SW8070904_Historical File_20190409

CSP CONSULTING
6626 Gordon Road, Unit C
WILMINGTON, NORTH CAROLINA, 28411
[phone]
FAX [phone]
TO: Steve Pusey
NCDENQ — DEMLR
127 Cardinal Drive Ext.
Wilmington, NC 28405
LETT 1: � � Tf/�NS1�II1TTI�L
DATE O /0 /1 T6B N0.
201$-000
ATTENTION
PHONE#
RE: Vinevard Trace Phase 2
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via
❑ Fee Check ❑ Permit Applications ® Plans ❑ Narrative
❑ Copy of Letter ❑ Change order ❑ Diskette ❑
COPIES DESCRIPTION
2 Sheets C-1, C-2 & C-4 Vineyard Trace Plans
THESE ARE TRANSMITTED as checked below:
the following items:
❑ Specifications
N
9 For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
COPYTO: File
SIGNED: - Garry S. Pape, P.E.
If enclosures are not as noted, kindlynotify us at once.

n-'t- LIMITED LIABILITY COMPANY ANNUAL REPORT
1012017✓
NAME OF LIMITED LIABILITY COMPANY: Montague Woods, LLC
Only
SECRETARY OF STATE ID NUMBER: STATE OF FORMATION: �n alofflup Report
0920928 NC E-Filed Annual Report
0920928
REPORT FOR THE CALENDAR YEAR: 2018 C 7/201811: 4343
3l7/2Q1811;41
SECTION A: REGISTERED AGENT'S INFORMATION Changes
1. NAME OF REGISTERED AGENT: Morris, Bernard J.
2. SIGNATURE OF THE NEW REGISTERED AGENT:
3. REGISTERED OFFICE STREET ADDRESS & COUNTY
6227 Head Road
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
4. REGISTERED OFFICE MAILING ADDRESS
6227 Head Road
Wilmington, NC 28409 New Hanover County Wilmington, NC 28409
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY S. PRINCIPAL OFFICE MAILING ADDRESS
6227 Head Road 6227 Head Road
Wilmington, NC 28409 Wilmington, NC 28409
S. Select one of the following If applicable. (Optional see Instructions)
❑� The company is a veteran -awned small business
❑ The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional Company officials in Section E.)
NAME: Bernard J Morris NAME:
TITLE: Manager TITLE:
ADDRESS:
6227 Head Rd
ADDRESS:
NAME:
TITLE:
ADDRESS:
Wilmington, NC 28409
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
Bernard J Morris 3/7/2018
SIGNATURE - DATE
Fnrm mint be signed by a Company Official listed under Secdon C of This form.
Bernard J Morris Manager
Print or Type Name of Company Official Prim or Type Title of Company Official
This Annual Report has been filed electronically.
MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NG 27626-0525

Pusey. Steven
From: Pusey, Steven
Sent: Tuesday, April 09, 2019 2:28 PM
To: Pape, Garry ([e-mail])
Subject: FW: [External] RE: Vineyard Trace Ph 2; SW8 070904
Okay. I just talked with Burnie Morris on the phone and he said he was going to get them sent out. Please let him know
that you dropped them off today.
By the way, as you assumed, we don't need copies of C-5 and C-6 because they are just Pender County Utilities standard
details.
I will proceed with getting the permit out tomorrow.
Thanks,
Steve
From: Garry Pape <[e-mail]>
Sent: Tuesday, April 09, 2019 12:18 PM
To: Pusey, Steven <[e-mail]>
Subject: [External] RE: Vineyard Trace Ph 2; SW8 070904
F Externa#tmad. rc mot c" WN4-3 (t aim attftivnentS unless you verify. Send all suspicion.' erneg as en 0W,cNmentta
Just dropped off 2 copies of Sheets, C-1, C-2 & C-4. - Garry
From: Pusey, Steven [rnaiito:steven.�_tse a. n - , .c:-, ,/]
Sent: Friday, April 05, 2019 10:42 AM
To: Garry Pape
Subject: Vineyard Trace Ph 2; SW8 070904
Garry,
I received the revised cover sheets and sheet C-3s, however, I still need two (2) copies of the other sheets for this
project, sheets C-1, C-2, and C-4 through C-6. The previous ones submitted on Jan. 7 were all smaller size copies. Please
send size 24x36 sheets.
Thanks,
.Steve Pu.seu
Steve Pusey, El
Environmental Engineer it
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7334 direct
s't :lT;cn. use,,1(rDncdegr.aov
1

Pusey, Steven
From: Pusey, Steven
Sent: Friday, April 05, 2019 10:42 AM
To: Pape, Garry ([e-mail])
Subject: Vineyard Trace Ph 2; SW8 070904
Garry,
I received the revised cover sheets and sheet C-3s, however, I still need two (2) copies of the other sheets for this
project, sheets C-1, C-2, and C-4 through C-6. The previous ones submitted on Jan. 7 were all smaller size copies. Please
send size 24x36 sheets.
Thanks,
Steve Posed
Steve Pusey, El
Environmental Engineer II
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7334 direct
steven. ausev(-ncd en r.00v
127.Cardinal Drive Ext.
Wilmington, NC 28405
lftlPOfMitl?A4QVFYiT
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
%W Before printing this email, please consider your budget and the environment

Pusey, Steven
From: Garry Pape <[e-mail]>
Sent: Wednesday, April 03, 2019 7:46 AM
To: Pusey, Steven
Subject: [External] RE: Vineyard Trace Phase 2; SW8 070904
Attachments: Xerox Scan_04022019110803.pdf, C-0 COVER.PDF; C-3 SITE, UTILITY & GRADING
PLAN.PDF
6 External email. Do not click OWs or open attachments unless you verify. Send all suspicious email as an attachment to
Steve,
i dropped these off yesterday. Below are how 1 addressed the comments. Hopefully you can get to this fairly quickly so
we can get it off both our desks. Thanks. - Garry
1. J�our stated that existing BUA is 116,226 sf on the application. Please break this number down into its
/ components.
broke down the existing BUA or, both the application in #11 on Page 4 and on the Cover Sheet of the plans
2.. Your on -site streets BUA is greater than that shown on the plans. Please explain.
V The BUA for the Streets has been revised on the Cover Sheet
3. /ease initial and/or comment on page 4 & 5 of the application.
Pages 4&5 of Application completed as required
4. �On plans, where are lots 1-10?
/Plans have been revised to shown Lots 1-10 as the Existing Lots and 11-16 as the new lots
5. �WVhere are lots 11-16?
d Plans have been revised to shown Lots 1-10 as the Existing Lots and 11-16 as the new iots
6. Please initial and comment on the low density items checklist in the LD Supplement.
/Low density supplement completed as required
From: Pusey, Steven [mailto:[e-mail]]
Sent: Tuesday, March 26, 2019 9:00 AM
To: Garry Pape
Cc: [e-mail]
Subject: Vineyard Trace Phase 2; SW8 070904
Garry,
I need some additional information on the subject permit. Please reference the items below:
Your stated that existing BUA is 116,226 sf on the application. Please break this number down into its
components.
2. Your on -site streets BUA is greater than that shown on the plans. Please explain.
3. Please initial and/or comment on page 4 & 5 of the application.
4. On plans, where are lots 1-10?

