83-17 TX Pinnacle East Condominiums Association

Permit Class
TRANSFER/RENEWAL
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
83-17
Issued to Pinnacle East Condominiums Association Inc., PO Box 1079, Morehead City, NC 28557
Authorizing development in Carteret County at adi. to Money Island Slough at 431 East Fort
Macon Road, in Atlantic Beach , as requested in the permittee's application dated 4/19/17, including attached
workplan drawings (6) all dated 4/18/17.
This permit, issued on October 5, 2020 is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
tf these terms may be subject to tines, imprisonment or civil action; or may cause rite permit to oe nutt ano vola.
Upland Development
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the development of the above referenced property, including the 12-unit
multi -family structure with associated infrastructure, pool with bathhouse, and parking, all as
expressly and specifically set forth in the attached permit application and workplan drawings.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2022
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Pinnacle East Condominiums Association Inc. Permit No. 83-17
Page 2 of 3
ADDITIONAL CONDITIONS
Docking Facility
2) This permit authorizes only the removal of existing structure and reconfiguration associated with slip
No. 13, boatlift, and uses located in or over the water that are expressly and specifically set forth in the
permit application. No other structure, whether floating or stationary, shall become a permanent part of
this marina/docking facility without permit modification. No non -water dependent uses of structures
shall be conducted on, in or over Public Trust waters without permit modification.
3) This permit does not authorize any additional formalized boat slips.
4) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
Easement
7) An Easement from the Department of Administration's State Property Office may be required under
N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of
construction of any structures over state-owned submerged lands to determine if such an easement will
be required. Any required easements shall be obtained, and a copy provided to the Division of Coastal
Management, prior to the construction of any new boat slips or other docking facilities authorized under
this permit.
Stormwater
8) The Division of Water Resources is currently reviewing the permit application to determine if the
project is in compliance with North Carolina's Water Quality Certification program. The permittee shall
receive a Water Quality Certification from DWR prior to the initiation of any construction activities.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Energy, Mineral, and Land Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.

Pinnacle East Condominiums Association Inc. Permit No. 83-17
Page 3 of 3
ADDITIONAL CONDITIONS
General
9) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2007-00211).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 3900 and assigned the project DWR Project No. 2007-0015 V2.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high-water level.
NOTE: A permit Renewal/Transfer application processing fee of $200 was received by DCM for this
project.

DCMCoordinator: ��tilt Permit#:
� �1 / L / MAILING DISTRIBUTION SHEET
Permittee: Yr.4nrctl! �G'Sr ��ec4
Agents: 1'icc� nLB[+rKn ��(� YII', 5crF�__
g—� �b`� /vwvfe
DCM Field Offices (r�`�(S N
Elizabeth City ./_ Washington (with revised work plan rags
Morehead City Wilmington (OBJECTIONS
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Berrie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at [e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARD)
Jimmy Harrison
/c( Fore
C- 7716If
Washington: Anthony Scarbraugh-401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Berrie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Robb Mairs — 401 (Brunswick, New Hanover)
AWley Snider — 401 (Carteret, Onslow, Pender)
Christine Hall - Stotgtwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
LPO:
Maria Dunn (WARD)
Rodney Butler
(NCDOT) Travis Wilson

Cannon, Amanda J
From: Robert H Jackson <[e-mail]>
Sent: Friday, September 25, 2020 9:09 AM
To: Cannon, Amanda J
Cc: Bodnar, Gregg
Subject: [External] Pinnacle CAMA Major 83-17
Attachments: DCM 8317.pdf, Pinnacle East Articles -Updated Agent-Address.pdf Pinnacle East
Articles -Secretary State.pdf, Pinnacle Covenants-3-2019.pdf
Amanda:
Thanks again for calling me back Monday and walking me through the
process for the Transfer and Renewal of the CAMA Major 83-17.
1. The Project is a NC Condominium Project, so legally the common
areas (which is everything except the condo units themselves as they
say ''drywall to the interior of the units) are real property belonging to
the Condo Association. Therefore, The Developer/Declarant would
like to formally Transfer the active Permit 83-17 to the Association.
2. Please Transfer Permit to: Pinnacle East Condominiums
Association, Inc, % Tom Youngblood, P.O. Box 1079 Morehead
City, NC 28557
3. Please renew Permit for maximum period of time allowed, 3 years?
5 years?
4. I am attaching the recorded legal evidence of the Association
formation, the Association Covenants which Deed the common areas
and the riparian development to the Association, and the existing
Permit.
Amanda as we discussed Monday, we have had a Member of J&B East
(current permit owner) pass away about 45 days ago so we REALLY
1

could use some help to close out his estate and affairs by 10-15-20 when
we have arranged for this transfer/renewal to the Association.
We remitted a check as requested to DCM for this transfer and renewal on
Tuesday so you should have it in your account/office etc? Please confirm.
Best regards,
Robert
Robert H Jackson
919-291-8721, mobile
z

ON MP-1
APPLICATION for
Major Development Permit
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant Landowner Information
Business Name
J & B East Properties, LLC
Project Name (if applicable)
The Pinnacle
Applicant 1: First Name
Max
MI
O.
Last Name
Barbour
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
97397
City
Raleigh
State
NC
ZIP
27624
Country
Phone No.
919 - 847 -4239 ext.
FAX No.
- -
Street Address (if different from above)
8504 Towneley Place
City
Raleigh
State
�NC
IP
T276115
Email
2. AgentContractor Information
Business Name
Stroud Engineering, P.A.
Agent/ Contractor 1: First Name
MI
Last Name
Ginger
Y
Tumer
Agentl Contractor 2: First Name
M I
Last Name
Mailing Address
PO Box
City
State
107 B Commerce Street
Greenville
�NC
ZIP
Phone No. 1
Phone No.
2
27858
252 - 756
-9352 ext.233
ext.
FAX No.
Contractor #
252-756-2345
Street Address (d different from above)
City
State
ZIP
Email
RECEIVED
[e-mail]
<Form continues on back>
APR 2 6 2017
DCM- MHD CITY
252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Carteret
431 Fort Macon Road
NC Hwy 58
Subdivision Name
City
State
Zip
N/A
Atlantic Beach
NC
28512
Phone No.
Lot No.(s) lif many, attach additional page with list)
- - ext.
I I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oak
Money Island Creek
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
Watural ❑Manmade ❑Unknown
Bogue Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
Wes []No
work falls within.
Atlantic Beach
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
approximately 393'
1.279 AC
c. Size of individual lot(s) N/A
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
4'-5- HNHW or ❑NWL
e. Vegetation on tract
Coastal vegetation below MHW, volunteer grass over rest of the site
f. Man-made features and uses now on tract
13 slip marina and bulkhead
g. Identify and describe the existing land uses adiacent to the proposed project site.
Residential and boat storage with marina
h. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable)
RS
Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes l kNo
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes (kNo ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes RNo ❑NA
National Register listed or eligible property?
<Form continues on next page>
APR 2 6 2017
rt.r 9 CITY
252-808.2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net

, . Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site?
(ii) Are there coastal wetlands on the site?
[]No
($Yes []NO
(III) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes []No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Sanitary sewer disposal provided by Carteret County Environmental Health approved
on -site septic systems
o. Describe existing drinking water supply source.
Town of Atlantic Beach public water
p. Describe existing storm water management or treatment systems.
Existing site treated via sheet flow, no other existing measures
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment
XPrivate/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Project includes the construction of a 12-unit condominium structure with a pool and bathhouse and parking
to accommodate the required parking. There are 13 existing boat slips of which 12 are lifts, constructed
under the original CAMA Major #41-07
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Excavator to undercut the septic areas and fill brought to the site as noted on CCEH construction
authorizations for each system, pile driving equipment for the building foundation
d. List all development activities you propose.
12-unit multi -family condominium building, pool with bath house, drive to parking located beneath the
proposed building, sidewalks, domestic and fire sprinkler water services and on -site septic systems.
e. Are the proposed activities maintenance of an existing project, new work, or both?
New work on existing mobile home park
f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or Acres
1.07
g. Will the proposed project encroach on any public easement, public accessway or other area []Yes RNo ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Runoff from the building and driveway to be collected and piped to an infiltration trench system, where
the runoff will be infilrated. Runoff in excess of the design volume will bypass the system and discharge
via flow spreader and vegetated filter
I. Will wastewater or stormwater be discharged into a wetland? ❑Yes *o ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA
j. Is there any mitigation proposed? []Yes RNo ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
RECEIVED
APR 2 6 2017
252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanarUW11A nMHD IrITY

Form, DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant daims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Becky House Phone No.
Address 3915 Alamede Street, Durham, NC 27704 919-682-7102
Name MCBCJJ, LLC Phone No.
Address P.O. Drawer 370, Atlantic Beach, NC 28512 252-726-2055
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
Stormwater Permit - SW8 061003 (11/3/2006) CAMA Permit - #41-07 (3/20/2007); Carteret Co. Environmental Heat
Construction Authorizations (4f7/2015); Erosion 8 Sedimentation Control Permit - #2007-148 (2007)
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) K
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditu
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. *
1 7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further a lfy that the information provided in this application is truthful to the best of my knowledge.
Date q 7 Print Name Ginger Y. Turner, PE - Agent, Stroud Engineering, PA
Signature �-
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
)4DCM MP-3 Upland Development RECEIVED
®DCM MP-4 Structures Information
APR 2 6 2017
1]CM- MHD CITY
252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net

Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed.
Single building with 12 units, pool with bathhouse
parking, walks, infiltration trench BMP
c. Density (give the number of residential units and the units per
acre).
9.38 units per acre
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
®Yes []No ❑NA
(ii) If yes, list the date submitted: 1.07 acre
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
1.07 acres
f. List the materials (such as mad, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
Concrete curb, pervious concrete drive and parking,
concrete parking lot under building
g. Give the percentage of the tract within the coastal shoreline AEC to h.
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
Pre -developed: 7,284 sf (31.2%)
most -development: 6,850 sf (28.4% with 50% pervious credit)
I. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
32.41% (with 50% pervious credit)
j. Describe proposed method of sewage disposal.
Sanitary sewage disposal provided by on -site
septic systems
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, "wash down" and residential discharges).
Runoff from the buildings and other impervious
areas to be collected and treated via infiltration trench
Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
®Yes ❑No ❑NA
(ii) If yes, list the date submitted:
applying for a modification to SW8 061003
k. Have the facilities described in Item (i) received state or local
approval?
®Yes ❑No ❑NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
RECEIVED
APR 2 6 2017
DCM- MHD CITY
252-808-28082 :: 1-888-4RCOAST :: www.necoastalmanaaement.net revised: 12/26106

Form DCM MP-3 (Upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Town of Atlantic Beach public water
o. When was the lot(s) platted and recorded?
n/a
qlMl(�
Date
The Pinnacle
Project Name
Y. Turner, PE - Agent, Stroud Engineering, PA
Ai nt Name
Applicant Sig re
n. (1) Will water be impounded? ❑Yes ®No []NA
(it) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
❑Yes ❑No ®NA
RECEIVED
APR 2 6 2017
DCM- MHD CITY
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
®Commercial ❑Public/Govemment ❑Private/Community
El This section not applicable
b. (i) Will the facility be open to the general public?
[]Yes ®No
c. (i) Dock(s) and/or pier(s)
d. (i) Are Finger Piers included? ®Yes []No
(it) Number 2-existing
If yes:
(III) Length 109% 77'
(ii) Number 7-existing; 1-proposed
(iv) Width 6'
(iii) Length 24.25'; 36'
(v) Floating ®Yes ❑No
(iv) Width 2_5'
(v) Floating ®Yes []No
e. (i) Are PlaOorms included? ❑Yes ®No
f. (i) Are Boatlifts included? ®Yes []No
If yes:
If yes:
(ii) Number _
(ii) Number 12-existing; 1-proposed
(III) Length
(iii) Length 12'
(iv) Width
(iv) Width 12'
(v) Floating ❑Yes []No
Note: Roofed areas are calculated from ddpfine dimensions.
g. (i) Number of slips proposed
h. Check all the types of services to be provided.
13
❑ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
_j2J1 damaged and requesting to be rebuilt)
❑ Dockage, fuel, and marine supplies
® Dockage (Wet slips") only, number of slips: 13
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
I. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
®Open water; no dredging required
❑Other; please describe:
k. Typical boat length: 18'-40'
m. (i) Will the facility have tie pilings?
[]Yes ®No
(ii) If yes number of tie pilings?
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
mixed types, recreation use
I. (1) Will the facility be open to the general public?
[]Yes ®No
RECEIVED
APR 2 6 2017
DCM- MHD CITY
252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06

'Fo.rm PCM MP-4 (structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS pThis section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project. n/a
❑ Office Toilets
❑ Toilets for patrons; Number: ; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
C. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (I) Give the locaton and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
RECEIVED
APR 2 6 2017
E)SA4 MIAD CITY
252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmanaaement.net revised: 12127/06

Form OCM MP-4 (structures, Page 3 of 4)
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes []No
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes []No
o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Govemmenl ❑Private/Community
(it) Number
(if) Length
(iv) Width
Note: Rooted areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) 0This section not applicable
a. (1) Number
(it) Length
(iii) Width
& BREAKWATER (e.g., wood, sheetpile, etc.) g]This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
B. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structure(s):
❑Commercial ❑PubliGGovemment ❑Private/Community
C. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, N present.
e. Arc of the swing
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
APR 2 6 2017
D M MHO
/ ITV
252-808-2808 :: 1.888.4RCOAST :: www.necoastaimanagement.net revised: 12127106

Form DCM MP-4 (Structures, Page 4 of 4)
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
0'
Note: For buoy or mooring piling, use arc of swing including length
ofvessel.
C. Width of water body
133'
e. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
b. Proximityof structure(s) to adjacent docking facilities.
19,
d. Water de th at waterward end of structure at NLW or NWL
-4.0 NM
& OTHER El This section not applicable
a. Give complete description:
Reconstruct slip #13 outside the riparian setback and replace with floating dock and boat lift.
gIfg1C7
Date
The Pinnacle
Project Name
Ginger Y. Turner, PE - Agent, Stroud Engineering, PA
App ant Name L� a
Applicant Signature
RECEIVED
APR 2 6 7017
_Y
252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net revised: 12127106

District: Morehead City
NC Division of Coastal Management
CAMA Major Permit Renewal Request
Major Permit Staff: Gregg Bodnar
Name:ant e? �� ���� Request Date:Lag
1`���(' '.A0 E&} Received in Office:
Project ` o 400minumS N5-3DL•
Address: � � 1 v icYkSu t k
Street Address Ciry Z/P Cale
CAMA Permit
No.: Permit Expiration Date: Payment $ QQ M cb
District Manager/Field Rep Approve? (Initial
YES NO
Appropriate Box) p ❑
DWR
Project No: 1{^pW-�jQ� \(a
If Yes,
Has substantial YES NO Explain
development occurred? ❑ ❑ .
Recommend to Renewt
If Not Approved,
provide Justification:
Staff
Signature:
YES NO
❑ ❑
USACE Action
ID No.: S��'�7���\\
Date:
ate oc\ ow'\Y �5��

NC Division of Coastal Management
Cashier's Official Receipt
13797 A �D
Date: (-� 20
Received From: $
Per
mit No.: -7/1
00J "1"a Check No.:
Applicant's Name: `� izs County:
Project Address:
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: Date:
Signature of Field Representative Date:

