HomeMy WebLinkAboutSW8960916_Current Permit_20010208Stine of North Carolina
'Depai=tment of Environment
and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
William G. boss Jr., Secretary
Division of Water Quality
Mr. Don A. Owen, President
Owendon Plantation
PO Box 204
Slier City, NC 27344
Dear Mr. Owen:
Ad
s
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 8, 2001
Subject: Permit No. SW8 960916 Modification
Owendon Plantation
Low Density Subdivision Stormwater Permit
Brunswick County
The Wilmington Regional Office received a complete Stormwater Management Permit Application for Owendon
Plantation on February 8, 2001. 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 960916 Modification, dated February 8, 2001, for the construction of the project Owendon
Plantation.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and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 2744.7, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact either Noelle
Lutheran or me at (910) 395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/:nml S:\WQS\STORMWAT\PERMIT\960916.FEB
cc: Jay Houston
Delaney Aycock, Brunswick County Inspections
David Thomas, NCDOT Division 3, District 3 Engineer
Noelle Lutheran
Wilmington Regional Office
Central Files
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
State Stormwater Management Systems
Permit No.SW8 960916 Modification
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
Mr. Don A. Owen
Owendon Plantation
Brunswick County
FOR THE
construction, operation and maintenance of a 30% low density subdivision in compliance with the provisions of 15A
NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans
and specifications, and other supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit for Owendon Plantation.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific
conditions and limitations:
I. DESIGN STANDARDS
1. Each of the 233 lots is limited to a maximum of 3,000 square feet of built -upon area, as indicated in the
approved plans. Area "A" is limited to a maximum of 15,300 square feet of built -upon area , and Area " B "
is limited to 12,700 square feet of built -upon area. The Clubhouse is limited to 20,000 square feet of built -
upon area. CAMA regulations may reduce the allowable built -upon area for those lots within the AEC.
2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 30%, per the
requirements of Section .1005 of the stormwater rules.
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.
State Stormwater Management Systems
Permit No.SW8 960916 Modification
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.
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.
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 allowable built -upon area per lot is lots 1-233 @ 3,000 square feet, Area "A" @ 15,300 square
feet, Area "B" @ 12,700 square feet, and the Clubhouse @ 20,000 square feet This includes the 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."
b. "The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the Division of Water Quality."
C. "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."
d. "Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area
reduced due to CAMA jurisdiction within the AEC."
"Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters."
f "All roof drains shall terminate at least 30' from the mean high water mark."
5. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built -upon
area per lot within 30 days of the date of recording.
State Stormwater Management Systems
Permit No.SW8 960916 Modification
6. The permittee shall submit all information requested by the Director or his representative within the time
frame specified in the written information request.
7. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road.
b. That minimum amount needed under driveways to provide access to lots.
8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines
established in the North Carolina Erosion and Sediment Control Planning and Design Manual.
9. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to
the individual property owner.
10. If an Architectural Review Committee (ARC) will review plans for compliance with the BUA limit, the plans
reviewed must include all proposed BUA, including roofed porches, outbuildings, sidewalks and driveways.
Any approvals given by the ARC do not relieve the homeowner of the responsibility to maintain compliance
with the permitted BUA limit. If the plans indicate that the allowable BUA will be exceeded, it is the ARC's
responsibility to deny the plans.
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 following items will require a modification to the permit. Revised plans, specifications and calculations
must be permitted prior to beginning construction on the modification:
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.
C. 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.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes
143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
4
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 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.
7. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes
of inspecting the stormwater control system and it's components.
8. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes
within 30 days.
