SW8070544_Historical File_20100331

North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
March 31, 2010
Division of Water Quality
Coleen H. Sullins
Director
Mr. Stephen H. Clark, Manager
Waterboro Village Management, LLC
1009 Slater Road, Suite 400
Durham, NC 27703
Subject: Stormwater Permit No. SW8 070544 MOD
Waterway Cove
High Density Subdivision Project
Brunswick County
Dear Mr. Clark:
Dee Freeman
Secretary
The Wilmington Regional Office received a complete modified Stormwater Management
Permit Application for Waterway Cove on March 30, 2010. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Title 15A NCAC 21-11.1000. We are forwarding
Permit No. SW8 070544MOD, dated March 31, 2010, for the construction of the project,
Waterway Cove.
This permit shall be effective from the date of issuance until July 3, 2017, and shall be
subject to the conditions and limitations as specified therein. Please pay special
attention to the Operation and Maintenance requirements in this permit. Failure to
establish an adequate system for operation and maintenance of the stormwater
management system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within thirty (30)
days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-
7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact Christine Nelson, or me at [phone].
Sin rely,
Georgette Scott
Stormwater Supervisor
Surface Water Protection Section
GDP%can: 3:1WC8tSTORMWATERiPERMIT1070544iAOD.mar10
cc: Brandon Finch, P.E., The John R. McAdams Company
Brunswick County Inspections
Jeff Phillips, Brunswick County Engineering
Division of Coastal Management
Wilmington Regional Office Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] FAX [phone] Customer Service:1-877-623-6748
Internet: www.ncwaterqualit.v.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
Naturally

State Stormwater Management Systems
Permit No. SW8 070544MOD
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE 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
Stephen Clark & Waterboro Village Management, LLC
Waterway Cove
1611 Waterway Drive SW, Ocean Isle Beach, Brunswick County
FOR THE
construction, operation and maintenance of two (2) infiltration basins in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules')
and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until July 3, 2017 and shall be
subject to the following specified conditions and limitations:
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 in Section 1.6 on page 3 of this permit. The subdivision is
permitted for two (2) drainage areas with a maximum BUA per drainage area as
follows:
Drainage Area 01
Infiltration Basin #1
Drainage Area #2
Infiltration Basin #2
Drainage Area, Acres:
31.37
29.83
ftz:
1,366,567
1,299, 378
Maximum Allowable
On -site BUA, fe:
634,964 I
337,903
Off -site BUA ftz:
36,492
286,610
!Vote: Built upon area includes, but is not limited to, roofed structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, uncovered, open slat decking, or the water surface of swimming pools.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
Page 2 of 10

State Stormwater Management Systems
Permit No. SW8 070544MOD
4. Each basin must be operated with a 50' vegetated filter.
5. All stormwater collection and treatment systems must be located in either public
rights -of --way, dedicated common areas or recorded easements. The final plats
for the project will be recorded showing all such required easements_ in
accordance with the approved plans.
6. The following design elements have been approved for the proposed infiltration
basin stormwater facilities, and must be provided in the system at all times.
Infiltration Basin
#1
#2
a Drainage Area, acres',
31.37
29.83
Onsite, ft2:
1,275,527
737,454
Offsite, ft2:
91,040
561,924
b Total Impervious Surfaces, :
671,456
624,513
Buildings/Lots, ft2:
365,400
208,600
Streets/Parking, fe-
173,614
81,432
Sidewalks, fe:
65,489
42,871
Amenity Center, ft2:
18,861
0
Other, if
5,166
5,000
Future, ft2.
6,434
0
Offsite, ft2.
36,492
286,610
c. Design Storm, inches
1.5
1.5
d. Basin Depth, feet.
2
3
e. Bottom Elevation, FMSL.
30
10
f. Bottom Surface Area,
5,046
2,225
Bypass Weir Elevation, FMSL
31
13
h. Permitted Storage Volume*
Storage Pond(s), ft3.
85,893
84,726
Infiltration Basin, ft3:
5,680
2,642
i. Type of Soil:
Wando
Wando
J. Expected Infiltration Rate in/hr
10
9.3
k. Seasonal High Water Table, FMSL:
27.9
6.43
I. Time to Draw Down, hours.
46
44
m. Receiving Stream/River Basin:
Intracoastal Waterway
/ Lumber
n. Stream Index Number:
15-25
o. Classification of Water Body:
SA;HQ_W
p Pump system
GPM'
230 GPM 193 GPM
0 Force Main, in:
4 4
Pump Model
Godwin Dri-Prime Model Godwin Dri-Prime Model
GSL80HV, 3600 RPM GSL80HV, 3600 RPM
Pump Operating Point:
230 GPM, 52' TDH 193 GPM, 16' TDH
The storage volume for these infiltration basins is contained in existing ponds where the
stormwater runoff is directed. The treatment volume is then pumped to the infrltratinn basins for
treatment.
II. SCHEDULE OF COMPLIANCE
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
Page 3 of 10

State Stormwater Management Systems
Permit No. SW8 070544MOD
2. The permittee is responsible for verifying that the proposed built -upon area within
the permitted drainage areas for this project does not exceed the maximum
allowed by this permit. Once the lot transfer is complete, the built -upon area may
not be revised without approval from the permittee through the Architectural
Review Committee (hereafter referred to as the ARC) and the NCDENR -
Division of Water Quality.
3. The permittee must set up a Homeowner's Association such that the permit can
be administered through the HOA via the ARC when the permit is eventually
transferred to the HOA.
4. The permittee, through the ARC shall have the responsibility to review and
approve, or disapprove, development plans, and track all new lot construction
and additions to existing lot construction, for the purpose of maintaining
compliance with the permitted BUA limits within each drainage area. The plans
reviewed must show all proposed built -upon area. The permittee, through the
ARC shall keep copies of all approved lot construction plans for the purposes of
recordkeeping and auditing and shall make those records available to DENR
staff on request. Any approvals given by the permittee through the ARC do not
relieve the homeowner of the responsibility to submit all lot construction plans to
the ARC for approval, to construct only what has been approved and to maintain
compliance with the permitted BUA limit.
5. The permittee shall cause a copy of the recorded document so named
"Declaration of Protective Covenants, Restrictions, Easements, Charges and
Liens for Waterway Cove", (hereafter referred to in this permit as the "DPC"),
prepared by Steve Reinhard, Attorney at Law, to be provided to all lot owners in
Waterway Cove.
6. The permittee is responsible for verifying that the proposed built -upon area for
the entire project and within each lot, including driveways and sidewalks, does
not exceed the maximum allowable built -upon area. Once the lot transfer is
complete, the built -upon area may not be revised without approval from the
Division of Water Quality. Both the permittee and the individual property owner
are responsible for maintaining compliance with the built -upon area limit and both
are subject to enforcement action and fines if the BUA is exceeded.
7. Individual lot built -upon areas will be recorded with the Brunswick County
Register of Deeds office per the requirements of the DPC. The following
statements shall be recorded with each deed:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 070544, as issued
by the Division of Water Quality under NCAC 2H.1000.
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 Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
Page 4 of 10

State Stormwater Management Systems
Permit No. SWEI 070544MOD
f. The maximum built -upon area per lot is [insert BUA limit] square feet. This
allotted amount includes any built -upon area constructed within the lot
property boundaries, and that portion of the right-of-way between the front
lot line and the edge of the pavement. Built upon area includes, but is not
limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina
and parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h.. All runoff from the built -upon areas on the lot must drain into the permitted
system. This may be accomplished through providing roof drain gutters
which drain to the street, grading the lot to drain toward the street, or
grading perimeter swales and directing them into the pond or street. Lots
that will naturally drain into the system are not required to provide these
measures.
i. Built -upon area in excess of the permitted amount will require a permit
modification.
8. 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.
9. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
10. The Director may determine that other revisions to the project should require a
modification to the permit.
11. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of the
built -upon surfaces for the second phase of the development, the high density
development. The first phase of the development consists of the construction of
a low density area containing a maximum of 4,758 square feet of impervious
area. The purpose of this low density area is for the construction of a temporary
sales trailer as well as the associated temporary parking, sidewalks, and access
road.
Page 5 of 10

State Stormwater Management Systems
Permit No. SW8 070544MOD
12. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately. Infiltration systems should not be used
as erosion control devices, due to the potential clogging. If the stormwater
system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to
occupancy of the facility.
13. 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.
14. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its 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 structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
15. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
16. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
17. The permittee shall cause the following data to be tracked and recorded, and
must submit a semiannual report to NCDENR, 127 Cardinal Drive Extension,
Wilmington NC 28405. The report is due on the 15t" day of the months of June
and December, for the life of the permit. The main point of contact in DENR to
submit the report to will be Ms. Georgette Scott. Each report must contain
columns in a spreadsheet format documenting the following information:
a. Record the drainage area number as described in the plans and
specifications of this permit.
b. Note the streetaddress, the specific lot number, and the section/phase of
the subdivision as shown on the approved plans as related to the drainage
area in item a.
c. Document the allowable built -upon -area (BUA) for each specific lot being
described. This allotted amount includes any built -upon area constructed
within the lot property boundaries, and that portion of the right-of-way
between the front lot line and the edge of the pavement.
d. Record the actual impervious surface constructed for each lot.
e. Demonstrate the difference (+/-) of the allowable built -upon -area versus
the actual impervious area constructed for each developed lot.
f. Note the lot owner's name. Make any necessary revisions to this item if
the property changes ownership for any reason.
Page 6 of 10

State Stormwater Management Systems
Permit No. SW8 070544MOD
g. After development of individual lots is complete, document that all
stormwater runoff on the lot drains into the permitted system.
h. At the end of the section of each drainage area illustrate: 1) the total
allowable built -upon -area (BUA) for the drainage area, 2) the road BUA
within the drainage area, 3) the sidewalk BUA within the drainage area, 4)
the total miscellaneous BUA within the drainage area, and 5) the total lot
BUA constructed to date within the drainage area.
i. The stormwater permit number SW8 070544 MOD will appear in the front
cover of the report.
j. The current president or vice president of the homeowners association will
sign and have notarized a statement that all data contained within the
report as submitted to NCDENR is true and accurate.
18. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
19. This permit shall become voidable unless the facilities are constructed in
accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data.
20. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
21. A copy of the recorded deed restrictions must be submitted to the Division along
with the semi-annual report. The recorded copy must contain all of the
statements above, the signature of the Permittee, the deed book number and
page, and the stamp/signature of the Register of Deeds.
22. The permittee shall audit the built -upon areas within the project every 6 months
to coincide with the semi-annual report submission.
III. GENERAL CONDITIONS
1: This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event there is either a desire for the facilities to
change ownership, or there is a name change of the Permittee, a completed and
signed "Name/Ownership Change Form" must be submitted to the Division of
Water Quality accompanied by the appropriate documentation as listed on the
form. The project must be in good standing with DWQ. The approval of this
request will be considered on its merits and may or may not be approved.
2. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
3. Neither the sale of the project area, nor transfer of ownership of the common
areas constitutes an approved transfer of the permit.
4. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
5. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
Page 7 of 10

State Stormwater Management Systems
Permit No. SW8 070544MOD
6. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
7. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
8. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
9. The permittee shall notify the Division in writing of any name, ownership or
mailing address changes at least 30 days prior to making such changes.
10. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
11. The permittee shall submit a permit renewal application at least 180 days prior to
the expiration date of this permit. The renewal application shall include the
appropriate application fee and documentation.
Permit issued this the 31 t day of March, 2010.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
IN
Division of Water Quality
By Authority of the Environmental Management Commission
Page 8 of 10

State Stormwater Management Systems
Permit No. SW8 070544MOD
Waterway Cove Page 1 of 2
Stormwater Permit No. SW8 070544MOD
Brunswick County
Designer's Certification
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (period icaiiy/weekly/full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 9 of 10

State Stormwater Management Systems
Permit No. SW8 070544MOD
Certification Requirements: Page 2 of 2
The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass' structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Brunswick County Building Inspections
Page 10 of 10

DWQ USE ONLY
Date Received
Fee Paid
Permit Number
41�5
Applicable Rules: Coastal SW —❑ Coastal SW — 2008 ❑ Ph Il - Post Construction
(select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan
❑ Other WQ M t Plan:
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans
specifications, letters, operation and maintenance agreements, etc.):
Waterwav Cove
2. Location of Project (street address):
1611 Waterway Drive SW
City:Ocean Isle Beach County:Brunswick Zip:28469
3. Directions to project (from nearest major intersection):
From the M=M ion of NC 172 (Beach Dr SW) & NC 904 aus way Dr), travel west ap -M Q 75-miles to the
intersection of Waterway Dr SW & NC 179/904 The prrWect is located at the SE Corner of this intersection
4. Latitude:30° 5V 03" N --- Longitude: ° 27' 01"YK - _ of the main entrance to the project.
II. PERMIT INFORMATION:
1. a. Specify whether project is (check one): ❑New OModification
b.If this application is being submitted as the result of a modification to an existing permit, list the existing
permit numberSWB 0705g44MOD ,its issue date (if laiown)Se tember 8 2009 and the status
of ConSlTL7ctiOn: ❑Not Started ®Partially Completed* ❑ ampleted* *provide a designers certi;G6itwn
2. Specify the type of project (check one):
❑Low Density ®High Density []Drains to an Offsite Stormwater System ❑Other
3. If this application is being submitted as the result of a previously returned application or a letter from DWQ
requesting a state stormwater management permit application, list the stormwater project number, if
assigned, N/A, and the previous name of the project, if different than Currently
proposed, N/A
4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
OCAMA Major ®Sedimentation/Erosion Control: 41.7 ac of Disturbed Area
❑NPDES Industrial Stormwater Z404/401 Permit: Proposed Impacts Varies by type - See Permit
b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number,
issue date and the type of each permit:.QAM— N-_Wgr - Permit No. 179-07 (issued 11 /04,/20Q9); 5&E - Project
ID: BRUNS-2008-031(issued 09/03/200 )• DW - Project No.07-179MOD (issue (l2QQ9); JUSSACE COE
Action ID SAW-2006-41576._
Fonn SWU-101 Version 07hily2009 Page 1 of 6
MAR 0 2 2010
BY: k ,k ccs5

III. CONTACT INFORMATION
1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who awns the project):
Applicant/Organization:Waterboro Village Management, LLC
Signing Official & Title:Mr. Stephen H. Clark - Manager
b. Contact information for person listed in item la above:
Street Address:1009 Slater Road-- Suite 400
City:Durham State:NC Zip:27703
Mailing Address (if applicable):1009 Slater Road - Suite 400
City:Durham State:NC Zip:27703
Phone: 919 ) 433-2973 Fax:
Email:[e-mail]
c. Please check the appropriate box. The applicant listed above is:
® The property owner (Skip to Contact Information, item 3a)
El Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and
2b below)
❑ Developer* (Complete Contact Information, item 2a and 2b below.)
2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization:
Signing Official &
b.Contact information for person listed in item 2a above:
Street Address:
City: State: Zip:
Mailing Address (if applicable):
City: State: Zip:
Phone: ( ) Fax: ( )
Email:
3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/Organization:Dail Development Company
Signing Official & Title:Mr. Hardy Dail - Owner
b.Contact information for person listed in item 3a above:
Mailing Address:1140 Kildaire Farm Rd.- Suite 308
City:Cary State:NC Zip:27511
Phone: (919 ) 650-3144 Fax: (919 ) 650-3041
Email:[e-mail]
Form SWU-101 Version 07July2009 Page 2 of 6

4. Local jurisdiction for building permits: Town of Ocean Isle Beach
Point of Contact:Justin W. Whiteside - Plannink Director
Phone #: (910 ) 579-3469 .
IV. PROJECT INFORMATION
1. In the space provided below, briefly summarize how the stormwater runoff will be treated.
The proposed stormwater system includes temporary storage of the required runoff volume within the
middle & lower onsite ex ponds. This volume is then pumped to off-line infiltration basins 2 total)
Runoff from the 10-yr event & below will be bypassed &treated via level spreaders/filter strips Storm
events larger than the 10-yr event will activate emergency spillways
2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
® Approval of a Site Specific Development Plan or PUD Approval Date: 03/13/2007
❑ Valid Building Permit Issued Date:
® Other: Town of OIB Letter Date: 04/22/2009
b. Identify the regulation(s) the ro'ect has been designed in accordance with:
® Coastal SW —1995 E P� II — Post Construction
3. Stormwater runoff from this project drains to the Lumber River basin.
4. Total Property Area: 49.72 acres
5. Total Coastal Wetlands Area: 0.93 acres
6. Total Surface Water Area: 2.03 (ex. pondslacres
7. Total Property Area (4) — Total Coastal Wetlands Area (5) — Total Surface Water Area (6) = Total Project Area':
46.76 acres
+ TotaI project area shall be calculated to exclude the fallowing: the normal pool of impounded structures, the area
between the banks of streams and rivers, the area below the Normal High Water (NHW) line or Mean High Water
(MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to
calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW or MHW) line may be
included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 47.8 %
9. How many drainage areas does the project have?2 (For high density, count 1 for each proposed engineered
stormwater BMP. For low density and other projects, use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each area
provided in the same format as below.
Basin Information
Drainage Area _
Drainage Area _
Drainage Area _
Drainage Area
Receiving Stream Name
See Attachment
A
See Attachment
A
See Attachment
A
_
See Attachment
A
Stream Class
Stream Index Number
Total Drainage Area (sf)
On -site Drainage Area (sf)
Off -site Drainage Area (sf)
Proposed Impervious Area** (sf)
Impervious Area** (total)
Impervious" Surface Area
I Drain -age Area_,
Drainage Area _
Drainage Area _
Drainage Area _
On -site Buildings/Lots (sf)
See Attachment
A
See Attachment
A
See Attachment
A
See Attachment
A
On -site Streets (sf)
On -site Parking (sf)
On -site Sidewalks (sf)
Other on -site (sf)
Future (sf)
Off -site (sf)
Existing BUA*** (sf)
Total (sf):
* Stream Class and Index Number can be determined at: http://`h2o.enr.state.nc.uslbimslre.portslrQ2ortsWB.html
Form SWU-101 Version 07July2009 Page 3 of 6

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Im envious area is defined as the built upon area including, but not limited to, buildings, roads; parking areas,
sidewealks, gravel areas, etc.
'Report only that•amount of existing BUA that will remain after development. -Do not report any -existing BUA that is.
to be removed and which will be replaced by new BUA.
11. How was the off -site impervious area listed above. determined? Provide documentation. GIS information
obtained from Brunswick County
Proiects in Union Nunty: Contact DW Central Office staff to check if the project is located within a Threatened &
Endangered Species watershed that may be subject to more stringent stormwater requirements asper NCAC 02B .0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
fromhtty://h2o.enr.state.nc.us/su/bmp forms.htm.
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. A detailed application instruction sheet and BMP
checklists are available from h4://h2o.enr.state.nc.us/su/bmp forms.htm. The complete application package
should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project
on the interactive online map athttl2://h2o.enr.state.nc.us/su/msi maps.htm.)
Please indicate that the following required information have been provided by initialing in the space provided for
each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for
each submitted application package from http://h2o.enr.state.nc.us/su/bmp forms.htm.
1. Original and one copy of the Stormwater Management Permit Application Form.
2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants
Form. (if required as per Part. VII below)
3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M
agreement(s) for each BMP.
4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to
http://www.envhelp.org/pages/onesWexpress.html for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
5. A detailed narrative (one to two pages) describing the stormwater treatment/management for
the project. This is required in addition to the brief summary provided in the Project
Information, item 1.
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the
receiving stream drains to class SA waters within 1h mile of the site boundary, include the.1h
mile radius on the map.
7. Sealed, signed and dated calculations.
8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including:
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
f. Scale.
g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal
waters, and any coastal wetlands landward of the MHW or NHW lines.
e Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters.
i. Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BIJA identified and dimensioned.
k. Existing contours, proposed contours, spot elevations, finished floor elevations.
1. Details of roads, drainage features, collection systems, and stormwater control measures.
Initials
"IF
BeF
8¢C
6GIF
6"
6"
6QF
eev:
Form SWU-101 Version 07July2009 Page 4 of 6

m. Wetlands delineated; or a n6te on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of.qualifications and identify the person who
made the determination on the plans.
n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of.plans, not as.a separate document).
p. Vegetated buffers (where required).
9, Copy of any applicable soils report with the associated SHWT elevations (Please identify . :89f
elevations in addition to depths) as well as a map'of the boring locations with the existing
elevations and boring logs. Include an 8.5"x11" copy of -the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs, the report should also
include the soil type, expected infiltration rate, and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO: Schedule d site visit for DWQ to verify the SHWT prior
to submittal, [phone].)
10. A copy of the most current property deed. Deed book: 2561 Page No: 0556 1612*
11. For corporations and limited liability corporations (LLC): Provide documentation from the NC 6121:
Secretary of State or other official documentation, which supports the titles and positions held
by the persons listed in Contact Information, item 1a, 2a, and/or 3a per NCAC 2H.1003(e). The
corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned.
htt ://www secretary state nc us/Corporations/CSearch aspx
VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided
as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and
protective covenants forms can be downloaded from
http://h2o.enr.state.nc.us/su/bml2 forms.htm#deed restrictions. Download the latest versions for each submittal.
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed
on the forms available on the website, that the covenants will be binding on all parties and persons claiming
under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the NC DWQ and that they will be recorded prior to the sale of any lot.
VIII. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting Engineer:Brandon R. Finch
Consulting Firm: The John R. McAdams Company, Inc.
Mailing Address:PO Box 14005
City:Research Triangle Park State:NC Zip:27709
Phone: (919 ) 361-5000
Email:[e-mail]
Fax: (919 ) 361-2269
IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this
section)
I, (print or type name of person listed in Contact Information, item 2a) certify that I
own the property identified in this permit application, and thus give permission to (print or type name of person
listed in Contact Information, item 1a) with (print or type name of organization listed in
Contact Information, item IN to develop the project as currently proposed. A copy of
the lease agreement or pending property sales contract has been provided with the submittaf, which indicates the
party responsible for the operation and maintenance of the stormwater system.
Form SWU-101 Version 07July2009 Page 5 of 6

As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated
agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their
lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to
me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a
completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment
facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid
permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including
the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature:
a Notary Public for the State of
do hereby certify that
Date:
-County of
personally appeared
before me this _ day of and acknowledge the due execution of the application for a
stormwater permit. Witness my hand and official seal,
SEAL
My commission expires
X. APPLICANT'S CERTIFICATION
1, (print or type name of person listed in Contact Information, item 2) Stephen I -I. Clark
certify that the information included on this permit application for is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective cove its 1 be re orded, d that the proposed project complies with the requirements of the
applicable story ru s nd 15A N C 2H .1000, SL 200b-24(i (Ph. II -Post Construction) or SL 2008-211.
Signature: V\ Date:3C) fN� Z&ry
1,54"efv' -T • 9,e;^1-0� a Notary Public for the State of V1--%aV'b- CC-Mb Countyof
l-a.0 do hereby certify that 5i!�e6n h- C- Y= personally appeared
before me this ae'day of 1'I'Lc+.rt.l-- ao 10. and a nowledge ie d e exe xt' of the application for a
stormwater permit. Witness my hand and official seal,
STEVIE�N II REINHARD
PUBLIC
WAKE COUNTY
STATE OF NORTH CAROLINA
MY COMMISSION EXPIRES 5.22.201
SEAL
My commission expires S - 2-Z - Z.o ► 2.
I MAR 3 1 2010
L13Y:___.__._
i`orm SWU-101 Vorsion OVuly2009 Page 6 of 6

Waterway Cove
Stormwater Permit No. SW8 070544MOD
Brunswick Count
Designer's Certification
State Stor water Management Systems
Permit No. SW8 070544MOD
Page 1 of 2
f�
1, &A-JV0J e. FiNca , as a duly registered_ PaoPFfi t%b4AL &J6W§!&6t in
the State of North Carolina, having been. authorized to observe 4eriodicall weekly/full
time) the construction of the project,
bIE'. 94-4 W ASE. lA %J-% 1
rAEP AT IMIE 'VA
(Project) tnle-wnF.I� IIDK PE1mN+T%E0 sT0zr4w .Iz P(APJA6EMIe&rr
for 1%*V6eG060 wu.A6E1►dA.ra6EHFaJT UL C. (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
W 41t"
A 4' 6A'q'' vAL-iE- WOtS AOM V of eot11 nK M0%,2,M Aop SWTA 5
10am"Tea Fol2c'e MA.•1 Tp
KEEP 'M& Pt A4P eeo%4 O'%vfeVL OUT oa THE SKSt1EM C.U2uft ? Paa►.roE �}E AE1�� ri 7o Ap�ST �{E
FLut,J AT 'ME SKSIEN Qq&" 1ICW3 pt,�,J i
Signature
Registration Number
Date
SEAL.
S
OCT 08 2010
Page 9 of 10

State Stormwater Management Systems
Permit No. SW8 070544MOD
Certification Requirements: Page 2 of 2
S%K 1,
The drainage area to the system contains approximately the permitted
acreage.
PQF _ _2.
The drainage area to the system contains no more than the permitted
PL fimf. Nam &J"
PAS to spy W,F,J
amount of built -upon area.
4av� 3.
All the built -upon area associated with the project is graded such that the
TvAs cs4mF(cA`0
runoff drains to the system.
62F 4.
All roof drains are located such that the runoff is directed into the system.
sieF 5.
The outlet/bypass structure elevations are per the approved plan.
gag: 6.
The outlet structure is located per the approved plans.
Vic 7.
Trash rack is provided on the outlet/bypass structure.
_G 8.
__
All slopes are grassed with permanent vegetation.
she se M"%IkTce,eo roa rs"AWASMAGAA
_i¢F 9.
Vegetated slopes are no steeper than 3:1.
(5" 10.
The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11.
The permitted amounts of surface area and/or volume have been
-
provided.
�Q.Nt►JAi'�2 WM1�h
t3¢� 12.
Required drawdown devices are correctly sized per the approved plans.
9" 13.
All required design depths are provided.
oaf 14.
All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
W 15. The required dimensions of the system are provided, per the approved
plan.
CC'. NOD- ENR-DWQ Regional Office
Brunswick County Building Inspections
�RECEIVJED
08 2010
IBX:_- _ I
Page 10 of 10

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State of North Carolina
Department of Environment and Naturaf Resourm
Wilmington Regional Office
$evenly Fem Perdu, Governor FAX COVER SHE T • Dee Freem n, Secretary
Dale: : �� No. Pages (excl. cover):
To: 4 o.J Y ! t From: Jo Casmer
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FaX:
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Phone: [phone]
Fax: (910Z350-200�
127 CwdhW-Drive Bx"61011, Wilmington, NC 2W5 a (910) 796r7215 s An Equal Qppwtuuity Aiim*ive Action Employer

T E JOHN K McADAMS COMPANY, INC.
LETTER OF TRANSMITTAL
To: Ms. Christine Nelson Date: March 30, 2010
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405 ** FEDERAL EXPRESS **
[phone]
Re: Waterway Cove Job No.: WVM-08000
I am sending you the following item(s):
COPIES
DATE
NO.
DESCRIPTION
2
State Stormwater Permit Applications (original & co
These are transmitted as checked below:
❑ As requested ® For your use
® For approval ❑
1—I
Copy to:
Signed:
Brandon R. Finch, PE
Sr. Stormwater Project Manager
FOR INTERNAL USE ONLY
❑ Copy Letter of Transmittal Only to File
® Copy Entire Document to File
CIVIL ENGINEERING LAND PLANNING • SURVEYING
PO Box 14005 • Research Triangle Park, NC 27709 • [phone] • fax [phone]
www.johnrmcadams.com

THE JOHN K McADAMS COMPANY, INC.
LETTER OF TRANSMITTAL
To: Ms. Christine Nelson Date:
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
[phone]
Re: Waterway Cove Job No.
I am sending you the following item(s):
March 29, 2010
** FEDERAL EXPRESS **
WVM-08000
COPIES
DATE
NO.
DESCRIPTION
2
revised amenity sheets C-2 and C-3
These are transmitted as checked below:
❑ As requested ® For your use
® For approval ❑
❑ For review and comment ❑
Remarks:
Copy to: Signed:
Brandon R. Finch, PE
Sr. Stormwater Project Manager
FOR INTERNAL USE ONLY �-
® Copy Letter of Transmittal Only to File
❑ Copy Entire Document to File MAR 3 0 2010
CIVIL ENGINEERING • LAND PLANNING • SURVEYING- S Ot
PO Box 14006 • Research Triangle Park, NC 27709 • [phone] • fax [phone]
www.johnrmcadams.00m

AL
HCDEHR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 29, 2010
Mr. Stephen H. Clark, Manager
Waterboro Village Management, LLC
1009 Slater Rd, Suite 400
Durham, NC 27703
Subject: Request for Additional Information
Stormwater Project No. SW8 070544 MOD
Waterway Cove
Brunswick County
Dear Mr. Clark:
The Wilmington Regional Office received an Express Stormwater Management Permit
Application for Waterway Cove on March 2, 2010 with additional information received
on March 19, 2010 and March 29, 2010. A preliminary review of that information has
determined that the application is not complete. The following information is needed to
continue the stormwater review:
1. The water generated from the outdoor shower cannot drain to the
stormwater system. Instead, the water from the .outdoor shower must drain
to the sanitary sewer system. Please remove this connection to the
stormwater system from plan sheet C-2.
2. The following comment was overlooked during the first review: Please
complete, sign and notarize Section X of the application. Instead of Section
X, Section IX of the application has been signed and notarized. Section IX
is intended to be completed for projects being developed someone other
than the land owner.
3. Due to the minor nature of these comments, the express Addlnfo fee has
been waived for this request for additional information.
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received in this Office prior to April 5,
2010, or the application will be returned as incomplete. The return of a project will
necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please email or fax your request
for a time extension to the Division at the address and fax number at the bottom of this
letter. Please note that a second significant request for additional information may result
in the return of the project. If the project is returned, you will need to reschedule the
project through the Express coordinator for the next available review date, and resubmit
all of the required items, including the application fee.
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143-215.6A.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748 N6fthCarohna
Internet: www.ncwaterqualRy.org iahou!!y
An Equal Opportunity 1 Affirmative Action Employer

Stephen Clark
March 29, 2010
Stormwater Application No. SW8 070544 MOD
Please label all packages and cover letters as "Express" and reference the project
name and State assigned project number on all correspondence. If you have any
questions concerning this matter please feel free to call me at [phone] or email
me at [e-mail].
Sincerely,
Christine Nelson
Environmental Engineer
GDS/can: S:IWQSISTORMWATERIADDINF0120101070544MOD.mar10 2
cc: Hardy Dail, Dail Development Company
Brandon R. Finch, The John R. McAdams Company, Inc.
Christine Nelson
Wilmington Regional Office
Page 2 of 2

Nelson, Christine
From: Nelson, Christine
Sent: Monday, March 29, 2010 3:11 PM
To: [e-mail]'; '[e-mail]'; 'Finch, Brandon'
Cc: Russell, Janet
Subject: 2nd request for additional info: Mod to.SW8 070544 - Waterway Cove
Attachments: 070544MOD marl 2.Of
Gentlemen,
I have attached the 2"d request for additional information for the modification to Stormwater Project SW8 070544 —
Waterway Cove. The original and..ggp e: s_will..also-be-sent in mail` Also please keep in mind that Friday is a NC state
holiday and I will be out of the office. Let me know if you have questions.
Thanks,
Christine
Christine Nelson
Environmental Engineer
NC DWQ - Stormwater Program
Wilmington Regional Office
910-796-7323
E-mail correspondence to and from this address may be subject to the North
Carolina Public Records Law and may be disclosed to third parties.