SOSID: 1774362
Date Filed: 8/28/2020 8:10:00 AM
Elaine F. Marshall
North Carolina Secretary of State
C2020 209 00335
STATE OF NORTH CAROLINA
DEPARTMENT OF THE SECRETARY OF STATL
STATEMENT OF CHANGE OF REGISTER]
OFFICE AND/OR REGISTERED AGENT
Pursuant to §55D-31 of the General Statutes of Ninth Carolina, the undersigned utility submits the following for tbo purpose of
changing its registered office and/or registered agent in the State of North Carolinn.
Tile name of the entity is;
INFORMATION CURRENTLY ON FTI.P,
Pinnacle East Condomin ums Association, Inc.
The street address and county of tile entity's registered office currently on file Is:
Number and Street 8508 TOWneley Place
chy: Raleigh State: NQ zip code: 27615 County: Wake
Tile mailing address 1f different /]roar ilia sh•aal address of the registered office currently on file Is;
Number and Street:
City, State: IBC Zip Code:
The name of the current registered agent is; Max 0. Barbour
NEWINFORM
I. The street address and county of the new registered office of the entity Is;
(eomplele flits llem only (fIhe address of ilia registered office Is being challged)
Number and Street: 1006 Arendell Street
City: Morehead City
State: NC Zip Codo; 28557
2. The mailing address I•djfferanfp•om Ilia sbaot address of the new registered office is;
(complete Iliis Item only (/Ilia address of Ilia registered gjpoe is being changed)
Number and Street: P. 0. Box 1079
City: Morehead City
State: _Q zip Code, 28557
County;
County, Carteret
County: Carteret
3. Tito name of the new registered agent and the new ngenl's consent to appointment appearsbel w: l
(conrplele flits Ifeor only Ufhe some of the registered agent Is being chin q
Tom Youngblood, Jr. 14>7
Type a Prir! Name ojNervAgeul ° rgnalure & 7Y!!e
4. The address of the entity's registered office and the address of lire business offs o of its registered ngent, as changed,
will be identical,
5. This statement will be effective upon filing, unless a date nodlor time Isspecifled: I
This is the day of G 'US , 2020 171 mod � R S� Condc%blm kiyml� Assoc tw't tin
Gsn antis -
V^ V
y-1 sfgi a! ra
�7aIlIRt 4 l�✓}Gy�lNl ,%(t �YQSICM�n{
Notesi Filing fee IsS5,00,Thisdocumentnruifbeflied withthescerclmyorsfnln. Type orPrint Name and 7Ylle
* [)island of slgahrg here, Ilia Italy registered ogenrumy sign a separnlo (rrtttcit cement to Ilia nppehrtnreal, which most be attached to flits statement,
BUSINESS REGISTRATION DIVISION P. 0. BOX 29622 RALBIGIT, NC 27626-0622
Rovisod luly 20I7 Form BE-06

SOSID: 1774362
r Date Filed: 11/21/2018 8:21:00 AM
Elaine F. Marshall
State of North Carolina North Carolina Secretary of State
..Depaith":ofthe; SeeretaiyofState' : C2018 313 00398
AR1CICLE$ OF 1N90R 01LATION
NONPROFIT C014PORATIONI
Pursuant io §55A-2.62 of ft General Statutes otlibab Cuollna, the undersigned corporation does hereby subrall-thme-Articles of
Incorporation for the purpose offorming a nonprofit corporation.
1. The name of the nonprofit corporation is: Plnnacte East Condo1111nIun1S'Assodadon, Inc.
2.0 (Check only if applicable.) The corporation is a charitable or religious corporation as defined in.NCGS.
§SSA 1-40(4)•
-Max .0.. Barbour
3. The name of the initial'regiatered ag6dt Is: `
4. - .Tbe street-addrassaod county of the initial registered agent's oflice.of the corporation is: ... _ .,
NumberandSucet;_8508 Towneley Place
Raleigh State ZI bode: 27614 Conn Wake
The mailing address fdUfererrtfrom the street address of the Initial registered agent's office is:
Numbs rend Street or }K1 Box: ;
air.: State:.:_ ...NC, Zip Code:- County {.,. .
S. The name and address.of each incorpRrmo is as.follows;
Nema..
William H. Kroll 9208 Falls of Neuse Road, Salta 201. Rellogh, NC 27615
6. (Check either "a" or "b" below.)
-a�✓ I he'co79mtion will havo members:
_, . •,i .:., Ii L Jlhe odip6ralion will'not Iieve tadmbets
7. Attached are provisions regarding the distribution ofthe corporation's assets upon its dissolution.
S. Any other provisions which the corporation elects to include are attached
Purpose' Condoi} inium'Owrieis' Association "
BUSINESS REGISTRATION DIVISION P.0.BOX 29622 RALEIGH.NC2762"522
(RevlaedApgasr, 2017)... .. .. _ Pan, N-01.

9.
10.
The street address and county of the principal office of the corporation is:
Principal Office Telephone Number:919-847-4239
Number and Street: 8508 Towneley Place
City: Raleigh State: NC Zip Code: 27615
N
County: Wake
The mailing address if dfferent from the street address of the principal office is:
Number and Street or PO Box: P.O. Box 97397
City 27624 Raleigh State: NC Zip Code; County; Wake
;O tlonol : Listing, of Officers See it
For why this is important)
Name
Address
Title
11. • (Optional): Please provide a business
The Secretary of State's Office will
when a document is filed. The e-mu
on why this service is being offered,
e-mail addressPrivacy Redaction
e-mail the business automatically at the address provided at no charge
it provided will not be viewable on the websitc For more information
please see the instructions far this document.
12. These articles will be effective upon tiling, unless a future time and/or date is specified:
This is the8th day orNovember 2018
Incorporator Business Entity Name
Signature
WAiatn�, r'vbllKrbll
7)ne or print htcorporator's name and title, ifany
NOTES:
I. Filing fee is S60. This document must be tiled with the Secretory of State.
BUSINESS REGISTRATION DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
(Revised Augrat, 20/71 palm N-01

fIE 1t 191315
FOR REGISIRRIION REGISIER Vt [REDS
Baran 5 H.Idevl,
Car(ere' Cn,mty. NC
March 19: 2019 11:57 43 qM
BWC DECL 36 P
FEE $HO Do
FILE 4 1632315
/Prepared By: M. Douglas Gaines, Berwick. Golno, W ickinr & MeeU, PLLC, 911 Are.d list.. Morehead City, NC 28557
Return To: M. Douglas Gaines, Berwick, Gaines, Wlekizer & Meeks, PLLC, 911 Arendell St., Morehead City, NC 29557
NORTH CAROLINA
CARTERET COUNTY
DECLARATION OF CONDOMINIUM
PINNACLE EAST CONDOMINIUMS
THIS DECLARATION, made this L day of 1jbftjQ4 2019, by J&6 East Properties,
LLC, a North Carolina Limited Liability Company, hereafter designated "Developer," or
"Declarant" pursuant to the Uniform Condominium Act, Chapter 47C of the General Statutes of
North Carolina:
WITNESSETH:
WHEREAS, Developer is the owner in fee simple of certain real estate situated in
Carteret County, North Carolina, legally described in Exhibit "A," together with all buildings and
improvements now or hereafter constructed or located thereon, and all rights, privileges,
easements.and appurtenances belonging to or in any way pertaining to said real estate; and
WHEREAS, Developer desires to submit all of said property to the Act;
NOW, THEREFORE, Developer, as the owner of said property hereby declares as
follows:
ARTICLE I
DEFINITIONS
As used herein, the following words and terms shall have the following meanings:
1.1 Act.
North Carolina Condominium Act, Chapter 47C, General Statutes of North Carolina.
Berwick, Gums, Wickue, & Meeks, PLLC • 911 Arendell Street - Morehead City, North Carolina 28557 • Telephone [phone] - Fax [phone]
Page I of 36 -'2
_[
J4

1632315
1.2 Association.
Pinnacle East Condominiums Association, Inc., a North Carolina non-profit corporation
organized pursuant to Article III of the Act, and its successor and assigns.
1.3 Board.
The Board of Directors of the Association.
1.4 Bylaws.
The Bylaws of the Associations which are hereby incorporated herein and made a part
hereof by this reference and attached hereto as Exhibit "D".
1.5 Common Elements.
All portions of the Condominium except the Units are Common Elements. Some
Common Elements may be designated as Limited Common Elements.
1.6 Common Expenses.
Expenditures made or liabilities incurred by or on behalf of the Association, together with
any allocations to reserve.
1.7 Condominium.
The Condominium created by this Declaration.
1.8 Declarant
Developer and (i) any other person who has executed this Declaration except a Security
Holder executing this Declaration for purposes of subordinating its interest, and (ii) any person
who succeeds to any special Declarant rights pursuant to the Act, and (iii) any successors and
assigns of Developer specifically assigned the rights of Developer hereunder by written
instrument recorded in the office of the Register of Deeds of Carteret County.
1.9 Declarant Control Period
The period of time beginning with the recordation of this Declaration and ending when
Declarant relinquishes control of the Association by voluntary release or as otherwise provided
herein.
1.10 First Mortgage and First Mortgagee.
A First Mortgage is a mortgage or deed of trust which has been recorded so as to give
constructive notice thereof, and which is a first lien on the Unit described therein. A First
Beswick, Goinm Wickiar & Meeks, PLLC • 911 Mendell Surat- Morehead City, Nonh Carolina 28557 • Telephone [phone] • Fox 252-T26.7438
pose 2 of 36

1632315
Mortgagee is the holder, from time to time, of a First Mortgage as shown by the records of the
office in which the First Mortgage is recorded, including a purchaser at foreclosure sale upon
foreclosure of a First Mortgage until expiration of the mortgagor's period of redemption. If there
be more than one holder of a First Mortgage, they shall be considered as, and act as, one First
Mortgage for all purposes under this Declaration and the Bylaws.. .
1.11 Floor Plans.
The Floor Plans of the Condominium are recorded with and by the Act made a part of
this Declaration, as the same may hereafter be amended.
1.12 Limited Common Elements.
Those portions of the Common Elements allocated by operation ofN. C. Gen. Stat.
§47C-2-102(2)(4) of the Act for the exclusive use of one but fewer than all of the Units and also
any Limited Common Elements specifically allocated to Units on Exhibit "B."
1.13 Occupant.
Any person or persons in possession of a Unit, including Unit Owners, the family
members, lessees, guests, and invitees of such person or persons, and family members, guests
and invitees of such lessees.
1.14 Person.
A natural person, corporation, partnership, trust or other entity, or any combination
thereof.
1.15 Property.
The real estate described on Exhibit "A," together with all buildings and improvements
now or hereafter constructed or located thereon, and all rights, privileges, easements and
appurtenances belonging to or in any way pertaining to said real estate.
1.16 Security for an Obligation.
The vendors interest in a contract or deed, mortgagee's interest in a mortgage, trustee's
interest in a deed of trust, purchaser's interest under a sheriffs certificate of sale during the period
of redemption, or the holder's interest in a lien.
1.17 Security Holder.
Any person or entity having a Security interest in a Unit that secures an Obligation
Beswick, Goines, Wickizcr & Meeks, PLLC • 911 Arenddl Street- Morehead City, N.M Carolina 28557 • Telephone [phone] - Fez 252-726-7438
Page 3 of 36

1632315
1.18 Unit
That portion of the Condominium, whether or not contained solely or partially within a building,
together with its percentage of undivided interest in the Common Elements as set forth on
Exhibit "C." Each Unit is designated and delineated on the Floor Plans.
1.19 Unit Boundaries.
Pursuant to N.C. Gen. Star. §47C-2-102, all exterior walls, floors, and ceilings are
designated, as boundaries of the Units. The ductwork, the air handler, and compressor of the
HVAC system are all a part of the Unit. The recorded plans of the Condominium are
incorporated herein.
1.20 Unit Owners or Owner.
The person or persons, including the Declarant, owning a Unit in fee simple. A Security
Holder is not an owner.
ARTICLE II
SUBMISSION OF PROPERTY TO THE ACT
2.1 Submission.
Developer hereby submits the Property to the Act.
2.2 Name.
The property shall hereafter be known as Pinnacle East Condominiums.
2.3 Division of Property Into Separately Owned Units
Developer, pursuant to the Act, and to establish a plan of condominium ownership for the
Condominium, does hereby divide the property into units. There shall be a single building
having 12 Units. Each such Unit for separate ownership, subject, however, to the provisions of
this Declaration. The actual size, floor plan, and configuration of the Units may differ from the
proposed site plan and/or marketing materials.
2.4 Alterations of Units
Subject to the provisions of the Bylaws, a Subdivision of Unit may be altered pursuant to
the provisions of N.C. Gen. Stat. §47C-2-113(a) and (b) of the Act. The Units may not be
further subdivided.
Berwick, Goines, Wickizer & Meeks, PLLC • 911 Arendell Street • Morchead City, NonA Caroline 28557 • Tcic hone 252-726-2134 • Fez 252-726-7438
Page 4 of36

1632315
2.5 Limited Common Elements
The Limited Common Elements serving or designated to serve each Unit are hereby
allocated solely and exclusively to each such Unit. In addition to those defined in the Section
headed, Limited Common Elements and Unit Boundaries, they include those set forth on Exhibit
"B„
2.6 Unit Allocations
The allocations to each Unit of a percentage of undivided interest in the Common
Elements, of votes in the Association, and of a percentage of the Common Expenses, are as
stated on Exhibit "C."
2.7 Condominium Ordinances.
The Condominium is not subject to any code, real estate use law, ordinance, charter
provision or regulation (i) prohibiting the condominium for Unit Ownership, or (ii) imposing
conditions or requirements upon a condominium which are not imposed upon physically similar
developments under a different form of ownership. This statement is made pursuant to N.C.
Gen. Stat. §47C-1-106..
2.8 Reservation of Future Development Rights
There are no future development rights.
ARTICLE III
EASEMENTS
3.1 Encroachments
In the event that, by reason of the construction, re -construction, rehabilitation, alteration,
or improvement of the buildings or improvements comprising a part of the Property, any part of
the Common Elements now or hereafter encroaches upon any part of any Unit, or any part of any
Unit now or hereafter encroaches upon any part of the Common Elements, or upon any part of
another Unit, an easement for the continued existence and maintenance of each such
encroachment is hereby declared and granted and shall continue for so long as each such
encroachment exists; provided that in no event shall an easement for such encroachment be
created if such encroachment is detrimental to or interferes with the reasonable use and
enjoyment of the Common Elements or Units so encroached upon.
3.2 Easements Through Walls.
Easements are hereby declared and granted to the Association and to such persons as are
authorized by the Association, to install, lay, maintain, repair and replace any chutes, flues,
aawick, Geina, Wickim & M=M. PLLC • 911 A dcti &=1 • Mm hud City, N.M C.dina 28557 • T6,b...252-726-2I34 • F. 252-726.7438
P., 5.06

1632316
ducts, vents, pipes, wires, conduits, and other utility installations, and structural components
running through the walls of the Units, whether or not such walls lie in whole or in part within
the boundaries of any Unit. '
3.3 Easements to Repair, Maintain, Restore and Reconstruct.
Wherever in, and whenever by, this Declaration, the 'Bylaws or the Act, a Unit Owner,
the Association, the Board, or any other person, is authorized to enter upon a Unit or the
Common Elements to repair, maintain, restore or reconstruct all or any part of a Unit or the
Common Elements, such easements as are necessary for such entry and such repair,
maintenance, restoration, or reconstruction are hereby declared and granted.
3.4 Declarant's Easements.
a. Declarant and/or assigns hereby reserves such easements through the Common
Elements as may be reasonably necessary for the purposes of discharging its
obligations and completing the development and construction of the Condominium,
which easements shall exist as long as reasonably necessary for such purposes.
b. Declarant and/or assigns shall retain an easement, 10 feet in width running from the
northern right-of-way of East Fort Macon Road —NC Hwy 58 along the eastern most
10 feet of the condominium property until it reaches the southernmost portion of the
"peninsula" that extends northward on the east side of the boat basin that is a part of
the condominium and is further depicted on the condominium plat. The easement
shall be for purpose of vehicular or pedestrian access to the northern most portion of
land located to the east of the condominium complex. The easement described herein
is perpetual. The easement herein shall further give the right to the holder of the
easement the right to construct, maintain and operate a slip (Slip 13) located at the
northern end of the strip of land across which this easement runs and is further
depicted on the plat. All costs of construction, maintenance, repairs, insurance and
any cost associated with the slip shall be home by the holder of the easement. Any
damage caused to the condominium property shall be repaired at the cost of the
user/holder of this easement. The vehicular use of this easement shall be for the use,
construction, repair and maintenance of the boat slip served by it. The normal
vehicular usage for access only shall be for ingress and egress and unloading of
passengers and equipment for the usage of the boat slip and shall not be used for
parking other than for such loading and unloading. In the event that the declarant or
its successors or assigns wishes to engage in riparian development of the riparian area
at the north end of the "peninsula" the easement may be used for the purpose of
facilitating such development and for the inspection, repair and maintenance of the
riparian area or any development thereon.
c. Declarant and/or assigns shall have the right to utilize the swimming pool of the
Condominium. The Declarant and/or assigns shall indicate its wish to use or not use
the pool by the 15w of January of each year. If the Declarant and/or assigns wishes to
use the pool, he shall promptly pay 1/13" estimated costs of operating the pool. Such
estimate shall be determined by utilizing the prior year's actual maintenance cost or
in the case of the initial year the projected costs of the same. As soon as possible
aeswick, Goines, Wicki., & Meeks, PLLC • 911 Amndell Svw • Mmehead City, Nonh Cmolina 2855/ • Tekphmc 252-M-2134 • Fen 252-726-7438
Page 6 of36