Permit issued this the 8th day of February, 2001.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
W44�7 /344ox, -
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 960916 Modification
Date Received - - _ Fee paid Permit Number
I !n, �- /a -n o 1 L1_].o . % - D.0 11 ass? 91 n 911- . -2%
State of North Carolina
Department of Environment and Natural Resources
Division of water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may he Photocopied for use as an original
L GENERAL INFORMATION
L Applicants nan,2 (specify the name of the corporation, individual, etc. who owns the project):
2. Print Owner/Signing Olficiar's name and title (Person legally responsible for facility and compliance):
DM Aypn. Prpcir1cnt-
3. Mailing Address for person listed in item 2 above:
Post Office Box 204
Ciiy Si 1 Pr Ci ty State: NC Zip: 27344
Telephone Number: ( 919 ) 742-41 nn
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on
plans, specifications, lettem, operation and maintenance agreements,
etc.)-etc.)-
Owendm Pl rl a g
S. Location of Project (street address):
NC 179
6. Directions to project (from nearest major intersection):
Approximately 2 miles south on NC 179 fran US 17 Business and NC 179
7. Latitude: 330 56' 44" Longitude: 780 26' -04" of project
& Contact person who can answer questions about the project:
Name: Jay Houston Telephone Number. ( 910 ) 754-6324
IL PERMET INFORMATION:
1. Specify whether project is (check one): New Renewal X Modification
Form SWU 101 Version 3.99 Page 2 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 SW8 960916 and its issue date (if known)_11 jVg
3. Specify the type of project (check one):
X Low Density High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
_CAMA Major X Sedimentation/Erosion Control _v4/401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877- i23-6748.
IIL PROJECT INFORMATION
I. In the space provided -below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing staormwater management for the project.
Roadside Swales
2. Stormwater runoff from this project drains to the Lumber River basin.
3. Total Pr*Lt Area: 84.24 aLw s 4. Project Built Upon Area: z��3
5. How many drainage areas does the project have? one
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 m the same format as below.
tip
a
Receiving Stream, Name Mill Pond
Receiving Stream Class C SW
Drainap Area 3 669 495 sf
Fxistin Impervious* Area
Proposed ervious#Area 1,064,609 f
ervioue Area (total) Z °a
:.
On -site cgs- Dwelli - - N
699 000 'sf
Ott -site Streets 3
On -site Parking & Clubhouse 20,000 sf
1 On -site Sidewalks
Other on -site Future " � � �'— 5�
CII-site
Total: 1 064,609 sf Tom: / Z
Impervious area is defumed as the bump uprnm area including, but not lima d to, buildings, roads, pig areas,
sidecaaft, gmml areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4
7. How was the off -site impervious area listed above derived? N/A
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
1. The folkwisg covenants are intended to ensure ongoing compliance with state stormwater management permit
number Sra8 960916 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 ' 3,non square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, Wut stone, slate or simsiar material but do not include wood
decking or the water swface of swimming pools.
3. Swaim shall not be filled in, piped, or altered except as necessary to provide dnveway crossings.
4. Bu*--upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted r ewff fr ion outpurcels or futue development shall be directed into the permitted stormwater control
system. These connections to the stormrarter control system shall be performed in a manner that maintaim the
integrity and performance of the system as permitted.
By your signature below, you cerufy 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 dtanged or
deleted �ww- out concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state storarwater management permit supplement f mn(s) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-m for the
status and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Farm SWU 103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWJ-109
Innovative Best Management Pr.-ce Supplement
Form SW-101 Version 3.99 Page 3 of 4
VL SUBMITTAL REQUIR]WENTS
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.
Initials
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supp1_ement Form(s) for each BIMP
• Permit application processing fee of $4M (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, 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 stor nwater control measures
Wetlands delineated, or a note on plans that none ewist
- Frdstmg drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required) i
VIL 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): Houston and Associates, P. A.
Mailing Address: Post Office Box 627
City: Shallotte State: NC Zip: 28459
Phone: ( 910 ) 754-6324 Fax [ - 910 ) 754-2121
VIIL APPLICANTS CERTIFICATION
I, (print or type name of persona listed in General informations, item 2) Don A. Owen
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 protectivp6Fe-raftiswill be recorded, and that the proposed project complies with the requirements of 15A
Date: /I- /6 -ate
Form SWU 101 Version 3.99 Page 4 of 4
Permit No. I A g & of/,(., ,^ rJ
(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 NCAC 2H .1005 through .1007.