�- TIE JOHN R McADAMS COMPANY, INC.
LETTER OF TRANSMITTAL
To: Ms. Christine Nelson
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
[phone]
Re: Waterway Cove
I am sending you the following item(s):
Date: March 26. 2010
** FEDERAL EXPRESS **
Job No.: WVM-08000
COPIES
DATE
NO.
DESCRIPTION
2
Amenity Center Plans without utility plans)
1
Updated Attachment A
These are transmitted as checked below:
❑ As requested ® For your use
® For approval ❑
❑ For review and comment ❑
Remarks:
Copy to: Signed:
randon R. Finch, PE
r. ager
FOR INTERNAL USE ONLY
® Copy Letter of Transmittal Only to File
❑ Copy Entire Document to File
79MA 2010
CIVIL ENGINEERING • LAND PLANNING SURVEYING:CS�
PO Box 14005 • Research Triangle Park, NC 27709 • [phone] • fax [phone]
www.johnrmcadams.com

TIE JOHN R McADAMS COMPANY, INC.
LETTER OF TRANSMITTAL
To: Ms. Christine Nelson
Date: March 18, 2010
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405 FEDERAL EXPRESS'
[phone]
Re: Waterway Cove Job No.: WVM-08000
I am sending you the following item(s):
COPIES
DATE
NO.
DESCRIPTION
2
Revised sheets C-2, P-14, and post DA maps
2
Revised I13#1 supplements
2
Revised Attachment A
These are transmitted as checked below:
❑ As requested
® For approval
❑ For review and comment
Remarks:
Copy to:
® For your use
n
n
Signed:
FOR INTERNAL USE ONLY
❑ Copy Letter of Transmittal Only to File
® Copy Entire Document to File
� - ezz; i;; 0 P
randon R. Finch, PE
Sr. Stormwater Project Manager
MAR i 9 2010
BY: E ce ss ^ �.•Ml
CIVIL ENGINEERING • LAND PLANNING • SURVEYING
PO Box 14005 • Research Tdangle Park, NC 27709 • [phone] • fax [phone]
www.johnrmcadams.com

EcoEngineering
A division of The John R. McAdams Company, Inc.
March 18, 2010
Christine Nelson
NCDENR
Division of Water Quality:
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Re: Response to Request for Additional Information
Waterway Cove
Stormwater Project No. SW8 070544 MOD
MIH-09000
Dear Ms. Nelson:
Below please find our comments regarding your request for information for the
above referenced project.
1. Please update Attachment A to reflect the changes to the table shown in
Section IV.10 of the application. For instance, please distinguish in
Attachment A between the onside drainage area and the off -site drainage area.
Response: Per your request, please find enclosed a revised Attachment A.
2. Please include the drainage area for infiltration basin #2 on the post -
development drainage area map.
Response: As requested, the drainage areas to the infiltration basins have
been added to the post -development drainage map. Two copies are enclosed
for your review/records.
3. Please update plan sheets C-2 and P-14 to reflect the proposed re -location of
infiltration basin # 1.
Response: Two copies of updated sheet C-2 and P-14 are enclosed for your
review /records.
4. Please verify the detail of the force main line for infiltration basin # 2 on plan
P-14. It appears that the force main line extends into the basin, creating a fifth
inlet. Was this change intended?
Response: This was not an intended change and was an oversight in the
Research Triangle Park, NC previous submittal. The updated P-14 sheet contains this correction.
Post Office Box 14005
Research Triangle Park, Please complete lete a new infiltration basin supplement based on the new design
North Carolina 27709 p pp
2905 Meridian Parkway of infiltration basin #1. The revised supplement provided was not fully
Durham, North Carolina 27713
800-733-5646 y a
919-287-4262 RE CTr;U1.221dl l
919-361-2269 Fax
MAR 1 9 2010
www.ecoengr.com Design Services Focused On Client Success
BY:

.[JEcoEngineering
A division of The John R. McAdams Company, Inc.
Ms. Christine Nelson
March 18, 2010
Ballentine — 3`d Review Response to Comments
Page 2
updated. For instance, the volume provided in the basin is still listed as the
old volume.
Response: Per your request, a revised supplement (1 original and 1 copy)
has been enclosed.
6. In the notes of the volume provided, it is identified that 5,680 cf of storage is
provided in the basin at an elevation of 31 ft. However, under the Basin
Design Parameters section of the supplement, the storage elevation is listed as
30 with a storage surface area equal to the bottom surface area. Please ensure
information is presented accurately and consistently.
Response: This information has been appropriately edited on the revised
infiltration basin supplement.
7. Under the Additional Information section of the supplement, please complete
the maximum runoff to each inlet.
Response: This information has been appropriately edited on the revised
infiltration basin supplement.
8. Due to the minor nature of these comments, the express AddInfo fee has been
waived for this request for additional information.
Response: Thank You.
9. Please keep in mind that changing one number may change other numbers and
require the calculations, supplements, and other supporting documentation to
be updated. Verify all numbers are correct to ensure consistency in the
application documents.
Response: Noted
If you have any other questions or concerns, please do not hesitate to contact me.
Thank you.
Sincerely,
EcoEngineering
A division of The John R. McAdams Company, Inc.
;?C, e r--e
Brandon R. Finch, PE
Senior Project Manager
WVM-08000

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 16, 2010
Mr. Stephen H. Clark, Manager
Waterboro Village Management, LLC
1009 Slater Rd, Suite 400
Durham, NC 27703
Subject: Request for Additional Information
Stormwater Project No. SW8 070544 MOD
Waterway Cove
Brunswick County
Dear Mr. Clark:
The Wilmington Regional Office received an Express Stormwater Management Permit
Application for Waterway Cove on March 2, 2010. A preliminary review of that
information has determined that the application is not complete. The following
information is needed to continue the stormwater review:
1. Please update Attachment A to reflect the changes to the table shown in
Section IV.10 of the application. For instance, please distinguish in
Attachment A between the onside drainage area and the off -site drainage
area.
2. Please include the drainage area for infiltration basin #2 on the post -
development drainage area map.
3. Please update plan sheets C-2 and P-14 to reflect the proposed re -location
of infiltration basin # 1.
4. Please verify the detail of the force main line for infiltration basin # 2 on plan
P-14. It appears that the force main line extends into the basin, creating a
fifth inlet. Was this change intended?
5. Please complete a new infiltration basin supplement based on the new
design of infiltration basin #1. The revised supplement provided was not
fully updated. For instance, the volume provided in the basin is still listed as
the old volume.
6. In the notes of the volume provided, it is identified that 5,680 cf of storage is
provided in the basin at an elevation of 31 ft. However, under the Basin
Design Parameters section of the supplement, the storage elevation is listed
as 30 with a storage surface area equal to the bottom surface area. Please
ensure information is presented accurately and consistently.
7. Under the Additional Information section of the supplement, please
complete the maximum runoff to each inlet.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service:1-877-623.6748 N rthCarolina
Internet: www.newaterqually.org Aaturally .
An Equal Opportunity 1 Affirmative Action Employer

Stephen Clark
March 16, 2010
Stormwater Application No. SW8 070544 MOD
8. Due to the minor nature of these comments, the express Addlnfo fee has
been waived for this request for additional information.
9. Please keep in mind that changing one number may change other numbers
and require the calculations, supplements, and other supporting
documentation to be updated. Verify all numbers are correct to ensure
consistency in the application documents.
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received in this Office prior to March 23,
2010, or the application will be returned as incomplete. The return of a project will
necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please email or fax your request
for a time extension to the Division at the address and fax number at the bottom of this
letter. Please note that a second significant request for additional information may result
in the return of the project. If the project is returned, you will need to reschedule the
project through the Express coordinator for the next available review date, and resubmit
all of the required items, including the application fee.
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143-215.6A.
Please label all packages and cover letters as "Express" and reference the project
name and State assigned project number on all correspondence. If you have any
questions concerning this matter please feel free to call me at [phone] or email
me at [e-mail].
Sincerely,
Christine Nelson
Environmental Engineer
GDS/can: S:IWQSISTORMWATERIADDINFO120101070544MOD.mar10
cc: Hardy Dail, Dail Development Company
Brandon R. Finch, The John R. McAdams Company, Inc.
Christine Nelson
Wilmington Regional Office
Page 2 of 2

Nelson, Christine
From: Nelson, Christine
Sent: Tuesday, March 16, 2010 10:13 AM
To: '[e-mail]; '[e-mail]; 'Finch, Brandon'
Cc: Russell, Janet
Subject: request for additional into: Mod to SW3 070544 -• Watei wa_v Cave
Attachments: 070544MOD mar10.pdf
Gentlemen,
I have attached a pdf of the .request for additional information for the modification to Stormwater Project SW8 070544 —
Waterway Cove. The original and copies will also be sent iil mail. Please let me know if you have questions.
Thanks,
Christine
Christine Nelson
Environmental Engineer
NC DWQ - Stormwater Program
Wilmington Regional Office
910-796-7323
E-mail correspondence to and from this address may be subject to the North
Carolina Public Records Law and may be disclosed to third parties.

TIC JOHN R. McADAMS COMPANY, INC.
LETTER OF TRANSMITTAL
To: Ms. Janet Russell Date: March 1, 2010
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405 "* FEDERAL EXPRESS **
[phone]
Re: Waterway Cove Job No.: WVM-08000
I am sending you the following item(s):
COPIES
DATE
NO.
DESCRIPTION
1
Drainage Area Maps 1 original & 1 co
These are transmitted as checked below:
® As requested
® For approval
❑ For review and comment
Remarks:
® For your use
Copy to: Signed:
Brandon R. Fint;h, PE
Sr. Stormwater Project Manager
FOR INTERNAL USE ONLY - —o�
❑ Copy Letter of Transmittal Only to File
® Copy Entire Document to File MAR 0 2 2010
CIVIL ENGINEERING • LAND PLANNING • SURVEYI
PO Box 14005 • Research Triangle Park, NC 27709 a [phone] • fax [phone]
www.johnrmcadams.com

'i r'?s.'11i r, 79
THE JOHN R. McADAMS COMPANY, INC.
February 15, 2010
Ms. Linda Lewis
Environmental Engineer
North Carolina Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
RECEIVED
MAR 0 2 2010
BY:
RE: Waterway Cove
State Stormwater Management Permit — Revision #1
Permit No. SW8 070544MOD
WVM-08000
Dear Ms. Lewis:
The purpose of this letter is to help clarify the proposed changes at Waterway
Cove, with the hope it will help to aid in further review. The following
changes (which we have previously corresponded via email) are proposed as
part of this submittal:
■ Re -location of Infiltration Basin #1 — This revision consists of
shifting the previously permitted infiltration basin to the northeast, but
within close proximity to the prior location. As discussed, additional
soil borings are not needed as part of this submittal.
■ Construction of a Temporary Sales Trailer — This revision deals
Research Triangle Park, NC with Condition #10 of the current permit (dated September 8, 2009)
Post Office Box 14005 and the our request to install a temporary sales trailer, along with
Research Triangle Park, associated parking area, sidewalks, and access road. Per Condition
North Carolina 27709 #10, the entire stormwater system shall be constructed and operational
2905 Meridian Parkway
Durham, North Carolina 27713 prior to the construction of nv built upon area. It is our intent to build
8OO-733-5646 the temporary sales trailer area prior to completion of construction of
919-361-5000 the permitted stormwater system. Therefore, we are requesting a
919-361-2269 Fax "temporary, low -density" phase for the sales trailer area.
Charlotte, NC There has also been a minor change to the approved plan set to correct an
6701 Carmel Road invert error. While there are changes associated with other aspects of the plan
Suite 205 set that have been made since the DWQ approval (i.e. water / sewer changes,
Charlotte, North Carolina 28226 pump station changes, etc.), the following is the minor change made to the
704-527-0800 -733-5646 gy
80stormwater management system:
704-527-2003 Fax
Sheet DR-2 — The invert elevations previously shown for the
emergency drain system were incorrect (previously listed as 12.4 and
Wilmington, NC 12.0) and would not allow the pond to drain. These have been edited to
3904 Oleander Drive 9.4 and 9.0.
Suite 200
Wilmington, North Carolina 28403
800-733-5646
910-799-8181
910-799-8171 Fax
www.johnrmcadams.com i Design Services Focused On Client Success

THE JOHN R. WADAMS COMPANY, INC.
Ms. Linda Lewis
WVM-08000
February 15, 2010
Page 2
In support of this request, the following items are included within this
submittal package:
■ Annotated State Stormwater Management Permit — The current
permit has been annotated to show the required changes associated
with the relocation of Infiltration Basin #1. There were also a few
minor, "house -keeping" edits (e.g. breakdown of the approved
drainage areas) that were annotated such that the new permit would
match the approved calculations. Please note no changes to the
permitted impervious area or drainage area are proposed as part of this
submittal.
■ Annotated Infiltration Basin Supplement - The approved infiltration
basin supplement has been annotated to show the required changes
associated with the relocation of Infiltration Basin #1.
■ Revised Calculation Book (dated January 25, 2010)
■ Revised Plan Set (2 sets total) — The overall plan set showing the
changes associated with the infiltration basin has been included, along
with a layout / grading plan for the temporary sales trailer area.
■ Updated Pump Design Calculations for Infiltration Basin #1
■ DWQ review fee of $4,000 for a permit modification
Hopefully the above letter and enclosed information helps to aid in further
review of this project. If you should you have any questions or need any
additional information, please feel free to contact me at (919)-361-5000.
Sincerely,
THE JOHN R. McADAMS COMPANY, INC.
oceoe- xf
Brandon R. Finch, PE
Sr. Project Manager
('RECEIVED
MAR 0 2 2010
By:

WATERWAY COVE
DECLARATION OF PROTECTIVE COVENANTS,
RESTRICTIONS, EASEMENTS, CHARGES, AND LIENS FOR
WATERWAY COVE
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF
POLITICAL SIGNS. SEE ARTICLE II, SECTION 6.
Prepared by and return after recordirxg to:
Steven 1. Reinhard, Esq.
1009 SIater Road, Suite 400
Durham, NC 27703
A
MAR 022010

DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS,
CHARGES AND LIENS FOR WATERWAY COVE
THIS DECLARATION is made by WA T ERBORO VILLAGE MANAGEMENT, LLC:, a
North Carolina limited liability company ("Waterboro") and consented to by BANK OF AMERICA,
N.A., a national banking association.
WITNESSETH:
WHEREAS, Waterboro is the owner of the real property more particularly described below and
desires to develop thereon a residential subdivision commonly referred to Waterway Cove; and
WHEREAS, Declarant (as hereinafter defined), in its discretion, may (but is not required to)
incorporate any additional real property as additional phases of the Subdivision and make the same
subject to this Declaration in accordance herewith; and
WHEREAS, Waterboro desires to establish the covenants, restrictions, easements, charges and
liens contained in this Declaration for the purpose of insuring a uniform scheme of development for all of
the Subdivision, for the preservation of the values and amenities in the Subdivision and for the
maintenance of common areas and facilities, if any, and to this end, desires to subject the real property
described in Exhibit A attached hereto and any additions that may be subsequently annexed to the scheme
of development as provided herein to the covenants, restrictions, easements, charges and liens hereinafter
set forth, each and all of which is and are for the benefit of the Subdivision (and the Lots and Common
Area located within) and each Owner thereof; and
WHEREAS, Waterboro has deemed it desirable, pursuant to the Declaration and for the efficient
preservation of the values and amenities in the Subdivision, to create an association to which will be
delegated and assigned the powers of maintaining and administering the Subdivision, promulgating rules
and regulations for the usage of Common Areas in accordance with this Declaration, administering and
enforcing the covenants and restrictions and levying, collecting and disbursing the Assessments and
charges hereinafter created; and
WHEREAS, Waterboro has caused to be incorporated under the laws of the state of North
Carolina, a non-profit corporation known as Waterway Cove Homeowners Association, Inc. for the
purpose of exercising the aforesaid functions.
NOW THEREFORE, Waterboro declares that the real property described in Exhibit A attached
hereto and forming a part hereof, is and shall be held, transferred, sold, conveyed and occupied subject to
the North Carolina Planned Community Act (codified in Chapter 47F of the North Carolina General
Statues) and to the covenants, restrictions, easements, charges and liens hereinafter set forth, which
covenants, restrictions, easements, charges and liens shall run with the land and be binding upon
Declarant and all successors in title thereto and shall insure to the benefit of Declarant and each Owner.
ARTICLE I
Definitions
Section 1. The following words when used in this Declaration or any Supplemental Declaration
(unless the context prohibits) have the following meanings:
R
Waterway Cove Declaration of.
Covenants
MAR 0 2 2010 gage 1
py. �4

(a) "Act" means The North Carolina Planned Community Act, Chapter 47F of the
North Carolina General Statutes, as the same may be amended, or such successor or replacement
act.
(b) "Additional Property" means the additional lands that Declarant, in its discretion,
may incorporate or annex as additional phases of the Subdivision and bring same under and
subject to this Declaration.
(c) "ABC' means the Architectural Review Committee established under Article IV
hereof.
(d) "Architectural Review Guidelines" means the architectural guidelines
promulgated from time to time by the ARC pursuant to Article W, Section 2.
(e) "Assessment" means one or more of the annual assessments, special assessments
and/or Individual Assessments as established and provided for in Article VIII.
(f) "Association" means Waterway Cove Homeowners Association, Inc., its
successors and assigns, a North Carolina nonprofit corporation.
(g) "Board of Directors" means the board of directors of the Association.
(h) "Buffer Area" means an area identified as a "Buffer Area" (or words of similar
import) on any recorded plat of the Subdivision.
(i) "Common Area" means (i) all common area and those areas of land, including
the facilities or improvements to be constructed thereon, if any, specifically designated as
"Common Area" on any map or plat of the Subdivision recorded by Declarant or the Association
with the Brunswick County Register of Deeds or by any other means so designated by Declarant
or the Association; and (ii) private water and sewer lines located outside public street rights -of -
way.
0) "Common Expenses" mean expenditures made by or financial liabilities of the
Association, together with any allocations to reserves, and includes, but is not limited to,
(i) expenses for maintenance, repair and replacement of the private roads,
streets and alleys of the Subdivision, of the landscaping of the Common Areas and those
portions of the Lots for which the Association is responsible;
(ii) expenses of administration, maintenance, repair and replacement of the
Common Areas and all improvements thereon, including, but not limited to, that relating
to signage, lighting, irrigation, landscaping;
(iii) expenses declared to be common expenses by the provisions of this
Declaration, the bylaws of the Association or the North Carolina Planned Community
Act;
(iv) hazard, liability or such other insurance premiums and surety or other
bonds as the Declaration may require or permit the Association to purchase;
Waterway Cove Declaration of Protective Covenants Page 2

(v) ad valorem taxes and public assessment charges lawfully levied against
the Common Areas;
(vi) expenses of maintaining private drainage and utility easements and
facilities located within the Subdivision which the Declaration requires the .Association to
maintain;
(vii) charges for utilities used in connection with the maintenance and use of
the Common Areas;
(viii) expenses for maintenance, repair and replacement of all signage located
on Common Areas;
(ix) expenses for the maintenance of all easements and landscaping and
improvements thereon conveyed to the Association or for which the Declaration requires
the Association to maintain;
(x) expenses for the maintenance, repair and replacement of all water
retention ponds, lakes and other bodies of water within the Common Areas and
compliance with storm water management requirements and
(xi) any other expenses determined by the Board of Directors or approved by
the Members to be common expenses of the Association.
(k) "Declarant" means Waterboro Village Management, LLC, a North Carolina
limited liability company, and those persons or entities that succeed to Waterboro Village
Management, LLC as the developer of the Subdivision or any portion thereof and to which is
assigned some or all of the rights reserved to or retained by Declarant hereunder by a written
instrument recorded in the office of the Brunswick County Register of Deeds.
(1) "Declaration" means this Declaration of Protective Covenants, Restrictions,
Easements, Charges and Liens for Waterway Cove, as it may be amended from time to time.
(m) "Dwelling" means a single family dwelling or structure located upon a Lot.
(n) "Governing Documents" means collectively, the Declaration., the articles of
incorporation of the Association, the bylaws of the Association, the Architectural Review
Guidelines and the Rules and Regulations, if any.
(o) "Improvement' means a building, Dwelling, outbuilding, storage shed, roofed
structure, plantings of trees, shrubs, hedges and other plants, landscaping, parking area, loading
area, fence, wall, deck, trellis, gazebo, boathouse, pole, driveway, swimming pool, bulkhead, or
any other structure, item or thing generally considered a real property improvement.
(p) "Individual Assessment' means an Assessment asserted or assessed against a Lot
pursuant to Article VIII, Section 6.
N) "Lot' means any separately numbered ioi or plot of land intended for residentiai
use, with delineated boundary lines appearing on any subdivision map of the Subdivision
recorded with the Brunswick County Register of Deeds, but excluding any Common Area shown
on any such recorded plat of the Subdivision; provided should any Lot increase in size by
subdivision or combination, the same shall nevertheless be and remain a Lot for the purposes of
Waterway Cove Declaration of Protective Covenants Page 3

this Declaration; provided, further however this definition shall not imply, however, that a Lot
may be subdivided if prohibited elsewhere in this Declaration.
(r) "Member" means an Owner who is a member of the Association as provided in
Article VI hereof.
(s) "Owner" means the record owner, whether one or more persons or entities, of the
fee simple title to any Lot from time to time, but excludes any mortgagee or beneficiary of a deed
of trust or subsequent holder of a mortgage or beneficial owner of a deed of trust unless and until
such mortgagee or holder has acquired fee title pursuant to foreclosure or any proceedings in lieu
of foreclosure.
(t) "Plans and Specifications" has the meaning set forth in Article IV, Section 1.
(u) "Rules and Regulations" means, subject to the provisions of this Declaration and
the bylaws of the Association, the rules and regulations as adopted or enacted from time to time
by the Board of Directors to govern the use of the Common Areas, the regulation, placement and
display of signage on Lots and the other procedures and policies of the Association in order to
carry out the powers conferred upon the Association.
(v) "Setback" means an area along the boundary of a Lot where no building or other
structures including, without limitation, swimming pools, fences, patios or decks shall be
permitted except to the extent of a variance or waiver thereof granted by the ARC pursuant to this
Declaration.
(w) "Subdivision" means all property (including Lots and Common Areas as are
subject to this Declaration) which is described in Exhibit A together with any additional lands or
phases that may be developed and specifically submitted to the provisions of this Declaration
pursuant hereto.
(x) "Supplemental Declaration" means an amendment to this Declaration which
annexes property to be subject to this Declaration under Article XI.
(y) "Turnover Date" has the meaning set forth in Article VI, Section 4.
ARTICLE II
Uses of Lots and Common Area
Section 1. Conformity and Approval of Improvements. No Improvement shall be placed,
prosecuted, altered or modified on any Lot except in accordance with the provisions of this Declaration.
Section 2. Subdivision or Reconfiguration of Lot. No Lot shall be further subdivided or its
boundary lines altered except as hereinafter provided. Amer the creation of a Lot by Declarant's
recordation of a plat with the Brunswick County Registry, a Lot or Lots may only be further subdivided
or its boundary lines altered (including, but not limited to, the combination or recombination of multiple
L ots) (i) by Declarant or withthe written consent of the ARC, and (ii) upon the recordation of a revised
plat or map showing the resulting subdivision or alteration of a Lot's boundary lines, such resulting or
reconfigured Lot shall for all purposes of this Declaration be thereafter deemed a "Lot"; provided,
however, (i) where two or more Lots are combined to reduce the number of Lots, Assessments are
applicable on each individual Lot as recorded or configured by Declarant; and (ii) where a Lot is
Waterway Cove Declaration of Protective Covenants Page 4

subdivided resulting in the creation of more than one Lot, Assessments are applicable on each resulting
Lot. Upon combination or recombination of Lots, (i) the building line requirements prescribed herein for
the resulting Lots shall apply and the easements reserved herein shall be applicable to the rear, side and
front Lot lines of such resulting Lot(s), and (ii) the resulting Lot and structures erected thereon must
otherwise comply with this Declaration and the new boundary lines of the resulting Lot shall be used to
compute the Setback as set forth herein.
Section 3. Residential Use of Lots. All Lots shall be used, improved and devoted exclusively to
single-family, detached Dwellings for residential use except for limited home office uses permitted under
Section 7 of this article. No structures, except as hereinafter provided, shall be erected, altered, placed or
permitted to remain on any Lot other than one detached single family Dwelling constructed in accordance
with the Plans and Specifications therefor. Ownership of a Lot and/or Improvements thereon through
timesharing, interval ownership or other related or similar ownership schemes where the right to
exclusive use or occupation rotates among multiple owners or members of the program is prohibited,
provided, that the preceding is not intended to prohibit ownership of a Lot and/or Improvements thereon
by tenancy in common, joint tenancy or tenancy by the entirety.
Section 4. Nuisances. No noxious, unlawful or offensive activity shall be carried on upon any
Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or a
nuisance to the Subdivision. No plants, poultry, animals, junk, junk automobiles, or devices or things of
any sort, the normal activities or existence of which are in any way noxious, dangerous, unsightly,
unpleasant or of a nature as may diminish or destroy the enjoyment of other property in the Subdivision
shall be placed, kept or maintained on any Lot. Bottled gas containers shall be screened from public view.
No Lot shall be used for storage of building materials prior to the issuance of the building permit for the
Dwelling.
Section 5. Exclusion of Above Ground Utilities. All outside electrical service, cable, telephone
and telecommunication lines shall be placed underground; provided, however, that the normal service
pedestals, etc., used in conjunction with such underground utilities are permitted within the Subdivision;
and provided, further, that overhead utility service lines are permitted during the construction period of
any Dwelling and until utility companies can place such service lines underground.
Section 6. Signs. No billboards or signs of any character, kind, design or nature shall be erected,
placed, permitted, displayed or maintained on any Lot or improvement thereon or within the Subdivision
except as follows:
(a) "For Sale," "For Rent" or similar signs and signs identifying the house number
are permitted on a Lot provided the sign complies with material, size, and color signage
guidelines contained in the Architectural Review Guidelines or the Rules and Regulations;
(b) signs of any nature located on Common Areas or within road right-of-ways and
erected by the Association or Declarant;
(c) temporary or permanent signs on Lots and Common Area erected by Declarant
and identifying owner's names, street names, Common Area, traffic signs (including, but not
limited to stop signs and speed limit signs), and any other signs that will aid in the development,
maintenance and/or operation of the Subdivision, including, but not limited to, signs advertising
or marketing the Subdivision and/or model homes;
(d) signs otherwise permitted pursuant to Section 7 of this article; and
Waterway Cove Declaration of Protective Covenants Page 5

