SW8030725_Current Permit_20030923

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
= Alan W. Klimek, P.E.,Director
p Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 23, 2003
Mr. Bruce Jackson
Avalon Oaks, LLC
615 Princess Street
Wilmington, NC 28401
Subject: Permit No. SW8 030725
Avalon Oaks
Low Density Subdivision Stormwater Permit
New Hanover County
Dear Mr. Jackson:
The Wilmington Regional Office received a complete Stormwater Management Permit Application for
Avalon Oaks on September 16, 2003. Staff review of the plans and specifications has determined that the
project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000.
We are forwarding Permit No. SW8 030725, dated September 23, 2003, for the construction of the
project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein, and does not supercede any other agency permit that may
be required.
If any parts, requirements, or limitations contained in this. permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be fmal and binding.
If you have any questions, or need additional information concerning this matter, please contact either
Laurie Munn or me at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/:Ism S:\WQS\STORMWAT\PERMIT\030725.sept03
cc: Charles Cazier
New Hanover County Inspections
David Thomas, NCDOT — Division 3, District 3
Beth E. Wetherill, New Hanover County Engineering
Jim Gregson, Division of Coastal Management
Laurie Munn
Wilmington Regional Office
Central Files
N. C. Division of Water Quality 127 Car final Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]

State Stormwater Management Systems
Permit No.SW8 030725
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Avalon Oaks, LLC
Avalon Oaks
New Hanover County
FOR THE
construction, operation and maintenance of a 25% low density subdivision in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the
approved stormwater management plans and specifications, and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this
permit.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations:
I. DESIGN STANDARDS
The maximum built -upon area per lot is as follows: Lots 1-3 @ 3,750 square feet, Lots
4A & 4B @ 3,000 square feet, and Lot 4C @ 4,000 square feet, as indicated in the
approved plans. CAMA regulations may reduce the allowable built -upon area for those
lots within the AEC.
2. The overall tract built -upon area percentage for the project must be maintained at 25%,
per the requirements of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by
reference and are enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer
between all impervious areas and surface waters.
5. The only runoff conveyance systems allowed will be vegetated conveyances such as
swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and
approved by the Division.
6. All roof drains must terminate at least 30' from the mean high water mark.
2

State Stormwater Management Systems
Permit No.SW8 030725
II. SCHEDULE OF COMPLIANCE
1. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated,
and be operational for their intended use prior to the construction of any built -upon
surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the
swales or other vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to
operate the permitted stormwater management systems at optimum efficiency to include:
a. Inspections.
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
4. Deed restrictions are incorporated into this permit by reference and must be recorded with
the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions
must include, as a minimum, the following statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 030725, 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 as follows: Lots 1-3 @ 3,750 square feet,
Lots 4A & 4B @ 3,000 square feet, and Lot 4C @ 4,000 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the
edge of the pavement. Built upon area includes, but is not limited to, structures,
asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include
raised, open wood decking, or the water surface of swimming pools.
g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is strictly
prohibited by any persons.
h. Lots within CA.MA's Area of Environmental Concern may have the permitted
built -upon area reduced due to CAMA jurisdiction within the AEC.
i. Each lot will maintain a 30' wide vegetated buffer between all impervious areas
and surface waters.
j. All roof drains shall terminate at least 30' from the mean high water mark.

State Stormwater Management Systems
Permit No.SW8 030725
5. The permittee shall submit a copy of the recorded deed restrictions which indicates the
approved built -upon area per lot within 30 days of the date of recording.
6. The permittee shall submit all information requested by the Director or his representative
within the time frame specified in the written information request.
7. No piping shall be allowed except that minimum amount necessary to direct runoff
beneath an impervious surface such as a road and that minimum amount needed under
driveways to provide access to lots.
8. Unless specified elsewhere, permanent seeding requirements for the swales must follow
the guidelines established in the North Carolina Erosion and Sediment Control Planning
and Design Manual.
9. The permittee is responsible for verifying that the proposed built -upon area does not
exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon
area may not be revised without approval from the Division of Water Quality, and
responsibility for meeting the built -upon area limit is transferred to the individual
property owner.
10. If the permittee sets up an Architectural Review Committee (ARC) to review plans for
compliance with the restrictions, the plans reviewed must include all proposed built -upon
area (BUA). Any approvals given by the ARC do not relieve the lot owner of the
responsibility to maintain compliance with the permitted BUA limit.
11. Within 30 days of completion of the project, the permittee must certify in writing that the
project's stormwater controls, and impervious surfaces have been constructed within
substantial intent of the approved plans and specifications. Any deviation from the
approved plans must be noted on the Certification.
12. The Director may notify the permittee when the permitted site does not meet one or more
of the minimum requirements of the permit. Within the time frame specified in the notice,
the permittee shall submit a written time schedule to the Director for modifying the site to
meet minimum requirements. The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
13. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those listed below:
a. Any revision to any of the items shown on the approved plans, including the
stormwater management system, design concept, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the drainage
area.
e. Further subdivision, acquisition, or selling of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the approved
plan.
14. The Director may determine that other revisions to the project should require a
modification to the permit. -
15. Stormwater conveyances will be located in either dedicated right-of-way (public or
private), recorded common areas or recorded drainage easements. The final plats for the
project will be recorded showing all such required easements, in accordance with the
approved plans.
4

