SW8960321_CURRENT PERMIT_20220808

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
S W 8 0\\0 0321
DOC TYPE
® CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2 0 22 0% 0 8
YYYYMMDD

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
August 8, 2022
Stormwater Owners Association, Inc.
Attn: Carriel Nipp, President
P.O. Box 20881
Raleigh, NC 27619
NORTH CAROLINA
Envlronmentat Quallty
Subject: Permit Renewal
Post -Construction Stormwater Management Permit No. SW8 960321
Hock Subdivision
New Hanover County
Dear Mr. Nipp:
The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on August 1, 2022. The Division is hereby notifying you that permit SW8960321 has been
renewed, updated, and re -issued on August 8, 2022, as attached. Please be aware that the renewal and re -issuance
of this stonnwater permit does not imply that the site is currently in compliance.
This permit shall be effective until May 22, 2030 and does not supersede any other agency permit that may be
required. The project shall be subject to the conditions and limitations as specified therein. This permit does not
impose new or increased stormwater control requirements; it clarifies the rules and requirements of this program
to provide you with a better understanding of your obligations under this permit. Failure to comply with these
requirements will result in future compliance problems. Please note that this permit is not transferable except
after notice to and approval by the Division.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The
written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the
OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding
the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center,
Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless
such demands are made this permit shall be final and binding.
If you have any questions concerning this permit, please contact Ashley Smith in the Wilmington Regional
Office, at [phone] or [e-mail].
Sincerely, Q Q
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment 13 — Built -Upon Area Allocation
Attachment C — Permitting History
Renewal Application Documents
DL'Slams: %SlormwateAPermits & Projects\1996\960321 HD\2022 08 permit 960321
cc: Wilmington Regional Office Stormwater File
AMC QZ� North Carolina Deparunent of Environmental Quality I Division of Energy, Mineral and land Resources
./ Wilmington Regional Ofnce 1 127 Cardinal Drive Extension I Wilmington, North Carollna 28405
ar�� / 910.796.7215

Post -Construction Stormwater Management
Permit No. SW8 960321
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH 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
Stormwater Owner's Association, Inc.
Hock Subdivision
Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of a Detention Pond in compliance with the provisions of
15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and as outlined in the
application, approved stormwater management plans, supplement, calculations, operation and
maintenance agreement, recorded documents, specifications, and other supporting data (the
"approved plans and specifications") as attached and/or on file with and approved by the Division of
Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed,
operated and maintained in accordance with these approved plans and specifications. The approved
plans and specifications are incorporated by reference and are enforceable part of this permit.
This permit shall be effective from the date of issuance until May 22, 2030, and shall be subject to the
following specified conditions and limitations. The permit issued shall continue in force and effect until
the permittee files a request with the Division for a permit modification, transfer, renewal, or
rescission; however, these actions do not stay any condition. 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 for cause as allowed by the laws, rules, and regulations contained in Title 15A
NCAC 2H.1000 and NCGS 143-215.1 et.al.
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as
described on page 2 of this permit. The subdivision is permitted for each lot to be allowed 90%
of it's area as built -upon area. The number of lots will be determined based on market
demand.
Page 1 of 5

Post -Construction Stormwater Management
Permit No. SW8 960321
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
PROJECT DATA
Project Name:
Permit Number:
Location:
Applicant:
Mailing Address:
Application Date:
Water Body Receiving Stormwater Runoff:
Classification of Water Body:
If Class SA, chloride sampling results:
Pond Depth:
Permanent Pool Elevation:
Total Impervious Surfaces Allowed:
(Lots= 824,155 ft2. Number of lots will
(Roads/sidewalks= 112,385 ft2)
Offsite Area entering Pond:
Green Area entering Pond:
Required Surface Area:
Provided Surface Area:
Required Storage Volume:
Provided Storage Volume:
Temporary Storage Elevation:
Controlling Orifice:
Hock Subdivision
SW8 960321
New Hanover County
Mr. Carriel Nipp
Stormwater Owner's Association, Inc.
P. O. Box 20881
Raleigh, NC 27619
August 8, 2022
Burnt Mill Creek
"C Sw"
N/A
5.5 feet
33 MSL
936,540 square feet
be based on market demand. All to be restricted to 90%)
383,328 square feet @ C=.8
22,346 square feet
60,917 square feet
63,162 square feet
99,888 cubic feet
113,256 cubic feet
34.7 MSL
.5'x.3'weir
Each of the lots in the subdivision will be limited to the amount of built -upon area indicated in
the supporting calculations and per approved plans. Each lot must collect the runoff from all of
it's built -upon area so that it can be directed into the pond.
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 permittee, and responsibility for meeting the built -upon area
limit is transferred to the individual property owner.
5. 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.
IL SCHEDULE OF COMPLIANCE
The permittee will comply with the following schedule for construction and maintenance of the
stormwater management system:
a. The stormwater management system shall be constructed in it's entirety, vegetated
and operational for it's intended use prior to the construction of any built -upon surface
except roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
2. The permittee grants permission to Regional Office Staff to enter the property for the purpose
of inspecting all components of the permitted stormwater management facility.
Page 2 of 5

Post -Construction Stormwater Management
Permit No. SW8 960321
3. The permittee shall at all times provide the operation and maintenance necessary to assure
the permitted stormwater system functions at the design condition. The approved Operation
and Maintenance Plan must be followed in it's entirety and maintenance must occur at the
scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch basins and
piping.
a. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR. The records will indicate the date, activity, name of person
performing the work and what actions were taken.
5. No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications. Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below. For changes to
the project or SCM that impact the certifications, a new or updated certification(s), as
applicable, will be required and a copy must be submitted to the appropriate DEQ regional
office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including
the SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
C. Further development, subdivision, acquisition, lease or sale of any, all or part of the
project and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. Adding the option to use permeable pavement or #57 stone within the lots as a
permeable surface. The request may require a proposed amendment to the deed
restrictions and protective covenants for the subdivision to be submitted and recorded.
g. The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications.
In. Other modifications as determined by the Director.
6. Deed restrictions have been recorded in Deed Book 1998. page 0123-0124, which limit the
built -upon area per lot to 90% of the lot area.
The facilities shall be constructed, operated and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division.
Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, a certification must be received from an appropriate
designer for the system installed certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and specifications must be noted on
the Certification. A modification may be required for those deviations.
Page 3 of 5

Post -Construction Stormwater Management
Permit No. SW8 960321
III. GENERAL CONDITIONS
1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement on -site
stormwater systems. These additional or replacement measures shall receive a permit from
the Division prior to construction.
2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to
the expiration date of this permit. The renewal request must include the appropriate
application, documentation and the processing fee as outlined in Title 15A NCAC
02H.1045(3).
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION.
The permittee shall submit a completed Permit Information Update Application Form to the
Division within 30 days to making any one of these changes.
4. TRANSFER. This permit is not transferable to any person or entity except after notice to and
approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This
request must be submitted within 90 days of the permit holder meeting one or more of
the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the
property on which the permitted activity is occurring or will occur through
foreclosure, bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur, except in the case of an individual
residential lot sale that is made subject to the recorded deed restrictions and
protective covenants;
V. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2),
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site
inspection will be conducted by Division personnel to ensure the permit conditions
have been met and that the project and the on -site stormwater system complies with
the permit conditions. Records of maintenance activities performed to date may be
requested. Projects not in compliance with the permit will not be transferred until all
permit and/or general statute conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of
this permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable
recorded documents, and specifications shall be maintained on file by the permittee at
all times.
DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
Page 4 of 5

Post -Construction Stormwater Management
Permit No. SW8 960321
C. ENFORCEMENT. Any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the requirements of the stormwater
rules is subject to enforcement procedures as set forth in NCGS 143 Article 21.
d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an
annual certification completed by either the permittee or their designee confirming the
projects conformance with permit conditions
e. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the
changes have been made.
OTHER PERMITS. The issuance of this permit does not preclude the permittee from
complying with and obtaining any other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or
ordinances, which may be imposed by any other Local, State or Federal government
agency having jurisdiction. Any activities undertaken at this site that cause a water
quality violation or undertaken prior to receipt of the necessary permits or approvals to
do so are considered violations of NCGS 143-215.1, and subject to enforcement
procedures pursuant to NCGS 143-215.6.
Permit renewed, updated and reissued this the 8th day of August 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
.cXBrian Wrenn, Uirect r
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 960321
Page 5 of 5

