SW8150211_Historical File_20220302

STROUD ENGINEERING, P.A.
102-D Cinema Drive -nl @T Xfl
iNlmington, NC 28403
[phone] DATE 1447
! Z� 9t1 �i y
ATTENTION
K D �ferl
TO n'C r� RE:
A-
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO. / DESCRIPTION
Cial 1-1/gG STr 417
Z7 Z-/- Z
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
SIGNED:
If enclosures are not as noted,kindly notify us at once.

Johnson, Kelly
From: Luke Menius <[e-mail]>
Sent: Friday, December 10, 2021 1:13 PM
To: Johnson, Kelly
Cc: Jimmy Fentress; Scott GProw
Subject: [External] RE:The Knolls at Turkey Creek Section I PHASE 2 (SW8 150211) - State
Stormwater
Attachments: SEC 1 PH 2 MB 58 PG 86 with testrictions.pdf, KNOLLS RESTRICTIVE COVENANTS DB
4453 PG 298.pdf, 2021 12 addinfo 150211.pdf,TKATC S1 P2 SW8 150211 cert.pdf
CAUTION:External email. Do not click links or open attachments unless you verify,Send all suspicious email as an attachment to
B-qpvrt Spam-
1. To clarify,the numbers reported on the county GIS are county assigned addresses and are not related
to lot numbers on plans/record maps. Pender County assigned this lot the address of 115 Toms Creek
Road. This lot—lot 27--is included on the plan as well as the record map which is referenced on the
deed restrictions. The map and restrictions are attached. Please let me know if you'd like hardcopies
of this map,the original restrictive covenants, or the amendments.
Note that the applicable amendments to the restrictive covenants for each section/phase of this
subdivision (all three permits) references the original covenants which were recorded at DB 4453 PG
298. These are attached for reference and call for a maximum BUA of 4500 sf per lot which is, in some
cases, less than the amount allotted by the NCDEQ SW permit for that phase. In these cases,the
declarant recognized the permitted BUA per lot was more than was necessary/desired for the lots in
question and elected to limit them beyond the limits of the permit. The declarant wishes to retain to
right to assign the full permitted BUA value at their discretion and, therefore, no permit modification
to reduce the BUA allotment to match the covenants is desired. &a 0&
2. See clarification of lot numbers versus county assigned addresses above. �y
3. Acknowledgement of this being resolved is noted, thank you. Q '
4. This phase is adjacent to outfall swale#9 in section 1 phase 1 (SW8 130514). Swale#9 as permitted
in that phase and modifications are addressed in that permit.The outfall betwee s 36 and 37 has
not been altered.
5. The certification for section 1 phase 2 is attached. A hardcopy will be delivered.
6. Acknowledgement of this being resolved is noted,thank you.
7. Transfer requirements are noted, thank you.
David L. Menius, P.E.
Stroud Engineering, P.A.
102-D Cinema Drive
Wilmington, NC 28403
910-679-7983
From:Johnson, Kelly<[e-mail]>
Sent:Thursday, December 2, 2021 1:50 PM
To:[e-mail]
1

Cc:Jimmy Fentress<[e-mail]>; Luke Menius<[e-mail]>
Subject:The Knolls at Turkey Creek Section I (SW8 150211)-State Stormwater
Mr. Gerow,
The request for additional information is attached. It should be fairly simple.
Thanks,
Kelly
6) lw50V%,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Phone: [phone]
Note Change in Phone Number
2

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, December 2, 2021 2:44 PM
To: [e-mail]
Cc: Jimmy Fentress; Luke Menius
Subject: The Knolls at Turkey Creek Section I (SW8 130514) - State Stormwater
Attachments: 2021 12 addinfo 130514.pdf
Mr. Gerow,
The request for additional information is attached. For this one, no lots were added to the plan and the deed
restrictions are on file. Those deed restrictions reference a map book and page where the plat is recorded and the plat
contains all of the permitted lots for the permit. The details of this are specified in the letter.
Just FYI,for the other two permits that I sent letters for earlier today, lots*were*added to the plan. In both cases I
asked for copies of the deed restrictions and to also make sure that the lots that were added are subject to the deed
restrictions. What I mean by that is that if the deed restrictions say that they cover the lots on a recorded map,that all
of the lots in the permit need to be on the recorded map listed in the deed restriction document.
Thanks,
Kelly
KtI.LWokVI.SOV1.
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Phone: [phone]
Note Change in Phone Number
1

ROY COOPER _
Governor
ELIZABETH S.BISER �17
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
December 2,2021
Via email only: szerow(a)aoLcom
Tioga,LLC
Attn: Mr. Scott Gerow,Manager
4310 US Highway 421 North, Suite 140
Wilmington,NC 28401
Subject: Request for Additional Information
Stormwater Project No. SW8150211
The Knolls at Turkey Creek Section I/Phase 2
Pender County
Dear Mr. Gerow:
The Wilmington Regional Office received and accepted a modified State Stormwater Management Permit
Application for the subject project on September 24,2021. A preliminary in-depth review of that information has
determined that the application is not complete, and that additional information is needed. To continue the
review,please provide the following additional information in a single,hard copy submittal package:
The following list is a follow up to the August 5,2021, letter. Updated information is shown in blue.
1. There is a lot(#115 on the County GIS)that is constructed that is not on the plan.
Lot 115 on County GIS has become Lot 27 on the permitted plan.
2. Lot 115 needs to be accounted for at full build out if it is not already deed restricted.
Please see Item 5(c)below. If Lot 115 is not deed restricted,please account for it
appropriately.
3. There is an access road to Lot 115 that needs to be accounted for in the impervious accounting.
The accounting has been updated to account for the access road.
4. Modifications: Several outfalls need to be modified to ensure the plans match the constructed
condition. All atypical designs need to be,Justified by the engineer in writing that the proposed
design provides equal or better treatment than the typical design.
a. Swale Outlet: If the swale in this section is one of the ones that an unusual outlet,please
show that detail on the plan.
b. Outlet Velocities: What is the outlet velocity of the swale if its outlet configuration has
changed? Please demonstrate that the outfalls will discharge non-erosively as was done
in 2016. SL 2008-211, Section 2(b), (3)(a)(2), says, "Stormwater runoff from the
development is transported primarily by vegetated conveyances. As used in this sub-sub-
subdivision, "conveyance system" shall not include a stormwater collection system.
Stormwater runoff from built upon areas that is directed to flow through any wetlands
shall flow into and through these wetlands at a non-erosive velocity,"
Weir Calculations,10yr Storm
Velocity over weir prior to reaching
wetlands
Outfall S/18/1S Proposed
1 1.83f s
DwQ1North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension 1 Wilmington.North Carolina 28405
—
1°'s% � 910.796.7215

State Stormwater Permit No. SW8 150211
Page 2 of 2
5. Forms/Documents: Certifications, Operation and Maintenance Agreements and Deed
Restrictions are also needed as summarized in the inspection reports.
a. Certification: Please submit the certification.
b. O&M: The O&M permitted in 2015 contained I Oyr storm discharge calculations as
discussed in Item 4(b) above. If the discharge rate changes,please update Page 2 of that
form so that the most recent data is reflected. The form is enclosed for your reference.
c. Deed Restrictions: The deed restrictions form from the 2015 permit is not on file. Please
submit the recorded deed restrictions for SW8 150211 limiting the impervious area to
5,640sf. Please ensure that Lot 27 is included in the deed restrictions. (For clarification,
deed restrictions for SW8151209 were previously submitted for this file and indicate that
those lots have 4,500sf per lot. This is recorded on BK4626/PG2515. Deed restrictions
for SW8130514 were also previously submitted for this and indicate that those lots
have 4,SOOsfper lot. This was recorded on BK4453/P(310. However, the restrictions
for SW8 150211 are not on file)
6. Permittee: The current permittee, TIOGA, LLC has been administratively dissolved by the NC
Secretary of State. Please address this issue. The most recent annual report shows that Scott
Gerow was the manager. Please update the NC SOS to have the most recent manager and ensure
that that individual sign the application documents upon re-submittal.
This has been addressed.
7. 15A NCAC 02H .1045 �I)(b�: Please ensure that all other documentation needed for the transfer
is submitted. Specificaly, pease submit a list showing that at least 50%of the lots inside each
permit have been sold, documentation that the constructed condition for each lot is within the
deed restricted and permitted impervious allocation, deeds for the common areas, and contact
information for the HOA.
These are requirements to transfer the permit,but they are not required for the pending
minor modification.
Please remember to confirm that any revised information is presented consistently throughout the application
documents including calculations, supplements, narrative,and plans. Please also remember to provide two hard
copies of any updated documents per 15A NCAC 02H.1042(2).
All of the requested information listed above should be received in this Office by December 17,2021,or the
application will be returned as incomplete. If additional time is needed to submit the requested information,
please email your extension request prior to this due date to the email address provided below with a justification
and a date of when the requested information will be submitted,which shall be no later than 15 days past the
original due date.Please note that only two letters requesting additional information is allowed in the State
Stormwater Program for a total of 30 days to submit the requested additional information. If the information is
not satisfactorily provided after either the second request or 30 days, the project will be returned. If the project is
returned and you wish to re-submit later,you will need to resubmit all required items at that time, including the
application fee.
Please reference the State assigned project number on all correspondence. If you have any questions concerning
this matter,please feel free to call me at(910) 796-7215 or email me at [e-mail].
Sincerely,
�k�P'
Kelly Johnson
Environmental Engineer
DES/kpj: \\\Stormwater\Permits&Projects\2015\150211 LD\2021 12 addinfo 150211
enc: 2015 Supplement
cc: Mr.Luke Menius,PE;via email:[e-mail]
Wilmington Regional Office Stormwater File
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405
R \ 910.796.7215

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, December 2, 2021 1:49 PM
To: [e-mail]'
Cc- Jimmy Fentress; 'Luke Menius'
Subject: The Knolls at Turkey Creek Section I (SW8 150211) - State Stormwater
Attachments: 2021 12 addinfo 150211.pdf; 2015 05 supplement 150211.pdf
Mr. Gerow,
The request for additional information is attached. It should be fairly simple.
Thanks,
Kelly
K.eLL,. JOkwSOw
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Phone: [phone]
Note Change in Phone Number

Non-Transfer Application Completeness Review Checklist
Project Name: K?&LL,3 d 1Jka J[ QmIlt 5eq I 'Pk.WE Z_ Date Delivered to WIRO: 2
Project County/Location: FPePNb'Ez_ 1'�37 BIMS Received/Accepted bate:
Date Given to Admin: 3
Permit Action: New New Permit V: BIMS Acknowledged Cate c ��
❑Not located in the ETJ of the fallowing delegated
and functionir.�programs:
NHC:Carolina Bead!Kure Beach/Wilmingtor/Wrightsville Beach
Bruns: Leland/Navassa(?)/Oak Island
Cart: Emerald Isle Gnsl: Jacksonville Pend: Sur-'Cwy
Major Mo inor Mod enewal EF-f[isting Permit M
Applicant&Permittee are the same?3 Expiration Date': L Ir7
Permit Type: HD foLD Overaii/HID&LD Combo
5ener l Permit/Offsiie Exempt - Redeveicipment E]Offsite to SWS:
Development Type: Commercial/ idential Other DIs Oftsi?e LOT improved in raster Permit-'5
Subdivided?: divisia or Single Lot
Rrfkg5j: E32014-ast l F_13995t^asi-a+ -
Phase II Universal F-11988 Coastal
Permittee Type&0ocuments Needed-
Property Owners) Elurchaser Lessee QHOA ElDeveloper
Viable? Viable? ElViabie? Viable? Viable?
Deed Purchase Aemt =Lease EEiection Minutes
Paperwork
Application
EISSQS(within+6mo) Check#(s): JZNo Fee
Supplement'(1 new form or far alder farms:J original per SCM)
❑O&M`
F]Soiis Report(lnfil"PP)
Calculations(signed/sealed)
Deed Restrictions,if subdivided
Project Narrative
�USGS Map(or on file?) Subject to 5A?: Y / N Subject to ORW? Y / N
Plans(2 Sets)
NOTES:
'Enter BIMS Acknowledged Date on This Sheet
2For New Projects-Enter New Permit#on Supplements&Deed Resirlcuor,Templates
If permittee is different,STOP.Needs to be transferred'first.
If w/in 6 months and they are requesting a mod,STOP. Needs a renewal first.
SIf Lot not approved iro;master permit,STOP Master permit needs mod.
EMAILED ENGINEER DATE: Comments:
REVIEWER NAME:
u:"N''Q\1;Rwerence iorarv�,Procecures+,CiieCK±ists'•.Compieteness Review Chech+is� 2021090E•

Burd, Tina J
From: Burd, Tina J
Sent: Wednesday, September 29, 2021 9:35 AM
To' [e-mail]; Luke Menius
Subject: S!A.18 150211 - Knolls at Turkey Creek Section 1 Phase 2
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section)accepted
the Stormwater Permit Minor Modification Application for the subject project on September 24, 2021. The project has
been assigned to Kelly Johnson and you will be notified if additional information is needed. Please be advised that the
construction of built-upon area may not commence until the Stormwater Permit is issued.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance&Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 2840b
i
Email correspondence to ai7d f mm this address is subbject o the
North Carolina Public Records Law and may be disclosed to third parties.
Website: http://deg.nc.goy/about/divisions/energy-mineral-land-resources/`stormwater
Based on the current guidance to minimize the spread of COVID-ig,the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public.Many employees are working remotely or are on staggered
shifts.To accommodate these staffing changes,all DEQoffice locations are limiting public access to appointments only.Please
check with the appropriate staff before visiting our offices,as we may be able to handle your requests by phone or email.We
appreciate your patience as we continue to serve the public during this challenging time.
1

IJVIJIL. 1VVJ"'�VV
j Date Filed: 8/24/2021 12:16:00 PM
State of North Carolina Effective: 6/15/2021
•Department of the Secretary Elaine F.Marshall of State North Carolina Secretary of State
C2021 236 00243
APPLICATION FOR REINSTATEMENT FOLLOWING ADMINISTRATIVE DISSOLUTION OF
LIMITED LIABILITY COMPANY
Pursuant to§57D-6=06(c)of the North Carolina General Statutes,the undersigned limited liability company hereby submits this
Application for Reinstatement Following Administrative.Dissolution:
1. The name of the applicant limited liability company is:
Tioga, LLC •—��J-
2. The effective date of the administrative dissolution of the applicant limited liability company was: 6/15/202
3. The ground or grounds for administrative dissolution of the applicant limited liability company as stated in its Certificate of
Dissolution was or were:For failure to file Annual reports
4. Complete.either(a)or(b)as appropriate:
(a) The grounds stated above for the administrative dissolution of the applicant Limited Liability Company did not exist.
(Insert brief explanation.)
(b) The grounds stated above for the administrative dissolution of the applicant Limited Liability Company have been
eliminated. (Insert brief explanation.) All past due Annual'reports have been filed and paid
5. Enclosed,is a fee 100.00 as required by§57D-1-22(18)of the North Carolina General Statutes �.
This the day of 20A(
��
Tioga, LLC
Name.of iability Company,
• Scott Gerow, Memtune
Type or Print Name and Title
Notes:
1. Filing fee for this Application for Reinstatement is$100.00,payable by check made to the order of the Secretary of State.
2. This Application must be filed with the Secretary of State.
BUSINESS REGISTRATION DIVISION P.O.BOX 29622 RALEIGH,NC 27626-0622
(Revised July 2017) (Form r_08)