L PROJECT INFORMATION
Project Name : Owendon Plantation
Contact Person: Don oven Phone Number: ( 919 ) 742-41 on
Number of Lots: 233 Allowable Built Upon Area Per Lot*: 30 000 sf
*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.
EL 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.
• BUAA of - the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
Form SWU-104 Rev 3.99 Page 1 of 2
Calculation:
(SA xDF)-RA-OA = BUA
No. Lots Lot
25, doa
(3,669,494 X 0.2901) - 303,609 - -,-O "
233
III. REQUIRED ITEMS CHECE LIST
= 31000 5t Fez 1-0"
Cdad feevleV o
Initial in 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 on the Storr awater
Management Permit Application Form, the agent may initial below.
A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
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. Built upon area calculations are provided for the overall project and all lots.
d. Project conforms to low density requirements within the ORW AEC (if applicable).
[15A NCAC 2H .1007(2)(b)]
Form SNM-104 Rev 3.99 Page 2 of 2
;,v1 0f 3
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FILED F : ,L,i�, i 1;1E
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SUPPLEMENTAL DECLARATION CONTAE41NG
COVENANTS. CONDITIONS AND RESTRICTIONSJUL 29 9.
FOR PHASE I IN OWENDON PLANTATION
CONSIE=4t OF LOTS 1•-60 RE'GI�T Eit U DEEDS
9RUKRICK CDt„41Y• N.C.
WHEREAS, on or about aj18 11996 , Owen Ventures, Inc. ("The Company" ),
a North Carolina Corporation, executed as "Declarant" its "Declaration of Covenants, Conditions,
and' Restrictions for Owendon Plantation", (the "Master Declaration"); and
WHEREAS, by and through the execution and recording of the Master Declaration in
Deed Book at Page q58 of the Brunswick County Registry, the Company has placed those
certain Covenants, Conditions and Restrictions embodied in the Master Declaration on the real
property described therein; and
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1
WHEREAS,. pursuant to the provisions of Article Two of the Master Declaration, the
Company has reserved the right to further restrict the Development of any portion of the real
Ply encumbered by the Master Declaration by placing such additional Covenants, Conditions
and Restrictions on any real property as it deems necessary; and
WHEREAS, Owen Ventures, Inc, is the owner of that certain real property ("The
Property") which is more particularly described as follows: BEING Phase I of Owendon
Plantation consisting of lot numbers 1-60, all according to a survey by James R. Tompkins,
R.L.S. dated May 20, 1995 and appearing in the series of maps recorded in Map Cabinet 19,
Pages 549 - 550 inclusive of the Brunswick County Registry.
7. Mail Box and Newspaper Receptacle Design. All mail and newspaper
receptacles shall be pre -approved by the Declarant.
8. Li,htin. No outdoor lights shall be allowed on the Lot which project high
density off -site illuminatin-.li. One driveway light shall be :maintained at all times. 711e light pole
and fixture shall be approved by the Declarant. This light shall constitute part of the street
lighting system and shall, therefore, be on an automatic light switch control so as to provide
street lighting and driveway identification from sunset in the evening until sunrise in the morning.
9. Binding Effect and Duration. These Covenants, Conditions, and Restrictions
shall run with the land and shall be binding on all parties owning any portion of The Property,
their heirs, successors, and assigns, for the same period of time as the Master Declaration,
including extensions thereof.
10. Amendment. This Supplemental Declaration may only be altered, modified or
changed by a written document executed by a majority of the Owners of the Lots in this phase
and will only become effective upon recordation in the Brunswick County, North Carolina, Public
11. Impervious Coverage. No more than 3,000 square feet of any lot, including that 1.
portion of the right-of-way between the edge of pavement and the front lot line, shall be covered
by impervious structures, including asphalt, gravel, concrete, brick, stone, slate or similar
5
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material, not including wood decking or the water surface of swimming pools. This covenant
is intended to ensure continued compliance with the sormwater permit issued- by the State of
North Carolina. The covenant may not be changed or deleted without the consent of the State.
