3,150 3,150 B2742 P0364 2/15/2008 113 3,150 3,150 3,150 B2742 P0364 2/15/2008 114 3,150 3,150 3,150 B2742 P0364 2/15/2008 115 3,150 3,150 3,150 B2742 P0364 2/15/2008 116 3,150 3,150 3,150 B2742 P0364 2/15/2008 117 3,150 3,150 3,150 B2742 P0364 2/15/2008 118 3,150 3,150 3,150 B2742 P0364 2/15/2008 119 3,150 3,150 3,150 B2742 P0364 2/15/2008 120 3,150 3,150 3,150 B2742 P0364 2/15/2008 121 3,150 3,150 3,150 B2742 P0364 2/15/2008 122 3,150 3,150 3,150 B2742 P0364 2/15/2008 123 3,150 3,150 3,150 B2742 P0364 2/15/2008 1241 3,150 3,150 3,150 B2742 P0364 2/15/2008 125 3,150 3,150 3,150 B2742 P0364 2/15/2008 126 3,150 3,150 3,150 B2742 P0364 2/15/2008 127 3,150 3,150 3,150 B2742 P0364 2/15/2008 128 3,150 3,150 3,150 B2742 P0364 2/15/2008 1291 3,475 3,475 3,475 B2742 P0364 2/15/2008 130 3,223 3,223 3,223 B2742 P0364 2/15/2008 131 3,475 3,475 3,475 B2742 P0364 2/15/2008 132 3,223 3,223 3,223 B2742 P0364 2/15/2008 133 3,475 3,475 3,475 B2742 P0364 2/15/2008 1341 3,223 3,223 3,223 B2742 P0364 2/15/2008 135 3,475 3,475 3,475 B2742 P0364 2/15/2008 136 3,223 3,223 3,223 B2742 P0364 2/15/2008 137 3,475 3,475 3,475 B2742 P0364 2/15/2008 138 3,224 3,224 3,224 B2742 P0364 2/15/2008 1391 3,475 3,475 3,475 B2742 P0364 2/15/2008 140 3,223 3,223 3,223 B2742 P0364 2/15/2008 141 3,475 3,475 3,475 B2742 P0364 2/15/2008 142 3,223 3,223 3,223 B2742 P0364 2/15/2008 143 3,475 3,475 3,475 B2742 P0364 2/15/2008 144 3,223 3,223 3,223 B2742 P0364 2/15/2008 1451 34201 3,420 3,420 B2742 P0364 2/15/2008 Total: 458,800 458,800 458,800 Page 3 of 3 STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 FILE ACCESS RECORD SECTION }r� �/+ Il- TIME/DATE-- NAME— REPRESENTING L7 Guidelines for,Access. The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00arn and 3:00pm. Viewing time ends at 4ASpm. kn one arriving withoui an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Pa_ment malbe made by check, money order, or cash at the reception desk. Copies totaling $5.00 or more can be invoiced for your eonvenience. 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $50U0. No briefcases large totes etc. are permitted in the file review area. 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected. for checks on which payment has been refused. FACILITY COUNTY 2. 3. Signature and Name of Firm/Business Date Time In Time Out Please attach a business card to this form . COPIES MADE _ - PAID _ , ]NV010E S:Admin.fde access HC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary March 30, 2012 Mr. D.I. Logan, President Lanvale Owners Association 60 Gregory Rd, Suite 1 Belville, NC 28451 Subject: Name Change 1 Ownership Change, Permit Correction & Extension Wedgewood Stormwater Permit No. SW8 031055 Brunswick County Dear Mr. Logan The subject permit has been transferred, the expiration date has been extended, and the permit text has been corrected. Permit Transfer: On March 19, 2012, the Wilmington Regional Office received a request to transfer the ownership of the Stormwater Management Permit for the subject project. Staff of the Division of Water Quality have inspected the project, determined that the documentation is in order, and the project is in compliance with the Stormwater permit requirements. As indicated on the Name/Ownership Change form, you have acknowledged receipt of a copy of the permit, which includes the application and supplement forms, a copy of the approved plans and a copy of the required Operation and Maintenance agreement from the previous permittee. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. If you need additional copies of the permit, or copies of the approved plans, please contact the Division of Water Quality in the Wilmington Regional Office at the phone number below. For your records, please find enclosed the updated permit, a copy of the inspection report, and a copy of the Name/Ownership Change form submitted on March 19, 2012. Please be aware that the project's built -upon area and stormwater controls must be built and maintained in compliance with the permit documents and the approved plans. Maintenance of the approved system shall be performed in accordance with the signed Operation and Maintenance agreement. Any modifications to this project must be submitted to the Division of Water Quality and approved prior to construction, The issuance of this approval does not preclude you from complying with all other applicable statutes, rules, regulations or ordinances, which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. Permit Extension: On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that was set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years extension. The Division is hereby notifying you that permit SW8 031055 shall be effective until October 25, 2020, which includes the permit extension, Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796.72151 FAX: 910.350-20041 DENR Assistance: 1.877-623-6748 NorthCarolina IRtemet: www.ncwaterquality.org j/ ' Vatu wlly An Equal Opportunity 4 Atfrmalive Action Employer L ii" Permit Correction: During the inspection, a typo was discovered in the permit text. Lots 128 and 70 in Phase II were not listed in the deed restrictions in the permit text. However, these lots did appear as having impervious allocations of 3,150 square feet per lot in the supporting calculations for the project design as well as in the recorded deed restrictions for the subdivision. A summary of the corrected impervious allocations is enclosed. This summary will replace the summary listed in the previous permits. If you have any questions concerning the requirements of the permit, please do not hesitate to call Kelly Johnson or meat (910) 796-7215. Si erely, ,�� CharlejV&Xapkild, P.E., Director Division of Water Quality CWIGDSI kpj:S:IWQSIStormwater\Permits & Projects120031031055 HD12012 03 permit 031055 enc: Copy of the updated permit Copy of the compliant inspection report dated March 30, 2012 Copy of the Name/Ownership Change form submitted on March 19, 2012 Permit Correction, impervious area per lot summary cc: D. Logan, Managing Member, WDB Developers, LLC Scott Kennedy, Cape Fear Engineering Wilmington Regional Office Stormwater File Page 2 of' 2 State Stormwater Management Systems Permit No. SW8 031055MOD STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable taws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Lanvale Owners Association Wedgewood Lanvale Road, Brunswick 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 "stormwa ter 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 October 25, 2020 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 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. Phase l of the subdivision is permitted for 108 lots, each allowed a maximum of 3,200 square feet of built -upon area. See Attachment A for a summary of impervious area per lot. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. This pond must be operated with a 30' vegetated filter. Page 3 of 10 State Stormwater Management Systems Permit No. SW8 031055MOD 5. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. KI L C. d. e. f. 9. h. i�. k. 1. m n. o. P. Drainage Area, acres: Onsite, ft 2: Offsite, ft2: Total Impervious Surfaces, ft2: Phase 1 108 Lots at 3,200 ft2: Phase II Lots at (see table) ft2: Roads/Parking, ft2: Sidewalks, ft2: Amenity Center, ft2: Pond Depth, feet: TSS removal efficiency: Design Storm: Permanent Pool Elevation, FMSL: Permitted Surface Area @PP ft2: Permitted Storage Volume, fts: Storage Elevation, FMSL: Controlling Orifice: Permanent Pool Volume, ft3 Forebay Volume, ft3: Maximum Fountain Horsepower. - Receiving Stream 1 River Basin: Stream Index Number: Classification. of Water Body: II. SCHEDULE OF COMPLIANCE 71.14 3,366,208 N one 1,122,824 345,600 458,800 292,723 10,019 15,682 10- 90% 1 24 97,878 210,658 26 6"0 pipe 584,483 123,891 2 Jackey's Creek 1 Cape Fear 18-77-3 "C.Sw" No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. Page 4 of 10 State Stormwater Management Systems Permit No. SW8 031055MOD 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. 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. 7. 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. 8. 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. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 11. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 12. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Page 5 of 10 State Stormwater Management Systems Permit No. SW8 031055MOD 13. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and 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. 14. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 15. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 16. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 031055MOD, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is 3,200 square feet for Phase I. For Phase II maximum BUAllot is listed in Attachment A. 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. 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. Page 6 of 10 State Stormwater Management Systems Permit No. SW8 031055MOD 18. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required_ 19. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away frorr 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 2. 20. 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. 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. Page 7 of 10 State Stormwater Management Systems Permit No. SW8 031055MOD 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 30'h day of March 2012. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION uivision of water uuaiity By Authority of the Environmental Management Commission Permit Number SW8 031055MOD Page 8 of 10 State Stormwater Management Systems Permit No. SW8 031055MOD Wedgewood Stormwater Permit No. SW8 031055MOD Brunswick County Designer's Certification Page 1 of 2 I, , as a duly registered in the State of North Carolina, having been authorized to observe (period icallylweeklylfull time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 9 of 10 State Stormwater Management Systems Permit No. SW8 031055MOD Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. .11. The permitted amounts of surface area and/or volume have been provided. .12. Required drawdown,devices are correctly sized per the approved plans. .13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. .15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Brunswick County Building Inspections Page 10 of 10 Attachment A - SW8 031055: Wedgewood at Lanvale March 30, 2012 - Permit Correction for Phase II Lot # Notarized Deed Restrictions (With Application for 4/16/08 Permit) Permit Text (4/16/08'& 5/1/08 Correction) Revised Permit Text (3/30/12) 1 3,150 3,150 3,150 B2742 P0364 2/15/2008 21 3,150 3,150 3,150 B2742 P0364 2/15/2008 3 3,150 31150 3,150 B2742 P0364 2/15/2008 4 3,150 3,150 3,150 B2742 P0364 2/15/2008 5 3,150 3,150 3,150 B2742 P0364 2/15/2008 6 3,150 3,150 3,150 B2742 P0364 2/15/2008 71 3,150 31150 3,150 B2742 P0364 2/15/2008 8 3,150 3,150 3,150 B2742 P0364 2/15/2008 9 3,150 3,150 3,150 B2742 P0364 2/15/2008 10 3,150 3,150 3,150 B2742 P0364 2/15/2008 11 3,150 3,150 3,150 B2742 P0364 2/15/2008 121 3,150 3,150 3,150 B2742 P0364 2/15/2008 131 3,150 3,150 3,150 B2742 P0364 2/15/2008 14 3,150 3,150 3,150 B2742 P0364 2/15/2008 15 2,950 2,950 2,950 B2742 P0364 2/15/2008 16 2,950 2,950 2,950 B2742 P0364 2/15/2008 17 2,950 2,950 2,950 B2742 P0364 2/15/2008 181 2,950 2,950 2,950 B2802 P1039 6/9/2008 19 2,950 2,950 2,950 B2802 P1039 6/9/2008 20 2,950 2,950 2,950 B2802 P1039 6/9/2008 21 2,950 2,950 2,950 B2802 P1039 6/9/2008 22 2,950 2,950 2,950 B2802 P1039 6/9/2008 231 2,950 2,950 2,950 B2802 P1039 6/9/2008 241 2,950 2,950 2,950 B2802 P1039 6/9/2008 25 2,950 2,950 2,950 B2802 P1039 6/9/2008 26 2,950 2,950 2,950 B2802 P1039 6/9/2008 27 2,950 2,950 2,950 B2802 P1039 6/9/2008 28 2,950 2,950 2,950 B2802 P1039 6/9/2008 291 2,950 2,950 2,950 B2802 P1039 6/9/2008 30 2,950 2,950 2,950 B2802 P1039 6/9/2008 31 2,950 2,950 2,950 B2802 P1039 6/9/2008 32 2,950 2,950 2,950 B2802 P1039 6/9/2008 33 2,950 2,950 2,950 B2802 P1039 6/9/2008 34 2,950 2,950 2,950 B2802 P1039 6/9/2008 35 2,950 2,950 2,950 B2802 P1039 6/9/2008 36 2,950 21950 2,950 B2802 P1039 6/9/2008 37 2,950 2,950 2,950 B2802 P1039 6/9/2008 38 2,950 2,950 2,950 B2802 P1039 6/9/2008 391 2,950 2,950 2,950 B2802 P1039 6/9/2008 40 2,950 2,950 2,950 B2802 P1039 6/9/2008 41 2,950 2,950 2,950 B2802 P1039 6/9/2008 42 2,950 2,950 2,950 B2802 P1039 6/9/2008 43 21950 2,950 2,950 B2802 P1039 6/9/2aa8 44 2,950 2,950 2,950 B2802 P1039 6/9/2008 45 2,950 2,950 2,950 B2802 P1039 6/9/2008 46 2,950 2,950 2,950 B2802 P1039 6/9/2008 47 2,950 21950 2,950 B2802 P1039 6/9/2008 48 21950 2,9.501 2,950 B2742 P0364 .2/15/2008 49 2,950 2,950 2,950 1 B2742 P0364 1 2/15/2008 50 21950 2,9.501 2,950 1 B2742 P0364 1 2/15/2008 Page 1 of3 Attachment A - SWS 031055: Wedgewood at Lanvale March 30, 2012 - Permit Correction for. Phase II Lot # Notarized Deed Restrictions (With Application► for 4/16/08 Permit) Permit Text (4/16/08 & 5/1/08 Correction) Revised Permit Text (3/30/12) W 51 3,150 3,150 3,150 82742 P0364 2/15/2008 521 3,150 3,150 3,150 B2742 P0364 2/15/2008 53 3,150 3,150 3,150 B2742 P0364 2/15/2008 54 3,150 3,15D 3,150 B2742 P0364 2/15/2008 55 3,150 3,150 3,150 B2742 P0364 2/15/2008 56 3,150 3,150 3,150 B2742 P0364 2/15/2008 57 3,150 3,150 3,150 B2742 P0364 2/15/2008 581 3,150 3,150 3,15D B2742 P0364 2/15/2008 591 3,150 3,150 3,150 B2742 P0364 2/15/2008 60 3,150 3,150 3,150 B2742 P0364 2/15/2008 61 3,150 3,150 3,150 B2742 P0364 2/15/2008 62 3,150 3,150 3,150 B2742 P0364 2/15/2008 63 3,150 3,150 3,150 B2742 P0364 2/15/2008 64 3,150 3,150 3,150 B2742 P0364 2/15/2008 65 3,150 3,150 3,150 82742 P0364 2/15/2008 66 3,150 3,150 3,150 B2742 P0364 2/15/2008 671 3,150 3,150 3,150 B2742 P0364 2/15/2008 68 3,150 3,150 3,150 62742P0364 2/15/2008 69 3,150 3,150 3,150 B2742 P0364 2/15/2008 70 3,150 3,150 B2742 P0364 2/15/2008 71 3,475 3,475 3,475 B2742 P0364 2/15/2008 72 3,223 3,223 3,223 B2742 P0364 2/15/2008 73 3,475 3,475 3,475 B2742 P0364 2/15/2008 74 3,223 3,223 3,223 82742 P0364 2/15/2008 75 3,475 3,475 3,475 B2742 P0364 2/15/2008 76 3,223 3,223 3,223 B2742 P0364 2/15/2008 77 3,475 3,475 3,475 B2742 P0364 2/15/2008 78 3,223 3,223 3,223 82742 P0364 2/15/2008 791 3,475 3,475 3,475 B2742 P0364 2/15/2008 80 3,223 3,223 3,223 B2742 P0364 2/15/2008 81 3,475 3,475 3,475 B2742 P0364 2/15/2008 82 3,223 3,223 3,223 B2742 P0364 2/15/2008 83 3,475 3,475 3,475 B2742 P0364 2/15/2008 84 3,223 3,223 3,223 B2742 P0364 2/15/2008 85 3,475 3,475 3,475 B2742 P0364 2/15/2008 86 3,223 3,223 3,223 B2742 P0364 2/15/2008 87 3,475 3,475 3,475 82742 P0364 2/15/2008 88 3,223 3,223 3,223 B2742 P0364 2/15/2008 89 3,475 3,475 3,47S B2742 P0364 2/15/2008 90 3,223 3,223 3,223 B2742 P0364 2/15/2008 91 3,475 3,475 3,475 82742 P0364 2/15/2008 92 3,223 3,223 3,223 B2742 P0364 2/15/2008 93 3,475 3,475 3,475 B2742 P0364 2/15/2008 941 3,223 3,223 3,223 B2742 P0364 2/15/2008 95 3,475 31475 3,475 B2742 P0364 2/15/2008 96 3,223 3,223 3,223 B2742 P0364 2/15/2008 97 3,475 3,475 3,475 82742 P0364 2/15/2008 98 3,223 3,2231 3,223 82742 P0364 2/15/2008 991 3,300 3,3001 3,300 B2742 P0364 2/15/2008 Page 2 of3 Attachment A - SWS 031055: Wedgewood at Lanvale March 30, 2012 - Permit Correction for Phase II Lot # Notarized Deed Restrictions (With Application for 4/16/08 Permit) Permit Text (4/16/08 & 5/1/08 Correction) Revised Permit Text . (3/30/12) 100 3,223 3,223 3,223 B2742 P0364 2/15/2008 1011 3,150 3,150 3,150 82742 P0364 2/15/2008 102 3,150 3,150 3,150 B2742 P0364 2/15/2008 103 3,150 3,150 3,150 B2742 P0364 2/15/2008 104 3,150 3,150 3,150 B2742 P0364 2/15/2008 105 3,150 3,150 3,150 B2742 P0364 2/15/2008 1061 3,150 3,150 3,150 B2742 P0364 2/15/2008 107 3,150 3,150 3,150 B2742 P0364 2/15/2008 108 3,150 3,150 3,150 B2742 P0364 2/15/2008 109 3,150 3,150 3,150 B2742 P0364 2/15/2008 110 3,150 3,150 3,150 82742 P0364 2/15/2008 1111 3,150 3,150 3,150 B2742 P0364 2/15/2008 112 3,150 3,150 3,150 B2742 P0364 2/15/2008 113 3,150 3,150 3,150 B2742 P0364 2/15/2008 114 3,150 3,150 3,150 B2742 P0364 2/15/2008 115 3,150 3,150 3,150 B2742 P0364 2/15/2008 1161 3,150 31150 3,150 82742 P0364 2/15/2008 117 3,150 3,150 3,150 B2742 P0364 2/15/2008 118 3,150 3,150 3,150 B2742 P0364 2/15/2008 119 3,150 3,150 3,150 B2742 P0364 2/15/2008 120 3,150 3,150 3,150 B2742 P0364 2/15/2008 1211 3,150 3,150 3,150 B2742 P0364 2/15/2008 122 3,150 3,150 3,150 B2742 P0364 2/15/2008 123 3,150 3,150 3,150 B2742 P0364 2/15/2008 124 31150 3,150 3,150 B2742 P0364 2/15/2008 125 3,150 3,150 3,150 82742 P0364 2/15/2008 1261 3,150 3,150 3,150 B2742 P0364 2/15/2008 127 3,150 3,150 3,150 B2742 P0364 2/15/2008 128 3,150 3,150 B2742 P0364 2/15/2008 129 3,475 3,475 3,475 B2742 P0364 2/15/2008 130 3,223 3,223 3,223 B2742 P0364 2/15/2008 1311 3,475 3,475 3,475 B2742 P0364 2/15/2008 1321 3,223 3,223 3,223 B2742 P0364 2/15/2008 133 3,475 3,475 3,475 B2742 P0364 2/15/2008 134 3,223 3,223 3,223 B2742 P0364 2/15/2008 135 3,475 3,475 3,475 82742 P0364 2/15/2008 136 3,223 3,223 3,223 B2742 P0364 2/15/2008 1371 3,475 3,475 3,475 B2742 P0364 2/15/2008 138 3,224 3,224 3,224 B2742 P0364 2/15/2008 139 3,475 3,475 3,475 B2742 P0364 2/15/2008 140 3,223 3,223 3,223 B2742 P0364 2/15/2008 141 3,475 3,475 3,475 B2742 P0364 2/15/2008 142 3,223 3,223 3,223 B2742 P0364 2/15/2008 143 3,475 3,475 3,475 B2742 P0364 2/15/2008 144 3,223 3,223 3,223 B2742 P0364 2/15/2008 145 3,420 3,420 3,420 B2742 P0364 2/15/2008 458,800 452,500 458,800 Page 3 of3 . it .'i , i r. 1. 1�w D 16 Z9D Johnson, Kelly octti ?auas—) From: Scott Kennedy[scott. ken nedy@capefearengineering.corn] Sent: Thursday, March 29, 2012 4:26 PM To: Johnson, Kelly Subject: Wedgewood Pond SW8 031055MOD Attachments: Pond 03-29-12.doc Kelly, The pond has been repaired at Wedgewood. The issue was not offsite but there was an obstruction at the outlet pipes. This has been cleared and the pond is drawing down. I am sending you pictures I took today for you to see that the pond is falling and drawing down. If you need any further assistance from me please let me know. Hope this is helpful to you in the permit process. With regards, Scott <<Pond 03-29-12.doc>> H. Scott Kennedy, Jr: Cape Fear Engineering, Inc. Safety Officer 151 Poole Road Belville, NC 28451 910-383-1044 (voice) 910-383-1045 (fax) Notice: The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate, copy it in any form or take any action in reliance of it. If you have received this message in error please delete it and any copies of it and notify the sender immediately. Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, March 27, 2012 10:14 AM To: 'Scott Kennedy' Cc: Perry Davis; Scott, Georgette Subject: RE: Wedgewood Subdivision Scott, As we discussed, the Division had a similar situation with another project where offsite downstream conditions impeded the 2-5 day pond drawdown that is required by law. In that situation, our senior management required that the downstream issues be resolved. We will have to apply the same requirement for this project. Kelly From: Scott Kennedy [mailto: scott. ken nedycapefearengineering.comI Sent: Tuesday, March 27, 2012 9:54 AM To: Johnson, Kelly Cc: Perry Davis Subject: Wedgewood Subdivision Kelly, Would you send me an email regarding NCDENR's position on the Wedgewood pond in reference to the name change/ownership for the stormwater permit. Basically, just summarize you comments that we discuss via phone. Thanks, Scott H. Scoff Kennedy, Jr. Cape Fear Engineering, Inc. Safety Officer 151 Poole Road Belville, NC 28451 910-383-1044 (voice) 910-383-1045 (fax) Notice: The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate, copy it in any form or take any at -Son in reliance of it. If you have received this message in error please delete it and any copies of it and notify the sender immediately. MAR i T 2012 ItML11111 ipplip ��iZ��114In ne:46.M 15:48:L6.003o rands Clamnenszrunew ler of Quads pago 1 of 3 q1ft %nft Presenter 4 Ret. �x Total -Rev . �._...._ Finance_— 13 i}pftus Or 1irH.u114w, Pi:l :1 V � at 11"(: i;,1 41116wn rr Prepared by and Returned to: Jeffrey P. Keeter Block, Crouch, Keeter, Behm & Sayed, LLP P.O. Box 4, Wilmington, NC 28402 WITHOUT TITLE EXAMINATION STATE OF NORTH CAROLINA Xe aobvc'���ON-WARRAlYTY DEED COUNTY OF BRUNSWICK _,cf 0 fto THIS DEED, made this day of a 2010, by and between, WDB DEVELOPERS, LLC, a North Carolina limited liability company, whose address is 60 Gregory Road, Belvifle,.NC, 28451, GRANTOR, and LANVALE OWNERS ASSOCIATION, a North Carolina Non- profit Corporation, whose address is 60 Greg Road, Belville, NC, 28451, GRANTEE; �ITNES 2es'221TEN THAT the said GRANTORS or and inha,EE, n of DOLLARS ($10.00) and other valuable considerations to it in hand paid by G the receipt of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, and convey unto the said GRANTEE, its successors and assigns, the following described property lying and being in the County of Brunswick, and State of North Carolina, and more particularly described as follows: See aehed Erhlblt "A ►, IN TESTIMONY WIJEREOF said O� instrument to be signed in its name by its Manager and its seal all on th d year first abo iRem `• i � � i r p � ��. ��� a �i f � .- ..! , e 12-M-201 e � I�� ��1��� 9�snda � Clsmsonsr4E.003 lt© R g ti of Desds page Z of WDB DEVELOPERS, LLC LOGAN MANAGEMENT COMPANY, INC., Manager B- (SEAL) /1I*ID I. LOGAN, P i ent State of No arolina �. County of fQY �[p a N tary Public ofW-�O County, North Carotin dokcertify that on this day of / r2041'� , before me personally appeared e of LOGAN MANAGEMENe COMPANY, INC., Manager of WDB DEVELOPERS, LLC, a North Carolina Limited Liability Coma personally knowntisfaciory c; proved to me by ev ; proved to me on the oath or affirtma n of who is personally known to me, to be the person(s) whose name(s) is/are signed on acknowledged to me that he/she/they sited it voh (Seal) My Commission FS$TEPHATNIE B. CO TAWAY tary Publlo r;ounty. North Carolina or attached record, and r 8{ . ds , pagan ma f 3. Q03 Or ltyD, c Exhibit "A" Being all of those lots, parcels, strips, sl' rs, berms, areas, ponds, pond bottoms, shorelines, that are referred to as "Existing Amenity P', "Stor» ter Pond" or "Open Space " on certain maps of Lanvale Subdivision or W ewo at Lanv��nthe office of the register of deeds in Brunswick County in Book or et 47 Pages 74-� Map Book 57 Pages I8-21, Map Book 32 Page 423, Map Book 31 Page 532, p Book 36 Page 189, Map Book 39 Page 42, Map Book 32 Page 153, Map Book 30 Page 538, and Map Book 34 Page 406. g / %% QgaV:Iz%ft 4 Johnson, Kelly From: Scott Kennedy[scott.kennedy@capefearengineering.com] Sent: Tuesday, March 27, 2012 11:02 AM To: Johnson, Kelly Cc: Perry Davis Subject: RE: Wedgewood Subdivision Name Change for Storm water permit SW8 031055MOD Attachments: 3122-P0174.pdf Kelly, Please see attached deed reference concerning your question below. Scott From: Johnson, Kelly [mailto:kelly.p.johnson(a)ncdenr.gov] Sent: Thursday, March 22, 2012 10:48 AM To: Scott Kennedy Subject: RE: Wedgewood Subdivision Name Change for Storm water permit SW8 031055MOD Thanks. Does the MOA own the common areas? From: Scott Kennedy [mailto:scott.ken ned ca efea reng ineerin .com] Sent: Wednesday, March 21, 2012 3:38 PM To: Johnson, Kelly Subject: Wedgewood Subdivision Name Change for Storm water permit SW8 031055MOD Kelly, I am sending you the lot owner information for Wedgewood. Please let me know if you need anything further. Scott «Wedgewood Lot Owners.pdf>> H. Scott Kennedy, Jr. Cape Fear Engineering, Inc. Safety Officer 151 Poole Road Belville, NC 28451 910-383-1044 (voice) 910-383-1045 (fax) Notice: The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate, copy it in any form or take any action in reliance of it. if you have received this message in error please delete it and any copies of it and notify the sender immediately. r Beverly Eaves Perdue Governor March 26, 2012 Mr. D. Logan, N TA POO NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P. E Director ing Member 60 Gregory Road, Suite 1 Bellville, NC 28451 Subject: NOTICE OF DEFICIENCY Wedgewood at Lanvale Stormwater Permit No. SW8 031055 Brunswick County Dear Mr. Logan: Dee Freeman Secretary On March 26, 2012, Kelly Johnson of the Wilmington Regional Office of the Division of Water Quality (DWQ) inspected Wedgewood at Lanvale in Brunswick County to determine compliance with Stormwater Management Permit Number SW8 031055 issued most recently on May 1, 2008. DWQ file review and site inspection revealed that the site is not in compliance with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report' attached to this letter, which summarizes the findings of the recent inspection. As indicated in the attached inspection report, the following deficiencies must be resolved: 1. As you can see in the attached pictures, it appears that the pond is not drawing down correctly. 2. Please also submit a deed or other documentation that the HOA owns the common area with the stormwater pond. Please inform this Office in writing before April 26, 2012, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by April 26, 2012 then DWQ staff will re- inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. Please be reminded that if an ownership change, or a name change or a mailing address change has occurred, it is your responsibility to submit a completed and signed Name/Ownership Change form to the Division. Please include the name, mailing address and phone number of the party who is now responsible for this permit. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910) 796-7331. Since ely, ell hnson Environmental Engineer Eric: Compliance Inspection Report GDSlkpj: S:IWQSIStormwater\Permits & Projects120031031055 HD12012 03 CEI_defcient 031055 enc: Pictures cc: Karen Higgins, WBS-CPU WiRO Stormwater File DWQ Central Files Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 1�TOne 1, 1 Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance: 1-877-623-6748 1 �orthCa'Olina Internet: www.ncwaterquality.org Naturally An Equal Opportunity lAfrmativeAction Employer Naturally Compliance Inspection Report Permit: SW8031055 Effective: 04/16/08 Expiration: 10/25/20 Owner: Wdb Developers LLC County: Brunswick Region: Wilmington Project: Wedgewood at Lanvale Sr 1438 Brunswick Co Southport NC 28461 Contact Person: D Logan Title: Phone: Directions to Project: Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 1 - (Jackeys Creek) (03-06-17) ( C;Sw) On -Site Representative(s): Related Permits: Inspection Date. 03/26/2012 Entry Time: 10:00 AM Primary Inspector: .Kelly Johnson Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ■ Not Compliant Question Areas: ■ State Stormwater (See attachment summary) Exit Time: 10:45 AM Phone: 919-733-5083 Inspection Type: Transfer Renewal Page: 1 Permit: SW8031055 Owner - Project: Wdb Developers UC Inspection Date: 03/26/2012 Inspection Type: Transfer Renewal Reason for Visit: Routine Inspection Summary: Pond does not appear to drawdown correctly File Review Yes No NA NE Is the permit active? ■ ❑ ❑ ❑ Signed copy of the Engineer's certification is in the File? ■ ❑ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ■ ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ■ ❑ ❑ ❑ Comment: Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ■ ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? ■ ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? ■ ❑ ❑ ❑ Comment: SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ■ ❑ ❑ ❑ . Are the inlets located per the approved plans? ■ ❑ ❑ ❑ Are the outlet structures located per the approved plans? ■ ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ ■ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■ upon request? Comment: The pond did not appear to.be drawing down correctly. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ❑ ❑ ■ Comment: Other WO Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ ❑ ■ Comment: Page: 2 �f- ,I� F IJP IZ State Stormwater Inspection Report General Project Name: �%6waop Permit No: SW8 031QS5 Expiration Date: lb/a5hlo Contact Person: Phone Number: Inspection Type: TA,f- Inspection Date: ?) /,?U Time In: 1 d:00 Time Out: I v : Lks Current Weather: CTO Recent Rain (Date)? �f Rain — in u Location Facility Address / Location: City: Zip: County: 'oc Lat: 1"N Long: - 0 1"W Permit Information Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246 Goose Creek High Quality Waters Outstanding Resource Waters Density (circle one). High (HD) Low (LD) Stormwater Best Management Practices (BMPs) (insert number of each): Wet Ponds Infiltration Basins Infiltration Trenches LD Swales Stormwater Wetlands Dry Ponds Bioretention Permeable Pavement Sand filters (circle one) Open Closed Cistern Level Spreader/Filter Strip Other (specify): File Review Yes No NIA NIE I. Is the ermit active? 