SW8070544_Historical File_20210419

ROY COOPER
covenwr
DIONNE DELIJ--GATTI
sexy
BR1AN WfRE1NN
Mecror
April 19, 2021
WCP II, LLC, Current Pennttee
Attn: Mr. Chadwick Whitley, Manager
5415 Gilboa Road
Marshville, NC 28.103
NORTH C4ROU NA
ERrt unmental Query
Waterway Cove Homeowners Association, Inc., Proposed Permittee
Attu: Ms. Karen Austin, HOA President
c/o Mr. Marvin O. Tharp
1643 Waterway Cove Drive, Box 160
Ocean Isle Beach, NC 28469
Subject: PROJECT RETURN, NOTICE OF NON -COMPLIANT INSPECTION,
REQUEST FOR RENEWAL, AND REQUEST FOR MODIFICATION
Waterway Cove
Brunswick County
Dear Applicants:
The Division of Energy, Mineral and Land Resources (DEMLR) has returned the recent request to transfer the
subject permit due to non-compliance. The permit needs to be renewed and modified before it can be transferred.
Name/Ownership Transfer Application Return Due to. Non -Compliance:
On January 26, 2021, the Division received an incomplete State Stormwater Management Application for the
project listed above. A review of the file and of the information submitted found that a modification is needed
prior to transferring the permit as discussed in the enclosed March 9, 2018 letter. Per the requirements of Title
15A NCAC 02H.1042(3)(aXii) of the Stormwater Management Rules, this Office is hereby returning the subject
application as incomplete. The $505.00 application fee has been forfeited and a new fee will need to be provided
if you choose to resubmit this application in the future.
1. Please submit all the items listed in Section C of the Name/Ownership Change Form.
2. Specifically, the following items were not submitted with the current application:
a. Common Area Deeds: Please submit the deed showing that the HOA owns the land associated
with stormwater treatment. Please also submit copies of any recorded maps referenced in the
deeds-
b. Election Minutes: The NC Secretary of State shows that Karen Austin is the HOA President, but
Marvin Tharp has signed the application documents as Interim Board of Directors President.
Please submit documentation that Mr. Tharp has the authority to sign for the permit. The most
common documentation is election minutes.
c. Operation and Maintenance (O&M) Agreements: Please submit the O&M Agreement signed by
the HOA.
d. Certification: A certification is needed prior to transfer.
o ,A North Carolina Department of Environmental Quality I Division of Energy,. Nneral and Land Resources
Wilmington Regional office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
m.rmmro aF� 910.796.7215

State Stormwater Permit No. SW8 070544
Page 2 of 3
e. Recorded Deed Restrictions:
i. Restrictions recorded on BK3523/PG0205 and BK3984/PG0700 were submitted but this
does not appear to reflect the entire subdivision.
ii.. BK3523/PGQ223 reflects the maximum impervious area per drainage area rather that
impervious area per lot.
iii. 2021 Annual Report: The 2018 and 2020 Annual Reports on file are both dated January
311 of the respective years. Please submit the 2021 report. Please consider the following
in compiling the report:
I . Section 2, Lots 24-54: The impervious area per lot is not listed in the 2020
report. Please include these lots in the report.
2. There is correspondence on file from 2017 that Basin #1 was overbuilt. Please
ensure that the impervious area for both infiltration basins is at or below the
permitted values.
3. The 2018 Annual Report reported that 8 lots have been deeded/recorded without
BUA allocation (Lots 106, I21, 85, 110, 112, 122. and 125). However, only 7
lots are on that list? Please ensure that the lots are within the appropriate
impervious area allocation.
4. Some lots are not yet constructed. Please ensure that all lots are reflected in the
summary.
5. Please email the spreadsheet to [e-mail].
Notice of Non -Compliant Inspection, Request for Permit Modification, and Request for Renewal:
1. On March 19, 2021, the DEMLR inspected the subject project, located along Waterway Drive in
Brunswick County to determine the status of compliance with the State Stormwater Management Permit
Number SW8 070544 issued most recently on October 4, 2017. DEMLR file review and site inspection
revealed that the site is not in compliance with the terms and conditions of this permit. Please find a copy
of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes
the findings of the recent inspection.
a. Request for Modification to Address Encroachment:
i. On March 9, 2018, the Division. notified you of an encroachment issue that needs to be
resolved. Specifically, the level spreader and filter strip encroach onto land owned by
William and Lillian Bright. Please apply for a modification to address this issue.
ii. The land owned by the Bright family was inside the project area when it was permitted in
2010. The permit was modified in 2016 to reallocate impervious area. 1t is unclear why
the 2016 plans would have removed the required level spreader and filter strip. Its
removal was not mentioned in the enclosed narrative for that modification.
iii. It is unclear how land now owned by the Bright family if it has been taken out of the
SW8 070544 project area. Land that was previously permitted should never become un-
permitted. Please address this issue if that land has been removed from SW8 070544.
iv. A diagram summarizing this issue is included with the inspection pictures.
b. Other Compliance Issues: Please see the enclosed inspection pictures.
i. Basin 1: The basin should be maintained per the O&M Agreement.
ii. Basin 2: Please see the attached pictures.
I . Riprap aprons within the basin need to be maintained.
2. Riprap apron below the outlet draining into the vegetated filter needs to be
installed.
3. Could not locate the level spreader. Needs to be installed and maintained.
4. Erosion occurring within the vegetated filter.
North Carolina Department of Environmental. Quality I Division of Energy, Mineral and Land Resources
WRtmngton Regional office 1 127 Cardinal Drive Extension i Wilmington, North Carolina 28405
nwmri crcnuraa
0
910.7%.7215

State Stormwater Permit No. SW8 070544
Page 3 of 3
c. Request for Permit Renewal: SW8 070544 expires on July 3, 2021. Per 15A NCAC 2H.1045(3)
(the storrawater rules), applications for permit renewals shall be submitted 180 days prior to the
expiration of a permit and must be accompanied by a processing fee, which is currently set at
$505.00. The renewal application can be found at the following website under the Applications
Forms section: hops://degme.aoy/about/divisionslenergy-mineral-land-resources/enerMmineral-
land-rules/stormwater-prog[ggL/post-const uction.
If you have any questions, please do not hesitate to call me at [phone] or email me at
[e-mail].
Sincerely,
` - QC
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
CANH/kpj: \\\Stormwater\Permits & Projects\2007\070544 HD\2021 04 returnapp 070544
enc: Transfer Application
Inspection Report
Inspection Pictures
Letter, March 9, 2018
January 2016 Project Narrative
cc: Tim Clinkscales, P.E., Paramounte Engineering
122 Cinema Dr, Wilmington, NC 28403
Bill Bright
PO Box 7272 Ocean Isle Beach NC 28469
Mary Tharp
6510 Anchors Bend Drive, Ocean Isle Beach, NC 28469
Wilmington Regional Office Starmwater File
D�� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
E 0 Wilmington Regional Office 1 127 Cardinal Drive Extension 1 Wilmington, North Carolina 28405
.� �asoircaA
�.+�srnM.n.+rmrlr� 910.796.7215

This cer%,.< s t:?:.'. lnure are no delinquent ad
valorem taxes, ,zes, assessments or other
liens which the Brunswick County Tax
Collector is charged with I ectinq, that area
Gen on: Parcel Number
as notated by the Brunswick County
Assessor's 01fice. This is not a certification
that the parcel number matches the deed
descr. ti n
1- 7
Date (Ass!) Tax CADel.pee.
Revenue: 3 0
re, n er
TOt r Inl.
Ck r f . Cash $
Refund:— __FirmDe
❑P0rUonsol0v;i;v <, i,, :C •:Ufld(hpn
oloNinal
fl0ocumemconra�rr:_:. ,.-.,...,.rrginal -
iasRltrnenllnaiwniMl,R t,;,aou:aorcopied.
(For Recording Data)
Tax Parcel Identifier No.: 243NB03405 IIIIII IIII IIIIIIIIIIII1II Il I11111111 B3234 P1121, 35 34'�aF
Brief Description for the Index: Lot 38, Ocean Isle Estates Brunswick County, NC Register of Deeds Page 1 of a
Prepared by: Steven I. Reinhard, Esq., Reinhard Tucceri, PLLC, 8340 Bandford Way, Suite 103,
Raleigh, NC 27615
After recording, return to: Steven I. Reinhard, Esq., Reinhard Tucceri, PLLC, 8340 Bandford Way, Suite
103, Raleigh, NC 27615
NORTH CAROLINA GENERAL WARRANTY DEED
This Deed is made and delivered as of this the day o— rby and between
WATERBORO VILLAGE MANAGEMENT, LLC, a North Carolina limited liability company, with
an address of c/o Stephen H. Clark, 1125 Holt Road, Apex, North Carolina 27523 ("Grantor"); and
STEPHEN H. CLARK and spouse, MARY LOUISE CLARK (collectively, "Grantee"), with a
mailing address of 1125 Holt Road, Apex, North Carolina 27523.
For valuable consideration paid by the Grantee to the Grantor, the receipt and sufficiency of
which is hereby acknowledged, the Grantor has and by these presents does hereby grant, bargain, sell and
convey unto the Grantee in fee simple absolute all of that certain lot or parcel of land, together with all
buildings and other improvements thereon (collectively, the "Premises") located in Brunswick County,
North Carolina and more particularly described on exhibit A attached hereto.
The property conveyed hereby was acquired by Grantor by deed recorded in Book 2896, Page
959, Brunswick County Registry.
TO HAVE AND TO HOLD the Premises and all privileges and appurtenances thereto
belonging to the Grantee in fee simple absolute.
And the Grantor covenants with the Grantee that Grantor is seized of the Premises in fee simple
absolute, has the right to convey the same 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:
1. ad valorem taxes;
2. restrictions contained in deed recorded in Book 357, Page 460, Brunswick County Registry;
3. matters shown on plat recorded in Map Cabinet H at Page 306, Brunswick County Registry;
4. rights of others in and to that portion of the Property designated as swamp/marshland;
5. title to that portion of the Property lying below the mean high water mark of the Atlantic
Intracoastal Waterway; and
6. other easements, restrictions and matters of record.
Deed to Clark— English Lot

IBuIIII 1111111111111111111 Ilil III jgP1122123.34.0 mnions oP
swick County, NC Register of Deeds page 2 of 3
The property conveyed hereby does not include the primary residence of Grantor.
The designation of the Grantor and the Grantee as used in this Deed includes the parties expressly
named herein, their heirs, successors, and assigns and shall include the singular, plural, masculine,
feminine or neuter as required by context.
IN WITNESS WHEREOF, the Grantor has executed this Deed by its duly authorized manager, as
of the day and year first above written.
WATERBORO VILLAGE MANAGEMENT, LLC
a North Carolina limited liability company
By: i W
Stephen H. Clark, manager
STATE OF NORTH CAROLINA
COUNTY OF
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she signed the foregoing document:
Stephen H. Clark, manager of Waterboro Village Management, LLC
Witness my hand and official stamp or seal, this the 736 day of December, 2011.E
MyCommission Expires::�;a'f- S420jL
Notary Pu is . —�
[notary seal] �•`aRISH¢Rf+'%i!�3 Name:l�>hIS-Y Q, AAEfR Notary Public
7
' •rlorgRy : _
+fit AGBLC
Deed to Clark — English Lot Page 2

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Brunswick County, NC Register of Deeds page 1 of 3
PI"29�rif C .—fief:
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RIGHT-OF-WAY EASEMENT FOR A L.L.C.
Brunswick Electric Membership Corporation - PO Box 826 • Shallutle. N(" 284$9 • 910-7S4•4391
Imoµ• all men by these presents. that t.}Cr6o_ n�y� M M �_ geken V. C fur%
!1lember/Stanager, doe, herch-t grant unu, llrtin,"Ick F.leca,c .kirmlm"filp ('orlxlrotion. l- ,u.:,escn,..n,i,•It,.:+nJ:I•r par'nsvlc
o FT11 ttutiuns: hereinallci colleclitcl, releired to a, "lili\1(...::1 ;ltnn:ulem non-ettlu,lte rl;•h1 ,fi-"at anJ aanrntcnl u,. ill,:,n. unJtr. •+,;
amll through flit priirert, li:rciaullcr tk,rnhed. aroelher "i'h the nphl I-, a.•n'I. maim. m Ierlaer. Ice: ihlltl, 1. -q,rcd,. VVI,.1
tact; it ie„t fill ,dl neer,wn anJ proper etluq,ntenf. and „ihel ,tl,pl i:idle,. I tl tit c,. ;InLl ,!fin, !,., u,c ul ,uu n,, 11,m !hcre"'it .. I:, ,tl,roll
(her,!rom. lnaint:un. and u„• ,ueh lacrhlic, a, (-rantee „III IIont mile to ilntc milk deem It ntcc—art k,r the Iran,mt„wn:uxl Ilnu ih111IF o!
r!ertric enrrgt h, rllx• tit nx/rt eueuii, nut rnh.ulrtd Icehilologn`d lepl'rt:enx fit det Ice,.:if u1he1 nca a•„ar't aprar.uu, Inr pum+„c, oI'
lit-;tW - I. ant le-Ce II)CIt41l allAlg ,ajd ri_•hl-nl-"•i, and j�la ix•rn. tit,nn ctru,in k'ma�, "filch ore ,fie:tie.! m Sia.110 jiC, 1 ttn,h t`.
QN�k( oanq. State of North ( ::rot na. de,crlhed iniro,k _� . P; . �(. o tha �t�nS. .C1(C _.Ln,. yu .�
p:lrti,uL:rl, Jntribed a,. tier L•thii,ii ".i" attached iletol. :,It.!,ntllrna,rucd
The imtlerienrdals„ grant, tin toliF'11C.if, urce"ol"and ;n,lvn,. the iitillh,enter!,-rlhri,urp,,,e:,!in,pcalln_theh1, ,fills.;:d•li,.
mJ lu nlukr Were„tin repair, ,u1J alteration, lhrrcol a, derai, ad, t,;thlr find etralienl n!tllid Inv I he ri "hi In fir:n :,,> 1,.-n Io] 'I-1 11 inl.Ir !
rrmo,ealllhrwee,:uld,hnlhhcrt htmechanic;llurehcinlccdmean,anal,glie,ohiccl.Itlie] e,e,,ruin, ! "hi h,un,ul.n:,.-fit a,!t.• :u.:
laethhe,a, rca,onubl, Jrlcnn;nal M Eil:fit[' and thr rivhl of in,'rt„:md:_rc„ tn,:ud Ilnr, Deer th.• rng4•^) of the Grout•:r •, he!h.• ••,;
pre,rnd,N r,i,linv r ad,ls' itatnr rrlad, "filch nw fir Irt.itt,l l:pnn,:ud I,nq,rn, In h_t ,utholh,l i,llne,a, „ill o,:1-j 11; Ill.
Jamave :and illcomemencc to thr undenlened. 'Ilie unJer,ivntd ,a III not Ot.:Cl , . C-gI,ll-tICI 'in% le, "It,ch na_hI a:,iea,l•n.'•I-.
inlerlcre"uh the tiseol %aid rivhrol-"a} „fihin,aid r,I,cntent,ind Hl:tl(""III ha,cal,r, the right luitnt,lrurlfit ,hvg,n; . u,rclm:ejilt !•.
,�he� r'e:1,rR1:1l,It mean, nlallll,lll,. 41IMait• telln•:at. alld rVJ1I:1t, 1111JC1 ;r,nma! rlrc•!ir.11 . It , I•f, ln, :•J tic?mI!Ingira! r::`Ia,:•I •tdn-,-t, -. c.
and other nCieN%JI% apral'alti,.
Special(vnditions\ecLthihit"B."Addandumt_ki_•luyi-11.it_1u1e1'nt�n:_awn_tcJh.t_ctl,anJm;-•r,o:aieaih,;
l tic undcisi med cmcncnl, that the} are o"tic I, of %x,l premi,,• tit let ,Inmlt ,Ind that the ,a file .ur tl:c and clrar,•1 .11 cit, u:nl rang:•
eceept Atl easement,. remrwtion,. n„ht-oG"at, vht ullicl of rceorJ .H ?I( ill: d�ut_-(_21A_a:�eiu�n,tt p _wy Irt.ltldrag
�L+londut uJ �aloremyrprl� cute, Ilut }at due all pu�uhle.
IN WITNESS N'HF:RF:OF. the undervpn,•d ho,:\euiled I,hl-, KI,•hl \1.n \ re monl lla- theit
STATE OV NORTH ('FILROLI V.A - ( •O('N"r4 OF woke
!. a Notar, Public o0he o tint, and ,laic afurescl do hrrrh, rrnili (hill G kt n 1i C -k--f K liember!\Iweµver
Of ��x-�c fir oco AI a !2 111. 4 l_� --- — -- ---
alr� pnncipult,:. punonult� appeared hclort I,,. lili, dot. ;uttYw I I h.:•t Ier„'n,r!
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id.-..ry i.......
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!or ill e rurpnse therein and in file cupacit\ indicated.
IN IV �� , •tetuhJ Ihl��l
.\vreemom ttill,file r11j, reFM v uSt ]t105
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a,,Y,ttlrrl KTM C 1L STATE OF NORTH CAROLINA )Ills sal tii_nau,rt
MY COMMISSION EXPIRES 6-22-2012 _�1e�e� 'L.• Z .L- korLA— —
Mt o _-- ti,gart ruhlie , Pt-INCLI or "I'tl*'J \:ale•
NORTH ('AROIANA — C'O1'\TY OF
The hnregoingoranncwdcrrtiliea[,a,lof \,•G.n,uI,.:I'uhl=, °t,:, ha•.�:I,,:,h
tt'rillyd IF) h:r .I Signature, cad or ,taint, and :ul ttrir:Iu,-11 dial; Hu, tmrrarnenl .Ind chi, „rl!:I ;fie are dal, rtel,lr-al it; lie I "i1c a•Id
mile and in the hunk anti rage ,ho"n on file lint l mgc hcrl,N.
tttel,iel al Ura,i,
B,: A„t.iUeput, ke,_I,irl of U,td,

Brunswick t,,11IlIIIIIIIIII mods-56.006
Brunswick County, MC Register of Deeds page 2 of 3
EXHIBIT A
BEGINNING at an iron pipe in the east right-of-way line of Waterway Drive, this beginning point being
located the following courses and distances as measured from a point in the center line of N.C. State
Highway 4904, where it would be intersected by the center line of County Road 41159, thence from this
point in the center line of State Road #904 South 62' 45' West 359.95 feet to a point, thence South 82'
20' West 476.21 feet to a point, thence South 89' 09' West 295.48 feet to a point, thence South 89' 09'
West 1343.77 feet to a point, thence South 00' 59' East 2015.00 feet to an iron pipe, thence South 85' 56'
East 625.29 feet to an iron pipe, thence North 850 23' East 572.58 feet to an iron pipe, thence North 041
37' West 80 feet to the point of BEGINNING; thence from this beginning point South 04137' East 80
feet to an iron pipe; thence South 01 ° 43' West 149.63 feet to an iron pipe at the highwater mark of the
Intracoastal Waterway; thence South 72' 48' East 149.70 feet to an iron pipe; thence; thence North 01'
26' East 287.57 feet to an iron pipe in the run of Little Field Slough; thence South 85° 23' West 152.16
feet to the point of BEGINNING, and being all of Lot Number 38 as shown on that map of an addition to
Ocean Isle Estates as surveyed by Jan K. Dale on December 17, 1975, recorded in Map Cabinet H at Page
306.

IIIII IIIII IIIIIIIIIIIIIIIIIIIIIIIIII 3B2995rend M. Cl mmio�s 56 0m6
Brunswick County, NC Register of Deeds page 3 of 3
EXHIBIT—B"
Addendum to Right-ol•-Wav Agreement
1 The I+n'aunn or relocation area of the ImIll-of•%tax and cakntc•nl khall he mutualIN aIpved ttvuu hehlec[, dbc u+.net and
HEMC'.
tiomithstandtag anything to t}K cuntr.+n rnnnlilxd he nin, only BEMCcquipnn nt and re kled file ;tpintrtcn:+m
equipment %hall he !xmiittcd in the eaxmenl area.
IN, ca.cmcm ma% not he a-igned auhotn the prior Niincn 0111'Cnt ni the n++nee
�. Notwith,tandin anything w the conmu% contained hvi-cm, tite landowner rc.cr�e%all right. it' owner,hip In the n1-opcn.%
whicharenutinron.sWentwiththe n hi%hereingr:ma•d.prmidcd. hoursCt.ttCrightandux•ofthera.ent•nlh.RFMC,h:d!
nol he di.turhed and/or hoed••red with by any third pimY ::nd(or the owner.

III I I IIIIIIII I I I I 11111111111 IIII II III B3667 P1060 007-21-2015.
ons 01.00 P
Brunswick County, NC Register of Deeds page 1 of 3
Brenda M. Clemmons Register of Deeds
07-21-2015 09:43:01.000 Brunswick County, NC
NC REVENUE STAMP: $170.as (#445197)
Presenter h— 1'' Ret:U�
Total ;. Int. J` S
Ck $ I C1 Ck 3/D ] Cash $ _
Refund-- ___ Finance__
❑ PodIOn� J' 'd:.ull.r.��t..fV G;oJ ;.k::a,c. iU.�IH1�1100
of 0rf8T9!
❑Qrranerf:X:n:.! ,�;. wyyargmal
ir.:JMelft Matc�r:roi ,,. _,:o::cced or copied.
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tat { 1 -7 V
Parcel Identifier No. 243NBO3405 Verified by County on the _ day of ' 20—
MaiUBox to: LILES & GODBEY, PC, 6406 BEACH DRIVE SW OCEAN ISLE BEACH NC 28469
> instrument was prepared by: James Godbey, a licensed North Carolina Attorney
Brief description for the Index:
THlS DEED made this 20th day of July 20 15, by and between
STEPHEN H. CLARK and wife,
MARY LOUISE CLARK
1125 HOLT ROAD
APEX, NC 27523
GRAN l-11
WILLIAM E. BRIGHT and wife,
LILLIAN SALCINES BRIGHT
P. O. BOX 7272
OCEAN ISLE BEACH, NC 28469
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 by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, thereceipt of whichis hereby acknowledged, has
and by these presents does grant, bargain, sell and convey unto the Uranoee fee simple, all that
County, North Carolina and
in the Cityof OCEAN ISLE BEACH p,
more particularly described as follows:
See Attached Exhibit "A".
The Subject Property was not the Grantors' Primary Residence.
JPelinquent Taxes, if any, to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement of closing
proceeds.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 323A page 1121
A map showing the above described property is recorded in Plat Book----E-- page 306
NC Bar Association Form No. L-3 ® 1976, Revised © 1977, 2002
Printed by Agreement with the NC Bar Association —1981 SoftPro Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609

1111111111111111111111 Illl llll 111 Jill B��? F1061 mons 001 PROP
Brunswick County, NC Register of Deeds page 2 of 3
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee
in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized ofthe premises in fee simple, has the right to convey the same in
fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against
the lawful claims of all persons whomsoever, other than the following exceptions: All applicable zoning and land use
ordinances, statutes and regulations; 2015 ad valorem taxes; applicable restrUvevenanis and utility easements of record.
IN WITNESS WHEREOF, the Grantor has duly executed the forof and y first above written.
(SEAL)
(Entity Name) STEPHEN H. C
By �C61 EAL)
Title: I /f RY SyE�CLARK
By:/ (SEAL)
By: (SEAL)
State of,.Nagh-Camlm- - County of
1, the undersigned Notary public of the County and State aforesaid, certify that STEPHEN H. CLARK and wife,
MARYLOIAUCLARK personally appeared before me this day and
acir 1TdAQlsqbj Nexecution of the f reg mg instrument for oses expressed Witness my hand and Notarial
gl4�A�1' day of BETTY J. RO S
�1 8:� •: . MY COMMISSION
e im N 2 .`7o yF'? E%PIRESNav bera.201-iT1 liC
'itta• ' C't roam s� FloridallotWVSorvicc.Wm
County of
;dNotaryPublic ofthe County and State aforesaid, certifythat
;day and acknowledged that he i, the _ of
a North Carolina or
corporation/limited liability com4any/generalpartnetshiPlimitrdp p(strikethroughtheinapplicable),and
that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalfas its act and
deed. Witness my hand and Notarial stamp or seal, this day of , 20_.
My Coaraiwion Expires:
Notary public
State of North Carolina - County of
1, the undersigned Notary public of the County and State aforesaid, certify that - --. --
Witness my hand and Notarial stamp or seal, this day of
My Commission Expires:_
Notary Public
The foregoing Certificates) of
is/are certified to be correct This instrument and this certificate are dulyregistered at the date and time and in the BookandPage shown
on the first page hereof.
Register of Deeds for COY
By: Deputy/Assistant - Register of Deeds
NC Bar Association Form No. L-3 ® 1976, Revised ® 1977, 2002
Printed by Agreement with the NC Bar Association -1981 SoftPm Corporation, 333 E. Six Forks Rd, Raleigh, NC 27609

IIIIII 1111111111111111 Jill III II III III 83667 F1062 : 43 00-ppop
000
Brunswick County, NC Register of Deeds page 3 of 3
Exhibit "A"
BEGINNING at an iron pipe in the east right-of-way line of Waterway Drive, this beginning
point being located the following courses and distances as measured from a point in the center
line of N. C. State Highway #904, where it would be intersected by the center line of County
Road #1159, thence from this point in the center line of State Road #904 South 62' 45' West
359.95 feet to a point, thence South 820 20' West 476.21 feet to a point, thence South 890 09'
West 295.48 feet to a point, thence South 89' 09' West 1343.77 feet to a point, thence South 001
59' East 2015.00 feet to an iron pipe, thence South 85' 56' East 625.29 feet to an iron pipe,
thence North 85' 23' East 572.58 feet to an iron pipe, thence North 04' 37' West 80 feet to the
point of BEGINNING; thence from this beginning point South 04' 37' East 80 feet to an iron
pipe; thence South 01 ° 43' West 149.63 feet to an iron pipe at the highwater mark of the
Intracoastal Waterway; thence South 72' 48' East 149.70 feet to an iron pipe; thence North 01 °
26' East 287.57 feet to an iron pipe in the run of Little Field Slough; thence South 85' 23' West
152.16 feet to the point of BEGINNING, and being all of Lot Number 38, as shown on that map
of an addition to Ocean Isle Estates as surveyed by Jan K. Dale on December 17, 1975, recorded
in Map Cabinet H, at Page 306, Brunswick County Registry.

