SW8990121_Current Permit_19990129

Sfa% of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
January 29, 1999
Mr. Ed Burnett, Manager
South Harbor Village Associates, L.L.C.
1301 Heron Run Drive
Wilmington, NC 28403
Att •
LEL
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Permit No. SW8 990121
South Harbor Village - Lots 33-36
Low Density Subdivision Stormwater Permit
Brunswick County
Dear Mr. Burnett:
The Wilmington Regional Office received the Stormwater Management Permit Application for South Harbor Village - Lots
33-36 on January 11, 1999, with final information on January 28, 1999. Staff review of the plans and specifications has
determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000.
We are forwarding Permit No. SW8 990121, dated January 29, 1999, for the construction of the project South Harbor Village -
Lots 33-36.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations
as specified therein, and does not supercede any other agency permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory
hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a
written petition, conforming to Chapter 150B of the Nordi Carolina General Statutes, and filed with the Office of Administrative
Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact either Scott Vinson or me at
[phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/sav: S:\WQS\STORMWAT\PERMIT\990121.JAN
cc: Timothy L. Labounty
Delaney Aycock, Brunswick County Inspections
David Thomas, NCDOT Division 3, District 3
Wilmington Regional Office
Central Files
Scott Vinson
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State Stormwater Management Systems
Permit No.SW8 N0121
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter T43, General Statutes of North Carolina as amended,
and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
South Harbor Village Associates, L.L. C.
South Harbor Village - Lots 33-36
Brunswick County
FOR THE
construction, operation and maintenance of a 25 % low density subdivision in compliance with the provisions of
15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules ") and the approved stormwater management
plans and specifications, and other supporting data as attached and on file with and approved by the Division of
Water Quality and considered a part of this permit for South Harbor Village - Lots 33-36.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following
specific conditions and limitations:
I. DESIGN STANDARDS
Each of the 4 lots is limited to a maximum built upon area as follows: 4,387 square feet for Lot #33;
3,602 square feet for Lot #34; 3,421 square feet for Lot #35; and 4,730 square feet for Lot #36, as
indicated in the approved plans. CAMA regulations may reduce the allowable built -upon area for those
lots within the AEC.
2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 25 %, per
the requirements of Section 1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by reference and
are enforceable parts of the permit.
2

State Stormwater Management Systems
Permit No.SW8 990121
4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all
impervious areas and surface waters.
5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum
side slopes of 3 :1 (H: V) as defined in the stormwater rules and approved by the Division.
6. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road
b. That minimum amount needed under driveways to provide access to lots.
II. SCHEDULE OF COMPLIANCE
1. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be
operational for their intended use prior to the construction of any built -upon surface except roads.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other
vegetated conveyances will be repaired immediately.
i
3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted
stormwater management systems at optimum efficiency to include:
a. Inspections
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
4. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of
the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum,
the following statements related to stormwater management:
a. "The allowable built -upon area per lot is 4,387 square feet for Lot #33; 3,602 square feet for Lot.
#34; 3,421 square feet for Lot #35; and 4,730 square feet for Lot #36 inclusive of that portion of
the right-of-way between the front lot line and the edge of the pavement, structures, pavement,
walkways of brick, stone, slate, but not including wood decking, or the water surface of
swimming pools."
b. "The covenants pertaining to stormwater fegulations may not be changed or deleted without
concurrence of the Division of Water Quality. "
C. "Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings, is strictly prohibited by any persons."
d. "Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area
reduced due to CAMA jurisdiction within the AEC. "
e. "Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface
waters. "
C

State Stormwater Management Systems
Permit No.SW8 990121
5. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built -
upon area per lot within 30 days of the date of recording.
6. The permittee shall submit all information requested by the Director or his representative within the time
frame specified in the written information request.
7. The permittee shall notify the Division of Water Quality of any mailing address changes within 30 days
of moving.
8. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred
to the individual property owner.
9. Within 30 days of completion of the project, the Engineer/Owner/Developer/Permittee must certify in
writing that the project's stormwater controls, antr impervious surfaces have been constructed within
substantial intent of the approved plans and specifications. Any deviation from the approved plans must
be noted on the Certification.
10. The 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.
11. The following items will require a modification to the permit. Revised plans, specifications and
calculations must be permitted prior to the permittee beginning construction on the modification:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision of the project area.
f. Filling in, altering or piping any vegetative! conveyance shown on the approved plan.
12. The Director may determine that other revisions to the project should require a modification to the permit.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
an enforcement action by the Division of Water Quality; in accordance with North Carolina General
Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for
a permit modification, revocation and reissuance, or termination does not stay any permit condition.
4