2. Signed Engineer's Certification on file? & i 3. Signed Operation and Maintenance agreement on tile? ✓ 4. Recorded Deed Restrictions on file? ✓ V Site Visit Built tlnnn Area IRt1A1 Yps Nn NIA NIF 5. BUA is constructed and consistent with the permit requirements? 6. BUA aspermitted) is graded such that the runoff drains to the system? (high density only) 7. Drainage area is consistent withpermit? i.e, no un ermitted drainage to the SW BMPs 8. Drainage area is stabilized? to reduce risk of sedimentation to the SW BMPs ✓ Sits Visit Stnrmwater BMPs Yes Nn NIA N/F_ 9. Stormwater 13MPs are located per the approvedplans? 10. Stormwater BMPs have dimensions e , length, width, area matching the approvedplans? ✓ 11. Stormwater BMPs are constructed per the a roved tans? Site Visit- Onpratinn and Maintenanep Yes Nn NIA NIF 12. Access points to the site are clear and well maintained? 13. Trash has been removed as needed? ✓ 14. Excessive landscape debris ass clippings, leaves, etc is controlled? >/ 15. Stormwater BMPs being operated and maintained as per the permit requirements? 16. Inspection and Maintenance records are available for inspection? (high density only, 1995 — present only) Site Visit: Other Permit Conditions Yes No NIA NIE 17. is the site compliant with other conditions of thepermit? Site Visit: Other Water Quality Issues Yes No NIA NI 18. Is the site compliant with other water uality issues as noted during the inspection? State Stormwater Inspection Report, Version 3.0_3-09 Page I of 2 State Stormwater Inspection Report Comments of the pictures taken during the site Compliance Status 11 Compliant Non -Compliant Letter Sent (circle one): Yes No Letter type: CEI NOV NOVRE Date Sent: Reference Number: Inspector Name and Signature: Other Date: State Stormwater Inspeclion Report, Version 3.0_3-09 Page 2 of 2 ` WET DETENTION O & M Inspection Checklist INLETS and FOREBAY 1. Inlets are located per the approved plans: Li ❑ ❑ ❑ 2. Inlet device (swale or pipe) is free of damage, clogs or erosion: ❑ ❑ ❑ ❑ 3. Forebay berm is in place and without erosion: ❑ ❑ ❑ ❑ 4. Forebay is free of excessive sediment: ❑ ❑ ❑ ❑ SIDE SLOPES AND BANKS 5. Vegetated slopes are 3:1 or less: ❑ ❑ ❑ ❑ 6. Banks are stable and free of erosion or bare soil: ❑ ❑ ❑ ❑ 7. Slopes or berms are free of woody vegetation: ❑ ❑ ❑ ❑ 8. Free of muskrats or beaver activity: ❑ ❑ ❑ ❑ 9. Grass is being maintained and mowed (not scalped) as required: ❑ ❑ ❑ ❑ PERIMETER AND MAIN BAY 10. Vegetated shelf is 6:1 or 10:1 as permitted and properly vegetated: ❑ ❑ ❑ ❑ 11. Algal growth covers less 50% of the area: ❑ ❑ ❑ ❑ 12. Cattails, phragmites or other invasive plants cover less than 50% of the basin surface: ❑ ❑ ❑ ❑ 13. Main treatment area is free from excess sediment accumulation: ❑ ❑ ❑ ❑ OUTLETS 14. Swale or emergency outlet bypass is in the correct place and is in good condition: ❑ ❑ ❑ ❑ 15. Drawdown device is correctly sized free of damage or clogging: ❑ ❑ ❑ ❑ 16. Orifice size matches the approved plans ❑ ❑ ❑ ❑ 17. Outlet is free of erosion or other signs of damage: ❑ 1 ❑ ❑ ❑ 18. Trash rack is installed ❑ ❑ ❑ ❑ 19. Vegetated filter is in place (if applicable) ❑ ❑ ❑ ❑ 20. Relative elevations match approved plans ❑ ❑ ❑ ❑ 21. Fountain pump (if permitted) is less than or equal to the maximum allowable size: ❑ ❑ ❑ ❑ V3.3_09 Johnson, Kelly From: Scott Kennedy[scott. ken nedy@ca pefea re ng ineeri ng. co ml Sent: Monday, March 26, 2012 4:31 PM To: Johnson, Kelly Cc: Perry Davis Subject: RE: Wedgewood Subdivision Name Change for Storm water permit SW8 031055MOD Kelly, The downstream water elevation is the cause of the water backup inside the outlet structure. This issue appears to be downstream of the pond and is not on our property. It could be caused by beavers, shoaling of the channel or down trees and/or debris. There is no way to alleviate this condition except nature. This is most likely a temporary condition. The valve in the box was put there during construction to regulate the pond during major weather events. The valve is closed and is not in use. With regards, Scott From: Johnson, Kelly [mailto:kell .'ohnson ncdenr. ov] Sent: Monday, March 26, 2012 1:27 PM To: Scott Kennedy Subject: RE: Wedgewood Subdivision Name Change for Storm water permit SW8 031055MOD Scott, I went out there today. The water inside the outlet box is at the same elevation as the pond? Generally, we would see the orifice inside the box with water flowing through it after a rainfall such as we had last night. (The picture will make more sense.) There is also a valve in the box that isn't on the plans. (I don't know if that valve has something to do with the elevations?) Y. From: Scott Kennedy [maiIto: scott.kenned ca efeare ng ineerin .com] Sent: Thursday, March 22, 2012 10:52 AM To: Johnson, Kelly Subject: RE: Wedgewood Subdivision Name Change for Storm water permit SW8 031055MOD Yes. From: Johnson, Kelly [mailto:kelly.p.johnson(�)ncdenr4govI Sent: Thursday, March 22, 2012 10:48 AM To: Scott Kennedy Subject: RE: Wedgewood Subdivision Name Change for Storm water permit SW8 031055MOD Thanks. Does the HOA own the common areas? From: Scott Kennedy [mailto:scoff. ken nedy(dcapefearengineering_com] Sent: Wednesday, March 21, 2012 3:38 PM __To: Johnson, Kelly Subject: Wedgewood Subdivision Name Change for Storm water permit SW8 031055MOD Kelly, I am sending you the lot owner information for Wedgewood. Please let me know if you need anything further. Scott «Wedgewood Lot Owners.pdf>> H. Scott Kennedy, Jr. Cape Fear Engineering, Inc. Safety Officer 151 Poole Road Belville, NC 28451 910-383-1044 (voice) 910-383-1045 (fax) Notice: The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate, copy it in any form or take any action in reliance of it. If you have received this message in error please delete it and any copies of it and notify the sender immediately. 01A30 d310SS 1 2 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 23 24 27 30 31 32 33 34 35 36 37 MAR 2.12012 1 1 1 1 1 1 1 1 1 1 1B 1B 1B TB- 1 B TB- 1 B 1B TB — TB 1B 1B 1B 1B 1B 1B 1B 1B 1B 1B 1B TB- 1 B 16 TB — W30 19�k" OX\a1CT4— �o� e� 3 ON 1'f- d3% WEDGEWOOD SUBDIVISION I LOT OWNERS OWNER Garant, Donald G. Trexler, Daryl ETUX Dawn Genda, Josee ETUX Suzanne Jones, Kirsten Annette Whitten, Kevin_ ETUX Lynn Druyan, Mark Evans, Michael Shane ETUX Michelle L Bryant, Lashonda C. & Steven L. Lewis Mai, Huy Huu ETUX Michelle Ha Dao Kanji, Na_usher ETUX Azmina Boss, John T. ETUX Virginia Devlin, Shane M. ETUX Tiffany W. ^� Wolfin er, Richard J. Steiner, Reid Carter ETUX Asalee Dawson, Rodney V. ETUX Lisa Sganga, Joseph T. & Maureen Fagan Sevier, Matthew J. ETUX Melanie C. Li, Hong & An Chen _ Jones, Jimerson ETUX Michelle Meetre, Gerald A. ETUX Ruth Ann Jordan, Rhonda L. Knowles, Larry Andrew ETUX Wendy M Nance, Clifton D. ETUX Megan Carmon Kirby, Bonnie T. Fontana, Paul ETALS Thomason, Ron E. PNC Bank National Association Labbianco, Nicholas & Linda Palladino Sutherland, William ETUX Kimberly Harrod, Rachel & Scarlett Smith Johnson, Joan & Karen Moran Sutherland, William ETUX Kimberly LasaIla, Theodore ETUX Patricia Hibler, Pacer Mac ETUX Sandy M. Parker, Karen A. Benavides, Fabrizzio ETUX Nancy Hatch. Ron 39 1B ISutherland, William ETUX Kim C. 40 1 B Charles, Carol Lynn ETVIR Thomas P. 41 1 Edwards, Mark A. ETUX Lisa D. 42 1 Benson, Erin E. ETVIR Troy L. 43 1 Wa ner, Steven A. ETUX Judith 44 1 Lipka, Jerome M ETUX Pamela 45 1 Simpson, Si na P. 46 1 Weaver, Joshua H. ETUX Elke 47 1 Hall, Jonathan D. ETUX Krista Kin 48 1 McMahon, Robert F. & Alice N. 491 1 Misaahi, Mark C. PROPERTY ADDRESS 101 Watersfield Rd., Leland, NC 28451 103 Watersfield Rd., Leland, NC 28451 105 Watersfield Rd., Leland, NC 28451 107 Watersfield Rd., Leland, NC 28451 109 Watersfield Rd., Leland, NC 28451 111 Watersfield Rd., Leland, NC 28451 113 Watersfield Rd., Leland, NC 28451 115 Watersfield Rd., Leland, NC 28451 117 Watersfield Rd., Leland, NC 28451 119 Watersfield Rd., Leland, NC 28451 116 Watersfield Rd., Leland, NC 28451 205 Whitehill Rd., Leland, NC 28451 207 Whitehill Rd., Leland, NC 28451 209 Whitehill Rd., Leland, NC 28451 211 Whitehill Rd., Leland, NC 28451 213 Whitehill Rd., Leland, NC 28451 215 Whitehill Rd., Leland, NC 28451 217 Whitehill Rd., Leland, NC 28451 219 Whitehill Rd., Leland, NC 28451 221 Whitehill Rd., Leland, NC 28451 223 Whitehill Rd., Leland, NC 28451 225 Whitehill Rd., Leland, NC 28451 227 Whitehill Rd., Leland, NC 28451 229 Whitehill Rd., Leland, NC 28451 226 Whitehill Rd., Leland, NC 28451 224 Whitehill Rd., Leland, NC 28451 222 Whitehill Rd., Leland, NC 28451 220 Whitehill Rd., Leland, NC 28451 218 Whitehill Rd., Leland, NC 28451 216 Whitehill Rd., Leland, NC 28451 212 Whitehill Rd., Leland, NC 28451 208 Whitehill Rd., Leland, NC 28451 114 Watersfield Rd., Leland, NC 28451 112 Watersfield Rd., Leland, NC 28451 110 Watersfield Rd., Leland, NC 28451 108 Watersfield Rd., Leland, NC 28451 106 Watersfield Rd., Leland, NC 28451 104 Watersfield Rd., Leland, NC 28451 102 Watersfield Rd„ Leland, NC 28451 102 Woodford Rd., Leland, NC 28451 104 Woodford Rd., Leland, NC 28451 106 Woodford Rd., Leland, NC 28451 110 Woodford Rd., Leland, NC 28451 112 Woodford Rd., Leland, NC 28451 114 Woodford Rd., Leland, NC 28451 116 Woodford Rd., Leland, NC 28451 118 Woodford Rd., Leland, NC 28451 122 Woodford Rd., Leland, NC 28451 ` F � r ,���..+� i�l� j �� �j iti• 1 �r s WEDGEWOOD SUBDIVISION I LOT OWNERS PHASE 1 LOT # SECTION OWNER 50 1 Walker, Herbert Allen, Jr., Joyce 51 1 Kei er, Sheryl M. 52 1 Schreyer, Jennifer & William Weir 53 1 Peterson, Sarah L. & Stephen C. Bon 541 1 Stewart, Dawn ETVIR Matthew Hassett 55 1 Grillo, Tara & David Powell 56 1 Juneau, Timothy 57 1 Womble, Thomas M. ETUX Meredith W 58 1 Appleton, Justin L. ETUX Heather L. 59 1 Kraft, Robert L. 601 1 Kuntz, Edward ETUX Mimi 611 1 Hansen, Robert C. ETUX Elizabeth D. 621 1 Talley, Aaron C, III ETUX Faith C. 63 1 Bodnar, Kathleen G. 64 1 Currie, Danny L. Sr. ETUX Martha L. 65 1 Korce , Joanne M. 66 1 Popp, George M. Sr., ETUX Barbara A. 67 1 Morse, Howard ETUX Audrey 68 1 Leonard, Kassondra 69 1 Nauert, Michael J. ETUX Maria L. 70 1 Turner, Jonathan ETUX Lise 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 93 94 Munoz, Raul D. ETUX Martha R. Friesland, John E. ETUX Betty W. Eustice, Edward J. EXUX Karen Fortune, Travis L. Allen, Kathleen Ma ETVIR James Yarborough, Carl ETALS Heschl, Eric Kelly, Karen & Byron Franklin Thomas, Edward L, II Rannon, Mari Louise ETVIR Herman T. Lanvale Holdings, LLC Camp, Janet L. Jones, Dee J. & Mari Neale Covil, Judy A. Tyrell, Angela Kim Diaz, James M. ETUX Heidi Jean Dauer Wilkins, Richard E. ETUX Gina L. Ryan, Michael ETUX Carina Crompton, Florence M. Hannigan, Debora D. Alverez, Alexander ETUX Janeth Conde^ Yochheim, Jeffrey E. _ Beattie, Traci P. Towles, Charles & Billie J. Hardin Rabon, Shelby J. Rapasy, Shawn M & Katherine C. Branch Embrey, Kimberly N. PROPERTY ADDRESS 126 Woodford Rd., Leland, NC 28451 130 Woodford Rd., Leland, NC 28451 102 Grasmere Ct., Leland, NC 28451 104 Grasmere Ct., Leland, NC 28451 106 Grasmere Ct., Leland, NC 28451 108 Grasmere Ct., Leland, NC 28451 110 Grasmere Ct., Leland, NC 28451 112 Grasmere Ct., Leland, NC 28451 115 Grasmere Ct., Leland, NC 28451 113 Grasmere Ct., Leland, NC 28451 111 Grasmere Ct., Leland, NC 28451 105 Grasmere Ct., Leland, NC 28451 143 Woodford Rd., Leland, NC 28451 141 Woodford Rd., Leland, NC 28451 139 Woodford Rd., Leland, NC 28451 137 Woodford Rd., Leland, NC 28451 135 Woodford Rd., Leland, NC 28451 133 Woodford Rd., Leland, NC 28451 131 Woodford Rd., Leland, NC 28451 129 Woodford Rd., Leland, NC 28451 1127 Woodford Rd., Leland, NC 28451 125 Woodford Rd., Leland, NC 28451 119 Woodford Rd., Leland, NC 28451 117 Woodford Rd., Leland, NC 28451 115 Woodford Rd., Leland, NC 28451 107 Woodford Rd., Leland, NC 28451 111 Woodford Rd,, Leland, NC 28451 109 Woodford Rd., Leland, NC 28451 107 Woodford Rd., Leland, NC 28451 105 Woodford Rd., Leland, NC 28451 103 Woodford Rd., Leland, NC 28451 101 Woodford Rd., Leland, NC 28451 123 Watersfield Rd., Leland, NC 28451 125 Watersfield Rd., Leland, NC 28451 127 Watersfield Rd., Leland, NC 28451 129 Watersfield Rd., Leland, NC 28451 131 Watersfield Rd., Leland, NC 28451 133 Watersfield Rd., Leland, NC 28451 135 Watersfield Rd., Leland, NC 28451 137 Watersfield Rd., Leland, NC 28451 139 Watersfield Rd., Leland, NC 28451 101 Tillin ton Ct., Leland, NC 28451 103 Tillin ton Ct., Leland, NC 28451 105 Tillin ton Ct., Leland, NC 28451 107 Tillin ton Ct., Leland, NC 28451 106 Tillin ton Ct., Leland, NC 28451 104 Tillin ton Ct., Leland, NC 28451 102 Tillin ton Ct., Leland, NC 28451 N WEDGEWOOD SUBDIVISION LOT OWNERS PHASE 1 LOT # ISECTIONJOWNER 981 1C lHudson, Christopher A. 9 10 11 12 13 14 15 16 18 19 20 21 22 24 25 26 27 28 29 1C 1C 1C 1C 1C 1C 1C 1C 1C 1C 2 RA r, 2 z 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 McInerney, Annette C. Himmel, Edith M. Dawkins, Settle D ETUX Jill S. Cash, Christopher R ETUX Malgorz Herbert, Christopher S. Wood, Garrett V ETUX Kristen R. Spittel, Amanda F. Doherty, Andrew J ETUX Dianne A. Stratton, Clayton J ETUX Chyra E. Cain, Timothy R ETUX Jennifer J. Siebert, Daniel Wade Delfosse, Deena A. & N. WDB Developers, LLC WDB Developers, LLC WDB Developers, LLC WDB Developers, LLC WDB Developers, LLC WDB Developers, LLC WDB Developers, LLC WDB Developers, LLC WDB Developers, LLC Developers, LLC _WDB Tarrant, Terrika M. WDB Developers, LLC d J ETUX Michelle K. Keppert, Jason L. WDB Developers, LLC Marshburn, Chanda & Jonathan Franck Phillips, David Alton Trustee WDB Developers, LLC WDB Developers, LLC WDB Developers, LLC Logan Developers, Inc WDB Developers, LLC McClendon, Jerome ETUX Charlene Gross, Justen J. ETUX Jasmine Hunt Baldwin, Emily L. ETVIR Clifton S. Graves, Michael W ETUX Leslev A. 31 3 Rei hard, Carrie A. & Lisa M. Roldan 32 3 Toms, Edgar S.,III ETUX Elise N. 33 3 Kelly, David T. 34 3 Tuite, William J. 35 3 Bessette, Kevin P. ETUX Lori 361 3 Beauchamp, Kevin ETUX Susan E. PROPERTY ADDRESS 147 Watersfield Rd., Leland, NC 28451 149 Watersfield Rd., Leland, NC 28451 148 Watersfield Rd., Leland, NC 28451 146 Watersfield Rd., Leland, NC 28451 140 Watersfield Rd., Leland, NC 28451 138 Watersfield Rd., Leland, NC 28451 136 Watersfield Rd., Leland, NC 28451 134 Watersfield Rd., Leland, NC 28451 132 Watersfield Rd., Leland, NC 28451 130 Watersfield Rd., Leland, NC 28451 128 Watersfield Rd., Leland, NC 28451 1137 Slater Way, Leland, NC 28451 1133 Slater Way, Leland, NC 28451 1129 Slater Way, Leland, NC 28451 1121 Slater Way, Leland, NC 28451 1117 Slater Way, Leland, NC 28451 1113 Slater Way, Leland, NC 28451 1109 Slater Way, Leland, NC 28451 1105 Slater Way, Leland, NC 28461 1097 Slater Way, Leland, NC 28451 1093 Slater Way, Leland, NC 28451 1089 Slater Way, Leland, NC 28451 1086 Slater Way, Leland, NC 28451 1081 Slater Way, Leland, NC 28451 1077 Slater Way, Leland, NC 28451 1073 Slater Way, Leland, NC 28451 1065 Slater Way, Leland, NC 28451 1061 Slater Way, Leland, NC 28451 1057 Slater Way, Leland, NC 28451 1053 Slater Way, Leland, NC 28451 1049 Slater Way, Leland, NC 28451 1045 Slater Way, Leland, NC 28451 1041 Slater Way, Leland, NC 28451 1037 Slater Way, Leland, NC 28451 1033 Slater Way, Leland, NC 28451 164 Watersfield Rd.-, Leland, NC 28451 160 Watersfield Rd., Leland, NC 28451 156 Watersfield Rd., Leland, NC 28451 153 Watersfield Rd., Leland, NC 28451 167 Watersfield Rd., Leland, NC 28451 161 Watersfield Rd., Leland, NC 28451 165 Watersfield Rd., Leland, NC 28451 169 Watersfield Rd., Leland, NC 28451 1005 Slater Way, Leland, NC 28451 1001 Slater Way, Leland, NC 28451 1000 Slater Way, Leland, NC 28451 3 WEDGEWOOD SUBDIVISION I LOT OWNERS PHASE 1 LOT # SECTION OWNER PROPERTY ADDRESS 37 3 Chera, Joseph M. 1004 Slater Way, Leland, NC 28451 38 3 Kelley, Kandice K. 1008 Slater Way, Leland, NC 28451 39 3 WDB Developers, LLC 1012 Slater Way, Leland, NC 28451 40 3 Wiggins, Jason N. ETUX Amanda M. Rose 1020 Slater Way, Leland, NC 28451 411 3 WDB Developers, LLC 1024 Slater Way, Leland, NC 28451 421 3 Gallagher, Thomas J. ETUX Carol M. 1028 Slater Way, Leland, NC 28451 43 3 Saunders, William L. ETUX Barbara F. 1032 Slater Way, Leland, NC 28451 44 3 Cino, Michael 1040 Slater Way, Leland, NC 28451 45 3 WDB Develo ers, LLC 1044 Slater Way, Leland, NC 28451 46 3 Ott, Melvin ETUX Erlinda 1048 Slater Way, Leland, NC 28451 47 3 Suita, Daniel A. 1052 Slater Way, Leland, NC 28451 481 3 Brooks, Charles K. ETUX Edith C. 1056 Slater Way, Leland, NC 28451 49 3 Nunnery, Yulonda Sue 1064 Slater Way, Leland, NC 28451 50 3 Laird, Joseph Audrey M. 1072 Slater Way, Leland, NC 28451 51 3 Scott, Renee H. 1076 Slater Way, Leland, NC 28451 52 2 WDB Develo ers, LLC 2008 La ham Dr., Leland, NC 28451 53 2 WDB Developers, LLC 2016 La ham Dr., Leland, NC 28451 54 2 Brennan, Kevin ETUX Carie 2020 La ham Dr., Leland, NC 28451 55 2 WDB Develo ers, LLC 2024 La ham Dr., Leland, NC 28451 56 2 WDB Develo ers, LLC 12028 La ham Dr., Leland, NC 28451 57 2 WDB Developers, LLC 2032 La ham Dr., Leland, NC 28451 58 2 Pennin er, William L. ETUX Leah S. 2036 La ham Dr., Leland, NC 28451 591 2 Roush, Gary L., Jr. ETUX Jennifer H. 2040 La ham Dr., Leland, NC 28451 60 2 Logan Developers, Inc 2044 La ham Dr., Leland, NC 28451 61 2 WDB Developers, LLC 2048 La ham Dr., Leland, NC 28451 62 2 Logan Developers, Inc 2052 La ham Dr., Leland, NC 28451 63 2 Lahnum, Gregory E. ETUX Emily K.W. 2056 La ham Dr., Leland, NC 28451 64 2 WDB Developers, LLC 2060 La ham Dr., Leland, NC 28461 65 2 Carter, Belinda McAlister 2064 La ham Dr., Leland, NC 28451 66 2 WDB Developers, LLC 2068 La ham Dr., Leland, NC 28451 67 2 WDB Develo ers, LLC 2072 La ham Dr., Leland, NC 28451 68 2 Sierra, Barrita Pedro ETUX Contessa 2076 La ham Dr., Leland, NC 28451 69 2 WDB Develo ers, LLC 2080 La ham Dr., Leland, NC 28451 701 2 Moschet, Brian A. ETUX Kristen M. 2084 La ham Dr., Leland, NC 28451 71 1 Liberty Homes & Building, Inc. 2092 La ham Dr., Leland, NC 28451 72 1 WDB Developers, LLC 2096 La ham Dr., Leland, NC 28451 73 1 Luczak, Karen & Robert M. Luczak 2100 La ham Dr., Leland, NC 28451 74 1 WDB Develo ers, LLC 2104 La ham Dr., Leland, NC 28451 75 1 Liberty Homes & Building, Inc. 2108 La ham Dr., Leland, NC 28451 761 1 WDB Developers, LLC 2112 La ham Dr., Leland, NC 28451 77 1 Watral, Michael P. ETUX Brenda 2116 La ham Dr„ Leland, NC 28451 78 1 Evanko, Edward M. ETUX Kelly J. 2120 La ham Dr., Leland, NC 28451 79 1 Liberty Homes & Building, Inc. 2124 La ham Dr., Leland, NC 28451 80 1 WDB Developers, LLC 2128 La ham Dr., Leland, NC 28451 81 1 Freeman, Faith M. 2132 La ham Dr., Leland, NC 28451 82 1 Liberty Homes & Building, Inc. 1216 Slater Way, Leland, NC 28451 83 1 Liberty Homes & Building, Inc. 1220 Slater Way, Leland, NC 28451 84 1 Rei hard, Robert L. ETUX Deborah G. 1221 Slater Way, Leland, NC 28451 4 PHASE LOT # 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 WEDGEWOOD SUBDIVISION LOT OWNERS SECTION OWNER 1 Liberty Homes & Building, Inc. 1 WDB Develo ers, LLC 1 Liberty Homes & Building, Inc. 1 WDB Develo ers, LLC 1 Liberty Homes & Building, Inc. 1 Rasheed, Abdullah ETUX Zakia 1 WDB Develo ers, LLC 1 Clifford, Monica 1 Liberty Homes & Building, Inc. 1 WDB Developers, LLC 1 I nelzi, Peter ETUX Mimi L. 1 WDB Develo ers, LLC 1 Liberty Homes & Building, Inc. 1 Wu, Xiaoyang ETUX Jie Yao 1 Fleming, Michael T. ETUX Barbara 1 WDB Developers, LLC 2 Siebert, Daniel Wade 2 WDB Developers, LLC 2 WDB Develo ers, LLC 2 WDB Developers, LLC 2 Logan Developers, Inc 2 WDB Developers, LLC 2 WDB Developers, LLC 2 WDB Developers, LLC 2 WDB Developers, LLC 2 Lupo, Melinda 2 WDB Developers, LLC 2 WDB Developers, LLC 2 WDB Developers LLC 2 WDB Developers, LLC 2 WDB Developers LLC 2 WDB Developers, LLC 2 WDB Develo ers, LLC 2 WDB Develo ers, LLC 2 WDB Developers, LLC 2 WDB Develo ers, LLC 2 Wise, Marshall H. ETUX Gilda M. 2 WDB Develo ers, LLC 2 Batson, Byron J. & Jennifer N. Dikdan 2 WDB Develo ers, LLC 2 WDB Develo ers, LLC 2 WDB Develo ers, LLC 2 WDB Developers, LLC 2 Reeves, Michael R. ETUX Kandice I. 1 Tighe, Edward J. ETUX Jean S. 1 WDB Develo ers, LLC 1 11-iberty Homes & Building, Inc. i jGuy, William B. &Amy L. Dover PROPERTY ADDRESS 1217 Slater Way, Leland, NC 28451 1213 Slater Way, Leland, NC 28451 1209 Slater Way, Leland, NC 28451 1206 Slater Way, Leland, NC 28451 1201 Slater Way, Leland, NC 28451 1197 Slater Way, Leland, NC 28451 1193 Slater Way, Leland, NC 28451 1189 Slater Way, Leland, NC 28451 1181 Slater Way, Leland, NC 28451 1177 Slater Way, Leland, NC 28451 1173 Slater Way, Leland, NC 28451 1169 Slater Way, Leland, NC 28451 1165 Slater Way, Leland, NC 28451 1161 Slater Way, Leland, NC 28451 1157 Slater Way, Leland, NC 28451 1149 Slater Way, Leland, NC 28451 1140 Slater Way, Leland, NC 28451 1136 Slater Way, Leland, NC 28451 1128 Slater Way, Leland, NC 28461 1124 Slater Way, Leland, NC 28451 1120 Slater Way, Leland, NC 28451 1116 Slater Way, Leland, NC 28451 1112 Slater Way, Leland, NC 28451 1108 Slater Way, Leland, NC 28451 1104 Slater Way, Leland,_NC 28451 1100 Slater Way, Leland, NC 28451 1092 Slater Way, Leland, NC 28451 2005 La ham Dr., Leland, NC 28451 2009 La ham Dr., Leland, NC 28451 2013 La ham Dr., Leland, NC 28451 2017 La ham Dr., Leland, NC 28451 2025 La ham Dr., Leland, NC 28451 2029 La ham Dr., Leland, NC 28451 2033 La ham Dr., Leland, NC 28451 2045 La ham Dr., Leland, NC 28451 2049 La ham Dr., Leland, NC 28451 2053 La ham Dr., Leland, NC 28451 2057 La ham Dr., Leland, NC 28451 2061 La ham Or:, Leland, NC 28451 2065 La ham Dr., Leland, NC 28451 2073 La ham Dr., Leland, NC 28451 2077 La ham Dr., Leland, NC 28451 2081 La ham Dr., Leland, NC 28451 2085 La ham Dr., Leland, NC 28451 2093 La ham Dr., Leland, NC 28451 2097 La ham Dr., Leland, NC 28451 2101 La ham Dr., Leland, NC 28451 2105 La ham Dr., Leland, NC 28451 6'1 WEDGEWOOD SUBDIVISION LOT OWNERS PHASE 1 LOT # SECTION OWNER PROPERTY ADDRESS 133 1 Liberty Homes & Building, Inc. 2113 La ham Dr., Leland, NC 28451 134 1 WDB Developers, LLC 2117 La ham Dr., Leland, NC 28451 135 1 Blanchard, Claude & Patricia Novak 1204 Slater Way, Leland, NC 28451 136 1 WDB Developers, LLC 1200 Slater Way, Leland, NC 28461 1371 1 Liberty Homes & Building, Inc. 1196 Slater Way, Leland, NC 28451 138 1 Burrell, Deborah A.. 1192 Slater Way, Leland, NC 28451 139 1 WDB Developers, LLC 1188 Slater Way, Leland, NC 28451 140 1 WDB Developers, LLC 1172 Slater Way, Leland, NC 28451 141 1 Liberty Homes & Building, Inc. 1168 Slater Way, Leland, NC 28451 142 1 WDB Developers, LLC 1164 Slater Way, Leland, NC 28451 1431 1 Liberty Homes & Building, Inc. 1160 Slater Way, Leland, NC 28451 1441 1 Murnane, Edward L. ETUX Mary C. 1156 Slater Way, Leland, NC 28451 1451 1 Ruccia, Louis A. ETUX Jo Ann 1148 Slater Way, Leland, NC 28451 Johnson, Kelly From: Scott Kennedy[scott. ken nedy@capefearengineering.com] Sent: Wednesday, March 21, 2012 3:38 PM To: Johnson, Kelly Subject: Wedgewood Subdivision Name Change for Storm water permit SW8 031055MOD Attachments: Wedgewood Lot Owners. pdf Kelly, I am sending you the lot owner information for Wedgewood. Please let me know if you need anything further. Scott «Wedgewood Lot Owners.pdf>> H. Scott Kennedy, Jr. Cape Fear Engineering, Inc. Safety Officer 151 Poole Road Belville, NC 28451 910-383-1044 (voice) 910-383-1045 (fax) Notice: The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate, copy it in any form or take any action in reliance of it. If you have received this message in error please delete it and any copies of it and notify the sender immediately. v NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION Dee Freeman Secretary 1. Stormwater Management Permit Number: sws 031055MOD 2. Project Name: Wgdaewood 3. Current Permit Holder's Company Name/Organization: wDB Developers, LLC 4. Signing Official's Name: D. Logan Title: Managing Member 5. Mailing Address: 60 Gregory Road, suite 1 City: Belville State: N.C. Zip: 28451 6. Phone: 910 ) 452.7175 Fax:(_) II. PROPOSED PERMITTEE 1 OWNER 1 PROJECT 1 ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) ❑x Change in ownership of the prope rtylcompany (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: Lanvale Owners Association 2. Proposed permittee's signing official's name: D. I. Logan 3. Proposed permittee's title: President 4. Mailing Address: 60 Gregory Road suite 1 City: Selville State: N.C. Zip: 28451 Phone: ( 910 ) 452.7175 Fax:( 5. New Project Name to be placed on permit: Please check the appropriate box. The proposed permittee listed above is: x❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) ❑ The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending safes agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) SSW NIO Change Rev15Feb2011 Page 1 of 4 MAR 19 2012 BY: Ill. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processin delays or denial of the transfer. 1. This completed and sianed form. j, rs eerti ica ion must be comgle ed andrsigned b�bollhTtM 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. 0 Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. I, D. Logan (wDB Developers, LLC) , the current permittee, am submitting this application for a transfer of ownership for permit # Sws 031o55MOD . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. _ Signature: H. Scott Kenned North Carolina Date: 3 —/41 -1 Z a Notary Public for the State of of New Hanover , do hereby certify that D . Logan personally appeared before me this the 16 day of 20 12 , and acknowledge the due execution of the forgo' instrum nt. Witne s my hand and official seal, �.,r.�(Aicae�4�.•-.� OFFICIAL SEAL a ar Si nature Notary Publk - North Carolina Y g NEW HANOVER COUNTY (PH. RECEIVED SCOTT KENNEDY, JR. MAR 19 2012 SSW N/O Change Revl5Feb2011 Page 2 of 4 BY: V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, D . I. Logan , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) 7the most recent permit the designer's certification for each BMP x❑ any recorded deed restrictions, covenants, or easements ❑ the DWQ approved plans and/or approved as -built plans ❑R the approved operation and maintenance agreement epast maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. i acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this applicatign package will be returned as incomplete. Signature: S Date: 3 -1 , — 1 z a Notary Public for the State of North CarQjina County of New Hanover , do hereby certify that D.I. Logan personally appeared before me this the day of aAyA _,. , 2012 , and acknowledge the due execution of the forgoina instrument. Witness my hand and official seal, OFFICIAL SEAL )Nomh Carolina Not ry ignaturIM4 t' �EIR COUNTY H. SCOTT KENNEDY, JR- Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee / developer and the property owner will appear on the permit as permittees. RECEIVED MAR 19 2012 SSW N/O Change Revl5Feb2011 Page 3 of 4 BY: V1. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections II and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: Mailing Address: City Phone: Email: State: (if different from street address) State: Fax: Zip: Zip: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature SSW N/O Change Rev15Feb2011 Page 4 of 4 (Notary Seal) LB ECF ICV =.,..jYMAR 19 2012 : r a ` f t ' a '` c�w 3 031 dss 91crzww000 @dKr4ce (j 10M01HIM59 Hoot 20UBPage 460 RET IDTAI. RZY TC�_„ LS REC*j _CKAMT—GK#— CASH,�„ REF 3 SY DECLARATION OF PROTECTIVE COVENANTS OF LANVALERESIDENTIALP.ItO MUY STATE OF NORTH CAROU NA COUNTY OF 13RUNMCK THESE PROTECTIVE COVENANTS, made this tbo l0l' day of September; 2004, by Lanvgle Corporation, a North Carolina corporation, its suwAmm and assigns, whether one or more, herenr Rl w referred to as 7DECLAR0NT"_ 1'trMM29-1u: VIBEREAS; DECLARANT is the oW= of bbttain rW property in Brunswick County, North Carolina, which is more pardouW- Y described as Wedgewood at Lanv4z Please 1 in that map recorded in Map Cabinet30, Page 538 of the Bmnswick County kagislty, NOW, THERE ORE, DECLARANT hereby declsrzs that all of the pr6pordes desadbpd above and any additional property subj ectod to these Pmteetive Covenants by Supplemental Dedmvfan Shall be held, sold acid conveyed subject to The Planned Community Acf, sot fnrlh in Chapter 47F of the North Carol eneral Statutes and following cnwmeuts, rest ictiox, covenants and conditions, are ctng the vahm and deshabiltty 4l; and whichehall narvrith the on ale parties having stry right, title, or interest in the desmbed prop , Sucoessora and assigns, and shall inure to the baneirt of each Owner thcreo ARTICLE I De9nitions Section 1. Articles shall mean the Articles ofinoorpaudiota of LANVALB OWNERS ASSOCiAMU Section 2. Amwd&i1 shalt be used to mean and refs to I.ANVALR OWNHU ASSOCIATION, a private non-profit corporation farmed onto be farmed by the DECLARANT primarily as a Homeowners' Association for the property owners in tine residential community, all ofwhom shall beMentbersoftheAssociation. Section 3. Byl means ft<e Bylaws of L ANVALE OWNERS ASSOCIATION. Section 4. 