SW8030110_Historical File_20030401

ANDREW & KUSKE John R.Andrew, P.E. John S. Tunstall, P.E.
J.A. Kuske, P.E. Neal W.Andrew, P.E.
CONSULTING ENGINEERS, INC. J. Phillip Norris, P.E. John A. Kuske, III, P.E.
James T. Pyrtle, P.E. C. Lawrence Sneeden, Jr., P.E.
902 Market Street•Wilmington, NC 28401-4733•Phone[phone]•Fax[phone]
[e-mail]
LETTER OF TRANSMITTAL
To: Linda Lewis Date: March 21, 2003 Job No.02160
NC DENR -Wilmington subject:Water's Edge @ Deerfield
Pender County
Stormwater Project No. SW8 030110
WE ARE SENDING YOU VIA MAIL FAX TRANSMITTAL: NUMBER OF PAGES
N ATTACHED ❑ UNDER SEPARATE COVER INCLUDING THIS TRANSMITTAL
❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS
❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER Call 910-343-9653 if you have any difficulty
❑ receiving this message.
COPIES DATE NO. DESCRIPTION
1 1-7-03 Copy of Letter& Preliminary Draft Covenants from Attorneys
❑ AS REQUESTED ❑ FOR REVIEW AND COMMENT 19 FOR APPROVAL
❑ FOR YOUR USE ❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US
REMARKS:
Referencing your comment letter of March 20, 2003, please include these covenants in our stormwater
package. These were previously submitted to you on February 27, 2003. If you have any questions or
comments, please feel free to call. Thank you.
cc: Terry Turner SIGNED J. Phillip Norris, P. E., /asn
CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and confidential, intended for the sole use of the
addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any dissemination,
distribution or copying of this document is strictly prohibited. If you have received this document in error please immediately notify the sender and
return to the address above.

! .kf
.:.s
HOGUE, HILL, JONES, NASH LYNCH,'L.L.P.
ATTORNEYS AT LAW
1 01 SOUTH THIRD STREET
WILMINGTON,NC 2B401
�^1.TALi1�FA�aE Jf3PiES
DAVID A.NASH P.O.DRAWER 217B
WILLIAM O.J.LYNCH
WILMINGTON,NC 28402
JAMES B.SNOW III TELEPHONE [phone]
WAYNE A.BULLARD FACSIMILE 91 O'762-6687
STACEY L.FULLER ER January 7, 2003 OF COUNSEL
G.EDWARD COLEMAN III CYRUS D.HOGUE,JR.
WILLIAM L.HILL,II(1931-2001)
J. Phillip Norris, P.E. RECEIVED
Andrew& Kuske Consulting FEB 10 2003
Engineers, Inc.
902 Market Street MDREW AND KUSKE
Wilmington, NC 28401
Dear Phil:
Attached is a preliminary draft of Covenants for Waters Edge at Deerfield. While
the restrictions may change in the future, we will not amend the stormwater provisions
once approved by DENR. We believe that the stormwater provisions contained in the
draft are in compliance with the requirements for a low density development. You
advised me that this development was a low density, non-curbing gutter project.
Please call if there is anything further that you need.
Very truly yours,
_�:t
f
William O. J. Lynch
WOJL/vms
S:\WOJLWimmyslslandLLCV4ortlsPNI-itr doc

ORAL P71 T
C2 Z�3
if yya
9
STATE OF NORTH CAROLINA DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
COUNTY OF PENDER FOR WATERS EDGE AT DEERFIELD
This Declaration, Made the_day of , 2003, by JIMMY'S ISLAND, LLCLa
North Carolina limited liability company, hereinafter referred to as "Declarant" or
"Developer"for the purposes hereinafter stated;
WITNESSETH :
Whereas, Declarant is the owner of certain real property in Pender County, North
Carolina, known as WATERS EDGE AT DEERFIELD,which is shown on a plat recorded
in the Office of the Register of Deeds of Pender County, North Carolina, in Map Book
Page , to which reference is made for a more particular description (the "Property").
NOW,THEREFORE, Declarant declares that the Property described above shall be
held,sold and conveyed subject to the North Carolina Planned Community Act set forth in
Chapter 47F of the North Carolina General Statutes (the "Act"), as well as the following
easements, restrictions, covenants, and conditions.
ARTICLE I.
DEFINITIONS
In addition to other terms defined herein, the following capitalized terms shall have
the following meanings as used herein:
SECTION 1. Additional Property shall mean and refer to any lands, in addition to
the above described Property, annexed to and made a park of the Planned Community.
SECTION 2. Allocated Interest shall mean the Common Expense Liability and votes
in the Association allocated to each Lot.

SECTION 3. Association shall mean and refer to Waters Edge Homeowners'
Association, Inc., a North Carolina non-profit corporation, its successors and assigns, the
owners association organized pursuant to the Act for the purposes set forth herein.
SECTION 4. Boat Slips shall mean the 15 boat slips shown on the above
referenced plat of the Community Boating Facility.
SECTION 5. Boat Slip Certificate shall mean the Boat Slip Certificate in the form
attached hereto as Exhibit A.
SECTION 4. Common Elements or Open Space shall mean and refer to all lands
and easements within or appurtenant to the Planned Community owned or enjoyed by the
Association, other than a Lot, and intended for the common use and enjoyment of the
Owners, including, without limitation, any private roads and storm water retention ponds
within the Planned Community.
SECTION 5. Common Expenses means expenditures made by or financial liabilities
of the Association, together with any allocations to reserves.
SECTION 6. Common Expense Liability means the liability for Common Expenses
allocated to each Lot as permitted by the Act, this Declaration or otherwise.
SECTION 9. Community Boating Facility means the riparian easement,the pier,the
floating dock, and boat slips as to be shown on the plat referenced in the preamble to
these covenants and labled "Community Boating Facility". The Community Boating Facility
shall be for the exclusive use and enjoyment of the subclass of Class A Members
designated and defined hereinafter as "Class A Members-Boating". The Association is
obligated pursuant to this Declaration to operate and maintain the Community Boating
Facility with the cost thereof being assessed only against the Class A Members-Boating as
is hereinafter provided.
SECTION 7. Declarant shall be used interchangeably with Developer (which
designations shall include singular, plural, masculine and neuter as required by the
context) and shall mean and refer to Jimmy's Island, LLC, its successors and assigns, if
such successors or assigns should acquire undeveloped property from the Declarant or a
Lot not previously disposed of for the purpose of development and reserves or succeeds to
any Special Declarant Right.
SECTION 8. Declarant Control Period shall have the meaning set forth in Article III
hereof.
2
S.\WOJLUIMMYSISLANDLLC\DECOFCOVENANTS.WPD-vms

f
SECTION 9. Declaration shall mean this instrument as it may be from time to time
amended or supplemented.
SECTION 10. Executive Board or Board shall be used interchangeably with the
Board of Directors and means the body, regardless of name,designated in this Declaration
or otherwise to act on behalf of the Association.
SECTION 11. Limited Common Elements shall mean areas and facilities within any
Lot which are for the exclusive use of the Lot Owner but which the Association is obligated
to maintain pursuant to the terms of this Declaration. The Limited Common Elements shall
consist of NONE (if none, so state).
SECTION 12. Lots shall mean and refer to any portion of the Planned Community
designated for separate ownership by a Lot Owner.
SECTION 13. Lot Owner or Owner shall mean the Declarant or other Person who
owns a fee simple title to any Lot, including contract sellers, but excluding those having
such interest merely as security for the performance of an obligation.
SECTION 14. Master Association means a master association as defined in the
Act.
SECTION 15. Person means a natural person,corporation, business trust, estate,
trust, partnership, association, joint venture, government, governmental subdivision, or
agency or other legal or commercial entity.
SECTION 16. Planned Community shall mean and refer to the Property plus any
Additional Property made a part of the Planned Community by the exercise of any Special
Declarant Right.
SECTION 17. Purchaser means any Person, other than the Declarant or a Person
in the business of selling real estate for the purchaser's own account, who by means of a
voluntary transfer acquires a legal or equitable interest in a Lot, other than(i)a leasehold
interest (including renewal options) of less than 20 years, or (ii) as security for an
obligation.
SECTION 18. Reasonable Attorneys' Fees means attorneys' fees reasonably
incurred without regard to any limitations on attorneys' fees which otherwise may be
allowed by law.
3
S:IWOJLUIMMYSISLANDLLC\DECOFCOVENANTS.WPD-vms

SECTION 19. Special Declarant Rights means rights reserved forthe benefit of the
Declarant including without limitation the right (i) to complete improvements intended or
planned by Developer for the Property or Additional Property; (ii) to exercise any
development or other right reserved to the Declarant by this Declaration or otherwise; (iii)
to maintain within the Planned Community sales offices, management offices, construction
offices/trailers, signs advertising the Planned Community, and models; (iv) to use the
Common Elements for the purpose of making improvements within the Planned
Community; (v) to make the Planned Community part of a larger planned community or
group of planned communities; (vi)to make the Planned Community subject to a Master
Association; (vii) to appoint or remove any officer or Executive Board member of the
Association or any Master Association during the Declarant Control Period or(viii)to permit
other land to be annexed to and made part of the Planned Community in accordance with
the terms of this Declaration.
SECTION 20. Stormwater Permit shall mean State Stormwater Permit#
issued by the North Carolina Division of Water Quality(DWQ), Department of Environment
and Natural Resources (DENR).
ARTICLE II.
PROPERTY RIGHTS AND EASEMENTS
SECTION 1. Owners' Property Rights and Easement of Enjoyment. Every Owner
shall have and is hereby granted a right and easement of enjoyment in and to the Common
Elements, if any, which shall be appurtenant to and shall pass with the title to every Lot,
subject to the following provisions:
A. The Association may make and amend reasonable rules and regulations
governing use of the Common Elements by the Owners;
B. The Association may grant a security interest in or convey the Common
Elements, or dedicate or transfer all or part of the Common Elements, to any public
agency, authority or utility for such purposes and subject to such conditions as may be
agreed to by at least eighty percent (80%) of the Members, excluding the Developer;
provided, however, that the Association may,without the consent of the Owners grant
easements, leases, licenses and concessions through or over the Common Elements. No
conveyance or encumbrance of Common Elements shall deprive any Lot of its rights of
access or support.
4
S.XWOJLIJIMMYSISLANDLLCIDECOFCOVENANTS.WPD-vms

C. The Declarant may grant exclusive perpetual easements to Lot Owners over any
portion of the Common Elements intended for or tabled "open space" for the installation,
operation and maintenance of septic tank drain fields.
SECTION 2. Easements in (Favor of Declarant and the Association. The following
easements are reserved to Declarant and the Association, their agents; contractors,
employees,successors and assigns:
A. Easements as necessary in the lands constituting the Common Elements and
the rear, front and side ten feet of each Lot for the installation and maintenance of utilities
and drainage facilities(including the right to go upon the ground with men and equipment
to erect, maintain, inspect, repair and use electric and telephone lines, wires, cables,
conduits,sewers,water mains and other suitable equipment forthe conveyance and use of
electricity,telephone equipment,gas, sewer,water or other public conveniences or utilities
on, in or over each Lot and such other areas as are shown on the plat of the Property or
any Additional Property recorded or to be recorded in the office of the Register of Deeds of
the county where the Planned Community is located; the right to cut drain ways, swales
and ditches for surface water whenever such action may appear to the Developer or the
Association to be necessary in order to maintain reasonable standards of health, safety
and appearance; the right to cut any trees, bushes or shrubbery; the right to make any
grading of the soil, or to take any other similar action reasonably necessary to provide
economical and safe utility installation and to maintain reasonable standards of health,
safety and appearance; and the right to locate wells, pumping stations, and tanks within
residential areas, or upon any Lot with the permission of the Owner of such Lot). No
structures or plantings or other material shall be placed or permitted to remain upon such
easement areas or other activities undertaken thereon which may damage or interfere with
the installation or maintenance of utilities or other services,or which may retard,obstruct or
reverse the flow of water or which may damage or interfere with established slope ratios or
create erosion. These easement areas (whether or not shown on the recorded plats for
the Planned Community) but not the improvements within such areas shall be maintained
by the respective Owner except those for which a public authority or utility company is
responsible.
B. Easements over all private streets, if any, access easements, and Common
Elements within the Planned Community as necessary to provide access, ingress and
egress, to and the installation of utilities for any Additional Property.
C. An easement of unobstructed access over, on, upon,through and across each
Lot and the Limited Common Elements located thereon, if any, at all reasonable times to
perform any maintenance and repair to the Limited Common Elements required by this
Declaration.
5
S:\WOJL\JIMMYSISLANDLLC\DECOFCOV ENANTS.WPD-vms

