SW4220302_Deed Restriction/Protective Covenant Form_20220322

Book 2533 Page 1913
2022004724
DAVIDSON GO, NG FEE $26.00
PRESENTED &RECORDED:
03-01-2022 11:33:59 AM
MICHAEL HORNE
REGISTER OF DEEDS
BY. TERRIS YARD
ASSISTANT
BK: DE 2533
PG: 1913-1919
COVER SHEET
Document Type: P G A A z ►►`Q.W " L'��^ ��
Grantor: T �r
Grantee:
5
This cover sheet was added to comply with NCGS § 161-18(a) U Non-standard fee —as defined in 161-14 (b)

Book 2533 Page 1914
SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS, AND EASEMENTS FOR NOLAND FARM
The Declarant, Bailey's Ridge, LLC, has the right to amend the Declaration of
Covenants, Conditions, Restrictions, and Easements ("Declaration") for Noland Farm, a
community in Lexington, NC, where such Declaration was duly recorded on January 6, 2022, at
Davidson County Register of Deeds at Deed Book 2524, and pages 1595-1616.
WHEREAS, a FIRST AMENDMENT was recorded on February 15, 2022, at Davidson
County Register of Deeds at Deed Book 2531, pages 773 through 777.
WHEREAS, a typographical error errantly lists the community name as Dolcetto instead
of Noland Farm.
THEREFORE, in order to address the typographical error, the FIRST AMENDMENT as
recorded at Deed Book 2531, pages 773 through 777 is hereby cancelled as if it was never
recorded, and this SECOND AMENDMENT replaces that in its entirety.
WHEREAS, the Property is subject to certain restrictions relating to storm -water
management due to location thereof under Title 15 NCAC 2H.1000 and S.L. 2006-246
(collectively "Storm -water Regulations"). Therefore, in compliance with the Storm -water
Regulations, EXHIBIT C of the Declaration is amended to further include additional section 5 in
Article V, immediately after Section 4. Approval of Plans, Specifications, and Construction:
5. Low Density Residential Subdivisions Storm -Water Management
(a) The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SWA000105 Noland Farm, as issued by the
Division of Energy, Mineral and Land Resources under the Stormwater Management
Regulations.
(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(d) The covenants pertaining to storm water may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Energy, Mineral and
Land Resources.
(e) Alteration of the drainage as shown on the approved plan may not take place without the

Book 2533 Page 1915
concurrence of the Division of Energy, Mineral and Land Resources.
(t) The maximum allowable built -upon area per lot is 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) In the case of a lot within CAMA's regulated AEC, where the Division of Coastal
Management calculates a different maximum allowable built -upon area for that lot than is
shown herein, the governing maximum built -upon area for that lot shall be the most
restrictive of the two.
(h) Filling in or piping of any vegetative conveyances (ditches, swa/es, etc.) associated with
the development except for average driveway crossings is strictly prohibited by any
persons-
(i) Each lot will maintain a 30* foot wide vegetated buffer between all impervious areas and
surface waters.
il) The Declarant shall have the right to amend the covenants without consent of the
members to conform the Declaration to the requirements of any law or governmental
agency having legal jurisdiction over the property, including those agencies sponsored
by or under the control of the State of North Carolina. A letter from an official of any
such agency requesting, requiring or suggesting an amendment necessary to comply
with the requirements of such agency, shall be sufficient evidence to affect such an
amendment. The amendment shall be effective upon recording.
(k) The enclosed Operation and Maintenance Agreement shall also apply, with such
responsibilities as set forth in the Operation and Maintenance Agreement conveying to
the lot owners within Noland Farm.

Book 2533 Page 1916
Signature: Date_
a Notary Public in
the
State of vr*- Cf9Y o 1' County of
,
4- t--P „ r nrFifi, +ham+ s ���� 2 �j1 � ._ personally appeared
before me this the day of 20 and
acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
Si nature saoz'ti€ LIORA se4X9 unlsslw�fl��IN
g eufloxe0 41aaH
d;unaS �{tfislo3
My Commission expires —� ��— ?pfli1a Ay+�lON
[VOS C'dt' 3NIVViUdHC 51�00