State Stormwater Management Systems
Permit No.SW8 990121
4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North
Carolina General Statute 143-215.1 et. al.
5. The permit is not transferable to any person or entice except after notice to and approval by the Director.
The Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary. A formal permit request must be submitted to
the Division of Water Quality accompanied by the appropriate fee, documentation from both parties
involved, and other supporting materials as may be appropriate. The approval of this request will be
considered on its merits, and may or may not be approved.
6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,
rules, regulations, or ordinances which may be imposed by other government agencies (local, state and
federal) which have jurisdiction. If any of those permits result in revisions to the plans, a permit
modification must be submitted.
7. The permittee grants permission to DENR Staff to enter the property during business hours for the
purposes of inspecting the stormwater control system and it's components.
Permit issued this the 29nd day of January, 1999.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
------------
h A. Preston Howard, Jr., P.E. , Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 990121
5

1)1Y1JLVir Vr WAILK QUALll Y
15GU j?WOI2/
NORTH CA.ROLINA STO&M- WATER INL.NAGENMI`(T PERNIIT APPLICATION
I. GENERAL LNFORNIATION
(please print clearly or type)
1. Project Name South Harbour Village Lots 33 through 36
2. Location, directions to project (include County, Address, State Road) Attach map. Project is located at
end of Fish Factory Road (SR 1101), off of Highway 133, west of Southport, Brunswick
South Harbour Village Associates, L.L.C. County, North Ca ro ina
Owner's Name Attn: Mr. Ed Burnett Phone [phone]
4. Owner's Mailing Address 1301 Heron Run Drive
City Wilmin ton State NC Zip 28403
5. Nearest Receiving Stream Intracoastal Waterway Class SA
6. Project description Four parcels of land, Tots 33 through_ 36, will he developed with
residential dwellings and an access road.
L(. pFJLN IT Iri 'FO&NIATION
1. Permit No. (To be filled in by DTO
2. Application Date Fee enclosed S.
3. Permit Type: x New Renewal Modification (existing Permit No.)
4. Project Type: x Low Density Detention Infiltration Redevelop General Alter Offsite
5. Other State/Federal Permits/Approvals Required (Check appropriate blanks)
CAMA Majorx Sedimentation/Erosion-Control x .404 Permit x
III. BUILT UPON AREA (please see NCAC 2E 1005 duu .1007 for applicable density limits)
nrni as Breakdown of Tmpervinuc Aren
B2 cin Basin (Please indicate below the design imperviaus area)
Classification Low density Buildings 0.505 Acres
Existing Built -upon Area 0.0 Acres Streets 0.161 Acres
Proposed Built -upon Area 0.684 Acres Parking/SW NA
Total Project Area 4.591 Acres Other NA
% Built -upon Area 14.9% Totals 0.684 Acres
rV. STOR-Nf WATER TREATMENT (Describe how the runoff will be treated)
Built upon area will be 25% or less and stormwater runoff will be transported by
vegetative conveyances (over land sheet flow). A 30 foot wide vegetative ht,ffPr to the
mean high waterline will be maintained.

V. DEED RESTRICTIONS AND PROTECTIVE COVENAINTS
Deed restrictions and protective covenants are required to be recorded for all low density projects and all
subdivisions prior to the sale of any loc. Please see Attachment A for the specific .items that must be recorded for the
type of project applied for.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the items required by the permit, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without
concurrence from the State, and that they will be recorded prior to the sale of any lot.
VI. ONVNER'S CERTIFICATION ?, v
L G'�G,�� N ��certify that the information included on this permit
(Please p ? clearly or rype)
application form is correct, that the project will be constructed in conformance with the approved plans, that
the deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge,
the proposed project complies with the requirements of 15A NCAC 2H.1000.
1 authorize the below named person or firm to submit stormwater plans on my behalf.
Agent Signature and Title
E
VII. AGENT AUTHORIZATION (Please fill in the name of the engineer/surveyor authorized to submir plans on the owner's behalf.)
Person or firm name Matthew E Wallace Taw Engineering and Environmental Spry; res,
Iviailing Address 5710 Oleander Drive; Ste. 110
City Wilmington State_ Zip 2Z4()3 Phone [phone]
Please submit application, fee, plans and calculations to the appropriate Regional Office.
cc: Applicant/WiRO//Central Files
ORMWKTEP
E C E 1 4
- D
JUN 121998
D E M
PROJ #

