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Home My WebLink About60268_HANCOCK, MIKE_20120823CAMA J h DREDGE &FILL rv� NO. 60268 iGENERAL PERMIT Previous permit# ElNew [--]Modification L-Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC ❑ Rules attached. Applicant Name'Vqw Project Location: County Address Street Address/ State Road/ Lot #(s) City State ZIP Phone # (_) Fax # Subdivision Authorized Agent CityZIP Affected CW 1 :I EW =] PTA ❑ ES PTS Phone # ( _ _) _ River Basin -iOEA ❑HHF ❑IH ❑UBA ❑N/A AEC(s): Adj. Wtr. Body _ Lnat /man /unkn) -I PWS: 7FC: ORW: yes / no PNA yes / no Crit.Hab. yes I no Closest Maj. Wtr. Body Type of Project/ Activity Pier (dock) length Platform(s) Finger piers) Groin length number Bulkhead/ Riprap length avg distance offshore _ max distance offshore Basin, channel cubic yards_ Boat ramp Boathouse/ Boatlift Beach Other Shoreline Length SAV: not sure yes no - -- Sandbags: not sure yes no — --- — Moratorium: n/a yes no — ---- Photos: yes no — — — — Waiver Atta ched yes no A building permit may be required by: Notes/ Special Conditions Agent or Applicant Printed Name Signature Please read compliance statement on back of,permit . (Scale: See note on back regarding River Basin rules. Permit Officer's Signature Issuing Date ~ Expiration Date Application Fee(s) Check# Local Plan ningfurisdiction Rover File Name Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: Tar - Pamlico River Basin Buffer Rules ❑ Other: E Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on how to comply with these buffer rules. Division of Coastal Management Offices Raleigh Office Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 Fax:919-733-1495 Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-2808/ 1-888-4RCOAST Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 910-395-3964 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director DUFFER AUTHORIZATION CERTIFICATE FOR PIER AND DOCKING FACILITIES ACCESS WAY Dee Freeman Secretanj A riparian buffer authorization is required for pier and docking facilities access ways through the Tar -Pamlico & Neuse River Riparian buffer per Division of Water Quality (DWQ) regulations 15A NCAC 02B.0233 & .0259. The Division of Coastal Management (DCM), through a Memorandum of Understanding with the Division of Water Quality (DWQ) has reviewed your project proposal and has determined that the project as proposed complies with the aforementioned regulations. Those activities covered by your Coastal Area Management Act (CAMA) permit have received Buffer Authorization as long as the project is constructed in a manner that continues to meet all of the conditions listed below. Failure to comply with this Buffer Authorization may subject the property owner & the party (contractor) performing the construction Wor land clearing to a civil penalty by DWQ of up to $25,000 per day per violation. i. Crossing is Perpendicular: Pier and docking facility access way must cross the 50 ft. riparian buffer perpendicularly (which is defined as between 75 and 105 degrees) unless otherwise approved by DCM. The alignment shall minimize the removal of woody vegetation to the greatest extent practicable. 2. Pervious Materials: All reasonable measures shall be taken to ensure the access way is made of pervious materials like open -slatted wood or composite, mulch, or grass to meet the intent of the rules to the maximum extent practicable. 3. Access Width: The width of the pier or docking facility access way shall be limited to six (6) feet. 4. Project Drawing: The drawing on the CAMA General Permit is considered the project drawing of your property indicating the relative location of the pier or docking facility and any requested access way. This drawing will be used to aid in compliance and monitoring efforts. By your signature below you agree to be held responsible for meeting all of the conditions listed above and verify 1 that all information provided is complete and accurate. (A/ e or Applicant Printed Name Permit Officer's Signature g or Applicant Signature Issue ate CAMA GENERAL PERMIT #: [90�_&0 (� Washington Office Morehead City Office Wilmington Office 943 Washington Square Mall Washington, NC 27889 Phone 252-946-6481 400 Commerce Avenue Morehead City, NC 28557 Phone 252-808-2808 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Phone 910-796-7215 One NorthCarolina ��A'/N�� An Equal Opportunity/Affirmative Action Employer — 50% Recycled/l0% Post Consumer Paper LL MICHAEL H HANCOCK ',RYAN 8 HANCOCK 3184 BROWNTOWN ROAD a,c;Z-443-0424 ROCKY MOUNT, HC R7804 ,,-/— 2 2 -//z 66-21/530 BRANCH 30089 6— .111ars LI '� ...... COMMAM) ASSET PROGRAM Wachovia Bank a division of Iftlis Faran 8:ink. N.? CODE= 4��4-2-),3 - "(c ForAP 1:0 5 3000 2 191® Ls 0 0 1 El q S 5 S 7 L 9 s 4 Ay-g 15 12,08: 1 Oa Bobby Cahoon Construction 252-249-9884 p.4 Date N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Name of Property Owner Applying for Permit: Mailing Address: Q71 1. certify that I have authorized (agent) to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) zi- ,N, Q- at (my property located at) R— This certification is valid thru (date) I Owner Sign Date aig151;2,08:10a .Bobby Cahoon Construction 252-249-9884 p.2 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT hereby certify that I own property adjacent to �"-'� b'4<<-? =J ; ,r- °s (Name of Property Owner) property located at -1; A 'Zi (Address, Lot, Block, Road, etc.) Y on r. , L. �. tel: °`' in �=l 1 < . y, 'kd N �: N.C. (Waterbody) _ (City/Town andlor County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill in description below or attach a site drawing) CE�D t AUG152012 DCAf Vnz) C' WAIVER SECTION understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below_) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. er Signature Print or Type Name Mailing{JAdds e'er • � — Cd�Stat¢/Zip _ J J Telephone Number ....p ' a. " : J Date (Adjacent Pr perty Owner Info ation) Signature :'2.:"%dd �,nt ;'tea: ;t ;' �',�`" ^!G �,:«._•.;�'.s✓._-• Print or Type Name Mailing Address Crty/stat6lop Telephone Number Date (Revised 6/1WO12) F,I,;g 15 1 <,08:10a -Bobby Cahoon Construction 252-249-9884 p.3 rw MILL CREEK. 