BUA Summary
Master Permit SW8 960321
Hock Subdivision
Lot #
Drains
Allocated
from
Offsite Permit
Plan
Tract Area
Allowable
Percent
to
Date Issued
Offsite Project Name
BUA (sf)
Master
No.
Revision
(ac or sf)
BUA (sf)
Density
Pond #
(90% max)
Permit
Tract
1
SW8131006
12/11/2013
NA
Triangle Rent -a -Car
1.31
51357
50706
88.86%
Tract B
1
Future
Sonic Drive -In
90% max.
Tract C
1
5/29/1996
Carmike Theater
90% max.
Tract D
1
SW8 990103
4/1/1999
NA
Cinema Drive Office Park
1.74
68215
53283
70.30%
Tract E
1
SW8 140125
4/23/2014
NA
City of Wilmington Fire Station #3
2.26
88601
88601
90.00%
Tract F
1
Tract G
1
Future
Radio Stations
90% max.
Tract H
1
SW8 220402
n/a
Smile Straight Orthodontics
43850
39465
20765
47.35%
Tract I
1
SW8 050612
8/10/2005
NA
Allstar Day Care
0,817
32030
17237
48.43%
Tract J
1
Future
Cinema Courtyard
90% max.
Tract L
1
2/10/1997
Yes
All -In -One Services
90% max.
Existing
906,164
BUA
Future
30,376
BUA'
Total BUA
936,540
Future amount includes the sum of additional BUA available for Tracts A, D, and I.
" Tract C plans included with master permit SW8 960321.

Attachment C - Permitting History
Hock Subdivision
Permit No. SW8 960321
Approval
Date
Permit
Action
BIMS
Version
Description of the Changes
5/29/1996
Original
Approval
1.0
Expires May 22, 2006
6/4/2013
Renewal
2.0
Expires May 22, 2014
12/1 1/2013
Renewal
3.0
Expires May 22, 2022
8/8/2022
Renewal
4.0
Expires May 22, 2030

UtMLK USt UNLV
Dale R ceived
Fee Paid
Permit Number
$ I as
�2
STATE STORMWATER:
PERMIT INFORMATION UPDATE APPLICATION FORM
There is NO FEE for updating project name or permittee information.
This form is to only to be used by the current permittee to notify the Division of
1) changes to the Point of Contact (signing official) for the current permittee (LLC, Corporation, HOA or PDA),
2) changes to the mailing address, phone number or email address of the current permittee;
3) changes to the name of the project, and
4) changes to the legal corporate name as documented by a Name Change or Merger filed with the NCSOS.
A. NEW PERMIT INFORMATION
State Stormwater Permit Number: J w A I rn Q 3;2- 1
Are you updating
(check all that apply):
If so, please provide the updated information:
❑ Project name
❑ Corporation Name'
❑ Permit Contact Name2,3
RRR-Te�L AIEP
❑ Permit Contact Title
14YE-j j -f—
Mailing Address3
Q Q
,EF -,27619
Phone number
Z 8 8
mail address
CARieL �r �i/y%
Provide documentation such as a Name Change /Merger filed with the NCSOS.
Provide supporting documentation such as NCSOS filing. The permit contact's position must be in accordance
with 15A NCAC 021-1.10400).
If more than one point of contact or mailing address is being changed, please attach a separate sheet.
B. CERTIFICATION OF PERMITTEE
I, LM,-Z.4251 ALPP , the current permittee, hereby notify DEMLR that 1 am making the changes as listed
in Section A above. I further attest that this application for an update to the permit information currently on file is accurate
and complete to tog best of my knpwledg4/7 A
Signature:
�/ v 1 j�
I,In �P�� f u �'� a Notary Public for the State of /"
Coun� . rp do hereby certify that c f
n\AAEL Y^q��6
¢a��Sr 1V zip aP$d before me this the u F� day of 20 2 Z ,and acknowledge the due
eKecµjioilof the,-W§,oing instrument. Witness my hand and officia seal,
jNotery Seal) :; 3
tic
NoHary, gtiaW e r ^ t A/ 7
My commission expires 0 2 If cl 2 `(
ft�
Izz --�
AUG 012022
BY•
Stormwater Permit Information Update Form Page 1 of 1 May 11, 2017

OPERATION & MAINTENANCE PLAN
STORMWATER RETENTION POND
HOCK SUBDIVISION
1. DESCRIPTION
The detention pond is provided to improve the water quality of stormwater runoff to be
discharged from the site. This is accomplished by providing sufficient surface area,
sedimentation volume, and runoff storage volume to store the runoff from a one inch rainfall,
settle out most of the sediment, and discharge it over a two to five day period.
The pond consists of, from bottom to top, a construction sediment storage zone from
elevation 25.0 to 26.0, a long-term sediment storage zone from elevation 26.0 to 27.5, a
sedimentation zone from elevation 27.5 to 33.0, a runoff storage zone from elevation 33.0 to
34.7, and high water storage from elevation 34.7 to 36.9. An orifice is provided in the outlet
structure to drawdown the runoff storage over a two to five day period. A weir in the outlet
structure, provided to discharge excess runoff at a rapid rate, is set at elevation 34.7. The
required surface area at elevation 33 is 1.53 acre-feet, with 3:1 sideslopes above this elevation
and a Q foot gently sloped vegetated shelf immediately below this elevation.
(0
U. MAINTENANCE
The longterm sediment storage zone is a minimum depth that must be present upon
completion of construction. It can be constructed deeper to account for sedimentarion during
the construction process. The elevations of the pond bottom, orifice invert, and top of structure,
as well as the surface area at elevation 33.0 and the pond sideslopes will be verified at the
completion of construction. The pond must be constructed and vegetated prior to construction
of any impervious surfaces. During project construction, the pond shall be inspected weekly,
and following every rainfall event, for sediment depth, clogging of the outlet structure, and
vegetation on the pond slopes. Excess sediment shall be removed as required. Areas disturbed
along the pond slopes due to construction, maintenance or erosion shall be repaired immediately
and reseeded.
Upon completion of construction on the project and establishment of vegetation on
'1 disturbed areas, significant sedimentation shall not be expected. The outlet orifice and trash rack
sha�� ghoul& be inspected after each rainfall and cleaned as necessary. Catchbasins and piping shall
be inspected monthly and cleaned of debris and sediment as necessary. The basin shall be
inspected and debris removed at least twice a year. Sediment shall be removed from the storage
zone when it exceeds elevation 27.5. Vegetation shall be reestablished at once if disturbed for
any reason.
The undersigned understands and agrees to perform
above: /
By: S rm,., �o n,. o J�.e�� ;ter; r
G. M. Ht
4117 Nor
Durham,
919-471
North Ca -
do
tht
My Conn
flECEI'
MAY 011yab u
P R 0 J N _Kk)W "c.o32I
the maintenance requirements as set forth

MMLK MiL UNLY
Date R ce'ved
t
as
Fee Paid-
Igs so =
Permit Number
wg o3aj
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H.1045(3) the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781)
Section 60. (c). This application form is for permit renewals only.
A. PROJECT INFORMATION l © 1. State Stormwater Permit Number: 6�t S�� (7 / 3 2'
2. Project name:
3. Project street address:
City: (A -FLN
County:
4. What, if any, changes have been made to the project as permitted?
If the project has changed from the original approved plans, please complete SWU-101 fora Major
Modification or Minor Modification Application form available at: httl)s://deg.nc,gov/abouUdivisions/energy-
mi neral-la nd-resources/energy-mineral-land-rules/stormwater-prop ram/post-construction.
B. PERMITTEE INFORMATION
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at: https://deq,nc.goy/about/divisions/energy-mineral-land-
resourcestenergy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not
automatically transfer with the sale of the property.
1. Current Permit Holder's
2. Signing Official's Name:
3. Signing Official's Title: .
4. Mailing
City: _
5. Street d
City: J
6. Phone:
AUG 01 2022 i
BY:
Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018