5. Where are lots 11 16?
6. Please initial and comment on the low density items checklist in the LD Supplement.
Thanks,
.Steve Pusey
Steve Pusey, El
Environmental Engineer II
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7334 direct
steven.puse..L(7jenr.gpv
127 Cardinal Drive Ext.
Wilmington, NC 28405
Enir
4%
Before panting this email, p,'aase consider your budget and the environment.
2

ra s 'r I N C
6626 Gordon Road, Unit C
WILMINGTON, NORTH CAROLINA, 28411
[phone]
FAX [phone]
To: Steve Pusey
NCDENQ— DEMLR
227 Cardinal Drive W.
Wilmington, NC 284o5
14 E: ITIA Ar (]F TR��T 1L
DATE 03/29/19 Joe No. 2018-000
ATTENTION
PHONE #
RE: Vineyard Trace Phase 2
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via
❑ Fee Check ❑ Permit Applications ® Plans ❑ Narrative
❑ Copy of Letter ❑ Change order ❑ Diskette ❑
the following items:
❑ Specifications
COPIES
DESCRIPTION
2
Revised Vineyard Trace Plans
1
Revised Stormwater Application
1
Revised Low Density Supplement
THESE ARE TRANSMITTED as checked below:
® For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ Foryour use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
COPYTO: File
SIGNED: - Garry S. Pape, P.E.
/fenclosures are notasnoted, kindlynotifyusatonce.

Pusey, Steven
From: Pusey, Steven
Sent: Tuesday, March 26, 2019 9:00 AM
To: Pape, Garry ([e-mail])
Cc: '[e-mail]'
Subject: Vineyard Trace Phase 2; SW8 070904
Garry,
f need some additional information on the subject permit. Please reference the items below:
1. Your stated that existing BUA is 116,226 sf on the application. Please break this number down into its
components.
2. Your on -site streets BUA is greater than that shown on the plans. Please explain.
3. Please initial and/or comment on page 4 & 5 of the application.
4. On plans, where are lots 1-10?
5. Where are lots 11-16?
6. Please initial and comment on the low density items checklist in the LD Supplement.
Thanks,
.sieve Pusey
Steve Pusey, El
Environmental Engineer If
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7334 direct
steven. pusev(Mncdenr.aov
127 Cardinal Drive Fact.
Wilmington, NC 28405
F'rtr�g;. Mincraf
and f and krsourrrx
M.i
I/. W4'1vY
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
AIIIIIIIIIN
Before prinfing this email, please consider your budget and the environment

Needham Environmental Inc.
RobeTtN.Needham PWS
Tom Gulley,NCLSS#1256
9100 Cbarlestmne Rd. SE
P.O. Box 960
Winnabow, NC 28479
Wilmington, NC 28402
Office/Fax [phone]
Office/Fax [phone]
[e-mail]
[e-mail]
May 14, 2018
Burney Morris
6227 Head Road
Wilmington, NC 28409
RE: Septic Evaluation for PIN: 2284-58-5389-0000, located at the end of Vineyard Trace,
Pender County, North Carolina.
Dear Mr. Morris:
On April 3, 2018, I made a site visit to the above -mentioned property, totaling approximately 5.88
acres. This property located at the end of Vineyard Trace and is a proposed future portion of
Vinyard Trace containing 7 lots as shown on the attached layout. The purpose of this visit was to
evaluate the property for the placement individual four -bedroom, onsite, subsurface, conventional,
modified conventional, alternative, or innovative waste water systems. The Department of Health
and Human Services, Division of Environmental Health Regulations, NCAC 130A, Section 1900
were used as a guideline for making this evaluation. This evaluation was performed by placing
hand auger borings to depths of approximately 48" at various locations on the property. Please
keep in mind that the Pender County Health Department will make the final determination
regarding the overall suitability of this tract. The tract was surveyed prior to this evaluation.
The entire tract consists of soils that suitable for conventional and shallow conventional
subsurface waste treatment systems. These soils had a greater than 36" soil wetness
condition as evident by chroma 2 or less soil color and septic systems will be sized using a
0.6 to 0.8 gallon/day/square foot Long Term Acceptance Rate (LTAR), pending on the exact
location of the septic systems. A four -bedroom septic system installed in the soils with the lower
0.6 gallon/day/square foot LTAR, will require 200 linear feet of alternative trench media .and a
25% reduction. This will require approximately 3000 square feet of area on each proposed lot.
If your have any questions or concerns, please contact me at [phone], [phone], or by
e-mail at tgulley(cvumail.com.
Sincerely,
J. Tom Gulley, Jr.
North Carolina Soil Scientist License# 1256
E GE I ij ,i
JAN 0 l 2019
BY:

12/14/2018
North Carolina Secretary of State Search Results
Search Results
Records Found: 1 Search Type: Starting Search Criteria: Montague Woods, LLC
Search Time: 12/14/2018 02:06 PM Search Again
Montague Woods, LLC
0920928 ; 6/7/2007 Current - Active
Limited Liability Company
ECEIVE
JAN 0 7 2019 1
https://www.sosnc.gov/online_services/search/Business_Renistration_ResuIts 1/1

ECEI fm.
JAN 01 2019 .
-744
- To - .404 �*i
'00PI
PREPARED BY CHARLES T. BUSBY, P.O. BOX 818, HAMPSTEAD, N.C. 28443
NORTH CAROLINA
DECLARATION OF COVENANTS
PENDER COUNTY CONDITIONS AND RESTRICTIONS
VINEYARD TRACE SUBDIVISION
PHASE 1
THIS DECLARATION is made this day of January, 2008, by
MONTAGUE WOODS, LLC, a North Carolina Limited Liability Company,
hereinafter referred to as "Declarant" or "Developer", said terms being
interchangeable as used herein.
Declarant is the owner of real property in Grady Township, Pender
County, North Carolina [hereinafter referred to as the "Properties"] which is more
particularly described as follows:
All of Lots 1 through 10 of Vineyard Trace Subdivision, Phase 1,
as depicted on plat by Talbot Land Surveying, P C., dated
December 6, 2007 and recorded in Map Book 46 at page 57, Slide
621 in the Office of the Register of Deeds of Pender County,
together with all common areas, roads and other lands
encompassed within the boundaries of the areas depicted on said
plat.
Declarant hereby declares that all of the Properties above referred to shall
be held and conveyed subject to the North Carolina Planned Community Act
[North Carolina General Statutes Chapter 47F] (hereinafter referred to as the
"Act"), and subject to tho easements, restrictions, covenants and conditions set
out in this declaration, which are imposed for the purpose of protecting the value,
desirability and enjoyment of the properties. These easements, restrictions,
covenants and conditions shall run with the title to the properties and be binding
on all parties, their heirs successors and assigns, having any right, title or
interest, legal or equitable, in the Properties or any part thereof, and these
easements, restrictions, covenants and conditions shall inure to the benefit of
each owner of the Properties or any part thereof.
p -3�3
p� �s�

PART 1
Definitions
Section 1.1 "Additional Properties" shall mean any lands adjoining the
Properties which are now owned by Declarant and added to and made a part of
the Properties by the Declarant pursuant to Part 11 below, provided, that such
additional properties shall be limited to the properties described in deeds to
Declarant recorded in Book 3252 at pages 324, 332 and 339, Pender County.
The addition of such Additional Properties shall become effective upon the
recording by Declarant of a supplemental declaration for each additional property
added.
Section 1.2 "Association" shall mean the Vineyard Trace Property Owners
Association, Inc., a North Carolina non-profit corporation, its successors and
assigns, an owners association organized for the mutual benefit and protection of
the owners of the Properties. All owners of residential lots in Vineyard Trace
Subdivision Phase I and any adjoining properties hereafter developed and added
to this Declaration shall be members of the Association, which membership shall
be appurtenant to an may not be separated from the ownership of such
residential lot.
Section 1.3 "Board" or "Executive Board" shall mean the body authorized
to act on behalf of the Association.
Section 1.4 "Owner" shall mean the fee simple record owner, whether one or
more persons or entities, of any lot which is a part of the Properties or any lot
which is a part of any Additional Properties, but not those having an interest held
only as security for an obligation.
Section 1.5 "Properties" or "Property" shall mean all of Vineyard Trace
Subdivision Phase I as shown upon the recorded plat referred to above, or any
subsequently recorded plat or plats depicting any additional properties brought
within the purview of these Restrictions or brought under the control of the
Association, including all lots, roads and common areas shown on said plats.
Section 1.6 "Built Upon Area" shall mean that portion of each lot that is
covered by impervious or partially impervious material, including buildings,
pavement or other material meeting the definition of `impervious' as set out in the
North Carolina Administrative Code. The built upon area for each lot shall not
exceed 8,053 square feet, unless the North Carolina Stormwater Rules permit
otherwise.
Section 1.7 "Common Areas" or "Common Elements" shall mean all areas
within the Properties which are designated or set aside for the common use and
enjoyment of all of the Owners, and which are not designated for individual
2

