124-96 Minor Mod Island Development Group

I.,
Permit Class
MODIFICATION/NIINOR
/7
STATE OF N,
Department of Enviionmi
Coastal Rest
Major Devi
Permit Number
124-96
Resources
h.
ivifocunental Concern
pursuant toNtliJ it3v-iia_ .• \}
Excavation and/or filling puisuant to NCGS 113-229
Issued to Island Development Group, LLC, 3211 Riverside Drive, Danville,
authorizing development in
Onslow
VA 24541
County at Alligator Bay, Norman's Cr., Mason Cr., off of
SR1568, N. Topsail Bch. as requested in the permittee's application dated 4/30/96, letter for modification dated
3/6/97 and revised work plan (for clubhouse) dated 2/25/97.
This permit, issued on b — b -g I , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) This permit modification authorizes a clubhouse with parking and other amenities as depicted in the
revised work plan. The clubhouse project is located at the intersection of Cape Lane and SR1568.
2) Inasmuch as North Topsail Water and Sewer was authorized by the Division of Water Quality on
May 1, 1997 to provide domestic wastewater service for 23 three -bedroom homes and a clubhouse
in Cape Island Subdivision, this CAMA permit authorizes residential development on 23 of the
proposed 61 lots and a 22' x 36' clubhouse until such time that further allocation of sewer
connections is approved by DWQ.
3) The Division of Water Quality issued revised Low Density Subdivision Stormwater Permit No.
SW8960319 Modification on March 31, 1997 for this project. Any violation of the SWMP will be
considered a violation of this CAMA permit.
(Attached sheet for Additional Conditions)
This permiLaction may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 Departmental approval.
All work must cease when the permit expires on
December 31.1999
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 DEHNR and the
Chairman of the Coastal Resources Commission.
Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pennittee

Island Development Group, LLC Permit #124-96
Page 2 of 2
ADDITIONAL CONDITIONS
4) This permit modification must be attached to the original of permit No. 124-96 issued on September
16, 1996 and be readily available on site when a Division representative inspects the project for
compliance.
5) All conditions and stipulations of the original permit issued on September 16, 1996 remain in force
under this modification unless altered herein.
NOTE: A revised Sedimentation/Erosion Control Plan may be required. Verification
should be obtained from the Land Quality Section, Division of Land Resources,
telephone: [phone].
NOTE: Condition No. 2, under Archaeological Resource Protection of the original of
permit No. 124-96, does not apply to the clubhouse part of the Cape Island project.

Permit Class
MODWICATION/MINOR
STATE
Department of Envi
X Major Devi
pursuant to
X Excavation and/or
Resources
Concern
nnrsuant to NCGS 113-229
Issued to Island Development Group, LLC, 3211 Riverside Drive, Danville, VA 24541
authorizing development in
Onslow
Permit Number
124-96
County at Alligator Bay, Norman's Cr., Mason Cr., off of
SR1568, N. Topsail Bch. as requested in the permittees application dated 4/30/96, letter for modification dated
3/6/97 and revised work plan (for clubhouse) dated 2/25/97.
This permit, issued on io — b —q'i , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) This permit modification authorizes a clubhouse with parking and other amenities as depicted in the
revised work plan. The clubhouse project is located at the intersection of Cape Lane and SR1568.
2) Inasmuch as North Topsail Water and Sewer was authorized by the Division of Water Quality on
May 1, 1997 to provide domestic wastewater service for 23 three -bedroom homes and a clubhouse
in Cape Island Subdivision, this CAMA permit authorizes residential development on 23 of the
proposed 61 lots and a 22' x 36' clubhouse until such time that further allocation of sewer
connections is approved by DWQ.
3) The Division of Water Quality issued revised Low Density Subdivision Stormwater Permit No.
SW8960319 Modification on March 31, 1997 for this project. Any violation of the SWMP will be
considered a violation of this CAMA permit.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 Departmental approval.
All work must cease when the permit expires on
December 31,1999
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 DEHNR and the
Chairman of the Coastal Resources Commission.
.tea—Xoge . Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Island Development Group, LLC Permit 9124-96
Page 2 of 2
ADDITIONAL CONDITIONS
4) This permit modification must be attached to the original of permit No. 124-96 issued on September
16, 1996 and be readily available on site when a Division representative inspects the project for
compliance.
5) All conditions and stipulations of the original permit issued on September 16, 1996 remain in force
under this modification unless altered herein.
NOTE: A revised Sedimentation/Erosion Control Plan may be required. Verification
should be obtained from the Land Quality Section, Division of Land Resources,
telephone: [phone].
NOTE: Condition No. 2, under Archaeological Resource Protection of the original of
permit No. 124-96, does not apply to the clubhouse part of the Cape Island project.

Permit Class
MODIFICATION/MINOR
91
STATE OF NORTH_CAROLINA
, .
Department of Environrftecnt,s ,.,�Iee"altli Bt;Natural Resources
Major Develop meiit'in an Area'df Environmental Concem
pursuant toNCGS113A'-'118,
wDF,.
Permit Number
124-96
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Island Development Group, LLC, 3211 Riverside Drive, Danville, VA 24541
authorizing development in Onslow County at Alligator Bay, Norman's Cr., Mason Cr., off of
SR1568, N. Topsail Bch. as requested in the permittee's application dated 4/30/96, letter for modification dated
3/6/97 and revised work plan (for clubhouse) dated 2/25/97.
This permit, issued on b — b —q 7 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1) This permit modification authorizes a clubhouse with parking and other amenities as depicted in the
revised work plan. The clubhouse project is located at the intersection of Cape Lane and SR1568.
2) Inasmuch as North Topsail Water and Sewer was authorized by the Division of Water Quality on
May 1, 1997 to provide domestic wastewater service for 23 three -bedroom homes and a clubhouse
in Cape Island Subdivision, this CAMA permit authorizes residential development on 23 of the
proposed 61 lots and a 22' x 36' clubhouse until such time that further allocation of sewer
connections is approved by DWQ.
3) The Division of Water Quality issued revised Low Density Subdivision Stormwater Permit No.
SW8960319 Modification on March 31, 1997 for this project. Any violation of the SWMP will be
considered a violation of this CAMA permit.
(Attached sheet for Additional Conditions)
This permiLaction may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 Departmental approval.
All work must cease when the permit expires on
December 31,1999
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 DEHNR and the
Chairman of the Coastal Resources Commission.
- 44w--1 'oge . Schecter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Island Development Group, LLC Permit 9124-96
Page 2 of 2
ADDITIONAL CONDITIONS
4) This permit modification must be attached to the original of permit No. 124-96 issued on September
16, 1996 and be readily available on site when a Division representative inspects the project for
compliance.
5) All conditions and stipulations of the original permit issued on September 16, 1996 remain in force
under this modification unless altered herein.
NOTE: A revised Sedimentation/Erosion Control Plan may be required. Verification
should be obtained from the Land Quality Section, Division of Land Resources,
telephone: [phone].
NOTE: Condition No. 2, under Archaeological Resource Protection of the original of
permit No. 124-96, does not apply to the clubhouse part of the Cape Island project.

Page 26
�s
604L 1/.• PROTECT/ON AND
ENHANCEMENT • . 7
Protect and enhance the state's significant historic properties c*�
NORTH CAROLINA CONSERVATION AND HISTORIC PRESERVATION EASEMENTS BOOKLET
PROMOTED STATEWIDE AND NATIONALLY
In 1994 the HPO provided grant and advisory assistance for the preparation of the booklet
Conservation and Historic Preservation Easements, written and published by the Conservation
Trust for North Carolina. This thirty -eight -page guidebook explains conservation and
preservation easements and their advantages for private landowners who want to protect the
natural, rural, scenic, or historic character of their property. During the past year, the HPO
promoted this publication at statewide meetings and regional workshops. North Carolina's
CLG coordinator, Melinda Coleman, introduced the booklet in a presentation on innovative
grant projects at the August 1996 Certified Local Government Forum in Berkeley, California.
--Melinda Coleman
INVESTIGATIONS ON TOPSAIL ISLAND ADD TO UNDERSTANDING OF COASTAL
PREHISTORY
In late 1996 archaeological investigations were completed at a prehistoric campsite located on
Topsail Island in Onslow County. The work was conducted by Garrow and Associates, Inc.
(now TRC Garrow), an archaeological consulting firm hired by the Island Development
Group, Inc. (IDG), based in Ringgold, Virginia. IDG consists of several investors whose plans
include the development of a sixty -one -lot subdivision on a twenty -five -acre tract, which
contains varying amounts of undisturbed archaeological remains. The archaeological
investigations were undertaken in accordance with conditions included in the Coastal Area
Management Act (CAMA) permit issued to the developers by the North Carolina Division of
Coastal Management.
Under the provisions of the law, any undertaking requiring a joint permit from the U.S. Army
Corps of Engineers and the Division of Coastal Management is reviewed by the HPO for
potential affects on archaeological and historic properties. If, in the opinion of the HPO, the
undertaking may adversely affect a significant historic property, some form of mitigation may
be recommended and made a condition of the permit. Responsibility for carrying out a permit
condition rests with the permitee. In the case of the IDG project, called the C
subdivision, the HPO review noted the presence of site 31ON190, which had been recorded on
the property in 1985. Based on information from comparable sites and situations, the HPO
determined that the archaeological site had the potential to contain substantial undisturbed
cultural deposits and that a program of testing and data recovery was warranted. The CAMA
rA

11a
Page 27
permit included a condition requiring the archaeological investigations prior to initiation of any
ground -disturbing activities in the project area.
As is often the case, however, issuance of the conditioned permit was only the beginning of
long, complex, and often stressful negotiations between the HPO and the developers, who
questioned the need for archaeological investigations conducted at their expense. Once
resolved, there was another protracted discussion regarding the amount and types of
investigations to be undertaken. The results were a compromise acceptable to both sides.
Approximately 4,800 sq. meters (4.7 percent) of the site were stripped to expose undisturbed
cultural features such as hearths, storage and cooking pits, and structural postmolds. Thirty-
one features were identified, along with more than 1,500 postmolds, including a circular house
pattern that may date to.the Middle Woodland period (ca. 200 BC -AD 800). Most of the
features appear to date to the Late Woodland period (ca. AD 800-1500), with lesser amounts
of earlier materials. One feature, a small basin -shaped pit containing a distinctive type of
pottery known as Hamps Landing, was radiocarbon dated to 1945 BC. Analyses of botanical
and faunal remains recovered from the site indicate that the prehistoric inhabitants took
advantage of the full range of natural resources available along the shallow waters of the
sound, not the least of which were fish and shellfish. One very interesting item identified in
the remains was wild rice; there is little prior record of rice in the prehistoric Indian's diet,
although it would seem natural, given the extensive wetlands in the region.
Figure 1. Areas Stripped at 31ONI90, Cape Island Subdivision
EYIa E110 FM F.SN ESN E40 Elm F'y1 RT9 E]511 FAIL
AIII� Alligator Day
Noilh
rj U Mcicrs 10
Illll Alligator Bay
TRENCII M
ID AREA F
TRENCH Sal`'jeW w AREAA
/ AREA c -eem
AREA R
DATUM IS DATUM
TitWCII) (I
anent
�TRENCIIL d
-""
TRENCH II
DATUM AREA TIUNCIIM d '
9
n
AREAL
TRENCII I
C

• Page 28
Was the project successful? Was an adequate sample of the significant cultural information
recovered? We certainly added to our knowledge of North Carolina's past: the circular house
pattern is only the second one identified on the coast, the wild rice is an unusual find, and the
early date for Hamps Landing pottery is very important. Whether an "adequate sample" was
recovered is debatable. Each site is unique and provides a unique glimpse into the past. The
objective, however, is not to excavate all of every site but to recover an adequate sample of
the information each site offers to paint a reasonable picture of prehistoric "history."
Unfortunately, with the rapid development of North Carolina's coast comes the equally rapid
destruction of the archaeological record --a record about which little is known. While the 4.5
percent sample at Cape Island might not be considered "adequate," it was a sample defined in
large measure by finance, polity, diplomacy, bureaucracy, and practicality, and which worked
to the mutual benefit of the future and the past. --Mark Mathis
CHEFS SPECIAL: THE EDENHOUSE SITE BRIDGES HISTORIC KNOWLEDGE GAP
Mix together one suspected early colonial house site with plans for a major highway bridge
replacement project. Allow to rise quickly under normal atmospheric pressures of regulatory
deadlines, project funding limits, and construction schedules. Toast lightly under the broiler of
Sections 106 of the National Historic Preservation Act and 4(f)-of the U.S. Department of
Transportation Act. Yield: one large but unavoidable loss of a significant archaeological site to
the wheels of progress.
The location of the western terminus of the U.S. Highway 17 bridge over the Chowan River
(dividing Bertie and Chowan Counties) is indicated on maps as "Edenhouse." This modem
riverside community is named for Charles Eden, governor of North Carolina from 1714 to
1722, who owned an eighteenth -century plantation on the west bank of the Chowan.
Archaeological remains of the governor's plantation house, his former grave site, and that of
his wife, are recorded in the Office of State Archaeology's (OSA) site inventory as 31BR52.
Historians, archaeologists, artifact collectors, and the owners of the land on which the site is
located have long recognized the existence and importance of the site, although, until recently,
there had been no concerted effort to study it.
In 1995 comments by the HPO's OSA concerning the North Carolina Department of
Transportation's (NCDOT) plans to replace the major Chowan River highway bridge set off a
chain of events that quickly led to documentation of one of the earliest (1660s) English
colonial sites in the state. While the larger Edenhouse site was well recognized, collaboration
among OSA and NCDOT archaeologists for a preliminary archaeological survey of land on a
high bank of the Chowan and south of the existing roadway turned up exciting evidence of an
unknown plantation component. Ken Robinson, NCDOT archaeologist, interviewed members
of the Bell family, which owns the property, and collected artifacts and documentary evidence
of eighteenth -century and earlier occupation of the tract. The HPO's concurrence with
NCDOT's findings have resulted in a major, carefully planned excavation to reveal, record,
and interpret the site prior to its eventual destruction by construction of the new bridge.