SECTION 3. Other Easements. The following additional easements are granted by
Declarant:
A. An easement to all police, fire protection, ambulance and all similar persons,
companies or agencies performing emergency services, to enter upon all Lots and
Common Elements in the performance of their duties.
B. In case of any emergency originating in or threatening any Lot or Common
Elements, regardless of whether any Lot Owner is present at the time of such emergency,
the Association or any other person authorized by it,shall have the immediate right to enter
any Lot for the purpose of remedying or abating the causes of such emergency and
making any other necessary repairs not performed by the Lot Owners.
C. The Association is granted an easement over each Lot for the purposes of
providing Lot maintenance when an Owner fails to provide maintenance and upkeep in
accordance with this Declaration.
SECTION 4. Nature of Easements. All easements and rights described herein are
perpetual easements appurtenant, running with the land, and shall inure to the benefit of
and be binding on the Declarant and the Association, their successors and assigns, and
any Owner, purchaser, mortgagee and other person having an interest in the Planned
Community, or any part or portion thereof, regardless of whether or not reference is made
in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence
of obligation, to the easements and rights described in this Declaration.
ARTICLE III.
HOMEOWNERS' ASSOCIATION
SECTION 1. Formation of Association. The Association shall be incorporated no
later than the date the first Lot in the Planned Community is conveyed. The Association
is a nonprofit corporation organized pursuant to the Nonprofit Corporation Act of the State
of North Carolina for the purpose of establishing an association for the Owners of Lots to
operate and maintain the Common Elements and any Limited Common Elements in
accordance with this Declaration, its Charter and Bylaws The Association shall be
empowered to perform and/or exercise those powers set forth in the Act as it may be
amended from time to time, in addition to any powers and authority otherwise granted to it.
6
S:\WOJLIJIMMYSISLANDLLC\DECOFCOVENANTS.WPD-vms

SECTION 2. Membership. Every Lot Owner shall be a Member of the Association.
Membership shall be appurtenant to and may not be separated from Lot ownership.
SECTION 3. Voting Rights. The Association shall have two classes of voting
Membership.
Class A. Class A Members shall be all Owners,with the
exception of the Declarant, and shall be entitled to one vote for
each Lot owned. When more than one person holds an
interest in any Lot, all such persons shall be Members. The
vote for such Lot shall be exercised as they determine, but in
no event shall more than one vote be case with respect to any
Lot. Fractional voting with respect to any Lot is prohibited.
There shall be a subclass of membership within Class A
Membership known and "Class A Membership-Boating". The
subclass shall consist of those Class A Members who hold a
Boat Slip Ceertificate.
Class B. The Declarant shall be a Class B Member and
shall be entitled to three (3) votes for each Lot owned. The
Class B Membership shall cease and be converted to Class A
Membership on the happening of any of the following events,
whichever occurs earlier:
(a) when the total vote outstanding in the Class A
Membership equals the total vote outstanding in the Class B
Membership; or
(b) on _December 31, 2006; or
(c) upon the voluntary surrender of all Class B
Membership by the holder thereof.
The period during which there is Class B Membership is sometimes referred to
herein as the "Declarant Control Period".
SECTION 4. Government Permits. After completion of construction of any facilities
required to be constructed by Declarant pursuant to permits, agreements and easements
for the Planned Community, all duties; obligations, rights and privileges of the Declarant
under any water, sewer, stormwater and utility agreements,easements and permits for the
7
S:IWOJLIJIMMYSISIANDLLCIDECOFCOVENANTS_WPD-vms

Planned Community with municipal or governmental agencies or public or private utility
companies, shall be the duties, rights, obligations, privileges and the responsibility of the
Association, notwithstanding that such agreements, easements or permits have not been
assigned or the responsibilities thereunder specifically assumed by the Association. There
are additional provisions made in this Declaration concerning stormwater facilities and the
Stormwater Permit.
SECTION 5. Common Elements. The Association shall at its sole cost and
expense be responsible for the operation and maintenance of each Common Element
within the Planned Community form the date of completion of its construction or
improvement by the Developer, whether or not (i) such Common Element has actually
been deeded to the Association, or (ii) any permit issued by a governmental agency to
Declarant for the construction and operation of the Common Element has been transferred
from the Declarant to the Association or assumed by the Association. If the Declarant is
required by any government agency to provide any operation or maintenance activities to a
Common Element for which the Association is liable to perform such operation and
maintenance pursuant to this section, then the Association agrees to reimburse the
Declarant the cost of such operation and maintenance within 30 days after Declarant
renders a bill to the Association therefor. The Association agrees to levy a Special
Assessment to cover the amount of such bill if it does not have other sufficient funds
available. Declarant shall be entitled to specific performance to require the Association to
levy and collect such Special Assessment.
SECTION 6. Architectural Control Committee. The Executive Board shall perform
all duties of the Architectural Control Committee if no such committee is appointed by it,
subject, however, to the Special Declarant Rights. Any Architectural Control Committee
appointed by the Executive Board shall consist of at least 3 members.
ARTICLE IV.
INSURANCE AND BONDS
SECTION 1. Community Boating Facility Insurance. Commencing not later than
the time of the first issuance of a Boat Slip Certivicate to a Person that is not a Declarant, it
shall be the duty of the Association to maintain in effect casualty and liability insurance
covering the Community Boating Facility as follows,to the extent it is reasonably available:
A. Amount and Scope of Insurance. All insurance policies necessary or desisrable
(except personal property of an Owner) shall be secured by the Board of Directors, or its
designee, on behalf of the Association. Such insurance shall at a minimum cover against
8
S:\WOJL\JIMMYSISLANDLLC\DECOFCOVENANTS.WPD-vrns

(1) loss or damage by fire or other hazards normally insured against in an amount after
application of any deductibles of not less than 80 percent of the replacement cost of the
insured property at the time the insurance is purchased and at each renewal date exclusive
of land excalation, foundations and other items normally excluded from property policies,
and (2) general liability insurance for each Lot, with limits of at least $1,000,000.00 for
bodily injury, including deaths of persons and property damage arising out of a single
occurrence.
B. Insurance Provisions. The Board of Directors shall make diligent efforts to insure
that the insurance policies required by this section provide for the following:
(1) a waiver of subrogation by the insurer as to any
claims against the Association, any officer, director, agent or
employee of the Association, the Lot Owners and their
employees, agents, tenants and invitees;
(2) a waiver by the insurer of its right to repair and
reconstruct instead of paying cash;
(3) coverage may not be canceled or substantially
modified (including cancellation for nonpayment of premium)
without at least thirty days prior written notice to the named
insured and all mortgagees;
(4) coverage will not be prejudiced by act or neglect of
the Lot Owners when said act or neglect is not within the
control of the Association or by any failure of the Association to
comply with any warranty or condition regarding any portion of
the Planned Community over which the Association has no
control.
(5) the master policy cannot be cancelled, invalidated
or suspended on account of the conduct of any one or more
individual Lot Owners;
(6)the master policy cannot be cancelled, invalidated or
suspended on account of the conduct of any officer or
employee of the Board of Directors without prior demand in
writing that the Board of Directors cure the defect and the
9
S:IWOJLWIMMYSISLANDLLCIDECOFCOVENANTS.WPD-vms

allowance of a reasonable time thereafter within which the
defect may be cured;
(7)each Class A Member-Boating is an insured person
under the policy to the extent of the Member's insurable
interest;
(8)if at the time of a loss under the policy,there is other
insurance in the name of a Class A Member-Boating covering
the same risk covered by the policy, the Association's policy
provides primary insurance.
C. Premiums. All premiums on the insurance policies required by this section and
any deductibles payable by the Association upon loss shall be a Common Expense paid by
the Class A Members-Boating.
D. Proceeds. All insurance policies purchased pursuant to these provisions shall
provide that all proceeds thereof shall be payable to the Board as insurance trustee or to
such attomey-at-law or institution with trust powers as may be approved by the Board of
Directors who shall hold any such insurance proceeds in trust for Class A Members-
Boating and lien holders as their interest may appear;
E. Policies. All insurance policies purchased by the Board of Directors shall be with
a company or companies permitted to do business in the State of North Carolina and
holding a rating of "A" or better by the current issue of Best's Insurance Reports. All
insurance policies shall be written for the benefit of the Board of Directors and the Class A
Mambers-Boating and their mortgagees as their respective interests may appear, and shall
provide that all proceeds thereof shall be payable to the Board of Directors.
F. Distribution of Insurance Proceeds. Subject to the provisions of Section 47F-3-
113(g) of the Act, the proceeds of insurance policies maintained by the Association
pursuant to this section shall be distributed to or for the benefit of the beneficial owners in
the following manner:
(1) all reasonable expenses of the insurance trustee
shall be first paid or provision may therefor;
(2)the remaining proceeds shall be used to defray the
cost of repairs for the damage or reconstruction for which the
proceeds are paid. Any proceeds remaining after defraying
10
S:IWOJLWIMMYSISLANDLLCIDECOFCOVENANTS.WPD-vms

such cost shall be distributed to the beneficial owners,
including lienholders of record, or retained by the Association
for such common expenses or purposes as the Board shall
determine.
SECTION 2. Individual Home Insurance. All Owners shall purchase at their
individual expense individual policies covering each Lot and Lot Owner individually.
SECTION 3. Common Element Insurance. The Board of Directors on behalf of the
Association,as a Common Expense of all Lot Owners, may at all times keep the Common
Elements and other assets of the Association insured against loss or damage by fire or
other hazards and such other risks, including public liability insurance, upon such terms
and for such amounts as may be reasonably necessary from time to time to protect such
property, which insurance shall be payable in case of loss to the Association for all
Members. The Association shall have the sole authority to deal with the insurer in the
settlement of claims. In no event shall the insurance coverage obtained by the Association
be brought into contribution with insurance purchased by Members or their mortgagees.
The Association at minimum shall maintain with regard to the Common Elements the
insurance.coverage(s) required by the Act.
SECTION 4. Fidelity Bond. The Association may maintain,as a Common Expense
paid by all Owners, blanket fidelity bonds for all officers,directors,employees and all other
persons handling or responsible for funds of the Association, as follows (provided,
however, that if the Association shall delegate some or all of the responsibility for the
handling of its funds to a management agent, such fidelity bonds shall be maintained by
such management agent for its officers, employees and agents handling or responsible for
funds of or administered on behalf of the Association):
A. The total amount of fidelity bond coverage required shall be based upon best
business judgment and shall not be less than the estimated maximum of funds, including
reserve funds, in the custody of the Association or the management agent, as the case
may be, at any given time during the term of each bond. However, in no event may the
aggregate amount of such bonds be less than a sum equal to three months aggregate
assessments on all units plus reserve funds;
B. Fidelity bonds required herein must meet the following requirements:
(1) fidelity bonds shall name the Association as an
obligee;
11
S:\WOJL\JIMMYSISLANDLLC\DECOFCOV ENANTS.WPD-vms