Book 2533 Page 1917
-per-anion & Ailartenanca_Agre.ement s
Project Name:.Noland Farm =
Project Location: off Tussey Road'(D.4 mile south of Heimstetler Road).
- . Corer.Pia e.:
Maintenance records shall be kept ar the following 5CM(s]. Tnis mainterianae recprd shall be kept in a log in a known set location.
Any deficient SCM elements noted in the inspection will be corrected, repaired, or replaced immediately. These deficiencies can
affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the SCM(s).
The SCM(s) on this project include (check all that apply & corres ❑i
Infiltration Basin
Quantity:
Infiltration Trench
Quantity:
Bioretention Cell
Quantify,
Wet Pond
Quantity:.
Stormwater Wetland
Quantiy;.:::
Permeable Pavement
Quantity:
Sand Filter
Quantity:
Rainwater Harvesting
Quantity:
Green Roof
Quantity:
Level Spreader- Filter Strip
Quantity,
Proprietary System
Quantity:
Treatment Swale
Quantity:
Dry Pond
Quantity:
Disconnected Impervious Surface
Present:
No
User Defined SCM
Present:
''No
Low Density
Present:
Yes
iding 0&M sheets
! Location
Location
Location
Location
Location(
will be added automaticalfjr)'-.
s
I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for
each SCM above, and attached O&M tables. I agree to notify NCDEQ of any problems with the system or prior to any changes to
the system or responsible party.
Responsible Party:. Justin R. Nifong
Title & Organization: Bailey's Ridge, LLC
Street address, PO Box 36 - :
City, state, zip-s, Wallburg NG- 27373
Phone number(s)� (704) 5624012.
Email:: [e-mail] .'
I� 7
Signature;
A-r a Notary Public for the State of��--ems _
County of _ do hereby certify that h r 1 -
personally appeared before met Is day of 7.�. �v and
acknowledge the due execution of the Operations and Mairlteriance Agree
c
Witness my hand and official soil, ,
DORIS CHARMAIN JACKSON
NOTARY PUBLIC;
Forsyth Co ty
North Carol na
My Commission Expires I darch 14, 2023
My commission expires
-3�Iy=��
10126/2021
STORM-EZ
Version 1,5 O&M Agreement Page 1 of 1

Book 2533 Page 1918
Lai�v.Densi M4,111itertaniw Re ilireme.nts. .
Important maintenance procedures:
The drainage area to the vegetated conveyance or vegetated receiving area will be carefully
managed to reduce the sediment load to the vegetated conveyance or vegetated receiving area:
After the initial fertilization to establish the grass in the vegetated conveyance or the vegetated
receiving area, fertilizer will not be applied to the vegetated receiving areas.
of operation and
vegetated conveyance or vegetated receiving area will be inspected quarterly. Reco
rtenance will be kept in a kn.Qwn set location and will, be available ucion request.
Inspection activities shalt be performed as follows. Any problems that are found shall be repaired immediately:
'M element_
Vegetation
Vegetated receiving
areas
Potential g6b.lem:
Vegetation is too short or
too long.
Trash/debris is present.
Areas of bare soil and/or
erosive gullies have
Trees and/or other woody
vegetation are present in
the swale.
How to rernediate the problem:
Maintain grassed vegetatlon such that the swale or vegetated
area does not erode during the peak flow from the 10-year
storm
Remove tha trash/debris,:
Regrade the soil if necessary to remove the gully, and then re-
sod (or plant with other appropriate species) and water until
'established. Provide lime and a one-time fertilizer application
Remove the trees and Wva dy vegetation from the swale,
regrade the Swale if necessary and re-establish grass as shown
on the approved Mans_
Trash/debris is present. Remove the trash/debris.
e rave the soil if necessary to remove the gully, and then re-
Areas of bare soil and/or
Regrade
erosive gullies have
sod (or plant with other appropriate species} and water until
formed.
established. Provide lime and a one-time fertilizer application.
:Sediment covers the grass
Remove sediment and dispose in an area that will not impact
Vegetated conveyances 1
at the bottom of the swale.
streams or SCMs. Re -sod if necessary.
swales ! roadside
Regrade the slopes to the permitted configuration per the
ditches (other than curb
The side slope is steeper
approved plan and reestablish vegetation. If as -built or existing
outlet swales)
than the approved
conditions do not allow the slopes to be regraded, contact the
configuration.
agency.
- -
_applicable.permitting
Determine the source of the problem: soils, hydrology, disease,
Grass is dead, diseased
etc. Remedy the problem and replace plants. Provide a one-
-or dying.
time fertilizer application to establish the ground cover if
necessary. - - --- - -
Trees an or other woody
Remove the trees and woody vegetation from the vegetated
vegetation are present in
conveyance, regrade the vegetated conveyance if necessary
the vegetated
and re-establish grass as shown on the approved plans.

Book 2533 Page 1919
Clogging has occurred.: Clean out the outlet device. Dispose of the sediment off -site:=
The outlet device (if
;applicable) The outlet device is
Repair or replace the outlet device.
damaged
Erosion or other signs of
damage have occurred at Repair the damage and improve the flow dissipation structure_
the outlet.
JThe receiving water Discharges from the site
! are causing erosion or Contact the local NCDEQ Regional Office:
sedimentation in the
receiving water. -