0V�
r �` SOSID: 1065488
f �a LIMITED LIABILITY COMPANY ANNUAL REPORT Date Filed: 8/24/2021
''� ���`' Elaine F.Marshall
10r2017- North Carolina Secretary of State
NAME OF LIMITED LIABILITY COMPANY: Tiogia, LLC CA2021236 00113
SECRETARY OF STATE ID NUMBER: 1065488 STATE OF FORMATION: NC Filing office use only
REPORT FOR THE CALENDAR YEAR: 9021
SECTION A: REGISTERED AGENT'S INFORMATION 11—
gv...c ®Changes
1. NAME OF REGISTERED AGENT: SCOtt Gerow
2.SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CON APPOINTMENT
3. REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS
8585 Old River Road 8585 Old River Road
Burgaw,NC 28425-Pender Burgaw,NC 28425
SECTION B: PRINCIPAL OFFICE INFORMATION
1.DESCRIPTION OF NATURE OF BUSINESS: Development Company
2.PRINCIPAL OFFICE PHONE NUMBER: [phone] 3.PRINCIPAL OFFICE EMAIL. Privacy Redaction
4.PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL OFFICE MAILING ADDRESS � 0
4310 Highway 421 N-Suite 140 T .4310 US Highway 421 N-Suite 140
Wilmington,NC 28401 Wilmington,NC 28401
6.Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran-owned small business
At:z "•,
❑ The company is a service-disabled veteran-owned small business
s '''*
SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E.) eY 292,
NAME: Scott Gerow NAME: NAME:
TITLE: Member TITLE:
TITLE:
ADDRESS: 8585 Old River Road ADDRESS: ADDRESS:
Burgaw,NC 28425
SECTION D:CERTIFICATION OF ANNUAL REPORM Section D must be completed in its entirety by a person/business entity.
i
8-17-2021
I RE DATE
Form must be signed by a pang cial listed under Section C of This form.
Stott Gerow Member
Print or Type Name of Company Official Print or Type Title of Company Official
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200
MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, September 2, 2021 10:36 AM
To: 'Luke Menius'
Cc: Jimmy Fentress
Subject: RE: [External]The Knolls at Turkey Creek(SW8 130514, SW8 150211, &SW8 151209)
Luke,
I have you down for 10/1.
Thanks,
Kelly
K4LL jOh V1SOK,
Kelly Johnson
Environmental Engineer
NC Division of Energy,Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: Luke Menius<[[e-mail]>
Sent:Thursday,September 2, 202110:03 AM
To:Johnson, Kelly<[e-mail]>
Cc:Jimmy Fentress<[e-mail]>
Subject: [External] The Knolls at Turkey Creek
CtItl0±tiffio 'armpm
'XXX eat' wj MtadhwmwtIa
BROM 5t .
Kelly,
We are in receipt of your 8/5/2021 letter regarding the subject project and are working to address each of
your concerns in a timely manner. The return of the transfer applications for SW8 130514 and SW8 150211 is
noted along with the requirement to obtain modifications prior to transfer. Comments specific to each permit
within this project have been addressed as follows. Specific action items which will not be completed before
the September 7th deadline are noted in bold. I have scheduled a survey crew to confirm some dimensions as I
work towards modified plans. Please consider a 30 day extension to enable us to complete these tasks.
1. Regarding SW8 130514 (section 1 phase 1), a plan modification depicting the current outfall Swale
configuration will be provided.
2. Regarding SW8 150211 (section 1 phase 2):
i

a. Please note that the "115" reported on the Pender County GIS is the address that was
assigned to what was lot 1 on the approved plan. Please also note that at the request of
Pender County, the 16 permitted lots were renumbered 27-42. A plan depicting the current
lot numbering will be provided.
b. The home located at 115 Toms Creek Road is accounted for in the permit and deed
restrictions. Please note that only 15 of the 16 permitted lots were developed. Lot 28 (lot 2
on the approved plans)was dedicated as open space. A plan depicting the current lot
numbering will be provided along with documentation that reports the correct number of
lots in the BUA table and allocates the appropriate amount of BUA to the driveway that
serves lot 1 and the common area. I have confirmed there is adequate BUA in reserve based
on the asbuilt dimensions of this driveway.
c. A plan depicting the current lot numbering will be provided along with documentation that
reports the correct number of lots in the BUA table and allocates the appropriate amount of
BUA to the driveway that serves lot 1 and the common area.
3. Regarding SW8 151209 (section 2):
a. The two additional lots are incorporated into deed restrictions. Plans will be provided along
with documentation that reflects these additional lots and reallocates the appropriate
amount of reserve BUA. I have confirmed there is adequate BUA in reserve to address these
additional lots.
b. A plan modification depicting the current boat ramp configuration will be
provided. Impervious surfaces installed within the 50 setback, namely the ramp and dock
gazebo, are water dependent structures consistent with 15A NCAC 02H .1003
(4)(d)(ii). Documents will be provided to reallocate the appropriate amount of reserve BUA
to this common area.
c. A plan modification depicting the current cull de sac configuration will be provided along
with documents to reallocate the appropriate amount of reserve BUA to this roadway. I
have confirmed there is adequate BUA in reserve to address the cul de sac.
4. Regarding all 3 permits within the subject project:
a. Modified plans for all three permits are attached. These plans depict the as built outfall
swales and slope drains. The outfalls in Section 1 Phase 1 (SW8 130514) were converted to
piped slope drains in response to concerns about the grade transition at the ends. I recall
discussing this with DEQ staff during the course of the 2013 plan review and meeting onsite to
observe the adjoiner's piped outfall. The single swale outfall in Section 1 Phase 2 (SW8
150211) and the piped slope drains in Section 2 (SW8 151209) are generally consistent with
their respective permits.
b. The request for documents that will be required to bring the permit into compliance is noted.
c. The requirement to reinstate TIOGA, LLC with the NCSOS is noted and has been relayed to the
permittee.
d. The request for documents and information regarding the home sales that will be required to
enable the transfers is noted.
Thanks for your assistance to date with this project. I look forward to your response to regarding the
extension and will continue to work towards a resolution in the meantime.
David L. Menius, P.E.
Stroud Engineering, P.A.
102-D Cinema Drive
Wilmington, NC 28403
2

Cf 4*- .
ROY COOPER
Grp
El EABETH S.BISEIt .
BRiAAl1NlIENN NORTH CAROLMNLA
Director
August 5,2021
Tioga,L.LC
Attn: Mr. Scott Gerow,Member
8585 Old River Road
Burgaw,NC 28425
Subject: PROJECT RETURN,NOTICE OF INSPECTION&REQUEST MODIFICATION
SW8 130514: Dulls at Turkey Creek Semen I
SW8150211: Knolls at Turkey Creek Phase H
NOTICE OF INSPECTION&REQUEST MODIFICATION
SW8151209: Knolls at Turkey Creek Section H
Pencler County
Dear Mr.Gerow:
The Wilmington Regional Office of the Department of Energy,Mineral and Land Resources(DEMLR)recently
inspected the three subject permits.
Project Returns:
State Stormwater Management Permit Transfer Applications for SW8 130514 and SW8 150211 on May 19,2021.
Both permit applications are being returned because both permits need to be modified before they can be
transferred. Per the requirements of Title 15A NCAC 02H.1045(4)(a)(ii)of the Stormwater Management Rules,
this Office is hereby returning these applications as incomplete. The$505.00 application fees have been forfeited
and a new fee will need to be provided if you choose to resubmit this application in the future.
Please note that this does not preclude you from obtaining and complying with any and all other permits or
approvals that are required for this development to take place,as required by any statutes,rules,regulations,or
ordinances,which are unposed by any other LoeA State or Federal government agency having jurisdiction.
Plmse note that the permits issued remain in full force and effect.Please be aware that the construction of any
changes to the originally approved and permitted plans prior to the receipt of a modified permit is a violation of
NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A.
Notice of Inspection and RMuest for Modification.
On June 3,2021,the Wilmington Regional Office of the Division of Energy,Mineral and Lard Resources
(DEMLR)inspected the subject project,located off Carver Drive in Pender County to determine the status of
compliance with the State Stormwater Management Permits. DENT LR file review and site inspection revealed
that the site is not in compliance with the terms and conditions of this permit. Please find a copy of the completed
form entitled"Compliance Inspection Report"and associated Inspection Pictures attached to this letter,which
summarizes the findings of the recent inspection.
1. SW8 130514,Knolls at Turkey Creek Section 1: A modification is needed to reflect what has been
constructed. Specifically,Swale 9 needs to be revised. There may also be other outfalls that need to be
addressed.
2. SW8 150211,Knolls at Turkey Creek Phase II: A modification is needed.
a_ There is a lot(#115 on the County GIS)that is constructed that is not on the plan.
b. Lot 115 needs to be accounted for at full build out if it is not already deed restricted.
c. There is an access road to Lot 115 that needs to be accounted for in the impervious accounting.
f North Carolina Department of Environmental Quality I Division of Energy.Wt .K&wral and Land Resources
OWngton Regional office 1127 Cardinal Drive Extension I W!�9ton.North Carolina 28405
wwana cHtw"oc� ""
owe`..tmare.®r�+w 910.7%.7215

State Stormwater Permit No.S W 8 130514, SW8 151209,SW8 150211
Page 2 of
3. SW8 151209,Knolls at Turkey Creek Section II:
a. There are two lots on Clutch Drive that are shown as future development on the plans but have
been subdivided.One is constructed and needs to be accounted for at full build out if it is not
already deed restricted.
b. A parking area has been added to the end of Clutch Drive which may or not be in the 50ft buffer.
c. A cul-de-sac is constructed for Clutch Drive,but a dead end road is shown on the plan.Please
ensure the cul-de-sac is accounted for in the impervious accounting.
4. All Three:
a. Modifications: Several outfalls need to be modified to ensure the plans match the constructed
condition. All atypical designs need to be justified by the engineer in writing that the proposed
design provides equal or better treatment than the typical design.
b. Forms/Documents: Certifications,Operation and Maintenance Agreements and Deed
Restrictions are also needed as summarized in the inspection reports:
c. Permittee: The current permittee,TIOGA,LLC has been administratively dissolved by the NC
Secretary of State. Please address this issue. The most recent annual report shows that Scott
Gerow was the manager. Please update the NC SoS to have the most recent manager and ensure
that that individual sign the application documents upon re-submittal.
d. 15A NCAC 02H.1045 (1)(b): Please ensure that all other documentation needed for the transfer
is submitted. Specifically,please submit a list showing that at bast 500%of the lots inside each
permit have been sold,documentation that the constructed condition for each lot is within the
deed restricted:and permitted impervious allocation,deeds for the common areas,and contact
information for the HOA.
Please be advised that,as the permittee,you are required to comply with the terms,conditions,and limitations of
the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H.1003 and North
Carolina General Statute 143-214.7,including the operation and maintenance of the permitted stormwater system
and the requirement to submit any changes from the approved plans to the Division for approval.
Failure to provide the requested information, or to respond to this letter with a plan of action,including a timeline
to resolve the identified deficiencies,by Seytember 7,2021.are considered violations of the permit. If the
requested information is not submitted to this office by the due date,then DEMLR staff will re-inspect the site
and may issue a Notice of Violation. Please also note that any individual or entity found to be in noncompliance
with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement action
as set forth in NCGS 143 Article 21,including the assessment of civil penalties of up to$25,000 per day.
If you have any questions concerning this matter,please contact Kelly Johnson at(910)796-7215 or via e-mail at
[e-mail].
SincereQly, ..- WA
C'YIaOXiir►►�Q
.gi;;Brian Wrenn,Director
Division of Energy,Mineral and.Land Resources
DES/kpj: I11StormwaterlPermits&Projectsl20131130514 LD12021 08 return_praject 130514
%StormwaterTermits&Projects120151150211 LDi2021 08 retum_1xoject 150211
%StormwaterlPermits&Projects120I51151209 LD\2021 08 CEI deficient 151209
enc: Inspection Reports
Inspection Pictures
cc: Jimmy Fentress,PE,Stroud Engineering
102 D Cinema Dr Wilmington NC 28403
Pender County Planning Department
Wilmington Regional.Of
North Carolina Deparnnent of Enwonniental.Quality I Division of Energy,Mineral and Land Resources
Z!;.Ofl PME�. VViltni vwnReginal office I i27Carding[Drive Extension I Wdmington,NorthCarohm2a405
�-�r' 910:7%.7215

Permit Transfer Checklist
Option#2: Only the Current Permittee Signed the Application (to an HOA/POA without their Signature)
K.Johnson—8/5/2021
1. Permit Number: SW8150211
2. Project Name: The Knolls at Turkey Creek Phase II
3. Most Recent Issue Date: 5/18/15
4. Expiration Date: N/A
5. Session Law Extension Previously issued(YIN): N/A
6. Proposed Permittee: The Knolls at Turkey Creek Homeowners Association, Inc.
a. Secretary of State(SoS)is Active: Y
a. SoS Current Person: Need Meeting Minutes
b. Deed Submitted Showing Owner(Y/N): N/A—No Common Areas
7. Current Permittee: TIOGA, LLC
a. SoS is Active(Y/N): Y(but under Notice of Grounds for Dissolution)
b. SoS Current Person: Most recent is 2019—Was Scott Gerow, need documentation
c. Original Signature with Signature Authority(Y/N): If Scott Gerow still Manager
8. Transfer to HOA/POA: Session Law 2011-256
a. It is an HOA or POA? HOA
b. Three criteria for transferring to HOAs:
i. 50%lots are sold to individuals(Y/N): TBD—Need List
ii. Common area transferred to HOA(Y/N): N/A—No Common Area
iii. Permit is in compliance(Y/N): N
c. HOAs, Transfer Documents Needed:
i. HOA is Viable(Y/N): Y
ii. Election Meeting Minutes(Y/N): TBD—Need Minutes
iii. Contact Information for HOA(Y/N): Need HOA Person—Property Manager is Listed as the Contact
a. Property Manager:
b. President or VP:
9. Compliance:
a. File Review Inspection Documents:
i. Deed for Common Areas(Y/N): N/A—No Common Area
ii. Recorded Deed Restrictions(Y/N): TBD—Submitted the SW8130514 restriction?
iii. 0&M(YIN): Y—Original(not HOA, but they didn't sign the form)
iv. PE Certification: N-Need
v. BUA/Lot Summary: N-Need
b. Letter: If there are items to fix in the field,ask them to send pictures of the finished product with their resubmittal.
a. Field Inspection:
i. Inspector: T.James&K.Johnson
ii. Date: 6/3/21
iii. Issues/Actions Needed:
a. There is a lot(#115 on the County GIS)that is constructed but is not on the plan.
b. Lot 115 needs to be accounted for at full build out if it is not already deed restricted.
c. There is an access road to Lot 115 that needs to be accounted for in the impervious accounting.
d. Modification is needed to reflect what has been constructed. There may be outfalls that need to be
addressed.
e. All atypical designs need to be justified by the engineer in writing that the proposed design provides equal
or better treatment than the typical design.

Compliance Inspection Report
Permit: SW8150211 Effective:05/18/15 Expiration:
Project: The Knolls at Turkey Creek Section I Phase 2
Owner: Tioga LLC
County: Pander Adress: Carver Dr
Region: Wilmington
City/State/Zip: Rocky Point NC 28457
Contact Person:Scott Gerow Title: Member Phone:[phone]
Directions to Project:
From int.of NC 117 and NC 210,take NC 210 west one mile left onto Carver Drive continue for 0.75 miles proposed entrance
to site on right, opposite Pine Hollow Drive.
Type of Project: State Stormwater-Low Density
Drain Areas: 1 -(Turkey Creek) (03-06-23)(C;Sw)
On-Site Representative(s):
Related Permits:
SW8130514 Tioga LLC-The Knolls at Turkey Creek Section
SW8150209 Reserve Development Co LLC-St James Plantation Seaside West
Inspection Date: 06/03/2021 Entry Time 10:OOAM Exit Time:12:OOPM
Primary Inspector: Trentt James Phone:
Secondary Inspector(s):
Kelly Johnson
Reason for Inspection: Routine Inspection
p Type: Transfer Renewal
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page 1

Permit: SW8150211 Owner-Project: Tioga LLC
Inspection Date: 06/03/2021 Inspection Type Transfer Renewal Reason for Visit: Routine
File Review Yes No NA NE
Is the permit active? 0 ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ ❑ ❑
Signed copy of the Operation&Maintenance Agreement is in the file? ❑ E ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ E ❑ ❑
Comment: Certification is needed.
O&M Form is needed from incoming Darty when they apply for a transfer.
Deed restrictions are needed.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ 11110
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑
Is the BUA(as permitted)graded such that the runoff drains to the system? ❑ ❑ ❑
Comment: Certification needed.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ N ❑ ❑
Are the inlets located per the approved plans? ❑ ❑ ❑ ■
Are the outlet structures located per the approved plans? ❑ ❑ ❑
Comment: The lot listed at Lot 115 on County GIS needs to be added to the plan
Lot 115 needs to be accounted for in the impervious accounting
Lot 115 needs to be accounted for at full build out if not already deed restricted
Modification is needed to ensure the constructed condition matches the Dermitted condition All
atypical designs need to be justified by the engineer in writing that the Droposed design provides egua
or better treatment than the typical design.
ODeration and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: Modification is needed to make this assessment.
page 2

\l7 To -0-
State a er Inspection Request On; � A)-
General Planca Raturn to
Project Name: Permit No: SW8115(�a V Expiration Date:
Contact Person: Phone Number: Inspection Type:
Inspection Date: 1 Time In: Time Out:
Current Weather: Recent Rain(Date)? Rain— in
Location
Facility Address/Location: City: County:
Permit Information
Density(circle one): High(HD) Low OLD)
Stormwater Best Management Practices(BMPs)(insert number of each):
Wet Ponds Infiltration Basins Infiltration Trenches LD Swales Stormwater Wetlands
Dry Ponds Bioretention Permeable Pavement Sand filters(circle one) Open Closed
Cistern Level Spreader/Filter Strip Other(spec):
Notes or M areas to focus on:
File Review Yes No N/A N/E
1. Is the permit active?
2. Signed Engineer's Certification on file'!
3. Signed Operation and Maintenance agreement on file? �W1n Y\ VA
4. Recorded Deed Restrictions on file?
5. BUA is constructed and consistent with the permit requirements?
6. BUA(aspermitted)is graded such that the runoff drains to the system?(high density only)
7. Drainage area is consistent withpermit?(i.e.no un ermitted drainage to the SW BMPs)
8_ Drainaee area is stabilized?(to reduce risk of sedimentation to the SW BMPs)
Site Visit: Stormwater BMPs Yes No NIA N/E
9. Stormwater BMPs are located per the approved plans?
10. Stormwater BMPs have dimensions(e .length,width,area)matching the approvedplans?
11. Stormwater BMPs are constructed per the approvedplans?
Site Visit: Operation and Maintenance Yes No N/A N/E
12. Access points to the site are clear and well maintained?
13. Trash has been removed as needed?
14. Excessive landscape debris ass clippings,leaves,etc)is controlled?
15. Stormwater BMPs being operated and maintained as per the permit requirements?
16. Inspection and Maintenance records are available for inspection? (high density only, 1995—present only)
Site_Visit: Other Permit Conditions Yes No NIA N/E
1 17. 1s le site compliant with other conditions of the permit? ,
Site Visit: Other Water Qualltv Issues Yes No NIA N/E
18. Is the site compliant with other water quality issues as noted during the inspection?
State Stormwater Inspection Report,Version 3.1 2021 02 Page 1 of 2

