SW8040723_CURRENT PERMIT_20211001 (2)

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 CiLi 012 3
DOC TYPE
CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
207-1 to of
YYYYMMDD

ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRIAN WRENN
Director
October 1, 2021
Southern Oaks Homeowners Association
Attn: Robi Bennett, President
604 Woodland Forest Ct
Wilmington, NC 28403
NORTH CAROLINA
Enykmia enfal Quality
Subject. Permit Renewal
State Stormwater Management Permit No. SW8 040723
Southern Oaks at Bradley Creek
New Hanover County
Dear Ms. Bennett
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality
(DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will
remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this permit
will now reference DEMLR as the Division responsible for issuance of the permit
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued
by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current
and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any
stormwater permit that was set to expire during this time frame to three (3) years from its current expiration date. On
August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years
extension.
The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for
the subject project on September 30, 2021. The Division is hereby notifying you that permit SW8 040723 has been
renewed on October 1, 2021, and shall be effective until August 23, 2026, which includes all available extensions. For
your records, please find enclosed a renewed, updated, and re -issued permit and a copy of the renewal application. As
requested, a copy of the current operation and maintenance agreement is enclosed. Please keep this permit on file at all
times. Please note that the renewed, updated, and re -issued permit does not impose new or different terms; it merely
restates some of the previous terms to provide you with a better understanding of your obligations under the permit.
The renewal and reissuance of this stormwater permit does not imply that the site is currently in compliance with the
terms and conditions of this state stormwater permit The plans originally approved on August 23, 2004 and most
recently transferred on April 28, 2010, will remain in full force and effect in accordance with the regulations set forth in
Title 15A NCAC 2H.1000.
This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the
conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed
restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit Failure to establish
an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions,
to transfer the permit, or to renew the permit, will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written
petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within
thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a
filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or
via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit
shall be final and binding.
r D ra 0% North Carolina Department of Ernnonmental Quality I Dwimon of rnervy. Arineral and Land Resources
r Wilmington Regional Office 1 127 Cardinal Drive Extension � Mhnington. North Carolina 28405

State Stormwater Permit No. SW8 040723
Page 2 of 2
If you have any questions, need additional copies of the permit or approved plans, please contact Ashley Smith in the
Wilmington Regional Office, at [phone] or [e-mail].
Since'rreely, Q �w
zA.�- Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: O & M Agreement
Attachment C - Permitting History
Renewal Application Documents
DES/ams: %Stormwater\Petmits & Projects\2004\040723 HD\2021 10 permit 040723
cc: Robi Bennett, President; Southern Oaks Homeowners Association; P.O. Box 198; Wrightsville Beach, NC 28403
NCDEQ-DEMLR Wilmington Regional Office
D � North Carolina Department of Environmental Quality I Division of Energy, Mmerel and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
namrr cnauk. l
910.796.7215

State Stormwater Management Systems
Permit No SW8 040723
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH 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
PERMISSION IS HEREBY GRANTED TO
Southern Oaks Homeowners Association
Southern Oaks at Bradley Creek
301 Hooker Rd, Wilmington, New Hanover County
FOR THE
operation and maintenance of two wet detention ponds in compliance with the provisions of 15A
NCAC 2H .1000 effective September 1, 1995 (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 Energy, Mineral and Land Resources (the "Division"
or "DEMLR") and considered an enforceable part of this permit.
This permit shall be effective from the date of issuance until August 23, 2026, and shall be subject to
the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data
2. This stormwater system has been approved for the management of stormwater runoff as
described on page 2 of this permit, the Project Data Sheet The subdivision is permitted for 24
lots, each allowed a maximum of 4, 500 square feet of built -upon area.
3. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
4. All stormwater collection and treatment systems must be located in either dedicated common
areas or recorded easements. The final plats for the project will be recorded showing all such
required easements, in accordance with the approved plans.
Page 1 of 6

State Stormwater Management Systems
Permit No. SW8 040723
The following design elements have been permitted for this wet detention pond stormwater
facility, and must be provided in the system at all times.
a.
Drainage Area, acres:
813
Onsite, ft2:
354,165
Offsite, ft2:
0
b.
Total Impervious Surfaces, ft2.
153,417
24 Lots at 4,500 ft2:
108,000
Roads/Parking, ft2.
34,792
Other, ft2:
10,625
Offsite, ft2:
0
C.
Pond Depth, feet:
5.0
d.
TSS removal efficiency:
90%
e.
Design Storm:
V
f.
Permanent Pool Elevation, FMSL:
12.80
g.
Permitted Surface Area @PP, ft2.
12,050
In.
Permitted Storage Volume, ft3:
14,499
i.
Storage Elevation, FMSL.
13.9
j
Controlling Orifice:
1.5"0 pipe
k.
Permanent Pool Volume, ft3
41,915
I.
Forebay Volume, ft3:
8,523
m.
Maximum Fountain Horsepower
1/6
n.
Receiving Stream / River Basin:
Bradley Creek / Cape Fear
o.
Stream Index Number
CPF24 18-87-24-4-(1)
p.
Classification of Water Body:
" SC HQW"
II. SCHEDULE OF COMPLIANCE
The permittee is responsible for verifying that the proposed built -upon area for the entire lot,
including driveways and sidewalks, 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
Division, and responsibility for meeting the built -upon area limit is transferred to the individual
property owner.
2 If an Architectural Review Board or Committee is required to review plans for compliance with
the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals
given by the Board do not relieve the homeowner of the responsibility to maintain compliance
with the permitted BUA limit.
3. 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.
4. The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface
5. During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, a certification must be received from an appropriate
designer for the system installed certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and specifications must be noted on
the Certification. A modification may be required for those deviations.
7. If the stormwater system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to occupancy of the
facility.
Page 2 of 6

State Stormwater Management Systems
Permit No SW8 040723
8. Prior to the sale of any lot, the following deed restrictions must be recorded.
a The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 040723, as issued by the Division
under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, DEMLR.
e. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division.
f. The maximum built -upon area per lot is 4,500 square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and that
portion of the right-of-way between the front lot line and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick,
stone, slate, coquina and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
g. All runoff on the lot must drain into the permitted system. This may be accomplished
through a variety of means, including, installation of roof drain gutters which drain to
the street, grading the lot to drain toward the street, or grading perimeter swales and
directing them into the pond or street. Lots that will naturally drain into the system are
not required to provide these measures.
9. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of
the date of recording the plat, and prior to selling lots. The recorded copy must contain all of
the statements above, the signature of the Permittee, the deed book number and page, and
the stamp/signature of the Register of Deeds
10. Decorative spray fountains are allowed in the pond, subject to the following criteria:
a. The minimum permanent pool volume is 30,000 cubic feet.
b. The fountain must draw its water from less than 2' below the permanent pool surface.
C. Separated units, where the nozzle, pump and intake are connected by tubing, may be
used only if they draw water from the surface in the deepest part of the pond.
d The fountain may not be placed into the forebay.
e. The falling water from the fountain must be centered in the main pond, away from the
shoreline
f. The maximum horsepower for a fountain in this pond is 1/6 horsepower.
11. Prior to transfer of the permit, a file review and site inspection will be conducted by Division
personnel to ensure the permit conditions have been met and that the project and the on -site
stormwater system complies with the permit conditions. Any items not in compliance must be
repaired, replaced restored, or resolved prior to the transfer. Records of maintenance activities
performed to date may be requested.
12 The permittee shall at all times provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function at the design condition. The
approved Operation and Maintenance Plan must be followed in its entirety and maintenance
must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months)
b Sediment removal.
C. Mowing and revegetation of side slopes
d. Immediate repair of eroded areas
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and piping.
g. Access to all components of the system must be available at all times.
Page 3 of 6

State Stormwater Management Systems
Permit No. SW8 040723
13. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR. The records will indicate the date, activity, name of person
performing the work and what actions were taken.
14. The facilities shall be constructed, operated and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division.
15. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick,
stone, slate, coquina and parking areas, but does not include raised, open wood decking, or
the water surface of swimming pools
16. No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications. Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below. For changes to
the project or SCM that impact the certifications, a new or updated certification(s), as
applicable, will be required and a copy must be submitted to the appropriate DEQ regional
office upon completion of the modification
a. Any modification to the approved plans and specifications; regardless of size including
the SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
C. Further development, subdivision, acquisition, lease or sale of any, all or part of the
project and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan
e. The construction of any allocated future BUA.
f. Adding the option to use permeable pavement or #57 stone within the lots as a
permeable surface. The request may require a proposed amendment to the deed
restrictions and protective covenants for the subdivision to be submitted and recorded.
g. The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications.
h. Other modifications as determined by the Director.
III. GENERAL CONDITIONS
1. Any individual or entity found to be in noncompliance with the provisions of a stormwater
management permit or the requirements of the stormwater rules is subject to enforcement
procedures as set forth in NCGS 143 Article 21.
2. The issuance of this permit does not preclude the permittee from complying with and obtaining
any other permits or approvals that are required for this development to take place, as
required by any statutes, rules, regulations, or ordinances, which may be imposed by any
other Local, State or Federal government agency having jurisdiction. Any activities undertaken
at this site that cause a water quality violation or undertaken prior to receipt of the necessary
permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to
enforcement procedures pursuant to NCGS 143-215.6
3. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective
actions This includes actions required by this Division and the stormwater rules such as the
construction of additional or replacement on -site stormwater systems These additional or
replacement measures shall receive a permit from the Division prior to construction.
Page 4 of 6