RECEIVED
JUL 2 5 1997
COASTAL MANAGEMENT
North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor
Betty Ray McCain, Secretary
July 22, 1997
J,i u4:_►R
TO: John R. Parker Jr., Chief
Major Permits Processing Section
Division of Coastal Management , DEHNR
Colonel Terry R. Youngbluth, District Engineer
Army Corps of Err ' ers, Wilming�tjo District
FROM: David Brook //''7�
Deputy State Historic Preservation Officer
SUBJECT: Archaeological Investigations at Cape Island,
Onslow County; ER 96-9149, ER 97-9229
Division of Archives and History
Jeffrey J. Crow, Director
We have completed our review of the report prepared by Garrow and Associates,
Inc. (GAI) for the Cape Island project and offer the following comments.
During the investigations, approximately 4,800 m2 were stripped of disturbed
overburden, revealing what were subsequently identified as 31 cultural features anc
over 1,000 probable postmolds, including portions of two prehistoric structures.
Analysis of cultural materials recovered from the site indicate primary occupations
during the Late Woodland period (ca. A.D. 800 - A.D. 1400), with occupations of
lesser intensity during the Early and Middle Woodland periods (ca. 2000 B.C. - A.D.
800).
The GAI investigations resulted in the recovery of significant archaeological data
which contributes to our understanding of coastal North Carolina prehistory. Since
the work effort has fulfilled the project scope of work, GAI proposes no further
archaeological investigations in connection with the CAMA permitting process.
In accordance with the scope of work for the project, and based on the types and
distributions of cultural remains identified, GAI assessed the potential for additional
significant remains elsewhere in the project area for purposes of possible restrictive
covenants. These covenants would be designed to protect and preserve significant
portions of the site for future research. GAI concluded that while substantial
undisturbed remains can be expected throughout the project area, there is
insufficient archaeological basis to define specific areas for covenants. GAI,
therefore, proposed no covenants within the Cape Island project area.
We concur with the GAI findings and recommendations. We must, however, stress
our concern that significant cultural resources remain undisturbed at the site and
°
109 East Jones Street • Raleigh, North Carolina 27601-2807 13
3

i
may be uncovered during future construction activities. The remains may include
human burials. In the event human burials or human skeletal remains are
discovered, the permittee must cease all activities in the area of discovery and
undertake the appropriate actions in accordance with GS 70, Article 3, the
Unmarked Human Burial and Human Skeletal Remains Protection Act.
The report meets our office's guidelines and those of the Secretary of the Interior.
Specific concerns and/or corrections which need to be addressed in the preparation
of a final report are attached for the author's use.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act and the Advisory Council on Historic Preservation's Regulations
for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill -Earley, environmental
review coordinator, at 919/733-4763.
DB:slw
Attachment
cc: Chris Espenshade
Garrow & Associates, Inc.
3772 Pleasantdale Road, Suite 200
Atlanta, GA 30340-4214

COMMENTS:
Archaeological Investigations at 31ON190,
Onslow County, North Carolina
RECEIVED
JUL 2 5 1997
Cape Island,
COASTAL MANAGEMENT
p. 8, para. 2: Although subsistence -related remains are virtually unknown from
Early Woodland sites, the distribution of sites containing characteristic ceramics
(e.g., Deep Creek, New River) indicates a dispersed, multi -resource -based
system, probably not too dissimilar to the preceding Archaic. [see also below]
p. 8, para. 3,4: While there is an intensification of estuarine resource
exploitation during the Middle Woodland, Early Woodland ceramics also are
present in varying quantities at most shoreline sites (e.g., shell middens).
Further, Middle Woodland sites are distributed inland in a pattern all but identical
to the Early Woodland. This suggests a general continuation of the earlier
dispersed, seasonal settlement pattern, albeit with greater numbers of people
and an increasing orientation towards fish and shellfish. Based on more recent
studies, there is no noticeable decrease the number of inland sites until the Late
Woodland. [see also p. 9, para. 51
• p. 9, para. 3: There is evidence to suggest that the "sand burial mounds" are
nothing more than natural sand ridges into which burials were excavated. In
addition, the single radiocarbon date of A.D. 980 +/- 110 from the McLean
"sand mound" suggests a likely Late Woodland association; the A.D. 1000 +/-
80 date from the Cold Morning site is also Late Woodland.
• p. 9, para. 6: The possible Middle Woodland association of the oval/round
structures at Broad reach is based on concentrations of Hanover ceramics and
potential Middle Woodland features, not radiocarbon dates. The site has a very
strong Middle Woodland component, but the absolute association of the
structures is not yet documented. [see also p. 11 , para. 11
• p. 11, para.8: There were actually two (2) shell -tempered vessels in the
ossuary.
• p. 38: Is the radiocarbon date of 1945 B.C. the intercept? What is the sigma
range. Also, please include, perhaps
sheet(s) provided by Beta. While the
Landing, it is not entirely out of the rf
stratigraphic position at the type site,
Hanover. See also p. 100.
is an appendix, the analysis results
late does appear a bit early for Hamps
alm of possibility, given its graded
overlapping with Thoms Creek and
p. 63, Feature 31 : It would perhaps be more prudent to suggest a "possible"
Early Woodland association for Feature 31, given the single Hamps Landing
sherd present in the fill and the presense of several Late Woodland features in
the immediate vicinity. With the exception of Middle Woodland burials, pit -type
features appear to be extremely rare for either Early or Middle Woodland period
occupations along the coast.
• p. 76, Feature 8: See comment above for Feature 31. See also p. 92, para. 6.

• p. 73: There is no discussion of Area F. While there were apparently no
features identified in the area, a brief discussion of the materials (albeit limited)
collected should be included.
• p. 79, para. 2: Although it may be that the postmold pattern in Area G
represents a "longhouse", the rectangular (non-longhouse) structure at Broad
Reach suggests another possibility.
• p. 99, para. 2, third sentence: Is "This does necessarily imply..." correct?
Should it read "This does not necessarily imply..."
• p. 99, para. 2: A summary of the seasonality data (faunal, shellfish,
ethnobotanical) should be included here. The data suggest, at least for the Late
Woodland, a near -year round occupational pattern. Can this issue be
addressed?
• p. 101, para. 2: True, to a point. However, differences in surface treatment
cannot be overlooked. Hanover consists of only cordmarked, fabric and plain
varieties; Hamps Landing, like the Early Woodland Deep Creek and New River
series, includes cordmarked, fabric -impressed, net -impressed, simple -stamped,
and plain varieties. On this basis, the technological trajectory appears closer to
the Early Woodland than Middle Woodland series.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 7, 1997
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199603660 and State Permit No. 124-96
Island Development Group, LLC
3211 Riverside Drive
Danville, Virginia 24541
Dear Sir:
RECEIVED
JUL 14 1997
COASTAL MANAGEMENT
Through coordination with the North Carolina Division of Coastal
Management (NCDCM), we have learned of your proposed modification to State
Permit No. 124-96 authorizing a clubhouse with parking and other amenities
located at the intersection of Cape Lane and SR 1568, Alligator Bay, Norman's
and Mason Creeks at the Cape Island subdivision, in North Topsail Beach,
Onslow County, North Carolina.
I have reviewed your proposal and have determined that no Department of
the Army authorization will be required as no jurisdictional waters or
wetlands are to be impacted. Please be advised that appropriate authorization
must be obtained from NCDCM before work may begin.
Should you have any questions, please contact the undersigned at
telephone [phone].
Copi6s Furnished:
Mr' John Parker
I
of Coastal Management
orth Carolina Department of
Environment, Health, and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmington Regulatory Field Office
Mr. Robert Stroud, Jr.,Office Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

" PARKER & ASSOCIATES, INC.
hgpin8 Horiaoh
Consulting Engineers -Land Surveyors -Land Planners
306 New Bridge Street - P.O. Box 976
Jacksonville, NC 28541-0976
[phone] - Fax: [phone]
LETTER OF TRANSMITTAL
DATE: June 25, 1997
TO: Ms. Janet Russell REF: Cape Island
ur pmwR 6eveeants
_ 127 Cardinal Drives Fxtancinn
Wilmington, North Carolina 9RA03
WE ARE SENDING YOU:
One (1) Copy of Proposed Covenants for the above referenced project.
DELIVERY VIA:
REGULAR NAIL ❑ HAND ❑ FEDERAL EXPRESS
❑ UPS OVERNIGHT ❑ UPS GROUND ❑ OTHER
THESE ARE TRANSMITTED AS CHECKED BELOW:
❑ FOR APPROVAL ❑ AS REQUESTED FOR REVIEW AND COMMENT
❑ FOR YOUR USE .=;FOR BIDS DUE
❑ OTHER
COMMENTS:
See Pages 6, 7, 8 and 11. Let me know if not OK
hn W. Parker, President
corzss To. -Mr.. John Parker NCDEHNR - Rale' JUN 2 5 1997
JWP/jeh CF (P) COASTAL MANAGEMENT
(IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE)

State of North Carolina
Department of Environment,
Health and Natural Resources AJ�L
Division of Coastal ManagementJames B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary f E.H N FI
Roger N. Schecter, Director
DIVISION OF COASTAL MANAGEMENT/MAJOR PERMITS PROCESSING UNIT
FACSIMILE
OFFICE:
FAX #: S, 0 4- r1 cN D- A, 1 b 3
1 • • IVIA
# PAGES:
COMMENTS:
(including cover sheet)
S Vet-Wn. 1a
L
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper

Division of Coastal Management
Application Processing Notes
Applicant:
Deadline:
Date/Time:
Messae �L
6 — 4
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T4
@L� Xa--

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO: Mr. John Parker
Major Permit Coordinator
C,12efpe Sir*-s,--- �
FROM: Janet M. Russell
DCM / Wilmington
RE: Cape Island Subdivision, #124-96
Modification Request - Clubhouse
North Topsail Beach / Onslow County
DATE: May 5, 1997
A&�JA
C)FEE HNF%
RECF�VieD
MAY 0 6 199)
COASTAL MANAGEMENT
John, in March the District Office received a request from Parker & Associates to modify the Cape
Island Subdivision Major Permit. The modification request involves the addition of a clubhouse with
parking lotto the plans.
Upon receiving the request we told them to send copies of the stormwater approval (revised) and a copy
of the sewer tap. To get a sewer tap they had to exchange a tap for a residential lot to get one for the
clubhouse. At the time this Subdivision was permitted, sewer capacity was not available for all of the
proposed lots. Attached is a copy of the stormwater approval and a copy of the sewer tap. Also, in
March we received a copy of a letter from David Brook, Preservation Officer, to Gary Joyner stating
that until Historic Preservation receives a complete report on the archeological investigation, they do
not want any land -disturbance occurring outside of the proposed roadbed. Attached is a copy of that
letter. A CAMA Minor Modification should not be issued for the clubhouse until DCM has
confirmation that a complete report has been submitted to Preservation for review.
If Historic Preservation is satisfied, after review of the complete report, then we could recommend that
the permit modification request be honored.
We recommend that the following conditions be added or amended to the Permit:
1. Inasmuch as North Topsail Water and Sewer was authorized by the Division of Water Quality on
May 1, 1997 to provide domestic wastewater service for 23 three -bedroom homes and a clubhouse in
Cape Island Subdivision. This CAMA permit authorizes residential development on 23 of the proposed
lots and a 22' x 36' clubhouse until such time that further allocation of sewer connections is
d by DWQ.
Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] a Fax [phone]
<1 4
An Equal Opportunity Affirmative Action Employer

Cape Island Subdivision Modification
May 5, 1997
Page 2
2. This CAMA permit must be amended to reflect further sewer connection beyond the 23 homes and
the clubhouse. Contact the Division of Coastal Management at 910 395-3900.
3. CAMA Minor Permits are required from the Town for each of the 23 residential units and the
clubhouse and parking lot. Additional issuance of Minor Permits must be in strict compliance with
items 1 and 2 of this condition.
Stormwater Management
G
3 4. The Division of Water Quality issuedLowDensity Subdivision Stormwater Permit NoSW8 960319
Modification on March 31, 1997 for this project. Any violation of the SWMP will be considered a
violation of this CAMA Permit.
5. Stormwater rules allow 5,124 square feet of built upon area per lot. CAMA Estuarine Shoreline
ORW rules allow 25 % of the high ground lot to be impervious or built upon. The most restrictive of
these rules shall apply.
M 6. A revised Sedimentation/Erosion Control Plan may be required. Verification should be obtained
from the Land Quality Section.
Beach Access Parking
7. The proposed beach access parking lot must comply with CAMA rules at the time of construction.
Specifically, all portions of the parking lot and associated land -disturbance must be landward of the first
line of natural, stable vegetation or measurement line, where applicable. This line is to be staked by
a Coastal Management Representative immediately prior to commencement of construction.
8. The surface treatment for the parking lot will be clay, packed sand or gravel. No concrete or
asphalt is hereby authorized.
All other conditions should remain the same, unless I've missed something. I talked with Renee
Gledhill -Earley today. They have not vet received a complete report on the archeological work. I don't
know what condition(s) may need to go under Archaeological Resource Protection for the modification.
Please call me with your questions.

