Thompson, Harry M.

,kFAMA/, REDGEAF.111
710^" 11 6512 NA B D
4.0'
eENERAL PERP Previous permit #
ElModification ElComplete Reissue DPartial 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 I SA NC -AC
71 Rules attached.
J
Applicant Name Project Location: County
Address Street Address/ State Road/ Iot #(s)
State', 'J, ZIP City
Phone # E-Ma*-------= Subdivision, . ... ...
Authorized Agent City. ZIP
J River Basin
'��W '*W TA .14, 'ES El PTS
,,"Phone #
Affected
El OEA 0 HHF 011H El UBA 0 N/A
AEC(s): Adj. Wtr. Body 466at'/man /unkn)
El PWS:
Closest Maj. Wtr. Body E.
ORW: yes h no, PNA yes/
Type of Project/ Activity
A0'r 4& 6r'rt; e'5A-- hoVr1�1teff
Pier (dock) length
Fixed Platform(s)
1 1 k I I N I I
Floating Platform(s)
Finger pier(s)_
.... . ... ...
Groin length
numbe
--g
Bulkhead)',,pr)a length ............ .... .. ..... ........ . ......... ..........
avg distance offshore
max distance offshore
Lo
I TA
Basin, channel
F.
... ..... ... ..... ........... .. ..... ..... . ........ . .... . ... .. . ... .. .. .. .. ........... .......... .. ........ .. ..... ... .. ... .. - ....... .. ... .... . ... ... .. T.
cubic yards
JF
Boat ramp
m,
Boathouse/ goatlift i • :- „ _ , . t mail if I
Beach
Other
Shoreline Length f.A",
SAV: not sure yes kio",
Moratorium: n/a yes
Photos: yei qI
Waiver Attached: yes no
A building permit may be required by:
(Note Local Planning jurisdiction)
Notes/ Special Conditions
- fr• V 1 1 - , li�
3 tA
o-J, ("! v 0
Permii0f
I
El See note on back regarding River Basin rules.
1'i t,-P A 'r
-'s Printed'Naime
14
nature pas, rn read compliance on b ckofpil Signature
2 ZF
. . . . . . . . . . .
batJ
cati e Mck# ng ny
'Al
A oijFe (s) ,ppli

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:
El Tar - Pamlico River Basin Buffer Rules 0 Other:
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 Resources. Contact the Division of Water Resources at the Washington Regional Office (252-946-6481) or the
Wilmington Regional Office (910-796-7215) for more information on how to complywith these buffer rules.
Division of Coastal Management Offices
Morehead City Headquarters
400 Commerce Ave
Morehead City, NC 28557
252-808-2808/ 1-888-411COAST
Fax: [phone]
(Serves: Carteret, Craven, Onslow -
North of New River Inlet- and Pamlico
Counties)
Elizabeth City District
1367 U.S. 17 South
Elizabeth City, NC 27909
252-264-3901
Fax: [phone]
(Serves: Camden, Chowan, Currituck,
Dare, Gates, Pasquotank and Perquimans
Counties)
Washington. District
943 Washington Square Mall
Washington, NC 27889
252-946-6481
Fax: [phone]
(Serves: Beaufort, Bertie, Hertford, Hyde,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-796-7215
Fax: [phone]
(Serves: Brunswick, New Hanover,
Onslow - South of New River Inlet -
and Pender Counties)
http://www.nccoastalmanagement-net/
Revised 08/27/14

Y��

To: CAMA and Harry Thompson April 1, 2015
Concerns: Drainage ditch boarding Mr. Thompson's property and Barnesfield sound access
The engineering drainage plans for Summerset Plantation shows that the major drainage ditch easement
for Summerset Plantation is on a 20' piece for lot #51 in Summerset. This happens to be on Mr.
Thompson's property. Concerns for this easement have been ignored several times over the years by
Summerset residents. This has affected Barnesfield's 20' strip of property by forcing the drainage
from Summerset on to Barnesfield's property.
Additional riprap has been added to the outfall even over Mr. Thompson's property line. Adding
additional "hard structure" to this area will cause additional problems for Bamesfield. Protecting Mr.
Thompson's property is a concern of ours but should not negatively affect Barnesfield's property.
Just as we have concerns about of our valuable sound front property we do not want to hurt the value of
his.
Enclosed are three drawings of the area of concern. Easements are clearly shown on them. One of the
drawings clearly shows the riprap going over the property lines(by his own drawings). Bulkheads, etc.
are also shown. Can/should this situation be corrected before additional "hard structure" is added??
Again, we are not wanting to hurt Mr. Thompson's property, but we do not want to have ours hurt
either.
If we need to meet on sight with you, I will be happy to.
Many thanks,
Bill Oehler
�0
RECEIVED
MAI I I M5
RECEIVED
APR 01 2015
F3CCM,,M M9 PITY

