Forman, Seth 73274C

❑ CAMA / 7 DREDGE & FILL No. 73274 A B C D
GENERAL PERMIT Previous permit #
❑New `'Modification ❑Complete Reissue -GiPartial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environmental Quality
and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC
Rules attached.
Applicant Name
Address
City State ZIP
Phone # ( )
E-Mail
Authorized Agent
❑ CW
❑ EW ❑ PTA
Affected
[IOEA
` HHF ElIH
AEC(s):
❑ PWS:
ORW: Yes / no
PNA yes / no
Type of Project/ Activity
Pier (dock) length
Fixed Platform(s)
Floating Platform(s)
Finger pier(s)
Groin length
number
Bulkhead/ Riprap length
avg distance offshore
max distance offshore
Basin, channel
cubic yards
Boat ramp r
Boathouse/ Boatlift
Beach Bulldozing
Other
Shoreline Length
SAV: not sure yes no
Moratorium: n/a yes no
Photos: yes no
Waiver Attached: yes no
A building permit may be required by:
( Note Local Planning Jurisdiction)
Notes/ Special Conditions
Agent or Applicant Printed Name
❑ ES ❑ PTS
❑ UBA ❑ N/A
Signature ** Please read compliance statement on back of permit
Application Fee(s) Check #
Project Location: County
Street Address/ State Road/ Lot #(s)
Subdivision
City
Phone # ( ) _
Adj. Wtr. Body
Closest Maj. Wtr. Body
ZIP
River Basin
(nat /man /unkn)
(Scale: )
+/ See note on back regarding River Basin rules.
'r !1
1 j 3
Permit Officer's Printed Name�'J j
Signature
Issuing Date Expiration Date

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 I) 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:
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 comply with these buffer rules.
Division of Coastal Management Offices
Morehead City Headquarters
400 Commerce Ave
Morehead City, NC 28557
252-808-2808/ I-888-4RCOAST
Fax: [phone]
(Serves: Carteret, Craven, Onslow -
North of New River Inlet- and Pamlico
Counties)
Elizabeth City District
401 S. Griffin St.
Ste. 300
Elizabeth City, NC 27909
252-264-3901
Fax: [phone]
(Serves: Camden, Chowan, Currituck,
Dare, Gates, Pasquotank and Perquimans
Counties)
http://portal.ncdenr.org/web/cm/dcm-home
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)
Revised 7/06/ 17

AGENT AUTHORIZATION FORM FOR PERMIT APPLICATIONS
Name of Property Owner Applying for Permit: Sem � 'RiO&I
Mailing address: _� Lus
Telephone Number: % • ,
f,
I certify that I have authorized (agent/contractor),
to act on my behalf, for the purpose of applying and obtaining all CAMA permits
necessary for the proposed development ofa Ste_
I S-f _e'0s b o � . Q "--+
at my property located at
This certification is valid through _ I - / % o i 9 (date).
(Property Owne'r EInformation)
Si t
Print or Type Name
Title, co. owner or trustee for property
Date
i S-��) -mil a
Telephone Number
Email Address
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ADJACENTMppDMSION OF � GROPER t i COASTAL �G�E�'
OWNER NO11PlCA-n0jMWArM FORM
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ant
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I hereby car* that I own prop" to the above bly WD proms tU Rio an sham on the � ' � dui
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Ihave no objections to proms. � have ob�ec
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of 1V = ' boat �� t uft must
YOU wish to WOO the setback, you � � OPdPOrW ablccfts ate '' Waived un� by me.
WOO---� i do wish to wave ithe 16' sabaok rGgWmmettt.
---- I do not wish to waive the V ssftft requirement,
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Name
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(R"AWAW 2014)