_ (+
State of North Carolina
Department of Environment and Natural Resources :
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
South Harbor Village Associates, L.L.C.
2.. Print Owner/Signing Official's name and title (the person who is legally responsible for the facility and
its compliance):
Mr. Ed Burnett; Agent
3. Mailing Address for person listed in item 2 above:
1301 Heron Run Drive
Gty Wilmincaton Sta NC zip: 28403
Telephone Number. ( 910 1 452-2727
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
South Harbor Village - Lots 33 through 36
5. Location of Facility (street address):
Fish Factory Road (State Road 1101)
City N/A CoLmy: Brunswick
6. Directions to facility (from nearest major intersection):
Proiect is located at the end of Fish Factory Road (SR1101), off of Highway 133,
west of Southport. North Carolina
7. Latitude W78° 0J_727' L0n0ude N33° 55.398' of facility
8. Contact person who can answer questions about the facility:
Name Mr. Ed. Burnett Telephone Number. ( 910 l 452-2727
II. PERNITT INFORMATION:
1. Specify whether project is (check one): X New Renewal Modification
2. If this application is being submitted as the result of a renewal or modification to an existing/permit, list
the existing pemxt number N/A and its issue date (if known} lei A
Form SWU-101 April 1998 Paoe 1 of 4

3. Specify the type of project (check one):
"- X Low Density High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
X CAMA Major X Sedimentation/Erosion Control X 404 Permit - -.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
BBi,lt :.upon ..area; wall' be 25% or less of upland area. Stormwater runoff will be
transported by overland sheetflow. A minimum 30-foot wide vegetated.buffer to the
mean high waterline will be maintained.
2. Stormwater runoff from this project drains to the Intracoastal Waterway
ftem-basin.
3. Total PmjectArea: 2 _ n79 acres 4. PmjectBuilt Upon Area 25
5. How many drainage basins does the project have? 2
6. Complete the following information for each drainage basin If there are more than two drainage basins in
the project, attach an additional sheet with the information for each basin provided in the same format as
below.
Ba& ��
I3,na a Basin I (.
I?rama I .
Receivin Stream Name
tal Waterway
Intracoastal Waterway
Receiving Stream Class
SA
SA
Drainage Basin Area
42228S.F. (excluding wetlandsj48348S.F(excluding
7ze= s
Existing Impervious* Area
0
0
Proposed Imervious*Area
1
10,557 S.F.
12,087 S.F.
% Impervious* Area (total)
25
25
* Iid% Aria
Dzafage B44k 1
07u p $ash
On -site Buildings
7,989 S.F.
8,151 S.F.
On -site Streets
2,568 S.F.
3,936 S.F.
On -site Parkin
N/A
N/A
On -site Sidewalks
N/A
N/A
Other on -site
N/A
N/A
Off -site
0
0
Total:
E= 10,557 S.F.
E= 12,087 S.F.
Impervious area is defined as the built upon area including, but not Iimited to, buildings, roads, parking
areas, sidewalks, gravel areas, etc.
7. How was the off -site impervious area listed above derived? There is no off -site flow to the
_project area.
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Deed restrictions and protective covenants are required to be recorded for all low density projects and all
subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded.
Form SWU-101 April 1998 Page 2 of 4