(2)the bonds shall contain waivers by the issuers of the
bonds of all defenses upon the exclusion of persons serving
without compensation from the definition of "employees", or
similar terms or expressions;
(3) the premiums on all bonds required herein for the
Association(except for premiums on fidelity bonds maintained
by a management agent for its officers, employees and
agents) shall be paid by the Association as a common
expense;
(4) the bonds shall provide that they may not be
canceled or substantially modified (including cancellation for
nonpayment of premium) without at least ten (10) days prior
written notice to the Association, to any insurance trustee and
each institutional holder of a first lien on any Lot.
ARTICLE V.
COVENANTS FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of Assessments. Each
Lot Owner covenants and agrees to pay to the Association the following assessments
(collectively the "Assessments"):
A. Annual Assessments;
B. Special Assessments;
C. Insurance Assessments;
D. Ad Valorem Tax Assessments; and
E. Working Capital Assessments.
The Assessments,together with interest,costs and reasonable attorney's fees, shall
be a charge on the land and shall be a continuing lien upon the respective Lot against
which the Assessments are made. Each such Assessment, together with interest, costs
and reasonable attorney's fees, shall also be the personal obligation of the Person who
12
S:IWOJLIJIMMYSISLANDLLCIDECOFCOVENANTS.WPD-vms

was the Owner of such Lot at the time when the Assessment fell due. The personal
obligation for delinquent Assessments shall not pass to the Owner's successors in title
unless expressly assumed by them.
SECTION 2. Purpose of Annual Assessments. The Annual Assessments levied by
the Association shall be used exclusively to promote the recreation, health, safety and
welfare of the Owners and residents of the Planned Community and for the maintenance,
repair and replacement of the Common Elements, the Community Boating Faciliity, and
any Limited Common.Elements. The funds arising from said assessments or charges,may
be used for any or all of the following purposes: Operations, maintenance and
improvement of the Common Elements, and any Limited Common Elements, including
payment of utilities; enforcing this Declaration; paying taxes, insurance premiums, legal
and accounting fees and governmental charges; establishing working capital;paying dues
and assessments to any organization or Master Association of which the Association is a
member; and in addition, doing any other things necessary or desirable in the opinion of
the Association to keep the Common Elements, the Community Boating Facility and
Limited Common Elements in good operating order and repair.
SECTION 3. Annual Assessments. The Executive Board shall adopt a proposed
annual budget at least 90 days before the beginning of each fiscal year of the Association.
Within 30 days after adoption of the proposed budget for the Planned Community, the
Executive Board shall provide to all of the Lot Owners a summary of the budget, by
components as established hereinafter in this Section,and notice of a meeting to consider
its ratification, including a statement that the budget may be ratified without a quorum.
Each component of the budget is ratified unless at the meeting a majority of all of the Lot
Owners in the Association entitled to vote on the component rejects the budget
component. All members shall be entitled to vote on the Common Element Component
(defined below). Only the Class A Members-Boating, shall be entitled to vote on the
Community Boating Component (defined below). In the event.the proposed budget (or
component)is rejected,the periodic budget(or component)last ratified by the Lot Owners
shall be continued until such time as the Lot Owners ratify a subsequent budget (or
component)proposed by the Executive Board. The Annual Assessment for each Lot shall
be established based on the annual budget thus adopted ;provided, however,that the first
Annual Assessment shall be set by the Declarant prior to the conveyance of the first Lot to
an Owner. The due date for payment shall be established by the Executive Board. The
Executive Board shall have the authority to require the Assessments to be paid in periodic
installments. The Association shall, upon demand, and for a reasonable charge furnish a
certificate signed by an officer of the Association setting forth whether the Assessments on
a specified Lot have been paid.
13
S_\WOJLIJIMMYSISLANDLLCIDECOFCOVENANTS.WPD-vms

A. Budget and Assessment Components: The Board shall include as a separate
component of the annual budget and of the Annual Assessments, the following:
(i) Common Element Component consisting of the annual cost of
operating and maintaining the Common Elements.
(ii) Community Boating Component consisting of the annual cost of
operating and maintaining the Commmunity Boating Facility, including
the annual premium for the insurance coverage required by Article IV,
Section 1 hereof.
B. Calculation of Annual Assessments:The Common Element Component shall be
paid equally by all Lots. The Community Boating Component shall be paid equally by the
Class A Members-Boating.
SECTION 4. Special Assessments. In addition to the Annual Assessments
authorized above, the Association may levy, in any assessment year, a Special
Assessment applicable to the year only for the following purposes:
A. To defray, in whole or in part,the cost of any construction, reconstruction, repair
or replacement of a capital improvement upon the Common Elements and any Limited
Common Elements, including fixtures and personal property related thereto, provided that
any such Special Assessment shall have the assent of two-thirds(2/3)of the Members of
each class who are voting in person or by proxy at a meeting duly called for this purpose.
Written notice of any meeting of Owners called for the purpose of approving such Special
Assessment shall be sent to all Members not less than ten (10)days nor more than sixty
(60) days in advance of the meeting.
B. Without a vote of the Members, to provide funds to reimburse the Declarant as
provided for in Article III, Section 5, hereof.
SECTION 5. . Insurance Assessments. All premiums on insurance policies
purchased by the Board of Directors or its designee and any deductibles payable by the
Association upon loss shall be a Common Expense, and the Association may at any time
levy against the Owners equally an "Insurance Assessment", in addition to the Annual
Assessments,which shall be in an amount sufficient to pay the cost of all such deductibles
and insurance premiums not included as a component of the Annual Assessment.
SECTION 6. Ad Valorem Tax Assessments. All ad valorem taxes levied against
the Common Elements, if any, shall be a common expense, and the Association may at
14
S:IWOJLIJI MMYS ISLAN DLLCIDECOFCOV ENANTS.W PD-vms

any time year levy against the Owners equally an "Ad Valorem Tax Assessment", in
addition to the Annual Assessments; which shall be in an amount sufficient to pay ad
valorem taxes not included as a component of the Annual Assessment.
SECTION 7. Working Capital Assessments. At the time title to a Lot is conveyed to
an Owner by Declarant, the Owner shall pay the sum of $100.00 to the Association as
working capital to be used for operating and capital expenses of the Association. Class A
Members-Boating shall pay an additional working capital assessment at closing of$100.00.
Such amounts paid for working capital are not to be considered as advance payment of
the Annual or any other Assessments.
SECTION 8. Rate of Assessment. The Association may differentiate in the amount
of Assessments charged when a reasonable basis for distinction exists, such as between
vacant Lots of record and Lots of record with completed dwellings for which certificates of
occupancy have been issued by the appropriate governmental authority,or when any other
substantial difference as a ground of distinction exists between Lots. However,
Assessments must be fixed at a uniform rate for all Lots similarly situated.
SECTION 9. Commencement of Assessments. Assessments for each Lot shall
commence upon the date of acceptance by an Owner of a deed from Declarant.
SECTION 10. Effect Of Nonpayment of Assessments And Remedies Of The
Association. Any Assessment or installment thereof not paid within thirty (30)days after
the due date shall bear interest from the due date at the highest rate allowable by law. The
Association may bring an action at law against the Owner personally obligated to pay the
same, or foreclose the lien against the Owner's Lot. No Owner may waive or otherwise
escape liability for the Assessments provided for herein by non-use of the Common
Elements or abandonment of his Lot. All unpaid installment payments of Assessments
shall become immediately due and payable if an Owner fails to pay any installment within
the time permitted. The Association may also establish and collect late fees for delinquent
installments.
SECTION 11. Lien for Assessments. The Association may file a lien against a Lot
when any Assessment levied against said Lot remains unpaid for a period of 30 days or
longer.
A. The lien shall constitute a lien against the Lot when and after the claim of lien is
fled of record in the office of the Clerk of Superior Court of the county in which the Lot is
located. The Association may foreclose the claim of lien in like manner as a mortgage on
real estate under power of sale under Article 2A of Chapter 45 of the General Statutes.
15
S.NWOJLIJIMMYSISLANDLLCIDECOFCOVENANTS.WPD-vms

Fees, charges, late charges, fines, interest, and other charges imposed pursuant to
Sections 47F-3-102, 47F-3-107, 47F-3-107.1 and 47F-3-115 of the Act are enforceable as
Assessments.
B. The lien under this section shall be prior to all liens and encumbrances on a Lot
except(i)liens and encumbrances(specifically including, but not limited to, a mortgage or
deed of trust on the Lot) recorded before the docketing of the claim of lien in the office of
the Clerk of Superior Court, and (ii) liens for real estate taxes and other governmental
assessments and charges against the Lot.
C. The lien for unpaid assessments is extinguished unless proceedings to enforce
the tax lien are instituted within three years after the docketing of the claim of lien in the
office of the Clerk of Superior Court.
D. Any judgment, decree, or order in any action brought under this section shall
include costs and reasonable attorneys' fees for the prevailing party.
E. Where the holder of a first mortgage or deed of trust of record, or other
purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or
.first deed of trust, such purchaser and its heirs, successors and assigns shall not be liable
for the Assessments against the Lot which became due prior to the acquisition of title to the
Lot by such purchaser. The unpaid Assessments shall be deemed to be Common
Expenses collectible from all of the Lot Owners including such purchaser, its heirs,
successors and assigns.
F. A claim of lien shall set forth the name and address of the Association,the name
of the record Owner of the Lot at the time the claim of lien is filed, a description of the Lot,
and the amount of the lien claimed.
ARTICLE VI
RIGHTS OF DEVELOPER
The Declarant shall have, and there is hereby reserved to the Declarant, the
Special Declarant Rights as herein defined and the following rights, powers and privileges
which shall be in addition to the Special Declarant Rights and any other rights, powers and
privileges reserved to the Declarant herein:
SECTION 1. The Architectural Control Committee/Executive Board. All duties and
responsibilities conferred upon the Architectural Control Committee by this Declaration or
16
S.\WOJL\JIMMYSISLANDLLC\DECOFCOV ENANTS.WPD-vms

the Bylaws of the Association shall be exercised and performed by the Declarant or its
designee, so Iona as Declarant shall own any Lot within the Property or any Additional
Property. The Declarant be entitled during the Declarant Control Period to appoint and
remove the officers and members of the Executive Board.
SECTION 2. Plan of Planned Community. The right to change, alter or re-
designate the allocated planned, platted, or recorded use or designation of any of the lands
constituting the Planned Community including, but not limited to,the right to change, alter
or re-designate road, utility and drainage facilities and easements and to change, alter or
re-designate such other present and proposed amenities, Common Elements, or facilities
as may in the sole judgment and discretion of Declarant be necessary or desirable. The
Declarant hereby expressly reserves unto itself, its successors and assigns,the right to re-
plat any one (1) or more Lots shown on the plat of any subdivision of the Property or
Additional Property in order to create one,or more modified Lots;to further subdivide tracts
or Lots shown on any such subdivision plat into two or more Lots; to recombine one or
more tracts or Lots or a tract and Lots to create a larger tract or Lot(any Lot resulting from
such recombination shall be treated as one Lot for purposes of Assessments);to eliminate
from this Declaration or any plats of the Planned Community Lots that are not otherwise
buildable or are needed or desired by Declarant for access or are needed or desired by
Declarant for use as public or private roads or access areas,whether serving the Planned
Community or other property owned by the Declarant or others, or which are needed for
the installation of utilities, Common Elements or amenities, and to take such steps as are
reasonably necessary to make such re-platted Lots or tracts suitable and fit as a building
site, access area, roadway or Common Elements.
SECTION 3. Amendment of Declaration by the Declarant. This Declaration may be
amended without Member approval by the Declarant, or the Board of the Association, as
the case may be, as follows:
A. In any respect, prior to the sale of the first Lot.
B. To the extent this Declaration applies to Additional Property.
C. To correct any obvious error or inconsistency in drafting, typing or
reproduction.
D. To qualify the Association or the Property and Additional Property, or
any portion thereof, for tax-exempt status.
17
S.NWOJLIJIMMYSISLANDLLCIDECOFCOVENANTS.WPD-vms