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■ Complete items 1, 2, and 3.
■ Print your name .and address on the reverse
so.that we can. return the card to you.
■, Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
N1,r. C.-e-"- rl-e, �,tz. ; S
YK-0, vk n r
Xf t ❑ Agent
❑ Addre
B. R v y ( nted Name) C. Date of el
D. Is delivery address different from item 17 ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
0 Priority Mail Express@
❑ Adult Signature
� Registered MajiTA1 aiI
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111111
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• Adult Signature Restricted Delivery
❑ Registered Mail Restricted
❑ Certified Mail®
Delivery
9590 9402 3893 8060 0255 90
❑ Certified Mall Restricted Delivery
❑ Return Receipt for
Merchandise
__ _ _ . , __ _ ._ _ - _ — _ _,
O Collect on Delivery
]. Collect on Delivery Restricted Delivery
Signature Confirmation-
mom_ __
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7 017 1450 0001 9377
4037 lestricted Delivery
❑ Signature Confirmation
Restricted Delivery
PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt =
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HANNAH & SETH FORMAN
1050 W. BURTON FARM ROAD
ARLINGTON PLACE
ARAPAHOE, NC
DESCRIPTION
We propose to install a new vinyl seawall. Wall will be 182' long with 2' — 4'
exposure. This includes a 40' long wingback on the right side of the property and
a 32' long wingback on the left side.
We propose to install a new concrete pier. This will consist of a 5' wide x 150'
long walkway connecting to a 13' wide x 20' long platform. This also includes a 5'
wide x 10' long stepdown.
We propose to install a new vinyl retaining wall. Wall will be 144' long with 3' — 4'
exposure. This includes a 10' long wingback on the right side of the property and
a 16' long wingback on the left side.
We propose to construct and install a set of five (5) tread timber steps. Steps will
be constructed using solid 4" x 10" ground contact treated timbers. (There may
be more than one (1) set.)
We propose to install a new boat lift. Lift will sit on piling brackets that will be
mounted to the side of the center boat house pilings.

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7/17/2018
Print Window
Subject: AP dock covenants
From: [e-mail]
To: [e-mail]
Date: Tuesday, July 17, 2018, 2:24:09 PM EDT
see page 8 and 9
Becca Lang
Arlington Place
w 800-967-7639
c 252-599-1903
www.ArlingtonPlace.com
[e-mail]
What's Happening? Check out our BLOG and FACEBOOK page!
AP Fourth Supplemental Declaration.pdf
645.5kB

I�IIpI ill�llllilll�Illll�ill��ll��l�lll�lll�lll�llllll��
Recorded. 06/04/2012Doe ID: 2atT01:51:42 PM
Fee Amt: $58.00 Page i of 23
Pamlico, NC
Lynn H. Lewis Register of Deeds
6K568 Pa163-185
FOURTH SUPPLEMENTAL DECLARATION TO
MASTER DECLARATION OF COVENANTS, CONDITIONS,
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 /1, D
2012, by Burton Farm Development Company, LLC, a North Carolina limited liability company
(the "Declarant"). 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 Creek as more
Particularly described on: that plat of Arlington Place Phase I recorded in Plat Cabinet A at SIide
153, pages 17-20 and 154, images 1-8, Pamlico County Registry; that plat of Mill Creek
Subdivision Phase II re corded in Plat Cabinet A at SIide 164, pages 2 -7, Pamlico County
Registry; and that Amended Final Plat of Mill Creek Subdivision Phase I recorded in Plat
Cabinet A at Slides 172, pages 2-13, Pamlico County Registry, and Declarant furthermore is the
developer of those lots described in that Plat of Mill Creek Subdivision Phase 1 - Lots 62A-62E
recorded in Plat Cabinet A at Slides 163-20 and 164-1 (the above recorded plats are referred to
RETURNED To: �". `sty
DATE RETURNED:�-

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 "First Supplemental"), that Supplemental Declaration of Covenants, Conditions,
Restrictions and Easements for Phase H of Arlington Place recorded in Book 505 at Page 311,
Pamlico County Registry (the "Second Supplemental"), 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
Owners 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 of the Community recorded by or at the
2

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 XI, 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 fiuther 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 Creek
Subdivision Phase II 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 Plan (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 "CAMA Permit") issued to
Declarant for the Arlington Place development and marina facility requires, among other things,
3

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.
I. Declarant desires: (1) to establish conservation zones adjacent to the Neuse River (the
"Neuse 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 Community to use a portion
of the Neuse River Conservation Zone as a pedestrian greenway (the "Meuse Greenway"); and
(3) to establish the right of owners of certain Homesites adjacent to the conservation zones (the
"Waterview Homesites") 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
supplements.
0

J. Declarant further wishes to establish within the Common Elements a trail for use by
Owners in the Community (the "Multi -Use Trail") and to set out herein the uses, restrictions and
conditions for such Multi -Use Trail.
NOW, THEREFORE, pursuant to the requirements of the CAMA Permit 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 easements 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
1. Establishment of the Neuse River Conservation Zone and Neuse Greenway. The
Neuse River Conservation Zone is hereby established along the Neuse River shoreline in Mill
Creek Subdivision Phase I and Phase II, 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 1 and 2
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
5