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GOOK 357 ra 46i
This property is conveyed SUBJECT to the following
restrictional
1. Lots in this subdivision mat have 1250 feet bf floor
space exclusive of porches, steps, etc. except the inland
Waterway lots which shall have 1500 square feet.
2. The homes must proceed any other building on the lot
such as garages, etc, and only one dwelling per lot is.
permitted.
r
3. The outside of the houses must be completed within
six months from the starting date.
I
d. The outside of the house must have brick, block (if
painted or stuccoed), or exterior plywood. (Any other
material must meet the approval of the seller.)
S. Houses must be built 108 of the width from the property
line and as much as forty feet from the ffont of the lot
lines.
6. If the parties hereto, shall violate or attempt to
violate any of the covenants herein; it shall be lawful for
any person owning any real property situated in said develop-
ment to prosecute any proceeding at law or in equity against
the person violating any such covenant, and to prevent him
from so doing.
7. No horses, poultry, cattle or other animals, with the
exception of usual household pets, shall be maintained or t
kept upon any lot,
TO HAVE AND TO HOLD the above -described tract or parcel of
land, together with all privileges and appurtenances thereunto
i belonging unto the said party of the second part, his heirs and
assigns, to his only use and behoof forever, SUBJECT to the re-
atrictions hereinabove set out.
THE said parties of the first part covenant to and with the
said party of the second part, his heirs and assigns, that they
are seized of the premises in fee and have a right to convey the
same in fee simple] that the same is free and clear of all en-
cumbrances and that they do hereby warrant and will forever de-
fend the title to the same against the lawfulclaims of all persona
whomsoever,
IN WITNESS WHEREOF, the parties of the first part have here-
unto act their hands and seals. the day and year first above written.
—A- (SEAL)SEAL) .
y
SEAL)
.. ..7-N.-tIiTPYl-Ag+ (SEAL) �+@+.Q� �. ���nL.v (SEAL)
' II
' •. ....::i;-H°{I:.: ....::1:..1'::�'.Y:.fTstvPYXM1�6tff4R:r79iAYgiPdWYR'.w�tlCkut2: •.:: •ar:.n ••:. r.. -... ...... ..

t
C .orwr•
y Anoa 357 YME 462 \
I•
..''y STATE OF NORTH CAROLINA` '
COUNTY OF BRUNSWICK � '
I, P j',.._ r a Notary Public, do
hereby certify that H.V. THOMPSON and wife, MYRA THOMPSON and
PAUL D. DENNIS and wife, PRANCES D. DENNIS, did personally
appear before me'this day and acknowledged the due execution
of the foregoing Deed for the purposes therein set forth.
witness my hand and notarial seal, this the J day of
-Pe4~ry, 1976.
0'.
----NOTARY PUBLIC
commission expires:
Ow
',.�:S2AT8 OF NORTH CAROLINA
COUNTY OF • 5RUNSWMK
a Notary Public, do hereby
j
certify. that ODI WILLIAMSON and wife, VIRGINIA WILLIAMSON, did
personally appear before we this day and acknowledged the due
v.
•
execution of the foregoing Deed for the purposes therein set
3,
forth.
1
witness my hand and notarial meal, this the �L day�'�J `'`•
�N��°,a"P-'+'9'
_
NOTARY PUBLIC • f• = •
s'MY
commission expires\ -.,�wS�.•r•a♦�),.
,
r'7
EMU OF NORTH -CAROUNkBwIComf BETTY S. WILLIAMSON A ANNE R. RISSER,
The Foremrft CMifiate(s) of ! •
«-i
NOTARIES_ -PUBLIC
Ad
Wm) a,tTod to be co eI
•
dd, 26ch yq AUGUST �y7�� 11.81 odoeiA• y.
I
Anhm W. In, Re&Ur of Dade'
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QM •Y•R'! Tom.': •'�P'4.. . .. i.1:• ...
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Compliance Inspection Report
Permit: SW8070544 Effective:10/04/17
Project: Waterway Cove
Owner: Wcp II LLC
County: Brunswick
Region: Wilmington
Expiration: 07/03/21
Adress: 1611 Waterway Dr Sw
City/State/Zip: Ocean Isle Beach NC 28469
Contact Person: Chad Whitley Title: Manager Phone; 704-221-6059
Directions to Project:
From intersection of NC 179 and NC 904 travel west approx. 0.75 miles to intersection of Waterway Dr & NC179/904. The
project is located at SE comer of this intersection.
Type of Project: State Stormwater - HD - Infiltration
Draln Areas: 1 -(Intracoastal Waterway) (03-07-59) (SA;HQW)
2 - (Intracoastal Waterway) (03-07-59) (SA;HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 03/19/2021 Entry Time 12:20PM
Primary Inspector: Caroline Dalis
Secondary Inspector(s):
Kelly Johnson
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 01:20PM
Phone: [phone]
Inspection Type: Transfer Renewal
page 1

Permit: SW8070544 Owner - Project: Wcp II LLC
Inspection Date: 03/19/2021 Inspection Type Transfer Renewal Reason for Visit: Routine
File Review Yes No NA NE
Is the permit active? 0 ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ E ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ❑ 0 ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ E ❑ ❑
Comment: Certification is needed.
O&M needed from incoming party.
Deed restrictions are needed.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑ E
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑
Comment: Certification needed.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ 0 ❑ ❑
Are the inlets located per the approved plans? ❑ ❑ ❑
Are the outlet structures located per the approved plans? ❑ E ❑ ❑
Comment: The level SDreader and filter strip for Basin 2 is not fullv in place. The certification is needed to ved
that the system is otherwise built appropriately.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ 0 ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: See the inspection pictures and letter.
page 2

SOSID: 1115527
Date Filed: 2/10/2021 11:56:00 AM
Elaine F. Marshall
STATE OF NORTH CAROLINA North Carolina Secretary of State
DEPARTMENT OF THE SECRETARY OF ST C2021 028 01076
STATEMENT OF CHANGE OF REGISTERED
OFFICE ANDIOR REGISTERED AGENT
Pursuant to §55D-31 of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of
changing its registered office and/or registered agent in the State of North Carolina.
INFORMATION CURRENTLY ON FILE
The name of the.entity is: Waterway Cove Romeowners Association, Inc
The street address and county of the entity's registered office currently on file is:
1643 Waterway Cove DR SW, Box 160
Number and Street:
Ocean isle Beach
City:
State: NC Zip Code:
28469
County:
The mailing address if different from the street address ofthe registered office currently on file is:
Number and Street:
City: State: NC Zip Code:_
The name of the current registered agent is: Marvin Tharp
NEW INFORMATION
1. The street address and county of the new registered office of the entity is:
(complete this item only if the address of the registered office is being changed)
Number and Street: 1643 Waterway Cove DR SW, Box 160
Ocean Isle Beach 28469
City:
State: NC Zip Code:
2. The mailing address if different from the street address of the new registered office is:
(complete this item only if the address of the registered office is being changed)
Number and Street:
City:
State: NC Zip Code:
County:
County:
County:
Brunswick
Brunswick
3. The name of the new registered agent and the new agent's consent to appointment appears below:
(complete this item only if the name of the registered agent is being changed)
Karen S. Austin, HOA President ,� j
Type or Print Name of New Agent
* Signature &
4. The address of the entity's registered office and the address of the business office of its registered agent, as changed,
will be identical.
5. This statement will be effective upon filing, unless a date and/or time is specified:
This is the
4th day of January 120 21 Waterway Cove Homeowners Association, Inc
EntityjNam
Signature
Karen S. Austin, HOA President
Notes: Filing fee is $5.00. This document must be filed with the Secretary of State_ Type or Print Name and Title
* instead of signing here, the new registered agent may sign a separate written consent to the appointment, which must be attached to this statement.
BUSINESS REGISTRATION DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
Revised July 2017 Form BE-06

z2 LIMITED LIABILITY COMPANY ANNUAL REPORT
10/2017
NAME OF LIMITED LIABILITY COMPANY: WCP II, L.L.C,'
SECRETARY OF STATE ID NUMBER: 1462489 STATE OF FORMATION: NC
REPORT FOR THE CALENDAR YEAR: on,)�n
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: Whitlev. Chad S
2. SIGNATURE OF THE NEW REGISTERED AGENT:
E - Filed Annual Report
1462489
CA202009004527
3/30/2020 01:15
Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS
5415 Gilboa Rd 5415 Gilboa Rd
Marshville, NC 28103 Union County Marshville, NC 28103
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Ri iffaln t :raalr Invacfmanfe Inrr
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS 5. PRINCIPAL OFFICE MAILING ADDRESS
5415 Gilboa Road
Marshville, NC 28103
5415 Gilboa Road
Marshville, NC 28103
6. Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran -owned small business
❑ The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: bhadwiiek R. Whiney
TITLE: Manager
ADDRESS:
5415 Gilboa Road
NAME: NAME:
TITLE: TITLE:
ADDRESS:
ADDRESS:
Marshville, NC 28103
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
Chadwick R. Whitley, by CHAD R WHITLEY MANAGER 3/30/2020
SIGNATURE
Form must be signed by a Company Official listed under Section C of This form.
DATE
Chadwick R. Whitley, by CHAD R WHITLEY MANAGER Manager
Print or Type Name of Company Official Print or Type Title of Company Official
This Annual Report has been filed electronically.
MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525
■

Burd, Tina J
From: Chad Whitley <[e-mail]>
Sent: Wednesday, January 27, 2021 5:34 PM
To: [e-mail], Burd, Tina J; [e-mail]
Subject: fExternall Re: SW8 070544 - Waterway Cove
,CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to -
i'e;,art Silam.
Thank you! The HOA and myself have a good wor-king-olMionship. Please let me know what you need from
me. r,..-
r
Chad Whitley
Buffalo Creek Investments, Inc.
704-221-6059
From: [e-mail] <[e-mail]>P�
Sent: Wednesday, January 27, 20215:17:47 PM
To: Burd, Tina J <[e-mail]>; [e-mail] <[e-mail]>
Subject: Re: SW8 070544 - Waterway Cove
Thank you Tina.
Regards,
Mary Tharp
Mobile: [phone]
6510 Anchors Bend Drive
Ocean Isle Beach, NC 28469
From: Burd, Tina J
Sent: Wednesday, January 27, 2021 4:11 PM
To: [e-mail] ; [e-mail]
Subject: SW8 070544 - Waterway Cove
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Transfer Application and $505.00 fee for the subject project on January 20, 2020. The project
has been assigned to Kelly Johnson and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
910-796-7215
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.

Project Name:
Permit #:
Project County/Location:
Permit Expriation Date:
Transfer Application Completeness Review Checklist - Short Version
\jJATrzIZOA Y Cc, V E Date Delivered to WIRO: 1 2(P 20 z
S 40 0 705.1 4{ BIMS Received/Accepted Date: 1/ 2 e, ZZo
zq-00StziCic- � Q) (� BIMS Acknowledged Date':
Zo
Proposed Permittee Type & Documents Needed:
Property Owner(s) ®Purchaser Lessee
❑Viable? Viable? ❑Viable?
'Deed Purchase Agmt El Lease
MNot Subdivided: Deed
®Subdivision: Common Area Deed
Current Permittee Signed Application? l9 N
If not Dissolved/No Longer Owns Y / N
Property/ Not Living
Proposed Permittee Signed Application? / Y y N
Paperwork
Application
Fee:
10$505 (within 6mo) Check#(s): (xj�Z 4• '�( (,a `J
Deed Restrictions. if subdivided:
®PE Certification
Project Narrative
Easements, Recorded (2017 Rules)
1--1O&M on File (unless new one from HOA)
®Electronic Copies
NOTES:
'Enter BIMS Acknowledged Date on this Sheet
EMAILED ENGINEER DATE:
If w/in 6 mo, stop - needs renewal UNLESS only
new permittee is submitting
DHOA ®Developer
Viable? Viable?
❑Election Minutes
1:150% Sold List (only if HOA doesn't sign)
❑Common Area Deed in HOA's Name
Deed Restrictions Recorded
F1PE Certification
MBUA/Lot Summary
r-1O&M (if HOA Signed Application)
REVIEWER NAME:
G:WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_2020 0131
-T;�\-s �tafYQ7
.a
ri -)>a
a� >qELA) f`�--,-/,�1►1--c c

RA MOUN �E
A T
E N G 1 N 6 E R 1 N G, 1 N C.
1 2 2 CINEMA DRIVE
W I L M I N G T O N, N C 2 8 4 0 3
9 1 0- 7 9 1- 6 7 0 7 (0) 9 1 0- 7 9 1- 6 7 6 0 ( F)
L E T T E R O F T R A N S M I T T A T.
JAN 2 6 2021 Ca !
r
To:
NCDENR-Stormwater
Date
1/25/21
127 Cardinal Drive Extension
Wilmington, NC 28405
Re:
Waterway Cove
SW8 070544 Transfer and Pond
Certification
Ann.
Project No.
I 12293-PE
e are sendin ❑ Originals
he following items: ❑ Correspondence
® Prints ❑ Shop Drawings ® Calculations
® Plans ❑ Specifications ® Other as listed below
Quantity
Date
Dwg. No.
Descnption
2
Original and Copy of Transfer Permit
1
Articles of Incorporation (Waterway Cove HOA)
1
Bylaws of Waterway Cove HOA
1
Restrictive Covenants
1
CD of submittal
1
$505 check to NCDEQ (Check 1003264645)
Issue Status: ® For Approval ❑ As Requested ❑ Construction ❑ Bid
❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks
[Action Taken: ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend & Resubmit
❑ Rejected - See Remarks ❑ Approved as Submitted ❑ Other
emarks:
Tim Clinkscales, PE, PLS

NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT TRANSFER APPLICATION FORM
Pursuant to 15A NCAC 02H.10+45 and other applicable statues as reference.within
Only complete applications packages will be accepted and reviewed. This form and the required items (with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at httn&ft nc.00v/oontad1reaional-offices.
After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the
current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit
conditions, the permit shall not be transferred until.
1. the current permittee resolves all non-compliance issues identified in the inspection report;
2. the current permittee negotiates a resolution with the proposed permittee (in uvriting and signed by both
entities. The negotiated resolution must identify the necessary actions, the responsible party(lbs), and the
timelines to correct the deficiencies. The site must either be found in complience or a copy of the
negotiated resolution must be submitted prior to the transfer of the permit); or
3. in the case where a transfer falls under G. S. 143-214 50) (see also SL 2011-256), the proposed
permittee resolves all non-compliance issues upon acquiring the permit.
Signature requirements for the named signing official (for current and proposed permittee) must meet the following.
• Corporation - a principal executive officer of at least the level of vice-president,
Limited Uability Company (LLC) - the designated manager, (Documentation from the NC Secretary of
State or other official documentation must be provided that states the titles and positions held by the
person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for
the LLC)
• Municipality - a ranking official or duly authorized employee,
• Partnership orilmded partnership -the general partner,
• Sole proprietor;
• The signature of the consultant or other agent shall be accepted on this permit transfer application only if
accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as
applicable.
A. GENERAL INFORMATiON
1. State Stormwater Permit Number. SW8 070544
2. Project name: Waterway Cove
Is this an updated project name from the current permit? ❑ Yes ® No -
3. Reason for the permit transfer request:
Transfer from the develonerldeclarent to the HOA
Stormwater Permit Transfer Application Form Page 1 of 7
April 27.2018

B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below)
® 1. Both the current and proposed permittees
❑ 2. Only the current permittee of a condominium or planned community (skip Part F & G).
In accordance with I;. S. 143-214. 7(c2) (see also SL 201 f -256), this type of transfer is allowed only
when all of the following items can be truthfully checked: -
❑ Any common areas related to the operation and maintenance of the stormwater management
system have been conveyed to the unit owners' association or owners' association in
accordance with the declaration;
❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than
a declarant (provide documentation per submittal requirements below);
❑ The stormwater management system is in compliance with the stormwater permit.
NOTE: If subdivision was built prior to 1999, the Declarants Attorney can make a determination that
the elements of the Planned Community Act (see §47F) have been met by the Declarant for the
subdivision. If the Declarant chooses to use this type of transfer, the determination must be in
writing, signed by the attorney, and submitted to DEMLR with this form.
❑ 3. Only the proposed permittee (skip Part D below).
In accordance with G. S. 143-214. 7(ob) (see also SL 2013-121), this type of transfer is allowed only
when all of the following items can be truthfully checked:
❑ a. The proposed permittee is either (select one of the following):
❑ The successor -owner who holds title to the property on which the permitted activity is
occurring or will occur;
❑ The successor -owner who is the sole claimant of the right to engage in the permitted
activity.
❑ b. The current permittee is (select at least one of the following, but all that apply):
❑ A natural person who is deceased.
❑ A partnership, Limited Liability Corporation, corporation, or any other business
association that has been dissolved
[] A person who has been lawfully and finally divested of title to the property on which the
permitted activity is occurring or will occur.
❑ A person who has sold the property on which the permitted activity is occurring or will
occur.
❑ Other (please explain):
❑ c. The proposed permittee agrees to the following requirements (all must be selected):
❑ There will be no substantial change in the permitted activity.
❑ The permit holder shall comply with all terms and conditions of the permit until such
time as the permit is transferred.
❑ The successor -owner shall comply with all terms and conditions of the permit once the
permit has been transferred.
Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018

C. SUBM17TAL REQUIREMENTS
Please mark "Y" to confirm the items are included with this form. Please mark ")r Y previously provided. if not
applicable or not available, please mark NIA.:
Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143 2,j5,3eel.
Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the
required items.
N/A 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of
State demonstrating that the proposed permittee is a legal and viable entity able to conduct
business in North Carolina.
NIA 4. if Part B, Items 1 or 3 of this form is selected, the signed and notarized
applicable O&M agreement(s) from the proposed permittee, as required by the permit.
NOTE. The stormwoter system is operated and maintained by the HOA. There are no O&M
agreements or Inspection and Maintenance Agreements (as described in section A-7 of the Stormwater
Design Manual) in place for the stonmwater system.
X 5. Legal documentation that the property has transferred to the proposed permittee (such as a
recorded deed for the property, uncompleted development and/or common areas) or legal
documentation demonstrating that the proposed permittee is the sole claimant of the right to
engage in the permitted activity.
Y 6. If required by the permit and if the project has been built, a signed, sealed and dated certification
document from a licensed professional stating that the stormwater management system has been
inspected and that it has been built and maintained in accordance with the approved plans.
Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit If the project has
been built, documentation that the maximum allowed per lot built -upon area or the maximum
allowed total built -upon area has not been exceeded. if the project has not been built, the new
owner shall provide a signed agreement to submit final recorded deed restrictions and protective
covenants.
N/A 8. If tran§ferring under G. 3. ,t 2�g 4.7f0) (i.e., Part B, Item 2 of this form is selected),
documentation verifying that 50% or more of the lots have been conveyed to individuals (not
builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address,
owner's name, conveyance date and deed book and page number are acceptable.
N/A 9. If transferring under G. S. 143-214. 7fo5) 0 e., Part B, item 3 of this form is selected), provide legal
documentation supporting the dissolution of the corporation or documentation supporting the
current permittee was lawfully and finally divested of title of the property.
N/A 10. A copy of the lease agreement if the proposed permittee is the lessee.
N/A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
N/A 12. A copy of the development agreement if the proposed permittee is the developer.
Stormwater Permit Transfer Application Form Page 3 of 7 April 27.2018

D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email.
1. Current Permit Holder's Company Name/Organization: WCP II
2. Signing Official's Name: Chad Whitley
3_ Signing Official's Title: President
4. Mailing Address: 5415 Gilboa Road
City: Marshville State: NC ZIP: 28 3
5. Street Address: same as above
City: State: Z[P
fi. Phone: ZO4
J 221-6059 Email; W itieynvestmentiia�gmail.com
I, Chad Whitley , the current permittee, am submitting this application for a
transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified
on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project
and/or the stormwater system associated with this permit I have provided a copy of the following documents to
the proposed permittee named in this application form: (select al/ that apply)
® the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats;
® the approved plans and/or approved as -built plans;
❑ the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee (where required);
® a copy of the most recent inspection report;
I further attest that this application and request for a permit transfer is accurate and complete to the best of my
knowledge. I attest that I have provided all of the required items per the law to transfer this permit I understand
that if all required parts of this request are not completed or if all required supporting information and attachments
listed above are not included, this request package will be returned as incomplete I assign all rights and
obligations as permittee to the proposed permittee named below. I understand that this request to transfer the
permit may not be approve" the DEMLR unless and until the facility is in compliance with the permit.
Signature:
County of
that I
this the �i da ,
execution of the forgoing instrument. Witness my hand and official sea[,
(N'otary Seal)
f —4 1 Jr
Notary Signature:
01.1A OA-
My commission expires _,,S.,!, .�
Date:
1
r
a Notary Public for the State of
do hereby certify
personally appeared before me
20,CQ_L_, and acknowledge the due
OFFICIAL SEAL
Aft- JULIE WKYTSELL
NOTARY PUBLIC
BRUNSWICK COUNW, NC
My Condssion Expires3LS
Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018

E. PROPOSED PERMITTEE INFORMATION
1. The proposed permlttee Is the:
❑ Property owner (Also complete Part F.)
® Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association
(UOA) (Also complete Part F.)
❑ Lessee - Attach a copy of the lease agreement Both the lessee and the property owner will appear on
the permit as co-permittees. if the lease is terminated, responsibility for the permit reverts to the property
owner. (Also complete Parts F & G.)
❑ Purchaser - Attach a copy of the pending sales agreement. The permit will require submission of a copy
of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the
permit reverts to the property owner: (Also complete Parts F & G.)
❑ Developer - Attach a copy of the development agreement Both the developer and the property owner
will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for
the permit reverts to the property owner. (Also complete Parts F & G.)
2. Proposed permittee name (check one of the following and provide the name):
❑ Corporation, LLC, Partnership, Municipality name:
® HOA / POA / UOA name: Waterway Cove Homeowners Association. Inc.
❑ Sole Proprietor
3. Proposed
' jro�p�pAose1- dN permittee contact Information:
PhWW be -T *I
a. Signing Official's Name: Marvin O. Tharp
b. Signing Official's Title: Interim Board of Directors President
c. Mailing Address: 1643 Waterway Cove Drive, Box 160
City: Ocean Isle Beach State: NC ZIP: 2 469
d. Street Address: same as above
City: State: ZIP
e. Phone: (9A 244-4418 Email: maryt9bbeilsouth.net
4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide:
Please be sure to provides ;*grail.
a. Management Company or Business name: not applicable to this stormwater hermit
b. Contact Name: Title:
c. Mailing Address:
d. City: S#a#e: ZIP:
e. Phone: (r_j Email:
Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018

F. PROPOSED PERNIITTEE CERTIFICATION
I, Marvin Tharp for Waterway Cove HOA, Inc. , hereby notify the DEMLR that I have acquired through sale,
lease, development agreement; or other legal transfer, the project/property covered by the stormwater
management permit and/or the responsibility for constructing and/or operating and maintaining the permitted
stormwater management system. I acknowledge and attest that I have received a copy of: (select all that apply):
® the most recent permit;
❑ the designer's certification for each SCM;
® any recorded deed restrictions, covenants, common areas, drainage easements or plats;
® the approved plans and/or approved as -built plans;
❑ the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee (where required); f
® a copy of the most recent inspection report;
❑ Check here if the proposed pennittee agrees to be the entity responsible for addressing any compliance
issues outlined in the Compliance Inspection Report. if checked, the proposed permittee must provide a
written document statement with a `plan of action and schedule' addressed to this office stating that they will
brings the project into compliance upon receipt of the transferred permit This written 'plan of action and
schedule"must be received by the Division before the Division will transfer the permit.
I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will
comply with the terms and conditions of the permit. I will construct the projects built -upon area as shown on the
approved plans; and I will {construct}, operate and maintain the approved stormwater management system
pursuant to the requirements listed in the permit and in the operation and maintenance agreement.
Signature: Date: o 7
I, , a Notary Public for the State of ,
County of Ir u L —,do hereby certify that lU. A VI OS t a.0
personally appeared Wore me this the day of '*-Ma iry . 2Q Zu , and
acknowledge the due execution of the forgoing instrument. Witness my hand and official seal,
9Notary Signature GRETA STOUT GORE
/
My commission expires �{I ';�i1 j-_'S Notary Public
Brunswick County, NC
Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018

G. PROPERTY OWNER INFORMATION AND CERTIFICATION
Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to
the property owner if the purchase agreement, development agreement or lease expires or is tenninafed.
Company Name/Organization:
Signing Official's Printed Name:
Signing Official's Title:
Mailing Address:
City: State: ZIP:
Phone.
1, , hereby certify that I currently own the property identified in
this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the
property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase
agreement, development agreement or the lease agreement, which names the party responsible for the
construction and/or operation and maintenance of the stormwater system, has been provided with the permit
transfer request.
I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements
and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer
Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree
by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR
Stormwater permit if the property purchase, lease or developer agreement(contract is cancelled or defaults. I
understand that any individual or entity found to be in noncompliance with the provisions of the stormwater
management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute
(NCGS) 143, Article 21.
Signature of the property owner
my hand and official seal,
(Notary Seal)
Notary Signature
My commission expires
Date:
a Notary Public for the State of
County of , do hereby certify that
,_ personally appeared before me this the day of
2C , and acknowledge the due execution of the forgoing instrument. Witness
Stormwater Permit Transfer Application Form Page 7 of 7 April 27.2018

WATERWAY COVE HOMEOWNERS
ASSOCIATION
ARCHITECTURAL AND LANDSCAPE
REVIEW GUIDELINES AND STANDARDS
Updated on April 1Z 2020
■ 4W
s

a
A
Table of Contents
C4 :gents
1 INTRODUCTION.....................................................................................................................................
5
1.1 PURPOSE.......................................................................................................................................5
1.2 SCOPE............................................................................................................................................6
1.3 AUTHORITY...................................................................................................................................
6
1.4 RESPONSIBILITIES..........................................................................................................................6
1.4.1 Owners
6
1.4.2 Architectural Review Committee and Landscape Committee
6
1.4.3 Board of Directors
7
2 ARCHITECTURAL& LANDSCAPE CHANGE REQUESTS ................................................. ......................8
2.1 Submitting an Application.............................................................................................................8
2.2 Application Review........................................................................................................................9
2.3 Review Criteria............................................................................................................................10
2.3.1 Validity of Concept
10
2.3.2 Landscape and Environment
10
2.3.3 Protection of Neighborhood Interest
10
2.3.4 Design Compatibility
11
2.3.5 Government Regulation Compliance
12
2.4 Appealing a Disapproved Plan....................................................................................................12
2.5 Adoption of Common Areas or Donation of Plant material to Common Areas .........................12
3 ARCHITECTURAL AND LANDSCAPE REVIEW GUIDELINES...................................................................12
3.1 Subdividing Lots..........................................................................................................................13
3.2 Residential Use of Lots................................................................................................................13
3.3 Nuisances....................................................................................................................................13
3.4 Additions.....................................................................................................................................13
3.5 Animals and Pets.........................................................................................................................14
3.6 Animal Pens and Shelters............................................................................................................14
3.7 Antennas and Satellite Dishes.....................................................................................................14
3.8 Clotheslines.................................................................................................................................14
3.9 Color Changes.............................................................................................................................15
3.10 Decks...........................................................................................................................................15
Architectural and Landscape Review Guidelines and Standards — April 12, 2020

31 .' .. 1.
3.10.1 Materials
15
3.10.2 Height
15
3.10.3 Location
15
3.11
Deck and Porch Enclosures.........................................................................................................16
3.12
Fences and Privacy Panels..........................................................................................................
3.6
3.13
Firearms and Fireworks...............................................................................................................3.7
3.14
Vegetable Gardens......................................................................................................................17
3.15
Generators..................................................................................................................................17
3.16
Grading, Elevation and Drainage................................................................................................17
3.17
Handicap Access..........................................................................................................................18
3.18
Hedges and Screen Plantings......................................................................................................IS
3.19
Impervious Surface Limit............................................................................................................18
3.20
Landscaping.................................................................................................................................18
3.21
Lawn and Yard Maintence..........................................................................................................19
1 11)
Lighting........................................................................................................................................19
3.23
Maintenance and Repairs...........................................................................................................19
3.24
Patios and Outdoor Fireplaces....................................................................................................19
3.25
Play Equipment...........................................................................................................................20
3.26
Security Cameras and Videos......................................................................................................20
3.27
Shutters.......................................................................................................................................20
3.28
Signs............................................................................................................................................
20
3.29
Solar Collectors...........................................................................................................................21
3.30
Storage Buildings and Other Free-standing Structures..............................................................21
3.31
Swimming Pools..........................................................................................................................21
3.32
Trash and Trash Receptacles.......................................................................................................21
3.33
Tree and Large Shrub Removal and Maintenance......................................................................21
3.34
Vehicle Parking............................................................................................................................22
3.35
Vehicle Maintenance..................................................................................................................22
3.36
Yard Decorations.........................................................................................................................22
4 ARCHITECTURE AND LANDSCAPE GUIDELINES AND USE STANDARDS ENFORCEMENT ....................23
4.1
Homeowner Report of Suspected Vioiations..............................................................................23
4.2
Property Management Company Report of Suspected Violations.............................................23
Architectural and Landscape Review Guidelines and Standards —April 12, 2020

41
4.3 Enforcement...............................................................................................................................23
4.3.1
Friendly Reminder
23
4.3.2
Official Notification
24
4.3.3
Homeowner Hearing
24
4.3.4
Final Actions
24
5 AMENDING ARCHITECTURE AND LANDSCAPE REVIEW GUIDELINES AND STANDARDS
...................25
Architectural and Landscape Review Guidelines and Standards — April 12, 2020

5 1 P ;
1 INTRODUCTION
The initial version of the Architecture Review Guidelines and Use Standards (the Guidelines) was ratified
and approved by the Waterway Cove Board of Directors on November 20, 2019. This update to the
Guidelines is issued on January 24, 2020. This update includes a change in the document title, minor
edits, the inclusion of Landscape Committee review guidelines, and adoption of the Priestly
Management Company "Request for Architecture and Landscaping Approval' form for change approval
requests.
1.1 PURPOSE
The Waterway Cove community is governed by several legal documents and is managed by a
Homeowners association. These documents include:
• The Articles of Incorporation;
• Bylaws; and
• The Declaration of Covenants, Conditions, and Restrictions.
These and other key documents can be found on the Waterway Cove Homeowners Association
(WCHOA) section of the Priestly Management Company (the Management Company) website
https://Pmc.cincwebaxis.com/777/documents/ . Pictures of the login and welcome pages of the
website are shown in the Appendix.
The Articles of Incorporation of the WCHOA state that the purpose of the Association is to:
• Provide for the management, maintenance, preservation, administration and operation of the
planned community;
• Promote the health, safety, and welfare of the Owners; and
• Engage in any and all lawful activities incidental to the foregoing purposes.
The Articles of Incorporation establishes a Board of Directors (the Board or BoD) to manage the affairs of
the Association. The Board is authorized to establish officers and committees to assist with fulfilling the
purposes of the HOA. The activities of the Board, officers, and committees are governed by the Bylaws
and the Declaration of Covenants, Conditions, and Restriction (the Covenants).
The Covenants exist to maintain the beautiful, coastal -cottage, park -like theme of Waterway Cove and
thereby preserve, protect, and maintain the overall value of our community and each Owner's
investment in it. The Covenants call for the creation of an Architectural Review Committee (ARC) and
the publication of Architectural Review Guidelines as one of the governing documents of the HOA.
Architectural and Landscape Review Guidelines and Standards —April 12, 2020