State Stormwater Inspection Request
Comments
InS ection PICtUPeS(some of the pictures taken during the site visit)
Compliance Status ❑ Compliant ❑ Non-Compliant
Letter Sent(circle one): Yes No Letter type: CEI NOV NOVRE Other
Date Sent: Reference Number:
Inspector Name and Signature: Date:
State Stormwater Inspection Report,Version 3.1202102 Page 2 of 2

Burd, Tina J
From: Burd,Tina J
Sent: Monday, May 24, 2021 3:31 PM
To: [e-mail];[e-mail]
Subject: SW8 150211 -The Knolls at Turkey Creek Phase II
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section)accepted
the Stormwater Permit Transfer Application and $505.00 fee for the subject project on May 19, 2021. The project has
been assigned to Kelly Johnson and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance&Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
E-mail currespoodence to an(j :iddress is subjeci tot r
North Carolina Ptib is Records LaLii and may be d+sciosed to toifd pallies.
Website: http://deg.nc.gov/about/divisions/energy-mineral-land-resources/stormwater
Based on the current guidance to minimize the spread of COVID-ig,the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered
shifts.To accommodate these staffing changes,all DEQoffice locations are limiting public access to appointments only.Please
check with the appropriate staff before visiting our offices,as we may be able to handle your requests by phone or email. We
appreciate your patience as we continue to serve the public during this challenging time.
1

Transfer Application Completeness Review Checklist-Short Version
Permit#: 60 Ej 1 502-I 1 Date Delivered to WIRO: J+ J 9 Zcz
Project Name: it-E 1C OLLS OP Cf_&C_K PkA5E 2 BIMS Received/Accepted Date: $ / d
Project County/Location: A'[PuEp—Z?- BIMS Acknowledged Date': p21
* Permit Expriation Date*: *If w/in 6 mo,STOP-needs renewal first.
Exception:only new permittee is submitting.
Proposed Permittee Type&Documents Needed:
PropertyOwner(s) ®Purchaser ®Lessee ®HOA ®Developer
Viable? Viable? ®ViahlP? Viable? Viable?
EDDeed Purchase Agmt Lease FiElection Minutes
"Not Subdivided:Deed ®50%Sold List(only if HOA doesn't sign)
ED-Subdivision: Common Area Deed ®Common Area Deed in HOA's Name
®Deed Restrictions Recorded
Current Permittee Signed Application? \J N M PE Certification
If not,Dissolved/No Longer Owns Y/ N MBUA/Lot Summary
Property/Not Living �O&M (If HOA Signed Application)
Proposed Permittee Signed Application? Y �'N
Paperwork
Application
OFee:
P$505 (within 6mo) Check#(s):
Deed Restrictions, if subdivided: C11wamA)
FIPE Certification
Project Narrative
Easements, Recorded (2017 Rules)
MO&M on File(unless new one from HOA)
Electronic Copies
NOTES.
'Enter BIMS Acknowledged Date on thin Sheet
EMAILED ENGINEER DATE:
REVIEWER NAME: 10E L-01
G:WQ\\\Reference Libra ry\Procedu res\Checklists\Com pleteness Review Checklist 2020 0131
nL a

SOSID: 1374452
Date Filed: 10/11/ l.; ; L:25:00 AM
Elaine F.Marshall
STATE OF NORTH CAROLINA North Carolina Secretary of State
DEPARTMENT OFTIiE SECRETARY OFSTATE C2019 275 00987
STATEMENT OIL CHANGE OF REGISTERED
OFFICE AND/OR REGISTERED AGENT
Pursuant to §55b-31 of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of
Changing its reoisttred office and/or registered agent in the State of North Carolina.
INFORMATION CURRENTLY ON FiLE
The name of the t entity is-, e r l;fir,
.rro .,-_ �. C..::.�'_E
Entity Type:OCorporation,❑Foreign Corporation,['f Nonpmfit Corporation.OForeign Nonprofit Corporation,
OUrnited Liability Company,QForeign Limited Liabitiq•Company C]umitad Partnership,C3Foreign Limited Partnership,
❑Limited Liability Parwarsb3p,QForeiga Limited Liability Partnership
The sheet address and county of.the entity's registered office currently on file is: '
Number and Street: -20 1
City,Stare,Zip code:_-[A I'C 61 i n A 4z-y\ C X F 9/3 3 County:_ A&.L&j 1�-�ct Y p l
The maill addrl=rfdoemit from Me$tree(address of the registered office currently on file is:
PO spy /.rt�2,S:1 (A.)0 C/YJ/.%?7zD11 r y� ,(✓
The name of the current registered agent is: TQ r e f f ! Pavl, O e r e K
I NEw INFORMATION
1. The street address and county of the new registered office of the entity is:
(complete this item only if the address of the registered office is being changed)
Number and Street: L 7 0 AffcJ 5
City,State,Zip Code: lid tN1,n u rn_f/1i f F a�Cowrty: -A t'10
2 The smiling address if d yerent from the street at1dress of the new registered office is:
(couplets this item only if the address of the regislet ed office Jr being changed)
I
3. The name of the new registered ages and the new agent's consent to a ' anent appears belovn
(complete this itetn only if the narne of the registered agent is being 1 a e , l
4'6 f-�apa+i MdnAC%(-7 I A awelh-AL,
ype or tint 1ltanre of N Agent /' `Signature rtE Title
tral`f i�Cns .
i 4. The address of the entity's rtgismmd office and the address ofthe business bffce oti its registered agent,as changed,
Ii mill be identical.
5. This statement will be t:Madve upon filing,unless a date and/or time is specified: _
This is the.2G day of. rn6.r- 2o_L2..: !'{rt !i Tirr)(er (rp HTY-A awAe rs
amc sS•Cra
SCQ F] t!1et_ _ -_fPe S! t&n �-
Tvpe or Print Name and Title
Not= triling tee is S.S.00.This document most be flied..irb the Secivtaryorstute.
CORPORATIONS DIVISION P.O.BOX 29622 RALEIGH,NC 27626-0622
Revised January 2002 Form RE-06
i

a
LIMITED LIABILITY COMPANY ANNUAL REPORT
10/217
NAME OF LIMITED LIABILITY COMPANY: _'.�;9a; I I C
Filing Office Use Only
SECRETARY OF STATE ID NUMBER: 1065488 STATE OF FORMATION: NC E-Filed Annual Report
11065488
CA201911201068
2019
REPORT FOR THE CALENDAR YEAR: 4/2212019 09:24
SECTION A: REGISTERED AGENT'S INFORMATION Changes
1. NAME OF REGISTERED AGENT: Gerow, SCOtt
2.SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED AGENT OFFICE STREET ADDRESS$COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS
2706 Dirck Road 2706 Dirck Road
Castle Hayne, NC 28429-5207 New Hanover County Castle Hayne,NC 28429-5207
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Development Company
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3.PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL OFFICE MAILING ADDRESS
2706 Dirck Road 8585 Old River Rd.
Castle Hayne,NC 28429-5207 Burgaw,NC 28425
6.Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran-owned small business
❑ The company is a service-disabled veteran-owned small business
SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E.)
NAME: Scott Gerow NAME: NAME:
TITLE: Mel— er TITLE: TITLE:
ADDRESS: ADDRESS: ADDRESS:
PO Box 789
Castle Hayne, NC 28429
SECTION D:CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
Scott Gerow 4/15/2019
SIGNATURE DATE
Form must be signed by a Company Official listed under Section C of This form.
Scott Gerow _ Member
Print or Type Name of Company Official Print or Type Title of Company Official
This Annual Report has been filed electronically.
MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525

8/21/2019 North Carolina Secretary of State Search Results
• File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online •
Add Entity to My Email Notification List • View Filings • Print a.Pre-Populated Annual Report form • Print
an Amended a Annual Report form
G
Limited Liabii.ity Company
k
Legal Name
Tioga, LLC
Information
Sosld: 1065488
Status: Current-Active
Annual Report Status: Current
Citizenship: Domestic
Date Formed: 9/30/2008
Registered Agent: Gerow, Scott
Addresses
PrincipaL Office Reg Office Reg Mailing
2706 Dirck Road 2706 Dirck Road 2706 Dirck Road
Castle Hayne, NC 28429-5207 Castle Hayne, NC 28429-5207 Castle Hayne, NC 28429-5207
Mailing
8585 Old River Rd.
Burgaw, NC 28425
Company Officials E�
X L2821
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. LMAY
Member I
Scott Gerow
PO Box 789
Castle Hayne NC 28429
https://www.sosnc.gov/online_services/search/Business_Reg[stratlon_ResuIts 1/1

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` DEMLR USE ONLY
Date cei ed Fee Paid Permit Number
aII it P SL-) 1,5001
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT TRANSFER APPLICATION FORM
Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within
Only complete applications packages will be accepted and reviewed. This form and the required items(with
original signatures)must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at:http:/idea,nc.pov/contact/reaional-offices.
After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the
current permittee and/or the proposed permittee. Per the state stormwater roles and the state stormwater permit
conditions, the permit shall not be transferred until:
1. the current permittee resolves all non-compliance issues identified in the inspection report
2. the current permittee negotiates a resolution with the proposed permittee(in writing and signed by both
entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the
timelines to correct the deficiencies. The site must either be found in compliance or a copy of the
negotiated resolution must be submitted prior to the transfer of the permit.);or
3. in the case where a transfer falls under G.S. 143-214.7(c2) (see also SL 2011-256), the proposed
permittee resolves all non-compliance issues upon acquiring the permit.
Signature requirements for the named signing official(for current and proposed permittee)must meet the following:
• Corporation-a principal executive officer of at least the level of vice-president;
Limited Liability Company(LLC) -the designated manager,• (Documentation from the NC Secretary of
State or other official documentation must be provided that states the titles and positions held by the
person who signed the application(pursuant to 02H.1040) that shows they have legal authority to sign for
the LLC)
Municipality-a ranking official or duly authorized employee;
d Partnership or limited partnership-the general partner,
4 Sole proprietor;
d The signature of the consultant or other agent shall be accepted on this permit transfer application only if
accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as
applicable.
A. GENERAL INFORMATION
1. State Stormwater Permit Number: SW8 150211
2. Project name: THE KNOLLS AT TURKEY CREEK PHASE II
Is this an updated project name from the current permit? ❑Yes [ No
3. Reason for the permit transfer request:
DEVELOPMENT IS COMPLETE & SOLD
ECEI
MAY 19 2021
BY:
Stormwater Permit Transfer Application Form Page 1 of 7 April 27,2018

B. PERSON(S)WHO HAVE SIGNED THIS FORM (select only one response below)
❑ 1. Both the current and proposed permittees
EN 2. Only the current permittee of a con or planned community (skip Part F&G).
In accordance with G.S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only
when all of the following items can be truthfully checked:
® Any common areas related to the operation and maintenance of the stormwater management
system have been conveyed to the unit owners' association or owners' association in
accordance with the declaration;
® The declarant has conveyed at least fifty percent(50%) of the units or lots to owners other than
a declarant(provide documentation per submittal requirements below);
The stormwater management system is in compliance with the stormwater permit.
NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that
the elements of the Planned Community Act(see§47F) have been met by the Declarant for the
subdivision. If the Declarant chooses to use this type of transfer, the determination must be in
writing, signed by the attorney, and submitted to DEMLR with this form.
❑ 3. Only the proposed permittee(skip Part D below).
In accordance with G.S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only
when all of the following items can be truthfully checked:
❑ a. The proposed permittee is either(select one of the following):
❑ The successor-owner who holds title to the property on which the permitted activity is
occurring or will occur;
Lj The successor-owner who is the sole claimant of the right to engage in the permitted
activity.
❑ b. The current permittee is (select at least one of the following, but all that apply):
❑ A natural person who is deceased.
❑ A partnership, Limited Liability Corporation, corporation, or any other business
association that has been dissolved
❑ A person who has been lawfully and finally divested of title to the property on which the
permitted activity is occurring or will occur.
❑ A person who has sold the property on which the permitted activity is occurring or will
occur.
❑ Other(please explain):
❑ c. The proposed permittee agrees to the following requirements (all must be selected):
❑ There will be no substantial change in the permitted activity.
❑ The permit holder shall comply with all terms and conditions of the permit until such
time as the permit is transferred.
❑ The successor-owner shall comply with all terms and conditions of the permit once the
permit has been transferred.
E . .
MAY 19 2021
BY
Stormwater Permit Transfer Application Form Page 2 of 7 April 27,2018

C. SUBMITTAL REQUIREMENTS
Please mark"Y"to confirm the items are included with this form. Please mark"X"if previously provided. If not
applicable or not available, please mark N/A.:
Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2).
Y 2. Two hard copies(with original signatures) and one electronic copy of this completed form and the
required items.
Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of
State demonstrating that the proposed permittee is a legal and viable entity able to conduct
business in North Carolina.
Y 4. If Part B, Items 1 or 3 of this form is selected,the signed and notarized
applicable O&M agreement(s)from the proposed permittee, as required by the permit.
Y 5. Legal documentation that the property has transferred to the proposed permittee(such as a
recorded deed for the property, uncompleted development and/or common areas) or legal
documentation demonstrating that the proposed permittee is the sole claimant of the right to
engage in the permitted activity.
Y 6. If required by the permit and if the project has been built, a signed, sealed and dated certification
document from a licensed professional stating that the stormwater management system has been
inspected and that it has been built and maintained in accordance with the approved plans.
Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has
been built, documentation that the maximum allowed per lot built-upon area or the maximum
allowed total built-upon area has not been exceeded. If the project has not been built, the new
owner shall provide a signed agreement to submit final recorded deed restrictions and protective
covenants. SEE ALL COVENANT ATTACHMENTS AT THE END OF THIS PERMIT APPLICATION.
N/A 8. If transferring under G.S. 143-214.7(c2) (i.e., Part B, Item 2 of this form is selected),
documentation verifying that 50%or more of the lots have been conveyed to individuals(not
builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address,
owner's name, conveyance date and deed book and page number are acceptable.
N/A 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal
documentation supporting the dissolution of the corporation or documentation supporting the
current permittee was lawfully and finally divested of title of the property.
N/A 10. A copy of the lease agreement if the proposed permittee is the lessee.
N/A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
N/A 12. A copy of the development agreement if the proposed permittee is the developer.
ECE E1vgrE,
MAY 19 2021
BY:
Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018

1
D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email.
1. Current Permit Holder's Company Name/Organization: TIOGA, LLC
2. Signing Official's Name: SCOTT GEROW
3. Signing Official's Title: MEMBER- MANAGER
4. Mailing Address: P.O. BOX 15970
City: WILMINGTON State: NC Zip: 28408
5. Street Address:
City: State: ZIP:
6. Phone: (910) 279-1582 Email: [e-mail]
I, &&J4 {2jZOw , the current permittee, am submitting this application for a
transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified
on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project
and/or the stormwater system associated with this permit. I have provided a copy of the following documents to
the proposed permittee named in this application form: (select all that apply)
❑ the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions,covenants, common areas, drainage easements or plats;
❑ the approved plans and/or approved as-built plans;
❑ the approved operation and maintenance agreement;
❑ past rn.ai^tenan G rccordc from the previous permittee(where required);
❑ a copy of the most recent inspection report;
I further attest that this application and request for a permit transfer is accurate and complete to the best of my
knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand
that if all required parts of this request are not completed or if all required supporting information and attachments
listed above are not included, this request package will be returned as incomplete I assign all rights and
obligations as permittee to the proposed permittee named below. I understand that this request to transfer the
permit may not be approved by the DEMLR unless and until the facility is in compliance with the permit.
Signature: Date:
I,_ �T`{`o►e� t-- L oujr_ , a Notary Public for the State of
�04--'rkN C o.ry k;,PQ, , County of tit A,0 t'w I.&OLX_c , do hereby certify
that 5co 4- G1 cry,�,J personally appeared before me
this the y day of l�-��r.5�. ,20 1g , and acknowledge the due
execution of the forgoing instrument.Witness my hand and official seal,
0
°°�`uoma��aso°
oo°°e°4+�Y I.' °boo
(Notary Seal) "°"" t
a,�c
U �OT. b�, � MAY ...
Notary Signature: L ` '� „
�� '°UE3l.�O ,Z�d BY
My commission expires ;lLOQ1
./l
6gMM • 4
�1 ,tea•'^
Stormwater Permit Transfer Application Form Page 4 of 7 April 27,2018