C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial ch item below to indicate that the required information is provided in the application package:
'. A permit application processing fee of $505.00 payable to NCDEQ.
2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation — a principle executive officer of at least the level of vice-president,
b. Limited Liability Company (LLC) — a manager or company official as those terms are defined
in G.S. 57D "North Carolina Limited Liability Company Act;'
c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee,
d. Partnership or limited partnership — the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the
signature of another entity.
3. One hard copy and one electronic copy of recorded documents required by the original permit that
have not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
/ and protective covenants will be submitted at a later date.
4. O&Agreements, Please select one:
have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit; or
❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am
I / requesting a copy be sent to me. I agree to keep this on file with the permit.
`' 5. Desjoer Certifications, Please select one:
A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed, or
❑ The project has not yet been built.
6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC):
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C.2 per 15A NCAC 2H. 1043(3)(b).
https://www.sasnc.gov/online services/search/by title/ Business Registration
AUG 01 2022
BY:_
Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018

D. PER TTEEE'E''S CCERTIFIICA�,TTIIOON�
I, X/ /L ;7 Ab:?O , the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the
project, SCMs, or oership. All information provided on this permit renewal application is, to the best of my
knowledge, corre t end comple / 7,,,
Signature: Date: / �r ZOZ7
NOTARIZATION: 1
I, 1 i i c-L U ( / u, L4 a Notary Public for the State of
NL / County of Wu(<e do hereby certify
that ` a r r) It t) personally appeared before me
this the W day of 201-L and acknowledge the due
ice„ - i1fYtlb�ye{?going instrument. Witness my hand and official seal,
(Atotary 3 al) p; 3
= A =
GBLIC a
My commission expires
�►�e�D aye
AUG p 12Q2
BY•_
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018

State Stormwater Management Systems
Permit Nn SW8 960a
TO: NC DEHNR/Division of Environmental Management
Water Quality Section V
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
RE: Hock Subdivision
Stormwater Permit No. SW8 960321
New Hanover County
A&K Project No. 95281
Engineer's Certification
C. Lawrence si=den Jr. as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically/ eekP fiat ne) the construction of the
project,
_Hock Subdivision High D -Mity Subdivision Stnrmwater Prpject
(Project)
for Hock Development Stormwater Own is Assoc Inc (Project Owner) hereby state that, to the best of my
abilities, due care and diligence were used in the observation of the construction such that the construction
was observed to be built within substantial compliance and intent of the approved plans and specifications.
Noted deviations from approved plans and specifications:
hC4 .,
Signature �'
`; ....... .4,.'.
Registration No. 10972
jE E;I
IG�12
Date
///97/CrNEEF.
_
-
Andrew & Kuske
Consulting Engineers, Inc.
902 Market Street
Wilmington, North Carolina 28401-4733

DECLARATION OF COVEIANTS, COMIT10NS AND RESTRICTIONS
THIS DECLARATION, made and entered into this �-g day
1996, by GA.RY M. HOCK, 4117 N. Rcxbcro Road,
Durham, North Carolina 27704 (the "Declarant").
W 1 T H E a$ E T H:
000157 WHERE, the Declarant is the owner of certain rea:
property located in the City cf Wilmington, New Hanover County,
North Carolina, and is more particularly described on Exhibit A
attached hereto and incorporated herein by reference (the "Proper-
ty"); and
VURZ S, the. Declarant proposes tc subdivide the croYerty
from time to time by way of the recording of a subdivision plat or
subdivision plats (individ.ually and collectively the "Subd'_visicn
Map"); and
WHEREAS, in order to obtain a,:proval to subdivide
Property, the City of wilmington is requiring the improvement of
the property described on Exhibit A attached hereto and incor-
porated herein by reference as a detention area for the purpose of
detaining and accumulating storm drain runoff (the "Detezt_c-,
Area"); and
V;HEF-EL?^,, the Declarant is willing to convey the Detentic::
Area to the Aescciaticn and certain improvem.ent3 will Y.'e
structed thereon for the use and benefit of the owners and develo-
pers of the Tracts ias hereinafter defined); and
W42RZM, the Association shall maintain the Detenticn
Area and oins in the execution of this Declaration to evidence its
agreement with the terms and conditions hereof.
NOW, THEREFOR!, the Declarant hereby declares rhat the
Property as herein described and referred to shall be held, soli
and conveyed snrject to the following easements, restrictions,
covenants and conditions and which shay_ run with the Property a:.d
be binding cn all parties having any right, title or interest in
the described property or any part thereof, their heirs, successors
and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
SPS tioP. 1, "Association" shall mean and refer to ts_e
Stormwater Owners Association, Inc. its successors and assigns,
a corporation organized under the rot -for -profit corporation law
of the State of North Carolina. STURI, (���� �R
H
E C E I V E
RetnadTO n✓.d t%-NW qi9 lqt -932ti MAY 031996 D
PROJ 4 5% 4P032

l 9 3 0 1 2 3 ARTICLE IV
H
Section 1. Insmrance. The Board of Directors shall
maintain comprehensive general liability insurance in an amount
determined by the Board of Directors to the e.Ytent obtainable
covering the Association and each Owner of a Tract against any
negligent act of :cmmission or omission attributable tc them which
occurs on or in the Detention Area. A11 Znsura-'Ice premiums for
such coverage shall be paid for by the A.3sociaticn.
ARTICLE V
OBLIGATION OF ASSOCIATION
section 1. Responsibility. The association s`lall be
responsible (i) for the maintenance, repair and replacement of the
Detentio^ ;area. and improvemsnts located thereon and the Piping
System, (ii) for taking all action to ensure that the Detention
Area and the Piping System are and remain in compliance with all
ordinances and re-ur_e.mients of the City of Wilmington acd other
applicable gcvernmental agencies having ;urisd_ctior over the
Detention Area, (iii) for payment of local taxes and special
governmental assessments on the wetenticn Area and the Piping
system, (iv) for the cost of liability insurance for the Detention
Area and the Piping Sy=rem, and (v) for all other costs and
expenses arising cut of or relating to the Detention Area and the
Pipina System. Notwithstanding anything herein: to the contrary,
each Owner shall be responsible for such Owner's Connection.
Section 2. Ricthts of Association, The Association shall
have the right to (i) enter into any contract with the City of
Wilmington and any such other applicable governmental agency having
jurisdiction over the detention area, (ii) enter into any contract
with contractors or any other party deemed necessary by the
Association to Carry out its obligation_ under Article V, Section
1, and (iii) take all other action as may be deemed necessary by
the Association to carry out its obligations under Article V,
Section I.
ARTICLE VI
PLESTRICTION5
/ t-Section 1. Imoervieus Structures, No more than ninety
/ percent (90s) of th=_ area of any Tract,) including that portion of
the right of way betwean the edge cf pavement and the front lot
line, shall be co%,ered by impervicus structures, including asphalt,
CEO VP 5-1 1 90%

0124
gravel, concrete, brick, stone, slate or similar materials (but not
including wood decking or the water surface of swimming pools).
This covenant is required by and intended to ensure continued
compliance with stormwater runoff rules adopted by the State of
North Carolina. This covenant may not be changed or deleted
without the consent of the State of North Carolina.
section 2. Fill, -In. No Cwr.er of any Tract may fill-in
or pipe any road side or lot. line swa'_e located on such Tract,
except as recessa:y to provide a minimum driveway crossing. This
covenant is required by the State of North Carolina and may nct be
changed or deleted without the consent of the State of North
Carolina.
Section 3. Cnrb and Gutter. For curb and gutter
projects, no awrer of a Tract may pipe, fill-in or alter any lot
line swale cn such Tract used to meet the North Carolina stormwater
management permit regrcircments. This covenant is required by the
state of North Carolina and may not be changed or deleted without
the consent of the State of North Carolina.
ARTICLE VII
ADD UTONA? 2=.C2_RTY CONVEY711 '!12_ASSOc`I ;ION
Section 1, cnvevance of Additional. Prcnerty. Declarant
may convey to the Association additional real estate improved or
unimproved .ocat'ed within the Property, which upon conveyance or
dedication to the Assoc:.ation shall be accepted by the Association
and thereafter shall be maintained by the Association at its
expense for the benefit cf all its Members. In such event, the
property conveyed _hall be deemed to be included within the
definition of "Detention Area" in all provisions wherever it
appears and for all purposes under this Declaration.
ARTICLE VIII
GENERAL PROVISIONS
Section 1. Benefit. The provisions r:f'this Declaration
shall run with and bind the land in perpetuity and shall in-ure to
the benefit of and be enforceable by the :,ssoc:iation or the Owner
of any Developed Tract or the Declarant, their respective legal
representatives, heirs, successors or assigns in perpetuity.
Section .2. severability. Ir_•:alidation of any one of
these covenants or restrictions by judgment or court order shall
in no way affect any other of the provisions, which shall remain
in full force and effect.
a