61 Page
1.2 SCOPE
The following "Architecture and Landscape Review Guidelines and Standards" (the Guidelines) help
define and clarify the requirements for exterior architecture and landscape changes and use of the
properties within the Waterway Cove community. These Guidelines serve to augment the Covenants
and to assist Homeowners in complying with the Covenants.
The management of common areas, parking, and infrastructure within the community are outside the
scope of this document and the ARC.
1.3 AUTHORITY
The Covenants provide the legal basis and foundation for this document. Article IV of the Covenants
defines the composition, scope, and authority of the ARC.
1.4 RESPONSIBILITIES
As explained in the following sections, all of the Homeowners in Waterway Cove have a role to play in
attaining the goals set forth in the Covenants and this document.
1.4.1 Owners
Each Homeowner is responsible for adherence to the Covenants, the "Architecture and Landscape
Review Guidelines and Standards," and to related decisions made by the Board of Directors. Owners
should also encourage other Owners to abide by the Covenants and the Guidelines. If necessary,
Owners can report unresolved incidents of non-compliance with the Covenants and Guidelines or
violations of Guidelines to the HOA using the process described in Section 4.1 of this document. Owners
must complete and submit an "Architectural and Landscape Change Request" to the property
management company in accordance with the process described in Section 2 of this document. No
changes to owner property may be made until the Request for Architectural and Landscape Approval
has been approved.
1.4.2 Architectural Review Committee and Landscape Committee
The Architectural Review Committee (ARC) and Landscape Committee (LC) are appointed by the Board
of Directors to administer the Architecture and Landscape Review Guidelines and Standards.
The ARC is composed of three (3) to five (5) members, but always an odd number of members. The ARC
consists of at least one Board member. The term of ARC membership is indefinite, except for the Board
member who is subject to re -appointment. At its discretion, the Board of Directors may dismiss any ARC
member.
The ARC's and LC's objective is to preserve a community that is aesthetically pleasing and functionally
convenient by maintaining a harmonious relationship among structures, landscaping, topography, and
the overall coastal -cottage design theme of the community. Most importantly, the ARC and LC decisions
will strive to maintain, protect, and enhance the value of all of the homes and lots within Waterway
Cove.
Architectural and Landscape Review Guidelines and Standards —April 12, 2020

7)
The ARC is responsible for the following:
o Formulate, publish, and maintain the Architectural and Landscape Review Guidelines and
Standards;
• Administer and enforce the Guidelines for existing homes and work with Homeowners to
correct violations.
• Review, approve, or reject new construction and changes to existing homes and lots ensuring
that new construction conforms to the Guidelines and is consistent with the craftsman -inspired
architectural style;
• Review all submitted Request for Architectural and Landscape Change Approval applications for
conformance with the WCHOA Covenants and the Architecture and Landscape Review
Guidelines and Standards and assist owners with questions regarding the application process;
• Record their decision within forty-five (45) calendar days of the committee's receipt of a
completed application; and
• Inspect the completed projects for conformance to the approved plan.
The Landscape Committee is composed of at least six (6) to eleven (11) members. An odd number of
members is preferred. Members serve three (3) years. The primary function of the Waterway Cove
Landscape Committee is to preserve, promote, and enhance the aesthetic appeal of the grounds and
landscaping that comprise the Common Areas owned and maintained by the Homeowners Association
in accordance with the Declaration of Covenants, Conditions, and Restrictions for Waterway Cove.
The Landscape Committee is responsible for the following:
• Plan and direct the landscape design of the community;
• Manage the common area landscaping and facilitate the HOA's landscape contract;
• Manage the community irrigation system and oversee irrigation system maintenance
contractors;
• Maintain the community ponds and fountains;
• Review, approve, or reject landscape changes to existing lots and ensuring that new home
landscaping conforms to the Guidelines, and are consistent with the community landscape
design;
• Manage maintenance of the ponds and fountains;
• Work with homeowners with design issues and the selection of plant material;
• Formulate and maintain the landscape portions of the Guidelines; and
• Administer the Guidelines for existing homes and to work with Homeowners to correct
violations.
1.4.3 Board of Directors
The Board of Directors is responsible for:
• Appointing members of the ARC and LC;
• Hearing any appeals of ARC and LC decisions and actions;
Architectural and Landscape Review Guidelines and Standards —April 12, 2020

8(Pc,ge
• Making decisions about violations, penalties, and any pursuit of legal remedies concerning
Architecture and Use Standards;
• Approval of the Architectural and Landscape Review Guidelines and Standards; and
• Providing final interpretation of the Covenants and the Architecture and Use Standards.
2 ARCHITECTURAL & LANDSCAPE CHANGE REQUESTS
2.1 Submitting an Application
Homeowners must submit a "Request for Architectural & Landscape Approval' (Request) application for
each proposed project that is subject to Architectural and Landscape Review Guidelines and Standards.
Changes requiring approval are described in the Architectural and Landscape Standards section of this
document. Required applications must be made and approved prior to the start of work on the project.
An application is not required for maintenance projects; for example, repainting a home with the
current color, or roof and exterior repairs and maintenance.
There are two forms and methods for submitting a Request:
• There is a PDF version of the Request form that can be downloaded, completed by hand, and
mailed to the Property Management company. Homeowners should inform a member of the
ARC or LC if they decide to submit a paper version of the form. Homeowners should check with
the Management Company to make certain that the Request has been properly received
Company.
• There is an online form on the Property Management website that can be completed and
submitted electronically to the Management Company.
Homeowners are encouraged to use the online process available on the Management Company website
for submitting a Request. A member of the ARC or LC will be happy to assist those Homeowners who do
not have access to the website. Images of the Management Company web pages and instructions for
accessing the forms can be found in Appendix B.
Owners must complete the Request according to the instructions provided in the process
documentation. The application must include all pertinent details concerning the proposed change.
Following are guidelines for the submission:
• All requests must be submitted at least 45 days before the start of work. Work cannot begin
until an approval in writing has been received.
• All exterior modifications such as fences and expansions must include a plat (i.e., a map, survey)
of the entire lot and the entire project.
• A sketch or plan and all specifications must be submitted with the application.
• All exceptions or variances to the Guidelines must be approved by the ARC, LC, or BoD before
the Request is submitted.
Architectural and Landscape Review Guidelines and Standards — April 12, 2020

9 1 P a re
• Exterior modifications will be inspected when complete, and non -compliant projects must be
brought into compliance with the approved application as soon as possible or a project
extension may be requested.
• Changes may be subject to Brunswick County and Town of Ocean Isle Beach rules and
requirements. Homeowners are encouraged to review such rules and requirements as well as
the applicable Covenants before submitting an application.
• Any cost incurred by the WCHOA during the review process is the Owner's responsibility.
• An approved Request for Architectural and Landscape Approval applications will remain active
for six (6) months from the date of approval. New home ARC approvals will remain active for
one year from the date of the issuance of the building permit. Expired Requests must be
resubmitted before the start of any work.
The review period does not start until the completed application and attachments are received and
accepted as being complete by the ARC or LC. The application will be considered on its own individual
merit using the criteria outlined in the "Review Criteria" section of this document. The ARC or LC will
review the application and respond to the applicant in writing within forty-five (45) calendar days.
Applications submitted without supporting documentation will automatically be denied.
Exterior modifications made to property without gaining approval, or changes made in violation of the
Guidelines, are subject to the violation enforcement process discussed in Section 4, Architectural Review
Guidelines and Use Standards Enforcement.
2.2 Application Review
Each Request fur Architectural and Landscape Approval application will be reviewed by the ARC or LC
within forty-five (45) calendar days of submission. The committees may need to visit the site and talk
with the applicant and neighbors. When the application has been fully considered, the ARC or LC will
approve, conditionally approve, or disapprove the application. The vote necessary for a decision will be
a simple majority of the total number of people currently serving on the respective committee.
Conditional approval means that work may proceed provided that the conditions stipulated by the ARC
or LC on the application are met, either before or during the work as may be appropriate.
The applicant will be notified of the decision by the Management Company. In cases of conditional
approval or disapproval, the applicant will be provided with additional detail about why the application
was not approved as submitted. The decision may be appealed under the procedures described in the
section titled "Appealing a Disapproved Plan" in this document.
The ARC or LC shall have the right to review or inspect the project to ensure conformance with the
approved plan and specifications. The ARC or LC will log all activity associated with the application
review process and maintain all supporting documentation.
Architectural and Landscape Review Guidelines and Standards —April 12, 2020

101 Page
2.3 Review Criteria
The ARC and LC evaluate each application on its own individual merits. The ARC and LC decisions will be
based on the following review criteria:
2.3.1 Validity of Concept
The basic idea of the exterior change should be sound and appropriate to its surroundings. The goal is
to preserve or maintain a unified and complementary total community. It is expected that all design
elements, both site and building, will complement the project. Building design points such as shape,
height, width, color, and texture should be in accord with the image of the entire development.
2.3.2 Landscape and Environment
A Request for Architecture and Landscape Approval involving landscaping or irrigation system requires
Landscape Committee approval. This may include the following items:
• Groundcover/Mulch
o The WCHOA approved mulch effective 2020 is pine straw. Adding pine straw mulch does
not require LC.
o Bark mulch may be used around plant material then covered with pine straw.
o Other types of mulch/ground cover including white rock or shells are not permitted.
• Landscape Edging of Plant Beds requires LC approval
o Materials shall be concrete, natural stone, aluminum or steal edging.
o Edging layout shall be uniform appearance and installed in a pleasing form.
o Plastic edging is not allowed.
o Homeowners are responsible for the repair of irrigation and drip lines that are damaged
during the installation of edging.
• Plant and Irrigation Layout
o It is recommended that homeowners contact the Utilities Location Services at 800-623-
4949 to locate public utilities in their yard before digging.
o Homeowners are responsible for repair and replacement of any damaged existing
irrigation and drip lines when making changes to their lots. They are also responsible for
any damages caused by their vendor.
• Plant materials to be used in the landscape change
• Trees and shrubs to be removed in the landscape change
2.3.3 Protection of Neighborhood Interest
The interest of all neighbors must be protected by making provisions for such matters as: surface water
drainage; sound and sight buffers; preservation of views; availability of light, air quality, and movement;
and other aspects of design which may have a substantial effect on the neighboring property. For
example, fences may obstruct views, breezes, or access to neighboring property may cause undesirable
noises or drastically infringe upon views of neighboring property. The ARC and LC will exercise objective
and reasonable discretion in determining which of these criteria will govern in each specific application.
Architectural and Landscape Review Guidelines and Standards — April 12, 2020

11l
2.3.4 Design Compatibility
The proposed new home construction or changes should be compatible with the design characteristics
of the existing home and the general community. Compatibility will be determined according to:
harmony in style, scale, materials, color, and construction details, along with workmanship and timing.
• Style. Consistent with the existing structure(s) and the coastal, craftsman -style homes in the
community.
• Scale. The three dimensional size of the proposed change must relate well to neighboring
homes and structures.
• Materials. Changes and additions to new homes must use the same materials as are used in
the existing homes in the community. Building materials will be considered for acceptability by
type, color, texture, and durability. New home construction should use materials similar to
those used within the community. Materials not permitted for sidings are:
• Concrete block
• Metal
• Plywood
• Plastic or vinyl
• Color. Color may be used to soften or intensify visual impact. For example, a shower surround
should be painted the same color as the existing home or garage that it is attached to. A storm
door should be painted to match the entrance door or other house trim color. Structures and
decorations should be painted to match or augment the existing home. A change in the color of
existing doors and structures must be approved by the ARC. The ARC, or a representative of the
ARC, will work with Homeowners to find the appropriate intensity and shade of the color.
• Workmanship. Workmanship should be equal to or better than that of the existing
structure(s) on the property.
• Timing. Projects that remain uncompleted for long periods of time, for example one to four
months, are visually objectionable and can be a nuisance and safety hazard for neighbors and
the community as a whole. All applications must contain a proposed maximum time period
from start to final completion of the construction and there should be continual progress during
that time period. If the proposed time period is considered unreasonable, the Committee may
disapprove the application on that basis. This applies equally to modifications of existing
structures, landscaping and decorations. The schedule for landscape projects that have a long
lead time to completion must be approved by the Landscape Committee. Furthermore, the
appearance of property under construction, as viewed from neighboring lots and streets, must
remain reasonably clean and free of building materials and equipment while construction is in
progress.
Proposed landscape changes shall be in esthetic keeping of the established WCHOA community plant
material and mulch. The Landscape Committee shall base their review on plant variety, scale or size of
mature plant, sun exposure or shade, color and installation time of year.
Architectural and Landscape Review Guidelines and Standards —April 12, 2020

121Page
Suggested recommendations include:
o A balance of evergreen and deciduous plants for year-round interest;
The Installation and removal of plant material are compatible with neighbors;
Trees located along a street shall be consistent with established planting patterns and varieties;
and
• Plant selection should consider "the right plant in the right place" concept.
The Landscape Committee's goal is to assist homeowners with their proposed changes by lending their
experience, local plant knowledge and minor design advice.
2.3.5 Government Regulation Compliance
All architectural and landscape changes must comply with Town of Ocean Isle Beach, Brunswick County,
and North Carolina Department of Environmental and Natural Resources requirements and regulations.
The requester is responsible for ensuring compliance of the proposed project before submitting the
Request for Architectural & Landscape Approval.
2.4 Appealing a Disapproved Plan
An applicant may appeal any decision of the ARC or LC by submitting a written appeal with the Board of
Directors within thirty (30) calendar days after receipt of a decision. The BoD will notify the appealing
party in writing of the date and time that they may present their case to the BoD, which shall normally
be at the next regularly scheduled monthly Board meeting. A two-thirds (2/3) majority vote of the
Board of Directors is required to reverse a decision. The applicant will be provided a written response
from the Board of Directors concerning the appeal within forty-five (45) calendar days.
2.5 Adoption of Common Areas or Donation of Plant material to Common Areas
Homeowners may adopt or donate plant materials to common areas based on the Landscape Design
Guidelines for Common Areas. An Application form for Common Areas Use must be submitted and
approved by the Landscape Committee. Forms and Guidelines can be found on the WCHOA
Management Website.
3 ARCHITECTURAL AND LANDSCAPE REVIEW GUIDELINES
Article IV (Architectural Standards and Control) of the Covenants establishes the authority and scope of
control of the ARC. Section 2 of the Covenants states "the ARC shall have exclusive jurisdiction over all
construction on or alteration of the lots". Section 2 further states that the ARC shall publish
Architectural Review Guidelines covering a broad set of topics. This section of the "Architectural
Review Guidelines and Standards" provides specific guides, standards, and use restrictions to
supplement those contained in Article II of the Covenants.
Homeowners are reminded that they are responsible for securing all required Ocean Isle Beach, County
and State permits prior to the start of a project. Homeowners must also comply with all Federal, State,
and Brunswick County building codes and regulations. Homeowners are expected to comply with the
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requirements of this document and any approval received from the ARC. Failure to do so may result in
statutory fines or liens as well as modification expenses.
To avoid confusion or problems, all Homeowners or builders should submit an application even if they
are unsure as to whether a change requires ARC or LC approval.
3.1 Subdividine Lots
Lots may not be subdivided or boundary lines changed after the Declarant (the community developer)
has recorded the lot with the Brunswick County Registry. Article II, Section 2 of the Covenants provides
an extensive set of conditions for any lot reconfiguration
3.2 Residential Use of Lots
Lots are to be used exclusively for single family, detached, residential homes. Limited home office use is
permitted as long as:
Clients or the public do not routinely come to any lot;
No significant business traffic is generated; for example, extensive or consistent shipping and
delivery services;
• The home business use complies with local zoning ordinances.
Homes may not be used as "boarding homes," single or multiple room rentals, shops, trades, or
professional business services.
Ownership of a lot or home through time-sharing or interval ownership is prohibited. However, an
entire home may be rented or leased for a term of more than 30 days. Copies of any such leases must
be filed with the HOA. Lot and homeownership by joint tenants or tenancy in common is permitted.
3.3 Nuisances
Activities that are noxious, unlawful, or offensive are not permitted. Homeowners cannot keep plants,
animals, junk, junk automobiles, furniture, tools, raw materials, or devices on their lot that are "noxious,
dangerous, unsightly or unpleasant." Propane gas containers must be screened from public view.
Building supplies may not be stored on a lot prior to the issuance of a building permit.
3.4 Additions
Additions to existing structures require ARC approval. Examples include: fully enclosing a porch,
expanding a garage, enclosing an outdoor shower, or adding a room to the house. The Homeowner
must get ARC approval and then apply for any necessary building permits. Copies of the Permits must
be provided to the ARC. An application for an addition should include the following information:
A complete set of construction plans and specifications, including a front, one -side, and rear
elevation;
b. Type of construction materials; and
c. Color of the addition.
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3.5 Animals and Pets
Homeowners are allowed to keep a maximum of three (3) total cats, dogs, or other domestic household
pets on a lot. Other animals, such as wildlife, poultry, reptiles, cannot be bred or kept on a Lot or in a
home. Animals that endanger Homeowner health and safety, make objectionable noise, or constitute a
nuisance or inconvenience to other Homeowners shall not be kept or maintained on any lot or in any
dwelling. Homeowner pets and animals must comply with the Brunswick County, and State of North
Carolina requirements regarding pet licenses and vaccinations. Animals must be leashed prior to leaving
their owner's property and must remain on a leash at all times while off their owner's property. Pet
owners are responsible for cleaning up their pets feces anywhere within the neighborhood. Violations
of the leash law will also be reported to the appropriate authorities.
3.6 Animal Pens and Shelters
Animal pens and shelters, such as a doghouse, may not be constructed on any lot.
3.7 Antennas and Satellite Dishes
With ARC approval, over the air reception device (OTARD) antennas device may be installed on a
Homeowner's Lot. No antenna of any kind may be installed in the Common Area. The Covenants state
that OTARD devices are to comply with Over the Air Reception Device Rule 47 C.F.R 1.4000. A compliant
antenna is one of the following:
• Used to receive or send over the air direct broadcast satellite service. Such antennas must be
no more than one meter (3.3 feet) in diameter;
• Used to receive video programming services via multipoint distribution. Such antennas must be
no more than one meter (3.3 feet) in diameter; and
• Any antenna used to receive television broadcast signals.
The exterior antennas must be erected in a location that is least visible from the street or driveway
while still providing an acceptable quality signal to be received. The Homeowner is responsible to
ensure applicable FCC and Brunswick County requirements are met.
The Request for Architectural and Landscape Approval must include a sketch, plat, or map showing the
intended location and an explanation of why that location was chosen.
3.8 Clotheslines
Permanent exterior clotheslines that are visible from any Common Area or adjoining lot are prohibited.
A temporary exterior clothesline may be used under the following conditions:
• It is concealed from view of all streets;
• It is screened from view of any neighbor who objects to seeing it;
• Laundry is not left on the lines any longer than necessary for drying; and
• It is retracted or removed immediately after each use.
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3.9 Color Changes
An exterior color change to existing structures requires ARC approval. A sample of the current and
proposed color must accompany the application. Approval is not required if the existing/current, paint
color is being used for the project.
3.10 Decks
Deck construction requires ARC approval. Like other structures, decks should be designed and
constructed for aesthetic and architectural compatibility with the existing structures and surroundings.
There are no predetermined styles for decks; however, they must adhere to the following Standards:
3.10.1 Materials
All exposed wood should be:
1) Pressure treated pine or fir;
2) Spruce;
3) Redwood;
4) Cedar;
5) Cypress; or
6) Engineered/composite wood decking materials.
The color of natural, painted, or stained decks should be compatible with existing structures.
3.10.2 Height
The deck height must be aesthetically compatible with existing structures and all -natural
surroundings. Decks higher than the first floor will be discouraged, unless they are compatible
with the architectural design and theme of the house and its setting.
3.10.3 Location
Decks should be located at the rear of the house, but they may extend around a rear corner
toward the front of a house to a distance that is no more than one third (1/3) the width of the
side of the house. The deck must be securely attached to the house.
An application for a deck should include the following information:
• Location of the deck on the lot and in relation to the home and any other structures;
• Impact on existing vegetation in the area, especially trees;
• A plan or sketch of the structure from two different views;
• Type of construction materials; and
• Color of the structure, if painted or stained.
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3.11 Deck and Porch Enclosures
The Homeowner must submit an application to the ARC for all proposed deck and porch enclosures. The
enclosure should be designed and constructed for architectural and aesthetic compatibility and
harmony. An application for enclosing a deck or porch must include the following information:
• A plan or sketch of the structure from two different views;
• Type of construction; and
• Color of the structure, if painted or stained.
A deck or porch enclosure may require a County or Town building permit. A copy of any required
permits must be included with the ACR.
3.12 Fences and Privacy Panels
ARC approval is required for fences used to enclose a yard or privacy panels used to screen short
sections of a Lot. Fences and privacy panels must adhere to the following standards:
• Fences and privacy panels must be placed on the Homeowner's Lot and not on the Common
Property.
• The structure must not extend beyond the front elevation of a Homeowner's house or adjacent
Homeowner's house. Fences and panels cannot be placed between the front porch of a house
and the sidewalk.
• The maximum height allowed for fences is four (4) feet from ground level to the highest point
of the fencing.
• Fences must be picket style and constructed of powder -coated aluminum with a black finish.
• The top rail of the fence must be flat and smooth with no pickets extending above the top rail.
• Privacy or screening panels will only be approved where there is a justifiable reason. For
example, to screen a street from a home or to provide privacy screening for an adjacent porch
or deck.
• Privacy or screening panels must not exceed a height of six (6) feet.
• Freestanding panels place in a yard must be made of white vinyl.
• The finished side of a privacy or screening panel must face out toward adjoining property and
streets.
• If a privacy or screening panel is an extension to an existing structure, it should consist of
materials and colors that match or closely complement the existing structure.
An application for a fence or panel should include the following information:
• A plat, map, or drawing that shows the location of the fence or wall on the lot and in relation to
the home and all existing structures, including driveways and/or patios;
• Impact on existing vegetation in the area, especially trees;
• The style of the fence;
• Height specifications;
• Construction materials and details; and
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e Type and color of surface treatment.
Fences and panels constructed by a Homeowner must be properly maintained and kept in good
condition. Maintenance to these structures does not require ARC approval.
Fencing and panels installed in a yard may have a negative impact on the ability of the WCHOA
landscape service to perform yard maintenance. Homeowners should be aware that Article X Section 2
of the Covenants allows that the ARC may condition the approval with the ceding of the obligation to
maintain landscaping inside a fenced in area.
Homeowners are reminded to use extreme caution when digging in their yards since all of the utilities
and irrigation systems throughout the Waterway Cove community are located underground. The ARC
strongly recommends that Homeowners contact the Utilities Location Service (800.623.4949) to locate
the utilities in your yard before you begin digging.
Requests to construct a wall or fence on the perimeter boundary of Waterway Cove property must be
made to the BoD.
3.13 Firearms and Fireworks
The use of fireworks, firearms, and gas powered guns within Waterway Cove on a Lot or on Common
Area is strictly prohibited. No hunting is permitted within any portion of the Waterway Cove
community. In addition to a daily or per incident fine, violators may be subject to criminal prosecution
by the appropriate authorities
3.14 Vegetable Gardens
Vegetable gardens are allowed with LC approval.
Vegetable gardens in common areas require LC approval. Homeowners must abide by the Landscape
Design Guidelines for Common Areas and submit a Common Area Use Request Application Form. All
forms are on the WCHOA Management Company web site.
3.15 Generators
The addition of a permanently installed home backup generator requires an approved Architectural and
Landscape Change Request. Permanently installed generators must comply with lot setback restrictions
and be installed within the available impervious surface. Generators must be screened from view from
the street and adjacent lots. Landscape screening, approved by the Landscape Committee, is preferable.
3.16 Grading, Elevation and Drainage
Grading and other changes in topography could result in improper drainage and cause flooding on other
properties. The ARC and Landscape Committee will deal with these requests on a case -by -case basis.
The ARC and LC may require the Homeowner to provide a site or plot plan that reflects the new
topography for the changes that involve grading. Alteration of flow of water in existing drainage ditches
and culverts is discouraged as it is likely to impact upstream and/or downstream Homeowners. The
State of North Carolina Department of Environmental Quality (DEQ) may also have requirements to be
met before making changes.
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The Homeowner is advised to consult with the ARC and LC to determine what details will be required for
an application of this type. The Homeowner, not the Waterway Cove Homeowners Association, is fully
and exclusively responsible for any damage that results from topographical changes made by the
Homeowner, whether or not the changes were approved by the ARC, LC, or the Board of Directors.
3.17 Handicap Access
Additions or changes to provide handicap access to homes, such as ramps, lifts, and elevators, are
allowed. ARC approval is required.
3.18 Hedges and Screen Plantings
Planting in hedge or row form must be approved by the Landscape Committee. Planting in hedge or row
form must adhere to Architectural Standards - Fence and Panels Standard.
3.19 Impervious Surface Limit
As required by our Stormwater Permit SW8 070544MOD, each lot has an impervious surface limit which
is documented in the original property survey received at closing. Any property changes or addition that
changes the amount of impervious surface on a lot will require a survey update to establish that the
impervious surface has not exceeded the lot limit.
3.20 Landscaping
Any change in exterior appearance to the landscaping of a Homeowner's lot requires LC approval. The
following criteria should be followed when designing landscape changes.
• Annuals and Perennials
Planting Annuals and Perennials is permitted without LC approval. Pre -emergent herbicide and
weed control measures are used on plant beds by the WCHOA landscape contractor.
Homeowners may plant Annuals and Perennials at their own risk.
• Lawn/Sod
Homeowners may replace their sod with the same seed type or with Bermuda or coysia grass.
All other lawn seeds shall require LC approval.
• Annual Rye Lawn Seed
o Annual grass for winter lawns is not allowed since it is not consistent with other
dormant grasses within the community.
• New Trees and Shrubs
o Proposed plants must be adaptable for the Coastal Carolina region. Refer to North
Carolina Cooperative Extension Brunswick County or NC State University for compatible
plant lists.
o Plants must be spaced as per Nursery Standards. Typical spacing shall be % - % of the full
mature width. Plants shall be place with adequate distance from structures.
o Invasive plants are prohibited
• Vines and Climbing Plants
o The WCHOA landscape contractor is responsible for maintaining all fences located on
the perimeter of our development. This includes keeping the fence free of vines and
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replacing damaged boards etc. If a homeowner wishes to plant vines along the
perimeter fence, they may do so on trellises.
o Vines and climbing plants are rot allowed on the perimeter fence.
3.21 Lawn and Yard Maintence
Homeowners are responsible for ensuring proper care of their landscaping. Homeowners can request
assistance and support with yard maintenance service or irrigation issues by submitting a Work Order
through their account on the Management Company web site.
The WCHOA Landscape Service Contractor has the right of unobstructed access over and upon
each lot at all reasonable times to perform landscape maintenance. The Owner shall not place
any furniture or construct any Improvements on the Lot that will interfere with the WCHOA's
maintenance obligations.
The WCHOA Landscape Service Contractor will pick up organic debris and yard waste 1 time per week.
Yard waste must be if placed in a biodegradable bag as designated in their contract.
A Homeowner may choose to Opt -out of the WCHOA Landscape Services by completing the Opt -Out
Agreement form found on the Management Company website. There is no reduction of HOA annual
dues if a Homeowner chooses to Opt -out of landscape services. There are two (2) Opt -out choices:
1. Opt -out of mowing and debris cleanup.
2. Opt -out of pruning, cutting, and debris cleanup.
Homeowners may not Opt -out of the fertilizer or herbicide services provided by the landscape service.
3.22 L'o htin
Street and yard security type lights mounted on poles or other structures are prohibited. Security
lighting that is mounted on a house or other permanent structure is allowed, but diligent care must be
taken to ensure that the lights are not directed toward streets or adjacent properties. Decorative yard
and landscape lighting and low -voltage lamp yard systems are allowed. Lighting visible from the street
must be white/clear in color.
3.23 Maintenance and Repairs
Homeowners, not the Homeowners Association, are responsible for maintenance and repairs to existing
structures, additions, and improvements to those structures. ARC approval is not needed for repair or
maintenance to restore a structure to its original approved condition is necessary. Maintenance and
repairs that will change the appearance of an existing structure are subject to prior approval.
3.24 Patios and Outdoor Fireplaces
A patio is considered to be any ground level non -earthen structure that provides outdoor living space.
This includes fire pits, fireplaces, and outdoor kitchens. They are usually constructed of concrete, brick,
field stone or decay resistant wood materials. Construction of a patio requires ARC approval. An
application for a patio should provide:
• details about the type of materials to be used,
• its location,
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• its size,
• changes to landscaping, and
• changes to the amount of impervious surface on the lot.
3.25 Play Equipment
All permanent outdoor play equipment and structures, including basketball backboards, and other game
accessories located on a Lot are subject to prior approval of the ARC. Permanent play equipment must
adhere to the following Standards:
• An application for play equipment should include its location on the lot and a drawing or picture
of the equipment.
• Play equipment must be located behind the house and at least ten (10) feet from neighboring
property lines;
• Basketball goals must be located adjacent to paved areas;
• Basketball playing area must be paved;
• A stationary basketball goal post must be securely located to withstand normal use without
tilting or falling; and
• Basketball goals are not allowed on the curb areas of the street or any other Common Open
Space.
3.26 Security Cameras and Videos
Security cameras are allowed only as long as they are directed only towards a Homeowner's own
property. Cameras must not be directed to record other Homeowner's property or activities.
3.27 Shutters
Adding window shutters to the front elevation of an existing home requires ARC approval. Shutter
additions must comply with the following:
Shutters must be the length of the adjacent window;
• Shutter color must be the same as the front door; and
• Shutters must be mounted on the house siding, not on the window trim.
3.28 Signs
No signs or billboards of any kind shall be displayed in public view on any lot except as follows:
• One sign advertising the property for sale;
• Signs posted on the Common Area by the HOA;
• During the period of construction or sale is permitted.
Signs may not be more than six (6) square feet in size.
Temporary, occasional signs of a personal nature, such as those that:
• Announce a new arrival or birthday may be displayed for not more than one week.
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Garage or yard sale signs may be displayed only during the day before and the day of the sale.
Political signs may be displayed for no more than forty-five (45) days prior to the day of the
election and must be removed within 2 weeks following the election.
3.29 Solar Collectors
The construction of solar energy collector panels and attendant hardware requires ARC approval. An
application for solar collectors should include detailed plans and specifications. If a commercial product
is to be installed, the manufacturer's specifications and promotional literature or photographs of similar
installations should be provided with the application. A solar collector installation must also meet all
Town and County requirements.
3.30 Storage Buildines and Other Free-standing Structures
Following Article II, section 11, of the Covenants, storage buildings and other free-standing structures
are not allowed.
3.31 Swimming Pools
Above ground swimming pools are prohibited. In -ground swimming pools may be installed in rear yard
areas. In -ground pools must be completely enclosed in child -proof fence. Homeowners, not the
Waterway Cove Homeowners Association, are fully and exclusively liable for any accident involving their
swimming pools. An application for an in -ground swimming pool should include the following
information:
• Location of the pool on the Lot;
• Impact on existing vegetation in the area, especially trees; and
• A plan detailing the size of the pool and surrounding patio, the type of construction materials
and the specifications and location of filtering/heating systems to be used.
• A plan for enclosing the pool area that is in compliance with the architectural standards for
fences.
3.32 Trash and Trash Receptacles
Lots must be kept free of rubbish, trash, and yard waste. Each Homeowner will provide receptacles for
trash which must be stored in a place that is not visible from any street or alley. A Request for
Architectural and Landscape Change Approval is required for screened or fenced trash receptacle
storage areas. Trash containers, recycling containers, and yard waste can be placed at the curb no
earlier than the evening before the scheduled pick-up and must be removed the day of the pick-up.
3.33 Tree and Large Shrub Removal and Maintenance
Large tree or shrub removal requires LC approval.
Plant material may be removed and not replaced if the plants are too close together at the
determination of the LC.
Trees that have been severely damaged in a storm can be removed without LC approval. It is the
responsibility of the homeowner to remove the wood from the site.
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Homeowners may remove a dead plant and replace it with the same type or variety of plant without LC
approval.
Diseased plants that are dying or have an untreatable condition must be removed by the homeowner
immediately so as not to infect other plants in the community. The Homeowner may request the
assistance of the Landscape Committee.
Pruning trees limbs that are touching or overhanging existing structures does not require LC approval.
Tree limbs must be cut in four (4) foot lengths or shorter and placed by the nearest curb. Removing the
tree with overhanging limbs does require LC approval.
Severe pruning of trees requires LC approval. Severe pruning includes removal of the main leader of
the tree, topping a tree and removing multiple trunks. When pruning large trees consideration should
be given to the time of year, tree species, esthetics, and general health of the plant.
3.34 Vehicle Parkins
Please refer to Article II, section 13, of the Covenants for vehicle parking information and guidelines.
The WCHOA Parking Committee may produce separate guidelines.
Driveway expansion or the addition of parking space on a Lot requires ARC approval regardless of the
type of proposed surface treatment. Changes to landscaping, and changes to the amount of impervious
surface on the lot must be considered in all proposals.
3.35 Vehicle Maintenance
The assembly or disassembly of motor vehicles and other mechanical devices is prohibited, unless it is
done within the confines of the Homeowner's garage. Minor maintenance tasks and emergency repairs
can be done outside of the garage as long as the work is completed in one day's time. Homeowners
should contact the Board of Directors or the Management Company if circumstances prevent movement
of vehicles needing repairs. All petroleum waste generated from such work must be properly disposed
of by the Homeowner and not dumped in any lot, common area or storm drain.
3.36 Yard Decorations
The placement or construction of exterior decorations within view of the streets other than items to be
placed on or immediately adjacent to an exterior door is subject to ARC approval. Examples of such
items are: sculptures, fountains, yard ornaments, flag poles, windmills, wishing wells, and large
planters. Seasonal yard decorations, e.g. national holidays, religious holidays, New Year's Day, and
Halloween, may be temporarily placed upon the yard during the particular season, but must be removed
within two (2) weeks after the appropriate holiday has passed.
An application for permanent yard decorations should include a drawing or sketch of the item(s).
Where possible, a manufacturer's drawing or picture of the item(s) should be included with the
application. The application should also show the planned location of the item(s) on the lot.
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4 ARCHITECTURE AND LANDSCAPE GUIDELINES AND USE STANDARDS
ENFORCEMENT
4.1 Homeowner Report of Suspected Violations
To maintain the aesthetics and integrity of our community, every Homeowner is encouraged to notice
and report suspected violations of the Architectural Review Guidelines and Standards contained in the
document. Homeowners can report a suspected violation of the standards by calling or sending an
email to the WCHOA's Management Company. This feature works anonymously. No record of the
reporting Homeowner is kept by the Management Company or the WCHOA.
4.2 Property Management Company Report of Suspected Violations
The ARC and LC conduct periodic inspections of the neighborhood. During each inspection the
inspectors will use open and closed violation issues, and open and closed Requests for Architectural &
Landscape Approval to ensure compliance with past actions. The inspectors will take notes and photos
to document compliance issues. These notes are then used to create new violation letters, close open
violations that have been resolved, and escalate continuing violations. The periodic inspections are
completed from the street. The inspector will not enter a Homeowner's property unless the inspection
is related to a Request for Architectural and Landscape Approval or to investigate a complaint.
4.3 Enforcement
The basic tenant of the enforcement of the Architectural and Landscape Review Guidelines and
Standards is that all Homeowners agree to comply with the Standards and the Covenants of Waterway
Cove Homeowners Association.
The enforcement process moves through four phases. Each phase relies on the inspections and
reporting of violations previously described in this section. The WCHOA's Management Company
assists the Board of Directors by providing the official communication between the Board and the
Homeowners. The four enforcement phases include:
1. Friendly reminder.
2. Official notification.
3. Hearing.
4. Final actions.
Timing between each step depends on the nature of the violation. Easily corrected violations such as
landscape maintenance or removing a lawn sign are given shorter correction periods than more difficult
items such as making a home repair.
4.3.1 Friendly Reminder
The 'friendly reminder' is a letter from the Management Company to a Homeowner that points out or
reminds a Homeowner of their non-compliance with the Standards. The objective of the letter is to
have the Homeowner voluntarily correct the non-compliance.
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4.3.2 Official Notification
If after a Homeowner fails to respond to the 'friendly reminder' the Management Company may issue a
Notice of Violation. A date is specified for expected correction of the violation. The Board may offer
suggestions for remediation or correction of the violation. The notice will detail the Standards that are
being violated.
If the inspector notices a property change without an approved Request for Architectural & Landscape
Approval on file, the Homeowner will receive a Notice requesting that the Homeowner submit a
Request for review and approval. Work on the unapproved change should stop immediately until the
ACR has been submitted and approved.
4.3.3 Homeowner Hearing
If a Homeowner does not bring their property into compliance with the Guidelines and Standards, based
on the violation, the Board may elect to impose a fine for the violation. Before the fine associated with
the violation can be levied, the Homeowner will be given an opportunity to attend a hearing before the
WCHOA Board. The objectives of this phase are to:
Ensure the violation is clearly explained and understood by the Homeowner;
• Understand the Homeowner's position and assist the Homeowner in evaluating potential
courses of action;
• Obtain Homeowner agreement on voluntary compliance and an action or remediation plan; and
r Discuss potential actions available to the Board if an action or remediation plan cannot be
agreed upon.
When the violation reaches this level, the Homeowner will be informed by registered letter of the time
and date of the hearing. The letter will contain a description of the unapproved modification and any
photos and correspondence that pertain. The Homeowner must be notified of the hearing within a
minimum of ten (10) days prior to the hearing date. The Board will make good faith efforts to work with
the Homeowner on the scheduling of the hearing. However, the Board may conduct the hearing and
make a fine determination, without the presence of the Homeowner if the Homeowner decides not to
attend. If a Homeowner does not participate in the Hearing, the Board may decide on a remedial action
or fine in the Homeowner's absence. Some fines for non-compliance are described in other sections of
this document. The determination of the Board is final and cannot be appealed. The Homeowner will
receive notification of the determination by registered mail.
4.3.4 Final Actions
As a result of the Board determination at the hearing, the Homeowner may be subject to the following
actions:
• Suspension of Homeowner's voting rights and privileges;
• Fines for the violation will be determined and administered by the BoD;
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• Collection of outstanding fines, penalties, and fees associated with this action by private agency;
• Waterway Cove Homeowners Association may initiate litigation against the Homeowner to
recover all costs associated with this action, including its reasonable attorney's fees and
expenses incurred. At the discretion of the BoD, legal actions may include;
o Filing of lien against the Homeowner's property for all outstanding fines, penalties and
fees associated with this action. The lien shall remain in effect until such time that the
violation has been corrected and all fines have been paid in full.
o If the lien remains unpaid for a substantial period of time, the Board may seek to
foreclose the lien by forced sale of Homeowner property under court order. A lien will
be filed against the Homeowner's property for all outstanding fines, penalties and fees
associated with this action. The lien shall remain in effect until such time that the
violation has been corrected and all fines have been paid in full. The Homeowner will be
notified of this action by the attorney;
The Homeowner will receive notification of initiation of these legal actions from the attorney
hired by the Board or its agent.
5 AMENDING ARCHITECTURE AND LANDSCAPE REVIEW GUIDELINES AND
STANDARDS
The Architecture and Landscape Review Guidelines and Standards (Guidelines) is a dynamic document
designed to reflect the current values of the WCHOA and Homeowners. The Guidelines and processes
may be changed or amended as the need to do so is recognized. Amendments to the Guidelines will be
in response to events that identify required or appropriate changes in a process, standards contained in
the Guidelines or the document itself. Amendments may also be in response to a change in the values
or beliefs of the WCHOA. This section defines the amendment process.
Homeowners are encouraged to discuss any concerns that they may have about the Guidelines or
processes with a member of the Board of Directors, the ARC or the LC. The Covenants grant the ARC
"sole and full authority" to amend the Architecture Review Guidelines. However, the ARC will present
requests and proposed amendments to the Board of Directors for review and acceptance. The
Architecture and Landscape Review Guidelines and Standards or process can be amended through the
following process:
1. Written proposals for amendments will be initiated by or presented to the Architectural Review
Committee or Landscape Committee for consideration.
2. The ARC and the LC will discuss the proposal and if they decide it has merit, the chairman will
present it to the Board of Directors at its next regularly scheduled meeting.
3. The Board of Directors will discuss the amendment and vote on it.
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4. If accepted, the Board of Directors will notify Homeowners of the proposed amendment via the
Homeowners Association newsletter or any other means it so chooses. The final approval of the
proposed amendment will be tabled for thirty (30) days after Homeowner notification to
provide Homeowners the opportunity to consider, discuss and provide comments on the
amendment. If a majority of the Homeowners object to the proposed amendment, the Board of
Directors may rescind it. Unless rescinded by the Board of Directors, the amendment becomes
effective at the end of the thirty (30) day notification period. Homeowners will receive an
update of this document soon after the amendment becomes effective.
Architectural and Landscape Review Guidelines and Standards — April 12, 2020