00
CERTIFIED MAIL ° RETURN RECEIPT REQUESTED
' i LQUIN i I
Name of Property Owner:
Address of Property: �r 0' 2 H e.- L , C: c --.
(Lot or Street #, Street 6r Road, Ci & Cou
Agent's Name #: Mailing Address:.
Agent's phone #:
Cyr
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or. drawing with dimensions, must be provided with this letter
I have no objections to this proposal. _Z have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of.this notice. Correspondence should be mailed to 400
Commerce Ave., Morehead City, NC, 28557. DCU representatives can also be contacted at (252) 808=
2808. No response is considered the sane as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I 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.) RECEIVED
1 do wish to waive the 15' setback requirement. APR 01 a
do not wish to waive the 15' setback requirement.
(Prope Owne nformation) (Adjacent Property Owner Information)EivED
i
r MAY 111015
ignat I SignatureIV
rr'F_nw�� �►+v
Lie- '
Print or Tye Name Print or Type Name
G0 qZ-2cf !2 c r•
Mailing Address
City/Sfa 62ip .
Telephone Number
3: 9 s
Date
it)/,&
Mailing Address
City Sta e/Zip
2!�-2- -491 Z 1�C�
Telephone Number
Revised 6/18/2012

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80. pp.
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APR 01 2015
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NOTa : A9F-A 1#4 TKIAIAilatZ OJT
0E- LOT 1E I = C-4i, 112 5q,ft.
DEC17
t3COK 4�34, PACaE 309
RPONAGE DITCH
20" "A1"Ad►£ EA"MENT
F • t3 2 ro PEa:. 61
SA M U L (= ; Q,-i L L. O U
Hereby certify that th! dIP yet, ,aNl�1 pre�cre� '✓
according to the stop ds actice for land surveying 4 W I FIr
In North Carolina , and bat ere ;i b encroachments
either way on sold syswy." { � W , 69!N1 L_ [ Lj
° - 62r,t LOIN 51 !�601 R'5ET PLA1,11 ATlUtJ
COUNTY CITY TOWNSHIP;:>✓-�z CARTERET N/1'�
SCALE DATE PROJECT NO.
*REISTERED LAND SORVE OR" REGISTRATION NO: `� = 40' i j4aju^"6 I Gig-? z qo O 1 !!o
SUVlEftED. BY DATE john p. mdean engineering associates
I3• LI5T-ON 4I'L ZU-cj l En ineeriu
FIELD BOOK �����E,e�-�T P.a.�rrs>-io.ri PRAWN 8Y � 1^ Surveying Land Manningf cA �E
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• Complete items 1, 2, and 3. Also complete
item 4. if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we caruretum the card to you. -
• Attach this card to the back of the mailpiece,
or on the front -if space permits.
1. Article Addressed to:
9/11 Oehle-r
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MAR 3 0 210't;
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3. Service Type
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4. Restricted Delivery? (Extra Fee) C3 Yes
2. Article Number
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1100
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PS Form 3811, July 2013 Domestic Return Receipt

UNITED STATES POSTAL SERVICE
First -Class Mail
Postage &Fees Paid
US I
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4® in this box*
A/Cty TA hc/J s61ti
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ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that. I own property adjacent to k3 d l 1- -D tau- e 4� v-1 A -
(Name of Property Ov
.I�roPer'c�!,lo_atecl:,t_-- d 7-_r�1/'___C /I/ L -
's
on /�C3 4 v e J`e2V2a , in /I/e l.,92& AZ C , N C.
�— (Waterbody) (titylTown and/or County)
The applicant has described to me, as shown below, the development proposed at the above
location.
I have no objection to this proposal.
have objections to this proposal
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must fill in description below or attach site drawing)
t�r0P&5e- PY0i�eC* t.5 -t-0 lei.�wd �✓�'"0 /�G/�o'K for
9 -e rn a r s lt- 9 r Jr s f v- o % P r
RECEIVED
LIAR 3 0 Z(i?t7
1)CM-MH0 CITY
WAIVER SECTION
I 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.)
1VA4 I do wish to waive the 15' setback requirement.
_& I do not wish to waive the 15' setback requirement.
Print or e Name y
Ma mg Address
VN�
City/State/Zip
a 5;7 :f6 - 3q.1 1
Telephone Number
15 11 ^ I -
Date`
N rv-r
(Adjacent Property Owner Information)
Sanature
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Print or Type Name
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Mailing Address RECEIVED
Ale A) rye r�. Al e-
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City/S�tat � %Zip MAY 11 1015
Telephong Num er
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Date
(Revised 611812012)
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Nul5? 3.3' .►.R
PRIVATE:)
50- R/W a:
E RECEIVED
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DRAINAGE DITCH
R/W
� MAY I 1 1015
RECEIVE a! +
20� DRAtnlA4�E EASEI+IEIJT
MAR 3 0 1015
kJ�W�-w,lnck halt,+.
ry geM. S
2 6 PEr. 61
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Hereby certify that ttd
.K tlpre aced
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In North Carotlaa and Nat ene pact menis
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,
either way on said ar�vey.' "
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,),REGISTRATION
1-0-17 51 �501115FZ5Er P AWrAr'lo►.I
CARTERET
CITY
N/A
TOWNSHIP
TOWNSHIPCOUNT�
MoR>✓H�
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*REISTERED
-3ca6Z
SCALE
! + = 4d
DATE
Auuy.R�(G I o} Z
PROJECT NO.
RO O I (Co
LAND SURVE OR' NO:
SU V ED. [BY
DATE
John p. mclean engineering associates
12-20-91
Fn ineerin
R � Surveyintt {.anti 1'tattninK
FIELD BOOK �i�i /E.P55ET
S.P 2.r�414��PAGE
PAntTA7io.�/
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DRAWN t3Y
D,G.M.
104 MANATEE a� Aaar tac T tuKaNnsatw KC. xaas+