46� 1 47 f- k*_T .AAA L (I'rPJ 1 v— EX15TIA& a4 l I s flli EX15TINC7 I SOS o 273 ` f II1.4 27,852 sq.ft- p / 0.64 acres m� 1" 6 - m r �n 27.611 sq.ft-(UPLANDS) , \ / ' 1 LIW (r,, P,J 1 272 / � EXI5T1Nb kETLAW5 EX1577U5 � � nE2AND5 / / N 7.4'-W"' E �►b�• / �O RECEIVED AU,-. 1 5 Z012 _ .. A DCM-MHD CITY �) 274 �! 271 f� SURbEYiNG PP.OVICEC 8Y- -'ER ERT J, NOBLES jr. LOT 273 PRO7ESSIONAL UND SURVEYOE? '185 C!.!i?;:fi flOAp - BAYc0R0. NCRh1 � PIMSE 2 — - - CAROi::A M15 - ;252�T45-54Gt C° Conceptual - iaster Plan Prepared Bv: u atg. MINNESOTC BEACH PAMUCO CO. NORTH CAROLINA = �•�:� �-� =; 1'-v� 1� {- C: ENGfFEERIPfG carsUL,irie ' ?L.s,?t'r't7:G z a i>ir ENV170414ENTdL SCIENCES SUR!,:YING a {•� R C" I Piz o0>: i633 allot..:: 'S2 26--33C0 �;cph�al _rd irr� - onel L7r•.i PI: na�.�g .:o.i,ul•��tt: p ;' . ' Nev}born, h!C?S5u9-1S3; 1-800-967-7639 .a;c: (252) 26?-l2SC 0 50 100 ��Ts 4 Dcnmore Court - SU.te 103 - BuiiGinc d .f�-3-i^1 aTi G''C?i-; ��L r.;a•�.ariir•otorplace,ccrrr ,_ _ GRAPHIC SCALE IN FEET I" = 20' HiItan Head rs!and, SC 29925 -TO': 8<:3"681.665-I 08:1 Oa Bobby Cahoon Construction 252-249-9884 P.1 6003 Neuse Road Grantsboro, NC 28529 Phone 252-249-1617XFax 252-249-9884 Licensed and Fully insured NCGC License #62120 bobbycahoonconsteuctiionCayahoo.com Fax To: CAMA From: Andrew Attn: Brad Connell Pages: 26 (including cover) Fax: 252-247-3330 Date: August 15, 2012 Permit for Mike Hancock Re: Time Arlington Place 0 urgent ❑ for Review 13 Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Please let us know that you received at 252-249-1617. We are a woman owned business! Aug 15id12 08:10a Bobby Cahoon Construction 252-249-9884 p.5 i Doc ID: 002138650423 Type: CRP F Recorded: 06/04/2012 at 01:51:42 PM Fee Amt: $56.00 C Page 1of23 Pamlico, Lynn H. LewisNRaAister of Deeds 'aK568 P463-185 FOURTH SUPPLEMENTAL DECLARATION TO MASTER DECLARATION OF COVEN ANTS, CONIHTIONS RESTRICTIONS AND EASEMENTS FOR ARLINGTON PLACE THIS FOURTH SUPPLEMENTAL DECLARATION TO MASTER DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS for Arlington Place (the "Fourth Supplemental") is made as of j Q 2012, by Burton Farm- Development Company, LLC, a North Carolina limited liability company (the "DeclaraneD. All capitalized terms used herein and not defined herein shall have the meanings set forth in the Master Declaration. RECITALS: A. Declarant is the developer of those lots (referred to as "Homesites"), Common Elements and private streets of those subdivisions known as Arlington Place and Mill Creep as more. particularly described on: that plat of Arlington Place Phase I recorded iu Plat Cabinet A at SIide 153, pages 17-20 and 154, images 1-8, Pamlico County Registry; that plat of .Mill Creek Subdivision Phase IT re corded in Plat Cabinet A at Slide 164, pages 2 -7, Pamlico County Registry; and that Amended Final PIat of Mill Creek Subdivision Phase I recorded in Plat CalSinet A at Slides 172, pages 2-13, Pamlico County Registry, and Declarant furtbermore is the developer of those lots described in that Plat of -Mill Creek Subdivision Phase 1 — Lots 62A-62-E recorded in Plat Cabinet A at Slides 163-20 and 1 64-1 (the above recorded plats are referred to oATE FIEruEth€m Plug 1;; 12 08:1.1 a - Bobby Cahoon Construction 252-249-9884 p,6 collectively herein as the "Plats," and all of the property described in the Plats is referred to collectively herein as the "Community".) B. Declarant executed that certain Master Declaration of Covenants, Conditions. Restrictions and Easements for Arlington Place recorded in Book 481. at Page 375, Pamlico County Registry, that Supplemental Declaration of Covenants, Conditions, Restrictions and Easements for Phase I of Arlington Place recorded in Book 481 at Page 408, Pamlico County Registry (the "Fist Supplemental"), that Supplemental Declaration of Covenants, Conditions, Restrictions and Easements for Phase 11 of Arlington Place recorded in Book 565 at Page 311, Pamlico County Registry (the "Second Supplementan, and that Third Supplemental Declaration to Master Declaration of Covenants, Conditions, Restrictions and Easements for Arlington Place recorded in Book 544 at Page 762, Pamlico County Registry (the "Third Supplemental")_ The Master Declaration as amended by the First Supplemental, the Second Supplemental and the Third Supplemental is hereinafter referred to as the "Master Declaration". C. Pursuant to the Master Declaration, Declarant may establish Common Elements comprised of real property or a real property interest for the use and benefit of Owners of fee simple title to any Homesite, Townhome Lot, Residential Condominium Unit, Unimproved Tract, or Other Property within the Community. D. Pursuant to the provisions