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
governmental 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 Greenway 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 Greenway for the purposes and
subject to the restrictions and conditions set out hereinafter in this Fourth Supplemental, subject
to the right of Waterview Homesite 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 Mill Creek Subdivision Phase II 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 Greenway are set out hereinafter. This Fourth Supplemental does not confer on any
Owner or other person a right of access or any other rights on, over or under any portion of a
Waterview Homesite within the Neuse River Conservation Zone. Use of the Neuse Greenway
shall be subject to the following restrictions and conditions:
2

i. This right-of-way shall be limited to pedestrian passive
recreational trail purposes such as walking, hiking and running.
ii. Permanent structures shall be prohibited except those structures for
which owners of contiguous Waterview Homesites 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
("POA") 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, mowing or
destruction of vegetation or trees is prohibited, except as done by Declarant in performing its
maintenance responsibilities as provided herein.
vi. Launching or storing boats is prohibited except at locations
designated by Declarant.
vii. No equipment, fences, or other obstructions, whether temporary or
permanent, shall be installed or left in the Neuse Greenway.
viii. Littering is prohibited.
7

ix. No signs shall be placed in the Neuse Greenw 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 Accesswy s. The
right of owners of certain Waterview Homesites to build and use a dock and accessway 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 construction,
development or other activity within the Neuse 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 Iimited to, the CAMA 75-
Foot Estuarine Shoreline Standards and the Neuse 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 dock according to the
following restrictions and conditions.
i. The Waterview Homesites contiguous to the Mill Creek Neuse
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
Homesite, and shall be appurtenant to such Homesite, and further shall include the riparian rights
8

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) feet waterward from the NWL, 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.
A dock shall be elevated a minimum of three (3) feet above NWL
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 %z) 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 River
Conservation Zone.
2. Establishment of the Mill Creek Conservation Zone. The Mill Creek
Conservation Zone is hereby established along the Mill Creek Shoreline in Mill Creek
Subdivision Phase I and Phase II, subject to the restrictions and conditions set out hereinafter.
The Mill Creek Conservation Zone is hereby defined as the area of land located between the
NWL of Mill Creek and a line seventy-five feet (75') from and parallel to the NWL, as more
0

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, CAMA Estuarine Shoreline Standards and Neuse Buffer Rules in addition to any
applicable restrictions and conditions set out hereinafter.
a. No Greenway. No greenway is established in the Mill Creek Conservation
Zone by this Fourth Supplemental, and no right of access to the Mill Creek Conservation 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 Accessways. The
right of owners of certain Waterview Homesites to build a dock and accessway to such dock in
the Mill 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
Homesite from the obligation to obtain necessary approvals for any construction, development or
other activity within the Mill 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 CAMA 75-Foot Estuarine Shoreline Standards and the Neuse
Buffer Rules. Each owner of those certain Waterview Homesites contiguous to the Mill Creek
Conservation Zone, which are identified in the following subsection c., shall have the right, upon
10

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 Homesites 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
accessway 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:
Only 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 wetland vegetation which borders the water body. A Kayak Dock
may have a perpendicular launch platform at the waterward end that shall not exceed 20 feet in
total length and 3 feet in width. Where coastal wetlands are present, no part of the dock shall
extend past the waterward edge of such wetlands.
11

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 1/2 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.
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 shall not exceed six (b) 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 NWL 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.
iii. Mooring pilings shall be 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 governmental regulations and compatible with other docks and
structures in the Mill Creek Conservation Zone.
12

I
f. 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
further 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 North Carolina.
3. Requirements for Accessways to Docks in the Neuse River and Mill 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 50-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 (6) 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 impervious surfaces are prohibited.
d. Accessways may have handrails as required by applicable building codes
or otherwise necessary for safety reasons.
13

C. Accessways shall be designed to allow or facilitate, where necessary,
pedestrian access through the Neuse 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
governmental regulations and compatible with other accessways and structures in the
Mill Creek Conservation Zone.
4. Setback from Pmperty Lines Required for all Structures. Any accessway
structure in the Neuse River Conservation Zone or the Mill Creek Conservation Zone shall be
located no less than fifteen (15) feet from the extension of the side property lines of the
contiguous Waterview Homesite to which the structure is to be appurtenant.
5. Approval Procedure. An Owner of a Waterview Homesite 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 Declarant's commitment to grant the owner an easement that includes
riparian 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 shall grant the requested easement to the Owner for recordation. Declarant may assign its
14