1632315
after the end of each calendar year, the Declarant and/or assigns shall be provided a
supplemental statement which shall address the operating cost for the pool being
above or below the amount paid and the Declarant and/or assigns shall be refunded
the overage paid in or billed for the additional costs that are due. The Declarant
and/or assigns shall have pedestrian access across the Condominium areas in order to
facilitate the use of the pool. This easement may be assigned only to the owner of
what is currently a house and lot located to the south of the condominium property
and abutting upon Fort Macon Road.
d. The 131h boat slip issues.
3.5 Construction Easements
Declarant hereby expressly reserves such easements through the Common Elements as
may be reasonably necessary for the purposes of allowing Declarant to construct additional Units
on property allowed to be annexed into this Condominium by a specific provision of this
Declaration, a part of which construction may occur upon the Common Elements.
3.6 Easements to Run With the Land.
All easements and rights described in this Article are appurtenant easements running with
the land, and except as otherwise expressed shall be perpetually in full force and effect, and shall
inure to the benefit of and be binding upon Declarant, the Association, Unit Owners, Occupants,
Security Holders, and any other person having an interest in the Condominium or any part of any
thereof. The Condominium and every part thereof shall be conveyed and encumbered subject to
and together with all easements and rights described in this Article, whether or not specifically
mentioned in any such conveyance or encumbrance.
ARTICLE IV
RESTRICTIONS, CONDITIONS AND COVENANTS
4.1 Compliance with Declaration, Bylaws and Rules and Regulations
Each Unit Owner and Occupant shall comply with all applicable provisions of the Act,
this Declaration, the Bylaws, the rules and regulations promulgated by the Boards, or the
Associations, as amended. Failure to comply shall be grounds for an action by the Associations,
an aggrieved Unit Owner, or any person adversely affected, for recovery of damages, injunction
or other relief.
4.2 Administration of Condominium.
The Condominium shall be administered in accordance with the provisions of the. Act,
this Declaration and the Bylaws.
4.3 Use Restricted.
aeswick. Got.., W ickim, & Mnk,, PLLC • 911 Amndeil Son, • Momhcad City, Nonh Carolina 28557 • Telcpho" 252-726-2134 • Fax [phone]
Paec 7 o06

1632315
The Unit shall be occupied and used by Unit Owners and Occupants for residential
purposes only.
4.4 Hazardous Use and Waste
Nothing shall be done to or kept in any Unit or the Common Elements that will increase
any rate of insurance maintained with respect to the Condominium without prior written consent
of the Board. No Unit Owner or Occupant shall permit anything to be done to or kept in his Unit
or the Common Elements that will result in the cancellation of insurance maintained with respect
to the Condominium, or that would be in violation of any law, or that will result in the
commitment of waste (damage, abuse or destruction), to or in his Unit or the Common Elements.
4.5 Alterations of Common Elements.
No Unit Owner or Occupant, except Declarant during the Declarant Control Period, shall
alter, construct anything upon, or remove anything from the Common Elements, or paint,
decorate, landscape or adorn any portion of the Common Elements, without the prior written
consent of the Board.
4.6 Pets
Normal household pets may be allowed in the Condominium. Pets must remain within
the unit or be restrained on a leash and accompanied when outside the unit. Such owner is .
further specifically obligated to remove from any Common Elements any solid waste produced
by said pet. The Board may promulgate reasonable, additional regulations with regard to pets.
No Unit owner may poses more than three (3) pets at a time without the prior approval of the
Association.
4.7 Rules and Regulations
In addition to the foregoing restrictions, conditions and covenants concerning the use of
the Condominium, reasonable rules and regulations not in conflict therewith and supplementary
thereto may be promulgated and amended from time to time by the Board or the Association as
more fully provided in the Bylaws.
The Association, by vote of its members or by vote of its Board of Directors, shall adopt
enforcement procedures for the rules and regulations adopted.
4.8 Rentals.
The units may be rented. The Owner shall be responsible for ensuring that any renter
abides by the provisions of this Declaration and the rules and regulations established by the
Board. Any Owner electing to rent a Unit must provide in writing to the Association a statement
indicating that said Owner is intending to rent or lease a Unit, which notice must specify the
agent or property manager responsible for renting or leasing the Unit. The notice shall also
identify the renters and provide appropriate contact information. The duration of the rental must
Berwick, Gent , Wickiur & Meek, PLLC • 911 Mendell 84act • Morehead City, North Crinoline 28557 • Telephone [phone] • Fria 252-726-7439
Page 8 of 36

1632315
be a minimum of three (3) calendar months
4.9 Mail.
The Board on behalf of the Association is specifically authorized to restrict or prohibit
mailboxes, newspaper boxes or other such amenities. The Board is authorized to require that
mail be collected at a post office box, or, if the Board so determine, that mail be collected in
uniformly approved orjoint use mail collection locations and facilities.
4.10 Parking
No trailers, boat trailers, boats, campers, motor homes, trucks over one (1) ton, service
vehicles, tractors, no unlicensed or inoperative motor vehicles, or other vehicles shall be allowed
to be parked on -any Limited Common Elements. The Board may determine parking rules and
regulations form time to time to facilitate the equitable use of the available parking spaces.
4.11 Prohibited Activities
No business, noxious or offensive trade, or activity shall be carried on upon or in any
Unit, nor shall anything be done which will become an annoyance or nuisance to the
neighborhood.
4.12 Restrictions, Conditions, and Covenants to Run With The Land
Each Unit Owner and Occupant shall be subject to all restrictions, conditions and
covenants of this Declaration, and all such restrictions, conditions and covenants shall be deemed
to be covenants running with the land, and shall bind every person having any interest in the
Property, and shall inure to the benefit of every Unit Owner.
ARTICLE V
ASSESSMENTS
5.1 Assessment of Liens
The Boards have the power to levy assessments against the Units for Common Expenses.
Such assessments shall be a lien on the Units against which they are assessed, and if any
payment thereof becomes delinquent, the lien may be foreclosed and the Unit sold, or a money
judgment obtained against the persons liable therefore, all as set forth in the Bylaws. However,
Declarant shall not be assessed for any unsold units until 120 days have lapsed from the issuance
of the Certificate of Occupancy for the Unit. Thereafter, the Declarant shall pay dues and other
assessments as if it were and owner.
5.2 Personal Liability of Transferee; Statement: Liability of First Mortgagee.
a. The personal obligation for assessments, which are delinquent at the time of
Bowick, Goincs, Wickieer & Meeks, PLLC • 911 Arendell street • Morehead City, North Carolina 29557 • Telephone [phone] • Fox 252-726-7438
Page 9 of36

1632315
transfer of a Unit, shall not pass to the transferee of said Unit unless said delinquent assessments
are expressly assumed by the transferee.
b. Any transferee referred to in (a) above shall be entitled to a statement from the
Boards pursuant to the Bylaws, and such transferee's Unit shall not be subject to a lien for any
unpaid assessments against such Unit in excess of the amount therein set forth.
C. Where a mortgagee, or other person claiming through such mortgagee, pursuant
to the remedies provided in a mortgage or deed of trust, or by foreclosure, or by deed in lieu of
foreclosure, obtains title to a Unit, the liability of such mortgagee, or such other person, for
assessments shall be only for the assessments, or installments thereof, that would become
delinquent if not paid after acquisition of title. For purposes hereof, title to a Unit shall be
deemed acquired by foreclosure upon expiration of the applicable period of redemption.
d. Without releasing the transferor from any liability therefore, any unpaid portion of
assessments which is not a lien under (b) above, or resulting, as provided in (c) above, from the
exercise of remedies in a mortgage or deed of trust, or by foreclosure thereof, or by deed in lieu
of such foreclosure, shall be a Common Expense collectible from all Unit Owners, including the
transferee under (b) above, and the mortgagee or such other person under (c) above who acquires
ownership by foreclosure or by deed, or assignment, in lieu of foreclosure.
5.3 Prohibition of Exemption From Liability For Contribution Toward Common
Expenses.
No Unit Owner may exempt himself from liability for his share of the Common Expenses
assessed by the Association by waiver of the use or enjoyment of any of the Common Elements
or by abandonment of his Unit or otherwise. .
ARTICLE VI
MANAGEMENT, MAINTENANCE, REPAIRS, REPLACEMENTS, ALTERATIONS AND
IMPROVEMENTS.
6.1 Common Elements.
a. By the Association. The management, replacement, maintenance, repair,
alteration and improvement of the Common Elements shall be the responsibility of the
Association, and, subject to the provisions of this Declaration, the cost thereof shall be a
Common Expense to the extent not paid by Unit Owners pursuant to the provisions of this
Declaration hereof. All damage caused to a Unit by any work on or to the Common Elements
done by or for the Association shall be repaired by the Association, and the cost thereof shall be
a Common Expense.
Beswick, Goincs, Wickiz,, & Meeks, PI.LC • 911 /vcndcll Stnxi • Morehead City, North Carolina 28557 • Telephone [phone] • Pm 252-726-7438
Page 10 of36

1632315
The Association specifically has the obligation and requirement to maintain the
swimming pool and surrounding area. The Association shall establish rules for the use of and
access to the swimming pool or surrounding area.
b. By Unit Owners. Each Unit Owner shall pay all costs to repair and replace all
portions of the Common Elements that may become damaged or destroyed by reason of his
intentional acts or the intentional acts of any Occupant of his Unit. Such payment shall be made
upon demand by the Association.
. C. Common Utilities. The water/sewer system extending from each Unit until such
point, as the water/sewer system becomes the property and responsibility of the Town of Atlantic
Beach shall be a common area, and its maintenance, inspection, and repair shall be a common
expense. -
The Association shall further pay all common area utility charges, such as common area
electrical lights, common area irrigation, or water systems, and shall repair and maintain any
signage on Common Elements.
d. Any and all storm water retention ponds together with all pipes and drains
associated with those ponds shall be common elements of the Condominium.
C. Any entrance way gates and activation mechanisms shall be common elements of
the Condominium.
f. Any recreational areas, to specifically include, but not limited to, a swimming
pool, clubhouse, and related areas shall be common elements of the Condominium.
6.2 Expenses Associated with Limited Common Elements Or Benefiting Less Than All
Units.
a. Any Common Expense associated with the maintenance, repair, or replacement of
a Limited Common Element shall be a common expense but shall be assessed against the Unit
served by the Limited Common Element.
b. In addition, the Association may assess any Common Expense benefiting less
than all of the Units against the Units benefited in proportion to their Common Expense liability.
6.3 Units.
Each Unit Owner: shall maintain his Unit at all times in a good and clean condition, and
repair and replace at his expense all portions of his Unit; shall perform his responsibilities in '
such manner as not to unreasonably disturb other Occupants; shall promptly report to the Board,
or its agents, any defect or need for repairs, the responsibility for which is that of the
Association; and to the extent that such expense is not covered by the proceeds of insurance
carried by the Association, shall pay, all costs to repair and replace any portion of another Unit
acswick, nolaes, Wicki., @ Mcaka, PLLC • 911 Awnde11 St=t • Mmcheed City, NoM Camlina2a55r • Tctcpphone 252-r26-2134 • Fez 252J26-T438
Page 11 of36

1632315
that has become damaged or destroyed by reasons of his own acts or omissions, or the acts or
omissions of any Occupant of his Unit. Such payment shall be made upon demand by the Unit
Owners of such other Unit. Nothing herein contained shall modify any waiver by insurance
companies of rights of subrogation. Any window covering or curtain that is visible from the
exterior of the Unit shall be white or otherwise approved by the Association.
6.4 Boat Slips
Rules. The Association shall have the right to adopt from time to time reasonable
rules and regulations regarding the use and operation of the Marina (and Boat Slips)
which may address among other things, the following:
i. Ability of Unit Owners to use the Marina (and Boat Slips) between the
hours of 11:00 p.m. and 5:00 a.m.
ii. Maintenance of the area in and around the Boat Slip in a clean, safe
condition;
iii. Installation of utilities serving slips, individually or collectively;
iv. No living aboard or overnight stays;
V. Removal of vessels during severe weather i.e. hurricanes;
vi. No commercial -type vessels moored or commercial activities conducted
from the Marina (and Boat Slip);
vii. Minimum general liability insurance and other types of insurance
mandated for each vessel to have in effect while using the boat slips.
b. There are twelve (12) boat slips that are a part of the Condominium. One boat slip
shall be assigned, as a Limited Common Area, to each Unit. The boat slip shall be
conveyed and further described in the deed for the Unit. The boat slip shall be
provided with power and water. The cost of which shall be commons expense of the
Condominium. Slip number thirteen(13) shall be subject to the same rules and
regulations as established for the other boat slips that we included in the
Condominium complex.
c. No boat slip may be severed from the Condominium or conveyed separate or a part
from the Unit to which it is assigned. A boat slip may be leased to another Unit
owner, but not otherwise. But not otherwise other than specifically herein. No Unit
Owner shall lease, rent or otherwise allow anyone other than the following person to
use his Boat Slip: (i) Unit Owner, (ii) Occupant. It being the intent of this restriction
that the Boat Slip not be rented or used separately from the person or persons
occupying or owning the Unit.
d. Boat Lifts. Each slip is currently equipped with a lift. The owner may replace the
slip or a component thereof whenever the owner wishes. However, if the owner
wishes to install another slip or modify it, the owner shall present appropriate plans
and specifications to the Association whom must approve the use of something other
than replacement of the original. The person or persons affecting the
repair/replacement of the boat lift shall have reasonable access across the common
Berwick, Goines, W ickizcr & Mecks, PLLC • 911 Anndell street • Morehead City, North Carohna28557 -I elephooic252-726-2134 • Fax [phone]
Pagc 12 of 36