(e) political signs (i.e., signs that attempt to influence the outcome of an election,
including supporting or opposing an issue on the election ballot) may be displayed on a Lot by an
Owner of such Lot no earlier than 45 days before the day of the election and no later than 5 days
after the election.
Signs may never be affixed or nailed to any trees. Should it be determined that a sign erected on a Lot
does not conform to Architectural Review Guidelines or the Rules and Regulations, the Association or
Declarant or their respective agents or assigns shall have the right from time to time to enter upon such
Lot without any liability for damage, wrongful entry, trespass or otherwise for the purpose of removing
the nonconforming sign. The Association and the ARC have the right form time to time to revise the
Rules and Regulations and the Architectural Review Guidelines, respectively, regarding signs in order to
meet the needs of the community or satisfy any governmental regulations.
Section 7. Prohibition Against Business Activity. No business activity, including but not limited
to, a rooming house, boarding house, gift shop, antique shop, landscape business professional office or
beauty shop or the like or any trade of any kind whatsoever (in which clients or members of the public
regularly come to any Lot or any significant business traffic is generated in the Subdivision) shall be
carried on upon any Lot or Lots; provided, however, that nothing contained herein shall be construed so
as to prohibit use of any portion of a residence as a home office so long as (i) no clients or members of the
public regularly come to any Lot; (ii) no significant business traffic is generated in the Subdivision on
account of such use; and (iii) the use of such Lot otherwise complies with applicable zoning ordinances.
Provided further, however, that nothing contained herein shall be construed so as to prohibit (a) the
construction of Dwellings and Improvements to be sold on Lots or the showing of such Dwellings and
Improvements for the purpose of selling houses in the Subdivision; (b) Declarant and/or its marketing
agent and initial builders of the Dwellings from erecting, placing or maintaining signs, structures and
offices as it may deem necessary for its operation and to facilitate initial or new construction home sales
in the Subdivision; or (c) any activity permitted by Article VII, Section 10.
Section 8. Mining and Drilling. No derrick or other structure designed for use in boring for oil or
natural gas shall be erected, placed or permitted upon any part of the Subdivision, nor shall any oil,
natural gas, petroleum, asphalt or hydrocarbon products or materials of any kind be produced or extracted
from the any lands in the Subdivision.
Section 9. Garbage Disposal. Each Owner shall provide garbage receptacles or similar facilities
in accordance with reasonable standards established by the Association, or a roll -out garbage rack of the
type approved by the Association. An Owner's garbage facilities shall be visible from the streets only on
the evening before the day of garbage pickup and on garbage pickup days. No garbage or trash incinerator
shall be permitted upon any Lot. No burning, burying or other disposal of garbage on any Lot or within
the Subdivision shall be permitted (except licensed contractors may burn construction debris during the
period of construction of improvements on any Lot if they have been properly permitted).
Notwithstanding the foregoing, Declarant or the Association, without a vote of the Members, shall be
permitted to modify the requirements of this section where necessary to comply with orders of
governmental bodies.
Section 10. Temporary Structures. No structure of a nonpermanent character shall be placed
upon any Lot at any time, provided, however, that this prohibition shall not apply to (i) shelters used by
the contractors during construction of the Dwelling or (ii) a portable toiletstructures (i.e., porta potty) in
connection with the construction of an Improvement where local governmental ordinances and
regulations require the presence of such a portable toilet, it being clearly understood that such temporary
shelters or portable toilets may not, at any time, be used for a residence or permitted to remain on the Lot
Waterway Cove Declaration of Protective Covenants page 6

after completion of construction. Prior to placement on any Lot, all temporary construction shelters must
be approved in writing by the ARC.
Section 11. Other Structures. No tent (other than small overnight tents used by children which
remain in place for less than 24 hours), barn, shed, shack, trailer, mobile home, modular home, tree house
or other similar outbuilding or structure shall be placed on any Lot at any time either temporarily or
permanently except as provided in Section 10 of this article, nor shall above ground swimming pools be
permitted.
Section 12. Clotheslines. No clotheslines or drying yards shall be located upon any Lot so as to
be visible from any Common Area or from any adjoining property or Lot.
Section 13. Vehicles and Off -Street Parking. No mobile home, modular home, trailer (either with
or without wheels), motor home, tractor, truck (other than personal -use pick-up trucks and sport utility
vehicles), commercial vehicles of any type (including, without limitation, cars or trucks with advertising
signs or lettering), camper, motorized camper or trailer, recreational vehicle, boat or other watercraft
(including jet skis, wave runners and similar craft), boat trailer, motorized go-cart, or other related forms
of transportation may be stored or parked upon any Lot, on the Common Areas, or on any right-of-way of
any road or streets within the Subdivision or adjoining the Subdivision by any Owner, its family
members, tenants or contract purchasers except either in an enclosed garage located on a Lot or otherwise
in accordance with the Rules and Regulations. Each Owner shall provide for parking of vehicles off of the
alleys, private lanes, streets and roads within the Subdivision. Notwithstanding the foregoing, but subject
to the ordinances and regulations of any governmental authority having jurisdiction thereof, (i) delivery
and maintenance vehicles that are not owned by a Lot Owner or its family members or tenants may park
their vehicles either in the driveway or on the streets and roads immediately in front of the Lot for which
the delivery or maintenance is being provided for a period not to exceed 8 hours; (ii) an Owner, its family
members and tenants may park temporarily for a period not in excess of 24 hours non-commercial
passenger vehicles and pick-up trucks on the streets and roads immediately in front of such Owner's Lot;
and (ii) contractor's trucks and vehicles may be parked on the Lot or on the streets and roads of the
Subdivision during and in connection with the construction of a Dwelling or other Improvement until
completion of such Dwelling or other Improvement. No Owners or other occupants of any portion of the
Lots shall repair or restore any vehicle of any kind upon a Lot or within the Subdivision except (i) within
enclosed garages, or (ii) for emergency repairs, and then only to the extent necessary to enable the
movement thereof to a proper repair facility. Violators of the prohibitions contained in this section are
subject to having their vehicles towed, at the Owner's expense, by or at the direction of the Association,
and to the levy of fines by the Association in such amount as may be otherwise determined from time to
time by the Association. Additional rules and regulations regarding use, repair, parking (both off-street
and on -street) and storage of vehicles in the Subdivision may be promulgated from time to time by the
Association.
Section 14. Sewer, Water, Utilities. No septic tanks or surface toilets are permitted in the
Subdivision. Portable toilets will be allowed only during construction as provided in Section 10 of this
article. The Subdivision is to be served by Brunswick County water and waste water system. Each
Owner shall be responsible for the then -applicable water meter, tap, and impact fees; sewer tap fee and
electric deposit fee.
Section 15. Firearms and Fireworks. No firearms or fireworks of any variety shall be discharged
upon the Lots or Common Area. The term "firearms" shall include, without limitation, guns, BB guns,
pellet guns and other guns or pistols of any kind, caliber, type or method of propulsion. No hunting of any
type shall be carried on or conducted on the Property.
Waterway Cove Declaration of Protective Covenants Page 7

Section 16. Animal and Pets. No animals, wildlife, livestock, reptiles, or poultry of any kind
shall be raised, bred, or kept on any portion of the Subdivision except for dogs, cats, or other usual and
domestic household pets not to exceed a total of three (3) may be permitted on a Lot; provided, however
that the limitation to three (3) shall not take into account fish or other aquatic animals living in a tank
within a Dwelling. Dogs shall be leashed at all times when on the Common Area. No dogs shall be
permitted to roam the Subdivision, and the Association may have strays and dogs that are not leashed and
are found off their Owner's Lot picked up by governmental authorities. Those pets which, in the sole
discretion of the Association, endanger health, make objectionable noise, or constitute a nuisance or
inconvenience to the Owners of other Lots shall be removed upon request of the Association. No pets
shall be kept, bred, or maintained for any commercial purpose. All persons bringing a pet onto the
Common Area shall be responsible for immediately removing any solid waste of such pet from the
Common Area. No animal pens may be constructed or permitted to remain on any Lot.
Section 17. Driveways. All private driveways, right-of-ways, and culverts, if required, installed
therein, shall be of a type, grade and quality approved by the ARC. Some Lots within the Subdivision
may be accessed by means of shared driveway(s). If access to multiple Lots is through a shared driveway,
the Owner of each Lot so accessed shall have an easement over that portion of the adjoining Lot within
such shared driveway for reasonable use of the shared driveway, wherever it is situated, and the Owners
of the Lots served by the shared driveway shall share equally in the cost of maintenance of such driveway
and shall keep such driveway in good repair and condition. If the Owners of the Lots served by any
shared driveway are unable to agree on the terms of maintenance of said driveway(s), either affected
Owner shall have the right to apply to the Board of Directors to determine whether there is a need for
maintenance or repair of said driveway, and failing repair by the Owners of the shared driveway, the
Association shall have the right to make any necessary repairs or perform necessary maintenance and
charge the costs of same in equal portions as an Individual Assessment against the Lots served by the
shared driveway. The Association shall have an easement to enter upon any Lot for the purpose of
performing repairs or maintenance as outlined in this section.
Section 18. Mailboxes, Delivery Receptacles. Declarant may provide locations for cluster
mailboxes for the Subdivision, and no other mailboxes shall be allowed unless approved by the ARC. No
paper boxes (i.e., outdoor boxes or receptacles for the delivery of newspapers and similar material) are
permitted on any Lot.
Section 19. Garages and Parking. To the extent a Lot includes a garage with a Dwelling, no
garage may be converted to living area without prior ARC approval. If approved by the ARC, Lots may
have a detached garage as long as the garage is constructed of materials similar to the Dwelling and is
compatible in design. Garage doors must be closed at night or when left garages are left unattended.
Section 20. Wells and Irrigation Systems. No sprinkler, piping or irrigation systems of any type
that draw upon water from creeks, streams, rivers, lakes, ponds, wetlands, canals, or other ground or
surface waters shall be installed, constructed, or operated within the Subdivision by any person unless
prior written approval has been received from the ARC. This section shall not apply to Declarant, and it
may not be amended without Declarant's written consent so long as Declarant has the right to add
property to the Subdivision in accordance with Article Xi, Section 2. No private water wells or individual
drinking water supply system are permitted upon any Lot.
Section 21. Ponds, Lakes and Water Retention Areas. Except as permitted by the Rules and
Regulations, no ponds, lakes or water retention areas shown on any map of the Subdivision shall be used
for swimming, boating or diving, nor shall the use of any personal floatation devices, jet skis or other
such items be permitted on any pond or lake. Fishing by Owners, members of their families and invitees
is permitted subject to the Rules and Regulations. No piers, docks, or barriers shall be constructed on any
Waterway Cove Declaration of Protective Covenants page 8

portion of the ponds or lakes nor attached to the shoreline or banks thereof except those that may be
constructed by Declarant, the Association or as approved by the ARC. Neither Declarant nor the
Association shall be responsible for any loss, damage, or injury to any person or property arising
out of the authorized or unauthorized use of ponds, lakes, or water retention areas within the
Subdivision, as all persons so using such do so at their own risk. No dredging or filling shall be
undertaken on any property adjacent to any water body. Declarant makes no warranties whatsoever as to
the water level in the water retention areas, lakes, and ponds nor to their continued existence beyond the
time that the construction of them has been completed and they are filled with water and turned over to
the Association. No person shall interfere with the operation of any pumps, fountains or waterfalls located
on or in connection with any body of water or water feature. (See Article V for additional provisions
regarding ponds and lakes.) Declarant reserves a temporary construction easement of forty feet (40') in
width adjoining all Common Areas to clear and grade the land and enter thereon, without liability for any
trespass, for the purpose of constructing, clearing or grading the Common Area and ponds and lakes, such
temporary construction easement to expire upon completion of construction or improvement of same.
Section 22. Artificial Vegetation, Exterior Sculpture and Similar Items. No artificial vegetation,
with the exception of specialty use areas such as Common Area putting greens, are permitted to exist
within the Subdivision. Exterior sculpture, fountains, gazebos, arboretums, flags and similar items are
subject to prior approval of the ARC; provided, however, that nothing contained herein shall prohibit the
appropriate display of the American and North Carolina flags consistent with N.C. Gen. Stat.
§ 47F-3-121.
Section 23. Play Structures and Yard Accessories. All permanent yard accessories and outdoor
play structures, including basketball backboards and any other fixed game accessories, located on any Lot
are subject to the prior approval of the ARC.
Section 24. Energy Conservation Equipment. No solar energy collector panels or attendant
hardware or other energy conservation equipment shall be constructed or installed on any Lot (other that
within a Dwelling or other approved structure) unless it is approved by the ARC.
Section 25. Trees. Trees may be removed without prior written approval within the building
foundation area of the Dwelling and within twenty (20) feet of the Dwelling provided that the location of
the Dwelling has been approved in writing by the ARC. Except as provided for in this section or in
Article IV, Section 1; Article IX or Article X of this Declaration, no tree six inches (6") in diameter or
greater at ground level may be cut, removed or intentionally damaged on any Lot without the prior
approval of the ARC. No Owner may place, plant or install a palm tree (belonging to the Arecaceae
family of plants) without the prior approval of the ARC.
Section 26. Elevation and Draina a Changes. No changes in the elevation, topography or
drainage characteristics of any Lot may be made without the prior approval of the ARC.
Section 27. Boat Slips. Declarant may establish, subject to regulatory approval, a separate boat
basin to be located in or adjacent to the Subdivision. The boast basin, if established, may allow access by
the Association and its Members. The boat basin may include a day slip(s), and dock(s) for community
use. The use of any boat slip constructed or existing in the Subdivision is subject to the terms and
conditions of the permit issued by the Division of Coastal Management, this Declaration and the Rules
and Regulations.
Section 28. Docks, Piers, Landings, Wharfs, Seawall and Bulkheads. No dock, pier, landing,
wharf, seawall, bulkhead or other structure shall be constructed, placed or allowed to remain on any body
Waterway Cove Declaration of Protective Covenants Page 9

of water or water course within the Subdivision or on the Intracoastal Waterway adjoining the
Subdivision unless approved by the ARC and any applicable governmental agency or authority.
Section 29. Restrictions on Rentals and Leasing. No leasing or renting of any Dwelling and/or
Lot shall be permitted for a term of less than thirty (30) days (unless approved by the Board of Directors),
nor shall any less than the entirety of any Dwelling be leased. All leases shall be in writing, and any
Owner who desires to lease the Dwelling on the Lot shall be required to have a copy of the rental
agreement submitted to and on file with the Association prior to the commencement of the lease. Every
lease of a Dwelling shall specifically incorporate the terms of this Declaration, the Bylaws and the Rules
and Regulations, and shall make a condition of the lease that the occupants of the Dwelling abide by the
Governing Documents.
,Section 30. Antennas. No Owner nay erect, place or maintain any exterior radio or television
transmission or receiving antenna on any Common Area. Except as provided in this section, no exterior
radio or television transmission or receiving antenna may be erected, placed or maintained on any part of
a Lot; provided, however, any OTARD Antenna (as hereinafter defined) and related connecting
equipment may be erected, placed and maintained on a Lot or any structure on a Lot as long as such shall
be located in a place shielded from view from the street or driveway and other Dwellings to the maximum
extent possible, with the view that the OTARD Antenna not detract from the overall attractiveness of the
Lot and Subdivision and is in a location that is least visible from the street; provided, further that nothing
herein requires an OTARD Antenna from being erected, placed or maintained in a location where an
acceptable quality signal cannot be received. Prior to the installation or placement of an OTARD
Antenna, the Lot Owner shall notify the ARC of the intended installation and provide to the ARC a
sketch, plat or map showing the intended location of the OTARD Antenna and a brief explanation of the
choice of such location. The Association reserves the right to inspect all antenna installations in order to
confirm compliance with this section, and if legal action is necessary, the Association is entitled to
recover its reasonable attorneys' fees, costs and expenses incurred in the enforcement of this section.
This section is intended to comply with the Over -the -Air Reception Devices Rule (47 C.F.R. § 1.4000),
and is to be construed consistent therewith. For purposes of this section, an "OTARD Antenna" is
(a) any antenna of a diameter of not greater than one meter and used to receive direct
broadcast satellite service (including direct -to -home satellite service) or to receive or transmit
fixed wireless signals via satellite;
(b) any antenna of a diameter or diagonal measurement of not greater than one meter
and used to receive video programming services via multipoint distribution service (including
multichannel multipoint distribution services, instructional television fixed services, and local
multipoint distribution services) or to receive fixed wireless signals other than via satellite; or
(c) any antenna that is used to receive television broadcast signals.
ARTICLE III
Construction of Improvements
Section 1. General. All Improvements, including structures of every type and description, shall
be constructed, placed or erected within the Subdivision in accordance with the provisions of this article
III, Article IV (Architectural Standards and Control) and the other provisions of this Declaration. All
property in the Subdivision is further subject to all notes, easements, restrictions and other matters
(including, but not limited to Setbacks) indicated on the plats of the Subdivision placed of record by
Declarant to the extent of and as set forth on such recorded plats. Only new construction of residential
Waterway Cove Declaration of Protective Covenants Page 10

buildings shall be permitted on a Lot, it being the intent of this covenant to prohibit the moving of an
existing building or portion hereof on a Lot and remodeling or converting same into a Dwelling.
Section 2. Size of Residence and Lot Coverage. All Dwellings to be constructed upon any Lot
shall have a minimum of 1,500 square feet of enclosed heated living area (exclusive of porches, decks and
garages and other unheated spaces).
Section 3. Setback, Setback Lines. No Dwelling, building or structure (including, but not limited
to, porches, decks, swimming pools or projections of any kind therefrom, including eaves) shall be
erected so as to extend over or across any of the Setback lines shown on the recorded plat of the
Subdivision or as described in the Declaration or any amendment thereto so as to be nearer to the Lot
boundary line than such Setback line. In order to preserve particular view corridors or to account for
unusual topography, natural site features, streetscape, hardship or other extenuating circumstances,
variances of the Setback requirements may be granted by the ARC as provided in Article IV, Section 9.
Section 4. Height and Accessory Buildings. No Dwelling, except as hereinafter provided, shall
be erected, altered, placed or permitted to remain on any Lot other than a detached, single-family
dwelling not to exceed thirty-six feet (36') in height from grade. Any structure or building serving as an
accessory building to the Dwelling may not be constructed prior to the construction of the Dwelling. All
garages shall be attached to the Dwelling unless the ARC approves in writing a variance permitting a
detached garage. Accessory buildings or other outbuildings shall conform to the architectural scheme and
appearance of the Dwelling.
Section 5. Conversion to Multi -family Use Prohibited. No Dwelling, once approved by the ARC
and constructed, may be altered or converted into a multiplex residence.
Section 6. Prohibited Building Material. Exposed exterior walls composed of concrete block,
imitation asphalt brick siding, tar paper, and imitation asphalt stone siding is prohibited.
Section 7. Construction Bonds.
(a) Contractor Performance Bond. The ARC may require, prior to commencement
of work on a Lot, a general contractor submit a contractor performance bond in favor of the
Association in the amount of $1,000.00, or such other sum as is established by the ARC from
time to time, to ensure that the contractor, during construction, keeps the Lot in a neat, and clean
manner, free of garbage or debris, and to ensure that the contractor completes the Improvements
in accordance with the approved Plans and Specifications therefor.
(b) Contractor Road Bond. The ARC may require, prior to commencement of work
on a Lot, a general contractor submit a $2,500.00 road bond, or such other sum as is established
by the ARC from time to time, to ensure that streets and curbs in front of Lot on which the
contractor is working are maintained, throughout the construction process, in the same good
quality condition as they were in when construction began and to ensure that the proper
reseeding, and clean-up of right-of-ways and drainage swaies for any damage caused by
contractor and its agents. Any portion of the road bond not applied to necessary repairs will be
refunded at the end of construction.
Should the contractor not perform either by the end of any business day or at the end of construction, as
appropriate, some or all of the appropriate bond may be used to bring the contractor into compliance with
the approved Plans and Specifications and for any necessary site maintenance and correction. Any portion
Waterway Cove Declaration of Protective Covenants Page 11

of the contractor bonds remaining at the end of the construction and issuance of the certificate of
occupancy will be refunded to the contractor.
Section 8. Diligent Construction. All construction, landscaping and other Improvements that
have been commenced on any Lot must be prosecuted wi`i-i reasonable diligence to completion, and no
partially completed Dwelling or other Improvement shall be permitted to exist on any Lot except during
such reasonable time period as is necessary for completion. All construction must be completed within the
period set forth in Section 10 of this article. The Owner of the Lot on which the Improvements are being
constructed shall at all times (i) keep public and private streets contiguous to the Lot free from any dirt,
mud, gravel, garbage, trash or other debris which might be occasioned by construction of the
Improvements; and (ii) require its contractors to maintain the Lot upon which such work is being done in
a reasonably clean and uncluttered condition and, to the extent possible, all construction trash and debris
shall be kept within refase containers. Any damage to the roadways, curbs or sidewalks or any part of the
Common Area or any utility system caused by an Owner or Owner's contractors or his subcontractors
shall be the responsibility of the Owner of such Lot to repair. Any general contractor or subcontractor
constructing Improvements on any Lot or within the Subdivision shall keep such portion of the
Subdivision free of construction debris in accordance with the construction rules established by the ARC,
if any, and paragraph (a) of Section 7 of this article, and shall similarly keep the ponds and contiguous
public and private areas free from any dirt, mud, garbage, trash, or other debris which is occasioned by
construction of Improvements. The Association may levy an Individual Assessment against an Owner and
such Owner's Lot consistent with Article VII to pay for the cost of repairing any damage to roadways,
curbs or sidewalks or any part of any roadway, Common Area, or utility system, to pay for the cost of
cleaning public and private areas, including the roadways in the Subdivision and to pay for the cost of the
removal of garbage, trash or other debris, which is occasioned by the activities of an Owner or Owner's
general contractor or subcontractors during the construction of Improvements in addition to realizing
upon any bonds posted pursuant to Section 7 of this article.
Section 9. Commencement of Dwelling and other Construction. Notwithstanding anything to the
contrary herein stated, construction of a Dwelling on a Lot must be commenced within two (2) years (or
such longer period as permitted by the Board of Directors) from the date that such Lot is conveyed by
Declarant to a third party. If an Owner has not commenced construction within such two (2) year period
or such longer period as permitted by the Board of Directors, only Declarant and/or the Association may
enforce this covenant by any and all appropriate legal means, including, but not limited to, the imposition
of a fine by the Board of Directors and/or the institution of an action at law for damages or in equity
(including obtaining a mandatory injunction requiring the commencement of a Dwelling on such Lot).
Section 10. Completion of Improvements. With the exception of construction which is
interrupted or delayed due to force majeure (including, but not limited to, strikes, national emergencies,
or physical damage to the work in progress (such as damage due to fire, lightning, windstorm, flood, hail,
riot or civil commotion, explosion, or theft)), the construction of any Dwelling must be completed within
one (1) year of the commencement thereof (such completion measured by the issuance of a certificate of
occupancy or compliance), and any Improvement other than a Dwelling must be completed within six (6)
months of the commencement of construction thereof, except in either case with the written consent of the
ARC. Upon completion of construction, the Owner shall cause its contractors to immediately remove all
equipment, tools, and construction material, and debris from the Lot. If completion of the Dwelling or
other Improvements on any Lot is not completed within the required time period and the Association
determines that construction progress has diminished to such an extent that completion of such
Improvement is unlikely within 120 days of the expiration of such required time period, the Association
shall give notice to the Owner of such Lot requiring the Owner, within 30 days of such notice, to remove
all construction work in progress, including without limitation, the foundation and all building
improvements and all stored building materials, and fill and grade the Lot so that it is restored to its
Waterway Cave Declaration of Protective Covenants page a 2

natural grade level as existed immediately prior to the commencement of such Improvement. The
Association and, until the Turnover Date, Declarant shall have the right to undertake this work upon
Owner's failure to do so and charge the cost to the Owner and to secure such charge, assess or cause to be
assessed an Individual Assessment against such Lot upon Owner's failure to pay these charges.
ARTICLE IV
ARCHITECTURAL STANDARDS AND CONTROL
Section 1. Generally. No site preparation of a Lot (including, but not limited to clearing,
excavation, grading, excavation, elevation work, landscaping, sloping and other site work); construction,
erection, or installation of any Improvements; or removal of any such Improvements previously approved
by the ARC shall be commenced, erected, placed, altered or maintained upon any Lot until the plans and
specifications showing the nature, kind, shape, height, materials, exterior colors, siding, location and
elevations of the proposed Improvements or site work (collectively, the "Plans and Spec fcations") shall
have been submitted to, and approved in writing by, the ARC as provided in this article. Any change in
exterior appearance of the landscaping shall be deemed an alteration of an Improvement requiring
approval by the ARC as provided in this article.
Section 2. Architectural Review Committee Authority. The ARC shall have exclusive
jurisdiction over all construction on or alteration of the Lots or any portion thereof as provided in Section
1 of this article. The ARC may prepare and, on behalf of the Board of Directors, may promulgate
Architectural Review Guidelines consistent with the spirit and provisions of this Declaration, which may
include an application for architectural review, approved color palettes, approved materials list, approved
styles of construction, approved plant lists, guidelines for the display of signage, standards and procedures
governing the ARC's areas of responsibility and practice and such other rules and regulations as the ARC
deems necessary. The ARC shall have sole and full authority to prepare and to amend the Architectural
Review Guidelines. The ARC shall make the Architectural Review Guidelines available to Owners,
builders, and developers who seek to engage in development of or construction upon all or any portion of
the Lots. The ARC shall further have the right to designate or re -designate which Lot line shall be the
"front Lot line" in the case where a Lot is bordered by more than one street for purposes of compliance
with Setbacks and other matters.
Section 3. Composition of ARC. The ARC shall consist of at least three (3), but not more than
five (5) persons appointed by the Board of Directors. The members of the ARC do not have to be Owners.
Notwithstanding the foregoing, for as long as the Declarant holds a Class B membership in the
Association, (i) Declarant shall have the right, to the exclusion of the Board of Directors, to appoint
members of the ARC; or (ii) Declarant may exercise all of the rights, authority and power granted to the
ARC without establishing an ARC, and in either event, upon Declarant's exercise of such rights, authority
and power, Declarant shall be protected and immune from all liabilities to the same extent as the ARC
under this Declaration, at law or in equity. Declarant may surrender either or both of the rights set forth
in the preceding sentence by the execution of a written instrument in recordable form recorded with the
Brunswick County Register of Deeds
Section 4. ARC Approval Process. Plans and Specifications for any mattes subject to Section 1 of
this article shall be submitted to the ARC for approval prior to the commencement of same. If the ARC
fails to respond to the submission of such Plans and Specifications (either via an approval, a denial or a
request for additional information) within forty-five (45) calendar days after submission of such Plans and
Specifications, supplemented by a response for additional information (if requested by the ARC)
consistent with this Declaration and the Architectural Review Guidelines, the Plans and Specifications
shall be deemed approved; provided, however, that no such failure to act shall be deemed an approval of
Waterway Cove Declaration of Protective Covenants 'Page 13