residential lot ownership, which Common Areas shall include all streets, roads,
ponds, ditches, buffer areas and other areas not included in individual lots;
provided, that any street or road dedicated to and accepted for public use shall
cease to be a part of the common areas at the time of such acceptance by the
North Carolina Department of Transportation or other relevant governmental
authority.
Section 1.8 "Common Expense" means the expenses or financial liabilities for
the operation of the Association.
Section 1.9 "Common Expense Liability" means the liability for common
expense allocated to each lot owner as permitted under the Act.
Section 1.10 "Lot" shall mean any numbered lot shown on the recorded plat
of the Properties.
Section 1.11 "Declarant" shall be used interchangeably with "Developer"
and shall refer to Montague Woods, LLC, its successors and assigns, if such
successors should own any of the Properties or Additional Properties.
Section 1:12 "Declaration" shall mean this instrument, as it may from time to
time be amended or supplemented.
Section 1.13 "Improvement" shall mean any construction work done or
placed on a Lot, any alteration of the physical appearance of a Lot, and any other
physical treatment done on or applied to a Lot.
Section 1.14 "Master Association" shall mean a master association as
defined in the Act.
Section 1.15 "Membership" shall mean the rights, privileges, benefits and
obligations inuring to the benefit and burden of each Member of the Association
by virtue of being an Owner of a Lot.
Section 1.16 "Member" shall mean every person or other Owner who has a
membership in the Association.
Section 1.17 "Planned Community" shall mean the property and the
common areas, plus any additional property added by exercise of any Special
Declarant Right.
Section 1.18 "Property" shall mean the lots depicted on the above -
referenced plat and any lots shown on plats of Additional Properties.
Section 1.19 "Special Declarant Rights" means the rights reserved for
the benefit of a Declarant to: (i)complete improvements indicated on the plat
3

referred to herein; (ii) exercise any development right reserved to the Declarant
by this Declaration or otherwise; (iii) to maintain sales offices, management
offices and signs advertising the Planned Community; (iv) use easements
through the common areas; (v) make the Planned Community a part of a larger
planned community or group of planned communities; (vi) make the Planned
Community subject to a Master Association; (vii) appoint or remove any officer or
Executive Board Member of the Association or an Master Association during the
Declarant Control Period; (viii) permit other land to be annexed to and made a
part of the Planned Community in accordance with the terms of this Declaration.
PART 2
Property Rights
Section 2.1 Owners' Easements of Enjoyment. Every Owner shall
have a right and easement of enjoyment in and to all Common Areas,
which rights and easements shall be appurtenant to and shall pass with
the title to every Lot, and which rights shall be subject to the following
conditions:
a. The Association shall have the right to suspend the voting
rights of any Owner (1) during any period for which any portion of
any assessment against such Owner's lot remains unpaid, and (2)
for a period not to exceed 60 days for any violation of the published
rules of the Association.
b. The Association shall have the right to mortgage, convey,
dedicate or transfer all of any part of the Common Areas to a public
agency or authority for such purposes and on such conditions as
may be approved by a vote of at least two-thirds (2/3rds) of the
Members, excluding the Developer, as evidenced by written
instrument executed by the Association and recorded in the Pender
County Register of Deeds Office.
C. The Association shall have the right to impose on the
Common Areas regulations for the use and enjoyment of such
areas.
PART 3
Easements
Section 3.1 Declarant reserves to itself, its successors and assigns, a
perpetual, nonexclusive, alienable and releasable easement and right, on, over
and under the ground, with persons and equipment to erect, maintain, inspect,
repair and use electric and telephone wires, cables and conduits, and sewers,
water mains and other equipment used for the conveyance and use of electricity,
telephone communications, gas service, sewer and water service, and other
4

public conveniences or utilities on, in or over each Lot and such other areas as
are shown on the recorded plat of the Properties or of any Additional Properties
referred to above.
These easements and rights expressly include the right to cut any trees,
bushes or shrubbery, to make any grading of the soil, or to take any other similar
action reasonably necessary to provide economical and safe utility installation
and to maintain reasonable standards of health, safety and appearance. Such
easements shall lie over, under and across the area lying within 10 feet of all
front lot lines and within 5 feet of all side and rear lot lines.
These easements and rights further include the right to subject the
Property to a contract with Four County Electric Membership Corporation, or any
other public utility, for the installation of underground electric cables and/or the
installation of street lighting, either or both of which contracts may require an
initial payment and/or a continuing monthly payment to Four County Electric
Membership Corporation, or other public utility, by the Owner of each Lot.
Section 3.2. Declarant hereby reserves unto itself, its successors and
assigns, perpetual, non exclusive and alienable easements over all streets, roads
and common areas necessary to providing access, ingress, egress and drainage
to and from the lands adjoining Vineyard Trace Subdivision Phase I, to the North,
East, South and West, in the event Declarant, its successors or assigns should
acquire or develop any property adjoining Vineyard Trace Subdivision Phase I,
regardless of whether such adjoining property becomes an Additional Property
as defined herein.
Section 3.3 An easement is hereby granted to all police, fire protection,
ambulance and all similar persons, companies or agencies performing
emergency services to enter upon any portion of the Properties in the
performance of their duties.
Section 3.4 In case of any emergency or in case of any violation of these
restrictions originating on, existing on or threatening any part of the Properties,
regardless of whether any Lot Owner is present at the time of such emergency or
violation, the Executive Board of the Association or any other person authorized
by the Board shall have the right to enter any Lot for the purpose of (1)
determining compliance with and enforcing these restrictions,. (2) remedying or
abating any nuisance or the cause of such emergency or violation, and (3)
making any necessary repairs not performed by the Lot Owner. Such right of
entry shall be immediate and shall not be deemed a trespass, and shall be
'thout liability to the Association or its authorized representatives, except in
cases of gross negligence.
Section 3.5 Declarant hereby reserves unto itself and to the Association,
its successors and assigns, perpetual, non-exclusive and alienable easements
5

overall streets, roads and common areas necessary to perform the maintenance
required by Sections 8.6 and 8.7, and to perform any other duties imposed by
this Declaration.
Section 3.6 All easements and rights described herein are easements
appurtenant, and shall inure to the benefit of and be binding on the Declarant, its
successors and assigns, and on any Owner, purchaser, mortgagee or other
person having an interest in the Properties, or any part of or interest therein,
regardless of whether reference to said easements is made in any instruments of
conveyance or evidence of obligation.
PART 4
Utilities
Section 4.1 Water Service. Water service for Vineyard Trace Subdivision
Phase I shall be provided by individual wells, to be installed by individual owners
of lots and not by developer.
Section 4.2 Sewage Disposal. Prior to the commencement of any
construction of improvements on a lot, the Owner shall obtain a septic tank
permit from Pender County. Prior to the occupancy of any residence on a Lot,
and prior to the use of any such system by the Owner, the Owner shall make
proper and suitable provision for the disposal of sewage by installation of a septic
tank system designed, located, constructed and maintained' in accordance with
the requirements, standards, recommendations and permits imposed, made or
issued by the appropriate public health authorities.
PART 5
Homeowners' Association
Section 5.1 Vineyard Trace Homeowners' Association is a nonprofit
corporation formed by Developer pursuant to Article 3 of the Act to operate and
maintain the common areas, to monitor compliance with and enforce these
restrictions and to provide any other services and serve any other function
provided for in this Declaration or approved my the members.
Section 5.2 Every Owner of a lot in the Properties shall be a member of the
Association, which Membership shall be appurtenant to and not severable from
lot ownership.
Section 5.3 Each Member of the Association shall be entitled to one vote in the
business of the Association for each lot owned. When more than one person or
entity holds title to a Lot, all of such Owners shall be members, but entitled to
only one vote, which shall be cast as provided in the bylaws.
1.9