Ms. Janet Russell
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
RE: Major CAMA Permit Modification
Club House Additions
CAMA Permit 1124-96
Cape Island
North Topsail Beach
onslow County, NC
Dear Ms. Russell:
Enclosed are ten (10) copies of the Site Plan for adding a
Club House at the referenced subdivision. We are requesting a
modification to CAMA Permit Number 124-96 for this work. A check
in the amount of $50.00 is enclosed.
I am also enclosing ten (10) copies of the overall Cape
Island Preliminary Plat on which the area of the proposed Club
House is outlined.
Please let me know if you need any additional information in
order to complete your review.
GRM/jeh
xc: CF (P)
Sincerely,
PARK''ER11 & ASSOCIA/T�ES,, INC.
Gordon R. McAdams, P.E.
MAR 0 7 1997
DIVISION OF
COASTAL MA14AGEMF-NT
ENVIRONMENTAL ENGINEERING ■ STORM WATER MANAGEMENT ■ WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING ■ FEASIBILITY REPORTS ■ ENVIRONMENTAL SCIENCE 0 CONSTRUCTION PLANS

State of North Carolina
Department of Environment,
Health and Natural Resources ` •
MAI
Wilmington Regional Office
Division of Coastal Management tip.
James B. Hunt, Jr., Governor p E H N F1
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
March 24, 1997
Mr. Gordon R. McAdams, P.E.
PARKER & ASSOCIATES, INC.
306 New Bridge Street
Jacksonville, NC 28541-0976
RE: CAPE ISLAND MAJOR PERMIT MODIFICATION
Permit #124-96, North Topsail Beach
Dear Gordon:
This letter is in follow-up to our telephone conversation of earlier today. I am putting your Permit
Modification on hold until I receive a copy of the stormwater approval and a copy of the sewer tap for
the clubhouse. Also, a letter from David Brook of Cultural Resources came in today in regards to this
subdivision. Please note that it limits ground -disturbance to the roads only until a complete report on
the archeological investigations has been received. A copy of that is attached for your review.
Please call me should you have questions. Otherwise, forward that additional information to me when
it becomes available. Thanks for your cooperation.
Sincerely,
C� -'Yl
Janet M. Russell
Coastal Mgt. Representative
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

TO:WILMINGTON
"'AR-24—'97 MON 10:26 ID: TEL N0: 4349 F01
.:r r
North Carolina Department of Cultural Resources
James B. Runt Jr, dovemor
Betty Ray McCain, Secretary
pftr_m _
March 10, 1997
Mr. Gary K. Joyner
Kilpatrick Stockton LLP
Suite 400
4101 Lake Boone Trail
Raleigh, NC 27607
Re.�%Cape Island Project, Onslow Cou
ER 88-9149
Dear Mr. Joyner:
Division of Arc4ivcs and HiAory
Jeffrey L Crow, Diractot
Thank you for your letter of February 27, 1997. We have reviewed the documents
accompanying your letter, including the letters from Garrow and Associates, and offer the
following comments.
Based on the Management Summary for site 31 ON190, we concur with the Garrow &
Associates concluslon that sufficient archaeological investigations have boon conducted to
mitigate the impacts of the proposed subdivision road construt<tlon. Therefore, we
recommend no further arehaen109ka1 investigations within the roadway footprint and
concur that construction of the road may proceeaas planned.
Pending receipt of the complete report on the investigations, however, we are unable to
concur with their recommendations regarding restrictive convenants elsewhere on the Cape
island property. Upon receipt and review of the report, including appropriate maps and
justifications, we will complete our evaluation of the Garrow and Associates
recommendations. Until then, no ground disturbing activities should occur on the property
other then the road cons ruction_ _
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act and the Advisory Council on Historic Preservation's Regulations for
Compliance with Section 106 codified at 36 CPR Part 800,
Thank you for your cooperation and consideration. If you have questions concerning the
above comment, please contact Rance Gledhill -Earley, environmental review coordinator, at
919I733-4763.
/Sinc_erely,
David Brook
Deputy State Historic Preservation Officer
DB:slw�
cc! ✓John Parker Jr„ Division of Coastal Management
Paul Webb, Garrow and Associates
Io0 s*" Jones Street • Rakigh, Norco Qmnna 27601-2607

PARKER & ASSOCIATES, INC. Ing Hori2
/ShaP °ns
Consulting Engineers -Land Surveyors -Land Planners
306 New Bridge Street - P.O. Box 976
Jacksonville, NC 28541-0976
[phone] - Fax:[phone]
April 30, 1
011 V 1f2P D
Ms. Janet Russell MAY O1 1997
Division of Coastal Management
127 Cardinal Drive Extension DIVISION OF
Wilmington, North Carolina 28405 COASTAL MANAGEMENT
RE: Cape Island Major Permit
Modification for Club House
Addition, Permit #124-96
North Topsail Beach
Dear Ms. Russell;
The items requested in your letter of March 24, 1997 for the
above referenced project are now approved. A copy of the
Stormwater Modification Approval Letter dated March 31, 1997 is
attached.
According to Rick Moore with the Division of Water Quality
(DWQ) in Raleigh, the Sewer Permit Modification to include the tap
for the Club House is being written today. This Permit has been
held up for about two weeks because of communication problems (i.e.
FAX and Mail problems) between the Raleigh and Wilmington offices
of DWQ. Please call Rick at [phone] if you need
confirmation or additional information.
The owner is very anxious to begin work on this simple, small
club house addition. We have now received Erosion Control,
Stormwater, and Wastewater approvals as you required. Please do
what you can to expedite our Modification request , keeping in mind
that our original request letter was sent to you on March 6, 1997.
If you need any additional information, please give me a call.
Thanks for your assistance.
Very truly yours,
PARKER & ASSOCIATES, INC.
11. A '/,�
Gordon R. McAdams, P.E.
xc: CF (P)
GRM/gsk
C2: CapeClubHouse.GRM
ENVIRONMENTAL ENGINEERING ■ STORM WATER MANAGEMENT ■ WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING 0 FEASDfD.rrY REPORTS 0 ENVIRONMENTALSCIENCE 0 CONSTRUCTION PLANS

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Charles Mantooth, Secretary/Treasurer
Island Development Group, Inc.
PO Box 949
Conway, SC 29526
Dear Mr. Mantooth:
RECEIVED7:5VA � 114
AM 4 1997 °a
PARKER A
ID FEEp
-17111
March 31, 1997 B
MAY.01 1997
DIVISION OF
COASTAL MANAGEMENT
Subject: Permit No. SW8 960319 Modification
Cape Island
Low Density Subdivision Stormwater Permit
Onslow County
The Wilmington Regional Office received a modification to the Stormwater Management Permit Application for Cape Island on
March 7, 1997, with final information on March 25, 1997. Staff review of the plans and specifications has determined that the
project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding
Permit No. SW8 960319 Modification, dated March 31, 1997, for the construction of the project, Cape Island.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as
specified therein, and does not supercede any other agency permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory
hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings,
P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact either Linda Lewis or me at (910)
395-3900.
Sincerely,
Rick Shiver, P.G.
Acting Regional Water Quality Supervisor
RSS/arl: S:\WQS\STORMWAT\PERMIT\960319.MAR
cc: Gordon MCAdartu, P.E.
Sharon Smith Jennings, Onslow County Inspections
D.R. Huffman, NCDOT Division 3, District 1 Engineer
Wilmington Regional Office
Central Files
Linda Lewis
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

State Stomtwater Management Systems
Ra=it Nn CW8 260119 M •'fi
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,
and other applicable Laws, Rules and Regulations
PERNESSION IS HEREBY GRANTED TO
Island Development Group, Inc.
Cape Island
Onslow County
FOR THE
jr0`11711U
MAY 01 1997
DIVISION OF
COASTAL MANAGEMENT
construction, operation and maintenance of a 25 % low density subdivision in compliance with the provisions of
15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management
plans and specifications, and other supporting data as attached and on file with and approved by the Division of
Water Quality and considered a part of this permit for Cape Island.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following
specific conditions and limitations:
I. DESIGN STANDARDS
Each of the 61 lots is limited to a maximum of 5,124 square feet of built -upon area, as indicated in the
approved plans. CAMA regulations may reduce the allowable built -upon area for those lots within the
AEC. The clubhouse lot is limited to 4,520 W.
The overall tract built -upon area percentage or lot sizes for the project must be maintained at 25 %, per
the requirements of Section 1005 of the stormwater rules.
Approved plans and specifications for projects covered by this permit are incorporated by reference and
are enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all
impervious areas and surface waters.

awic Swrmwater Management Systems
Rersrtit Nn SWS 960319 IM d'fi i
5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum
side slopes of 3:1 (H: V) or curb outlet systems as defined in the stormwater rules and approved by the
Division.
�6. No piping shall be allowed except:
9MAY rii IQa7 —J
a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road.
Ui di 6!U14 V
b. That minimum amount needed under driveways to provide access to lots. MAIJAGEMENT
7. The pemuttee is responsible for verifying that the proposed built -upon area does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval
from the permittee, and responsibility for meeting the built -upon area limit is transferred to the individual
property owner.
Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of
the Register of Deeds prior to the sale of any lot. A copy of the recorded restrictions must be received
by this Office within 30 days of the date of recording. Recorded deed restrictions must include, as a
minimum, the following statements related to stormwater management:
a. The allowable built -upon area per lot is 5,124 square feet, inclusive of that portion of the
rigbt-of-way between the front lot line and the edge of the pavement, structures, pavement,
walkways of brick, stone, slate, but not including wood decking."
b. "The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the Division of Water Quality."
C. "Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings, is strictly prohibited by any persons."
d. "Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area
reduced due to CAMA jurisdiction within the AEC."
9. The Engineer/Owner/Developer/Permittee must certify in writing that the project's stormwater controls,
and impervious surfaces have been constructed within substantial intent of the approved plans and
specifications. Any deviation from the approved plans must be noted on the Certification.
10. The following items will require a modification to the permit. Revised plans, specifications and
calculations must be permitted prior to the permittee beginning construction on the modification:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the approved plan.

awte wurrnwater Management Symema
ncmil rJ SWA 9fini 19 A'f
11. The Director may determine that other revisions to the project should require a modification to the permit.
12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a
written time schedule to the Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director that the changes have been
made. _
H. SCHEDULE OF COMPLIANCE D�
MAY U 1 1997
1. The permittee shall comply with the following schedule for construction and maiffftabte of:tTie Low
Density Option stormwater systems:
a. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be
operational for their intended use prior to the construction of any built -upon surface except roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or
other vegetated conveyances will be repaired immediately.
2. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted
stormwater management systems at optimum efficiency to include:
a. Inspections
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
3. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built -
upon area per lot within 30 days of the date of recording.
4. The permittee shall submit the Engineer/Owner/Designer/Permittee Certification within 30 days of
completion of the project.
The permittee shall submit all information requested by the Director or his representative within the time
frame specified in the written information request.
III. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
an enforcement action by the Division of Water Quality, in accordance with North Carolina General
Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.