E. PROPOSED PERMITTEE INFORMATION
1. The proposed permittee is the:
❑ Property owner(Also complete Part F.)
Home Owners Association (HOA), Property Owners Association (POA),or Unit Owner Association
(UOA) (Also complete Part F.)
❑ Lessee-Attach a copy of the lease agreement. Both the lessee and the property owner will appear on
the permit as co permittees. If the lease is terminated, responsibility for the permit reverts to the property
owner. (Also complete Parts F& G.)
❑ Purchaser-Attach a copy of the pending sales agreement. The permit will require submission of a copy
of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the
permit reverts to the property owner. (Also complete Parts F& G.)
❑ Developer-Attach a copy of the development agreement. Both the developer and the property owner
will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for
the permit reverts to the property owner. (Also complete Parts F&G.)
2. Proposed permittee name (check one of the following and provide the name):
❑ Corporation, LLC, Partnership, Municipality name:
® HOA/POA/UOA name: THE KNOLLS AT TURKEY CREEK HOMEOWNERS ASSOCIATION, INC.
❑ Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email.
a. Signing Official's Name: PAUL DEREK jARRE T T
b. Signing Official's Title: REGISTERED AGENT
c. Mailing Address: P.O. BOX 12051
City: WILMINGTON State: NC Zip : 28405
d. Street Address: 2018 EASTWOOD ROAD
City: WILMINGTON State: NC —Zip : 28403
e. Phone: (_) Email:
4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide:
Please be sure to provide Email.
a. Management Company or Business name:
b. Contact Name: Title:
c. Mailing Address:
d. City: State: ZIP:
e. Phone: Email:
MAY 19 2021
BY
Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018

F. PROPOSED PERMITTEE CERTIFICATION
1, , hereby notify the DEMLR that I have acquired through sale, lease,
development agreement, or other legal transfer, the project/property covered by the stormwater management
permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater
management system. I acknowledge and attest that I have received a copy of: (select all that apply):
❑ the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats;
❑ the approved plans and/or approved as-built plans;
❑ the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee (where required);
❑ a copy of the most recent inspection report;
❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance
issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a
written document statement, with a "plan of action and schedule"addressed to this office stating that they will
bring the project into compliance upon receipt of the transferred permit. This written plan of action and
schedule"must be received by the Division before the Division will transfer the permit.
I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will
comply with the terms and conditions of the permit. I will construct the project's built-upon area as shown on the
approved plans; and I will{construct}, operate and maintain the approved stormwater management system
pursuant to the requirements listed in the permit and in the operation and maintenance agreement.
Signature: Date:
1, , a Notary Public for the State of
County of do hereby certify that
personally appeared before me this the day of 20 , and
acknowledge the due execution of the forgoing instrument.Witness my hand and official seal,
(Notary Seal)
Notary Signature
My commission expires
AY 19
eY
Stormwater Permit Transfer Application Form Page 6 of 7 April 27,2018

r
G. PROPERTY OWNER INFORMATION AND CERTIFICATION
Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to
the property owner if the purchase agreement, development agreement or lease expires or is terminated.
Company Name/Organization:
Signing Official's Printed Name:
Signing Official's Title:
Mailing Address:
City: State: —ZIP :
Phone: (_) Email:
1, hereby certify that I currently own the property identified in
this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the
property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase
agreement, development agreement or the lease agreement,which names the party responsible for the
construction and/or operation and maintenance of the stormwater system, has been provided with the permit
transfer request.
I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements
and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer
Application Form to address these changes.As the legal property owner, I acknowledge, understand, and agree
by my signature below,that the permit will revert to me and I will be responsible for complying with the DEMLR
Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I
understand that anv individual or entity found to be in noncompliance with the provisions of the stormwater
management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute
(NCGS) 143,Article 21.
Signature of the property owner Date:
a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this the day of
, 20 and acknowledge the due execution of the forgoing instrument.Witness
my hand and official seal,
(Notary Seal)
Notary Signature
My commission expires
EC-0%EIVF, .
MAY 19 2021
BY:
Stormwater Permit Transfer Application Form Page 7 of 7 April 27,2018

Jimmy Fentress
` '
From: Pusey, Steven <[e-mail]> APR 2
Sent: Tuesday,April 20, 2021 11:5'8 AM
To: Jimmy Fentress
mac: James,Trentt
Subject: RE: [External] THE KNOLLS AT TURKEY CREEK STORMWATER CONVEYANCE
Follow Up Flag: Follow up
Flag Status: Flagged �--
Jimmy, a
I can't get the attachment to print. Have you submitted a hard copy of this information?
If you don't want to print it out and submit it that way, you could submit it in several emails, separating the
documents by type. Or, even better, you could submit it on a thumb drive.
Please advise. Also, do they want to submit an application to transfer the permit at this time?
Thanks,
Steve
5 t,— f P
Steven G. Pusey
Environmental Engineer H
Division of Energy, Mineral and Land Resources
State Stormwater Program
North Carolina Department of Environmental Quality —�i5 l5
127 Cardinal Drive,Wilmington, NC 28405 1
Office: [phone] 116t08
Direct [phone] 1305 ly c
Email: [e-mail] — rjW�
Q.R�-
-Sw-b4L4)�- ti5aa��
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From:James,Trentt<[e-mail]>
Sent:Wednesday, March 31, 20213:22 PM
To: Pusey, Steven<[e-mail]>
Subject: Fw: [External]THE KNOLLS AT TURKEY CREEK STORMWATER CONVEYANCE
1

Hey Steve, can you please advise Jimmy and Scott about this project. Looks like some stuff was submitted for transfer
but not sure the status.
I will look at Turtlewood next week.
Thanks
Trentt
Trentt Jaynes
Environmental Specialist II
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
Phone: [phone]
Email: [e-mail]
Physical Address: 127 Cardinal Dr Ext.
Mailing Address: 127 Cardinal Dr Ext.
Wilmington, NC 28405
D,,..
E.
llpc at�¢wflly
Q ;pr
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From:Jimmy Fentress<[e-mail]>
Sent:Wednesday, March 31,2021 1:39 PM
To:James,Trentt<[e-mail]>
Cc:Scott Gerow<[e-mail]>
Subject: [External]THE KNOLLS AT TURKEY CREEK STORMWATER CONVEYANCE
CAUTION:External.email Do not click links or open attachments unless-fou verify.Send al,1 suspicious email as an attachment to Report
S am.
Trent,
This appears to be what was sent in.July of last year. I was thinking as a result of this transmission we had an inspection with
you. I really haven't attempted to expedite Steven too much because I thought we were needing to get good with you before
2

we could get rid of the stormwater permit. I did have a conversation with Steve about it shortly after submitting but it was more
just confirmation that he had received it than anything else. Please confirm that we are following proper protocol.
Thanks,
Jimmy
James H.Fentress Jr.PE 20643,PLS L-3902
Stroud Engineering,PA
102D Cinema Dr.
Wilmington,NC 28403
910.815.0775 x323
3

STROUD ENGINEERING Rj-) ,
CONSULTING ENGINEERS
102D CINEMA DRIVE +.:
WILMINGTON,NORTH CAROLINA 28403
W W W,S MOUDENGINEER.COM
LICENSE NO.C-0647
July 27,2020
NCDENR
Attn:Steven G. Pusey
127 Cardinal Drive
Wilmington, North Carolina 28405
Re: The Knolls at Turkey Creek
State Stormwater Management Permit SW8130514&SW8 151209
Pender County
Dear Steven,
am writing on behalf of the perm.ittee for these two permits,Tioga, LLC. In accordance
with items 8 and 12 respectively of each Schedule of Compliance, I am including certification
that these developments have been built within substantial compliance of the permits. I am
also includingthe record maps,deeds forthe common areas,as well as the recorded covenants
substantiating compliance with the per lot Built Upon Area restrictions as well as other permit
requirements required to be therein represented. I hope this meets your satisfaction and I
would welcome inspection toward compliance verification. Let me know when you would be
willing to meet onsite to do such.
4ks,
Jam H.F ntress Jr. PE,Ply
Attachments
1i .If
File W-\master\pvw1056\erosion control and stormwater\storm cert cover.doc
107B COMMERCE STREET 102D CINEMA DRIVE 3302C BRIDGES STREET
GREENVILLE,NORTH CAROLINA 27858 WILMINGTON,NORTH CAROLINA 28403 MOREHEAD CITY,NORTH CAROLINA 28557
262.756.9352 910.815.0775 252.247.7479

AS STROUD ENGINEERING, P. A.
CONSULTING ENGINEERS
i 02D CINEMA DRIVE
WILMINGTON,NORTH CAROLINA 28403
WWW.STROUDENGINEER.COM
LICENSE NO.C-0647
The Knolls at Turkey Creek
State Stormwater Management Permit No. SW8130514
Rocky Point Township,Pender County
ENGINEER'S CERTIFICATION
I,James H.Fentress,Jr.,P.E., as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (peti©riically, weekly, fizll time) the
construction of the project,
The Knolls at Turkey Creek under County:
Project Name v Location
for the Permittee hereby state that to the best of abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within
substantival compliance and intent of the permit,the approved plans and specifications, and other
supporting naa
Signature Registration No. Zak 43
Date �ZA .�` GPROQA( ' a
�`r'•�cySlOq%9 sCo
eNG
fS'H VaN%`roa•
W masterlpw-10561Erosion Control and StormwaterlPhase 11KNOLLS STORM CERT PHl.doc
1078 COMMERCE STREET 102D CINEMA DRIVE 3302C BRIDGES STREET
GREENVILLE,NORTH CAROLINA 27858 WILMINGTON,NORTH CAROLINA 28403 MOREHEAD CITY,NORTH CAROLINA 28557
252.756.9352 910.815.0775 252.247.7479

STROUD ENGINEERING, P. A.
CONSUUING ENGINEERS
102D CINEMA DRIVE
WILMINGTON,NORTH CAROLINA 28403
WW W.SMOUDENGINEER.COM
LICENSE NO.C-0647
The Knolls at Turkey Creek Section 2
State Stormwater 1Mannement Permit No. SW8151209
Rocky Point Township,Pender County
ENGINEER'S CERTIFICATION
I,James H.Fentress,Jr.,P.E., as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (pericadieally, weekly, full time) the
construction of the project,
The Knolls at Turkey Creek Section 2 Pender County
Project Name Location
for the Permittee hereby state that to the best of abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the permit, the approved plans and specifications, and other
supporting materi
Signature a Registration No. 2, A 3
Date -Ttei `2 L- a'aiiNIROiiiii L/Ar
�Ar
01
az.CL ��p3
PIN14
`�aA'aasineiso°s
WAinaster\pw-1056\Erosion Control and Stormwater\KNOLLS STORM CERT PH2.doc
107B COMMERCE STREET 102D CINEMA DRIVE 3302C BRIDGES STREET
GREENVILLE,NORTH CAROUNA 27868 WILMWGTON,NORTH CAROLINA 28403 MOREHEAD CITY,NORTH CAROLINA 28567
252.756.9352 910.815.0775 252.247.7479

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II IIIIIYIIIDIIIIIdI�I®
Doe No: 20015759
Recorded: 10/03/2016 03:05:40 PM
Fee Amt $26.00 Page 1 of 3
Excise Tax:$0.00
Pander County North Carolina
Sharon Learyyflloughby,Register of Deeds
BK 4629 PG 1914-1916(3)
Excise Tax: $0.00
Tax Parcel No.3223-36-8056-0000
atom to: Hodges Coxe Potter&Phillips,LLP,3907-100 Wrightsville Avenue,Wilmington,NC 28403
repared by: Hodges Coxe Potter&Phillips,LLP,3907-100 Wrightsville Avenue,Wilmington,NC 28403
Brief description for the Index: OpenSpace/Common Area,Section 2,Phase 1,The Knolls @ Turkey Creek
The preparer of this instrument has made no examination of the record title to the property conveyed herein and renders
no opinion on title or advice regarding tax matters affecting the property conveyed herein.
STATE OF NORTH CAROLINA
COUNTY OF PENDER QUITCLAIM DEED
THIS DEED,made this ;J 044' day of September,2016,by and between the Grantor and Grantee named herein.
(The terms"Grantor"and"Grantee"as used herein shall include the singular and plural,the masculine,feminine and
corporate,as the context may require,and the heirs,successors and assigns of the Granter(s)and Grantee(s));
GkA,NTOR: TIOGA,LLC,a North Carolina Limited Liability Company with its principal office in Castle Hayne,
New Hanover County,North Carolina
GRANTEE: The Knolls®Turkey Creek Homeowners Association,Inc.,a North Carolina non-profit corporation
with its principal office in Wilmington,New Hanover County,North Carolina whose mailing address is:
P.O.Box 12051,Wilmington,North Carolina28405
WITNESSETH,that said Grantor, for a valuable consideration paid by the Grantee,the receipt of which is hereby
acknowledged,has remised and released and by these presents does hereby remise,release,convey and forever quitclaim
unto said Grantee,his heirs and/or successors and assigns,all right,title,claim and interest of the Grantor in and to that
certain lot or parcel of land situated in Rocky Point Township,Pender County,North Carolina,and more particularly
described as follows:
See EXHIBIT"A"attached hereto and incorporated herein by reference.

BK 4629 PG 1915 DOC#20015-5.99
pg 1915
TO HAVE AND TO HOLD the aforesaid parcel of land and all privileges thereto belonging to the Grantee,his heirs and/or
successors and assigns,free and discharged from all right,title,claim or interest of the Grantor or anyone claiming by,
through or under him.
IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written.
TIOGA,LLC
By: (SEAL
Scott Ge%W,MemOrfAUnager
State of North Carolina-County of New Hanover
I,the undersigned Notary Public of the County of New Hanover and State aforesaid,certify that Scott Gerow,
personally appeared before me this day and acknowledged that he is a Member/Manager of TIOGA,LLC,a
North Carolina limited liability company,and that by authority duly given and as the act ofthe limited liability
company,the foregoing instrument was duly executed by Scott Gerow as its Member/Manager for the
purposes therein expressed.
Witness my hand and Notarial stamp or sea]this 0 day of September,2016.
My Commission Expires: 2.
S'^��+�E/r�Gw Quzu Notary Public
Notary's Printed Name
(Affix Seal) xuuu�
BU a
z

BK 4629 PG 1916 DOC#20Q7.5759
Sk 4629
P9 1916
EXHIBIT"A"
BEING ALL of the Common Area identified as"OPEN SPACE"on a plat entitled"Section 2 Phase 1 The
Knolls @ Turkey Creek,"said plat duly recorded in Map Book 59 at Page 93 of the Pender County
Registry,reference to which is hereby made for a more particular description. The temporary
community mail-box area adjacent to Lot 145,as identified on said plat recorded in Map Book 59 at
Page 93 of the Pender County Registry,Is not included in this conveyance.

BK 4713 PG 2480 - 2482 (3) DOC# 20064404
This Document eRecorded: 06/05/2020 08:48:56 AM
Fee: $26.00 DocType: DEED Tax: $0.00
Pender County, North Carolina
Sharon Lear Willoughby, Register of Deeds
DEED OF COMMON AREAS
.......... . .. . .
Excise Tax: $0.00
Tax Parcel No.: 3223-56-0871-0000, 3223-55-2447-0000, 3223-44-6812-0000, 3223-24-1501-0000,
3223-35-5861-0000, 3223-25-8493-0000 Grantee is a homeowners'association as defined in §528(c)of the
Internal Revenue Code. The property conveyed will be held by the Grantee for the use, benefit and
enjoyment of all members of the association equally,each member of the Grantee has an irrevocable right
to use and enjoy, on an equal basis, the property conveyed herein, subject to the Declaration,Bylaws and
Rules and Regulations of the Grantee, and the irrevocable right to use and enjoy the property conveyed
herein is appurtenant to taxable real property owned by a member of the Grantee.Property should not be
assessed or taxed against the Grantee pursuant to G.S.§105-277.8.
Return.to:The Humphries Law Firm, PC, 1904 Eastwood Road,Suite 310A, Wilmington,NC 20403
Prepared by:The Humphries Law Firm,PC, 1904 Eastwood Road, Suite 310A, Wilmington,NC 28403
Property Address:
Brief description for the Index: OPEN SPACE PB 56/46 KNOLLS AT TURKEY CREEK,COMMON AREA PB
61/17 KNOLLS @ TURKEY CM COMMON AREA/OPEN SPACE PB 62/27,COMMON AREA KNOLLS @
TURKEY CREEK,COMMON AREA/OPEN SPACE PB 63/54
THIS DEED OF COMMON AREAS,made this q day of 1u(! 2020,by and between the Grantor
and Grantee named herein.(The terms"Grantor"and"Grantee"as used herein shall include the singular and plural,the
masculine,feminine and corporate,as the context may require,and the heirs,successors and assigns of the Grantor(s)and
Grantee(s));
GRANTOR: Tioga,LLC,a North Carolina Limited Liability Company with its principal Office in Castle Hayne,
New Hanover County,North Carolina
GRANTEE: The Knolls @Turkey Creek Homeowners Association,Inc.,a North Carolina non-profit
corporation with its principal Office in Wilmington,New Hanover County,
North Carolina,with a mailing address of 1908 Eastwood Road,Suite 321,Wilmington,NC 28403.
WITNESSETH
WHEREAS, Grantor, over the course of several years after acquiring said title, commenced the development of said
subdivision which development included but was not limited to the placement of streets, common area easements,
parks green spaces, and other common areas as well as other infrastructure necessary for the subdivision, and the
construction of homes in said subdivision,and
WHEREAS,the following documents pertaining to The Knolls @Turkey Creek subdivision are recorded in the Pender
County Registry Declaration of Covenants, Conditions and Restrictions for The Knolls @ Turkey Creek
("Declaration")in Deed Book 4453 at Page 298, Book 4239, at Page 097 and Book 4561, at Page 294, Plat for Open
submitted electronically by "The Humphries Lair Firm, P.C."
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Pender County Register of Deeds.