PART 6
Management and Control of the Association
Section 6.1 Unless otherwise stated herein, the Association shall have all of the
powers set forth in Article 3, Section 102 of the Act.
Section 6.2 The business and responsibilities of the Association shall be
managed by its Executive Board, which shall be selected and operate as
provided in Article 3, Section 103 of the Act and as provided in the bylaws of the
Association; PROVIDED, that all of the powers and duties of the Executive
Executive Board may be exercised by the Declarant or by an Executive Board
appointed by Declarant until such time as 90% of the lots depicted on the initial
plat of the Properties have been sold and conveyed to persons other than
Declarant or until Declarant releases the right to exercise such powers and
duties, whichever occurs first.
PART 7
Covenants for Assessments
Section 7.1 Lien and Personal Obligation for Assessments. Declarant
hereby imposes on each Lot within the Properties the obligation of each Lot
Owner to pay to the Association the following:
a. Annual Assessments or charges
b. Special Assessments for capital improvements, to be established
and collected has hereinafter provided
C. Insurance assessments
d. A pro rata share of any property taxes imposed on the Common
Areas by any government taxing authority.
e. Working Capital Assessments.
Such obligation shall apply to each lot of the Properties, and shall be
deemed accepted by the purchaser of any Lot upon receipt and recording of the
deed for the same.
The annual, special and insurance Assessments, together with any
interest, collection costs and attorney's fees, shall be a continuing lien upon the
Lot against which such Assessment is made, and the obligation to pay the same
shall be the personal obligation of the person who was the Owner of the Lot at
the time such Assessment became due. The personal obligation for the payment
of delinquent Assessments shall not pass to subsequent Owners of the Lot,
unless expressly assumed by such subsequent owner; but nothing herein shall
prohibit the Association from seeking a judgment against. the delinquent Owner,
which shall be a lien upon any property in the name of the delinquent Owner.
7

Section 7.2 Purpose of Assessments. The Assessments imposed
herein shall be used exclusively to promote the health, safety, welfare and
enjoyment of the Owners of the Properties and for the improvement and
maintenance of all easements, utilities, and Common Areas; including roads and
streets, in or on the Properties. Specifically, Assessment funds may be used for
any of the following purposes;
a. Maintenance of and improvements to the Common Areas;
b. Maintenance of and improvements to the streets, roads and drives;
c. Maintenance of and improvements to drainage and utility easements
and rights of way;
d. Enforcement of these restrictions;
e. Operating expenses of the Association;
f. Any other action deemed by the Association to promote the health,
welfare and safety of the Owners or to increase the enjoyment of the
Properties by the Owners.
Section 7.3 Annual Assessments.
a. Except as provided herein for the initial year, Annual Assessments shall
be in an amount to be fixed annually by the Executive Board, which may set
different amounts of Assessments from year to year as it deems necessary to
accomplish the purposes set out in Section 7.2 above.
b. The amount of the Assessment for the initial year of operation shall be set
by the Declarant and communicated to each purchaser of a Lot at the time of
closing on the Lot purchase.
C. The amount of the Assessment for each subsequent year shall be
determined at least 30 days in advance of the beginning of the annual
assessment period, which shall begin on January 1 of each year, and notice of
the same shall be sent to each Owner of a Lot, together with the date on which
payment of such assessment is due. The Executive Board shall have the
authority to provide for the payment of assessments in monthly installments.
d. Adjustments in the amount of Annual Assessments shall be subject to the
following limitations:
(1) Notwithstanding any other provision herein, the Executive Board
may set an Annual Assessment amount of up to. $ So , e v per year.
(2) For the year beginning on January 1 of i:he year following the first
year in which a lot is sold, and for each year thereafter, the increase in the
amount of the annual assessment may not be more than rive per cent (5%) of the
previous year's assessment.
8

(3) Either of the above limits may.be exceeded if approved by a vote of
two-thirds [2/3rds] of the members voting in person or by proxy at a meeting
called for such purpose or at an annual meeting for which such item has been
placed on the agenda.
Section 7.4 Special Assessments for Capital Improvements. In addition to
the Annual Assessments authorized above, the Association may levy, in any
assessment year, a special assessment for that year, for the purpose of
defraying all of a part of the costs of any construction, reconstruction, repair or
replacement of a capital improvement on any Common Area, including any
fixtures or personal property related thereto; provided, that any such assessment
shall require the approval of two-thirds [2/3rds] of the members voting in person
or by proxy at a meeting called for such purpose or at an annual meeting for
which such item has been placed on the agenda.
Section 7.6 Insurance. The Association, as a part of the common expense,
shall maintain insurance in amounts deemed by the Board to Directors to be
reasonable and sufficient, to cover the following:
(a) Risk of loss or damage to the Common Areas.
(h) public Liability Insurance for risks arising out of the use or condition
of the Common Areas.
(c) Liability of the Directors of the Association for actions taken as
Directors.
Such insurance shall be for the benefit of the Association [and its
Directors, in the case of Directors' Liability Insurance], and the proceeds shall be
payable to the Association.
The Association shall have the sole right to settle any claims arising under
such insurance.
Section 7.6 Insurance Assessments. The cost of insurance obtained pursuant
to Section 7.5 shall be a common expense, and an amount sufficient to pay the
premiums for the same each year shall, if necessary, be paid by the levy of an
additional annual "Insurance Assessment" which shall be in addition to the
Annual Assessment [Section 7.3], and which shall be levied, collected and
enforced in the same manner as the Annual Assessment.
Section 7.7 Notice and Quorum Requirements for Actions Taken Under
Sections 7.3 , 7.4 and 7.6. Written notice of any meeting called. for the
purpose of taking any action authorized under Sections 7.3, 7.4 and 7.6, or any
meeting at which such action is on the agenda, shall be sent to all Members not
less than 30 days in advance of said meeting. At such meeting, the appearance
in person or by proxy of 60% of the members entitled to vote on such issues shall
constitute a quorum. If no quorum is attained at the first such meeting or any
0

subsequent meeting scheduled for such purpose, the meeting shall be adjourned
for a period of not more than 60 days, and the number required for a quorum at
such subsequent meeting called for such purpose shall be one-half (1/2) of the
number of members required for a quorum at the prior meeting.
Section 7.8 Uniform Rate of Assessment. Annual, special and insurance
assessments shall be fixed at a uniform rate for all Lots, and provision may be
made for the payment of the same on a monthly basis.
Section 7.9 Time of Commencement of Assessments. Assessments for
each Lot shall go into effect on the date of acceptance of a deed for such Lot by
a purchaser.
Provided, that Declarant shall not be required to pay annual assessments on
unsold Lots owned by the Declarant; but, in lieu of assessments, Declarant shall
pay a pro rata share of insurance assessments, utilities and ad valorem taxes on
the Common Areas, based on the number of lots owned by Declarant on the first
day of the assessment period.
Section 7.10 Nonpayment of Assessments and Remedies of the
Association.Any assessment not paid within 30 days of the date on which the
same is due shall bear interest at the rate at which interest accrues on an unpaid
judgment. The lien shall arise as of the first day of the assessment period for
which the lien is imposed, and shall, as of that date, constitute a lien for the
improvement of real property. Except as otherwise provided in Article 3, Section
116 of the Act, such lien shall be enforceable through the provisions of Article 2A
of Chapter 45 of the North Carolina General Statues. The Association may also
bring a legal action against the Owner personally obligated to pay the same and
obtain a judgment for the amount of such assessment, and enforce said lien in
any manner provided by law, including a judicial sale under Article 29B of
Chapter 1 of the General Statutes. An Owner may not avoid liability for the
assessment by non-use of his Lot or his non-use of any part of the Property.
Section 7.11 Remedies and Requirements of the Association. In addition to
any other remedies provided herein, the Association shall have all of the
remedies provided in Article 3, Section 116 of the Act for the collection of unpaid
assessments, and the Association shall comply with the requirements of such
provisions.
Section 7.12Subordination of Assessment Lien. The lien for assessments
provided for herein shall be subordinate to the lien of any first mortgage. The
sale or transfer of any lot by way of a first mortgage foreclosure shall extinguish
the lien on the Lot to the extent of any payments which came due prior to the
recording of such mortgage, but the lien for such payments shall attach to the
proceeds of sale in priority immediately after the mortgage being foreclosed.
10