any matters specifically prohibited by any other provision of this Declaration. Approval or disapproval by
the ARC of such Plans and Specifications may be based upon any grounds, including purely aesthetic and
environmental grounds, the quality of workmanship and design and harmony of external design with
existing structures, and location in relation to surrounding structures, topography, and fmish grade
elevation, all within the sole discretion of the ARC. ARC approvals required by this Declaration shall be
in writing and are in addition to any approvals required by other applicable government authority. Upon
request of an Owner who submitted plans for approval to the ARC, the ARC shall provide such Owner
with a letter stating that such Plans and Specifications have been approved, and the letter may be relied
upon by third parties. The ARC reserves the right to require submissions of Plans and Specifications and
other information under- this section to be either in written or hard copy form or submitted via
electronically and on forms that may be promulgated by the ARC from time to time.
Section 5. ARC Approval Fees. All reasonable costs incurred by the ARC in reviewing and
approving applications to the ARC shall be the responsibility of the applicant. Unless specifically waived
by the ARC, all applications and submissions of Plans and Specifications required under this Declaration
for approval by the ARC must be accompanied by an architectural review fee of $500.00 or such other
sum as is established by the Board of Directors from time to time.
Section 6. Exclusions from ARC Approval Process. Notwithstanding anything herein to the
contrary, no approval by the ARC shall be required to repaint the exterior of any structure in accordance
with an originally approved color scheme or to rebuild in accordance with originally approved Plans and
Specifications. Nothing contained herein shall be construed to limit the right of an Owner to remodel the
interior of such Owner's Dwelling or to paint the interior any color desired.
Section 7. Phasing; Different Architectural Review Guidelines. Nothing in this Declaration shall
be construed to prohibit the ARC from promulgating different Architectural Review Guidelines for each
phase of the Subdivision or portion thereof and the ARC is specifically authorized to do so.
Section g. Approval Not Responsibility. Actual construction of Dwellings and other
Improvements shall be the responsibility of the Owner of the Lot and the Owner's builder. The purpose of
the ARC approval is solely for the benefit of the Association as a whole. By approving any submitted
Plans and Specifications, neither the Association, the Board of Directors, Declarant nor the ARC
(a) warrants (i) that the submitted and approved Plans and Specifications comply
with any applicable statutes, rules, ordinances or regulations of any governmental or quasi -
governmental authority or agency; (ii) that the submitted and approved Plans and Specifications
are in accord or consistent with good and/or sound engineering or construction practices; (iii) that
the Improvements to be constructed are structurally stable or of good and sufficient design or
quality; or (iv) that the contractor who participates in the construction of any Improvement is duly
qualified or able to carry out its obligations in a good and workmanlike manner; and
(b) is responsible for any defects in the Plans and Specifications submitted to it or in
any Improvement erected or made on any Lot.
Section 9. Variances. The ARC shall have the power to grant or deny, and may allow or refuse,
variances o ; and adjustments of, any of the restrictions established herein or in the Architectural Review
Guidelines with regard to Setbacks and matters within the scope of authority or responsibility of the ARC
pursuant to this Declaration in order to overcome practical difficulties and prevent unnecessary hardships
in application of such restrictions or when circumstances such as topography, natural obstructions,
aesthetic or environmental considerations may require, provided, however, that such variances are done in
conformity with the intent and purposes hereof. Variances may be of the height, size and Setback
Waterway Cove Declaration of Protective Covenants Page 14

requirements pursuant to the terms herein, but shall not be limited thereto. Such variances must be
evidenced in writing and must be signed by at least a majority of the members of the ARC and shall be
effective upon delivery to the Owner; provided, however that upon request of the affected Owner, the
variance shall be prepared, at the cost of the requesting Owner, in form suitable for recording in the land
records of the Brunswick: County Register of Deeds, and upon such recordation, shall be binding upon
Declarant, the Association and other Lot Owners, and may be relied upon by third parties to evidence the
variance approval. If a variance is granted, no violation of this Declaration or the Architectural Review
Guidelines will be deemed to have occurred with respect to the matter for which the variance was granted.
The granting of such variance shall not operate to waive any of the terms and provisions of this
Declaration or the Architectural Review Guidelines for any purpose except as to the particular Lot and
Improvements and the particular provision covered by the variance, nor shall it affect in any way the
Owner's obligation to comply with all statutes, laws, ordinances and regulations affecting the use of the
Owner's Lot, including but not limited to zoning ordinances and setback requirements imposed by
Brunswick County or the Town of Ocean Isle Beach.
Section 10. Enforcement, Amendment. The Board of Directors shall have the authority and
standing, on behalf of the Association, to enforce in courts of competent jurisdiction decisions of the
ARC. Notwithstanding anything herein to the contrary, this Article IV may not be amended without
Declarant's written consent as long as Declarant owns any land subject to this Declaration.
ARTICLE V
Additional Provisions as to Buffer Areas, Ponds and Common Area Irri ation
Section 1. Buffer Areas. No cutting or removal of trees, shrubbery, or landscaping of any kind
shall be made within any Buffer Area, and no construction or erection of any structures or any land
disturbing activities shall be permitted within the Buffer Areas except in each case with the prior written
consent of the ARC. A Buffer Area shall surround every pond and water retention area within the
Subdivision as depicted on a recorded plat of the Subdivision. As the provisions contained herein are for
the preservation of the aesthetics and privacy of the Subdivision, in the event of the destruction or
removal of any tree, shrub or landscaping within a Buffer Area within a Lot (except destruction caused by
act of God) and to the extent that the Association is not obligated to replace such tree, shrub or
landscaping pursuant to Article X, Section 2, the Owner of the Lot upon which such tree, shrub, or
landscaping was located will cause same to be replaced or restored with a comparable size and type of
tree, shrub or landscaping, at the Lot Owner's sole expense within sixty (60) days of such destruction or
removal.
Section 2. Declarant's Rights and Easements. Declarant hereby reserves a maintenance easement
over, under, onto and across all Buffer Areas for the purpose of maintaining, restoring, and replacing
trees, shrubs, and landscaping. The reservation of these easements shall not place upon Declarant any
obligation to perform such activities, and such performance shall lie solely within the discretion of
Declarant. The within rights of Declarant are in addition to the rights and obligations of Association set
out in Article VII, Section 4. The easements herein reserved in this section expire on the Turnover Date,
are non-exclusive and shall run with title to the Lots.
Section 3. Rights of Enforcement. If an Owner does not replace trees and/or restore landscaping
as and when required under Section 1 of'this article, the Association shall have the right to undertake this
work upon Owner's failure to do so and charge the cost to the Owner and to secure such charge, assess an
Individual Assessment against such Lot for the cost therefor.
Waterway Cove Declaration of Protective Covenants Page, 1.5

Section 4. Ownership and Control of Ponds, Lakes and Water Retention Areas. No right title or
interest, including, without limitation, riparian rights, in any pond or lake shall attach to or become an
appurtenant to the title to any Lot by reason of or upon conveyance of such Lot by Declarant unless such
conveyance specifically includes such rights. Declarant reserves an easement upon and across every Lot
to maintain such ponds, lakes, and water retention areas as more fully provided in Article VII, Section 8,
and the Association shall be responsible for all maintenance of such ponds, lakes and water retention
areas, including but not limited to monitoring water levels, maintaining any fountains or aeration devices,
and providing lake mitigation services (i.e., algae control and aeration). Nothing in this section shall
relieve Owners of their responsibility to prevent the development of any unclean, unsightly or unkempt
condition to the area of their Lot bordering the Common Area around the ponds and lakes, subject,
however, to the Association's obligation to maintain the grounds thereof under Article X, Section 2.
ARTICLE VI
Membership and Votina Rights in the Association
Section 1. Membership. Every person or entity who is an Owner who is subjected by this
Declaration to assessment by the Association shall be a Member. Membership is appurtenant to and may
not be separated from ownership of any Lot which is subject to Assessment.
Section 2. Board of Directors. Initially, there shall be three (3) members of the Board of
Directors, who shall serve until such time as their successors are duly elected and agree to serve. The
directors shall have annual meetings and other such meetings as may be called for at the request of the
president of the Association, by a majority of the directors, or as called for in the Bylaws. The foregoing
notwithstanding, prior to the Turnover Date, Declarant shall select the members of the Board of Directors,
which members need not be Owners.
Section 3. Articles of Incorporation and Bylaws. The articles of incorporation and bylaws of the
Association shall be adhered to in the administration and operation of the Association.
Section 4 Voting Rights. The Association shall have two (2) classes of voting membership:
Class A: Class A Members shall be all Owners excepting however Declarant only while
Declarant is a Class B Member. Class A Members shall be entitled to one (1) vote for each Lot in which
they hold the interest required for membership by Section 1 of this article. When more than one person
holds such interest or interests in any Lot, the vote attributable to such Lot shall be exercised as such
persons mutually determine, but in no event shall more than one (1) vote be cast with respect to any such
Lot. When a purchaser of an individual Lot or Lots takes title thereto from Declarant, such purchaser
automatically becomes a Class A Member.
Class B: The sole Class B Member shall be Declarant. The Class B member shall be entitled to
ten (10) votes for each Lot owned. Class B membership shall cease and become converted to Class A
membership upon the happening of the earlier of the following:
(a) the date on which Declarant no longer owns any part of the Subdivision
(including Common Areas); or
(b) fifteen (15) years from date of recordation of this Declaration; or
(c) at such time as Declarant, in its sole discretion, voluntarily relinquishes Class B
Member status in writing.
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Upon the conversion of Declarant to Class A membership, Declarant shall thence be entitled to
one vote for each Lot owned in the manner provided above. The earliest to occur of (a), (b) or (c) is
referred to as the "Turnover Date."
ARTICLE VII
Property Rights in the Common Area / Easements
Section 1. Member's of Easement of Enjoyment Subject to the provisions of Section 3 of this
article, every Member has a non-exclusive right and easement of enjoyment in and to the Common Area,
and such easement is appurtenant to and passes with the title to every Lot. This right and easement is for
use in common with all other Members, their tenants, guests, and invitees as further provided in this
Declaration. If Declarant annexes Additional Property pursuant to Article XI, Section 2, all Owners of
Lots within such additional phases or lands shall have the same rights and privileges with regard to use of
the Common Area as the Owners of Lots originally subject to this Declaration. Notwithstanding anything
herein to the contrary, no general plan or plat of the Subdivision showing Additional Property or
adjoining areas that may later be developed as additional phases of the Subdivision shall cause such areas
to be included or classified as Common Area nor shall the Association or any Owner be entitled to any
right, title or interest therein unless and until such Additional Property is annexed to the Subdivision
pursuant to Article XI, Section 2.
Section 2. Title to Common Area. Declarant hereby covenants for itself, its successors and
assigns, that within fifteen (15) years from the date of recording of this Declaration, it will convey to the
Association, by special warranty deed, fee simple title to the Common Area upon the conditions set forth
herein, subject to the provisions of this Declaration.
In lieu of the conveyance provided for herein with regard to the alleys, private lanes, streets and
roads, Declarant may cause such alleys, private lanes, streets and roads to be dedicated , to any
governmental entity as provided for in paragraph (a) of Section 3 of this article. If such alleys, private
lanes, streets and roads are so dedicated, acceptance of such dedication may be conditioned upon the
agreement of the Association that the Association shall maintain, (at Association's sole cost and expense)
any and all landscaping, shrubbery and the entrance sign to the Subdivision which may be located within
the dedicated areas. Except as provided as aforesaid, the Common Areas are intended to be devoted to
the common use and enjoyment of the Members, and are not dedicated for use by the general public.
Section 3. Extent of Member's Easements. The rights and easements created hereby are subject
to the following:
(a) the right of Declarant and/or of the Association to dedicate, transfer or convey
all or any part of the Common Area, with or without consideration (and subject to the condition
set out in Section 2 of this article), to any governmental body, district, agency or authority, or to
any utility company, provided that no such dedication, transfer or conveyance shall adversely
limit the use of the Common Area by the Members, and upon such dedication and acceptance,
such lands so dedicated will no longer be considered Common Area under this Declaration;
(b) the right of Declarant and/or of the Association to grant and reserve easements
and rights -of -way for maintenance and inspection of lines and appurtenances for public or private
water, sewer, drainage and other utilities and services, including, without limitation, a cable or
community antenna television system and irrigation or lawn sprinkler systems;
Waterway Cove Declaration of Protective Covenants Page 17

(c) the right of Declarant and/or the Association to grant and reserve easements and
rights -of -way through, over and upon and across the Common Area for the completion of the
Subdivision and for the operation and maintenance of the Common Area
(d) the right of Declarant to reserve over the Common Area perpetual non-exclusive
easements for ingress and egress and utility installation and maintenance to any other property of
Declarant, regardless of whether or not made subject to this Declaration;
(e) the right of the Association, as provided in its bylaws, to suspend the enjoyment
rights of any Member in the Common Area (but not access to a Member's Lot) for any period
during which any assessment remains unpaid and for a period not to exceed thirty (30) days from
any infraction of its published Rules and Regulations; and
(f) the rights of the Association, in accordance with law, its articles of incorporation
and bylaws, to borrow money for the purpose of improving the Common Area and in pursuance
thereof, to mortgage the same.
Section 4. Maintenance. The Association shall at all times maintain in good repair and condition
all Common Area, leased property, the street pavement (if not maintained by a governmental unit or
agency), drainage structures, street lighting fixtures (if not maintained by utility company), landscaping,
entrance signage and ponds which are part of or within the Common Area. The Board of Directors acting
by majority vote shall order all work to be done and shall pay for all Common Expenses. All work
pursuant to this section and all expenses hereunder shall be paid for by such Association through
assessments imposed in accordance with Article VIII. Excluded therefrom shall be paving and
maintenance of individual Lot driveways, which shall be maintained by each Owner. Nothing herein shall
be construed as preventing the Association from delegating or transferring its maintenance obligations to
a governmental authority under such terms and conditions as the Board of Directors may deem in the best
interest of the Association.
Section 5. Additional Structures. Neither the Association nor any Owner or any group of
Owners shall, without the prior written approval of Declarant or after the Turnover Period, of the
Association, erect, construct or otherwise locate any structure or other improvement in the Common Area.
Section 6. Delegation of Use. Subject to this Declaration, the bylaws of the Association and to
the Rules and Regulations, the right and easement of enjoyment granted to every Owner in Section 1 of
this article may be exercised andenjoyed by members of an Owner's family and tenants of the Owner, in
each case who occupy the Dwelling of the Owner within the Subdivision, and by guests of the Owners.
Section 7. Rules and Regulations. Consistent with this Declaration and the bylaws of the
Association, the Board of Directors is authorized and empowered to promulgate rules and regulations
governing the use of the Common Areas; the regulation, placement and display of signage on Lots and the
procedures and policies of the Association in order to carry out the powers conferred upon it. The use of
the Common Area by an Owner or Owners, and all other parties authorized to use same, shall be at all
times subject to such Rules and Regulations. The Rules and Regulations are to be maintained at the office
of the Association or its management company and available to the Members for inspection during
normal business hours.
Section 8. Easements for Utilities and Maintenance.
(a) Particular Easement. Declarant reserves as well as grants to the Association
perpetual and alienable easements over and under all Lots along an area 5 feet in width inside
Waterway Cove Declaration of Protective Covenants page 1.8

each side boundary line of each Lot and 15 feet along the front and rear of each Lot for the
purpose of installation, construction, maintenance, repair, replacement, use and operations of
utilities and utility systems of all kinds (including but not limited to water, sewer, electric, and
natural gas), drainage (including but not limited to storm water and surface drainage) and access.
(b) General Easement and Rights. Declarant reserves as well as grants to the
Association a perpetual and alienable easement and right of ingress and egress, over, upon, across
and under the Setback areas, and easement areas on each Lot as shown on any recorded map or
plat of the Subdivision and/or as set forth herein and over, upon, across and under the Common
Area for maintenance, erection, installation and use of electrical and telephone wires, cables,
conduits, sewers, water mains and other suitable equipment for the conveyance, transmission and
use of electricity, telecommunications, gas, sewer, water or other public convenience or utilities,
including an easement for privately -owned television and other telecommunications cable and
equipment; for maintenance of ponds and the installation and maintenance of pumps, fountains or
other equipment related to said maintenance; and for the installation and maintenance of
irrigation systems. Declarant and the Association may further cut drainways for surface water
when such action may appear to Declarant or to the Association to be necessary in order to
maintain reasonable standards of health, safety and appearance. These easements and rights
expressly include the right to cut any trees, bushes or shrubbery, make any grading of soil, or to
take any other similar action reasonably necessary to provide economical and safe utility or other
installations and to maintain reasonable standards of health, safety and appearance. Declarant
further reserves the right to locate wells, pumping stations, irrigation systems and tanks on
Common Area. It shall not be necessary to obtain the consent of Owners of Lots adjoining any
existing utilities or pump stations. Such rights may be exercised by the licensee of Declarant or
the Association, but this reservation in and of itself shall not be considered an obligation of
Declarant or the Association to provide or maintain any such utility service. No structures or
other items, including walls, fences, paving or planting shall be erected upon any part of the
Subdivision which will interfere with the rights of ingress and egress provided for in this section.
Specifically, no Owner shall erect any Improvement, including, without limitation, walls, fences
or paving within any areas designated on any recorded plat or map of the Subdivision and/or as
set forth herein as a Road Right of Way,., « Utility Easement,"" Common Area,"" Drainage
Ditch" or "Swale" nor shall any Owner change the grade of any such easement area; provided
however, that driveways may cross utility and drainage easements at the front and rear of the Lots
subject to prior approval of the ARC, and that any landscaping in easement areas shall not
interfere with the applicable easement and shall be limited to grass and small shrubbery. Each
Owner shall keep drainage ditches and swales located on such Owner's Lot free and unobstructed
and in good repair and shall provide for the installation of such culverts upon such Lot as may be
reasonably required for proper drainage. Declarant may, at its sole option, convey any such
drainage easements to an appropriate governmental entity. The easements referred to in this
section are, without limitation, those shown upon the recorded plat(s) of the Subdivision, as set
out in easements of record, as set forth in this Declaration or which are located on, over or under
the ground.
(c) Easement for Adjoining Property. Declarant further reserves a perpetual,
alienable easement and right of ingress and egress over, upon, across and under the Common
Area and all streets and roads within the Subdivision for the purpose of providing drainage and
utility installation, construction, reconstruction, and maintenance to adjacent property now or
hereafter owned by Declarant and for the installation and maintenance of any irrigation systems,
pipes, drainways or other installations necessary for the foregoing and further for the installation,
maintenance, repair, replacement and operation of water lines and other utilities which serve or
shall serve property presently owned by Declarant. Declarant, its agents, contractors, servants,
Waterway Cove Declaration of Protective Covenants Page 19

employees and assignees may enter upon the easement areas for the purposes of maintaining,
repairing, replacing and operating such irrigation systems, water lines and other utilities and
drainage facilities and for the purpose of installing additional utilities and drainage facilities.
Declarant further reserves a perpetual, alienable easement and right-of-way over, under and
across those areas designated as "Road Right of Way," "Common Area," "Utility Easement,"
"Drainage Ditches" or "Swales" on any recorded plat or map of the Subdivision for the purpose
of providing drainage of the Subdivision and lands now or hereafter adjacent to the Subdivision
or in the vicinity thereof (whether or not a part of the Subdivision) and for the installation, repair
and maintenance of pipes and other facilities necessary for such drainage. Declarant, its agents,
contractors, servants, employees and assignees may enter upon any of the easement areas so
designated on the recorded plat of the Subdivision for the purpose of maintaining, repairing,
replacing and operating any of the drainage facilities, pipes, ditches, and drainage areas located
thereon. The Owners of Lots on which such easements are located shall not interfere in any
manner with such easements or any of the facilities located therein or the access thereto.
Declarant, its agents, employees and assignees shall have no liability for damage which may
occur to any structures, plants, trees, or other items which may be located in such utility and
drainage easements, and Declarant shall have no obligation to replace any such structures which
may be removed or damaged due to maintenance, repair or other work performed in such
easement areas. Declarant further reserves an easement of ingress and egress over and across all
streets and roads of the Subdivision which such easements are and shall be for the purpose of
ingress and egress to any property now owned or hereafter acquired by Declarant, its successors
and assigns whether or not such property is made a past of the Subdivision and whether or not
such property adjoins the Subdivision.
Section 9. Easements for Association. There is hereby reserved a general right and easement for
the benefit of the Association, its agents, contractors, servants, employees and assignees, including but
not limited to, any property manager employed by the Association and any employees of such manager,
to enter upon any Lot or any portion thereof in the performance of their respective duties, to carry out the
obligations imposed by it or to exercise the rights conferred to it under this Declaration.
Section 10. Sales Offices, Rental Offices, Property Management Offices and Construction
Offices. Notwithstanding any provisions or restrictions in this Declaration to the contrary,
(a) Declarant hereby reserves for its benefit the perpetual, alienable and transferable
right and easement in and to the Subdivision for the maintenance of signs, sales offices, rental
offices, property management offices and construction offices, together with such other facilities
as in the sole opinion of Declarant reasonably may be required, convenient or incidental to the
completion, management, rental, improvement and/ or sale of Lots, Dwellings, Common Area
and other property of Declarant;
(b) Declarant expressly reserves the right to grant to any builder or builders the right
to operate and maintain builder sales, marketing and/or construction offices at any location within
the Subdivision upon such terms and conditions as Declarant in Declarant's sole discretion may
determine; and
(c) Declarant reserves for itself and its marketing agent and initial builders of
Dwellings, the right to maintain a sales office, model homes and a construction office upon one or
more Lots until all Lots to be located within the Subdivision have been sold.
Section 11. Maintenance Easement. Subject to the other terms of this Declaration., there is
hereby reserved for the benefit of Declarant, the Association and their respective agents, employees,
Waterway Cave Declaration of Protective Covenants Page 20

successors and assigns an alienable, transferable and perpetual right and easement to enter upon any Lot
for the purpose of landscaping, mowing, maintenance of landscaping and removal of rubbish and trash so
as to maintain reasonable standards of health, fire safety and appearance within the Subdivision and to
carry out their respective obligations imposed upon them or to exercise the rights granted to them
pursuant to this Declaration; provided that such easements shall not impose any duty or obligation upon
Declarant or the Association to perform any such actions except as expressly provided herein.
Furthermore, there is hereby reserved for the benefit of Declarant, the Association and their respective
agents, employees, successors and assigns, an alienable, transferable and perpetual right and easement,
but not the obligation, to maintain and / or repair the outer portions of any building if the Owner shall fail
to maintain such building in keeping with the standards of the Subdivision. The cost of such maintenance
and/ or repair shall constitute an Individual Assessment against the Lot on which the building is located
and the Owner of such Lot as provided in Article VIII herein.
Section 12. Road Construction Easement. Declarant reserves a temporary construction easement
of twenty-five (25) feet in width along both sides and running parallel to unimproved, platted streets and
roads, alleys and private lanes, which easements shall expire eighteen months after the particular road
construction commences. Should it be necessary due to terrain and site conditions, Declarant has at its
sole discretion the right to extend the width of the temporary construction easement.
Article VIIT
Assessment for the Maintenance and Operation of Common Areas and Facilities
Section 1. Assessments. Liens and Personal Obligations Therefor.
(a) Each Owner, by acceptance of a deed therefor, whether or not it shall be so
expressed in any such deed or other conveyance, is deemed to covenant and agree to pay the
Association (i) annual assessments or charges which are Common Expenses; (ii) special
assessments for capital improvements and extraordinary maintenance or expenses; and (iii)
Individual Assessments. The Assessments are to be fixed, established and collected from time to
time as hereinafter provided. Assessments, together with such interest thereon and costs of
collection thereof (including reasonable attorneys' fees) as are hereinafter provided, shall be a
charge on the land and a continuing lien upon the Lot(s) against which each such assessment is
made. Each such Assessment, together with such interest thereon and the costs of collection
thereof (including reasonable attorneys' fees) as are hereinafter provided, shall also be the
personal obligation of the Owner of such Lot(s) at the time when the assessment became due.
(b) The annual and special assessments levied by the Association shall be used
exclusively for the following purposes:
(i) for promoting the recreation, health, safety and welfare of the Owners;
(ii) for the improvement, maintenance, use and operation of the Common
Area (including, for the repair, replacement and additions thereto or to any improvements
or structures thereon) and, upon determination by the Board of Directors, improvements
located outside of the Subdivision (including, without limitation, identification and/ or
directional signage 'including landscapingi either exclusively or in cooperation with
other associations or parties) now or hereafter designated or existing;
Waterway Cove Declaration of Protective Covenants Page 21

(iii) for the payment of ad valorem taxes and public assessments levied on the
Common Area and for the payment of such other taxes, assessments and fees that may be
levied against the Association;
(iv) for the procurement and maintenance of insurance in accordance with the
bylaws of the Association, N.C. Gen. Stat. § 47F-1-113 and as otherwise deemed prudent
by the Board of Directors;
(v) for the costs incurred by the Association to carry out its obligations
imposed upon it or the rights conferred to it under this Declaration or the articles of
incorporation or bylaws of the Association;
(vi) for the acquisition, improvement and maintenance of the services and
facilities devoted to the aforesaid purposes; and
(vii) for the employment of attorneys, accountants, property managers and
other professionals to represent the Association when necessary and such other needs as
may arise.
I£ Declarant performs any of the foregoing services for Association, including, but not limited to,
accounting and bookkeeping services, it shall have the right to receive a reasonable fee therefor and such
shall not be deemed to be a conflict of interest.
Section 2. Amount and Payment of Annual Assessment. The initial annual assessment payable
by each Owner shall be $2,268.00 per Lot per calendar year. Upon the closing of the initial sale of each
Lot by Declarant, the purchaser of each Lot shall pay to the Association a capital contribution equal to
1/6th of the then applicable Annual Assessment. The annual assessments shall not commence as to any
Lot until the earlier of (i) nine (9) months after the conveyance of such Lot by the Declarant; (ii) the
conveyance of such Lot by the grantee of the Declarant; or (iii) the issuance by such appropriate
governmental agency or authority a certificate of occupancy or compliance with respect to the Dwelling
constructed on such Lot.
Section 3. Operating Budget. Declarant has prepared the initial budget of the Association upon
which the initial annual assessment is based, and copy is available to any Owner upon written request. It
will be the duty of the Board of Directors at least sixty (60) days prior to the first day of the Association's
first full fiscal year following the recording of this Declaration, and each fiscal year thereafter, to prepare
a budget covering the estimated Common Expenses during the coming year, such budget to include a
reserve account, if necessary, for the capital needs of the Association. Each Lot shall be equally
responsible for its proportionate share of the total annual assessments, subject to Section 2 of this article.
(a) Notice of Proposed Annual Assessment, Ratification. Pursuant to N.C. Gen. Stat.
§ 47F-3-103(c), within thirty (30) days after the Board of Director's adoption of any budget for
the next fiscal year of the Association, but in all events at least thirty (30) days prior to the first
day of the fiscal year for such budget, the Board of Directors will provide to all of the Owners a
summary of such budget and a notice of the meeting to consider ratification of such budget,
including a statement that such budget may be ratified without a quorum being present at the
meeting and that such budget will be ratified unless at the meeting, the Owners entitled to cast
sixty-seven percent (67%) of the votes of the Association reject such budget. Such meeting shall
be held on a date and time selected by the Board of Directors not less than ten (10) nor more than
sixty (60) days after mailing of such summary of the budget and notice.
Waterway Cove Declaration of Protective Covenants Page 22