4'aam m Blom" shell moan all realproperty and fadlitibs owned by theAssoeiationfor the conunonuse and cstj mentofthe Owners. section S. Common }?rtnaraes means and iuclvdes actaal and estimated coMms of isinmining and operating the Common E amerrts, including Stomiwaier Retenfiab Facilities, Conservation and Buffer Arras and Landscaped arms within road right of ways and operat1bg fire Association for genen� purposes, including airy izisnranee; reasonable reserve and utilities, as maybe fbundmamwary and appropriate by tho ExeautiveBoard porsnant to these RECEIVED MAR 19 202 BY*, 0C�& Inert 8 22%59 HoA.2MBDage: 461 0 6 �... . — — — —. — — — — — — —-xoteetiue coven yla 'clas ef1acotp mfion a£thoA=odfftianjndudfng— tree following; a. All sums iavvhN assessed by the Aasocie@un seahtst its meurbem; b. Expenses of adminimr ion, mabitwmae, repair or replacement of the Ca== Elements and the sto=ivater system; C. Expenses declared to be Common Expanses by the provisions of %= Protective Covenaaft or the Bylaws; d- Expenses agreed by the mcanhets to be Common Expeaaes of the Association; and e. Any ad valorern tuxes andpublie msessnzats levied against the Common Elements. Section6. P shall be and refartoLaaveleGerpmzum,aKurt Carolina co¢poralion, ita sucoassors and assigns, if such sucressare or assign sbould acquire mote than owe undeveJopadLot from the DBCLAILANT for the purpose of development. section 7. J3Xc utfve Hoard shall be the elected Executive Board goveming the Asmriadon and managing the affairs of the Association. Section S. L.U&A Common Erneutrt shall mean that certain real Property and facilities intmnded for the exclusive use or primary heneEt of one or more but less than ali of thel ots as shown and designated on anymaps of sections of the Subdivision which era or may be rwwAed m the Bnmswick County Registry or which maybe designated in any amendment to the Protective Covenzais annahg additional prop aties. Section % • LilPL.tad Common Enymes shall mean and include actual and estimated expenses ofmaintaining, operating, repairing, and replwr uz the 14mited Common Eleturats, inahi ng imuraace, reasonable reserves and utilities as maybe farmd ne=wwy and appropriate by tie Executive Board pursuant to teGtiDe Co ylaws and the Articles of Hrcorporatiom of the Asscoislim for the b o on Eemems." Section 10. W shall mean and O as shown on the plot of WMGBWOOD AT LANVAL13 PHASE 1 recondcd as the Brunswick CountyReeistry togolawwfth the single family structure or dwelling, snd any othernnmbared lots which maybeshmm on maps which maybe reseeded in the Aitme showing additional seetiopa of Lan%We end which are sanexed ift the Subdivision in a erordmrtVftAriiele 3, Section 1 and Articlel tl. Section 11. Member sba11 mean and reek to each end every pwsan and entity who or whielrowna a Int in IANVALE SUgDMSffiN. Seeder 1Z ho shall have the meaning set kalb in Ctrdpter 47F of be North C wnlara General Stahrtas and in addition shall also include violations of Article 6, Section IQ, Article 8; Article 9, Sections C 7 and 86.; and Artirle 11 herds. Section 13. Drvrsmr shall mean and mforto the record owner, whether one or more persons or entities, o f a fee simple titre to eery t of wbicb. is a part oftbo Properties, iaehrding catdreat eollers, but mWading those having snchurtnsst==r1y as secadty for thaper4Drmanco of an obligation. Secd on 14. P, ereoa shall metes and =fcr to an individual, cmpoca icm, limited lfabMty company or partuarsNp, partnership or limited partnmft. amidedon, trustee, or other k8al entity. Secdan l5. Omn nx= mad rdar'tn drat cartainreal property which is described as Wl9GRWOOD AT LANVALE PHASE 1 in that map rwoa3ad in Map Cabinet 30, rage 538 of the BrwisMck County Registry and such additions 1hereto as may he=11arbe • s srm2 2 FfPgo;"659 Book 2000ag 462 ftiic`AssocOia _. Saa ion 16. Pmtzcbve Covaumfs shall mean this ieshvmeot as it maybe from. time to time auamdcd tosupplemaeted. Sxtion 17. �4 mama ell of that ragpropmtykaown collectively as LANVALB SLIDLV SMN as shown on ilratmap momled in Map Cabinet 30. Page 536, of the Brunswick County Registry and all maps which may be recorded in the fawn showing additional sw5om of LAWALE and vNch are annexed into the S&4ivision in acoort}arroc with Ardrit 3. Serctierr l and Article 10. ARTICLE 2 progcrtyHics Szoon 1. 0wucd Eascme z% DfBnicynterrt. Every Owner shall have a tight and eas==t of enjoyment in and iv the t: omunon Elemeft and every Owner whose L.t has assigned to it a L9milnd Comm= Elmuxt sballhave a right and easement of erdoymentm and to the Limited Common Eeromu which shall be appurtenant to and shall pass with the tigo to every Lot, gub�eot10 the followingprovisiow: a. The right to the Aasncieftu tolimit the muuber of guest of Memb:r, b. The fight of the Association to anapead the voting rights end right to use Ste Cazrmran Eemmu and the Limited Common Eltmemts and the r=tatiorral f c-Iti es by an Owner for any period during which any assossmart sg»rst his La remains unpaid; and fcr a periodnot to exceed sixty (60) days for may infraction ofits published rules and regulations in acacrdancewffi that pro mdurs set forth in Article 11, o. The�}�ht of the Association to dedicate or transfet' all or part of the t.omtilarreuts and the4eomman Elmnt:nnts to may pnbtic purposes and aubjxx m 0such e y rise Assoccahan; d Mir iigitt of the Assoc 4jnntilate, publiab and ea Wme Hiles and regulations for the use and enjoyment of Ste Common Binments and the Limited Cornnam Edsrnents umdimprovements dhemaa, whit regulations may flu tl= restrieMo use offie Common Elgin m* and the Limited.CommonElcments and thexight of1he Association in accordance with the proc edwa set forlh in Arti de. 4 to establish penalties far nnyinhactimw tb teot: e. The right of the Anaciatton,'in awmlancowith its Articles and Bylaws, to boimw munoy forthe purpose of improving the CwnmanMmacnis and f Limited Capon Elements ®d carrying out its maivtr nw= respor inb lities and in aid tkwoofto mortgage said property, and the rights of aucb mortgages in said prope;rif es shall he wboviinate to fhe righta of the I& Owners hcresmder. i Easemeom as provided in Article a hello£ . Section2. Dzfn�gon+}fi7se 0wacrzaaydclogate,inW-Mrdauocwi1hthe Bylaws, his light of enjoymart to the Common Eleanema and, if applieablo, the limited Common Elements to the Members of his feu 4, his. tenants, or cmdraet prrtcbasae who Teeids ou the Property. Section 3. CW=M Tbc Cmm mn Elements cannot be mortgaged ar r onveyu3 without the owisotrt of at]east eightypemeut (S0°A) oftha Owners, wxxMt4jLt owtvcyanee of amtain perliong of f3e > amman aroas to goaect augment of fight of WWA, paMft" 3 r Irk 4.228ti59 w outer devr10 entmatteas maybe amo lashed b action of the Board of Directors o — Asaorlationifpeunined by the Planned Community Ant. ARTICLE 3 Section 1. The DECLARAANT hereby resmw the right to annex and subject to these restrictimm thereal property which Jr. located within a 1 mile radius oil and is adjacent to and eonfigemus with that property described in MV Cabinet 30, Page 538, of thu B=miok County itegistry, in order to =bur d the sA®c ofibeso Protwbve Covasarrts to other property to be developed and themby bring such additional Pmptrtiea within the jnrredictiem ofthe Assar atiott BacAaddifional parcel or tract of land, with the impnvemcnte thereon, onto beplaced them, which is suh ect to ihesePrvterfive Covenants shall ba designated conseevtively as "Sootion 2" , "Section 311, end such other sinular designations bor any additional pbaats added. Section 2. The rigbta raverved by DELI ARANT m Section l and all annexed Sections reelect tl5eright w chaagr, elttx yr debigoste I.at(e},roads, utility and drainage facr'h'ties and casements, and to change, alter or redesignate such other present and proposed amenities or ilreilhies as may in the sale judgment ofthe DECLARANT, be necessary or desirable. The rights reserved in this Section spccifrrally include the nghf of DECIAI AM in redesignate, d ange, or after any platted Lot(G) into mad(a). ARi7CLE 4 Section 1. 13ascraents are reserved as nesaessary tribe Cornman Elemacnts and the Limited. Comm= Elements for installation and maiatcomwo of underground utilities, drainage facili w and signug,~ Section2. Every Owner of a Lot wi the Subdivision, as an appurtenance to suchInt, shall haft apeapetoel eammenni ovrr andup Common El the Subdivision for each and every purpose or use to which intrudtd as deternrined by their type. or forwbicb such Comm ice, b� rot limittdto, easamaat of excess, maintenance, r e mmo E mr ab. Such cw=crb shall be appurtenant to and shall pass with the title to a within the Subdivision, whethrr or not speciffmlly imcluded in a deed thereto. Beery Owner of a Lot wzftme the Sub divkJon which is assigned to & Limited Comm= ElenzoN, as an appurtenance to amah Lot, shall have aparpetnal easement over and upon such United nited ComtnonElmnente fur each and every purpose or use to which such Limited Common $lemes is is intewlad by its typ e, or for which such united Common Elements is gmeraIly MsK inrr6uft but not lhoited to, easement of access, maintenance, repair or replacement o£smmb Limited Coamton Elm eats- Such easements sltiallbc appurt=mt to and sW pass with the tite to every Tot assigned to suob Limited Common Hlgmen% wbdlvr or not sp=Mcaily inob ded in tine deed &arvto. Section 3. The AsseaciationhereineftermaySmot manroents forudWpurpoeoa for jhd benefit of the Subdivision and the Tots now or be rmfter located thereon, ovM under, along and tbmugb the Catnumn Elements and the Limhod Common Elements m�__hownvet dw no such gant of ens :merit shall hm amatedal adverse effect on tht use, eWoymmi or value of any Lot, Swiien C Any Owner may delegate, in awordance with the rules and reg¢fation% bia right of ujoymentto the Common Elements and, ifappHeehie, to tha Umhad Common: - Blemeub, to the members ofhis A=ly, his tenant; and contract pruchaaers who reside on the FropolY Section 5. Hascm r6 and rights of way over and upon the reu, front and Side tea (10) feet of eacb %ot for drainage and Qrc installation and maiw=anoe of utilities and services are reserved to DECLARANT and its succeoors and assigus for such pnrposea as DECLARANT may...., .. _. . down incident and appropriate to its overall developm ea plan. The easements end right ofway PYE � # 228b.. z � a —�--------•---------ereasresosvcdbyDECl.7iit�N'1''on�iat-pnrsumLtheretoshallb�� ]ty�-- -----_ -------- the Owner, but no structures or plantings or othermatc6al shall beplaced orparrniW to ree upon such areas or other activities undatalcrn thereon wbicb may damago or interfere with fhe iastallad pn ramaintrnaaoe of utilities or outer services, or which may retard, obshvet or reverse the flow of water orwhinh may damage or interfere with established slnpo nzfios or create erosion problems. Improvements within such aroas also uhail be main&zad by the respective Owner except those for wbicb apublic aulhority or utility company is respoasrbla, These easwneots and rigbts axprresly include the right to cut any trees, bushes or shmbbary, make any gradings of the soil, or to take any offier similar action reasonably neca ary in the opinion of tiro DECLARANT to provide an economics] and safe installation. The DECLARANT shalh:"f no mainimaucc responsibilities fn- such easemcut Boas. Section 6. Rvery Ownet sbaD have a right and easemet of eojoymant iu end to airy and all other Common Elements which are owned or leased by the Association forthe eatjoymaat of the Owners; this right and easement o f enjoyment shall be appurteenni to and shalt pass With the title to every LDt. Secion T The zi ghts resttyad byDE.CI,ARANT in Article 3 and allanwed Sootions it ] de the ri,ghttu change, alter or designate,Lots, road%, utility and drainage facilities and easmica s, and to change, altar or redesignate such othcrprasant and proposed amenities or facilities as may in the sole judgment of the DECLARANT, be naoessary or desirable, Rapt as allowed in Article 3, the DECLARANT shall have no right to cbeng% alter or rednsiguata the charades of the use of the lots within the Subdivision. Section 6. An easament is hereby granted to allpolite*, fie protection, ambulance and all similar persons, wmpanias or aganoles pmfmTa ng emergency sarvi =s to eater upon the Lots, Common Elements and Limrifed Connnon Elements in the performance of firer duties. Section 9. The real property in this Subdivision is subject to a contr ct with Progress B=gy far theinstall atkm of uadergrouud electrical des which may require am initial contdbution rmdfor the installatian of street lighting, wbioh wM subject each Owner to a continuing montitlY paymmttc Progress P.nargy. ' ox ter 10. An easement is hereby established over all Lots, Cora man Eleureats O Element; for the benefit of applicable governmental agencies far the sattiga f rnmtFw:dimg of watermatets, mainlm6ng rind replaftwsier, drainage and drainage ling, law cnf==aot, garbage colloation and tine dalhvmmg of mail. Sccfion 11. An exalusiva easement is beroby established in favor of DENT over all Co=on Elements and Tanned Common Element& for anness to 4aeent WTerties for the purposes offotmr devtloprte nt and the installdion of straits and public utilities, and =qnim development facilities. Scotian 12. DEC1 AILANT reserves the right to grrQmt an cammeat for ingress and agress to adjoining property own= over the roads of Fanvala S ubdivslon. Section 19. All ossemen% imd rights described berein are caseanafs apptupmwt; rtmttg with the land, and sbalI inure to thebrzefit of and be hbxft on all undersigned, its saris ra and assigns, and any Ore , purchaser, Mortgagee and otherptison bavmg an interest in said lend, or any part orportion thereof; regardless of conveyancG or in any mortgage or trust deed or other W drace of obligation, to the benaiit of and be binding on the undersigned, its ' sacoamors end assigns, and any Owner, purcham Mortgagee and other person having an fibrask inlaid land:orr any part orpm im thr� regardless ofwhcg= or notzeferenee to said eaaemeat is made in the repective: deeds of conveyance, or is any mortgage or trust deed ar ofbar vAdrsree of obligation, m the easammts and rigiris dwWbed in these Protective Covenants. ez= a n n Q ��� 2ZB659 Book 2W Page: 465 ----_.._.....------_......-----••------------�----LJ�AR scree...•---_.-_.__..._....._.__--•-----._._____.__ ._ g Saotlen 1. pA[RDs An AnsociatImnemed LANVALE OFEr2+7ERs ASSOCIATION hes been or will he formed purmrant to the reguirenxtnts of the Nonprofit Corporation Act (Oster 55A) of the General Statues ofNorth Carolina. Its purposes Mtn own, manage, maintain and operate the Common Elements and facilities located upon tics Common Womants, and Limited Con rnon. Elements and faciiitias located upon the Limited Cowman Elements, Conservation, Buf%crAmas, areas with similar designations and landscaped areas within egad right of ways; the stormwater rrmoff sysic a, sign easemtats areas, and fevers or other propertymaktained by to Association to enforce the protective Covenants contained hcarau, and to make and enforce Hiles and regulations governing the Owners' use and occupetl on of Lou. Soctkm 2. Ivlernb-=Wn. 1?vary person wbo isrecwd 0wnca of s fee orwrdtvldc4 The interest in any Lot which is aubj oct by covenants of record to assessment by the Association, including contract sellers, but cxduding persons who bold an interest manly as security for the pmfa memcn of any obligations, shall be a metmbar of the Amxiatioo. Owncnbij> of such interest shall be the sole qualification far such :nestbwJiip; there aball be only one vote par Lot in such Association Membership shallbe appurtenant to and may mot be separated from ownership of my Lot. ne 1?ateeuttve Board may rnAc reasonable rules rcgardingproof of ownership. Section 3. Voting Ridsts 'she Association eehail have two classes of voting memberships S. ass 'A". Class A Members shall be all Owners with the exception of the DECLARANT and shall be entitled to one vote for each. Lot owned. When mina than one person holds an interest in any Lot, all such persons shO be Members, If only one of the mWf3ple owam of a Lot is lz=ant at a mexting of fhe Association, tbes Dwner who is present is =titled to cast all the votes allocated to that Ut. If more than one of the multiple. owner are present, the votes allocated to that Lot may be cast only in accordance with the agreement of a majority in nttaost rite makple owners. Majority agreement is conclusively p ed if nary o mukiple. ownen casts the votes allocated. t protest being made to thepersaap'" eeti ofthe other Owners of the Lot, b. Qw"B". Class B Mamber(s) shall bathe DECLARANT and shall be eatitied to nonce (3) votes for each Lot owned- Ube Class B mcn*a ship shall erase and be corry o:d. to Class A membership on the happeriing of either of the+ following events, whichaver occurs earlier: (1) Wbcnthe DECLARANT owns twenty -Ave percent (250K) or less of iheplamied residential lots in the subdivision, including any property which may be annexed to the ssnbdivisirm, or (2) On December 31, 2030. Secdon4. Only tbosaLot Owners sulrjeotto assessments under Article 6 Section 1.a(1) or (2) sball vote on 1&mes affecting such anzanenta or pWaty subject to sack assessments. The number of votes required cm say issua shah be the stmo as ragaired for rmmparsblu votes ctr issues a$octiugaaneral awassme nts or Common Meme». Section 5. The DECLARANT shall have the ri& to appoint and remove the members and offnoars of the Exea Live Board imM (1) Dw mber 31, 2034 or Cu) the DBCLA t.ANT turns comb W of fix Association over to the Gass A lAmberr, or (1) AEGU,ARAN T awns twenty-five paceut (25AA) o2less of tree planned residential lots in the subdivision, whichever rust occam. smn • 6' N,_�9 stream M= __------Sectrpn.6,-. -The Association stia]f�K�yCtIiefn�—...-----. —.— -- a. Adopt and amend bylaws and Hiles and regulations; b. Adopt and amend budgeta for revenues, expeaditnres, aadresetves and collect ampsments for common rvtpe w firm 14 Owners; c. Hire and discharVznanagins age tr and etttermnployeos, agents, and independent contractors; d. Institute, def red, orirrtawano in litigation or admimstr6ve proceedings ca maners of m ing tho planned community, e. Make contiscfs and inour habdities; i Ragulata ihousc, maintcuance, repair, replaarnent and nnidificafion of Conmon Elements; g Cause additional hoprovementa to be made ss apart of the Ca m=n El®ents; IL Acquire, hold, encumber, and conveyinits own name any right, title or interest to real or pessonal property, provided that Common llcoarnts may be conveyed or mlt ected to a occuritybtmast only parsuantto applicable law; i Grant cmc%n=ts, leases, licenses, and concessions thmugb or over tl= Common $laments; j. impose and receive any payoxmIs, fees, or charges for the usc, metal, or operation ofthc Comore Elanents and for services provided to Lot Owners; X Fmpose reasonable d u ges r late paymmnt of essoasmGn Md, athrr nQtloe &� as oppeitanity t4 be }resod, suspend privilo � Cruises pro Assocratrms (prcnept righia of access to loll) daring any period th eudmmt& due and owiug to fae Association ramatn unpaid for aperiq¢ p� ong� 1. Impose reasonable fmsss or suspend prfvIlegax srr s prwidrl bytite Associafion (w=pt rights of access to lots) fo. reasonable periods for violations of the Protectivc.Covm=% Bylaws, and Rules W Regulations of fo Association; In. Impose reasonable charges in wnnection wld►the preparalimud remrlatian of dommcats, including, witlica limitation, amendm cuts to these Protective Covenants orstatazornta of mrpeid assessments; n. Pmvidefor &ciM-r-i atiomafaadmaintainh'abilityir muemce forits offic as. BxecutiveBoerd, directors, employees and agents; D., Amiga its right to Itum in=; inaludmg the right to receive . common expense eeaeasmenta; P. xrterciw all wither powers dwt may be cxm viwd in this State by legal Betimes of the samGtypc as the Association; end q. Bx=iz any otherpowan nwese" and proper f.'or tho sovea=co wed aperafian ofthe Amciadon. Section 7. on . Tha Common 131==ts and Limiled Cron 2iieimrattsmaybe mortgag orowveyedasr-p&cdorpermittedbylaw. Snotion S. ManasremenC aril AddriAFrntatlon Morawaganicatend- admiaiah on of the Cam n='Mcz cots madLin#nd Cornam Blammmts oftfie Subd4vicion and R932 7 2 ��g`r 0 U � Inst t# 2'18699 Hoot a00t1P�e: 467 - -_ • - _ _ - - _ _ _ �. _,_ - -- _ I� a Sole riaw ght and regwn9biHiyoftbe Association' Tin-minagement shall be oaaied out in 'th the terms and conditions of thProtec ivo Covenants, the Articles of Incorporation and Bylaws ofilte Associ abon, but may be delegated or contracted to m mgx(s) or a managernant service, Section 9. AssiMMMt to Association. AN water, sewer, land use, stormwater system, and utility pe=its, agreements and eaacmants between DECLARANT and snymunic* or govemmcntal agemy ar depattrncut or public orprivate utility earnparry shall be assumed bythn Association upon the assignment of all suchpermitr, agreements and easereants to the Association byDBCLARANT. ThoAssociation shall thereaftbazwponsibloforand assamreall dune, obligations, and rights and privilagas ofDECLARANT under such permi'tts, agre meats and easegrenta, including all nwinterumnee responsibilities. ARTICLE 6 Coymants far Awmmentg Section 1. _ -onafihclieaand�gW Qbhz1&uofAssMMmfs. The DECLARANT, for each lot owned within the Properties, hereby covauants, sad each Owner of any Lot by acceptance of a deed thetnforr,, wheq#Q or not it shall be so cxpressad to smeb deed; is deemed to coveneml and agree to pay to theAssociatioa; a General assessments or obarges for Com=n Expenses, and b. Special assessments for capita] improvements, or special assessromig as established by the Bxecative Board, and c. Individual assessnrerds against a specifle!at or Lota or Property: as follows: (1) for the payment of Lindtod Clove nrur Bxpemses associated with the maiatcnamoe. repair, replacement of Immited Common Elements as defined in ARTI= I herein against the Lot or Lots to Which that Zamited Common Elements is assigned; or (2) anycammon erpayn orportion 9rereof bmefting fewer thorn all of tine Lots' cr the costs incurred in bringing the Lot or or Limttsd Common Elements into compliance � Protective Covenants, the Articles, Bylaws or lJ� l a ors ofibe Amodafcm caused bythe faihm of G s agents, lessees, kmitees, guests, er imviteea to COMP with such provisions, including without limitnfion, any acts of negligeuca or Misconduot The Association, through its Exeautiva Board, maypwfmm such required tasks orramedy such matter, or assess a fine for such failmm to comply and may levy the cost of sucb fine, pdiarmance, or remedy against tare Owncr+(s) and the Owners' Lot or property as an individual aner:G Individual Assessment levied under (1) and (2) herein abalt be equal as to sA Lot abject to snob atisessmeot The general, special and individual assessments, together with fees, charges, late clrmges, PCs, outer charges, permitted hereunder or nmder Cbzpter47F of the North C"arolma General Statutes, irderrst, casts and reasauabk attarney's fees, shall be a charge on ttia Int and shall by a cun&tting lieu upon the Lot against whiDli each assessment is made. Each w oh assessment, together• with interes4 costs, late fees and reasonable aftmeys fees, shall also be the personal obligation of the person who was the Chum of such property at the time When the assessment felldun The personal obligation fardelinqumt assessments shall not pur, to any successors in title =I= specifically assumed by them. PROVIDED, t$e DECLARANT shall not pay tars: gwaral meat far any of its unsold Lots is Lanvalw T)w DECLARANT. however, AQ until such time as it no longer controls the Amociation Board ofDhectom; or, in the exercise of its sole dismidon pays assessmw= on unsold lots, pay the difference between the amount of astse mumt. collected on all other Lot subject to assessmsent end the aummtof actual espeaQitvrrsa by $ro Association daring'Hre fiscal year. stsax ti InSt: 4 220659 �oolr p (0 _ ..Section 2.. Purpose afAcsessmentn: The asaesspzeatsh y the - -- - - - - - - - - shall be used exclusively ialtmmoto tltererroation, health, aafcty and welaarop fife residcrds in rhePropetties and for the improvcanenis and maintena-tee ofthe Common Elements and Limited Common glements and to pay the Laces and other mcnicipal charges or fees of the Common Blernaft and Limited Common Mc:rnants. Section 3. Tortes! Qearxal The initial gwmral assessmoot, due and payable to the Association, shall he prorated sadpaid Who time of closing of the purchase of a Lot by an Owner, so that all payments thereafter shall be due on January 1 of each year or the due daicts) whicb may be set by the Executive Board as is more ALHy set f bilh in Section 6 of this Ardcla. All general assessments shall be fixed to a tmifw= rats for all Lots. Seaticn 4. �tal�.for Capital I Myrugants. in additim to flee •gmcral assesses authorized above, fm Association may levy, in any assem oat year, a special assessment applicable to the year only for the purpose of defraying, inwhole or inpert, the cost of any construction, taconstruction, repair or rep3aremcot of a capital improvement upon the Common Elements, including easement areas, fixhrms, and personal propctty related thereto provided that any such assessment shall have the assort of the majority of the votes of cash class of Members who ere voting in person or by proxy at ameeting duly oallod for thin purpose. Special assessmems for fire maintenance of sewer lines and othar Flemeats of the sewer system, the . . . . drainage and slanctwater runoff systems, and oilier utility systems, as required by govetmmeut peariits or mpalatiom maybe assessed by the Executive Board witheut a vote of themembers. All special assessments ibr capital improvements shall be freed to aunfform rate for all Lots In addition in the general assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to the year only for the purpose of defraying; in whole or in part, the cost of any constrncdon4 reconstruction, repair orreplacemettt oft capital improvement upon a Limited Common Moments, including easement areas, fixtures, and personal property related therdo provided that any such assessment shall have the assent of two-thirds PJ3) of the vatrs of those Member; whose Lots are assigned to the Lintftr4 Common Elements who arc voting in person or byproxy at a meeting dilly called for this purpose. Special assessments for the maitrtenanc a of sewer tines and other elements of the sewer system, the drainage and starmwaterr®off systems, and other utility, located in a Limited Pommou Elements as required by goverrrnent permits or reguistia be asscsse Board without a vote of the Members All"special asseasmetrts } edits to such Limited Cmunon Elements shall be fixed to a uniform gr nitrd CDMMGE Elements, SezLion 5_ WoWnrt Cannot Assessment At the time title is eom�eyed to an Owner by DECLARANT, each Owner shall contribute to the Association as working capital an mwunt equal to the amount of one year's grnaal assessmcut. Such fends shall be used for initial operating and capital expenses ofllteAssociation, such as prepaid iirszee, supplies, and the Cc cm Elements, Ramishings, and equipment, etc. Amounts paid into the wot'ldng cqw ilind an not to be ocasidemd as advance payment of regular asoessrnew& All wodkig capital fimdg aball became part of the general operating fiends of fit: Association. SwAion 6. Notice sad Onrmim for anyAeiion AuPnljz4 Ibder�$ecfim 4. Wattrn notice of any meeting called for the purpose of taking any action authorized reader Section 4 shall be sent to all Members not less than ten (10) days nor more than sixty (60) days in advance of thA meeting. At the first such meeting called, tbepre m= ofM=Bcm m ofpmxies ;rdtledto cast tea percent (100%) cf all the votes of each class of membcrabip shall eorstitt±a a quml= 7110 requited guorum at any subsequent meeting sball be oae-half (D2) of the required quorum at the pmcedingmeetmg. No sueb subsequent meeting shah be held metre than sixty (60) days fallowing theptccedmg> . Section 7. Date�fDommcnarmeut ofGaneral Assasaments and DteAatea 7ho general esseaments proviW for harain shall commence on the date of canvayance of each rat to an Owner other than DECLARANT. The first general assessmennt shall be adjusted wording to the number ofmonthsrem alinginthe calendar yom TbaExecutiva Board shall&the amcneof the gertxal assessment against each Lot at least thirty (30) days in advance of each general - maarmeatpedod. The budget WmUbet presented toIbeMembers inaccoidaacewith l+l.GGS. _..... ...._...