of Article 1V, Section 3 of the Master Declaration, Declarant reserves the right to designate Limited Common Elements for the primary or exclusive use of O'wncrs and Authorized Users of one or more but fewer than all properties in the Community. Such designation shall be made on a plat of any portion cf the Commiuity recorded by or at the Aug 1 F 12 08:11 a Bobby Cahoon Construction 252-249-9884 p 7 direction of Declarant, or such designation may be made or more specifically described pursuant to any amendment to the Master Declaration or any supplemental declaration referring to the Master Declaration, made in accordance with the Master Declaration and recorded in the land records for Pamlico County, North Carolina. A designation of Limited Common Elements may be made subject to such conditions, restrictions and reservations as Declarant may include in such amendment or supplemental declaration- E. Article Xl, Section 3 of the Master Declaration makes provision for the Declarant to unilaterally amend the Master Declaration so long as the amendment has no material adverse effect on the substantive rights of any other Owner, and further provides that no amendment required by any governmental authority shall be deemed material. F. The Conceptual Master Plan for Arlington Place dated September 15, 2006 shows a 75- foot minimum river buffer along the Neuse River waterfront. This 75-foot buffer is adjacent to lots 296 through 304 and lots 378 through 381 as shown on the Final Plat of Mill Creelk Subdivision Phase H recorded in Plat Cabinet A, Slide 164-2 through 164-6, and in some places overlaps portions of some of these lots. G. The Coastal Area Management Act Land Use PIan (the "CAMA LUP") applicable to the Community establishes a local, permanent conservation zone within 75 feet of the normal water level for the shoreline bordering the Neuse River and Mill Creek. H. Coastal Area Management Act Permit Number 85-11 (the "C IfA Permit") issued to Lie-clara d for Lb Arington Place development and ma:ina faciiity requires, among other things, Aug, 1512 08.11 a Bobby Cahoon Construction 252-249-9884 p.8 that Declarant comply with the CAMA LUP and further requires that environmental commitments specifically made by the Declarant in the Environmental Assessment approved by the North Carolina Division of Coastal Management for the marina and development should be implemented. Among the environmental commitments made by the Declarant in the Environmental Assessment are that a 75-foot conservation zone will be maintained along the entire Neuse River shoreline of the Community, meeting applicable Neuse River Riparian Buffer and PamLico County requirements, and that this green space will be available to residents as waterfront access. 1. Declarant desires: (1) to establish conservation zones adjacent to the Neuse River (the "Neese River Conservation Zone") and adjacent to Mill Creek (the "Mill Creek Conservation Zone") as hereinafter defined to be restricted to conservation uses consistent with those permitted by CAMA Estuarine Shoreline Rules adopted by the North Carolina Coastal Resources Commission as such standards may be amended from time -to -time (the "CAMA Estuarine Shoreline Standards") and the Neuse Buffer Rules adopted by the North Carolina Environmental Management Commission as such rules may be amended from time to time (the `Meuse Buffer Rules"), where applicable; (2) to establish the .right of Owners in the Conunurrity to use a portion of the Neese River Conservation Zone as a pedestrian greenway (the "Neuse Greenway"); and (3) to establish the right of owners of certain Homesites adjacent to the conservation zones (the "Waterview Hornesites") to construct docks and accessways to such docks in the conservation zone, subject to such covenants, conditions, restrictions and easements as are or shall be established by the Master Declaration, including these and any future amendments or sup-i)lcments. 4 Aug 1 52 08:1.2a Bobby Cahoon Construction 252-249-9884 p.9 J. Declarant further wishes to establish within the Common Elements a trail for use by Owners in the Community (the "Multi -Use Frail') and to set out herein the uses, restrictions and conditions for such Multi -Use Trail. NOW, TBEREFORE, pursuant to the requirements of the CAMA Pennit and the CAMA LUP and the terms of the Master Declaration, Declarant hereby amends the Master Declaration to provide that the Neuse River Conservation Zone, the Mill Creek Conservation. Zone, the Neuse Greenway and the Multi -Use Trail are hereby established as Common Elements and are forever held, transferred, sold, conveyed, occupied and maintained subject to the covenants, conditions, restrictions and easements set forth herein. These covenants, conditions, restrictions and easerents shall run with the land and be binding upon all persons having any right, title or interest in. the Community or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each such person. The Conservation Zones I. Establishment of the Neuse River Conservation Zone and Neuse Greenway. The Neuse River Conservation Zone is hereby established along the Meuse River shoreline in Mill Creels Subdivision Phase I and Phase H, subject to the rights, restrictions and conditions set out hereinafter. The Neuse River Conservation Zone is hereby defined as the area of land located between the normal waterline ("NWL") of the Neuse River and a line seventy-five feet (75') from and parallel to the NWL of the Neuse River, as shown on Exhibit A, Sheets I and 2 attached hereto and incorporated. herein. This Fourth Supplemental noes -not restrict the right of any water-y-iew HcmmecNvner to conduvt any cons-truction, developmem or other activity in the 5 Aug 1,512 08:12a Bobby Cahoon Construction 252-249-9884 p.10 c portion of the Neuse River Conservation Zone within such Waterview Homeowner's lot, provided that such construction, development, or other activity shall comply with all applicable government& regulations, including particularly, but not limited to, CAMA Estuarine Shoreline Standards and Neuse Buffer Rules in addition to any applicable restrictions and conditions set out hereinafter. a. Establishment of the Neuse Greenway. The Neuse Gaeenway is hereby established within the Neuse River Conservation Zone for pedestrian use by Owners in the community and their guests and invitees. Any Owner and guest or invitee of such Owner shall have a right of pedestrian access to, over and across the Neuse Green -way for the purposes and subject to the restrictions and conditions set out hereinafter in this Fourth Supplemental, subject to the right of Waterview Hornesite owners to use the Neuse River Conservation Zone for docks and accessways as provided herein. The Neuse Greenway is hereby defined as being all the area of land within the Neuse River Conservation Zone except the area within the property lines of the Contiguous Waterview Homesites, which are lots 296 through 304 and lots 378 through 381 as shown on that Final Plat of All Creek Subdivision Phase U recorded in Plat Cabinet A, Slide 164, Page 4 and Slide 164, Page 6, Pamlico County Registry, as is more particularly described on Exhibit A attached hereto and incorporated herein. The rights, restrictions and conditions for use of the Neuse Grreenway are set out hereinafter. This Fourth Supplemental does not confer on any 6-w-ner or otlaer person a right of access or any other Nights on, over or under any portion of a Waterview Homesite -within the Meuse River Conservation Zone_ Use of the Neuse Green -way shall be s:rbjeWt to the follO izig restrictions and. conditions: 6 Aug 15 12 08:12p -Bobby Cahoon Construction 252-249-9884 p.11 L This right-of-way shall be limited to pedestrian passive recreational trail purposes such as walking, hiking and running. I Permanent structures shall be prohibited except those structures for which owners of contiguous Waterview Piomesites obtain approval according to this Master Declaration. iii. Vehicles of any type, motorized or non motorized, including bicycles, are prohibited except as used by Declarant and the Property Owners' Association ('TOA") for maintenance and repair purposes. iv. Meetings and other types of group activities, and camping and other overnight activities are prohibited, except in such areas as may be approved and designated by Declarant, v, Destruction of natural features and cutting, removing, mowiug or destruction of vegetation or trees is prohibited, except as clone by Declarant in performing its maintenance responsibilities as provided herein. vi. Launching or storing boats is prohibited except at Iocations designated by Declarant. viL No equipment, fences, or other obstructions, whether temporary or permaaenx shall be installed or Ieft in the Neuse Greemmy. yiii. Li ver!Dg L prohibited. 7 Aug 15,12 08:13a Bobby Cahoon Construction 252-249-9884 p.12 be No signs shah be placed in the Neuse Oreenw ay except those placed or approved by Declarant for directional or instructional purposes. X. Any other activity inconsistent with or detrimental to the purposes of these restrictions is prohibited. b. Use of Neuse River Conservation Zone for Docks and Accessways. The right of owners of certain Waterview Homesites to build and use a dock and aecessway to such dock in the Neuse .River Conservation Zone is hereby established, subject to the restrictions and conditions set out hereinafter. This Fourth Supplemental does not relieve an Owner of a Waterview Homesite from the obligation to obtain necessary approvals for any constraction, development or other activity within the Meuse River Conservation Zone, including any portion within. such Owner's property, as required by other provisions of the Master Declaration and applicable governmental regulations including particularly, but not limited to, the CA'V1A 75- Foot Estuarine Shoreline Standards and the Meuse Buffer Rules. Each owner of those certain Waterview Homesites contiguous to the Neuse River Conservation Zone identified in the following clause i_, shall have the right, upon approval by Declarant, to construct and use in the Neuse River Conservation Zone one dock and accessway to such clock according to the following restrictions and conditions. i. The Waterview Homesites contiguous to the Mill Creek b'euse Waterfront are lots 296 through 304 and lots 378 through 381 as shown on Exhibit A. The rights and easements described herein shall be granted only to the respective Owner of a 'Waterview Horaesit€E and shy to appurtenant to soft Homesite, and farmer sUl include :he riparian rights 8 Aug 15,12 08:13a Bobby Cahoon Construction 252-249-9884 p.13 held by the Declarant with respect to such Homesite as required for construction of any structures over public waters for which an easement is required from the State of North Carolina. ii. A dock shall not exceed six (6) feet in