1632315
areas of the Condominium in order to affect such repairs or replacement. The boat
lift or replacement thereof is the responsibility of the slip owner and all maintenance,
repair or replacement shall be sole expense of the slip owner and not the Association.
e. Dock Boxes. Unit Owners shall be entitled to maintain a dock box adjacent to their
Boat Slip. The purchase and installation of the dock box shall be at the sole cost and
expense of the Unit Owner. The Association shall have the ability to adopt rules
related to the design, location and appearance of dock boxes.
f. Slip Definition. The slip, which is a limited common area, shall be defined as
extending east most boundary of the Floating dock and further bonded by mooring
pilings surviving the slip. The bulkhead floating dock and finger piers are common
areas and not a part of the slip.
6.5 Waiver of Claims
Except only as provided in this Declaration, the Association agrees that it shall make no
claim against the Unit Owner or Occupant, and each Unit Owner and Occupant agrees that he
shall make no claim against the Association, members of the Board, officers of the Association,
or employees or agents of any thereof, or against any manager retained by the Board or his or its
officers, directors, employees or agents, or other Unit Owners or Occupants, for any loss or
damage to any of the Property, or to a Unit or personal property therein, even if caused by the
omission or neglect of any one or more of such persons and all such claims are hereby waived
and released; provided, that this waiver shall not apply to any such lossordamage due to
intentional acts; provided further, this waiver is void if application of the same will result in loss
of insurance coverage by the party suffering the damage.
6.6 Right of Entry
a. By the Association. The Association, and any person authorized by the
Association, may enter any Unit or any of the Limited Common Elements in case of any
emergency or dangerous condition or situation originating in or threatening that Unit or any of
the Limited Common Elements. The Association, and any person authorized by the association,
after reasonable notice to a Unit Owner or Occupant, may enter that Unit or any of the Limited
Common Elements for the purposes of performing any of the Association's duties or obligations,
or exercising any of the Association's powers under the Act, this Declaration, or the Bylaws with
respect to that or any other Unit, any Limited Common Elements, or the Common Elements.
Notwithstanding Section 6.5, the Association shall be responsible for any damage caused by the
Association, or its authorized person, to the entered Unit, and the cost thereof sha11 be a Common
Expense. All such entries shall be made and done so as to cause as little inconvenience as
possible to the Unit Owner and Occupant of the entered Unit or any portion of the Limited
Common Elements allocated to the Unit Owner.
b. By Unit Owners. Each Unit Owner and Occupant shall allow other Unit Owners
and Occupants, and their representatives, to enter his Unit, or Limited Common Elements
allocated to his Unit, when reasonably necessary for the purpose of altering, maintaining,
Bcswick, Goiit.. Wicki., & Meeks, PLLC • 911 &mndcll Street • Momhmd City, Nonh Cmolina 28557 • Tdcphone 252-726-2134 - Fax 252-Td6-7438
Pap 13 o1`36

1632315
repairing, or replacing the Unit, or performing the duties and obligations under the Act, this
Declaration, or the Bylaws of the Unit Owner or Occupant making such entry, provided that
requests for entry are made in advance and that such entry is at a time convenient to the Owner
or Occupant whose Unit or Limited Common Element is to be entered. In case of an emergency
or dangerous condition or situation, such right of entry shall be immediate. Notwithstanding
Section 6.5, the person making such entry shall be responsible for repair of any damage caused
by such person to the entered Unit or Limited Common Element.
ARTICLE VII
INSURANCE
7.1 Casualty Insurance
The Association shall maintain casualty insurance upon the Property in the name of, and
the proceeds thereof shall be payable to, the Association, as Trustee for all Unit Owners and
Security Holders as their interest may appear, and such proceeds shall be disbursed pursuant to
the Act. Such insurance shall be in an amount equal to but not less than the full insurable value
of the Property on a replacement cost basis and shall insure against such risks and contain such
provisions as the Board from time to time shall determine, but at a minimum shall conform in all
respects to the requirement of the Act, and shall provide that, notwithstanding any provision
thereof that gives the.insurer an election to restore damage in lieu of making a cash settlement,
such option shall not be exercisable if such restoration is prohibited pursuant to the Act.
Deductibles shall be as determined by the Board of Directors of the Association and shall be a
common expense of the Association.
7.2 Public Liability Insurance.
The Association shall maintain public liability insurance for the benefit of the Unit
Owners, Occupants and holders of a vendor's interest in a contract for deed on a Unit, the
Association, the Board, the manager, if any, the Declarant, and their respective officers,
directors, agents, and employees, in such amounts and with such coverage as shall be determined
by the Board. Limits on liability may be altered from time to time by the Board. Said insurance
shall contain a severability of interest endorsement precluding the insurer from denying liability
because of negligent acts of any insured; insure all of such benefited parties against such liability
arising out of or in connection with the use, ownership, or maintenance of the Common
Elements, and the streets, sidewalks and public spaces adjoining the condominium; and insure
the Association, the Board, the manager, if any, and their respective officers, directors, agents,
and employees against such liability arising out of or in connection with the use or maintenance
of the Units.
7.3 Otherinsurance.
The Association may procure such other insurance as it may from time to time deem
appropriate to protect the Association or the Unit Owners.
aee.kk, Gam., Wieki., & Meeks, PLLC 1911 Mender Sft t 1 Morehead Citg North Caroline 285571 Telephone [phone] Fss 252-726-7438
Page 14 of36

1632316
7.4 Insurance Trustee.
The Board may engage, and pay as a common Expense, any appropriate person to act as
an insurance trustee to receive and disburse insurance proceeds upon such terms as the Board
shall determine, consistent with the provisions of the Act and this Declaration.
7.5 Individual Policy for Unit Owners
Each Unit Owner may obtain insurance, at his own expense, on the Unit, personal
property, additional living expense, condominium assessment, personal liability, and any other
coverage obtainable, to the extent and in the amount such Unit Owner deems necessary to protect
this own interest: Provided that any such insurance shall contain waivers as provided hereinand
shall provide that it is without contribution as against the insurance purchased by the
Association. If a casualty loss is sustained and there is a reduction in the amount of the proceeds
that would be otherwise be payable on the insurance purchased by the Association to the
proration of the insurance purchased by a Unit Owner under this Section, such Unit Owner shall
be liable to the Association to the extent of such reduction and shall pay the amount of such
reduction to the Association upon demand, and assigns the proceeds of his insurance, to the
extent of such reduction, to the Association.
ARTICLE V1II
CASUALTY DAMAGE
If all or any part of the Property shall be damaged or destroyed, the same shall be
repaired or replaced, and, the proceeds of insurance shall be used and applied in accordance with
the provisions of N.C. Gen. Stat. §47C-3-113.
ARTICLE IX
CONDEMNATION
In the event of a taking by eminent domain, or by a conveyance in lieu thereof, of all or
any part of the Property, the same shall be repaired or restored, and the awards paid on account
thereof shall be used and applied in accordance with N.C. Gen. Stat, §47C-1-107.
ARTICLE X
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
If a portion of this lot has been determined to meet the requirements for designation as a
wetland, stream, or protected stream buffer, any subsequent fill or alteration of this area shall
conform to the requirements of the state rules adopted by the State of North Carolina in force at
the time of the proposed alteration. The intent of this provision is to prevent additional wetland,
stream, or buffer filling or draining, so the property owner should not assume that a future
application for filling or draining would be approved. This covenant is intended to ensure
aemick, Gaines, Wicki. & Mccks, PLLC - 911 Mendell Suat - Morehead City, Nonh Carolina 28557 - Telephone [phone] - Fao,252-726-0438
Page 15 of36

1632315
continued compliance with all rules adopted by the State of North Carolina and therefore the
State of North Carolina may enforce benefits. This covenant is to run with the land and shall be
binding on all parties and all persons claiming under them.
ARTICLE XI
TERMINATION
The Condominium may be terminated only in strict compliance with N.C. Gen. Stat.
§47C-2-115.
ARTICLE XII
AMENDMENT
This Declaration may be amended only in strict compliance with the Act, including,
without limitation, N.C. Gen. Stat. §47C-2-117.
ARTICLE XIII
RIGHTS OF FIRST MORTGAGEE; V.A., FNMA, AND FHLMC PROVISIONS
The following provisions shall take precedence over all other provisions of this
Declaration and the Bylaws:
12.1 Availability of Condominium Documents, Books, Records, and Financial Statements
The Association shall, upon request and during normal business hours, make available for
inspection by Unit Owners and the first mortgagees and the insurers and guarantors of a first
mortgage on any Unit, current copies of the Declaration, the Bylaws, other rules and regulations
governing the Condominium and the books, records, and financial statements of the Association.
The Association shall provide a financial statement for the preceding fiscal year if requested in
writing by a first mortgagee or insurer or guarantor of a first mortgage. The Association shall,
upon request and during normal business hours, make available for inspection by prospective
purchasers of Units, current copies of the Declaration, Bylaws, other rules and regulations
governing the Condominium, and the most recent annual audited financial statement (if one is
prepared).
12.2 Successor's Personal Obligation for Delinquent Assessments.
The personal obligation for assessments which are delinquent at the time of transfer of a
Unit shall not pass to the successors in title or interest to said Unit unless said delinquent
assessments are expressly assumed by them.
12.3 Rights of Action.
Beswick, Goines, Wickear & Meeks, PLLC • 911 Amnde1151rcet • Morehead City, North Carolina 28557 • Telephone [phone] • Far 252-726-7439
Page 16 of36 '

1632315
The Association and any aggrieved Unit Owner shall have a right of action against Unit
Owners and any aggrieved Unit Owners shall have a right of action against the Association for
failure to comply with the provisions of this Declaration, the Bylaws and the rules, regulations,
and decisions of the Association made pursuant to authority granted to the Association in this
Declaration and the Bylaws.
12.4 Management and Other Agreements.
a. Any management agreement between the Declarant or the Association and a
professional manager, or any other agreement providing for services of the Developer, sponsor,
builder or Declarant, shall be terminable by either party thereto without causeand without
payment of a termination fee upon not more than thirty (30) days prior written notice and shall
not exceed a term of three (3) years, subject to renewal by the consent of both parties.
b. Declarant has the right to subject the property utility agreement/contracts for
intemet/ty/phone services/elevator maintenance for the individual units and common areas for up
to three (3) years.
12.5 Consent of First Mortgagees.
This Section shall be effective only if, at the time this Section would apply, at least one
Unit is subject to financing. Any decision to terminate the Condominium for reasons other than
substantial destruction or condemnation of the Property shall require the prior written consent of
Security Holders, as defined in Section 12.7 hereof, representing 100% of the votes allocated to
Units subject to First Mortgages held by eligible Security Holders. Any amendment to the
Declaration or Bylaws which changes any of the following shall require the prior written consent
of all Unit Owners and of all eligible Security Holders:
(a) Voting Rights;
(b) Assessments, assessment liens or subordination of such liens;
(c) Reserves for maintenance, repair, and replacement of Common Elements;
(d) Responsibility for maintenance and repairs;
(e) Reallocation of interests in the Common Elements or Limited Common Elements
or rights to their use;
(f) Boundaries of any Unit;
(g) Convertibility of Units into Common Elements or Common Elements into Units.
(h) Expansion or contraction of the Condominium or the addition, annexation or
aeswick. Coins, Wwki., & M.B. PLLC • 911 Amadcll 8oee, - Morehead City, NOM Carolina 28557 • Telephone [phone] • Fax 252.n6-7438
Page 17 of36

1632315
withdrawal of property to or from the Condominium;
(i) Insurance or fidelity bonds;
0) Leasing of Units;
(k) Imposition of any restrictions on a Unit Owner's right to sell, transfer or otherwise
convey his Unit;
(1) A decision by the Association to establish self management when professional
management had been required previously by any eligible Security Holder;
(m) Restoration or repair of the Condominium (after damage or destruction or partial
condemnation) in a manner other than that specified in this Declaration or the Bylaws;
(n) , Any action to terminate the legal status of the Condominium after substantial
damage or destruction or condemnation; or
(o) Any provisions that expressly benefit First Mortgagees or insurers or guarantors
of first mortgages.
12.6 Consent of First Mortgagees or Unit Owners.
This Section shall be effective only if, at the time this Section would apply, at least one
Unit is subject to financing. Except with the unanimous consent of all First Mortgagees, the
Association shall not be entitled to;
(a) By act or omission, seek to abandon or terminate the Condominium;
(b) Change the pro rata interest or obligations of any Unit for the purpose of:
(i) Levying assessments or charges or allocating distributions of hazard
insurance proceeds or condemnation awards, or
(ii) Determining the pro rata share of ownership of each Unit in the Common
Elements;
(c) Partition or subdivide any Unit;
(d) By act or omission, seek to abandon, partition, subdivide, encumber, sell or
transfer the Common Elements. (The granting of easements for public utilities or for other
public purposes consistent with the intended use of the Common Elements shall not be deemed a
transfer within the meaning of this clause);
(e) Use Hazard insurance proceeds for losses to any part of the Condominium
(whether to Units or to Common Elements) for other than repair, replacement or reconstruction
thereof.
Bcswick, Goines, Wickims & Meeks, PLLC • 911 A odcll Sncet • Morehead City, North Carolina 28557 • Telephone [phone] - Fan 252-726.7438
Page IS of36

1632315
12.7 Notice
Each First Mortgagee and each insurer or guarantor of a First Mortgage, upon written
request stating its mortgage held, insured or guaranteed, shall be entitled to timely written
notification by the Association of (i) any proposed action which requires consent of a specified
percentage of First Mortgages; (ii) any condemnation or casualty loss that affects either a
material portion of the Condominium or the Unit securing its First Mortgage; (iii) any 60-day
delinquency in the payment of assessments or charges owed by the Unit Owner of the Unit on
which the First Mortgagee held its First Mortgage or in the performance of any obligation under
this Declaration or the Bylaws by said Unit Owner; or (iv) any lapse, cancellation or material
modification of any insurance policy'or fidelity bond maintained by the Association. Each First
Mortgagee who has requested the Association to notify it of any proposed action that requires the
consent of a specified percentage of eligible Security Holders shall be considered an "eligible
Security Holder." With respect only to non -material amendments (which excludes items (a) to
(o) of Section 12.5), such as for the correction of technical errors or for clarification, any First
Mortgagee who receives a written request by the Association, or any Unit Owner, to approve an
addition or amendment to the Declaration or Bylaws who does not deliver or post to the
requesting party a negative response within thirty (30) days shall be deemed to have approved
such request.
12.8 Assessments.
Assessments shall be due and payable in monthly installments or as the Board directs. As
provided in Article VIII of the Bylaws, and as legally required by N.C. Gen. Stat. §47C-3-115 of
the Act, Declarant shall pay all accrued expenses of the Condominium until assessments are
levied against the Units. An assessment shall be deemed levied against the Unit upon the giving
of notice by the Board to a member of the Association who is a Unit Owner of that Unit. Unit
Owners shall have no obligation to pay monthly assessments until an assessment is levied.
Assessments will begin at such time as the Board elects.
12.9 Rights of First Mortgagee; Insurance Proceeds or Condemnation Awards
With respect to First Mortgages held by or for the benefit of any person, no provision of
this Declaration or the Bylaws shall be deemed to give a Unit Owner, or any other person,
priority over any rights of a First Mortgagee pursuant to its First Mortgage on said Unit Owner's
Unit, in the case of a distribution to said Unit Owner of insurance proceeds or condemnation
awards for losses to or a taking of Units and/or Common Elements.
ARTICLE XIV
GENERAL PROVISIONS
13.1 Conflict with the Act; Severability.
Should any of the terms, conditions, provisions, paragraphs, or clauses of this Declaration
conflict with any provision of the Act, the provisions of the Act shall control unless the Act
Berwick, Gaines, W ickizer & Meeks, PLLC • 911 Arendell Stoat • Morehead City. North Cmolins 28557 • Telephone 252-T26-2134 • Fax [phone]
Page 19 of 36