prepUW by mu nnwu, w: auqrK,muw c. wait, M.u. urawer 22524,
, Durban, North Carolina 27702
199b U117
DECLARAMON OF COVENANTS. CONDITIONS AND Rf8TRICTI0Na
THIS DECLARATION, made and entered into this A/-- day
of M!nC 1996, by OARY M. HOCK, 4117 N. Roxboro Road,
Durham, dorthccarolina 77704 (the °Declarant•).
HIINIAIRIHS
WHEREAS, the Declarant is the owner of certain real
property located in the City of Wilmington, New Hanover County,
North Carolina, and is more partioularly described an Rxhihit A
attached hereto and incorporated herein by reference (the •Proper-
ty"); and
WHO", the Declarant proposes to subdivide the Property
from time to time by way of the recording of a subdivision plat or
subdivision plate (individually and collectively the -Subdivision
Map"); and -
WHEREAS, in order to obtain approval tosubdivide the
Property, the City of Wilmington is requiring the improvement of
the property described on Exhibit R attached hereto and incor-
porated herein by reference as a detention area for the purpose of
detaining and accumulat.':.ig storm drain runoff (the "Detention
Area'); and
WMEAS, the Declarant is willing to convey the Detention
Area to the Association and certain improvements will be con-
structed thereon for the use and benefit of the owners and develo-
pere of the Tracts (as hereinafter defined); and - --
WDEBREAB, the Association shall maintain the Detention
Area and joins in the execution of this Declaration to evidence its
agreement with the terms and conditions hereof.
HOW, THMPORE, the Declarant hereby declares that the
Property as herein described and referred to shall be held, sold
and conveyed subject to the following easements, restrictions,
covenants and conditions and which shall run with the Property and
be binding on all parties having any right, title or interest in
the described property or any part thereof, their heirs, successors
and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
Section 1. -Association• shall mean and refer to the
Stormwater Owners Association, Inc., its successors and assigns,
a corporation organised under the not -for -profit corporation law
of the State of North Carolina.
Massive f)..J kt..+,E qi,% --K1 •1311,
TOR WATER
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_ Section 2. 'Board• or *Board of Directors- shall mean
'
and refer to the Board of Directors of the Association.
Section 3. •Connection• shall mean the otorm drainage
system from the point of the system on the boundary line of the
Tract to and including the connection to the storm drainage system
located under the Road.
°
Section 4. -Declarant- shall mean and refer to Gary M.
Hock, his heirs and assigns,
Section S. 'Declarant Tract" shall moon and refer to all
�a°..
of the Property (including unsubdivided portions of the Property,
Tracts and Developed Tracts) owned by the Declarant.
P
Section 6. -Detention Area- shall mean the property
described on Exhibit B attached hereto and incorporated herein by
reference.
Section 7. -Developed Tract- shall mean and refer to
;o
each Tract upon which improvements have been built and for which
a certificate of occupancy has been issued.
o
Section S. -Member- shall mean and refer to every person
aa•o
,
or entity who owns a Tract in the subdivision.
Section 9. "':wn.nr• shall mean and refer to the record
o.
owner, whether one or mo:^, i,arsons or entities, of the fee simple
•
title to any Tract, but excluding those having such interest mainly
as�aecurity for the performance of an obligation.
Section la. "Piping System• shall mean the storm water
r.
drainage system running from a point under the Road through the
Property to the Detention Area, but shall not include any Connec-
tion.
Ifs
G
Section 11. -Property" shall mean and refer to all the
real property described on Exhibit A attached hereto and incor-
PB'
porated herein by'reference.
Da'
L,
Section 12. "Road• shall mean and refer to the sixty
•3..
foot right of way to be constructed through the Property from
Market Street,to Kerr Street and which will be dedicated to the
City of Wilmington for public use.
Section 13. •Bubdiviaion Map or Mapo' oholl mean and
refer to any subdivision plat of the Property recorded in the Now
Hanover County Registry of Deeds from time to time.
,u
Section 1e. -Tract' shall mean and refer to each
t"t,tered or numbered plot of land shown on each Subdivision Map.
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Tract shall also mean any of the Declarant Tract which is not yet
subdivided.
ARTICLE II
M2MRRSNlP IN THE ASSOCIATION
a,Section 1. membership. Every owner of a Tract which is
eubjuct to this Declaration shall be a Member of the Association.
Membership shall be appurtenant to and may not bo osparated from
ownerohip of any Tract which in oubjoct to thin Doclaration,
Ownership of a Tract shall be the sole qualification for member-
6
ship. Membership in the Association shall lapse and terminate when
a Member shall cease to be an Owner, whereupon the successor owner
..e`� of such Tract shall become a Member.
Section ]. voting Righta. The Declarant shall be
entitled to one vote for each acre (rounded to the nearest acre)
of the Declarant Tract with respect to any Association matter.
Each Owner of a Developed Tract of the. Association shall be
entitled to one vote for each acre (rounded to the nearest
hundredth decimal point) of the Developed Tract owned by such owner
with respect to any Association mutter. when more than one person
or entity owns any Developed Tract, their vote shall be exercised
as they among themselves. determine, but in no event will a split
vote, nor more than the applicable total votes, be cast with
respect to any Developed Tract. An Owner of a Tract shall be a
Member, but except for the Declarant shall not be entitled to vote
until such Tract becomes a Developed Tract.
Section 3. Other. All other matters with respect to the
governance of the Association shall be as provided in this
Declaration, the Articles of Incorporation of the Association and
the Bylaws of the Association.
ARTICLE III
Section 1. Creation of the Lien and Personal obligation
The Declarant, for each Tract owned by it, hereby
covenants, and each Caner of any Tract, by acceptance of a deed
therefor, whether or not it @hall be no exprocced in any such deed
or other convoyanco, in deemed to covenant and agreo to pay to the
Acoociatione (i) Annual Aooecoment@ or Chargoa; and (iil Special
Assessments for Capital Improvements; such acceeomento to be fixed,
established, charg:d and collected from time to time no hereinafter
provided. The Manual and Special Assessments, together with
interest thereon and the coats of collection thereof, including
re-^.^nable attorney's fees, shall be a charge on a Developed Tract
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and shall be a continuing lien upon the Developed Tract against
which each assessment is made. Each such assessment, together with
interest, costa and reasonable attorney's fees, shall also be the
personal obligation of the person(s) who was the Developed Tract
Owner at the time when the assessment became due. The personal
financial obligation for delinquent assessments shall pass from an
Owner to such Owner's successor in title by such successor's
acceptance of the deed or by any otner means of conveyance of such
Developed Tract for which any such assessments are'delinquent.
Section 2. kiiZ>znu+L_4L110LII➢IIt69AiIl• The asaeuumants
levied by the Association shell be need exclusively (i) for the
maintenance, repair and replacement of the Detention Area and
improvementa located thereon and the Piping System, (ii) for taking
all action to envure that the Detention Area and the Piping System
are and remain in compliance with all ordinances and requirements
of the city of Wilmington And other applicable governmental
agencies having jurisdiction over the Detention Area and the Piping
System, (iii) for payment of local taxes and special governmental
asuessments on the Detention Area and the Piping System if any are
assessed, (iv) for the cost of liability insurance for the
Detention Area and the Piping System and for all other costs
arising out of or relating to the Detention Area and improvements
thereon and the Piping System. Notwithstanding anything herein to
the contrary, each owner shall be responsible for all coats of the
foregoing as to such Owner's Connection. There shall be no
assessments for the initial cost of construction of the Detentioni
Area or the Piping System. Further, the Association has been
advised by the city and county tax assessor that as of the
recordation of thi3 Declaration the Detention Area has an assessed
value of zero.
Section 3. AnnuaAs,,zeemento. After consideration of
current maintenance costa and future needs of the Association with
regard to the Deter.tion Area, the Board shall fix the Annual.