State Stormwater Management Systems
Permit No SW8 040723
4. Permit Transfer This permit is not transferable to any person or entity except after notice to
and approval by the Director. The permittee shall submit a completed and signed "Permit
Transfer Application Form" (available on the Division website) accompanied by the required
fee and supporting documentation as listed on the form, to the Division at least 60 days prior
to any one or more of the following events'
a The sale or conveyance of the protect area in whole or in part, except in the case of an
individual lot sale that is made subject to the recorded deed restrictions and protective
covenants;
b. The assignment or conveyance of declarant rights to another individual or entity,
C. The sale or conveyance of the common areas to a Homeowners or Property Owner's
Association, subject to the requirements of NCGS 143-214.7(c2),
d Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or
NCGS 57D-6-07 and 08,
e. Bankruptcy,
f. Foreclosure, subject to the requirements of Session Law 2013-121;
5 Current Permittee Name or Address Changes: The permittee shall submit a completed
"Permit Information Update Application Form" (available on the Division website) to the
Division within 30 days to making any one or more of the following changes:
a A name change of the current permittee,
b. A name change of the project,
C. A mailing address change of the permittee;
6. The permittee is responsible for compliance with all terms and conditions of this permit until
the Division approves the transfer request. Neither the sale of the project, in whole or in part,
nor the conveyance of common area to a third party constitutes an approved transfer of the
permit.
7. The permittee grants Division Staff permission to enter the property during normal business
hours to inspect all components of the permitted project
8. The permit issued shall continue in force and effect until the permittee files a request with the
Division for a permit modification, transfer, renewal, or rescission; however, these actions do
not stay any permit conditions.
9. Approved plans, application documents, supplements, calculations, operation and
maintenance agreement, and specifications for this project are incorporated by reference and
are enforceable parts of the permit. A copy of this permit, application, supplements, operation
and maintenance agreement, and approved plans and specifications shall be maintained on
file by the permittee.
10. Unless specified elsewhere, permanent seeding requirements for the on -site stormwater
system must follow the guidelines established in the North Carolina Erosion and Sediment
Control Planning and Design Manual.
11. 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 for cause as allowed by the
laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al
12. A permit renewal request must be submitted at least 180 days prior to the expiration date of
this permit The renewal request must include the appropriate application, documentation and
the processing fee as outlined in Title 15A NCAC 02H.1045(3).
Page 5 of 6

State Stormwater Management Systems
Permit No. SW8 040723
Permit renewed, updated and reissued this the 1 st day of October 2021.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Brian inn, DfrectoY
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 6 of 6

Attachment C - Permitting History
Southern Oaks at Bradley Creek
Permit No. SW8 040723
Approval
Date
Permit
Action
BIMS
Version
Description of the Changes
8/23/2004
Original
Approval
1.0
4/28/2010
Transfer
1.1
from MRW Properties, Inc to
Southem Oaks Homeowners
Association
10/1/2021
Renewal
2.0

Permit Number. 5Z,0 6�0-23
(to be provided by DWQ)
Drainage Area Number: /
Wet Detention Basin Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP. !
The wet detention basin system is defined as the wet detention basin, �/�� QY
pretreatment including forebays and the vegetated filter if one is ped.
This system (check one):
❑ does ® does not incorporate a vegetated filter at the out, .�.j�
This system (check one):
❑ does ® does not incorporate pretreatment other than a forebay.
Important maintenance procedures:
— Immediately after the wet detention basin is established, the plants on the
vegetated shelf and perimeter of the basin should be watered twice weekly if
needed, until the plants become established (commonly six weeks).
— No portion of the wet detention pond should be fertilized after the first initial
fertilization that is required to establish the plants on the vegetated shelf.
— Stable groundcover should be maintained in the drainage area to reduce the
sediment load to the wet detention basin.
— If the basin must be drained for an emergency or to perform maintenance, the
flushing of sediment through the emergency drain should be minimized to the
maximum extent practical.
— Once a year, a dam safety expert should inspect the embankment.
After the wet detention pond is established, it should be inspected once a month and
within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a
Coastal County). Records of operation and maintenance should be kept in a known set
location and must be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element:
Potentialproblem:
How I will remediate theproblem:
The entire BMP
Trash/debris is present.
Remove the trash/debris.
The perimeter of the wet
Areas of bare soil and/or
Regrade the soil if necessary to
detention basin
erosive gullies have formed.
remove the gully, and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
Vegetation is too short or too
Maintain vegetation at a height of
long.
approximately six inches.
Form SW401-Wet Detention Basin O&M-Rev.4
Page 1 of 4

Permit Number: SAl—e �a J
(to be provided by DWQ)
Drainage Area Number:
BMP element:
Potentialproblem:
How I will remediate theproblem:
The inlet device: pipe or
The pipe is clogged.
Unclog the pipe. Dispose of the
swale
sediment off -site.
The pipe is cracked or
Replace the pipe.
otherwise damaged.
Erosion is occurring in the
Regrade the swale if necessary to
swale.
smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion.
The forebay
Sediment has accumulated to
a depth greater than the
Search for the source of the
sediment and remedy the problem if
original design depth for
possible. Remove the sediment and
sediment storage.
dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Erosion has occurred.
Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present.
Remove the weeds, preferably by
hand. If pesticide is used, wipe it on
the plants rather than spraying.
The vegetated shelf
Best professional practices
Prune according to best professional
show that pruning is needed
practices
to maintain optimal plant
health.
Plants are dead, diseased or
Determine the source of the
dying.
problem: soils, hydrology, disease,
etc. Remedy the problem and
replace plants. Provide a one-time
fertilizer application to establish the
ground cover if a soil test indicates
it is necessary.
Weeds are present.
Remove the weeds, preferably by
hand. If pesticide is used, wipe it on
the plants rather than spraying.
The main treatment area
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design sediment
possible. Remove the sediment and
storage depth.
dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Algal growth covers over
Consult a professional to remove
50% of the area.
and control the algal growth.
Cattails, phragmites or other
Remove the plants by wiping them
invasive plants cover 50% of
with pesticide (do not spray).
the basin surface.
Form SW401-Wet Detention Basin O&M-RevA Page 2 of 4

Permit Number: S WS Q / Uaa 3
(to be provided by DWQ)
Drainage Area Number:
BMP element:
Potentialproblem:
How I will remediate theproblem;
The embankment
Shrubs have started to grow
Remove shrubs immediately.
on the embankment.
Evidence of muskrat or
Use traps to remove muskrats and
beaver activity is present
consult a professional to remove
beavers.
A tree has started to grow on
Consult a dam safety specialist to
the embankment.
remove the tree.
An annual inspection by an
Make all needed repairs.
appropriate professional
shows that the embankment
needs repair. if applicable)
The outlet device
Clogging has occurred.
Clean out the outlet device. Dispose
of the sediment off -site.
The outlet device is damaged
Repair or replace the outlet device.
The receiving water
Erosion or other signs of
Contact the local NC Division of
damage have occurred at the
Water Quality Regional Office, or
outlet.
the 401 Oversight Unit at 919-733-
1786.
The measuring device used to determine the sediment elevation shall be such
that it will give an accurate depth reading and not readily penetrate into
accumulated sediments.
When the permanent pool depth reads 3.75 feet in the main pond, the
sediment shall be removed.
When the permanent pool depth reads 2.25 feet in the forebay, the sediment
shall be removed.
Sediment Removal
Bottom
1055 1 1
BASIN DIAGRAM
6611 in the blanke)
ft Min.
Sediment
Storage
Permanent Pool Elevation 12.8
Pool
Sediment Removal Elevation 9.05 Volur
----------- ----------------
-----
Bottom Elevation
Storage
FOREBAY
MAIN POND
Form SW401-Wet Detention Basin O&M-Rev.4 Page 3 of 4

L,
Permit Number. SW8 G `%O•'7 a�
(to be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Project name:Southern Oaks at Bradley Creek
BMP drainage area number:
Print name:Robi Bennett
Note: The legally responsible party should not be a homeowners association unless more than 50% of
the lots have been sold and a resident of the subdivision has been named the president.
1, Jehn i �eY /�� �rlc�ers on a Notary Public for the State of
County of do hereby certify that
o b 1, '� . 1,3e-vt nz t personally appeared before me this
day of M&Mk , ,P 01 o , and acknowledge the due execution of the
forgoing wet detention basin maintenance requirements. Witness my hand and official
seal,!//t/lu //1,rC�GL/ice
4z
#OTA.%.
�
M
SEAL
My commission expires 1 I— O 4 I
Form SW401-Wet Detention Basin O&M-Rev.4
Page 4 of 4