State Stormwater Management Systems
Permit No.SW8 030725
III. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and reissuance, or termination does not
stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and modifying
the permit, revoking and reissuing the permit, or terminating the permit as allowed by the
laws, rules, and regulations contained in Title 15A of the North Carolina Administrative
Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al.
5. The permit is not transferable to any person or entity except after notice to and approval
by the Director. The Director may require modification or revocation and reissuance of
the permit to change the name and incorporate such other requirements as may be
necessary. A formal permit request must be submitted to the Division of Water Quality
accompanied by the appropriate fee, documentation from both parties involved, and other
supporting materials as may be appropriate. The approval of this request will be
considered on its merits, and may or may not be approved.
6. The permittee is responsible for compliance with all permit conditions until such time as
the Division approves the permit transfer request. Transfers to third parties by the
permittee where the required documentation has not been submitted to the Division does
not relieve the pennittee of responsibility for transferring the permit.
7. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state and federal) which have jurisdiction. If any of those permits result in
revisions to the plans, a permit modification must be submitted.
8. The permittee grants permission to DENR Staff to enter the property during business
hours for the purposes of inspecting the stormwater management system and its
components.
9. The permittee shall notify the Division of Water Quality of any name, ownership or
mailing address changes within 30 days.
Permit issued this the 23rd day of September, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
----.._------�� ems. --------------
Alan W. Klimek, P.E., Director
T-oh Division of Water Quality
By Authority of the Environmental. Management Commission
Permit Number SW8 030725

OFFICE USE ONLY
Date Received Fee Paid Permit Number
3 yam, D s
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):
Avalon Oaks LLC
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
Bruce Jackson, Owner
3. Mailing Address for person listed in item 2 above:
615 Princess Street
City: Wilmin on State: NC Zip: 28401
Telephone Number: 910-763-1041
4. Project Name (subdivision, facility, or establishment name — should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Avalon Oaks
5. Location of Project (street address):
South side of Windy Hills Drive at ICWW
City: Wilmington County: New Hanover
6. Directions to project (from nearest major intersection):
From the intersection of NC 421 and NC 133 (Monkey Junction), travel east on Piner Road. At the end of
Piner Road, turn south on Myrtle Groye Road to Avalon Drive. Site will be at end of Avalon Drive on right
7. Latitude: N 340 07' 30" Longitude: W 770 52' 30" of project
8. Contact person who can answer questions about the project:
Name: Charles Cazier Telephone Number: 910-763-5100
H. PERMIT INFORMATION:
1. Specify whether project is (check one): X New Renewal Modification
Form SWU-101 Version 3.99 Page 1 of 4

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list
The existing permit number NA and its issue date (if known)
3. Specify the type of project (check one):
X Low Density _ High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
X CAMA Major ` Sedimentation/Erosion Control 404//401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
M. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
stormwater runoff will be treated by sheet flow and existing roadside swales_
2. Stormwater runoff from this project drains to the _Cape Fear River basin.
3. Total Project Area: 2.77 acres 4. Project Built Upon Area: 24.91 %.
5. How many drainage basins does the project have? 1
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Information
Drainage Basin 1
Drainage Basin 2
Receiving Stream Name
ICWW
Receiving Stream Class
SA ORW
Drainage Basin Area
2.77 ac
Existing Impervious * Area
NA
Proposed Impervious * Area
0.69 ac
% Impervious* Area (total)
24.91%
Impervious * Surface Area
Drainage Basin 1
Drainage Basin 2
On -site Buildings
21,250 sf
On -site Streets
8,810 sf
On -site Parking
-
On -site Sidewalks
-
Other on -site
Off -site
Total:
E= 30,060 sf
E=
* Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking
areas sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4