271':.g
Appendix
Appendix A. Use Restrictions covered in Article 11 of the Waterway Cove Declaration of
Covenants, Conditions, and Restrictions
Appendix B. Request for Architectural & Landscape Approval form and online processes
Architectural and Landscape Review Guidelines and Standards —April 12, 2020

281 Page
APPENDIX A. Covenants Article II. Use of Lots and Common Area
The Covenants and Bylaws contain several specific standards and restriction for the community. The
following standards and restrictions are covered in the "Amended and Restated Declaration of
Protective Covenants, Restrictions, Easements, Charges, and Liens for Waterway Cove" (the Covenants),
Article II - Uses of Lots and Common Areas. These standards have been incorporated into the
Architectural Review Guidelines and Use Standards and will be considered in Architecture Change
Requests. Homeowners can find the Covenants on the Management Company website.
• Subdivision or reconfiguration
• Residential use of lots
• Nuisances
• Exclusion of above ground utilities
• Signs
• Prohibition against business activity
• Mining and drilling
• Garbage disposal
• Temporary structures
• Other structures
• Clotheslines
• Vehicle and off-street parking
• Sewer, water, utilities
• Firearms and fireworks
• Animals and pets
• Driveways
• Mailboxes and delivery receptacle
• Garages and parking
• Wells and irrigation
• Ponds, lakes and water retention areas
• Artificial vegetation, exterior sculptures, and similar items
• Play structures and yard accessories
• Energy conservation equipment
• Trees
• Elevation and drainage changes
• Boat slips
• Docks, piers, landings, etc
• Restriction on rentals and leasing
• Antennas
Architectural and Landscape Review Guidelines and Standards —April 12, 2020

291 . I ....
APPENDIX B. Request for Architectural and Landscape Approval Process
Prior to making exterior or landscape changes to their property, Homeowners must obtain approval
by the Architectural Review Committee or Landscape Committee. Any exterior modifications made
to property without gaining approval is in violation of the Covenants and may be cited in a violation
letter. A copy of the Request form is available on the Management Company website. However,
Homeowners are encouraged to use the online process available on the Management Company
website for submitting a Request.
Following are images of the Request web {gage and instructions for downloading the Request form
to submit it via the US Postal Service.
1. First login to the Management Company website.
i
Priesde. v jlfunq,,efnew f t+nr jaanr
There are 5 steps to obtainthe Architectural
. - Change Request Form
1a �` 1. Enter your email address and password
All
40
r'
After you are logged in to the Management Company's website, you will be taken to the WCHOA
Welcome page.
Architectural and Landscape Review Guidelines and Standards —April 12, 2020

301 Page
2. Once on the welcome page click on the HOA Information pull down menu.
3. Next click on the Documents tab.
LC-rGE'+:M AS
Waterwav Cove Hamenw"11c'rs Association, ACCOIJN7
Inc.
t , I've )ctMea,to your Assosiation w<,-is^s" e
diyeC[s orb Wa [amnivm, xvwy is MS nrGr rYJ,re Gi :L d:Jrci'a!b(it 1'i YI hCp r:SiOrn[:1JPr[8[e 10101t'
will "bur hUt%,0 ih8 assoc w;nn MWI am1 rnanage+-rca; L 3-PM :11e I DU me
tc
• Crea:L•. rncac; ana YrC+t rccwmg assrssmsm ,ra.nenR;
Architectural and Landscape Review Guidelines and Standards — April 12, 2020

311
4. Once on the Documents page click on the Forms folder. You will then be presented with a list
of available forms.
5. Click on the "ARC Form" to download the Request for Archictectur a and Landscape Approval
form to your computer or tablet.
6. Complete the Request form and mail or fax it to the Management Company.
1 atcj�•tz cra("cts•e lacau�c�ui:•,Y.�j•.i .-t.4tic�crrxrrnr�,
�u = ��
4. Next click on the Forms menu itcrn
W
P+.ka
i
S. Then click on the ARC form to
-4
download the Achitectu ral Change
Requests
Following are images of the Request web page and instructions for submitting a
Request using the online process available on the Management Company
website.
1. First login to the Management Company website.
Architectural and Landscape Review Guidelines and Standards — April 12, 2020

321 Page
Priestley iWanagement Company
11
There are 5 steps to obtain the Architectural
Change Request Form
1. Enteryouremail address and password
NEXV. n
2 and 3. Once logged in, select My Account and then the ACC -ARC option from the pull down menu.
Using the PrIestlY websitc Requastjotm
tv Al mDoalion '"bsite
ea
N NTS�,I n1de (an29 0'�ta�JJFES MhCn W0. r&W VOL �C14MUFucr.e not iptw
Pt j, mth ine assariawn boadt and mans orrvi convAny as Y-*4 A oMels Ou UN
Architectural and Landscape Review Guidelines and Standards — April 12, 2020

331
4. You will then be taken to the following page. Now click on the "Add ACC Request" option.
1»c•.
con a 11—, 4 add com b d aFa4N.%nY OdV" a01•Y. nW "W I%VA Ic VOM ■ err. -*Qu d4k V, A49 ACC R'"j,
•,n ::e .: ;.,+vyn�v+naone adore YCW aew.mm�x� c�sx Suo.m �u %w+o:.nan Hsergr. nr caved Tw.++��+iy ngr3.g tM
:rth�
Architectural and Landscape Review Guidelines and Standards —April 12, 2020

341Pa L
5. You will then be shown the online Priestly Management Company form. Complete the form
following the steps shown below. You can also provide additional information to Priestly using US
Postal Service, email, or fax.
ACC -A RC Retj-.4k AS
M and am can- rres V yra.," uK. m. aaa+Cl ceo ,:
'- • - :!, nrA sWSQ+y rr�+rer y.'yma'eon am allow ywr a'acrr•nrrs no S:.cr+r
1•"'�la3 Cenrw
This is the Priestly online architCCWral and
andscaping change request form.
.:�.:nrkctmral antl
.ans�aa'raappraral
O.w..rwr
H.ppr ..narn
The f nt ,stiy system wit,
aeeo.nrtwyrp.
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Please allatrf Orax snps'e Ines rpVtV 'Vrm sfth Xt4 d'r pr qpc: tO ,rnp rQ%tmtn;S n1P.N:Omg
rMatiOrloips w i! Swwo StruCmm. ranavapmg a." Ibr W& T*o QraY%LV art neea"d 10
dewt+sho" 5<oPOSe6 v Pm'emen's oKivaq exrslin� sbr%tvte5 Al OW Bran --Top DoLw
t,tgp,• may' ae Oman on a c4pv or •?ow lot SUM1e4 E1 ElevXions • S4e Venn - one 4r more
as n"osarp allaogtaos or twwww wares sh"Id De slr*mfta %#h VK rtQueSl l.Mn
ayattable
.:rra:M�Me La� ray linr4 r
r.elr �•: r[E Yr+*aM ere. a� •.�•rQ rtdafa.r•nee^ n:arec
To complete the form
W_11 Sc:`:C'& Lhc c.hangiz type
from the pull clown
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Please Cnecr: VW WV" rxbw tc �"-Cate mat you hers reao ano WW!+3•En4 me 'OrKn+i-
nptreOV4Te1 r[sponsemws
n r..rynaelT rr .a r.we.gra c.ntea e, nw..e.ee. n ..n a .., r•..rier•.rr. an+ ea!agr wee >.
w+ wuaam x am am xec ae.+ roar n rm:nee rs s.r yr9rq m.l -.:x.
(. n.e apsrrWe eu+'++rr..l ss1a. Mr -,Kk .`+/..@.n Wr 01 mn —d rA Caen y.N 1 w•er nr
i.'+'(K+t�mV pege.ytWi am aym to ooerryr •+dn 0 q•r MV r-Wft-..Vat—N ex ); Ow
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Acid a dc�cnntio•n and
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Architectural and Landscape Review Guidelines and Standards — April 12, 2020

35�r ,�..
Waterway Cove Homeowners Association
Completing a Reguest for Architectural & Landscape Approval
Please provide as much information as possible so a decision can be made. All change
requests will be responded to in writing within 45 days.
1. Provide an accurate description of the proposed architectural change or project.
2. Provide a plant list and planting plan/sketch for proposed landscape changes or
project.
3. Provide copies of permits required.
4. Provide a complete set of construction plans; Front -Side -Rear
5. Also provide any materials, colors, preservation techniques, and structural details,
similarities to existing structures within the community, measurements, and any
other information that will accurately describe the appearance of the change when
complete. Include color samples and/or paint chips for exterior color change
requests.
E. Provide a plat or "birds -eye" view of the entire lot and identify the proposed changes.
This can be done by including a lot survey or hand drawn diagram and marking the
proposed changes in colored pen or marker.
7. Provide as many views of the proposed project as necessary to accurately describe
it and present it to the board of directors or architectural and landscape committees.
8. It is strongly suggested that you discuss your proposed project with each
owner of neighboring/adjacent lots or any owner who would reasonably be
able to view your proposed change from their property.
Architectural and Landscape Review Guidelines and Standards —April 12, 2020

JR1
A
S
, -.p _ ^Picks ofRE0,:; j pe "PR P
fit& �airia L9dva
t�+ira toT
. t . OF
Y t,'A TEIRAY COVE .1 01V1 ' 0 V`A7 ASSOCIATION, IN---,-'.
%ta'riw8v, C *ve hoot wwneaa Assexiatiun, fnc. does hereby cexhi'+f the following
amendments to its Bylaws effective the :Bth day of March. 201e.
RF.crrAi.&- r
Vl; aterway Cove Hwtzsaav^,>WOOAtluTla0:(' hssn, iation j is the r[ooprof+t
corporutim .ara"cd ofMembrwl:3i owners of lots located m o 4orwa) Cove;
2. Pais le XI of the Bylaws of the Association pmnits amendment of the Bylaws by it
wi4 mlty of the Members piuvcnt at =y xnwtwg at vwbuch &quorq qt is pre sm. p,-0vj&d that a vatic c of
the meeting shall have been given which states that The pugwse cw out tkf thr putpokc: of the meeting is
to consider a proposed amendment to the Bylaws and juchtdea a copy ear %ummaey or" proposed
amendment or sates the Seurat nature of the amendmcmt,
r.
3. On March 28, 2014, a M4 344 79" "Asscrctatiax was .held at which a
quortm of the Members w t 8• tile"6nauhnenis sa!: e,h hereimflcrwa
ares�.�r►tod to those sMomhera t or by prsxg for cxzns'tdcratitm, and all of said amendments
wom approved by a vote of a majority of ftme Members prosent in pave arut by vroxy,
NOW, THERL FORE, the =dw*W offan of the Assomat on do h=bv , the tgtlaw+ng
snmdm mts have bm petty ad*W by the Member ns ai'iomW ee' the animal meredr% of tt+e Aswestmn
and its Manbeis on March 28. 2G]4;
DWAMEAMMi
Ar".; L B and IV ateIt""' ` �a d with the fallowing.
^
ARTIME I
WAIVj<E AND LOCATION
The dame of The wToratiou is Waterway Cove Humcjv tiers Usociation, Inc
hcrginafkr rcfen-e i to as tits "Ascnatatiim".11w principal offig4p;rthe Asulciation shall k
located at 1105 AleswPoint Blvd, Suite 6, I.9140t� � i emc'"up of members and
41seciwrsstray be held at such pla by the Board of Diratore>
ARTiCJ.R U
DEFINITIONS
CJqnWmd terms treed but toot otlmmise defined he mm staatl hu8c the meaning ascribes
thardo irk the Amended exiaration of CIOCotubtions and Restrict om for'W-aterwtiy
Cove rw ►riled inBon Pagno€iltc ReYgieter iii tcp, Bteuks►` QL Cutesy.
Sc'iirth Carolina tas the same may be amendliriiie:`tlta "Oecialratioti i

i I i
092
N
Comity, R"Istor of POW
ARTICLE IV
Orn=S
Amlit—ffil - Office, the rcratered office of the Association Shall be
1000W at 1103 NOWIMUI Blvd, Suite, 4. Leland. NC 28451
� .... .. --Tuoi;a'�i rf ice of the Association doll be,
located at 1105 Newpoint Blvd ":Ora* NC 28451.
—09L�Q-;& 11W As--,Wft*x= may have. other Of lam at such other
pluv,^ as the Dowd of DuaLton stray fim time to to de tervuric or as the affm of the
Assodafion may require.
lle tide fi)t Artielc III is dented
ARUCLE BI
ADNIM-11STRATION OF WA-jVAR'Al MiVr�
Sec dow I and 6 of Article VI are deleted and repleop r the fallowing:
MECTIN WA" 1kE'DWM AND VOTMNG RIGHTS
Section I - Aorta Meeftnpg. A mwdng of the "Members shell be held at loW onoe
each year (an '-Amujal Uvethv"): lira .Annual Meeting shall be set by the Board of Directors
and held on a business day in January of ukh year at 8-00 pm., Egstan StuKlad 7,MW pr at a
time set by the Board ofDirectors. At Asmuol MocfiW the Board of thrmun shall be laded
M acconlance with these Bylaws, anti the Members shad t'a Ojfth odder business as may
properly come befin them
Section 6. )Lbl�. TU -.mft rights of the Mambinhp of be appurtew4nt
to the ownership of the Lot tit Dwelling. Thera shall be two classes of Me Mmiltip with respect
to "two rights:
(a) am A M-ambm- - ('Iasg A Members. "I be all Owners axoqft the Dwja=t and
NAIUREWATCH LLC. Class A Memb= shall be aibded to ov-W (1),krote for cub Lot 0
which & rest ey hold the interequired for i;r t��ov& When more than one
person holds suchuva intor inte!v" in.
Ott 4uibutable to mob Lit shall be
exercised as qWb PWvM MUVW6�&�Ttiute, but in no event shag more than one (1) vde be
cad with respect to any such Let. Whet a purchaser of an individual La or Lots takes title
thereto from the Dedmog, such purchaser automancally becocno a Class A Member, udess that
purchaser is NATUREWATCH LLC.
T 006. 06 TWn
-, N (�11
T@)60

{�qP r x to
\ r ck C P tt.iE:ix
Y his far eiTun. RaNp.
..•
(b} Cjgg B NEWAM CIAN B MCti'lbM shall ANC the Dwlar= and-NATOREW. Tal
LLC. Eaab CIM B Member shall be eigitled to tint (10) votes for c a(h tart owned. Gass E
mctnbtcshig ftH aerie and ante converted to Claw A membership upon the happening of
OW Miller OfilW WOv40&
fi} Tire data on Which neither the NATUREWATCH LU-
AAMS any part Oi:Yt}► s.gi+t dr%i§idn ltacluchtt i:t tstnct 1#raacj
(h) Fi#ucnV �6 years f0owiag the date ofreoar+daticm of the Am imdM
Declaration; or
Oh) At such time as the Class B Mcmbm voluntarily reb Nwsh their tMass S
M anbe r stater€ in %NTiurtg,
From grid aSetIhe hapPamug of whichever of_ past. �;& � awica, tlu: grass 8
Membea shall be dcat;a3 to be a Cla$s,:MAO
cP+a�ti)let3 tO One vote fcta each $aai owned in
the rnanr�er lnravided shave. ; c:•:�; c> ^�
IN TUTSiONY WWRE'M' fir the pugxm of cemfyi� the action of this ads
afa-und, this documat has been taCE epteCl on bahWr of the Awcmtion by its pmddtut, tsitsated by its
SAY, aced i*s axal a bests- all 6y ceder ufti a Haatd of Directors NW the membership of the
U80CWon first duly given,
COVE HOMEOWNERS ASSO IATION,
inlc„
13aN ctxponttron
Y:
NAM � ,�,.•T- �,.
I11'l,fi: t
ATTEST
000,
rY no
V