-- ¢47F-3-103(c). Written notice of each general assessment shall be gent to every Owner subject start Itn3t # =659 Book 2DOM retinue Boffid" The Executive Board shell rogLim the genmW auwsA=enta to be paid at ually, but mayraluire the general rrssw=io its to be paid more often. The Association sball, upon demand, and for a reasonable rbarEA famish a certificate signed by an officer of the Acsociati on sedting forth whether the assmm=ts on a specified Lot bavt been paid. 469 Section 8, Fact olonoavmet ofAssassments atx3 Rarnedies oftbe AKqpMpn, Any ii=wrrmn if not paid within thirty (30) days after the data such assessment is due, wgethrr with interest at the maximum rats allowed bylaw, costs ofcoilection, court costa, late rharges, charges forreasonable attomey's fees and other chargespernvttedby statute, including fees, charges and fines, shall constit ate a lien against the Lot upon which such assessments ate levied upon filing of record notice of the same in the office of the Clerk of Superior Court of Bnmswirk Caunty. The elahn of lien filed under this Section shall set forth the name and address of the Amzd ation, the name of therecord owner of1be Fat at the time the claim of lien is filed, a description of the Lot, and t1:a amount offfre lien claimed. The Association may file a suit to collect such delinquent momanrents and charges. The Assnciationmay EeNotice o£L's Fes, bring an action at law against the Owner personally obligated to pay the same and/or bring an action to foreclose the lien against the property in like mariner w a mortgage on real estate under power of sale under Articl a 2A of Cbapter 45 of the North Carolina General Statutes, No Owner may waive or otherwise escape liability for the ameanc ots provided herein by non-use of the Common Elements, flit Limited Common Blemmift or abandonment ofbis Lot or for any other ru=L Costs and reasonable affamey's ferns shall be awarded to the prevailing party in any senor brought pnrt:uant to this Article. An action Brought to enforce alien pint to this Article mast be inAtutcd within three (3) years afta tlm docketing of tine cWz n of lim in the Office oftho Clerk of Superior Corot of Brunswick County. The Association, upon receipt of written roquoet, shall tnmisb to a I.nt Owner or the Lot 0viner's au iorired agmts a afatement svttfng froth the amount of unpaid asscsounts and other charges against a Lot. The staters shall be hmished within ten (10) business days aft receipt of the regttest and is binding on the Association, &,Bxvc tt va Board, and every Lot Owner, Ulm Executiva Board may establish a reasonable charge for preparing the statement :squires in this Section. M499. Qi3hnrd . ati , The lien under this Article S is prior to all liens and am b (i) liens and maces (gmdfiwHy including, but m trust on the Lot) wearied before the docketing of the claim of - `�etior Court, and (ii) Tierra for real estate taxes and other goverramm�tal asswsmen es against the Lot This subsadion dots not affect the priority of me hm*s' ar materialmmn s liens. Where the holder of n first mortgage or fast deed of trust of record, or other pu=baser of s lot obtains title to the Lot as a result of foreclosmre of a first mortgage or feet dined of tnnt, such purchaser and its heirs, ameamors, and assigns, shall not be liable for the assessments against such lot vvWeb beciant due prim to the acquisition oftitle to such lot by such purchaser, Suety unpaid assessments shall be deemed to ba common expenses collectible from the Lot Owners including such purchaser, its heirs, successors and assigns. Unless, -otherwise provided herein, the sale orbmisfrr ofanyLotpumnant to mortgage fnmlw= or any pmcepding in lieu Arww$ shall extinguish then lien of such assessments as tapayrncnts which become dueprior to such sale ortransfer. No sale or fransfer Oa relieve such Lot from liability for any assessments hereafter becoming due or from the lien thereof Section 1 O. )N;Wt Pmgr y. All properties dedlcetedto, and amaptcd by, a lose! public =fix ity and all Properties ownedby a charitable ormpprof t organization exmript from uumdmi by the laws ofthe State oMorth Carolina shallbe exempt from the akwasmmts created heroin, exceptno land or improvements devoted to dwWling use shall be exempt from said assessments. Section 11, ,SwluaFunds, Any exc%sofassociationincomeovcrCaanmon Expanseea, which expanses are defined in AIMCLE 1. Section 5 and which shall include ms=eble reserves, strati be applied against Ore cnbscgaerd tax yWs general asseamitrtts. xr #: - - - - - - - - - - - - - ARTICLE •7• Section 1. Na t+tirrcttnos, buildings, or imptavemettts s1m11 be r�nmennr' GbGted, or maintained upon the Properties, nor sball any oxtrrior addition to or change or alteration tbo t in be made, including ehange of color, until the plans and specifications showing the nature, kind, shape, heights, materials, and location of the same shall have bean suhnmitfed to and approved in writing as to harmony of extemal design and location hL relation to surrounding structures and topography by DECLARANT, or by an amhitectut-4 committee composed of throe (3) or more Mxesentatives appointed by the DECLARANT- Strnchtres, buildings and improvements shall include, but not be Limited to any dwelling, garage, &see, wall, sidoaallS hedge, mass plantbig, change in grade or slope, drainage pipe, drainage can al, ditch, awale, catch basin, sing pool, ttneboaM playhouse, sign, flagpole, exterior illumination, monument or mmiosr, outdoordatnary, exterior lights, seatuity lights, storm door, well u lity facility, mat7boa:, patio, deck, raining for outdoor trash cans or otherptrposes, sprinkler system, &ivaway, outdoor decorative objects, shrubbery or landscaping. In the event said DECLARANT. or its designated committee, fails to approve or disapprove such design and location within thirty (3D) days after complete plans and specificatiorre have been received by it, and notification efrecoipt ofplarts and specifications has beam smart to the submitting Owrer(s), approval will nat be required and this Article wilt be deemed to have been fully Complied with. DECLARANT shall notify Dwnar if complete plans and specifications have uot been recelved. DECLARANT, subject to the provisions of Sectian 2 hereinafter, may assign these duties to the Executive Board oftbe A=riation or to on archttectmal. oommittee composed of three (3) or main repmaercttives appointed by the Executive Bosnd. Section l All duties end respeasibilitim conferred upon the Fxenutive Board or the Ambitactnral Control Canmrittec by these Protective Covenants or the Bylaws of ffiZ Association waybe exercised and perfaamed by the DECLARANT or its Designeo at its disceetion, sn long as DECLARANT- shall own any Lot in the Properies or any additions annexed thereto bySupp3emental Proactive Covenants or Amendment to these Protective Covenants. Section 3. In addition to its duties of review and approval ofexternal harmony and desigrk the Cmunittm shall monitor the compliance vrith all userestrictions, design and rural ns and conditions and other restrictions. The Cammittev alwL reptut vi to its attrition to the DECIARANT or the Assodati=Aw V ort rmc Coroniffte shall bo composed of a umu= m of three members of the Association 1701 surb time as the Committee has been established, (be DECLARANT shall perform the functions as onMa d above and elsewhere herein. Whom the tram "The Doola ant" or "The Cmnmifine" have bean used, this tarm aball be oonatraed to mean. that only one of tine two entities will perform rho duties and functlon, and when the Committee is ostablWiad, that Committee will perform the duties and functions as outlined above. Upon the appointment and organinSon of the Cotmnittee, the Committee shall adopt such ednministrtstiveptocedmes as with insom the submission, review and approval of any and all buildings and/or improvements conslmcte& Section 5. No oensttuctien, which term shall include within Ra deCmftion clearing, excavation, grading and other sitework, shall take place meW in strict compliance with this Article, and unW the approval of the Corm*tw or DECLARANT has b= obtained, section 6. Since the establisbment of standaudkIlenble building setback iincs in location ofhrmres on Lots tends to force construction ofhames direetlyto me side of other bones with detzirnertal effects on privacy, view, proscrvation of important trees and other vegetation, ecological aniralrdefl conaemq ac spoeifie setback lints am established by these prctcalive covenants. In order to assure, however, that the hrngoing constdaations am given mai-imum effect, tho DF,CLARAN'T=v vcsthe right to select tbepredse site localian of each house or outer m uctam on each Lot in its sole discretion and to atrange the same in such manner and for each - reasons as Ow DECLARANT cheats sufficient, provided, however, theDECLAAANT shall males surh detrxminatlon so as to im=that tlu development of ffte Lots subject to these PROTECTIVE COVENA fM 10 c^*idsts*with the pmvislona set fbr9t hatim. The plaaoment of homes is mesat to create aoense of spaeioumm and to avoid monotony. For anehporposes it is the szan ll Mist F 228659 Book ZODOPage: 471 �" ti�af setbadclinea.may be tad wp@ie appropriate ,ri any events na _ _ house shelf be tL9•alDscr to tiro froot I.ot lino or nearer to any side Lot Imotitanthe minmunn- distnnrss esiabBshad by appEcable govemial otdiaanees. Section 7. Any installation of a drainage pipe mustbe approved by DECLkRANT or Ccounittee in accordance with the terms oftbis Article. In addition, all snrh ingtalletlons must mmply with all applicable govemmantal statutes, ordinances and regulations, including, but not limited to, the State of North Carolina Aepartnent of 77anapartsdon standards, 5aetion B. All improvements, driveway connections, andplanting6, including, butnct limited to, drainage pipeaf landscape materiels, ixagation aysinms walls, and fences, located within the road right-of-way must meet Norib Carolina Depubacni of Txohsportation ( DDT") spedficatioas andmvst be approved by DECLARANT or C=rminm Lot Owner shall beregpondble for all roadway repairs requires] because of damage caused by tat Owners for Mare to comply with this parajMb, wbether such damage news before or after 1he road has been accepted and approved by DOT as a public mad. DECLARANT shall not be responsible for asy such roadway repairs. Section 9- The Committee or DN ARANl' sbaR have jurisdiction over all original copgtractian on auy In", and later changes or additions after initial approval thereof tngeffi r with any modifications, additions or alterations sabsegnecrfly to be constructed are any Lot or made to eery iruproveahmts rnWaDy approved, including any exterior change or alteration and change of color. SectionIC. The Committer or DECIAM04 i' ahall have the right to disapprove any plans, specifications and details submitted to it in the Event the same are not in accordance with vary of theptuvisi ms of tbmFR0 = CDVENANTS and any arebite ctural guidelines whichmay be in affect at the time. Disapproval of plans, location, gw1ficatians qr details maybe based upon any grounds, inrhhdmg purely aesthetic considerations wWrin The Camnnittee or DECLARANT, in its sole and uacoatrollad discre4nn, shall deem sufficient, haw ever, approval of plans saran not be um=onably withheld. An Owner shall)hi e �e igg" ofplaw% location, sp eraficaticu and dcWls to the Fxeoative ] Board shall be final and not subject to appeal orreview.y Socti=11, The f rn mfttw err its agent, or the DLCI.AR.A NT shall have the right in inspect an oonstruction to ensure that it is perfamaed in utrict accordance vvilh the approved plans, speeilications and dd ak Section 12. Nothing contained herein shall be mnarned to limit flue right of an pamatn model the mttriar o£any a�itleaex arpemritted pertiamt ste•uateures, onto paiplt the anterior of the same any color desired. Section l I Neither the DFAMkRANT northe Committee nor the Rtmulives Board or any arehilechrre agent tlmmof shall be responsible in anyway for mW defects in plans, spocif; cations or details submitted, revised or approved in aecardanee with the provisions contthmcd hmtin or in the guidelines, nor for any structural or other defect in any conshuadm Section 14. Owner(s) shall be responsible for compliaso with all applicable govetamental Odutes, ordinances and :tgulabous, inoladite but not limited to, land nee, zoning, tend builduugragrelations. , ARTICLE 8 Sectim 1. Z inihe opinions oftbe Association or flue DECLARANT, any Owner shall fail to maintain any Lot owned by him in a rnaumertvbich is z easMoly neat and orderly qF shall tl;il to keep improvemeata construced theme In astato of repair so as not to be mtslghtlye, all s� 12 %age: 472 (j ', U � - - - - - _ •m the sole opinion oftdre Axamciation or the DBCL.AItd�the. discretion, by - the affirmative vote of a m*rity ofthe members of the Executive Board, &MBECLARANT, in its discretion, and fallowing ten (10) days written notice to Own w, may inter upon and make or canoe to be made repairs to such improvements and perform suit msaitenaace on the lot as the r umval of trash, cutting of grass, parting of shrubbery, weeding and urns of erosion control. The Assooiation shall have an casementfor the putposo of aceonVH0siug the foregoing. The reasonable we incurred by the Association in rmdsing all such services, plus a service charge of fifteenpeneent (15%) of such cost; shall be added to and become an individual assessment to which such Latis subject as provided in Arturo 6 heiain. Section 2. The Owner of each Lot shall keep the Lot wowed regularly, including lbai area fsmn the lot line to the edge of the paved street and cleat of any unsightly objects, and in the event that the Owner of any Lot within tin said Subdivision breaches this restriction, the DECLARANT and Association reserve the right to enierupon fbe Tat and mow the grass, elan up the Lot and remove unsightly strictures and objects at property Owner' expense as provided in Section i obam Where Lots border on or contain ditmbe & drainage cmials or swales, the Owner of each tat shall keep that ar ca, including the slopes, down to the edge of the watarr, mowed and maintained regularly. As to lots which abut a watercourse or body of water, it Mall be the yrspnnability of each owner tomaintain any seta lying between the boundary or lot Sine of such lot and the waterlinn of such watercovrso or body of water (as such waterline may fluctuate ftm time to time). Washouts or moons on the Lots adjoining ditch banks and swales to pav=cd shall be proprrlytended to by the nrspecliveLot Owner. This obligation and right may be enfonxdbythe Association or any Owner as provided in Article 11 herein. 5eetim 3. The Association sirallbe msponsdbla to maintain the Conn Elemeats and facrTities located upon the Common Elements, Conservation mid Buiftr Areas, and areas with LkdW descriptions, landscaped arms within road right-of-ways, the sAomlwater runoff systems, sign easement areas, and fences or other property designated to be mairztnseed by the Association.. ARTICLE 9 e Section 1. No lot shallbe used except far Burgle o commercial use sball bepernntted on any Lot No structure 2t d to remain on any Lot other than one (1) eIr sehed, single igmily o nod one -]calf stories in M& above floor or piling level and such outbuildings as y accessory to a single family residence dwelling, including a private walosod garage. Section 2, No rental or lease for any Iat almll be ibr atenn of I= than 12 montbs. All i asses must be in writing and must contain a provision requiring tenant to comply wilt these prptectivo Covenants. All leases shall be submittal to the Association to verify aomplimcewith thin section. Whw adwollimg is leased to morn d mr one tenant the tcmards mount be related by blood or by mazriage, Tsaosient renters are strictlyproinbiled, Smtion3. Any dwelling constautedon IafssubjecttotitesePmtective Covenants shall contain not less than 1200 a,qo= fun of finny enclosed and bested floorspace an devotes to tivingpurpoces (exclusive of roofed or unroDfied porches, breersways, to cares, porches, steps, walks, garages and sty outbuildings). In computing the number of squareled allowed as provided bmcm, no square footage in anypart of the dwelling that is constructed over a garage will be cwoiued, unless it is an aitegral pint of fine living space and approved by DECLARANT. Sec6on4. All Lots are subject to the State of North Carolina riles and regulations mnoeming etormwater runoff w these Hiles and rogulations are =wded from time to time. 'These regulations currently provide that the cats shown on the map recorded in Map Cabinet 3 0, rep 538, of the Bmnswick County ltegiatryshall be subject to the following: . a The following covenants are intended to ensure ongoing compbanao with State Store water Mimag;mrrt NnuitNumberSW8 031055, as issued by the Division of Water Quality i mderNCAC 21LI000. - 13 �Fpft r f 220659 Hook 20o8Fage: 472 uf-WFsX—Czu-- _. .-. .. . -- - - --- -- - - - - - in 110 sole opinion ofthe A nn dARkWrj ,ii AM,•the Association imits discretbx4 by- - - - - - - - - - the affirmative vote of a majority of the memberebM Executive Board, or the DECLARANT, is its discretion, and following tin (10) days written notice to Ownet, may enter upon and make or cause to be made repairs to such improvements and perform amb n aintwanca on the Lot as the r=ovsl of trash, cutting of grass, priming of shrubbery, woofing and items of emaim control. The Assoeiation shall have an easement for the purpose ofam=plisbing the foregoing. The reasonable cost incurred by the Association in rendering all such services, phis a service charge of fifteen percent (15%) of such cost, shall be added to and become an individnsl assessment to which such Lot is subject as provided in Article b horein. Sw.&m 2- The Owner of each Lot shall keep the Lat mowed regularly, including that arm fiom the lot line to the edge of the paved street and clear of any unsightly objects, and in the event that the Owner of any Lot within the said Subdivision breaches this restriction, the DECLA JJ47 and Aasociaiicu reserve thn right to enter upon the Lot and mow the grass, clean up the Lot and romova unsightly atructures and objects atproperty Owner's expense as provided in Section I above. V&orc Lots border on or contain ditches, drainage canals orswales, the Owner of each Lot shall beep that area, tnrluding the slopes, down to the edge ofthe water, mewed and maintained regularly. As to lots which abut awatercourse or body of waW, it shall be the rasp onsrbiilhy of each owner to maintain any area 4* between the boundary or lot line of mah lot and The vrnitrline of such watormurm arbody of water (as such waterlioomay fluctuate fiam time tD time). Washouts or crusions an thel ots adjoining ditch banks and swalm to pavement shall be properlytendei to by the respective Lot Owner. This obligation and right may be enforocd by the Association or any Owner as provided fn Ard6le I 1 herein. Section 3. The Association shall be reapenaable to maintain the Common Elomarts and facilities located upon the Corormn Plemerrts, C inns etro end Buffer Areas, and arras withsiudardeseriptions, landscaped am wiil&road rigbt-of-ways, the stormwaterruno$ trystrms, sign easement arms, and fences err other property designated to be msinLvned by the Association. U i� Rmarictions on t anj Section 1. N% l.ot shall be used except for si0,91p � o coumrercaai use shall be permitted on anyLot No structure to remain on any Lot other than one (1) detacfigd, single family ex two and one-half statics in height above floor orpilmg level and drrras y acemryto a single &wily residence dwelling, inclueltng ep n,dc enrdoscd garage. Section 2. No rental or lease for airy Lot shall be for a tam of less than 12 months. All leases must be in writing and must contain a provision requiring tena;t to comply with ffiesoprotectivo Covenants. All lcasea shall be submittodto iho •Association to verify compiiazroe wtgr this seat®. When a dwelling is leased to more than one tenant the tananta must be related by blood or by mmsiagz. Transient renters are strictly probNied. Section 3. Anydwelling constructed on Lots subject to Sewn Protective Covenants 6lral3 c antaitmt less tban 1200 square feet of fully enclosed and heated floor space all devettd to living purposes (mcclusM ofmofed orrnaoofedparclres, hre=ways, mmwes, pamh er, fts, walks, garages and any outbuildings). In computing the number of square feet allowed as provided herein, no square footage in any pad of the dwelling that is constructed over a garage will be cou dad, unless it is an integral prat of the living space and approval by DECLARANT. Section4. All Lots are subject to the State of Nmth Carolirm rules and regulafions concerning stormwater runoff as these rules and regulaGans am amended fivm time to time. Theca regulations mnnntly provide that the cats shown ore that map recorded is Map Cabhret 3 o, page 53S, of fha Brunawidc County 3tegistrysbap be subject io the following: IL The follnwing epvcmarrts are intended to ensure ongoing conrplimm with State StormwaterManagemeat PamttNwnbw SW8 031055, es issued by the Division of Water Quality under'KCAC 213.1000. case 13 O [Y�- 99g `l� In3t f 22RE59 Book 2D0OPage.- 473 _ _ -- _ _ _ -- _ _ _ _ _ • _ _b. _. _The do necewaty to rnaitrtain compliaurx with tirts�atcr Managvnent Permit c. These covenants are to run with the land and be binding on all persona and parties claiming under them. d. The covenants pettaining to stormwater may not be allmed or rescinded Without the ertprass vaittffi Consent of fe State afNorth Carolina, Di{75ion of Water Quality. e Alteration afthe. drainage as shown on the approvedp1me nraynot talm place fl without the concurrence of the Division of Water Quality. f.'The mrdmumbuilt-upeaarea per lot is3,200squarefact This allotiedammmi includes any built -upon arcs cmnahoeted within the lot propwty boundaries, and that portion of the rigbt-of--way between the 5otu lot line and the edge ofthepavement. Built upon area includes, but is not limited to, structures. asphalt, concrete, gravel, brick, stone, slate. coquina and parking arias, but does not include raised, open wood decking, or the water stmface of swimmingpools g. Bngt-upon errs in om= of the pemaitied mnrrmt wi11 require a pennit modificatim D12CLARANT reserves the right to recalculate the maximum allowable built upon areain acmrdarrce with the smnnwear rrnnoffrules and regulations of The State of North Carolina. All drainage swales or drainage paitcros used to treat stnrmwatm- ruwffas required by the State of North Carolina may not: be filled ID, piped or changed without the gDumt of the DDCLARANT, its designee, the Association, or the State ofNmtir Carolina and shall be maintrned as set forth in ArliWe 8 henem. For curb and gutty projects, no one may pipe, fill in, or alter• any lot Teo Swale vsed to moot North Carolina Stormweter Management permit regnireruents. The state of North Carolina is hereby made a beneficiary of these Protective Covenants to the raeiant necessary to emfarce its stmmwader runoff regulations as the Came maybe emended from time to times Tbia paragraph cannot be changed or deleted without the consent ofthe State ofNwffi Cw olina. Section 5, No shove ground swummn9pool shall be placed on any )Jot; no kgnymd pool OWI be PAEM or oonstructed without the approval of the DBCLARANT or Caatmitfee and sball no _ v ` (20) feet fnmm the aide or rear lot lines. 5egion� vided except to enlarge an adjoiuing lot, but any Lot ao enlarged oe ncotbo impmMgff om ffim one single family dwelling, An Owner of it Lot and a portion or all of on adjoining and contiguous W or Lots may construct a dwelling and/or other struchrrrs permitted herermdier upon and across the dividing lima of such adjoining and contiguous Lots, and 1hostaft such combinations of Dots orportions thereof shall. be trotted for allpurposes mrder these Protective Covenants as a single Lot Section 7. AJI Lots shall bewell maintained end no acramulatim ofrabbisb or debris shall be petmittod, The Owners of all unbuilt upon Lots in the Subdivision shall clear thoir Lots of umde:bnmA at least uric time each year. If the Owners do not clear their Lot as rqui ed by this parapaph, the Association sh&I have the suthozky to clear any such Lot of underbrush and sepmately assess the Cost ofsuch voile against each Owner. Such cberge shall be an individual assessment against the Owner and his Lots) and may be enforced to accordance with the provisions of Article 6 herein. , Section S. No trace on any lot that are 4 inches or pester in diameter and no long lcafpiams or oaks of any ldud maybe cut or r=mvcd without approval of the Ambitectmal Control Committee. Section 9. Owners shall be responsible for my damage done to any streets, roadways, a=wways, CommonBlamooK Limited Common Blemeats or property of ot: , Owners within fM Subdivision which may be caused by any Ow=. iris agmrts, earployees, guests, licensees or invitees. The Amodalion shall have the authaiity tc assess any Owner for such damage and such cbarge SW bo on individual assessment against tier; flamer and his Lot(i) and may be cobra d in woordance with the provisions of Article 6 ho cin and N.C.G.S. 47P-3-115. Sim 14 A ZOS18Por}e: 479 _ - _ - _ _ _ _ — _ _ _ • _ -•- • _ _ .. _ . S+ictiart X0. _line fQWwing,gcn itio is dnall applyand _ _ - _ •- , _ • — _ _ _ — • _ _ • _ _ control the improvements, maintenance and use of all. Lots: IL No mobile home, trailer, tent, or teiVarary house, teanporsry garage or other temporary outbuildings sioaR be placed or created on any Lot, provided, however, that the Committee or DECLARANT maygrantpermiaaionfor tamporarystruchrres for storage of rastniais during construction. b. Once oonstmcfimr of a dwelling or other improvements are starred on any Lot, the improvements rnastbe substantially completedin accordance with@m approved plans and specifications within twelve (12) mouths fmm commencement. Failure to complete construction within twelve (12) nnonths bom commencemeni date may resnh in a fine being imposed in the minianum amount of WOOD per month, wNch fibre shall be payable to DECLARANT mrtil all Lots in the Subdivision bavabaen sold, at which time the fine shall be payable to the Association. The fine imposed under this Seotion shall be anindividual assessment enforemb] a in accordance with Article 6 heroin. C. During a mstractiob of improvements on any Lot, adequate portable sanitary toliets must be provided for the oonslruc6on crew. d. Construction activity on a Lot shell be confined within the boundaries of said I.at Each loot Owner shall have the obligation to collect and dispose of all rubbish and trasb resulting from emst uctian on his Lot a All dwellings and permitted siruchues erected orplaoed an any Lot aball be construdnd of material of good grade, quality and appearance, and all comahuction shall be performed in good wodnnand* meaner and quality. Ibe oovadng for all rmfs aball bo shingles or materials approved by the Comn i tec or DECLARANT. Materials and colors for the exterior of all dwellings and p=nined strot:tun cs must be approved by the Committee or DECLARANT. Ne usedd structures shall be relocated or placod on my Lot and no structures shell have as exterior constructed of asbestos or asphalt siding aluDft mr siding paper coraposition, it being intended that only wood siding, manufactured lap siding, vinyl, brick, olaybriek, or stucco exteriors be constructed on Iota subject to these Protm&o Covenants. Modular and prcfabrioated homes may notbeercetedgrp` oaany IA;; ithg> Val oft}r>ComtrritteearDECI.ARANT. led bytheDECT.ARANT, no strucWm erected upon any Lot may D tw �t o model boos~ unless prior written permission to do so shall bave ANT. g. Any dwelling or itnprovcnrart on any Lot thatis destroyed in whole or in part by favor other casualty sbaIl be either rabuilt or tom down and all debris removed and the Lotrestored to a sightly condition with reasonable paomptrws;, provides, bawever, finat in no event shall sacb debris remain on such Lot longer than three (3) mouths, In. No shipped, partially wrecked, junk motarvebirde, or part thereof, or any motorvehicle not displaying a cm=ut valid inspadan sticker shall be pemnitted. to be padred or kept on any Lot, L PmEng of vobicles on auy street in the Subdivision shall be allowed only In accordance with the policy determined by the ExecutiyoBoard. No tntcknor oth= velriclo in ma= of a tlrrea-quaster (314) ton load capacity boat; vessel, motorboat, canve4 trailer, motor or mobile bome, or similar type vehicle or apparatus Bloch be pedred or kept overnight or longey cn any strut cr on anyLot unless it is starer] in an molosedgmage and in suoh amarancr as to no:be visible to the Owncros of other Leta orffro users of a sheet or recreation area. All tools or other mabaials stored in vahioles for ovcmigirtpaddng shall be leapt out of sight: Na customized vehicles whieb are unsightly in appearance as determined by the Executive Somd or the DECLARANT shall b e allowed. j. No outdoorpolM clotheshm and similar equipment well be _ .. erected or located upon any Lot