SECTION .2400 — GENERAL PERMIT FOR PLACEMENT OF RIPRAP REVETMENTS FOR WETLAND
PROTECTION IN ESTUARINE AND PUBLIC TRUST WATERS
15A NCAC 07Ii .2401 PURPOSE
The general permit for placement of riprap revetments for wetland protection in estuarine and public trust waters shall
allow the placement of riprap revetments immediately adjacent to and waterward of the wetland toe. This permit shall
only be applicable in public trust areas and estuarine waters according to authority provided in 15A NCAC 0 7 J .1100
and according to the rules in this Section. This permit shall not apply to oceanfront shorelines or to waters and
shorelines adjacent to the Ocean Hazard AEC with the exception of those portions of shoreline that feature
characteristics of Estuarine Shorelines. Such features include the presence of wetland vegetation, lower wave energy,
and lower erosion rates than in the adjoining Ocean Erodible Area.
,Wistd'ry Note: Authority G.S. 113A-107; 113A-118.1;
Eff. August 1, 2000;
Amended Eff. February 1, 2009; April 1., 2003.
1 SA NCAC 07H .2402 APPROVAL PROCEDURES
(a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management and
request approval for development. The applicant shall provide information on site location, dimensions of the project
area, and the applicant's name and address.
(b) The applicant shall provide:
(1) confirmation that a written statement has been obtained signed by the adjacent riparian property
owners indicating that they have no objections to the proposed work; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of the
proposed work. The notice shall instruct adjacent property owners to provide any comments on the
proposed development in writing for consideration by permitting officials to the Division of Coastal
Management within ten (10) days of receipt of the notice, and, indicate that no response shall. be
interpreted as no objection. The Division of Coastal Management shall review all comments and
determine, based on their relevance to the potential impacts of the proposed project, -if the proposed
project can be approved by the General Permit process. If not, the applicant shall be notified that an
application for a major development permit shall be required.
(c) No work shall begin until an on -site meeting is held with the applicant and a Division of Coastal Management
.representative so that the structure location can be marked. Written authorization to proceed with the proposed
development shall be issued during this visit. Construction of the structure shall be completed within 120 days of the
issuance of the permit or the general authorization expires and it shall be necessary to re-examine the alignment to
determine if the general authorization may be reissued. RECEIVED
History Note: Authority G.S. 113A-107; 113A-118.1; MAR 3 0 2@115
Eff. August 1, 2000; ktbw� ewr7r ra�r��
Amended Eff. Februaty 1, 2009; October 1, 2007.
15A NCAC 07H .2403 PERMIT FEE
The applicant shall pay a permit fee of two hundred dollars ($200.00). This fee shall be paid by check or money order
made payable to the Department.
RECEIVED
History Note: .Authority G.S. 113A-107; 113A-118.1; 113A-119.1; MAY 1 1 2015
Eff. August 1, 2000:
Amended Eff. September 1, 2006. POWWA040 �_'1+o
15A NCAC 07H .2404 GENERAL CONDITIONS
(a) This permit authorizes only the construction of wetland protection structures conforming to the standards herein.
(b) Individuals shall allow authorized representatives .of the Department of Environrnent and Natural Resources to make
periodic inspections at any time deemed necessary in order to ensure that the activity being performed under authority of
this general permit is in accordance with the terms and conditions prescribed herein.
(c) The placement of riprap revetments authorized in this Rule shall not interfere with the established or traditional
rights of navigation of the waters by the public.
(d) This permit shall not be applicable to proposed construction where the Division of Coastal Management has
determined, based on an initial review of the application, that notice and review pursuant to G.S. 113A-119 is necessary
because there are unresolved questions concerning the proposed activity's impact on adjoining properties or on water
quality; air quality; coastal wetlands; cultural or historic sites; wildlife; fisheries resources; or public trust rights.
77

(e) This permit shall not eliminate the need to obtain any other required state, local, or federal authorization.
(f) Development carried out under this permit shall be consistent with all local requirements, AEC Guidelines, and local
land use plans current at the time of authorization.
History Note: Authority G.S. 113A-107; 113A-118.1;
Eff. August 1, 2000;
Amended Eff. February 1, 2009.
15A NCAC 0711.2405 SPECIFIC CONDITIONS
(a) This general permit shall only be applicable along shorelines possessing wetlands, which exhibit an identifiable
escarpment.
(b) The structure shall be constructed of granite, marl, riprap, concrete without exposed rebar, or other suitable
equivalent materials approved by the Division of Coastal Management.
(c) The height of the erosion escarpment shall not exceed three feet.
(d) The riprap shall be placed immediately waterward of the erosion escarpment.
(e) The riprap revetment shall be positioned so as not to exceed a maximum of six feet waterward. of the erosion
escarpment at any point along its alignment with a slope no flatter than three feet horizontal per one foot vertical and -no
steeper than one and. one half feet horizontal per one foot vertical.
(f) The riprap shall be positioned so as not to exceed a. maximum of six inches above the elevation of the adjacent
wetland substrate or escarpment.
(g) Where the Division of Coastal Management determines that insufficient wetland vegetation exists along the
permittee's shoreline to provide adequate shoreline stabilization, the permittee shall be required to plant appropriate
wetland. vegetation landward of the riprap revetment as directed by the Division of Coastal Management.
(h) Construction authorized by this general permit will be limited to a maximum length of 500 feet.
(i) No backfill or any other fill of wetlands, submerged aquatic vegetation, estuarine waters, public trust areas, or
highground areas is authorized by this general permit.
0) No excavation of the shallow water bottom, any wetlands, or high ground is authorized by this general permit.
(k) Riprap material used for revetment construction shall be free, from loose dirt or any pollutant and be of a size
sufficient to prevent its movement from the site by wave action. or currents.
(1) If the crossing of wetlands with mechanized or non -mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the area(s) to be crossed. The temporary mats shall be removed immediately upon
completion of construction of the riprap structure.
(m) The permittee shall maintain the structure in good condition and in conformance with the terms and conditions of
this permit or the remaining riprap revetment shall be removed within 90 days of notification from the Division of
Coastal Management.
History Note: Authority G.S. 113A-107, 113A-118.1;
Eff. August 1, 2000;
Amended Eff. February 1, 2009.
78