Tights 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 Applicable. These standards and conditions for docks and
accessways in the Neuse 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. Maintenance Responsibilities for Greenway. The Declarant shall maintain the
Neuse Greenway in a condition suitable for the uses described herein, as such uses may vary in
each area of the Greenway, consistent with 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.
8. Maintenance Responsibilities for Docks and Accessways. The Owner 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
15

and/or repair at the expense of the Owner. Declarant may assign the right to perform such
maintenance to the POA.
9. Declarant's Right to Further Restrict. The Declarant shall have the right to finther
regulate 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 constructing a trail (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 Multi -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 structures within it are described on Exhibit D, Sheets 1-10 attached hereto and
incorporated herein. Declarant reserves the right to modify the location of the Multi -Use Trail
and structures pursuant to authority under the Master Declaration and upon obtaining any
16

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 through the use of signs, gates or other
means. Declarant may assign this obligation to the POA 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 impediments 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
with all applicable governmental requirements, including the Americans with Disabilities Act.
17

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 specific uses
listed above) which it determines 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.
ii. 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.
Destruction of natural features and cutting, removing, mowing or
destruction of vegetation or trees are prohibited.
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.
18

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 and/or 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
to the benefit of the owners of property within the Community, their heirs, or successors and
assigns.
19

15. Severability. Invalidity or unenforceability of any provision of the Master
Declaration in whole or in part shall not affect 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 law 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 XU 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 violations, 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.)
W

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 limited liability company
BY: BODDIE-NOELL ENTERPRISES, INC.
A Member acting on behalf of the Management Committee
of Burton Farm Development Company, LLC
By:-sa 6 {SEAL)
-"-Dols
E. Anderson, Exec. Vice President
STATE OF NORTH CAROLINA
COUNTY OF C rczwi -e.
I, Dorlr'ya- JA. Ii G��,o Lc�5 allotary 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 Farm
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 i day of J t , 2012.
Notary Public
My Commission expires: _� I t I I'A o I -7
DONNA H REYNOLDS 21
NOTARY PUBLIC
GREENS COUNTY, NC

BB&T Collateral Service Corporation and Branch Banking and Trust Company, a"s trustee and
beneficiary under Deeds , of Trust encumbering the property described in this Fourth
Supplemental, said Deeds of Trust being recorded in the Pamlico County Registry at Book 479,
Page 116, Book 479, Page 124, Book 499, Page 1 (re -recorded in Book 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 Trust to the Master Declaration and this Fourth Supplemental.
TRUSTEE:
BB&T COLLATERAL SERVICE CORPORATION
By: Jgft iu A'w (SEAL)
Name: � , td. fi�v"s
Title: VP
BENEFICIARY:
BRANCH BANKING AND TRUST COMPANY
By: � (SEAL)
Nam .r-
Title: S e n', v,-
ia—
STATE OF NO TH CAROLINA
COUNTY OF
I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily lig,nned� the foregoing docu/ ent for the purpose stated therein and in the capacity
indicated: JP�%p.;�1,.� tlTIPhn�i the \T of RRkT1"nT.T.ATFRAT
Date: �0, 2012
Official Signature of Notary: ��°'l `S TEN�;��i�
Notary's Printed or Typed Name: 1AM J `r V \ Ce , Notary Public
NOTARY
My Commission Expires: L� 29 i �j PUBLIC
(Official Seal) c0 ,G`
���Illiittt��
22

STATE OF NORTH,CAROLINA
COUNTY OF
I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she oluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: a M Fro the A;�rViCe Q(e of BRANCH BANKING AND
TRUST COMPANY a North Carolina Corporation.
Date: 30 2012
Official Signature of Notary:
Notary's Printed or Typed Name: �i/y� � S e/� \ C e-,` , Notary Public
My Commission Expires:i O F 3
(Official Seal)
23
r
0 S
`IT
E*c�` f
NOTARY —
PUBLIC
t111