(b) Disapproval of Annual Budget. If the proposed budget is disapproved or if the
Board of Directors fails for any reason to determine an annual budget and to set the annual
assessments, then and until such time as a budget and annual assessment will have been
determined as provided herein, the budget and annual assessments will be the budget and annual
assessments for the previous fiscal year.
Section 4. General Provisions Regarding Assessments.
(a) If two Lots are combined into one Lot, the Owner(s) of the resulting Lot shall
pay an Assessment for each of the original Lots as if they had not been combined.
(b) Each annual assessment shall be fully payable in advance on the I' day of
January each year; provided, however the Board of Directors shall have the option to permit
payments of Assessments in such installments and at such times as it shall determine. The exact
amount of each annual assessment shall be fixed by the Board of Directors.
(c) The Association shall, upon request at any time and the payment of any
applicable fee, furnish to any Owner liable for any Assessment a certificate in writing, signed by
an officer of the Association or by the Association manager, setting forth whether said
Assessment has been paid. Such certificate shall be in recordable form and shall be conclusive
evidence of the payment status of any Assessment therein stated to have been paid. The
Association shall have the right to assess a fee as established by the Board of Directors not to
exceed $100 to defray the costs of providing such certificate.
(d) Both annual assessments and special assessments must be fixed at a uniform rate
for all Lots subject to collection of the annual assessment.
Section 5. Special Assessments for Insurance and Capital Improvements. The Association may
also levy, in any fiscal year, a special assessment applicable to that year only, for the purpose of defraying
unanticipated increases in insurance costs and for unexpected costs associated with the repair or
replacement of a described capital improvement upon the Common Area, including the necessary fixtures
and personal property related thereto, or for any other unexpected expenses, capital or ordinary, of the
Association consistent with the purposes of the Association provided that any such assessment shall have
the assent of at least fifty-one (51%) percent of the votes of each class of Members who are voting in
person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all
Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. The due
date of any specified assessment shall be fixed in the resolution authorizing such special assessment.
Section 6. Individual Assessment. The Association may levy an individual assessment upon any
Owner to cover the costs incurred by the Association due to the Owner's failure to maintain its Lot and
Improvements pursuant to the standards or requirements set forth in this Declaration, to reimburse the
Association for any damage to any Common Area caused by any Owner or their tenant or invitee, or for
any other purpose permitted by this Declaration or any supplemental Declaration (the "Individual
Assessments"). Individual Assessments shall be due and payable within thirty (30) days after written
notice from the Association.
Section 7. Paid Professional Manager. The Board of Directors may employ a professional
manager or managerial firm to supervise all the work, labor, services and material required in the
operation and maintenance of the Common Area and in the discharge of the Association's duties.
Waterway Cove Declaration of Protective Covenants Page 23

Section 8. Effect of Non -Payment of Assessment; Personal Obligation of the Owner; Remedies
of Association. If any Assessment (or reimbursement of any sum due the Association under this
Declaration) or installment thereof is not paid within thirty (30) days after the due date, then such
Assessment or reimbursement shall be deemed delinquent and shall, together with such interest thereon
and cost of collection thereof (including reasonable attorneys' fees) as are hereinafter provided, continue
as a lien on the Lot(s) which shall bind such Lot(s) in the hands of the Owner, its heirs, devisees, personal
representatives, successors and assigns.
Any delinquent Assessment (or reimbursement obligation as aforesaid) or installment thereof will
incur a late charge in an amount as may be determined by the Board of Directors from time to time, but
not to exceed the greater of twenty dollars ($20.00) per month or ten percent (10%) of the amount of the
unpaid Assessment or reimbursement obligation or installment thereof and will also commence to accrue
simple interest at the rate of eighteen percent (18%) per annum or the highest rate permitted by law. The
Board of Directors, at its discretion, may also accelerate the remainder of the annual assessment that is
due.
The Association may bring legal action against the then Owner personally obligated to pay the
delinquent Assessment, reimbursement obligation or installment thereof or may enforce and/or foreclose
the lien against the Lot(s) pursuant to the provisions of the Act; and in the event a judgment is obtained,
such judgment shall include interest on the assessment or reimbursement as above provided and
reasonable attorneys' fees and late charges together with the costs of the action. Each Owner, by his
acceptance of s. deed to a Lot, expressly grants to and vests in the Association or its agents the right and
power to bring such action or foreclosure. The Association, acting on behalf of the Owners, shall have the
power to bid on any Lot and to acquire and hold, lease, mortgage and convey the same. A suit to recover
money for unpaid Assessments and other charges is maintainable without foreclosing or waiving the lien
securing same. NO OWNER MAY WAIVE OR OTHERWISE ESCAPE LIABILITY FOR THE
ASSESSMENTS PROVIDED FOR HEREIN BY NON-USE OF THE COMMON AREA OR
ABANDONMENT OF ITS LOT. On behalf of the Association, the Board of Directors shall have the
authority to compromise and settle claims for Assessments and collection of other sums due the
Association upon a majority vote of the directors upon good cause shown.
Section 9. Subordination of the Lien to Mortgages and Ad Valorem Taxes. The lien provided for
this article is prior to all liens and encumbrances on a Lot except (i) liens and encumbrances (specifically
including, but not limited to, a mortgage or deed of trust on the Lot) recorded before the docketing of the
claim of lien in the office of the clerk of superior court, and (ii) liens for real estate taxes and other
governmental assessments and charges against the Lot. Sale or transfer of any Lot shall not affect the lien
provided for in this article, however, the sale or transfer of any Lot pursuant to a mortgage or tax
foreclosure proceeding, the lien of which mortgage or tax is senior to the lien provided for in this article,
shall extinguish the lien provided for in this article as to payments which became due prior to such sale or
transfer, but shall not abate the personal obligation of the prior Owner.
Section 10. Assessments Upon Sale or Transfer of a Lot. No Owner of a Lot shall be liable for
the payment of any part of the Assessments assessed against his Lot subsequent to a consummated sale,
transfer or other conveyance by him (made in accordance with the provisions of this Declaration and
applicable restrictions of record) of such Lot. A purchaser of a Lot shall be jointly and severally liable
with the seller for the payment of the Assessments assessed against such Lot (together with attendant
charges, interest, late fees and costs of collection) prior to the acquisition by the purchaser of such Lot,
without prejudice to the purchaser's right to recover from the seller the amounts paid by the purchaser
therefor; provided, that a purchaser of a Lot at a foreclosure sale of such Lot shall not be liable for, and
such Lot shall not be subject to, a lien for the payment of Assessments (and attendant charges, interest,
late fees and costs of collection) assessed prior to such foreclosure sale to the extent that the lien of that
Waterway Cove Declaration of Protective Covenants Page 24

being foreclosed is senior to the lien of the Assessments, and such unpaid Assessments shall be deemed to
be a Common Expense collectible from all of the Owners, including such purchaser of such foreclosed
Lot.
Section 11. Exempt Proms All Common Area and all proper'iy dedicated to, and accepted by,
a local public authority is be exempted from the Assessments, charges and liens created herein.
Article IX
Stormwater Management; Permits
Section 1. Compliance with Stormwater Management. All construction within the Subdivision
shall comply with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulation, which is
intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8
070544MOD issued by the Division of Water Quality under Title 15A NCAC 2H.1000 applicable to wet
detention ponds in the Subdivision (the "Permif'). Each wet detention pond includes a specified drainage
area that limits the area that may be built upon with impervious surfaces (each a "Drainage Area"). The
built -upon area ("BUA") of each Lot within each approved Drainage Area must be limited so the overall
maximum allowable BUA for that Drainage Area is not exceeded.
(a) Stormwater Restrictions. The ARC shall implement, comply with and enforce the
following standards with respect to the exercise of its powers and the review and approval of all
Improvements to be developed, constructed and reconstructed in the Subdivision.
(i) The ARC shall have the authority to review and approve, or disapprove
as needed, Lot plans and to establish the BUA limit for each Lot based on the approved
Permit BUA allowances for each Drainage Area. (See paragraph (b) of Section 4 of this
article.) The ARC shall remain a viable entity and may not be dissolved or relieved of its
authority with respect to setting and tracking BUA requirements and compliance unless
and until a Permit transfer of ownership, submitted by the current Permit holder, is
approved by the North Carolina Division of Water Quality (the "DWQ").
(ii) The ARC shall monitor and track each Lot's BUA and will provide to
DWQ every six (6) months an updated list of each Lot's recorded BUA. Upon
assignment of all BUA for each Lot in the Subdivision within the permitted areas, a final
list of recorded BUA for each Lot will be provided to DWQ. The ARC shall ensure that
the total proposed BUA within each Drainage Area complies with the permitted
maximum BUA for the Drainage Area in which the Lot is located. As outlined in the
Permit:
Maximum Allowable BUA for Drainage Area #1 is 634,964 ft
Maximum Allowable BUA for Drainage Area #2 is 337,903 ft
The amount of BUA allocated to a Lot shall be at the sole discretion of the ARC, subject
to the requirements of the Permit, and, by purchasing a Lot, each Lot Owner agrees to
comply with the maximum BUA established for the Lot by the ARC.
(iii) The ARC shall not modify or approve a change to any Drainage Area
from the approved plans for the Drainage Area without prior approval of DWQ. The
process for acquiring this approval will be through the submittal of an application for a
Permit modification.
Waterway Cove Declaration of Protective Covenants Page 25

(iv) The covenants set forth in this Declaration are intended to ensure
ongoing compliance with the Permit. The State of North Carolina is hereby made a
beneficiary of the covenants in this Section 1 to the extent necessary to maintain
compliance with the Permit.
(b) Enforcement. T he failure of any Owner to comply with a provision of this
Section 1 shall provide the Association the right to bring legal action at law or in equity, including
an action for injunctive relief, damages or a combination thereof to enforce the provisions hereof
against the violating Owner. All costs and expenses incurred by the Association in terminating or
resolving a violation of the covenants and restrictions set forth in this section, inclusive of
reasonable attorneys' fees (whether or not litigation is instituted) and court costs shall be the
responsibility of the Owner determined by the ARC to be in violation. Collection of such
reasonable attorneys' fees, costs and damages may be enforced by any method described in this
Declaration, including, but not limited to providing for the collection of same through an
Individual Assessment, by a civil action to collect the debt, or as otherwise provided by law.
Failure by the ARC to enforce any provision contained in this section may never be deemed a
waiver of the right to do so thereafter or preclude any other person or entity a beneficiary of the
covenants and restrictions set forth in this section, including DWQ, from enforcing such violation
pursuant to this section. All rights and remedies set forth in this section are in additional to, and
not exclusive of, all rights and remedies that may be enforced by the ARC, the Association and/or
any Owner as provided in this Declaration.
Section 2. Compliance with Wetland and Buffer Regulations.
In accordance with Title 15A NCAC 2H .500, it has been determined that portions of the open
space area located in the Waterway Cove Subdivision, Brunswick County, North Carolina, as
shown on plans prepared by The John R. McAdams Company meet the requirements for the
designation as a wetland, stream, or protected stream buffer. The areas shown in the recorded
plat Waterway Cove, , recorded at the Register of Deeds Brunswick
County as conservation areas shall be maintained in perpetuity in their
natural or mitigated condition. No person or entity shall perform any of the following activities
on such conservation area:
(a) fill, grade, excavate or perform any other land disturbing activities;
(b) cut, burn, remove, or harm any vegetation;
(c) construct or place any roads, trails, walkways, buildings, mobile homes, signs,
utility poles or towers, or any other permanent or temporary structures;
(d) drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area;
(e) dump or store soil, trash, or other waste; and
(f) graze or water animals, or use for any agricultural or horticultural purpose.
The covenants in this section are intended to ensure continued compliance with mitigation
conditions of a Clean Water Act authorization issued by the United States Army Corps of
Engineers, Wilmington District, and therefore may be enforced by the United States of America.
The covenants in this section run with the land and shall be binding on the Owner and all parties
claiming use of it. This language cannot be amended without the express written consent of the
U.S. Army Corps of Engineers, Wilmington District. U.S. Army Corps of Engineers, reference
Permit # 197800056 (COE Action ID No. 2006-41576-010) issued 11/21/07.
Waterway Cove Declaration of Protective Covenants P2r. 26

Section 3. Notice of Land Use Restrictions. Land use on private lots is subject to federal,
state, and local laws and regulations. Some uses may be restricted due to inclusion of, or proximity to,
land or waters with the following designations: wetlands, flood prone areas, areas of environmental
concern, outstanding resource waters, primary nursery areas, and Neuse River Basin SA stream
classification. Other designations or restrictions may apply.
All property within the Subdivision is subject to the conditions of the following permits which have been
issued to Declarant and approved for the project:
(a) Wastewater Treatment Permit # WQ0012748
(b) Wastewater Collection System # WQ0032347
(c) NCDOT Driveway Access Permit # B-1506
(d) NCDOT Encroachment Permit # E-10-07-131
(e) CAMA Permit # 179-07
(f) Storm Water Permit # SW6 070544MOD
(g) State Water Extension Approval # NC0410045
(h) Erosion & Sediment Control # BRUNS-2008-031
Article X
Exterior Maintenance, Reasonable Access and Maintenance of Common Area
Section 1. Exterior Maintenance. Subject to Section 2 of this article and unless specifically
stated to be an obligation of the Association pursuant to this Declaration, the Owner of each Lot, at such
Owner's sole cost and expense, shall maintain its Lot, including improvements thereon, in a safe, clean
and attractive conditions at all time, including, but not limited to:
(a) maintenance of the Dwelling and all other structures;
(b) prevention of conditions that could result in an unsightly or unkept appearance of
the Dwelling, structures and grounds that tend to substantially decrease the beauty of the
neighborhood as a whole or the specific area;
(c) prompt removal of all litter, trash, refuse and waste;
(d) maintenance and replacement of plants, flower beds and landscaping that is not
the obligation of the Association to so maintain and replace under Section 2 of this article;
(e) maintenance of exterior lighting and mechanical facilities;
(f) maintenance of parking areas and driveways;
(g) maintaining adequate soil erosion controls;
(h) maintenance so as to comply with the covenants and restrictions of Article IX;
G) to the extent not adequately maintained by applicable governmental authority, the
Association or a public utility provider, maintenance of the sidewalk, driveway, driveway apron
and utility laterals serving such Owner's Lot even if located on Common Area.
Waterway Cove Declaration of Protective Covenants page 27

Each Owner shall perform the foregoing responsibilities in a manner that does not unreasonably
disturb or interfere with the reasonable enjoyment by the other Owners of their portions of the
Subdivision.
If any Owner fails to perform any of the maintenance responsibilities set forth in this section, then
the Association may give such Owner written notice of such failure, and the Owner shall, within thirty
(30) days after such notice is given, perform the required maintenance. If such Owner fails to perform
same within the allotted time period, then the Association, acting through its authorized agents, shall have
the right and power, but not the obligation, to enter such Owner's Lot and perform such maintenance, at
the expense of such Lot Owner and without any liability for damages for wrongful entry or trespass. The
cost of any of the work performed by the Association as aforesaid is immediately due and owing from the
Owner of the Lot and constitute an Individual Assessment against the Lot on which the work was
performed, collectible in a lump sum.
Section 2. Maintenance and Landscaping of Lots. The Association shall maintain and replace
trees, shrubs, grass and other plantings or landscaping on each Lot, including in any Buffer Area, to the
extent that such (i) were a part of the original landscaping plan or landscaping installed on such Owner's
Lot; (ii) were added by the Association to the landscape of the Lot; and (iii) were added by the Owner of
such Lot and submitted to and approved by the ARC pursuant to Article IV. The maintenance obligation
of the Association set forth in this section includes, but is not limited to, the application of fertilizer,
reseeding and replacement of grass, shrubs, trees and other plantings on such Lot, and extends to the
portion of any Common Area and/or public street right-of-way located between the boundary lines of
each Lot and to the portion of any Common Area located between the boundary line of each Lot and the
shore of any lake, pond, water retention area, stream or other body of water located within Common Area.
The Association shall maintain landscaped and grassed areas on each Lot for which it is responsible so as
to keep all vegetation in a healthy condition. Landscaping as approved by the ARC is to be installed prior
to occupancy of the Dwelling on such Lot; occupancy of a Dwelling prior to completion of landscaping
shall require the written approval of the ARC, shall be for good cause only, and shall be no earlier than
ninety (90) days prior to completion of landscaping.
In order to enable the Association to accomplish the foregoing, it is reserved to the Association
the right, privilege and easement of unobstructed access over and upon each Lot at all reasonable times to
perform the maintenance as required in this section. The Owner shall not (i) place any furniture or place
or construct any Improvements on the Lot that will interfere with the Association's maintenance
obligations of this section, or (ii) plant any vegetation on the Lot, except in each case upon the submission
to and approval by the ARC pursuant to Article IV. The ARC may condition the approval of the fencing
in of any area on a Lot or the erection of any Improvements on a Lot with the ceding of the obligation to
maintain the trees, shrubs, grass and other plantings affected by such, upon which such maintenance
obligation shall become borne solely by the Owner of such Lot. No maintenance by an Owner of such
plantings shall reduce the assessment payable by such Owner to the Association.
Section 3. Access at Reasonable Hours. For the purpose of performing its function under this or
any other article of the Declaration, and to make necessary surveys in connection therewith, the
Association, by its duly authorized agent and employees, or Declarant while Declarant is a Class B
Member, may enter upon any Lot at reasonable hours on any day on reasonable prior notice.
Section 4. Maintenance of Common Area. It shall be the responsibility of the Association to
maintain the Common Area. However, should Declarant ,prior to conveyance to the Association, or the
Association thereafter decide to transfer any portion or all of the areas designated or to become, by
conveyance, Common Area to a governmental authority otherwise consistent with this Declaration, such
Waterway Cove Declaration of Protective Covenants page 28

duty to maintain same shall cease as to that portion so transferred upon acceptance of maintenance thereof
by such governmental authority.
Section 5. Removal of Obstructions, Debris, and Materials. The Association may remove any
obstruction of any nature located within the road right-of-ways or other Common Area, including trees
and shrubs which, in the opinion of the Association, either might produce a hazard or might interfere with
the maintenance of the roads.
Article XI
Phased Development
Section 1. Initial Phase. The real property which is, and shall be held, transferred, sold,
conveyed and occupied subject to this Declaration and known as Phase I -A is located in Brunswick
County, North Carolina, and is more particularly described on Exhibit A attached hereto and made a part
and parcel hereof.
Section 2. Additional Phases. From the date of the recordation of this Declaration until a date
that is the earlier of (i) ten (10) years thereafter or (ii) the Turnover Date, Declarant may, at its option,
from time to time subject other lands contiguous to that presently subject to this Declaration to the
provisions of this Declaration by recording a Supplemental Declaration(s), describing the lands to become
subject to this Declaration. Declarant may incorporate such additional land under the provisions hereof in
any number of additional phases as it may so desire and may, in its discretion, change the character or
nature of such future phases, including but not limited to changing the architectural theme, building
materials, elevations, and minimum square footage requirements for buildings. The annexation of
additional lands and the execution and recording of such Supplemental Declaration(s) to effect same shall
not require the vote or consent of the Association or any Owner, and any such Supplemental
Declaration(s) shall be effective upon the filing thereof in the public records of Brunswick County, North
Carolina. Upon Declaran"s election to incorporate additional real estate hereunder, all of such real estate
so incorporated shall be as fully covered hereby as if a part of the original Subdivision, and all lands so
annexed shall be subject to all the declarations, covenants, easements, liens, restrictions and duties as
herein contained, together with such additional restrictions and obligations as Declarant may impose on
the lands being submitted to the provisions of this Declaration by such Supplemental Declaration(s).
Declarant shall have no obligation to develop any land adjoining the Subdivision in accordance with this
Declaration and may develop same in any manner it may desire and further, Declarant, if it should decide
to develop any additional land located adjacent to the Subdivision, in its sole discretion, shall have no
obligation to make same a part of the Subdivision or subject to this Declaration. DECLARANT IS
UNDER NO OBLIGATION TO DEVELOP ADDITIONAL PHASES AND NONE OF THE
REMAINING PORTION OF THE PROPERTY DESCRIBED HEREIN SHALL BE DEEMED A
PART OF ANY SCHEME OF DEVELOPMENT UNIT ACTUALLY BROUGHT UNDER THESE
RESTRICTIONS AS HEREIN PROVIDED.
Section 3. Reservation of Additional Easement and Rights. Declarant reserves as developer (and
all conveyances by Declarant to Association of Common Area shall be deemed to automatically reserve)
easements over, under and across all Common Area for ingress and egress and for construction and
completion of construction and development of future phases including, without limitation, easements for
the installation, construction, reconstruction, repair, maintenance and operation of all utility services, such
easements to be in addition to and not in lieu of any other rights or easements reserved by Declarant
herein or in any supplement hereto or any other conveyance by or to Declarant or its predecessors in title.
Waterway Cove Declaration of Protective Covenants Page N

Section 4. Extension of Roads. Declarant shall have the right, but shall have no obligation, to
extend any street or road now or hereafter within the Subdivision without seeking the approval of
Association or any other party, for the purpose of serving additional phases of the Subdivision and/ or for
serving other parcels of property not included within the Subdivision.
Section 5. Voting Rights. As each phase, if any, is added to the Subdivision, the Lots comprising
such additional phase shall be counted for the purpose of voting rights.
Section 6. Identification of Additional Phases. Nothing in this Declaration shall prohibit
Declarant from naming or identifying any phase or portions thereof by a name other than "Waterway
Cove" and any such other designation shall in no way prejudice the rights or obligations under this
Declaration of any Owner of any Lot in any such section or phase.
ARTICLE XII
Rights of Morteasees
Should a mortgagee or third party acquire the rights of Declarant, by way of foreclosure or
otherwise in adjoining or neighboring property contiguous to the property subject to this Declaration, as
same may exist from time to time, such mortgagee or third party shall be allowed full use of all rights,
easements, rights -of -way and utilities contained within the Subdivision as was permitted or granted to
Declarant for the purpose of serving such adjoining or neighboring areas.
ARTICLE XM
Insurance and Casualty Losses
Section 1. Insurance. The Board of Directors, or its duly authorized agent, shall obtain and
maintain blanket all-risk insurance, if reasonably available, for all insurable improvements on the
Common Areas. If blanket all-risk coverage is not reasonably available, then, at a minimum, an insurance
policy providing fire and extended coverage shall be obtained. This insurance shall be in an amount (as
determined by the insurance underwriter) sufficient to cover one hundred (100%) percent of the
replacement cost of any repair or reconstruction in the event of damage or destruction from any insured
hazard.
The Board of Directors shall also obtain a public liability policy covering the Common Areas, the
Association, and its Members (to the extent of such Member's insurable interest) for all damage or injury
caused by the negligence of Association or arising out of the use, ownership or maintenance of the
Common Areas. The public liability policy shall have at least a $1,000,000.00 single person limit with
respect to bodily injury and property damage, a $3,000,000.00 limit per occurrence, and a $500,000.00
property damage limit.
Premiums for all insurance required or permitted under this article and all insurance deductibles
of policies carried by the Association is a Common Expense. The policies may contain reasonable
deductibles and the amount thereof shall be added to the face amount of the casualty policy in
determining whether the insurance at least equals the full replacement cost. Declarant shall be named as
an additional insured on all policies obtained by the Association for as long as it is a Class B Member.
All such insurance coverage obtained by the Board of Directors is to be written in the name of the
Association as trustee for the benefited parties, and shall otherwise comply with the provisions of N.C.
Waterway Cove Declaration of Protective Covenants Page 30

Gen. Stat. § 4717-3-113(c). Exclusive authority to adjust losses under policies in force on the Common
Areas obtained by Association is vested in Board of Directors. The Board of Directors is further required
to make every reasonable effort to secure insurance policies that will provide for the following: (i) that no
policy may be canceled, invalidated, or suspended on account of the conduct of any director, officer, or
employee of Association or its duly authorized manager without prior demand in writing delivered to
Association to cure the defect and the allowance of a reasonable time hereafter within which the defect
may be cured by Association or its property manager; and (ii) that no policy may be canceled or
substantially modified without at least ten (10) days' prior written notice to Association.
In addition to the other insurance required by this section and by law, the Board of Directors shall
obtain worker's compensation insurance, if and to the extent necessary, and a fidelity bond or bonds on
directors, officers, employees, and other persons handling or responsible for the Association's funds,
provided that no fidelity bond shall be required as long as Class B membership exists. The amount of
fidelity coverage is to be determined in the Board of Directors' sound business judgment, but may not be
less than the sum of three (3) months' of the annual assessments and reserves on hand. Bonds shall
contain a waiver of all defenses based upon the exclusion of persons serving without compensation and
may not be cancelled or substantially modified without at least ten (10) days' prior written notice to the
Association.
The Association may purchase officers' and directors' liability insurance, if reasonably available,
and the Board of Directors approves the purchase of same.
Section 2. Disbursement of Proceeds. Proceeds of insurance policies shall be disbursed as
follows:
(a) If the damage or destruction for which the proceeds are paid is to be repaired or
reconstructed, the proceeds, or such portion thereof as may be required for such purpose, shall be
disbursed in payment of such repairs or reconstruction as hereinafter provided. Any proceeds
remaining after defraying such costs of repairs or reconstruction to the Common Area or, in the
event no repair or reconstruction is made, shall be retained by and for the benefit of Association
and placed in a capital improvements account.
(b) If it is determined, as provided in Section 4 of this article, that the damage or
destruction to the Common Area for which the proceeds are paid shall not be repaired or
reconstructed, such proceeds shall be disbursed in the manner provided for excess proceeds in
paragraph (a) of this section; provided, however, repair or replacement of the affected Common
Area must occur unless prohibited or illegal by law or governmental rule or regulation or as
otherwise provided by paragraph (b) of Section 3 of this article.
Section 3. Damage and Destruction.
(a) Immediately after the damage or destruction by fire or other casualty to all or any
part of the Common Area covered by insurance written in the name of Association, the Board of
Directors, or its duly authorized agent, shall proceed with the filing and adjustment of all claims
arising under such insurance and obtain reliable and detailed estimates of the cost of repair or
reconstruction of damaged or destroyed Common Areas. Repair or reconstruction, as used in this
article, means repairing or restoring the Common Areas to substantially the same condition in
which they existed prior to the fire or other casualty.
(b) Any damage or destruction to the Common Area shall be repaired or
reconstructed unless the Members representing at least eighty (80%) percent of the total vote of
Waterway Cove Declaration of Protective Covenants Page 31

the Association, shall decide not to repair or reconstruct. No mortgagee shall have the right to
participate in the determination of whether the Common Area damaged or destroyed shall be
repaired or reconstructed.
(c) If it should be determined in the manner described above that the damage and
destruction shall not be repaired or reconstructed and no alternative improvements are authorized,
then, and in that event, the affected portion of the Common Area shall be restored to a condition
compatible with the remainder of the Subdivision.
Section 4. Repair and Reconstruction. If the damage or destruction for which the insurance
proceeds are paid is to be repaired or reconstructed, and such proceeds are not sufficient to defray the cost
thereof, the Board of Directors shall, without the necessity of a vote of the Members, levy a special
assessment against all Owners in proportion to the number of .Lots owned; provided, if the damage or
destruction involves only a Lot or Lots, only Owners of the affected Lot(s) shall be subject to such special
assessment. Additional special assessments may be made in like manner at any time during or following
the completion of any repair or reconstruction.
ARTICLE XIV
General Provisions
Section 1. Enforcement. Declarant, the Association or any Owner shall have the right to enforce,
by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this Declaration except as expressly otherwise
provided by this Declaration and shall have the right to proceed at law or in equity to compel a
compliance to the terms hereof or to prevent the violation or breach in any such event or to recover
damages. The failure. to enforce any rights, reservation, restriction, or condition contained in this
Declaration, however long continued, shall not be deemed a waiver of the right to do so hereafter as to the
same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its
enforcement. Should Declarant or Association employ counsel to enforce any of the foregoing covenants,
condition, reservations, or restrictions because of a breach of the same, all costs incurred in such
enforcement, including a reasonable attorneys' fee for Declarant/Association's counsel, shall be paid by
Owner of such Lot or Lots in breach thereof. Any amount assessed hereunder shall constitute an
Individual Assessment on such Lot and shall be enforceable as herein provided. Notwithstanding the
foregoing, the Association, through the Board of Directors, shall have the exclusive authority to enforce
the Rules and Regulations and the Architectural Review Guidelines.
Section 2. Fines and Association Administrative Proceedings. In addition to all other remedies,
in the sole discretion of the Board of Directors, the Board of Directors may impose a reasonable fine or
fines upon an Owner for failure of an Owner, his/her family, guests, invitees, lessees or employees to
comply with any covenant, restriction, rule, or regulation contained in this Declaration, the Rules and
Regulations, the Architectural Review Guidelines and/or bylaws of the Association pursuant to the
applicable notice and hearing procedures set forth in the Act, including, but not .limited to N.C. Gen. Stat.
§§ 4717-3-101(11), 47F-3-107(d) or 47F-3-107.1, or such successor statutes. Once imposed, fines shall be
treated as an Individual Assessments subject to the provisions for the collection of assessments. The
Association may conduct any administrative proceedings permitted or provided for under the Declaration,
the Act or as otherwise provided by law, including without limitation, the right of the Association, after
notice and an opportunity to be heard, (i) to impose reasonable fines for violations of the Declaration,
bylaws, Rules and Regulations and/or the Architectural Review Guidelines, or (ii) to suspend privileges
or services provided by the Association (except rights of access to Lots) for reasonable periods for such
violations or during any period that Assessments or other amounts due and owing to the Association
Waterway Cove Declaration of Protecttve Covenants Page 32