ULMLK UJt VNLY
Date Rec
1veq
Fee Paid
Permit Number
115
0
�ti8Qq D 03
NC DEQ Division of Energy, Mineral and Land Resources
• STATE STORMWATER:
PERMIT RENEWAL APPLICATION FOP..M
In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a penod of 8 years per Session Law 2011-398 (SB 781)
Section 60. (c). This application form is for permit renewals only.
A. PROJECT INFORMATION
1. State Stormwater Permit Number: ��b 7Z.3
2. Project name. S,o0-f-HEI ^V� ))0 A kX 0-
3. Project street address:
City: W, i^
County:
4. What, if any, changes have been made to the project as permitted?
ZIP :2�03
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at: https://deg.nc.gov/about divisions/energy-
m ineral-land-resources/energv-m ineral-la nd-rules/stormwater-program/post-con^tructio n.
B. PERMITTEE INFORMATION
If changes to the permittee or project name have been made, please complete either`the Permit Update form
or the Permit Transfer form available at: https://deg.r.c.gov/abouUdivisions/energv-mineral-land-
resources/energv-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not
automatically transfer with the sale of the property. / n
1. Current Permit Holder's Company Name/Organization.
2. Signing Official's Name: K4 91- B KAf✓U65pl->%
3. Signing Official's Title: l? RC-S'G'G�7L°-Nrt
4. Mailing Address: �cl q 11 0�>7LA
City: L41 state: /✓C zip2.
5. Street Address {fib 0 -x QK
City' State: C ZIP :
6. Phone: (g ( © ) 2 97 4710# Email: f-�%.ZIIkP_A(A AS-rAL, 1-AFF; Cn fA
SEP 13 2021 I
BY:
Stormwater Pen nit Renewal Form Page 1 of 3 May 11. 2018

C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR •
Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that
include all required items fiste-1 below will be accepted and reviewed.
I itial each item below to indicate that the required information is provided in the application package.
1. A permit application processing fee of $505 00 payable to NCDEQ.
2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation — a principle executive officer of at least the level of vice-president;
b. Limited Liability Company (LLC) — a manager or company official as those terms are defined
in G S. 57D "North Carolina Limited Liability Company Act;"
c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee,
d. Partnership or limited partnership — the general partner;
e. Sole proprietor, or
f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the
signature of another entity.
3. One hard copv�and one electronic copy of recorded documents required by the original permit that
have not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective, covenants will be submitted at a later date.
N1�1 4. O&' Agreemei)ts,Please select one:
[ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to is
this on file with the permit, or
❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to keep this on file with the permit.
5. Designer Certifications, Please select one:
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed; or
❑ The project has not yet been built.
6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed; and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit. .
7. (IF APPLICABC:E] When the permittee is a corporation or a limited liability corporation (LLC):
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
( ?pFrr—r or other official documentation, which supperts the titles and positions held by the persons listed in
j7�A(JPl/ J4 Section C.2 per 15A NCAC 2H 1043(3)(b).
https'//vnvw sosnc.gov/online services/searchrby title/ Business Registration
LC�a�9 Ad' &
SEP 13 2021 .
BY:_
Stomnx„aver Penult Renewal Apphaaion Form Page 2 of 3 May 11. 2018

D. PERIMITTEE'S CERTIFICATION
I, Thn✓1ti� i r 1 the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built -upon area and to roper forms to modify or transfer the permit prior to any changes to the
project, SCMs, or ow rship. All in anon provided on this permit renewal application is, to the best of my
knowledge, et 9 Q
Sign re: il Date:
1114[0 L'4I/-11111IN1H
S
County of
a Notary Public for the State of
do hereby certify
that 12Oy P-(T ''P->/-'e ,-, n v-l-t— personally appeared before me
this the I Z2 day of r niv�lw 209( , and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature:
My commission e)
",pp Tnpgpq
(BL\C$ '2v,
�OCOUP:'`
SEP 13 202,
Stormwater Permit Renewal Application Form Page 3 of 3 May 11. 2018

11t�g 19, 04 06:16a Phillip Tripp 910-763-5631 p.2
Permit No. 5w?U40_723
(to be provided by D{VQ�
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form nrav be photocopied for use as an original
DWO roomwater Management Plan Review:
A con::lete stormwater management plan submittal includes a wet detention basin supplement for each basin,
design calculations, plans and specifications showing all basin and outlet structure details, and a signed and
notari: A operation and maintenance agreement.
I. PROJECT INFORMATION (pleasc complete the following information):
Projec Name: Southern Oaks at Bradley Creek
Conte .Person: Michael Hoffer
Phone Number: (91 n) 753-5100
For pi ejects with multiple basins, specify which basin this worksheet applies to: I
eleva,
ins
7.8
ft. (floor of the basin)
Basir
Bottom Elevation
Perm:
iient Pool Elevation
12.8
ft. (elevation of the orifice)
13.9
ft. (elevation of the discharge structure overflow)
Teml
rary Pool Elevation
area'
12.050
tr
sq.ft. (water surface area at the orifice elevation)
Penr
.nent Pool Surface Area
(on -site and off -site drainage to the basin)
Drait
ge Area
_ 8.13
ae.
(on -site and off -site drainage to the basin)
Inipe.
✓ions Area
3.52
ac.
volt
'es•
41.915
cuff (combined volume of main basin and forebay)
Pem
.rent Pool Volume
(volume detained above the permanent pool)
Tern
arary Pool Volume
14,499
cu.ft.
8.383
cu.ft. (approximately 10% of total volume)
Fore
av Volume
Oeh,
parameters
0.0308
(surface area to drainage area ratio from DWQ table)
SA/
� 4'
1.5
in. (1 to 5 day temporary pool draw -down required)
Dia
Teter of Orifice
Des
n Rainfall
1
in.
Des
;n TSS Removal'
90
% (minimum 85% required)
Fon. SWU-102 Rev 3.99 Page 1 of 4

Footnotes:
I. When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2. In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
_ a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
�Zf b. The forebay volume is approximately equal to 20% of the total basin volume.
p¢� c. The temporary pool controls runoff from the design storm event.
the d. The temporary pool draws down in 2 to 5 days.
e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow
calculations).
4411 f. The basin length to width ratio is greater than 3:1.
_ g. The basin side slopes above the permanent pool are no steeper than 3:1.
h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
i. Vegetative cover above the permanent pool elevation is specified.
j. A trash rack or similar device is provided for both the overflow and orifice.
k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
Alhf 1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified to be performed prior to use as a wet detention basin
det_-]� in. A mechanism is specified which will drain the basin for maintenance or an emergency.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) ❑ does X does not incorporate a vegetated filter at the outlet.
This system (check one) ❑ does X does not incorporate pretreatment other than a forebay.
Form SWU-l02 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs
within 2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to
maintain proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed
of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality
(i.e. stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads _3.75 feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 2.25 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation 12.8
Sediment moval El. 10.55 75 0
------------- - o Sediment Removal Elevation 9.05 75/0
Bottom evation 9.8 /o ---------------------- - o
FOREBAY
Bottom Elevation
MAIN POND
Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent possible.

7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name: Rodney Williams
Title: (/iCC 011r'Si/r' r
Address: P.O. Box 1564, Wrightsville Beach, NC 28480
Phone: [phone]
Date: `� 15e
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and
a resident of the subdivision has been named the president.
I, Della C. Baird , a Notary Public for the State of North Carolina , County
of Pender , do hereby certify that Rodney Williams
personally appeared before me this ,30 day of , hjgA • 2004 , and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
oawuCu,,,
N°TAgy .a
q,anuup��
SEAL
My commission expires October 15, 2006
Form SWU-102 Rev 3.99 Page 4 of 4

,. 4
F
TE 04057/09033
State Stormwater Management Systems
Permit No. SW8 040723
Southern Oaks at Bradley Creek
Stormwater Project No. SW8 040723
New Hanover County
Engineer's Certification
I, Phillip G. Tripp , as a duly registered Professional Engineer in the
State of North Carolina, having been authorized to observe (periodically/week440
#n4e) the construction of the project,
Southern Oaks at Bradley Creek
(Project)
for Mr. Franklin Rodney Williams (Project Owner) hereby state that, to the best
of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specifications:
Signature )nlA.
Registration Number 17374
Date �- a OQ
Mp\t o9 tip\�
SN. CAR���'�.
�FESS/Q.,�/
SEAL r =
_ 17374 f
��% f2��

State Stormwater Management Systems
Permit No. SW8 040723
Certification Requirements: Page 2 of 2
fD—Li. The drainage area to the system contains approximately the permitted
acreage.
�2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
td 3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
O6. The outlet structure is located per the approved plans.
AA-7. Trash rack is provided on the outlet/bypass structure.
_OL8. All slopes are grassed with permanent vegetation.
TOA7, 9. Vegetated slopes are no steeper than 3:1.
_W10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
� 15. The required dimensions of the system are provided, per the approved
plan.
MAR 09mq