By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
- shall include all the items required by the permit, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or
deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V . AGENT AUTHORIZATION
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section
Law Engineering Ana Envirormiental Services, Inc.
Desigriated� Cmdhidualor,firm): Attn: Mr. Dan Shields
Maffing 5710 Oleander Drive, Suite 110
cry Wilmington ate. NC 23p; 28403
Phone ( 910 ) 452-1185 Fax ( 910 ) 791-1338
VI. SUBMITTAL REQUIREMENTS
This application package will not be accepted by the Division of Water Quality unless all of the applicable
items are included with the submittal
1. Please indicate that you have provided the following required information by signing your initials in the
space provided next to each item.
Applic's Initials
• Original and one copy of the Stormwater Management Permit Application Form _
• One copy of the applicable Supplement Form(s) for each BMP (see Attachment A) YA
• Permit application processing fee (see Attachment A)
• Two copies of plans and specifications including.
• Detailed narrative description of stormwater treatment/management 'Ft $
Two copies of plans and specifications, including: 4.
- Development/Project name -
- Engineer and firm
-Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage basins delineated
- Vegetated buffers (where required)
VII. APPLICANTS CERTIFICATION
1, (print or type name of person listed in General Infnrnuation, item z ., 0(2ae'ffp'-17�-
certify that the information included on this permit application form is correct, that the project will be
constructed in conformance with the approved plans, that the deed restrictions in accordance with Attachment
A of this form will be recorded with all required permit conditions, and that to the best of my knowledge the
proposed project complies i e requirements of 15A NCAC 2H .1000.
Sig mtam Data / �/
bg
e,
Form SW-101 April 1998 Page 3 of 4

ATTACHMENT A
1. Deed Restriction Language
The following statements must be recorded for all low density projects and for all projects that involve the
subdivision and selling of lots or outparcels:
1. No more than -*L square feet of any lot, including that portion of the right-of-way between the
edge of pavement and the front lot line, shall be covered by impervious structures including
Set Af c A asphalt, gravel, concrete, brick, stone, slate or similar material but not including wood decking or
[i the surface of swimming pools. This covenant is intended to insure continued compliance with the
stormwater permit issued by the State of North Carolina. The covenant may not be changed or
deleted without the consent of the State.
2. No one may fill in, pipe, or alter any roadside swale except as necessary to provide a minimum
driveway crossing.
NOTE: If lot sizes vary significantly, the owner/developer must provide an attachment listing each lot
number, size and the allowable built -upon area for each lot.
For commercial projects that have outparcels or future development the following statements must also be
recorded:
3. The connection from the oufparceI or future area into the stormwater system must be made into the
forebay such that short-circuiting of the system does not occur.
4. All built -upon area from the outparcel or future development must be directed into the permitted
stormwater control system.
5. Built -upon area in excess of the permitted amount will require a permit modification prior to
construction.
For curb outlet systems, the following statement in addition to items 1 and 2 above must be recorded:
6. No one may pipe, fill in or alter any designated 100 foot long grassed Swale used to meet the
requirements of NCAC 2H .1008(g).
2. Supplement Fors
The applicable supplement form(s) listed below must be submitted for each BMP specified for this project:
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Nutrient Management Strategy Supplement
3. Permit Application Fees (check made payable to NCDENR and submitted to the appropriate Regional
Office)
Type of Permit
Low Density
High Density
Other
Directors Certification
General Permit
New, Modification, or
Late Renewal
$225
$385
$225
$350
$50
Timely Renewal Without
Modification
n/a
$225
n/a
n/a
n/a
Form SWU-101 April 1998 Page 4 of 4

A+4 � k �,-,+ Q
BUILT UPON AREA CALCULATIONS
SOUTH HARBOUR VILLAGE
LOTS 33 THROUGH 36 - LOW DENSITY
BRUNSWICK COUNTY
LAW PROJECT 31040-7-0839
SA
DF
RA
OA
BUA*
LOT
Site area above wetlands (404)
Density
Road area
Other area
I
Allowable built u on
delineation line (sq. ft.)
factor
(sq. ft.)
(sq. ft.)
area for each lot (sq. ft.)
33
20844
0.25
824
0
4387
34
21384
0.25
1744
0
3602
35
22644
0.25
2240
0
3421
36
25704
0.25
1696
0
4730
* Built upon area calculation: BUA = (SAxDF)-RA-OA
Prepared by: MEW 9/21198
Checked by:
clientslsharbour. villstormh2OVowdensitylalbwnce.xls