CJ&71U
NORTH CAROLINA
CARTERET COUNTY
RESTRICTIVE COVENANTS
THIS DECLARGION OF RESTRICTIVE COVENANTS made and entered
into this day of July 1988, by the present property
owner, H. WILLIAM HULL, JR. and wife MARILYN H. HULL, of Wake
County, North Carolina hereinafter called "DEVELOPER", for
their use and benefit and for the use and benefit of all
future property owners, and others.as stated herein in the
hereinafter described properties.
1. THIS DECLARATION shall run with the land and shall
bind, and inure to the benefit of, the owners of any portion
of the following described lands, and any other party or
entity claiming through said owners or as stated in this
DECLARATION.
IN MOREHEAD TOWNSHIP, CARTERET COUNTY , NORTH
CAROLINA, and being all of SOMERSET PLANTATION
SUBDIVISION; as the same is identified and
shown on that map of John McLean, Registered
Surveyor in Map Book Z6 at Page bl ,
Carteret County Registry.
2. By the filing of this DECLARATION, the DEVELOPER
creates a Somerset Plantation Homeowners Association.
Membership in this Association, (hereinafter known as the
"HOA") shall consist of all parties who own land within the
above described property. Membership shall be divided into
one (1) share per lot, or a total of 67 shares.
All decisions made by the HOA (exclusive of amendments
to these covenants which require a 75% majority) shall be
enacted only by a majority vote of the shares voted at a duly
qualified meeting. All obligations imposed by the HOA shall
be assessed against each property on the same pro-rata basis
as voting, that is one (1) share per lot.
3. THE LANDS described in this DECLARATION .or any
amendment thereto, are specifically restricted . to
residential use only, provided, however, nothing contained
herein shall in any way restrict DEVELOPER'S 'activities in
developing and promoting the subject lands.
4. Enforceability of these covenants may be sought by any
individual lot owner, by the DEVELOPER and/or by the HOA.
5. THIS DECLARLATION prohibits any trailers, mobile homes
or habitable motor vehicles of any nature to be occupied on
any .property subject to this DECLARATION. No ch travel
1
RECEIVED
MAR 3 0 1015
r. .
RECEIVED
MAY 1 1 2015
0
5,

trailers, habitable motor vehicles,boats or marine vessels
shall be stored on any streets or street rights of way within
the herein described premises. The owner or permitee of any
such motor home, travel trailer or boat and/or trailer shall
provide adequate off-street parking to the side or rear of
the main dwelling unit constructed on his lot for the storage
or parking of such vehicle , boat or trailer. No junk
automobiles or portions thereof, no non -operative, unlicensed
vehicles of any nature, nor any motor vehicle dismantling or
repairing is permitted on the property subject to this
DECLARATION.
6. THIS DECLARATION prohibits the accumulation or storage
of any rubbish, trash, debris or unused material on the
property subject to this DECLARATION. Any construction debris
shall be removed no later than 14 days following substantial
completion of a construction project on any property subject
to this DECLARATION.
7. THIS DECLARATION prohibits the keeping of any animal,
fowl, livestock or barnyard animals on any property subject
to this DECLARATION , excepting only normal household pets
that customarily reside in homes. Those permitted pets shall
not be allowed to run loose, but shall be restrained at all
times by leash or fenced yard.
8. THIS DECLARATION prohibits walls, fences and/or hedges
grown or utilized as barriers, from exceeding Four (4) feet
maximum height above ground elevation. Front yard fences are
.
further restricted to not more than three (3) feet maximum
height above ground elevation and said front yard fences are
further prohibited from being chain link or the solid, opaque
barrier types.
..
DEVELOPER reserves the right to construct a project
fence along the North side of Lots 1, 2 & the nitrification
field area depicted on the map and along the East side of Lot
# 1, and such reservation by DEVELOPER shall not be a
violation of these covenants. These fences shall be
maintained by the HOA as a continuing obligation of said HOA,
and b the filing of this DECLARATION, the HOA is
y g granted a
perpetual easement across lots 1, 2 & the nitrification
field depicted the for the to
f..
area on map access necessary
properly maintain, repair and replace said fences.
9. THIS DECLARATION prohibits any sign, billboard or
`
advertising placard of any kind to.be erected or allowed to
remain on any property subject to this DECLARATION, provided,
.however,. that an individual property owner may identify
his/her property.address by a small, dignified sign. A single°.,.
"FOR SALE" sign not exceeding two (2) feet by three (3) feet
in size may be erected non -permanently on each lot. Nothing
contained herein shall prohibit DEVELOPER from erecting such
identifying and/or informational signs during property
>'
development stages as it may d em necessary. ubdion
Awl ivi
�`°! RECEIVED
2
G MAY 11 2015
RECEIVED
MAR3 0 2015