'
armsWm nty, NC
10 Cott,
"
4
Notary Public,
be me this day and ack-mmAedgedOist he b
by auftfity duly gtm to hftn and as the w
,
histruniot was signed in its or! 0A N6.
Vj;nm my Im4 and official wal. Ibis the jn
MY -Iomubbim "Ouft
(,n,o 0 net
gg@ 0 WWI
rro6jDTnp
T0 0 OP 0 W,
D
pummuy Came
n__ uad that
the foregoirg

t
2.1
lI �,^':itiiPN�I#trel1)i'trrr of Auof 016
nsfsptc.4 of PRO4P
err�,`—
ii1I' ...t:.r. }.� �q-'•s:,,a;�,�Y.;�n=has'
#�tirn t4
Hlrsutr FaW PA
Froasnsa by and 3D9 Post 0*00 D"
attrer rr" bynrr spurn to Indiah Trall, NC 2079
-- - ..Fi10 No.
+&s a v�.sr: t.LF rta+I�1;. t iao G`c�rrt t�faen Yt+swsr s�,�att�., :y; +�� z-die
THtS A$S FYIENT AASUMPV OF PiCLAUNT RfGHU i Aaeignment') Is msdf,
of care ar of the j dap a# 2013 oy WECIA SER�IICE'3 A$SET MANAt3E'tilE.ttT
COMPANY., an ilArwir oQ;TI `ton {'Aze at+j';fc: mod., fa the benafi of WATERWAY COVEPAMWERS, LLC, a Nate Cwnfina firnited Pabhtty =np ("li sigfsa4r :L
WHE VAS. Aseigrw mi convayea to Usignse Are aropeny des2fted on RxhWA., a*shed
hereto and into fwtetad hersi€; by refene: (ilre'Propedy').
WHEREAt3, ip ounsi:Wn with the too c! ihs Propny, Assigmir im agreed to convey to
Asssgaee and Assignee has agr4es to awnpi from naa4w ell of Ars�oe's rights, pfiwfeges, obisgakons
and ice, if any, so dodal ( ctivvesy, l#fIR A' "t 1er the Declar'atim of ProtwWo
Covetiartts, Rerviotians, Ee"Mayfffi rAA4lvq . rVifabeiwa, Goya r000rded in Book 1046,
papa 007, of Ara pubiio ^xards Catar[Ir, rt�arth Carole to and t?e Norte Owoft Planned
Commur* Act
NOW, THEREFORE, $ar good are. vafuetble , the receipt am Sufuc anClr of vthxir
are hereby M!kntswiseaad, the pasil as sararf as fbaft
1. . Assignor a"Ons, guAaiafms, and corways to Aasignae
wiituWA •epnasar�taAos? o: wananty and or+ an 'AS i.S' and ' W ERE43" bash,, with ar !irraW i and
+unknown fauffa, and Assignee hereby accepts and assom all of Assignor's Oeoiarent R?gW. Assignor
maker via represersta on or wa +ty whatroswar, wriffen or orai, express or :mplwd, with regain to the
OeclerantRigbb. Ass rwr artpreiieytipusclairrrs rr�c. ►tat on ror watr�rWO W {a)'WhpNr
Assipnar teal any tyealaf+vrt Rlghta, d?^' t. ssigrt9rfid tfro aumongr to m9r., quitclaim and
>:anvay sve t) rt 1}ightrr Assign u tapr tdalristy aHxl hold Aslltgnor, fbs mwnber, mxwqora,
ofAnars, pasenEl, aMiiatas artC :5ors.' Troia'^an# agal rat any and at Gla=. tosser,
liebsiitlea, damegea, t+?tpimsee, tee 8nd costs { , �,attomayoY teas? a*sefrig ai wtwts or in pw tram
Air Arskgrrrrxent andMr Assignee°$ acds ar oxnlssicsts ai�nb succea+ror fQ thsx pes3eraM Rigrrte
2, aetlanggygb Ausl9m o pi". in the exat ubon of this Instrument for the psi<p se of
trtuaspbng tht Assouftnt in accordance with N. C Gen. Stet. § 4?F-3-04, Tfiis Rsaign!nem my be
a1 died in aria or more melielpaite, aaan of which wib o nsHtuts an oftmal but which together anal:
candbAe a single lneirurnent. Tt+ie. Assignment will booms effective upon the recofdinq thereof 'n ft
Oft& of the Register of t]eedevx Brgnswiok Couity. Natih' Oarolma. North Caro4ne law, excluding
primpies of conuft of taws, .Shall f 4iri the :in}psrjkptaticifnisrnd prtfa:oetrs�rt of Wile Aas,grnma>n
OD33S42
' .i

I, "IRIV
drunawk .&ftt#7' C Loter of Deeds pqp Z of a
Ili WITNESS WHEREOF. be executed as
,.I ft day and yepr fist abovo wA%n
SPECIAL $VMM3 ASSET MANASMAENI
ty,
Rot.!,. W;V,-f,
v4s P-asident
STATE OF
COUNTY OF
THE FORK-0140 INSTRMERT was, axr,txl ydclu owl Jgs t. and csovamd ihoote mo, the
undemilp-ed o"r. this day 45f 2013, by Rabed J. Benson (who perm"17y
apnearedl, as a Vtca President of Spec** S"$ Atwz Mapagem.arn Compary, or, babeir of Bald
company me° f
produced a cone in idwtifickon OR
Loured 7 4014tAmiti-I
IN WITNESS
8 fitted W-.n . t I ft M.;
tWYTARY SEAL; ACIM49*Mant FbIM Notary Pubil^., SUft of Caftrnla
' Cfty or Counw AforeaWd
2
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poop
�g
ACKNOWLEDGMENT
state of California
County of Los Angsias
74
on Jurw 12,2013 Nwfe dies Mans Davelos, Np!pq PUWIIC
(insert name and tft *I the thow)
parama% appeared _Robwl J. Be-asm —
whc proved to m on the basis of sadsWory evkfence to. be lb whose nanwitY iviiw-
sVbmfftd to the Wit'lln,nStruniOt and 801MOO.Odged tu'". thr: "h=v/ executed Ina asme in
fvWWWWr—suihorized ioapackTAOIIIN s1priatum64-vt the instrumem, V,,�
pemlsy or the entity wn behalf ' �ftoh iha 0 erFo,"" J..'_ executbdthe test: 9mont
1 certify under PENALTY OF PgftjURY " t�*I;P4 of the St.at,;, of Wfumia fast the foragoing
paragraph Is trw and wn%l,
D I mi i I i
my hard and alWal me;
hoary ftWc - =Wra,
UU &Ion GIVAI
J
'rMy I

44 rAar of Do*& ~,I *f 5
WATERWAN
e � ..
bm a 'd. N -3 rq!�r
Der*, thm Oe foWwo; ;4.t?4tr*4 t Ns dkv nod &Anow)eOged to
-er v= A tbpo" t be 0, she voln od000MW,1400he pjnxMe elated thereir, wd in go
o, coommy InOrAte
Dow, UAM
VNI Go-nm%goll Evnims-
NM.y Put"ho
Prot r4aroo...__ 9mwkLW?ft_
IA M
vf,.
r

0-iz.w%
lit p
urunrwi3O- ty'. c 2011E ar ONW,
bokV of., of That tract of iand consdift,at 48 07 sq-0 tf-MAij on {fienlged 'SurM for AffaMic
Coed Davelopment'r. apareo by Surw or, Oebber 2" r 2006, twised
k-
vi jsmusr} 3% =Vand mcm*cf,.Mep 0 t '6'i Mip..CsOhO .18, Page 4M BmrwWVI� Oou*
Reg;Mly save and �68vt UwWom ibts I. Ji,,40, 11; -"rid N, Phase IAA WvWfty Ceve
SA,d, 40n, Q$ MO-O NNY dosagued im. plats ii�Wdid 4f -tuip Cot -not fS5 pap Ia. ftnWdk COU,*
RegrY
*Mb42
211
I

SOSID:1115527
Date Bled: 9/15/2009 8:44:00 AM
Elaine K Marshall
North Carolina Secretary of State
C200925400123
ARTICLES OF INCORPORATION
OF
WATERWAY COVE HOMEOWNERS ASSOCIATION, INC.
The undersigned, being of the age of eighteen years or more, does hereby make and acknowledge
these Articles of Incorporation ("Articles') for the purpose of forming a nonprofit corporation under
Chapter 55A of the General Statutes of North Carolina ("N.GG.S.'% as amended, and does hereby set
forth:
1. Name. The name of this nonprofit corporation is WATERWAY COVE HOMEOWNERS
ASSOCIATION, INC. (hereinafter, the "Association").
2. Registered Agent and Office. The Association's initial registered office is located in Durham
County, North Carolina, with the mailing and street address of 1009 Slater Road, Suite 400, Durham,
North Carolina 27703, and the Association's initial registered agent at such address is Stephen H. Clark.
3. Principal Office. The Association's principal office is located in Durham County, North
Carolina, with the mailing and street address of 1009 Slater Road, Suite 400, Durham, North Carolina
27703.
4. Identification of Incorporator. The name and address of the incorporator of the Association is
Steven 1. Reinhard, 1009 Slater Road, Suite 400, Durham, North Carolina 27703.
5. Membership, The Association is organized as a nonprofit membership corporation. Membership
in the Association is limited to Waterboro Village Management, LLC, a North Carolina limited liability
company, its successors and assigns (the "Declrarani'D and Owners of Lots in the Waterway Cove
planned community (as further defined in that certain Declaration of Protective Covenants, Restrictions,
Easements, Charges, and Liens for Waterway Cove recorded or to be recorded in the office of the
Brunswick County register of deeds, as the same may be amended from time to time (the "'Declaration")).
Membership in the Association is appurtenant to and may not be separated from ownership of any Lot
which is subject to assessment by the Association.
The Association shall have 2 classes of members as provided in the Declaration. The votes
allocated to and voting rights of each member of the Association are as set forth in the Declaration.
G. Pumoses. The purposes for which the Association is organized are:
(a) to provide for the management, maintenance, preservation, administration and operation
of the planned community as described in the Declaration;
(b) to promote the health, safety and welfare of the Owners (as defined in the Declaration)
within the jurisdiction or scope of this Association; and
(c) to engage in any and all lawful activities incidental to the foregoing purposes, except as
restricted herein.
7. Powers. In order to carry out the purposes for which the Association is formed, but subject to the
terms of the Declaration and the bylaws of the Association, the Association shall have all of the powers
set forth in Chapters 55A and 47F of the North Carolina General Statutes, including, but not limited to the
powers:
4 JAN 2 B 2021 I I
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C200925400123
s
(a) to exercise all of the privileges and powers and to perform all of the duties and
obligations of the Association as set forth in the Declaration and the bylaws of the Association;
(b) to fix, levy, collect and enforce payment of (by any lawful means) all charges or
assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all
office and other expenses incident to the conduct of the business of the Association, including all licenses,
taxes and governmental charges levied or imposes against the property of the Association;
(c) to acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate,
maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal
property in connection with the affairs of the Association;
(d) to borrow money and to mortgage, pledge, grant a deed of trust or hypothecate any or all
of the real property of the Association as security for money borrowed or debts incurred, subject to the
property rights of the members of the Association;
(e) to dedicate, sell or transfer all or any part of the common areas of the planned community
to any public agency, authority or utility or other entity for such purposes and subject to such conditions
as may be agreed upon by the members of the Association; and
(f) to participate in mergers and consolidations with other nonprofit corporations organized
for the same purposes.
8. No Pecuniary Gain, The Association does not contemplate pecuniary gain or profit to its
members. Subject to N.C.G.S. § 47F-2-118, no part of the net earnings, gain or assets of the Association
may inure to the pecuniary benefit of or be distributable to its members, officers or directors,
9. ' Board of Directors. The affairs of the Association are to be managed by a board of directors of
no less than 3 individuals, who need not be members of the Association. The number of and manner of
electing directors and the operation of the board of directors of the Association shall be in accordance
with the bylaws of the Association. The initial board of directors of the Association is composed of the
following 3 individuals, who are to act in the capacity of directors until their successors are duly elected
and agree to serve:
Stephen H. Clark
C. Hardy Dail
Cheryle G. Cheek
10, Immunift No director of the Association shall be personally liable to the Association or its
members for monetary damages arising out of an action whether by or in the right of the Association or
otherwise for breach of any duty as a director; provided, however, that such immunity shall not apply
with respect to (i) acts or omissions that the director at the time of the breach knew or believed were
clearly in conflict with the best interests of the Association; (ii) any liability under N.C.G.S. §§ 55A-8-32
or 55A-8-33; or (iii) any transaction from which the director derived an improper personal financial
benefit. In addition, a person serving as an officer or director of the Association shall be immune fi-om
civil liability for monetary damages, except to the extent covered by insurance, for any act or failure to act
arising out of this service, except where the person (i) is compensated for services beyond reimbursement
for expenses; (ii) was not acting within the scope of his/her official duties; (iii) was not acting in good
faith; (iv) committed gross negligence or willful or wanton misconduct that resulted in the damage or
injury; (iv) derived an improper personal financial benefit from the transaction; (v) incurred the Iiability
from the operation of a motor vehicle; or (vi) is a defendant in an action brought under N.C.G.S. § 55A-8-
33. For purposes of this article 10, an "improper personal financial benefit" does not include a director's
Wafenvoy Cove RrOdes of fneorporaiion Page 2

C200925400123
reasonable compensation or other reasonable incidental benefit for or on account of such service as a
director, trustee, officer, employee, independent contractor, attorney, or consultant of the Association.
Neither the amendment nor repeal of this article 10, nor the adoption of any provision of these articles of
incorporation inconsistent with this article 10, shall eliminate or reduce the effect of this article 10 in
respect of any act or failure to act, or any cause of action, suit or claim that, but for this article 10, would
accrue or arise prior to any amendment, repeal or adoption of such an inconsistent provision. 'Should the
North Carolina Nonprofit Corporation Act be subsequently amended to provide for further limitations on
the personal liability of directors of nonprofit corporations for breaches of duty as a director, then the
personal liability of the directors of the Association shall be so further limited to the greatest extent
permitted by the North Carolina Nonprofit Corporation Act.
11. Indemnification, The Association shall indemnify and hold harmless each of the directors and
the officers of the Association to the greatest extent permitted by part 5 of article 8 of the North Carolina
Nonprofit Corporation Act or any successor or replacement statutes.
12. Dissolution. The Association may be dissolved with the agreement of Owners to which at least
80% of the votes in the Association are allocated. Upon dissolution, the board of directors shall adopt a
plan of dissolution in accordance with N.C.G.S. § 55A-14-03. Upon dissolution of the Association, a
dedication of the real estate then owned by the Association for public use and for purposes similar to
those to which they were required to be devoted by the Association shall be offered to the appropriate unit
of local government and the areas thus dedicated shall be conveyed to the local governmental unit. If the
local governmental unit refuses to accept such dedication and conveyance, such assets shall be granted
and conveyed in accordance with the plan of dissolution. In the event of dissolution, no member, director
or officer of the Association or any private individual shall be entitled to share in the distribution of the
assets of the Association except as provided in N.C.G.S. § 47F-2-1 IS.
13, Amendment of Articles of Incornoratlon. These articles of incorporation may be amended
consistent with the provisions of part 1 of article 10 of the North Carolina Nonprofit Corporation Act or
any successor or replacement statutes.
IN WITNESS WHEREOF, I, the undersigned incorporator, has executed these articles of
incorporation as of the 91k day of September, 2009.
,t-- S 1&f T�
Leven I. Reinhard
Incorporator
Materway Cow Articles gflnewporatton
Page 3

State of North Carolina
Department of the Secretary of State
SOSID: 1115527
Date Filed: 6/18/201411:36:00 AM
Effective: 7/19/2014
Elaine E Marshall
North Carolina Secretary of State
C2014 132 00686
STATEMENT OF RESIGNATION OF REGISTERED AGENT
Pursuant to §55D-32 of the General Statutes of North Carolina, the undersigned hereby submits the following statement:
1. 1, DAVE SWEYER, JIL (type or print name), hereby resign my appointment as registered agent for the following entity:
WATERWAY COVE HOMEOWNERS ASSOCIATION, INC.
Entity type: []Corporation, ❑Foreign Corporation, ®Nonprofit Corporation
❑Foreign Nonprofit Corporation, ❑Limited Liability Company,
[]Foreign Limited Liability Company, ❑Limited Partnership, ❑Foreign Limited Partnership,
❑Limited Liability Partnership, (]Foreign Limited Liability Partnership
2. The undersigned certifies that written notice of this resignation as registered agent of the entity has been mailed or delivered to the
entity as follows:
Name and Title of Individual PRIESTLEY MANAGEMENT COMPANY
Address 1213 CULSRETH DRIVE
City, State, Zip Code WILMINGTON, NC 28405
3. The registered office is to be discontinued, (check here X if applicable)
This the 3rd day of June, 2014
WATERWAY COVE HOMEOWNERS ASSOCIATION INC.
Oe of Entity
"- 1r
Signature V
DAVE SWEYER, JR.- REGISTERED AGENT
Type or Print Name and Title
NOTES
l . No filing fee. This document must be filed with the Secretary of State.
2. The appointment as registered agent is terminated, and the registered office is discontinued if so provided, on the 3? day after the date on which this statement is
filed.
CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622
(Revised January 2002) (Form BE-07)

This certift4�Vnr t :r�ere r^re no delinquent ad
valorem taxes, tees, assessments or other
• liens which the Brunswick County Tax
Collector is charged with o01 ectin , that are a
lien on: Parcel Number a 30C13 M.
as notated by the Brunswick County
Assessors Office. This is not a certification
that the parcel number matches the deed
descript' n.
I -_?/W �c -
Date (Assi) Tax Col. I Del. T pec.
res f _ Ret: qTw
•/,'��) TO Ff -lot.
Refund: . _ __Finance
ElPortionsotor..Qps- , �ndi6on
oioriginal
❑Dowulericonra,r, x-..._ ynginal
instrumerrtttaicanrMr„- t;;;i,„;u�x0or0ppjgd.
Revenue $ 0 (For Recording Data) Tax Parcel Identifier No.: 243NB03405 II II II II II III I III IIIIIIII III (IIII III 83234 ?234.000mmens
Brief Description for the Index: Lot 38, Ocean Isle Estates Brunswick County, NC Register of Deeds page t of 3
Prepared by: Steven I. Reinhard, Esq., Reinhard Tucceri, PLLC, 8340 Bandford Way, Suite 103,
Raleigh, NC 27615
After recording, return to: Steven I_ Reinhard; Esq., Reinhard Tucceri, PLLC, 8340 Bandford Way, Suite
103, Raleigh, NC 27615
NORTH CAROLINA GENERAL WARRANTY DEED
This Deed is made and delivered as of this the JO day of December, 2011, by and between
WATERBORO VILLAGE MANAGEMENT, LLC, a North Carolina limited liability company, with
an address of c/o Stephen H. Clark, 1125 Holt Road, Apex, North Carolina 27523 ("Grantor"); and
STEPHEN H. CLARK and spouse, MARY LOUISE CLARK (collectively, "Grantee"), with a
mailing address of 1125 Holt Road, Apex, North Carolina 27523.
For valuable consideration paid by the Grantee to the Grantor, the receipt and sufficiency of
which is hereby acknowledged, the Grantor has and by these presents does hereby grant, bargain, sell and
convey unto the Grantee in fee simple absolute all of that certain lot or parcel of land, together with all
buildings and other improvements thereon (collectively, the "Premises") located in Brunswick County,
North Carolina and more particularly described on exhibit A attached hereto.
The property conveyed hereby was acquired by Grantor by deed recorded in Book 2896, Page
959, Brunswick County Registry.
TO HAVE AND TO HOLD the Premises and all privileges and appurtenances thereto
belonging to the Grantee in fee simple absolute.
And the Grantor covenants with the Grantee that Grantor is seized of the Premises in fee simple
absolute, has the right to convey the same 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:
1. ad valorem taxes;
2. restrictions contained in deed recorded in Book 357, Page 460, Brunswick County Registry;
3. matters shown on plat recorded in Map Cabinet H at Page 306, Brunswick County Registry;
4. rights of others in and to that portion of the Property designated as swamp/marshland;
5. title to that portion of the Property lying below the mean high water mark of the Atlantic
Intracoastal Waterway; and
6. other easements, restrictions and matters of record.
Deed to Clark — English Lot

II III II I III II I f I IllIIII 11111 Jill III 13234 P1122 m101-31-2012
2 33 34.00
e da M. CieBrunswick County, NC Register of Deeds page 2 of 3
PROP
The property conveyed hereby does not include the primary residence of Grantor.
The designation of the Grantor and the Grantee as used in this Deed includes the parties expressly
named herein, their heirs, successors, and assigns and shall include the singular, plural, masculine,
feminine or neuter as required by context.
IN WITNESS WHEREOF, the Grantor has executed this Deed by its duly authorized manager, as
of the day and year first above written.
WATERBORO VILLAGE MANAGEMENT, LLC
a North Carolina limited liability company
By:
Stephen H. Clark, manager
STATE OF NORTH CAROLINA
COUNTY OF W p�10
I certify that the following person(s) personally appeared before me this day, each acknowledging
to me that he or she signed the foregoing document:
Stephen H. Clark, manager of Waterboro Village Management, I.LC
Witness my hand and official stamp or seal, this the 76�day of December, 2011•
My Commission Expires:S�'T _�)5^� 201j_
Notary Pu .ic _
[notary seal] �.••�� R13H�"�'•r,, Name:�?�r:115i1 i0— AE INotaryPublic
• :sue'%
' N 071141
. AG$LIG �r * cat/�rfY,'t4. ,
Deed to Clark - English Lot Page 2

IIIIIIIIIIIIIIIIIIIIIIIIII III fill IIII 13234 P1123 2?33:34 PR0
OP
Brunswick County, NC Register of Deeds page 3 oonsf 3
EXHIBIT A
BEGINNING at an iron pipe in the east right-of-way line of Waterway Drive, this beginning point being
located the following courses and distances as measured from a point in the center line of N.C. State
Highway #904, where it would be intersected by the center line of County Road #1159, thence from this
point in the center line of State Road #904 South 62' 45' West 359.95 feet to a point, thence South 820
20' West 476.21 feet to a point, thence South 89' 09' West 295 a8 feet to a point, thence South 89' 09'
West 1343.77 feet to a point, thence South 00' 59' East 2015.00 feet to an iron pipe, thence South 85° 56'
East 625.29 feet to an iron pipe, thence North 85' 23' East 572.58 feet to an iron pipe, thence North 04'
37' West 80 feet to the point of BEGINNING; thence from this beginning point South 04° 37' East 80
feet to an iron pipe; thence South 01 ° 43' West 149.63 feet to an iron pipe at the highwater mark of the
Intracoastal Waterway; thence South 72' 48' East 149.70 feet to an iron pipe; thence; thence North 01'
26' East 287.57 feet to an iron pipe in the run of Little Field Slough; thence South 85' 23' West 152.16
feet to the point of BEGINNING, and being all of Lot Number 38 as shown on that map of an addition to
Ocean Isle Estates as surveyed by Jan K. Dale on December 17, 1975, recorded in Map Cabinet H at Page
306.
Deed to Clark - English Lot

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THE BYLAWS
OF
WATERWAY COVE HOMEOWNERS ASSOCIATION, INC.
ARTICLE I
NAME AND LOCATION
The name of the corporation is Waterway Cove Homeowners Association, Inc.,
hereinafter referred to as the "Association". The principal office of the Association shall be
located at 1009 Slater Road Suite 400, Durham, NC 27703 and meetings of members and
directors may be held at such places as may be designated by the Board of Directors.
ARTICLE II
DEFINITIONS
Capitalized terms used but not otherwise defined herein shall have the meaning ascribed
thereto in the Declaration of Covenants, Conditions and Restrictions for Waterboro Village
recorded in Map Cabinet 65, Pages 18-25 in the Brunswick County, North Carolina Register of
Deeds' office (as the same may be amended from time to time, the "Declaration").
ARTICLE III
ADMINISTRATION OF WATERBORO VILLAGE
Section 1. Authority and Respongibility. Except as otherwise specifically provided in
the Declaration, the Association shall be responsible for administering, operating and managing
the Common Areas.
Section 2. Official Action. Unless specifically required by the Declaration, any
action taken or to be taken by the Association shall be valid when such action is approved by the
.Board of Directors or when taken by the committee, person or entity to whom such authority has
been duly delegated by the Board of Directors pursuant to the Declaration or these Bylaws. The
Association and the Board of Directors, officers and Members shall at all times act in conformity
with the North Carolina Nonprofit Corporation Act (the "Act") as set forth in Chapter 55A of the
North Carolina General Statutes, and the Declaration, except as otherwise required under the
North Carolina Planned Community Act.
ARTICLE IV
OFFICES
Section 1. Registered Office. The initial registered office of the Association shall be
located at 1009 Slater Road Suite 400, Durham, NC 27703.
Section 2. Principal Office. The initial principal office of the Association shall be
located at 1009 Slater Road Suite 400, Durham, NC 27703. Wow � w
JAN
BY•

Section 3. Other Offices. The Association may have other offices at such other places
as the Board of Directors may from time to time determine or as the affairs of the Association
may require.
ARTICLE V
MEMBERSHIP
Membership in the Association ("Membership") shall be limited to the Owners and every
Owner of a Lot or Dwelling shall automatically be a member (a "Member") of the Association.
Membership in the Association shall be appurtenant to and may not be separated from Lot or
Dwelling ownership. Membership in the Association shall inure automatically to an Owner upon
acquisition of fee simple title (whether encumbered or not) to any one or more Lots or
Dwellings. The date of recordation in the Register of Deed's office of Brunswick County of the
deed of conveyance to the Lot or Dwelling in question shall govern and determine the date of
ownership of each particular Lot or Dwelling. However, in the event of an Owner's death, the
transfer of ownership shall occur on the date of death, in the case of intestacy, or on the date of
probate of the will, in the case of testacy. Until a decedent's will is probated, the Association
may rely on the presumption that a deceased Owner died intestate.
ARTICLE VI
MEETINGS OF MEMBERS AND VOTING RIGHTS
Section 1. Annual Meetings. A meeting of the Members shall be held at least once
each year (an "Annual Meeting"). The first Annual Meeting of the Members shall be held on the
date and hour designated by Declarant. Thereafter, the Annual Meeting shall be set by the Board
of Directors and held on a business day in January of each year at 8:00 p.m., Eastern Standard
Time. At Annual Meetings, the Board of Directors shall be elected in accordance with these
Bylaws, and the Members shall transact such other business as may properly come before them.
Section 2. Substitute Annual Meetings. If an Annual Meeting shall not be held on the
day designated by these Bylaws, a substitute Annual Meeting (a "Substitute Annual Meeting")
may be called in accordance with the provisions of Sections 3 and 4 below. A meeting so called
shall be designated and treated for all purposes as the Annual Meeting.
Section 3. Special Meetings. After the first Annual Meeting of the Members, special
meetings of the Members ("Special Meetings") may be called at any time by the President of the
Association, by a majority vote of the Board of Directors, or upon written request to the
Association's Secretary by Members entitled to at least ten percent (10%) of the votes of the
Membership describing the purpose or purposes for which the Special Meeting is to be held.
Business to be acted upon at any Special Meeting shall be confined to the subjects stated in the
notice of such meeting.
Section 4. Notices of Meetings. Written or printed notice stating the time and place
of all Membership meetings, including Annual Meetings and Special Meetings, shall be
delivered not less than ten (10) nor more than sixty (60) days before the date of any such
meeting, either personally or by first class or registered mail, to the address of each Lot or
CHARZ704166_ 1 2

Dwelling or to such other mailing address designated in writing by the Owner of the Lot or
Dwelling. It shall be the primary responsibility of the Secretary of the Association to give the
notice, but notice may be given by any other officer. If mailed, such notice shall be deemed to
be effective when deposited in the United States mail with postage thereon prepaid, correctly
addressed to the Member's address shown in the Association's current record of Members.
The notice of a Membership meeting shall specifically state the time, date, and place of
the meeting and the items on the agenda, including the general nature of any proposed
amendment to the Articles of Incorporation of the Association (the "Articles of Incorporation"),
the Declaration or these Bylaws, any budget changes, any proposal to remove a Director or
officer, and, to the extent required by the Act, any proposal to approve transactions involving any
conflict of interest with a Director, any proposal with respect to indemnification of officers,
employees, or agents, any amendment of the Articles of Incorporation by Directors or Members,
any amendment of the Bylaws by Directors or Members, any proposal to approve Articles of
Merger, any proposal to approve a sale of assets other than in the regular course of the
Association's activities, and any proposal to approve a dissolution of the Association.
ection 5. Quorum. Unless otherwise provided herein, in the Declaration, the
Articles of Incorporation, or the North Carolina Planned Community Act or the North Carolina
Nonprofit Corporation Act, the presence of Members representing ten percent (10%) of the votes
of all Members, in person or by proxy, shall constitute a quorum for the transaction of business.
The Members present at a duly called or held meeting at which a quorum of ten percent (10%) of
the votes of all Members is present may continue to do business until adjournment, and any
action taken shall be approved by a majority of the Members required to constitute such quorum.
If the required quorum is not present that meeting may be adjourned and another meeting called,
not less than ten (!0) nor more than sixty (60) days following the adjourned meeting, upon the
affirmative vote of a majority of those present in person or by proxy. The quorum requirement at
the next meeting shall be one-half of the quorum requirement applicable to the meeting
adjourned for lack of a quorum. This provision shall continue to reduce the quorum by fifty
percent (50%) from that required at the previous meeting, as previously reduced, until such time
as a quorum is present and business can be conducted. Unless otherwise provided, any reference
hereafter to "votes" being cast at a duly called meeting shall be construed to be subject to the
quorum requirements established by this Section 5. If a time and place for the adjourned
meeting is not fixed by those in attendance at the original meeting or if for any reason a new date
is fixed for the adjourned meeting after adjournment, notice of the time and place of the
adjourned meeting shall be given to Members in the manner prescribed in Section 4 immediately
above.
Section d. Voting Rights, The voting rights of the Membership shall be appurtenant
to the ownership of the Lot or Dwelling s. There shall be two classes of Lot or Dwelling s with
respect to voting rights:
(a) Class A Members. Class A Members shall be all Owners excepting the Declarant.
Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interest
required for membership by Section, I above. 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
CHAR21704166_ 1 3