BK 4713 PG 2481 DOC#20064404
Space of The Knolls @ Turkey Creek in Map Book 56 Page 46 Plat for The Knolls @ Turkey Creek SECTION 2,
PHASE 2 in Map Book 6l, Page 17, Plat for The Knolls @ Turkey Creek Section 2,Phase 3 in Map Book 62 Page 27,
Plat for The Knolls @ Turkey Creek Section 2, Phase 4 in Map Book 62, Page 28 and Plat for The Knolls @ Turkey
Creek Section 2, Phase 5 in Map Book 63,Page 54.
WHEREAS,the aforesaid Declaration and Plats describe and illustrate various common areas, including but not being
limited to streets, alleys cul-de-sacs, islands, parks and green space, easements, and the stormwater runoff retention
+ system,and
WHEREAS, Grantor is duly authorized to make this Deed of Common Areas,and
WHEREAS,Grantee is duly authorized to accept this Deed of Common Areas,and
WHEREAS, Grantor desires to effectuate a transfer of the property herein described to Grantee in the manner
hereinafter set fni th
NOW, THEREFORE, Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has granted, bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and
convey unto said Grantee in fee simple, all of that certain lot or parcel of land situated in Rocky Point Township,
Pender County,North Carolina,and more particularly described as follows:
A FEE SIMPLE INTEREST in all of the property being known as the COMMON AREAS and
OPEN SPACE of The Knolls @ Turkey Creek subdivision, said Common Areas and Open Space
consisting of all of the Common Areas and Open Space described in the Declaration recorded in
Deed Book 4453,Page 298 of the Pender County Registry as well as the following:
TR.4,CT ONE TAX ID-3223-S6-0871-0000 ffRE KNOLLS c�kr TURKEY CgEE
BEING all of the tract referred to as OPEN SPACE, totaling 4.65 acres, and referred to in map
Book 56, Page 46, Pender County Registry, reference to which is hereby made for a more
particular description.
I TRACT TWO.TAX ID-3223-55-2447-0000(THE KNOLLS Q TURKEY CREEK)
BEING all of the tract referred to as ACTIVE OPEN SPACE,totaling 0.12 acres,and referred to
in map Book 56,Page 46,Pender County Registry, reference to which is hereby made for a more
particular description.
JUCT THREE.'EAXc ID -3223-44-6812400-0(THE KNOLI S @ TURKEY CREEK SECTION
2 PHASE 21• -
BEING all of the tract referred to as COMMON,totaling 0.36 acres,and referred to in map Book
61, Page 17, Pender County Registry, reference to which is hereby made for a more particular
i description.
i
TRACT FOUR_ TALC ID -3223-24-1501-0000(1ME BOLLS(a`TURKEY CREEK SECTION 2
PHASE 3)•
BEING all of the tract referred to as OPEN SPACE COMMON AREA, totaling 6.18 acres, and
referred to in map Book 62,Page 27,Pender County Registry, reference to which is hereby made
for a more particular description.
TRACT FIVE:TAX ID - 3 23-35-5861-0000 (THE KNOLLS n TURKEY C>lt l`> K SECTIUN 2
PHASE 4 and same tract also referred to in Section 2,Phase�;
BEING all of the tract referred to as OPEN SPACE COMMON AREA, totaling 1.33 acres, and
referred to in map Book 62, Page 28 as well as map Book 63, Page 54,Pender County Registry,
reference to which is hereby made for a more particular description.

BK 4713 PG 2482 DOC#20064404
i
nCk
T X TAX ID. 23-2S-8493-0.00 THE.. OL ItiTY CREEK. CTION 2
i
PHASE 5l:
BEING all of the tract referred to as OPEN SPACE COMMON AREA, totaling 7.48 acres, and
referred to in map Book 63,Page 54;Pender County Registry, reference to which is hereby made
for ai more particular description.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple, has the right
to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will
warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions:
l.Taxes for the current year,and subsequent years,not yet due and payable;
2.All applicable easements,rights of way, restrictions, and reservations of mineral rights of record, including
without limitation all of the covenants,conditions, restrictions and easements running with the title as set forth
I in the Pender County Registry;
3.Any other matters appearing of record in the Pender County Registry,as of the day of this Deed;
i
IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written.
Tioga,LLC
By: -- f BAL
I Scott row,Mem er/Manager
i
f
I
State of North Carolina County of New Hanover
I, the undersigned Notary Public of the County of New Hanover and State aforesaid, certify that Scott
I Gerow, personally appeared before me this day and acknowledged that he is a Member/Manager of
Tioga, LLC, a North Carolina limited liability company, and that by authority duly given and as the act
of the limited liability company, the foregoing instrument was duly executed by Scott Gerow as its
Member/Manager for the purposes therein expressed.
Witness my hand and Notarial stamp or seal this day of ,2020.
I
I .
Commission Expires: 07rZ`l&-t4
Amy Jaziri,Notary Public
(Affix Seal)
AMY JAZIRI
Notary Public, North Carolina
New Hanover County
my corn 1.gfon Expires
Z

11111111111101111111
Doc No: 20028333
Recorded: 09/12/2017 01.44:20 PM
Fee Amt: Sn.00 Page 1 of 3
Excise Tax:$0.00
Pender County North Carolina
Sharon Lear Willoughby,Register of Deeds
sK 4860 PG 2723-2726(3)
'XCOTT GEROW
Excise Tax: $o.00
Tax Parcel No.3223-45-2301-0000
Return to: Hodges Coxe Potter&Phillips,LLP,3907-100 Wrightsville Avenue,Wilmington,NC 28403
Prepared by: Hodges Coxe Potter&Phillips,LLP,3907-100 Wrightsville Avenue,Wilmington,NC 28403
Brief description for the Index: OpenSpace/Cnmmon Area,Section 2,Phase 2,The Knolls®Turkey Creek
The preparer of this instrument has made no examination of the record title to the property conveyed herein and renders
no opinion on title or advice regarding tax miters affecting the property conveyed herein.
STATE OF NORTH CAROLINA
OUTTCLAiM DEED
COUNTY OF PENDER
THIS VERT),marir.this 30% day of August,201?,by and between the Grantor and Grantee named'herein.
(The teens"Grantor"and"Grantee"as used herein shall include the singular and plural,the masculine,feminine and
corporate,as the context may require,and the heirs,successors and assigns of the Grantor(s)and Grantes(s));
GRANTOR: TIOGA,LLC,a North Carolina Limited Liability:Company with its principal office in Castle Hayne,
New Hanover County,.North Carolina
GRANTEE: The Knolls 0 Turkey Creek Homeowners Association,Inc.,a North Carolina non-profit corporation
with its principal office in Wilmington,New Hanover County,North Carolina whose mailing address is:
P.O.Box I2051,Wilmington;North Carolina 28405
WITNESSETH, that said Grantor, for a valuable consideration paid by the Grantee,the receipt of which is hereby
acknowledged,has remised and released and by these presents does hereby remise,release,convey and forever quitclaim
unto said Grantee,his heirs and/or successors and assigns,all right,title,claim and interest of the Grantor in and to,that
certain lot or parcel of land situated in Rocky Point Township,Pender County,North Carolina,and more particularly
described as follows:
See EXHIBIT"A"attached hereto and incorporated herein by reference.

BK 4650 PG 2724 DOC#200?-8333
6k46W
Pg 2724
TO HAVE AND TO HOED the aforesaid parcel of land and all privileges thereto belonging to the Grantee,his heirs and/or
successors and assigns,tree and discharged from all right,title,claim or interest of the Grantor or anyone claiming by,
through or under him.
IN WITWESS WI-IEkEOF,the Grantor has duly executed the foregoing as of the day and year first above written.
TIOGA,LLC
By: SEAL
Scott Ge mbe#Manager
State of North Carolina.-County ofNew Hanover
1,the undersigned.Notary Public of the County ofNew Hanover and State aforesaid,certify that Scott Gerow,
personally appeared before me this day and acknowledged that he is a Member/Manager of TIOGA,LLC,a
North Carolina limited liability company,and that by authority duly given and as the act ofthe limited liability
company,the foregoing instrument was duly executed by Scott Gerow as its Member/Manager for the
purposes therein expressed.
Witness my hand and Noterial_stamp or seal this 5 0day of August,2017.
a —a0 W,YYI�.�- C� �7/'tLt,[�il6
CYNTHIA L THERKILp,SEN CJnF�Ma 1.--]he r ki rdsrr,��,y p„bli�
NarAW PUBLIC Notary's Printed Name
(AffSOUNW8 COUNTY,NC
2

BK 4650 PG 2725 DOC#2002%J33 -
log 2725
EX Mff"A"
BEING ALL of the Common Area identified as"COMMON"area on a plat entitled"Section 2 Phase 2 The
Knolls @ Turkey Creek"said plat duly recorded in Map Book 61 at Page 17 of the Pender County Registry,
reference to which is hereby made for a more particular description.The temporary community mail-box
area adjacent to Lot 149,as Identified on said plat recorded in Map Book 61 at Page 17 of the Pender
County Registry,Is not included in this conveyance.

BK 4610 PG 2530 - 2531 (2) DOC# 20004888
This Document eRecorded: 11/24/2015 11 :12:25 AM
Fee: $26.00 DocType: QCD Tax: $0.00
Pender County, North Carolina
Sharon Lear Willoughby, Register of Deeds
NORTH CAROLINA QUITCLAIM DEED
Excise Tas: $0Vf'10'r=SEARCH PERFORMED,NO OPINION RENDERED,DESCRIPTION PROVIDED
Parcel Identifier No. �,223 -A`o— '1 O 9 Z-0000
Property Address: Open Space/Common Area,The Knolls @ Turkey Creek
Prepared By: Colby&Mtncey;PLLC
Return to: 10011Affitary Cutoff Road,Suite 204
Vidmington,NC 2SQ5
Brief Description for the Index: Open Space/Common Area,The Knolls @ Turkey Creek
THIS DEED made this 2 day of N`'i ern b e'r 201 .by and between
GRANTOR GRANTEE
TIOGA,LLC The Knolls @ Turkey Creek Homeowners
Association,Inc.
f
Mailing Address:
The designation Grantor and Grantee as used herein shall include said parties,their heirs, successors,and assigns,and
shall include singular,plural,masculine,feminine or neuter as required by contest
That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) to him in hand paid, the receipt of
which is hereby acknowledged, has remised and released and by these presents does remise, release, convey, and
forever quitclaim unto the Grantee, his heirs and/or successors and assigns, all tight, title, claim and interest of the
Grantor in and to a certain lot or parcel of land lying and being in Pender County, North Carolina and more
particularly described as follows:
BEING all of the Open Space and Open Space/Common Area on a plat entitled The Knolls•(ate 'Turkey
Creek, Phase 2 recorded in Map Book 58 at Page 86, Pender County Registry, reference to which is hereby
made for a more particular description.
submitted electronically by "Colby & Mincey, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Pender county Register of needs.

BK 4610 PG 2531 DOC#20004888
TO HAVE AND TO HOLD the aforesaid parcel of land and all privileges thereunto belonging to him,the Grantee,
his heirs and/or successors and assigns, free and discharged from all right, title, claim or interest of the Grantor or
anyone claiming by,through or under him.
IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written.
U
TIOGA,LL S
E (SEAT,)
By _.. B
Title: : L
A —(SEAL)
By (C
Title: K
O (SEAL)
By: R
Title: B
L " AL)
U
E
I
N
K
!t' �►• (VON! ���C\C'V Couny; State of i
ST
Oe U I certify that the following person(s)personally appeared before me this day,each
a Z acknowledging tome that he or she voluntarily signed fore ping document for the
g� p ose stated th cin and in the capacity indicated:
t7
N �p� Date: 2q VS _
q f
My co ssio expires: ` _23 ic� l_ - _ ot,Pu c
SEAL-STA vo County State of
I certify that the following person(s)personally appeared before me this day,each
acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
Date:
My commission expires: Notary Public
The foregoing Certificate(s) of is/are
certified to be correct This instrument and this certificate are duly registered at the date and time and in the Book
and Page shown on the first page hereof
Register of Deeds for
County
By: Deputy/Assistant—Register of Deeds

of n111INI 10111 o
Doe No: 2oo29332
Recorded: 09l12=17 01:44:19 PM
Fee And: 326.00 Page 1 of 2
Pander County North Carolne
Sharon Lear Wdleughby,Register of Deeds
eK 4650 PG 2721-2722(2)
Prepared by: Hodges Coxe Potter&Phillips,LLP,3907-I00 Wrightsville Ave,Wilmington,NC 28403
Return to: Hodges Coxe Potter&Phillips,LLP,3907-100 Wrightsville Ave,.Wilmington,NC 28403
STATE OF NORTH CAROLINA
COUNTY OF PENDER
FOURTH AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS
AND RESTRICTIONS FOR THE KNOLLS @ TURFY CREEK
THIS FOURTH AMENDMENT TO THE DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS FOR THE KNOLLS @ TURKEY CREEK,made this
3e day of August,2017,by TIOGA,LLC,a North Carolina limited liability company,hereinafter
referred to as"Declarant".
WITNESSET :
WHEREAS,the,Declarant has developed w subdivision in Pender County known as The
Knolls @ Turkey Creek(hereinafter"Subdivision");said Subdivision being shown on that map
recorded in Map Book 56 at Page 46 of the Pender County Registry;
WHEREAS,the Declarant caused a Declaration of Covenants Conditions and Restrictions
(hereinafter"Covenants")for the Subdivision to be recorded in Book 4453 at Page 298 ofthe Pender
County Registry;
WHEREAS,pursuant to Article III,Section 1(f),the Covenants may be amended by the
Declarant to conform with the requirements of any law or governmental agency having legal
jurisdiction over the property of the Subdivision;
section;WHEREAS, the Declarant desires to amend the Covenants pursuant to said article and
WHEREAS,pursuant to Article X,the Covenants provide for the annexation of additional
property into the Subdivision; Z =------ --
SCOTT GEROW

BK 4650 PG 2722 DOC#20028332
Bk 4M
Pg 2722
WHEREAS,the Declarant has recorded a map in Map Book 61 at Page 17 of the Pender
County Registry showing additional lots which Declarant desires to annex into the Subdivision.
NOW,THEREFORE,Declarant does hereby amendthe Covenants recorded in Book'4453 at
Page 298 of the Pender County Registry as follows:
1. All of the property shown on the map recorded in Map Book 61 at Page 17 of the
Pender County Registry is hereby made subjectto the Covenants set outby Declarant
in Book 4453 at Page 298 of the Pander County Registry,
IN WITNESS WHEREOF,the Declarant has hereunto set its hand and seal as of the day
and year first above written.
DECLARANT:
TIOGA,LLC
BY SEAL
Scott ,M er/Manager
State of North Carolina-County of New Hanover
L the undersigned Notay Public ofthe County ofNew Hanover and State afzrresaid,certify that Scott Gerow,
personally appeared before me this day and acknowledged that he is a Member/Manager ofTIOGA,LLC,a
limited liability company,and that by authority duly given and as the act ofthe limited liability company,the
foregoing instrument was duly executed by Scott Gerow as its Member/Mauager for the purposes therein
expressed.
Witness my hand and Notarial stamp or seal this_rday of August,2017.
Commission ` G
MY Expires: ���a`�'-a D /
Pvahla L• bier i d5q tary:Public
(Affix 3 ) � No 's Printed Name
CMAfl;NC

Do�)urrr��rurrrur�ia�r�
c Na 2D014231
Recorded: 0 34,22D18 0244:45 PM Fee Amt. 526.00 Page 1 of 3
Pe-
der County North Carolina
Sharon Lear Wifloughby Register of Deeds
BK 4926 PG 2614-2616(3)
Prepared by: Sarah R.Buzzard,Hodges Coxe Potter&Phillips,LLP
Retum to: 3907-100 Wrightsville Ave,Wilmint*ton,NC 28403
STATE OF NORTH CAROLINA
COUNTY OF PENDER
THIRD AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS \
AND RESTRICTIONS FOR THE KNOLLS Cad.TURKEY CREEK
THIS THIRD AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS
AND RESTRICTIONS FOR THE KNOLLS @. TURKEY CREEK, made this 5"" day of
August,2016,by TIOGA,LLC,a North Carolina limited liability company,hereinafter referred to as
"Declarant".
WITNESSETH:
WHEREAS,the Declarant has developed a subdivision in Pender County known as The
Knolls @ Turkey Creek(hereinafter"Subdivision"), said Subdivision being shown on that map
recorded in Map Book 56 at Page 46 of the Pender County Registry;
WHEREAS,the Declarant caused a Declaration of Covenants Conditions and Restrictions
(hereinafter"Covenants')for the Subdivision to be recorded in Book 4453 at Page 298 of the Pender
County Registry;
WHEREAS,pursuant to Article III,Section I(f),the Covenants may be amended by the
Declarant to conform with the requirements of any law or governmental agency having legal
jurisdiction over the property of the Subdivision;
WHEREAS, the Declarant desires to amend the Covenants pursuant to said article and
section;
WHEREAS,pursuant to Article X.the Covenants provide for the annexation of additional
property into the Subdivision;