sz�r IS rh�j D �r�0� znat�� zxa�tral� a Bonk zaea 475 _.M. L���� -- --= ------ _ -- _ _ - - -. • _ _ _ _ - _ - _ _ _ • • ea and garbage cans sheill be -se ao asnoito- -- -_ - -- be visible by the Ownemm of other Lots or�A13 such screening shall be approved by thcDECLARANP or the Commitim. I No oral tanks or similar storage receptacl es may be mcposed to view. The placement of any such receptacles may be approved by the Committee or DECLARANT and may only be located within the main dwelling house, within an aocemory building, within a =owed area, or buried underground. M. Each Lot in the Subdivision shall bavo only one (1) mailbox and one (1) paper box which shall be mounted on a single post end all such boxes must be approved by the DECLARANT or Committee. Such mailboxes orpopenboxes maybe provided by the DECLARANT or builds Any boxes provided bythe DECLARANT or huilder shall be considered an Anprovemetrt and must remain with the Lot and must be maintained by the Iat Owner, Boxes damaged beyond repair shall be replaced by the Lot Owner. n. No advertising signs or billboards or other advertising structure(s) of any kind shall be erected on any Lot or displayed to the public an any Lot subject to these restrictions except that one sign of not more than six square feet in area may be used to advertise a completed dwelling for We or rea No "Par Sale" signs am allowed on any vacant Lots except with approval by DECLARANT or Committee. This covenant shall not apply to signs cracked by the DECLARANT used to identify and advertise the Subdivision as a whole, or construction identification rigor approved by the Committee or DECLARANT showing Lat numbers and narire of builder, or for a homeowner far the purposes of idm ejnngthe homeowner as the resident on, said Lot. Said identification sign shall not =zwdin size a total of sax squaw feet. All signs permitted by thmr Protec Live Covenants must be appmvedby DECLARANT or Committee. o. No outside antennas or satellite dishes sball be erected an any Lot or structure unless and until permission for the some has been granted by the Committee or DECLARANT in accordance with applitablc gnvtunmaulal rcgalatians. P. A>2 dwdliug connections for all utilities, mcbx3irtg, but not limited to, water, electricity. gas, telephone, axed television shallbe run underground iron the proper corm urn to the dwou in such manner as may be acceptable to the appropriate utility anthe T Q���ii� ���d service shall be shared by the Owner and utility exmpa»x �tJw1tH carnparrypolioy,ifany. UU q. als, livestock or poultry of any ft ]toed shalt 6e lcrlri or mdutaared on any Lot or in any dwelling except that dogs, can; or other household pets may be kept or maintained provided dot they axe not kept or maintained for comroacial purposes and provided ffulber that they are not allowed to Tun fix and are at all times propwiy leashed and personally esoarted and shall not become a mricaaw or bother to other Owners No animals - livestock or pooitry of my kind may be raised, bred or kept in any Common Elements or Limited Common Eemnits. Pets must be restrained or confined with the Lot, Owners must promptly . remove any and all animal excrement from any sad all Common Flamenu, Lmr3rtd Common Biemrents and Lot(s) and keep scab areas) clean and free of pet debris. All animals must be properly tagged for identifieation. All parties am hereby noti5 ed that; in the event any dog lmpt or maintained on allnit or in any dwelling an the Properties backer excessively, continuously ar in a manner that constitutes a nuh mtce, the Board may require such dog to wear a collar designed to Ted= or control such excessive baddng (provided that such action shall in no event limit arty other rights or remedies far such situation fret may be available to the Board or to any other parties at law or in equity). r, No fence shall be erected or hedge grows on any Lot unless gTmved bythc DECLARANT' or Corrunittec In ataordmwe with Article 7 heroin Fences Acing orpwallel to the street shall be wood construction or other material approved byDECLARANT or Committee except that no drain link fences shall be allowed No ferco and no badge shall be permitted nearer the front lot lime dean 15 f d as measured fiam the rw of the house oonstruderd on the Lotu nless approvedbyDBCLARANT or Committee. All feaoes constructed hereunder shall. be maintained in its original =difion by the Lot Owner. No immoral, improper, illegal, no3dons er oScasive activity shall be �� rd hwt; } 228659 Book 20D9Page: 476 t arried era ups any lit, r.sh�' one thtn eof __----------------- g-- - - - discomf nr �aayance ar prntF a e to the err any Owners. Thore shalt not be maintained anyplants or animals, or device or mUN g of any sort whose natural activities or existence are many way noxious, dangocous, unsightly, tmplessant or of a nature as may diminish or destroy the ctoyment of o(hu property in the neighbodnood by the Owners iheteo` All laws, cedars, rules, regrletions, ordinances ar requirements of nay government agency having jurisdiction thereof; relating to any parties ofthe property, shall be complied with, by or at the sole expemse o_ Owner or the AssDciatic m, whichever shall bave the obligation to maintain or repair surb portion ofthepropaty. t. No outdoor statuary or other decorative objects may be placed on any Lot without tfm written approval of the DBCI.ARANT or the Committee. U. Burning as a means of eleadug brash shall not be permitted, Burning maybe allowed uader appropriate circumstances if approved by rho DECLARANT or the Coramittm and the Ownet•has obtained all necessarygeverrmtmt permits. V. No yard salts orgaage sales dnUbepeunitW upon any Lot m this Subdivision. W. No repairs to any vehicle may be made in driveways unless sidh repairs may be completed in one clay. During fire course of ispair work, no vehicle shah x Permitted to rmnain in any driveway on any type ofj arks or stands formora fnan one day. X. In certain instances, conservation arms or green ways, or vegetated buffersmay be muveyed with a Lotto nn Owner. Such areas are far conservation purposes and as such, not for Owner's private use. M fences or straotures of any type may be erected in said areas and no typo of vegetation may be removed. Y. Af] light bulbs or other lights installed in any lixtum located on the exterior of anybuilft or any lot shall be cleat; white, or non -frost lights or bulbs. No colored bulbs or IiWits will be allpwod except dwing gene rally recognized holiday pmiods. The DECLARANT or the Asmciation shall have the sole and absolute right to reg alatz andlar prulait excessive holiday lighting or any lighting in ibe Tr'� of the DECLARANT or the Association. A z To scirveness within ibc Subdivision, white window tee finen% must boinstalled in all a we of all homes within ton (lU) days Ofocculramny, anrhthat the total view of all windows from the outside of the house is white window covezings. ViTmdow treatments insido o£8no house Lind not visible from the outside of the house or unit mein the discretion of the homeowner. l3edsheets, tnwals, blankets etc, are not considered acceptable window tmatments and are rot alloyed in the Subdivisiam Neiwithstandtngtle foregoing, any area idemfified as a Conservation or Bn Ana on any map or mvisi on of lou map of SL]BDIVISION may be convoyed wit a Lot or Lots in said Subdivision or may be oenaeyed to one or more L.at Owners, or may be conveyed to rho Also^:Mon in said Subdivision. These area(s) are Ibr conservation or buffer purposes and, as such, not for the 0WnK(s)' private use. No str•Uctmcs other than 8roae fences, signs, emtrano0wZy structmLs, landscaping or similar conshudion try the ])BCL ARAATT shall be permitted in these Areas). In lire case of c onveyauce ofa. Conservation or Huffer Area as set Ruth berainthb Asooaiation shall have on eaacmrnt to go upon the Ar na(s) to maintain such Areas. DECLARANT and Association Pottbarrwerve the right and an nasrm mt to change, nxanslrud or constrod any fences, signs, entatceway stnrctnrn% landscaping or the equivalwt in and over the Conservat on or Buffer Ama(s), F Owner(s), iris agents, gusts, lessees or Baer = sball in airy way disturb or damage eery veget ttian or sttucture, including fences and signs located in any Conservation or Buffer Arca, as determinod bytha Executive Board, the Bxe cative Board may impose a fen in the miairunm amomut of WOtJ,pR whirls fine shall be payable to the Association The Association sbnll pay $500_00 oftbis free to DBCL.ARAiNT until aI] Isis in the Subdivision have been. sold. In addition, the Owner(s) shaIlberequired Io nxtallnplecememplant materials andlorrestare any szQsz 17 p Inst F 2M Q "j 477 ecmr -___---._zt:vchlrppr.payfox thecastofreplane mtfarrestoratibmli;dj-DE veB---------------- -- --`-- of notification by ilte Executive Board. aa, NoUng shall be kept aura no activity shall be carried on in any building or home or on the Common Elements or Limsmd Comtrnnt Plemants which will inc= a the rate of honance, applicabla to residential use, f=the property or the oath thereof. No Owner shall do or keep anything, nor torso or allow anything to ba done or kept, fn his home or on tins Common PJements or Limited Coamnou Eris which will result in the cameellation of insurance on any portion of the pmpety, or tits oonta is thtreo> or whicb will be in violation of any law, wAinanoc, or mgdedon. No waste shall be oomn tted on may portion ofthe Common Elements or Limited Common Elements, bb. No person shall and=tdce, cause, or allow any Oteratitm or contraction in or upon any portion of the Common Eleme= or l inArd Common Eletnetts except at the direction of and with the express written consent of the Association or DECLARANT. M The Common Elements or Limited Common Clements shall be used only for the purposes for which they are fetendcd and reasambly sinned and which am firldeuttio the use and occupancy of the homes, smbject to any rules or regulations that may be adopted by Im Association pursuant to its Ry12wS- dd. All lawn mowers, bicycles, toys, grills and other aizwlar objects mustbe stored wheat no: in use w as not to be visible by the Owners of otber Ints or the usu3rs of any street orreornation area. er. All veils and prmsps which ampemitted umder tha tams of Article 13, Section 1 moat be located to as not to be visible from any street or recreation armor Common Lletnents and nwast be tsorccoad from view. The design and loodon of the well, Pump, and screening facilities sham be approved by the DECLARANT or Committee and the well, pump and screening facilities trust be kept free from discoloration, including rust. ff DECLAR ANT does not pemlission or rmeMMani tilt apy materiplbeburied or; anyLotinLanvalgineluding;but to anyeas I� Comm m Eletxte % Limited Ceumnon Mements. or area wbert .strutted. If anymraterinl is burned an any Lot, it is r„coaanumded wAviscd of the location and typt afmatrua](s) deposited, No h , if]egal rogolated tnuutrnied(s) shall be deposbed aza ary Cat m Lanveln . 3ecdon 9. This Article and these PROTECTIVE CCV&NANTS shall not apply to any sales office which may be maintained by the DECLARANT witbm ffrt LamUe Subdivision. ARTICLE 10 Ann=ljon Section 1: Except os provided is Sectio= 2 and 3, below, atmeaafian of eddztiotml plepaly than require the assert of sixty savor pocteat (67%) of ffie Class A l+eanbers, if anN ate, meeting duly called futr this purpose, written motive of which shall be sent to all Members not less flm ten (10) days trnr more than sbrty (50) days in i6vance of the rceetin& Section2. If the DECLARANT, its successors orasirigoa,shall develop all or any pordcm of any land which is located within a 1 mile radios of and is adjacent to or contiguous with, thatpropaty da=-bed in Map Cabinet 30, Page 539 of the Brunswick Cow* Registry, such additional tm e m tracts may be am =cd to said Properties without the assent of the Chu A M wbmr.. provided however, On developmm it of the addWonal tract ortracts desmbcd fn this settler shall be in accordance with the same general schmme of development as Wmdgewood at Lmvalepheao I. Seelian I The sigbts ofDBCGARANT rmsmved iuAxdcle 3 and Articlo 10 Section 2 shall expire automatically an Deccmbe731, 2030, ifmot oa xcieedpdortlmreto. SM2 is 'Q�TneF * $2 78 .-_.^—.�_------------------------------•-'"__ ARTICLE I] ---------------_----- Compliance With these Protective Covenants, the Articles And the kylg35M pi C Asoozintion In the cast of fallum of an Cv mar or occupant to oomplywhh the terms and provisions cantained in these Protective Covenants, the Artwes, the Bylaws or Rules and Regulations afthe AssotaatioR the following reliefeWl be available: Section 1. The Association, the DECLARANT and any Owner, an aggrieved Owner within &a Subdivision on behalf of the Association or any Owm er on behalf of an the Owners within the Subdivision shall have the right to enforce by anyproceediag at law or in. equity, all ofthe nondi6ons, covenants and restrictions of theso Prutcc ive Covenants and the Articles, Bylaws and rules and regulations ofthe Association and any and a]I laws lmreinatlxr imposed punuantto the terms ofthrse Pmtectivo Covmaats. The prevailing partyahall be entitled to collect all costs ttraeaf includingreasonable attameyr's fees as determiac by the Cant Section Z The Association shah have, theright to remedy flu violation and assess the costs of remedying same against the offending Owner as an indivAml assmament as provided in Article 6 herein. Section I Far any violation by et Owner, including, birtnot limited ta, mo norupayment of any general, special or individrml assessment, the Association shall have the right to sn Tend the offending Owner's voting sights and the use by such Owner, his agents, lessees, employ=, lieetmees and invitees of the Cannon 133co ats or Limited Common Elemm m in too Subdivision for any period dining which a violation continues oxcept that such penalties may not be for mare tf= sixty (60) days for violation of any of the Association's published rules and regulations. Within five (5) days of the date written nofifi estioa is sent by the Association to Ow=fi forming Owner- of the suspension ofhis rights in accordance with this SectdoA Owner may request, in witting, an appeal to the Brecutivc Board. The Ex rfive Board shall set a daft far the hearing, whichhearmg may be ccn&x tad over the Wephone at the discretion offhe executive Board, and the Owner' shall be given an'appartrmity to be heard and to p r aant evidence at such hearing. The Executive Board shill caner Ff its d11 thirty (30) days of the hearing Tha ansptmsiaa a'iaU remain in appeals pm, -ass. Section 4. The Associ" e a fines for the violation of these Pmtextive Covenants, the Arfia* Bylaws and ru cs choir-. Within five (5) days of the date writtm notification is sent by the Associatiouto Owner informing Owner of the imposition ofthc fine in scoordmtce with the mhedu]e of fines established by the Association in acceedame with this Section, Ownermay request in writing. an appeal to the Executive Board. The Extuaffve Board shall set a dare for the hear ug, which herring may be conducted aver the belephoae at the disantion afthe Bxecative Hoard, andthe Oamer shall be given an apporhnityto be6eardandtopreamtevidenaatsucln3>e�ing.'IbaBzwutrveBoard shallnofifyOwnarafihs decision within th* (30) days of the herring. The fine aball continue to accrue and rmaein in f a fart and of lent during the pendency ofthe appeals process_ Ran Owner does clot paylhe fine within 15 days ofthe imposition of the fine, the fine shall be an indMdual assessment against the property and maybe mforcad by the Asiociation in s000rdanoe with Artioee 6 heroin. If the Ownerpmvails at the appeals hearing end the fine is removed, the Association shall remove acid oaocel auy lien of. record flied in accordance with this Section. Sccfion 5. All rigbts, remedies and pmoodures mandated, required orp=rdUed by Chapter 47F oftho North Caolirm GeaeW Statutes unless these Pmtecdvo Covaca ulsprovide ofi=wim Section S. The remedies provided by this Article am cumuh tivo, and are in addition to anyotherremalias providedby law. Seddon 7. The fit me of the Assomation or any pawn or Owner to maforee my zestrlctioa contained in setae Pmtec&m Covemts, the Articles, dio Bylaws or the rules end iogultdiooa aban not be deensd.a waiver of fire rightto do so thaieafler. SUM 19 �5ggA NN A Ins 228659 Book 24R8t?age: 479 Section 1. lats. Persons and M Sabiact [ice Protective (�varienta. All present and futnre Ownera, tenants, and oocapants of Lets and their guests or imitoes, licensees, onployees or agents, sball be suhject to, and sball comply with the covenants, oaxiitions, restrictions and affirmative obligations set forth iathcso Protective Covenants, and as the Protective Covenants may be amended from time to time. The Accepts= of a deed of conveyance or the entering into ofa. lease or the entering into oompancy of any Lot ahall emstituta an agreement flat the provisions ofthese Protective Covenants are accepted and ratifiedby such Owner, tenant or occupant and that they will fbUy comply with the teams and conditions of said Protective Covaam ts, The mvenmits, conditions, restrictions. and affirmative obligations of these Protective Covenants shall inure to the benefit of and be enfomeableby the Associ>mon, or the Owner of any Lot, their respective legal representatives, heirs, successors and assigps, for a term of twenty (20) yearn from the data these PmteWve Covenants we recorded in the BruusvickCotmty Registry, a&erwhich date these Protective Covenants shall be. extended for successive periods of twenty (20) years, unless eighty percent (80N) of the then Owners agree to revoke The same, and the covenants, restrictions, conditions and affrmmafrve. obligations ofthese PrUective Cov®erds shall rmr with and bind the land and sball bind any person bavmg st any time emy intro a or estate in any Lot as though such provision were made apart of each aid every deed of conveyance or ]ease Section 2. Am Md . At any time prior to D==bar 31, 2030 ex until ail Lots am sold, thsss Protective Covenants maybe amended by DECLARANT In its diecratinn. Retention of this right by the DECLARANT is not blended to affect the genera] or common scheme of development for the propertyberein described butts correct and/or modify situations or eircnmstanees which may arise daring the course of development These Protective Covenants may also be amended by vote afoot less than aixty-sevrm percent (67%) ofthe Owners and an instrumezt must be recorded at the Brunswick County Registry for such an amendment to bo effective. In ne ovmtmaythe Protective Covenants be amended so as to alter any obligation to pay ad valorem taxes orassess ne= for public improvrmemts, as hereb provided, or affect any ien for the paymentth f 'shad hers' or so as in deprive DECLARANT, its desgnee or sma �ts herein gamed or msnved unto DECLARANT. fir addition, th amend These Proterbive. Covenants to a=cx additional property and make e Mrr restrictions, obligations and covenants afthweProtective veuan 'cle3 and Article 10herein. ARTT:CLTs 13 e.rs iM= ' Sxiiao 1. lyluaieinaly�ata SawerService auelUtilities. Mrmiclpal sewerr,ervice sball be provided byBranswick County vrothermunicipal pgeney or department. Water sw ice far gee Subdivision may be provided by a muaielpal agency or degsfner4 or by licensedub&y coorpavy. lfwater service to the Lot is available Iiom a municipal agency or departnrant or a licensed utility company, all Owner(a) most tie into and use such system and shall not use apdvata wail No private well aball be pe nnitbed on any I -at except for Hgation pmposea or if municipal or cammuuiiy water service is not avail able. DECLARANT shell not be responsible for loss of tmrvice or failure of any utility company to provide 5crvim to any LcL A well for irragalkm paxpases shall only be aliowed wilb the approval of any private community water system, which approval shall not be unreasonably witbbeld, and the consent of the: DECLARANT or Committee. Section 2. AmeaitieS-oad Facilities Evmy park, —rafftion area, reckon facility, dcdieated acmes and otlxer amenities appurtenant to the Lanvale 5ubdiviaior% whether or not Dimon and ddineatnd or any recorded plat of the Subdivision, shall be considered private: and for the sole and exclusive use of the Owners oflots within the 7anvale Subdivision. Neitber DRC APUkW 'S execution nor tine recording of any plat nor any other act of DECLARANT with respect to such area is, or is intended to be, or shall be construed as a dedication to The public of any mth arras. fwilitiese or atnenlds. SM 20 J� A�� ' I;&An9 jij�.�80 U u1t -SttiQn.3.___�rAnnmv.._-------- dedication of Common Elemeets(s), and amendmentaires f3TIDNA alrproval as long as there is a Class B. Membership. Section 4. No provision contained in ilresePmteclive CoYomn% the Articles of Inoorporagen arihe Bylaws of the Association ahal] be deemed to have been waived, abandoned, or abmgatod by reason of failure to enforce them on the part of anyperson as to the same orsimr7ar future violations, no matterhow often tho. Mure to enforoo is repeated. Section 5. Vtmi= The Executive Board orDEC1 .RANT in its discretion may allow reasonable variances and adjustments of these Protective Covenants in order to alleviate pmc&A difficulties and lmrdship in their enforcement and operation Any such variances shall not violate the sport or the intern of this dornmentio create a SubdM lion of Lots owned in f�e by various persons with cacti such Owner having an eanemeut upon areas owned by the Association. Section 6. GoAgict In the event of any irreconc bMa ecmfflia between these Pretoctive Covenants and the Bylaws of the Association, the pmyWow of these Protective Covenants shall control Section 7. S Invalidation of any one of these covenants or restrictions by judgment or any oauit, agency orlegislative order "I in no Way affect any other provision, covenants, oon&dons orrestrictions cnntainedin those Protective Covenants. Section S. . Tire captions preudmgthe various Article: ofthae. Protective Covenants are for tic wa vwienre ofrefm=e only, sod shall not beused as m sidin itrfirprda#on or omauuction of these Protective Covenants As used hainn, the singular inohrdes the plarai and where there is more than one Owner of a Lot, said Owners ere jointly and severally liable far the obligations herein imposed. Thmughout these Protective Covenants, raferrnoos to the masculine shall be deemed to include the fgninine, the feminine to include the masculine and Ire rzwm-to include the ma=Mne and fi minim Section 9. AssiM&Bty ofRights cad Lj ilijes, shall have the might to sa lease, transfer, assign, license and in any manna aliens se of say ti g �, interests and li"ities rotahted, a=tdug and reserved to it by these Pro j� Folimmg any such disposition, DECLAP ANT itt no way shall be I party with regard to any such right, interest, or liability or any claim ma7nymannx. Section W. 14beral QMHMa!;ficm, The provisions of these Prove Covenants sImIl bo com-trucd EbmiMy to a feeemte its purpose of creating a Subdivision of fee simple owmnhip of Lots and b0dwgs governed and oortroiled by iWes, regulatmw, restnrbans, covenants, conditions, reservations and easemcrts adm stQad by an Owners' Asswrehon with each Danner ent;iied to and bmrlcned with the rights and easeuuntB equivalent to those of other Owners:. IN W): WESS WEERWF, Leavale Corpomtho, the DECLARANT, has osu md. this instrument to be executed as of the day and year first above written. LANVALE CDRPOR4.TION 21 z ti9$ap qE1 NORTH GTAi«LINA _ . N13W AANOYSR COUNTY L d iA a i a Notary Public of the State and County aforesaid,oer$fythai :�r, personanycamebefore me this day and acknowledged that he is Presideut of Laavale Corporation, a North Carolma oogxnatim4 and that by authority duly given and as the SOt of thn empomflon, lbe foregoing insirumrat was signed in itc name by its Pmsident WIMSS my hand nod official stal this YD day of'j i .2004. 1,10 mxs-k- -1 My commission expires; STATE; OF NORTH CAROU NA COUNTY OP BRL114SMCK SANDRA S RAiGLER TheForegoing(or annexed)Cerd ica*s)of Noury(ies) Public is (are) CutFfed to be Cneect. This Insunmmu was flledfor Reglsi<aticn on thin loth lay of 5 ember 4 in the Book end page shown on the Flm Page hereof. RO L K W, 09/07/2005 D9:42:27 @ 10S TDTeL • n$I�rCn YM—LLCs CASH ' _$HpL-A_9Y_ =,-/ AMENDMENT TO DECLARATION OF PROT=M COVENANTS OF LANVALE JtRS1DENnAL PROPMZTY ANNEMG PHASE 1-2 LOTS 1-10.1240 Prepared h : Murchi=. Taylor & Gibson, PLLC R04'14r n : 26 NorthFifth Avamle Wfimiogton, NC Z8401 STATP OF NORTE CAROLINA COUNTY OF BRUNSWICK Lanvale Corporation, a North Carolina co;poratiao, (herein "DECLARAMr") heratofore exeelxted the Declaration ofPmtectiva Covenants ofL4nvale RcsweetialProparty and eaused the same to be recorded in Book 2008, Page 460, e:seq, in the Brunswick Cmimty Registry {herein the "Prnteotivo Coverre bn, end WA;&RF.AS, in acca daaee with Article 10 of the Pnteedve Coveoaats, the DECLARANT has the right to amend the Protective Covenants; and WEIRRE3AS, the DECLARANT has d ed additional lots drsi as Phase 1.B Wedgewoad at Lenvale which the DELL ARANI tor subject to the Protective Covenants. tRCR its NOW, THMWORE, the DRA0Z d the Protective Covenants and any ammd=mts themto as follows: By maldng anbjeet to maid Proteettve Covenants and annexing thereto, the faAowing described properties: BEING ALL OF Lots 1 10 and 12-40 Wedgewood at Lanvaic Phase x-B as shown an map recorded in Map Cabinet 32, Page 4Z in the &vnswiek County Regisky,:efiermco to Which map is hrasbymade for amore particular desnnptim Except as amended berein, the arnresaidProtectivc Covoaaate shallbe end remain in full foe and effect 6157� This the day of �m 0 2005. LANVALE CORPORA=X By: d ^ president 1 enflg 28B621—Soak-223SPage:�t16 NORM CAROLINA NEW FJANOVHR COUNTY L c�&b wF , Q , !N k ,4a r a Notary Public of the Stab-- and County aforesaid, certify that J.H. Goodman parsoually came befdre me this day and oobowlcdged that Le is President of LANVALE CORPORATION., and that by authority duly given and as the act ofthe corporation, the famping inetmmmt was signed in RR nameby its President WTINFSS my hand and official seal this 'day of 2005. Notary Public My commisd on a pirm: STATE OF NORM CAROE COUNTY OFSRUNSWICK TLcFomving (oratmmrcd) Cm Notary(es)Public is(am)CmtiSedtobeComot 7th 3aptember 2DD5 This bmwment was � for R,egimadon tsm this Day of , is the Hook and page shows on the, Fret Pap bemot: ' RO J• ACI N, Regirtar ofDe�da BCMISWIVI at Daeft �lA1�j x� 330880 Book 242IPage 93 n n j0 06n0/2006 12:(g� 44,19prn Becli Ij Lft— N ��—T(:4i_� SASH RL`•F CY. _ _ AMENDMEZNT TO DECLARATION OF PROTECTIVE COVENANTS OF LAHVALE RIESIDENTL4.L PROPEMANNEMG POOL AND COMMON AREA Prepaed by: Murchison, Taylor & Gibson, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 STATE OF NORTH CAROLU4A COUNTY OFBRUNSWICK Lauvale Corpcn dm, a North Carolixm corporation, (herein "DECLARA)M bereWb a erecuLed Bic Declaration of PmtWflvc Covenants of Lanvale Residential Property and caused the same to be recorded in Book 200B, Page 460, V mg., in the )§=Swizk County Registry {herein d= "Protective Covenants'); and WEB, in accordance with Article 10 of the Protective Covenants, the DECLARANT has the right to amend the Protective Covenants; and WHEREAS, the DECLARANTbw doveloped additional acreage designed as Wedgewood at Iaavala Panes Pool and Common Area, which the DECLARANT desires to annex and be made subject to the Protective Cov ��j a NQW, THE3tEFORE, the DECT.4FtANI �'rotecdve Covenants and any amendnreots thereto as fnllaws:n ii �u s By making oubject to said Pmtac&ee Coven pnd thereto, the follovring described properties: BWNG ALL of that .112 acre tract as shown on map entitled "Map for Record Wedgewocd at Lama3e Fawns Pool and Common Area' recorded in Map Book A Page 153 of the Bzvuswick County Registry, re£erenra to which map is hereby made for a more particular descxrptian. Except as amended herein, the aforesaid Prorrxlive Covenants shall be and remain in fuU force and effect This the 30' day of y 2OD6. LANVALE CORPORATION 68152 Irzt; * 33878D Book 2421Pagt: 94 1 o—lm CAROLINA COUNTY I, _ &r,r P. ,4 iC; �� , a Natuy Public, of the State and County aforesaid, cer iiy that Joseph H. Goodman personally came before me this day and admowledgod that he is President of LANVALL CORPORATION., and that by authority duly given and m the act of the corporation, the foregoing instrvmant was Sped In its name by its President, WTIWMS my bend and official seal tbia . eday of Td.