.' . Permit No. '-W 0(9 vl a f
(to be provide by DW
` State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in 15A NCAC 2H .1005 through .1007.
I. PROJECT INFORMATION (please complete the following information):
Project Name : South Harbor village - Lots 33 through 36
Contact Person: Mr. Ed Burnett Phone Number: (910 ) 452-2727
Number of Lots: 4 Square Feet Per Lot*: Ref. Table
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area
for each lot.
II. BUILT UPON AREA
See the Stormwater Management Permit Application Attachment A for specific language that must be recorded
in the deed restrictions for all low density projects.
For uniform lot sizes, complete the following calculation in the space provided below where:
• SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor - the appropriate percent built upon area divided by 100.
• RA Road Area - the total impervious surface occupied by roadways.
• OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lots is the total number of lots in the subdivision.
• BUA/Lot is the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
SA x DF - RA - OA = BUA
o. Lots �-
Calculation:
Ref. Table Attached
Form SWU-104 Rev 1/August 1998 Page 1 of

III: REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent in the Stormwater
Management Permit Application Form, the agent may initial below.
Applicants Initials
l/ a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
b. Deed restriction language shall be recorded as a restrictive covenant. A copy of the recorded
document shall be provided to DWQ within 30 days of platting and prior to sale of any lots.
c. Built upon area calculations are provided for the overall project and all lots.
d. Project conforms to low density requirements within the ORW AEC (if applicable). [15A
NCAC 2H .1007(2)(b)]
Form SVM-104 Rev 1/August 1998 Page 2 of

IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII a is� 4sma s 9'0
Brunswick County, MC Register of 1
Deeds ��s0page 1 of 13
::ai Cotai 1
I✓ Ck $ OCky#�('{ j��Cash $
Finance
RerunCash $ Tom+ t—
rttoos of document are illegible ol�b a due a to coedit on
of original.
Q Document contains seals verified by original
instrument that cannot be reproduced or copied.
Prepared by: Board of Directors
Navigation Point Condo Owners Association
Navigation Point at South Harbor Village Condominiums
Southport, NC 28461
STATE OF NORTH CAROLINA AMENDED DECLARATIONS OF UNIT
OWNERSHIP AND COVENANTS,
CONDITIONS AND RESTRICTIONS OF
COUNTY OF BRUNSWICK NAVIGATION POINT AT SOUTH
HARBOUR VILLAGE CONDOMINIUMS
Ltk
THIS AMENDMENT, made this X day of f A94.� _ 2019 by
FRANCIS DE POORTERE, TRUSTEE OF THE FRANCIS DEORTERE REVOCABLE
INTER VIVOS TRUST DATED NOVEMBER 15TH 2006, SCOTT OVIT and wife, MELISSA
BOVIT, MARYANN HENDERSON, SARAH O'HANLON, STEPHEN E9X and wife, LYNN
MAURO, ION LAZEAU and wife, TAIvOM LAZEAU, hereinafter collectively the "Owners":
WITNESSETH:
WHEREAS, the Owners desire to Amend the DECLARATIONS OF UNIT OWNERSHIP AND
COVENANTS, CONDITIONS AND RESTRICTIONS FOR NAVIGATION POINT AT SOUTH
HARBOUR VILLAGE CONDOMNIUMS, which were recorded in Book 2432, Page 1311 and
amended in Book 2561, Page 673 and Book 2693, Page 211 in the Brunswick County Registry.
NOW THEREFORE, the Owners hereby declare that the DECLARATIONS OF UNIT
OWNERSHIP AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR NAVIGATION
POINT AT SOUTH HARBOUR VILLAGE CONDOMINIUMS are amended as follows:
1. Paragraph 8d is hereby amended to read as follows:
"d. Assignment of Boat Slips. The boat slips were assigned on that map recorded in Map
Book 11 at Page 84-85 in the office of the Brunswick County Register of Deeds, as indicated in