width and shall not extend further than fifty (50) feat waterward from the NWT,, and may include a perpendicular launch platform for a kayak or canoe at the waterward end that shall not exceed 20 feet in total length and three feet in width. Where coastal wetlands are present, no part of the dock shall extend past the waterward edge of the coastal wetland vegetation. iii. A dock shall be elevated a minimum of three (3) feet above NV IL or, where constructed over coastal wetlands, three (3) feet above the wetlands substrate, provided that a launch platform shall be required to be elevated only one and one-half (1 %) feet above those levels so long as it does not exceed three (3) feet in width and eight (8) feet in length, in all cases measured from the bottom of the decking. ; iv. A dock shall be constructed of materials permitted by applicable ' governmental regulations and compatible with other docks and structures in the Neuse Rives Conservation Zone. 2. Establishment of the Mill Creek Conservation Zone. The MW Creek Conservation .Zone is hereby established along the Mill Creek Shoreline in Mill Creek Subdivision Phase I and Phase 11, subject to the restrictions and conditions set out hereinafter. The Mill Creek Conservation Zone is hereby deigned as the area of land located between the NWL o; bill Creek and a line seventy-five E et (75') from and parallel to the N- W L, as mare Aug 15 a 2 08:13a -Bobby Cahoon Construction r 252-249-9884 p.14 particularly described in Exhibit B, Sheets 1-7 attached hereto and incorporated herein. This Fourth Supplemental does not restrict the right of any Waterview Homeowner to conduct any construction, development or other activity in the portion of the Mill Creek Conservation Zone within such Waterview Homeowner's lot, provided that such construction, development, or other activity shall comply with all applicable governmental regulations, including particularly, but not limited to, LAMA Estuarine Shoreline Standards and Neuse Buffer Rules in addition to any applicable restrictions and conditions set out hereinafter. a. No Greenway. No green -way is established in the Mill Creek Conservation Zone by this Fourth Supplemental, and no right of a.ceess to the Mill Creek Consenmtion Zone is granted hereby to Owners or any other person, except as hereinafter provided to owners of certain Waterview Homesites. b. Use of Mill Creek Conservation Zone for Docks and AccessBgwys. The right of owners of certain Waterview Homesites to build a dock and accessway to such dock in the NEII Creek Conservation Zone is hereby established, subject to the restrictions and conditions set out hereinafter. This Fourth Supplemental does not relieve an owner of a Waterview Komesite from the obligation to obtain necessary approvals for any constructiort development or other activity within the TIili Creek Conservation Zone or such owner's property as required by other provisions of the Master Declaration and applicable governmental regulations including particularly, but not limited to, the CA-IMA 75-Foot Estuarine Shoreline Standards and the Neuse Buffer Rulers. Each owner of those certain Watenv ew Homesites contiguous to The Mill Creel: Conservation Zone, ,which are identified in the ioilowi g snubsection e., shall have the right, upon 10 Aug 15 1 E 08:14a. t Bobby Cahoon Construction 252-249-9884 p.15 approval by Declarant, to construct and use in the Mill Creek Conservation Zone a dock: for a non -motorized boat such as a canoe or kayak (a "Kayak Dock.") or, in the case of certain Waterview l-lomesites hereinafter identified in subsection d., the Owner of such Homesite may instead seek approval for one dock for the purpose of docking a motorboat (a "Motorboat Dock'), and each such Owner shall also have the right, upon approval by Declarant, to an ac=way to such dock, according to the following restrictions and conditions. c. The Owners of the following. Waterview Homesites shall have a right to seek approval and an easement to construct one Kayak Dock: Lots 285, 272, 238, 235, 232, 231, 206, 205, 62C, 62B, 62, and 60. A Kayak Dock approved hereunder shall comply with the following restrictions and conditions: i. Cq ly non -motorized boats may be launched, tied up or otherwise used or accommodated at a Kayak Dock. There shall be no boat slips associated with a Kayak Dock ii. A Kayak Dock shall not exceed six (6) feet in width and shall not extend more than one-fourth (1/4) of the width of the water body as measured from the waterward edge of any coastal wettand vegetation which borders the water body. A Kayak Dock may have a perpendicular launch platform at the waterward end that snail not exceed 20 feet in vxai length and 3 feet in width. Where coastal wetlands are present, no part of the doek small extend past the watenvard edge of such wetlands. Aug 15-12 08:14a Bobby Cahoon Construction 252-249-9884 p.16 iii_ A Kayak Dock shall be elevated a minimum of three (3) feet above the NWL or, where constructed over coastal wetlands, three (3) feet above the wetlands substrate, provided that the launch platform shall be required to be elevated only 1 '/z feet above those levels, so long as it does not exceed three (3) feet in width and eight (8) feet in Iength in an cases measured from the bottom of the decking. d. The Owner of the following contiguous Waterview Homesites shall have a right to seek approval and an easement to construct either one Kayak Dock