State Stormwater Management Systems
Ntmit N 4WR 9(^a 19M M'f
3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for
a permit modification, revocation and reissuance, or termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North
Carolina General Statute 143-215.1 et. al.
5. The permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary. A formal permit request must be submitted
to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties
involved, and other supporting materials as may be appropriate. The approval of this request will be
considered on its merits, and may or may not be approved.
6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,
riles, regulations, or ordinances which may be imposed by other government agencies (local, state and
federal) which have jurisdiction.
7. The permittee grants permission to DEHNR Staff to enter the property during business hours for the
purposes of inspecting the stormwater control system and it's components.
R1
Permit issued this the 31st day of March, 1997. MAY 01 1997 �I
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISLSM DIVISION OF
TAL MANAGEMENT
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 960319 Modification
5

DIVISION OF WATER QUALI
NOR711 CAROLINA STORMWATER MANAGEMEN-I' PERMIT
I. GENERAL INFORMATION
(Please prim clearly or typr)
I. Project Name Cape
MAR 0 71997
2. Location, directions to project (include County, Address, State Road) Attach map. one low County,
NCSR 1568, North Topsail Beach
3. Owner's Name Island Development Group, Inc. Phone [phone]
4. Owner's Mailing Address . P.O. Box 949
Cif Conway
SC
Zip 29526
5. Nearest Receiving Stream Alligator Bay Class SA/ORW
6.Projectdescription 61 Lot Residential Subdivision
11. PERMIT INFORMATION
1. Permit No. (To befdledinbyl)
2. Application Date March 6, 1997 (3-ZS-'i'j feyt5ec�� Feeenclosed$ 225.00
3.PermitType: New Renewal X Modification (existing Permit No.) SW8960319
4. Project Type: X Low Density _Detention_Infiltration_Redevelop General_Alter_Offsite
5. Other State/Federal Permits/Approvals Required (ateck appropriate bia,&;s) lPrmi
CAMA Major Sedimentation/Erosion Control X 40MAY 01 199t
J�
M. BUILT UPON AREA (Please seeNGC211.lOQS rhry.1007for applicable density limits! DIVISION OF
COASTAL MA14AGEMENT
Drainaee
Basin
Classification SA/ORW
Existing Built -upon Area -24% d
Proposed Built -upon Area R.(QZ-34-49• Ac.
Total Project Area 3.�'' 3$.4q -9'-67t-Ac'
% Built -upon Area 25%
Drainaee * Breakdown of Impervious Area
Basin (Please indicate below the design impervious area)
Homesites
Buil&ems 312,564
Streets 81,717
Parking/SW 13,920
Other 10,948
Totals 419,149 or 9.62 Ac.
IV. STORMWATER TREATMENT (Describe how rise narofJwill betreated) * See Attached Calculation
Sheet for additional
Grassed Swale information.

V.
VI.
VI:.
cc:
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Deed restrictions and protective covenants are required to be recorded for all low density projects and all
- subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded
for the type of project applied for.
By your signature below, you certify that the recQrded_deed restrictions and protective covenants for this project
shall include all the items required by the permit, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without
concurrence from the State, and that they will be recorded prior to the sale of any lot.
OWNER'S CERTIFICATION
* I, ' y me4'\'L_y1- 1 A'.+ 'l`` , certify that the information included on this permit
(Please print clearly or type)
application form is correct, that the project will be constructed in conformance with the approved plans, that
the deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge,
the proposed project complies with the requirements of 15A NCAC 2H.1000.
I authorize
the bellow named person or firm to submit stormwater plans on my behalf.
�, �'<-/lM1c) I(2G(RZ
Owner/Authorized Agent Signature and Title Date
*
AGENT AUTFIORIZATION (Pleate fill in the name of the engineer/surveyor authorized to submit plans on the owner's behalf.)
Person or firm name Parker & Associates, Inc., Gordon R. McAdams, P.E.
Mailing Address P.O. Box 976
City Jacksonville State NC Zip 28541 Phone [phone]
I j
Please submit application, fee, plans and calculations to the appropriate Regional Office.
MAY 01 1997
Applicant/WiRO//Central Files
* Agent previously authorized under original permit
DIVISION OF
COASTAL MA14AGEMENT
ice se.bnl
Illj��s MAR 0 7 1997

ATTACHMENT A
MAR 0 71997
LOW DENSITY AND ALL SUBDIVISION PROJECT
,• sJai W{y�www w
GENERAL. SUBMITTAL REQUIREMENTS -- — -- — —
A completed stormwater permit application.
Two sets of plans showing north arrow, scale, revision date, property/project boundaries, lot lines,
proposed and existing contours, drainage areas, mean high water line, wetlands, easements, the 30'
minimum vegetated buffer between impervious areas and surface waters, proposed impervious areas,
and road cross -sections.
3. Calculations of the built -upon area, For subdivisions, please show the methodology for arriving at the
per lot built -upon area. For non -subdivision projects, please break down the calculation into buildings,
roads, parking, and other (include all impervious areas).
4. Low density projects with curb outlet systems will require:
a. Drainage area delineation and swale locations shown on the plans.
b. Detail of the swale, showing minimum 5:1 side slope.
C. Velocity calculations, indicating a non -erosive flow for the 10 yr storm.
d.. Inlet and outlet elevations. Maximum longitudinal slope is 5%.
e. The type of vegetated cover specified on the plans.
f. A flow spreader mechanism located at the Swale entrance.
g. A signed Operation and Maintenance Plan.
DEED RESTRICTION REQUIREMENTS
The following statements must be included for all low density projects, and for all subdivisions:
No more than 5,124 square feet of any lot, including that portion of the right-of-way between the edge
of pavement and the front lot line, shall be covered by impervious structures, including asphalt, gravel,
concrete, brick, stone, slate or similar material, not including wood decking or the water surface of swimming
pools. Thus covenant is intended to ensure continued compliance with the stormwater permit issued by the State
of North Carolina. 77.1c covenant may not be changed or deleted without the consent of the State.
No one may fill in or pipe any roadside or lot -line swale, except as necessary to provide a minimum driveway
crossing.
For curb outlet system projects, no one may pipe, fill in, or alter any lot line swale used to meet North
Carolina Stormwater Management Permit requirements.
NOTE If lot sizes vary significantly, the owner/developer must provide an attachment [sting each _lot number, size,
and the allowable built -upon area for each lot. J ' n r' `
r J
MAY Ol 1997
DIVISION OF
COASTAL MANAGEMENT

BUILT -UPON AREA CALCULATIONS
CAPE ISLAND
WITH CLUB HOUSE ADDITION
Stormwater Project Area for Subdivision
Stormwater Project Area for Club House
Total Area
Total Number of Lots
Built -Upon Area
Streets
Boat Ramp Recreation Area
Ocean Access Park
Sewage Pump Station Access Drive
Proposed Club House Building
(including overhangs)
Proposed Club House Gravel Parking
and Drive Area
TOTAL
Maximum Built -Upon Area for Total Project
Maximum Built -Upon Area for Lots
38.06 Acres
0.43 Acres
38.49 Acres
61
81,717
S.F.
6,728
S.F.
10,000
S.F.
3,120
S.F.
1,100 S.F.
3,420 S.F.
106,585 S.F.
or
2.45 Acres
25.0%
(0.25 x 38.49 Acres x 43,560 Ft.Z/Ac ) - 106,585
61
= 5,124 S.F./Lot
Check:
(Reduced from 5,129 S.F./Lot)
Total Built -Upon Area:
106,585 S.F. + (5,124 S.F./Lot) (61 Lots)
= 419,149 S.F. = 9.62 Acres
9.62 Acres/38.49 = 25%
10621110
T101117115
MAY 01 1997
DIVISION OF
COASTAL MAI4AGEMF-NT
D E C E I V E
MAR 0 71997
C
PROJ # D (0V3i

DEM-P & E Fax:[phone] May 5 '97 9:51 P.02/05
State.of North Carolina
Department of, Environment,
Health and Natural Resources
Dlvlsion of Water Quality
James B. Hunt, Jr., Govemor
Jonathan S. Howes, Secretary
A. Preston Howard, Jr., P.E•, Director
May 1.1997
Mr. Bennie J. Tripp, Vice -President
North Topsail Water and Sewer
1168 New River Inlet Drive
North. Topsail Beach, North Carolina 28460
pEHNR
Subject: N h TOpgWii Water129
and Sewer
Cape Island
Sewer Extension
Onslow county
Dear Mr. Tripp
In accordance with your application received March 31.1 d S, we are forwarding co t in herewith Permit
No. WQ0012128, dated May 1, 1997, to North Topsail Water and Sewer for the continued construction
and operation Of' subject wastewater collection extension•
Please be advised the only modification being made to this permit at this time is the transfer of flow
from one of the previously approved lots to the clubhouse. This permit now approves the connection of
23, three bedroom homes and the clubhouse (instead of the previously approved '24, three bedroom
homes).
This permit shall be effective from the date of issuance until rescinded, shall hereby void Permit
No. WQOOI2129, issued May 3, 1996, and shall be subject to the conditions and limitations as specified
therein.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudieatory hearing upon written request within thirty (30) days following receipt of
s P.O. Drawer
thisto repermit. This request must be in the form of a written petition, conforming to Chapter I SOB o e
North Carolina General Statutes, and filed with the Office of Administrative Hearings,
27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, Please contact'.R"ick.Mootts:at (919) 733
5083 extension 527.
Sincerely,
A. Preston Howard, Jr., P.R.
cc: Onsloiv County Healtb Department
Wilmington Regional Office, Water Quality Section
Parker and Associates, Inc. I
nm FNt (919) 733-07110
)n
P.O, Box 29535, Ralei®h, North Caroitna 2782ros3s 7alephone (919)733-50
An Equal Opponun ty Affirmative Action F-nployef 50recycled/ 1Dal, patt-consumer paper

DEM-P & E Fax:919-733=0719 May 5 197 9:52 P.03/05
7. Upon completion of construction and prior to operation of this permitted facility, a certification
must be received from a professional engineer certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit,
P.D. Box: 29535, Raleigh, NC 27626-0535.
$. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a
minimum of five years from the date of the completion of construction.
9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee
to an enforcement action by the Division of Water Quality, in accordance with North Carolina
General Statute 143-215.6(a)to 143-215.6(c).
10, The issuance of this permit does not preclude the Permittm from complying with any and all
statutes, rules, regulations, or ordinances which may be imposed by other government agencies
(local, state, and federal) which have jurisdiction.
11. The Perrmttce shall provide for the pump station and force main the following items:
a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the
pump station,,
b. An air relief valve located at all high points along the force main,
c. A screened vent for the wet well,
d. Fillets located in the wet well at the intersection of the flooring and sidewalls,
c. Three feet of cover (minimum) over the force main or the use of ferrous material where three
feet cannot be maintained,
f. Sufficient devices which will protect the pump station from vandals, and
g. Flood protection if the pamp, station is located below the 100-year flood elevation.
12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance
conditions, the Permittee shall take immediate Corrective action, including those as may be required
by this Division of Water Quality, such as the construction of additional or replacement wastewater
collection facilities.
13. NONCOMPLIANCE NOTIFICATION:
The Perinittee shall report by telephone to the Wilmington Regional Office,-tcicphone number
[phone] as soon as possible, but in no case more than 24 boars or on the next working day
following the occurrence or first knowledge of the occurrence of either of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc:; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving
waters without treatment of all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter form within
five (5):days following first knowledge of the occurrence. This report must outline the actions
taken or proposed to be taken to ensure that the problem does not recur.

DEM-P & E Fax:[phone] May 5 '97 9:53 P.04/05
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION 1S FUMMY GRANTED TO
North Topsail Water and Sewer
Onslow County
FOR THE
continued construction and operation of approxim linear feet of 8 inch gravity sewer, an 80
GPM pump station with duplex pumps, water alarms, pow�readapproximately 1,575
linearfeet of 4 inch force main to serve 2 three bedroom homeand the discharge of
8,475 GPD of collected domestic wastewater Ire N�tnnc :1's existing sewerage
system, pursuant to the application received March 31, 1997, and in conformity with the project plan,
specifications, and other supporting data subsequently filed and approved by the Department of
Environment, Health and Natural Resources and considered a part of this permit.
This petinit shall be effective from the date of issuance until rescinded, shall hereby void Permit
No. WQ0012128, issued May 3, 1996, and shall be subject to the following specified conditions and
limitations:
1. This permit shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other supporting data.
2. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The facilities must be properly maintained and operated at all times.
4. The sewage and wastewater collected by this system shall be treated in the North Topsail Water
and Sewer Wastewater Treatment Facility prior to being land applied by spray irrigation.
5. This permit is not transferable. In the event there is a desire for the facilities to change ownership,
or there is a name change of the Permittee, a formal permit request must be submitted to the
Division of Water Quality accompanied by an application fee, documentation from the parties
involved, and other supporting materials as may be appropriate. The approval of this rerynest will
be considered on its merits and may or may not be approved.
6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of
wastewater to the surface waters of the State.