1632315
permits the Declaration to override the Act, in which event the Declaration shall control. The
invalidity of any covenant, restriction, condition, limitation, provision, paragraph, or clause of
this Declaration, or of any part of the same, or the application thereof to any person or
circumstance, shall not impair or affect in any manner the validity, enforceability or affect the
rest of this Declaration or the application of any such covenants, restrictions, conditions,
limitations, provisions, paragraphs, or clauses to any other Person or circumstance.
13.2 Interpretation of Declaration.
Whenever appropriate singular may be read as plural, plural may be read as singular, and
the masculine gender may be read as the feminine or neuter gender. Compound words beginning
with the prefix "here' shall refer to this entire Declaration and not merely to the part in which
they appear.
13.3 Captions.
The captions herein are only for convenience and reference and do not define, limit or
describe the scope of this Declaration, or the intent of any provision.
13.4 Exhibits.
Exhibits "A," "B," "C," and "D" attached hereto are made a part hereof.
11.5 By -Laws
The Bylaws of the Association attached hereto are made a part hereof.
13.6 Authority of Association
Unless specifically limited by a provision of this. Declaration or the Bylaws, any action
allowed or required to be taken by the association may be taker, by a majority vote of the Board,
without joinder or approval of the members of the Association.
13.7 Unit Numbering.
The Units and boat slips shall be numbered or otherwise designated as shown on the plats
and plans of the Condominium.
13.8 Allocations
Each Unit shall be allocated the percentage of common elements, commons expenses,
and votes as set forth in the Exhibits to this Declaration. There shall be no differentiation as to
allocations on particular matters. Upon the election by Declarant to exercise its right to annex
additional properties, all allocations will be based upon a method determined by Declarant.
Berwick, Goinns, Wickizer & Mccki, OLLC • 911 Amnddl Btmct • Mom cad City, Nonh Carolina 28557 • Telephone [phone] - Foe 252-T26.7438
Page 20 of36

1632315
13.9 Declarant Control Period.
Shall be the maximum allowed as provided in N.C.Gen.Stat.§47C-3-103(d). During the
period of Declarant control. Declarant shall have the right to appoint all members of the
Executive Board.
13.10 Capital Contribution
At closing, each Unit purchaser shall contribute, in addition to any and all other closing
costs and expenses, the sum of Two Thousand Dollar ($2,000.00) which shall be paid into the
Association as an additional contribution of capital in order to fund the operations of the
Association. These funds may be used for any purpose for which the Association may spend its
funds as determined by the Association.
IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the day
and year first above written.
J&B EAST PROPERTIES, LLC
BY
Max . Baz our, Member/Manager
0.wU. Goinm Wickiur & Mk,. PLLC • 911 Arende118treet • Morehead City, Nonh Carolina 28557 • Telephone [phone] - Fax [phone]J8
Page 21 ofJ6

1632315
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, Notary Public, certify that Max O. Barbour, personally came before me this day and
acknowledged that he is Member/Manager of J&B East Properties, LLC, a North Carolina
corporation, and that he, as President being authorized to do so, executed the foregoing on behalf
of the corporation.
Witness my hand and official seal, this the —L14— day of k aQAm ,
20 .. T �—
Notary Public
Printed Name of Notary
M CII. i n Expires:
a
�OIARY
'OUBOC'
Beswick, Goince, Wickizer & Mceks, PLLC • 911 Arendell Shen - Morcheed City, Nonh Caroline 28557 • Telephone [phone] • Fat 252-726.7438
Page 22 of36

1632315
EXHIBIT "A"
DESCRIPTION
BEING all of that property shown by map entitled "Pinnacle East Condominiums Units 1 Thru
12" as recorded in Map Book /o T Page AY Carteret County Registry.
Further being the property acquired by Declarant by deed recorded in Book 1563 at Page 129 of
the Carteret County Registry.
acswick, Games, W aki., & Meeks, PLLC • 911 Mndell Street • Morehead City, Nonh Carolina 28557 • Telephone [phone] • Fm 252-726-7438
Page 23 ofJ6

1632315
EXHIBIT eB"
LIMITED COMMON AREA
Any shutters, awnings, window boxes, door steps, stoops, decks, porches, balconies, patios,
and all exterior doors and windows or other fixtures designed to serve a single unit but
located outside the units boundaries.
The storage unit located on the ground Boor which is assigned to each unit.
The boat slip assigned to each Unit.
As to Unit No. 4 the buried gas tank located to the east of the Unit and the lines connecting
the tank to the Unit.
Be.ok, Goinea, Wieki., & Meeks, PLLC • 911 Arendell Street • Morehead City, Noah Carolina 28557 • TelePbone 252-726-2134 • Fm 252.726.7438
Pap 24 oF36

1632315
EXHIBIT ,ICtt
COMMON ELEMENTS
Each Unit will be responsible for one -twelfth (1/12) of the total expenses incurred by the
Association.
Each Unit will receive one (1) vote.
Demick, mines, Wickixr & Mccks, PLLC - 911 Arcndcll Strcd • Momlicad City, Nonh Caroline 28557 - Telephone [phone] - Fnn 252-726-7438
Page 25 of36

1632316
EXHIBIT "D"
BYLAWS
Bcsaick, Goines, W ickimr & M"ks, PLLC • 911 A ndell Suttt • Mo¢heed City, Nonh Caroline 28557 • Telephone 252-M-2134 • Fax [phone]
Page 26 of36

1632315
BYLAWS
OF
PINNACLE EAST CONDOMINIUMS ASSOCIATION, INC.
A NON-PROFIT CORPORATION
ARTICLE I
OFFICES
SECTION 1. PRINCIPAL OFFICE: The principal office of the Corporation shall be
located in as determined by the Board of Directors..
SECTION 2. REGISTERED OFFICE: The registered office of the Corporation
required by law to be maintained in the State of North Carolina may be,
but need not be, identical with the principal office.
SECTION 3. OTHER OFFICES: The Corporation may have offices at such other
places either within or without the State of North Carolina, as the Board of
Directors may from time to time determine, or as the affairs of the
Corporation may require.
ARTICLE II
MEMBERS AND MEETING OF THE MEMBERS
SECTION 1. MEMBERS: Members shall be those persons or entities owning Units within the
condominium.
SECTION 2. PLACE OF MEETING: All meetings of members shall be held at the
principal office of the Corporation or at such other place, either within or
without the State of North Carolina, as shall be designated in the notice of
the meeting or agreed upon by a majority of the members entitled to
vote thereat.
SECTION 3. ANNUAL MEETINGS: The Annual Meeting of the members shall be
held at 2:00 o'clock p.m. on the first Tuesday in May each year, if not
a legal holiday and if a legal holiday, then the next day following not a
legal holiday, for the purposes of electing Directors of the Corporation and
for the transaction of such other business as may be properly before the
meeting.
SECTION 4. SUBSTITUTE ANNUAL MEETING. If the Annual Meeting shall not be held on
the day designated by these -Bylaws, a substitute Annual Meeting may be called in
Berwick, Goines. W ickiut & Meeks. PLLC • 911 A dell Sirml • Motehud City, Nonh Carolina 29557 • Telephone [phone] - Fm 252-726-7438
Pagc 27 d36

1632315
accordance with these Bylaws. A meeting so called shall be designated and
treated for all purposes as the Annual Meeting.
SECTION 5. SPECIAL MEETINGS. A Special Meeting of the members may be called at any
time by the President, by a majority of the Board of Directors of the Corporation,
or by ten (10) percent of the members entitled to vote at the meeting.
SECTION 6. NOTICE OF MEETINGS: Written or printed notice shall be delivered, either in
any reasonable manner at the direction of the President, the majority of Directors
or the Members calling for the meeting, to each Member of record entitled to vote
at the meeting.
The Board of Directors shall establish how far in advance the meeting that the
Notice will be mailed.
In the case of an Annual or Substitute Annual Meeting, the notice of
meeting need not specifically state the business to be transacted thereat
unless it is a matter, other than election of Directors, on which the vote of
members is expressly required by the provisions of the North Carolina
Nonprofit Corporation Act. In the case of a special Meeting, the notice of
meeting shall specifically state the purpose or purposes for which the
meeting is called.
When a meeting is adjourned for thirty (30) days or more, notice of the
adjourned meeting shall be given as in the case of an original meeting.
When a meeting is adjourned for less than 30 days in any one
adjournment, it is not necessary to give notice of the adjourned meeting
other than by announcement at the meeting at which the adjournment is
taken.'
SECTION 7. VOTING LISTS: Prior to each meeting of members the Secretary of the
Corporation shall prepare an alphabetical list of the members entitled to vote at
such meetings, with the address of each, which list shall be kept on file at the
registered office of the Corporation. And shall be subject to inspection by any
Member at any time during the usual business hours. This list shall also be
produced and kept open at the time and place of the meeting and shall be subject
to inspection by any Member during the whole time of the meeting.
SECTION 8. QUORUM: A majority of the Members entitled to vote shall constitute a quorum
at meetings of members. If there is not a quorum at the opening of a meeting of
members, such meeting may be adjourned from time to time by'the vote of a
majority of the Members voting on the motion to adjourn; and, at any adjourned
meeting at which a quorum is present, any business may be transacted which
might have been transacted at the original meeting. The members at,a meeting at
acswick, Goines, Wickimr & Mccks, PLLC • 911 Mendell Sma • Morehead City. Nooh Cnmlina 28557 • Telephone 252-nti-2134 • Pax 252-726-7438
Pagc 28 of36

1632315
which a quorum is present may continue to do business until adjournment,
notwithstanding the withdrawal of enough members to leave less than a quorum.
SECTION 9. VOTING: Each outstanding Member havingvoting fights shall be entitled to one
vote on each matter submitted to a vote at a meeting of members.
Except in the election of Directors, the vote of a majority of the Members
voting on any matter at a meeting of members at which a quorum is
present shall be the act of the members on that matter, unless the vote
of a greater number is required by law or by the Charter or Bylaws of this
Corporation.
Voting on all matters except the election of Directors shall be by voice vote or by
a show of hands unless a majority of the Members represented at the meeting
shall, prior to the voting on any matter, demand a ballot vote on that particular
matter.
If approved by the Board of Directors, proxies may be authorized in a form and in
accord with rules adopted by the Board of Directors.
If a condominium unit has multiple owners, those owners shall decide how the
vote for that unit shall be cast.
SECTION 10. INFORMAL ACTION BY MEMBERS: Any action which may
be taken at a meeting of the members may be taken without a meeting
if a consent in writing, setting forth the action so taken, shall be signed by
all of the persons who would be entitled to vote upon such action at a
meeting, and filed with the Secretary of the Corporation to be kept in the
Corporate Minute Book.
ARTICLE III
DIRECTORS
SECTION 1. GENERAL POWERS: The business and affairs of the Corporation shall
be managed by the Board of Directors or by such Executive Committees
as the Board may establish pursuant to these Bylaws.
SECTION 2. NUMBER, TERM, AND QUALIFICATIONS: The number of Directors of the
Corporation shall be three (3) as established by the members at their Annual
Meeting. Each Director shall hold office until his death, resignation, retirement,
removal, disqualification, or his successor is elected and qualifies. Directors need
not be residents of the State of North Carolina or members of the Corporation.
The Directors shall serve three (3) year terms. The election shall be staggered so
that one-third (113) (or as close of 113 as is mathematically possible) shall be
elected each year. The initial "staggering" of terms may be accomplished by lot,
Beswick. Gaines, Wickimr & Meeks, PLLC • 911 Arcndell Strect • Morehead City, Nmth Carolina 28557 • Telephone 252-n6-2134 - Fox 252-728-7438
Page 29 o06

1632316
SECTION 3. ELECTION OF DIRECTORS: Except as provided in Section 5 of this
Article, the Directors shall be by secret ballot at the Annual Meeting of
members; and those persons who receive the highest number of votes
shall be deemed to have been elected.'
If any Member so demands, election of Directors shall be by ballot.
Declarant shall that right to appoint all Directors until the expiration of the
Declarant control period or until it gives written notice of relinquishment of that
right.
SECTION 4. REMOVAL: Directors may be removed from office with or without cause by a
vote of the two-thirds (2/3) of the members entitled to vole at an election of
Directors. The Chairman of the Board of Directors shall be the President. The
Chairtnan/President may not succeed himself.
If any Directors are so removed, new Directors may be elected at the same
meeting.
SECTION 5. VACANCIES: A vacancy occurring in the Board of Directors may be
filled by a majority of the remaining Directors. though less than a quorum
or by the sole remaining Director; but a vacancy created by an increase in
the authorized number of Directors shall be filled only by election of an
annual meeting or at a Special Meeting of members called for that
purpose. The members may elect a Director at any time to fill any
vacancy not filled by the Directors.
SECTION 6. CHAIRMAN: There maybe a Chairman of the Board of Directors
selected by the Directors from their number at any meeting of the Board.
The Chairman shall preside at all meetings of the Board of Directors, and
perform such other duties as may be directed by the Board.
SECTION 7. COMPENSATION: The Directors shall receive no compensation for serving as a
Director. However, they may be reimbursed for reasonable and necessary
expenses incurred for the benefit of the Corporation.
SECTION S. EXECUTIVE COMMITTEE: The Board of Directors may, by resolution
by a majority of the number of Directors fixed by these Bylaws, designate
two (2) or more Directors to constitute an Executive Committee, which
committee, to the extent provided in such resolution, shall have and may
exercise all of the authority of the Board of Directors in the management
of the Corporation.
Bcswick. Goinn. W ickim & Mccks, PLLC • 911 Aandell.Seat • Morehced City, Nonh Carolina 28557 • Telephone [phone]A - Fm 252-736-7438
Pagc 30 of36 '

1632315
ARTICLE IV
MEETINGS OF THE DIRECTORS
SECTION 1. REGULAR MEETINGS: A Regular Meeting of the Board of Directors
shall be held immediately after, and at the same place as the Annual
Meeting of members. In addition, the Board of Directors may provide,
by resolution, the time and place, either within. or without the State of
North Carolina, for the holding of additional Regular Meetings.
SECTION 2. SPECIAL MEETINGS: Special Meetings of the Board of Directors may
be called by or at the request of the President or Secretary, or any two (2)
Directors. Such meetings may be held either within or without the State of
North Carolina.
SECTION 3. NOTICE OF MEETINGS: Regular Meetings of the Board of Directors
may be held without notice.
The person or persons calling a Special Meeting of the Board of Directors shall
give reasonable notice thereof by any usual means of communication. Such
notice need not specify the purpose for which the meeting is called. Attendance
by a Director at a meeting shall constitute a waiver of notice of such meeting,
except where a Director attends a meeting for the express purpose of objecting to
the transaction of any business because the meeting is not lawfully called.
SECTION 4. QUORUM: A majority of the Directors fixed by these Bylaws shall constitute a
quorum for the transaction of business at any meeting of the Board of Directors.
Once a quorum has assembled, the withdrawal of any member of the
Board from that meeting shall not prevent the continued carrying on of the
business of the meeting, though a quorum may not them remain.
SECTION 5. MANNER OF ACTION: Except as otherwise provided in this section and in
Article VI the act of the majority of the Directors present at a meeting, which a
quorum is present, shall be the act of the Board of Directors.
SECTION 6. INFORMAL ACTION BY DIRECTORS: Action taken by the Directors
without a meeting is nevertheless Board action if written consent to the
action in question is signed by all of the Directors and filed with the
minutes of the proceedings of the Board, whether done before or after the
action so taken.
Bcswick, Goion. Wickiur & Mceks, PLLC 1911 A ndoll Street 1 Morehead City, North Carelina285571 Telcpphono 252-M-21341 Fat 252-726-7438
Pop 21 uf36