PART 8
DUTIES AND RESPONSIBILITIES OF THE DECLARANT
AND THE ASSOCIATION
Section 8.1 Reservation of Rights to the Developer. The rights, powers
and privileges reserved to the Declarant under this Part shall be in full force and
continue until the earlier of the following: (i) when ninety percent (90%) of the lots
as shown on the initial plat of the property have been sold; or (ii) such time as
Declarant voluntarily relinquishes such rights. The period until such time shall be
called the "Developer Control Period".
Section 8.2 Rights Reserved. The Declarant retains and shall have the
following rights, powers and privileges which shall be in addition to any other
rights reserved to the Declarant herein:
(a) The Association. All of the powers and duties of the Executive Board of
the Association may be exercised by Declarant and Declarant shall be entitled to
appoint all members of the Executive Board.
(b) Architectural Review Committee. All of the powers and duties of the
ARC may be exercised by Declarant and Declarant shall be entitled to appoint all
members of the ARC.
(c) Plan of Development. Declarant reserves the right to change the stated
or planned use, configuration or designation of any of the lands in the planned
community to which Declarant then owns title, including the right to replat lots to
create more or fewer lots and to take such steps as are necessary as to cause
such replatted lots to be suitable building lots, provided, that no such change.
shall be made if it would an adverse effect on the value of the Hots previously
sold by Declarant.
(d) Amendments by Declarant. The following amendments to this
Declaration may be effected by the Declarant, during the period of Declarant
control, or by the Executive Board of the Association thereafter, without the
consent of the Members:
1. Prior to the sale of the first lot, the Declaration may be amended by
the Declarant.
2. Declarant may amend this Declaration to effect the addition of
lands as provided in Section 11.2.
3. Amendments to correct any obvious error or inconsistency in
drafting, typing or reproduction.
4. Amendments to conform to the requirements of any applicable law
or governmental regulation or the rulings of any governmental
agencies having jurisdiction; or, to qualify the Property or any Lots
and improvements therein for mortgage or improvement loans
11

made, insured or guaranteed by a government agency; or, to
comply with the requirements of law or regulations of any quasi -
governmental corporation or agency, upon a letter from any such
corporation or agency requesting or suggesting that an amendment
is necessary to comply with the requirements of such corporation or
agency.
5. Amendments deemed necessary by Declarant to qualify the
Property or any portion thereof for tax-exempt status.
6. Amendments necessary to address any platting change of the
Property as permitted herein.
(e) Right to Re'ect Amendments. ' Declarant shall have the right to veto,
reject or refuse to comply with any amendment to the Declaration approved by
the Members during the period of Declarant control.
Architectural Controls
Section 8.3 Architectural Review Committee. All duties and responsibilities
conferred upon the Architectural Review Committee [hereinafter the "ARC"] by
this Declaration or the bylaws of the Association shall be exercised and
performed by the Declarant or its designee, so long as Declarant shall own at
least 90 % of the lots in the initial plat of the Properties. Thereafter, such shall be
the responsibility of the Association's Executive Board, or a committee appointed
by the Board.
Section 8.4 Building and Site Improvements. No structure shall be erected
or commenced on any portion of the Properties, nor shall any change or
alteration be made thereto, including painting or repainting of exterior surfaces,
until the plans for the same shall have been submitted to and approved by the
ARC.
Section 8.5. Approval of Plans.
a. No plans will be approved if the proposed dwelling consists of less than
1500 square feet or if the proposed structure is not, in the opinion of the ARC,
aesthetically in harmony with the other dwellings on the Properties or with the
natural environment of the Property; provided that the ARC may, without further
approval, vary from such square foot requirements by 10%; AND provided
further; that no similar provision relating to additional properties shall impose a
minimum square footage of less than 1500 square feet.
b. No specific setbacks or minimum building lines are established by this
Declaration. All building location must comply with all rules imposed by Pender
County and with the guidelines referred to in Section 8.3.a., and all building
location must be approved by the ARC.
12

C. The exterior of all dwellings must be completed within 12 months of the
commencement of construction.
d. The following are the only structures allowed on a Lot;
(1) One single family dwelling, not to exceed two stories in height
(2) One or more accessory buildings, which may include a detached
garage and guest facilities, but such accessory buildings may not
overcrowd the site or be used for commercial activities. Whether
proposed accessory buildings `overcrowd' the site is a
determination to be made by the ARC.
e. All service utilities, fuel tanks, clothes lines and wood piles shall be
enclosed in a wall or vegetative screen approved by the ARC such that the same
are not visible from the street or from any other Lot in the Properties.
f. Each Lot owner must provide on the Lot off street parking for not less than
two passenger automobiles prior to the occupation of the dwelling on the Lot.
Parking areas and driveways shall be constructed of concrete, brick, asphalt,
turfstone or other material approved by the ARC.
g. The improvements subject to approval by the ARC shall specifically
include (i) the materials and design of any fence, and (ii) the location and design
of any structure enclosing a well pump.
Maintenance of Roads and Common Areas
Section 8.6 Responsibility for Road Maintenance. Declarant shall maintain
all streets and roads on the Properties until such time as at least 90% of the Lots
on the initial plat of the Property are owned by persons or entities other than
Declarant, at which time all responsibility for the maintenance of roads and
streets shall be borne by the Association. At such time as said roads or streets
are accepted as part of the system of roads maintained by the NCDOT, the
responsibilities of Declarant and the Association for road and street maintenance
shall terminate.
Section 8.7. Maintenance of Common Areas. The Association shall be
responsible for maintaining, repairing and replacing any structures on or
improvements to the Common Areas, including the utility and drainage easement
areas, and for any shrubbery, trees and other plants on the Common Areas.
The Association shall further have the right to effect any repairs or
alterations to the stormwater drainage system on the Properties, including all
pipes, ditches and ponds, and to enter upon any Lot to the extent reasonably
necessary to carry out such repairs. By accepting title to a Lot, all Lot owners
grant a right of entry to the Association for such purposes.
13

In the event that the need for any maintenance, repair or replacement is
caused through the willful or negligent act of an Owner, his family, guests or
invitees, the cost of such maintenance, repair or replacement shall be added to
and become a part of the assessment to which any Lots owned by such Owner
are subject.
The Association shall maintain all common areas and shall pay all
premiums associated with general liability insurance insuring against liability
arising from the ownership and operation of such common areas.
PART 9
Use Restrictions
Section 9.1 Land Use and Building Type. No Lot in Vineyard Trace
Subdivision Phase I shall be used for any purposes other than residential uses
and uses incident thereto, which shall not include any commercial uses or other
uses designed to generate income. All Lots are restricted to single family
dwellings.
Section 9.2 Nuisances. No noxious or offensive activities shall be carried on
upon any Lot, nor shall any activity be engaged in which would became an
annoyance or nuisance to the residents of the Lots in the Property. "Noxious" or
"offensive" shall mean any activity, visual impression, odor or noise which
appreciably interferes with the quiet and undisturbed use of his or her property by
any Lot owner or lawful occupant of any Lot. The ARC shall, in the event that a
question arises, become the arbiter of what constitutes a nuisance. If the
determination of the ARC is disputed, then all legal and factual questions shall be
determined by a majority vote determined by secret ballot of the members of the
Association at a regular annual meeting, and the Association, by such vote, shall
determine whether the use in question violates this section. Following such vote,
there shall be no further remedy for either the Owner or the Association.
Section 9.3 Maintenance of Lots. In the event that any Lot Owner fails or
refuses to keep the Lot premises free from weeds, underbrush, refuse piles, or
other unsightly growth or objects, then, after 30 days notice from the ARC, the
Association or its designee shall be entitled to enter upon such lands and remove
the same at the expense of the Owner, and such entry shall not be a trespass.
The costs incurred by the Association for such removal shall be a lien on such
Lot, and such amount, together with any collection costs shall be due and
payable 30 days after the Owner is sent a bill therefore. In the event of the
failure of the Owner to pay such amount within 30 days of being billed for the
same, the lien for such amount shall be enforceable by legal proceedings in the
same manner as provided in Section 7.10.
14