No one may fill in or pipe any roadside or lot -line swale, except as necessary to provide
a minimum driveway crossing.
For curb outlet system projects, no one may pipe, fill in, or alter any lot line swale used
to meet North Carolina Stormwater Management Permit requirements.
12. Cumulative Effect. A11 of the Covenants, Conditions and Restrictions contained
in this Supplemental Declaration shall encumber The Property in addition to those Covenants,
Conditions and Restrictions contained in the Master Declaration. Wherever a provision of this
Supplemental Declaration conflicts with specific provisions of the Master Declaration, the
provisions of the Master Declaration shall prevail.
13. I nfor cemmt. The Declarant, the Association, or any Owner of a Lot within The
Property shall have the right (but not the affirmative obligation) to enforce, by proceedings at law
or in equity, all of the Restrictions, Conditions, Covenants, Easements, and Reservations now or
hereinafter imposed by the provisions of this Declaration; however, the failure to do so shall not
be deemed to be a waiver of the right to do so in the future. Furthermore, the Company reserves
for itself and the Association and their agents and employees the right to enter upon any Lot for
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Br17t awick Cbmity--Register of DeWs
Robert J. Robinson
Inst #68717 Book 1439Page 849
03/05/2001 11:09:27am Rec#le(_!_ 13
SUPPLEMENTAL DECLARATION CONTAINING
CONTAINING COVENANTS, CONDITIONS AND RESTRICTIONS
FOR PHASE 2 IN OWENDON PLANTATION
CONSISTING OF LOTS 61-97
WHEREAS, on or about the 18a' day of July, 1998, Owen Ventures, Inc.,
(hereinafter referred to as "The Company') executed as "Declarant" its "Master
Declaration of Covenants, Conditions arid. Restrictions for Owendor. Plantation"
(hereinafter referred to as the "Master Declaration"); and
WHEREAS, by and through the execution and recording of the Master
Declaration in Book 1238, Page 958 of the Brunswick County Registry, The Company
has placed those certain Covenants, Conditions and Restrictions embodied in the Master
Declaration on the real property described therein; and
WHEREAS, pursuant to Article Two of the Master Declaration, The Company
has reserved the right to further restrict the Development of any portion of the real
property encumbered by the Master Declaration by placing such additional Covenants,
Conditions and Restrictions on any real property as it deems necessary; and
WHEREAS, The Company is the owner of that certain real property (hereinafter
referred to as. the "The Property") which is more particularly described as follows: Being
Phase II of Owendon Plantation consisting of lot numbers 61-97, all according to a
survey by James R. Tompkins, R.L.S. dated February 14, 2001 and appearing in the
series of maps recorded in Map Cabinet 24, Pages 8-9 inclusive of the Brunswick County
Registry; and
PREPARED BY: IM ANDEMON LAW FIRM, P.L.L.C. nET
TOTAL REV T
C
REC# CK AMT CK# &05&
t CASH ., REF BY
Inst # 68717 Book 1439Page: 850
WHEREAS, The Company desires to develop The Property as Detached Single -
Family Residential Home Lots ("The Property"), and in order to establish a unique,
superior and integrated community within The Property, protect the value of individual
Lots and assure the architectural environment with The Property in keeping with the high
standards of Owendon Plantation, The Company desires to subject The Property to the
additional Covenants, Conditions and Restrictions set forth herein.
NOW, THEREFORE, The Company submits and subjects The Property to the
following Covenants, Conditions and Restrictions:
1. Submission of Property to Covenants. Pursuant to the provision of
Article H, Section 2 of the Master Declaration, The Company submits and subjects Phase
iI, Owendon Plantation, consisting of lot numbers 61-97, all according to a survey by
James R. Tompkins, R.L.S. dated February 14, 2001 and appearing in the series of maps
recorded in Map Cabinet 24, Pages 8-9 inclusive of the Brunswick County Registry
("The Property"), to the Covenants, Conditions and Restrictions contained herein which
shall constitute equitable servitude which shall run with the land. The grantee of an
interest in any of the Lots identified herein as The Property, by acceptance of a deed or
other conveyance of such interest, agrees to be bound by the Covenants, Conditions and
Restrictions herein.