or one Motorboat Dock: Lots 284, 278, 273, 233 and 230. A Motorboat Dock approved hereunder shall comply with the following standards and requirements. i. A Motorboat Dock shalt not exceed six (6)feet in width and shall not extend more than one-fourth (1/4) of the width of the water body as measured from the waterward edge of any coastal wetland vegetation which borders the water body. I A Motorboat Dock shall be elevated a minimum of three (3) feet above NVJL or if constructed over coastal wetlands, a minimum of three (3) feet above the wetland substrate, in both cases measured from the bottom of the decking. iu. Mooring pilings shall bs permitted as approved by the Division of Coastal Management and other governmental agencies with jurisdiction. e. A Kayak Dock or Motorboat Dock shall be constructed of materials permitted by applicable go,.%=nenial regulations and rampadble Aith other cloaks and str~uctures in the NEE Creek C:onsen ation Zone. l2 Aug 15' 2 08:14a Bobby Cahoon Construction 252-249-9884 p.17 £ The rights and easement described hereunder shall be granted only to the respective Owner of each Waterview Homesite, and shall be appurtenant to such Homesite, and farther shall include the riparian rights held by the Declarant with respect to such Homesite as required for construction of any structures over public waters for which an easement is required from the State of worth Carolina_ 3. Requirements for Accessways to Docks in the Neuse River and N1itJ Creek Conservation Zones. An accessway to a Kayak Dock or a Motorboat Dock in the Neuse River Conservation Zone or the Mill Creek Conservation Zone may include a path or structure, including a stairway where necessary due to the slope of the embankment. For purposes of this provision an "accessway" shall include any portion of a Dock landward of the NWL and shall comply with the following restrictions and conditions. a. The segment of an accessway within the SU-foot Neuse Buffer shall be elevated a minimum of three (3) feet above grade and the walkway shall be constructed of slotted planking and no greater than six (b) feet wide. b. An accessway structure may include benches or other seating so long as they meet the other requirements for accessways. C. Roofs or other impaMous surfaces are prohibited. d. Aeeessways may have handraiIs as required by applicable building codes or otherwise necessary for safes reasons. :2 Aug) 512 08:15a 'Bobby Cahoon Construction 252-249-9884 p.18 e. Accessways shall be designed to allow or facilitate, where necessary, pedestrian access thmugh the Neese Greenway as permitted by this Fourth Supplemental, and therefore stairs or other means for pedestrians to cross the accessway must be provided. f. Accessways shall be constructed of materials permitted by applicable j governmental regulations and compatible with other aeeessways and structures in the Mill Creels Conservation. Zone. 4. Setback from RropLgly Lines Required for all Structures. Any accessway stmeture in the Neese River Conservation Zone or the Atli Creek Conservation Zone shall be i located no less tlan fifteen (15) feet from the extension of the side property lines of the cordiguous Waterview Homesite to which the stmeture is to be appurtenant_ 5. Appmyal Procedure. An Owner of a Waterview Homeshe that is permitted to Have any dock and/or accessway hereunder, or the Owner's authorized representative, shall apply to Declarant for approval of such dock and/or accessway by submitting an application and a plan in such form as the Declarant may require. Declarant shall approve the proposed application and plan if it meets the applicable standards and criteria, and shall issue a written approval conditioned upon the Owner's obtaining the necessary governmental permits. The conditional approval shall include the Declara-at's commitment to grant the owner an easement that kicludes ripaxian rights. Upon receiving the necessary governmental regulatory approvals, the owner shall submit documentation thereof to the Declarant and the Declarant shall issue final approval and shalt grant the regFiested easement to the Owner Eor recordation. Declarant may assign its 14 Aug1b1208:1ba Bobby Cahoon Construction 252-249-9884 p.19 rights and obligations under this approval procedure to the POA and upon such assignment shall have no further responsibilities regarding this approval procedure. 6. Other Regulations Adsplicable. These standards and conditions for docks and accessways in the Meuse River Conservation Zone or the Mill Creek Conservation Zone are in addition to, and do not replace or supersede, applicable government regulations, and an Owner is responsible for complying with all such regulations in designing, constructing and using docks and accessways. 