Section 9.4 No Temporary Structures. No structure of a temporary nature
and no trailer, tent, shack, garage barn or other outbuilding shall be used on any
Lot at any time as a dwelling or residence, either permanently or temporarily.
Section 9.6 Parking of Vehicles and Recreational Vehicles. No' boat,
motor boat, trailer, motor home or mobile home or similar type vehicle may be
kept, stored or placed on any Lot unless the same is enclosed in a wall or
vegetative screen approved by the ARC such that the same are not visible from
the street or from other Lots in the Properties.
Section 9.6 Animals. No animals kept for resale or breeding shall be kept or
maintained on any lot or in any residence on the property. No animals posing a
danger to any other owners shall be kept or maintained on any lot or in any
residence on the property.
Household pets may be kept provided that their boarding does not create
levels of noise or odor which interfere with the rights of other Owners to the
undisturbed use and possession of their properties.
All animals must be properly penned, and not allowed to roam or run free
on areas of the Property other than the Lot owned by the animal's owner.
Section 9.7 Signs. All signs shall be subject to the approval of the ARC, but
the use of "For Sale" signs shall not be denied if in compliance with applicable
laws and if properly maintained.
Section 9.8 Alterations to Common Areas. Only the Association may make
or authorize alterations to any Common Areas.
Section 9.9 Restrictions On Further Subdividing. The subdividing of lots is
not allowed without the approval of the Declarant, during the period of Declarant
control [Section 8.1], or the Association thereafter,i except that Declarant may
reconfigure unsold lots. For purposes of this provision "subdivide" or
"subdividing" shall include any process whereby the size or configuration of a lot
is altered or the number of lots is changed.
(� J�m U t- PART 10
Rights of Lenders
Section 10.1 "Institutional Lender" Defined. Institutional Lenders shall
mean banks and other lending institutions making loans secured by deeds of
trust on any of t1he Lots in the Property.
Section 10.2 Rights of Lenders. institutional lenders shall be entitled
to receive written confirmation of the status of this Declaration with respect to any
rights and obligations arising hereunder as they apply to any Lot within the
15

Property, and stating whether any Lot or Lot Owner is in compliance with such
obligations.
Section 10.3 Providing of Information to Lenders: The information
referred to in Section 10.2 shall be provided to institutional lenders upon request.
The Association shall be entitled to charge a fee for this service, if such is
deemedappropriate, to be in an amount similar to that charged by the
institutional lenders for written information provided by them.
PART 11
Addition of Properties
11.1 Vote Required. Except as provided below, the addition of property to
this Declaration shall require the assent of two -third (2/3rds) of the members of
the Association at a meeting called for this purpose, or an annual meeting for
which such matter has been placed on the agenda, notice of such in either case
to be given at least 30 but not more than 60 days prior to the meeting.
11.2 Declarant may add properties. If the Declarant or its successors or
assigns shall develop any Additional Property contiguous to the property
depicted on the initial plat, such property or any portion thereof may be added to
the Properties included in this Declaration without assent of the Association or its
members, provided, however, that such Additional Property shall be limited to
properties described in the deeds to Declarant recorded in Book 3252at pages
324, 332 and 339. Addition of Properties by this section shall become effective
upon the filing by Declarant of a supplemental or amended Declaration in the
Pender County Register of Deeds Office.
11.3 Use Restrictions on Additional Properties. Nothing herein shall
prevent Declarant from imposing different use restrictions or architectural
controls on any Additional Properties; provided, that no dwellings of less than
1500 square feet shall be allowed on any additional properties, and no other
restrictions or architectural controls shall be imposed on any additional properties
which would adversely affect the values of the other Properties subject to these
restrictions.
PART 12
General Provisions
12.1 The Association or any Owner who is a member in good standing shall
have the right to enforce by any proceeding at law or in equity all restrictions,
conditions, covenants, reservations, liens, charges and other obligations now or
hereafter imposed by the provisions of this Declaration. Failure of the
Association or its Owner -Members to enforce an provision contained herein shall
not be deemed a waiver or such provision or the right to enforce the same
thereafter.
16

12.2 Stormwater Runoff Enforcement. The State of North Carolina is
hereby made a beneficiary of this Declaration to the extent necessary to enforce
its stormwater runoff regulations as the same may apply and be amended from
time to time.
12.3 Severability. Invalidation of any one or more of these covenants or
restrictions by judgment or court order or otherwise shall not affect any other
provisions, which shall remain in effect as written.
12.4 Lots Subject to Declaration. All present and future owners, tenants
and occupants of Lots, and their guests or invitees, shall be subject to and shall
comply with the provisions of this Declaration, as it may be amended from time to
time as provided herein. Acceptance of a deed or lease, or entering into
possession of a Lot shall constitute acceptance of a ratification of the validity of
all of the provisions set for the herein. The provisions of this Declaration be
binding and shall inure to the benefit of an by enforceable by the Association or
any Owner, or their heirs, successors or assigns for a period of 20 years form the
date of recording of this Declaration. After the end of the 20 year period, this
Declaration shall automatically renew for successive periods of 10 years each
unless modified or terminated by a two-thirds (2/3rds) vote of the Association as
provided in Section 12.5 below.
12.5 amendment of Declaration. Except as provided in Sections 8.2 and
11.2 above, Section 12.6 below, and elsewhere herein, the covenants and
restrictions of this Declaration may be amended only by and as provided in an
instrument duly recorded in Pender County executed by the officers of the
Association, reflecting action by a two-thirds (2/3rds) vote of the Members;
provided, that no amendment shall be valid if contrary to law or if the same
purports to limit or negate the rights of the Declarant as provided herein.
12.6 Amendments by Declarant. The following amendments may be
effected by the Declarant, during the period of Declarant control [Section 8.1], or
the Executive Board of the Association thereafter, without the consent of the
Members:
a. Prior to the sale of the first lot, the Declaration may be amended by
the Declarant.
b. Declarant may amend this Declaration to effect the addition of lands
as provided in Section 11.2.
C. Declarant or the Board by amend this Declaration to correct any
obvious error or inconsistency in drafting, typing or reproduction.
d. Declarant, so long as it retains control of the Association [See
Section 8.1], shall have the right to amend this Declaration to
conform to the requirements of any applicable law or governmental
regulation or the rulings of any governmental agencies having
17

jurisdiction; or, to qualify the Property or any Lots and improvements
therein for mortgage or improvement loans made, insured or
guaranteed by a government agency; or, to comply with the
reauirements of law or regulations of any quasi -governmental
corporation or agency, upon a letter from any such corporation or
agency requesting or suggesting that an amendment is necessary to
comply with the requirements of such corporation or agency.
e. The Declarant, so long as it shall retain control of the Association,
and, thereafter, the Executive Board, may amend this Declaration as
shall be necessary, in its opinion, and without the consent of any
Owner, to qualify the Property or any portion thereof. for tax-exempt
status.
f. Declarant, for so long as it shall have control of the ARC, may
amend this Declaration to include any platting change of the
Property as permitted herein.
IN WITNESS WHEREOF, Declarant has caused this instrument to be
executed in its name by its authorized Manager, as of the date written above
MONTAGUE WOODS, LLC
By Manager
NORTH NORTH CAROLINA
PENDER COUNTY
I, the undersigned Notary Public, do hereby certify that
AE"APUO ,I . MOK(s appeared before me this day and acknowledged that
he is Manager of Montague Woods, LLC, a North Carolina Limited Liability
Company, and that he, as Manager, being authorized to do so, executed the
foregoing on behalf of the Company.
WITNESS my hand and notarial seal this 3 day of January, 2008.
My Commission expires: c Gg wy:�'
Nota1v Public
18