DEM-P & E Fax:[phone] May 5 '97 9:53 P.05/05
14. No flow ih excess of the quantity permitted herein shall be made tributary to the subject sewer
system until an application for permit modification for an increase in flow has been submitted to
and approved by the Division of water Quality.
15, If future plans modify the alignment of this approved sewer extension, including, but not limited to
the redirection of the flow to the existing Villa Capriani Resort pump station, or if the pump station
capacity changes, a modification of this permit shall be requited,
16. A stormwater management plan must be submitted to and approved by the Wilmington Regional
Office in accordance with 15 NCAC 2FI.1000.
Permit issaed this the first day,of May, 1997.
NORTH CARO1 INA ENVIRONMENTAL MANAGEMENT COMMISSION
A. Preston Howard, Jr., P.13., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0012128

a
llorth Carolina Department of Cultural Resources
James B. Hunt Jr., Governor
Betty Ray McCain, Secretary
March 10, 1997
Mr. Gary K. Joyner
Kilpatrick Stockton LLP
Suite 400
4101 Lake Boone Trail
Raleigh, NC 27607
Re-�4wCape Island Project, Onslow County;
ER 96-9149
Dear Mr. Joyner:
Division of Archives and History
Jeffrey J. Crow, Director
Thank you for your letter of February 27, 1997. We have reviewed the documents
accompanying your letter, including the letters from Garrow and Associates, and offer the
following comments.
Based on the Management Summary for site 31 ON190, we concur with the Garrow &
Associates conclusion that sufficient archaeological investigations have been conducted to
mitigate the impacts of the proposed subdivision road construction. Therefore, we
recommend no further arch to ical investi ations within the roadway footprint and
concur that construction of the road may proceed as panned.
Pending receipt of the complete report on the investigations, however, we are unable to
concur with their recommendations regarding restrictive convenants elsewhere on the Cape
Island property. Upon receipt and review of the report, including appropriate maps and
justifications, we will complete our evaluation of the Garrow and Associates
recommendations. Until then, no ground disturbing activities should occur on the property
other than the road construction.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act and the Advisory Council on Historic Preservation's Regulations for
Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the
above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at
919/733-4763.
Sincerely,
GU"nR)
David Brook
Deputy State Historic Preservation Officer
DB:slw/
cc: ✓John Parker Jr., Division of Coastal Management
Paul Webb, Garrow and Associates
109 East Jones Street • Raleigh, North Carolina 27601-2807

PARKER & ASSOCIATES, INC.
ShgpinS Hor12p�S
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street - P.O. Box 976
Jacksonville, NC 28541-0976
[phone] - Fax:[phone]
May 20, 1997
VIA FAX [phone] AND MAIL
Mr. John Parker
Major Permits Coordinator
Division of Coastal Management
P.O. Box 27687
Raleigh, North Carolina 27611
RE: ownership Name Change
Cape Island Subdivision
North Topsail Beach
Onslow County, NC
Dear Mr. Parker:
This letter will confirm our conversation regarding the
owner's name change for the above project. Permit #124-96 was
issued to Island Development Group, Inc. This name has been
changed to Island Development Group, LLC. It is requested that
you change your records to reflect this name change. It is also
my understanding that the modification of this permit to include
the Clubhouse will now be issued under the new name.
As always, we very much appreciate your assistance in
reviewing these projects and apologize for any inconvenience.
Please advise if additional information is required at this time.
Very truly yours,
RKE A IA S, C.
n W. Parker
sident
JWP/adh
fc: Mr. Jim Latschaw (910-763-6561)
Ms. Sandy Wright, BB & T
Mr. Charles Lanier, Esq.
Mr. Charles Mantooth, IDGLLC
xc: CF (P) GRM, LAM
RFcF'�
CpgsTq( MA�gG
FMFNT
ENVIRONMENTAL ENGINEERING ■ STORM WATER MANAGEMENT ■ WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING 0 FEASIBILITY REPORTS 0 ENVIRONMENTAL SCIENCE 0 CONSTRUCTION PLANS

PARKER & R�SDCIA'C_ _',�-34a1
Pill -I 20,9' 16 0 >i_ ...= P.01
PARKER & ASSOCIATE.. , tNtL.
Cvnsutting Engineers _ Land Surve) ors - Land Planners
306 Ne%, P=idbe Street - P,Q. box 976
Jaekiomille, NC 28541-0976
(9'0)'455-2414 - Fax:[phone]
VIA FAX [phone] AND MAIL
Mr. John Parker
Major Permits Coordinator
Division of Coastal Management
P.O. BuX 27687
Raleigh, North Carolina 27611
Dear Mr. Parker:
pin(i Horii,.,�
S
i
May 20, 1997
RE: Ownership Name Change
Cape Island subdivision
North Topsail Beach
Onslow County, NC
This _o,rm our conversation regarding the
rwner'r> na. ove project. Permit ,f124--96
>uGd to roup, Inc. -'his name has bF
chahgeb to Island Levi_,,. Group, LLC. It is requester t
vou change your records to reflect this name change. It
my understanding that the modification of this permit to i:c!u<ie
the Clubhouse will now be issued under the new name.
As always, we very much appreciate your assistance in
reviewing these projects and apologize for any inconvenience.
Please advise if additional information is required at this time.
Very truly yours,
JKE A • 'IA S, 1NO,
Par'kernt
JWP/adh
fc: Mr. Jim Latschaw (910-763-6561)
Ms. Sandy Wright, BB & T
Mr. Charles Lanier, Esq.
Mr. Charles Mantooth, IDGLLC
XC: CF (P) GRM, LAM
ENVIRONMENTAL ENGINLURTNG ■ ST0R>1 W'A1'Ek SIANAGE\IF%} ■ «A1 Fit AND WASTE WATER SYSTENIS
,EL0P*,1ENTC0NSVLTING a FEASIB1LnY'REPORTS 0 FNI,7R0Na1F.4TALSCtFNC9 ■ CONSTRUCIIONPLANS

State of North Carolina
Department of Environment,
Health and Natural Resources A7*A
Division of Coastal Management
James B. Hunt, Jr., Governor p E H N IR
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
June 9, 1997
Island Development Group, LLC
3211 Riverside Drive
Danville, VA 24541
Dear Sir
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable,
the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is
retained by you and it must be available on site when the project is inspected for compliance. Please sign both the
original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1
or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, [phone] within twenty (20) days of this
decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved.
If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all
permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning
permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for
assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Very sincerely,
John R. Parker, Jr.
Major Permits Processing Coordinator
JRP:jr/amw
Enclosure
P.O. Box 27687, ��FAX [phone]
Raleigh, North Carolina 27611-7687 �C An Equal FAX
Action Employer
Voice 919-733-2293 50% recycled/10% post -consumer paper

STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR CAPE ISLAND
THIS DECLARATION is made and executed this day of
, 1997, by Island Development Group, L.L.C., a Virginia Limited
Liability Company existing under the laws of the State of Virginia, with its principal office
located at 135 Cambridge Drive, Danville, Virginia, 24541, hereinafter referred to as
"Declarant".
WITNESSETH:
WHEREAS, the Declarant is the fee simple owner of certain real property located in
Stump Sound Township, Onslow County, North Carolina, being more particularly described
as Lots 7, 8, 13, 15, 16, 17, 18, 19, 23, 24, 28, 29, 30, 34, 35, 36, 48, 50, 51, 52, 55, 57,
and 58 as shown on the plat of survey entitled "CAPE ISLAND, Section I", dated April 17,
1997, prepared by Parker & Associates, Inc., recorded in Map Book , Page
Slide Onslow County Registry ("Plat'), the description of which
is incorporated herein by reference (hereinafter referred to as the "Property"); and
WHEREAS, the Declarant desires to provide for the preservation of the values in said
community and for the maintenance of said common areas, and to this end, desires to subject
the Property to the covenants, restrictions, easements, charges and liens (hereinafter referred
to collectively as the "Restrictions") as hereinafter set forth, for the benefit of the Property
and each owner thereof, and
WHEREAS, the Declarant has deemed it desirable, for the efficient preservation of
the values in said community, to create a method of maintaining the common areas,
administering and enforcing the covenants and restrictions and levying, collecting and
disbursing the special assessments and charges hereinafter created; and
WHEREAS, the Declarant desires for the considerations set forth above and the
resulting benefits to all parties acquiring a portion of the property that the Restrictions shall
run with, burden and bind the Property;
NOW, THEREFORE, the Declarant hereby declares the Property is and shall be
held, transferred, sold, conveyed, occupied and used subject to the Restrictions hereinafter
set forth, for and during the period of time hereinafter specified.
ARTICLE I
The following words when used in this Declaration or any Supplement or amendment
hereto (unless the context shall prohibit) shall have the following meanings:
(a) "Committee" shall mean and refer to the committee of persons appointed
pursuant to Article VII to supervise the preservation of the architectural and aesthetic values
of the Property, and to supervise the maintenance and repair of the common areas, and the
easements for utilities which are shown on any recorded subdivision plat of the Property.
Declarant shall be deemed to be the Committee until such time as the rights and powers of
the Declarant are transferred or assigned as herein provided.
(b) "Common Area" shall mean and refer to all real property (including
improvements thereto) owned by the Committee and/or Association later to be formed for the
common use and enjoyment of the Owners, their Guests, and Pedestrians.

(c) "Declarant" shall mean and refer to Island Development Group, L:L.C., its
successors and assigns.
(d) "Dwelling" shall mean and refer to any portion of a building situated upon the
Property designed and intended for use and occupancy as a residence by a single family.
(e) "Lot shall mean and refer to the separately numbered parcels depicted on the
recorded subdivision map of the Property or any recombination of Lots into one or more
Lots as provided in Article XI or any numbered lots added to the Property by Amendment as
provided in Article XII.
(f) "Owner" shall mean and- refer to the record owner, whether one or more
person or entity, of the fee simple title to any Lot, but shall not mean or refer to any
mortgagee or subsequent holder of a mortgage, unless and until such mortgagee or holder has
acquired title pursuant to foreclosure or any proceedings in lieu of foreclosure.
(g) "Improvement' shall mean and refer to any thing or device, including trees,
shrubbery and landscaping, the placement of which upon any Lot may affect the appearance
of such Lot including by way of illustration and not limitation, any building, garage, shed,
mail box, greenhouse, bathhouse, coop, cage, covered or uncovered patio, swimming pool,
clothesline, radio or television antenna, fence, curbing, paving, wall, signboard or any other
temporary or permanent improvement to such Lot.
(h) "Contributing Lot' shall mean and refer to each of the numbered parcels of the
Property as shown on the recorded plat of Cape Island, Section 1 which are subject to
assessments under this Declaration and any numbered Lots added to the Property by
Amendment as provided in Article XII.
(i) "Turnover Date" shall mean the date on which Declarant, its successors or
assigns, transfers all retained rights under this Declaration to the Committee as provided in
Article VH hereof.
0) "Institutional Mortgagee" shall mean any mortgage company, insurance
company, bank or other lending institution licensed by the United States of America, any
individual state, or the Declarant on any mortgage in which it is mortgagee.
(k) "Capital Improvements" shall mean any improvement to the infrastructure,
common areas, and easement areas of the development.
(1) "Additional Property" shall mean all those areas or parcels of land depicted as
"Reserved by Owner" as shown on the recorded subdivision plat of Cape Island, Section 1.
(m) "Cape Pointe" shall mean Lots 13, 15, 16, 17, 18, 19, 23, 24, 28 and 29 as
shown on the recorded subdivision map of the Property and any numbered Lots added thereto
by Declarant by Amendment to this Declaration.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. Existing Property. The real property subject to this Declaration shall be
all of Lots 7, 8, 13, 15, 16, 17, 18, 19, 23, 24, 28, 29, 30, 34, 35, 36, 48, 50, 51, 52, 55,
57 and 58 as shown on the plat of survey entitled "Cape Island, Section I", dated April 17,
1997, prepared by Parker & Associates, Inc., recorded in Map Book , Page
Slide , Onslow, County Registry.
N