remain unpaid for a period of thirty (30) days or longer. Prior to pursuing the imposition of a fine or the
suspension of privileges or services as allowed by the Act and as provided herein, the offending Owner
will be notified and given ten (10) days in which to cure his violation or nonpayment. If the violation or
nonpayment is not cured within this ten (10) day period, a hearing shall be held before the Board of
Directors or an adjudicatory panel appointed by the Board of Directors to determine if the offending
Owner should be fined or if privileges or services should be suspended. The offending Owner charged
shall be given notice of the charge, an opportunity to be heard and to present evidence and notice of the
decision. If it is decided that a fine should be imposed, a fine not to exceed $100.00 may be imposed for
the violation and without further hearing, for each day more than five (5) days after the decision that the
violation occurs. Fines imposed shall be Individual Assessments secured by liens under N.C. Gen. Stat.
§ 47-3-116. If it is decided that a suspension of privileges or services should be imposed, the suspension
may be continued without further hearing until the delinquency is paid if imposed pursuant to N.C. Gen.
Stat. § 47-3-102(11) or until the violation is cured or sixty (60) days, whichever is longer, if imposed
pursuant to N.C. Gen. Stat. § 47-3-102(12). The Association may institute actions or proceedings
permitted by law or the Act to collect any sums due and owing to it.
Section 3. Responsibility and Rights of Declarant. Declarant herein shall not in any way or
manner be liable or responsible for any violation of this Declaration, the Rules and Regulations or the
Architectural Review Guidelines by any person other than itself. In addition, nothing contained in this
Declaration shall be deemed to be a representation by Declarant with regard to the requirements of any
governmental authority and it shall be the duty of each Owner to comply with any such requirements in
addition to the provisions of this Declaration. Declarant reserves the right in addition to all other rights of
Declarant, to assign its right of consent and approval as set out in this Declaration and any amendment
hereto or supplement thereof, to the Association, or any assignee of Declarant's development rights. At
such time as Declarant no longer owns any Lots or property in the Subdivision, any right of approval
reserved to Declarant by this Declaration shall be exercised by the Association.
Section 4. Rule Against Perpetuities. If any of the provisions under this Declaration are declared
void by a court of competent jurisdiction by reason of the period of time herein stated for which the same
shall be effective, then, in the event such term shall be reduced to a period of time which shall not violate
the rule against perpetuities or any other law of the State of North Carolina, and such provision shall be
fully effective for said reduced period of time.
Section 5. Binding Effect; Duration. All covenants, conditions, limitations, restrictions,
easements, and affirmative obligations set forth in this Declaration shall be binding upon the Owners and
their respective heirs, successors, and assigns, and run with the land for a term of twenty (20) years from
the effective date of this Declaration, after which time, they shall be automatically extended for unlimited,
successive periods of ten (10) years unless terminated by agreement of Owners to which at least ninety
percent (90%) of the votes in the Association are allocated.
Section 6. References. In construing the provisions of this Declaration, (i) references to articles
and sections refer to the articles and sections in this Declaration unless the context otherwise requires; (ii)
the use of gender includes all other genders; (iii) the use of the singular includes the plural; and (iv) the
use of the plural includes the singular.
Section 7. Notice. Any notice required to be sent to any Member or Owner under the provisions
of this Declaration shall be deemed to have been properiy sent (i) when personally delivered to such
Owner or Member; (ii) mailed, postpaid, to the last known address of the person who appears as Member
or Owner of the records of Association or on the official property tax records of the Brunswick County
Tax Assessor at the time of such mailing; or (iii) to the extent that an Owner or Member expressly
Waterway Cove Declaration of Protective Covenants Page 33

consents, via electronic transmission to an email or other electronic address as such Owner or Member
shall provide to the Association from time to time.
Section 8. Severability. Each and every covenant and restriction contained herein is considered
to be an independent and separate covenant and agreement, and if any one or more of such covenants or
restrictions shall, for any reason, be held to be invalid or unenforceable, all of the remaining covenants
and restrictions shall nevertheless remain in full force and effect.
Section 9. Amendment. This Declaration, and the covenants, restrictions, easements, charges
and liens set forth herein, may be amended or changed at any time and from time to time by the
affirmative vote or written agreement signed by Owners of Lots to which at least sixty-seven percent
(67%) of the votes in the Association are allocated. The foregoing notwithstanding, however, until the
Turnover Date, this Declaration may not be amended, changed or terminated without Declarant's consent.
In addition, no amendment, change or modification of the rights and privileges granted and reserved
hereunder in favor of Declarant or of the obligations imposed herein on Declarant shall be made without
the written consent of Declarant. Notwithstanding the foregoing, Declarant may, prior to the Turnover
Date, and thereafter, the Board of Directors may, amend this Declaration as shall be necessary, in its
opinion, (i) to correct obvious errors and omissions herein or (ii) to qualify the Association or the
Subdivision, or any portion thereof, for tax-exempt status as contemplated under this Declaration, in each
case, without the consent of any of the other Owners. No amendment to this Declaration shall be effective
until executed and recorded in the office of the Brunswick County Register of Deeds.
Section 10. Amendment of Declaration Without Approval of Owners. Notwithstanding Section
9 of this article, so long as it owns any portion of the Subdivision, Declarant, without the consent or
approval of any other Owner, shall have the right to amend this Declaration:
(a) to conform to the requirements of any law or governmental agency having legal
jurisdiction over the Subdivision;
(b) to enable any reputable title insurance company to issue title insurance coverage
with respect to any properties subject to this Declaration;
(c) to qualify the Subdivision or any Lots and improvements thereon for mortgage or
improvement loans; or
(d) to annex additional property to the Subdivision or make further property subject
to this Declaration pursuant to Article XI.
A letter from an official of any such governmental Agency, including without limitation, the
Veterans Administration, the Department of Housing and Urban Development, the Federal Home Loan
Mortgage Corporation, the Governmental National Mortgage Association or the Federal National
Mortgage Association, requesting or suggesting an amendment necessary to comply with the
requirements of such agency shall be sufficient under paragraphs (a) or (c) of this section to support the
execution of such an amendment. Such amendment shall become effective upon the date of its recordation
in the Office of the Register of Deeds.
Section 11. Changes to Plans for the Subdivision. Nothing contained 'herein shall be deemed to
incorporate, by reference or otherwise, any plans or proposals promulgated by Declarant with respect to
the development of the Subdivision, and Declarant, subject to the covenants, conditions and restrictions
contained in this Declaration and any Supplemental Declaration, reserves the right to change any plans for
Waterway Cove subdivision at any time and from time to time as Declarant may determine to be
Waterway Cove Declaration of Protective Covenants Page 34

necessary based upon Declarant's continuing research and design program and/or market conditions. Any
plans for Waterway Cove subdivision shall not bind Declarant or its successors and assigns to adhere to
such plans in the development of the Subdivision or any part thereof.
Section 12. Effective Date. This Declaration shall become effective upon its recordation in the
Office of the Register of Deeds for Brunswick County, North Carolina.
1N W11NESS WHEREOF, Declarant, Waterboro Village Management, LLC, has caused this
instrument to be executed by its duly authorized manager on )2010.
WAT)ERBORO VILLAGE MANAGEMENT LLC
a North Carolina limited liability company
Lo
STATE OF NORTH CAROLINA
COUNTY OF
Stephen H. Clark, Manager
I certify that the following person(s) personally appeared before me this day, and each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated
therein:
Stephen H. Clark, manager of Waterboro Village Management, LLC
Witness my hand and official stamp or seal, this the _ day of _ , 2010.
My Commission Expires:
Notary Public
Waterway Cove Declaration of Protective Covenants Page 35

CONSENT
Bank of America, N.A., a national banking association, hereby joins in the execution of this
Declaration for the sole purpose of consenting to the restrictions, easements and other matters set forth
herein and to subordinate the liert and priority of that certain Deed of Trust, Assignment, Security
Agreement and Fixture Filing dated as of February 26, 2007, by Declarant for the benefit of Bank of
America, N.A. recorded in Book 2561, Page 565, Brunswick County Registry, as modified and amended
by that certain First Modification of Deed of Trust, Assignment, Security Agreement and Fixture Filing
dated as of January 20, 2009, and recorded in Book 2876, Page 1, Brunswick County Registry, and for no
other purpose whatsoever.
Executed this the day of 52010.
BANK OF AMERICA, N.A.
a national banking association
Name:
Its:
STATE OF _
COUNTY OF
I certify that the following person(s) personally appeared before me this day, and each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated
therein:
being president of Bank of America, N.A.
Witness my hand and official stamp or seal, this the _ day of , 2010.
My Commission Expires:
Notary Public
Waterway Cove Declaration of Protective Covenants Page 36

EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY SUBJECTED TO DECLARATION
BEING ali that real property identified as Phase I -A of Waterway Cove Subdivision, as
shown on plat recorded in Map Cabinet , Page , Brunswick County Registry.
Waterway Cove Declaration of Protecttve Covenants Page 37

Research Triangle Flares, 14C
Post Office Box 14005
Research Triangle Park,
North Carolina 27709
2905 Meridian Parkway
nth Carolina 27713
c ,6
919-281-4262
919-361-2269 Fax
EcoEngineering
A division of The John R. McAdams Company, Inc.
WATERWAY i LOVE
OCEAN ISLE REACH, NORTH CAR OLINA
HYDPaAULIC/HYDROLOGIC CALCULATION' FOR THE
PROPOSED STAVE STORMWATER MANAGEMENT PERMIT
MODIFICATION (RENOVATION OF 3 MSTING DAMS
& DESIGN OF 2 INFILTRATION BASINS)
WVM-08000
July 30, 2009
Brandon R. Finch, PE
Sr. Stormwater Project Manager
Jeremy V. Finch, PE
Stormwater Project Manager
P a
I=`Co010 ldJ
pet low &,CIE
www.ecoenguarn I uesign Ssrvices Faws-ja On G'ient Success

WATERWAY COVE
Hydraulic /Hydrologic Calculations for the Proposed State Stormwater Management Permit
Modification (Renovation of 3 Existing Dams & Design of 2 Infiltration Basins)
General Descrindon
Located at the southeast quadrant of the intersection of NC 179/904 and Waterway Drive (SR
1232) in Ocean Isle Beach, North Carolina, is the proposed .single-family residential
development currently known as Waterway Cove. Proposed development on this 49.72-acre site
is the construction of 205 single-family residences, a clubhouse / amenity center, a community
pier / docking facility, along with associated roadways, parking areas, utilities and stormwater
management infrastructure.
Waterway Cove is located within the Lumber River Basin with stormwater runoff from this site
draining directly into the Intracoastal Waterway (Stream Index #15-25). According to the N.C.
Division of Water Quality BasinWide Information Management System (BIMS), the Intracoastal
Waterway is classified as SA;HQW in this location. For this reason, development on this site
must meet the coastal stormwater requirements for areas that are located within %Z mile of and
draining to SA waters. As of the'date of this report, a new project would be required to meet the
coastal rules adopted as part of Session Law 2008-211 (the NC Coastal Stormwater Rule).
However, this project was previously permitted in July 2007 (Stormwater Permit No. SW8
070544) and has been allowed (per agreements / discussion with both NCDWQ and the Town of
Ocean Isle Beach) to proceed forward under the 1995 coastal stormwater rules. These rules were
previously located within sections 15A NCAC 0211.1005 and 15A NCAC 02H.1006 (section
.1005 now superceded) of the North Carolina Administrative Code and are as follows:
Applicable Stormwater Management Regulations:
I. Per 15A NCAC 02H.1005: Stormwater Requirements: Coastal Counties
All development activities within the coastal counties which require a stormwater
management permit in accordance with Rule .1003 of this Section shall manage
stormwater runoff as follows:
(1) development activities within the coastal counties draining to Outstanding
Resource Waters (OR 99 shall meet requirements contained in Rule .1007
of this Section;
(2) development activities within one-half mile of and draining to SA waters
or unnamed tributaries to SA waters:
(a) High Density Option: Higher density developments shall be
permitted pursuant to Rule .1003(d)(2) of this Section if
stormwater control systems meet the following criteria
(i) no direct outlet channels or pipes to SA waters unless
permitted in accordance with 15A NCAC 2H . 0126;
(ii) control systems must be infiltration systems designed in
accordance with Rule .1008 of this Section to control the
runoff from all surfaces generated by the one and one-half
inches of rainfall. Alternatives as described in Rule
.1008(h) of this Section may also be approved if they do not
discharge to surface waters in response to the design
storm;
(iii) runoff in excess of the design volume must flow overland
through a vegetative filter designed in accordance with
Rule .1008 of this Section with a minimum length of 50 feet
measured from mean high water of SA waters;

II. Per 15A NCAC 02H.1006:
All development activities which require a stormwater management permit under Rule
.1003 of this Section and are within one mile of and draining to waters classified as High
Quality Waters (HQW) shall manage stormwater runoff in accordance with the
provisions outlined in this Rule. More stringent stormwater management measures may
be required on a case -by -case basis where it is determined that additional measures are
required to protect water quality and maintain existing and anticipated uses of these
waters.
(1) All waters classified as WS-I or WS-II (ISA NCAC 2B .0212 and .0214) and
all waters located in the coastal counties (Rule .1005 of this Section) are
excluded from the requirements of this Rule since they already have
requirements for stormwater management.
Overall Management ofStormwater Runoff from Waterway Cove
Waterway Cove is proposed to be permitted as a high -density project. The project drains to SA
waters, meaning to qualify for low -density, the total BUA must be less than 25% (per 1995
coastal stormwater rules). However, the site will be designed such that the maximum total built
upon area (BUA) for the total project area will exceed this threshold (proposed to be 45.8%),
thus warranting the high -density classification. In order to meet the requirements of section 15A
NCAC 02H.1005, the stormwater runoff of this site will be treated as follows:
There are three existing ponds / dams located onsite. Each of these existing facilities is
proposed to be renovated / reconstructed such that they will safely pass the appropriate
design rainfall events. As part of the proposed renovations, features will be incorporated
within two of the ponds / dams to allow them to accomplish two additional goals: (1)
temporarily store runoff from storm events (to help minimize the frequency of
overtopping of the dam embankment), and (2) allow them to serve as a water source for
future irrigation within the proposed development.
With regards to temporarily storing runoff from storm events, the spillway systems (i.e.
the principal spillways and the emergency weir spillways) for the middle and lower
ponds will be configured such that temporary storage (above normal pool) of the
required runoff volume (i.e. runoff from the 1. 5-inch rainfall event) is provided in each
facility. This volume will then be pumped to off-line infiltration basins (two total). The
middle pond pumps to an infiltration basin located near the future clubhouse / amenity
area. The lower pond pumps to an infiltration basin located on the southeast portion of
the site. For each of these ponds, the emergency spillway crest (i.e. Armorflex weir
system) is then set such that runoff events from the 10 year storm and below will not
overtop the dams (to minimize the frequency of overtopping), but instead is directed to
level spreader / SO ft vegetated falter strip systems prior to discharging into the
Intracoastal Waterway at the southeast corner of the site. Storm events larger than the
10 year storm will activate the Armorflex weir spillways that are constructed as part of
the proposed dam rehabilitations. Please note an 8-inch bottom drain system is also
proposed within each of the ponds for future maintenance needs (if any) and emergency
drawdown situations.
With regards to future irrigation, it is intended to utilize the existing ponds as a water
source in lieu of potable water from Brunswick County. The water to be used for
irrigation will be pumped from the.normal pool elevation and below. A well (or series of
wells) will be installed to replenish the ponds and restore the normal pool elevations.
2

Calculation Methodolo�y
1. Rainfall data for the Ocean Isle Beach, NC region is from NOAA Atlas 14. The 1-year,
2-year, 10-year, 25-year, 50-year, -and 100-year events were analyzed as part of this
report. All of these storms were modeled within PondPack Version 8.0 assuming a SCS
Type III rainfall distribution. Please reference the. Rainfall Data section within this report
for additional information.
2. Using maps contained within the Brunswick County Soil Survey, the site soils were
determined to range from hydrologic soil group (HSG) `A' soils to HSG `B' soils. Since
the method chosen to compute post -development peak flow rates and runoff volumes is
dependent upon the soil type, within each sub -basin, an approximate proportion of each
soil group was determined using NRCS Soil Survey Maps. Once an approximate
proportion was determined, a composite SCS CN was computed for each cover condition.
For example, the post -development soil composition of the sub -basin draining to the
lower pond consists of approximately 96% HSG `A' soils and 4% HSG `B' soils.
Therefore, for the open area cover condition, the composite SCS CN is computed as
follows (assuming good condition):
Composite Open SCS CN = (0.96*39) + (0.04* 61) = 40
This type of calculation was done for each of the studied sub -basins in an effort to
accurately account for the difference in runoff between HSG `A' and `B' soils.
3. The post -development time of concentration to each of the existing ponds and proposed
infiltration basins was assumed to be 5 minutes in the. post -development condition. This
is a conservative assumption.
4. Off -site impervious area to the lower pond was computed using information obtained
from Brunswick County GIS. Using average lot sizes, an approximate impervious
percentage for each area of lot type was assumed using design tables from SCS TR-55.
Please reference the design calculations for detailed impervious assumptions for the
offsite areas.
5. Off site impervious to the middle pond was measured in CAD using available survey /
GIS data.
6. The on -site topography used in the analysis is from a combination of (1) field survey
information provided to The John R. McAdams Company, Inc. by Bobby M. Long &
Associates and (2) a recent field survey of portions of the site by The John R. McAdams
Company, Inc. Please refer to Sheet C-1 of the construction plan submittal for additional
information.
7. The onsite wetlands delineation was performed by Land Management Group, Inc.. The
CAD information for the wetlands delineation (signed jurisdictional determination dated
08/27/2007) was provided to The John R. McAdams Company, Inc. by Bobby M. Long
& Associates.
8. Soil boring information in the vicinity of the proposed infiltration basins was provided to
The John R. McAdams Company, Inc. by S&ME, Inc. in a report dated March 11, 2009.
Please refer to the Site Soils Information section within this report for additional
information.

9. All design aspects (construction details, block sizing calculations, etc.) of the Armorflex
block system is by CONTECH, Inc. The John R. McAdams Company, Inc. assumes no
liability with regard to the design of the Armorflex systems.
10. The final design calculations for the proposed submersible pump systems for the middle
and lower ponds (that will pump water from these ponds to the above ground infiltration
areas) are included as an addendum to this report and are by representatives of Godwin
Pumps. The John R. McAdams Company, Inc. assumes no liability with regard to these
pump calculations. However, the allowable minimum and maximum pumping rates to the
infiltration areas have been calculated by The John R. McAdams Company, Inc. and are
included in this report. They are used as the basis for the design of the pumping systems
by Godwin Pumps. Also included in the construction plans are the proposed locations oa
the wet wells (See Sheet P-14 of the construction plan set) where the submersible pumps
for each system will be located, along with the PVC force main lines connecting the wet
wells to the above ground infiltration areas.
11. PondPack Version 8.0, by Haestad Methods, Inc. is used to generate post -development
peak flow rates and model the proposed dam rehabilitations. It is also used to generate the
peak flow rates into the proposed level spreaders / vegetated filter strip areas in the 10-
year storm event.
12. The stage -storage rating curves and stage -storage functions for the proposed dam
rehabilitations and infiltration basins were generated outside of PondPack and then input
back into PondPack for routing calculations.
13. The principal/emergency spillway systems for the middle and lower ponds were
configured as follows:
a. The normal pool elevations prior to a storm event are set at the same elevations
as those specified in the existing CAMA permit (dated October 24, 2007).
b. An inlet pipe, which will drain by gravity to a wet well (i.e. junction box)
containing a submersible stormwater pump (dcsigned by Godwin Pumps — see
Item 10 above), is set at the normal pool elevation of the existing ponds. These
submersible pumps will pump the computed water quality volume from the
existing ponds to the proposed infiltration basins in: (1) Fo1 the dipper
infiltration area = 1.90 days (per IB#1 relocation — O1/25/10) and (2) For the
lower infiltration area = 1.85 days.
i. Please note the upper pond is not used for any water quality storage and its
drainage area is treated by the pumping system for the middle ponti
c. A bypass system is set at the top of the required water quality storage (i.e. 1.5-
inch runoff depth) for each pond. This bypass system will accommodate all
design storms less than or equal to the 10-year storm event and discharge them
through the required level spreaders / vegetated filter strips.
d. The emergency weir spillways are set above the top of the 10-year storm
elevations. These systems will be activated in storm events greater than the 10-
year event.
14. Water quality sizing calculations were performed in accordance with the N.C.
Stormwater Best Management Practices manual (NCDENR October 2007). The water
quality volume resulting from the one and one-half inch rainfall event was computed
using the Simple Method.
15. Flowmaster Version 6.0, by Haestad Methods, is used to compute the velocities and flow
depths of the 10-year storm event through the proposed vegetated s iter strips. The filter
strips are modeled as large rectangular channels, with the filter slopes derived from the
rd

proposed grading plan and the actual Manning's n determined using the methods
described in the North Carolina Erosion & Sediment Control Planning. and Design
Manual —Section 8.05 Design of Stable Channel and Diversions.
16. Riprap velocity dissipaters are provided at the principal spillway outlets to prevent
erosion and scour in these areas. The dissipaters are constructed using rip rap, underlain
with a woven geotextile filter fabric. The filter fabric is used to minimize the loss of soil
particles beneath the riprap aprons. The dissipaters are sized for the 10-year storm event
using the NYDOT method. It is a permanent feature of the outlet structures.
17. The proposed infiltration basins were not routed in Pondpack due to the constant
pumping rate over 2 to 5 days (e.g. — lack of inflow hydrograph since it is due to
pumping). Rather than performing a standard pond routing analysis, the stage -discharge
function of the proposed outlet structure was computed for each facility and compared to
the maximum inflow rate to insure they were capable of passing flows much greater than
the maximum inflow rate.
Infiltration Area #1- Surface Area Sizing Discussion
The proposed above ground infiltration basin for the middle pond will treat both minimal surface
drainage from adjacent areas, along with water being pumped from the middle pond. The
minimum surface area for this facility is determined by calculating the 1.5" water quality volume
from the area of the surface drainage and then adding it to volume being pumped from areas
draining directly to the pond. Once the cumulative volume is known, the size of the infiltration
area is computed using an "effective infiltration area" calculation described in the DWQ BMP
Manual. The equation for this method, along with the values used for the minimum pumping rate
scenario for this facility, is as follows:
Required Infiltration SA = WQY/(2*(%*T))
= (84,178 cJ) /(2*(10 in/hr*5.0 days))
= 842 sf
Please note the infiltration rate, K, of 10 in/hr used in the above calculation is the maximum
allowed by the State soil scientist. This is less than one-half of the field tested infiltration rate of
greater than 40.00 in/hr shown in the S&ME report.
Infiltration Area #2 - Surface Area Sizing Discussion
The proposed above ground infiltration basin for the lower pond will treat both minimal surface
drainage from adjacent areas, along with water being pumped from the lower pond. The
minimum surface area for the infiltration area is determined by calculating the 1.5" water quality
volume from the area of the surface drainage and then adding it to volume being pumped from
areas draining directly to the pond. Once the cumulative volume is known, the size of the
infiltration area is computed using an "effective infiltration area" calculation described in the
DWQ BMP Manual. The equation for this method, along with the values used for the minimum
pumping rate scenario for this facility, is as follows:
Required Infiltration SA = WQY/(2*(%*T))
= (78,379 cf)/ (2*(9.31 in/hr*S. 0 days))
= 842 sf
5

Please note the infiltration rate, K, of 9.31 in/hr used in the above calculation is one-half of the
field tested infiltration'rate of 18.61 in/hr shown in the S&ME report (per agreement with DWQ
staff).

WATERWAY COVE SUMMARY OF RESULTS J. FINCH, PE
WVM-08000 1/26/2010
E STING- UPPER POND )i(X)TV4G RESULTS -Al
Top of Dam = 24.50
Return period
1-Year
2-Year
Inflow
[cfs]
Outflow
[cfs]
Max. WSE
[ft]
Freeboard
[ftl
7.02
6.10
22.80
1.70
10.12
9.06
22.86
1.64
10-Year
20.68
19.43
23.05
1.45
25-Year
28.41
27.04
23.17
1.33
50-Year
35.22
33.73
23.26
1.24
100-Year
42.87
41.28
23.36
1.14
RXISTRiG UPPER POND BUMNAR� : =, '.
T Design Drainage Area = 222,071 sf
5.10 acres
Design Impervious Area = 118,672 sf
= 2.72 acres
% Impervious = 53.4%
Top of Dam =
24.50
ft
Ex Upper Pond Normal Pool Elev =
22.58
ft
Ex Upper Pond Normal Pool SA =
10,429
ft
Weir Spillway Crest =
22.58
ft
Weir Spillway Length =
20
ft
iTIN j''i1.��19oiil ` _i-z ,NIA lhN.aR1`l 1'NG, R �'I'SUU-ri"s
Top of Dam = 17.50
<= Revised 112512010
Revised 112512010
Revised 112512010
Return Period Inflow
Outflow
M x. WSE
Freeboard
[cfs]
[cfs]
[ft]i
[ft]
1-Year
36.54
0.60
13.67
3.83
2-Year
54.62
�` 1.70
14.09
3 41
_10-Year
-
117.20
8.94
15.52
_�_�
1.98
25-Year
163.84
62.72
-_15.92
1.58
50-Year
205.40
128.64
16.19
1.31
100-Year
252.31
r 215.56
16.47
1.03
=> EXISTING MODDLE PAID StRY94ARY
Design Drainage Area =
1,366,567 sf
=
31.37 acres
Design Impervious Area =
671,456 sf
=
15.41 acres
% Impervious =
49.1 %

WATERWAY COVE SUMMARY OF RESULTS J. FINCH, PE
W VM-08000 1/26/2010
Top of Dam =
17.50
ft
Design Storm (WQ Vol) =
1.50
inches
WQ Volume =
84,080
cf
WQ Storm Depth =
1.62
ft
WQ Volume Elevation =
13.07
ft
Ex Middle Pond Normal Pool Elev =
11.45
ft
Ex Middle Pond Normal Pool SA =
44,119
sf
Bypass Pipe Elevation =
13.10
ft
Bypass Pipe Diameter =
30
inches
Weir Spillway Crest =
15.55
ft
Weir Spillway Length =
75
ft
__> EXISTING LOWER POND ROUTING RESULTS
Top of Dam = 12.00
Return Period
Inflow
[cfs]
Outflow
[cfs]
Max. WSE
[ft]
Freeboard
[ft]
1-Year
21.88
0.54
7.88
4.12
2-Year
33.79
1.82
8.26
3.74
10-Year
75.97
11.67
9.65
2.35
25-Year
124.59
107.06
10.29
1.71
50-Year
221.87
199.10
10.60
1.40
100-Year
359.89
325.39
10.96
1.04
01 q
Design Drainage Area = 1,269,960 sf
29.15 acres
Design Impervious Area = 611,648 sf
14.04 acres
% Impervious = 48.2%
Top of Dam
12.00
ft
Design Storm (WQ Vol)
1.50
inches
WQ Volume =
76,748
cf
WQ Storm Depth =
1.92
ft
WQ Volume Elevation =
7.28
ft
Ex Middle Pond Normal Pool Elev =
5.36
ft
Ex Middle Pond Normal Pool SA =
33,939
sf
Bypass Pipe Elevation =
7.45
ft
Bypass Pipe Diameter =
30
inches
Weir Spillway Crest =
9.75
ft
Weir Spillway Length =
75
ft