Burd. Tina J
From: Burd, Tina J
Sent: Tuesday, January 8, 2019 11:06 AM
To: '[e-mail]'; '[e-mail]'
Subject: SW8 070904 - Vineyard Trace Phase 2 (Previously named Montague Woods)
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Application and $505.00 fee for the subject project on January 7, 2019. The project has been
assigned to Steve Pusey and you will be notified if additional information is needed. Please be advised that the
construction of built -,upon area may not commence until the Stormwater Permit is issued.
Best Regards,
Tina Burd
Administrative Associate it
Wilmington Regional'Office
Division of Environmental Assistance & Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
DKO'e.
Nwe
Emaii cc:; ,; i ,- = ra and from this address is ub ect to the
North Cai i,'Iif;5 rlt' i' = Records L,aw an imay be disc't'os pe to tht!" 1 PE3rt es.

�41�xfYF.rYss nn ln�lu•kJ pcW4m4rk��..��._�,_�_, �^.�^�__ _
First Sank
66-4661631
March Properties Inc
6227 Head Rd S „
Wilmington, NC 28409
PAY TO THE ac�-
ORDEROF Y
CAXX
' j,
DOLLARS
MEMO SUDO b / 0 96

Application Completeness Review Checklist
Project Name: z - a.st 2— Date Delivered to WIRO: Z.p
r- , 6 BIMS Received/Accepted Date: i
Project Couney/Location: _ `!W *BIMS Acknowledged Date:
'Rule(s). 1:32017 Coastal 2008 Coastal❑1995 Coastal Phase II OlUniversal 1-11988 Coastal
OPermit Action: New k6ajor Mod,' Minor Mod / Renewal / Transfer **New Permit #:
(Permit Type: HD LU'/ LD Overall / HD &LD Combo
General Permit / Offsite / Exempt / Rescission
SCM Type(s):
Development Type: Commercial Resident' I / Other
Subdivided?: Subdivision or Single Lo.
For New or Transferred Permits Permittee is:
Property Owner(s) Developer Lessee LJ Purchaser FHOA
Existing Permit #: 5 Gc] g d 70 5b
MPE Cert on File?
Offsite to SW8: _
Master PE Cert on File? ��
5PapE Zupp
rk Emailed Engineer on:
iement(s) (1 original per BMP)
H 0
with correctlonginal signatures (1 originalper BMF except LSIVFS and swales)
pplication with correct/original signatures
ElCorp or LLC: Sig. Auth. per Soy or Signature Authorization letter or report
la,505 (within 6ma) Check#(s): oat MNo Fee
oils Report: w/SHWT or General Report
Calculations (signed/sealed)
E36eed Restrictions, if subdivided:
"Signed & Notarized Template
"Correct Template ICc
0 iecorded Covenants
Recorded Plats
Project Narrative
FIUSGS Map
im/Res & HD/LD) or Dec. Covenants & Rest.
.4-v 4 e- At a.A re_-
FIS0% or more Lots Sold List
Stream Class:
E1i SA Map EIORW Map
Email Address: Design Engineer
F]"Email Address: Property Owner
Deed
Email Address: Lessee
®Lease Agreement
®Email Address: Purchaser
®Purchase Agreement
Email Address: Developer
Email Address: HOA Represenxative
Plans fro
L?` s"Lts Wetlands: Delineated or No Wetlands
1 M311'
"ldnity Map roject Boundaries
l.e€;end ��out (proposed BUA dimensions)
EIDA�Maps et:ails (roads, cul-de-sacs, curbs. sidewalks. BMPs, Buildings, etc)
Ling Cni%Eons Larldscape Plan
L_['rading Seal
REVIEWER NAME: NOTES TO REVIEWER: "Enter BIMS Acknowledged Date on this Sheet
**FOR NEW Projects -Enter New Permit # on
Supplements & Deed Restiction Templates.
:WQ\\\Reference Libra rvNProcedures\Checklists\Completeness Review Checklist_2018 03 13

07U���
Lewis,Linda
From: Lewis,Linda
Sent: Wednesday, November 28, 2018 10:00 AM
To: '[e-mail]'
Cc: 'Garry Pape'; Johnson, Kelly
Subject: Link to State Stormwater website Forms / Mod to SW8 070904
Mr. Morris
Here is the link to our state stormwater forms. Please scroll all the way down to Permitting Options
Standard and click on the SWU-101 form, and the Low Density Supplemental Form and the Deed
Restriction form for a low density residential subdivision:
I6.t,ts:,/de nc.piov/about/divisions/eneto ,-r,ic,ieral.-I nd-resources/enei ~ -mineral-land-
rules/stornnts!ater_proc ram/ ost-const= action
For your convenience, I've copied Mr. Pape on this email. Please note that under Session Law 2014-
120, Phase 2 of Montague Woods may be "grandfathered" to the same rules and density as the
previously approved development under SW8 070904. This will only apply if Phase II of the
subdivision was approved by the local government (I.e., Pender County) before July 3, 2012. 1 do not
know if the original plat approved by Pender County for this subdivision included Phase 2 or not.
If Pender County approved the second phase after July 3, 2012, then of course, the 2017 rules would
apply to Phase II of the SW8 070904 development.
Please note that the permit for Phase I of Montague Woods has not been transferred to the
Association. The stormwater permit does NOT automatically transfer when you convey the common
area to the HOA. You have to complete a transfer application (also located at the link above) and
submit it to the Division for approval.
note that you have not submitted a copy of the required RECORDED deed restrictions for Phase I.
As part of the modification to SW8 070904, you will need to provide a copy of the current recorded
deed restrictions and a copy of the proposed amendment which will annex Phase 2 and allocate BUA
to the Phase 2 lots.
And finally, if you have changed the name of the subdivision (now Vineyard Trace??) you will want to
note that on the modified application as well.
Please let me know if you or Garry have any further questions.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental ^uality
910-796-7215 Office
!i:ryrl� I�r•rieri;lnnrinnr nn«
Wilmington Regional Office
127 Cardinal Drive Extension