2. Building Restrictions: Phase II, Owendon Plantation, and the lots
identified as such constitute a theme village and, therefore, all dwellings and any other
improvements constructed on the Lots must be in keeping with the theme and general
character of this phase. In order to carry out this requirernent, all dwellings and other
Inst # 68717 Book 1439Page: 851
improvements constructed on the Lots in Phase II must be of new site -built construction,
which shall meet the following minimum requirements:
(a) The home shall contain a minimum of 1,200 square feet of enclosed
inhabitable heated and cooled space;
(b) The roof shall be a minimum of a 5/12 pitch;
(c) The exterior siding may be brick, wood, vinyl, hardiboard, or any
combination thereof;
(d) The foundation may be on a concrete poured slab or a crawl space
provided that the crawl space is no more than 36" above ground level and
in any event the foundation must be clad with brick or stucco finish;
(e) The exterior windows must be accentuated with shutters on the side facing
the street; and
(fl The Site -Built Home and any accessory building must be completed
within six (6) months from the day construction was commenced.
No Dwelling or other improvement may be constructed on any Lot except in
compliance with these building restrictions.
In addition to the above, the following criteria shall also apply:
(a) Garages, storage areas, and any other attendant building, shall be clad with
the same exterior and color as the dwelling located on the lot;
(b) As a guide, landscaping shall be completed within six (6) months of
occupancy and as a guide, at least 2% of the value of the home shall be
allocated to landscaping;
(c) The driveway extending from the street into the lot shall be concrete or
asphalt and be a minimum of twelve (12) feet in width;
(d) The driveway shall be illuminated with a driveway lamp post; and
(e) TV antennas and other electronic reception devices must not exceed 40" in
diameter to the extent possible consistent with reasonable reception shall
be placed at the rear or side of the home rather than in front of the home.
3. Use of Lots and Dwelling. Each lot shall be used for Detached Single -
Family residential purposes. No trade or business of any kind may be carried on in any
Inst # 68717 Book 1439Page: 852
Dwellings, except for sales offices of The Company as permitted in the Master
Declaration. The lease or rental of any Dwelling with The Property for a period of less
than thirty (30) consecutive days is prohibited. All lessees or tenants of Dwellings within
The Property shall in all respects be subject to the terms and conditions of this
Declaration.
4. Exterior Appearance of The Dwelling. No foil or other reflective
materials shall be used on any window for sunscreens, blinds, shades or other purposes,
nor shall any window -mounted heating or air-conditioning units be permitted. Except
within screened service yards, outside clotheslines or other outside facilities for drying or
airing clothes are specifically prohibited. No clothing, rugs, or other items may be hung
on any railing, fence, hedge or wall.
5. Nuisance. No rubbish or debris of any kind shall be dumped, placed or
permitted to accumulate upon any Lot, nor shall any nuisance or odors be permitted to
exist or operate upon or arise from any Lot, so as to render any portion thereof
unsanitary, unsightly, offensive, or detrimental to persons using or occupying any other
portions of The Property. Noxious or offensive activities shall not be carried on in any
Lot or Dwelling. Each Lot owner, his family, tenants, guests, invitees, servants and
agents shall refrain from any act or use of a Lot or welling which could cause disorderly,
unsightly or unkept conditions, or which could cause embarrassment, discomfort,
annoyance or nuisance to the occupants of other portions of The Property. Noxious or
offensive activities shall not be carried on in any Lot or Dwelling which could result in a
cancellation of any insurance for any portion of The Property, or which would be in
violation of any law or government code or regulation.