E. To incurpurate or reflect any platting change as permitted by this
Article or otherwise permitted herein.
F. To conform this Declaration to the requirements of any law or
governmental agency having legal jurisdiction over the Property or any Additional Property
or to qualify the Property or any Additional Property or any Lots and improvements thereon
for mortgage or improvement loans made, insured or guaranteed by a governmental
agency or to comply with the requirements of law or regulations of any 'corporation or
agency belonging to, sponsored by, or under the substantial control of the United States
Government or the State of North Carolina, regarding purchase or sale of such Lots and
improvements, or mortgage interests therein, as well as any other law or regulation relating
to the control of property, including, without limitation, ecological controls, construction
standards, aesthetics, and matters affecting the public health, safety and general welfare.
A letter from an official of any such corporation or agency, including,without limitation,the
Department of Veterans Affairs, U. S. Department of Housing and Urban Development,the
Federal Home Loan Mortgage Corporation,Government National Mortgage Corporation,or
the Federal National Mortgage Association, requesting or suggesting an amendment
necessary to comply with the requirements of such corporation or agency shall be sufficient
evidence of the approval of such corporation or agency, provided that the changes made
substantially conform to such request or suggestion. Notwithstanding anything else herein
to the contrary,only the Declarant,during the Declarant Control Period, shall be entitled to
amend this Declaration pursuant to this Section.
SECTION 4.Annexation of Additional Property. Declarant may annex to and make
a part of the Planned Community any other real property,whether now owned or hereafter
acquired by Declarant or others, and whether developed by the Declarant or others (the
"Additional Property"). Annexation of Additional Property to the Planned Community shall
require the assent of 67 percent of the Class A Members who are voting in person or by
proxy at a meeting called for this purpose; provided, however,Additional Property may be
annexed to the Planned Community without the assent of the Members so long as the
Additional Property is used for residential purposes and aminities related thereto.
ARTICLE VII.
USE RESTRICTIONS, ARCHITECTURAL CONTROL
AND MAINTENANCE
SECTION 1. Approval of Plans for Building and Site Improvements. No dwelling,
wall or other structure shall be commenced, erected, or maintained upon any Lot, nor shall
any exterior addition to or change in or alteration therein (including painting or repainting of
exterior surfaces) be made until the plans and specifications showing the nature, kind,
shape, heights, materials, colors and location of the same shall have been submitted to
18
S:\WOJL\JIMMYSISLANDLLC\DECOFCOVENANTS.WPD-vms

and approved in writing as to harmony of external design and location in relation to
surrounding structures and topography by the Architectural Control Committee. If the
Architectural Control Committee fails to approve or disapprove such design and location
within thirty (30) days after said plans and specifications have been submitted to it,
approval will not be required and this Article will be deemed to have been fully complied
with. Refusal or approval of any such plans, location or specification may be based upon
any.ground, including purely aesthetic and environmental considerations, that in the sole
and uncontrolled discretion of the Architectural Control Committee shall be deemed
sufficient. One copy of all plans and related data shall be furnished to the Architectural
Control Committee for its records. The Architectural Control Committee.shall not be
responsible for any structural or other defects in plans and specifications submitted to it or
in any structure erected according to such plans and specifications.
SECTION 2. Minimum Standards for Site Improvements.
A. Each dwelling shall have a minimum of 2,200 square feet of enclosed, heated
dwelling area; provided, however, the Architectural Control Committee may permit a
dwelling to have a minimum of 2.000 sauare feet if the Committee in its sole discretion
finds that the variance will not adversely impact property values within the Planned
Community. The term "enclosed, heated dwelling area" shall mean the total enclosed
area within a dwelling which is heated by a common heating system; provided, however,
that such term does not include garages, terraces, decks, open porches, and like areas.
B. Since the establishment of inflexible building setback lines for location of houses
on Lots tends to force construction of houses directly to the side of other homes with
detrimental effects on privacy,view, preservation of important trees and other vegetation,
ecological and related considerations, no specific setback lines shall be established by this
Declaration, except for a minimum side set-back from all side property lines of 20 feet. In
order to assure, however,that the foregoing considerations are given maximum effect,the
site and location of any house or dwelling or other structure upon .any Lot shall be
controlled by and must be approved absolutely by the Architectural Control Committee;
provided, however, that no structure shall be constructed closer to a tot line than is
permitted by applicable governmental regulations.
C. The exterior of all dwellings and other structures must be completed within
twelve (12) months after the construction of same shall have commenced, except where
such completion is impossible or would result in great hardship to the Owner or builder,
due to strikes, fires, national emergency, natural calamities, or the complexity of design
and construction.
D. All service utilities, fuel tanks, and wood piles are to be enclosed within a wall or
plant screen of a type and size approved by the Architectural Control Committee, so as to
14
S:IWOJLUIMMYSISLANDLLCIDECOFCOVENANTS.WPD-vms

preclude the same from causing an unsightly view from any highway, street or way within
the subdivision,or from any other residence within the subdivision. All mail and newspaper
boxes shall be uniform in design. Design for mail and newspaper boxes shall be furnished
by the Architectural Control Committee. Fences shall be permitted on any Lot; provided,
however, that the design, placement, and materials of any fence are approved by the
Architectural Control Committee. Clothes lines are not permitted on any Lot.
E. Off street parking for not less than two (2) passenger automobiles must be
provided on each Lot prior to the occupancy of any dwelling constructed on said Lot which
parking areas and the driveways thereto shall be constructed of concrete, brick, asphalt,or
turf stone, or any other material approved by the Architectural Control Committee.
F. All light bulbs or other lights installed in any fixture located on the exterior of any
building or any Lot for the purpose of illumination shall be clear,white or non-frost lights or
bulbs.
SECTION 3. Use Restrictions.
A. Land Use And Building Type. No Lot shall be used for any purpose except for
residential purposes, subject, however,to the rights of the Declarant contained herein. All
numbered Lots are restricted for construction of one single family dwelling (plus, a
detached garage, if there is not one attached to the residence, and such other accessory
buildings as may be approved by the Architectural Control Committee).
B. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor
shall anything be done thereon which may be or may become an annoyance or nuisance
to the neighborhood. There shall not be maintained any plants or animals, nor device or
thing of any sort whose normal activities or existence are in any way noxious, dangerous,
unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other
Lots by the Owners thereof. It shall be the responsibility of each Owner to prevent the
development of any unclean, unsightly or unkept condition of buildings or grounds on the
Owner's Lot which would tend to decrease the beauty of the neighborhood as a whole or
the specific area.
C. Temporary Structures. No structure of a temporary character,trailer, basement,
tent, shack, garage, bam or other outbuilding shall be used on any Lot any time as a
residence either temporarily or permanently without the written consent of the Architectural
Control Committee.
D. Vehicles/Boats/Piers. No boat, motor boat, camper, trailer, motor or mobile
homes, tractor/trailer, or similar type vehicle, shall be permitted to remain on any Lot or on
any street at any time, without the written consent of the Association. No inoperable
20
S.NWOJL\JIMMYSISLANDLLC\DECOFCOVENANTS.W PD-vms

vehicle or vehicle without current registration and insurance will be permitted on any Lot,
street or Common Element. The Association shall have the right to have all such vehicles
towed away at the owner's expense. No repairs to any vehicle may be made on streets or
in driveways but only in garages or other areas and not visible from the street. A Class A
Member-Boating shall not be entitled to build any pier of dock over the waters adjacent to
the Members Lot.
E. Animals. No animals, livestock or poultry of any kind shall be kept or maintained
on any Lot or in any dwelling except that dogs, cats or other household pets may be kept
or maintained provided that they are not kept or maintained for commercial purposes and
provided further that they are not allowed to run free, are at all times kept properly leashed
or under the control of their owner and do not become a nuisance.
F. Statuary, TV Satellite Dishes and Outside Antennas. No yard statuary or TV
satellite signal receiving dishes are permitted on any Lot and no outside radio or television
antennas shall be erected on any Lot or dwelling unit unless and until permission for the
same has been granted by the Architectural Control Committee; provided, however,
satellite dishes not over 18" in diameter which cannot be seen from the street are
permitted.
G. Construction in Common Elements. No Person shall undertake,cause, or allow
any alteration or construction in or upon any portion of the Common Elements except at
the direction or with the express written consent of the Association.
H. Signs. No signs(including "for sale"or"for rent" signs)shall be permitted on any
Lot or in the Common Elements without permission of the Executive Board; provided,
however,the Declarant may, so long as Declarant owns any Lot, maintain for sale signs on
Declarant's Lots and maintain signs on the Common Elements advertising the Plannned
Community.
I. Subdividing. Subject to any rights reserved to the Declarant herein, no Lot shall
be subdivided, or its boundary lines changed except with the prior written consent of the
Declarant during the Declarant Control Period and thereafter by the Board of Directors.
J. Wells and Septic Tanks. The location of all wells, septic tanks or other sewerage
disposal systems must be approved by the Architectural Control Committee.
SECTION 4. Maintenance. Each Lot Owner shall keep his Lot free from weeds,
underbrush or refuseldirt piles, or unsightly growth or objects. All structures shall be kept
neat and in good condition and repair. All shrubs, trees, grass and plantings shall be kept
neatly trimmed and properly.cultivated. All septic tank drain fields shall be properly
C14
L 1
S.XWOJUJIMMYSISLANDLLCIDECOFCOVENANTS_WPD-vms

maintained in good working order and in accoraance with the rules and regulations of
applicable governmental agencies.
ARTICLE VIII
STORMWATER PERM IT/FACILITES
SECTION 1. Stormwater Permit. The Association and each of its Members agree
that at anytime after(i)all work required under the Stormwater Permit has been completed
(other than operation and maintenance activities), and (ii)the Developer is not prohibited
under DENR regulations from transferring the Stormwater Permit for the Planned
Community to the Association,the Association's officers wihtout any vote or approval of Lot
Owners, and within 10 days after being requested to do so,will sign all documents required
by DENR for the Stormwater Permit to be transferred to the Association; provided,
however,that at the time the Developer requests that the Association accept transfer of the
Stormwater Permit, the Developer has delivered to the Association a certificate from an
engineer licensed in the State of North Carolina, dated no more than 45 days before the
date of the request, that all stormwater retention ponds, swales and related facilities are
constructed in accordance with the plans and specifications therefore. If the Association
fails to sign the documents required by this paragraph, the Developer shall be entitled to
specific performance in the courts of North Carolina requiring that the appropriate
Association officers sign all documents necessary for the Stormwater Permit to be
transferred to the Association. Failure.of the officers to sign as provided herein shall not
relieve the Association of its obligations to operate and maintain the stormwater facilities
covered by the Stormwater Permit.
SECTION 2. Stormwater Facilities O & M. Any stormwater retention ponds and
related facilities for the Planned Community which have or are to be constructed by or on
behalf of Declarant constitute Common Elements and, subject only to the provisions of
Section 3 of this Article VI I,the Association, at its sole cost and expense, is responsible for
the operation and maintenance of such facilities. Such O & M shall include, but not be
limited to, compliance with all of the terms and obtaining any renewals of the Stormwater
Permit. Except as provided in Section 3 of this Article VII,the Association shall indemnify
and hold harmless the Developer form any obligations and costs under the Stormwater
Permit for operation and maintenance of the stormwater retention ponds and related
facilities.
SECTION 3. Damage to Storm Water Facilities. The Declarant shall at its sole cost
and expense be responsible for repairing any damage to storm water facilities caused by
the Developer's development activities. The Developer shall not be responsible for
22
S:IWOJLWIMMYSISLANDLLCIDECOFCOVENANTS.WPD-vms

damages to stormwater retention ponds and related facilities caused by any other cause
whatsoever; including but not limited to construction of residences or other activities by
Owners, their agents and contractors, upon their Lots, acts of God, and the negligence of
others. Lot Owners shall be responsible for damages to such stormwater facilities caused
by construction of buildings or other activities upon the Owner's Lot. Each Owner, shall
within 30 days after receipt of notice of damage to stormwater facilities, repair the damage
at the Owner's sole cost and expense to return them to the state required by the storm
water plans and specifications for the Planned Community. If the Lot Owner fails to do so
within said 30-day period, the Association shall perform the work and the cost of the work
shall be added to the Annual Assessment due from the Lot Owner.
SECTION 4. Enforcement Of Storm Water Runoff Regulations.
A. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number , as issued by the
Division of Water Quality under NCAC 21-1.1000.
B. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the stormwater management permit.
C. These covenants are to run with the land and be binding on all persons and
parties claiming under them.
D. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division of Water
Quality.
E. Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water Quality.
F. The maximum allowable built-upon area per lot is 9,743 square feet. This
allotted amount includes any built-upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the edge
of the pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open
wood decking, or the water surface of swimming pools.
G. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is strictly
prohibited by any persons.
t-l. Each lot will maintain a 30' wide vegetated buffer between all impervious
areas and surface waters.
23
S.XWOJLUIMMYSISLANDLLCIDECOFCOV ENANTS.WPD-vms