+e 2006. �Q Notary Public NI3' ca 'oa eYpirrs: ar�w seu WOR Watua•rae761CaAA!' cum R AMMM 6 M7"WFK== fd RrmiW+ A o TF9amsFpmmu g ll� s,IS2 1 J' a. lI��t11���jck y. le Ills er of D eds_P gr 2 f 2 TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said Gam, its successors and assigns, in fee simple, forever. And the GRANTOR, for itself its successors and assigns, does covenant to and with the said GRANTE. its successors and assigns, that it is seized in fee of the above granted and described property; that it has good right to aell and convey the samo in fee simple; that the same is flee and clear from any and all restrictions, easements or encumbrances except those set forth above; and that it will and its successors and assigns shall warrant and defend the title to the same against the lawful claims and demands of any and all persons whomsoever. IN TESTRAONY WHEREOF, the said GRANTOR has caused this instrument to be executed the day and year first above written. LANVALE CORPORATION NORTH CAROLINA. BRUNSWICK COUNTY I, AJ/&I 0,gk�4s� _ � a Notary Publi o of the State and County aforesaid, certify that Joseph H, Goodman personally came before me this day and acknowledged that he is President of Lanvale Corporation, a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President. WITNESS my hand and official seal this4 day of �� 2007, Q�- N%MT Publi PdntcdName: d ,) . S--k� My commission expires: 'ox%t� )�&.Vil ? NOr 1 x 46� ��lh%.. Z'OU17<01 ` eklnCalJly�,tify�„�NI�tItill _ Il11 of Daada_P19e l of 4_«. AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS OF LANVALE . RESIDENTIAL PROPERTY Prepared by: Murchison, Taylor & 0iibson, PLLC 16 North Fifth Avenue, Wi1_mh o on, NC 28401 STATE OF FORTH CAROLINA COUNTY OF BRC]NSWICK Lanvale Corporation, a North Carolina corporation, (herein " DECLARANT') heretofore executed the Declaration of Protective Covenants of Lanvale Residential Property and caused the same to be recorded in Book 2008, Page 460, et seq., in the Brunswick County Registry (herein the "Pzotective Covenants'l; and WHEREAS, in accordance with Article 3 and Article 10 of the Protective Covenants, the DECLARANT has the right to develop and annex additional land and to make the same subject to the Protective Covenants by an amendment to the Protective Covenants; and WHEREAS, the DECLARANT has developed additional lots designed as phase 1-C Wedgewood at Lanvale all of which the DECLARANT desires to annex and be madz subject to thn Protectivc Covenants. NOW, THEREFORE, the DECLARANT does hereby amend the Protective Covenants and any amendments thereto as follows: By making subject to said Protective Covenants and annezing thereto, the following described properties: BT�NG ALL OF Lots 82 TEROUGH 108 Wedgewood at Lanvale Phase 1-C as shown on map recorded in Map Cabinet 36, Page 532 in the Brunswick County Registry, reference to which map is hereby made for a more particular description. WHEREAS, in accordance with Article 12, Section 2 of the Protective Covenants, the DECLARANT has the right to amend the Protective Covenants; and WHEREAS, the DECLARANT desires to amend Article 9, Section 3 to provide for the square footage of the fully enclosed and heated floor space of any dwelling in Wedgewood at Lanvale Phase 1-C, Lots 82 through 108. MAR i 9 2412 61324YS llilllif�lf I1111111111I�III�fIplll m pies -xSGW Brunaulak Cc�mty, G Raglatar of Daads page 2 of 4 NOW, TMREFORE, the DECLARANT does hereby amend the Protective Covenants as follows: Article 9, Section 3 is hereby amended by adding the following as it pertains to Lots 82 through 108 within Wedgewood at Lanoale Phase 1-C, hots 82 through 108. Article 9, Section 3 Any dwelling constructed on Lots 82 through 108 within Wedgewood at Lanvale, Phase L-C, shall contain not less than 1038 square feet of fully enclosed and heated floor space all devoted to living purposes fexelustve of roofed or unroofed porches, breezeways, terraces, porches, steps, walks, garages and any outbuildings). In computing the number of square feet allowed as provided herein, no square footage in any part of the dwelling that is constructed over a garage will be counted, unless it is an integral part of the living space and approved by DECLARANT. WIEREAS, the DECLARANT desires to amend Article 1, Definitions, to add Section 18 which contains the definition of Builder. NOW, THEREFORE, the DECLARANT does hereby amend the Protective Covenants as follows. Article 1 is hereby amended by adding Section 18 Builder. Article 1, Section 18 Builder Buildez shall mean any person who purchases from DECLARANT one or more lots for the purpose of construction of improvements for the later sale to consumers or parcels of land within the properties for further subdivision, development and/or release in the ordinary course of such Person's business. WFMREA.S, the DECLARANT desires to amend Article 6, Section 1, QMkion o the Lien and PMomaj Obligation of Agessinmis by inserting the fbUowing paragraph prior to the last paragraph of Section 1. NOW, THEREFORE, the DECLARANT does hereby amend the Protective Covenants as follows: Article 6, Section 1, is hereby amended by inserting the following paragraph prior to the last paragraph of Section 1: Article 6, Section 1, Creation of the !fen and Xersonal Obligation of Assessments Builder shall pay the general assessments for its Lots at the time each Lot with improvements is sold. Builder shalt pay the general assessment on any remaining unsold lots prior to one year from the date of purchase of the Lots from DECLARANT. fir329v5 4��11flrunllllllflfll�lftl�l�lil���F D�" page of ° WHEREAS, the DECLARANT desires to amend Article 6, Section! 5. Worlang Capital Assessment to clarify Builder's responsibility for working capital assessment NOW, THEREFORE, the DECLARANT does hereby amend the Protective Covenants as follows: Article 6, Section 5, Working Capital Assessment, is hereby amended by delet%gthe first sentence in Sections and Inserting -the following: Article 6, Section 5, Working Capital-ssessment At the time title is conveyed to an Owner by DECLARANT or Builder, each Owner shall contribute to the Association, as working capital, an amount equal to the amount of one year's general assessment WHEREAS, the DECLARANT desires to amend Article 7. Architectural Conti to clarify DECLARANT'S rights to Architectural Control. NOW, THEREFORE, the DECLARANT does hereby amend the Protective Covenants as fnllnws: Article 7, Section 2, Architectural ContmL is hereby emended to clarify DECLARANT'S rights by deleting the sentence in Section 2 and inserting the following: Article 7, Architectural Control Section 2 All duties and responsibilities conferred upon the Executive Board or the Architectural Control Committee by these Protective Covenants or the Bylaws of the' Association may be exercised and performed by the DECLARANT or its Designac at its discretion, until 100% of the properties have been developed and conveyed to Owners other than Builders. Except as amended herein, the aforesaid Protective Covenants shall be and remain in full force and effect. This the Qnd day of /j a , 2D07. SIGNATURES TO FOLLOW ON SEPARATE PAGE 61MA es--as-seep I�IIf11irunswilIIf�I�11yIIR�INfgllte1r of DEEdS 6 page 4cif �74�� LANVALE CORPORATION By; L24�00--t' — president NORTH CAROLINA 'G COUNTY , a k' �—) & � a '- — a Notary Public of the State and County aforesaid, certify that Joseph H. Goodman personally came before me this day and aclmowledged that he is President of LANVALE CORPORATION., and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President. WITNESS my hand and official seal this CA _ day of ', IG�rk� 2007. No_tary Publi Printed Name: My commission expires: /D-��— zap j ���tit►nuit�n�,u� `Ara4 9ti'tBRr 4;`p vAI s13xays Pi3jr�6}:e�iei,i46 M3 Bann 4ck mtY , NC Register of Deeds page 1 of 2 Preserdor i To1EiRev hk� Ck $ M Soh i _ Refund; Cash Mnm= t,Fwwmdd=MMmav edietrwid* 19 a3Qmi V ozumuo emd44a mb WW b/ztm iuhrcmer/ tudm�l 6e npmduoed of4Dy16d AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS OF LANVALE RESIDENTIAL PROPERTY ANNEXING PHASE 1, LOTS 68, 69,70 & 71 Prepared by: Murchison, Taylor & Gibson, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Lanvale Corporation, a North Carolina corporation, (herein " DECLARANT") heretofore exeauted the Declaration of Protective Covenants of Lanvale Residential Property and caused the same to be recorded in Book 2008, Page 460, of seq., in the Brunswick County Registry (herein the "Prottetive Covenants"); and WMREAS, in accordance with Article 10 of the Protective Covenants, the DECLARANT has the right to amend the Protective Covenants; and WHEREAS. the DECLARANT has dcvcloped additional lots designed as Phase I Wedgewood at Lanvale which the DECLARANT desires to annex an e subject to Protective Covenants. [ o NOW, THEREFORE, the DECLARANT does hcreb> v areeed Covenants and any amendments thereto as follows: By making subject to said Protective Covenants and annetdng thereto, the following described properties: BEING ALL OF Lot 69, 69, 70 and 71, Wedgewood at Lanvale Phase 1 as shown on map recorded in Map Cabinet 39, Page 42 in the Brunswick County Registry, reference to which map is hereby made for a more particular description. Except as amended herein, the aforesaid Protective Covenants shall be and remain in fu11 force and effect. This the a,- day of May, 2007. LANVALE CORPORATION By: Name: ` 6 "e Title: President 61374 �FIVFI� MAR 1 t9 2012 BY: �p� ����l�i«ii� �og - �r 6runsuleic NORTH CAROLINA NEw HANOVER COUNTY a Notary Public of the State and By came County aforesaid, certify that before me this day and aclmowledged that he is President of Lanyale Corporation, and that by authority duly given and as the act of the corporation, the foregoing instrurnent was signed in its name by its President. WITNESS my hand and official seal this .1 se _ day of — xav- 2007. "WN- y Public My commission expires: 7/4/2010 `\+++X`'�� ���/n� H✓AN .n\��� 61324 Drawn By-. Jefirey P. Keeter �y0 Block Crouch, Keeter, Behm & Sayed, LLP 310 North Front Street, Suite 200 AAA P8106 e9 55-6meD�IIff @e jj738 bert J . Robinson �insaiak County, C Register of Deeds page 1 of 10 Will 41-IINFsenter �Ret: (� Total Rev t. Ck $ r. 9� ash $ Refund: C �r; � finance_ 0 PorUons of docur^er.; s e rie}; ie 4uu to condition Of original. 0 Documentamtairw sEJs verifed by original „ I strurrent thal C.irnot be reproduced or copied. Witudngton, NC 28401 �� �sy � �J Q�Qp�(���� a AMENDaOr TO TO DECLARATION OF PROTECTIVE COVENANTS OF LANVALE RESIDENTIAL PROPERTY - WEDGEWOOD AT LANVALE PHASE 2, SECTIONS 1 & 2 STATE OF NORTH CAROLIN COUNTY OF BRUNSWICK �Q THIS AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS of Lanvale Residential Property (this "Amendment to Declaration"} is made the 30th day of January, 2008 by WDB Developers, LLC, a North Carolina limited liability company (the "Declarant") which has a mailing address of 60 Gregory Road, Belville, NC 28451. RECITALS e Yb-\V WHEREAS, Lanvale Corpo> on caV to be ain map of subdivision for "Wedgewood at Lanvale, Phase l,, is 41-67 an -81"ttrmt 30, Page 538 as revised by the map recorded in Map Cabinet 31 Page 532, in &&office of the Register of Deeds of Brunswick County, and that certain DECLARATION OF PROTECTIVE COVENANTS OF LANVALE RESIDENTIAL PROPERTIES in Book 2008 Page 460 in the office of the Register of Deeds for Brunswick County which imposed covenants, conditions and restrictions upon those lots; and, WHEREAS, thereafter, Lanvale �rporation caused to be recorded a certain map for "Wedgewood at Lanvale, Phase 1-B, Lots �I0 and 12-40" in Map Cabinet 32, Page 423 in the office of the Register of Deeds for Brunswick ty, and tbal END MENT TO DECLARATTON OF PROTECTIVE COVENANTS ANVRESIDE ERTY ANNEXING PHASE 1-B LOTS 1-10 AND 12-40" in ok 2231 Pa �O®5 in the office of the Register of Deeds for Brunswick County; and, 1 — RECE MAR 1-9 2012 �� WVCQ1131ft0o BY: - — - 0 f I rr j 07738 P610108:�1mz_0B_ :51.0.000 Robert J. Robinson �� �unswick County, eglster of Deeds page 2 of 10 WHEREAS, Lanvale Corporation caused to be recorded a certain map for "Wedgewood at Lanvale, Phase l -C, Lots 82-108" in Map Cabinet 36, Page 532 in the office of the Register of Deeds for Brunswick County, and that certain "AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS OF LANVALE RESIDENTIAL PROPERTY" in Book 2566 Page 1207 in the office of the Register of Deeds for Brunswick Coun which annexed Wedgcwood at Lanvale, Phase 1-C, Lots 82-108 and further amended the Declarat' , and, � p WHEREAS, Lanvale Coreapiabinet n caul be recordy PA n map for "Wedgewood at Lanvale, Phase 1, Lots 68-71" in 39, 42 in the office of the Register of Deeds for Brunswick County, and that certain "AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS OF'LANVALE RESIDENTIAL PROPERTY ANNEXING PHASE 1, LOTS 68, 69, 70 & 71" in Book 2611 Page 1350 in the office of the Register of Deeds for Brunswick County; and, WHEREAS, Lanvale Corporation, a original Declarant, transferred its development rights upon certain land described therein and ' obligations as Declarant to WDB DEVELOPERS, LLC under that certain PARTIAL ASSIG NT AND ION OF DECLARAN'T'S RIGHTS AND ASSIGNMENT OF PERMITS TS AND UMENTS dated and recorded May 25, 2007 in Book 2615 at Pa 61 in the o of the Register o eeds for Brunswick County; and, WHEREAS, under Article 3 and Article 10 of the Declaration, the Declarant may, in its discretion add additional Property to the Lanvale at Wedgewood Subdivision at any time prior to December 31, 2030 or until all Lots are sold, without the consent or approval of any Class A memberships; and �® WHEREAS, under Article 12, 'tion 2 of the the Declarant may, in its discretion, amend the Declaration at any time r to Der 31, 203 1 Lots are sold, without the consent or approval of any Class A emberships; and WHEREAS, the Declarant now desires to further Amend the Declaration for the purpose of annexing additional properties into Wedgewood at Lanvale, as Phase 2, Sections I & 2 and subjecting those properties to the Declaration, as amended hereby; NOW, THEREFORE, the Dec] ursuant to the authority and powers granted under Article 12 of the Declaration does hereby amend the tion of Protective Covenants of Lanvale Residential Property, as previously �atl ded, a tt forth h 1. Annexation of Additional Proyerties� All properties shown upon those plats entitled "Wedgewood at Lanvale, Phase 2, Section I & 2", and recorded in Map Book 47 Pages 74-76 and Map Book 47 Page 97 of the Brunswick County Registry (the "Property"), are hereby annexed into the Wedgewood at Lanvale subdivision, and subjected to the terms of the Declaration, eretofore amended, and further shall be held, conveyed, encumbered, leased, rented, used, occupi d improv subject to the following covenants, conditions, restrictions and easements, which s with the 1 be binding on all parties having or acquiring any right, title or intcrest in�d to the erty or any p thereof, their heirs, personal representatives, successors and assign, and shall in the benefit of each owner thereof. The owners of Lots depicted upon the map referenced herein shall, upon recording a deed for same, become Members 2 4� a� 112-111-20 IIIII IlI 1&�;11!a%irtson 510000 410 nsWiek Ce�nty, egister of Deeds page 3 of t0 of the Association as defined and described in the Declaration, and shall be subject to the rules, regulations, responsibilities. and obligations of a Member, as set forth in said Declaration, including but not limited to the obligation to pay Assessments. 2. Amendments to Declarat$'. In addition to such amenTed s "that, are rlolfihl* sary to give full effect to the annexation of the Property as set f Para hereof, theevtion is further amended as to all Lots shown upon the Maps recon Map Book Pages 74-76 and Map Book 47 Page 97 of the Brunswick County Registry, as follows: A. Easements: i) Pond Lot EasqMtnA Each Lot which is adjacent to or abuts any retention, detention or stormwater nd (which shall herein be referred to collectively as "Stormwater Pond") s n upon the ed in Map Book 47 Pages 74-76 and Map Book 47 Page of the wick Co shall be subject to a twenty (20) foot easement ong with an He] to any boon line which abuts any such Stormwater Pond. The purpose of suc easement shall be for the upkeep, cleaning, landscaping, repairing, grading and otherwise maintaining such Stormwater Pond and its banks. ii) Landscape Maintenan a Easements: An easement and right of access is reserved upon each Lot gewood at Lanvale, Phase 2, Section 1 (Lots 1 — 16; 48 --� 76; 93-128) and Sect: (Lots 129 0, 4; 140-145) for the purpose of allowing one or more landscapFothc �br lav maint�v��� anies (a "Landscaper"}, their employees, agents,resentativk d assigns to =n those Lots at reasonable times and pursuant terms of 2wicement or contract between the Association or the Declarant and such Landscaper for the purposes of providing landscaping or lawn maintenance and care services under any such agreement or contract. B. Restrictions on Use nd Occupancy: i) Mailboxes/7M ailboxes (, o oved in writing by the . Declarant, during the period ontrol an?Z y the Architectural Control Committee. An apailbax 1 be provided and installed on each Lot by the Builder upon completion of consAkon of the residence upon any such Lot. Thereafter, it shall be the responsibility and expense of the Owner of any such lot to maintain and repair such mailbox and as necessary, to replace such mailbox. ii) Fencing Along Retention Ponds: All Lots which are adjacent to or abut any Stormwater Pond shall Aattimes have a fence along the common boundary of any such Lot and the Stormwond area ch fence shall be three (3) feet in height and shall be constrirdthereafter f suchdesignAM141=s, and at such location upon any such Lot as ed anSNArchitectural or' byarant during the period of Declarant control Control Committee. Any such fence upon any Lot shall be erected wholly within the boundaries of the Lot and shall not encroach upon the Stormwater Pond area or common areas or elements depicted 3 III I I I II II �II B2738 P0183 W 151:6mme mes�st,aam N. Robert J. Robinson Q runswick Coun Register of Deeds page 4 of to upon the maps of Wedgewood at Lanvale, as described above and in the Declaration as previously amended. The upkeep, maintenance, repair and replacement of any fence erected upon a Lot shall, be the sole responsibility and expense of the Owner of any that Lot upon which a fence is erected. iii) Minimum S uar oota e: ❑,A dwelling constructed upon any Lot subject to this Amend*nt to tl�e Prote`e is of Lanvale Residential Property shall contain not lean 1024 a feet of fu !I YOUed and heated floor space all devoted to living purposes (exclust of roofed or unroofed porches, breezeways, terraces, porches, steps, walks, garages, and any outbuildings). In computing the number of square feet allowed as provided herein, no square footage in any part of the dwelling that is constructed over a garage will be counted, unless it is an integral part of the living space and approved by Declarant. C. Landsca inees and LiJONWX Committees: G) Those Lots i Wedgew vale, Phase, Action 1 (Lots I —16; 48 — 76; 93-128 and Section 2 Lots 129-11�40-145 shall be provided landscaping and/or ( � )� P P g lawn maintenance services pursuant to one or more contracts or agreements between the Association and a landscaping or lawn maintenance company. The scope of the services to be rendered shall be determined by the Landscaping Committees, the membership and authority of which is set forth below. The cost of any services so provided shall be borne esively and equally by the Owners of Lots in each such Section. Such cost and pense steal e a service assessment and billed, collected, enforced and levied as Individual As escribed in Article 6, Section I (c) of the Declaration. �� 00) (H) Landscaping Committees: There shall be a Landscaping Committee for Section l and a Landscaping Committee for Section 2, of Wedgewood at Lanvale, Phase 2. Each Landscaping Committee shall be a formal Committee of the Association, but shall not be composed of Members of the Executive Board. The members of each Landsca ' g Committee shall be appointed by and serve at the discretion of, the DeclrliAssociatioQI g the period of Declarant control, and thereafter by the Executive Board of the period of Declarant Control all appointees to a LannIm4- e s � vner of a Lot in the Section which that LandscgXg Comnv�rves. It shall a function and duty of each Landscaping Committee to manage bd be responsible for the quality of service, selection of the landscaping or lawn maintenance contractor, terms of any contract between the selected landscaping or lawn maintenance contractor and the Association, and communications with Owners regarding landscaping issues, in or concerning the Section served by the Landscaping Committee. (iii) Termination ofAundscavine Services/Landsca in Committee: The Landscaping Services ded to any terminated, at the end of the term of any Association tract or�'m4g a ient for - n of those services, upon an affmmative vote ofAwners of not lean sixty-seven (67%) percent of the Lots in the Section being affected (the "Affected Section"). No action by the Owners of Lots in an 4 �a 02-06-2008 �� IIIIi PJ. oi icon M.] ister of Deeds page S of 20 Affected Section shall relieve the Association from its responsibilities under any landscaping or lawn maintenance contract the is outstanding at the time of such action, nor absolve any Owner in the Affected Section of his or her obligation to pay the service assessment for services performed under the terms of any pending Contract or Agreement. Upon the determination of Owners of an Affected Section that they agree to terminate the prove of lands�ing and lawn maintenance services to the Affected Section, the ociation shalll endment to the Declaration to be prepared and record o reflec' modification��cost of preparation and filing of such amendmenAhall be assesse?nd paid by the Owners of Lots in the Affected Section as an Individual Assessment. Upon the recording of the amendment the Landscaping Committee for such Affected Section shall terminate and cease to exist. D. Stormwater Runoff Regulations. Covenants pertaining to stormwater are to ensure ongoing c liance with North Carolina State Management Permit Number SW8 031055 issued by I ivision of Water quality under NCAC 2H.1000, and shall with land, ng%& upon all persons and parties claiming under the All drains es or drainageerns used to treat stonnwater runoff as required by the State of NI darolina may not be filled in, piped or changed without the consent of the Successor Declarant or its designee, the Association and the State of North Carolina Division of Water Quality. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The State of North Carolina is hereby made a beneficiary of these Covenants to the extWtessary to enforce compliance with its Stormwater management permit. Ion containing the stormwater runoff regulations cannot be changed or delete�vithout the v� ent of the State of North Carolina Division of Water ty. 90guater runoff system shall be a common expense an obligation Ile Association. The maximum allowable built -upon area per lot is as shown upon Exhibit "A" attached hereto and incorporated herein by reference. Declarant may further amend this section, at any time and in its sole discretion, to re- allocate a portion of the um allowable built -upon area assigned to any Lots owned by the Decl Decl H-aright to re -allocate such built -upon area assignments shall ter ate ar*expire a when such Lot is conveyed by Declarant. This allotted amount includes any built -upon area constructed within the boundaries of each such Lot, 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, state, coquina, and parking areas, but does not include raised, open wood dg, or the water surface of swimming pools. All runoff from built-u areas on thift�t drain into the permitted system. This may be accomplish ugh viding roof$ Ds which drain into the street, grading the lot to in toward eet, or grai ng Leter swales and directing them into the pond or street. Lots it will naturally drain into the system are not required to provide these measures. 5 b �o CC r �� ff BZ?38 ���J me Ss-5mmmmm f �I1I�II) ��� Robert 1. Robinson Brunswick Couni, 1C Register of Deeds page 6 of 10 3. Except as amended by this Amendment, and except as may be inconsistent with the terms or spirit of this Amendment, Declarant ratifies, reaffirms and republishes the Declaration of Protective Covenants of Lanvale Residential Property recorded in Book 2008 at Page 460 of the Brunswick County Registry, as previously amended as set forth in the recitals hereinabove. 0 IN WITNESS WHEREOF, the lalarant s cau ��wth"n to by duly executed as of the date first above written. If WDB DEVELOPERS, LLC 1* By: LOGAN MANAGEMENT COMPANY, INC., �V Manager ND 1. Logan, Presi ent By: Robert C. G. EXdml Manager State of North Carolina lingco County of N 61 I,Uw��V. t'JW _,a Notary Public of 4wDvv County, North Carolina do certify that on this ay of 16astyN , 200—b-, before me personally appeared D I. LOGAN, President of LOGAN MANAGENT COMPANY, INC., a North Carolina Corporation, Manager of WDB DEVELOPERS, LLCT orth Caro�}pa Limited Liability Company personally known to proved to me by sat `actory evice; proved to me on t0oath or affirma of who is personally known to me, to be the person(s) whose name(s) is/are signed on the preceding or attached record, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. 4 A I 9 A Nota Public �i �;btryl P tJ,US (Seal) My Commission expires: Jt UO N AI A TH p wcl�mml I'm Karr, 02-06-2008 IIIIII� tDPsils 51:57.000 runswick Coun�later of D� ds ' age 7on g page 7 of 10 N State of North Carolina County of V� otary Public�opfw& Wwwa County, North Carolina do certify that on this day of , 200_j_, before me personally appeared ROBERT C.G. EXUM, Manager of 1NDB DEVELO RS, LLC, a North Carolina Limited Liability Company personally known to me, proved to me by satisfactory evidence; proved to me on the oath w. fftrmation of who is personally known to me to be the person(s) whose name(s) is/ igned on the �r attached record, and acknowledged to me that he/she/they signed it vol ly for�'ated purpose. G') Nota Public (Seal) R lAbA f G✓QM S My Commission expires: \)Av�e q . H P. Fi �0 -ap-ERA C�,��•. 02-06-2008 loll MRllN 111ll1ll P0I07 08:51:61.000 J. Robinson ,nswick County, gister of Deeds page a of 10 EXHIBIT "A" Lot # Total Area sq.ft. Total Area, ac. Impervio s � Area, sq. �ii, ac. �A- fl /o Impervious 1 11,030 0. IVWvious 0. DD 0.27 2 7,934 0.18 3,00 � 0.07 0.38 3 7,416 0.17 3,000 0.07 0.40 4 8,069 0.19 3,000 0.07 0.37 5 7,953 0.18 3,000 0.07 0.38 6 7,926 0.18 3,000 0.07 0.38 7 7,926 0.18 3,000 0.07 0.38 8 7,926 0.18 3,000 0.07 0.38 9 7,926 0.18 C 3,000 0.38 10 8,134 0. 0 D 0.37 11 7,801 0. f8 3,0 �® 0.07 0.38 12 7,625 0.18 3,000 0.07 0.39 13 7,939 0.18 3,000 0.07 0.38 14 9,021 0.21 3,060 0.07 0.34 15 8,153 0.19 3,060 0.07 0.38 16 8,110 0.19 ® 3,060 0.07 0.38 48 F 7,649 Oje 0 D 0.40 49 7,125 0. f6 3,00% 0.07 0.43 50 7,857 0.18 3,060 0.07 0.39 51 8,372 0.19 3,060 0.07 0.37 52 8,057 0.18 3,000 0.07 0.37 53 7,881 0.18 3,000 0.07 0.38 54 7,836 0.18 3,000 0.07 0.38 55 7,793 0.18 3,000 0.07 0.38 56 7,761 0.18 0 CODF jP&7 0.39 57 7,731 0. 0 0.39 58 7,721 0. f8 3,0 0.07 0.39 59 8,268 0.19 3,000 0.07 0.36 60 8,329 0.19 3,000 0.07 0.36 61 7,269 0.17 3,000 0.07 0.41 62 6,858 0.16 3,000 0.07 0.44 63 6,858 0.16 & 3,000 0.07 0.44 64 6,858 0.16 3,000 0.07 0.44 65 6,858 0.16 3,000 0 7 0.44 66 6,$58 0.1 00 Op 0.44 67 6.858 0A 3, "M 0.07 0.44 68 6,858 0.16 3,000 0.07 0.44 a ++111IIIII �} � !� ��11 B2738 �4klnson runswlck Re ister of bD4ds � � g page 9 of 1@ �,® 69 6,283 0.14 3,000 0.07 0.48 70 7,530 0.17 3,000 0.07 0.40 71 7,197 0.17 3,475 0.08 0.46 72 6,928 0.16 3,450 0.08 0.50 73 6,928 0.16 3,475 0.08 0.50 74 6.928 0.16 a 3,45 VAC 0.08 0.50 75 6,928 0.1 475 0.50 76 6,928 0 3, 0.08 0.50 77 6,928 0.16 3,475-'0.08 0.50 78 6,928 0.16 3,450 0,08 0.50 79 6.928 0.16 3,475 0.08 0.50 80 7,328 0.17 3,450 0.08 0.47 81 9,194 0.21 3,475 0.08 0.38 82 7,837 0.18 F 3,450 0.08 0.44 83 11,272 0.26 3,475 0.08 0.31 84 11,094 U. Z� QA450 0.31 85 6,146 Om 3, 0.08 0.57 86 7,264 0.17 3,450ra 0.08 0.47 87 7,271 0.17 3,475 0.08 0.48 88 7,271 0.17 3.450 0.08 0.47 89 7,271 0.17 3,475 0.08 0.48 90 7,271 0.17 3,450 0.08 0.47 91 7,271 0.17 3,475 0.08 0.48 92 9,010 0.21 3145OU 0.08 0.38 93 8,305 0.1 Q 475 0.42 94 9,144 oaf MM0.05 0.38 95 8,158 0.19 3,475 0.08 0.43 96 7,100 0.16 3,450 0.08 0.49 97 7,752 0.18 3,475 0.08 0.45 98 7,752 0.18 3,450 0.08 0.45 99 7,752 0.18 3,300 0.08 0.43 100 9,582 0.22 3,450 0.08 0.36 101 9.928 0.23 3,00O U 0.07 0.30 102 7,571 O.uf w ,000 0.40 103 8,004 0 0,07 0.37 104 7,594 0.17 3,000 ® 0.07 0.40 105 7,513 0.17 3,000 0.07 0.40 106 7,595 0.17 3,000 0.07 0.39 107 7,595 0.17 3,000 0.07 0.39 108 7,595 0.17 3,000 0.07 0.39 109 8,220 0.19 3,000 0.07 0.36 110 7,720 0.18 3,000 0.07 0.39 ill 7,485 0.17 ¢, ,000 0.40 112 8.444 0 0.0 0.36 113 7,003 0.16 3,00 % 0.07 0.43 114 6,271 0.14 3.000 0.07 0.48 115 6,537 0.15 3.000 0.07 0.46 Of �`v 111 I lNLIIIf 1f f I I 101111111 a 1 aJ. Ro l�so�uns NC lsler of Deeds page 10 of 10 116 6,607 0.15 3,000 0.07 0.45 117 6,662 0.15 3,000 0.07 0.45 118 6,732 0.15 3,000 0.07 0.45 119 7,267 0.17 3,000 0.07 0.41 124 8,031 0.18 F3,000 0.07 0.37 121 8,620 0.20 3,000 0.07 0.35 122 8,350 0.10 110, 000 0.36 123 8,350 0. 