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Home My WebLink AboutSW4231203_Deed Restriction/Protective Covenant Form_20240214 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2022004724 DAVIDSON CO, NC FEE$26.00 PRESENTED&RECORDED. 03-01-2022 11:33:59 AM MICHAEL HORNE REGISTER OF DEEDS BY:TERRTANIT S.WARD ASSIS BK: DE 2533 PG: 1913-1919 COVER SHEET Document Type: ,S-QQ d Grantor: ge,Lea ��C� Grantee: A/D / L� 1 �A ' This cover sheet was added to comply with NCGS § 161-18(a)U Non-standard fee—as defined in 161-14(b) 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 stormwater 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 concurrence of the Division of Energy, Mineral and Land Resources. (f) The maximum allowable built-upon area per lot is 4,000 square feet. This allotted amount includes any builtupon 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, swales, 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. (I) 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. Signature: Q71,44,1/ it: Date: ) i 2 Gr 7:? / I, AP/1: ' (tea �a4, ,�, ,k5oz— , a Notary Public in the State of AI/.1Y/ Citini 1, , County of do hereby certify that S- r-' 2- J v l -9,1 personally appeared before me this the l day of /1Q1/-a-- , 207-2;and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, �{ �szo �t�-�cw�i `,. -�/L rss wwo AN /va oreN saiid uo. Signature �!!� cog ��4 2�iloleo U1�oN 2 I I --�i Aiunoo LOsiol My Commission expires �J n flg fl d AV ION NOSAOvr 3NIVINEIVH0 S1800 • • :' i _ Operation & Maintenance Agreement, ' ! Project Name: ,Noland Farm. - Project Location: off Tussey Road (0.4 mile south of.Helmstetler Road) - - Cover.Page Maintenance records shall be kept on the following SCM(s). This maintenance record 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&corresponding O&M sheets will be added automatically) _: Infiltration Basin Quantity: N74 Location(s): _ Infiltration Trench Quantity: . Location(s): - - Bioretention Cell Quantity: Location(s): Wet Pond Quantity: Location(s): Stormwater Wetland Quantity: Location(s): , Permeable Pavement Quantity: _ Location(s): . -. Sand Filter Quantity: . Location(s): Rainwater Harvesting Quantity: ' Location(s): - • Green Roof Quantity:, Location(s): ' Level Spreader-Filter Strip Quantity:_ Location(s):, Proprietary System Quantity: Location(s):' . Treatment Swale Quantity: Location(s): Dry Pond Quantity;_• Location(s):: . Disconnected Impervious Surface Present: ; No Locations):• - . • User Defined SCM Present: -No Location(s):'-.. Low Density Present: `Yes Type:,Vegetated swales/roadside ditches 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:Wallburg,NC 27373 Phone number(s)'s(704)562-5012 : . . - Email:?jrnifong@nkpatentlaw.com ` . / r • Date:. /Zi) Z . Signature; l• .4,4-4 2,.Q ,)A-Ck-j'1., , a Notary Public for the State of //b/-1 t lm-ral s—t- County of r,< .`f-t— , do hereby certify that i _. $-hk. AAil,c i personally appeared before me tfAs ( day of _ , /116 / 1, Z- and acknowledge the due execution of the Operations and Mai tenance Agree Witness my hand and official seal �` .rev- � DORIS CHARMAINE JACKSON NOTARY PUBLIC: Forsyth County North Carol na My Commission Expires March 14,2023 Sea/ — My commission expires —•/y/z STORM-EZ 10/26/2021 Version 1.5 O&M Agreement Page 1 of 1 Low Density-•Maintenance=Requirements . 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. The vegetated conveyance or vegetated receiving area will be inspected quarterly. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows.Any problems that are found shall be repaired immediately. SCM M element: Potential problem: How to remediate the problem: Vegetation is too short or Maintain grassed vegetation such that the swale or vegetated 'Vegetation too long. area does not erode during the peak flow from the 10-year storm Tras h/debris is present.: Remove the trash/debris, Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then re- erosive gullies have sod (or plant with other appropriate species)and water until Vegetated receiving formed. established. Provide lime and a one-time fertilizer application. I areas Trees and/or other woody Remove the trees and woody vegetation from the swale, 'vegetation are present in regrade the swale if necessary and re-establish grass as shown the swale. on the approved plans. • Trash/debris is present: Remove the trash/debris. Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then re- 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 g conveyancesat the bottom of the swale. streams or SCMs. Re-sod if necessary. Vegetated / 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. applicable permitting agency. • Determine the source bf 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 and/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. conveyance. 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. The receiving water Discharges from the site are causing erosion or Contact the local NCDEQ Regional Office: sedimentation in the receiving water.