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 the Declarant, such
purchaser automatically becomes a Class A Member.
(b) Class B Home Sites. The sole Class B Member shall be the 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:
(i) The date on which the Declarant no longer owns any part of the entire
Subdivision (including Common Areas); or
(ii) (b) Fifteen (15) years following the date of recordation of this
Declaration; or
(ii) At such time as Declarant, in its sole discretion, voluntarily relinquishes
Class B Member status in writing.
From and after the happening of whichever of said events which occurs earlier, the Class
"B" Member shall be deemed to be a Class "A" Member and 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 in the
Declaration as the "Turnover Date".
Section 7. Voting Referendum: Written Ballots. Any vote of Members on a matter
that would be cast at an annual, regular or special meeting may be taken, without a meeting, by
written ballot delivered to every Member by the Association. The ballot shall set forth the matter
to be voted upon and provide thereon a place to vote for or against such matter. Approval by
written ballot without a meeting shall be effective only when the number of votes cast by ballot
equals or exceeds the quorum required to be present had the matter been considered at a meeting,
and the number voting for the matter equals or exceeds the number of votes required to approve
it had the matter been considered at a meeting at which the requisite quorum is present. A
solicitation of votes by ballot shall (i) indicate the record date for Members eligible to vote; (ii)
indicate the number of returned ballots voting for or against the matter that is required to satisfy
the quorum requirement; (iii) state the required number of votes or percentage voting in favor of
the matter required to approve it (except in the case of election of directors, which shall be by
plurality); and (iv) state the date and time by which a Member's completed ballot must be
received by the Secretary in order to be counted in the vote to be taken. A ballot, once delivered
to the Secretary, may not be revoked. A Member's signed ballot shall be delivered to the
Secretary by hand delivery, by U.S. mail, or by such other means as shall be permitted under
North Carolina law, including, but not limited to and if allowed, overnight courier service,
facsimile and e-mail transmission, internet form submission, or by any other technology or
medium, now existing or hereafter devised, provided in every such case the sender retains proof
of transmission and receipt.
Section S. PLo_xits. Each member may vote either in person or by an agent duly
authorized by a written proxy executed by the Member or by the Member's duly authorized
CHAR2\704166,_ 1 4

attorney -in -fact. A proxy is not valid after the earlier of (i) the earlier of the term stated therein
or three (3) years or (ii) the expiration of eleven (11) months after the date of its execution.
Unless a proxy otherwise provides, any proxy holder may appoint in writing a substitute to act in
his place. In order to be effective, all proxies must be filed with the Secretary of the Association
(or duly acting Secretary) either during or prior to the meeting in question. Every proxy shall be
revocable and shall automatically cease upon conveyance by the Member of his Lot or Dwelling.
A Member may not revoke a proxy given pursuant to this Section except by (i) attending the
meeting and voting in person; (ii) delivering a subsequent proxy; or (iii) written notice of
revocation delivered to the Secretary of the Association.
Section 9. Majority Vote. 'I`he casting of a majority of the votes represented at a
meeting at which a quorum is present, in person or by proxy, shall be binding for all purposes
except where a different percentage vote is stipulated by the North Carolina Planned Community
Act, the Act, these Bylaws, the Declaration or the Articles of incorporation.
Section 10. Actions Without Meeting. Any action that the Members could take at a
meeting may be taken without a meeting if one or more written consents, setting forth the action
taken, shall be signed, before or after such action, by all the Members who would be entitled to
vote upon the action at a meeting. The consent shall be delivered to the Secretary of the
Association for inclusion in the minutes or filing with the Association's records.
ARTICLE VII
BOARD OF DIRECTORS
Section 1. General Powers. The business and affairs of the Association shall be
managed by the Board of Directors or by such committees as the Board of Directors may
establish pursuant to these Bylaws; provided, however, the Board of Directors may not act on
behalf of the Association to amend the Declaration, to elect Directors or to determine the
qualifications, powers, duties or tenns of office of the Directors. The Board of Directors may,
however, fill vacancies in its membership for the unexpired portion of any term.
Section 2. Number, Term and Qualifications. The initial Board of Directors shall
consist of the three (3) individuals appointed by the incorporator and named in the Articles of
Incorporation, which initial Board of Directors shall then complete the organization of the
Association as provided by law. The initial Board of Directors shall serve until their successors
are elected at the first Annual Meeting. At the first and each subsequent Annual Meeting, the
Members shall elect three (3) Directors, each to serve for a term of one (1) year or until his
death, retirement, removal, disqualification or until his successor is elected and qualified.
Directors may succeed themselves in office. At such times as Declarant no longer has the right
to appoint or remove Directors as provided in Section 4 of this Article, a majority of the
Directors must be Owners or Lots or Dwellings. The minimum number of Directors shall be
three (3).
Section 3. Election of Directors. The election of Directors shall be by ballot. Persons
receiving the highest number of votes shall be elected. Cumulative voting is not permitted.
CHAIM704166 1

Section 4. Declarant's Right to Appoint or Remove Directors. Notwithstanding
anything set forth herein to the contrary, Declarant shall have the right to appoint or remove by
written notice to the Board of Directors any member or members of the Board of Directors until
such time as the first of the following events occurs:
(a) Class B Membership ceases to exist;
(b) Declarant surrenders the authority to appoint and remove members of the Board
of Directors and officers of the Association by an express amendment to this Declaration
executed and recorded by Declarant; or
(c) Fifteen (15) years following the date of recordation of this Declaration.
Section 5. Removal. Any Director not appointed by Declarant may be removed from
the Board of Directors, with or without cause, by a vote of a majority of the votes entitled to be
cast by all Members present and entitled to vote at any meeting of the Membership at which a
quorum is present; provided, however, that the notice of the meeting must state that the question
of such removal will be acted upon at the meeting. If any Directors are so removed, their
successors as Directors may be elected by the Membership at the same meeting to fill the
unexpired terms of the Directors removed.
Section 6. Vacancies. A vacancy occurring in the Board of Directors may be filled by
a majority of the remaining Directors, though less than a quorum, or by the sole remaining
Director; but a vacancy created by an increase in the authorized number of Directors shall be
filled only by election at an Annual Meeting or Substitute Annual Meeting or at a Special
Meeting of Members called for that purpose or by unanimous written consent of the Members
without meeting. The Members may elect a Director at any time to fill any vacancy not tilled by
the Board of Directors. The Membership shall have the first right to fill any vacancy created by
the Membership's removal of a Director.
Section 7. Chaisson. The Directors shall elect, from time to time, a Director to
serve as chairperson of the Board of Directors (the "Chairperson"). The Chairperson shall
preside at all meetings of the Board of Directors and perform such other duties as may be
directed by the Board of Directors. Prior to election of a Chairperson and/or in the event that the
Chairperson is not present at any meeting of the Board of Directors, the President of the
Association shall preside.
Section 8. Compensation. No member of the Board of Directors shall receive any
compensation from the Association for acting as such; provided, however, each Director shall be
reimbursed for reasonable out-of-pocket expenses incurred and paid by him on behalf of the
Association, and nothing herein shall prohibit the Board of Directors from compensating a
Director on the basis of quantum meruit for unusual and extraordinary services rendered.
Furthermore, each Director, by assuming office, waives his right to institute suit against or make
claims upon the Association for compensation based upon quantum meruit.
Section 9. Loans to Directors and Officers. No loans shall be made by the
Association to its Directors or officers.
CHARM041661

Section 10. Liability of Directors. To the extent permitted by the provisions of the Act
in effect at the applicable time, each Director shall be indemnified by the Association to the
fullest extent allowed by law, subject to the provisions of Part 5 of the Act with respect to any
liability and expense of litigation arising out of his activities as a Director. Such indemnity shall
be subject to approval by the Members only when such approval is required by the Act.
Suction I I . Meetings of the Board of Directors.
(a) Regular Meeting. Regular meetings of the Board of Directors shall be held,
without notice, at such hour and address as may be fixed from time to time by resolution of the
Board of Directors. Should any such meeting fall upon a legal holiday, then that meeting shall
be held at the same hour and address on the next day that is not a legal holiday.
(b) Special Meetings. Special meetings of the Board of Directors shall be held when
called by the President of the Association or by any Director after not less than three (3) days or
more than thirty (30) days written notice to each Director.
(c) Notices of Special Meetings. The notice provided for herein may be waived by
written instrument signed by those Directors who do not receive said notice. Except to the extent
otherwise required by law, the purpose of a Directors' special meeting need not be stated in the
notice. Notices shall be deemed received upon the happening of any one of the following events:
(1) one day following deposit of same in the United States mail with proper postage paid and
addressed to the Director at his last known address on file with the Association; (2) deposit of
same in his Dwelling mail box; or (3) personal delivery to the Director. Attendance by a
Director at a meeting shall constitute a waiver of notice of such meeting unless the subject
Director gives a written statement at the meeting to the person presiding objecting to the
transaction of any business because the meeting is not lawfully called and gives such notice prior
to the vote on any resolution.
(d) Approved Meeting Place. All Board of Directors meetings shall be held in such
place as designated by the Board of Directors.
(e) Quorum. A majority of the Directors then holding office shall constitute a quorum
for the transaction of business, and every act or decision done or made by a majority of the
Directors present at a duly held meeting at which a quorum is present shall be regarded as the act
or decision of the Board of Directors.
Section 12. Action Without Meeting. The Directors shall have the right to take any
action in the absence of a meeting that they could take at a meeting by obtaining the written
approval of all the Directors. Any action so approved shall have the same effect as though taken
at a meeting of the Board of Directors. Said written approval shall be filed with the minutes of
the proceedings of the Board of Directors, whether done before or after the action so taken.
Section 13. Presumption of Assent. A Director who is present at a meeting of the
Board of Directors at which action on any corporate matter is taken shall be presumed to have
CHAR2\704166_ 1 7

assented to the action taken unless his contrary vote is recorded or his dissent is otherwise
entered in the minutes of the meeting or unless he shall File his written dissent to such action with
the person acting as the secretary of the meeting before the adjournment thereof or shall forward
such dissent by registered mail to the Secretary of the Association immediately after the
adjournment of the meeting. Such right to dissent shall not apply to a Director who voted in
favor of such action.
Section 14. Powers and Duties. The Board of Directors shall have the authority to
exercise, in accordance with the provisions of the Act, all powers and duties of the Association
necessary for the administration of the affairs of the Common Areas except such powers and
duties as by law or by the Declaration may not be delegated by the Owners to the Board of
Directors. The powers and duties to be exercised by the Board of Directors shall include, but
shall not be limited to, the following:
(a) Maintaining all trails or paths in the Common Areas in a reasonably passable
condition, free from fallen trees, undergrowth, and other obstructions, and to keep dead, diseased
or decaying trees, shrubs and bushes removed from such areas and to replace such items with
new trees, shrubs and bushes.
(b) Maintaining all Common Areas in accordance with the standards established for
such private facilities.
(c) Keeping all Common Areas clean and free from refuse and debris and
maintaining any other amenities in a clean and orderly condition and maintaining the
landscaping therein in good condition and appearance including any necessary removal and
replacement of landscaping.
(d) Paying all a� valorem taxes levied against the Common Areas and any other
property owned by the Association.
(e) Paying all taxes and assessments that are or may become liens against any part of
Waterboro Village, other than a Lot or Dwelling (for which individual Members shall be
responsible), and assessing the same against the Owners in the manner provided in the
Declaration and these Bylaws.
(f) Maintaining and paying the premiums on all insurance carried by the Association.
(g) Paying legal, management, accounting and other professional fees incurred by the
Association in carrying out its duties as set forth herein or in the Declaration.
(h) Maintaining the signs and landscaping in any Common Areas.
(i) Maintaining all Designated Maintenance Items.
0) As more fully provided in the Declaration:
CHAIM704166_ 1 8

(i) Each year, fixing the amount of the Annual Assessment against each Lot
or Dwelling as provided in the Declaration;
(ii) Sending written notice of each assessment to every Owner as provided in
the Declaration; and
(iii) Foreclosing a lien against any Lot or Dwelling for which assessments are
not paid within thirty (30) days after the due date or bringing an action at law against the
Owner obligated to pay the same.
(k) Enforcing, on behalf of the Association, the assessments as provided in the
Declaration, including, but not limited to, the institution of civil actions to enforce payment of
the assessments as provided in the Declaration, the imposition of charges for late payment of
assessments, and, after notice and an opportunity to be heard, levying reasonable fines not to
exceed One Hundred Fifty and No/100 (V 50.00) Dollars for each violation of the Declaration
and these Bylaws.
(1) Suspending the voting rights of a Member and right to use of Common Areas
during any period in which such Member shall be in default in the payment of any assessment
levied by the Association pursuant to the provisions of the Declaration. Such Member's rights
may also be suspended after notice and hearing for a period not to exceed sixty (60) days for
infraction of published rules and regulations.
(m) Providing such maintenance in addition to that provided by the applicable
governmental authorities with respect to public streets located within the Property .as the
Association shall deem appropriate, including the clearance of storra drainage inlets to remove
debris.
(n) Paying for the cost of street light lease charges, if any, for street lights located
within public right-of-ways within the Property.
(o) Declaring the office of a member of the Board of Directors to be vacant in the
event such member shall be absent from three (3) consecutive regular meetings of the Board of
Directors without good cause.
(p) Adopting and publishing rules and regulations governing the use of the Common
Areas and facilities and the personal conduct of the Members and their guests thereon and to
establish penalties for the infraction thereof.
(y) Employing and dismissing personnel, including, without limitation, the
Independent Manager (as hereinafter defined), necessary for the efficient operation,
maintenance, repair and replacement of the Common Areas.
(r) Opening of bank accounts on behalf of the Association and designating the
signatories required therefor.
C:HARZ704166_ 1 9

(s) Keeping detailed, accurate records of the receipts and expenditures of the
Association; obtaining annual audits of the financial records of the Association from the
Association's public accountant; furnishing the annual reports; and furnishing current budgets.
All books and records shall be kept in accordance with good and accepted accounting practices,
and the same shall be available for examination by all Owners or their duly authorized agents or
attorneys at convenient hours on business days.
(t) Keeping a complete record of the minutes of all meetings of the Board of
Directors and the Membership in which minute book shall be inserted actions taken by the Board
of Directors and/or Members by consent without meeting.
(u) Supervising all officers, agents and employees of the Association and ensuring
that their duties are properly performed.
(v) Making repairs, additions and improvements to or alterations or restoration of the
Property in accordance with the provisions of these Bylaws and the Declaration after damage or
destruction by fire or other casualty or as a result of a condemnation or eminent domain
proceeding.
(w) Signing all agreements, contracts, deeds and vouchers for payment of
expenditures and other instruments in such manner as from time to time shall be determined by
written resolution of the Board of Directors. In the absence of such determination by the Board
of Directors, such documents shall be signed by either the Treasurer or the Assistant'Treasurer of
the Association and countersigned by a Director.
(x) Exercising any other powers and duties reserved to the Association exercisable by
the Board of Directors in the Declaration, the Articles of Incorporation, or these Bylaws,
excluding, however, those powers specifically denied to the Board of Directors herein.
Section 15. Independent Manager. The Board of Directors may employ or enter into a
management contract with any individual, firm or entity it deems appropriate and in the best
interest of the Association concerning; the routine management of the Common Areas. The
Board of Directors may delegate to such person, firm or entity (referred to in these Bylaws as,
the "Independent Manager") such duties and responsibilities in the management of the Common
Areas as the Board of Directors deems appropriate; provided, however, that the Board of
Directors may not delegate to the Independent Manager the complete and total responsibilities
and duties of the Association in violation of the Act. The Independent Manager's contract shall
be for a term not to exceed one (1) year, renewable by agreement between the Board of Directors
and such Independent Manager for successive terms not to exceed one (1) year each, and shaft be
terminable by written notice. The Board of Directors shall have authority to fix the reasonable
compensation for the Independent Manager. The Independent Manager shall at all times be
answerable to the Board of Directors and subject to its direction.
CHAR2\704166_ 1 10

ARTICLE 'VIII
COMMITTEES
Section 1. Creation. The Board of Directors, by resolutions adopted by a majority of
the Directors then holding office, may create such committees as it deems necessary and
appropriate in aiding the Board of Directors to carry out its duties and responsibilities with
respect to the management of the Common Areas. Each committee so created shall have such
authority and responsibilities as the Directors deem appropriate and as set forth in the resolutions
creating such committee. The Board of Directors shall elect the members of each such
committee; ibp vided, however, that each committee shall have in its membership at least one (1)
Director.
Section 2. Vacancy. Any vacancy occurring on a committee shall by filled by the
vote of a majority of the Directors then holding office at a regular or special meeting of the
Board of Directors.
Section 3. Removal. Any member of a committee may be removed at any time with
or without cause by a majority vote of the Directors then holding office.
Section 4. Minutes. Each committee shall keep regular minutes of its proceedings
and report the sarne to the Board of Directors when required.
Section S. Responsibility of Directors. The designation of committees and the
delegation thereto of authority shall not operate to relieve the Board of Directors or any Director
of any responsibility or liability imposed upon it or him by law.
If action taken by a committee is not thereafter formally considered by the Board of
Directors, a Director may dissent from such action by filing his written objection with the
Secretary of the Association with reasonable promptness after learning of such action.
ARTICLE IX
OFFICERS
Section 1. Enumeration of Officers. The officers of the Association shall consist of a
President, a Secretary, a Treasurer and such Vice Presidents, Assistant Secretaries, Assistant
Treasurers and other officers as the Board of Directors may from time to time elect. Except for
the President, who must also be a Director, no officer need be a member of the Board of
Directors.
Section 2. EIection and Term. The officers of the Association shall be elected
annually by the Board of Directors. Such elections shall be held at the first meeting of the Board
of Directors next following the Annual Meeting or Substitute Annual Meeting of the Members.
Each officer shall hold office until his death, resignation or removal or until his successor is
elected and qualified.
CHARM04 ieb_ r l l

Section 3. Declarant's Right to Appoint or Remove. Officers. Notwithstanding
anything set forth herein to the contrary, Declarant shall have the right to appoint or remove by
written notice to the Board of Directors any officer or officers of the Association until such time
as the first of the following events occurs:
(a) Class B Membership ceases to exist;
(b) Declarant surrenders the authority to appoint and remove members of the Board
of Directors and officers of the Association by an express amendment to this Declaration
executed and recorded by Declarant; or
(c) Fifteen (15) years from the date of recordation of these Declaration.
Section 4. Removal. Any officer elected or appointed by the Board of Directors may
be removed by the Board of Directors whenever in its judgment the best interest of the
Association will be served thereby.
Section 5. Vacancy. A vacancy in any office may be filled by the election by the
Board of Directors of a successor to such office. Such election may be held at any meeting of
the Board of Directors. The officer elected to fill such vacancy shall serve for the remaining
term of the officer lie replaces.
Section 6. Multiple Offices. The person holding the office of President shall not also
hold the office of Secretary or Treasurer at the same time. Any other offices may be
simultaneously held by one person. Any officer may also be a member of the Board of
Directors.
Section 7. President. The President shall be the chief executive officer of the
Association and shall preside at all meetings of the Members. In the absence of an elected
Chairperson, he shall also preside at all meetings of the Board of Directors. He shall see that the
orders and resolutions of the Board of Directors are carried out; he shall sign all written
instruments regarding the Common Areas and co-sign all promissory notes of the Association, if
any, together with the Treasurer; he shall prepare, execute, certify and record amendments to the
Declaration on behalf of the Association; and lie shall have all of the general powers and duties
which are incident to the office of president of a corporation organized under the North Carolina
General Statutes.
Section 8. Vice Presidents. The Vice Presidents in the order of their election, unless
otherwise determined by the Board of Directors, shall in the absence or disability of the
President, perform the duties and exercise the powers of that office. In addition, they shall
perform such other duties and have such other powers as the Board of Directors shall prescribe.
Section 9. SecretaIy. The Secretary shall keep the minutes of all meetings of
Members and of the Board of Directors; he shall have charge of such books and papers as the
CHAUX744146. 1 12

Board of Directors may direct; and he shall, in general, perform all duties incident to the office
of secretary of a corporation organized under the North Carolina General Statutes.
Section 10. Treasurer. The Treasurer shall be responsible for the Association's funds
and securities, for keeping full and accurate financial records and books of account showing all
receipts and disbursements and for the preparation of all required financial statements. lie shall
co-sign promissory notes of the Association, if any, together with the President; he shall prepare
a proposed budget (to be approved by the Board of Directors) and the other reports to be
furnished to the Members as required in the Declaration. He shall perform all duties incident to
the office of treasurer of a corporation organized under the North Carolina General Statutes.
Section 11. Assistant Secretaries and Assistant Treasurers. The Assistant Secretaries
and the Assistant Treasurers shall, in the absence or disability of the Secretary or Treasurer,
respectively, perform the duties and exercise the powers of those offices, and they shall, in
general, perform such other duties as shall be assigned to them by the Secretary or the Treasurer,
respectively, or by the President or the Board of Directors.
Section 12. Compensation. Officers shall not be compensated on a regular basis for
the usual and ordinary services rendered to the Association incident to the offices held by such
officers. The Board of Directors may, however, compensate any officer or officers who render
unusual and extraordinary services to the Association beyond that called for to be rendered by
such person or persons on a regular basis. Each officer, by assuming office, waives his right to
institute suit against or make claim upon the Association for compensation based upon quantum
meruit.
Section 13. Indemnification. To the extent permitted by the provisions of the Act in
effect at the applicable times, each officer may be indemnified by the Association with respect to
any liability and expense of litigation arising out of his activities as an officer. Such indemnity
shall be subject to approval by the Members only when such approval is required by the Act.
ARTICLE. X
BUDGET
The Association budget and assessments shall be set as provided in Article V11, Section
2(a) and 2(b) of the Declaration.
ARTICLE XI
AMENDMENTS
These Bylaws may be amended or repealed and new bylaws may be adopted by the
affirmative vote of a majority of the entire Board of Directors at any annual, regular or special
meeting of the Board of Directors; and by a majority of the Members present at any meeting at
which a quorum is present, provided that a notice of the meeting shall have been given which
states that the purpose or one of the purposes of the meeting is to consider a proposed
amendment to the Bylaws and includes a copy or summary of the proposed amendment or states
the general nature of the amendment. Such notice may be waived as provided in these Bylaws.
CHAIM704166_ 1 13

Until the Class B Memberships ceases to exist, the United States Department of Housing and
Urban Development and the United States Department of Veterans Affairs shall have veto power
over any amendment to the Bylaws. A copy of the amendment attested as correct by the
Secretary or any Assistant Secretary of the Association shall be recorded in the Register of
Deed's office of Brunswick County, North Carolina, Notwithstanding the foregoing, where a
larger vote of the Membership is required for the Association to take or refrain from taking a
specific action, as set forth in the Declaration or these Bylaws, no amendment of these Bylaws
with respect to the vote required to take or refrain from taking such action shall be made unless
and until the Owners holding such larger percentage of the vote of the Membership approves
said amendment. All persons or entities that own or hereafter acquire any interest in the Property
shall be bound to abide by any amendment to these Bylaws that is duly approved and a copy
thereof recorded as provided herein. No amendment to these Bylaws shall be adopted or passed
which shall impair or prejudice the rights and priorities of any holder of a first mortgage on any
Lot or Dwelling, without the consent of such lien holder. Notwithstanding anything to the
contrary set forth herein so long as Declarant owns any one (1) Lot or Dwelling, neither these
Bylaws nor the Declaration may be amended without its written consent.
ARTICLE XII
MISCELLANEOUS
Section 1. Severability. Invalidation of any covenant, condition, restriction or other
provisions of the Declaration or these Bylaws shall not affect the validity of the remaining
portions thereof or hereof which shall remain in full force and effect.
Section 2. Successors Bound. The rights, privileges, duties and responsibilities set
forth in the Declaration, as amended from time to time, shall run with the ownership of the
Property and shall be binding upon all persons who own or hereafter acquire any interest in the
Property.
Section 3. Gender. Singular, Plural. Whenever the context so permits, the use of the
singular or plural shall he interchangeable in meaning, and the use of any gender shall be deemed
to include either gender,
Section 4. Conflict. In the case of any conflict between the Articles of Incorporation
and these Bylaws, the Articles shall control; and in the case of any conflict between the
Declaration and these Bylaws, the Declaration shall control.
Section 5. Nonprofit Corporation. No part of the Association's assets or net income
shall inure to the benefit of any of the Members, the officers of the Association, the Directors or
any other private individual either during its existence or upon dissolution, except as reasonable
compensation paid or distributions made in carrying out its declared nonprofit purposes as set
forth in the Articles of Incorporation and these Bylaws.
Section 6. Fiscal Year, The fiscal year of the Association shall begin on the first day
of January and end on the 31 st day of December of every year, except that the first fiscal year
shall begin on the date of incorporation.
CHARZ704i66-.' 14

M
Section 7. AttorneM' Fees. To the extent permitted by the Act in any action to enforce
the provisions of the Declaration, the Articles, these Bylaws or the rules and regulations duly
adopted by the Association, the court may award reasonable attorneys' fees to the prevailing
party.
ARTICLE XIII
INDEMNIFICATION OF OFFICERS AND DIRECTORS
The Association shall indemnify any person who may serve or who has served at any
time as a Director or officer of the Association against any and all expenses, including amounts
paid upon judgments, counsel fees and amounts paid in settlement (before or after suit is
commenced), actually and necessarily incurred by such person in connection with the defense or
settlement of any claim, action, suit or proceeding in which such person is made a party, which
may be asserted against such person by reason of being or having been a Director or officer of
the Association, except in relation to matters as to which such person shall be adjudged in any
action, suit or proceeding guilty of willful and intentional negligence or misconduct in the
performance of his or her duties to the Association; provided, however, that in the event of a
settlement, the indemnification herein shall apply only when the Board of Directors approves
such settlement and reimbursement as being in the best interest of the Association.
The provisions hereof shall be in addition to and not exclusive of any and all other rights
to which any Director or officer may otherwise be entitled under any law, these Bylaws,
agreement, vote of Members or otherwise. In the event of the death of any officer or Director,
the provisions hereof shall extend to such person's legal heirs, representatives, successors and
assigns. The foregoing rights shall be available whether or not such person or persons were in
fact Directors or officers at the time of incurring or becoming subject to such expenses, and
whether or not the proceeding, claim, suit or action is based on matters which antedate the
adoption of these Bylaws.
CHARZ704166_ 1 15

CERTIFICATION
I, the unde►signW, do hereby certify:
THAT I am the duly elected and acting Secretary ol'the Association; and
THAT the foregoing Bylaws constitute the original Bylaws of Waterway Cove
Homeowners ,Wciation, Inc. as duly adopted at a meeting of the Board of Directors thereof.
held on the day of IYAle .2010.
IN WITNESS WHEREOF, I have hereunto subscribed my name this clay of
2010.
Secretary
c•11As217041" 1 16

(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 providedto 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 ftr
Maximum Allowable BUA for Drainage Area #2 is 337,903 fe
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.
(m) 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.
(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. The 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
ay 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 addition 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 500m, 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 plats Waterway Cove, Map Cabinet 65, Pages 18-25 and Waterway Cove, Map Cabinet 77, Pages 69-71
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
(t) 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.
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
19
I111IIIIIIIIII111111111111Jill 1111111 Brend P0?�23 rmons,49'PROP
Brunswick County, NC Register of Deeds page IB of 25

Hall, Christine
From: Hall, Christine
Sent: Wednesday, February 5, 2020 12:52 PM
To: Ron W
Cc: Chad Whitley
Subject: RE: [External] Semi -Annual report - State stormwater management permit no. SW8
070755
Thank you sir. I do not have any questions at this time. I'll make sure that the information is added to the file.
Ernad com&soonderce to ^Od from this acdrass is subject to the
./ cttt;? Caroline Putbfif; records Law andmay be disclosed to Nhirci parties.
From: Ron W [mailto:[e-mail]]
Sent: Tuesday, February 4, 2020 9:24 PM
To: Hall, Christine <[e-mail]>
Cc: Chad Whitley<[e-mail]>
Subject: [External] Semi -Annual report - State stormwater management permit no. SW8 070755
Christine,
Attached are the cover letter and semi-annual report for the above referenced state storm water permit.
Please let me know if you have any questions.
Ron Wiese (for WCP ll)
1

January 31, 2020 ECEIVE
Christine ball FEB 0 4 2020
State of North Carolina - Environmental Quality
127 Cardinal Drive Extension gy;
Wilmington, NC 28405
RE: State Stormwater Management Permit No. SW8 070544
Christine,
An updated copy of the semi-annual report spreadsheet dated 1/31/2020 is attached for NC state stormwater
permit SW8 070544.
Based on information and belief formed after reasonable inquiry, the undersigned certifies that all
information and statements provided (including attachments) are true, accurate, and complete_
(/Z�aOX'44toe-ONX c t k-rI'k-3z>
Signature of tesporrsible icial Print Nam Date
1 r—M sri 0) tl�PrLS , a Notary Public of the County of un;6'n , State of North
Carolina, hereby certify that QjWd ugh. J=Le J appeared personally before me this day and being
duly sworn acknowledged that the above form -4 ag executed by him.
Witness my hand and notarial seal, this day of J Ci , 20
-RCotary
My commission expires - ! ZS
Cu: Rmwm
tini:in ;;eu ly
Seal Em;;es S.p 18, .;'21
5415 Gilboa Road
Marshville, NC 28I03