ARTICLE III
RESERVATIONS OF EASEMENTS AND PUBLIC ACCESS
Section 1. Reservation of Easement. Declarant or Committee reserve to themselves,
their successors and assigns, easements for roadway and utilities including electrical,
telephone and television transmission facilities, water, sewer, natural gas pipelines, drainage
and other utilities necessary for development of the Property. These easements are more
particularly described in said recorded plat and the said easements shall be permanent, in
nature, and shall run with the land; and
Section 2, Pedestrians. Pedestrians shall have the right of access over the public
access area(s) as shown on the said recorded plat.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENT
Section 1. Creation of the Lien and Personal Obligation of Assessments. The
Declarant or Committee for itself and its successors and assigns, and for each Lot, owned
within the Property, hereby covenants, and each Owner of any Lot, by acceptance of a deed
therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and
agree to pay his pro rata share, as hereinafter set forth, of any special assessments for capital
improvements, maintenance, reconstruction, repair and the like, and for improvements which
serve the entire..community, such assessments to be fixed, established and collected as
hereinafter provided. The special assessments together with interest, costs and reasonable
attorney's fees, shall be a charge on the Lot and shall be a continuing lien upon the Property
against which each such assessment is made. Each such assessment, together with interest,
costs and reasonable attorney's fees, shall also be the personal obligation of the person who
was the Owner of such Property at the time when the assessment fell due or was declared in
accordance with the provisions hereof. The personal obligation for delinquent assessments
shall pass to his successors in title and each shall be jointly and severally liable for
delinquent assessments and related costs as above provided. In no event, however, shall a
mortgagee who acquires title through foreclosure or proceeding in lieu of foreclosure, be
subject to delinquent assessments. Once a Lot Owner sells or conveys his Lot, he shall not
be responsible for any assessments made after the recording date of transfer.
The assessments provided for herein and all installments thereof may be adjusted from
time to time by the Declarant or Committee, if applicable, to reflect the changes in the
number of and status of Contributing Lots by virtue of foreclosure or proceeding in lieu of
foreclosure or otherwise. Accordingly, it is recognized and agreed by each Lot Owner, for
himself and his heirs, executors, successors and assigns, that in the event an individual Lot
Owner fails or refuses to pay his assessment or any portion thereof, then, upon the discretion
of the Declarant or Committee, the other Lot Owners may be responsible for increased
assessments due to the nonpayment by a Lot Owner, and such increased assessments can and
may be enforced as herein provided. This shall in no way relieve the nonpaying Lot Owner
from his obligation under this Declaration. Any monetary recovery from the nonpaying Lot
Owner shall be paid on a pro rata basis to the Lot Owners who were subject to and paid the
increased assessment.
Section 2. Purpose of Assessments. The assessments levied by the Declarant or
Committee shall be used exclusively for the maintenance and upkeep of the Common Areas
of the Property, and for services and facilities devoted to this purpose, including, but not
limited to, the repair, replacement, and additions to the entrance areas, the club house, the
boat ramp and for the cost of labor, equipment, materials, management and supervision
thereof, and for improvements which serve the entire Cape Island community.
Section 3. Special Assessments. The Declarant or Committee may levy in any year a
special assessment (which must be fixed at one uniform rate for each affected Lot as a
separate entity equivalent to every other affected Lot), for the purpose of defraying, in whole
or in part, the cost of any construction, maintenance, reconstruction, repair or replacement of
3

a capital improvement; provided, however, that after control has been transferred to the
Committee by Declarant, any such assessment shall have the assent of two-thirds (2/3) of the
votes of each class of members who are voting in person or by proxy at a meeting duly
called for this purpose, written notice of which shall be sent to the affected Lot Owners, not
less than thirty (30) days, nor more than sixty (60) days, in advance of the meeting setting
forth the date, place and purpose of the meeting. Notice shall be sent to the Lot Owners
address as listed in the Onslow County Tax Office. The Declarant shall not be required to
obtain Owner approval to levy any assessment prior to the Turnover Date as hereinabove
defined.
Section 4. Quorum for any Action Authorized Under Section 3. The Quorum
required for any action authorized by Section 3 of this Article shall be as follows: At the
first meeting called, the presence of members or of proxies entitled to cast forty percent
(40%) of all the votes entitled to be cast shall constitute a quorum. If the required quorum is
not present, another meeting may be called subject to the same notice requirement and the
required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at
the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days
following the preceding meeting.
Owner. the Lien. Remedies. If any assessment is not paid on the date when due, as
specified herein, then such assessment shall be deemed delinquent and shall, together with
such interest thereon and cost of collection therefore as are hereinafter provided, continue as
a lien on the Lot which shall bind such Lot in the hands of the then Owner, his heirs,
devisees, personal representatives, successors and assigns. In addition to such lien rights, the
personal obligation of the then Owner to pay such assessment, however, shall remain his
personal obligation and shall also pass to his successors in title as a joint and several liability.
If the assessment is not paid within thirty (30) days after the delinquency date, the
assessment shall bear interest from the date of delinquency at the rate of twelve percent
(12%) per annum and the Declarant or Committee may bring legal action against the Owner
personally obligated to pay the same or may enforce or foreclose the lien against the
property; and in the event a judgment is obtained, such judgment shall include interest on the
assessment above provided and a reasonable attorney's fee to be fixed by the court together
with the costs of the action. No Owner of a Lot may waive or otherwise escape liability for
the assessments provided for herein by non-use of the easement areas, or abandonment of his
Lot.
Section 6. Establishment of Liens. Any and all assessments made by the Declarant
or the. Committee, if applicable, in accordance with the provisions of this Declaration with
interest thereon and costs of collection, including, but not limited to, legal fees, are hereby
declared to be a charge and continuing lien upon each Contributing Lot against which each
such assessment is made. Each assessment against a Contributing Lot, together with interest
thereon, including, but not limited to, legal fees, shall be the personal obligation of the
Owner of the Contributing Lot. Said lien shall be effective only from and after the time of
the recordation amongst the public records of the county of a written, acknowledged
statement by the Declarant or Committee setting forth the amount due as of the date the
statement is signed. Upon full payment of all sums secured by that lien, the party making
payment shall be entitled to a satisfaction of the statement of lien in recordable form.
Notwithstanding anything to the contrary herein contained, where an Institutional Mortgagee
of record obtains title to a Contributing Lot as a result of foreclosure, its successors or
assigns, shall not be liable for the share of assessments pertaining to such Contributing Lot
or chargeable to the former Owner thereof which became due prior to the acquisition of title
as a result of the foreclosure or deed in lieu thereof, unless the assessment against the
Contributing Lot in question is secured by a claim of lien for assessments that is recorded
prior to the recordation of the mortgage which was foreclosed or with respect to which a
deed in lieu of foreclosure was given.
Section 7. Affected Lot. All Lots are considered to be equally benefitted by the
Capital/Common Improvements, and easements, and shall therefore equally share in the costs
to maintain, repair and/or operate such facilities.
n

Section 8. Exempt property. All properties within the boundaries of the plat of Cape
Island dedicated to and accepted by a governmental body, agency, authority, or utility and
devoted to public use shall be exempted from the special assessments, charges and liens
created pursuant to. this Declaration.
ARTICLE V
ARCHITECTURAL REVIEW
Section 1. Construction Subject to Review. No construction, modification, alteration
or improvement of any nature whatsoever (except interior alterations not affecting the
external structure or appearance of a house) shall be undertaken on any Lot unless and until a
plan of such construction or alteration shall have been approved in writing by the Declarant
or Committee, if applicable, in accordance with this Article. Modifications subject to
architectural control specifically include, but are not limited to, painting or other alteration of
a building (including doors, windows and roof); installation of antennas, satellite dishes or
receivers, solar panels or other devices; construction of fountains, swimming pools,
whirlpools or other pools; construction of walls or fences; addition of awnings, gates, flower
boxes, shelves, statutes or other outdoor ornamentation or patterned brightly colored window
coverings; and any alteration of the landscaping topography of the Lot, including without
limitation any .planting, cutting or removal of trees or plants. Normal lawn mowing and
trimming of shrubs, bushes and/or trees, pursuant to local standards and accepted pruning
practices, are permitted without prior approval.
Section 2. Procedures.
a) It is suggested that a preliminary architectural and landscaping plan be
submitted for review prior to final application. The preliminary review by the Declarant or
Committee shall be performed at no charge.
b) The plans to be submitted for approval shall include (a) the construction plans
and specifications, including all proposed landscaping, (b) an elevation or rendering of all
proposed improvements, and (c) such other items as the Declarant or Committee may deem
appropriate. If the Declarant or Committee fails to approve or disapprove the plans within
thirty (30) days after submission of all requested plans and specifications, approval shall be
deemed to have been granted unless the applicant agrees to an extension.
c) A certified check in the amount of $1,000 payable to the Declarant or
Committee'shall accompany the submittal of the final architectural and landscaping plans.
The review processing fee shall be the sum of $200.00. The remaining $800 shall be
returned to the lot owner once the residence is completed and occupancy permit obtained
provided there is no damage or adverse impact to the development resulting from the
construction. If there is such damage or adverse impact, the remaining funds shall be used
to offset the cost of correcting the said damage or adverse impact. The monies paid under
this section shall not limit the liability of a lot owner who causes additional damage to the
project.
Section 3. Basis for Decision. The Declarant or Committee shall approve or
disapprove the application in its discretion, based upon the following factors: the nature,
kind, shape, color, height, type and quality of materials and location of the proposed
improvements; harmony with surrounding structures and topography; and other factors,
including purely aesthetic consideration, which in the sole opinion of the Declarant or the
Committee will affect the desirability or suitability of the construction. The Declarant or the
Committee shall also have. the right to determine the type and number of structures which
may be, constructed on a Lot. All mail boxes and lattice work shall be of like design and
materials which shall be established by the Declarant or Committee.
Section 4. Construction. If approval is given or deemed to be given, construction
and improvements applied for may begin, provided that all such construction is in accordance
with the submitted plans and specifications. The Declarant or Committee shall have the right
to enjoin any construction not in conformance with approved plans and specifications, and
shall have all other remedies at law or equity.
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Section 5. Liability. Approval by the Declarant or the Committee shall not constitute
a basis for any liability for failure of the plans to conform to any applicable building codes,
guarantee the availability of flood insurance coverage, or inadequacy or deficiency in the
plans resulting in defects in the improvements. Each Lot Owner shall be responsible for
obtaining all necessary technical data, and to make application and to obtain the approval of
the appropriate governmental agencies prior to commencement of any construction.
Section 6. Assignment by Declarant. The Declarant shall have the right to assign its
architectural review and approval rights and responsibilities under Article V of this
Declaration, to the Committee as provided in Article VII of this Declaration.
ARTICLE VI
PROTECTIVE COVENANTS
Section 1. Residential Use. Each Lot in the Property shall be used for single family
residential purposes only. No building or structure intended for or adapted to business
purposes (including the storage of business supplies), and no apartment house, rooming
house, hotel, motel, lodge, inn, or bed and breakfast establishment, medical offices, hospital
or other multiple family dwelling or business structure shall be erected, placed, permitted or
maintained on such Lot at any time. These restrictions do not prevent the use of a room or
rooms within a single family residential structure as a home office provided that such use
will not require visits by the general public, involve any onsite employees other than the
residents of the home, and require/result in frequent deliveries or visits by other consultants
or clients related to such business activities.
Section 2. Subdivision of Lots. No Lot shall be subdivided, by sale or otherwise,
except toincrease the size of an adjacent Lot in which the event remainder shall be sole or
otherwise utilized as a part of the Lot adjacent to it.
Section 3. Occupation of Residential Dwelling. No private dwelling erected upon
any Lot shall be occupied in any manner while in the course of construction, nor at any time
prior to its being fully completed, except by bonafide security personnel: Furthermore, no
residence shall be in any manner occupied when completed until it is made to fully comply
with the approved plans, the requirements herein, and all other covenants, conditions,
reservations, and restrictions herein set forth.
Section 4. Timing of Approved Construction Activities. The exterior of all houses
and other structures must be completed within one (1) year after construction of the same
shall have commenced, except where such completion is impossible or would result in great
hardship to the Owner or building because of labor strikes or national emergency or acts of
God. .
Section 5. Minimum Sizes and Front/Rear Facade Requirements Relating to
Residential Structures. Any dwelling constructed on a Lot in Cape Pointe subject to these
Restrictions shall contain not less than 1800 square feet of fully enclosed and heated floor
area devoted to living purposes (exclusive of roofed or unroofed porches, terraces, garages
and any outbuildings) for single story structures; and not less than 2,000 square feet for two-
story structures. Ina two or more story dwelling the bottom floor cannot be less than 1,060
square feet. Lots in Cape Pointe must have a total of 400 square feet of covered porches.
Architectural Review Committee may allow variances according to the style of the house.
There are no covered porch requirements for Lots outside of Cape Pointe, and the
square footage requirement is 1600 for one level and 1800 for a two level house. The first
floor shall not be less than 1,000 square feet. All Covenants that apply to Cape Pointe shall
also apply to the Lots outside of Cape Pointe unless specifically excluded.
Section 6. The Earthen Berm. An earthen berm has been constructed around the
perimeter of Cape Island as part of the permitting process. The said earthen berm shall be
maintained by the lot owners in an unbroken line around the perimeter of Cape Island. Lot
owners shall not remove, break through or lower the top of the said berm below a height of
12 inches.
3