Assessment to be paid by each owner of a Developed Tract to the
Association. 'rhe Board shall prepare a budget upon which the
A..nual Assessments for the ensuing calendar year will he based and
a copy of such budget, together with a notice of Annual Assessment,
will be submitted to each Member at least thirty (30) days prior
to the commencement- of each Annual Assessment period. The Board
may, after consideration of future costs for capital improvements
to the Detention Area, establish a reserve fund for such purposes
with monies necessary for ouch reserve fund to be partof the
Annual Assessment. In the ev ..,t the actual costs of the Assocte-
tlon emceed the budget, the Board shall notify each Owner of a
Developed 'react in writing within thirty (30) days of year and and
each Owner of a Developed Tract shall pay its proportionate share
of the excess calculated in accordance with Section 5 of this
Article III. Owners of Tracts that remain undeveloped shall not
y1b" be subject to Annual- Assessments; provided, however, the owner of
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.o a Tract which becomes a Developed Tract during the Annual Assese-
;�p, . ment Period shall pay its prorata portion thereof.
Section 4. Special MUUMUU for Caottal Improvement.
b.
In addition to the Annual Assessments authorized above, the
y
Association may levy, in any assessment year, a special assessment
r
applicable to that year only for the purpose of defraying, in whole
d�
or in part, the cost of any cor.dtruction or reconstr':ction,
unexpected repair or replacement of the Detention Area, provided
that any such special assessment shall have the affirmative vote
b°,
of at leapt a majority of the votes of the Developed Tracts at a
r
meeting duly called for this purpose. Owner@ of Tracts that remain
„°c0
bq
undeveloped shall not Le subject. to Special Assessments; provided,
°
however, the owner of a Tract which becomes a Developed Tract prior
to ouch meeting shall pay its prorata portion thereof.
&'
Section S. Rate of Assessment. Both Annual and Special
Assessments shall be chargud to each Owner of a Developed Tract as
•�'o„
provided in this Declaration and may be collected on the basis as
be
the Board deems practicable, except that such aeaessmento will
,,.
collected no lees frequently than on an annual basis. Annual
'�f•°cap
Aeeeeements and Special Assessments for each Developed Tract shall
'b py
be determined by multiplying the total amount of Annual Assessments
and Special Assessments to be charged by a' fraction, usil•y as a
MA erator the number of scree of such Owner's Developed Tract and
"°q°
B
as a denominator the number of scree of all of the Developed Tracts
a
(each rounded to the nearest hundredth decimal point.
pp, N4 m
aeb s
Section 6. Date of Aaapeement of Annual Assessments.
The Annual Assessments provided for herein shall commence as to all
Developed Tracts on the date this Declaration is recorded in the
° Y „q •,
9 s
New Hanover County Register of Deeds. The first Annual Assessment
shell be adjusted according to the number of months remaining in
the fiscal year of the Association, which shall be the calendar
year. Thereafter, Annual Assessments shall be calculated on a
calendar year basis. The due dates of the Annual Assessments shall
be established by the Board of Directors as set forth above. The
05
Association shall, upon demand, at any time, furnish a certificate
in writing signed by an officer of the Association setting forth
n °1 W,
whetner the assessments on a specified Developed Tract have been
'
paid. A reasonable charge may be made by tht. Board for the
issu-ance
of these certificates. Such certificates shall be conclusive
;r
evidence of payment of any assessment therein stated to have been
paid.
°pop`
Section 7. gfje r of Nonpayment of Assessment Remedies
';,•�•: '{< aj,
of the Association. Any assessments which are not paid when due
shall be delinquent. If the assessment in not paid within thirty
(101 days after the due date, the assessment shall bear interest
:..�,•.�
from the date of dcllaquency at the rate of 12% per annum and the
+-vociation and the Declarant each have the right to br!ng an
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action at law against the owner or any other person personally
obligated to pay the same or foreclose the lien against the
Developed Tract, and the interest, costs and reasonable attorneys
fee* of any such action shall be added to the amount of much
assessment. No owner or other person liable for payment of any
assessment may waive or otherwise escape from liability for the
assessments provided for herein. Bach Owner, by him acceptance of
a deed to a Tract, hereby expressly vents in the Association, or
its agents, the right and power to bring all action against such
owner personally for the collection of ouch ac0000monto and liono
as a debt and to onforco the aforooaid chargo and Sion by mothodo
available for the enforcement of ouch lien, including foreclooure
by an action brought in the name of the. Association or the
Declarant in a like manner as a mortgage or deed of trust lien on
real property, and such Member expressly grants to the Association
and the Declarant a power of sale in connection with any ouch
charge or lien. The lion provided for in hie section shall be in
favor of the Association and shall be for the benefit of all other
Owners of Developed Tracts and the Declarant. The Association,
acting on behalf of the Owners of Developed Tracts, shall have the
power to bid in an interest foreclosed at foreclosure sale and to
acquire and hold, lease, mortgage and convey the same. Should the
Declarant exercise his rights hereunder, all payments collected by
the Declarant shall be payable to the Association for the assess-
m,mte.
Section S.' fh,Mrdina[SOR o[ the Lien t0 MO![eaeea, nee*e
of Trust and Similar Security interests, The lien of the assess-
mento provided for herein shall be subordinate to the lien of any
first mortgage, deed of trust or similar security interest owned
or hold by an institutional lender, and oubordinto to tax liens
and special assessments on a Developed Tract made by a lawful
governmental authority. Sale or transfer of any Developed Tract
shall not affect the assessment lien. No sale or transfer shall
relieve such Developed Tract from liability for any assessments
thereafter becoming due or from the lien thereof.
Section 9. Exempt Property. The following property
subject to this Declaration shall be exempt from the assessments
created herein,
(a) All properties dedicated to and accepted by a
local public authority;
(b) The Detention Aron; and
(c) Tracts which have not become Developed Tracts.
K1,0RDE9 AND VERIFIED
N.1Ry SIZE 09'_
RECV, 'ER CF DEEPS Or
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6 '96 M.-I 7 PM 9 03
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U 1 2 3 ARTICLE IV
Section 1. Insurance. The Board of Directors shall
maintain comprehensive general liability insurance in an amount
determined by tha Board of Directors to the extent obtainable
covering the Association and each Owner of a Tract against any
negligent act of commiooion or omiaoion attributable to them which
occurs on or in the Detention Area, All inourance premlumo for
such coverage shall be paid for by the Association.
ARTICLE V
Section 1. Responsibility. The Association shall be
responsible !i) for the maintenance, repair and replacement of the
Detention Area and improvements located thereon and the Piping
System, (11) for taking all action to ensure that the Detention
Area and the Piping System are and remain in compliance with all
ordinances and requirements of the City of Wilmington and other
:applicable governmental agencies having jurisdiction over the
Detention Area, (iii) for payment of local taxes and special
governmental assessments on the Detention Area and the Piping
System, (iv) for the cost of liability insurance for the Detention
Area and the Piping System, and (v) for all other coats and
..expenses arising out of or relating to the Detention Area and the
Piping System. Notwithstanding anything herein to the contrary,
each Owner shall be responsible for such Owner's Connection.
Section 2. Riehts of Association. The Association shall
have the right to M enter into any contract with the City of
Wilmington and any such other applicable governmental agency having
jurisdiction over the detention area, (ii) enter into any contract
with contractors or any other party deemed necessary by the
Association to carry out its obligations under Article V, Section
1, and (iii) take all other action as may be deemed necessary by
the Association to carry out its obligations under Article V,
Section 1.
ARTICLE VI
RESTRICTIONS
Section 1. Impervious Structures. No more than ninety
percent (901) of the area of any Tract,. including that portion of