I. All roof drains shall terminate at least 30' from the mean high water mark of
surface waters.
J. Lots within CAMA's Area of Environmental Concern may have the permitted
maximum built-upon area reduced due to CAMA jurisdiction within the AEC.
ARTICLE IX.
COMMUNITY BOATING FACILITY
SECTION 1. Establishment of Facility. There is hereby established a Community
Boating Facility as defined herein. The Community Boating Facility shall constitute a part
of the Common Elements of the Development.
SECTION 2. Use of Limited Common Elements. Each Boat Slip will be assigned to
a Lot pursuant to a Boat Slip Certificate in the form attached hereto as Exhibit A(however,
there are not enough Boat Slips for a Boat Slip Certificate to be issued to every Lot) . Only
Lot Owners or persons renting the Lot Owner's residence shall be entitled to use the boat
slips. Title to a Boat Slip Certificate may not be separated from Lot ownership but Boat
Slips may be transferred among Lot Owners.
SECTION 3. Use Restriction. The Community Boating Facility may not be used for
more than 15 Boat Slips. Boats of 24 feet or less with no cabins or head are permitted. No
gasoline sales or other commercial activity shall be permitted. No motor vehicles or boat
trailers shall be permitted on site and access shall be limited to the 10' pedestrian
easement. Notwithstanding the foregoing, motor vehicles may use the temporary parking
spaces/drop-off area constituting a part of the Community Boating Facility. In addition to
the other use restrictions contained in this Declaration, the following use restrictions shall
also apply to the Community Boating Facility:
A. Nuisances. No noxious or offensive activity shall be carried on upon any boat,
Boat Slip or'Common Area, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to the neighborhood. There shall not be maintained
any plants or animals, nor device or thing of any sort whose normal activities or existence
are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish
or destroy the enjoyment of other Boat Slips. It shall be the responsibility of each holder of
a Boat Slip Certificate to prevent the development of any unclean, unsightly or unkept
condition of the Boat Slip or any boat using it.
24
S:IWOJLIJIMMYSISLANDLLCIDECOFCOVENANTS.W PD-vms

B. Devices and Structures. No device, structure or other thing shall be located or
maintained on any dock or ether Common Area except one dock box per Boat Slip, the
design and location of which must be approved by the Association. All fishing gear and
other marine devices and equipment when not in use shall be stored on board or in a dock
box.
C. Boats. No "tramp vessels", "derelict vessels", barges, or commercial vessels
may be moored in any Boat Slip. All boats shall be maintained in a neat, clean, ship
shape, and seaworthy condition. No inoperable boat without current registration and
insurance,will be permitted in any Boat Slip. The Association shall have the right to have
all prohibited boats towed away and stored at the expense of the holder of the Boat Slip
Certificate. No major repairs or complete overhauls to any boat may be made at a Boat
Slip. Boats may not be used as permanent residences.
D. Signs. No signs(including "for sale"or"for rent"signs)shall be permitted on any
Boat Slip or in the Common Areas.
E. Trash Disposal. Newspapers, magazines and other similar items must be placed
In a solid waste container. Garbage and other perishable items shall be placed in a plastic
bag secured at the top and placed in the solid waste container. Loose garbage shall not
be deposited anywhere. No trash or empty boxes of any kind shall be left on the
dockways. No one shall throw, discharge, pump or deposit from any boat or float any
refuse, oil, spirits, flammable liquid or polluting matter in the harbor. All such matter shall
be deposited at approved oil disposal facilities. Waste material such as paper, beer or
drink cans, cigarette stubs, trash, etc., must not be thrown from the boats or dock areas.
F. Dockways. Children under twelve(12)years of age are not permitted on docks
without the immediate presence of a parent or other responsible adult. Parents shall not
allow children to run and play on the dockways. Dockways shall be kept clear and
uncluttered.
G. Moorina/Storm Precautions. To prevent damage from weather or storms,
adequate mooring lines must be properly secured and maintained,and all outside property
shall be battened down, secured, or placed inside the boat. The Association may order
boats immediately removed from their slips in the event of impending hurricanes or other
storms in order to protect the docks and other Common Areas. Upon the issuance of any
such order, each holder of a Boat Slip Certificate shall immediately remove his boat from
the Boat Slip or cause any tenant using the Boat Slip to do so. Any damage caused to the
common area o�� account of failure to remove a boat in acrcordan^v^c with such order shall
25
S:IWOJLWIMMYSISLANDLLCIDECOFCOVENANTS.WPD-vms

be repaired by the Association at the sole cost and expense of the Boat Slip Certificate
holder failing to remove or cause the removal of the boat.
H. Guests. Every holder of a Boat Slip Certificate shall insure that his guests and
tenants abide by this Declaration and all rules and regulations and shall be responsible to
the Association for any violation. The number of guests permitted at any one time may be
limited by the Association.
I. Fish Cleaning. Fish cleaning of any kind will not be permitted at the Development
except at a place or places designated by the Board of Directors:
J. Operation of Engines. Unnecessary operation of engines in slips is not
permitted. Engines may not be operated in gear while boats are moored.
K. Water/Power Lines and Connections. Water or power lines shall not be left
unattended across main walks. All connections to electrical receptacles shall be with
marine grade cords only. All accessory cords shall be maintained in a good, safe operating
condition. Frayed cords shall promptly be replaced at the Boat Slip Certificate holder's
expense.
L. Speed Limit. The speed limit within the Community Boating Facility shall be
dead slow, or wakeless speed, whichever is slower.
M. Animals. Animals shall be leashed at all times when on the premises. No
animals shall be tied to any part of the dock, including fingers or dock boxes. Animals shall
be physically kept on board at all times. The owner of an animal is responsible for cleaning
up pet feces and urine.
N. Alterations. No part of the docks, utility posts or any other Common Area. may
be altered in any way.
O. Safety and Compliance with Law. All persons using the facilities shall do so
lawfully and in such fashion as to maintain and preserve those facilities and the Common
Area. Each person shall be responsible for his/her own conduct and safety. All persons
shall comply with all applicable governmental ordinances.
SECTION 4. Profits. Notwithstanding that the Boat Slip Certificates are issued by
the Association, the proceeds, if any, from the initial sale or. transfer of Boat Slip
Certificates shall belong to and be the sole property of the Developer. When requested to
do so by the Developer, the Association will issue Boat Slip Certificates without charge.
26
S:IWOJLWIMMYSISLANDLLCIDECOFCOVENANTS.W PD-vms

The Association shall not issue any initial Boat Slip Certificate except at the direction of the
Developer.
SECTION 5. Transfer of Certificate. Upon the transfer of a Boat Slip Certificate,the
transferring holder shall surrender the applicable Certificate to the Association and a new
Certificate shall be issued by the Association to the new holder. The Association shall be
entitled to charge a reasonable administrative fee for handling the transfer.
ARTICLE X
LOTS SUBJECT TO DECLARATION/ENFORCEMENT
SECTION 1. Lots Sublect to Declaration. The covenants and restrictions contained
in this Declaration are for the purpose of protecting the value and desirability of the
Planned Community and the Lots. All present and future Owners,tenants and occupants
of Lots and their guests or invitees, shall be subject to,and shall comply with the provisions
of the Declaration, and as the Declaration may be amended from time to time. The
acceptance of a deed of conveyance or the entering into of a lease or the entering into
occupancy of any Lot shall constitute an agreement that the provisions of the Declaration
are accepted and ratified by such Owner, tenant or occupant. The covenants and
restrictions of this Declaration shall run with and bind the land and shall bind any person
having at any time any interest or estate in any Lot,their heirs, successors and assigns,as
though such provisions were made a part of each and every deed of conveyance or lease,
for a term of twenty(20)years from the date this Declaration is recorded, after which time
they shall be automatically extended for successive periods of ten (10) years, unless
terminated by the Lot Owners.
SECTION 2. Enforcement and Remedies. The covenants and restrictions of this
Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in
equity) by the Association, or the Owner of any Lot,their respective legal representatives,
heirs, successors and assigns. The Executive Board shall be entitled to enforce its Articles
of Incorporation, Bylaws and Rules and Regulations. In addition to the remedies otherwise
provided for herein concerning the collection of Assessments,the following remedies shall
be available:
A. Association to Remedy Violation. In the event an Owner(or other occupant of a
Lot)is in violation of orfails to perform any maintenance or other activities required by this
Declaration, the Association's Bylaws, Charter or Rules and Regulations, the Executive
Board, after 30-days notice, may enter upon the Lot and remedy the violation or perform
the required maintenance or other activities, all at the expense of the Owner. The full
27
S:IWOJLIJIMMYSISLANDLLC%DECOFCOVENANTS.WPD-vms

amount of the cost of remedying the violation or performing such maintenance or other
activities shall be chargeable to the Lot, including collection costs and reasonable
attorneys' fees. Such amounts shall be due and payable within 30 days after Owner is
billed. If not paid within said 30 day period,the amount thereof may immediately be added
to and become a part of the Annual Assessment levied against said Owner's Lot. In the
event that any maintenance activities are necessitated to any Common or Limited Common
Elements by the willful act or active or passive negligence of any Owner, his family,guests,
invitees or tenants, and the cost of such maintenance, repair or other activity is not fully
covered by insurance,then, at the sole discretion of the Board of Directors,the cost of the
same shall be the personal obligation of the Owner and if not paid to the Association upon
demand, may immediately be added to and become a part of the Annual Assessment
levied against said Owner's Lot.
B. Fines. The Association may in accordance with the procedures set forth in the
Act establish a schedule of and collect fines for the violation of this Declaration or of the
Association's Articles of Incorporation, Bylaws or Rules and Regulations. If an Ownerdoes
not pay the fine when due,the fine shall immediately become a part of and be added to the
Annual Assessment against the Owner's Lot and may be enforced by the Association as all
other Assessments provided for herein.
C. Suspension of Services and Privileges. The Association may in accordance with
the procedures set forth in the Act suspend all services and privileges provided by the
Association to an Owner(other than rights of access to Lots)for any period during which
any Assessments against the Owner's lot remain unpaid for at least 30 days or for any
period that the Owner or the Owner's Lot is otherwise in violation of this Declaration or the
Association's Charter, Bylaws, or Rules and Regulations.
SECTION 3. Miscellaneous. Failure by the Association or by an Owner to enforce
any covenant or restriction herein contained shall in no event be deemed a waiver of the
right to do so thereafter. The remedies provided herein are cumulative and are in addition
to any other remedies provided by law.
ARTICLE XI.
GENERAL PROVISIONS
SECTION 2. Rights of Institutional Note Holders. Any institutional holder of a first
lien on a Lot will, upon request, be entitled to (a) inspect the books and records of the
Association during normal business hours, (b) receive an annual audited financial
statement of the Association within ninety(90)days following the end of its fiscal year, (c)
28
S.\WOJUJIMMYSISLANDLLC\DECOFCOVENANTS.WPD-vms