Section 7. Wetland Protection. Nationwide permits shall not be available or applied
for from the U.S. Army Corps. of Engineers or any State agency for wetland fill on the
property.
No excavated or fill materials shall be placed at any time in any vegetated wetlands or
waters other than the materials placed within the footprint of the road crossing as shown on
the survey plat for Cape Island.
Section S. Boat Ramp Access. No sewage, whether treated or untreated, shall be
discharged at any time from boats using the ramp facility.
Section .9. Piers Constructed by Lot Owners. No more than two (2) boat slips shall
be permitted for each pier. Only one pier shall be permitted for each water front lot.
Section 10. Septic Tanks. The use of septic tanks on the property is prohibited. All
sewer shall be furnished through a public, private, or community sewer system.
Section 11. General Prohibitions and Requirements. The following general
prohibitions and requirements shall apply and control the improvement, maintenance and use
of all Lots:
a. No mobile home, trailer, camper, tent or temporary house, temporary
garage or other temporary outbuilding shall be placed or erected on any Lot,
provided, however, that the Declarant or Committee may grant
permission for temporary structures for storage of materials during construction. No
such temporary structure as may be approved shall be used at any time as a residence.
b. Once construction of a dwelling or other improvements are started on any
Lot, the improvements must be substantially completed in accordance with the
approved plans and specifications within twelve (12) months from commencement.
For good cause shown, the Declarant or Committee shall have the right to waive this
provision with respect to any Lot Owner.
c. During construction of improvements on any Lot, the Owner shall be
responsible for providing adequate portable sanitary toilets for use by the construction
crew, and said sanitary facilities shall be regularly serviced so as to be maintained in
a clean and odor free condition. Additionally during construction on any Lot, the
Owner of said Lot shall provide for temporary trash dumpsters and assure that the Lot
is cleaned of excess debris on at least a weekly basis.
d. All dwellings and permitted structures erected or placed on any Lot shall
be constructed of material of good grade, quality and appearance, and all construction
shall be performed in good workmanship manner and quality.
The exterior siding of all dwellings and permitted structures shall be either
wood or stucco, or other building material materials of similar appearance and quality
which are guaranteed by the manufacturer for a minimum 20 year period for the
environmental conditions expected at Cape Island. No used structures shall be
relocated or placed on any Lot and no structures shall have an exterior constructed of
concrete blocks, asbestos, batten board, or asphalt siding.
The covering for all roofs shall be wood shingles, cedar shake, slate roof,
terra cotta clay tiles, heavy grade architectural shingles, or other materials of similar
appearance, quality and durability (subject to approval by the Declarant or
Committee). Roofing must have a minimum 25 year guarantee.
Exceptions, to the list of approved materials for dwellings and structures, if
any, will be granted in writing by and at the sole discretion of the Declarant or
Committee for similar dimensions, style, and/or appearance. Requests for exceptions
to the list of approved materials must be made in writing by the applicant and shall
include a manufacturer's brochure describing the material and its suitability for the
location (wind, rain and/or flood protection, resistance and/or weathering
7

capabilities), providing colored photographs and/or samples of the material,
identifying the location of other projects in similar locations which have made use of
the alternate material, and describing the terms and conditions of the minimum 20
year warranty.
The requirements of the Declarant or Committee shall control all
improvements to any Lot as is specified herein.
e. Except structures erected by the Declarant or Committee, no structure
erected .upon any Lot may be used as a model exhibit or model house unless prior
written permission to do so has been obtained from the Declarant or Committee.
CK f. All Lots, whether occupied or unoccupied, shall be well maintained and no
unattractive growth of nuisance vegetation or accumulation of 'rubbish or debris shall
be permitted. The growth of native vegetation on Lots provides erosion protection to
the Property and shall be protected and maintained, and any unnecessary removal of
any native vegetation will not be permitted, except as approved in writing by the
Declarant or Committee. Live vegetation with a diameter of three (3) inches or
larger shall not be cleared or removed except where necessary to allow for placement
of structure or maintenance.
In the event such growth is removed, except as stated above, the Declarant
or Committee may require the replanting or replacement of such damaged vegetation,
the full cost thereof, to be borne by the Owner of said Lot. Likewise, the Owner
responsible for the unauthorized damage to native vegetation on Lot(s) owned by
others will be responsible for the full cost of such offsite replanting/replacement as
may be required by the Declarant, the Committee, or the affected Owner(s).
. g. Building set back requirements shall be as shown on the recorded plat for
Cape Island. Buildings and non -water dependent structures shall be set back not less
than 40 feet from any mean high water line.
h. The design, size and location of containers for the collection and removal
of garbage, trash and other like household refuse shall be subject to and shall require
approval of the Declarant or Committee.
No trash, ashes, garbage or other refuse shall be dumped or stored or
accumulated on any Lot or other area in the subdivision.
i. All mechanical equipment (e.g. pool filter and/or heater and air
conditioning unit) shall be screened (by approved lattice or fencing, etc.) or otherwise
situated on a Lot as to not be visible from the street, or to the occupants of other
Lots.
j. Any dwelling or improvement on any Lot which is destroyed, in whole or
in part, by fire or other casualty must be rebuilt or all debris removed and the Lot
restored to a sightly condition with reasonable promptness, provided, however, that in
no event shall such debris remain on such Lot longer than one hundred twenty (120)
days without the written approval of the Declarant or Committee. In the event the
affected Owner fails to clean the Lot in a timely manner or obtain the approval for
delays from the Declarant or Committee, the Declarant or Committee shall have the
right to enter upon the Lot and arrange for the removal and disposal of said debris.
In such an instance, the affected Owner would be responsible for all costs, fees, legal
expenses, and other reasonable and applicable charges, and the Declarant or
Committee could exercise lien rights as described herein.
k. No stripped, partially wrecked, or junked motor vehicle, or part thereof,
shall be permitted to be parked or kept on any Lot. All motor vehicles, trailers
and/or boats of any type kept on any Lot shall be operational and have current
registration and inspection certificates.
P

1. All vehicles shall be parked on the designated driveways on each Lot, and
no vehicle of any type shall be parked on any street in the subdivision. Except as
may otherwise be approved in conjunction with construction activities, no truck nor
other vehicle in excess of a one -ton load capacity nor any mobile home, trailer,
camper, or similar vehicle shall be parked or kept overnight or longer, on any Lot, in
such a manner as to be visible to the occupants of other Lots or the users of any
street or recreation area.
in. All fuel storage tanks shall be buried below the surface of the ground or
enclosed above ground in an approved and environmentally safe manner so as to
protect the soils and ground and surface waters. The installation and maintenance of
any such facilities shall be performed in strict accordance with local and state
environmental standards.
n. All outdoor poles, clotheslines, and similar equipment shall be
screened or so.placed as not to be visible to the occupants of other Lots.
o. All recreational equipment and personal property other than water
craft,. automobiles or bicycles must be stored in such a manner as not to be
visible from any street or to the occupants of other Lots.
p. The mail box and paper box shall be housed in one unit. No mail or paper
box or other receptacle of any kind for use in the delivery of mail or newspapers or
magazines or similar material shall be erected or located upon any Lot except such
receptacle or standard design as shown in Exhibit "A".
q. No sign.(excluding typical "For Sale" and builder identification signs or
similar signs), billboard or other advertising structure of any kind may be erected or
maintained upon any Lot; provided, however, that construction identification signs
approved by the Declarant or Committee showing the Lot number and name of the
builder may be exhibited upon the Lot during the period of construction. The size
and location of all "For Sale" signs must be approved by the Declarant or the
Committee.
r: All dwelling connections for all utilities including but not limited to, water,
electricity, telephone and television shall be run underground from the proper
connecting points to the dwelling structure in such manner as may be acceptable to
the appropriate utility authority.
s. No animals, livestock, or poultry of any kind shall be raised, bred or kept
on any Lot, except that dogs, cats or other household pets, not more than two (2),
may be kept provided they are not kept, bred or maintained for any commercial
purpose, and provided, further, that such pets do not constitute a danger or nuisance
to other Lot Owners or to the neighborhood. All domestic pets shall be kept on a
leash, or otherwise maintained in a secure fenced area, when outside the residence.
Each Owner shall be responsible for picking up any droppings from their pets which
are deposited on the road right-of-way or on other Owner's property.
t. The erection of fences shall not be permitted unless approved by the
Declarant or Committee.
u. No window air conditioning units shall be installed in any structure without
the prior written consent of the Declarant or Committee.
v. No noxious, offensive or illegal trade or activity shall be carried on upon
any Lot nor shall anything be done on any Lot that shall be or become an
unreasonable annoyance or nuisance to other Lot Owners.
w. The State of North Carolina, in accordance with its coastal storm water
rules, has limited the amount of impervious surfaces that may be constructed, placed
or installed on any Lot. The State of North Carolina currently defines impervious
surfaces utilized for such purposes as areas covered by structures and/or paved
.41

surfaces including walkways or patios of brick, stone, slate or similar materials. The
definition of impervious surfaces as utilized by the Department of Environmental
Management of the State of North Carolina, as the same may be amended from time
to time, is hereby incorporated by reference. All the Lots collectively, shall not
construct, or use thereon impervious areas or surfaces greater than twenty-five (25 %)
percent of the over all tract or as may otherwise be limited by applicable regulations.
No more than 5,124 square feet of any lot, including that portion of the right-
of-way between the edge of pavement and the front lot line, shall be covered by
impervious structures, including asphalt, gravel, concrete, brick, stone, slate or
similar material, not including wood decking or the water surface of swimming pools.
The built upon area for the club house lot shall not exceed 4,520 square feet. Lots
within CAMA's Area of Environmental Concern may have the permitted built upon
area reduced due to CAMA jurisdictions within the AEC. This covenant is intended
to ensure continued compliance with the stormwater permit issued by the State of
North Carolina.
No one may fill in or pipe any roadside or lot -line swale, except as
necessary to provide a minimum driveway crossing.
For curb outlet system projects, no one may pipe, fill in, or alter any lot
line Swale used to meet North Carolina Stormwater Management Permit requirements.
These covenants are intended to insure continued compliance with
stormwater runoff rules adopted by the State of North Carolina and, therefore,
benefits,may be enforced by the State of North Carolina. Provided, however, that
nothing in these covenants shall prohibit the Declarant or Committee from exceeding
density limits through permits properly obtained through State Stormwater Rules.
Any of the provisions of this instrument may be amended, modified or terminated to
comply with stormwater rules now or hereafter adopted by the State of North
Carolina by an instrument in writing executed by Declarant or Committee, its
successors or assigns. These covenants may not be changed or deleted without the
concurrences of the Division of Water Quality for the State of North Carolina.
x. All driveways in Cape Pointe shall be constructed of exposed aggregate
(stone and cement mix), or concrete brick style paver. The depth and dimensions of
which shall be controlled by the Declarant or Committee. Exceptions, if any, will be
granted in writing by and at the sole discretion of the Declarant or Committee.
In lots outside of Cape Pointe (1-12 and 29-61) the driveways must be of a
hard surface such as cement and stone, concrete, asphalt or pavers.
ARTICLE VII
COMMITTEE
Section 1. Transfer and Purpose. At such time as the Declarant, its successors or
assigns, shall deem it appropriate, the Declarant shall relinquish and assign all of its rights
and obligations under the Declaration to a Committee (throughout this Declaration known as
the "Committee"). This Committee shall be charged with the supervision of the
preservation of the architectural and aesthetic values of the Property, the supervision of the
maintenance and repair of the roadways giving access to each Lot in the Property (unless
said roadways have been earlier dedicated to a governmental agency and accepted by said
agency), imposing and collecting assessments and the maintenance and supervision of the
easements, common areas, boat access areas, club house, ocean parking area as shown on
any recorded, subdivision plat of the Property.
Section 2. Membership. The initial Committee, consisting of five (5) Lot Owners,
shall be appointed by the Declarant for a term of one (1) year. Thereafter the Committee
shall be selected annually by the Owners of the Lots in the Property (on a one vote per Lot
basis), and shall be vested with the powers and shall be governed by the By-laws which the
10