7. How was the off -site impervious area listed above derived?
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number SW3 030427 as issued by the Division of Water Quality These covenants may
not be changed or deleted without the consent of the State.
2. No more than * square feet of any lot shall be covered by structures of impervious materials.
Impervious materials include asphalt, gravel, concrete, brick stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
* Lot 4C 4, 000 s; Lot 4B 3, 000 sf; Lot 4A 3, 000 sf,-Lot 1 3,750 s; Lot 2 3,750 sf; Lot 3 3,750 sf.
3. Swales shall not be filled in, piped or altered except as necessary to provide d 4vewaay crossings.
4. Built -upon area in excess of thepermitted amount requires a state stormwater managementpermit modiflicationprior
to construction.
5. All permitted runofffrom outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and
persons claiming under them, that they will run with the land, that the required covenants cannot be changed or
deieted without concurrence from the State, and that they will be recorded prior to the sale of any iot.
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 [phone] for
the status and availability of these forms.
Form SWU-102
Form SWU-103
Form SWU-104
Form SWU-105
Form SWU-106
Form SW-107
Form SWU-108
Form SWU-109
Wet Detention Basin Supplement
Infiltration Basin Supplement
Low Density Supplement
Curb Outlet System Supplement
Off -Site System Supplement
Underground Infiltration Trench Supplement
Neuse River Basin Supplement
Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

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 Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
Applicant's Initials
• Original and one copy of the Stormwater Management Permit Application Form e-�.
• One copy of the applicable Supplement Form(s) for each BMP CPC
• Permit application processing fee of $420 (payable to NCDENR) �—;K
• Detailed narrative description of stormwater treatment/management C-IX
• Two copies of plans and specifications, including:
- Development/Project name
- Engineer and firm
- Legend
- North arrow
- Scale
- Revision number and date
Mean high water line
Dimensioned property/project boundary
Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm): Tripp Engineering, P.C.
Mailing Address: 419 Chestnut Street
City: Wilmington State: NC Zip: 28401
Phone: [phone] Fax: [phone]
VIII. APPLICANT'S CERTIFICATION
I, (print or type name ofperson listed in General Information, item 2) Bruce Jackson
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
NCAIC 2H .10
Signature. A. a SAO Bate: 7.. 2-3— 0?
Form SWU-101 Version 3.99 Page 4 of 4

Permit No. .W ra 3 q 7Z5
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can
be found in 15A NCAC2H .1005 through .1007.
I. PROJECT INFORMATION (please complete the following information):
Project Name: _ Avalon Oaks
Contact Person: Charles Cazier Phone Number: [phone]
Number of Lots: 6 _ Allowable Built Upon Area Per Lot*:see list in calculation block
* If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon
area for each lot. The attachment must include the project name, phase, page numbers and provide area
subtotals and totals.
II. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculation in the space provided below where:
• SA Site Area — the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor — the appropriate percent built upon area divided by 100.
• RA Road Area — the total impervious surface occupied by roadways.
• OA Other Area — the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lots — the total number of lots in the subdivision.
• BL? A /Lot — the computed allowable built upon area for each lot including driveways and impervious
surfaces located between_ the front line and the e:d.ge of pavement.
Form SWU-104 Rev 3.99 Pagel of2

(SA x DF)- RA- OA = BUA
No. Lots Lot
Calculation:
Total site above MHWL = 2.77 ac
RA = 8,110 sf
(120,646 sf (0.25)) — 8,810 sf = 3,558.58 sf
6
Lot 4C 4,000 sf
Lot 4B 3,000 sf
Lot 4A 3,000 sf Total 21,250 sf < 21,351.48 sf total
Lot 1 3,750 sf
Lot 2 3,750 sf
Lot 3 3,750 sf
III. REQUIRED ITEMS CHECKLIST
Initialin the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent in the Stormwater
Management Permit Application Form, the agent may initial below.
Applicants Initials
a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
CPC b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to sale of any lots.
C c. Built upon area calculations are provided for the overall project and all lots.
C d. Project conforms to low density requirements within the ORW AEC (if applicable).
[15A NCAC 2H .1007(2)(b)]