WATERWAY COVE SUMMARY OF RESULTS
W VM-08000
s♦ 1 LTRA'U614 AS-fi'l #1 SUMMARY
Design Drainage Area = 1,366,567 sf
31.37 acres
Design Impervious Area = 671,456 sf
15.41 acres
% Impervious = 49.1%
Top of Dam =
32.00
ft
Design Storm (WQ Vol) =
1.50
inches
WQ Volume =
84,178
cf
Min Pumping Rate to Basin =
87.46
gpm
Max Pumping Rate to Basin =.
218.64
gpm
Computed Pump Operating Point =
230.00
gpm
Iiniiltration Basin Floor Surface Area =
5,046
sf
Soils Hydraulic Conductivity =
10
in/hr
Drawdown Time =
45.6
hours
=
1.90
days
Level Spreader Length =
91
ft
Level Spreader Outlet Velocity =
1.44
ft/sec
Vegetated Filter Length =
50
ft
Vegetated Filter Velocity =
0.62
ft/sec
Riser Size =
4 x 4
ft
Riser Crest =
31.00
ft
Barrel Diameter =
15
inches
# of Barrels =
1
Invert In =
26.50
feet
Invert Out (JB) =
22.55
feet
Length =
F`
feet
Slope =
0.0790
ft/ft
J. FINCH, PE
1/26/2010
Revised 112512010
Revised 112512010
Revised 112512010
Revised 112512010
Revised 112512010

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140
120
100
W 80
LN
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60
40
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GODWIN SUB -PRIME MODEL GSL80HV
ONE (1) 8-HP SUBMERSIBLE / SYSTEM
MIDDLE POND FORCE MAIN
WATERWAY COVE
SYSTEM CONDITIONS
- Static Head: 22-ft (invert to grade)
- Forcemain: 540° of 4" SCH 80 PVC, (2) 90, (4) 45, (1) Exit Loss
� 6 System Curve
—Target Flow
—GSL80HV
a
25 50 75 100 125 150 175 200 225 250 275 300
FLOW (GPM)
GSP80HV.006.revl.mr.rjf.xls Middle Pond 80HV 1/22/2010

MIDDLE POND FORCE MAIN
WATERWAY COVE
254 GPM
ONE (1) GSL80HV
HYDRAULIC CALCULATIONS
DISCHARGE - 4" SCH 80 PVC PIPE
h sd 22 static discharge head (ft)
Q : = 230
rate of flow (GPM) from one pumpset
L d := 540 length of discharge pipe
(ft)
L 90 :=21 equivalent length of (4) 4"90 deg bends (ft)
LeR:=11
L45:=19
Leq:=LdtL90+L45+Lex
L eq = 591
HAZEN WILLIAMS EQUATION
C:=120
d 1 :=3.826
rloorss (Q)1.ss
h fd:=0.002083•Leq- 4.8655
C dl
hfd=30
Vel:= Q
(2.45•d 12)
Vel : 6.4
TOTAL DYNAMIC HEAD
TDH := h sd + h fd
equivalent length of 4" exit loss (ft)
equivalent length of (2) 4" 90 deg bends (ft)
total equivalent suction length (ft)
C factor for pipe roughness
inside diameter of 4" SCH 80 PVC Pipe (in)
friction loss in suction piping (ft)
velocity of flow through suction pipe (ft/s)
TDH = 52 Total Dynamic Head (ft)
The Godwin Dri-Prime Model GSL80HV Provides at least 52 ft of TDH and 230 GPM at a
nominal pump speed of 3600 RPM. All equivalent lengths referenced to Cameron's pg 3-121

3/�P)p
01D
CIO
t
"QG8 MAP
3
AP
819FE S0tLSlXFORMATt0N
-4
INFORMATION
2MEd'CNY.DROL9GIC
CALCULATIONS
GNS-
UPPER POND
FINAL DESIGN CALCULATIONS -
MIDDLE POND
9
FINAL DESIGN CALCULATIONS -
LOWER POND
OFINAL
DESIGN CALCULATIONS -
INFILTRATION BASIN #1

WATERWAY COVE WATER QUALITY VOLUME CALCULATIONS
WVM-08000 Existing Pond -Lower
=%':Ci7FP?'tFic'� `fry: Ff%tip'?' f BIP L�3PSCAF`FkCt ou
C'ontribudag Watershed to Existing Pond - Lower.
Condition
%pervious Area
[si]
[acres]
Existing Onsite
0
0.00
Existing Off'site
286506
6.57
Proposed Onsite
325,038
7.46
Proposed Offsite
304
0.01 < 5R
Totals
611,648
14.04 �, G5 (�� (0y 7
=a Determination of Water Quality Volume (1.5"Rainfall Depth)
Current Proposed Conditions ==>
WQ v = (P)(R v)(A)/12
where,
WQv = water quality volume (in acre-ft)
Rv= 0.05+0.009(I) where I is percent impervious cover
A = area in acres
P = rainfall (in inches)
Input data:
Total area, A =
29.15
acres
=
1,269,960
sf
Impervious area =
14.04
acres
=
611,648
sf
Percent impervious cover, I =
48.2
%
Rainfall, P =
1.5
inches
Calculated values:
Rv = 0.48
WQv = 1.76 acre-ft
76,748 cf.
Associated Pond Depth
I{s =
36311
b =
1.1494
V =
76748
Normal Pool Elevation =
5.36 feet
�- WQ Elevation =
7.28 feet
J. FINCH, PE
1/25/2010

FINAL DESIGN CALCULATIONS
INFILTRATION BASIN #1
WATERWAY COVE
WVM-08000

O
GRAPHIC SCALE
60 0 30 60 120
1 inch = 60 ft.
' V —
I
I 4
~ I /
� \ I
` I
/ � I
T � I
` TO INFILTRATION BASIN # 1
( SURFACE DRAINAGE ONLY)
AREA = 0.36 ac.
a
le
RO]BCT N0. wVM-08000
WATERWAY COVE
AftoEngineenng
FILENAME. WVM08000-WS
aA
division of The Jam R. McAdam. Company, Inc.
a
SCALE: 1 "= 60,
OCEAN ISLE BEACH, 1�! C
ENGINEERS • PLANNERS • SURVEYORS • ENVIRONMENTA L
DATE:
INFILTRATION BASIN # I : SURFACE DA MAF
RESEARCH TRIANGLE PARK . CHARLOTTE. WlLMINGMN
01-25-2010
aao-7ss-M46- r,r,.a.mvmn&wxom ,

WATERWAY COVE
W VM-08000
I. SCS C:[1RvF NUMBERS
Assume.
HYDROLOGIC CALCULATIONS J. ALDRIDGE, PE
Post -Development -To Infiltration Basin #1- Surface Drainage 1/15/2010
HSG
Impervious
Open
Wooded
A
98
39
30
B
98
61
55
HSG'A' = 100%
HSG'B' = 0%
Cover Condition
SCS CN
Comments
Impervious
98
-
en
39
Assume good condition
Wooded
30
Assume good condition
=> To Infiltration Basin #1- Surface Drainage
A. Watershed Breakdown
Contributing Area
SCS CN
Area [acres]
Comments
On -site oiien
39
0.24
Assume good condition
Ori-site impervious
98
0.00
-
On -site wooded
30
0.00
Assume good condition
On -site pond
100
0.12
-
Off -site open
39
0.00
Assume good condition
Off -site impervious
98
0.00
Off -site wooded
30
0.00
_ _-
Assume good condition
Off -site pond
100
0.00
-
Total area =
Composite SCS CN =
% Impervious =
0.36 acres
0.0006 sq.mi.
59
0.0%
B. Time of Concentration Information
Post -development time of concentration to the pond was assumed to be a conservative 5 minutes
Time of Concentration = 5.00 minutes
SCS Lag Time = 3.00 minutes (SCS Lag = 0.6* Tc)
= 0.0500 hours
Time Increment = 0.87 minutes (= 0.29*SCS Lag)

m
Add link 10 m
0
m _ ',
Add lin k 50 co
T o-

Type.... Master Network Summary Page 2.02
Name.... Watershed
File.... X:\Projects\WVM\WVM-08000\Storm\Construction Drawings\WVM08000.PPW
MASTER NETWORK SUMMARY
SCS Unit Hydrograph Method
(*Node=Outfall; +Node=Diversion;)
(Trun= HYG Truncation: Blank=None; L=Left; R=Rt; LR=Left&Rt)
Return
HYG Vol
Node ID
-----------------
Type
Event
cu.ft Trun
EX
POND-U
OUT
----
POND
------
1
---------- _
24619
EX
POND-U
OUT
POND
2
35234
EX
POND-U
OUT
POND
10
72375
EX
POND-U
OUT
POND
25
100452
EX
POND-U
OUT
POND
50
125742
EX
POND-U
=
-ONE_
100
15A662
'*IB #1
*IB #1
*IB #1
*IB #1
*IB #1
*IB #1
1%
*I�
*IB #2
*IB #2
*IB #2
*IB #2
*IB #2
*LS 1
*LS 1
*LS 1
*LS 1
*LS 1
*LS 1
*LS 2
*LS 2
kLS 2
*LS 2
*LS 2
*LS 2
*SITE OUTLET
*SITE OUTLET
*SITE OUTLET
*SITE OUTLET
*SITE OUTLET
*SITE OUTLET
TO IB #1
TO IB #1
TO IB #1
TO IB #1
TO IB #1
TO IB #1
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
JCT
AREA
AREA
AREA
AREA
AREA
AREA
1
2
10
25
50
100
1
2
10
25
50
100
1
2
10
25
50
100
1
2
10
25
50
100
1
2
10
25
50
100
1
2
10
25
50
100
765
1263
3248
4887
6426
8235
2148
3299
7601
11007
14140
17774
32714
90726
305714
361494
393965
426727
24024
77990
275500
363029
414367
463844
0
0
0
175870
382140
633605
765
1263
3248
4887
6426
8235
Qpeak
min
729.00
729.00
728.00
728.00
728.00
727.00
727:00
727.00
727.00
726.00
726.00
726.00
727.00
727.00
726.00
726.00
726.00
726.00
1425.00
1060.00
835.00
742.00
732.00
729.00
1428.00
1026.00
8.01.00
748.00
738.00
731.00
1.00
1.00
1.00
748.00
738.00
731.00
727.00
727.00
727.00
726.00
726.00
726.00
Max
Qpeak
Max WSEL
Pond Storage
cfs
ft
cu.ft
--------
6.10
--------
22.80
------------
2221
9.06
22.86
2956
19.43
23.05
5092
27.04
23.17
6448
33.73
23.26
7554
41_28_
23.36
8724
.18
.33
.93
1.40
1.85
2.36
58
.92
2.18
3.16
4.04
5.04
. 60
1.70
8.94
11.63
13.54
15.62
.54
1.82
11.67
18.20
21.95
26.54
.00
.00
.00
88.87
177.15
298.85
. 18
.33
.93
1.40
1.85
2.36
-9..
S/N: 6217012070C3
PondPack Ver. 8,0058
The John R. McAdams Company
Time: 3:03 PM Date: 1/15/2010

3A
4"0 SCHEDULE 80 PVC
FORCE MAIN FROM MIDDLE
POND (SEE SHEET P-14)
—
CONCRETE JUNCTION BOX —3 — — — — — — — — —
4' INSIDE DIAMETER
NCDOT STD. 840.31)
RIM = 32.50
IN = 22.55
INV. = 22.55
—35 _
32
�"4, -----
�A
t�
j - S&ME, INC. BORING #2 / \
APPROXIMATE GROUND ELEVATION = 36.20 36
SHWT = 100"
APPROXIMATE SHWT = 27.90
EXISTING INFILTRATION RATE _ >40 IN/HR
— FLOOR OF INFILTRATION BASIN TO
BE PROVIDED WITH A MINIMUM 4"
PRECAST RISER OUTLET STRUCTURE OF ASTM-C-33 WASHED SAND
SHAPE = SQUARE (SEE INFILTRATION BASIN FLOOR
INTERNAL DIMENSIONS = 4 FT. x 4 FT. FILL SPECS ON THIS SHEET)
TOP OF RISER = 31.00
(3) .INVERT IN (6"0 ADS N-12) = 28.00
INVERT OUT (15"0 RCP) = 26.50
(SEE DETAIL SHEET I13-18)
OBSERVATION WELL /
CLEANOUT SEE DETAIL
3'Lx3'Wx9"THICK NCDOT ) I
CLASS 'A' RIPRAP APRON 4"0 SCHEDULE
® (TYP., SEE DETAIL SHEET IB-1C) 80 PVC (TYP.)
30 — — — —
31
4 y�ws 32 vu W
V43 J
YVJ Wj - - - �- - -
33 _-------- - --
III 4---�--I--+_-
/ 330 RCP
�
50 LF 15"
7.90% �� TIMBER HITCH DRIVE - -
- 32 _ _ (49' PRIVATE R/W9 SEE SHEET P-6) C
STORM OUTFALL TO LEVEL
SPREADER/VEGETATED FILTER STRIP
• (SEE SHEETS C-9 AND C-10) INFILTRATION BASIN # 1 PLAN VIEW
1"=20'
—H----
34
GRAPHIC SCALE
20 0 10 20 40
1 inch = 20 ft.

WATERWAY COVE SSFxn Existing Pond-lnfdtB#1 J. ALDRIDGE, PE
WVM-08000 1/15/2010
Stage -Storage Function
Average
Incremental
Accumulated
Estimated
Contour
Contour
Contour
Contour
Stage
Contour
Stage
Area
Area
Volume
Volume
w/ S-S Fxn
(feet)
(feet)
(SF)
(SF)
(CF)
(CF)
(feet)
30.00
0.00
5,046 a
��
31.00 1
1.00
6,314 ,
5680
5680
5680
1.00
32.00 ;
2.00
7,639
6977
6977
12657 s
2.00
Storage vs. Stage
14000 ,
12000 y = 5680x' •'
R` = 1
10000
es
v
8000
m
rn
6000
0
va
4000 -
2000
0
—
0.00 0.50
1.00 1.50
Stage (feet)
K = Mw
Q➢ = 1.155
2.00 2.50 1

WATERWAY CONE Inffitration Basin #1 T. ALDRIDGE, PE
WVM-08000 1/15/2010
_> Stage - Storage Function
Ids = 5680
b = 1.155
Zo = 30.00
Elevation
[feet]
Storage
[cf] [acre-feet]
30.000
0
0.000
30.20
885
0.020
30.40
1971
0.045
30.60
3149
0.072
30.80
4390
0.101
31.00
5680
0.130
31.20
7011
0.161
31.40
8378
0.192
31.60 1
9775
0.224
31.80
11199
0.257
32 00
12648
0.290

WATERWAY COVE WATER QUALITY VOLUME CALCULATIONS
WVM-08000 Infilt 11#1- Surface Drainage
Surface Drainage to Infiltration Basin #1
_d Impervious Area
®n P VIP
Existing Onsite
Existing Offsite
Proposed Onsite
Proposed Oft'site
Totals
�p p
GaCre!
0
0.00
0
0.00
0
0.00
0
0.00
0
0.00
_> Determination of Water Quality Volume. (i 5" .Rainfall Depths
Carrent Froposed Conditions =_>
WQv (P) (R v) (A)/1.2
where,
WQv = water quality volume (in acre-fI)
Rv = 0.05+0.009(I) where I is percent impervious cover
A = area in acres
P = rainfall (in inches)
Input data:
Total area, A =
0.36
acres
=
15,682
sf
Impervious area =
0.00
acres
=
0
sf
Percent impervious cover, I =
0.0
%
Rainfall, P =
1.5
inches
Calculated values:
Rv = 0.05
WQv = 0.002 acre-ft
98 cf.
> Associated In ilts•«ticon Basin #1 Depth
Ks =
5680
b =
1.155
V =
98
Normal Pool Elevation =
30.00 feet
W¢ Elevation =
30.03 feet
J. ALDRIDGE, PE
1/25/2010

WATERWAY COVE InfiltrationB#I-MinPumpingRate J. FINCH, PE
WVM-08000 Sizing Calculations 1/20/2010
�Deterrrauiution of Ri;?ey C/`Ualt;r I'alume (WQ,) Entering lnfrTt iation Basin #1 from Pumping
WQ v = (P)(R v)(A)II2
where,
WQv = water quality volume (in acre-ft)
Rv = 0.05+0.009(I) where I is percent impervious cover
A = area in acres
P = rainfall (in inches)
Input data:
Total area, A =
31.37
acres
Impervious area =
15.41
acres
Percent impervious cover, I =
19.1
%
Rainfall, P =
1.5
inches
Calculated values.
Rv =
0.49
WQv =
1.93
acre-ft
=
84080
cf.
'in2a1'oii[dig yalume (WQ t')'EntatgInfi iratiOn `Aadxa, 4fr9m SI+fectDrs1 rage
WQ v = (P)(R v)(A)112
where,
WQv = water quality volume (in acre-ft)
Rv= 0.05+0.009(I) where I is percent impervious cover
A = area in acres
P = rainfall (in inches)
Inpug da,a:
Total area, A =
0.36
acres
impervious area =
0.00
acres
Percent impervious cover, I =
0.0
%
Rainfall, P —
1.5
inches
Calculated values:
Rv =
0.05
WQv =
0.00
acre-ft
=
98
cf.

WATERWAY COVE E i m Tfl trati®nt3#I-hIfaPura.pnm p t e J. FINCH, PE
WVM-08000 Sizing Calcuistions 1/20/2010
Required InfikrWm Basin Surface Area
The effective infiltrating area (A) is computed using the following equation:
_ [WQV]1C(2) "(K-T)]
where,
A= effective infiltrating area of infiltration basin (SF)
WQV= water quality volume (CF)
K = hydraulic conductivity of infiltration basin soil (in/hr)
T = basin dewatering time (days)
'6Cpv.P l%ak&:
Cai plated values:
WQV= 84178 cf
K = _ in/hr
T= 5.00 days
A = 842 SF
<=Max.1ser l V;,'Q dcsiga- gmid'eiines
>.tie:erraa/.ratinrz.s :5.1<ri=,��a+. .go.FriMFli[b•R+aeAv1nJU&&knBasi#1
WQv= 84178 cf.
629,694 gallons
Pond Dewatering Time (days) = 5.00 days
Avg Pumping Rate to Achieve Pond Dewatering Time = 125939 gpd
5247 gph
87.46 Igpm

WATERWAY COVE FnfiltrationM-MaxPumpingRate J. FINCH, PE
WVM-08000 Sizing Calculations 1/20/2010
a=> Determination of Water L+'e!°g i4v Volume (WQ y) Entering Infiltration Basin #1 from Pa l;',P 1
WQ v = (P)(R v)(A)112
where,
WQv = water quality volume (in acre-ft)
Rv= 0.05+0.009(I) where I is percent impervious cover
A = area in acres
P = rainfall (in inches)
Inpu3 data:
Total area, A = 31.37 acres
Impervious area = 15.41 acres
Percent impervious cover, I = 49.1 %
Rainfall, P = 1.5 inches
Calculated values:
Rv = 0.49
WQv= 1.93 acre-ft
= 84080 cf.
- Determination of WaterQ+t MV Volume MV V)i Entering Infiltratim �ftsln #1 from Surface Drahm9e
WQ v = (P)(R 1,)(A)/12
where,
WQv = water quality volume (in acre-ft)
Rv = 0.05+0.009(I) where I is percent impervious cover
A = area in acres
P = rainfall (in inches)
c'repu2 data:
Total area, A =
0.36
acres
Impervious area =
0.00
acres
Percent impervious cover, I =
0.0
%
Rainfall, P =
1.5
inches
Calculated values:
Rv =
0.05
WQv =
0.00
acre-ft
=
98
cf.

WATERWAY COVE InfiltrationM-MaxPumpingRate J. FINCH, PE
WVM-08000 Si-nng Calculations 1/20/2010
_> Required InfldhWien Basin Surface. Area
The effective infiltrating area (4) is computed using the following equation:
A = (Y✓QVI/!(2) "(K*T)1
where,
A= effective infiltrating area of infiltration basin (5F)
WQV= water quality volume (CF)
K = hydraulic conductivity of infiltration basin soil (in/hr)
T = basin dewatering time (days)
Input date:
Calculated values:
WQV= 84178 cf.
K = 10.00 in/hr
T= 2.00 days
A= 2104 5F
--Max- per DWQ design guidelines
, 'Iej:w& i";ungikg RateM Infi Y:tl.m &sin#.1
WQv= cf
gallons
Pond Dewatering Time (days) = 2.00 days
Avg Pumping Rate to Achieve Pond Dewatering Time = 314847 gpd
13119 gph
218.64 gpm

40
120
100
80
lu
ti
60
40-
20 -
0 -
GODWIN SUB -PRIME MODEL GSL80HV
ONE (1) 8-HP SUBMERSIBLE / SYSTEM
MIDDLE POND FORCE MAIN
WATERWAY COVE
'2YSTEM CONDITIONS
- Static Head: 22-ft (invert to grade)
- Forcemain: 540' of 4" SCH 80 PVC, (2) 90, (4) 45, (1) Exit Loss
--A—System Curve
Target Flow
GSL80HV
`7
A
-;z
3
-4
0 25 50 75 100 125 150 175 200 225 250 275 300
GSP80HV.006.revl.mr.rjf.xls Middle Pond 80HV 1/22/2010

WATERWAY COVE InfiltrationNI-Actual J. ALDRIDGE, PE
WVM-08000 Sizing Calcula&ns 1/25/2010
_=- pe0terMkx4 i A ,.0 #444r Ou aiNy Mame v);Bt�tetitag iTre Iltrat ou.Basin #t fsam Pumping
WQ v = (P)(R v)(A)111
where,
WQv = water quality volume (in acre-fl)
Rv = 0.05+0.009(I) where I is percent impervious cover
A = area in acres
P = rainfall (in inches)
&pwt data:
Total area, A =
31.37
acres
Impervious area =
15.41
acres
Percent impervious cover, I =
%
Rainfall, P =
1.5
inches
Calculated values:
Rv =
0.49
WQv =
1.93
acre-ft
=
84080
cf
WQy _ (P)(R v)(A)/11
where,
WQv = water quality volume (in acre-ft)
Rv = v.05+0.009(I) where I is percent impervious cover
A = area in acres
P = rainfall (in inches)
Input data
Total area, A =
0.36
acres
Impervious area =
0.00
acres
Percent impervious cover, I =
0.0
%
Rainfall, P =
1.5
inches
Calculated values:
Rv =
0.05
WQv =
0.00
acre-ft
=
98
cf.

WATERWAY COVE InfiltrationBR-Actual
WVM-08000 Sizing Calculations
�%'' I►°e[fk[iFeC%�6ifil'r'l±t�:TaZ lQ;�sirr .�C�CfL�CM.�PfYt
The effective infiltrating area (A) is computed using the following equation:
A = [WQV11l(2) *(K*2)j
where,
A= effective infiltrating area of infiltration basin (SF)
WQV= water quality volume (CF)
K = hydraulic conductivity of infiltration basin soil (in/hr)
T = basin dewatering time (days)
Input data:
Calculated values:
WQV= 84178 cf.
K = 10.00 in/hr
T = 1.90 days
A= SF
<=Max. per DWQ design guidelines
a.=''7 6.I�Q'Pi�17:�+r".=`iK9v tE.i' Y fi 6';`j:iT6,i.°sf ...�5�,�:"•ziC✓ L.; 6j��;dj �!, ffff����r.+ ��x+ rr ,p J
WQV= cf.
gallons
Pond Dewatering Time (days) = 1.90 days
Avg Pumping Rate to Achieve Pond Dewatering Time = 331200 gpd
13800 gph
= 230.00 Win
J. ALDRIDGE, PE
1 /25/2010

WATERWAY COVE 1nMtrationBasin#I
WVM-08000 Rating Curve Calculations
Max Peak Pfowrq*iq btflis'ai&4 aerPwo&g'
WQv= 84178 cf.
= 629,694 gallons
Pond Dewatering Time (days) = 1.90 days
Avg Pumping Rate to Achieve Pond Dewatering Time = 331200 gpd
13800 gph
230.00 gpm
= 0.51 cfs
Max 'Oak lfupvratt tn,Ixfiltratdt o Bosun #1 from rm ace Drainage;
100-Year Peak Flowrate to IB #1 From Surface Drainage =cfs
— Tom131ar Peak Flowatato Inf bratdon Basin #I
Total 100-Year Peak Flowrate = 2.87 cfs
InflMadon Basest #Z AadditructureRasing Caw.
;Elevation
(ft)
Flow
(efs)
30.00
0.00
30.50
0.00
31.00
0.00
31.50
12.62
32.00
13.35
J. FINCH, PE
1/25/2010

17
76 I II
164t\
___I ---- /
I
L------�9
UA
9.7 + ` / / 15" ENDWALL PER
14— 15 / Ij NCDOT STD. 838.80 /
— / I (SEE DETAIL SHEET IB-1j)l /
14 / / INV. OUT = 9.50
17
91' SOLID MASONARY /
12 / BLOCK LEVEL SPREADER /
(SEE DETAIL SAET IB-1 C) /
W W W W W W W W / LIP OF LEVEL/SPREADER TO BE,'
W � y� � W W W W W 1 1 / J
7-
WE
/S-FOOT WIDE LAYW/OF .
3KSTONE (4-INCHE 'DEEP) f
UNDERLAIN WITH FIL FABRIC 1
(SEE DETAIL S�I ET IB-1C) 1\
50-FOOT VEGETATED \I
FILTER STRIP (GRASSED)
(SEE DETAIL SHEET IB-1C) I I
GRADED AS LEVEL AS
POSSIBLE I
I�
SET AT ELZ9.50 i
• �( / W i W W W W W W W W W\ W W W W W W W� W W \ / /
/ 1 / W �Y � •T y� -AIL W� W W � W� y W �Y_W W W .4 W ^.M� W i I � �
W�/1
•
W W W W
W W W W W W W W W
6-FOOT WIDE (1-FOOT DEEP)
�� TRIANGULAR CHANNEL_® 0.00%�
/
Y/ W W W W . �.i- . W
W
W
W W W L t.Y W W
W
� -`
�/I ----
-�
— — — --SLOPE IITVED _WITH` LANDLOK �
W W W_ -� W W W
W� W i W W W `y — 7--
�\ TURF REINFORCEMENT MATTING _
\450 (SEE DETAIL SHEET IB-1C)
1�-'-
-
-\-�-�
75-FT AEC
rJ W W W
LINE
\\
—
I LIMITS OF EXISTING
I
��� 404 WETLAND (TYP.
EXISTING WETLA /S/
I I
\
PROPERTY LINE
LIMITS OF
NORMAL HIGH
L
I / / WATER LINE
COASTAL _
30-FT AEC
\
WETLANDSI
BUFFER
LEVEL SPREADER & VEGETATED FILTER PLAN VIEW
1 " = 20'
GRAPHIC SCALE
20 0 10 20
1 inch = 20 ft.