owners of a majority of the Lots in the Property shall deem appropriate.
Section 3. Mcetiag. The annual meeting of Lot Owners or an emergency meeting of
Lot Owners shall he called by giving written notice thereof, not less than thirty (30) days nor
more than sixty (60) days, in advance of the meeting setting forth the date, place, and
purpose of the meeting.
Section 4. Ouorum. The quorum required for' any action under this Article shall be
as follows: The presence at the meeting of Lot Owners, either in person or by proxy,
entitled to cast forty percent (40%) of all the'votes entitled to be cast shall constitute a
quorum. If the required quorum is not forthcoming at said meeting, another meeting may be
called, subject to the notice requirement set forth in Section 3, and the required quorum at
such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding
meeting, provided that such subsequent meeting shall not be held more than sixty (60) days
following the preceding meeting.
Section 5. Assi ng ment. At such time as the Declarant assigns its rights and
obligations under this Declaration to the said Committee, the Declarant shall have no further
obligations or rights under this Declaration except for those which arise out of the fact that
he, she, they or it retain ownership of any Lot in the Property. Until the Declarant assigns
its rights and obligations under this Declaration, Declarant shall retain all rights, powers,
obligations of the Committee and shall in all respects constitute the Committee.
ARTICLE VIII
UTILITY. LANDSCAPING AND ROADWAY EASEMENTS
Section 1. Landscape. Drainage and Access Easements. The landscape, sign,
drainage and access easements shown on the recorded plat for Cape Island are considered to
be areas of Common Improvements, and although may be located on private Lots, are
intended to benefit all of the Owners. The Declarant or Committee have the right to enter
onto said easement areas and provide repairs and/or improvements thereon and thereto which
will benefit the overall development plan for Cape Island. Except with the written approval
of the Declarant or Committee, the Owners of Lots which contain such easement areas shall
not perform maintenance activities, or provide or place any structures, plantings, or other
materials which may damage or interfere with the use of said easements including actions
which may retard, obstruct, or reverse the flow of water or which may damage or interfere
with established slopes or otherwise create erosion problems.
Section 2. Wetland Areas Reserved for Drainage Purposes. The wetland areas as
identified on the recorded plat, or subsequently revised pursuant to approval by the
responsible regulatory agencies, are reserved for drainage purposes including the current
drainage contribution of offsite roadway and offsite property discharging to such areas.
Except with the written approval of the Declarant or Committee, and subject to local, state
and/or federal environmental permitting conditions, the Owners of Lots which contain such
wetland areas shall not perform maintenance activities, or provide or place any structures,
plantings, or other materials which may damage or interfere with the use or environmental
benefit of such areas including actions which may retard, obstruct, or reverse the flow of
water or which may damage or interfere with established slopes or otherwise create erosion
problems.
The streets shown on the recorded Plat are also intended and approved for use for
utility and drainage purposes. Except driveway connections and any associated swale
crossing improvements, connections to underground utilities, and the installation of approved
mail boxes and other approved receptacles, Owners are not permitted to construct any
improvements within the right of way of streets within the Property.
The public access easement shown on the plat extending from Sailview Drive to the
water is provided for the benefit and is available for the use of all Owners, their guests, and
Pedestrians. Owners are advised that no parking of vehicles on Lots owned by others
adjacent to this easement area is permitted. Declarant has or will install a boat ramp within
11

the boat access area as shown on the recorded subdivision plat for the benefit of all Owners,
their Guests and their Guests. All fire representatives shall have an uncontrolled and
unrestricted access to enter the private easement areas.
ARTICLE IX
CERTAIN RIGHTS OF DECLARANT
Notwithstanding anything to the contrary herein contained, no improvements
constructed or installed by Declarant shall be subject to the approval of the Committee or the
provisions and requirements of this Declaration, provided however that any such
improvements shall be made consistent with the common scheme of development.
Notwithstanding the other provisions of this Declaration, Declarant reserves and Declarant
and its nominees shall have the right to enter into and transact on the Property any business
necessary to consummate the sale, lease or encumbrance of homes or real property including,
but not limited to, the right to maintain models and a sales and/or leasing office, place signs,
employ sales and leasing personnel, use the Property and show homes, and Declarant
reserves and shall have the right to make repairs to the Property and to carry on construction
activity for the benefit of the Property. Declarant and its nominees may exercise the
foregoing rights without notifying the Committee or Lot Owners.
This Article may not be suspended, superseded or modified in any manner by any
amendment. to this Declaration unless approved in writing by Declarant in whole or in part.
For the purposes of this Article, the term "Declarant" shall include any "Lender" which has
loaned money to Declarant to acquire or construct improvements upon the Property or its
successors and assigns if such Lender, its successors or assigns, acquires title to any portion
of the Property as a result of the foreclosure of any mortgage encumbering any portion of the
Property securing any such loan to Declarant or acquires title thereto by deed in lieu of
foreclosure: The rights and privileges of Declarant as set forth in this Article, shall
terminate upon Declarant no longer owning any portion of the Property (and having any
equitable or legal interest therein) or upon such earlier date as Declarant shall notify the
Committee in writing of Declarant's voluntary election to relinquish the aforesaid rights and
privileges.
ARTICLE X
INDEMNIFICATION
Declarant and each and every member of the.Committee, shall be indemnified by the
Owners or any other person against all costs, expenses and liabilities, including legal fees,
reasonably incurred by or imposed upon him or her in connection with any proceeding,
litigation or settlement in which he or she becomes involved by reason of being or having
been a member of the Committee. The foregoing provisions for indemnification shall apply
whether or not he or she is a member of the Committee at the time such expenses are
incurred.
Notwithstanding the above, in instances where a member of the Committee admits or
is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her
duties, the indemnification provisions of these Protective Covenants shall not apply;
otherwise, the foregoing rights to indemnification shall be in addition to and not exclusive of
any and all right of indemnification to which a Declarant and member of the Committee may
be entitled, whether by statute or common law.
ARTICLE XI
RE -COMBINATION OF PLATTED LOTS
The Owner(s) of two or more Lots within Cape Island (Lots 1 through 61) may
combine adjoining Lots into one or more Lots provided that no single Lot as combined shall
be less in size and dimension than as originally platted. The Owner(s) shall also have the
12

right to re -divide combined lots to their original size if they should desire to do so. A
survey of the recombined or re -divided Lot(s) shall be duly recorded in the Office of the
Register of Deeds for Onslow County by the Owner(s) thereof.
The recombined Lot(s) as provided in this Article, as well as any Lot which is
increased in size pursuant to Article. VI, Section 2, shall be treated as a single Lot under this
Declaration.
ARTICLE XII
ADDITIONAL REAL ESTATE
Section 1. Declarant's Right to Add Additional Real Estate. Declarant expressly
reserves the right to add additional lots to the Property which is subject to this Declaration.
Accordingly, the areas depicted as "Reserved by Owner" may be subdivided into numbered
lots by the Declarant and added to this Declaration by Amendment.
Section 2. Maximum Number of Additional Lots. The maximum number of
additional lots that may be created within the Additional Real Estate is 38 making a total of
61 lots for the Subdivision as Cape Island.
Section 3. Applicability of Restrictions. Etc. All Articles of this Declaration shall
apply to any and all lots that may be created within the Additional Real Estate. Declarant
shall designate any additional lots which are to be included in "Cape Pointe" for purposes of
restrictions contained in this Declaration pertaining only to Cape Pointe.
Section 4. Method of Adding Additional Lots. Declarant may add additional lots to
the Property or delete lots from the Property by Amendment to this Declaration. To be
effective, the Amendment shall be duly recorded in the Office of the Register of Deeds from
Onslow County. No consent shall be required by any lot owner to effectuate the said
Amendment.
ARTICLE XIII
GENERAL PROVISIONS
Section 1. Duration and Amendment. The covenants and restrictions of this
Declaration run with and bind the land, and shall inure to the benefit of and be enforceable
by the owner of any Lot, subject to this Declaration, their respective legal representatives,
heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is
recorded; after which time said covenants shall be automatically extended for successive
periods of ten (10) years each unless an instrument signed by Owners of not less than two-
thirds (2/3) of the Lots in the Property has been recorded, agreeing to terminate or change
said covenants and restrictions in whole or in part; provided, however, that no such
agreement to terminate or change shall be effective unless written notice of the proposed
agreement is sent to every.Owner at least ninety (90) days in advance of any action taken.
Unless specifically prohibited herein, this Declaration may be amended by an
instrument signed by Owners of not less than ninety percent (90%) of the Lots at any time
until the end of the initial thirty (30) year term and thereafter by an instrument signed by the
Owners of not less than two-thirds (2/3) of the Lots. Any amendment must be properly
recorded to be effective.
Notwithstanding anything to the contrary herein contained, until the Turnover Date,
all amendments or modifications of this Declaration may be made by Declarant, acting alone,
without the requirement of the consent of the Lot Owners so long as such amendments or
modifications do not substantially impair the common plan of development of Cape Island.
13

Section 2. Remedies.
(a) Any Owner shall have the right to enforce these covenants and restrictions by
any proceeding at law or in equity, against any person or persons violating or attempting to
violate any covenagt or restriction, to restrain violation, to require specific performance
and/or to recover damages; and against the land to enforce any lien created by these
covenants. The expense of enforcement shall be chargeable to the Owner of the Lot
violating these covenants and restrictions and shall constitute a lien on the Lot, collectible in
the same manner as assessments hereunder.
(b) Violation or breach of any Restriction contained in this Declaration shall give
the Declarant, or the Committee, their respective legal representatives, heirs, successors and
assigns, in addition to all other remedies, the right, upon fifteen (15) days notice, to enter
upon the land upon or as to which such violation or breach exists, and summarily to abate
and remove, at the expense of the Owner thereof, any erection, thing or condition that may
be or exist thereon contrary to the intent and meaning of the provisions hereof; and the said
parties shall not thereby be deemed guilty of any manner of trespass, or be liable for any
damage, for such entry, abatement or removal. Nothing herein contained shall be deemed to
affect or limit the rights of any Owner to enforce the Restrictions by appropriate judicial
proceedings. .
Section 3. Notices. Any notice required to be sent to any Owner under the
provisions of this instrument shall be deemed to have been properly sent when mailed,
postpaid, to the last known address of the person who appears as Owner on the records of
the Declarant or Committee at the time of such mailing.
Section 4. Assignability. Declarant, its successors and assigns, shall at all times
have the right to fully transfer and assign any or all of its rights and powers under this
Declaration.
Section 5. Non -Waiver. The failure of the Declarant, the Committee, or any Owner,
or their respective legal representatives, heirs, successors and assigns, to enforce any
Restriction contained in this Declaration shall in no event be considered a waiver of the right
to do so thereafter, as to the same violation or breach or as to such violation or breach
occurring prior or subsequent thereto.
Section 6. Variances. The Declarant or Committee, in its sole discretion, may allow
written variances and adjustments of these restrictions in order to alleviate practical
difficulties and hardship in their enforcement and operation or as otherwise deemed
appropriate by Declarant or Committee. To be effective, a variance hereunder shall be
recorded in the Onslow County Register of Deeds Office; shall be executed by Declarant or
Committee, if applicable; and shall refer specifically to this Declaration.
Section 7. Severability. All of the covenants, conditions, restrictions and
reservations contained in this Declaration are hereby declared to be severable and a finding
by any court of competent jurisdiction that any of them or any clause or phrase thereof, is
void, unlawful or unenforceable shall not affect the validity or enforceability of any other
covenants, conditions, restrictions, reservations or clause or phrase thereof.
Section 8. Gender. Any tacit or implied reference to male or female gender included
in this Declaration shall be considered to be fully interchangeable and shall not be considered
to restrict the participation or protection of any gender of person from the rights provided by
and through this Declaration. Furthermore, any reference to a person or persons herein shall
assumed to include reference to any other legal entity such as a corporation or a partnership.
Section 9. Applicable Law and Attorney's Fees. This Declaration shall be
controlled, construed, and enforced in accordance with the laws of the State of North
Carolina. Venue for any ,proceeding or litigation arising out of this Declaration shall be
Onslow County, North Carolina. In the event of litigation arising out of any of the terms or
provisions of this Declaration, the prevailing party shall be entitled to recover all costs and
expenses incurred, including reasonable attorney's fees, at all trial and appellate levels.
14

IN WITNESS WHEREOF, Declarant has executed this instrument on the day and
year first above written.
ISLAND DEVELOPMENT GROUP, L.L.C.
M
BY:
STATE OF
COUNTY OF
, MEMBER/PARTNER
, MEMBER/PARTNER
I, a Notary Public of said County and State, do hereby certify that
personally appeared before me this day and
acknowledged that (s)he is Member/Partner of ISLAND DEVELOPMENT GROUP, L.L.C.,
a Virginia corporation, and that by authority duly given and as the act of the corporation, the
foregoing instrument was signed in its name by its Member/Partner.
Witness my hand and seal this the day of , 1997.
Notary Public
My Commission Expires:
6/6/97
15