BK 4626 PG 2515 DOC#20014231
Bk 4625
Pa 2515
WHEREAS,the Declarant has recorded a map in Map Book 59 at Page 93 of the Pender
County Registry showing additional lots which Declarant desires to annex into the Subdivision.
NOW,THEREFORE.Declarant does hereby amend the Covenants recorded in Book 4453 at
Page 298 of the Pender County Registry as follows:
1. All of the property shown on the map recorded in Map Book 59 at Page 93 of the
Pender County Registry is hereby made subject to the Covenants set out by Declarant
in Book 4453 at Page 298 of the Pender County Registry,
2. Article IX.Section 2 shall be amended to include the following:
The following covenants for The Knolls at Turkey Creek Section 2 are intended to
ensure ongoing compliance with State Stormwater Management Permit Number SW S
i a a:iH ai issued by the Division of Water Quality under the Stormwater Management
Regulations,Title 15A NCAC 2H.1000 and S.L.2006-246.
The State of North Carolina is made a beneficiary of these covenants to the extent necessary
to maintain compliance with the stormwater management permit.These covenants are to run
with the land and be binding on all persons and parties claiming under them.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.Alteration of the drainage as
shown on the approved plan may not take place without the concurrence of the Division of
Water Quality.
The maximum allowable built-upon area per lot is -° • ' r - --et.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 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.In the case of a conflict within CAMA's regulated AEC,where the Division of Coastal
Management calculates a different maximum allowable built-upon area for that lot than is
shown herein, the governing maximum built-upon area for that lot shall be the most
restrictive of the two. 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.Each lot will maintain a 50 foot wide vegetated buffer between all
impervious areas and surface waters.All roof drains shall terminate at least 50 foot from the
mean high water mark of surface waters.
Any individual or entity found to be in noncompliance with the provisions of the stormwater
management permit or the requirements of the stormwater rules found in Title 15A NCAC
2H.1000 and Session Laws 2006-246 and 2008-211 is subject to enforcement procedures as
set forth in N.C.G.S.A.Ch. 143,Art.21.

BK 4626 PG 2516 DOC#2001424162,
P9 2516
IN WITNESS WHEREOF,the Declarant has hereunto set its hand and seal as of the day
and year first above written.
DECLARANT:
TIOGA,LLC
By:
Scott Ge m 1171manager
State of North Carolina-County of New Hanover
1,the undersigned Notary Public ofthe County of New Hanover and State aforesaid,certify that ScottGerow,
personally appeared before me this day and acknowledged that he is a Member/Manager of TIOGA,LLC,a
limited liability company,and that by authority duly given and as the act of the limited liability company,the
foregoing instrument was duly executed by Scott Gerow as its Member/Manager for the purposes therein
expressed.
Witness my hand and Notarial stamp or seal this s day of August,2016.
My Commission Expires: 1 C� pp
& QI-el n a/h6V" P/i OAj Notary•Public
Notary's Printed Name
(Affix Seal) ��9(�
fur aoMOaza �~ �ir
Z PUg1r��'J�
NOVER
nntao

BK 4610 PG 2528 - 2529 (2) DOC# 20004887
This Document eRecorded: 11/24/2015 11 :12:24 AM
Fee: $26.00 DocType: AMEND Tax: $0.00
Pender County, North Carolina
Sharon Lear Willoughby, Register of Deeds
STATE OF NORTH CAROLINA
COUNTY OF PENDER
SECOND AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS
AND RESTRICTIONS FOR THE KNOLLS @ TURKEY CREEK
THIS AMENDMENT TO THE DECLA_RATInN OF rQvErrauTc COr?DITTONS
AND RESTRICTIONS FOR THE KNOLLS @ TURKEY CREEK made this 214 day of No-
vember, 2015 by and between TIOGA, LLC, a North Carolina limited liability company (here-
inafter referred to as"Declarant").
WITNESSETH :
WHEREAS, the Declarant has developed a subdivision in Pender County known as The
Knolls @ Turkey Creek (hereinafter "Subdivision"); said subdivision being shown on that map
recorded in Map Book 56 at Page 46 of the Pender'County Registry;
WHEREAS, the Declarant caused a Declaration of Covenants Conditions and Restric-
tions (hereinafter "Covenants") for the Property to be recorded in Book 4453 at Page 298 of the
Pender County Registry;
WHEREAS, pursuant to Article X, the Covenants provide for the annexation of addition-
al property into the Subdivision;
WHEREAS,the Declarant has recorded a map in Map Book 58 at Page 86 of the Pender
County"Registry showing additional lots which Declarant desires to annex into the Subdivision;
and
NOW, THEREFORE, Declarant, does hereby amend the Covenants recorded in Book
4453 at Page 296 of the Pender County Registry as follows:
submitted electronically by "Colby & Mincey, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Pender county Register of Deeds.

BK 4610 PG 2529 DOG#20004887
1. All of the property shown on the map recorded in Map Book 58 at Page 86 of the Pender
Co'.znty Registry is hereby made subject to the Covenants set out by .Declarant in Book 4453 at
Page 258 of the Pender County Registry_
IN WITNESS THEREOF,the parties have hereunto set their hand and seal.
TIOGA,LLC
J
BY (SEAL)
Scott Gero , emb"anger
STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid, certify that Scott Gerow personally
appeared before me this day and acknowledged that he is Member/Manager of TIOGA, LLC,
and that by authority duly given and as the act of the limited liability company,the foregoing in-
strument was signed in its name by its Member/Manager.
Witness my baud and official stamp or seal,this 1� day of November,2015.
C.
r i� L.• Notary Pub '
My commission expires: e� 12-olr,
z= c7
Quo
mi

II 1111111 II 1 Jill III 1111 II 11111 II 11111 BOOK:4467 PAGE:113 113 Z4 17 000 E
Sharon Lear Willoughby.Fender County Register of Deeds Page 1 of 3
Pre aredB "` "� LBYvi.i.c
STATE OF NORTH CAROLINA P y: rTi)R N[w S AT L- t3
Return To: 1001 Military Cutoff Road,Suite 204
COUNTY OF FENDER Wilmington, NC 28405
AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS AND
RESTRICTIONS FOR THE KNOLLS @ TURKEY CREEK
THIS AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS
AND RESTRICTIONS FOR THE KNOLLS cr TURKEY CREEK made this 27th day of August
2014, by and between TIOGA, LLC, a North Carolina limited liability company (hereinafter re- i
ferred to as"Declarant").
WITNESSETH:
WHEREAS, the Declarant has developed a subdivision in Pender County known as The
Knolls @ Turkey Creek (hereinafter "Property"); said subdivision being shown on that map
recorded in Map Book 56 at Page 46 of the Pender County Registry;
WHEREAS, the Declarant caused a Declaration of Covenants Conditions and Restric-
tions (hereinafter "Covenants") for the Property to be recorded in Book 4453 at Page 298 of the
Pender County Registry;
WHEREAS, Article III, Section 1(f) provides that the Covenants may be amended by
Declarant to conform with the requirements of any law or governmental agency having legal ju-
risdiction over the Property; and
)W=AS, the Declarant desires to amend the Covenants pursuant to said article and I
section.
NOW, THEREFORE,Declarant, does hereby amend the Covenants as follows:
Submitted electronically by`Baker&Colby,PLLC"in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Pender County Register of Deeds.

BOOK:4467 PAGE:114 13 24 17.000
Sharon Lear Willoughby.Pender County Register of Deeds Page 2 of 3
1.Article III, Section 2 shall be deleted in its entirety and replaced with the following:
SECTION 2. Amendment of Declaration. Except as provided above, and as provided in
Article M Section 2, the covenants and restrictions of this Declaration may be amended
only by an instrument duly recorded in the Office of the Register of Deeds of Pender
County, executed by the duly authorized officers of the Association upon the vote of not
less than two-thirds (2/3) of the Lot Owners; provided that no amendment shall alter any
obligation to pay ad valorem taxes or assessments for public improvements, as herein
provided, or affect any lien for the payment thereof established herein.
2.Article IX, Section 2 shall be deleted in its entirety and replaced with the following:
SECTION 2, Stormwater Management. The following covenants are intended to en-
----- - - surCongoing compliance with State"Sto"rmwater ManagemenYPer"mit-Number S`VS
130514 as issued by the North Carolina Department of Environment and Natural
Resources under 15ANCAC 2H.1000.
The maximum allowable built-upon area per lot is 4,500 square feet. This allotted
amount includes any built-upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the pavement.
Built upon area includes,but is not limited to, structures, asphalt, concrete, gravel,brick,
stone, slate, coquina, but does-not include raised, open wood decking, or the water sur-
face of swimming pools. The covenants pertaining to stormwater may-not be altered or
rescinded without express written consent of the State of North Carolina. Filling in or
piping of any vegetative conveyances associated with the development except for aver-
age driveway crossings is strictly prohibited by any persons. In case of a lot within
CA INs regulated AEC, where the Division of Coastal Management calculates a differ-
ent maximum allowable built-upon area for that lot than is shown herein, the governing
maximum built-upon area that lot shall be the most restrictive of the two.
The State of North Carolina is made a beneficiary of these covenants to the extent nec-
essary to maintain compliance with the stormwater management permit. Alteration of
the drainage as shown on the approved plan may not take place withouf the concurrence
of the North Carolina Department of Environment and Natural Resources. These
covenants are to run with the land and shall be binding on all persons and parties claim-
ing under them. Each lot will maintain a 50' wide vegetated buffer between all impervi-
ous areas and surface waters. All roof drains shall terminate at least 50' from the mean
high water mark of surface waters.
Any individual or entity found to be in noncompliance with the provisions of the
stormwater management permit or the requirements of the stormwater rules found in
I SA NCAC 02R 1000 and Session Law 2008-211, is subj ect to enforcement procedures
as set forth in NCGS 143,Article 21.

B40K:4467 PAGE:11$ 1324:17.000
Sharon Lear Willoughby.Pender County Register of Deeds Page 3 of 3
IN WITNESS THEREOF,the parties have hereunto set their hand and seal.
TIOGA,LLC — --
BY --' (SEAL)
Scott Gerow, ber anger
STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid, certify that Scott Gerow personally
appeared before me this day and acknowledged that he is Member/Manager of TIOGA, LLC,
and that by authority duly given and as the act of the limited liability company,the foregoing in-
strument was signed in its name by its Member/Mamger.
Witness my hand and official stamp or seal,tlAs day of at,20 4.
Notary Pub
My commission expires: Iq 20 4
ARY GN
2kXk�

BOOK:4453 PAGE:298 1108108/2014
0:53:31.000 E
Sharon Lear Willoughby.Pender County Register of Deeds Page 1 of is
PREPARED BY: Baku&Colby,PLLC
RETURN TO: 1001 bfiU=7 Cutoff Road,Suite 204
Wilmington,NC 28405
STATE OF NORTH CAROLINA COUNTY OF PENDER
DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS
T H E K N O L L S @ T U R K E Y C R E E, K
THIS DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS,made the i� day
of July,2014 by TIOGA,LLC,a North Carolina limited liability company,hereinafter referred to as"Declar-
ant''.
T- ITLEIES .aElH :
Whereas,Declarant is the owner of certain real property in Pender County,North Carolina,known
as"The Knolls @ Turkey Creek"described on that plat recorded in Map Book 56 at Page 46 of Pender
County Regisrty to which reference is made for a more particular description;
Whereas Declarant desires to place certain covenants and restrictions upon the lands described
above;
WHEREAS, Owners and Lenders desire to join this Declaration to consent to its property being
subjected to the covenants and restrictions herein.
Now,THEREFORE,Declarant declares that the Property described above shall be held, sold and
conveyed subject to the following easements,restrictions, covenants, and conditions,which are for the pur-
pose of protecting the value and desirability of and which shall run with the land and be binding on and shall
inure to the benefit of all parties having any right,title or interest in the Property or any part thereof,their
heirs,successors and assigns.
ARTICLE I.
DEFINITIONS
SECTION 1.Association shall mean and refer to The Knolls @ Turkey Creek Homeowners As-
sociation, Inc., a North Carolina non-profit corporation;its successors and assigns,the owners association
organized for the purposes set forth herein.
1
"Submitted electronically by Baker&Colby,PLLC in compliance with North Carolina statutes governing recordable
documents and the terms of the submitter agreement with the Pender county Register of Deeds."

II'It) I 'I II f j II I I I'I II I 'I"I I'I' I 'II BOOK:4453 PAGE:299 10!53 31.GOG E
Sharon Lear Willoughby.Pender County Register of Deeds Page 2 of 18
SECTION 2. Common Area shall refer to all of that area labeled as Common Area, Open Space,
Active Area, Passive Area or the like upon plat of The Knolls @ Turkey Creek and shall be subject to all
local,state and federal rules and ordinances.
SECTION 3. Communiy Wide Standard. Declarant shall establish initially a standard for the con-
duct,construction,maintenance,replacement or other activity generally prevailing at The Knolls @ Turkey
Creek pursuant to Architectural Guidelines, Restrictions and Rules. Declarant may unilaterally amend said
standards as the development progresses.
SECTION 4.Declarant shall refer to TIOGA, LLC,a North Carolina limited liability company,its
successors and/or assigns (wbich designations shall include singular,plural,masculine and neuter as required
by the context).
SECTION 5.Declaration shall mean this instrument as it may be from time to time amended or
supplemented.
SECTION G.DeveloU=Period means the period commencing on the date on which this Decla-
ration is recorded in the Pender County Register of Deeds and terminating on the earlier to occur of (i)
when Declarant no longer owns a Lot in the Subdivision; (ii) the date that Declarant relinquishes in writing
Declarant's right to appoint Directors; or C4 the occurrence of the date ten (10) years from the date of
recording the Declaration,renewable for an additional ten(10)year period with the consent of a majority of
Lot Owners other than the Declarant
SECTION 7.LQtW shall mean and refer to any subdivided lot within the confines of the land de-
scribed above together with any dwelling situated thereon.
SECTION 8.Meraber(s)shall mean and rcfcr to every person or entity that has a Membership in the
Association.
SECTION 9.Membership shall mean and refer to the rights,privileges,benefits,duties,and obliga-
tions,which shall be inure to the benefit of and burden each Member of the Association.
SECTION 10. Owner shall mean and refer to the record owner,whether one or more persons or
entities, of 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 11.PropcMshall mean the Property as defined in the preamble to this Declaration.
ARTICLE II.
PROPERTY RIGHTS AND EASEMENTS
SECTION 1. Owners'Prope=Rights and Easement of Enjoyment in the Common Area Every
Owner shall have and is hereby granted a right and easement of enjoyment in existing and any future Com-
mon Areas,if any,which shall be appurtenant to and shall pass with the title to every Lot, subject to the fol-
lowing.
(a) The Declarant and Association may make and amend reasonable rules and regulations governing
the use of any future Common Areas;
(o) The Association may levy fines in accordance with the North Carolina Planned Community Act
(Chapter 47F of the North Carolina General Statues).
SECTION 2. Easements in Favor of Declarant and the Association. The following easements are
reserved to Declarant and the Association,their successors and assigns:
2

11111 Jill 111111111111111111111 BOOK:4453 PAGE:300 108108/2014:53:31.000 E
Sharon Lear Willoughby.Peixler County Register of Deeds Page 3 of 18
(a) Any as shown upon that map of the property recorded in Map Book 56 at Page 46 of the
Pender County Registry.
SECTION 3.Other Easements.The following easements are granted by Declarant to others;
(a) an easement is hereby granted to all police, fire protection, ambulance and all similar persons,
companies or agencies performing emergency services, to enter upon all Lots in the perfor-
mance of their duties; -
(b) in case of any emergency originating in or threatening any Lot or Common Areas,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 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,and such right of entry shall be immediate;
(c) the Association is granted an easement over each Lot for the purpose of providing Remedial
Lot maintenance.
(d) the Declarant reserves the right to subject the real property of this subdivision to a contract with
any and all utility companies as necessary including,but not limited to,installation of street light-
ing which may require a continuing installment payment to the utility provider by each residential
customer_
(e) the Association is granted an easement over each Lot for the purpose of repair or replacement
of any damaged units.
SECTION 4. Nature of Easements All easements and rights described herein are perpetual ease-
ments appurtenant,running with the land,and shall inure to the benefit of the binding on the Declarant and
the Association,their successors and assigns,and any Owner,purchaser,mortgagee and other person having
an interest in the Property or any Additional Property,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.
AMENDMENTS
SECTION 1. 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;
(e) to include any platting change as 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 Addi-
tional Property or any Lots and improvements thereon for mortgage or improvement loans
3