1
ii
identification and entrance signs located on earthern berms
at the entrance to the subject property shall be permitted to
remain in their current location and at their current size
regardless of any general statement to the contrary in these
covenants.
No sign permitted by these covenants shall be placed
upon the earthern berms or any nearer than ten (10) feet of
the toe or base of any of said earthern berms constructed on
lots 1, 2 & the nitrification field area depicted on the map
of the subject property.
The earthern berms constructed on lots 1,2 & the
nitrification field area depicted on the map of the subject
property shall not be changed in general size and shape by
excavation or fill. The maintenance, repair and replacement
of these earthern berms and signs shall be an obligation of
the BOA, and by the filing of this DECLARATION, the HOA is
granted a perpetual easement for the access necessary to
properly maintain, repair and replace said signs and berms.
10. THIS DECLARATION prohibits any house or other permitted
structure to be constructed on any property subject to this
DECLARATION which utilizes exposed cement, concrete block or
log construction. This shall not be interpreted to prohibit
wood or brick veneering over any cement or concrete block
construction provided that such cement or concrete block is
not visually exposed. Stucco type finishes are permitted. Pre
constructed or modular homes are not permitted to be moved
onto the property subject to this DECLARATION without the
express written consent of the H.O.A. For purposes of this
item, pre -construction shall not mean any individual
component of a dwelling constructed off site and moved
thereof for assembly, but this prohibition shall apply to a
dwelling which has the substantial portion of it's living
area moved to the property.
11. THIS DECLARATION provides minimum set back lines within
which all structures must be constructed without
encroachment. These set back lines are depicted on the
recorded plat of any property subject to this DECLARATION.
Such set back lines are incorporated into this DECLARATION
herein by reference.
12. THIS Developer reserves the right to subject the real
property in this subdivision to a contract with CARTERET
CRAVEN ELECTRIC MEMBERSHIP CORPORATION (hereinafter "CCEMC")
for the providing of electric services to.the subdivision.
The street lighting provided by the Developer shall be
operated from current provided by CCEMC which street lighting
system requires a continuing monthly payment to CCEMC by each
residential customer.
M. THIS DECLARATION reserves an easement, for utility
purposes, along the portion of the property fr 'ng on any
3
RECEIVED
MAR 3 0 2015
P9rwl-MHD CITY
RECEIVED
g, I I Vt
100-Wl' rjo 64'yr

platted street within the subject property. This utility
easement is ten (10) feet in width, contiguous with all
platted streets.
14. THIS DECLARATION prohibits the use of any temporary
structure, tent, shack or other outbuilding. Detached
garages, well covers and/or storage sheds are permitted
provided that they shall be designed and constructed in a
style and of a material consistent with the style and
materials of the main dwelling unit, and in no event shall
more than one (1) well cover and one (1) other detached
structure per lot be permitted.
Any storage shed constructed on the subject property
shall not exceed 250 square feet in size. If a garage,
detached or otherwise,- is constructed on the subject
property, such garage shall have a minimum size sufficient to
house one (1) full size passenger automobile and shall not
exceed a maximum size sufficient to house three (3) full
sized passenger automobiles. Any storage shed built in
conjunction with a detached garage or a garage incorporated
into the main dwelling, shall not be of a size to exceed the
250 square feet stated herein.
15. The roads and rights of way within the subdivision are
i
private, for the use and benefit of the property owners and
their guests. The maintenance of the roads: the rights of
way, any ditching and landscaping is an obligation of the
HOA. No individual lot owner shall be permitted to change the
general topography of any right of way, ditch or swale within
said right of way, provided, however, that if a culvert or
similar structure shall be necessary for driveway access from
a lot to the paved surface of a street, the individual lot
(:..
owner shall landscape or screen said culvert -from general
view without impeding any water flow in a ditch or swale, and
provided further, that each property owner is required to mow
and maintain the grass and landscaping on land within the
street right of way area contiguous from their property line
up to the paved road surface.
16. As stated in item # 2, this DECLARATION creates a Home
Owners Association with membership and voting rights defined
+:
herein. This HOA shall be operated under a set of By -Laws and_:;::
the rules and regulations of Roberts Rules of Order, current
edition. Every current owner of property within the
subdivision subject to this DECLARATION, including the
DEVELOPER if any lots are unsold, are members of the HOA.
Each new property owner automatically becomes a member of the
N'
HOA, and upon disposition of their property, their membership
automatically terminates. In voting on matters before the
HOA, each lot shall be entitled to cast one vote so that 67
votes are all .that may be cast in any decision. Mortgage
holders or other equitable holders of rights shall n t ber,'=?.
members of the HOA. l
`
4
74
x:
RECEIVED
MAR 3 0 7P` 1-
H6W ►a, i7ik )-itv
RECEIVED
MAY � 1 2015