WATERWAY COVE LEVEL SPREADER OUTLET
WVM-08000 = ' ' ' VELOCITY CALCULATIONS
IM-BSOUTLET
10-Year Storm Peak Flowrate =i� 8.94 cfs
r
Determine ,depth of the flow over level spreader weir• +'
Q = CWLHU2
H = (Q/CWL)21
Cw =
3.0
L=
91 ft
Q =
8.94 cfs
H =
0.102 ft
HAT wE,R=
2/3 H = 0.068 ft
Determine velocity offlow over level spreader weir:
Q =
VA
V =
Q/A7
Q/(L*HAT WEIR)
Q = 8.94 cfs
L= 91 ft
HAT wm = 0.068 ft
V = 1.44 ft/sec
Therefore, the approximate velocity over the level spreader weir is 1.44 ft/sec.
J. FINCH, PE
7/28/2009

PROJECT: Waterway Cove
PROJECT #: WVM-08000
{ DESIGNER: J. Finch, PE ,
DATE: 7/28/2009
56aonel M: Infiltration Basin #1 -Level Spreader Outlet
1. CHAMEL CALCULATIONS
— Proposed Level Spreader Outlet Section
Design Flow, QIO = 8.94 cfs
Section = Trapezoidal (i.e. Vegetated Filter Strip)
Bottom Width = 91 ft -* j."t mwmd
Sideslopes = 3:1 H V
Longitudinal Slope = 8.00% <-- -
Lining = Tall Fescue
Permissible Velocity, Vp = 4.5-5.5 ft/sec (See N.C. Erosion Control Manual - Table 8.05a)
Depth; = I ft +/-
_> Calculations (using Floivrnaster Version 60)
1 aYear Star ma
Assured "n" IDCPG Arw Wetted Perimettc Hydraulic Radiva Velocity V*R Actual"M" commeaft
0.20 0.16 e 14.5 91.32 0.16 0.62 0.10 0.20 n = 0.20
DEPirF of Fa 17? OF RAkoo

Worksheet
Worksheet for Rectangular Channel '
Project Description
Worksheet Infiltration Basin #1 - Level Spreader Outlet
Flow Element Rectangular Channel
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coefficient
0.200
Slope
8.0000 %
Bottom Width
91.00 ft
Discharge
8.94 cfs
Results
Depth
0.16 ft
Flow Area
14.5 ft2
Wetted Perimeter
91.32 ft
Top Width
91.00 ft
Critical Depth
0.07 ft
Critical Slope
143.8338 %
Velocity
0.62 ft/s
Velocity Head
0.01 ft
Specific Energy
0.17 ft
Froude Number
0.27
Flow Type
Subcritical
Project Engineer. JRM Employee
x:\...\design files\wvm08000.fm2 The John R. McAdams Company, Inc. FlowMaster v6.0 [614b)
07/28/09 04:21:50 PM ©Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA [phone] Page 1 of 1
n

Appendices
6111, 40
®.3C
.l
.08
.06
04
.02
Step 10. For grass -lined channels once the appropriate channel dimensions
have been selected for low retardance conditions, repeat steps 6 through 8 using
a higher retardance class, corresponding to tall grass. Adjust capacity of the
channel by varying depth where site conditions permit.
NOTE 1: If design velocity is greater than 2.0 fi/sec., a temporary lining
may be required to stabilize the channel until vegetation is established.
The temporary liner may be designed for peak flow from the 2-yr storn-t.
If a channel requires temporary lining, the designer should analyze shear
stresses in the channel to select the liner that provides protection and
promotes establishment of vegetation. For the design of temporary liners,
use tractive force procedure.
NOTE 2: Design Tables —Vegetated Channels and Diversions at the end
of this section may be used to design grass -lined channels with parabolic
cross -sections.
Step 1 L Check outlet for carrying capacity and stability. If discharge velocities
exceed allowable velocities for the receiving stream, an outlet protection struc-
ture will be required (Table 8.05d, pg. 8.05.9).
Sample Problem 8.05a illustrates the design of a grass -lined chatmel.
Longer ,
i: Less than 21,
MEMO__
smog
log
-.SOME
l
Vito a 10
.8 IA 2 4 6 8 !O 20
VR, Product of Velocity and hydraulic Radius
Figure 8.05e iM9 nntng's n retaitecl to velocity, hydraulic radius, and vegetal retardance.
Sso�v: From Sample Problem 8.05a multiply Vp x t-tydralulic Radius (4.50.54=2.4311
, then enter tiw productof VR and exfl--nd a
straight una up to Rstardance class 'TY, next project a straight line to the left b determine a trial manning's n.
Rev. l?a93
8.05.7

l,I IIII1I11IIIlI16J. 6 02-27-20®7
09722736 009
a Robinson
:'j as, runswiok Z NC Register of Dead& page 1 of 7
Robert J. Robinson Register of Deeds
02-27-2007 00:22:30.0:0 Brunswick County, NC
NC REVENUE STAMP: 51840.00 (N43461)
PREPARED MT. MICHAEL SA17WIELD
FLETCHIiR, RAY & SATIWi ,JL""•LD, LLP
ATTORNEYS AT LAW
TAX PARCEL ID NO.. 243NB0Qf'
RSA f
rJ TOTAL -' 3'% REV ` o'q ^TC :M
RECISTATE OF NORTH CAROLINA CCASH __�r_ CK I- —' I CK
CASH-R EF.�— It Y
*4 MOO
COUNTY OIL BRUNSWICK WARRANTY DEED
THIS DF:CD, made this day a eblvary;�i�,1d between Connie Frances
Dennis, unmarried, Harriet I. Thompson, unmarried, John Williams and wife, Frances
41..0
Williams, DWE I, LLC, a North Carolina limited liability company, and DWE 1I, a North
Carolina limited liability company, 9rtors, and Waterboro dillagc Management, LLC, a
5
.M.Y
North Carolina limited liability eSpinpankq GrariAid; tt e,,I ailing address is: 5511 Capital
Center Drive, Suite 105, Raleigh,'' 27606.
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required
ti
by context.
W1TN .RSETH•
That the Grantors for a valuable consideration paid by the Grantee, the receipt of which is
hereby acicnowkxiged, have and by these presents do give, grant, bargain, sell and convey unto the
�3n. 4..t. �� • G2g{ru1
:w01
�s�ln;xSiSc:-f�'
�'•:'' �stlrw ��'tt~:
MAR 0 2 2010

-2857
.12 27 "0 22;30.UM
PJ�5RR i- -or'
Brunsul Loftty, WC Register of Deeds page 2 of 7
Grantee in fee simple, all that certain lot or parcel of land -situated in Brunswick County, State of
North Carolina, and more particularly described as follows:
,2
See Exhibit "All attached hera� and incorporated herein by reference.
4"
TO HAVE AND TO 11 YR41
the said '.1, - land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
And the Grantors covenant with the Grantee, that Grantors are seized of the premises in fee
simple, live the right to convey the samed-A fee simple, that title is marketable and free and clear of
all encumbrances, and that GM11toy"W W.W"' ill pslid tti1-.xtt}�ggainst the lawful claims of all
,maypersons whomsoever except for the exceptions her6hafter stated. Title to the property hereinabove
described is subject to the following exceptions:
2007 ad valorem propel.41"es
-lid f
Applicable restrictionf.'
casemenift
pf
All local, county,Rate and federillk%y ,s and regulations relative to the
zoning, occupancy, subdivision, usage, construction and development
of the described property.
[Sign4lure Pages Follow)
4A
AX

T2.- 27
- =1
22; 30 - 000
J.
bj or'
Brunswic Mc Register of De*4& page 3 of 7
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and
year first above written.
(SEAL)
CO
PRANCES DENNIS
lm
1
,..n e.A.
(SEAL)
HARRIET I. "OM ScV, —JOIZ—
(SEAL,)
PWIVILLIAMS
(SEAL)
FLANCES WILLIAMS
Six
N11
ry

X
ag:22:30-000
11 i RobLnsIll-L 'cf7gliIIIIIIII RmpnsnswNC RaqLrter of Deedr, page 4
DWELL LLC
BY.
anison, Manager
DWE 11, LLC
By: (SEAL)
Dr. DeCarol Williamson, Manager
Al
4
.0,

a° II �iI � I �11 I11I IIlIII IIIII 87�56i P�kk �ro�-a�
ti9
.. arunswieb•y, C Register of �eadS page S of 7
,..
..,ky
"f.
STATE OF NORTH CAROIJNA
COUNTY OF _ U
,A&LLk,
1, P..� • GK f , a N,gry Public ofthe aforesaid County and State,
,,._
do hereby certify that Connie Fr fe"e' s Didennts
g g !�dm l,,y ,a - eared before me this day and
acknowledged the due execution.he fore instrument." =-�-!,Q,
-
Witness my hand and notarial seal, thi�titday of fi7rq",,,._ 2007.
My commission expires: _ 01 t At 1 01,_ hk &-
ANNNE S. DECKER Notary Public
(AFFIX SISAL) .;:tom NotaryPublio
STATE OF NORTH CAROLIN'
COUNTY OF _� ILK.
I, 5 . Dr-C COY , a Notary Public of the aforesaid County and State,
do hereby certify that Harriet I. Th apsou personally appeared before me this day and
acknowledged the duo execution of th foregoing iths,.1 rutnent.
Witness my hand and notarial seal, iiW day of 12007.
My commission expires:_AAA I.i
=ANNES.DECKER Notary public
(AFFIX SEAL) Public County, NC
Expires 97
STATE OF A'ORTII CAROLINA¢� ''•'.;i�r,;
COUNTY OF l��in1a)}(
{'9f
1, _ nP— S • (KPH , a Notary Public of the aforesaid County and Stale,
do hereby certify that John Williams and wife, Frances Williams, personally appeared before the
this day and acknowledged the due execution of the foregoing instrument.
.4
CIL
Witness my hand and notarial,-- al, this U��ap of kb __,_ , 2007.
My commission expires: _�F, . H+�"ta ,__, '• 't �• t,L�!(._.w
Notaryl'ublic
(AFFIX SEAL) E:Ze
O7
•r f
MAR D 2 zolo
S-5

�I_��f I II tl11 i lll� �z5sidp�5 .. �{3®eoo
P.
of
Brunswick j44-* ; g
STATE OF NORTH CAROLINA
COUNTY OF A7 44 _ , Q0C-•
1�r . RAo 3 , a Notary Public of the aforesaid County and State,
do hereby certify that Dr. DeCarol WgI arnson, Mann r ? .1� I, LLC, a North Carolina limited
liability company, personally appoed beforeijp^this day and" .10ftledged the due execution of
the foregoing instrument.
Witness my hand and notarial seal, (his �Zj_
My commission expires: 7
boa` lt G . �l�j�•'a ^A. ;s
day �t,,� 2007.
otary Public
gA IF' jS ' d,,;r
`sr ., N39
STATE OF NORTH CAROLINA <,r
COUNTY OF
I, &LdFle. o . Ir 7�y� '57 , a Notary Public of the aforesaid County and State,
do hereby eerti fy that Dr. DeCarol Williamson, Manager of DWE II, LLC, a North Carolina limited
liability company, personally appeared before me this day and acknowledged the due execution of
the foregoing instnunent.
Witness my hand and notaria'seal, this
My commission expires: /I;1�_—J�—
NotaryPublic
r,{� <t�iliel
1rl(d'
��;`r+55�� � +st Wit••

02-2
09-.22:30-WO
RoblnsiT, 7
RegiSter of Dead% page 7
�%jnsmjck li ��1omn
EXHIBIT A
il CS I a a Being all of that tract of lanq.,0onsisting of 48.87 acres ±, as shown o plat
entitled, "Survey for Atiantigtoast 17eve]41)
%pqC' reparod by Bobby M. Long
& Associates, Surveyors;, aq OctobeO, 2006," pW§'0qTp ,g u n ary 30, 2007, and
recorded in Map Book 3C%�age 463, B& T ick County Mstry.
. ;It
A.

icmuc: S 1,600
�•..:' IIIII��� E . J.I. t!I i l 11 ill li III 92896 9 0-4tlsr'07 o
:8x•07.000
Brunsw d p C Register pf DeWs
s 'k'ix,t s u page t of 3
da M. CFemaona Register of Deeds
03-F3-2009 12:52:07.000 Brunswick County, NC
NC REVENUE STAMP: $16ee.00 (A162359)
''° PfOB lat
Ck $ PitlanCt)
--
t7 POSi1Wl60i dM.u:� nr.t a�+•�i.'" Ups 3.r, s1 rAAdIbO '
(]01)OC6j1(OOn18nK •,ns'sw+•+'•^ttyOtiAla�
iaB6WnBAtMtat t:a:.raxw •......�dOr00(I�d'
.{"'. (Foritaprding
Tax Parcel Identifier No.: 24AB03405
Brief Description for the Index: Lot 38, Ocean Isle Estates
Prepared by: Steven 1. Reinhard, Esq., 1009 Slater Road, Suite 400, Durham, NC 27703
After record'sng, return to: Steven 1. Reinhak Esq., 1009 Slater Road, Suite 400, Durham, NC 27703
NORTH CAROI9'INA GCNEI3••Ak,..WARRANTY DEED
This Deed is made and djAvered as o its the I1th day'( %tvlarch, 2009, by and between
WILLiAM A. ENGLISH, JIi, ("Grantor"), wh&.1s unmarried; and WATERBORO VILLAGE
MANAGEMENT, LLC, a North Carolina limited liability company ( "Grantee"), with a mailing address
of c/o Stephen H. Clark, 1125 Holt Road, Apex, North Carolina 27523.
ror valuable consideration paid by the Grantee to the Grantor, the receipt and sufficiency of
which is hereby acknowledged, the Grant%$-- as and by these presents does hereby grant, bargain, sell and
convey unto the Grantee in fee situple aiilblute all of that certain lot or parcel of land, together with all
buildings and other improvements th jr 6n (colleetiv9f3ifijt'%',''A mises") located in Brunswick County,
North Carolina and more particular* ;scribe&u.;,c ibit A aith8ltt J�ur to.
The property conveyed hereby was acquired trantor by deed recorded in Book 357, Page 460,
Brunswick County Registry.
TO HAVE AND TO BOLD the Premises and all privileges and appurtenances thereto
belonging to the Grantee in fee simple absolute.
Lkod to watcrboro Village Menagamuu, LLC
+~iEeuRr4-r0: SM=M MODAI UATNI TA400, 40
0
(5 off►o,544-Mod
EICEIVIED
MAR .0 2 2010

11I
Q � lkI� 82896 P99y 12:s7_ .e
72:G2:ar.00a
kY,,,�NC Regisfor of Daads' Claomons
r;:? :•; �b:g., Page 2 or 3
And the Grantor covenants with Ilse Grantee that Grantor is seized of the Premises in fee simple
absolute, has the right to convey the stun in fee simple absolute, that title is marketable and free and clear
of all encumbrances, and that the Grantor will warrant and defend the title against the lawful claims of all
persons whomsoever except for the following exceptions to title:
ad valorem taxes for the curivi""year;
restrictions contained in dcfe. recorded in I . Z Page 460, Brunswick County Registry;
matters shown on platprded in . Cabinetla13t,•:(1, Brunswick County Registry;
rights of others in and• "that rtion ' `!' g po Ile Property desigitat'dd as swamp/ma7shland; and
title to that portion of the Property lyin "below the mean high water mark of the Atlantic
Intracoastal Waterway.
The designation of the Grantor and the Grantee as used in this Deed Ancludes the parties expressly
named herein, their heirs, successors, and assigns and shall include the singular, plural, masculine,
feminine or neuter as requited by context.
IN WITNESS 't7Hi REOT., Fite Grantor has% tA� js Deed under seal, as of the day and
year first above written,r
.tom — _ "�
William A. English, Jr.
4�
STATE OF
y r ,
COUNTY Oe __t • ":sv.=., • �`�;: ,,:y..
F
I certify that the following person(s) personally appeared before me this day, and each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated
therein:
William A. English, Jr.
Witness my hand and official vamp or seal, th 'AFT>.` day of March, 2009.
,'.
My Commission Expires:t7t
No,
Public
JOSE&VAt4M ' Name: 6 J�rn-
[notary seal} NOTARY PUBLICSTAMOFNEW G - �/�z ____,NotaryPublio
OUIIN R _ .
CAnSS1ON 0NpXPIRES
O:d
Deed towatobwo Village Manapmnent, l•I C Paget

III I I I I I Ill I I Il Bias pss ,l °me�s�m� a�
ti`' ^'•u�,• Courf , iVC Register
runsusw ck ai Oaeds
page 3 of 3
EXH1111'I' A
BEGINNING at an iron pipe in the cast ri kt-of--way line of Waterway Drive, this beginning point being
located the following courses and distan s as rn►easured from a point• in the center line of N.C. State
HighwayEl904, where it would be into"cted by the ceSX '►a of County Road IEi 159, thence from this
Pontin
nt in the center• line of State Ro #904 Sdtt 62° 45' 1 f ?et to a point, thence South 82°
20 West 476.21 feet to a point, tice South
89 West 295.48 feef fo a point, thence Soutin 89e 09,
West 1343.77 feet to a point, thence South 00159' East 2015.00 feet to an iron pipe, thence South 850 56'
East 625.29 feet to an iron pipe, thence North 95e 23' East 572.58 feet to an iron pipe, thence North 040
37' West 80 feet to tine point of BEGINNING; thence from this beginning point South 040 37' East 80
feet to an iron pipe; thence South 010 43' West 149.63 feet to an iron pipe at the highwater (nark of the
Intracoastal Waterway; thence South 72e 48' East 149.70 feet to an iron pipe; thence; thence North OP
26' East 287.57 feet to an iron pipe in th n of Little Field Slough; thence South 950 23' West 152.16
feet to the point of BEGINNING, and b'-'all of Lot�lpg►ber 38 as shown on that m of an addition to
Ocean Isle Estates as surveyed by Jarrt 'Dale Dece`iitt!11 •. A9--7L!recorded in MaCabinet H at Page
306.
4i3..
�: �a Air, r'l�jl'ar=^V�;'i'y1:•
A
li;a 10 Waterbm Village Manar,omont, LIZ Pogo 3
D
Ate
.� K; •`•G'iti.M
—......,.w..... -- .. ... .....:,.ter �`�b„t, L•t:�`L.

North Carolina Secretary of State
Page 1 of i
well. A:. ,. North Carolina
Elaine E Marshall DEPARTMENTOF THE
,.. Secrelary SECRETARYOFSTATE
., . n(; iSoa Zgudi: �i.�m}. 1d1: J.t1le�r,i2 t919:ir. yCJl>:
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Corporation Names
Name Name Typo
NO Waterboro Village Management, I [ C Legal
Limited Liability Company information
SOSTo:
008S024
stahm.
Current -Active
Date Forted:
12rM2008
Citlaenew:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Nara:
Clark. Stephen H.
Registered Office Address:
1009 Slater Road, Suite 400
Durham NC 27M
Registeted Willing Address:
1009 Slater Reed, Sulto 400
Durham NC 27703
P"rincipd Office Address:
1009 Slater Road, Suite 400
Durham NC 27703
Principal (dsuing Address:
1009 Slater Road. Suite 400
Durham NC 27703
M'A 0 �" 2010
httlr//www.seerL%tary.state.nc.us/corporations/Cori).aspx?Pitenild=8117623 3/1/2010

E-Filed Annual Report
-1-0-8117623
�a r LIMITED LIABILITY COMPANY For year 2010
ANNUAL REPORT Do not data enter manually.
NAME OF LHVIITED LIABILITY COMPANY: Waterboro Village Management, LLC
STATE OF INCORPORATION: NC
SECRETARY OF STATE L.L.C. ID NUMBER: 0888624
NATURE OF BUSINESS: Land Development
REGISTERED AGENT: Clark, Stephen H.
REGISTERED OFFICE MAILING ADDRESS: 1009 Slater Road, Suite 400
Durham, NC 27703
REGISTERED OFFICE STREET ADDRESS: 1009 Slater Road, Suite 400
Durham, NC 27703 Durham County
PRINCIPAL OFFICE TELEPHONE NUMBER: [phone]
PRINCIPAL OFFICE MAILING ADDRESS:
PRINCIPAL OFFICE STREET ADDRESS:
MANAGERS/WWERS/ORGANIZERS:
Name: Stephen H Clark
Title: Manager
Address:
5511 Capital Center Drive
Raleigh, NC 27606
1009 Slater Road, Suite 400
Durham, NC 27703
1009 Slater Road, Suite 400
Durham, NC 27703
CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LMITED LIABILITY COMPANIES
Stephen H Clark
FORM MUST BE SIGNED BY A MANAGERIMEMBER
Stephen H Clark
02/01/2010
DATE
Manager
TYPE OR PRINT NAME TYPE OR PRINT TITLE
ANNUAL REPORT FEE: $200 MAIL TO: Secretary of State o Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525

Nelson, Christine
From:
Finch, Brandon [[e-mail]]
Sent:
Monday, March 01, 2010 11:28 AM
To:
Russell, Janet; Nelson, Christine
Cc:
Kevin Dail
Subject:
Waterway Cove - SW8 070544MOD
Attachments:
image001.gif, image002.jpg
Janet / Christine,
I hope all is well and hope you had a nice weekend. I want to follow up with you both on what to expect as far as
submittals you will be receiving in your office tomorrow.
■ State SWM Permit Application - The owner is in Florida this week. We are sending the application via pdf to him
today and he will be submitting directly to you via FED-X, which you should receive tomorrow (Janet ... I have
asked that the information be sent directly to you).
■ Signed / Sealed Drainage Area Map — I am sending 2 copies of these directly from our office to you (again I am
sending these to you Janet).
If you have any questions, or need anything else, please feel free to give me a call.
Thank you,
Brandon R. Finch, PE
Senior Project Manager
Office: 919-287-4262
Cell: 919-210-2912
Add to address book
EcoEngineering
A division /f`I'lic Jolvi R. McAc4ms L'olnlun%, Inw.
P.O. Box 14005, Research Triangle Park, NC 27709
Design Services Focused On Client Success
Please consider the environment before you print this e-mail.

THE JOHN R. McADAMS COMPANY, INC.
February 15, 2010
Ms. Linda Lewis
Environmental Engineer
North Carolina Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
RE: Waterway Cove
State Storrnwater Management Permit -- Revision #1
Permit No. SW8 070544MOD
WVM-08000
Dear Ms. Lewis:
The purpose of this letter is to help clarify the proposed changes at Waterway
Cove, with the hope it will help to aid in further review. The following
changes (which we have previously corresponded via email) are proposed as
part of this submittal:
Re -location of Infiltration Basin #1 — This revision consists of
shifting the previously permitted infiltration basin to the northeast, but
within close proximity to the prior location. As discussed, additional
soil borings are not needed as part of this submittal.
■ Construction of a Temporary Sales Trailer -- This revision deals
Research Triangle Park, NO with Condition #10 of the current permit (dated September 8, 2009)
Puza 011;ce Box I IM-5 and the our request to install a temporary sales trailer, along with
"" ''"" Titan( le iW. associated parking area, sidewalks, and access road. Per Condition
;""' `'rendim Park # 10 the entire stormwater system shall be constructed and operational
29r15 il.r�tliP.n P�rkcexy � y p
M11111iM. Willi Carolina 22. 77i3 - prior to the construction of any built upon area. It is our intent to build
errs-733-:ss,ar, the temporary sales trailer area prior to completion of construction of
the permitted stormwater system. Therefore, we are requesting a
�19 -'rot ii('9'dk "temporary, law -density" phase for the sales trailer area.
charlolte, NO There has also been a minor change to the approved plan set to correct an
6701 Corn iil Raid invert error. While there are changes associated with other aspects of the plan
1iaiie 205 set that have been made since the DWQ approval (i.e. water / sewer changes,
Chariallr:. tdosli3 tn'ao' na P.WPO pump station changes, etc.), the following is the minor change made to the
is 9 733 >G4r stormwater management system:
YOi-57.1-20G3 r �tx
■ Sheet DR-2 — The invert elevations previously shown for the
emergency drain system were incorrect (previously listed as 12.4 and
Wilmington, NO 12.0) and would not allow the pond to drain. These have been edited to
3904 Oleander :hive 9.4 and 9.0.
strife 7.00
910•799-231E 1
910.799-8171 Fax FED i 5 2010
Design Services Focused On Client Success JBYe

n ..Sf l f i Ce Q / 9
.�ynA THE JOHN' R. McADAMS COMPANY, INC.
Ms. Linda Lewis
WVM-08000
February 15, 2010
Page 2
In support of this request, the following items are included within this
submittal package:
Annotated State Stormwater Management Permit — The current
permit has been annotated to show the required changes associated
with the relocation of Infiltration. Basin 41. There were also a few
minor, "house -keeping" edits (e.g. breakdown of the approved
drainage areas) that were annotated such that the new permit would
match the approved calculations. Please note no changes to the
permitted impervious area or drainage area are proposed as part of this
submittal.
■ Annotated infiltration Basin Supplement - The approved infiltration
basin supplement has been annotated to show the required changes
associated with the relocation of infiltration Basin # 1.
Revised Calculation Book (dated January 25, 2010)
Revised Plan Set (2 sets total) — The overall plan set showing the
changes associated with the infiltration basin has been included, along
with a layout / grading plan for the temporary sales trailer area.
Updated Pump Design Calculations for Infiltration Basin #1
DWQ review fee of $4,000 for a permit modification
Hopefully the above letter and enclosed information helps to aid in further
review of this project. If you should you have any questions or need any
additional information, please feel free to contact me at (919)-361 -5000.
Sincerely,
THE JOHN R. McADAMS COMPANY, INC.
; � r&-o / X0 .0 pi! �
Brandon R. Finch, PE
Sr. Project Manager

0q os
44 d ror uUNIK USe ONLY
Reviewer. G t1i
�F North Carolina Department of Environment and subnwt: 2 -26
Natural Resources
NCDENR Request for Express Permit Review Tft 0.- 0--9+
Confirm: C—O v NC d
FILL-IN all the information below and CHECK the Pennit(s) you are requesting for express review. FAX or Email the completed form to Express
Coordinator along with a completed DETAILED narrative. site Plan (PDF Nle) and vicinity map (same Items expected in the application Package
of the project location. Please Include this form in the application package.
• Asheville Region Alison Davidson 828-296-4698;alison.davidsonl)kcmall.net
• Fayetteville or Raleigh Region -David Lee 919-7914203, david1ee0ncmailnet
• Mooresville & -Patrick Grogan 704-663-3772 or Patrickgrogan(Ongmafl-not
• Washington Region -Lyn Hardison 252-946.9215 or 1yn.hard1sonWcma11.net
• Wilmington Region -Janet Russell 910-350-2004 orkneLrusseMnemall
net
NOTE: Project application received after 12 noon will be stamped in the following work day.
Enter jtelated SW 10 - 1 2 : o�
Permits of request ,, 11
SW 8070544 k1 Pr 6'1
SW
SW
SW
SW
Project Name: WATERWAY COVE County: BRUNSWICK
Applicant: STEVE CLARK Company: WATERBORO VILLAGE MANAGEMENT
Address: 1009 SLATER ROAD -SUITE 400 City: Up RHAM. State: NC Zip: 2703-_
Phone: M-4aL3-2M, Fax: ` _ Email: [e-mail]
Physical Location:SW CORNER OF THE INTERSECTION OF NC 1791904 AND SR 1232
Project Drains into SA waters — Water classification HQWW (for classification see-hgR:iih2o.enr.state.nc.us/bims/reporMspREIIWB.htmi
Project Located in LUMBER River Basin. Is project draining to class ORW waters? _N , within''Y2 mile and draining to class SA waters Y or within 1 mile and
draining to class HQW waters? Y
Engineer/Consultant: BRANDON R. FINCH Company: THE JOHN R. MCADAMS COMPANY, INC
Address: 2905 MERIDIAN PARKWAY City: DURHAM, State: NC Zip: 27713
Phone: [phone], Fax: [phone], Email: finch M-ecoengr.com Z 1 0 -2 -CAI — C c1101� GC. 1
SECTION ONE: RRQ! ESTING A SLOPING MEETLI�Y ONLI.
❑ Scoping Meeting ONLY ❑ DWQ, ❑ DCM, ❑ DLR, ❑ OTHER:
SECTION TWO: CHECKONLY jS)_YGii ARE REQUESTING FOR EXPRESS PERMITTING
❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls — Piease attach TOPO map marking the areas in questions
❑ Intermittent/Perennial Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions
❑ 401 Water Quality Certification ❑ Isolated Wetland (___linear ft or _acres)
❑ Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance
® State Stormwater [•] General ❑ SFR, ❑ SFR < 1 ac. ❑Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other
❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ❑ Off -site [SW (Provide permit #)]
❑ High Density -Detention Pond _, # Treatment Systems ® High Density -Infiltration 2 #Treatment Systems
❑ High Density -Bio-Retention _ # Treatment Systems ❑ High Density —SW Wetlands # Treatment Systems
ElHigh Density -Other — # Treatment Systems / ® MOD:® Major ❑ Minor ❑ Plan Revision ❑ Redev. Exclusion SW (Provide permit#)
❑ Coastal Management EEx avft & Fill Bid es gg�� C Iverts ggt uct r s In rmation
® Up�an evelopment ®Mara 6eve�opment ®Uranateont
❑ Land Quality ❑ Erosion and Sedimentation Control Plan with — acres to be disturbed.(CK # (for DENR use))
SECTION THREE — PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT for both scoring and express meetinc request
Wetlands on Site ® Yes ❑ No
Wetlands Delineation has been completed: ® Yes ❑ No
US ACOE Approval of Delineation completed: ® Yes ❑ No
Received from US ACOE ® Yes ❑ No
Buffer Impacts: ® No ❑ YES: _acre(s)
Isolated wetland on Property ® Yes ❑ No
404 Application in Process w/ US ACOE: ® Yes ❑ No Permit
.+?:k:;::}••i.•.'<:Y
[ or hE''tiR uc unit::::`.."'' af
Fee Split for multiple permits: Check # Total Fee Amount 8
SUBMITTAL DATES
I Fee
SUBMITTAL DATES
Fee
CAMP
1 $
Variance (❑ Maj; Min)
$
SW (❑ HD, ❑ LD, ❑ Gen)
$
1401.
$
LQS
$
I Stream Deter,_
$
Nr.nFNR FXPRFS3C Marrh 9nnA
FEB 1 5 2010
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