BOOK:4453 PAGE:301 10:53 31.000 E
Sharon Lear Willoughby.Pender County Register of Deeds Page 4 of 18
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 sub-
stantial control of the United States Government of the State of North Carolina,regarding pur-
chase 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 con-
trol,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 Veterans Administration,U.S.Department of Housing and Urban Project,the Federal Home
Loan Mortgage Corporation, Government National Mortgage Corporation, of the Federal Na-
tional 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 re-
quest or suggestion. Notwithstanding anything else herein to the contrary, only the Declarant,
during the Developer Control Period,shall be entitled to amend this Declaration pursuant to this
Section.
SECTION 2.Amendment of Declaration.Except as provided above,the covenants and restrictions
of this Declaration may be amended only by an instrument duly recorded in the Office of the Register of
Deeds of Pender County,executed by the duly authorized officers of the Association upon the vote of not
less than two-thirds (2/3) of the Lot Owners;provided that no amendment shall alter any obligation to pay
ad valorem taxes or assessments for public improvements,as herein provided, or affect any lien for the pay-
ment thereof established herein.
ARTICLE IV.
HOMEOWNER'S ASSOCIATION
SECTION 1.Formation of Association.The Association is a nonprofit corporation organized pur-
suant to the Nonprofit Corporation Act of the State of North Carolina for the purpose of establishing an
association for the Owners of Lots to n own, operate and maintain the Common Areas, @i)to maintain the
Designated Common Area,(in)to maintain the Limited Common Areas,and (iv) serve as a member of The
Knolls @ Turkey Creek,all in accordance with this Declaration,the Associations Charter and Bylaws.
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 Rjd The Association shall have two classes of voting Membership:
(a) Class A. Class A members shall be all Owners with the exception of 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 ex-
ercised as they determine,but in no event shall more than one vote be cast with respect
to any lot.
(b) Class B. Class B members shall be the Declarant and shall be entitled to three(3)votes
for each lot owned. The Class B membership shall cease and be converted to Class A
on the happening or either of the following events,whichever occurs earlier:
L Sale of last lot owned by Derdamnt
ii. Ten(10)years from the recordation of this declaration.
SECTION 4. Government Permits. All duties, obligations, rights and privileges of the Declarant
under any water,sewer,storm water,and utility agreements,easements,and permits for the Project with mu-
nicipal or governmental agencies or public or private utility companies are at all times the responsibility of the
Association.
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ARTICLE V.
INSURANCE AND BONDS
If it is economically advantageous to obtain group insurance over individual insurance, the following shall
aPPIY
SECTION 1. Insurance It shall be the duty of the Association to maintain in effect casualty and
liability insurance as follows:
(a) Amount and ScMe of Insurance.All insurance policies upon the Common Areas shall be se-
cured by the Board of Directors,or its designee on behalf of the Association which shall obtain
such insurance against loss or damage by fire or other hazards normally insured against and such
other risks,including public liability insurance,as from time to time shall be customarily required
by private institutional mortgage investors for projects similar in construction,location and use
as the Project and the improvements thereon for at least$1,000,000.00 for bodily injury,includ-
ing deaths of persons and property damage arising out of a single occurrence. Coverage under
this policy shall include, without limitation, legal liability of the insureds for property damage,
bodily injuries,and deaths of persons in connection with the operation;
(b)Insurance Provisions. The board of directors shall make diligent efforts to insure that said
insurance policies 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 em-
ployees,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 be named
insured and all mortgagees;
(4) coverage will not be prejudiced by act or neglect of the Lot Owners when said
act or negligent is not within the control of the Association or by any failure of the Associa-
don to comply with any warrant or condition regarding any portion of the Project over
which the Association has no control.
(5) the master policy on the Common Areas cannot be canceled, invalidated or
suspended on account of the conduct of any one or more individual Lot Owners;
(6) the master policy on the Common Areas cannot be canceled, 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 al-
lowance of a reasonable time thereafter within which the defect may be cured.
(c) Premiums All premiums on such insurance policies and any deductibles payable by the
Association upon loss shall be a common expense as described in Article VI,Section 4 herein-
(d) Proceeds" t." 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 attorney at-law or
institution with trust powers as may be approved by the Board of Directors;
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(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.All insurance policies shall
be written for the benefit of the Board of Directors and the Lot Owners and any mortgagees as
their respective interests may appear,and shall provide that all proceeds thereof shall be payable
to the Board of Directors and duplicates of said policies and endorsements and all renewals
thereoZ or certificates thereof:,together with proof of payment of premium, shall be delivered
to the Owners at least ten(10) days prior to the expiration date with respect to the then current
policies. Duplicates shall also be obtained and issued by the Association to each mortgagee,if
any,upon request of such mortgagee;
(f) Individual Policies. The insurance coverage for the individual lots and the structure(s) thereon
shall be purchased as individual policies under such terms and conditions as the Association may
prescribe by the individual lot owners.Each lot shall be insured for its full replacement value;Lot
owners shall also be liable for payment of any c]aim made against the Association caused solely
by the negligent or willful act or behavior of said owner or their guests.
(g)Distribution of Insurance Proceeds.Proceeds of insurance policy for the Common Areas shall be
distributed to or for the befit of the beneficial owners in the following manner.
(1) all reasonable expenses of the insurance trustee shall be paid or provision made
thereof;
l�l 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 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. Fidelity Bond. The association shall maintain blanket fidelity bonds for.all officers,
directors, employees, and all other persons handling or responsible for funds of the Association (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).
ARTICLE VI.
COVENANTS FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of Assessments Each owner of any
Lot,by acceptance of a deed for the Owner's Lot, whether or not it shall be so expressed in such deed,
covenants and agrees to pay to the Association Regular Assessments for the payment of the Common Ex-
penses and shall be made in the manner provided herein, and in the manner provided in the Bylaws. The
Regular Assessment is established for the benefit and use of the Association and shall be used in covering all
of the Common Expenses (collectively the"Assessments' including,but not limited to,common area main-
tenance,road maintenance and payment of any taxes assessed on the common areas and elements.
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 was the Owner of such Lot at the time when the Assessment fell due.The personal oblig-
ation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed by
them.
SECTION 2.Annual Assessments The board of directors shall adopt a proposed annual budget at
least 90 days before the beginning of each fiscal year.Within 30 days after adoption of the proposed budget
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for the Project, the Board of Directors shall provide all of the Lot Owners a summary of the budget and
notice of a meeting to consider its ratification including a statement that the budget may be ratified without a
quorum.The budget is ratified unless, at the meeting, a majority of all the Lot Owners in the Association
rejects the budget In the event the proposed budget is rejected, the periodic budget last ratified by the Lot
Owners shall be continued until such time as the Lot Owners ratify a subsequent budget proposed by the
Board of Directors.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 con-
veyance of the first Lot to an Owner The due date for payment shall be established by the Board of Direc-
tors.The board of Directors shall have the authority to require the assessments to be paid in periodic install-
ments.
The Association shall,upon demand,and for a reasonable charge fiunish a certificate signed by an officer of
the Association setting forth whether the assessments on a specified Lot have been paid
SECTION 3.becial Assessments for C ital 1=rovements.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 purpose of defraying,in whole or in part,the cost of any construction,reconstruction,re�
pair,or replacement of a capital improvement upon any current or future Common Areas,including fixtures
and personal property related thereto,provided that any such assessment shall have the assent of a majority
of the members of each class who are voting in person or by proxy at a meeting duly called for this purpose.
SECTION 4. 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 bC a common ex-
pense, and the Association may in any assessment year levy against the Owners equally an "Insurance As-
sessment",in addition to the Annual Assessments,which shall be in an amount sufficient to pay the annual
cost of all such deductibles and insurance premiums not included as a component of the Annual Assessment
SECTION 5.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 with completed
dwelling 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 6.Working Capital. The Association is authorized to establish an amount to be collected
from each purchaser of a Lot(s)to be set aside in reserve.
SECTION 7. Commencement of Assessments Assessments for each Lot shall commence upon the
date of acceptance by an Owner of a deed from Declarant
SECTION 8. Declarant Obligation for Assessments. During Declarant control period, Declarant
shall be responsible to cover any budget shortfall; specifically the difference between the actual expenses
charged the association less lot owner contributions.
SECTION 9. Effect of Nonpgment of Assessments and Remedies of the Association. Any as-
sessment or installment thereof not paid within(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 per-
sonally obligated to pay the same,or foreclose the lien against the Owner's Lot. No Owner may waive or
otherwise escape liability of the Assessments provided for herein by non-use of the Common Area or aban-
donment 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 estab-
lish and collect late fees for delinquent installments.
SECTION 10. Lien for Assessments The Association may file a lien against a Lot when any As-
sessment levied against said Lot remains unpaid for a period of 30 days or longer
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(a) The lien shall constitute a lien against the Lot when and after the claim of lien is filed of record
in the office of the Clerk of Superior Court of the county in which the Lot is located.The As-
sociation 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.Fees,charges,late charges,fines,
interest,and other charges imposed pursuant to Sections 47-E-3-102,47F-3-107A and 4717-3-115
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(1)liens
and encumbrances (specifically including,but not limited to,a mortgage or deed of trust on the
Lot)recorded before the docking of the claim of lien in the office of Clerk of Superior Court,
and (r) 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 by 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 attorney's 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 he Lot as?.result of fnrrrlosure of a first mortgage or fast 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 the Lot Owners in
eluding such purchaser,its heirs,successors and assigns.
(#) 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.
SECTION 11..Common Stylus.If the Annual Assessments collected in any given year is in excess
of the actual Common Expenses for that year,the Association map,at its sole discretion,credit each Owner's
share of the Common Surplus to each Owner's payment as for the Annual Assessment for the following year.
ARTICLE VII.
ARCHITECTURAL CONTROL
SECTION 1.Committee Established.The Association shall at all times have as a standing committee
an architectural control committee,consisting of one or more persons.Each Committee member is appoint-
ed by,and serves at the pleasure of, the Board,unless the Board from time to time constitutes itself as the
Committee.The Board from time to time may designate alternate members,to serve in the absence of any
regular member.Absent Board action to the contrary, the Board is deemed to have constituted itself as the
Committee.
Committee members need not be Directors but must be a lot owner.No Committee member is entitled to
compensation for services performed;but the Board may employ independent professional advisors to the
Committed and allow reasonable compensation to such advisors from Association funds. Any Committee
action may be taken by a simple majority of its members,with or without a formal meeting or joint delibera-
tion,so long as each member is informed in advance of the action proposed.
SECTION 2. Developer's Rights. All duties and responsibilities conferred upon the Architectural
Review Committee by this Declaration or the By-Laws of the Association shall be exercised and performed
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by the Declarant or its Designee,so long as the Declarant shall own any lot in The Knolls @ Turkey Creek
or any additions annexed thereto by Supplemental Declaration or Amendment.
SECTION 3. Committee Authority The Committee has full authority to regulate the exterior ap-
pearance of the Lots to: @ assure harmony of external design and location in relation to surrounding build-
ings and topography and(n)to protect and conserve the value and desirability of the Properties as a residen-
tial community.The power to regulate includes the power to prohibit those exterior uses, structures,condi-
tions,or activities inconsistent with the provisions of this Declaration or otherwise contrary to the best inter-
ests of all Homeowners in maintaining the value and desirability of the Properties as a residential community.
SECTION 4. Committee A1212 No building,improvement,fence,structure,addition,landscap-
ing, attachment, condition, excavation, alteration, or change (including any color change) may be made,in-
stalled,maintained,restored,or permitted to remain on or to the exterior of any Lot,unless made,installed,
maintained,or restored,as the case may be,substantially in compliance with plans and specifications reviewed
and approved by the Committee in advance.Notwithstanding the foregoing,the Committee's approval is not
required for()interior areas of a building, (nn) restoration of any previously approved building, structure,or
other item that is substantially identical in all respects to the original work,as approved,or (1ii) for any item
that is concealed from view by improvements, structures, fencing,vegetation,or other items previously ap-
proved or installed.
SECTION 5.Objective Standards.In addition to any other express standard that may be provided by
this Declaration,all actions by the Committee must: (i) assure harmony of external design,materials,and lo-
cation in relation to surrounding buildings and topography within the properties; and (it) protect and rrva-
serve the value and desirability of the Properties as a residential community; and (±) not conflict with the
express provisions of the Legal Documents;and(1v)otherwise be in the best interests of all Homeowners in
maintaining the value and desirability of the Properties as a residential community.
SECTION 6.Rules and R.eegW&ions.The Committee from time to time may adopt and amend rea-
sonable,uniform rules and regulations as to all matters within the scope of its authority,including procedural
matters,so long as such rules and regulations are 01 consistent with the provisions of the Legal Documents;
and(u)if the Board has not constituted itself as the Committee,approved by the Board before taking effect
Rules and regulations adopted pursuant to this Section have the same force and effect as the Association's
other rules and regulations and ate enforced by the Board in the name of the Association.
SECTION 7. Subjective Judgment. In addition to complying with the objective standards of this
Declaration,Developer specifically intends the Committee members to exercise an informed,subjective aes-
thetic judgment as to any matters within the Committee's authority that is conclusive and binding upon any
person affected,absent bad faith,mistake,or deliberate intentional discrimination that cannot be justified on
any rational basis. Without limitation,and in recognition of the fact that each Lot is unique,no Committee
action with respect to any particular Lot necessarily is of any precedential value with respect to any other Lot
Specifically,the fact that the Committee may have approved or denied a particular installation,condition,ac-
tivity, or item with respect to any particular Lot does not,by itself,constitute grounds for requiring such ap-
proval or denial with respect to any other Lot.Each application for Committee action must be evaluated on
its own merits,with the Committee exercising the broadest discretionary judgment that is consistent with the
requirements of this Declaration.
SECTION 8.Revieav The Board from time to time may appoint one or more persons to make pre-
liminary review of any applications to the Committee and report such applications with such person's adviso-
ry recommendations for Committee action.If the Board has not constituted itself as the Committee,provi-
sion must be made for review by the Board of Committee decisions at the request of the applicant,subject to
such reasonable limitations and procedures as the Board considers appropriate.The Association's procedures
for review and enforcement of the provisions of this Article in all events and at all times must provide any
affected person with reasonable advance notice and a reasonable opportunity to be heard in person and
through appropriate representatives of such person's choosing in a reasonably impartial manner
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SECTION 9.A Iication Any applications for Committee approval must be accompanied by three
sets of plans and specifications,together with such renderings,samples,models,and other information as the
Committee reasonably may require.Any application submitted other than by a Homeowner must attach the
Homeowner's written consent to the approval requested.Any application for installation of any building or
other permanent structure must include a landscaping plan and detailed plot plan of any permanent im-
provements and structures. If requested, the Committee may require the preliminary staking of such im-
provements and structures according to such plan for Committee inspection.Any application for the initial
installation of any residential dwelling also must include a grading and drainage plan and tree survey. Any
costs of filing and processing an application pursuant to this Article are at the expense of the applicant;and
the Association also may impose a reasonable,uniform application fee to defray its costs.
SECTION 10. Procedure Within 60 days after receiving an application,the Committee either must
approve the application as submitted or notify the applicant of (i)the Committee's intent to deny the applica-
tion,or(u)any additional plans,specifications,drawings,or other items that the Committee wiIl require to act
upon the application,or (iii) both of the foregoing The Committee's failure to so notify the applicant is an
approval of the application submitted.Upon receiving the foregoing notice,the applicant may request a hear-
ing before the Committee;at which the applicant,personally and through representatives of the applicant's
choosing,is entitled to a reasonable opportunity to be heard in a reasonably impartial manner,after reason-
able advance notice. No particular formality is required for any of the Committee's proceedings, including
any hearing,nor is any record required other than a written statement fairly summarizing the material features
of any Committee action.Unless the applicant agrees otherwise,the Committee must approve or disapprove
any application within 75 days aiw�rec.apt
SECTION 11.ApI2 The Committee's approval is deemed given under any of the following dr-
cumstances: (1) the Committee falls to deny any application within 75 days after receipt,unless the applicant
agrees to a longer period of time;or(u) the Committee fails to notify the applicant of its intent to deny on
application,or that further information is required,within 60 days after receipt of an application;as provided
in the preceding Section;or(1i)no suit,action,or other proceeding is instituted by the Association within one
year after substantial completion with respect to any use, activity, structure, installation,condition, or other
item installed,maintained,or restored without application to the Committee.In all other events,the Commit-
tee's approval must be in writing and endorsed upon two sets of the plans and specifications, one of which
must be returned to the applicant and one retained in the Association's permanent records for a period of at
least five years.Upon completion of the approved work,the applicant and any,architect,engineer,contractor,
or other responsible professional must certify to the Association in writing that the work has been completed
substantially according to the approved plans and specifications;and no Statute of Limitations begins to run
in favor of any Homeowner or other applicant with respect to any substantial non-conformity to the ap-
proved plans and specifications until such certificate is filed.
SECTION 12_ Can s Any material change to any plans and specifications approved by the Com-
mittee also must be approved by the Committee as provided in this Article,except that the Committee will
expedite, to the extent practical, any such application that is made while construction is in progress. The
Committee in no event is required to act upon any such application in less than 15 days,however.
SECTION 13.Notice of Action No suit,proceeding,or other action to enforce the provisions of
this Article may be commenced or continued, nor may any of the provisions of this Article be enforced,
against any person who acquires any interest in a Lot without actual knowledge that a building or other struc-
ture(mduding walls and fencing)was installed,maintained,or restored,as the case may be,in violation of the
requirements of this Article unless such suit,action,or other proceeding is commenced within one year after
such building or other structure was substantially complete and a lis pendens or other notice of the pendency
of such action is recorded within such time period_No such action may be commenced,continued,or other-
wise enforced against any purchaser or creditor who acquires an interest in,or a lien upon,any Lot for value,
other than;pre-existing indebtedness,and without actual knowledge of any such violation,if such purchaser
or creditor obtained a statement under penalty of perjury from the applicable Homeowner that no violation
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existed on such Lot at the time value was given or paid. Upon payment of any reasonable uniform charge
that the Association,from time to time may impose to defray its costs,the Association within ten days after
request will issue an appropriate certificate of compliance or noncompliance, as the case may be,with the
provisions of this Article that is binding and conclusive as to the information its sets forth upon both the
Association and any person without actual knowledge to the contrary.
SECTION 14. Developer Action Notwithstanding any provision of this Article,no Committee ap-
proval is required for any residential dwelling or any of its appurtenances constructed or authorized by De-
clarant on any Lot,so long as it otherwise conforms to the applicable requirements of this Declaration.The
foregoing exemption is for the exclusive benefit of a Declarant and may not be extended by Declarant to any
Builder or any Homeowner other than Declarant.
SECTION 15.Hold Harmless. The Declarant,Association,and Architectural Review Committee do
not warrant and make no representations regarding the quality of any building,improvement,structure,addi-
tion, landscaping,attachment, condition, excavation,alteration,or change located upon any lot. All owners
hereby hold harmless the Declarant,Association,or Architectural Review Committee from any and all dam-
ages that may result from the installation,construction,maintenance or the like with regards to any improve-
ments or additions.
ARTICLE VUL
USE RESTRICTIONS AND MAINTENANCE
SECTION 1.Use Restrictions.
(a) Dwelling Size The minimum heated square footage of each dwelling shall not be less
than 1,100 square feet.
(b)Land U5e and Building TM e No Lot shall be used for any purpose except for residential
purposes.All numbered Lots are restricted for construction of dwellings in accordance with the plat of The
Knolls @ Turkey Creek
(c) Nuisauces No noxious or offensive activity shall be carried on upon any Lot not 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 de-
stroy the enjoyment of other Lots by the Owner thereof.It shall be the responsibility of each Owner to pre-
vent any unclean,unsightly or unkempt 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-
(d) Temporary Structures. No structure of a temporary character, trailer, basement, tent,
garage,barn, or other temporary outbuilding shall be used on any Lot any time as a residence either tem-
porarily or permanently without the written consent of the Association or its designee; provided,however,
that this shall not prevent the Declarant,its designees or assigns from maintaining a construction trailer or
office on any part of the Project until the construction of dwellings on all Lots and improvements are com-
pleted.
(e)Vehicles/Boats/Etc.No camper,trailer,motor or mobile homes,tractor/trailer,or sim-
ilar type vehicle,bicycles,scooters,toys or other personal articles shall be permitted to remain on any Lot or
on any street at any time.No inoperable vehicle or vehicle without current registration and insurance will be
permittcd on any Lot or street.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 the streets or in driveways,but only in garages
or other areas not visible from the street No vehicle belonging to an owner or to a member of the family or
guest,tenant,or employee of an owner shall be parked in such a manner as to impede or prevent ready access
to another owner's lot The owners,their employees,servants,agents,visitors,licensees and the owner's fami-
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Sharon Lear Willoughby.Pender County Register of Deeds
ly will obey the parking regulation posted on the private streets and drives and any other traffic regulations
promulgated in the future for the safety,comfort and convenience of the owners.
(f)Animals.No animals,livestock,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,ate at all times kept properly leashed or under the control of their owner and do not become a
nuisance to the neighborhood. Pet owners shall be responsible to immediately and properly dispose of any
pet waste on common areas or roadways.
(g) Nuisances. No owner shall make or permit any noises that will disturb or annoy the
occupants of any of the lots in the development or do or permit anything to be done which will interfere
with the rights,comfort or convenience of other owners.
(h) Stattlarl,TV Satellite Dishes and Outside Antennas No yard statuary,yard art, 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 unless and until permission for the same has been granted by the Board of
Directors of the Association or its architectural control committee; provided, however, satellite dishes not
over eighteen(18)inches in diameter which cannot be seen from the street are permitted.
(i) Construction in Any Future Common Area No person shall undertake, cause or allow
alteration or construction in or upon any portion of future Common Areas except at the direction or with
file C3pic6s wiiueu come it of ULC Association or as per-rdtted by this Declaration.
0) SubdizidinQ Subject to any rights reserved to the Declarant herein,no Lot shall be sub-
divided,or its boundary lines changed except with the prior written consent of the Declarant during the peri-
od of Declarant control of the Association and thereafter by the Board of Directors of the Association.
(k)Trash•Each owner shall keep such owner's lot in a good state of preservation and clean-
liness and shall not sweep or throw or permit anything to be swept or thrown therefrom,or from the doors
or windows thereof,any dirt or other substance.All garbage and refuse from the lots shall be deposited with
care in garbage containers intended for such purpose only at such times and in such manner as the Board of
Managers/Directors may direct All trash cans must be kept from view from the street except on trash pickup
days.Trash cans must be removed from the street within 24 hours of trash pickup.
(1) Christmas Decorations.Christmas decorations may only be exhibited between November
20 and January 7 of the following year.
(m)Baggy. No flags shall be flown upon any lot or common area in the subdivision with the
exception of the flag of the State of North Carolina and the flag of the United States of America.No flags
of any kind may be displayed upon vertical flag poles.No flag may be displayed larger that 4'x6'.
(n)Political Signs No political signs may be displayed upon any common areas or individual
lots within the subdivision-
(o) Damage Liabililp Any damage to buildings,recreational facilities,or other common ar-
eas or equipment caused by owners,their children or their guests shall be repaired at the expense of the own-
er
(p) Amendment and Revocation. Any consent or approval given under these Community
rules by tbP Board.of Managers shall be revocable at any time. These Community Rules may be added to or
repealed at any time by the Board of Managers/Directors,
12