receive written notice of all meetings of the Association and right to designate a
representative to attend all such meetings,(d) receive written notice of any condemnation
or casualty loss that affects either a material portion of the Planned Community or the
property securing its loan, (e)receive written notice of any sixty-day(60)delinquency in the
payment of Assessments or charges owed by any Owner of any property which is security
for the loan, (f) receive written notice of a lapse, cancellation, or material modification of
any insurance policy or fidelity bond maintained by the Association, (g) receive written
notice of any proposed action that requires the content of a specified percentage of
mortgage holders, and (h) be furnished with a copy of any master insurance policy.
SECTION 3. Utility Service. Declarant reserves the right to subject the Property to
contracts for the installation of utilities, cable TV and street lighting, which may require an
initial payment and/or a continuing monthly payment by the Owner of each Lot. Each Lot
Owner will be required to pay for any water connections,sewer connections, impact fees or
any other charges imposed by any entity furnishing water, sewer or other utility service to
the Lots. In the alternative,the Developer may collect such connection, impact and other
fees, and charges directly from the Lot Owners. All Lot Owners shall be required, for
household purposes, to use water and sewer supplied by the companies/govemmental
units servicing the Planned Community. Separate water systems for outside irrigation and
other outdoor uses shall not be permitted without the consent of the Architectural Control
Committee.
SECTION 4. Severability. Invalidation of any one of these covenants or restrictions
by judgment or court order shall in no way affect any other provisions which shall remain in
full force and effect.
SECTION 5. Amendment of Declaration. Except in cases of amendments that may
be executed by the Declarant under this Declaration or by certain Lot Owners under
Section 47F-2-118(b) of the Act, this Declaration may be amended by affirmative vote or
written agreement signed by Owners of Lots to which at least sixty-seven percent(67%)of
the votes in the Association are allocated,or by the Declarant if necessary for the exercise
of any Special Declarant Right or development or other right reserved to the Declarant
herein.
29
S:\WOJLWIMMYSISLANDLLC\DECOFCOVENANTS.WPD-vms

SECTION 6. FHA/VA Approval. So long as there is Class B mempersnip,
annexation of Additional Properties,dedication of Common Elements and amendments to
this Declaration must be approved by the Federal Housing Administration and/or the
Department of Veterans Affairs, as the case may be, if either of those agencies has
approved the making, insuring or guaranteeing of mortgage loans within the Planned
Community.
SECTION 7. North Carolina Planned Community Act. It is the intent of the
Declarant to comply with the requirements imposed on the Planned Community by the Act
and to the extent any of the terms of this Declaration violate the Act, the terms of the Act
shall control.
IN TESTIMONY WHEREOF, Declarant has caused this Declaration to be
signed in its corporate name by its president pursuant to authority of Declarant's Board of
Directors as of the day and year first above written.
JIMMY'S ISLAND, LLC
By:
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the county and state aforesaid, certify that
personally appeared before me this day and
acknowledged that he is Member/Manager of JIMMY'S ISLAND, LLC and further
acknowledged the due execution of this instrument on behalf of JIMMY'S ISLAND, LLC,
the limited liability company. Witness my hand and official stamp or seal, this
day of , 20_.
Notary Public
My commission expires:
(SEAL)
30
S:\WOJL\.JIMMYSISLANDLLC\DECOFCOVENANTS.WPD-Vms

ofwarFR
A4G Michael F. Easley, Governor
cry r William G. Ross Jr., Secretary
j North Carolina Department of Environment and Natural Resources
Du
Alan W. Klimek, P.E. Director
Division of Water Quality
March 20, 2003
Mr. Terry Turner, Manager
Jimmy's Island, LLC
1904 Eastwood Road, Suite 212
Wilmington,NC 28403
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 030110
Water's Edge at Deerfield
Pender County
Dear Mr. Turner:
The Wilmington Regional Office received a Stormwater Management Permit Application
for Water's Edge at Deerfield on January 21, 2003. A preliminary review of that information
has determined that the application is not complete. The following information is needed to
continue the stormwater review:
1. Please provide a copy of the proposed deed restrictions to include all required
conditions and limitations.
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received by this Office prior to April 20, 2003, or
the application will be returned as incomplete. The return of a project will necessitate resubmittal
of all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this letter. The
request must indicate the date by which you expect to submit the required information. The
Division is allowed 90 days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject
to enforcement action pursuant to NCGS 143-215.6A.
N.C.Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service '7
Wilmington Regional Office Wilmington,NC 28405 [phone] Fax [phone] WCN-

Mr. Turner
March 20, 2003
Stormwater Project No. SW8 030110
Please reference the State assigned project number on all correspondence. Any original
documents that need to be revised have been sent to the engineer or agent. All original
documents must be returned or new originals must be provided. Copies are not acceptable. If
you have any questions concerning this matter please feel free to call me at(910) 395-3900.
Sincerely,
4OJAA4�f-- J'-/LU—V-/VL/
Laurie Munn
Environmental Engineer
RSS/:lsm S:\WQS\STORMWAT\ADDINFO\2003\030110.mar03.doc
cc: Laurie Munn
J. Phillip Norris,P.E.

w
Andrew & Kuske
CONSULTING ENGINEERS, INC. John R.Andrew,RE. J.Phillip Norris,P.E.
902 Market Street Wilmington,NC 28401-4733 John S.Tunstall,P.E. Neal W.Andrew,P.E.
John A.Kuske,III,P.E. J.A.Kuske,P.E.of Counsel
910/343-9653 910/343-9604 Fax
www.andrewandkuske.com James T. Pyrtle,P.E. C.Lawrence Sneeden,Jr.,P.E.
January 20, 2003
Ms. Linda Lewis, Environmental Engineer RTCEM .0
NC DENR Division of Water Quality
127 Cardinal Drive Extension JAN 2
Wilmington, NC 28405-3845 $1r.-o30/
Re: State Stormwater Permit Submittal
Water's Edge at Deerfield
Hampstead, NC
A & K Project No. 02160
Dear Ms. Lewis:
Enclosed are two (2) sets of plans for the subject project, one (1) set of
calculations, the original Division of Water Quality Stormwater Management
Permit application, the original SWU-104 supplement form, one (1) copy of the
stormwater narrative and a $420.00 check for the processing fee.
Please review this information for approval and contact us with any questions or
comments you may have. Thank you for your assistance on this project.
Sincerely,
ANDREW& KUSKE
CONSULTIN NGINEERS, INC.
J. hillip ris, P.E.
JP /asn
2160 01-20-03-s-sw-Rr
Enclosures
cc: Terry Turner

D e n Desi �
g Andrew and Kuske [Sheet
1 a� 902 Market St. CONSULTING ENGINEERS,INC. Wilmington,N.C.28401 Ot �Z.
X=4�Check Job For ei Job No.
to
I
iW eo
Verde, Ftlorc.�
co r
���aa oRn�•
CA +s
•
AL
-�
11966
� .,goy• a � �� �\�':
II
I
II
C

Lot 6\7 Pipe
Worksheet for Circular Channel
Project Description
Project File c:\haestadIfmmAwatees.fm2
Woi KSheet Lot 617 Pipe
Flow Element Circular Channel
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coefficient 0.013
Channel Slope 0.001500 ft/ft
Diameter 15.00 in
Discharge 1.51 cfs
Results
Depth 0.70 ft
Flaw Area 0.71 ftz
Wetted Perimeter 2.11 ft
Top Width 1.24 ft
Critical Depth 0.49 ft
Percent Full 56.04
Critical Slope 0.005315 ft(ft
Velocity 2.13 ft/s
Velocity Head 0.07 ft
Specific Energy 0.77 ft
Froude Number 0.50
Ma)amum Discharge 2.69 cfs
Full Flow Capacity 2.50 cfs
Full Flow Slone 0.000546 ftt t
Flow is subcritical.
OU20J03 FkNwMaster v5.13
01:00:47 PM Haestad Methods,hic. 37 Brookside Road Waterbury,CT 06708 [phone] Page 1 of 1

Lot 8\9 Pipe
Worksheet for Circular Channel
Project Description
Project File c:\haestad\fmwlwater's.fm2
Worksheet Lot 8\9 Pipe
Flow Element Circular Channel
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coefficient 0.013
Channel Slope 0.001500 Rift
Diameter 15.00 in
Discharge 0.90 cfs
Results
Depth 0.52 ft
Flow Area 0.48 w
Wetted Perimeter 1.75 ft
Top Width 1.23 ft
Critical Depth 0.37 ft
Percent Full 41.46
Critical Slope 0.005210 ft(ft
Velocity 1.87 ft/s
Velocity Head 0.05 ft
Specific Energy 0.57 ft
Froude Number 0.53
Ma)amum Discharge 2.69 cfs
Full Floor Capacity 2.50 cfs
Full Flow Slope 0.000194 ft/ft
Flow is subcritical.
01/20/03 FlowMaster v5.13
12:W:12 PM Flaestad Methods,Inc. 37 Brookside Road Waterbury,CT 08703 1203)755-1566 Page 1 of 1

Lot 10111 Pipe
Worksheet for Circular Channel
Project Description
Project File c:\haestad\fmw\wateVs.fm2
Worksheet Lot 10111 Pipe
Flow Element Circular Channel
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coefficient 0.013
Channel Slope 0.001500 ft/ft
Diameter 15.00 in
Discharge 1.30 cfs
Results
Depth 0.64 ft
Flow Area 0.63 fF
Wetted Perimeter 1.99 ft
Top Width 1.25 ft
Critical Depth 0.45 ft
Percent Fuil 51.15
Critical Slope 0.005260 ft/ft
Velocity 2.06 ft/s
Velocity Head 0.07 ft
Specific Energy 0.71 ft
Froude Number 0.51
Ma)dmum Discharge 2.69 cfs
Full Flow Capacity 2.50 cfs
Full Flaw Slope 0.000405 ft/ft
Flow is subcritical.
01/20/03 FlowMaster v5.13
12:56:16 PM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 06708 (203)75&1666 Page 1 of 1

Lot 12\13 Pipe
Worksheet for Circular Channel
Project Description
Project File cAhaestad\fmwlwater's.fm2
Worksheet Lot 12\13 Pipe
Flow Element Circular Channel
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coefficient 0.013
Channel Slope 0.001500 ft/ft
Diameter 15.00 in
Discharge 1.60 cfs
Results
Depth 0.73 ft
Flow Area 0.74 fF
Wetted Perimeter 2.17 ft
Top Width 1.23 ft
Critical Depth 0.50 ft
Percent Full 58.12
Critical Slope 0.005343 ft/ft
Velocity 2.16 ft/s "'�"r' G�
Velocity Head 0.07 ft
Specific Energy 0.80 ft
Froude Number 0.49
Ma)amum Discharge 2.69 cfs
Full Flow Capacity 2.50 cfs
Full Flow Slope 0.000614 ft/ft
Flow is subcritical.
01/20/03 FlowMaster v5.13
12:54:01 PM! Haested Methods,Inc. 37 Brookside Road Waterbury,CT 06708 (203)755-16W Page 1 or 1

Lot 15\16 Pipe
Worksheet for Circular Channel
Project Description
Project File c:lhaestadlfmwlwaters.fm2
Worksheet Lot 15116 Pipe
Flow Element Circular Channel
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coefficient 0.013
Channel Slope 0.001500 ftt t
Diameter 15.00 in
Discharge 2.50 Cis.
Results
Depth 1.02 ft
Flow Area 1.08 ft2
Wetted Perimeter 2.83 ft
Top Width 0.96 ft
Critical Depth 0.63 ft
Percent Full 81.90
Critical Slope 0.005733 ft/ft
Velocity 2.32 ft/s
Velocity Head 0.08 ft
Specific Energy 1.11 ft
Froude Number 0.39
Mwdmum Discharge 2.69 cfs
Full Flow Capacity 2.50 cis
Full Flow Slope 0.001498 ftfft
Flow is subcritical.
01/20/03 FlowMaster v5.13
12:50:34 PM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 06708 [phone] Page 1 of 1

i
Lot 617 Swale
Worksheet for Triangular Channel
Project Description
Project File c:lhaestadlfmwlwatees.fm2
Worksheet Lot 617 Swale
Flow Element Triangular Channel
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coefficient 0.022
Channel Slope 0.045500 ft!ft
Left Side Slope 5.000000 H :V
Right Side Slope 5.000000 H :V
Discharge 1.90 cfs
Results
Depth 0.31 ft
Flow Area 0.47 ft2
Wetted Perimeter 3.12 ft
Top Width 3.06 ft
Critical Depth 0.39 ft
Critical Slope 0.012489 fV t
Velocity 4.07 ft/s A*--- wf rN LO#` L�
Velocity Head 0.26 ft
Specific Energy 0.56 ft
Froude Plumber 1.83
Flow is supercritical.
nimo n3 RaaMaster v5.13
01:13:41 PM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 06708 [phone] Page 1 of 1