17. The HOA as formed in items # 2 & 16 above, is
specifically charged with the right and obligation to
maintain the streets, roads, rights of way and the grass in
the nitrification area within the subdivision which is
subject to these covenants. the HOA does hereby have
authority to contract for any maintenance work necessary to
reach and stay at a standard necessary for safe and
comfortable travel over said roadways, and does hereby have
the authority to assess each lot in the subdivision a pro
rata share of the cost of such necessary maintenance. Any
unpaid assessment shall be lien upon that non-paying lot,
which lien may be enforced as provided for in North Carolina
law. In determining the necessity for such maintenance, a
majority vote of the HOA members, in person or by proxy,
shall be de*nitive.
�bdivision subject to these covenants contain
.18. The s
dedicated dr&inage easements as appear on the recorded
subdivision plat. These drainage easements are for the use
and benefit of all of the owners of property within the
subdivision and shall be maintained in a condition necessary
to accomplish their intended purpose. It shall be the duty of
the HOA to provide for the continuous maintenance of these
drainage easements. To facilitate this maintenance standard,
the HOA does hereby have authority to contract for any
maintenance work necessary to reach and stay at that
standard, and does hereby have the authority to assess each
lot in the subdivision a pro rata share of the cost of such
necessary maintenance. Any unpaid assessment shall be a lien
upon that non-paying lot, which lien may be enforced as
provided for in North Carolina law. In determining the
necessity for such maintenance, a majority vote of the HOA
members, in person or by proxy, shall be definitive.
19. THIS DECLARATION prohibits the re -subdivision of any
single platted lot within the property subject to this
DECLARATION. DEVELOPER and any successor in interest reserves
the right, however, to sell and convey to any grantee more
than one (1) contiguous lot or portion thereof without the
same being a violation of these covenants. Provided however,
that if such a conveyance is made of a tract of land that
includes a lot and another portion thereof, thereafter the
conveyed property shall become a single land unit and further
re -subdivision shall not be permitted, and all restrictions
contained herein shall then apply to that single land unit as
a single lot.The sewage disposal provisions of Item # 32
shall not -be a violation of this item.
Voting or paying HOA obligations shall be prorated on
the basis of land.owned, that is one and one-half lots shall
equal 1 & 1/2 votes, or any other fractional interest
thereof. No such multiple division of lots shall change the
total votes from 67 as set forth -herein.
20. THIS DECLARATION permits the /owner
of multi le
RECEIVED
MAR 30 7015
RECEIVED
MAY 14 2015

contiguous lots to construct a single dwelling overlapping
interior lot lines, and such overlap will not be a violation
of any of these covenants. Provided, however, that once such
multiple lot construction takes place, and interior set back
lines are encroached upon, then said multiple lots become one
(1) single land unit and further re -subdivision is not
permitted. All restrictions contained herein shall then apply
to that single land unit in the same manner as if it were a
single lot. HOA voting rights and.HOA obligations shall not
change in number and percentage by any combining of lots.
21. THIS DECLARATION prohibits construction of any dwelling
on exposed stilts or pilings, and provides for minimum
enclosed living space for each dwelling as specified
hereafter in this item. For purposes of this item, minimum
enclosed living areas shall be enclosed, interior heated
area, exclusive of all carports, garages (detached or
otherwise) attics, porches, patios and decks. For purposes of
this item,and this DECLARATION, every carport or garage
constructed on property subject to this DECLARATION must be
of sufficient size to simultaneously house or store at least
one (1) full size automobile, and not have more than three
(3) full size automobile capacity.
No construction shall be permitted on the property
subject to this DECLARATION which utilizes a flat -top roof.
All roof lines shall have a reasonable, normal pitch with a
height not to exceed a normal dwelling with two and one-half
(2 1/2) stories.
(a) Every one (1) story dwelling constructed
in the Subdivision subject to this DECLARATION
which dwelling does not have an attached
carport or attached garage must contain at
least 1,500 square feet of enclosed living
space;
(b) Every one (1) story dwelling'
constructed in the Subdivision subject to this
DECLARATION which dwelling does have an
attached carport or attached garage must r
contain at least 1,400 square feet of enclosed x
living space;
(c) Every dwelling containing 1 & 1/2
stories constructed in the Subdivision subject
to this. DECLARATION which dwelling does not
have an attached carport or attached garage
must contain at least 1,650 square feet of
enclosed living space;
(d) Every dwelling containing 1 & 1/2
stories constructed in the Subdivision subject
to this DECLARATION which dwelling does have
an attached carport or attached garage musts
J�W
RECEIVED
MAR 3 0 N1
RECEIVED
rMAY 11 2015

1
a
contain at least 1,550 square feet of enclosed
living space;
(e) Every two (2) story dwelling constructed
in the Subdivision subject to this DECLARATION
which dwelling does not have an attached
carport or attached garage must contain at
least 1,800 square feet of enclosed living
space;
i
(f) Every two (2) story dwelling
constructed in the Subdivision subject to this
DECLARATION which dwelling does have an
attached carport or attached garage must
Al contain at least 1,700 square feet of enclosed
living space;
22. Any dwelling constructed on the property subject to
this declaration which utilizes a concrete slab foundation
shall have said concrete slab elevated a minimum of three (3)
courses of standard size foundation block, or thirty (30")
M inches, whichever is less, above the surrounding rough ground
level. After final yard landscaping, said concrete slab shall .
be a minimum of sixteen (16") inches above the surrounding
finished ground level; so that there shall be at least
sixteen (16") inches of exposed foundation per slab -built
home. All dwellings constructed on property subject to this I;
'} declaration, whether slab or other type construction, shall (._.
?. be required to have a finished brick or stucco foundation or p:..
curtain wall around the base of said dwelling consistent with,
'F the remainder of said dwelling. R>
23. Any driveway connecting a dwelling, carport or garage
to any subdivision street shall be constructed of concrete at
least 3 1/2 inches thick, and the travel portion shall be at
least 10 solid feet wide. Asphalt driveways are permitted, ;
but shall be constructed to minimum highway standards, and
9 Y
properly foundationed brick pavers shall also be permitted as
driveways. There shall be no "runner" type of construction
permitted whereby a tract or runner is poured for each wheel'
of a vehicle.
24. There shall be only one driveway cut permitted per lot
<E' with the exception of loop or. circular driveways which•,,
originate and end on the same street. Driveway cuts for lots`_'';:
{ 1 6 2 must be from Waterford Place street and not Highway #
24. Driveway. cuts will not .be .allowed from lots
1,7,8,9,22,23,34,35 and 46 onto Somerset.Way.
Particular effort has been made to preserve pear trees
along the eastern border of Somerset Way, and all driveway S`
cuts leading onto Somerset Way shall be located so as to u;
3 maintain the integrity of this row of trees.
25. Two general common areas ha a been dedicated the use RECEIVED
x
MAR
7
a RECEIVED
as
MAY 1 1 7015