3ACKSON AND ASSOCIATES
615 PRINCESS STREET
WILMINGTON, NORTH CAROLINA 28401
STATE OF NORTH CAROLINA AMENDMENT TO DECLARATION
OF RESTRICTIVE COVENTANTS OF
COUNTY OF NEW HANOVEK AVALON OAKS RECORDED IN BOOK
3614 AT PAGE 3-23
NEW HANOVER COUNTY REGISTRY
AVALON OAKS, LLC, a North Carolina Limited Liability Company (herein
"DECLARANT") heretofore executed Restrictive Covenants for AVALON OAKS and
caused the same to be recorded in Book 3614 at Page 3-23, New Hanover County
Registry (Herein the `RESTRICTIVE COVENANTS') and
WHEREAS, in accordance with Articles III and IV of the Restrictive Covenants
they may be amended by the DECLARANT at any time prior to the first to occur of (i)
December 31, 2009 or (ii) all Lots are sold by DECLARANT; and
WHEREAS; DECLARANT owns lots 4B, 4A, 2 and 3 of AVALON OAKS, and
WHEREAS, the DECLARANT desires to amend Article 8 USE
RESTRICTIONS, Section 2 USE OF PROPERTY in order to comply with the
requirements of the State of North Carolina Division of Water Quality Stormwater
Management Permit Regulation by adding to Article 8, Section 2 the following
restrictions:
(mm) Stormwater Management:
1. The following covenants are intended to ensure ongoing compliance with
state stormwater management permit number SW8 030725 as issued by
Division of Water Quality. These covenants may not be changed or
deleted without the consent of the State.
2. No more than 8,810 sf of asphalt for access to the whole six lot project of
Avalon Oaks will be allowed as follows: Lot 1, 1050 sf; Lot 2, 1130 sf;
Lot 3, 942 sf; Lot 4A, 1838 sf; Lot 4B, 2000 sf; Lot 4C 1700 sf, The
common area shall not have more than 150 sf of impervious area.
as Exclusive of the 8,810 sf of impervious area set out herein above as
N broken down per lot, no more than the square footage for each lot herein
I below shall be covered by structures of impervious materials. Impervious
ZZ
materials include gravel, concrete, brick, stone, slate or similar material
o
a

pools; Lot 1, 3, 750 sf; Lot 2, 3, 750 sf; Lot 3, 3750 sf; Lot 4A, 3000 sf;
Lot 4B 3,000 sf, Lot 4C, 4000 sf.
3. Swales shall not be filled in, piped or altered excent as necessary to
provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state
stormwater management permit modification prior to construction.
5. All permitted runoff from out parcels or future development shall be
directed into the permitted Stormwater control system. These connections
to the Stormwater control system shall be performed in a manner that
maintains the integrity and performance of the system as permitted.
These covenants (mm) shall run with the land and shall be binding on the
DECLARANT and all parties claiming under it. Notwithstanding any other
provisions contained herein, this paragraph (mm) may not be amended, deleted or
revised without the written consent of the State of North Carolina Division of
Water Quality.
Except as amended herein, the aforesaid Restrictive Covenants for
AVALON OAKS shall be and remain in full force and effect.
This the Z G day of `l n &4 A rX , 2004.
AVALON OAKS, LLC
A North Carolina Limited Liability Company
By:
BRUCE H. JACrjJSzON, JR., Manafer

STATE OF NORTH CAROLINA
COUNTY OF PENDER
I, �015A'�71 yL69— , a Notary Public of the County and State
aforesaid, do hereby certify that BRUCE H. JACKSON, JR., Manager of AVALON
OAKS, LLC, A Limited Liability Company, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument in statement on behalf of the
said company.
Witness my hand and official seal this, the Zd day of January, 2004. ,��eeresat,®
My commission expires: 06-ZZ-Z00j-

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22
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MAP BOOK 3 PAGE 13
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Lor 3
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MAP BOOK 3 PAGE 13
JAME5 R. IQN5AUL. JR i JANIC K. SCANLON
DEED BOOK 2503 PAGE 775
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DEED BOOK 2774 PAGE 754
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FEDERAL POINT TOWN5HIP NEW HANOVER COUNTY NORTH CAROUNA
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AVALON OAKS. LLc
' OB. 3372 PG. 7C5
CAMA Major Permit application
Avalon Oaks
SUBDIVISION Applicant: Avalon Oaks, LLC
MASTER PLAN c/o Mr. Bruce Jackson
Location: AIWW, Myrtle Grove Sound
Date: revised3/31/2002 Sheet 6 of 11