�NIIMI�IpN�III�I�I�11111
zeeseasisi
FOR REOIBTRRTION REOI STER OF DEEDS
REBECCR P SMITH
NEW 16,jrR Cg1N7Y. NC
2886 M J i 04:81:48 PM
BK:4888 PG.861-911 FEE:S143.N
INSiRM N 200 781
RETW, o id
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS FOR
SOUTHERN OAKS @ BRADLEY CREEK SUBDIVISION
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
SOUTHERN OAKS @ BRADLEY CREEK SUBDIVISION (the "Declarant") made as
of this loth day of August, 2005, by MRW PROPERTIES, INC., a North
Carolina corporation (hereinafter referred to as "Declarant").
W I T N E S S E T H:
WHEREAS, Declarant is the owner of that certain real property
comprising that residential subdivision known as, or to be known
as, Southern Oaks @ Bradley Creek, and as more particularly
described on Exhibit "A" attached hereto and incorporated herein by
reference (the "Property"); and
WHEREAS, Declarant desires to insure the attractiveness of the
Property and to preserve the values and amenities thereof; to
establish a general plan of development as herein set out; to
restrict the use and occupancy of the Property; and to provide for
a method for the maintenance, repair, replacement and operation of
the Common Area (as defined below).
NOW THEREFORE, Declarant hereby declares that the Lots (as
defined below) and other property comprising the Property shall be
held, transferred, sold, conveyed and occupied subject to the
covenants, conditions, restrictions and easements set forth in this
Declaration which are for the purpose of protecting the value and
desirability of the Property, and which shall run with the Property
and be binding on all parties owning any right, title,•or interest
in the Property or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each Owner thereof.
1

considerations, no specific setback lines shall be established by
this Declaration. Garages shall be designed so that the garage
doors do not face the street. In order to assure, however, that
the foregoing considerations are given maximum effect, the site and
location of any house or dwelling or other structure upon any lot
shall be controlled by and must be approved absolutely by the
Declarant.
Section 13. Buildincr Completion. The exterior of all houses and
other structures must be completed within twelve (12) months after
the construction of same shall have commenced, except where such
completion is impossible or would result in great hardship to the
Owner or builder, due to strikes, fires, national emergency or
natural calamities.
Section 14. Number of Dwellinas and Height. No structure shall be
erected, altered, placed or permitted to remain on any Lot, except
one single-family dwelling not to exceed two -and -a -half stories in
height, unless the Declarant or its successor, as the case may be,
approves in writing a structure of more than two -and -a -half
stories, and one or more small accessory buildings which may
include a detached private garage or guest facilities.
Section 15. Limitations on Impervious Surfaces. The following
covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8040723, as issued by the
Division of Water Quality under NCAC 2H.1000. The State of North
is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit. These
covenants are to run with the land and be binding on all persons
and parties claiming under them. The covenants pertaining to
stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Water
Quality. Alteration of the drainage as shown on the approved plan
may not take place without the concurrence of the Division of Water
Quality. All lot are subject the State of North Carolina rules and
regulations concerning stormwater runoff as those rules and
regulations are amended from time to time. These regulations
currently provide that the maximum allowable built -upon area per
lot is 4,500 square feet. This allotted amount includes any built -
upon area constructed within the lot property boundaries, and that
portion of the right-of-way between the front lot line and the edge
of the pavement. Built -upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, and
coquina, but does not include raised, open wood decking, or the
water surface of swimming pools. Declarant reserves the right to
recalculate the maximum allowable built -upon area in accordance
with the stormwater runoff rules and regulations of the State of
0

P
North Carolina. All runoff from the built -upon areas on the lot
must drain into the permitted system. This may be accomplished
through providing roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter
swales to collect lot runoff and directing them to the stormwater
system or into the street. Lots that will naturally drain into the
system are not required to provide these additional measures.
Drainage swales or drainage patterns used to treat stormwater
runoff as required by the rules and regulations of the State of
North Carolina may not be filled in, piped or changed without the
consent of the Declarant, its designee, the Association, or the
State of North Carolina and shall be maintained as provided herein.
Section 16. Outbuildinas and Similar Structures. No trailer,
camper or other structure of a temporary nature shall be erected or
allowed to remain upon any Lot and no trailer, camper, shack, tent,
garage, barn, or other structure of a similar nature shall be used
as a residence either temporarily or permanently upon any Lot;
provided, however, that this Section shall not be construed to
prevent the Declarant from permitting any party building a
structure upon any lot to erect temporary structures during
construction.
Section 17. Nuisances and Unsightly Materials. No' noxious,
offensive, or illegal activity shall be carried on upon any Lot,
nor shall anything be done thereon which may be or become an
annoyance to the neighborhood. No rubbish, trash, leaves, tree
branches or other debris shall be burned on a lot at any time. No
person may keep any animal upon any part of the Lot except that any
Owner then occupying a residence upon a Lot may keep customary
household pets upon such Lot provided that such pets are not kept,
bred or maintained for any commercial purposes or in such a manner
as to become a nuisance to the other Owners or residents of the
subdivision and provided that such pets_ are kept in accordance with
county ordinances and leash laws. No domesticated farm animal or
fowl shall be kept on any part of the Property. No hunting for any
bird or animal shall be permitted on any part of the Property.
All service utilities, fuel tanks, air-conditioning compressors,
trash receptacles and wood piles are to be enclosed within a wall
or plant screen of a type and size approved by the Declarant or its
successor, so as to preclude the same from causing an unsightly
view from any street or way within the Property or from any other
residence within the Property. No fences shall be placed or
permitted to remain on any lot without approval of the Declarant.
Section 18. Maintenance of Lots. Each Owner shall keep his Lot in
an orderly condition and shall keep the Improvements thereon in a
10

DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS FOR
SOUTHERN OAKS SUBDIVISION
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
SOUTHERN OAKS SUBDIVISION (the "Declarant") made as of this 17th
day of August, 2004, by MRW PROPERTIES, INC., a North Carolina
corporation (hereinafter referred to as "Declarant").
W I T N E S S E T H:
WHEREAS, Declarant is the owner of that certain real property
comprising that residential subdivision known as, or to be known
as, Southern Oaks, and as more particularly described on Exhibit
"A" attached hereto and incorporated herein by reference (the
"Property"); and
WHEREAS, Declarant desires to insure the attractiveness of the
Property and to preserve the values and amenities thereof; to
establish a general plan of development as herein set out; to
restrict the use and occupancy of the Property; and to provide for
a method for the maintenance, repair, replacement and operation of
the Common Area (as defined below).
NOW THEREFORE, Declarant hereby declares that the Lots (as
defined below) and other property comprising the Property shall be
held, transferred, sold, conveyed and occupied subject to the
covenants, conditions, restrictions and easements set forth in this
Declaration which are for the purpose of protecting the value and
desirability of the Property, and which shall run with the Property
and be binding on all parties owning any right, title, or interest
in the Property or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each Owner thereof.

ARTICLE I
PROPERTY SUBJECT TO THIS DECLARATION
ADDITIONS THERETO
Section 1. Existing Property. The real property which is and
shall be held, transferred, sold, conveyed and occupied subject to
this Declaration, irrespective of whether there may be additions
thereto as hereinafter provided, is located in New Hanover County,
North Carolina, and is more particularly described on Exhibit "A"
attached and incorporated herein (the "Existing Property").
Section 2. Additions to Existing Property. Additional property
adjacent to or adjoining the Existing Property may be brought
within the scheme of this Declaration and the jurisdiction of the
Association (as defined below) by Declarant without the consent of
the Association or its Members (as hereinafter defined); provided,
however, that said annexations, if any, must occur within twenty
(20) years after the date of the filing of this Declaration.
Declarant shall not be obligated to subject any additional property
to this Declaration. Such additions shall be made by filing a
Supplementary Declaration of Covenants, Conditions and Restrictions
with respect to the additional property in the New Hanover County,
North Carolina, Public Registry, which shall extend the scheme of
this Declaration and the jurisdiction of the Association to such
properties and thereby subject such additions to the benefits,
agreements, restrictions and obligations set forth herein.
ARTICLE II
DEFINITIONS
Section 1. "Associatiori" means Southern Oaks Owners Association,
Inc., its successors and assigns.
Section 2. "Common Area" means any real property and property
rights owned by the Association for the common use and enjoyment of
the Owners and/or designated as "Common Area" on the Map of the
Property, together with all improvements and facilities installed
upon or used in connection with such real property and property
rights. The Common Area shall include without limitations, the
Association's rights (if any) in and to the Private Streets and
access easements, parks and ponds.
Section 3. "Declarant" means MRW PROPERTIES, INC. and any
successor thereof so designated as a Declarant hereunder, which
successor has purchased all remaining Lots not theretofore sold by
MRW PROPERTIES, INC. (or any successor Declarant) to third party
2

purchasers. At any time, and from time to time, Declarant may
relinquish any one or more of the rights granted to or reserved in
favor of Declarant in this Declaration by written instrument
recorded in the New Hanover County Public Registry, and from and
after the recording of any such instrument, the Association shall
thereafter have the power to exercise such right and shall
thereafter be responsible for all obligations and liabilities with
respect to such right. At such time as Declarant ceases to be a
Member of the Association, all rights granted to or reserved in
favor of Declarant shall be deemed transferred to and exercisable
by the Association, and the Association shall from and after such
time be liable for all actions taken in the exercise of such
rights, with the exception of the right of architectural control
provided for in Article III of this Declaration, which shall be
relinquished by Declarant only in the manner and at the time set
forth in such Article.
Section 4. "Lot" means any plot of land, with delineated boundary
lines, shown upon the Map and any other subdivision map of the
Property recorded after the Map is recorded. In the event any Lot
is increased or decreased in size by re -subdivisions or through
recordation of new subdivision plats, any such newly plotted lot
shall thereafter constitute a Lot for the purpose of this
Declaration.
Section 5. "Map" means that certain map of the Existing Property
as recorded in Map Book at Page in the* New Hanover
County, North Carolina, Public Registry, and the map(s) of any
additions to the Existing Property which may be recorded by
Declarant in the New Hanover County, North Carolina, Public
Registry.
Section 6. "Member" means every person or entity who holds
membership in the Association.
Section 7. "Mortgage" means any mortgage or deed of trust
constituting a recorded first lien on a Lot.
Section 8. "Mortgagee" means the owner and holder of a mortgage at
the time such term is being applied.
Section 9. "Owner" means the record owner, whether one or more
person or entity, of fee simple title to any Lot which is a part of
the Property, including contract sellers and owners of any equity
or redemption, but excluding those having such interest in a Lot
solely as security for the performance of an obligation.
3