the right of way between the edge of pavement and the front lot
line, shall be covered by impervious structures, including asphalt,
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gravel, concrete, brick, stone, elate or similar materials (but not
including wood decking or the water surface of owimming pools).
This covenant is required by and intended to ensure continued
compliance with stormwater runoff rules adopted by the State of
North Carolina. This covenant may not be changed or deleted
without the consent of the State of North Carolina.
Section 2. Pill -In. No Owner of any Tract may fill-in
or pipe any road side or lot line Swale located on such Tract,
except as necessary to provide a minimum driveway crossing. This
cnvenant to raquirod by the State of North Carolina and may not be
changed or deleted without the consent of the State of North
Carolina.
Section 3. Cur6 and Outter. For curb and gutter
projects, no owner of a Tract may pipe, fill-in or alter any lot
line awale on such Tract used to meet the North Carolina stormwater
management permit requirements. This covenant is required by the
State of North Carolina and may not be changed or deleted without
the consent of the State of North Carolina.
ARTICLE VII
ADDITIONAL PROPERTY CONVEYED TO _ASSOCIATION
Section 1. Conveyance of Additional Property. Declarant
may convey to the Association additional real estate improved or
unimproved located within the Property, which upon conveyance or
dedication to the Association shall be accepted by the Association
and thereafter shall be maintained by the Association at its
expense for the benefit of all its Members. In such event, the
property conveyed shall be deemed to be included within the
definition of -Detention Area• in all provisions wherever it
appears and for all purposes under this Declaration.
ARTICLE VIII
Section 1. Benefit. The provisions of thin Declaration
shall run with and bind the land in perpetuity and shall Inure to
tha benefit of and be enforceable by the Aoeoeiation or the Owner
of any Developed Tract or the Declarant, Choir roopective legal
repreoentativeo, hairo, successors or assign in perpetuity.
Section 2. Severrability. Invalidation of any one of
these covenants or restrictions by judgment or court order shall
in no way affect .,ny other of the provision, which shall remain
1� full force and effect.
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Section 3. Amendments. Until ouch time as there is a
Developed Tract, the provisions of thin Declaration may be amended
by an instrument signed by the Declarant. Commencing with the date
of the first Developed Tract and for a period of fifteen (15) years
thereafter, the provisions of this Declaration may be amended by
an instrument signed by the Declarant and the Owners of Developed
Tracts holding net less than 66-2/31 of the votes; provided, the
Declarant may amend the provisions of this Declaration to effec-
tuate Article VII without the consent of any Owner of a -Developed
'Tract. 'I'ncrsafter, the provisiona of this Declaration may bo
amended by an instrument signed by the Owners al the Developed
Tracts holding not less than 66 2/3t of the votes. In no event may
any amendment of this Declaration modify or change any limitation
or condition imposed on the Property by the City of Wilmington
without the express written consent of the City of Wilmington. In
no event may any amendment of the Declaration modify or change any
provision set forth in Article VI without the express written
consent of the State of North Carolina. The rights of the Declar-
ant hereunder shall terminate at such time as Declarant no longer
owns any portion of the Property unless Declarant has trannferred
his rights under this Section 3 pursuant to Section 11 of this
Article VIII, in which event ouch rights inure to the benefit of
such assignee.
Section 4. Governmental Authority. In the event that
any governmental authority requires the modification of any
pro•:ision contained in this Declaration, the Declarant shall have
the power and authority to amend any provision herein to conform
to the governmental requirements. For the purpose of effectuating
such amendmento, each Owner of any Tract and the Association, by
acceptance of a deed therefor, whether or not it shall be so
expressed in such deed, hereby appoints the De, aidnt as his
attorney in fact, with full power to execute a supplemental
declaration oa behalf of said Owner. The rights of the Declarant
hereunder shall terminate at ouch time as Declarant no longer owns
any portion of the Property unless Declarant has transferred his
rightw under this Section 4 pursuant to Section 11 of this Article
VIII, in which event such rights inure to the benefit of ouch
asnignee.
Section 5. Conveyance of Detention Area to Association.
It is understood anJ agreed that Declarant, hie legal represents
Lives, hei_., and assigns, shall convey the Detention Area to the
Association free and clear of financial liens and encumbrances.
'lhn Declarant shall have no liability to the Association of the
Members for the Detention Area and improvements 'constructed
che.eon. The Association shall indemnify and hold harmleas
Declarant for all liability, costa and expenses ariuing out of or
,,elating to the Detention Area and all improvements thereon and the
Piping Systen..
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Section 6. GandaS. The singular, whenever used herein,
shall be construed to mean the plural, when applicable, and the
necessary grammatical changes required to make the provisions
hares[ apply either to corporations or individuals, male or female,
shall in all cases be assumed as though in each came fully ex-
pressed.
Section 7. Rosemont for Construction Purposes. The
Declarant and Owners of Tracts adjacent to the Detention Area shall
have full rights of ingrono and e,r000 to and through, over and
about the Detention Area during such period of time as the Declar-
ant or such owner is engaged in any construction or improvement
work on or within the Property or such adjacent Tract, as the case
may be, and shall further have an easement for the purpose of
storage of materials, vehicles, tools and equipment which are being
utilized in such development or construction.
Section 8. Peroetual Easement. Every Owner of a Tract,
as an appurtenance to ouch Tract, shall have a perpetual, non-
exclusive easement in and upon the Detention Area for the purpose
or use to which the Detention Area was intended, and ouch easement
shall be appurtenant to and shall pass with the title to every
Tract, whether or not specifically included in a deed thereto. The
Association, as.an appurtenance to the Detention Area, shall have
a perpetual, non-exclusive easement over, across and upon the
Property for the purpose of access, ingress and agrees to the
Detention Area and the Piping System and performing its obligations
under Article V, and such easement shall be appurtenant to and
'- shall burden the title to every Tract, whether or not specifically
included in a deed thereto. In the event that the surface of the
ground of the Property or any improvements thereon are disturbed
or damaged in the course of the Association or any of its agents
or contractors exercising any rights granted hereunder in the
easement, the Association shall promptly restore any disturbed area
and repair all damage located on the Property to the condition
existing prior to such disturbance or damage. The Association
shall promptly discharge or cause to be discharged all liens
Moment
out of or connected with the Association•o exercise of its
easement rights hereunder. Each Owner reserves the right to use
those portions of the Property over which the easement rune for any
purpose not inconsistent with the rights granted herein, including,
Without limitation, the installation, use and operation of drive-
ways, walkways, parking areas and landscaping.
Section 9. Ll=. The covenants and restrictions of this
Declaration shall run with and bind the Property for a term of
thirty (30) years from the date this Declaration is recorded, after
which time it shall to automatically extended for successive
periods of ten (10) years unless an instrument in writing signed
1- the Owners of the Developed Tracts holding not lees than 66 2/3t
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of the votes hen been recorded within the your preceding the
beginning of each nucceecive period of tan (10) yooro agreeing to
terminate the same.
Section 10. 28dj2aLLQR- If the City of Wilmington is
,,;
willing at any time to accept the Detention Aron for the benefit
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of the public the Association may execute and deliver any and all
documents necessary to dedicate the Detention Area for the benefit
4