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Hall, Christine
From: Hall, Christine
Sent: Tuesday, March 19, 2019 8:56 AM
To: [e-mail]
Subject: Waterway Cove, SW8 070544
Tim,
I received a copy of the updated plans for this project but there was no application for either a minor mod or a major
mod submitted with it. If the site is or has changed from the approved condition, please submit a complete modification
package that includes 2 copies of the changes plans, the application form, and a description of the changes.
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
'Nothing Cczrop aws
'?'f"W'i! co�r� 5�or�;-i:►a�t� ra :�,:->. ,. � -i «�rS ads:: � , a� r ..
=V c,' h Caivina Pffi)Pc R ac; .5 Lau

RA MOUN
A T
E " G 1 N E E R 1 N G, 1 N C_
1 2 2 CINEMA DRIVE
W I L M I N G T O N, NC 2 8 4 0 3
9 1 0- 7 9 1- 6 7 0 7 ( O) 9 1 0- 7 9 1- 6 7 6 0 ( F)
L E T T E R O F T R A N S M T T T A T.
To:
NCDENR
Date
3/17/19
Wilmington Regional Office
127 Cardinal Drive Ext.
Re:
Waterway Cove Phase 3 Section 1&2
Wilmington, NC 28403
Attn:
Christine Hall
Project No.
I 15390.PE
e are sendin
® Originals
❑ Prints
❑ Shop Drawings
® Calculations
❑ Correspondence
® Plans
❑ Specifications
® Other as listed below
he followmg items:1
Quantity
Date
Dwg. No.
Description
1
SW Plans
MAKI 09
ssue Status • ® For Approval ® As Requested ❑ Construction ❑ Bid
❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks
tion Taken: ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend & Resubmit
❑ Rejected - See Remarks ❑ Approved as Submitted ❑ Other
Remarks:

Y
99
Deacb Dr.
<
Mick St.
Ap le Tree St.
Li O Ave
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Lakc T'rec Dr.
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1 1
1NTR�COP�'tP4
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ast
VICINITY MAP
SCALE: 1" = 500'
NORTH
Know whars below.
Uall bey = you dig.
STORM SEWER SCHEDULE
Upstream
Node
Downstream
Node
Diameter
(In)
Upstream
Invert
Downstream
Invert
Pipe Length
(ft)
Slope (%)
Upstream Rim
Elev
Downstream
Rim Elev
Pipe
Material
C13-1
FES-1
48
9.75
9.10
130.9
0.50
18.49
19.39
RCP CL. III
CB-2
C13-1
18
12.30
12.21
18.0
0.50
18.52
18.49
RCP CL. III
C13-2A
CB-2
18
13.65
12.40
125.0
1.00
18.55
18.52
RCP CL. III
CB-213
CB-2A
15
14.55
14.46
18.0
0.50
18.55
18.55
RCP CL. III
CB-3
CB-1
24
18.01
141.25
178.8
2.10
21.81
18.49
RCP CL. III
CB-3A
CB-3
15
18.31
18.11
39.4
0.51
21.81.
21.81
RCP CL. III
C13-4
CB-3
18
21.40
18.82
132.5
1.95
25.09
21.81
RCP CL. III
CB-4A
CB-4
18
21.61
21.50
22.9
0.47
25.04
25.09
RCP CL. III
CB-5
CB-4A
18
25.37
21.71
187.5
1.95
29.28
25.04
RCP CL. III
CB-5A
CB-5
15
25.78
25.47
26.0
1.22
29.12
29.28
RCP CL. III
CB-6
CB-1
36
10.42
9.85
114.6
0.50
17.04
18.49
RCP CL. III
CB-6A
^ CB-6
15
13.57
13.48
18.0
0.48
17.04
17.04
RCP CL. III
CB-7
CB-6
30
11.07
10.52
110.4
0.50
17.70
17.04
RCP CL. III
JB-8
CB-7
30
11.71
11..17
107.7
0.50
18.44.
17.70
RCP CL. III
CB-9
JB-8
30
12.40
11..81
117.4
0.50
16.67'
18.44
RCP CL. III
CB-9A
CB-9
15
12.95
12-86
18.0
0.50
16.67'
16.67
RCP CL. III
JB-10
CB-9
30
14.06
12:.50
139.9
1.11
19.37'
16.67
RCP CL. III
CB-11
JB-10
18
16.47
16.30
33.5
0.50
20.18
19.37
RCP CL. III
CB-11A
CB-11
15
16.84
16.57
18.0
1.51
20.18
20.18
RCP CL. III
CB-12
_ JB-10
18
14.67
14.16
93.6
0.55
18.61
1937
RCP CL. III
CB-12A
CB-12
15
14.86
14.77
18.0
0.50
18.61
18.61
RCP CL. III
CB-14
FES-13
36
6.25
5.91
45.6
0.76
16.59
17.157
RCP CL. III
CB-14A
CB-14
15
12.58
12.45
26.0
0.47
16.75
16.159
RCP CL. III
CB-15
CB-14
18
14.16
13.55
122.8
0.50
17.43
16.59
RCP CL. III
CB-15A
CB-15
15
14,35
14.26
18.0
0.50
17.43
17.43
RCP CL. III
JB-16
CB-14
36
8.91
7.98
92.5
1.00
17.45
16.59
RCP CL. III
CB-17
JB-16
36
9.83
9.09
99.3
0.75
16.55
17.45
RCP CL. III
CB-17A
CB-17
30
10.07
9.93
18.0
0.75
16.55
16.55
RCP CL. III
JB-20
FES-19
!JB-20
36
5.53
4.92
104.7
0.58
16.13
17.16
RCP CL. III
CB-21
30
6.50
5.63
173.6
0.50
12.90
16.13
RCP CL. III
CB-21A
CB-21
15
9.40
9.31
18.0
0.50
12.90
12.90
RCP CL. III
CB-22
CB-21
�CB-22
24
7.35
6.60
149.4
0.50
10.80
12.90
RCP CL. III
CB-23
15
7.55
7.45
20.6
0.51
10.80
10.80
RCP CL. III
JB-24
CB-17A
30
10.40
10.17
31.0
0.75
16.70
16.55
RCP CL. III
JB-24A
JB-24
30
11.10
10.50
79.9
0.75
17.16
16.70
RCP CL. III
CB-25
JB-24A
30
11.80
11.20
79.4
0.75
16.85
17.16
RCP CL. III
CB-25A
CB-25
�CB-25
15
13.35
13.26
18.0
0.51
16.86
16.85
RCP CL. III
HW-26
30
16.00
11.90
136.7
3.00
18.50
16.85
RCP CL. III
BUILDING PAD NOTE:
1. SITE CONTRACTOR SHALL STRIP TOPSOIL AND ANY UNSUITALBE MATERIAL AND PROVIDE CUT/FILL
OPERATIONS TO PROVIDE A COMPACTED CONTROLLED BUILDING PAD, IN ACCORDANCE WITH THE
SUBSURFACE GEOTECHNICAL EXPLORATION AND TECHNICAL SPECIFICATIONS.
ASPHALT AREA NOTE:
1. SITE CONTRACTOR SHALL STRIP TOPSOIL AND ANY UNSUITALBE MATERIAL AND PROVIDE CUT/FILL
OPERATIONS TO PROVIDE A COMPACTED CONTROLLED SUBGRADE, IN ACCORDANCE WITH THE
SUBSURFACE GEOTECHNICAL EXPLORATION AND TECHNICAL SPECIFICATIONS.
STORMWATER NOTE:
1. THIS PROJECT WAS PREVIOUSLY PERMITTED WITH NCDENR, PERMIT NUMBER SW8 070544.
2. THE CONTRACTOR SHALL PLACE INLET PROTECTION AROUND ALL STORM DRAIN INLETS TO
PROTECT THE SYSTEM FROM COLLECTING SEDIMENTATION DURING CONSTRUCTION. INLET
PROTECTION SHALL REMAIN IN PLACE UNTIL THE SITE IS STABILIZED.
GENERAL NOTES:
1. ALL CONSTRUCTION TO BE IN ACCORDANCE WITH ALL TOWN OF OCEAN ISLE BEACH, BRUNSWICK
COUNTY AND STATE OF NORTH CAROLINA STANDARDS AND SPECIFICATIONS.
2. THE CONTRACTOR SHALL PLACE INLET PROTECTION AROUND ALL STORM DRAIN INLETS TO
PROTECT THE SYSTEM FROM COLLECTING SEDIMENTATION DURING CONSTRUCTION. INLET
PROTECTION SHALL REMAIN IN PLACE UNTIL THE SITE IS STABILIZED.
3. CONTRACTOR SHALL ADJUST ALL FRAMES OF EX. UTILITY INFRASTRUCTURE WITHIN ASPHALT
AREAS TO MATCH PROPOSED GRADES.
4. ALL ROOF DRAINS SHALL BE DIRECTED TOWARDS ON -SITE COLLECTION SYSTEM.
5. ALL SIDEWALK CROSS SLOPES HAVE BEEN GRADED TO MEET ADA REGULATIONS, CONTRACTOR
SHALL CONFIRM GRADES BEFORE PLACING PAVEMENT OR SIDEWALKS AND REPORT ANY
DISCREPANCIES TO OWNER AND/OR ENGINEER.
6. THE CONTRACTOR SHALL USE RCP (CL. III) PIPE FOR THE STORM DRAINAGE SYSTEM.
7. CONTRACTOR SHALL REFER TO ANY REPORTS PROVIDED BY OWNER OF SUBSURFACE
EXPLORATION AND GEOTECHNICAL ENGINEERING FOR SITE CONSTRUCTION RECOMMENDATIONS.
RETAINING WALL NOTES:
1.) THE STRUCTURAL DESIGN FOR THE RETAINING WALLS SHOWN ON THIS PLAN SHALL BE DESIGNED BY
OTHERS. PLEASE NOTE THAT THE STRUCTURAL ENGINEER SHALL ALSO PROVIDE, WHERE NECESSARY, A
SAFETY FENCE OR HANDRAIL ALONG THE TOP OF THE RETAINING WALLS WHEN REQUIRED BY CODE.
2.) THE RETAINING WALL ALIGNMENT SHOWN ON THESE PLANS DEPICT THE LOCATIONS OF THE FRONT FACE
OF THE RETAINING WALL AT THE BOTTOM (I.E. - DOES NOT ACCOUNT FOR WALL BATTER).
3.) IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO OBTAIN ALL REQUIRED PERMITS NECESSARY FOR
THE CONSTRUCTION OF THE RETAINING WALL.
4.) THE RETAINING WALL SHALL BE BACKFILLED WITH ON -SITE BORROW MATERIAL OR PROCESSED FILL.
5.) THE TOP AND BOTTOM OF WALL ELEVATIONS SHOWN ON THESE PLANS IDENTIFY FINISHED GrADE
ELEVATIONS ONLY. THE EXTENT TO WHICH THE RETAINING WALL WILL BE EXTENDED BELOW 3RADE TO
THE FOOTING SHALL BE IDENTIFIED ON THE RETAINING WALL CONSTRUCTION DRAWINGS.
6.) PORTIONS OF THE RETAINING WALL WILL EXPERIENCE PERIODIC INUNDATION DURING RAINFALL EVENTS.
THE RETAINING WALL DESIGNER SHALL ACCOUNT FOR PRESSURE ON THE WALL DUE TO SOIL
SATURATION BEHIND THE WALL DURING DESIGN. AN APPROPRIATELY SIZED DRAINAGE SYSTEM, WHICH
WILL OUTLET INTO THE WATER QUALITY POND, SHALL BE DESIGNED AND INSTALLED BEHIND THE
RETAINING WALLS TO RELIEVE SOIL WATER PRESSURE. ALSO, IF ANY PORTIONS OF THE RETFINING
WALLS COULD EXPERIENCE OVERTOPPING RUNOFF FLOW, THE RETAINING WALL DESIGNER MUST
INCLUDE A DRAINAGE SYSTEM TO ALLEVIATE ANY DRAINAGE ISSUES CAUSED BY RUNOFF OVERTOPPING
THE WALLS.
NOTATION:
LEGEND:
CB
- CURB INLET CATCH BA31N
DI
= DROP INLET
- - 29-- -- -
EXISTING CONTOUR
CO
= CLEANOUT
DDI -
DOUBLE DROP INLET
29
PROPOSED CONTOUR
JB =
STORM JUNCTION BOX
HW
= HEADWALL
CI- I
DRAINAGE INLET LABEL
FFE =
BPE =
FINISHED FLOOR ELEVATION
BUILDING PAD ELEVATDN
FES -
FLARED END SECTION
SEE SHEET C-4.1
ISOLATED (NON -JURISDICTIONAL)
WETLAND IMPACTS = 4,200t SF
INEM
=s.o �'§11110111 / /'
PROPOSED
RIP RAP
/i APRON (TYP.).
SEE DETAIL.
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WALL (TYP.). DESIGN
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Gall beforlel yiou dlg.
TRANSITION TO MODIFIED
VALLEY CURB (TYP.).
2% MAX CROSS SLOPE
AT SIDEWALK.
BUILDING PAD NOTE:
1. SITE CONTRACTOR SHALL STRIP TOPSOIL AND ANY UNSUITALBE MATERIAL AND PROVIDE CUT/FILL
OPERATIONS TO PROVIDE A COMPACTED CONTROLLED BUILDING PAD, IN ACCORDANCE WITH THE
SUBSURFACE GEOTECHNICAL EXPLORATION AND TECHNICAL SPECIFICATIONS,
ASPHALT AREA NOTE:
1. SITE CONTRACTOR SHALL STRIP TOPSOIL AND ANY UNSUITALBE MATERIAL AND PROVIDE CUT/FILL
OPERATIONS TO PROVIDE A COMPACTED CONTROLLED SUBGRADE, IN ACCORDANCE WITH THE
SUBSURFACE GEOTECHNICAL EXPLORATION AND TECHNICAL SPECIFICATIONS,
STORMWATER NOTE:
THIS PROJECT WAS PREVIOUSLY PERMITTED WITH NCDENR, PERMIT NUMBER SW8 070544.
GENERAL NOTES:
1. ALL CONSTRUCTION TO BE IN ACCORDANCE WITH ALL TOWN OF OCEAN ISLE BEACH, BRUNSWiCK
COUNTY AND STATE OF NORTH CAROLINA STANDARDS AND SPECIFICATIONS.
2. THE CONTRACTOR SHALL PLACE INLET PROTECTION AROUND ALL STORM DRAIN INLETS TO
PROTECT THE SYSTEM FROM COLLECTING SEDIMENTATION DURING CONSTRUCTION. INLET
PROTECTION SHALL REMAIN IN PLACE UNTIL THE SITE IS STABILIZED.
3. CONTRACTOR SHALL ADJUST ALL FRAMES OF EX. UTILITY INFRASTRUCTURE WITHIN ASPHALT
AREAS TO MATCH PROPOSED GRADES.
4. ALL ROOF DRAINS SHALL BE DIRECTED TOWARDS ON -SITE COLLECTION SYSTEM.
5. ALL SIDEWALK CROSS SLOPES HAVE BEEN GRADED TO MEET ADA REGULATIONS. CONTRACTOR
SHALL CONFIRM GRADES BEFORE PLACING PAVEMENT OR SIDEWALKS AND REPORT ANY
DISCREPANCIES TO OWNER AND/OR ENGINEER.
6. THE CONTRACTOR SHALL USE RCP (CL. 111) PIPE FOR THE STORM DRAINAGE SYSTEM.
7. CONTRACTOR SHALL REFER TO ANY REPORTS PROVIDED BY OWNER OF SUBSURFACE
EXPLORATION AND GEOTECHNICAL ENGINEERING FOR SITE CONSTRUCTION RECOMMENDATIONS.
RETAINING WALL NOTES:
1.) THE STRUCTURAL DESIGN FOR THE RETAINING WALLS SHOWN ON THIS PLAN SHALL BE DESIGNED BY
OTHERS. PLEASE NOTE THAT THE STRUCTURAL ENGINEER SHALL ALSO PROVIDE, WHERE NECESSARY, A
SAFETY FENCE OR HANDRAIL ALONG THE TOP OF THE RETAINING WALLS WHEN REQUIRED BY CODE.
2.) THE RETAINING WALL ALIGNMENT SHOWN ON THESE PLANS DEPICT THE LOCATIONS OF THE FRONT FACE
OF THE RETAINING WALL AT THE BOTTOM (I.E. - DOES NOT ACCOUNT FOR WALL BATTER).
3.) IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO OBTAIN ALL REQUIRED PERMITS NECESSARY FOR
THE CONSTRUCTION OF THE RETAINING WALL.
4.) THE RETAINING WALL SHALL BE BACKFILLED WITH ON -SITE BORROW MATERIAL OR PROCESSED FILL.
5.) THE TOP AND BOTTOM OF WALL ELEVATIONS SHOWN ON THESE PLANS IDENTIFY FINISHED GRADE
ELEVATIONS ONLY. THE EXTENT TO WHICH THE RETAINING WALL WILL BE EXTENDED BEI_OWGRADE TO
THE FOOTING SHALL BE IDENTIFIED ON THE RETAINING WALL CONSTRUCTION DRAWINGS.
6.) PORTIONS OF THE RETAINING WALL WILL EXPERIENCE PERIODIC INUNDATION DURING RAINFALL EVENTS.
THE RETAINING WALL DESIGNER SHALL ACCOUNT FOR PRESSURE ON THE WALL DUE TO SOIL
SATURATION BEHIND THE WALL DURING DESIGN. AN APPROPRIATELY SIZED DRAINAGE SYSTEM, WHICH
WILL OUTLET INTO THE WATER QUALITY POND, SHALL BE DESIGNED AND INSTALLED BEHIND THE
RETAINING WALLS TO RELIEVE SOIL WATER PRESSURE. ALSO, IF ANY PORTIONS OF THE RETRINING
WALLS COULD EXPERIENCE OVERTOPPING RUNOFF FLOW, THE RETAINING WALL DESIGNER MUST
INCLUDE A DRAINAGE SYSTEM TO ALLEVIATE ANY DRAINAGE ISSUES CAUSED BY RUNOFF OVERTOPPING
THE WALLS.
NOTATION:
LEGEND:
CB
CURB INLET CATCH B/•SIN
DI
= DROP INLET
-.- ------ - 29 - - --
EXISTING CONTOUR
CO
= CLEANOUT
DDI
= DOUBLE DROP INLET
29
PROPOSED CONTOUR
JB
STORM JUNCTION BOA
HW
= HEADWALL
FFE
= FINISHED FLOOR ELE\ATION
CI-1
DRAINAGE INLET LABEL
BPE
= BUILDING PAD ELIEVA11ON
FES
= FLARED END SECTION
SEE SHEET C-4.0
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< j
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y �
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AT SIDEWALK. -1!
F
ANCHORSIBEND
fit) r f/
1x1',r A
ES-2
PROPOSED �� JURISDICTIONAL
INLET FES k �• WETLAND
WITH RAP "A\ IMPACTS = 498t SF
RAP
�91
Ix
�- PROPOSED RETAINING
WALL (TYP.). DESIGN
BY OTHERS.
TW=19.5
TW=19.5
BWW=17 75
" BW=16.0
SPILLWAY
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l TW=17 0
/BIN
e TW=16.0
BW=14.0
BW=17.0
STORM SEWER SCHEDULE
Upstream
Node
Downstream
Node
Diameter
(In)
Upstream
Invert
Downstream
Invert
Pipe Length
(ft)
Slope (%)
Upstream Rim
Elev
Downstream
Rim Elev
Pipe
Material
C13-1
FES-1
48
9.75
9.10
130.9
0.50
18.49
19.39
RCP CL. III
CB-2
CB-1
18
12.30
12.21
18.0
0.50
18.52
18.49
RCP CL. III
C13-2A
C13-2
18
13.65
12.40
125.0
1.00
18.55
18.52
RCP CL. III
C13-26
CB-2A
15
14.55
14.46
18.0
0.50
18.55
18.55
RCP CL. III
C13-3
C13-1
24
18.01
14.25
178.8
2.10
21.81
18.49
RCP CL. III
CB-3A
C13-3
15
18.31
18.11
39.4
0.51
21.81
21.81
RCP CL. III
CB-4
C13-3
18
21.40
18.82
132.5
1.95
25.09
21.81
RCP CL. III
C13-4A
C13-4
18
21.61
21.50
22.9
0.47
25.04
25.09
RCP CL. III
C13-5
CB-4A
18
25.37
21.71
187.5
1.95
29.28
25.04
RCP CL. III
C13-5A
C13-5
15
25.78
25.47
26.0
1.22
29,12
29.28
RCP CL. III
C13-6
C13-1
36
10.42
9.85
114.6
0.50
17.04
18.49
RCP CL. III
C13-6A
C13-6
15
13.57
13.48
18.0
0.48
17.04
17.04
RCP CL. III
CB-7
CB-6
30
11.07
10.52
110.4
0.50
17.70
17.04
RCP CL. III
J13-8
CB-7
30
11.71
11.17
107.7
0,50
18.44
17.70
RCP CL. III
CB-9
JB-8
30
12.40
11.81
117.4
0.50
16.67
18.44
RCP CL. III
CB-9A
CB-9
15
12.95
12.86
18.0
0.50
16.67
16.67
RCP CL. III
JB-10
C13-9
30
14.06
12.50
139.9
1.11
19.37
16.67
RCP CL. III
CB-11
JB-10
18
16.47
16.30
33.5
0.50
20.18
19.37
RCP CL. III
CB-11A
CB-11
15
16.84
16.57
18.0
1.51
20.18
20.18
RCP CL. III
CB-12
JB-10
18
14.67
14.16
93.6
0.55
18.61
19.37
RCP CL. III
CB-12A
CB-12
15
14.86
14.77
18.0
0.50
18.61
18.61
RCP CL. III
CB-14
FES-13
36
6.25
5.91
45.6
0.76
16.59
17.67
RCP CL, III
CB-14A
CB-14
15
12.58
12.45
26.0
0.47
16.75
16.59
RCP CL. III
CB-15
CB-14
18
14.16
13.55
122.8
0.50
17.43
16.59
RCP CL. III
CB-15A
CB-15
15
14.35
14.26
18.0
0.50
17.43
17.43
RCP CL. III
JB-16
CB-14
36
8.91
7.98
92.5
1.00
17.45
16.59
RCP CL. III
CB-17
JB-16
36
9.83
9.09
99.3
0.75
16.55
17.45
RCP CL. III
CB-17A
CB-17
30
10.07
9.93
18.0
0.75
16.55
16.55
RCP CL. III
JB-20
FES-19
36
5.53
4.92
104.7
0.58
16.13
17.16
RCP CL. III
CB-21
JB-20
30
6.50
5.63
173.6.
0.50
12.90
16.13
RCP CL. III
CB-21A
CB-21
15
9.40
9.31
18.0
0.50
12.90
12.90
RCP CL. III
CB-22
CB-21
24
7.35
6.60
149.4
0.50
10.80
12.90
RCP CL. III
CB-23
CB-22
15
7.55
7.45
20.6
0.51
10.80
10.80
RCP CL, III
JB-24
CB-17A
30
10.40
10.17
31.0
0.75
16.70
16.55
RCP CL. III
JB-24A
JB-24
30
11.10
10.50
79.9
0.75
17.16
16.70
RCP CL. III
CB-25
JB-24A
30
11.80
11.20
79.4
0.75
16.85
17.16
RCP CL. III
CB-25A
CB-25
15
13.35
13.26
18.0
0.51
16.86
16.85
RCP CL. III
HW-26
CB-25
30
16.00
11.90
136.7
3.00
1$.50
16.$5
RCP CL, III
PROPOSED RETAINING
WALL (TYP.).
DESIGN BY OTHERS.
t/
,l EXISTING DRAIN MANHOLE
ADJUST RIM TO
/ELEV.= 12.0 (VIF)
TO MATCH PROPOSED GRADE
EXISTING MANHOLE
BW=a 0 ADJUST RIM TO
f TW=12.0 l ( ELEV.= 12.1 (VIF)
-�- - -�- - _ BW=8.0 TO MATCH PROPOSED GRADE
EXISTING DRAIN MANHOLE`'
WITH STORMWATER PUMP. EXISTING DRAIN MANHOLE
\' -_- '`" ! % % '
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ELEV.= 11.65 (VIF). 12..- J .,� r�- ELEV.= 12.1 (VIF)
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TW=17.5
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Weaver, Cameron
From: Lewis,Linda
Sent: Thursday, June 07, 2018 8:59 AM
To: Tim Clinkscales; [e-mail]
Cc: Weaver, Cameron; Chad Whitley; Mike Ankrum; [e-mail]
Subject: RE: [External] SW8 070544 Waterway Cove
Tim:
The March 2016 plans we approved do NOT show a shortened level spreader or VFS. They show the
LSNFS encroaching onto the Bright's property.
DEMLR did NOT approve any revised plans after March 2016, so please submit the July 2016 plans
as a plan revision.
Linda
From: Tim Clinkscales [mailto:[e-mail]]
Sent: Wednesday, June 06, 2018 10:39 PM
To: Lewis,Linda <[e-mail]>; [e-mail]
Cc: Weaver, Cameron <[e-mail]>; Chad Whitley <[e-mail]>; Mike Ankrum
<[e-mail]>; [e-mail]
Subject: RE: [External] SW8 070544 Waterway Cove
Linda
I have looked through our files, and believe a little miscommunication on things. There is not a new plan, we only issued
the plans for construction on that date after finalizing our sewer system. The plans approved by DEQ in March of 2016
were a plan revision in which we were only updating the lot lines and not adding impervious area. In regard to the level
spreader being shortened, it is because off of the property after doing a as -built survey. I do not believe this warrants
any update since only reducing such to stay off of adjacent property. Thanks and have a good night
Tim Clinkscales PE, PLS
PARAMOUNTE ENGINEERING, INC
122 Cinema Drive
Wilmington, NC 28403
OFFICE: [phone]
CELL: [phone]
FAX: [phone]
www. oaramou nte-ena.com
From: Lewis,Linda <[e-mail]>
Sent: Tuesday, June 5, 2018 1:03 PM
To: [e-mail]
Cc: Weaver, Cameron <cameron.weaver@ncdenrov>; Chad Whitley<[e-mail]>; Tim Clinkscales

<[e-mail]>; Mike Ankrum <[e-mail]>; [e-mail]
Subject: FW: [External] SW8 070544 Waterway Cove
Ms. Spano:
Attached is a copy of the emails I exchanged with Mr. Whitley and his consultant after he received the
March 2018 letter. He is working on resolving the situation. It appears that he was working off of a
plan that was seal -dated after the plans that we approved were sealed by his consultant, Tim
Clinkscales PE, with Paramounte Engineering.
I have not received any response that I remember from Mr. Clinkscales and there is no current
application or modification for this project in review at this time.
Linda
From: Lewis,Linda
Sent: Monday, April 16, 2018 10:29 AM
To: 'Tim Clinkscales' <tclinkscales@paramounte-eng,com>
Subject: FW: [External] SW8 070544 Waterway Cove
Tim:
Mr. Chad Whitley (Buffalo Creek Investments, LLC) thinks that this drawing, which appears to be
sealed by you on July 12, 2016, is the approved Waterway Cove plan. As indicated below, we have
no record of any revised plans being submitted or approved after March 2016. Do you have any
information you can provide?
Thanks,
Linda
From: Lewis,Linda
Sent: Monday, April 16, 2018 9:07 AM
To:'Chad Whitley' <[e-mail]>
Cc: Mike Ankrum <[e-mail]>; [e-mail]
Subject: RE: [External] Approval
Thank you Mr. Whitley. This plan that you attached is seal -dated July 2016. The latest approved plan
set we have in our file is dated March 2016. If it was intended that the July 2016 plan be approved,
then please have your consultant submit a plan revision application, and 2 copies of the revised plan.
As we discussed on the phone last Friday, I am not an attorney, but it would appear that Mr. Clark
should have ensured that an easement was granted prior to selling the lot from the development
company to himself and his wife as individuals. Since there is no easement, you can either get an
easement from Mr. Bright, or you can remove that portion of the level spreader and vegetated filter
strip that encroaches onto Mr. Bright's lot.
Linda
From: Chad Whitley [mailto:whitlevinvestmentp I fro
Sent: Monday, April 09, 2018 8:42 PM

To: Lewis,Linda <[e-mail]>
Cc: Mike Ankrum <[e-mail]>; [e-mail]
Subject: [External] Approval
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:[e-mail]>
Linda
Thank you for talking with me today. This is what we have that shows the approval to demo 30 ft of the level spreader
on the property that Bill Bright purchased from the original owner. If this is correct, please let me know and I will handle
the rest with Mr. Bright. Again, thank you for your help and hope this makes it easier for both of us.
Chad Whitley
President
E-ASED FOR CONSTRUCTION
Cr STA —S GR.r�IN G & DRAIN AGF.
�,�, PHASE 3 SECTI�7?� 2
'DFOR
INFdRhtAiiOh1 WATERWAY C7�'E
ya OCEAN ISLE BEACH
BRUNSWICK COUNINTY, NC
ATO
Too
PAR,��
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5911 Gicaw
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3