Section 10. "Private Streets" means any streets and alleys marked
as such on any Map of the Property and/or designated by Declarant
as Private Streets. The Private Streets shall include all paved
portions of such streets, adjoining curbs and gutters, irrigation
systems, all storm drains, sanitary sewer lines, and other utility
facilities installed therein or thereunder, all landscaped medians
therein, and adjoining landscaped areas within the full width of
the rights -of -way of the Private Streets as shown on any Map or as
designated in writing by Declarant.
Section 11. "Property" means the "Existing Property" described in
Article 1, Section 1 hereof, and any additions thereto, as are or
shall become subject to this Declaration and any Supplementary
Declaration under the provisions of Article I, Section 2 hereof.
ARTICLE III
ARCHITECTURAL CONTROL
Section 1. Duration of Control. Because Declarant may develop
areas adjoining the subdivision and bring same within the scheme of
this Declaration. Declarant shall retain the right of architectural
control as provided for in this Article III for twenty (20) years
from the date of filing of this Declaration even though the
Declarant at the time of any exercise of such control may not own
a Lot.. However, the Declarant may, at its sole option, surrender
such right of architectural control at any time by a duly recorded
written instrument, and, at such time, the Association shall have
the power through an additional duly recorded written instrument to
appoint an architectural review board (the "Architectural Review
Board"), which Architectural Review Board, if so appointed, shall
have the right of architectural control as described in this
Article, and shall retain such right until said Architectural
Review Board is terminated by a duly recorded written instrument
executed by the Association.
Section 2. Extent of Control. No building, garage, fence, wall,
sidewalk, hedge, mass planting, change in grade or slope, side
preparation, swimming pool, tree house, childern's play house,
sign, exterior illumination, monument or marker, driveway, utility
facility, mailbox, well, tennis court, patio, deck-, dock or pier,
shrubbery, landscaping, or any other structure or improvement
("Improvements") shall be commenced, erected or maintained upon any
Lot nor shall any exterior addition, change or alteration therein
(including change of color) be made without the prior written
approval or Declarant in its sole discretion. The areas over which
Declarant shall have control shall include, but shall not be
limited to, the size and plan of the principal residential
El

structure, the location of the principal residential structure on
the Lot, the size and plan of any attached or unattached garage or
other building, the location and manner of construction of any
driveway, swimming pool, utility facility, patio, mailbox, driveway
and landscaping monuments and markers or any other exterior
improvements, the composition and color of all material used on the
exterior of any structure and the location and type of any
shrubbery. Declarant shall also have control over the removal of
any tree or other vegetation from any Lot and no party shall grade,
excavate upon or otherwise alter the topography of any Lot or
remove any tree or other vegetation therefrom without obtaining the
prior written approval of Declarant in accordance with its general
plan of development. The Declarant reserves the right to control
absolutely and solely and decide the precise site and location of
any house or dwelling or other structure upon all Lots, provided
however, that such locations shall be determined only after
reasonable opportunity is afforded the Lot Owner to recommend a
specific site.
Section 3. Procedure. Any party requiring approval of any
proposed Improvements to any Lot shall submit to Declarant plans
and specifications showing in such detail and manner as Declarant
shall require the nature shape, height, color, material and
location of any such improvements. Declarant, in its sole and
absolute discretion, may require in particular instances that such
plans and specifications be accompanied by a plat prepared by a
registered surveyor showing the location of the proposed
Improvements on the Lot. All decisions by Declarant shall be based
on Declarant's discretionary determination as to whether any
particular Improvement is suitable and harmonious with the
development of the Property. Declarant's approval or disapproval
of any proposed Improvement shall be in writing. In the event that
Declarant fails to approve or disapprove any such proposed
Improvement within thirty (30) days after complete plans and
specifications in such detail as Declarant may require have been
received by it, such plans and specifications shall be deemed
approved. Subsequent to the approval of any plans and
specifications, the Owner shall have the responsibility for making
such Improvements in accordance with the plans and specifications
as approved. Approval by Declarant of any proposed Improvements
shall not constitute or be construed as approval of the structural
stability, design, or quality of any Improvement or the compliance
of any such Improvement with applicable laws and codes. Refusal or
approval of plans, specifications or location may be based upon any
grounds, including purely aesthetic considerations, which in the
opinion of and the sole and uncontrolled discretion of Declarant
shall be deemed sufficient.
5

In the event any Owner violates the terms of this Section,
Declarant or its duly appointed agent shall, after thirty (30) days
written notice to Owner to cure such violation and failure of Owner
to so cure, be entitled to enter upon the Lot(s) of Owner and cure
such defect including the removal of any Improvements built in
violation hereof, all at the cost and expense of Owner. Any costs
and expenses incurred by Declarant or such duly appointed agent in
connection with the cure of any such violation shall be a lien upon
such Lot(s), and upon the failure of such Owner to reimburse
Declarant or such agent for such cots and expenses upon demand,
Declarant or such agent may enforce such lien against such Lot(s)
in the same manner as is provided for enforcement of the
Association's lien for non-payment of assessments as provided for
in Article VII, Section 8, hereinbelow. This right of the
Declarant or its agent shall be in addition to all other general
enforcement rights which the Declarant may have for a -breach or
violation of the terms of this Declaration and shall not be deemed
a trespass by Declarant or its agents. Declarant reserves the
right for reasonable needs, but shall not be obligated, to waive in
writing any violation of this provision.
ARTICLE IV
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
Section 1. Rules and Regulations. The Board of Directors of the
Association shall have the power to formulate, amend, publish and
enforce reasonable rules and regulations concerning the use and
enjoyment of the Common Areas. Such rules and regulations, along
with all policy resolutions and policy actions taken by the Board
of Directors, shall be recorded in a Book of Resolutions that shall
be maintained in a place convenient to the Owners and available to
them for inspection during normal business hours.
Section 2. Use of Lots. All lots and buildings shall be single-
family residential lots and shall be used for residential purposes.
The Developer may use one or more homes for offices and/or models
for sales purposes. The foregoing shall not be construed to limit
or prohibit offices within the home provided said offices are not
open to the public or held out to be for public visitation, use or
convenience.
Section 3. Subdivision of Lots. No Lot shall be subdivided by
sale or otherwise so as to reduce the total Lot area shown on the
Map, except by and with the written consent of the Declarant and
provided same is also permitted under applicable governmental
regulations and private restrictions affecting said Lot. However,
Declarant hereby expressly reserves unto itself, its successors and
9

assigns, the right to re -plat any two or more Lots shown on the
plat of any subdivision of the Property or Additional Property in
order to create one or more modified Lots; to further subdivide
tracts shown on any such subdivision plat into two or more Lots; to
recombine one or more tracts or Lots or a tract and Lots to create
a larger tract; to eliminate from this Declaration Lots that are
not otherwise buildable or are needed for access, or for use as
private roads or access areas, and to take such steps as are
reasonably necessary to make such re -platted Lots or tracts
suitable and fit as building sites or access areas or roadways,
said steps to include, but not limited to, the relocation of
easements, walkways, and rights of way to conform to the new
boundaries of the said re -platted Lots.
Section 4. Right of First Refusal Respecting Unimproved Lots.
Before any unimproved Lot may be sold or resold to any person, firm
or corporation by any Owner thereof except Declarant or its
successors, the Owner of such Lot first shall offer in writing to
sell the Lot to Declarant, at a price and on terms designated by
said Owner. If Declarant does not accept or reject in writing said
offer of sale within seven (7) days of its receipt of the same,
then the Owner of such Lot shall have the right to sell the Lot to
any third party; provided, however, the sale of said Lot to such
third party shall be at a price and on terms and conditions not
less favorable to said Owner than the offer made to Declarant, and
the closing of the sale of such Lot must occur within six (6)
months after the offer by Owner to sell the Lot to Declarant. Any
sale of a Lot at a price or on terms and conditions less favorable
to said Owner than the offer made to Declarant, or which closes
more than six (6) months after the offer made by such Owner to
Declarant, will require separate compliance with the foregoing
provisions of this Article IV, Section 4.
Section 5. Reserved Utility Easements. In addition to the
easements reserved on the Map, the Declarant reserves for itself,
and its successors and assigns, a permanent easement in and the
right at any time in the future to grant a permanent right of way
over, under and along an area uniformly ten (10) feet in width
along the rear and front lines and five (5) feet in width along the
side lines of each Lot for the installation and maintenance of
poles, lines, conduits, pipes and other equipment necessary or
useful for furnishing electrical power, gas, water, sewer,
telephone service and other utilities and drainage facilities.
Within such areas no structures, plantings, fences or other
material shall be placed or permitted to remain which may damage or
interfere with the installation or maintenance of utilities or
which may obstruct or retard the flow of water through drainage
channels in such areas. The area of each Lot containing the
7