Jill p11111111111111111111111111111111 BOOK:4453 PAGE:310 08/08/2014
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Sharon Lear Willoughby.Pender County Register of Deeds Page 13 of 18
SECTION 2. Maintenance. To the extent the association is not obligated to provide maintenance
pursuant to this Declaration,each Lot Owner shall keep his Lot free from weeds,underbrush or refuse piles,
or unsightly growth or objects_In the event the.Owner fails to do so,then after thirty days notice from the
Architectural Control committee, the Association or its designee may enter upon the Lot and remove--the
same at the expense of the Owner, and such entry shall not be deemed a trespass, and in such event a lien
shall arise and be created in favor of the full amount of the cost thereof chargeable to the Owner's Lot,in-
cluding collection costs and such amounts shall be due and payable within thirty(30) days after the Owner is
billed therefore. Such lien shall be enforceable by Court proceedings as provided by law for enforcement of
liens.In the event that any maintenance activities are necessitated to any future Common areas 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 of the association,the cost of the same shall be the personal obligation of the owner and,if not
paid to the association upon demand,may be added to the annual assessment levied against said Owner's Lot
and shall become a lien against the Lot.
ARTICLE IX
GENERAL PROVISION
SECTION 1. Restrictions on Iurisdictional Wetlands.The areas denoted as Wetlands shown on the \- l
recorded plat entitled"The Knolls @ Turkey Creep'recorded in Book 56 at Page 46 in the Pender County
Register of Deeds shall be maintained in perpetuity in a natural and managed condition.
This covenant is intended to ensure continued compliance with the mitigation condition of a Clean Water
Act authorization issued by the United States of America,US.Army Corps of Engineers,Wilmnoon Dis-
trict,Action ID 200400941, and,therefore,may be enforced by the United States of America.This covenant
is to run with the land and shall be binding on the Owner and all parties claiming through or under it,includ-
ing,but not limited to any adjacent homeowner's or any homeowners'association to whom the owner may
assign or convey its rights. Modification of this particular Section 13 of Article VI will require written con-
sent of the United States Army Corps of Engineers.
The wetland map referred to in paragraph one of this Section designates Wetland areas.Notwithstanding the
provisions of this Section,the following activities will be permitted in Wetland areas without farther consent
of the United States Army Corps of Engineers:establish and maintain pervious surface,nature trails;remove
noxious or poisonous plants such as poison ivy,poison oak;repair or,remove storm damage and/or dying or
diseased vegetation and trees; erect, build and maintain pile supported structures not requiring permits pur-
suant to 33 CFR 323.3.
e - cove�afe�i� �g
wins
ieoiiriTup�iauce :
.1".
The maximum allowable built-upon area per lot is Ott This allotted amount includes any built-
upon area constructed within the lot property boundaries,and that portion of the right of-way between the
front lot line and the edge of the pavement Built upon area includes,but is not limited to,structures,asphalt,
concrete, gravel,brick, stone, slate, coquina,but does not include raised, open wood decking, or the water
surface of swimming pools. The covenants pertaining to storm water regulations may not be changed or
deleted without concurrence of the Division of Water Quality. Filling in, piping or altering any vegetative
conveyances (ditches,swales,etc.) associated with the development except for average driveway crossings,is
strictly prohibited by any persons. In case of a lot within CAMA's regulated AEC, where the Division of
Coastal Management calculates a different maximum allowable built-upon area that lot than is shown herein,
the governing maximum built-upon area that lot shall be the most restrictive of the two. Each designated
curb outlet swale shown on the approved plan must be maintained at a minimum of 100'long with 5:1 jl;V)
side slopes or flatter,have a longitudinal slope no steeper than 5%,carry the flow from a 10-pear storm in a
non-erosive manner,and maintain a dense vegetated cover.Further,filling in,piping or altering any design-at-
13

BOOK:4453 PAGE:311 108108/2014
:53:31.000 e
Sharon Lear Willoughby.Ponder County Register of Deeds Page 14 of 18
ed 5:1 curb outlet Swale associated with the development is prohibited by any persons.
The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain
compliance with the Stormwater management permit.Alteration of the drainage as shown on the approved
plan map not take place without the concurrence of the Division of Water Quality.These Covenants are to
run with the land and shall be binding on all persons and parties claiming under them.The Covenants per-
tainingto storm water may not be altered or rescinded without the express written consent of the State of
North Carolina,Division of Water Quality.No lot owner is allowed to pipe or fill in any Swale or ditch used
to meet the storm water regulations,except for driveway culverts.Each lot will maintain a 30'wide vegetated
buffer between all impervious areas and surface waters.All roof drains shall terminate at least 30' from the
mean high water mark of surface waters.
All owners—shall be responsible to ensure continued compliance with the rules and regulations with regard to
their individually owned property. Lot owners shall not pipe or fill-in any swale or ditch that is a requirement
under the storm water regulations,except for driveway culverts.These Covenants are to run with the land and
shall be binding on all persons and parties claiming under them.The Covenants pertaining to storm-water may
not be altered or rescinded without the express written consent of the State of North Carolina,Division of
Environmental Management Responsibility to ensure continued compliance with the above referenced per-
mit shall transfer to the Association once Declarant has conveyed fifty percent (50%) of the lots initially
owned by Declarant.
SECTION 3.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)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 Project or the Property securing its loan,(e) receive written notice of
any sixty-day(60)delinquency in the payment of assessments or changes owed by any Owner of any proper-
ty which is security for the loan,(fl 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 pro-
posed action that requires the consent of a specified percentage of mortgage holders,and (h) be furnished
with a copy of.any master insurance policy.
SECTION 4.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 connec-
tions,sewer connections,impact fees or other utility service to the Lots.In the alternative,the Developer may
collect such connection,impact and other fees,charges directly from the Lot Owners.All Lot Owners shall
be required,for the household purposed,to use water and sewer supplied by the companies/governmental
units servicing the Project.Separate water systems for outside irrigation and other outdoor uses shall not be
permitted without the consent of the Declarant or the Association.
SECTION 5. S ra '' .Invalidation of any one of these covenant or restrictions by judgment or
court order shall in no way affect any other provisions which shall remain in full force and effect
SECTION 6.Lots Subject to Declaration/Enforcemen 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 con-
veyance or the entering into of a.lease or the entering into occupancy of any Lot shall constitute an agree-
ment that the provisions of the Declaration are accepted and ratified by such Owner,tenant•or occupant.The
Covenants and resuictions 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, and shall run with and bind the land and shall bind any person having any Lot, as
though such provisions were made a part of each and every deed of conveyance or lease,for a term of twen-
14

11111 Jill 111111111111111111111 BOOK:4453 PAGE:312 10:5331.000 E
Sharon Lear Willoughby.Pender County Register of Deeds Page 15 of 18
ty(20)Yeats from the date this Declaration is recorded,after which time they shall be automatically extended
for successive periods of (10)years,unless terminated by the Lot Owners.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
SECTION 7. Liability of Dr eclarant. The affirmative vote of no less than two-thirds (2/3) of all
votes entitled to be cast by the Association Members shall be required in order for the Association to (1) file a
complaint,on account of an act or omission of the Declarant,with any governmental agency which has regu
latory or judicial authority over the Project or any part thereof or(2) assert a claim or sue the Declarant
ARTICLE K
FUTURE DEVELOPMF>\TT
SECTION 1.Developer may,from time to time,without the assent of any other entity,annex to and
make part of the Subdivision any other real property which Developer now owns or later acquired(the'Ad-
ditional
Property',upon such terms and conditions and subject to covenants and restrictions, as the Devel-
oper,in its sole discretion,shall deem reasonable and appropriate.
SECTION 2. Each such annexation of Additional Property shall become effective upon the record-
ing of an amendment to this Declaration, duly executed by the Developer, specifically describing the Addi-
tional Property annexed to the subdivision,and setting forth the tercels and conditions upon which such Ad-
ditional Property is annexed to the Subdivision and the covenants and restrictions to which such Additional
Property shall be subject
IN WITNESS WHEREOF,the undersigned has caused this Declaration to be exe-
cuted the day and year first above written.
votary'p! -1 It DECLARANT:
M Pei_konht! A,
TIOG
Dscembe` 'v. rO�'na B
•20,15 7W_ (SEAL)
Scott Ger emb ager
County,North Carolina
I certify that the following person(s)personally appeared before me this day, each acknowledging to
me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capaci-
ty indicated: Scott Gerow,Member/Manager of TIOGA,LLC
Date: p P"
Printed Name: �QL�cl C� Notary Public
My commission expires:
15

BOOK:445 3 PAGE:313 °o:ss 31.000 E
Sharon Lear Willoughby.Fender County Register of Deeds Page 16 of 18
LENDER
Coming Federal Credit Union
By&e6Z� (SEAL)
Commercial Lendint; Officer
New Hanover County,North Carolina
I certify that the following person(s) personally appeared before me this day,each acknowledging to
me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capad-
ty indicated: Blaine Minor, Commercial Lending Officer of Corning Federal
Credit Union
Date: 8/6/2014
Priated Name: Janet R. Meyland ,Notary Public
slbaexpires f ,5/14/15
My COZA
V10r �2=
r S Afie ;TSTEE:
CW0%%-1` s A MacDonald
JIJIIlill,
New Hanover County,North Carolina
I certify that the following person(s) personally appeared before me this day,each acknowledging to
me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capad-
ty indicated:James A.MacDonald
Date:, 8/6/2014
Printed Name: Janet R. Mey1 and _Notary Public
ET RI
My commission expires: 05/14/15 Z 7-,9 �Z
COU0
16

11111 Jill 111111111111111111111 BOOK:4453 PAGE:314 108/08/2014 0:53:31.000 E
Sharon Lear Willoughby.Pender County Register of Deeds Page 17 of 18
(SEAL)
Andrew)W s
a3 �Wd� County,North Carolina
I certify that the following person(s) personally appeared before me this day, each acknowledging to
me that he or she voluntarily signed the foregoing document for the purpo to therein and in the capaci-
ty indicated:Andrew John Wells
Date:
.. Printed a _ V� "IWNotary Public
My commission expires: {y� `� l� \�tulu!Ilurr���;
= p\ lei. S
O`�CI GOVt�
G ;
Gpfi�p 1 Q;\p 2
0
18

BOOK:4453 PAGE:315 08/08/2014 E
10:53 31.000
Sharon Lear Willoughby.Pender County Register of Deeds Page 18 of 18
. •7
J
�d �--(SE.AL)
—James I.Girton
ri (SEAL)
Vivian J.Girton
County,North Carolina
I certify that the following person(s)personally appeared before me this day, each acknowledging to
me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capaci-
ty indicated:James T.Girton and Vivian J.Girton
Date: Lj \
Printed Name: �`)J'i ') ,Notary Public
My commission expires: 2
'. Arm I5,
public
i} ,Sew l Anover County
NorM Carolina
443 d Carrrnissi Ex Tres 6121 016
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