of the public to the City of Wilmington.
eaation 11. Any or all of the
the Declarant may bo tranoforrad
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special righto and obligat a
to other persona or entities; provided, that the transfer shall not
reduce an obligation nor enlarge a right beyond that contained
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herein and provided further, no such transfer ahall be effective
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unless it is in written instrument signed by the Deelaran,� and duly
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recorded in the public records of New Hanover County.
IN WITNESS WHBR80P, the Declarant has hereunto set hie.--
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hand and seal, all the day and year first above written, and the
Association has caused this instrument to be signed in its tor-
o porate name by its duly authorised officers and its sepl to be
hereunto affixed by authority of its Board of Directors, all the1
day and year first above written.
' a (SEAL) '
Gary M. oa
STORNMATER OWNBBB ASSOCIATION, INC, '
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i998 0128
NORTH CAROLINA
DURHAM COUNTY
IDeiezb e S. SIYQilL I , a Notary Public, do
hereby certify that OARY M. NOCK per na y appeared before me thin
day and acknowledged the due execution of the foregoing instrument.
Witness my hand and notarial seal, this gll,H day of
ma }e�R 1996.
My commission expires:
21-71)000
NORTH CAROLINA
DURHAM COUNTY
1, De I'r tive S. k F a Notary Public, do
hereby certify that Arrt T personally appeared
before me this day and aT%3ged that he in
ER
Secretary of STORMWATER OWNS ASSOCIATION, INC., a corporation,
and that by authority duly given and an the act of the cor-
poration, the foregoing instrument was signed in its name by its
President, sealed with its corporate anal, and attested by
im self as its Secretary.
Witness my hand and notarial seal, this 4 iH day of
manrl� 1996.
My commission expirest
Zu200
STATE Of NORTH CAROLINA
N. W liu m County
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MMIOIT A
THE PROPERTY
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Stato of North Carolina, County of New Hanovsr, BEGINNING at an old Ira
pipe at the intersection of the Neatern line of South Karr Avenue (30 fee
from ito centerline) with the Northern line of tho Seaboard C000tlin
Railroad, New Bern Branch (50 foat from contorline)7 and runo thence L
the point of beginning along the Northern lino of said railroa
South 67 dogreoa 59 minutes 56 occondc pact 603.60 Loot to on iron pipe, th
P.T. of a curve to tho right (cold P.T. being 10.7 Loot Bootwordlyy of th
eov1ooint of owitch where the belt line to the Southern aection of Pilmingt
eo the main lina); thence North 22 degreec 00 minutea 04 seconds Was
15.00 feet to a pipe (said pipe being in a now wider right-of-way of mai
line no it extends Wentwardly); thence with said wider right-of-way (65 fee
from its centerline) and along said curve to the right to an old iron pip
in the Eastern edge of a private road leading from United States Highway I
to the Netsig Boat Works (formerly the Pearsall Fertiliser Plant) (Dee
Book 1253, page 1707), said pipe being 25.0 feet from the center of sai
road and being also South 59 degrees 06 minutao 45 secondo Neat 989. O0 fee
from the preceding point as measured along the chord of said curve; thenc
along the Eastern line of said road North 18 degrees 14 minutes 38 secon
Bast 227.06 feet to an old iron pipe; thence along a curve to the left,
chord being North 04 degrees 54 minutes 45 seconds Bast 190.57 feet to a
iron pipe; thence with said road North 08 degrees 54 minutes Was
410.60 feet to ' an iron pipel thence loaving said roa
North 80 degrees 47minutes Bast 256.20 feet to an iron pippee; thence Wort
OB degrees 26 minutes West 396.64 feet (passing through an in -line old iro
pipe at 16.0 feet) to an iron pipe in the Southern line of Market Stree
(United Stateo Highway 17); thence along the Southorn lino of Market etreean (50 foot from cterlinc) North 62 degrees 16 minutoc 32 aoaondo Beat 383.3
foot to an old iron pipe marking the Morlhenot cornar of a tract conveys
In Book 164. page 571; thence South 08 degrees 38 minutes 09 eeconda Sao
456.79 foot to an iron pipe in a ditch; thenco with tho canter of said ditc
North 85 dogroon 35 minutao 31 cecondo Bast 349.60 foot to an old iron pipo
thenco South 08 dogroes 28 minutao 54 cecondo Beat 109.43 feet to an of
iron pipe in the B. A. Sneeden line (Deed.Book 643, page 455); then
South 83 degreeo 07 minutoc 40 coconda Pent 8.05 fact to a concret
monuments thence South 00 degrees 34 minutao 21 occonda Bast 499.49 fee
along the Z. A. Sneedon Tract to a concreto monument; then
North 61 degree* 12 minutes 06 seconds Bast 522.75 feat to a concret
monument in the Poatarn lino of Kerr Avenuel thence with said Western lin
South Oe degreeo 27 minuteo.24 secondo Bast 91.95 feet to the point of
beginning and containing 26.3 acres moro or lean.
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BXNIBIT O
TIM DB'TMMON ABU -
BEGINNING at a stake located in the western proporty line of a 60-
foot private access eaoement, as shown on tho plot and survey
hereinaftor referred to, and running thence South 56" 70' 33" pact
91.74 feet; thence South 81" 31' 53" peat 340.33 foot to a.atakol
thonoo South 19. 43' 45" foot 330.36 foot to a 0taka in tho
northern right -of -ray lino of COX Railroad; thaneo along and with
the northern right-of-way line of CSX Railroad in a ocutheasterly
direction along a curve having a radius of 1,347.69 foot a distance
of 404.45 feet to a stake; thence North 03" 55' 16" East 307.99
feet to a stake; thence North 15" 53' 33" East 43.03 feet to a
stake in the western property line of said 60-Loot right-of-way;
thence North 49" 10' 10" Nest 51.89 feet to a stake, the point and
place of BEGINNING, and being that property containing 108,740
square feet designated as Drainage Easement on that plat entitled
"Division for G. M. Nock" dated February 5, 1996, by Stuart Y.
Benson 6 Associates, RLS.
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2011 0454
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Prepared By and Return To, Stephanie C.;Powell, Boa.
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Fed Erii Hutson Rughoa a Pouoll, P.A.
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Durham, North Carolina 97709
NORTH CAROLINA AMENDMENT TO DECLARATION -OP COVBNAN3'8,�x
CONDITIONS AND RESTRICTIONS RECORDED
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NEW HANOVBA COUNTY IN BOOR 1998, PADS 0117,
NEW
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I HANOV132 COUNTY REGISTRY
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THIS AMENDMENT TO DECIARATION OF COVENANTS, CONDITIONS
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AND RESTRICTIONS (•Amendment•), made and-ontarod into. Do of tho
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lot day of )April, 1996, by MY M. HOCK, 4117 N. Roxboro Road,
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Durham, North Carolina 27704 (the "Declarant•) .
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WHEREAS, the Declarant executed and recorded,a certain
Declarationfof Covenants, Conditions and Restrictions'diited March
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4, 1996, aid recorded -in Book 1998,•.: aN-page 0117ji..�.am., Nea.�:
Hanover County Registry, on March -7, "'1996.
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(the .-Declaration•) '
encumbering( the property described on Exhibit A attcbe<l hereto (the
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([�pp,p �• Property )rJ and - .:
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�Cbe;Declaration,_
WHEREAS, pursuant -to the provisions oY
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Btormwater Owners Association, Inc:, a now-proflt(reiorporatioDx(the ti
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Association ), io responsible lor;;,among othorpthinga, the main r
tenance and repair ' -
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of the Detention Area, aogdeliaed in.)ehe
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Declaratioq',and described cn Sxhihit a attached horatoL and •
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WHEREAS, the City of W1.1mington,{(th0
the execution and recordation of_an agreementr"antlllod
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Manogament Facility Impaction and �MaintOnanso oo,Agomont,_ which°y
agreement recorded in
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.is Book 9006,, at':ypage-0938; New'Hanovsr+� °
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County Registry (the •Stornroater Fa cility:A®roamant°);*and