easement and all improvements thereon shall be maintained
continuously by the Owner of the Lot except for those improvements
for which a public Authority or utility company is responsible. In
the event that any Lot is subdivided pursuant to Section 3 hereof,
an easement uniformly ten (10) feet in width shall exist both along
the rear and front lines and five (5) feet in width along the side
lines of the Lot both as shown on the Map and along the rear, front
and side lines as exist upon the Lot as so subdivided; provided,
however, that upon request by the Owner of the subdivided Lot, the
Declarant may release the easement reserved along the rear, front
or side line of the Lot if doing so would not interfere with the
installation or maintenance of any utilities or the drainage within
the Property. In the event two or more lots are combined into one
Lot with the residence to be constructed over the common interior
Lot lines, the side line easements reserved along the common
interior Lot lines shall be released provided that the easements
have not previously been used for the installation of utilities and
their release shall not interfere with the drainage within the
Property.
Section 6. Reserved Access Easements and Vegetative Easements.
Access easements reserved on the Map for walking trails and pond
perimeters are intended for nonvehicular access for Members and
their guests. Pathways within these access easements may be
cleared, mowed, graveled, decked, or paved_ by Declarant or the
Association, and vegetative buffers may be planted and maintained
by Declarant or the Association. Vegetative easements are also
shown on the map, and within these areas there shall be no removal,
cutting, pruning, or destruction of existing trees, bushes,
shrubbery or other vegetation without prior approval of the
Declarant.
Section 7. Easements Reserved for the Association. The
Association is hereby granted an easement for the installation and
maintenance of all of the Common Areas.
Section 8. Exterior Lights. All light bulbs or other lights
installed in any fixture located on the exterior of any building or
on any Lot shall be clear, white or non -frost lights or bulbs, and
shall be low level (not fluorescent, neon, etc.). No street lights
or other high intensity lights are permitted.
Section 9. Electrical Power. The Declarant reserves the right, at
its option, to subject the Property, or any portion thereof, to a
contract with Carolina Power and Light Company which may require a
continuing monthly payment to Carolina Power and Light Company by
the Association.
H

Section 10. Aporoval of Plans. Front, rear and side elevations,
together with specifications on the exterior siding, square
footage, windows, doors, roofing and exterior colors must first be
submitted to Declarant for review and approval prior to the
beginning of any construction, to include site work.
Section 11. Minimum House Size. A house shall contain not less
than 2,400 square feet of heated living area. However, it is
expressly understood and agreed that Declarant, in its sole
discretion, may approve a 10 percent variance. All houses shall
have a minimum two car garage.
Section 12. Building Placement. Since the establishment of
inflexible building -setback lines for location of houses on lots
tends to force construction of houses directly to the side of other
homes, .with detrimental effects on privady, view, preservation of
important trees and other vegetation, ecological and related
considerations, no specific setback lines shall be established by
this Declaration. Garages shall be designed so that the garage
doors do not face the street. In order to assure, however, that
the foregoing considerations are given maximum effect, the site and
location of any house or dwelling or other structure upon any lot
shall be controlled by and must be approved absolutely by the
Declarant.
Section 13. Building Completion. The exterior of all houses and
other structures must be completed within twelve (12) months after
the construction of same shall have commenced, except where such
completion is impossible or would result in great hardship to the
Owner of builder, due to strikes, fires, national emergency or
natural calamities.
Section 14. Number of Dwellings and Height. No structure shall be
erected, altered, placed or permitted to remain on any Lot, except
one single-family dwelling not to exceed two -and -a -half stories in
height, unless the Declarant or its successor, as the case may be,
approves in writing a structure of more than two -and -a -half
stories, and one or more small accessory buildings which may
include a detached private garage or guest facilities.
Section 15. Limitations on Impervious Surfaces. The following
covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8040723, as issued by the
Division of Water Quality under NCAC 2H.1000. The State of North
is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit. These
covenants are to run with the land and be binding on all persons
and parties claiming under them. The covenants pertaining to
9

stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Water
Quality. Alteration of the drainage as shown on the approved plan
may not take place without the concurrence of the Division of Water
Quality. All lot are subject the State of North Carolina rules and
regulations concerning stormwater runoff as those rules and
regulations are amended from time to time. These regulations
currently provide that the maximum allowable built -upon area per
lot is 4,500 square feet. This allotted amount includes any built -
upon area constructed within the lot property boundaries, and that
portion of the right-of-way between the front lot line and the edge
of the pavement. Built -upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, and
coquina, but does not include raised, open wood decking, or the
water surface of swimming pools. Declarant reserves the right to
recalculate the maximum allowable built -upon area in accordance
with the stormwater runoff rules and regulations of the State of
North Carolina. All runoff from the built -upon areas on the lot
must drain into the permitted system. This may be accomplished
through providing roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter
swales to collect lot runoff and directing them to the stormwater
system or into the street. Lots that will naturally drain into the
system are not required to provide these additional measures.
Drainage swales or drainage patterns used to treat stormwater
runoff as required by the rules and regulations of the State of
North Carolina may not be filled in, piped or changed without the
consent of the Declarant, its designee, the Association, or the
State of North Carolina and shall be maintained as provided herein.
Section 16. Outbuildings and Similar Structures. No trailer,
camper or other structure of a temporary nature shall be erected or
allowed to remain upon any Lot and no trailer, camper, shack, tent,
garage, barn, or other structure of a similar nature shall be used
as a residence either temporarily or permanently upon any Lot;
provided, however, that this Section shall not be construed to
prevent the Declarant from permitting any party building a
structure upon any lot to erect temporary structures during
construction.
Section 17. Nuisances and Unsightly Materials. No noxious,
offensive, or illegal activity shall be carried on upon any Lot,
nor shall anything be done thereon which may be or become an
annoyance to the neighborhood. No rubbish, trash, leaves, tree
branches or other debris shall be burned on a lot at any time. No
person may keep any animal upon any part of the Lot except that any
Owner then occupying a residence upon a Lot may keep customary
household pets upon such Lot provided that such pets are not kept,
[to]

bred or maintained for any commercial purposes or in such a manner
as to become a nuisance to the other Owners or residents of the
subdivision and provided that such pets are kept in accordance with
county ordinances and leash laws. No domesticated farm animal or
fowl shall be kept on any part of the Property. No hunting for any
bird or animal shall be permitted on any part of the Property.
All service utilities, fuel tanks, air-conditioning compressors,
trash receptacles and wood piles are to be enclosed within a wall
or plant screen of a type and size approved by the Declarant or its
successor, so as to preclude the same from causing an unsightly
view from any street or way within the Property or from any other
residence within the Property. No fences shall be placed or
permitted to remain on any lot without approval of the Declarant.
Section 18. Maintenance of Lots. Each Owner shall keep his Lot in
an orderly condition and shall keep the Improvements thereon in a
first class and suitable state of repair promptly repairing any
damage thereto by fire or other casualty. No clotheslines may be
erected or maintained on any Lot. No Lot shall be used in whole.or
in part for storage of rubbish of any character whatsoever or for
the storage of any property or thing that will cause any noise that
will disturb the peace and quiet of the occupants of surrounding
Lots, and no trash, rubbish, stored materials, wrecked or
inoperable vehicles or similar unsightly items shall be allowed to
remain on any Lot outside an enclosed structure; provided, however,
that the foregoing shall not be construed to prohibit temporary
deposits of trash, rubbish or other debris for collection by
governmental or other similar garbage and trash removal units.
Each Owner shall provide suitable receptacles for trash, rubbish,
garbage or ashes, and such receptacles shall be located in a
screened area not generally visible from the road, the adjoining
Lots or from Common Areas. In the event that any owner fails or
refuses to comply with any of the foregoing, the Declarant may
demand that the Owner promptly comply with the same by mailing a
notice thereof to the Owner at his address specified in the records
of the Association and by posting such notice on the Lot. If the
Owner has not complied therewith within five (5) days thereafter,
the Declarant may enter and correct the same at Owner's expense.
Each Owner by acquiring a Lot(s) subject to these restrictions,
agrees to pay such cost promptly upon demand by Declarant. Such
cost shall be a lien upon such Owner's Lot(s), and upon the failure
of such Owner to pay such cost to Declarant upon demand, Declarant
may enforce such lien against such Lot(s) in the same manner as is
provided for enforcement of the Association's lien for non-payment
of assessments as provided for in Article VII Section 8, herein
below. No such entry as provided herein shall be deemed a
trespass.
11