00866
RETURNED TO: -k6mr
DATE RETURNED: t D -(� A
Doc ID: 002566320010 Type: CRP
Recorded: 10/17/2018 at 01:36:18 PM
Fee Amt: $26.00 Page 1 of 10
Pamlico, NC
Lynn H. Lewis Register of Deeds
BK641 PG866-875
Prepared by/Return to: Sara L. Delamar, PO Box 411, Bayboro, NC 28515
STATE OF NORTH CAROiLINA
COUNTY OF PAMLICO
EASEMENT AGREEMENT
(Mill Creek Phase II —Neese River)
THIS EASEMENT AGREEMENT, hereinafter referred to as the "Agreement", made and
entered into this the�'�ay of D c�PC � 2018, by and between BURTON FARM
DEVELOPMENT COMPANY, LLC, a North Carolina limited liability company, ("Grantor") and Seth
Forman and wife Hannah Forman, ("Grantee"). All references herein to Grantor and Grantee
shall include the named parties and their heirs, or successors, and assigns, and the singular shall
include the plural number and the masculine the feminine or neuter gender, all as applicable.
W I T N E S S E T H:
WHEREAS, Grantee is the owner of Lot No. 304, Mill Creek Subdivision, Phase 11, of that
Planned Development known as Arlington Place as shown on that certain plat or map entitled
"Final Plat, 1 of 6, Mill Creek Subdivision," Phase II, Township 5, Minnesott Beach, Pamlico
County, North Carolina", prepared by Herbert J. Nobles, Jr., Professional Land Surveyor, dated
August 30, 2007 and duly recorded in Plat Cabinet A, Slide 164 Pages 2 through 7, of the Public
Register of Pamlico County, North Carolina. ("Grantee's Lot"); and

tl:.
WHEREAS, Grantor is the owner of the strip of property hereinafter described as the
Easement Area, which lies between the boundary of Grantee's Lot and the normal water level of
the Neuse River and is part of a conservation zone established by Grantor, and
WHEREAS, Grantee desires to construct and use a dock and retaining wall on the Neuse
River and an access way to such dock, and Grantor desires to grant to Grantee (i) an easement
across the Easement Area to the Neuse River for such construction and use and (ii) limited
riparian rights in the Easement Area so that Grantee may obtain an easement for state-owned
lands covered by navigable waters to construct the dock and retaining wall.
NOW, THEREFORE, the Grantor hereby grants to Grantee a perpetual, appurtenant
easement for the purposes hereinafter stated (the "Easement") over and upon the strip of
property lying between the boundary of Grantee's Lot and the normal water level of the Neuse
River, the same being in Number Five Township, Pamlico County, North Carolina, and more
particularly described as follows (the "Easement Area"):
BEING that area bounded by (i) the rear (waterfront) property line of Grantee's
Lot, which line runs more or less parallel to the normal water level of the Neuse
River, (ii) the normal water level of the Neuse River, and (iii) the riparian
projection lines extending from the rear corners at the side lines of Grantee's Lot
to the normal water level of the Neuse River as shown on the plat of Grantee's
Lot attached hereto as Exhibit A and incorporated herein by reference.
1. The Easement is appurtenant to and runs with the Grantee's Lot.
2. Grantee is hereby granted the non-exclusive perpetual right and easement of
ingress and regress over and upon the Easement Area so that Grantee shall have access from
Grantee's Lot to the Neuse River for the purpose of constructing and using a retaining wall and
dock over the State-owned lands covered by the navigable waters of the Neuse River and an
2

1i'
accessway to the dock over the Easement Area, and includes Grantor's riparian rights as
necessary for those purposes.
3. The rights granted hereby shall be limited to the rights to construct, maintain,
repair and replace the dock and accessway in compliance with, and in a design and at a location
approved by Grantor according to, the Master Declaration of Covenants, Conditions, Restrictions
and Easements for Arlington Place recorded at Book 481, Page 375, Pamlico County Registry as
amended and supplemented (the "Master Declaration") and any regulations and restrictions duly
adopted pursuant to the Master Declaration.
4. Grantee shall not exercise any rights granted by this Easement in any areas outside
the Easement Area without first obtaining a modification of this Easement.
5. The exercise of rights under the Easement shall be contingent upon Grantee
obtaining all necessary permits and authorizations and complying with all applicable federal,
state, municipal and other laws, codes, ordinances, rules and regulations applicable to the
Easement. Grantee shall not make or permit any unlawful use of the Easement or the Easement
Area.
&. The Grantee shall at all times maintain the retaining wall and dock and accessway
constructed pursuant to this Easement in a good condition and state of repair. In the event
Grantee fails to maintain or repair the retaining wall, dock or accessway, the Declarant may, after
providing notice and complying with applicable procedures specified in the Master Declaration,
go upon the Easement Area and perform such maintenance and/or repair or remove the
retaining wall, dock or accessway, all at the expense of Grantee.
K3