3, 0.07 0.36 124 8,350 0.19 3,000 0.07 0.36 125 8,350 0.19 3,000 0.07 0.36 126 8,350 0.19 3,000 0.07 0.36 127 8,350 0.19 3,000 0.07 0.36 128 11,092 0.25 3,000 0,07 0.27 129 9,941 0.23 AF 3,475 0.08 0.35 130 8,946 0.21 4V 3,450 0.08 0.39 131 8,946 0.2,W l4475 0.39 132 8,946 04 3, 0.08 0.39 133 8,817 0.20 3,475 0.08 0.39 134 7,459 0.17 3,450 0.08 0.46 135 %896 0.25 3,475 0.08 0.32 136 9,057 0.21 3,450 0.08 0.38 137 8,734 0.20 3,475 0.08 0.40 138 8,783 0.20 3,450 0.08 0.39 139 9,859 0.23 3,475 0.08 0.35 140 8,200 0.1 450 0.42 141 8,521 0. 3, 0.08 0.41 142 7,504 0.17 3,45CO 0.08 0.46 143 7,659 0.18 3,475 0.08 0.45 144 7,956 0.18 3,450 0.08 0.43 145 10,520 0.24 3,420 0.08 0.33 Totals 906,943 20.82 363,940 8.35 0.41 10 02 iS 2008 Rkkinson1:29.000 100111011111 icCounty, NC Register of Deeds page of 6 011 Drawn By: Jeffrey P. Keeter Block Crouch, Keeter, Behm & Sayed, LL 310 Notch Front Street, Suite 200 (lJ� Wilmington, NC 2840101, Q 4 SECOND l MENT TO DECLARATION OF PROTECTIVE COVENANTS OF LANVALE RESIDENTIAL PROPERTY - WEDGEWOOD AT LANVALE PHASE 2, SECTIONS I & 2 p a� "�I,� ed ekx 4� Pr:esenteri.�[uchS Ret: NO Total _, . y,,> Ck 5di... �i:/ ci orFt;:rci. C] documeai wr;a'r,s cy moire? Instrument that 2arol be reproduced or copied STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK � Q D THIS SECOND AMENDMENT TO DECLAIATION OF PROTECTIVE COVENANTS of Lanvale Residential Property is made the 14th day of January, 2008 by WDB Developers, LLC, a North Carolina limited liability company (the "Declarant") which has a mailing address of 60 Gregory Road, Belville, NC 28451. RECITALS M WHEREAS, Lanvale Co or n ca ed to ��" certain ma of subdivision for "Wedgewood at Lanvale, Phase 1� s 41-67 a� 2-$1" inMapt 30, Page 538 as revised by the map recorded in Map Cabinet`s 1 Page 532, inoffice of the Register of Deeds of Brunswick County, and that certain DECLARATION OF PROTECTIVE COVENANTS OF LANVALE RESIDENTIAL: PROPERTIES in Book 2008 Page 460 in the office of the Register of Deeds for Brunswick County (the "Declaration") which imposed covenants, conditions and restrictions upon those lots; and, WHEREAS, thereafter, Lanvale orporation caused to be recorded a certain map for "Wedgewood at Lanvale, Phase 1-B, Loth 10 and 12-0 a Cabinet 32, Page 423 in the office of the Register of Deeds for Brunswic unty, that ce� ENT TO DECLARAITON OF PROTECTIVECOVENANTS LANV L SIDENTIAL P R Y A T ANNEXING PHASE 1-B LOTS I-10 AND 12-40" in Book 2231 Page in the office of the Register of Deeds for Brunswick County and F�.ECEIVED MAR 19 2012 I I IEIi I IEI 821�2 P0362 m2-15-zmm6 ia:i7:29.000 ' Rob4rt J. Robinson ".Uj�ck County, Register of Deeds page 2 of a WHEREAS, Lanvale Corporation caused to be recorded a certain map for "Wedgewood at Lanvale, Phase I-C, Lots 82-108" in Map Cabinet 36, Page 532 in the office of the Register of Deeds for Brunswick County, and that certain "AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS OF LANVALE RESIDENTIAL PROPERTY" in Book 2566 Page 1207 in the office of the Register of Deeds for Brunswick Co , which annexed Wedgewood at Lanvale, Phase 1-C, Lots 82-108 and further amended the Declare n; and, weft O % ��p���Ls Q . WHEREAS, Lanvale Corpration causetbe recorded a cc in map for "Wedgewood at Lanvale, Phase 1, Lots 68-71" in Map Cabinet 39, Pa` 42 in the office of the Register of Deeds for Brunswick County, and that certain "AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS OF LANVALE RESIDENTIAL PROPERTY ANNEXING PHASE 1, LOTS 68, 69, 70 & 71" in Book 2611 Page 1350 in the office of the Register of Deeds for Brunswick County; and, WHEREAS, Lanvale Corporation a original Declarant, transferred its development rights upon certain land described therein anobligation Declarant to WDB Developers, LLC under that certain PARTIAL ASSIGNME AND�ASSU DeclDECLARANT'S RIGHTS AND ASSIGNMENT OF PERMITS, CRACTS OTHER D TS dated and recorded May 25, 2007 in Book 2615 at Page 761 in the office of th gister of Deeds for Brunswick County; and, WHEREAS, WDB Developers, LLC caused to be recorded certain maps for "Wedgewood at Lanvale, Phase 2, Sections 1 & 2" in Map Cabinet 47 Pages 74-76 and Map Cabinet 47 Page 97 in the office of the Register of Deeds for Brunswick County, and that "AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS OF LAP A VALE RESIDENTIAL PROPERTY — WEDGEWOOD AT LANVALE, PHASE 2, SECTION01ment-Phase 2" in Book 2738 Page 100 in the office of the Register of Deeds for Brunswick County (the "Am WHEREAS, under ArticleSection 2 oDeclaration, thetclarant may, in its discretion, amend the Declaration at any time prior to December`,,31, 2030 or until all Lots are sold, without the consent or approval of any CIass A memberships; and, WHEREAS, no lots have been sold in Wedgewood at Lanvale, Phase 2, Sections 1 & 2 to date; and, WHEREAS, the Declarant now sires to fur�Amend the Declaration for the purpose of revising Exhibit "A" which was atta d to %le Ame � by substituting therefore and in the place thereof the schedule attac hereto asN bit "A" and f�evise the impervious surface calculations for the Phase 2 lots ide ifed in the schedule; NOW, THEREFORE, the Declarant pursuant to the authority and powers granted under Article 12 of the Declaration does hereby further amend the Declaration of Protective Covenants of Lanvale Residential Property, as previously amended, by deleting, in its entirety, Exhibit "A" of the Amendment -Phase 2 recorded in Book 27388 age 100 and substituting in the place thereof the Schedule of Impervious Areas Per Lot attached here Exhibit "A". Except as amended by this dme and et2pq!t consistent with the terms or spirit of this Amendment, Declar ratifies, rea sand republis fill Declaration of Protective Covenants of Lanvale Residential Property recorde �i Book 2008 at Page 460 of the Brunswick 2 O C�v �j 02-15-2009 Robert d. obinson Fswick Coun a�egister of Deeds page 3 of 6 �% County Registry, as previously amended as set forth in the recitals hereinabove, and the Amendment To Declaration Of Protective Covenants of Lanvale Residential Property — Wedgewood at Lanvale, Phase 2, Sections I & 2 recorded in Book 2738 at Page 100 of the Brunswick County Registry. IN WITNESS WHEREOF, the Decla v has caused this Declaration to by duly executed as of the date first above written. 4 State of North Carolina County of Y 1vi kI qL/ North Carolina do certify that on this . 'day of ROBERT C.G, EXUM, Manager of WDB DEN Company WDB DEVELOPERS, LLC By: G '$jX , Manager gy Pubic ofW Ode,/ County, 200_, before me personally appeared .RS, LLC, a North Carolina Limited Liability personally known to me; proved to me by satisfactory evidence; ++ proved to me on the oath or irmation of �lAC C4V who is personally known tc me, MM to be the person(s) whose name(s) is/ar gned n the pMC��ched record, and acknowledged to me that he/she/they signed it vole ily for its d purpose. :Yq Not Public I��b� P �Up,1rt5 (Seal) My Commission expires: •, HPFy �® Pei �& !` t kj��"tIfIlfs214z ���s�02_1:17Robert J. Rabinsen star of deeds page 4 of 6 CT EXHIBIT "A„ IMPERVIOUS AREA PER LOT WEDGEWOOD AT LANVALE. PHASE 2 Lot # Total Area sq.ft. Total Area, ac. oImpervious Area, sq. Impervious Area, ac. % Impervious 1 11,030 0.2 150 0.29 2 7,934 0AY 3, 0.07 0.40 3 7,416 0.17 3.150 0.07 0.42 4 8,069 0.19 3,150 0.07 0.39 5 7,953 0.18 3,150 0.07 0.40 6 7,926 0.18 3,150 0.07 0.40 7 7,926 0.18 3,150 0.07 0.40 8 7,926 0.18 3,150 0.07 0.40 9 7,926 3,150 0.07 0.40 10 8,134 40.18 .1 150 0.39 11 7,801 . 3, 0.07 0.40 12 7,625 0.18 3,150 0.07 0.41 13 7,939 0.18 3,150 0.07 0.40 14 9,021 0.21 3,150 0.07 0.35 15 8,153 0.19 2,960 0.07 0.36 16 8,110 0.19 2,950 0.07 0.36 17 8,209 0.19 2,950 0.07 0.36 18 8,327 0.19 2,950 0.07 0.35 -- 48 7,649 0.1W &U5O 0.39 49 1 7,125 0.W 2, 0.07 0.41 50• 7,857 0.18 2,950 0.07 0.38 51 8,372 0.19 3,150 0.07 0.38 52 6,057 0.18 3,150 0.07 0.39 53 7,881 0.18 3,150 0.07 0.40 54 7,836 0.18 3,150 0.07 0A0 55 7,793 0.18 3,150 0.07 0.40 56 7,761 0.18 3,150 0.07 0.41 57 7,731 0.16 150 0.41 58 7,721 0. 3 0.07 0.41 59 8,258 0.19 3,150 0,07 0-38 60 8,329 0.19 3,150 0.07 0.38 61 7,269 0.17 3,150 0.07 0.43 62 6,858 0.16 3,150 0.07 0.46 63 6,858 0.16 3,150 0.07 0.46 84 6,858 0.16 3,150 0.07 0.46 65 6,858 0.16 3,150 0.07 0.46 66 6,858 0.16 150 0.46 67 6,858 O.W 3, 0.07 0.46 68 6,858 0.16 3,150 0.07 0.46 mz-�5-zmoe IllMkIsz��z j. 06 son64Register of Deeds page 5 of 5run 69 6,283 0.14 3,150 0.07 0.50 70 7,530 0.17 3,150 0.07 0.42 71 7,197 0.17 3,475 0.08 0.48 72 6,928 0.16 3,223 0.07 0.47 73 6,928 0.16 3,475 0.08 0.50 74 6,928 0.16 3,223 0.07 0.47 75 6,928 0.16 0 3,475 nQ,98 0.50 76 6,928 0.1 3 0.47 77 6,928 a.% 3,4 0.08 0.50 78 6,928 0.16 3,223 0.07 0.47 79 6,928 0.16 3,475 0.08 0.50 80 7,328 0.17 3,223 0.07 0.44 81 9,194 0.21 3,475 0.08 0.38 82 1 7,837 0.18 a 3,223 0.07 0.41 83 11,272 0.26 3,475 0.08 0.31 84 11,094 0,25 0 3,223 WKQZ5QP7 0.29 85 6,146 0.1 5 0.57 86 7,264 O,W 3,22N 0,07 0.44 87 7,271 0.17 3,475 0.08 0.48 88 7,271 0.17 3,223 0.07 0.44 89 7,271 0.17 3,475 0.08 0.48 90 7,271 0.17 3,223 0.07 0.44 91 7,271 0.17 3,475 0.08 0,48 92 9,010 0.21 3,223 0.07 0.36 93 8,305 0.19 3,475 .08 0.42 94 9,144 0.2 V23 0.35 95 8,158 0. 3, 0.08 0.43 96 7,100 0.16 3,223 0,07 0.45 97 7,752 0.18 3,475 0.08 0.45 98 7,752 0.18 3,223 0.07 0.42 99 7,752 0.18 3,300 0.08 0.43 100 9,5B2 0.22 3,223 0.07 0.34 101 9,928 - 0.23 3,150 0.07 0.32 102 7,571 0.17 3,150 0.07 0.42 103 8,004 0.1 150 0.39 104 7,594 0, llr 3,T% 0.07 0.41 105 7,513 0.17 3,150 0.07 0.42 106 7,595 0.17 3,150 0.07 0.41 107 7,595 0.17 .3,150 0.07 0.41 108 7,595 0.17 3,150 0.07 0.41 109 8,220 0.19 3,150 0.07 0.38 110 7,720 0.18 3,150 0.07 0.41 111 7,485 0.17 3,150 0.07 0.42 112 8.444 0.19 150 0.37 113 7,003 O.T 37 0.07 0.45 114 6,271 1 0.14 3,150 0,07 0.50 115 6,537 0.15 3,150 0.07 0.48 B274P0366 02-15-2008 { T �. � fll� ��m:17:2s.mmm y� Robert J. Rabe B o 6 unswick Caun Register41rat Deeds page 116 6,607 0.15 3,150 0.07 0.48 117 6,662 0.15 3,150 0.07 0.47 118 6,732 0.15 3,150 0.07 0.47 119 7,267 0.17 3,150 0.07 0.43 120 8,031 0.18 3,150 0.07 0.39 121 8,620 0.20 V 3,150 0.07 0.37 122 8,350 0.19 0 3,150 Q Q 7 0.38 123 8,350 0.1 0 p 0.38 124 6,350 0. 3,1 0.07 0.38 125 8.350 0.19 3,150 0.07 0.38 126 6,350 0.19 3,150 0.07 0.38 127 8,350 0.19 3,150 0.07 0.38 128 11,092 0.25 3,150 0.07 0.28 129 9,941 0.23 3,475 0.08 0.35 130 8,946 0.21 3,223 0.07 0.36 131 8,946 0.21 3,475 08 0.39 132 8,946 0.2 3 0.36 133 8,617 0.2f 3,4 0.08 0.39 134 7,459 0.17 3,223 0.07 0.43 135 10,896 0.25 3,475 0.08 0.32 136 9,057 0.21 3,223 0.07 0.36 137 8,734 0.20 3,475 0.08 0.40 138 8,783 0.20 3,224 0.07 0.37 139 9,859 0.23 3,475 0.08 0.35 140 8,200 0.19 0 3,223 .07 0.39 141 8,521 0.20 75 0.41 142 7,504 0.W 3,gN, 0.07 0.43 143 7,659 0.18 3,475 0.08 0.45 144 7,956 1 0.18 3,223 0.07 0.41 145 10,520 1 0.24 3,420 0.08 0.33 Totals 923,479 1 21.20 373,250 8.57 0.41 N6 a , Drawn By: Q Jeffrey P. Keeler 6° Block Crouch, Keeler, Behm & Sayed, LLP �bP 310 North Front Street, Suite 200 11�11��111111�1ffJfj ffj S~�CIM C i ftlf//j �R11 O v, 1YG Presenter_`• $ LZ.trsh . Ref,n'I __•__.... ..__._.� �I, _ ante_ ��k� Al2008 i//////1 �z882p� star of DeQtls ""4i�5.44,f9, 00 pegs 9s of 7 Wilmington, NC 2840E C Q � 1. 1 8 �4 instrument Dal c inAa 'acute i r capied, AMENDM&T TO TO DECLARATION OF PROTECTIVE COVENANTS OF LANVALE RESIDENTIAL PROPERTY - WEDGEWOOD AT LANVALE PHASE 2, SECTION 3, Lots 18-47 STATE OF NORTH CAROLINA 6�V COUNTY OF BRUNSWICK THIS AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS of Lanvale Residential Property (this "Amendment to Declaration") is made this ZT& day of April, 2008 by WDB Developers, LLC, a North Carolina limited liability company (the "Declarant") which has a mailing address of 60 Gregory Road, Belvi Ile, NC 2451. C� R�ECITQ,,,p WHEREAS, Lanvale Cos: ration caused be recorded a irtain map of subdivision for "Wedgewood at Lanvale, Phase 1, Lots 41-67 and 71" in Map Cabinet 30, Page 538 as revised by the map recorded in Map Cabinet 31 Page 532, in the office of the Register of Deeds of Brunswick County, and that certain DECLARATION OF PROTECTIVE COVENANTS OF LANVALE RESIDENTIAL PROPERTIES in Book 2008 Page 460 in the office of the Register of Deeds for Brunswick County which imposed covenants, conditions and restrictions upon those lots; and, WHEREAS, thereafter, LanvCorporatio5 caused to be recorded a certain map for "Wed ewood at Lanvale, Phase 1-B, its 1-10 and 12%6" Cabinet 32, Page 423 in the office of the Register of Deeds for BrunswiCounty,1 that certain iVWM1 NT TO DECLARAITON OF PROTECTIVE COVENANT F LANVALL IDENTIAL PROPERTY ANNEXING PHASE I-B LOTS 1-10 AND 12-40" in Book 2231 Page Z 15 in the office of the Register of Deeds for Brunswick County; and, C�E DIE.012 [IMAR 2 p9RZD 2� 06-09-2006 i `` `II II II II��II1 Roberti son 19.000 QII II�1��1 �I n Brunswick County, NC Register of Deeds page 2 of 7 WHEREAS, Lanvale Corporation caused to be recorded a certain map for "Wedgewood at Lanvale, Phase 1-C, Lots 82-108" in Map Cabinet 36, Page 532 in the office of the Register of Deeds for Brunswick County, and that certain "AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS OF LANVALE RESIDENVhL PROPERTY" in Book 2566 Page 1207 in the office of the Register of Deeds for Brunswick C ty, which a ed Wedgewood at Lanvale, Phase 1-C, Lots 82-108 and further amended the Decl� ion; a d, WHEREAS, Lanvale Corporation caused &AV recorded a certain map for "Wedgewood at Lanvale, Phase 1, Lots 68-71" in Map Cabinet 39, Page 42 in the office of the Register of Deeds for Brunswick County, and that certain "AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS OF LANVALE RESIDENTIAL PROPERTY ANNEXING PHASE 1, LOTS 68, 69, 70 & 71" in Book 2611 Page 1350 in the office of the Register of Deeds for Brunswick County; and, WHEREAS, Lanvale Corporatio a original Declarant, transferred its development rights for the lands described therein and its ob ions as DecU WDB DEVELOPERS, LLC under that certain PARTIAL ASSIGNMENT ND UMPTI LARANT'S RIGHTS AND ASSIGNMENT OF PERMITS, C(ATRACTSS 4�%%4 T1 R DOGS dated and recorded May 25, 2007 in Book 2615 at Page 761 in the office of thetegister of Deeds for Brunswick County; and, WHEREAS, WDB Developers, LLC, as successor Declarant, caused to be recorded certain maps for "Wedgewood at Lanvale, Phase 2, Sections 1 & 2" in Map Book 47, Pages 74-76 and in Map Book 47, Page 97 in the office of the Register of Deeds for Brunswick County, and that certain "AMENDMENT TO DECLARATI?Regi9 OF PROTECTIVE COVENANTS OF LANVALE RESIDENTIAL PROPERTY — WEDOOD ATNVALE PHASE 2, SECTIONS I & 2" in Book 2738 Page 0100 in the office ofer of�� wick County; and, WHEREAS, under ArticlA-3 and Article of the Declaration, the Declarant may, in its discretion add additional Property to the Lanvale atlkedgewood Subdivision at any time prior to December 31, 2030 or until all Lots are sold, without the consent or approval of any Class A memberships; and WHEREAS, under Article 12, Sectin 2 of the Declaration, the Declarant may, in its discretion, amend the Declaration at any time prior �ecember 31, 2030 or until all Lots are sold, without the consent or approval of any Class A mehips; and WHEREAS, the Declaran ow desiresrther Amend VCheclaration for the purpose of annexing additional properties into Wedgewood at Dale, as Phase 2, Section 3 and subjecting those properties to the Declaration, as amended hereby; NOW, THEREFORE, the Declarant pursuant to the authority and powers granted under Article 12 of the Declaration does hereby further amend the Declaration of Protective Covenants of Lanvale Residential Property, as previously amendeas set forth herein: All properties shown upongose plats entit Wedgewood at Lanvale, Phase 2, Section 3, Lots 18-47, and recorded in Map Book _t— Pages ® of the Brunswick County Registry (the 2 09 %a� D O IMB2802 P1035 06-09-2008 Jill Robert J. Robinson �9.00m Brunswick C ty, NC Register of Deeds page 3 of 7 "Property"), are hereby annexed into the Wedgewood at Lanvale subdivision, and subjected to the terms of the Declaration, as heretofore amended, and further shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following covenants, conditions, restrictions and easements, which shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in and to the Property or part or parts thereof, their heirs, personal representatives, successors and assigns, and shall inure t e benefit of owner thereof. The owners of Lots depicted upon the map referenced herein sh upo%recordin same, become Members of the Association as defined and descri'in the D� tion, and s�ha t i&bject to the rules, regulations, responsibilities and obligations of a Member, as set in said Declaration, including but not limited to the obligation to pay Assessments. 2. Amendments to Declaration. In addition to such amendments at are reasonably necessary to give full effect to the annexation of the Property as set forth iraragraph I hereof, the Declaration is further amended as to all Lots shown upon the Map recorder Map Book as follows: '(,Sof the Brunswick County Registry, �,<� ¢oq.�4 � ���D A. Easements: Na i) Landscape Maintenance Easements: An easement and right of access is reserved upon each Lot in Wedgewood at Lanvale, Phase 2, Section 3 Lots 18 — 47 for the purpose of allowing one or more landscaping or lawn maintenance companies (a "Landscaper"), their emp� `ees, agents, representatives and assigns to go upon those Lots at reasonable tiand pursues} to the terms of any agreement or contract between the Asso7ct.g ecr the Dec ja " h Landscaper for the purposes of providing landscor IaN* aintenance a�d L a e services under any such agreement or cont �® B. Restrictions on Use and Occupancy: i) Mailboxes: All lboxes must be approved in writing by the Declarant, during the period of D rant control and thereafter by the Architectural Control Committee. An appro mailbox sh$� ovided and installed on each Lot by the Builder upon com ion o onstructrort idence upon any such Lot. Thereafter, it shal e the respon ' ity and !Zptenseothe Owner of any such lot to maintain and repair such mailbox an necessary, to replace such mailbox. ii) Minimum Square Footage: Any dwelling constructed upon any Lot subject to this Amendment to the Protective Covenants of Lanvale Residential Property shall contain not less than 1024 square feet of fully enclosed and heated floor space all devoted to living purposW(exclusive of roofed or unroofed porches, breezeways, terraces, porches, steps Cfalks, gars s, ;andany outbuildings). In computing the number of square fee�Wowed as prono square footage in any part of the dwelling that is corkacted o4 arage will be unless it is an integral part of the living space adapproved by pant. C. Stormwater Runoff Regulations. Covenants pertaining to stormwater e 10 r I l I&kRP1036���II I. Robinson Brunsw�ie unto. NC Reqister of Deeds Pace 4 of 7 �o are to ensure ongoing compliance with North Carolina State Management Permit Number SW8 031055 as issued by the Division of Water quality under NCAC 2H.1000, and shall run with the land and be binding upon all persons and parties claiming under them. All drainage swales or drainage patterns used to treat stormwater runoff as required by the e of North Carolina may not be filled in, piped or changed without the consent of Successor1�arant or its designee, the Association and the State of North Carol' ivisi�n of Wat Iteration of the drainage as shown on the approved Ps may no� ee place with oul(4�ncurrence of the Division of Water Quality. The State of NortFi�igarolina is hereby made a beneficiary of these Covenants to the extent necessary to enforce compliance with its stormwater management permit. This section containing the stormwater runoff regulations cannot be changed or deleted without the written consent of the State of North Carolina Division of Water Quality. The maintenance of the stormwater runoff system shall be a common expense and an ogation of the Association. C� The maximum a] Iowa uiIt-upon aI t is as shown upon Exhibit "A" attached hereto and incorpor� herein€ reference. gp�0?yeb � Qr Declarant may further amend this seen, at any time and in its sole discretion, to re- allocate a portion of the maximum allowable built -upon area assigned to any Lots owned by the Declarant. Declarant's right to re -allocate such built -upon area assignments shall terminate and expire as to each Lot when such Lot is conveyed by Declarant. IQ This allotted amount in es any bui Vo n area constructed within the boundaries of each such Lot, and t �portio,p of the between the front lot line and the edge of the pave r>� Builtn area incluDft is not limited to, structures, asphalt, concrete, ravel, brick, sto �late, coquina, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. All runoff from built -upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain into the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or °t. Lots that will naturally drain into the system are not required to provide the ensures. (I� �, Q4 3. Except as amend y this Am en�Q�ap�t, and excepl� �IPmay be inconsistent with the rant terms or spirit of this Amendment, Declaratifi reaffirms and republishes the Declaration of Protective Covenants of Lanvale Residential Property recorded in Book 2008 at Page 460 of the Brunswick County Registry, as previously amended as set forth in the recitals hereinabove. {Si ures ar ' oollowing pag4ftb 4 0 f f�1 rr �� " u Il�l� 111#,.,) n9uf ok� / f 1� "�`� 06_pg_ n A10 f 79, 0 ��� ste,. ofp De d. ' �bi e'o�: f9.000 oaae $ of 7 IN WITNESS WHEREOF, the Declarant has caused this Declaration to by duly executed as of the date first above written. 14 B DEVELOPED&MLC 11�10 By: LOGAN MANAGEMENT COMPANY, INC., Manager BY: © D 1. Logan, Press 4$j Robert C. WC,9,ianager State of North Carolina 0 County of klo 4acmitex a'NVry Public of "L" County, Nort Carolina do certify that on thisajday of, -:1- 200 go , before me personally appeared D 1. LOGAN, President of LOGAN MANAGEMENT COMPANY, INC., a North Carolina Corporation, Manager of WDB DEVELOPERS, LLC, a North Carolina Limited Liability Company personally known to me; proved to me by satisfactory evidence; proved to me on the oath affirmation of who is personally known to n to be the person(s) whose name(s) is signe& n the p ece!��W6sVed record, and acknowledged to me that he/she/they signed it vo4tarily for i?aciy�PLublic . (Seal) `,`��S�ultikrrr1f�r�� My Commission expires:�TI @04 �'ON 1ML�Ek CO Notary PUbft L, County s a/111?01? 1b �. -PH CAR01\-V 5 Ills 1�111 ���� 1111111111111111! Jill 111 02802 P1038 Robinson m�0� State of North Carolina Br 'IVek ounty. NC eaister of Deeds ease 6 of 7 County ofAW F 111,, ��(COL I��� Q D N14 a Notary Public of County, Nort Carolina do certify that on this 2day ofApr�l 200),, before me personally appeared ROBERT C.G. EXUM, Manager of WDB DEVELOPERS, LLC, a North Carolina Limited Liability Co,�rRpany ``��--�� personally known to me; o proved to me by satisfac�evidence; proved to me on the o meor affirmatioww who is personally known t ��� P��nn to be the person(s) whose name(s are signed orit receding or attaied record, and acknowledged to me that he/she/they signed it voluntarily for its stated''pu ose. tary Public (Seal) BOO `����1��1uE�tlkiHp�i My Commission expires: cO �Q�G3pZ? koron, fto CAR00 II I I I II11100 • IB�i�� 1 loll III Raber 5 on 19.000 Brunswick C v. NC Rtter of Deeds ob of 7 EXHIBIT "A" L Lot # Total Area sq.ft. Total A, ac. Impervious Area, sq.ft. Impervious Area, ac. % Impervious 18 8,327 .19 11 0 0.07 0.35 19 7,469 it0.17 2,950 LOO.07 0.39 20 7,143 0.16®2,950 0.07 0.41 21 7,470 0.17 2,950 0.07 0.39 22 8,008 0.18 2,950 0.07 0.37 23 9,445 0.22 2,950 0.07 0.31 24 11,486 0.26 2,950 0.07 0.26 25 13,543 0 2,950 0.07 0.22 26 8,654 .20 0 0.07 0.34 27 7,141 , C.16 2, 0.07 0.41 28 8,976 0.21 2,950 0.07 0.33 29 10,326 0.24 02,950 0.07 0.29 30 11,323 0.26 2,950 0.07 0.26 31 12,961 0.30 2,950 0.07 0.23 32 12,525 0.29 2,950 0.07 0.24 33 15,239 0.35 2,950 10.07 0.19 34 11,934 qO 2,950 0.07 0.25 35 12,261 .28 0.07 0.24 36 10,988 0.25 2,9 0.07 0.27 37 12,258 0.28 2,950 0.07 0.24 38 7,637 0.18 2,950 0.07 0.39 39 7,571 0.17 2,950 0.07 0.39 40 8,407 0.19 2,950 0.07 0.35 41 7,752 0.18 2,950 0.07 0.38 42 7,803 0,1 2,950 0.07 0.38, 43 7,637 2,950 0.07 0.39 44 10,149 .23 0.07 0.29 45 7,811 0.18 2,95 0.07 0.38 46 8,1, 0.19 2,950 0.07 0.36 47 7,686 0.18 2,950 0.07 0.38 Totals 288,074 6.61 86,500 2.03 0.32 b Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, March 20, 2012 10:48 AM To: 'Scott Kennedy' Subject: RE: Wedgewood Subdivision Attachments: 2012 03 permit —correction 031055.x1sx; 0000_Regulations_Transfer SL2011-256.pdf Scott, Also, there are a couple of other things that we will need for the transfer (per 51-2011-256, attached). 1.) 50% Lots Sold: Per Section 1 we have to have documentation that the permittee (WBD Developers, LLC) has sold at least 50% of the lots to people. The law says "to owners other than a declarant". This is still a fairly new regulation that is being implemented, but other projects have submitted a list of the lot numbers and their associated current owners to show that the lots are owned by entities other than WBD Developers, LLC (or its affiliates if it has any). 2.) Ownership in Subdivision: Mr. Logan also has to still be affiliated with the subdivision (meaning he or one of his LLCs has to still own lots there) in order to be the HOA President. 3.) HOA Own Common Areas: The HOA has to own the common areas so that they can implement the permit. Also, Just FYI, I found a typo in the permit that will be corrected when this is transferred. Two of the lots were left out of the list of lots that had BUA/lot restrictions in the permit text (70 & 128). They have been recorded, and the recorded data matches what was in the notarized deed restrictions submitted with the application when the permit was written, so everything is fine. It was just a typo leaving those two lots out of the permit text (see attached). The attached document is just a draft with a blank date. I will fill that in when it is issued. We will schedule the inspection as soon as we can, but we will need documentation of the three items listed above to move forward after that. Thanks, KJ From: Scott Kennedy [maiIto: scoff. ken nedy@capefearengineering.coml Sent: Tuesday, March 20, 2012 8:42 AM To: Johnson, Kelly Subject: RE: Wedgewood Subdivision Yes, they are. From: Johnson, Kelly [mailto:kelly.p.johnson(o)ncdenr.gov] Sent: Tuesday, March 20, 2012 8:37 AM To: Scott Kennedy Subject: RE: Wedgewood Subdivision Scott, I do not know who this will be assigned to, so I don't know when it will be done. But, to be honest two weeks this generally takes more than two weeks because the neighborhood has to be inspected. But, in just looking quickly at the application are D. Logan and D.I. Logan the same person? Thanks, KJ From: Scott Kennedy fmailto:scott. ken nedy_@capefearengineering.corn ] Sent: Monday, March 19, 2012 3:48 PM To: Johnson, Kelly Subject: Wedgewood Subdivision Kelly, Hope you are doing well this afternoon. I dropped off a state stormwater permit name/ownership change form for permit no. SW8 031055MOD. After reviewing could you please let me know if the name change can be completed by April 2. The Lanvale Owners Association will be the new name on the permit. They would like to have this done by April 2. Please let me know if you need any further information from me regarding this name change. With regards, Scott H. Scott Kennedy, Jr. Cape Fear Engineering, Inc. Safety Officer 151 Poole Road Belville, NC 28451 910-383-1044 (voice) 910-383-1045 (fax) Notice: The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate, copy it in any form or take any action in reliance of it. If you have received this message in error please delete it and any copies of it and notify the sender immediately. . Completeness Review Checklist Project Name:qll�-u6f.