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Buffalo Creek Investments, Inc
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Lewis,Linda
From: Lewis,Linda
Sent: Monday, April 16, 2018 10:29 AM
To: 'Tim Clinkscales'
Subject: FW: [External] SW8 070544 Waterway Cove
Tim
Mr. Chad Whitley (Buffalo Creek Investments, LLC) thinks that this drawing, which appears to be
sealed by you on JLlly 12, 2016, is the approved Waterway Cove plan. As indicated below, we have
no record of any revised plans being submitte,l or approved after March 2016. Do you have any
information you can provide?
Thanks.
Linda
From: Lewis;Linda
Sent: Monday, April 16, 2018 9:07 AM
To:'Chad Whitley' <[e-mail]>
Cc: Mike Ankrum <[e-mail]>; [e-mail]
Subject: RE: [External] Approval
Thank you Mr. Whitley. This plan that you attached is seal -dated July 2016. The latest approved plan
set we have in our file is dated March 2016. If it was intended that the July 2016 plan be approved,
then please have your consultant submit a plan revision application, and 2 copies of the revised plan.
As we discussed on the phone last Friday, I am not an attorney, but it would appear that Mr. Clark
should have ensured that an easement was granted prior to selling the lot from the development
company to himself and his wife as individuals. Since there is no easement, you can either get an
easement from Mr. Bright, or you can remove that portion of the level spreader and vegetated filter
strip that encroaches onto Mr. Bright's lot.
Linda
From: Chad Whitley [mailto:[e-mail]]
Sent: Monday, April 09, 2018 8:42 PM
To: Lewis,Linda <[e-mail]>
Cc: Mike Ankrum <[e-mail]>; [e-mail]
Subject: [External] Approval
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spa m.<mailto:[e-mail]>
Linda
Thank you for talking with me today. This is what we have that shows the approval to demo 30 ft of the level spreader
on the property that Bill Bright purchased from the original owner. If this is correct, please let me know and I will handle

the rest with Mr. Bright. Again, thank you for your help and hope this makes it easier for both of us.
Chad Whitley
President
4 _
1-,: - SEE F(--)R CON STR L.' CTION'
s GRADING & i7RMNy GE
F�HASE 3 SEC.TIO'
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9

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
March 9, 2018
WCP II, LLC
Naturewatch, LLC, Member
Buffalo Creek Investments, Inc.
Attn: Chad Whitley, President
5415 Gilboa Road
Marshville, NC 28103
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
WILLIAM E. (TOBY) VINSON, JR.
interim Direaor
Subject: Stormwater System Encroachment on Neighboring Property
State Stormwater Management Permit No. SW8 070544
Waterway Cove
Brunswick County
Dear Mr. Whitley:
Last May, the Division met with Bill Bright, the owner of a small tract of land located at the end of
Waterway Drive SW regarding his development options. This tract appears to have been part of the
Waterway Cove project area when it was originally proposed for permitting to the Division in March
2010, although this tract was not counted as a lot under that permit.
When the modified plans for Phase III, Section 2 of Waterway Cove were approved on January 26, 2016,
Mr. Bright's lot at the end of Waterway Drive SW was no longer part of the project area. DEMLR
research of the Brunswick County Register of Deeds website shows that this lot was purchased from
Waterboro Village Management, LLC by Stephen & Mary Louise Clark on January 31, 2012 and it was
made subject to a set of restrictive covenants that dated back to February 1976. Note that Mr. Clark was
the manager of Waterboro Village Management, LLC. The Clark's then sold the lot to William and
Lillian Bright on July 21, 2015.
Mr. Bright has alleged to the Division that the level spreader and vegetated filter which are required by
the Stormwater Management Permit No. SW8 070544 to treat the overflow from the permitted Infiltration
Basin #2, is encroaching onto his property. The 2010 approved plans for Waterway Cove show that the
level spreader and vegetated filter which were required under the Waterway Cove permit, do indeed
appear to encroach onto the lot. However, at the time of permitting that lot was owned by the original
permittee, Waterboro Village Management, LLC, with Mr. Stephen Clark as the manager, so there was no
need for an easement.
However, once the property was conveyed to Mr. Clark and his wife as individuals, the approved
stormwater plan and project area should have been modified to reflect that change and to relocate the
level spreader and vegetated filter so that they no longer encroached onto the lot. If you have already
relocated the level spreader and vegetated filter so that they do not encroach onto the Bright's property,
please advise this office. If there is an existing easement or if you entered into an agreement with
Waterboro Village Management, LLC or with the Clark's regarding this encroachment, please provide a
copy of that document to this office. The Division was unable to locate an easement agreement or a
recorded plat showing an easement on this lot.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardlnu; Drive Extension I Wilmington, NC 28405
910796'MS

State Stormwater Permit No. SW8 070544
Page 2 of 2
Please note that per Design Standards Condition 1.6 of the October 4, 2017 permit, all storznwater
collection and treatment syslterns must be located in either public rights -of -way, dedicated common areas
or recorded easements. If you do not have an easement or if you cannot obtain one, you will need to
remove those portions of the level spreader and vegetated filter that are encroaching onto Mr. Bright's lot
and submit a plan revision to the Division to reflect those changes.
Please provide the requested information to this Office no later than April 9, 2018. If you have any
questions, please either call me in the Wilmington Regional office at 910-796-7343 or email me at
linda.lewis(a)ncdenr. o�
Sincerely,
Linda Lewis, E.I.
Environmental Engineer III
GDS/arl: G:\\\Stormwater\Permits & Projects\2007\070544 HD\2018 03 letter 070544
cc: Bill Bright (PO Box 7272 Ocean Isle Beach NC 28469)
Tim Clinkscales, P.E., Paramounte Engineering
Waterway Cove HOA (c/o Priestly Management Co. 1213 Culbreth Dr. Wil NC 28405)
,� f r 0
State of Nort h Carolina I Environmental Quality I Energy. Mineral and Land Resources
Wilmington Regional Office ! 121 Cardinal Drn.e Extension I Wi nington, NC 25405
910 796 7215

Hall, Christine
From:
Hall, Christine
Sent:
Thursday, February 22, 2018 8:37 AM
To:
'Donald Pittman'
Subject:
RE: [External] One More Quick Question
A vegetated filter is a flat, grassed area providing vegetated sheet flow for the overflow of the infiltration basins.
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
" Nui,hing Compares,
—respondew-ia 10 FFI., iron, this add—a,'ssis s:ub,ec,& to u'*.3
carc-!,b�? vblk^ "Gti 1.. v-, aria n,,a - he L id'^.E^�,' ,.' . r-
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From: Donald Pittman [mailto:[e-mail]]
Sent: Wednesday, February 21, 2018 6:34 PM
To: Hall, Christine <[e-mail]>
Subject: [External] One More Quick Question
- i External email. Do not click links or open attacTments unless verified. Send all suspicioo err+aiI as an attachment to
iMin a
,
Christine, In section 1.5 of the permit there is a statement that says; "Each Basin must be operated with a 50' vegetated
filter" In layman's terms what does this mean?
Thanks,
Don Pittman

Hall, Christine
From: Donald Pittman <[e-mail]>
Sent: Wednesday, February 21, 2018 5:23 PM
To: Hall, Christine; [e-mail]; Brown, Creighton A
Cc: Graham Adams; paul martin
Subject: [External] Re: Waterway Cove, OIB Stormwater Permit No. SW8 070544 MOD
M + ernal email. Do not click links or open attachments unless verified. Send aH suspicious email as an attachment ro
Christine,
Thank you for your prompt response and the support documentation. We are still probably about one year from a
transfer of the HOA from the Developer to the Homeowners. My primary concern is that when this occurs the
homeowners will be presented with engineering certification that the stormwater system has been maintained
according to the original engineering design. Section 11.18 of the Permit seems to address this issue. As you are well
ware, the new Developer restarted construction for a period of approximately three years without DEMLR approval or
knowledge. During this three year period little to no previsions were taken to protect the integrity of the Stormwater
system. We need to be assured that we don't inherit a system that will require extensive rehabilitation due to the failure
of the Developer to follow the law.
Thank you,
Don Pittman
On Wed, Feb 21, 2018 at 1:26 PM, Donald Pittman <[e-mail]> wrote:
Christine, Ronda, Creighton,
I have copied all of you since I am not sure which of you have responsibility in this area. I am an active owner in the
Waterway Cove community at Ocean Isle Beach. As we start to nearthe time when our HOA will resume full
responsibility for our HOA;. I am trying to educate myself and other owners in the process. In the review of my most
recent Stormwater Permit, I see that my copy of the permit actually expired on July 3, 2017. Can you please send me a
copy of the renewed Permit and associated engineering work that was conducted as a part of the renewal process. I
have attached a copy of page #1 of the permit that I have for your reference.
Thank you in advance for your help.
Best regards,
Don Pittman
6446 Craller Way
Ocean Isle Beach, NC 28469
Ph 704-718-7638

Hall, Christine
From: Hall, Christine
Sent: Wednesday, February 21, 2018 4:06 PM
To: 'Donald Pittman; [e-mail], Brown, Creighton A
Cc: Graham Adams; paul martin
Subject: RE: [External] Waterway Cove, OIB Stormwater Permit No. SW8 070544 MOD
Attachments: 2017 10 permit CEI_deficient 070544.pdf, 2018 01 CEI_neither 070544.pdf, 2018 01
CEI_BIMS 070544.pdf; 2018 02 annual -report 070544.pdf; 2018 02 letter_recvd
070844.pdf
Mr. Pittman,
Due to Session Laws 2009-406 and 2010-177, active permits were granted an extension of up to 4 years. This extension
(to July 3, 2021) was documented in the August 8, 2014 version of this permit. Since then, this permit has been revised
and transferred. I have attached the most recent version of the permit for this project. I have also attached the follow-
up compliance letter, inspection report, and the response received earlierthis month (two files).
I'm not sure what kind of engineering work you are looking for. We don't have electronic records of the
submittals. However our paper files are considered public record and anyone may conduct a review of the file. We just
ask that you make an appointment to ensure the file review room (with a copier) is available for your use. If you wish to
schedule a file review, please let me know.
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources - State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
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From: Donald Pittman [mailto:[e-mail]]
Sent: Wednesday, February 21, 2018 1:27 PM
To: Hall, Christine <Christine. Hall @ncdenr.gov>; [e-mail]; Brown, Creighton A
<creighton.brown@ ncdenr.gov>
Cc: Graham Adams <[e-mail]>; paul martin <[e-mail]>
Subject: [External] Waterway Cove, OIB Stormwater Permit No. SW8 070544 MOD
=> External email. Do not click links or open attachments unless verified. Send al suspiciaus email as an s�ent to

Christine, Ronda, Creighton,
I have copied all of you since I am not sure which of you have responsibility in this area. I am an active owner in the
Waterway Cove community at Ocean Isle Beach. As we start to near the time when our HOA will resume full
responsibility for our HOA; I am trying to educate myself and other owners in the process. In the review of my most
recent Stormwater Permit, I see that my copy of the permit actually expired on July 3, 2017. Can you please send me a
copy of the renewed Permit and associated engineering work that was conducted as a part of the renewal process. I
have attached a copy of page #1 of the permit that I have for your reference.
Thank you in advance for your help.
Best regards,
Don Pittman
6446 Craller Way
Ocean Isle Beach, NC 28469
Ph 704-718-7638

1644 Butterfly Knot Drive SW
101
3/2A
4070
4068
3961/806
2
Kenny & Sonja Stanley
1648 Butterfly Knot Drive SW
102
3/2A
4070
4070
WCP II, LLC
1652 Butterfly Knot Drive SW
103
3/2A
4070
4070
WCP II, LLC
1656 Butterfly Knot Drive SW
104
3/2A
4070
3765
3959/923
305
Charles & Helen Brown
1668 Butterfly Knot Drive SW
105
3/2A
4070
4070
WCP II, LLC
1672 Butterfly Knot Drive SW
106
3/2A
4070
3902
168
Jerry & Linda Druffel
1676 Butterfly Knot Drive SW
107
3/2A
4270
4270
WCP II, LLC
1680 Butterfly Knot Drive SW
108
3/2A
4170
4170
WCP II, LLC
1684 Butterfly Knot Drive SW
109
3/2A
4170
4170
WCP II, LLC
6492 Square Knot Lane SW
110
3/2A
4070
3535
I
535
Michael & Elaine Coffee
6488 Square Knot Lane SW
111
3/2A
4070
4070
WCP II, LLC
6484 Square Knot lane SW
112
3/2A
4070
'
4070
Dwight & Vickie Adams
1645 Butterfly Knot Drive SW
113
3/2A
3500
3500
WCP II, LLC
1649 Butterfly Knot Drive SW
114
3/2A
3500
3500
WCP II, LLC
1653 Butterfly Knot Drive SW,
115
3/2A
3500
3500
WCP II, LLC
1657 Butterfly Knot Drive SW
116
3/2A
3500
3500
WCP II, LLC
1661 Butterfly Knot Drive SW
117
3/2A.
3500
3500
WCP II, LLC
1665 Butterfly Knot Drive SW
118
3/2A
3500
3500
WCP II, LLC
1693 Clove Hitch Lane SW
119
3/2A
3500
3493
3984/700
7
Deanne. Gallimore
1697 Clove Hitch Lane SW
120
3/2A
3500
3995/949
3500
Steve & Nancy Sue Spanich
17.01 Clove Wtchlane $W
_< .121..
3/2A
35Q0. , ..
_.•..3166
T
I
334
Joyce Anne Vale Tonjes Living Trust
1705 Clove Hitch Lane SW
122
3/2A
3500
3315
i'
185
Elaine Pruitt
1709 Clove Hitch Lane SW
123
3/2A
3500
3088
_
3991/688
412
Hugo & Linda Doerschuk
1713 Clove Hitch Lane SW
124
3/2A
3500
3500
WCP II, LLC
1717 Clove Hitch Lane SW
125
3/2A
3500
! 3500
Barry & Deborah Levy
6483 Square Knot Lane SW
128
3/2B
3500
3500
WCP II, LLC
6487 Square Knot Lane SW
129
3/2B
3500
3500
WCP II, LLC
(Totals 1 389031 1 237948 1 1 151083 1
Streets, Parking, & Sidewalks TBD
Basin 2
Maximum
Allowable BUA
Deed Book/Page
Max BUA
Street Address
Lot Number
Section / Phase
Actual BUA
Difference
Lot Owners Name
6446 Craller Way SW
24
2
3900
3847
3984/700
53
Donald & Janet Pittman
6442 Craller Way SW
25
2
3600
3207
3984/700
393
Nanci Mancenelli
6438 Craller Way SW
26
2
3600
2961
3984/700
639
Suzan. Adams
6434 Craller Way SW
27
2
3600
3293
3984/700
307
Richard & Diane Tolhurst
6430 Craller Way SW
28
2
3600
3090
3984/700
510
Harry & Cheryl Page
6426 Craller Way SW
29
2
3600
3083
3984/700
517
Jeffrey & Lynn Goode / Goode Living Trust
6422 Craller Way SW
30
2
3600
3158
3984/700
442
Roger Bryan
6421 Craller Way SW
31
2
3600
3537
3984/700
63
Jack & Bonita Treadway
6425 Craller Way SW
32
2
3600
3380
3984/700
220
Robert & Mary Ellen Struppler
6429 Craller Way SW
33
2
3600
2982
3984/700
618
Jerlyn Witten (Trust)
6433 Craller Way SW
34
2
3600
2909
3984/700
692
Mary Mac Holcombe
6439 Craller Way SW
35
2
3600
3588
3984/700
12
Ellwood & Rachel Sunnell
6438 Stopper Lane SW
36
2
3600
3194
3984/700
406
Hohenstein (Trust)
6434 Stopper Lane SW
37
2
3600
3362
3984/700
238
Michael Wilson & Theresa Bond
6430 Stopper Lane SW
38
2
3600
2995
3984/700
1 605
Kathleen Stanley
6426 Stopper Lane SW
39
2
3600
3345
3984/700
1 255
Leon Green

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WATERWAY COVE
State Stormwater Management Permit Number SW8 070544 (9/23/16 rev.)
Semi -Annual Report - rev. 01/31/2018
Permitted
Basin 1
Basin 2
Total
Onsite Buildings
370,587
207,422
578,009
Onsite Streets / Parking
180,904
85,057
265,961
Onsite Sidewalks
56,446
37,424
93,870
Amenity Center
18,861
0
18,861
Other Onsite
5,166
5,000
10,166
Future
3,000
3,000
6,000
OfFsite
36,492
1 286,610
1 323,102
Total
-671,456._.•....
_. 624,513
1,295,9159
Basin 1
Maximum
Allowable BUA
Deed Book/Page
Max BUA
Street Address
Lot Number
Section / Phase
Actual BUA
Difference
Lot Owners Name
1643 Waterway Cove Drive SW
Amenity Ctr
1A
18861
10863
7998
Waterway Cove HOA, Inc.
1609 Waterway Cove Drive SW
1
1A
3600
2933
3984/700
667
Charles & Kathy Robinson
1611 Waterway Cove Drive SW
2
1A
3600
3099
3984/700
501
Cathy Ernst
1621 Waterway Cove Drive SW
3
1A
3600
3066
3984/700
534
Donald & Kathie Gilliam
1623 Waterway Cove Drive SW
4
1A
3600
2711
3984/700
889
Peter & Judith Lawson
1627 Waterway Cove Drive SW
5
1A
3600
2939
3984/700
661
William & Mary Corder
1633 Waterway Cove Drive SW
6
1A
3600
2967
3984/700
633
Mark & Jennifer Peoples
6451 Figure Eight Drive SW
7
1A
3600
2925
3984/700
675
William & Heather Weber
6445 Figure Eight Drive SW
8
1A
3600
2767
3984/700
833
Paul & Mary Martin
6443 Figure Eight Drive SW
9
1A
3600
2513
3984/700
1087
Anthony & Judith Cosentino
6439 Figure Eight Drive SW
10
1A
3600
•2410
3984/700
1190
Elizabeth Dock
6437 Figure Eight Drive SW
11
1A
3600
2573
3984/700
1027
Anna Knight
6433 Figure Eight Drive SW
12
1A
3600
2755
3984/700
845
John & Joyce Angeled
6431 Figure Eight Drive SW
13
1A
3600
2740
3984/700
860
Richard & Nancy Back
6429 Figure Eight Drive SW
14
1A
3600
3200
3984/700
400
Martin & Cheryl Linn
6425 Figure Eight Drive SW
15
1A
3600
3494
3984/700
106
Debra Jones
6421 Timber Hitch Drive SW
16
2
3600
3018
3984/700
582
Dale & Ruth Haskins
6425 Timber Hitch Drive SW
17
2 '`
3600
3298
3984/700
302
Lisa Marshall
6429 Timber Hitch Drive SW
18
2
3600
2891
3984/700
709
Timothy & Pamela Hardy
6433 Timber Flitch Drive SW
19
2
3600
2919
3994/700
681
Tracey Mccloy
6437 Timber Hitch Drive SW
20
2
3600
2931
3984/700
669
Karl & Julie Chortanoff
6441 Timber Hitch Drive SW
21
2
.3600
3147
3984/700
453
Michael & Beryl Jackson
6445 Timber Hitch Drive SW
22
2
3600
3038
.3984/700
562
Georges & Patricia Hughes
6449 Timber Hitch Drive SW
23
2
3600
3290
3984/700
310
Richard & Kathy Triplette
1704 Round Turn Road SW
48
2
3600
2945
3984/700
655
Gilbert & Stephanie Davis
41111,
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WATERWAY COVE
Jamu" 31, 2018
Christine Hall
State of North Carolina - Environnuntal Qualky
127 Cardinal Drive Extiension
Wilmington, NC -28405
RE : State Stom water Mannemml Permit No. SW8 070544
Christine,
We are in receipt of a Notice Of Wp6ajon — Rzquest for Additional Infonnatim fern you daftd 1/8/201 S.
There,were two deficiencies noted to resolve.
A copy of the semi an**[ nTat spreadsheet 44W W 1118 is 4ttwhaL per your request, a colurm. was
added to de -note the book and Pw number of the recording that contain the BUA allocation f*r eacb lot
These recordinp have bom M.1de per ymw pr"ious direction.
In preparing 41is report, it has been "Pd that a toftl Of 8 lots bave been deeded / rec=*A without the BUA
allocation. Thest include lots 106, and 121 as noted in the notice and in WMion IM 85,110,112,122, &
125. We am in the process of aeming an wnendment 10 recmd the. BUA allocations for these 8 101ts and will
copy you on the recording. Tbm lots will all he recorded at the BUA ntunber as notffd in the spreUMOOL
Based on information and belief formed aft reasonable i1wFiry, the under 6goW certifies that all
i I
infonnation sad otatenwrits providW Onrludidg xftchmeDtf-) we true, ='WA0 and OOMPkft-
Sifnatum of RVdible official Print Mm ae Date:
4 -ti Notary Public � of thie CoUnItY Of U 1 State of NorU
MISOMIly before me this day wid being
Ca-61ina, hereby catify that appe-
duly swam wknowledged that the above form was oxcc*W by.hbn.
witness my hand and nq .20 C
goal this iZ�_ day of
A
y
NOTARYmMissionexpires
PU&LIC
ECF-I**JF't
CID W"11 FEB 4MCW
IXSNew Pointe sivd-. Ste 6 • Letand, 14C 28451
ThtCDtM9e9NCt0M * 91,0.343.9207

Hall, Christine
From: Hall, Christine
Sent: Monday, February 05, 2018 4:30 PM
To: 'Ronald Wiese'
Cc: Chad Whitley
Subject: RE: [External] Waterway Cove State Stormwater Permit No. SW8 070544
Thank you!
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
i'A
iiQiitGp•./P..;(s O L9i:d Port, iil�J Ca-da7%L:.,s i.:::orbjE'%:i :c? tiiP.
.;.:A.O:: Cr-i-c4iric FUhi : P'ecords / aiv aiYd nzay t E fJ7.5. I! sed "^
From: Ronald Wiese [mailto:[e-mail]]
Sent: Monday, February 05, 2018 10:57 AM
To: Hall, Christine <[e-mail]>
Cc: Chad Whitley <[e-mail]>
Subject: [External] Waterway Cove - State Stormwater Permit No. SW8 070544
i=xt - - -0`1 links or open
Christine,
Attached are a letter in response to your Notice of Inspection (1/8/2018) and updated semi-annual
report for State Stormwater Permit No. SW8 070544.
I will drop off on original copy at your office in the next day or two.
Please let me know if you have any questions.
Ron

Energy,.Mineral &
Land Resources
ENVIRONMENTAL QUALITY
January 8, 2018
WCP II, LLC
Naturewatch, LLC, Member
Buffalo Creek Investments, Inc.
Attn: Chad Whitley, President
5415 Gilboa Road
Marshville, NC 28103
Subject: Notice of Inspection —Request for Additional Information
Waterway Cove
State Stormwater Management Permit No. SW8 070544
Brunswick County
Dear Mr. Whitley:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
On January 8, 2018, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources
(DEMLR) conducted a file review of the recently submitted information for the subject project
to determine the status of compliance with the State Stormwater Management Permit Number SW8 070544
recently transferred and re -issued on October 4, 2017. DEMLR file review and site inspection revealed that
additional information is needed to confirm that the site is in compliance with the terms and conditions of this
permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached- to this
letter, which summarizes the findings of the recent inspection.
As indicated in the attached inspection report, please remember to submit the semi-annual report that was due
on December 15, 2017. To assist in tracking the BUA allocated in the recorded documents (either through the
overall subdivision restrictions or through the individual lot deeds), it is recommended to update the semi-
annual report to include a column for each lot with the related recorded deed book and page numbers. For
instance, that will assist in confirming that Lots 106 and 121 do have recorded BUA allocations.
Please be advised that until you submit the required Permit 'Transfer Application Form to the Division and
receive approval from the Division to transfer the permit, you are required to comply with the terms,
conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina
Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the operation and
maintenance of the permitted stormwater system.
Please also note that any individual or entity found to be in noncompliance with the provisions of a stormwater
management permit or the stormwater rules is subject to enforcement action as set forth in NCGS 143 Article
21, including the assessment of civil penalties of up to $25,000 per day.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-
7215 or via email at [e-mail].
Sincerely,
cav_4-tc, WA
Christine Hall
Environmental Engineer
Enc: Compliance Inspection Report
GDS\canh: \\\Stormwater\Permits & Projects\2007\070544 HD\2018 01 CEI niether 070.544
cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater Permit File
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Wilmington Regional office 1127 Cardinal Drive Extension I Wilmington, NC 28405
910 796 7715

Compliance Inspection Report
Permit: SW8070544 Effecttve:10104/17 Expiration: 07103/21
Project Waterway Cove
Owner: Wcp II LLC
County: Brunswick Adress: 1611 Waterway DrSw
Region: Wilmington
City/State/Zip: Ocean Isle Beach NC 28469
Contact Person: Chad Whitley Title: Manager Phone: [phone]
Directions to Project:
From intersection of NC 179 and NC 904 travel west approx. 0.75 miles to intersection of Waterway Dr & NC1791904. The
project is located at SE comer of this intersection.
Type of Project: State Stormwater - HD - Infiltration
Drain Areas: 1 - (Intracoastal Waterway) (03-07-59) ( SA;HQW)
2 - (Intracoastal Waterway) (03-07-59) (SA;HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 01108/2018 Entry Time: 03:30PM
Primary Inspector: Christine A Hall
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ❑ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 04:OOPM
Phone: [phone]
Inspection Type: Compliance Evaluation
page: 1

Permit: SW8070544 Owner - Project: Wcp II LLC
Inspection Date: 01/0812018 Inspection Type Compliance Evaluation
Reason for Visit: Follow-up
Inspection Summary:
Please remember to submit the semi-annual report that was due on December 15, 2017. To assist in tracking the BUA
allocated in the recorded documents (either through the overall subdivision restrictions or through the individual lot
deeds), it is recommended to update the semi-annual report to include a column for each lot with the related recorded
deed book and page numbers. For instance, that will assist in confirming that Lots 106 and 121 do have recorded BUA
allocations.
File Review Yes No NA NE
Is the permit active? H ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ■ ❑ ❑ ❑
Signed copy of the Operation i£ Maintenance Agreement is in the file? Eq ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? F. ❑ ❑ ❑
Comment: A partial certification for Phase 1 A was submitted on October 8, 2010. Please remember that per
Condition II 13 upon completion of the construction a final designer's certification must be submitted.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ® ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑
Comment: Thank you for pointing out that the amenity center was included in the total BUA allocation in the
semi-annual report Considering the amenity center was included in this total the BUA within Basin 1
is consistent with the permit.
Other Permit Conditions .
Is the site compliant with other conditions of the permit?
Yes No NA NE
❑ ❑❑■
Comment: In comparing the document recorded in Book 3984 on Page 700 with the Brunswick County Register of
Deeds on 11/13/2017 with the semi-annual report submitted earlier in 2017. it appears that lots 106 and
121 (which appear to have been sold according to this semi-annual report) is not included in the BUA
allocations. Please continue efforts to confirm that either each individual lot deed or the master
subdivision deed restrictions include BUA allocations for each lot. It is recommended to update the
semi-annual report to include a column with the deed book and page numbers of the recorded BUA
allocation for each lot.
page: 2

Hall, Christine
From: Ronald Wiese <[e-mail]>
Sent: Tuesday, November 14, 2017 2:04 PM
To: Hall, Christine
Cc: Chad Whitlev
Subject: [External] State Stormwater Management Permit No. SW8 070544
Attachments: FILED 2nd Amendment to Dec.pdf
CAUTION: External email, Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
[e-mail].
Christine,
We are in receipt of your letter dated October 4, 2017 regarding State Stormwater Management
Permit No. SW8 070544. Thank you for your assistance in completing the Name and Ownership
Change on the permit.
The letter referenced 2 items that were not in compliance with the terms and conditions of the
stormwater permit. These items are addressed individually below.....
.AOn the revised semi-annual report dated 7/28/17, the total BUA allocated to the lots within Basin
INCLUDES the actual and allowable BUA for the Amenity Center. The total allowable for the lots is
370,587 and the total allowable for the Amenity Center is 18,861 for a total allowable BUA of
389,448. The proposed allowable BUA of 389,031 as shown on the semi-annual report includes the
Amenity Center and is 417 sgft under the total allowable.
2) The attached 2nd Amendment to the Amended and Restated Declaration of Protective Covenants,
Restrictions, Easements, Charges, and Liens for Waterway cove was recorded on 11/13/17 in
Brunswick County. This document includes the maximum allowable BUA for all lots in Waterway Cove
deeded prior to 7/28/17. All individual lots deeded since 7/28/17 and those going forward have and
will continue to include the maximum allowable BUA for that particular lot.
I believe the resolution of these 2 items should bring us into compliance with Permit No. SW8
070544. Please confirm that these items have been addressed to your satisfaction and let me know if
you need any additional information from us.
Thank you,
Ron
Ron,/d G. Wiese, JR.
Preconstruction Manager
Cottage Building Company