Section 19. Preservation of Trees, Natural Buffer. All
landscaping, tree cutting an site preparation work to be performed
shall be approved by the Declarant prior to any such landscaping,
tree cutting and site preparation work being done. Plans must be
submitted for approval to the Declarant and shall include a site
plan with lot lines, building outlines, driveways and parking
areas. Identification of trees for which removal is requested is
required. Specifically, hardwoods with a caliper of 5 inches or
more may not be cut or removed without the express written consent
of the Declarant. Owners are encouraged not to cut any wild olive,
eleagnes, hawapple, hawthorne, dogwood, oak , chinquapin, hickory,
bay, cherry, holly, or cedar trees or shrubs, no matter the
diameter.
Every effort shall be made to preserve existing trees during
construction except those that the owner has the written consent of
the Declarant to remove. Fencing and barricades should be employed
to prevent root compaction. Trees damaged during, construction
should be treated as soon as possible.
Section 20. Mailboxes. Each lot shall have only one (1) mailbox
and one (1) paper box which shall be mounted on a single post; all
such boxes must be approved by Declarant. Such boxes 'may be
provided by the Declarant or building contractor. Any such boxes
shall be considered an improvement and must remain with the Lot,
and shall be maintained by the Association. Boxes damaged beyond
repair shall be replaced by the Association at the expense of the
Owner of the Lot.
Section 21. Signboards. No signboard, billboard, or advertising
sign of any description shall be displayed upon or above any Lot by
an Owner, any building contractor or other party with the exception
of the following signs, none of which may be affixed to a tree:
Signs stating the name of the resident of any Lot and the
street address, the design of which shall be furnished to
Declarant and shall be subject to approval by Declarant.
• During the period of construction, the general
contractor's sign, but no subcontractor's sign, shall be
allowed.
Only the Declarant or general contractor may post signs "For Rent"
or "For Sale" which signs shall not exceed two feet by three feet
in dimension, shall refer only to the Lot on which it is displayed
and shall be limited to one sign per Lot.
Section 22. Antennae. No satellite dishes (greater than 19" in
12

diameter)or similar structure nor any radio or television aerial
antenna or any other external electronic equipment or devises may
be installed or maintained on any exterior portion of any structure
erected on a Lot or elsewhere upon any Lot or within the Property
without the prior written approval of Declarant.
Section 23. Common Area Alterations. No person shall undertake,
cause, or allow any alteration or construction in or upon any
portion of the Common Areas except at the direction or with the
express written consent of the Association.
Section 24. Lease of Homes. No dwelling unit on any Lot shall be
leased for transient or hotel purposes, nor may any Owner lease
less than the entire dwelling unit, nor shall any lease be for any
period of less than six (6) months. Any lease must be in writing
and provide that the terms of the lease and occupancy of this
dwelling shall be subject in all respects to the provisions of the
Declaration, the By -Laws and Rules and Regulations of the
Association and that any failure of any lessee to comply with the
terms of such documents shall constitute a default under the lease.
Section 25. Parkina Rights and Restrictions. Adequate off-stree
parking shall be provided by the Owner of each Lot for automobiles
and other vehicles owned and controlled by such Owner, members of
the Owner's family or guests and invitees of the Owner. No
automobiles, trucks, boats, jet skis, trailers of other vehicles
shall be parked on the streets or the yards, including front, side
and back yards of the Lots. All such vehicles and other property
shall be required to be parked within the designated driveway and
parking areas, except that all boats, vessels, jet skis or similar
type item must be stored in an enclosed garage or in such other
location that is not visible to the owners of other Lots, or the
suers of a street or common area.
Section 26. Garages and Driveways. Garage doors shall be placed
so as not to open toward or face the street. Driveway placement
shall be subject to approval by Declarant.
ARTICLE V
THE ASSOCIATION
Section 1. Association Membership. Every Owner of a Lot shall be
a member of the Association which Declarant may organize at any
time of its choosing. Membership shall be appurtenant to and may
not be separated from ownership of any Lot. When more than one
person holds an interest in any Lot, all such persons shall be
Members. The vote for such Lot shall be exercised as they among
13

themselves determine, but in no event shall more than one (1) vote
be cast with respect to any Lot.
Section 2. Availability of Documents. The Association shall
maintain current copies of the Declaration, the By -Laws and other
rules and regulations concerning the Property as well as its own
books, records, and financial statements, available for inspection
by all Owners, mortgagees, and insurers and guarantors of
Mortgages, upon reasonble notice and during normal business hours.
In addition, any Mortgagee may, at its own expense, have an audited
statement prepared with respect to the finances of the Association.
ARTICLE VI
COMMON AREA
PROPERTY RIGHTS AND OBLIGATIONS
Section 1. Owner's Easements of Enjoyment. Every Owner shall have
a right of enjoyment and easement in and to all Common Areas, which
right and easement shall be appurtenant to and shall pass with the
title to every Lot, subject to and in accordance with the terms and
provisions of this Declaration, including without limitation the
following provisions:
a. The right of the Association to suspend the voting rights
and enjoyment rights of an Owner for any period during which any
assessment against his Lot remains unpaid; and for a period not to
exceed sixty (60) days for any infraction of its published rules
and regulations.
b. The right of the Association to dedicate or transfer all
or any part of the Common Area to any public agency, authority, or
utility for such purposes and subject to such conditions as may be
agreed to by the Members. No such dedication or transfer shall be
effective unless the Members entitled to at least a majority of the
votes appurtenant to all Lots agree to such dedication or transfer
and signify their agreement by a signed and recorded written
document, provided that this subsection shall not preclude the
Board of Directors of the Association from granting easements for
the installation and maintenance of sewerage, utilities and
drainage facilities upon, over, under and across the Common Area
without the assent of the membership when such easements, in the
opinion of said Board, are requisite for the convenient use and
enjoyment of the property.
C. The right of the Association, with the assent of Members
entitled to at least two-thirds (2/3) of the votes appurtenant to
14

all Lots, to mortgage, pledge, deed in trust, or otherwise
hypothecate any or all of its real or personal property as security
for money borrowed or debts incurred.
Section 2. Delegation of use.
a. Family. The right and easement of enjoyment granted to
every Owner in Section 1 of this Article may be exercised by any
members of the Owner's family who occupy the residence of the Owner
within the Property as their principal residence in new Hanover
County, North Carolina.
b. Tenants or Contract Purchasers. The right and easement
of enjoyment granted to every Owner in Section 1 of this Article
may be delegated by the owner to his tenants or contract purchasers
who occupy a residence within the Property as their principal
residence in new Hanover County, North Carolina.
Section 3. Maintenance Responsibility of Association. The
Association shall have the responsibility of maintaining in good
condition all Common Areas, including roadways, Private Streets,
the entrance to Bridgers Creek, ponds, walkways, plantings and
shrubbery, amenities, or other facilities or improvements
constructed thereon, and shall pay all costs of operation thereof,
including premiums associated with general liability insurance
insuring the Association from liability arising from ownership and
operation thereof which the Board of Directors may elect to
purchase. Further the Association shall be responsible for
adopting rules and regulations governing utilization of all Common
Areas. The Association shall be obligated to accept ownership of
all Common Areas designated on the Map or any other Property that
by Supplementary Declaration is made subject to this Declaration.
To the extent necessary, the Association may employ personnel
necessary to perform its obligations.
The specific maintenance and upkeep obligations of the Association
with respect to Lots include maintenance of mailboxes and paper
boxes. Boxes damaged beyond repair shall be replaced by the
Association at the expense of the Owner of the Lot.
The Association shall have no obligation to maintain the exterior
of any building, or any other improvements on any Lot. The owner
of each Lot shall have an affirmative obligation to maintain the
Lot and the exterior appearance of all buildings, structures, and
improvements as provided in Article IV, Section 18, hereof.
Section 4. Private Streets. As is indicated hereinabove, the
Private Streets shall be part of the common Area. The Private
ILI