@ Received Date: Project Location: vi�5w��'r` Accepted Date: Rule(s) 1-12008 Coastal a1995 Coastal11 Phase II (WiRO ) 11 Universal El1988 Coastal Type of Permit: New or Mod or PR -•cur Existing Permit # (Mod or PR): 0 3 1 ()SS_, r1PE Cert on File? Density: HD or LD Type: Commercial or Residential UNCG: %: �(%OK?) Stream Class: ❑SA Map F-1Offsite to SW8 Subdivided?: Subdivisi ORW Paperwork Emalled Engineer on: 3 1 ;t, ❑Supplement(s) (1 original per BMP) BMP Type(s): �oN� ❑O&M with correct/original signatures (1 original per BMP except LS/VFS and swales) S ❑Application with correct/original signatures 14 3E -47 [Torp or LLC: Sig._Auth. per_SoS_ or letter Note to Reviewer: Cb J - ❑S505 (within 6mo) ee— ❑Soils Report with SHWT m ❑Calculations (signed/sealed) _15sU C r + 1 I �No obvious errors Cc) 1 1 Density includes common areas, etc Deed Restrictions, if subdivided: Signed & Notarized MCorrect Temolate {Comm/Res & HDAD1 or Dec. Covenants & Rest. Plans ElSets MDetails (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Grading Wetlands: Delineated or No Wetlands Vicinity Map Layout (proposed BUA dimensions) Legend 1-1DA Maps El Project Boundaries Infiltration Wet Pond Offsite Soils Report Soils Report �PE Cert for Master Lot #: SHWT: SHWT: Deed Rest for Master Lot # Matches Master Bottom: PP: BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf Additional Information: Parmittarl Prnnnearl• Prnr�nea� Prnnneori• BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) Compliance Inspection Report Permit: SW8031055 Effective: 04/16/08 Expiration: 10/25/20 Owner: Wdb Developers LLC Project: Wedgewood at Lanvale County: Brunswick Sr 1438 Brunswick Co Region: Wilmington Contact Person: D Logan Directions to Project: Title: Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 1 - (Jackeys Creek) (03-06-17 } { C;Sw) On -Site Representatives): Related Permits: Inspection Date: 03/30/2012 Entry Time: 09:00 AM Primary Inspector: Kelly Johnson Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ® Compliant Q Not Compliant Question Areas: ® State Stormwater (See attachment summary) Southport NC 28461 Phone: Exit Time: 09:15 AM Phone: 919-733-5083 Inspection Type: Compliance Evaluation Page: 1 Permit: SW8031055 Owner - Project: Wdb Developers LLC Inspection Date: 03/30/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: File Review/inspection. Pictures were submitted via email showing that the drawdown orifice of the pond has been unclogged so that the pond can drawdown correctly. File Review Yes No NA NE Is the permit active? ® ❑ ❑ Q Signed copy of the Engineer's certification is in the file? ®❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ®� ❑ Copy of the recorded deed restrictions is in the file? ® D ❑ Q Comment: Page: 2 CAPE FEAR Engineering, Inc. 151 Poole Road, Suite 100 881ville, NC 28451 TEL (910) 383-1044 FAX (910) 383-1045 www.capefearengineerin_q.com To JNCDENR Attn: I Kelly Johnson ❑ As Requested ❑ Sent via Mail ❑ For Your Files ® Sent via Courier REC'D MAR 19 2012 Transmittal Date: March 19, 2012 File: 807-021 "36" Subject. Wedgewood Subdivision SW8 031055MOD ❑ For Distribution ® For your Review 1 Action 1 Approval Quantity Drawing No. Description 1 State Stormwater Permit Name/Ownership Change Form executed 1 Copy of Stormwater Pond Certification for above referenced permit 1 Copy of Restrictive Covenants for Wedgewood REMARKS CC: File Cape Fear Engineering, Inc. File'. Signed-, Scott Kennedy Received By: Date: �oF w A rF,�Q Michael F. Easley, Governor William G, Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coteen H. Sullins Director Division of Water Quality May 1, 2008 Mr. D. Logan, Managing Member WDB Developers, LLC 60 Gregory Road, Suite 1 Belville, NC 28451 Subject: Stormwater Permit No. SW8 031055MOD Correction Wedgewood High Density Subdivision Project Brunswick County Dear Mr. Logan: The Wilmington Regional Office issued an Offsite Stormwater Management Permit number SW8031055MOD dated April 16, 2008. The stormwater permit expiration date is incorrectly reported to be October 15, 2007. The correct expiration date is October 25, 2016 and has been correct in the stormwater permit number SW8021055MOD, Wedgewood. Enclosed you will find the corrected page 2 of 9 for the previously referenced permit. Please replace the previous issued page 2 of 9 with the corrected section enclosed herein. The incorrect date also appeared on the cover letter that accompanied the permit. You may hand correct or discard the cover letter at your discretion. If you have any questions concerning this matter please feel free to call me at (910) 796-7304. Sincerely, GV Chris Baker Environmental Engineer II ENBlcsb: S:IWQSISTORMWATERILETTERS120081031055MOD.may08 cc: Meridith Butler, Cape Fear Engineering File North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Wilmington Regional Office Internet: www.trewaterguality org Fax (910) 350.2004 one NoAliCarolina ,A1alura!!y Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper State Stormwater Management Systems Permit No. SW8 031055MOD STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES' DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO D.I. Logan and WDB Developers, LLC Wedgewood Lanvale Road, Brunswick 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 October 25, 2016 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. Phase I of the subdivision is permitted for 108 lots, each allowed a maximum of 3,200 square feet of built -upon area. See the table below for Phase II allowable BUA/lot: Wed ewood Phase II 71-97 & 72-100, 1-14, 129-143 130-136, & Lot #'s 51-69, 15-50 (odd lot #'s 140-144 99 138 145 101-127 only) (even lot #'s only) Allowable BUA (0) 3,150 2,950 3,475 3,223 3,300 3,224 3,420 Page 2 of 9 • ' ' r\NATF�, Michael 1. Easley, Governor William G. Ross Jr., Secretary North Carolina Department ot'Environment and Natural Resources Coleen 14, Sullins Director Division of Water Quality April 16, 2008 Mr. D. Logan, Managing Member WDB Developers, LLC 60 Gregory Road, Suite 1 Belville, NC 28451 Subject: Stormwater Permit No. SW8 031055MOD Wedgewood High Density Subdivision Project Brunswick County Dear Mr. Logan: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Wedgewood on April 11, 2008. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 031055MOD, dated April 16, 2008, for the construction of the project, Wedgewood. This permit shall be effective from the date of issuance until October t5,.2407- and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Chris Baker, or me at (910) 796-7215. Sinc ly, "'' 'g / Edward Beck Regional Supervisor Surface Water Protection Section ENBlcsb: S:IWQSISTORMWATERIPERMlT1031055MOD.apr08 cc: Lawrence Gilman, P.E., Cape Fear Engineering, Inc. Brunswick County Inspections Brunswick County Engineering Chris Baker Wilmington Regional -Office NorehCarolina Central Files A'atura!!1l North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Custorner Service Wilmington Regional Office Internet: www.newateraualit,Lorg Fax (910) 350-2004 1-877-623-6748 An Equal OpporlunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper State Stormwater Management Systems Permit No. SW8 031055MOD STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO D.I. Logan and WDB Developers, LLC Wedgewood Lanvale Road, Brunswick 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 October 25, 2016 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. Phase I of the subdivision is permitted for 108 lots, each allowed a maximum of 3,200 square feet of built -upon area. See the table below for Phase II allowable BUA/lot: Wed ewood Phase II 71-97 & 71-97 72-100, 1-14, 3 3 130-136, & Lot #'s 51-69, 15-50 (odd lot 140-144 99 138 145 101-127 only) (even lot #'s only) Allowable BUA (sf 3,150 2,950 3,475 3,223 3,300 3,224 3,420 Page 2 of 9 State Stormwater Management Systems Permit No. SW8 031055MOD STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT IGH DENSITY SUBDIVISION DEVELOPMENT In accordanop with'the provisions of Article 21 of Chapter 143, General Statutes of North Carolina a�amend)ed, and other applicable Laws,, Rules, and Regulations �J PER I ++ SS N IS HEREBY GRANTED TO C.a D. Lo fan and WDB Developers, LLC 9 �I Wedgewood Lan'vale-Road, Brunswick County FOR THE construction,, operation`4n maintenance of a t deterption pond in compliance with the provisions of 15A NCAC 2 .1000 (hereafter r ferred tb as the "stormwater rules') and the approved stormwater m nagement plans and sp cifications and other supporting data as attached and on fi with and approved by t e [��ivision of Water Quality and considered a part of this permit. / This permit shall be effective from the date of issuance until.O�c tober 15, 2007 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume n(_Z_N1 ormwater 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. Phase I of the subdivision is permitted for 108 lots, each allowed a maximum of 3,200 square feet of built -upon area. See the table below for Phase 11 allowable BUAIIot: Wed ewood Phase II 71-97 & 72-100, 1-14, 129-143 130-136, & Lot Vs 51-69, 15-50 (odd lot Vs 140-144 99 138 145 101-127 only) (even lot Vs only) Allowable 3,150 2,950 3,475 3,223 3,300 3,224 3,420 Bl1A (sf) Page 2 of 9 State Stormwater Management Systems Permit No. SW8 031055MOD 3 4 5 Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. This pond must be operated with a 30' vegetated filter. 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 I C. d. e. f. 9, i. 1- I. m n. o. P. Drainage Area, acres: Onsite, ft : Offsite, ft2: Total Impervious Surfaces, ftz: Phase 1 108 Lots at 3,200 ft2: Phase 11 Lots at (see table) ft2 Roads/Parking, ftz: Sidewalks, ft2: Amenity Center, W. Pond Depth, feet: TSS removal efficiency: Design Storm: Permanent Pool Elevation, FMSL Permitted Surface Area @PP ftz: Permitted Storage Volume, ftj: Storage Elevation, FMSL: Controlling Orifice: Permanent Pool Volume, ft3: Forebay Volume, ft3: Maximum Fountain Horsepower - Receiving Stream 1 River Basin: Stream Index Number: Classification of Water Body: 11. SCHEDULE OF COMPLIANCE 71.14 3,366,208 None 1,122,824 345,600 458,800 292,723 10,019 15,682 10 90% 1 24 97,878 210,658 26 6" O pipe 584,483 123,891 2 .lackey's Creek / Cape Fear 18-77-3 "C;Sw" No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. Page 3 of 9 State Stormwater Management Systems Permit No, SW8 031055MOD 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. 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. 7. 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. 8. 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. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 11. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 12. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Page 4 of 9 State Stormwater Management Systems Permit No. SW8 031055MOD 13. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and 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. 14, Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 15. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 16. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 031055MOD, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is 3,200 square feet for Phase I. For Phase II maximum BUA/lot see table below: Wed ewood Phase Il 71-97 & 72-100, 1-14, 129-143 130-136, & Lot #'s 51-69, 15-50 (odd lot #'s 140-144 99 138 145 101-127 only) (even lot #'s only) Allowable 3,150 2,950 3,475 3,223 3,300 3,224 3,420 BUA (sf) 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. Page 5 of 9 State Stormwater Management Systems Permit No. SW8 031055MOD 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. 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 18. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 19. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. C. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 2. 20. 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. Page 6 of 9 State Stormwater Management Systems, Permit No. SW8 031055MOD 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and 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 16th day of April, 2008. NORTH AROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 031055MOD Page 7 of 9 State Stormwater Management Systems Permit No. SW8 031055MOD Wedgewood Page 1 of 2 Stormwater Permit No. SW8 031055MOD Brunswick County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (period icallylweeklylfull time) the construction of the project, ( Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 8of9 State Stormwater Management Systems Permit No. SW8 031055MOD Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Brunswick County Building Inspections Page 9 of 9 DWQ USE ONLY Date Received Fee Paid Permit Number State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): WDB DEVELOPERS LLC 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): D.I. Logan, Managing Member 3. Mailing Address for person listed in item 2 above: 60 Gregory Road City: Belviiie State:NC Zip:28451 Phone: 910 1 452-7175 Fax: Email: 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): WEDGEWOOD 5. Location of Project (street address): Lanvale Road - approximately 1.25 mi. NNE of the intersection of Lanvale Road (SR1438) and US Hwv 17 South. City: Leland County:Brunswick 6. Directions to project (from nearest major intersection): From Leland NC travel south on US H #17 from NC !Lwy 74 - 2.9 mi. to Lanvale Road turn right on Lanvale Road approximately 1.25 mi. to Kingsbridge Road on the right. 7. Latitude:34-13-01 Longitude.78-02-58 of project 8. Contact person who can answer questions about the project: Name:D.1. Email: Telephone Number: (910 ) 452-7175 II. PERMIT INFORMATION: Form S WU-101 Version 8.07 Page 1 of 4 1. Specify whether project is (check one): ❑New ❑Renewal ®Modification 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number SW8 031055 and its issue date (if known)October 25, 2006 3. Specify the type of project (check one): ❑Low Density ®High Density []Redevelop ❑General Permit ❑Universal SMP ❑Other 4. Additional Project Requirements (check applicable blanks): ❑CAMA Major ®Sedimentation/Erosion Control 0404/401 Permit ❑NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Curb and gutter collections stem with a wet detention basin for on -site storm -water treatment 2. Stormwater runoff from this project drains to the Cape Fear River basin. 3. Total Site Area: 79.36 acres 4. Total Wetlands Area:4.40 acres 5. 100' Wide Strip of Wetland Area: 2.32 acres (not applicable if no wetlands exist on site) 6. Total Project Area**: 79.36 acres 7. Project Built Upon Area:32.47 % 8. How many drainage areas does the project have? 1 9. Complete the foIIowing information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. iBasan'informahon- DramaEeArea Iz;' �.tK<�",'i raA-.xezrsVq. `§''`r,you .. lxDrauiage Area 2ss' Receiving Stream Name Jackey's Creek Stream Class & Index No. C Sw 18-77-3 Drainage Area (so 3,366,208 sq. ft. (71.14 ac) TOTAL Existing Impervious* Area (so 0 Proposed Impervious*Area (sf) 1.,122,824 sq. ft. (25.78 ac) Impervious* Area (total) 36.24% r,fYw Sur��,� t; Im e�vious,;face:Area '_ ,Drairia e`11reaprautage?Area.2G On -site Buildings (so 804,400 sq. ft. (18.47 ac) On -site Streets (so 292,723 sq. ft. (6.72 ac) On -site Parking (so 0 On -site Sidewalks (so 10,019 sq. ft. (0.23 ac) Other on -site (so 15,682 sq. ft. (0.36 ac) (AMENITY) Off -site (so 0 Total (so: 1,122,824 sq. ft. (25.78 ac) Form SWU-101 Version 8.07 Page 2 of 4 * Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. **Total project area shall be calculated based on the current policy regarding inclusion of wetlands in the built upon area percentage calculation. 10. How was the off -site impervious area listed above derived?lv A IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS One of the following deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. Form DRPC-1 High Density Commercial Subdivisions Form DRPC-2 High Density Developments with Outparcels Form DRPC-3 High Density Residential Subdivisions Form DRPC4 Low Density Commercial Subdivisions Form DRPC-5 Low Density Residential Subdivisions Form DRPC-6 Low Density Residential Subdivisions with Curb Outlets By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required in the above form, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed -or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SW401-Low Density Form SW401-Curb Outlet System Form SW401-Off-Site System Form SW401-Wet Detention Basin Form SW401-Infiltration Basin Form SW401-Infiltration Trench Form SW401-Bioretention Cell Form SW401-Level Spreader Form SW401-Wetland Form SW401-Grassed Swale Form SW401-Sand Filter Low Density Supplement Curb Outlet System Supplement Off -Site System Supplement Wet Detention Basin Supplement Infiltration Basin Supplement Underground Infiltration Trench Supplement Bioretention Cell Supplement Level Spreader/Filter Strip/Restored Riparian Buffer Supplement Constructed Wetland Supplement Grassed Swale Supplement Sand Filter Supplement Form SWU-101 Version 8.07 Page 3 of VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the interactive online map atlittp.//h2o.enr.state.nc.us/sti/msi maps.htm) 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. �Initial&, • Original and one copy of the stormwater Management Permit Application Form • Original and one copy of the Deed Restrictions & Protective Covenants Form • Original of the applicable Supplement Form(s) and O&M agreement(s) for each BMP ,:C2� • Permit application processing fee of $505 ($4,000 for Express) payable to NCDENR _,t, 2 • Calculations & detailed narrative description of stormwater treatment/management • Copy of any applicable soil report • Three copies of plans and specifications (sealed, signed & dated), including: - Development/ Project name - Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) V II. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm):Cape Fear Engineerin& Inc. Mailing Address:151 Poole Road, Suite 100 City:Beiville _ _ State:NC Zip:28451 Phone: (910 383-1044 Fax: (910 _ 1 383-1045 _ Email:Larry.jzilman@capefearengineering.com VII1. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, item 2) D.I. La an certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H .1000. Date-, 5—zd�� Form S WU-101 Version 8.07 Page 4 of 4 A ARTICLES OF ORGANIZATION OF WDB DEVELOPERS, LLC SOS I D: 907145 Date Filed: 4/4/2007 11.54:00 AM Elaine F. Marshall North Carolina Secretary of State C200740301204 Pursuant to Section 57C-2-21 of the North Carolina Limited Liability Company Act, the undersigned adopt the following Articles of Organization for the Company: ARTICLE I The name of the Limited Liability Company shall be WDB DEVELOPERS, LLC (the "Company"). ARTICLE II INITIAL REGISTERED AGEN'r AND REGISTERED OFFICE The street address of the initial registered office shall be 60 Gregory Road, Beh+ille, North Carolina 28451. &m%&* G>x"ty The mailing address of the initial registered office shall be 60 Gregory Road, Belville, North Carolina 28451 The name of the initial registered agent at the registered office is: D I. Logan. ARTICLE III PERIOD OF DURATION The Company's existence shall oornmence upon the acceptance and filing of these Articles of Organization by the Secretary of State of North Carolina and shall continue until dissolved pursuant to the terms of the Operating Agreement or North Carolina law. ARTICLE IV MANAGER MANAGED COMPANY The Limited Liability Company shall be Manager managed. Not all Members of the Limited Liability Company shall be Managers. ARTICLE V PARTIES TO THIS DOCUMENT The names and address of all persons executing these Articles of Organization are as follows: Jeffrey P. Keeter Block, Crouch & Keeter, LLP 310 N. Front Street Wilmington, New Hanover County, NC 28401 Phone (910) 763-2727 Fax (910) 762-6429 ARTICLE VI INDEMNIFICATION OF MANAGERS A. A manager of this Company shall not be personally liable to the Company or its members for monetary damages for breach of fiduciary duty as a Manager, except for liability (i) for any breach of Manager's duty of loyalty to the Company or its members, (ii) for acts or omissions not in good faith or which involve intentional misconduct or knowing violation of any law, (iii) for a transaction from. which the Manager derived an improper personal benefit, or (iv) under the provisions of Section 57C-4-07 of the North Carolina Limited Liability Company Act. B. A Manager of this Company shall be reimbursed for and indemnified by the Company against any payments made or personal liabilities reasonably incurred by any Manager in the authorized conduct of its business or for the preservation of its business or property. C. The Company may, by action of its Manager, provide indemnification to such of the officer, employees, and agents of the Company to such extent and to such effect as the Manager shall determine to be appropriate and authorized by applicable law. D. The rights and authority conferred in this Article shall not be exclusive of any other right which any person or the Company may have or hereafter acquire under any statute, provision of the Articles of Organization or Operating Agreement of the Company, Agreement, vote of members or disinterested Manager or otherwise. This the day of April, 2007. i-vll 011� gol a ' - - 2 Permit No. 5 (to be provided by DWQ) ARAi OF W A tF9 NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form must be filed out, printed and submitted. The Required Items Checklist (Part 111) must be printed, filled out and submitted along with all of the required information. L .PROJECT INFORMATION Project name Wedgewood Contact person DJ. Logan Phone number 910452-7175 Date 311812008 Drainage area number Pond 1 IL `DESIGKINFORMATION t Site Characteristics Drainage area 3,098,858 00 ftz Impervious area 1,122,824.00 ftz % impervious 36.23 % Design rainfall depth 1.00 in Storage Volume: Non -SR Waters Minimum volume required 145,686.00 ft3 Volume provided 210,658.00 rya Storage Volume: SR Waters 1-yr, 24-hr runoff depth in Pre -development 1-yr, 24-hr runoff ft3 Post -development 1-yr, 24-hr runoff ft3 Minimum volume required ft3 Volume provided ft3 Peak Flow Calculations 1-yr, 24-hr rainfall depth in Rational C, pre -development (unilless) Rational C, post -development (unitless) Rainfall intensity: 1-yr, 24-hr storm Whir Pre -development 1-yr, 24-hr peak flow ft'/sec Post -development 1-yr, 24-hr peak flow ft'isec Pre/Post 1-yr, 24-hr peak flow control ft'lsec Basin Elevations Basin bottom elevation 14.00 ft Sediment cleanout elevation 15.00 it Bottom of shelf elevation 23.50 ft Permanent pooi elevation 24.00 ft SHWT elevation 18.00 ft Top of shelf elevation 24.50 ft Temporary pool elevation 26.00 ft Form SW401-Wet Detention Basin-Rev.4 Parts I. & II. Design Summary, Page 1 of 2 Permit No -SW p U 3 1 (s55mc.t) (to oe provided by 1TWQ) 111. DESIGN INFORMATION Volume and Surface Area Calculations SA/DA ratio 1.97 (unitless) Surface area at the bottom of shelf 92,844,00 ft2 Volume at the bottom of shelf 538,061.00 ft' Permanent pool, surface area required 61,116.00 ft2 Permanent pool, surface area provided 97,878.00 ft2 OK Permanent pool volume 584,483.00 ft' Average depth for SAIDA tables 5.97 ft OK Surface area at the top of shelf 101,633.00 ft2 Volume at the top of shelf 635,299.00 ft' Forebay volume 123,891.00 ft' Forebay % of permanent pool volume 21.20 % OK Temporary pool, surface area provided 112,663.00 ft2 Drawdown Calculations Treatment volume drawdown time 3.65 days OK Treatment volume discharge rate 067 PI'!s Pre -development 1-yr, 24-h r discharge ft'!s Post -development 1-yr, 24-hr discharge fills Additional Information Diameter of orifice 6 in Design TSS removal 90 % Basin side slopes 3.00 A OK Vegetated shelf slope 10.00 :1 OK Vegetated shelf width 10.00 ft OK Length of flowpath to width ratio 3.00 :1 OK Length to width ratio 3.00 :1 OK Trash rack for overflow & orifice? y (Y or N) OK Freeboard provided 2.00 ft OK Vegetated filter provided? n (Y or N) Design must be based on 90% TSS removal Recorded drainage easement provided? y (Y or N) OK Capures ail runoff at ultimate build -out? y (Y or N) OK Drain mechanism for maintenance or emergencies pump Form SW401-Wet Detention Basin-Rev.4 Parts I, & 11_ Design Summary, Page 2 of 2 Permit No., Wa a 3) 0 5 5 t&-2 (to be provided by DWG?) III. REQUIRED ITEMS CHECKLIST Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Page/ Plan Initials Sheet No. 1. Plans (1" - 50' or larger) of the entire site showing: - Design at ultimate build -out, - Off -site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Basin dimensions, - Pretreatment system, High flow bypass system, - Maintenance access, - Recorded drainage easement and public right of way (ROW), - Overflow device, and Boundaries of drainage easement. �! 2, Partial plan (1" = 30' or larger) and details for the wet detention basin showing: - Outlet structure with trash rack or similar, - Maintenance access, - Permanent pool dimensions, - Forebay and main pond with hardened emergency spillway, - Basin crass -section, - Vegetation specification for planting shelf, and - Filter strip. DD 3. Section view of the dry detention basin (1" = 20' or larger) showing: Side slopes, 3:1 or lower, - Pretreatment and treatment areas, and Al - Inlet and outlet structures. 4, If the basin is used for sediment and erosion control during construction, clean out of the basin is specified e on the plans prior to use as a wet detention basin. 5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for Forebay, I I to verify volume provided. eic�Y/ B. An assurance that the installed system will meet design specifications upon initial operation once the project is complete and the entire drainage area is stabilized. 7. A construction sequence that shows how the wet detention basin will be protected from sediment until the entire drainage area is stabilized. �} 8. The supporting calculations, i4h"d 9. A copy of the signed and notarized inspection and maintenance (I&M) agreement. 10. A copy of the deed restriction. Form 5W401-Wet Detention Basin-Rev.1 Part III. Required Items Checklist, Page 1 of 1 Permit Number: L'T & 1 OS !�' M 02) (to be provided by DWQ) Drainage Area Number: Wet Detention Basin Inspection and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one): ❑ does ® does not incorporate a vegetated filter at the outlet. This system (check one): ❑ does ® does not incorporate pretreatment other than a forebay. Important maintenance procedures: - Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). - No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. - Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. - If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of inspection and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How I will remediate theproblem: The entire BMP 'Trash/debris is present. Remove the trash/debris. The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed, remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer ap2lication. Vegetation is too short or too Maintain vegetation at a height of long. I, approximately six inches. Form SW401-Wet Detention Basin I&M-Rev.2 Permit Number: Y 0.31 S 5 MOZ (to be provided by DWQ) Drainage Area Number: BMP element: Potentialproblem: How 1 will remediate theproblem: The inlet device: pipe or The pipe is clogged. Unclog the pipe. Dispose of the swale sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to swale. smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible. Remove the sediment and sediment storage. dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to revent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary, Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than s ra in . The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible. Remove the sediment and storage depth. dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over Consult a professional to remove 50% of the area. and control the algal growth. Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray). the basin surface. Form SW401-Wet Detention Basin 1&M-Rev2 Permit Number: '_f) W R D 31< S EAU (to be provided by DWQ) Drainage Area Number: BMP element: Potentialproblem: How Lwill remediate the rablem: The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and beaver activity is present. consult a professional to remove beavers. A tree has started to grow on Consult a dam safety specialist to the embankment. remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet. the 401 Oversight Unit at 919-733- 1786. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads _9' feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 9' feet in the forebay, the sediment shall be removed. Sediment Removal Bottom BASIN DIAGRAM (fill in the blanks) 15' Pe manen\ --------------- --- Volume 14' -ft Min. Sediment Storage FOREBAY Permanent Pool Elevation 24' Pool - - - - Sediment Removal Elevation 15'- - Volume Bottom Elevation 14' MAIN POND 1^ ln. Sediment Storage Form S W401-Wet Detention Basin I&M-Rev.2 Permit Number: -5 W$ U 3 10 5 5 Mc%7) (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name: BMP drainage area number: Print name: Title Addr Phon Sign, Date LL Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, d 3aff M4 CIA, 4i_ , a Notary Public for the State of . korm C�Y0��1 aunty of geW &Qya—, do hereby certify that personally appeared before me this z$ day of , C�VVO , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, ZIP �j g AV8LI tiOtVER t00`\`\``�� SEAL My commission expires Z I aa, Form SW401-Wet Detention Basin I&M-Rev.2