and enjoyment of the property owners in this subdivision.
These areas are depicted on the recorded subdivision plat as
being adjacent to the entrance way from Highway # 24 and to
the north of Lot # 70 and the area between lots 54 and 53
consisting of the boat ramp, docks, piers and pennisular.
Parking for vehicles and/or boat trailers is not
permitted on the roadway or common area adjacent to the boat
ramp area. After boat launching is completed, the vehicles
and trailers must be removed to their respective owners or
permitees lots. The BOA shall establish launching ramp use
restrictions and shall enforce these covenants together with
such adopted rules and regulations.
26. No satellite T.V. dishes or HAM radio antennas shall be
allowed or permitted to remain on any lot subject to these
declarations.
27. Any construction commenced on the property subject to
this DECLARATION shall be completed within 12 months from
it's start. Upon written request, and for good cause shown,
The BOA has the authority to provide a single extension of
this deadline for no more than six (6) additional consecutive
months. For purposes of this item, the commencement of
construction shall be the date of the issuance of the
building permit or actual commencement of the construction of
improvements, whichever comes earliest. Completion shall
include finishing of the exterior of the building,
landscaping, finish painting, construction of the driveway,
final trash cleanup, the issuance of a certificate of
occupancy and installation of permanent electric service.
28. For any lot within the property subject to this
DECLARATION, currently the State of North Carolina, and these
covenants, prohibit impervious ground cover from exceeding
6,098 square feet of said lot. Such Storm Water Runoff
provisions as may be thereafter established by the
appropriate agency of the State of North Carolina are
incorporated herewith by reference into these Covenants, and
these Covenants prohibit any violation of such provisions as
they may be changed form time to time. For this particular
item only, The State of North Carolina, or any of its
agencies shall have standing under this DECLARATION to
enforce the compliance with Storm Water Runoff regulations as
a third party beneficiary of these covenants.
29. The BOA shall have it's initial meeting no later than
18 months after the recording of this DECLARATION, or such
earlier dateafter the giving of at least 30 days advance
notice of such earlier meeting date. At this initial meeting,
the BOA shall elect officers, adopt a set of By -Laws and
transact such business as may thereafter come before the
meeting. The DEVELOPER shall retain full cont 1 of the BOA
until this initial meeting.
54t.
8.
RFCE,
RECEIVED
MAY 11 z015
�„ L.ikalvyl-AVII"11� 5..1}?tir

The DEVELOPER shall pay all expenses necessary to
operate the HOA until the initial meeting. At the initial
meeting, the HOA shall adopt a budget for the coming fiscal
or calendar ,year which shall enable the HOA to maintain the
common areas, the streets, the rights of way, the security
gate, the ammenities, lighting and landscaping. For the first
12 months of operation after the initial HOA meeting, the
DEVELOPER guarantees that the monthly HOA dues shall not
exceed $45.00 per lot.
30. THIS DECLARATION and its terms and conditions may be
enforced by the DEVELOPER, the HOA or any individual property
owner within the subject property. In addition, the State of
North Carolina has enforcement rights limited specifically to
item # 28 above. Enforcement of this DECLARATION shall
include but not be limited to the right to seek removal or
relocation of any violating structure or portion thereof,
specific performance and/or monetary damages.
31. THIS DECLARATION prohibits noxious or offensive
activity from being carried on upon any property subject to
this DECLARATION, whether or not such activity would
otherwise be a violation of these covenants.
32. Lots 35 through 39, inclusive, have a remote site
sewage disposal system with color -coded conduit piping and
individual septic tanks and individual nitrification fields
located on a portion of the area that is as shown on the
recorded plat as the "Nitrification Field Area". To provide
for the responsible maintenance of the sewage disposal system
for these five (5) lots, THIS DECLARATION grants to the HOA
and the owners of these five (5) lots permanent, non-
exclusive easements over and under the street right-of-way
and/or the utility right-of-way for the installation of
piping and related equipment running from each of these lots
to the the nitrification field area depicted on the map and
over said nitrification field area itself, which shall be
deeded to each lot owner in accordance with the individual
tract designations specified on the insert of the official
subdivision map. THIS DECLARATION also irrevocably appoints
the H.O.A. with full power of attorney to act on behalf of
these five (5) lots in the following manner:
(A) To investigate, regulate and supervise the
planning., installation, maintenance and operation
of all elements of the sewage disposal system from
lots 35 through 39 inclusive along and over the
utility and street rights of way to and including
the nitrification field area as shown on the map
insert as areas 35A through 39A, inclusive, and
{8) To maintain a separate and distinct
identification system (such as color coding) of all
pipes from lots 35 through 39 to the sewage
disposal site at the area which would be knq9n as r,
11
0
��� RECEIVED
F
RECEIVED
MAY X 17015
�d�R+°�aa dun t�itY