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St to Stormwater Inspection Report
General e—
Project Name:. �q �Qt wco Permit No: S W8 bl ott p y Expiration Date:
Contact Person: Phone Number: Inspection Type: j
--- — _ —'
Inspection Date; `' ' Time In: �� ! Time Out: 3 J 7/
Current Weather: Recent Rain (Date)? I Rain — in
Facility Address / Location:
I
City: I Zip: County: Lat: "N I Long: - 0"W
Permit Information
Rule Subject to (circle one): 1988 CoastalRule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246
Goose Creek High Quality Waters Outstanding Resource Waters
Density (circle one): High (HD) QD
Stormwater Best Management Practices (BMPs) (insert number of each):
Wet Ponds Infiltration Basins Infiltration Trenches LD Swales Stormwater Wetlands
Dry Ponds Bioretention Permeable Pavement Sand filters (circle one) Open Closed
Cistern Level Spreader/Filter Strip Other (spec):
File Review Yes No N/A N/E
1. Is the permit active?
2. Signed Engineer's Certification on file?
3. Signed Operation and Maintenance agreement on file? np ^ !1h QXI
4. Recorded Deed Restrictions on file?
Site Visit- Ruilt tlnnn Arpa IRIIA1 U__ K1_ .11A
5. BUA is constructed and consistent with the permit requirements?
6. BUA (aspermitted) is graded such that the runoff drains to the system? i h density only
7. Drainage area is consistent withpermit? i.e. no un ermitted drainage to the SW BMPs)
8- Drainage area is stabilized? (to reduce risk of sedimentation to the SW BMPs
Site Visit: Stormwater RMPs V__ Ki„ krrA kilo
9. Stormwater BMPs are located per the approvedplans?
—�
10. Stormwater BMPs have dimensions e . length, width, area) matching the approvedplans?
11. Stormwater BMPs are constructed per the approvedplans?
Site Visit: Oneration and Maintenanr_e v__ K1_ svA sill=
12. Access points to the site are clear and well maintained?
13. Trash has been removed as needed? j
14. Excessive landscape debris (grass clippings, leaves, etc) is controlled? /
15. Stormwater BMPs being operated and maintained as per the permit requirements? r
16. Inspection and" Maintenance records are available for inspection? (high density only, 1995 — present onl
Site Visit: Other Permit Conditions Yes No N/A N/E
17. Is the site compliant with other conditions of the permit? I I I I I
Yes No N/A N/E
1 18. Is the site compliant with other water quality issues as noted durine the inspection? I I I II
State Stormwater Inspection Report, Version 3.0_3-09 Page 1 of 2

State Stormwater Inspection Report
Comments
4K
ion Pictures (some of the pictures taken during the site
Compliance Status
❑
Compliant ❑
Non -Compliant
Letter Sent (circle one):
Yes
No Letter type:
CEI NOV NOVRE Other
Date Sent: Reference Number:
Inspector Name and Signature: Date:
State Stormwater Inspection Report, Version 3.0_3-09 Page 2 of 2

LIMITED LIABILITY COMPANY ANNUAL REPORT
10/2017
NAME OF LIMITED LIABILITY COMPANY: KIantague Woods. LLC
SECRETARY OF STATE ID NUMBER: 0920928 STATE OF FORMATION: NC
REPORT FOR THE CALENDAR YEAR: gnl u
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: Mnrric Rprnnrri .I
2. SIGNATURE OF THE NEW REGISTERED AGENT:
3. REGISTERED OFFICE STREET ADDRESS & COUNTY
6227 Head Road
E-Filed Annual Report
0920928
CA201806604343
3/7/2018 11:41
Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
4. REGISTERED OFFICE MAILING ADDRESS
6227 Head Road
Wilmington, NC 28409 New Hanover County Wilmington, NC 28409
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate
2. PRINCIPAL OFFICE PHONE NUMBER: [phone]
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY
6227 Head Road
3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
5. PRINCIPAL OFFICE MAILING ADDRESS
6227 Head Road
Wilmington, NC 28409 Wilmington, NC 28409
6. Select one of the following if applicable. (Optional see instructions)
✓❑ The company is a veteran -owned small business
11 The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: Berna,,-d J Mie.irris NAME:
TITLE Mar laq F TITLE:
ADDRESS:
!.L FrJ'-
11%
t!'IlrnIIi gt on, Nl 8409
ADDRESS:
NAME:
TITLE:
ADDRESS:
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
Bernard i Morris 3/7/2018
SIGNATURE
Form must be signed by a Company Official listed under Section C of This form.
Bernard J Morris
Manager
DATE
Print or Type Name of Company Official Print or Type Title of Company Official
This Annual Report has been filed electronically.
MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, November 1, 2018 2:28 PM
To: James, Trentt
Subject: FW. Vineyard Trace, Pender County (aka Montague Woods)
So, this turned out to be permitted under a different name, Montague Woods. It is super flat (the entire road is at the
same elevation) with 8ft wldc 3:1 "wales" disch�irRin- to the main road, Richard Switch Road. All we need to do is
verify that the swales are there; and I will writo him a letter asking for the certification and the deed restrictions.
Thanks,
Kel?v
From: Johnson, Kelly
Sent: Thursday, November 1, 2018 1:34 PM
To: James, Trentt <[e-mail]>
Subject: Vineyard Trace, Pender County
Trentt,
Do you know anything about Vineyard Trace off of Richard Switch Road? I had a call from AI Corbett, the owner of the
two undeveloped lots on the cul-de-sac. He called about flooding, but I looked it up to see if they have a SSW permit,
and there isn't one under that name. Do you all have one for E&SC? Mr. Corbett said that the road was constructed
with the subdivision and each of his lots is about an acre so it sounds like it would have triggered permitting.
Thanks,
KJ

I,U� Jokwsow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

�R
CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
January 28, 2013
Bernard J. Morris, President
March Properties, Inc.
Montague Woods
6264 Hawks' Bill Rd.
Wilmington, NC 28409
Subject: NOTICE OF INSPECTION
Montague Woods
Permit No. SW8 070904
Pender County
Dear Mr. Morris:
John E. Skvarla, III
Secretary
On January 14, 2013, staff of the Wilmington Regional Office of the Division of Water
Quality (DWQ) inspected Montague Woods in Pender County to determine the status of
compliance with Stormwater Management Permit Number SW8 070904 issued on
September 27, 2007. DWQ file review and site inspection revealed that the site is
compliant with the terms and conditions of this permit. Please find a copy of the
completed form entitled "Compliance Inspection Report" attached to this letter.
Please be advised that you are required to comply with the terms, conditions and
limitations of your Stormwater Management Permit under Title 15A North Carolina
Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including
operation and maintenance of your permitted stormwater system.
If the project has changed its name, ownership or mailing address, a completed and
signed Name/Ownership Change form must be submitted to DWQ at least 30 calendar
days prior to making the changes. Please include the name, mailing address and
phone number of the person or entity that is now responsible for this permit on the
Name/Ownership Change form.
If you have any questions, please contact David Cox at the Wilmington Regional
Office, telephone number (910)-796- 7318.
Sinrely,
D Cox
Environmental Spe ialist
Enc: Compliance Inspection Report
GDS1dwc: S:lWWStormwaterTermits & Projects12007t070904LD12013 01 CEI_compiiant 070904
cc: WiRO Stormwater File
Georgette Scott
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 ne
Phone: [phone] FAX: 910�50-20041 DENR Assistance:1-877-623-6748 4c�ffiCarolina
Internet' www.ncwaterquallty.org

Compliance Inspection Report
Permit: SW8070904 Effective: 09/27/07 Expiration: Owner: Montague Woods LLC
Project: Montague Woods
County: Pender Richard Switch Rd
Region: Wilmington
Contact Person: Bernard J Morris Title:
Currie NC 28435
Phone: [phone]
Directions to Project:
NC 210 & NC 421, SE on NC 421 to Richard Switch Road. Turn right and project on right approx. 783 ft.
Type of Project: State Stormwater - Low Density
Drain Areas: 1 - (Long Creek) (03-06-23) (C;Sw)
On -Site Representative(s):
Related Permits:
Inspection Date: 01/14/2013 Entry Time: 02:00 PM
Primary Inspector: David W Cox
Secondary Inspector(s):
Reason for Inspection: Other
Permit Inspection Type: State Stormwater
Facility Status: ® Compliant ❑ Not Compliant
Question Areas:
lill State Stormwater
(See attachment summary)
Exit Time: 02:15 PM
Phone: [phone]
Inspection Type: Transfer Renewal
Page: 1

Permit: SW8070904
Inspection Date: 01/14/2013
Inspection Summary:
Owner - Project: Montague Woods LLC
Inspection Type: Transfer Renewal
Reason for Visit: Other
Please submit a copy of the recorded restrictive covenants when you submit your Transfer Application.
File Review
Is the permit active?
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment: This office has not received a copy of the recorded restrictive covenants.
Yes No NA NE
Page: 2