7. In no event shall the dock or accessway be located closer than fifteen (15) feet to
the side lines, i.e. the riparian projection lines, of the Easement Area extending to the normal
water line as shown on Exhibit A.
S. Nothing contained in this Agreement shall be construed to prohibit Grantor from
granting other persons rights of use in the Easement Area provided such use is not inconsistent
with the rights and uses granted to Grantee hereunder.
9. Grantor and Grantee agree that if Grantee shall fail to comply with the
conditions and requirements hereof and shall fail to cure such noncompliance within 60 days
after written notice from Grantor, Grantor may declare this Agreement and the Easement
granted hereby revoked and terminated.
10. Upon each transfer of Grantee's Lot subsequent to the date of this Agreement,
the grantor party shall give Grantee written notification of such transfer of title by certified mail
at the above address. Such notification shall include:
(1) A copy of the title transfer document
(2) The name(s) of the subsequent owner(s) of the Grantee's Lot
(3) The mailing address(es) of such subsequent owner(s)
11. All notices herein provided to be given, or which may be given, by either party to
the other, shall be deemed to have been fully given when made in writing and deposited in the
United States mail, certified and postage prepaid and addressed as follows:
4

008'70
Grantor: Burton Farm Development Company, LLC
c/o Boddie-Noell Enterprises, Inc.
P. 0. Box 1908
Rocky Mount, NC 27802
Attention:
Grantee: Seth B. Forman and Hannah Forman
16225 Villarreal De Avila
Tampa, FL 3361
Nothing herein contained shall preclude the giving of such notice by personal service.
The address to which notices shall be mailed as aforesaid to either party may be changed by
written notice
12. This Agreement shall become effective only upon recordation in the Office of
Register of Deeds for Pamlico County. Grantee shall mail a copy of the recorded Easement to
Grantor at the address set forth in Paragraph 11,
13. Failure by Grantor to require strict compliance with any term or condition of this
Agreement shall not be construed as a waiver of Grantor's right to enforce compliance with
such term or condition or any other term or condition contained herein.
14. Grantee, by acceptance of this Agreement, agrees to comply with and be bound
by all terms and conditions set forth herein.
IN TESTIMONY WHEREOF, Grantor and Grantee have caused this instrument to be
executed in the manner required by law.
W1

00871.
BURTON FARM DEVELOPMENT COMPANY, LLC
BY: BODDIE-NOELL ENTERPRISES, INC., a Member acting on behalf of the Management
Committee of Burton Farm Development Company, LLC
BY: XVE.derson,
(SEAL)
DouglasExecutivsident
NORTH CAROLINA
iPNKL:Y-to COUNTY
I, 1�'��n Notary Public of said County, do hereby certify that
Douglas E. Anderson, personally came before me this day and acknowledged that he is
Executive Vice -President of Boddie -Noel[ Enterprises, Inc., a Member acting on behalf of the
Management Committee of Burton Farm Development Company, LLC, a North Carolina Limited
Liability Company, and that he, as Executive Vice -President, being authorized to do so,
acknowledged, on behalf Boddie -Noel) Enterprises, Inc., a Member acting on behalf of the
Management Committee of Burton Farm Development Company, LLC, the due execution of the
foregoing instrument.
Witness my hand and official seal, this the 6 day ofyOe. 2018.
Q.
Nota y Public Signature
Notary
AAM 80nVyySS1'Dh "'Pl vs
-V� a-loao
n

00872
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 limited liability company
BY: BODDIE-NOELL ENTERPRISES, INC.
A Member acting on behalf of the Management
Committee
of Burton Farm Development Company, LLC
By: �(SE'ALj
Dougl 19. Anderson, Exec. Vice President
STATE OF NORTH CAROLINA
COUNTY OF --A ML..7—L0
, -Pe-s��ao 01co nh&M 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 -Noel) Enterprises, Inc., a North
Carolina corporation, a Member acting on behalf of the Management Committee of Burton Farm
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 -Now
Enterprises, Inc., acting on behalf of the Management Committee of Burton Farm
Company, LLC.
Witness my hand and official seal, this a?,(p day of Jul 2018.
7
/'/'y (0MM Isrt�N
3' ` fZ -?r"ZO
0.�
pP
tea':
r
E)<f,{'I-Er-
A

00873
Notary Public
My Commission expires: _ 2 Q ' a Lac-,()

00874
GRANTEE:
="'AQ
Seth B. Forman
Aa� T A" 26�� (SEAL)
Han Forman
STATE OF FLORIDA
COUNTY OF ' i t7t. 6�U1r
1"t a Notary Public for said County and State, do hereby certify
that Seth B. Forman and wife Hannah Forman personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this the _
.. •'•'tf ; MARTINEZ
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ray COMMISSION v FF930M
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EXPIRES .'lobar 26.2019
(Official S•" "
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Printed Name
My Commission Expires:
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