7. Maintename, Responsibilities for Greenway. The Declarant shall maintain the Norse Greenway in a condition suitable for the uses described herein, as such uses may vary in each area of the Gneenway, consistent vh6 applicable environmental regulations and landscaping practices for other common areas, and the Declarant shall have the right, but not the obligation, to lay out, develop or construct, maintain and repair any trails or paths that it finds desirable for and consistent with the purposes of the Greenway. Declarant reserves the right to transfer the maintenance obligations to the POA and upon such transfer, Declarant shall have no further responsibilities relating to the maintenance. S. Maintenance Responsibilities for Docks and Accessways. The Dwner of a dock and/or accessway approved and constructed hereunder shall be responsible for maintenance and repair of such dock and accessways constructed pursuant hereto. In the event the Owner fails to adequately maintain or repair a dock or accessway, the Declarant may, after providing adequate notice and complying with procedures of the Master Declaration, perform such maintenance Aug 1�12'08:16a Bobby Cahoon Construction 252-249-9884 p.20 and/or repair at the expense of the Owner. Declarant may assign the right to perform such maintenance to the POA. 9. Declaxant's Right to Further Restrict_ The Declarant shall have the right to further xegulate or restrict uses, including those allowed above, and the design and materials used in structures as it shall find necessary for purposes of safety or otherwise for the continued use of the Neuse River and Mill Creek Conservation Zones and the Neuse Greenway for their specified purposes. The Multi -Use Trail 10. Multi -Use Trail. Declarant has retained fee simple ownership of certain real property within the Common Elements for the purpose of reserving and constm eting a trait (the "Multi -Use Trail") for the use of Owners in the Community and their guests and invitees. Declarant shall have the right, but not the obligation, to develop and maintain the uulti-Use Trail according to these provisions. a.. The approximate location of the Multi Use Trail is described on .Exhibit C, Sheets 1 and 2 attached hereto and incorporated herein, and the approximate location of the specified str=tures within it are desc�r•ibed on Exhibit D, -Sheets 1-10 attached hereto and i=orpo.ated berein. Declarant reserves the right to modify the location of the Multi -Use Trail and structm-es pursuant to authority Urtder dac Master Declaraton and Von obtains-.g any i6 Aug 15 *12 08:16a Bobby Cahoon Construction 252-249-9884 p.21 necessary regulatory approvals. The Multi -Use Trail shall be subject to the following uses, easements, restrictions and conditions, provided that it shall also be subject to any additional uses, easements, restrictions or conditions adopted by Declarant according to the procedures set out in the Master Declaration_ b. The Multi. -Use Trail shall be constructed and maintained in conformance with generally accepted design standards, and may include paved and unpaved trail surfaces, at - grade shoulders, vegetative buffers, benches, signs and other such improvements as Declarant, in its sole discretion, finds necessary for the safe use and enjoyment of the Multi -Use Trail. C. Declarant shall take such measures as it deems necessary to prohibit or limit public access to and use of the Multi -Use Trail trough the use of signs, gates or other means. Declarant may assign this obligation to the PQA and upon such assignment, shall have no obligation or liability relating to access to the Multi -Use Trail. d. Declarant shall maintain the Multi -Use Trail in condition suitable for its intended uses, including performing inspections, repairing damage and removing impedimenis to its use, and may construct or modify such structures and perform such activities as necessary to facilitate the purposes of the Multi -Use Trail. Declarant may assign this obligation to maintain to the POA and upon such assignment, shall have no further liability for any maintenance to the Multi -Use Trail. e. The Multi -Use Trail shall be constructed and maintained in compliance -�Fth all applicable governmenial req irements, .ncluding Ime Americans vrith Disabilities Act. 17 Aug 15112 08:16a Y Bobby Cahoon Construction 252-249-9884 p.22 I f. The Multi -Use Trail shall be used for passive recreational trail purposes, such as walking, hiking and running, and for non -motorized vehicles such as bicycles. Declarant shall have the right to regulate or restrict uses (including but not limited to those specif o uses listed above) which it deternunes to be unsafe or otherwise detrimental to the continued use and enjoyment of the Multi -Use Trail. The Multi -Use Trail shall be subject to the following restrictions and conditions: i Motorized vehicles shall be prohibited except those used by Declarant for construction, maintenance and repair purposes. A. Meetings and other types of group actvtities, and camping and othex overnight activities are prohibited, except in such areas as may be approved and designated by Declarant. iii. Destruction of natural features and cutting, removing, mexNing or destruction of vegetation or trees are prohibiters. iv. Launching or storing boats is prohibited except at locations designed by Declarant. V. No equipment, fences, or other obstructions, whether temporary or permanent, shall be installed or left in the Multi -Use Trail, vi. Littering is prohibited. Aug .5,'12 08:17a Bobby Cahoon Construction 252-249-9884 p.23 vii. No signs shall be placed in the Multi -Use Trail except those placed or approved by Declarant for directional or instructional purposes. viii. Any other activity inconsistent with or detrimental to the purposes of these restrictions is prohibited. General 11. Amendment. Any provision contained in the Master Declaration, including this Fourth Supplemental, may be amended or revoked as provided in the Master Declaration. 