WHEREAS, pursuant to the-.Storaaroter :
the Association is required to perfo=4'certai
regard to the Detention Areal and .
WHEREAS, the City has .requeated and:D
to amend the Declaration to provide lorathiop
obligations by the Association and; toihe;provi
and
remedies by the city in the event tAacocint
ility Agreement,
obligat ons with ITy5sfi' o' p " rwv.
,w '.• hl'F's .{ , , fd,� a fY E. .a ) �er3y
arontdhoo,agreed
.armanae,i-of, diich 11
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fori�righta`a;iuid'f! r° ':R , t i ,° , 5 n
,lallo to do aoL
WHEREAS, Article VIIl, eoctioa' of tho!OaolaiaElon'II
Provides that until such time aa-there,•So•;o�:DovalopadtTraati(ae,��
defined in the Declaration), the provisioria of the Declaration
of
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be amended by an instrument signed by the and
may r
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RECOROfO 4N0 V .
F RIFIED
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MARV SUE OOTS
REGISTER OF pEcpS
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Declarati a under Articlo III, CovOAant'LOr Maintenance
Assessment, including, but not limited to,.all;rights and ad."
m remedies'.under Section 7 of,Article:III-in the event of k
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nonpayment of aeeeeemento. Provided; however,. aotwith-
• standing Article III, Section 8, any lien.of' assessmanto
y. provided for in the Declaration and imposed by the City ;
of Wilmington under thlo Article Ix aha1L•be a lien "
` against the Developed Tractowned>•,
° failed totpay such aeeoeemento.• by the Owner,who has J ,
P Y .and shall have priority
as provided by North Carolina 'General Statutes 1160A-
193. The:City of Wilmington may, exerciae.lto-rigghto and
remedies •under, the Declaration as amended —by this '•o "
Amondment'if thoAc000lation b 'failo,to,comply'withran
® �order by the City'of,Wilmington•to undertake neaeeeary
repair or, maintenance as required by the, Stormrater
Facility Agreement within thirty (30) days from'the date
tt t >a thereof. -
�,
o -'t 3. Section 3, entitled •Amendmenta°, off Article•VIII, �Q
entitled •OBhBRALPROVISION8•, is hereby,.deleted in its,entirety ,
rt. and the following,is. inserted in. lieu -'thereof a r'
r, 8ectloa?3`. F�gp�pptq, pistil such%time^as;; there r G
1 is a•Developad;,Traot,she provisions of this Declaration ±•
° e maybe ameadedlbyan'lnetrumentislgned tiytthegDeolarant. " x t
° ;. Commenoing,rith ehe:dpta.Of the'fi'wet DegelopedlTract.and %f
09 ,6 0 t :for; 'a period•,Io!' fiitoen'.(15)'<Yearsa;;thereofter;i,Rthe
;, rovlsioae"'�of; ehle'.Dec laratlonjmay,ba•r�amanded�,vby5an' 4";5
inetrumentErelgned.3 by .the kDoe arane and.�7°thes OWneiof'of
T ° o f_ Developed Tracts ho dingjnoG .lean thea 66 2/3trofetthe`'
Ew yvoteetiprcvidad,,the,Declarantj,aiar), nd�the proviolone c 6 -,of Declaration toleffocGuata"ArticleVII without,,the� �,+4t
e ° Ijr,' conaentpOffanyiOwaoraeP'a'Devoloped Traet':,i,W,Therooftor„
° AnlltrumenLione of thlo;aaalaratioy+may(beaamended byJan d, ,
inotrumeni eigaed bythol0aaoraeo! eha,;DevalopedTracto144 4
5. holdinglnoqlee9,4thaAM,2/30f6t;ithe'vOte0:11,IAA%eventNl,
° t maY anY`'amondment of r,thlohDaolaration oadilY orichahia".,,,.,
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nodlfyKor,change�any provioioafsetjforthainy�
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tlo;,eptltl8d !OeaVeyapae Of�Deten[loR�Area, ±
af-ArtloIs VilI, on titledr'!oBliSRAL PROVISIONS',°:
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o BOOK PACE & °'
NORTH CAROLINA 2 0 11 4 5 8 g d o dti
o DURHAM COUNTY
I, Deiretre S Stnuq
kr a Notary Public, do
hereby certify Cast OAR M. HOCK eons y oppoorod before me thin I{
day and acknowledged the due execution of the foregoing instrument.
witness my hand end notarial seal, this ISt day of t
1996.to &to
x
O My commission expires
-7)MD0WURY
q
NORTH CAROLINA .f A^,
DURHAM COUNTY 0
• r yAL
SIt
DU rM. SO" c yc rid > 4
a Notary Public R do
hereby certify tut _ A.»+ . 0� personally appeared
i before ; me this day I,and, ac mow a ge that ' he'% ie • . i ,4 y' Secretary of STORMWATER OWNERS%ASSOCIATION, INC ,; a'tcorpornticn,.
;w^, ° and that by authority, duly given',"and as the act of. the corporation,
the foregoing' instrument .was. signed in lto name':?by" ita- I
a, President, sealed with its corporate seal,, and attested by.1 I M t .' •,
no its, Asst• Secretary.. , o
Witness my hand and notarial sbal, this 151 day of,' v S ar
1996. ,• .fir .4 a^
,. ITEd
fr M' commission expireni " a e1 oIs I
u°
-2 171A000
WORTH CAROLINA
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BOOK PACE
2 0 11 0 4 5 9 RIMBIT A
THE PROPERTY
State of North Carolina, County of New Hanover, BROINNING at an old
iron pipe at the intersection of the Western line of South Karr
Avenue (30 feet from its centerline) with the Northern line of the
Seaboard Coastline Railroad, New Bern Branch (50 feet from
centerline), and rune thence from the point of inning along the
Northern line of said railroad
South 69 degrees 5 minutes 56
esoonde Meet 60340 toot to an
iron plpo, the P.T. Of a ourvo
ppo the
right (said P.T. being 10,7 feat RasCwardly of the Point of switch
where the belt line to the Southern section of Wilmington leaves the
main line), thence North 22 degree0 00 minutes 04 seconds Nest 1S.0o.
feet to a pipe (said pipe being.in a now rider right-of-way of main
line it
as extends westwardly), thence with :aid wider right-of-way
(65 feet from its centerline) and along said curve to the right to
iron
an old pipe,in the Rastern.edge of a private road lending from
U.B. Highway 17 to the weteig Boat Worko (formerly the Pearsall
Fertilizer Plant) (Deed Book 1253, page 1707),-:aid'pipe being MO
feet from the center of'said,road'and being also South 89 degree: 06
minutes 45 seconds Neel 989.09 feet from•the preceding point.as
measured along the 'chord of+ -said- curve,.thance,along,the'Baotern
line of said road North 18 degrees 14 minutee•30',eeconds Rant 227.06
feet to an old iron pipe, thence -along a•curve-to,the left,chord
,a
being North 04 degrees 54 minutes'45 seconde•Ba:t$190.57.feet to an
iron pipe, thence with said rood,North 06 degreesJ54 minutes -Neat
_
410.60 feet to an iron pipe, -thence leaving,`said,-road
-
North 80,degrees 47 minutes,-Bast;256.20 fret'.to'Van iron -pipe, thence
North 06, degree@ 26. minutes', West'.396: 64 feet",(passing,throughan,in-
line old;iron pipe at 16:0,feet)•Itoan iron pipe,in. the`Southern
'v
1lne,of Market Street(U.S:•fHighway�17)1,thence`along'the;8outhern
lino of Market,8treat (SO.feet,,from,centerline)'; e. ..• r' :;,; i��,. ,•
'
North 82 degrees 16 minutes", 32,'•'secoads Bast*36i.36;feetjto.an;_old;•
•iron"pipe
marking the• Northeast-corner;of',e")trnotconveyedtin'�Book,'+;
104,:page
571; thenee'South?08i."ddeegcrees 3Cminutes;09 seconds+Rast
sac
456.79 feet to an iron.pipe+.in`a•ditchltheace;rith';Ehe-;canter+'of
said ditch North-85;.degreee)ti35'minutes, 3l' de eeccn,-Bast^349:6S. feet '
to -an old iron pipe 1. thhence,soutW OB,degrees 4201tminutes� 54•• eeconda;..,
Bast 109.43 feet to an old'.iron. ipe;in theft.'
-.,.'.
;m,A.?8needeh'linea(Deed..'.
Book 843, page 455)i-thence Scutt SVdegrGiS�,07inutea 40 seconds...
l si
Nest 0.03 feet to a'.;aoncrstes monument(. thence,.:-; ?;
South OB degrees ,34"minutas,.2l seconds, Eaet''499:48'feet'along tha.'.•-
-1P;
E. A..Bneedm Tract to a conorete'monueenC ,"thence,
'•�i
North el degrees:12 minuter.06 seconds East,'522�7Cfest to.a
t=
concrete monument in the Western line;of,Kerr Adenuelthenca;with•,
-
said Western line South 08 degrees M minut6a 24 seconds Bast.91.95;
feet to the point of beginning and containing 26.3 acres more or
less.
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BOOK PACE
BICHIBI7 H
2011 0460
TM DBTMMO7 AREA
BEGINNING at a stake located in the western property line of a GO -
foot private access easement, as shown on the plat and survey
hereinafter referred to, and running thence South 56. 30' 330'West
81.74 feet) thence South Ole 11' 53" woot 340.33 foot to a otake)
thonco South 109 49' 451 Woot 330 a foot to a atoko in Cho
northern right-of-way lino of C9R Ral�rI 4honca Glen and with
the northern right-of-way lino of COX Railroad in a couthonoterly
direction along a curve having a•radiuo of 1,347.69 feet a distance
of 404.45 feet to a stake) thence North 03. 55. 160 East 307.99
feet to a stake) thence North 15. 53' 334 Bast 43.03 feet to a
stake in the western property;lino of said'60-foot right-of-way)
thence North 49. 10' 100 Meat 51.89 fact -to a stake, the point and
place of BEGINNING, and being that property containing 108,740
square feet designated as Drainage Easement on that plat. entitled
.Division for G. H. Hock• dated February 5, 1996, by Stuart Y.
Benson i Associates, RLS..
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