DRAWN BY:
f
s�
RLIU T
2003066577
7ACKSON AND ASSOCIATES
615 PRINCESS STREET
WH- IINGTON, NORTH CAROLINA 28401
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
FOR REGISTRATION REGISTER OF DEEDS
REBECCA T. CHRISTIAN
NEW HANOVER COUNTY, NC
2003 OCT 13 02:40:20 PM
BK : 4051 PG : 833-836 FEE : $20.00
NS: $25, 00
INSTRUMENT # 903066511
AMENDMENT TO DECLARATION
OF RF.,STRTCTJVE COVENANTS OF
AVALON OAKS RECORED IN BOOK
3614 AT PAGE 3-23
NEW HANOVER COUNTY REGISTRY
AVALON OAKS, LLC, a North Carolina Limited Liability Company (herein
"DECLARANT") heretofore executed Restrictive Covenants for AVALON OAKS and caused
the same to be recorded in Book 3614 at Page 3-23, New Hanover County Registry (Herein the
"RESTRICTIVE COVENANTS"); and
WHEREAS, in accordance with Articles III and IV of the Restrictive Covenants they
may be amended by the DECLARANT at any time prior to the first to occur of (i) December 31,
2009 or (ii) all Lots are sold by DECLARANT; and
WHEREAS; DECLARANT owns lots 4B, 4A, 2 and 3 of AVALON OAKS; and
WHEREAS, the DECLARANT desire to amend Article 8 USE RESTRICTIONS,
Section 2 USE OF PROPERTY in order to comply with the requirements of the State of North
Carolina Division of Water Quality Stormwater Management Permit Regulation by adding to
Article 8, Section 2 the following restrictions:
(mm) Stormwater Management:
I. For All Projects:
1. The follawing covenants are intended to ensure ongoing compliance with State
StormwaterManagement Permit Number SW8 030725. as issued by the Division
of Water Quality under NC.4C 2H.1000.
2. ( The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and
parties claiming under them.

4. The covenants pertaining to Stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water
Quality.
5. Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water Quality.
II. Low Density Residential Subdivisions (In addition to I. I-I.5 and all others that
apply)
I. The maximum allowable built -upon area per lot is as follows:
Lot#
BUA
Lot# BUA
Lot# BUA
4C
4,00
4A 3 000sf
2 3.75
4B
3.00
I 3,750sf
3 3 750s
These allotted amounts include any built -upon area constructed within the lot
property boundaries, and that portion of the right-of-way between the front lot
line and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking
areas, but does not include raised open wood decking, or the water surface of
swimming pools.
2. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is strictly
prohibited by any persons
3. Each lot will maintain a 30' wide vegetated buffer between all impervious areas
and surface waters.
4. All roof drains shall terminate at least 30' from the mean high water mark of
surface waters.
Except as amended herein, the aforesaid Restrictive Covenants for AVALON OAKS
shall be and remain in full force and effect.
This is the 47 day of September, 2003.
AVALON OAKS, LLC
A North Carolina Limited Liability Company
BY: V --. tnrrrrstrm�
Bruce H. 3ackso r., Manager s . ;kpGEI.T
2 : ,01rAQy .y
'ter

STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
I, &M-e- ,ai ' l a Notary Public of the County and State
aforesaid, do hereby certify that Bruce H. Jackson, Jr., Manager of A`fALON OAKS, LLC, A
Limited Liability Company, personally appeared before me this day and acknowledged the due
execution of the foregoing in statement on behalf of the said company.
Witness my hand and official seal this, the q day of September, 2003.
i
Notary Public
My Commission Expires:
07-0 i-d7

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 10/13/2003 02:40:20 PM
Book: RE 4051 Page: 833-836
Document No.: 2003066577
AMD DECL 4 PGS $20.00
NS: $25.00
Recorder: MARVIS ANN STORER
State of North Carolina, County of New Hanover
The foregoing certificate of CONNIE MIDGETT BARNHILL Notary is certified to be correct. This 13TH of
October 2003
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
By:
Deputy/AssisteM Register of Deeds
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2003066577*
2003066577