1632315
SECTION 7. PROXIES: If approved by the Board of Directors, proxies may be authorized
in a form and in accord with rules adopted by the Board of Directors.
ARTICLE V
OFFICERS
SECTION 1. NUMBER: The officers of the Corporation may consist of a President, a Vice -
President, a Secretary, a Treasurer, and such Vice -Presidents, Assistant
Secretaries, Assistant Treasurers, and other officers as the Board of Directors may
from time to time elect. Any two or more offices may be held by the same
person, except the offices of Secretary and President. All Officers must be
Directors.
SECTION 2. ELECTION AND TERM: The officers of the Corporation shall be elected by the
Board of Directors. Such elections may be held at any Regular or Special
Meeting of the Board. Each officer shall hold office until his death, resignation,
retirement, removal, disqualification, or his successor is elected and qualifies.
The Officers shall serve two (2) year terms.
SECTION 3. REMOVAL: Any officer or agent elected or appointed by the Board of Directors
may be removed by a vote of two-thirds (2/3) of the Board of Directors. Cause;
but such removal shall be without prejudice to the contract rights, if any, of the
person so removed.
SECTION 4. COMPENSATION: The Officers shall receive no compensation for serving as an
Officer. However, they may be reimbursed for reasonable and necessary
expenses incurred for the benefit of the Corporation
SECTION 5. PRESIDENT: The president shall act as Chairman of the Board of Directors and
shall preside over all of its meetings and may call it into session at any time after
first giving proper notice, and he shall also preside at all meetings of members
and shall perform such other duties as shall be assigned him by the Board of
Directors from time to time. He shall, when present, preside at all meetings of
members, He shall sign, with any other proper officer, certificates for membership
of the Corporation and any deeds, mortgages, bonds, contracts, or other
instruments which may be lawfully executed on behalf of the Corporation, except
where required or permitted by law to be otherwise signed and executed and
except where the signing and execution thereof shall be delegated by the Board of
Directors to some other officer or agent; and, in general, he shall perform all
duties incident to the office of President and such other duties as may be
prescribed by the Board of Directors from time to time.
SECTION 6. VICE-PRESIDENT: The Vice -Presidents in order of their election, unless
otherwise determined by the Board of Directors shall, in the absence or
Berwick, Goincs, Wick,. & Meeks, PLLC • 911 Ncndcll Siren - Morehead City, North Carolina 28557 • Telephone [phone] • Fax [phone]
Pagc 32 of36

1632315
disability of the President, perform the duties and exercise the powers of
that office. In addition, they shall perform such other duties and have such
other powers as the Board of Directors shall prescribe.
SECTION 7, SECRETARY: The Secretary shall keep accurate records of the acts and
proceedings of all meetings of members and Directors. He shall give all notices
required by law and by these Bylaws. He shall have general charge of the
corporate books and records and of the corporate seal, and he shall affix the
corporate seal to any lawfully executed instrument requiring it.. He shall have
general charge of the stock transfer books of the Corporation and shall keep at the
registered or principal office of the Corporation, a record of members showing the
name and address of each. He shall sign such instruments as may require his
signature, and in general, shall perform all duties incident to the office of
Secretary and such duties as may he assigned him from time to time by the .
President or by the Board of Directors.
SECTION 8. TREASURER: The Treasurer shall have custody of all finds and securities
belonging to the Corporation and shall receive, deposit or disburse the same under
the direction of the Board of Directors. He shall keep full and accurate accounts
of the finances of the Corporation in books especially provided for that purpose;
and he shall cause a true statement of its assets and liabilities as of the close of
each fiscal year and of the results of its operations and of changes in surplus for
each fiscal year, all in reasonable detail to be made and filed at the registered or
principal office of the Corporation within four (4) months after the end of such
fiscal year. The statement so filed shall be kept available for inspection by any
Member for a period of ten (10) years; and the Treasurer shall mail or otherwise
deliver a copy of the latest such statement to any Member upon his written request
therefore. The Treasurer shall, in general, perform all duties incident and such
other duties as may be assigned to him from time to time by the President or by
the Board of Directors. All checks, drafts, or other methods of paymtent shall bear
two (2) signatures. One shall be the signature of the Treasurer and the other shall
be such person as designated by the Board of Directors.
SECTION 9. ASSISTANT SECRETARIES AND TREASURERS: The Assistant
Secretaries and Assistant Treasurers shall, in the absence or disability of
the Secretary or the Treasurer, respectively, perform the duties and
exercise the powers of those offices, and they shall, in general, perform,
guch other duties as shall be assigned to them by the Secretary or the
Treasurer, respectively, or by the President or the Board of Directors.
SECTION 10. SECRETARY TREASURER: ,The Secretary/Treasurer shall perform all
the duties of. the Secretary and the Treasurer as prescribed herein.
SECTION 11. BOND:' The Board of Directors may by resolution require any or all
officers, agents and employees of the Corporation to give bond to the
aeswick, Goines, Wlekirer & Meeks, -PLLC • 911 Arendell Strut • Morehead City, North Carolina 28557 • Telephone [phone] - Fax [phone]
Page Jl of26

1632315
Corporation with sufficient sureties, conditioned on the faithful
performance of the duties of their respective offices or positions, and to
comply with such other conditions as may from time to time be required
by the Board of Directors.
ARTICLE VI
CONTRACTS, LOANS AND DEPOSITS
SECTION 1. CONTRACTS: The Board of Directors may authorize any officer or
officers, agent or agents, to enter into any contract or execute and deliver
any instrument on behalf of the Corporation, and such authority may be
general or confined to specific instances.
SECTION 2. LOANS: No loans shall be contracted on behalf of the Corporation and no
evidences of indebtedness shall be issued in its name unless authorized by
a resolution of the Board of Directors. Such authority may be general or
confined to specific instances.
SECTION 3. CHECKS AND DRAFTS: All checks, drafts, or other orders for the
payment of money issued in the name of the Corporation shall be signed
by such officer or officers, agent or agents, of the Corporation and in such
manner as shall from time to time be determined by resolution of the
Board of Directors.
SECTION 4. DEPOSITS: All funds of the Corporation not otherwise employed shall
be deposited from time to time to the credit of the Corporation in such
depositories as the Board of Directors shall direct.
ARTICLE VII
INDEMNIFICATION
SECTION 1. INDEMNIFICATION: In addition to the indemnification otherwise
provided by law, the Corporation shall indemnify and hold harmless its
directors and officers against all liability and litigation, expense, including
reasonable attorneys' fees, arising out of their activities in any of the
foregoing capacities or in any capacity in which they are or were serving,
at the Corporation's request in another corporation, partnership, joint
venture, trust or other enterprise; provided, however, that the Corporation
shall not indemnify a director or officer against liability or litigation
expense that he may incur on account of his activities which were at the
time taken known or believed by him to be clearly in conflict with the best
interests of the Corporation. The Corporation shall also indemnify the
director or officer for reasonable costs, expenses,. and attorneys' fees in
connection with the enforcement of the right to indemnification granted
aeswick, Goino, wiekim C. Flecks, PLLC • 911 Amndcll SVttI • Momheed City, NnM C,00lin, 28557 • Telephone [phone] • Fm 252-7267438
Np 34 of36

1632315
herein, if it is determined in accordance with Section 2 of this Article that
the director or officer is entitled to indemnification hereunder.
SECTION 2. DETERMINATION: Any indemnification under Section 1 shall be paid by the
Corporation in any specific case only after a determination that the director or
officer did not act in a manner, at the time the activities were taken, known or
believed by him to be clearly in conflict with the best interests of the Corporation.
Such determination shall be made (a) by the affirmative vote of a majority (but
not less than two) of all the directors of the Corporation. who are not or were not
parties to the action, suit, or proceeding out of which the liability or expense for
which indemnification is to be determined arose, or arose is not asserted
("disinterested directors"), even though less than a quorum, or (b) if a majority
(but not less than two) of disinterested director so direct, by independent legal
counsel in a written opinion, or (c) by the vote of a majority of all of the Members
other than those who were parties to such action, suit or proceeding or against
whom such claim is asserted, its interested Members, or (d) by a court of
competent jurisdiction.
SECTION 3. ADVANCED EXPENSES: Expenses incurred by a director or officer in
defending a civil or criminal claim, action, suit or proceeding may, upon
approval of a majority (but not less than two) of the disinterested directors,
even though less than a quorum, be paid by the Corporation in advance of
the final disposition of such claim, action, suit or proceeding upon receipt
of an undertaking by or on behalf of the director or officer to repay such
amount unless it shall ultimately be determined that his is entitled to be
indemnified against such expenses by the Corporation.
SECTION 4. RELIANCE AND CONSIDERATION: Any director or officer who at
any time after adoption of this Article serves or has served in any of the
aforesaid capacities for or on behalf of the Corporation shall be deemed to
be doing or to have done so in reliance upon, and as consideration for, the
right of indemnification provided herein. Such right shall inure to the
benefit of the legal representatives of any such person and shall not be
exclusive of any other rights to which such person may be entitled apart
from the provisions of this Article. .
SECTION 5. INSURANCE: The Corporation may purchase and maintain insurance on
behalf of its directors and officer and those persons who were serving at
the request of the Corporation in any capacity in another corporation,
partnership, joint venture, trust or other enterprise against any liability
asserted against him and incurred by him in any such capacity, or arising
out of his status as such, whether or not the Corporation would have the
power to indemnify him against such liability under the provisions of this
Article or otherwise, Any full or partial payment made by an insurance
company under any insurance policy covering any director or officer made
to or on behalf of an indemnification under this Article shall relieve the
aowkk, Goines, Wickinr & Meeks, PLLC • 911 A ndell Street • Morchesd City, Noslh Ceroline 28557 • Telephone 252-n&2134 - Fes 252-726-7438
P48e 35 of36

1632315
Corporation of its liability for indemnification provided for in this Article
or otherwise to the extent of such payment, and no insurer shall have a
right of subrogation against the Corporation with respect to such payment.
ARTICLE VIII
MISCELLANEOUS
SECTION 1. SEAL: The corporate seal of the Corporation shall consist oftwo (2)
concentric circles between Which is the name of the Corporation and in the
center of which is inscribed SEAL; and such seal, as impressed on the
margin hereof, is hereby adopted as the corporate seal of the Corporation.
SECTION 2 WAIVER OF NOTICE: Whenever any notice is required to be given to any
Member or Director under the provisions of the North Carolina Nonprofit
Corporation Act or under the provisions of the Charter or Bylaws of the
Corporation, a waiver thereof in writing signed by the person or persons entitled
to such notice, whether before or after the time stated herein, shall be equivalent
to the giving of such notice.
SECTION 3. FISCAL YEAR: Unless otherwise ordered by the Board of Directors, the fiscal
year shall be the calendar year
SECTION 4. AMENDMENTS: Except as otherwise provided herein, these Bylaws may be
amended or repealed and new Bylaws may be adopted by the affirmative vote of a
two-thirds (2/3) of the Members of the Corporation at any regular or Special
Meeting of members.
Except by the. unanimous affirmative vote of all Members, the Members shall
have no power to adopt a Bylaw:
(1) requiring more than majority of the Members for a quorum at a meeting of
members or more than a majority of the votes cast to constitute action by the
members, except where higher percentages are required by law or by these
Bylaws;
(2) providing for the management of the Corporation otherwise than by
the Board of Directors or its Executive Committees;
(3) altering the qualifications for Directors.
Baswi,k. Goiros, Wickiar & Meeks, PI.LC • 911 Mendell Sven • Morehead City, North Caroline 28557 • Telephone [phone] • Fee 252-726-7438
Page 36 of36

W
>
a
0
Y
ID
BLVD
Jw11E=
a
WEST
EAST FORT
MACON BLVD.
BOGUE BLVD EAST
TERMINAL BLVD E.
o
A
m
BOGLE BLVD. EAST
TERMINAL BLVD.
a
W
J
J
>
Z
W
W
2
V
EASE ORT MA CON BLVD.
RECEIVED
APR 26 2017
DCM- MHD CIT
RECEIVED
APR 2 6 2017
THE PINNACLE
ATLANTIC BEACH. CARTERET COUNTY NORTH CAROLINA
CLIENT: J & B EAST PROPERTIES. LLC DESIGNED:
C/O MAX BARBOUR RDC/GYT
ADDRESS: PO BOX 97397 DRAWN:
RALEIGH. NC 27624 RDC/GYT
PHONE: [phone] CH CK :
RDC/GYT
A STROUD ENGINEERING. P.A. AP OVED:
V 107B COMMERCE STREET CYT
GREENVILLE. N.C. 27858 DATE:
[phone] LICENSE NO.C-0647 4/18/17

BOGUS SOUND
..,... ....... ...... I II } I
�+ � ....,- -..... ...... ....� µ` ...... ...... ...... gip, I � f
MONEY
ISLAND BAYAv
SITE •_^,3 n.n.. "'``
MA .1�� MA '� '�`tia °MIEXw.�i`L41M Ci IMT.M. iE1Wpi`�°` \ I In I
AM °� ♦.w�°1'X� ' y ' '• • • ♦� ' , '.- xC1eN1 w°x w., r Y I \ 13 j
ttq • a •viMxO Q1d1 Cf y v : t � ` '° / Nl 1 �112 I I 'I°i 4 °• I
w-52n a ♦+�q� .,♦ �', [SM�.i.I'i' ATLANTIC OCEAN ,T, a AFC— I BECKY H WSE s, l..• — — — —-
-w• •F .p- N I � pB n8. g4 8°0 � • � � s �-
oistuc
VICINITY MAP • �. Y I Y �\ �. wMpxw Y i "j
• tz za t xsa3 4p a
..7 7 J su°�"px w
• 5.� xu -°'� Ji1Bl'IL;t71P-\.1 •" °`� ." \ �y� I �°v °�p`c°• .,. �J... ,g�y ,y ° / t'm
�....` .9V—Fill-�` •"'='Lx\_.—._.�± +C2 b".y I L r ® `E ! Y I
M~ Ma NIVKIUQYAID NOT
� Ate,. �� � ,I�6N, • .A.� 1�MIC _ � � i w�= �
Z.
n up
-k I
Sam i
.....^ ^^^ ....0 ....^ .•� •mom ^9 °o. g ��� I
p 1 .� •1� ° w..a�wyy apm n Y '.' ... Ey '" °i,8 '�2.°'� I-' ''W I
,15 I
\� �i
4
jai
♦ � �"'�'\ BNi Ufi \� �Nf •u ��\ \ a I fbt'4p a \ � ° i >'
` 41 • \ D
♦
,� • '�'' �A �� F � :. N"N�w EN � .�4et"xsNE "° �W pR° 'd t �°+
Ay 1 ♦ c can Y w$ p YQ$ 1 REC IV�D
wl°Ggi \� ♦ y, t, / u. y YE N 15'081p E .11 J., A
_ ¢ G W;m TRACT 2 m =°1 APR 2 201711
LEGEND `e1rlr F e f' °E Yc 0.126 ACRE /
CLD = CENTERLINE OF DITCH li..- Y Z"r �•�U p5y� N1P1�°M "" a MARK BAKE ,/ n 1
SW = SIDEWALK �R \ NWE'tlNE / 0 �J � I � �� DCM- N 4;ITY
CLR = CENTERLINE OF ROAD n xw i
6
R/W = RIGHT-OF-WAY
WER
IN = DROP INLET POLE _ _ _
LP = LIGHT POLE •1 ^^-� — ° J` `'
MH = MANHOLE / " " I y E REVISIONS:
TPED = TELEPHONE PEDESTAL Idl �; MC8CJJJ�LLCC R E C E
BC = BACK OF CURB-
B
WV = WATER VALVE
WM = WATER METER
BW = BLOCK WALL
EW = EDGE OF WATER
UCT = UNDERGROUND CABLE TELEVISION
.�
UE - UNDERGROUND ELECTRIC
EIP = EXISTING IRON PIPE
ECM = EXISTING CONCRETE MONUMENT
EM = ELECTRIC METER
GYE = GYE WIRE
NOTES
NPS = NO POINT SET
1. THIS PROPERTY IS LOCATED IN A SPECIAL FLOOD
HAZARDOUS AREA AS DETERMINED BY THE FEDERAL
SHEET WCl OF 5
PROJECT w: PM2451-002
DESIGN FILE W: PM2451-002 PINNACLE ATLANTIC BEACH.DGN
EMERGENCY MANAGEMENT AGENCY. ELEV.-7.04-8.04 v 'u IM
(NGVD 1929) ZONE AE, REFERENCE: FIRM 3720638500J, PROJECT SIGN. TREE AND BUSF
DATED JULY 16, 2003. GAZEBO AND MOVED POOL HOUSE
2. THE NORMAL HIGH WATER LINE WAS DETERMINED BY POOL FENCE. UPDATED SITE DI
THE DIVISION OF COASTAL MANAGEMENT. NC 58. FIRE PROTECTION NOTE
3. MOBILE HOMES AND STRUCTURES HAVE BEEN SITE LIGHTING. MOD 1 F I ED 30'
REMOVED. 3.NO CHANGES MADE TO THE APPF
DETAILS ASSOCIATED WITH DES
40 20 0 40 80
SCALE: 1 "= 40'
APR 26
2011
DCM- MH
PREVIOUSLY EXISTING UPLAND DEVELOPMENT &
,4,41N191111111/o�
CURRENT MARINA PLAN
THE PINNACLE
,.�`451?��. ssR��'ti'-,
S ;Q.O � 9 :
ATLANTIC BEACH. CARTERET COUNTY NORTH
CAROLINA
z aR 9�; L
L
CLIENT: J d B EAST PROPERTIES. LLC
DESIGNED;
RDC/GYT
- •
C/0 MAX BARBOUR
3 70
ADDRESS: PO BOX 97397 -
DRAWN:
•
RALEIGH. NC 27624
RDC/GYT
�' Y•:C / �•
Q ��
PHONE: [phone]
CHECK
•°
����i
RDC/GYT
_ Y _..���,
S STROUD ENGINEERING. P.A.
Appm IIV
LICENSE NO. C-0647

