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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 This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required.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 W FILED F : ,L,i�, i 1;1E �; r.... 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 � r 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 1 2+}U'01 + U 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 6 y a _ �3333k6s33°:3'+3 bads'-s.1fithsifs — € Y i 3,3333ie36333333 a6akkkaa*:33:tk �' " � Y3s43YYA33a43�L `� .b33s3ssbbb__33 � �� E" � 9�Lu1N3�3Laaa N Qr 3 e bk3�333336Y_3Y a $ o� � $ s3L3saa=_�s3a6"is dd999999ddd y°d aasaaa T?!! _2 d bbdbbL 40, O 'r•V E PL O Rt F m O O a ab � b Milt gak3= p�+ngi' ys G�3=. Vim: �e�l g Y43aiFiY b+s �W3g�.o>bb f w 4€ k " �1y4.p..5 ppy y i g37sm ��I `og 1�� g 665 im UP- SLLSLLdLS�� " iS y�l`1R qx e Will \ F w C ON 41 0 Qw,J Vb54vtC-$ UA-3 GH T) 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