Streets have been initially constructed by Declarant and are
intended for the use and benefit of all Owners, their guests,
employees, tenants and invitees for the purpose of ingress, egress
and regress from portions of the Property to public streets by
vehicle or otherwise. Neither the inclusion of the Private Streets
on the Map nor the dedication of the Private Streets for the use
and benefit of the Owners shall be construed to be an offer to
dedicate the Private Streets for public use. The Association
shall, at its own expense, operate, repair, maintain, and
reconstruct the Private Streets, including all paved portions
thereof, all curb and gutter, all irrigation systems, and all storm
drains, sanitary sewer lines, and other utility facilities
installed therein or thereunder, all street signs and related
improvements, and all landscaped medians therein. The Association
shall have the right to establish rules and regulations governing
the use of the Private Streets, including establishing speed limits
thereon.
ARTICLE VII
COVENANT FOR ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of
Assessments. Every Owner of any Lot by acceptance of a deed
therefore, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association: (1) general
assessments or charges and (2) special assessments for capital
improvements, such assessments to be established and collected as
hereinafter provided. Any such assessment or charge, together with
interest, costs and reasonable attorney fees, shall be a charge on
the land 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 fees, shall also be
the personal or corporate obligation of the person(s), firm(s), or
corporation(s) owning such Lot at the time when the assessment fell
due, but such personal obligation shall not be imposed upon such
Owner's successors in title unless expressly assumed by them.
The Declarant is not required to pay general or special assessments
to the Association for unsold lots, and nothing in this Article
shall be construed to require such payments.
Section 2. Purpose of Assessments. The assessments levied by the
Association shall be used exclusively to promote the health, safety
and welfare of the residents of the Property and in particular for
the operation and maintenance of the Common Areas. The assessments
shall also be used for the acquisition, improvement and maintenance
of properties, services, utilities and facilities related to the
16

use and enjoyment of the Property, the Lots and in particular, the
Common Areas, including, but not limited to: the cost of all
repair, replacement and additions thereto; the cost of operating
and maintaining the Private Streets; the cost of labor, including
the cost for providing a guard for the guardhouse if a guardhouse
is built by or for the Association as a capital improvement with a
special assessment as provided in Section 4 hereof; equipment,
materials, management and supervision thereof; the payment of taxes
assessed against the Common Areas; the procurement and maintenance
of insurance as permitted or required under the terms of this
Declaration or the By -Laws, including without limitation casualty
insurance on the Common Area, or any portion thereof, general
liability insurance with respect to the Property, and directors'
and officers' liability insurance for the directors and officers of
the Association, any or all of which coverages the Association is
hereby expressly authorized to obtain and maintain in such amounts
as the Board of Directors shall deem prudent and reasonable; the
employment of attorneys to represent the Association when
necessary; payments of principal and interest on funds borrowed for
Association purposes; and such other needs as may arise.
Section 3. Initial General Assessment. The initial general
assessment, due and payable to the Association, shall be prorated
and paid at the time of closing of the purchase of a Lot by an
Owner, so that all payments thereafter shall be due on January 1 of
each year or the due date(s) which may be set by the Board of
Directors as is more fully set forth in Section 7 of this Article.
All general assessments shall be fixed at a uniform rate for all
Lots.
Section 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
applicable to that year only for the purpose of defraying, in whole
or in part, the cost of any construction, repair, or replacement of
any common amenities, private utility facilities, or capital
improvements, repayment of indebtedness or interest thereon,
borrowing of funds to make property comply with zoning ordinances,
borrowing of money for capital improvement or pledging or
mortgaging of Association property as security for loans, including
fixtures and personal property related thereto, provided that any
such assessment shall be approved by no less than a majority of the
votes of the Members of the Association. All special assessments
shall be fixed at a uniform rate for all Lots.
Section 5. Working Capital Assessment. At the time title is
conveyed to an Owner by Declarant, the Owner shall contribute to
the Association as a working capital reserve an amount equal to
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three months owners association dues. Such funds shall be used for
initial operating and capital expenses of the Association, such as
prepaid insurance, supplies, and furnishings, fixtures and
equipment for the common areas, etc. Amounts paid into the working
capital fund are not to be considered as advance payment of general
assessments. Any remaining working capital funds shall become part
of the general operating funds of the Association.
Section 6. Notice and Quorum for Any Action Authorized Under
Section 4. Written notice of any meeting called for the purpose of
taking any action authorized under Section 4 hereof shall be sent
to all Members not less than thirty (30) days nor more than sixty
(60) days in advance of the meeting. At the first such meeting
called, the presence of Members owning one-half (%) of the Lots, or
of persons holding proxies entitled to cast one-half (%) of all the
votes appurtenant to all Lots, shall constitute a quorum. If the
required quorum is not present, subsequent meetings may be called
subject to the same notice requirement, until the required quorum
is present. No such subsequent meeting shall be held more than
sixty (60) days following the preceding meeting.
Section 7. Date of Commencement of General Assessments and Due
Dates. The general assessments provided for herein shall commence
as to each Lot on the date of conveyance of each Lot to an Owner
other than Declarant. Each Lot owned by Declarant shall be exempt
from any assessment unless a residence is constructed thereon, in
which case an assessment shall be due from and after the date of
issuance of a certificate' of occupancy for such residence. The
first general assessment shall be adjusted according to the number
of months remaining in the calendar year. The Board of Directors
shall fix the amount of the general assessment against each Lot at
least thirty (30) days in advance of each general assessment
period. Written notice of the general assessment shall be sent to
every Owner. The due dates shall be established by the Board of
Directors. The Board of Directors shall require the general
assessments to be paid at least annually but may require the
general assessments to be paid more often. The Association shall,
upon demand, and for a reasonable charge, furnish a certificate
signed by an officer of the Association setting forth whether the
assessments on a specified Lot have been paid.
Section 8. Effect of Nonpayment of Assessments; Remedies of the
Association. Any assessment not paid within thirty (30) days after
the due date shall bear interest from the due date at the highest
rate allowed by law. The Association may bring an action at law
against the Owner personally obligated to pay the same or foreclose
the lien against such Owner's Lot in the same manner as is provided
in the North Carolina General Statutes for foreclosure of mortgages
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under power of sale, and reasonable attorney fees of such action or
foreclosure shall be added to the amount of such assessment. No
Owner may waive or otherwise escape liability for the assessments
provided for herein by non-use of the Common Area of abandonment of
his Lot.
Section 9. Subordination of the Lien to Mortaaaes. The liens
provided for herein shall be subordinate to the lien of any
Mortgage. Sale or transfer of any Lot shall not affect any
assessment lien. However, the sale or transfer of any Lot the is
subject to any Mortgage pursuant to a foreclosure thereof or any
proceeding in lieu of foreclosure thereof, shall extinguish the
lien of such assessments as to the payment thereof which became due
prior to such sale or transfer. No such sale or transfer shall
relieve such Lot from liability for any assessments thereafter
becoming due or from the lien thereof, but the liens provided for
herein shall continue to be subordinate to the lien of any
Mortgage.
Section 10. Exempt Property. Each Lot owned by Declarant shall be
exempt from any assessment unless a residence is constructed
thereon. All property dedicated to, and accepted by, a local
public authority and all properties owned by a charitable or non-
profit organization exempt from taxation by the laws of the State
of North Carolina shall be exempt from the assessments created
herein. However, no land or improvements devoted to dwelling use
shall be exempt from said assessments.
ARTICLE VIII
GENERAL PROVISIONS
Section 1. Enforcement. The Declarant, the Association, or any
Owner shall have the right to enforce by any proceeding at law or
equity all conditions, covenants; and restrictions now or hereafter
imposed by the provisions of this Declaration. Failure by such
party to enforce any such covenant, condition or restriction herein
contained shall in no event be deemed a waiver of the right to do
so thereafter.
Section 2. Severability. Invalidation of any one of the
covenants, conditions or restrictions of this Declaration by
judgment or court order shall in no way affect any of the other
provisions not expressly held to be void. And such remaining
provisions shall remain in full force and effect.
Section 3. Amendment. The covenants, conditions and restrictions
of this Declaration shall run with the land and bind the Owners of
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Lots for a period of twenty (20) years from the date this
Declaration is recorded, after which time such covenants,
conditions and restrictions shall be automatically extended for
successive periods of ten (10) years unless terminated or altered
by a vote of seventy percent (70%) of the Owners after the
expiration of said twenty (20) year period. This Declaration may
be amended during the first twenty (20) year period by an
instrument signed by the Declarant and the Owners of not less than
seventy percent (70%) of the Lots, thereafter by an instrument
signed by the Owners of not less than seventy percent (70%) of the
Lots. Any amendment must be properly recorded. For the purpose of
this Section, an addition to the Existing Property as provided in
Article I, Section 2 hereof shall not constitute "amendment".
Section 4. Additional Property. In the future, the Declarant may
or may not develop additional property in the vicinity of the
Property. In such event the Declarant may, in its sole and
absolute discretion, either annex such additional property to the
Property by recorded instrument, as hereinabove described, in which
case each lot within the annexed area shall be considered a Lot
hereunder, or Declarant may separately impose the same, additional,
or lesser restrictions on such additional property or may impose no
restrictions whatsoever on the development of such additional
property. Nothing herein contained shall be construed to impose
any restrictions on or easements in any land or property now or
hereafter owned by the Declarant, other than the Property.
Section 5. Waiver of Unintentional Violations. Declarant reserves
the right, but shall not be obligated, to waive in writing any
violation of the designated and approved building location line or
either side Lot line, provided that such violation does not
exceeded ten percent (10%) of the applicable requirements and the
violation thereof was unintentional.
IN WITNESS WHEREOF, the Declarant has caused this instrument
to be executed and sealed by its manager, all as of the day and
year first above written.
MRW PROPERTIES, INC.
By: (SEAL)
Michael J. Rokoski, President
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, Alan M. Solana, a Notary Public of the aforesaid County and
State, do hereby certify that Michael J. Rokoski personally came
before me this day and acknowledged that he is President of MRW
Properties, Inc., a North Carolina corporation, and that he, as
President, being authorized to do so, executed the foregoing on
behalf of the corporation.
Witness my hand and notarial seal, this the 16th day of
August, 2004.
My Commission Expires: May 30, 2009
(AFFIX NOTARIAL SEAL)
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Notary Public