SITE DATA
N w wwn
TOTAL TRACT SIZE - 1.279 ACRES (CIS) Anw i.nA
PM . 6WI3139565D00 n.tx wnn nnn MA Ann .0"
NUMBER OF COIIDWINIUMS� 12 -�-« nnA www AAA
Awn -vn AAA
AAA Mn AAA AAA AAA AAA
0Ex5RY . 9.38 uwis/AC
PARKNG REWIRED - 18 Ann AAA + Anw+ 4Y m+srrL XE1u�-µ MM1 I
PNMNC PROVNEp . 25+ 1HC SPC+26 TOTAL w.v. A ' + + + + ARA •� AAA x
ZONING DISTRGT - Rs
+IaPL'> ' x x NMI
Awn + ' x x • � uNNr 6 �A,tp'=�( /
OPEN SPACE REWIREYENTS 200 W PER UNIT
OPEN SPACE REWIRED 2400 SF d x
Ann . Bw `W HOUSE
/
OPEN SPACE PRWIOED )550 SF SHOWN
Mw i - nl4 R4 i9i9' w 3X�i(LPO£J� �• / / /
DEVELCFSIbM ENTIRE
AREA 6 RE PARCEL 11N ACRES 912464ViI wF +������
$g61 4-
296sT
___ _—_____la
MA 3.5' X 3M' 13 I - i
ROATING FINGER
PIT W/ GANGWAYMARINA
BOAT
AIP
Ann M�6 ' I I
SEPTIC AREA
w.... . .'
wnn 2 Ann
\6� i T I
5 6�a''%r
C39 7777
x Mn Mn uAAT \� �A»� Y I r ' B IV WIEp1F N 1A061 E 140.11 IX�F
NNE441� W FASFIQRTRA(T 2
x AAA J i a (/ SwWC fVCI
s �
0.126 ACRE
An..
-- [--- ---_ m]K56. BAKER
I
/73r_ � 5
IT5141 N. N '5`W 6' E 1M.W Ly
� x � OSxN IFNNK
•� y + nAn MA ' AAA � FMIeN: R»2
GENERAL NOTES
1. LAYS RESPONSIBILITY FOR WATER LINES ENDS AT THE WATER METER
2. ALL UTUTIES WILL M UNDERGROUND.
1 WATER AND SEWER SERVICES TO BE SCHEDULE 40 WC.
4. NCDOT DRIVEWAY PERMIT AND ENCROACHMENT AGREEMENT 6 REWIRED.
5. GAS/UTILITY EASEMENTS IS IDS IN WIDTH AND IS CENTERED OVER GAS UNES AS INSTALLED.
R. TRASH COLLECRON TO BE PROVIDED BY A PRNATE SEFMCE
]. NO LARGE
TREES TO BE PED IN THE &ARMY SEWER OR WATERLINE EASEMENTS.
& ALL ELEVATIONS ARE REIATNE TO NATIONAL VERTM GEODETIC DATUM.
9. STORM WATER MANAGEMENT PLAN IS REWIRED.
10. EROSION CONTROL F1AN IS REWIRED.
11. THIS PROPERTY IS LOCATED IN A SPECML FLOOD 1NZMWUS AREA AS DETERMINED BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY. REF: FIRM 3720638500J. DAM: JULY 16. 2003. ELEV. =8 (NGVD
1988), ELEV-9.04 (NOJD 1929)
12. A NADI UMA PERMIT WILL BE REWIRED.
13. CONSTRUCTION PLANS AND SPECIFICATIONS SHALL BE APPROVED BY ATLANTIC LEACH PRK)R TO
CONSTRUCRW OF ANY WATER OR SEWER MANS.
14. PAVED AREAS SMALL BE COMPACTED TO 95K MAXIMUM DRY DENSITY COCEPT MR THE TOP 6' OF
SUBGRADE WNX:H SHALL BE COMPACTED TO 100 MAXIMUM DRY DENS" IN ACCORDANCE WITH AASNTO-799.
15. AGGREGATE WE COURSE SHALL BE TYPE ABC CONFORMING TO SECTION 520 OF THE NCOOT STANDARD
SPECIFICATIONS DATED 1990.
16. BRUMINOUS CONCRETE SURFACE SHALL BE TYPE 1-2 CONFORMING TO SECTION 645 OF THE NCOOT
STANDARD SPECIFICATIONS.
I). CONCRETE SIDEWALI6 SHALL BE IN ACCORDANCE WITH SECRON 80 OF THE NOWT STANDARD
SPECIFICATIONS.
1& GRADING SHAL BE IN ACCORDANCE WITH SECTION 226'ROADWAY EX•CAVATW OF THE NCOOT STANDARD
SPECIFICAnoNS MTED JANumw 1, 1990.
19. THE CONTRACTOR SKNL BE RESPONSIBLE FOR THE LOCATION OF ANY UIETING UNTIES AND SHALL
NOTIFY NO ONE CALL (1-BOD-632-4949) AT LEAST 48 HOURS PRIOR TO COMMENCING CONSTRUCTION IN
ORDER THAT EXISTING UTILITIES IN THE AREA MY BE FLAGGED OR STAKED.
20. THE CONTRACTOR SHALL GUARANTEE ALL MTERAS AND WORKMANSHIP FOR THE CONSTRUCTION OF THE
ROADWAY. DRAINAGE. WATER UFUTIES AND SEEDING FOR A PERIOD OF ONE YEAR FROM THE DATE OF
♦♦,♦\111//1/IN #
• N CAq •,
LEGEND
lzo2e"
CUD CENTERLNE OF DITCH
W = SIDEWALK
LR = CENTERLINE OF ROAD
B - TOP OF BANK
R/W - RIGHT-OF-WAY
PDR PO E
DROP INLET
=UGH' PoLE
H = MANHOLE
PED =TELEPHONE PEDESTAL
C = BACK OF CURB
M'V -WATER VALVE
M = WATER METER
BW = BLOCK WALL
EW = EDGE OF WATER
UCT . UNDERGROUND CABLE TELEVISION
UE UNDERGROUND ELECTRIC
OF = EXISTING IRON PIPE
ECMEXISTING CONCRETE MONUMENT
EM = ELECTRIC METER
GYE = GYE WIRE
NPS - NO POINT SET
RH— = NEW BULKHEAD
EXISTING BULKHEAD
FLOATING DOCK
BOARDWALK
()WATER DEPTH AT LOW TIDE (04/28/06
NHW - NORMAL HIGH WATER
o 0 0 0 = PERVIOUS PAVEMENT
m
,�S•'E W� M1�Wa -
♦♦♦♦OPT •�•�•� 0� �i� SITE PLAN
S • "
'♦?Qe°�� S�O929�= THE PINNACLE
$�L S
ATLANTIC BEACH. CARTERET COUNTY NORTH CAROL IAA
36970 CLIENT: ,1 d B EAST PROPERTIES. LLC DESIGNED:
C/0 MAX BARBOUR RDC/GMT
I ♦♦ ADDRESS: PO BOX 97397 DRAWN:
RALEIGH. NC 27624 RDC/GYT
RECEI�1111",�♦♦ PHONE: [phone] H CKED:
ACCEPTANCE AND FINAL PAYMENT FROM THE OWNER.
ED 1 �. I `.�- S STROUD ENGINEERING, P.A. APPROVED:
21. PARKING LOT M BE STRIPIN ACCORDANCE WITH THIS PLAN. 'L/ l 107B COMMERCE GYT
HIGH
22. THE NORMAL WATER UNE WAS DETERMINED BY THE DMCOASTAL
SION OF CSTAL MANACEMEM. 40 20 0 40 80 APR 2 6 201 6 GR ENVILLE, N C. 27858T DATE:
SHEET WC2 OF 5 [phone] LICENSE NO. C-0647 4/1
PROJECT as PN2451-802 SCALE: 1 "= 40'
DESIGN FILE atPM2451-062 PINNACLE ATLANTIC BEACH.DGN rtf%RA 11AUn r%lT'V

CONSTRUCTION SCHEDULE AND MAINTENANCE PLAN MAINTENANCE PLAN ..nn '
CONSTRUCTION SCHEDULE: 1. ALL EROSION RI SEDIMENT CONTROL PRACTICES WILL U CHECKED FOR
SUTINIY AND E LESS
TI FOLLOWING EVERY RUN-OFF PRODUCING WILL BE,
BUT IN ME CASE LESS THAN ONCE EVERY WEEK. DESIGNED.
REPAIR WILL BE AnA
1. OBTAIN PLPN MPRDVALS AND ALL APPLICABLE PERMITS. -inn nnA nnw I
2. MG LIMNS OF ROUGH GRADING FOR BUILDING SITE, PARKING L0A5 VIVO MADE IMMEDIATELY TOM REMOVED
ALL PRACTICES AS DESIGNED.
2. SEDIMENT WILL BE REMOVED FROM THE SILT FENCE WHEN R BECOMES
ESTABLISH GRADE LIMITS AS NEEDED. '•'�'� '-^n Ann nnA
3. HOLD PRE -CONSTRUCTION MEETING WITH GRADING CONTRACTOR. 0.5 FELT OVER
NCDEHNR REPRESENTATIVE, PROJECT ENGINEER AND OWNER 3. ALL SEEDED AREA WILL BECI FERTUZ IN RE -SEEDED VE NECESSARY, AND I I
4. PREPARE TEMPORPRY CONSTRUCTION ENTRANCE. PREPARE SITE MULCHED ACCORDING ET SPECCOVER.N IN THE VEGETATIVE PLAN TO MNNTNN A .v.n Mn Ann nnA I I
DEMOLITION. 4. N-1- TEMPORARY DENSE VEGETATIVE COVER. I I I I
5. INSTALL SILT FENCE ALONG PROPERtt UNE AHD CO45TAL WETUVIDS. 4. PLL IOOFCO EROSION GAMBOL MEASURES WILL BE REMOVED UPON M-� nnA AAA nnn
B. INSTALL AND FENCE
NEW BULKHEAD. COMPLETION OF CONSTRUCTION AND SAABIUZATON OF GRADES.
7. INSTALL SILT FENCE ALONG BULKHEAD. Ann 8. INSTALL ATRENCH $VSIEM. Iv •Y • •• •ll,
9. CONSTRUCT BUILDINGS.
1. INSTALL GEODETIC FABRIC ND PROTECT SLOT GRANS.
11. E UTILITIES. 2•I.•[TAr�A BagK °°°' nxnont snwxn w
•• e
/Y I II `
W1p1=T . W� • • x • • • • N N n
I& PLACE CABC AND ROUGH GRADE STONE. • 'W ' • " ' " • �n " •� v 4i `
14. INSTALL CURB hGUTTER- • x m15T W �,.tt / / / 1\
S' BRING LANDSCAPING AREAS TO WITHIN 6. OF FlNAL GRADE, REMSIRIBUAE • • • r _� �F•.
6' i0FI OF SOIL. � •� /�
1. FINE GRADE PRKNSEED AND MULCH ALL LPNDSCA'RFAS. x M BECKY HOUSE +, (Y •+ Y X/ /
Y I I Y I C8 T9B. 6E BBB /
16. FINE GRADE PAARKINGG LOTS INC NAND PAVE.
GR STABUZATION SHAG OCCUR WITHIN 15 WY$ OF COMPLETION OF
GRADING OPERATORS. -N^^ C• I �\T. \ I /
18. AOODIONPL EROSION AND SEDIMENTATION CONTROL MEASURE MAY BE 912961Yi 11NL��� B. v r+ ,•• \ jq SBjgYK Y / /
REQUIRED BY NCDEHNER IF DEEMED NECESSARY. a�1
NOTES \ "°-
L
15'RIPII�t_SETBiCK.�_ Y Y I - - a _ _ _ .1sT
1. THIS PROPERTY IS LOCATED IN A SPECIAL FLOOD
HAZARDOUS AREA AS DETERMINED BY THE FEDERAL o 13
EMERGENCY MANAGEMENT AGENCY. ELEV.=7.04-8.04 ^^-� nwA I 7
(NGVD 1929) ZONE AE, REFERENCE- FIRM 3720638500J, BOAT -93
DATED JULY 16, 2003. • nn.. '� - i
2. THE NORMAL HIGH WATER LINE WAS DETERMINED BY A
DIVISION
THE DIVISION OF COASTAL MANAGEMENT. BWT
3. ROOF DRAINS WILL BE CONNECTED TO THE j Y yI
STORMWATER COLLECTION SYSTEM. An,. .99 •��) ..n.. �"'•°' ( i e �I
nw
AAw Ann nnn .Py+j I )
.SVm a •Y%z 1 •EW�FWtn_Lnx1J
'= "'� "� • � � �-" I _ ........ E •E t. � r6 Po � rn I `� �I a
o
_9orp11i aU�r
x .gg n,µ ooL 0
e�gm�1 LJ
x µn A�.n ��p�• ti���A
• '"� B�Ki MFf `' 1 1
Ann •� •-� o
x nnA
4gy'•Ky9
x ''•`'` Ann "`.`�'
x •
.Ry
LEGEND
•LSi
CUD = CENTERUNE OF DITCH u
SW = SIDEWALK
^^^
CUR = CENTERUNE OF ROAD
TB = TOP OF BANK
C
.PA R/W = RIGHT-OF-WAY
PP = POWER POLE
DI = DROP INLET
LP = LIGHT POLE
MH = MANHOLE
TEED = TELEPHONE PEDESTAL
BC = BACK OF CURB
WV - WATER VALVE
WM - WATER METER
BW = BLOCK WALL
EW = EDGE OF WATER
UCT = UNDERGROUND CABLE TELEVISION
UE = UNDERGROUND ELECTRIC
EIP EXISTING IRON PIPE
ECM = EXISFNG CONCRETE MONUMENT
EM = ELECTRIC METER
DYE = GYE WIRE
NPS = NO POINT SET
NEW BULKHEAD
EXISTING BULKHEAD
®= FLOATING DOCK
®= BOARDWALK
D WATER DEPTH AT LOW TIDE (04/28/06)
HIM = NORMAL HIGH WATER
JB = JUNCTION BOX
RD = ROOF ORAN
o O O o = PERVIOUS PAVEMENT
SHEET'WC3 OF 5
PROJECT N: PN2451-1102
DESIGN FILE Y: PM2451-002 PINNACLE ATLANTIC BEACH.OGN
u T+T.1
LJ� L8; \9i 10�
If--------------\\r1A I-:
o- ,.fit
Y 1 2
YBL
'
1L
q/ O J
�)I
A >R4�POE �
�.MN
qqqqq}[�; a
ryGy /
•
*�' i.
Y Y
NiT
a
x
Jl STORMINATER DATA
TRACT AREA - 46.017.59 SF +/-
PRE-E%ISTINC IMPER40U5 = 14.915 SF
PRE-EXISTING % IMPERVIOUS - 32.41%
Al WRHIN 75' AEC = 24.140 V
PRE -DEVELOPED IMPERVIOUS AREA WITHIN 75' Al • 7,284 SF
% IMPERVIOUS - 3L2%
POST -DEVELOPMENT IMPERVIOUS AREA WITHIN 75' AEC = 6.850 SF
% IMPERVIOUS = 281
PROPOSED IMPERVIOUS
BUILDING = 10,146 SF (INCLUDES COVERED SIDEWALK a ELEVATOR)
PANTING = 1,239 SF
PERVIOUS DRIVE • 1.476 SF (IOR OF 3,6l SF)
POOL BUILDING • 245 SF
POOL APRON = 870 SF
DUMPSTER PAD = 116 SF
FURIRE I - 823 SF
TOT& = 14.91s SF
NOTES:
i.ORIGINAL DESIGN DRAWINGS SIGNED. SEALED AND
DATED 12/6/06 BY J. STEPHEN JANOWSKI AND CADD
FILES PREPARED BY:
B Baldwin and ASSOCIATES
ENGINE AND P LAND INGDRVEYING
1015 CONFERENCE DRIVE
A (252 M]LLE NI 278M
2.FOLLOWING ITEMS REVISED OR ADDED BY STROUD
ENGINEERING. PA: BIKE RACK.MOVED WATERLINE
AND EASEMENT TO WESTERN PROPERTY LINE.
PROJECT SIGN. TREE AND BUSH REMOVAL. DELETED
GAZEBO AND MOVED POOL HOUSE TO GAZEBO LOCATION.
POOL FENCE. UPDATED SITE DATA. SIDEWALK TO
NC 58. FIRE PROTECTION NOTES, MARINA STANDPIPE,
SITE LIGHTING. MODIFIED 30'BUFFER AND 75'AEC.
3.NO CHANGES MADE TO THE APPROVED BMP(S) OR ANY
DETAILS ASSOCIATED WITH DESIGN.
0 20 B 40 :4
2• raBalgN Tl
YpENt
Y
MARK BAKE
SEAL
RECE1V !VINIt'll
�ati•Naa
�q'FN i �r3`61,
�c
APR 2 6 2017it' IS 1g--
45
li
III
11
46
I� b
n-
d
m
REVISIONS:
EROSION d STORM WATER MANAGEMENT PLAN
THE PINNACLE
ATLANTIC BEACH. CARTERET COUNTY NORTH
CAROLINA
CLIENT: J & B EAST PROPERTIES. LLC
DESIGNED:
C/O MAX BARBOUR
RDC/GYT
ADDRESS: PO BOX 97397
DRAWN:
RALEIGH. NC 27624
RDC/GYT
PHONE: [phone]
CHECKE •
RDC/GYT
3 STROUD ENGINEERING, P.A.
A OVED:
107E STREET
GYT
CMILLERN.C. 27858
DATE :
[phone] LICENSE NO. C-0847
4/18/17
SCALE:
1"= 40'