the nitrification field area depicted on the map,
and
(C) To maintain a separate and distinct
identification system (such as color coding) for
the individual septic tanks, distribution boxes,
nitrification fields and related equipment, and
(D) To identify and allocate to the respective
lots (35 through 39, inclusive) all expenses
incurred as emergency or planned maintenance,
repair or replacement of any portion of the remote
site sewage disposal system for lots 35 through 39,
inclusive, and
(E) In the event of non-payment of any such
expense allocation, the H.O.A. does hereby have the
authority to levy a special sewage assessment
against said lot or lots for these costs, and to
enforce such levy in the same manner and with the
same: force and effect as other such H.O.A. liens
are provided for herein.
(F) To restrict the nitrification field area
depicted on the map to nitrification field purposes
and uses only and to allow no improvements or
personal property to be constructed, placed or
allowed to remain thereon.
1 33. THIS DECLARATION provides that invalidation of any one
of these covenants or the terms thereof by judgment or court
order shall in no way affect any other provisions which shall
remain in full force and effect.
34. THIS DECLARATION shall continue in full force and
effect until 12:00 noon on January 1, 2010, on which date
they shall automatically extend for an additional period of
twenty-five (25) years. Any termination or modification of
this DECLARATION must be in writing and signed by at least
seventy-five (75%) percent of the then individual property
owners of the land subject to this DECLARATION, and recorded
in the office of the Register of Deeds of Carteret County,
North Carolina, indexed under SOMERSET PLANTATION as grantor.
35. THIS DECLARATION provides that all of the covenants,
restrictions, reservations, easements and privileges
contained herein shall run with the land and the Grantee of
any conveyance of property subject to this DECLARATION
accepts the same subject to this DECLARATION and its terms
and conditions and agrees for himself, his heirs, legal
representatives, assigns and successors to be fully bound by
each and all of the terms and conditions of this DECLARATION,
jointly, separately and severally.
I
MAY 11 2015

IN WITNESS WHEREOF, H. WILLIAM HULL, JR. and wife
MARILYN H. HULL have executed his instrument for the
purposes contained therein this day of July 1988.
r
e I)
William Hull, Jr.
c ) lie .Ji:'.t. hIS Instrument Was pro.
�d recorded in this officee� in
a %JS /T I (seal)
,1 „. at !�1_ 0 clock
el ron Piner Marily H. Hull
p I
BY
Assi"" stant, CeMW
NORTH CAROLINA
CARTERET COUNTY
The undersigned Notary Public of Carteret County, North
Carolina hereby certifies that H. William Hull, Jr. and wife
arilyn H. Hull personally appeared before me on this date
and acknowledged the due execution of the foregoing
instrument. y
WITNESS my hand and notarial seal, this �J—/ day of
1988.
A �•, �%'e" _ Notary Public b
"i,:o�grtission expires:
RECEIVED
MAY 1, 12015
kalkafN!_i�et_!t� CITY

Legal Description
Exhibit A
BEING A PORTION OF LOT NUMBER 51, SOMERSET PLANTATION SUBDIVISION, AS
THE SAME IS SHOWN AND DESCRIBED ON PLAT RECORDED IN MAP BOOK 26, PAGE
61, CARTERET COUNTY REGISTRY, SAID PORTION OF LOT NUMBER 51 BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT, AN IRON PIPE IN THE NORTHWEST CORNER OF LOT
NUMBER 51 OF SOMERSET PLANTATION SUBDIVISION AS THE SAME IS SHOWN AND
DESCRIBED IN MAP BOOK 26, PAGE 61, CARTERET COUNTY REGISTRY, THENCE S
84 40 04 E 57.33 FEET WITH THE NORTHERNMOST LOT LINE OF LOT 51 TO A
POINT, AN IRON PIPE IN THE TERMINUS OF HULL CIRCLE, THENCE S 05 19 56 W
25.0 FEET TO A POINT, AN IRON PIPE IN THE SOUTH RIGHT OF WAY LINE OF
HULL CIRCLE; THENCE S 84 40 04 E 49.80 FEET TO A POINT, AN IRON PIPE IN
THE SOUTH RIGHT OF WAY LINE OF HULL CIRCLE; THENCE S 03 55 48 W 256.85
FEET TO A POINT, AN IRON PIPE IN THE SOUTHEAST CORNER OF LOT 51; THENCE
N 77 1.9 47 W 80.00 FEET TO A POINT; AN IRON PIPE IN THE SOUTHWEST
CORNER OF LOT 51, THENCE N 01 49 08 W 2 73. 68 FEET TO A POINT, THE POINT
OR PLACE OF BEGINNING.`
TOGETHER WITH ALL RIPARIAN RIGHTS APPURTENANT TO THE ABOVE DESCRIBED
REAL PROPERTY.
RECENED
MAY X 1 2015
RCCEIVCD
MAR : 0 7R�
DC.-M-w-1D Cr"
800K 1 a� PAGE /��'