Lot M Swale
Worksheet for Triangular Channel
Project Description
Project File c:lhaestadlfmwlwaters.fm2
Worksheet Lot 819 Swale
Flow Element Triangular Channel
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coefficient 0.022
Channel Slope 0.062500 ftfft
Left Side Slope 5.000000 H :V
Right Side Slope 5.000000 H :V
Discharge 1.30 ofs
Results
Depth 0.25 ft
Flow Area 0.31 ftz
Wetted Perimeter 2.55 ft
Top Width 2.50 ft
Critical Depth 0.33 ft
Critical Slope 0.013136 ft/ft t
Velocity 4.16 ftfs 4� ��. V J M✓ (J'1
Velocity Head 0.27 ft 111
Specific Energy 0.52 ft
Froude Number 2.08
Flaw is supercritical.
01/20/03 FlowMaster v5.13
01:11:58 PM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 08708 [phone] Page 1 or 1

Lot 1 0\1 1 Swale
Worksheet for Triangular Channel
Project Description
Project File c:VhaestadNfmwlwaters.fm2
Worksheet Lot 10\11 Swale
Flow Element Triangular Channel
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coefficient 0.022
Channel Slope 0.042900 fttft
Left Side Slope 5.000000 H :V
Right Side Slope 5.000000 H :V
Discharge 1.80 cfs
Results
Depth 0.30 ft
Flow Area 0.46 ft=
Wetted Perimeter 3.09 ft
Top Width 3.03 ft
Critical Depth 0.38 ft
Critical Slope 0.012580 fttft
Velocity 3.92 ft/s 40-- D W! M v�•G
Velocity Head 0.24 ft
Specific Energy 0.54 ft
Froude Number 1.78
Flaw is supercritical.
01120= FlowMaster v5.13
01:10:05 PM Haested Methods,Inc. 37 Brookside Road Waterbury,CT 06708 [phone] Page 1 of 1

Lot 12\13 Swale
Worksheet for Triangular Channel
Project Description
Project File cAhaestad\fmw\water's.fm2
Worksheet Lot 12\13 Swale
Flow Element Triangular Channel
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coefficient 0.022
Channel Slope 0.075000 ft/ft
Left Side Slope 5.000000 H :V
Right Side Slope 5.000000 H:V
Discharge 2.00 cfs
Results
Depth 0.28 ft
Flow Area 0.40 ftz
Wetted Perimeter 2.89 ft
Top Width 2.84 ft
Critical.Depth 0.40 ft
Critical Sk)pe 0.012404 ft/ft
Velocity 4.97 fVs 1•r�� mV��'
Velocity Head -0.38 ft
Specific Energy 0.67 ft
Froude Number 2.32
Flow is supercritical.
01/20/03 FlowMaster v5.13
01:08:13 PM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 06708 [phone] Rage i of 1

5
Lot 15\16 Swale
Worksheet for Triangular Channel
Project Description
Project File c:\haestadlfmw\water's.fm2
Worksheet Lot 15\16 Swale
Flow Element Triangular Channel
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coefficient 0.022
Channel Slope 0.009600 ft/ft
Left Side Slope 5.000000 H:V
Right Side Slope 5.000000 H :V
Discharge 3.00 cfs
Results
Depth 0.49 ft
Flow Area 1.18 ft2
Wetted Perimeter 4.95 ft
Top Width 4.86 ft
Critical Depth 0.47 ft
Critical Slope 0.011750 ft(ft
Velocity 2.54 fvs 441:r-- � -
Velocity Head 0.10 ft
Specific Energy 0.59 ft
Froude Number 0.91
Flow is subcritical.
01/20/)3 FlowMaster v5.13
01:06:16 PM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 06708 [phone] Page 1 of 1

Lot 17118 Swale
Worksheet for Triangular Channel
Project Description
Project File cAhaestadVmw\waters.fm2
Worksheet Lot1-Al 8 Swale
Flow Element Triangular Channel
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coefficient 0.022
Channel Slope 0.050000 fttft
Left Side Slope 5.000000 H :V
Right Side Slope 5.000000 H :V
Discharge 0.25 cfs
Results
Depth 0.14 ft
Flow Area 0.10 ftZ
Wetted Perimeter 1.43 ft
Top Width 1.40 ft
Critical Depth 0.17 ft
Critical Slope 0.016367 fttft
Velocity 2.54 ft/s ` C
Velocity Head 0.10 ft
Specific Energy 0.24 ft
Froude Number 1.69
Flow is supercritical.
01/20/03 FlowMaster v5.13
01:03:13 PM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 06708 [phone] Page 1 of

Form DCM-MP-1 i
'AP
PLICATION
L
I
TI
(To be completed by all applicants)
b. City, town, community or landmark
I- APPLICANT _Hamv G t e a a
c. Street address or secondary road number
a. Landowner: —
End of Great Oaks Drive
Name Jimmy's Island, LLC d. Is proposed work within city limits or planning
jurisdiction? Yes X No
Address 1904 Eastwood Rd,, Suite 212
e. Name of body of water nearest project (e.g. river,
City Wilmington State NC creek, sound, bay) Mill Creek &
Intracoastal Waterway
Zip 28403 Day Phone 910•-256-1045
Fax [phone] 3. DESCRIPTION AND PLANNED USE
- ®F PROPOSED PROJECT
Authorized Agent:
Name Terry Turner a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier,and
1904 Eastwood Rd. , Suite 212 excavation and/or filling activities.
Address Construction of subdivision streets,
stormwater system and bulkhead -�-
City Wilmington State NC —
Zip 28403 Day Phone -910-256-1045 b. Is the proposed activity maintenance of an existing
910-256-0112 project, new work, or both? _Meg,Xp_,k
Fax
c. Will the project be for public,private or commercial
Water's Edge at use? Private
c. Project name (if any) Deerfield
d. Give a brief description of purpose,use, methods of
construction and daily operations of proposed
NOTE: Permit will be issued in naive of lanriowner(s), and/or project. if more space is needed, please attach
project name. additional pages. Conventional construction
of streets &_ drainage to serve 18 sinaJ e
family lots. Conventional construction
of timber bul'Kbead between lots 3 & 4.
2. LOCATION OF PROPOSED See drawing for details.
PROJECT
a. County Pepder
Revised 03/95

Form DCM-MP-1
m. Describe existing wastewater treatment facilities.
4. LAND AND WATER N n�
CHARACTERISTICS Individual septic Gvsr m nrnnnc�a-
a. Size of entire tract 19.95 Acres n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lots) Miniri um 20,400 SF wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
c. Approximate elevation of tract above MHW or Surface runoff in swales between lots
NWL 15 Feet 6&7, 8&9, 10&11, 12&13, 15&16 and 17&18
d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source.
Autryville, Carteret and Marvyn/Craven None
sands Individual we is proposed.
e. Vegetation on tract Sparcely vegetated with
scattered trees — _
f. Man-made features now on tract None
-- 5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land
classification of the site? (cor su&the bca land use plait.) In addition to the completed application form, the
following items must be submitted:
Conservation Transitional
Developed Community ® A copy or the deed (with state application only) or
X Rural Other other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
R-20 forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? _X yes No
(Attach zoning compliance eerdfiieate, if applicable) • An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
j. Has a professional archaeological assessment been ink on an 8 1/2" by I V white paper. (Refer to
done for the tract? Yes X No Coastal Resources Commission Rule 7J.0203 for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered Please note that original drawings are preferred and
Historic District or does it involve a National only high quality copies will be accepted. Blue-line
Register listed or eligible property? prints or other larger plats are acceptable only if an
"es X No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
1. Are there wetlands on the site? X Yes No Engineers regarding that agency's use of larger
Coastal (marsh) X other X drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? Yes requirements and it must be sufficiently detailed to
(Attach docwne uation, if available) See attached plan guide agency personnel unfamiliar with the area to the
Revd 03/95

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION
• A Stormwater Certification, if one is necessary. TO ENTER ON LAND
e A list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in
signed return receipts as proof that such owners the application. Tle project will be subject to conditions
have received a copy of the application and plats and restrictions contained in the permit.
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed
on the proposed project to the Division of Coastal activity complies with the State of North Carolina's
Management. Upon signing this form, the applicant approved Coastal Management Program and will be
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name See attached sheet I certify that I am authorized to grant, and do in fact,
Address grant permission to representatives of state and federal
Phone review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name a� permit application and follow-up monitoring of the
Address _ project.
Phone
Name I further certify that the information provided in this
Address application is truthful to the best of my knowledge.
Phone
� _� —day
A list of previous state or federai permits issued for °I1is is the of c��-/
work'on the project tract. Include permit numbers, Print Name t�-�'� c)rne�.
permittee, and issuing dates.
N/A Signature
Landowner or Awhor6zed Agent
• A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed
Environment, Health, and Natural Resources project.
(DEHNR) to cover the costs of processing the
application. DCM MP-2 Excavation and Fill Information
x DCM MP-3 Upland Development
® A signed AEC hazard notice for projects in X DCM MP-4 Structures Information
oceanfront and inlet areas. DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
• A statement of compliance with the N.C. NOTE: Please sign and date each attachment in the
Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form.
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Revised 03/95

Form DCM.10-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development
Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification.
other sections of the Joint Application that relate to this
Proposed project. Has a site development plan been submitted to the
Division of Environmental Management for review?
a. Type and number of buildings, facilities, units or Yes X No
structures proposed 18 sin le family dwellings If yam, date submitted p]ans are being
submitted concurrently with this applicatio,
i. Describe proposed method of sewage 18 Individual septic systems disposal.
b. Number of lots or parcels .............
-—
c. Density(give the number of residential units and the Have the facilities described in Jtem i. above
units per acre) 0. ni received state or local approval? °
(Aeach cppropruue docume atadon)
d. Size of area to b grad ea k. Describe location and type of proposed discharges to
Ifi .cd ai u,sjur,0ed waters of the state (for example, surface runoff,
including roads, ditches, etc, Approximately 2 acres
sanitary wastewater, industrial/commercial effluent,
"wash down and residential discharges).
Surface runoff in swales between lots___
e. If the proposed project will disturb more than one 6 & 7 8&9 10&11 12&13 1506 and
acre of land, the Division of Land Resources must 17&18.
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins. I. Describe proposed drinking water supply source
If applicable, has a sedimentation and erosion (e.g. well community, public system, etc.)
control plan been submitted to the Division of Land Indivi�uai wells
Resources? 'Yes X No
If yes, date submitted flaps are being* submitted m. Will water be impounded? yes
concurrently with this application If yes, how many acres? gNo
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when
Asphalt
was the lot(s) platted and recorded? N/A
Terry Turner
Jimmy�s Island, LLC
g. Give the percentage of the tract within 75 feet of Applicant�rroujec�tpne_.-
MHW or NWL; or within 575 feet in the case of an
Outstanding Resource Water, to be covered by Sava"ture
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or paiking. 25% Date
Revised 03/95 400 copies of this public document were printed at a total cost of$7.00 or$ .02 per copy.

Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys
Permit, Form DCM-MP-1. Be sure to complete all (1) — Commercial _Community_Private
other sections of the Joint Application which relate to (2) Number
this proposed project. (3) Description of buoy
a. Dock(s) and/or Pier(s) (Color, inscription, size, anchor, etc.)
(1) _ Commercial _Community_Private
(2) Number
(3) Length (4) Width of water body _
(4) Width (5) Distance ' buoy(s) to be placed beyond
(5) Finger Piers Yes No shoreline
(i) Number
(ii) Length _ f. Mooring structure (boatlift, mooring pilings, etc.)
(iii) Width (1) _ Commercial _Community Rm Private
(5) Platform(s) — Yes — No No (2) Number
(i) Number (3) Length
(i i) Length (4) Width
(iii) Width _ ---
(7) Number of slips proposal g. Other (avc complete desmpti,,)
(8) Proximity of structure to adjacent riparian 401 timber bulkhead per elan
property lines
(9) Width of water body -
(10) Water depth at waterward end of pier at
MLW or NWL
b. Boathouse (including covered lifts)
(1) Commercial Private Terry Turner
(2) Length Jimmy's Island, LLC
(3) Width Applicant 9r Project ame/'
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number Sture
igna
(2) Length(s)
Date
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
400 copies of this public document were printed at a total cost of$7.00 or$ .02 per copy.
Revised 0-3/95

01/10/2003 15:10 FAS 910 285 2485 R A GOSLEE ASSOCIATES PA
g001
R ER'
� B ST
ONE AT T
SOUT EAST CORN R
LOT 1
:�ECTIO 1
DEERFI EL
QP MAP�B00 13 AT PAGE
PEIDER C TY RE JIS7
1,0-/00 PLANTEi AII
P
sv
o 2vCkj
i
_--� Ci -LOW
S 8 2 DOE °� o
Joo 2J .51 i
W
I rl
1 Q
c 6 G. 47
603 C h- 6 o z W
S 500
R 0 P� Z
8 16f
� 8 24 \ o - J �
'
2 �
i

STORMWATER SYSTEM & EROSION CONTROL NARRATIVE
WATER'S EDGE AT DEERFIELD
PENDER COUNTY, NORTH CAROLINA
For
Jimmy's Island, LLC
1904 Eastwood Road, Suite 212
Wilmington, NC 28403
[phone]
•° CARp
.••• •
AL
� • i
w �
11966
UIP
January 2003
Prepared by:
ANDREW&KUSKE CONSULTING ENGINEERS, INC.
902 Market Street
Wilmington, North Carolina 28401
[phone]
[phone]—Fax
E-mail: [e-mail]
A& K No. 02160

NARRATIVE
DESC.RIP T ION:
The project site is a 20-acre tract located between Mill Creek and Deerfield
Subdivision consisting of lightly vegetated sandy clay topsoil and grades ranging from
1.0% to 10%. Approximately 3 acres will be graded to allow construction of an
eighteen lot residential subdivision with paved access. The runoff from the site is
estimated using the rational method 10-year design storm and rainfall data for the area.
Construction is scheduled to begin as soon as all permits and approvals are obtained.
EROSION CONTROL MEASURES:
The attached plans and specifications give the requirements for erosion control
measures. Silt fencing will be provided along each swale where stormwater would be
expected to sheet flow from disturbed areas directly to adjacent property. A gravel
construction entrance will be constructed at the entrance. Maintenance will be
provided by the grading contractor and developer.
STORMWATER MANAGEMENT MEASURES:
The project site is located in Pender County. Land disturbing on the site will
exceed one acre, which requires the site to comply with the State Regulations. The
stormwater runoff from the development will be directed to swales. Total site coverage
will not exceed 25%.
CONSTRUCTION SEQUENCE:
The Contractor will install the gravel construction entrance and silt fence prior to
beginning any clearing and grading operations. Additional silt fence will be installed
when and if conditions warrant during construction. Disturbed areas will be landscaped
or seeded upon completion.

MAINTENANCE PLAN
1. All erosion and sediment control practices will be checked for stability and operation
following every runoff producing rainfall but in no case less than once every week.
Any needed repairs will be made immediately to maintain all practices as designed.
2. Sediment will be removed from behind the sediment fence when it becomes about
0.5 ft deep at the fence. The sediment fence will be repaired as necessary to
maintain a barrier.
3. Check ditches, swales, pond banks, and other seeded areas for erosion and
sedimentation after runoff producing rains. All seeded areas will be fertilized,
reseeded as necessary and mulched according to specifications in the vegetative
plan to maintain a vigorous, dense vegetative cover. Sediment producing areas
should be treated immediately.
4. Inspect gravel construction roads, entrances, and parking areas periodically for
sediment build-up on surface. Topdress with new gravel as needed.

SECTION 02920
SOIL EROSION AND SEDIMENTATION CONTROL
1. GENERAL
1.1 Contractor shall take every reasonable precaution throughout construction to
prevent the erosion of soil and the sedimentation of stream, lakes, reservoirs, other water
impoundments, ground surfaces, or other property as required by State and Local
regulations.
1.2 The Contractor shall install all required silt fences, and construction entrances at
the initiation of work, and have these measures reviewed and approved by the local permit
authority prior to clearing and grading operations.
1.3 The Contractor shall, within 15 days of suspension or completion of land disturbing
activities, provide permanent protective covering for disturbed areas. Temporary and
permanent erosion control measures shall be coordinated to assure economical, effective,
and continuous erosion and siltation control throughout the construction and
post-construction period. Use the specified seed for both temporary and permanent
seeding.
2. PRODUCTS
2.1 Asphalt for anchoring mulch shall be Type SS-1 Emulsion.
2.2 Fertilizer shall be 10-10-10 grade or equivalent.
2.3 Lime shall be dolomitic agricultural ground limestone containing not less than 10
percent magnesium oxide.
2.4 Mulch shall be small grain straw, hay, wood chips, asphalt emulsion, jute or other
suitable material free of undesirable weed seed.
2.5 Phosphate shall be 20 percent superphosphate or equivalent.
2.6 Seed shall be 20% carpet grass, 24% Bermuda, 20% turf Fescue, 10% Creeping
Red Fescue, and 24% Annual Rye grain. Bermuda seed shall be hulled for warm weather
planting and unhulled for cool weather planting. Purity of seed shall be a minimum of 98
percent and germination shall be a minimum of 85 percent.
2.7 Silt fence shall consist of NCDOT Class A fabric supported by wood or metal posts
spaced not more than 6 feet on center. The bottom of the fabric shall be buried a minimum
of 6 inches.

2.8 Gravel for check dams shall be#57 washed stone.
2.9 Aggregate for construction entrance shall be#4 washed stone.
2.10 Stone rip rap for check dams and erosion control shall be NCDOT Class A or B as
shown.
3. EXECUTION
3.1 General: Take every practicable measure during construction or suspension to
work to minimize erosion and siltation. Measures should include good construction
practices, temporary physical barriers to sediment travel, settling basins for new ditches,
and establishment of vegetative cover.
3.2 Construction Practices
3.2.1 Avoid dumping soil or sediment into any wetland or watercourse.
3.2.2 Maintain an undisturbed vegetative buffer where possible between a natural
watercourse and trenching and grading operations.
3.2.3 Avoid equipment crossings of streams, creeks, and ditches where practicable.
3.2.4 Grade all cut, fill and ditch slopes to minimum slope of 3:1, unless otherwise
shown or directed.
3.3 Temporary Physical Barriers are required where sedimentation on off site property
or excessive erosion is a problem.
3.3.1 Mulch shall be used for temporary stabilization of areas subject to excessive
erosion and for protection of seedbeds after planting where required.
1. Apply grain straw and hay at a rate of 75 to 100 pounds per 1000 square feet
and wood chips.at a rate of 500 pounds per 1000 square feet. Jute and mesh
should be installed as per manufacturer's instructions.
2. Asphalt emulsion for slope stabilization should be applied at a rate of 1,000
gallons per acre. Asphalt emulsion used for anchoring straw should be applied
at a rate of 150 gallons per ton of straw.
3.3.2 Silt Fences shall be used at the base of slopes to restrict movement of sediment
from the site. Clean silt fence of accumulated sediment after each rainfall event or
when it exceeds a depth of 0.5 feet above natural grade.

3.3.3 Stone Check Dams, placed at the discharges of creeks, ditches, and swales, shall
consist of Class A rip rap at minimum two feet high and three feet thick across the
watercourse, with a one foot thick layer of gravel on upstream side. Remove sediment if
accumulated to a depth of 1.0 feet at upstream face.
3.4 Vegetative Cover: Establish and maintain permanent vegetative cover on all
unpaved areas disturbed by the work.
3.4.1 Preparation of Seedbed: Areas to be seeded shall be scarified to a depth of 4
inches and until a firm, well pulverized, uniform seedbed is prepared. Lime, phosphorous
and fertilizer shall be applied during the scarification process in accordance with the
following rates:
Lime: 45 pounds per 1000 square feet
Phosphorous: 20 pounds per 1000 square feet
Fertilizer: 17 pounds per 1000 square feet
3.4.2 Seeding: Disturbed areas shall be seeded with 2 to 3 pounds per 1000 square feet
of the specified seed mixture. Seed shall be worked into the bed to a depth of 1/4 inch.
Regrade and seed eroded areas immediately
3.4.3 Mulch all areas immediately after seeding. Mulch shall be applied and anchored
as specified hereinbefore. Reapply as necessary to retain cover until grass is established.
3.5 Construction Entrance: Provide an aggregate drive, 20 feet wide by 50 feet long by
6 inches thick at each entrance to the site used by construction vehicles, until such tines as
the permanent roadway is constructed. Remove soil if accumulated to a depth greater than
0.5 inches.
3.6 Maintenance: The Owner and Contractor shall be responsible for maintaining all
temporary and permanent erosion control measures. Temporary structures shall be
maintained until such time as vegetation is firmly established in the area protected by
the structure. Permanent streambank protection and grassed areas shall be
maintained until completion of the project. Areas that fail to show a suitable stand of
grass or which are damaged by erosion shall be immediately repaired.
END OF SECTION

SOSID: 640773
Date Filed: 8/5/2002 2:32 PM
J Elaine F. Marshall
North Carolina Secretary of State
-1 ARTICLES OF ORGANIZATION
22 21 1 9051 OF
JIMMY'S ISLAND, LLC
Pursuant to 57C-2-20 of the General Statutes of North Carolina, the undersigned hereby
submits these Articles of Organization for the purpose of forming a limited liability company.
1. The name of the limited liability company is: JIMMY'S ISLAND, LLC
2. The latest date on which the limited liability company is to dissolve is: December 31,
2062.
3. The name and address of each organizer executing the articles of organization are
as follows:
Terry F. Turner A. V. Saffo David B. Phillips
1900 Eastwood Rd., Suite 212 3901 Oleander Dr. 2105 Capital Dr., Suite 600
New Hanover County New Hanover County New Hanover County
Wilmington, NC 28403 Wilmington, NC 28403 Wilmington, NC 28405
4. The street address and county of the initial registered office of the limited liability
company is 1900 Eastwood Road, Suite 212, New Hanover County, Wilmington, NC 28403.
5. The mailing if different from the street of the initial registered office is: same.
6. The name of the initial registered agent is: Terry F. Turner
7. Check one of the following:
X Member-managed LLC: all of the members by virtue of their status as members
shall be managers of this limited liability company.
Manager-managed LLC: except as provided by NCGS §57C3-20(a), the
members of this limited liability company shall not.be managers by virtue of their status as
members.
8. These articles will be effective upon filing.
This the day of lkl`r , 2002.
T�-Ij�Y�/. TURN . ORG NIZER
A. V.MSAFFO, ER
o
DA ID B. PHILLIPS, ORGANIZER
S 1WOJLV ImmyslslanOLLC�Carporele-Jlmmyslelantl4Arlltles.wpd