NOTES:
WIRE SHALL BE A MINIMUM OF 32'
IN WIDTH AND SHNL HkV A MINIMUM
OF 6 UNE WIRES WIM 12' STAY
SPACING.
FILTER FABRIC SHALL BE A MINIMUM
OF 36' IN WIDTH AND BHALL BE
FAST:NED ADEQUATELY TO THE WIRE AS
DIRECTED BY THE ENGINEER.
STER POST SMALL BE 5'-0' IN
HEIGHT AND BE OF THE SELF -FASTENER
ANGLE SLEII TYF£
WOVEN FILTER FABRIC
EXISTING GItAOE
FILTER FABRIC
0'
COMPACTED DLL
I
6
IDTENSION OF FABRIC AND
WIDE INTO FABRIC
SILT FENCE DETAIL
24"
4' GRwTE
IS MR.— a CO
DEV.
SEEDING AND MULCHING SCHEDULE PER ACRE
THE KINDS OF SEED AND FERTILIZER, AND THE RATES OF APPLICATION
OF SEED, FERTILIZER, AND LIMESTONE, SHALL BE AS STATED BELOW.
DURING PERIODS OF OVERLAPPING DATES, THE KIND OF SEED TO BE
USED SHALL BE DETERMINED BY THE ENGINEER.
LIME............. . ,. .. ,.... _... 2 TONS/AC
10-10-20 --- .,. .. .1,000 LBS/AC
0 20 0....... . .. .... ... ..... ...500 LBS/AC
STRAW MULCH ......... ._ ----------- 2 TONS/AC (AFTER SEEDING)
ASPHALT TACK______________________ .....200 GAL/TON OF MULCH
JANUARY
1-DECEMBER 31
50#
TALL FESCUE
5#
CENTIPEDE
50#
PENSACOLA BAHAGRASS
500#
FERTILIZER
4000#
LIMESTONE
SLOPES 2:1 AND STEEPER AND WASTE AND BORROW LOCATIONS:
JANUARY 1-DECEMBER 31
75# TALL FESCUE
50# PENSACOLA BAHIAGRASS
500# FERTILIZER
4000# LIMESTONE
WAT.W FILTER FABRIC
-CAP W/ RUGGER BNID
057 WASHED STORE
E'
BY-PASS CONTROL STRUCTURE
PLAN
MNimu RING
a COVER
GENERAL NOTES:
-CUSS 'AA' CONCRETE TO BE USED.
-FORMS TO BE OSED FOR CONSTRUCTION OF BOTTOM SUBS.
-ALL MOI JOINTS TO BE 1/2' KUS OR MINUS 1/8'.
-JUMBO BRICK WILL BE PERMBIEO. DROP INIEIS SHALL BE
PROVIDED 111111 STEPS 1'-2' ON CENTER.
-STEPB TO BE IN ACCORDANCE WITH COY OF GREEIMLLE
STANWRD NUMBER 25.12.
CONSTRUCTION ENTRANCE/EXIT DETAIL
4' PERNFepC CONCRETE
' 6' CFtmAU, BASE ...a .
10' Tic
-P/ WEIR
�4 CLEAN SAND ' = LWO.EN FILTER FABRIC i
10' %PE
' 8' BY-PASS WEIR ELEV. 52B
MEW 2.0' SEASONAL NIGH WATER TABS _
t0' PPE
INFILTRATION TRENCH DETAIL
N.T.S. 10' RCP 10' RCP
IW 4.43—�Y. ./ IINV, 4.43
ml . • . . . . INV. 3.87
NOTE:
EUNATONS ARE MEAN SEA LEVEL NGYD 1929
( ) = DEPTH BUM NORMLL WATER L L
R/N
I�_�_ iIi i i i i iii I--
II�—� I ii'I i i i i iii I111 ICI'
CROSS SECTION THROUGH PROJECT
N.T.S.
SHEET WC4 OF 5
PROJECT u: PN2451-OW
DESIGN FILE a: PN2451-002 PINNACLE ATLANTIC SEACH.DGN
4" CONCRETE W/ 6" GRAVEL BASE
FLOW SPREADER - PLAN
25' CONCRETE
SPREADER WRH
BLOCK RETANING WA
520
FLOW SPREADER - PROFILE
NOTES:
1.ORIGINAL DESIGN DRAWINGS SIGNED. SEALED AND
DATED 12/6/06 BY J. STEPHEN JANOWSKI AND CADD
FILES PREPARED BY:
B Baldwin and ASSOCIATES
UENGINEERING, ]AND SURVEYING
AI AND PLANNING
1015 CONFERENCE DRIVE
A GREENNI_ E RC, 27858
[phone]
2.FOLLOWING ITEMS REVISED OR ADDED BY STROUD
ENGINEERING. PA: BIKE RACK.MOVED WATERLINE
AND EASEMENT TO WESTERN PROPERTY LINE.
PROJECT SIGN. TREE AND BUSH REMOVAL. DELETED
GAZEBO AND MOVED POOL HOUSE TO GAZEBO LOCATION.
POOL FENCE. UPDATED SITE DATA. SIDEWALK TO
NC 58. FIRE PROTECTION NOTES, MARINA STANDPIPE.
SITE LIGHTING. MODIFIED 30'BUFFER AND 75'AEC.
3.N0 CHANGES MADE TO THE APPROVED BMP(S) OR ANY
DETAILS ASSOCIATED WITH DESIGN.
4.DETAILS TAKEN FROM SHEET 3 OF 5 OF THE ORIGINAL
DRAWINGS REFERENCED ABOVE. ADDED BOAT LIFT DETAIL
RECEIV
APR 2 6 2017
US FOUROARY 51 P5 VM
GtTER INLET AND 6148 FRAME
SEDIMENT TRAP DETAIL
24' X 36' INSIDE DIMENSION
(N.T.S.)
R
DRAINAGE
SCHEDULE
STRUCTURE
INV.
RIM
DI#1
4.43
537
DI 2
4.43
5.87
DI 3
4.43
5.87
PANTED
wH11E PANT
DI 4
4.43
IN
D 5
4,43
5.57
ED STONE
DI 6
4.50
6.40
01 7
4.90
6.54
BOAT LIFT CROSS SECTION
74YGPm
SAIER
LATER
EROSION & STORM WATER MANAGEMENT PLAN
j111"„III
THE PINNACLE
A CAgo.,,4•
LESS/o'•.� 2 .�
ATLANTIC BEACH, CARTERET COUNTY NORTH
CAROLINA
'9
:
9<.
CLIENT: J IS B EAST PROPERTIES. LLC
DESIGNED:
C/O MAX BARBOUR
RDC/GYT
DRAWN:
SEAL
ADDRESS: PO BOX 97397
697
RALEIGH. NC 27624
RDC/GYT.
` Q'`�
/GIN �:•'•
PHONE: [phone]
RDC/GYT
j STROUD ENGINEERING. P.A.
GYT FMM_V
'••....••
Y. TJ..�`
6 107B COMMERCE STREET
LICENSE NO. C-0647

1
WATERPROOF
RECEPTICLE
5/8' SENSUS A
INSULATED 4 HEATED „
ENCLOSURE. XEATo
," W. 12DV SIYI'M
TO BFPRODUCTS m
0 "APT -ROVED EOUAL i
m
TEST COCK A"
STRAINER
TIONAL) M
J L FLOW
TG
CUSTOMER
GATE VALVE
IN VALVE BD
-ALL PIPING SHALL BE
PVC. COPPER. OR BRASS
FLANGE
AOAPTER
6"REDUCED
DETECTOR
SCALE: NOT TO SCALE
.in.� �..wti iww aww wwn
.un wnw I I I
.uw inn Mti .v.n
6 -""` • ^^a. WAiprn,Ad,pTp" r maTN .nwa1'^^ �..�., I I T
BOX . • • MI9CF 9opM www x ' '
METER •V++••'' • • x • ••x • /
x • x x I 1
.As . x• UN°•�Ta.Lm9°sF
IF
CUT-OFF hh.. BECKY HOUSE /
m 799, Pc cee
ATLANTIC
WATER
•
M Yifial
--- — - — - — -
I -_I-------- --- ------------------ WINS, ------
.uw ° 13-
9"1T +[
TAT p ATI I�
U' R I
1 i
INSULATED A HEATER
6'x4' ENCLDSWE. HEATER o ^j I 'N Z' •R
TEE is BFKP 'ROdlCrslAlut�GDoss. p ,,, ° g _ ° $= ° $ ' I 'A $ 6
OR APPROVED EWAL B1, IAGT " '+� R' r r.anvxx
Pm Pw)` ° ° v I : 16 R EI
4•SW INS
CHECK VALVE° HG i I '� .F ax�ittV ply. g
STOR CDRRc qo
TX BALL DRIP
iP ASSE ASSEMBLY 1 I _'.'• c oc S' r..u' ao`•b L - o
° S 1 l
am9 ---- zo,V�--------- i�eob�'LRP.Sb �c`,w'+"o i,
}
ff
"APDA (FIRE) IN ABOVE
„. .ynti 54 • PR `/,y .•f snv<wa �T So I gA I GROUND ENCLOSURE
9
WE
STANDARD BRASS 2-1/2' WALE
3• THREE-WAY 90• BEND
N.S.T. FINE NOSE COINECT IONS
WITH INLETS POSITIONED
WI TN CAPS AND CHAINS
NOR I ZONTALLY
3' BRASS PIPE
3--0
BRASS BASE TO PROVIDE RIGID
MBIINTING FON 6TANGP APE AM
THRUST RESTRAINT
PE TO BRASS ADAPTOR
6' PE PIPE TO
3' 90• BEND
INLETS T ANDPIPE
G'x 3' REDUCER
FIRE DEPARTMENT CONNECTION
SHEET NCS OF 5
PROJECT x: PM2451-002
DESIGN FILE Y: PM2451-002 PINNACLE ATLANTIC BEACHJIGN
F'g �
R
IX ggTM qy:
x
I
2 RPZ (DOMESTIC) IN
ABOVE GROUND ENCLOSURE
MARK BAKER
M 7W. W 921
OBC II'M, G 02
I.GINAL DESIGN DRAWINGS SIGNED. SEALED AND
DATED 12/6/06 BY J. STEPHEN JANOWSKI AND CADD
FILES PREPARED BY:
B Baldwin and ASSOCIATES
ENGINEERING, LAND SURVEYING
STANDARD BRASS 2-17 VALE/A- AND PLANNING
LE N.S.T. 1015 AND
DRIVE
2-1/2• ANGLE VALVE FIRE HOSE CONNECTION WITH 2-1, Al e2NFE) ILEE NC, 27858
WH WITH XANOEEL X 1--leREDUCING ADAPTOR WITH 252]56-1390
,-ITFEMLE CAP AND CHAIN 2.FOLLOWING ITEMS REVISED OR ADDED BY STROUD
ENGINEERING. PA: BIKE RACK.MOVED WATERLINE
AND EASEMENT TO WESTERN PROPERTY LINE.
1--B• 2-1/2' BRASS PIPE PROJECT SIGN. TREE AND BUSH REMOVAL. DELETED 4116E9Et,PT
MOUNTINGBRASS SFOR STANDPIPE TO RDRIGID
ANO POOLGAZEBO
FENCE. MOVED
UPDATEDPOOL
SITEHOUSE
DATA� SIDEWALK TOGAZEBO LOCATION. ,��AI�N CqR •,,1
THRUST RESTRAINT NC 58. FIRE PROTECTION NOTES. MARINA STANDPIPE. �06Q •,.••..•.y0Z,
1 SITE LIGHTING, MODIFIED 30'BUFFER AND 75'AEC. ����••FES$/ •••
RE TD BRASS ADAPTOR o o .
3.THIS SHEET WAS NOT PART OF THE ORIGINAL DESIGN SET. Q`
6' PE PIPE TO . ORIGINAL BASE DRAWINGS REFERENCED ABOVE WERE USED
2-1/2" 90' BERD C¢
INLET STANDPIPE TO GENERATE THE DOMESTIC AND FIRE LINE PLAN. 4dlt
EAL
6•X2 1/2' REDUCER 4.NO CHANGES MADE TO THE APPROVED BMP(S) OR ANY
STANDPIPE CONNECTION DETAILS ASSOCIATED WITH DESIGN.
SCALE: NONE 't.I"i
40 20 0 40 8G RECElV .,F�E,,;VQ,'
SCALE: 1 "= 40' APR 2 6 2017{�--
L �KIL
6-X 2- TEE
2• GV
'X 6• TEE
THE PINNACLE
ATLANTIC BEACH. CARTERET COUNTY NORTH
CAROLINA
CLIENT: J & B EAST PROPERTIES. LLC
C/O MAX BARBOUR
IDESIGNEDi
RDC/GYT
ADDRESS: PO BOX 97397
RACE UGH. NC 27624
DRAWN:
RDC/GYT
- PHONE: [phone]
CH __
•...".."'. GYT
307B COMMERCE STREET
GREENVILLE, N.C. 27858 DATE:
[phone] LICENSE NO.C-0647 4/18
SCALE:
1"=
DCM- MHD CITY