12. Effect of Provisions of Master Declaration. Each provision of the Master Declaration, and any agreement, promise, covenant and undertaking to comply with each provision of the Master Declaration, shall be deemed a land use restriction running with the land as a burden and upon the title to the Greenway and the Multi -Use Trail, as applicable. 13. COnVeyance and 'Transfer. Conveyance, assignment or transfer of Declarant's rights, reservations, easements andlor obligations regarding the Common Elements established hereunder shall be subject to applicable provisions of the Master Declaration not inconsistent with the provisions hereof. 14. Binding Effect. The restrictions set forth herein shall be binding upon and inure o dhe benefit of the owners of property within the Community, their heirs, or successors and assigns. 'iu Aug 15�2t)8:17a 4 Bobby Cahoon Construction 252-249-9884 p.24 15. Severability_ Invalidity or unenforceability of any provision of the Master Declaration in whole or in part shall not erect the validity or enforceability of any other provision or any valid and enforceable part of a provision of the Master Declaration. 16. Governing Law. The Master Declaration shall be governed by and interpreted in accordance with the Iaw of the State of North Carolina. 17. Ratification. The Master Declaration is hereby ratified and affirmed and, except as modified hereby, shall remain in full force and effect. 18_ Amendments, Waivers and Enforcement. This Fourth Supplemental shall be subject to the provisions of Articles X, XI and XII of the Master Declaration, and other applicable provisions thereof, including without limitation, the provisions regarding rights and reservations of Declarant, amendments, disclaimers, waiver of and consent to «olations, and enforcement, all of which are incorporated herein by reference. 19. Application of Restrictions. This Fourth Supplemental shall apply only to Arlington Place and Mill Creek and not to any other property now or hereafter owned by Declarant. Without Limiting the generality of the foregoing, this Fourth Supplemental shall not apply to any property designated on the Plat for future development. (Signatures are on the following pages.) 20 Aug1:,1,2`08:17a Bobby Cahoon Construction 252-249-9884 p.25 IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the day and year below described. BURTON FARM DEVELOPMENT COMPANY, LLC, a North Carolina Iimited liability company BY: BODDIE-NOELL ENTERPRISES, INC. A Member acting on behalf of the Management Committee of Burton Farm Development Company, LLC By: (SEAL) I)o E. Anderson, Exec. Vice President STATE OF NORTH CAROLINA COUNTY OF C-s I, Dor1nc1 - S , a Notary Public for the aforesaid County and State, do hereby certify that Douglas E. Anderson, personally appeared before me this day, and acknowledged that he is the Executive Vice President of Boddie-Noell Enterprises, Inc., a North Carolina corporation, a Member acting on behalf of the Management. Committee of Burton Farce i Development Company, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the Company in its capacity as Member of the Management Committee of the said Burton Farm Development Company, LLC, he executed the foregoing instrument for the purposes therein expressed for and on behalf of the said Boddie-Noell Enterprises, Inc., acting on behalf f the Management Committee of Burton Farm Development Company, LLC. Witness my hand and official seal, this day of J t,cner , 2012. Notary Public My Commission expires: A 1 111 ,a g i -7 PONNI lA H pEyti LDS [d'TAW PUEUC REENE COUN Y, FIG Aug 15 1208:18a Bobby Cahoon Construction 252-249-9884 p.26 BB&T Collateral Service Corporation and Branch Banking and Trust Company, ds trustee and beneficiary under heeds . of That encumbering the property described in this Fourth Supplemental, said Deeds of Trust Toeing recorded in the Pamlico County Registry at Book 479, Page 116, Book 479, Page 124, Book 499, Page 1 (re -recorded in Hook 500, Page 301), and Book 558, Page 906, as supplemented and amended, join in the execution hereof for the purpose of consenting to the recordation of this Fourth Supplemental, and to subordinate and subject said Deeds to Tract to the Master Declaration and this Fourth Supplemental. TRUSTEE: BB&T COLLATERAL SERVICE CORPORATION By: A& b, (SEAL.) Name: a 'o- �)s Title: VP BENEFICIARY: BRANCH BANKING AND TRUST COMPANY By: a-c.�- *" � (SEAL) Nam • `-�ac.G� �• F2oSr Title: S .e n - u'- V f c.,- Ric sdid- STATE OF NOAROLINA COUNTY OF 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily jigned the foregoing doe u ent far the purpose stated therein and in the capacity indicaEted .}Q %2;� 1 rn5 the Vl of BB&TCOLLATERAL [1TT�1 T/•T /If�T T/'11 fll1S _ �!_.�L 11__. _1!_. _ A __ __. Date: Y� 2012 ,�`\iX t il/! Official Signature of Notary:AJ `'lz� W F4"0 13— ,Notary's Printed or Typed Name: AS' 1Ac,, Ski"' C� � , Notary Public Z- 1 J NOZAaY � � %fy Canuuission Expires: pustic (afficial Sew) �f QU � \1 f`?t;ttl4iE�4 '2 Aug 1 ;1,2 08:18a Bobby Cahoon Construction 252-249-9884 p.27 r STATE OF NO CAROLINA COUNTY OF I certify that the following persons) personally appeared before me this day, each acknowledging to me that he or she}}��oluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: <JQ�C jd� _f oC theme �Vti ce �fes; �1t BRANCH BANKF�IG t�ND TRUST COMPANY a Narth Carolina cmaration. Date: �`jQ 2012 S TEroC'f�� Official Signature of Notary: No 's PrBnted or T Y- V(Yl U} P'h (' Notary PublicOTAF2Y j fury yped Name: PUBLIC � � My Commission Expires: �E0 (Official Seal)