4
Inst # 68717 Book 1439Page: 853
6. Buildings Allowed on the Lot. The home, along with any approved
decks, porches, patios, garage, and one detached storage shed shall be the only structures
located on the Lot.
7. Mail Box and Newspaper Receptacle Design. All mail and newspaper
receptacles shall be pre -approved by the Declarant.
8. Lighting. No outdoor lights shall be allowed on the Lot, which project
high -density off -site illumination. One driveway light shall be maintained at all times.
The Declarant shall approve the light pole and fixture. This light shall constitute part of
the street lighting system and shall, therefore, be on an automatic switch control so as to
provide street lighting and driveway identification from sunset in the evening until
sunrise in the morning.
9. Binding Effect and Duration. These Covenants, Conditions and
Restrictions shall run with the land and shall be binding on all parties owning any portion
of The Property, their heirs, successors and assigns for the same period of time as the
Master Declaration, including extensions thereof.
10. Amendment. This Supplemental Declaration may only be altered,
modified or changed by a written document executed by a majority of the Owners of the
Lots in this Phase and will only become effective upon recordation in the Brunswick
County, North Carolina, Public Registry.
11. Impervious Coverage. No more than 3,000 square feet of any Lot,
including that portion of the right-of-way between the edge of the pavement and the front
lot line, shall be covered by impervious structures, including asphalt, gravel, concrete,
brick, stone, slate or similar material, not including raised open wood decking or the
5
Inst # 68717 Hook 1439Page: 854
water surface of swimming pools. This covenant is intended to ensure continued
compliance with the stormwater permit issued by the State of North Carolina. This
covenant may not be changed or deleted without the consent of the State. The covenants
pertaining to stormwater regulations may not be changed or deleted without concurrence
of the North Carolina Division of Water Quality.
No one may fill in or pipe any roadside or lot -line swale, except as necessary to
provide a minimum driveway crossing.
For curb outlet system projects, no one may pipe, fill in, or alter any lot line swale
used to meet North Carolina stormwater management permit requirements.
12. Cumulative Effect. All of the Covenants, Conditions and Restrictions
contained in this Supplemental Declaration shall encumber The Property in addition to
those Covenants, Conditions and Restrictions contained in the Master Declaration.
Whenever a provision of this Supplemental Declaration conflicts with specific provisions
of the Master Declaration, the provisions of the Master Declaration shall prevail.
13. Enforcement. The Declarant, the Association or any Owner of a Lot
within the Property shall have the right (but not the obligation) to enforce, by proceedings
at law or in equity, all of the Restrictions, Conditions, Covenants, Easements and
Reservations now or hereinafter imposed by the provisions of this Declaration or the
Master Declaration; however, the failure to do so shall not be deemed to be a waiver of
the right to do so in the future. Furthermore, The Company reserves for itself and the
Association and their agents and employees the right to enter upon any Lot for
inspection.
6
Inst # 68717 Book 1439Page: 855
WHEREAS IN TESTIMONY THEREOF, the Declarant has caused this
--�Supplemental Declaration to be executed as provided by law, this the day of
°y"jGrc.L
Eel�, 2001.
Owen Ventures, Inc.
By: C" Q'4�
Don bwen, President
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
I, L, J _ 8- In cz Notary Public of the County and State aforesaid,
hereby certify that DON OWEN personally came before me this day and acknowledged
that he is PRESIDENT of OWEN VENTURES. INC., a North Carolina Corporation, and
that he, as PRESIDENT, being authorized to do so, executed the foregoing on behalf of
the corporation.
Arc-L.
WITNESS my hand and official seal, this �day off, 2001.
LINDA g MCDONALD
NOTARY PUBLIC
C
BRUNSWICK COUNTY NC
OMMISSION EXPIRES 9 -
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s) of
` o
y Public
LINDA B MCDONALD
Notary(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Registration on this 5th Day of March , 2001
in the Book and Page shown on the First Page hereof. '
RODEft J. RO INSON, Registe of Deeds
7