II I I I III III 111 it I 1111111III I I I Jill III B419� M. 147 Clem"Ms 29PROD
Brunswick County, NC Register of Deeds page 2 of 13
The Declaration of Unit Ownership and Covenants, Conditions and Restrictions of Navigation
Point at South Harbour Village Condominiums recorded in Book 2432 at Page 1311 amended in
Book 2562, Page 673 and Book 2577, Page 1054 in the Brunswick County Registry. The boat slip
assignments are hereby revised as follows due to slip assignments having been actually assigned
contrary to the aforementioned Declaration:
Lnit
O'Quinn Blvd
Navigation Point
Schematic Slip
Assignment
Exhibit "A"
CA -NIA Permit
Application #39-06
Exhibit `B7
Map Book 11
At Page 84
Exhibit "C"
5000 A
5000 A
8
Slip
45000 L_C.A, Slip
B
5000 B
5000 B
7
Slip
45000 L.C.A. Shp
A
5002 A
5002 A
5
I Slip
45002 L.C.A. Slip
A
5002 B
5002 B
6
Slip
45002 L.C.A. Slip
B
5004 A
5004 A
3
j Slip
45004 L.C.A. Slip
B
5004 B
5004 B
I 1
j Slip
#5006 L.C.A. Slip
A
5006 A
5006 A
4
Slip
4'5006 L.C.A. Sli
B
5006 B
5006 B
2
Sli
#5004 L.C.A. Slip
A
2. Exhibit "F" as described in Paragraph 1(f) of the Declaration was omitted from recordation
when the Declaration was recorded in Book 2432 at Page 1311. Exhibit "F" is attached hereto to be
incorporated in the Declaration as intentionally intended.
3- Pursuant to ISA NCAC 07J .0208(b)(6)(D) and to comply with the CAMA Permit #39-06,
the parties hereto agree that the shoreline of what was Lots 33, 34, 35, and 36 of South Harbour
Village, now comprising the shoreline of Navigation Point at South Harbour Village
Condominiums is dedicated to the docking facility described on the attached Exhibit "F. "
`1-� "A
DATED this day of Aq6, 2019.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
SIGNATURE AND NOTARY PAGES FOLLOW.

Illlllillllllll Illllllllllllllllllll! 84197 P0148m 291
Ions PROP
Brunswick County, NC Register of LIeeds page 3 of 13
IN WITNESS WHEREOF, HAGOOD HOMES OF WILMIiGTON, INC. has caused
this instrument to be duly executed as of the da d abov
BY: J S KENNY - PRESIDENT
STATE OF U pr-l-)
COUNTY OF Uew
I,a Notary Public in and for the State and County
aforesaid, certify that JAMES KENNY, President of HAGOOD HOMES OF WILMINGTON,
INC., a North Carolina corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument.
Witness my hand and official seal this ql. 23 Month/day, 2019.
My commission expires:
3
Notary Public
(Notary Seal)
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,
Of �ssio� p
ti-
� 'pTARI- �t
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IIIIIlIIII111IIIIIIIII IIII 1111Jill 11 B2432 P1311 �so9 53.001
Brunswick County, NC Register of Deeds page 1 of 40
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Prepared by: Steven F. Siegel
1908 Eastwood Road Ste. 320
Wilmington, NC 28403
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
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DECLARATIONS OF UNIT OWNERSHIP
AND COVENANTS, CONDITIONS AND
RESTRICTIONS OF
NAVIGATION POINT AT SOUTH
HARBOUR VILLAGE CONDOMINIUMS
THIS DECLARATION OF UNIT OWNERSHIP, made this 3 day of U 1
2006 by HAGOOD HOMES OF WILMINGTON, INC., 1908 EASTWOOD ROAD, SUfr328,
WILMINGTON, NC 28403, hereinafter called "Declarant';
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property located in the City of Southport,
Brunswick County, North Carolina, which is more particularly described in Exhibit "A", attached
hereto and incorporated herein by reference.
WHEREAS, Declarant has constructed or will construct on this real property certain
improvements, more fully described hereafter, which real estate and improvements Declarant
desires to submit to condominium ownership;
NOW, THEREFORE, Declarant declares its intention, by the filing of this Declaration, to
submit, and does hereby submit, the above -described real property and improvements thereon to the
provisions of the North Carolina Condominium Act, Chapter 47C of the North Carolina General
Statutes, as a unit ownership project to be named NAVIGATION POINT AT SOUTH HARBOUR
VILLAGE -CONDOMINIUMS; and further publishes and declares that all of the property described
herein is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used,
occupied, and improved, subject to the following covenants, conditions, restrictions, uses,

III111 IIII IIIII III IIII 111111111111111 82432 P1312 a son-530ea.
Brunswick County, NC Register of Deeds page 2 of 40
limitations and obligations, all of which are declared and agreed to be in furtherance of a plan for
the conversion of said property into a condominium facility, and shall be deemed to run with the
land and shall be a burden and a benefit to Declarant, its successors and assigns and any person
acquiring or owning an interest in the real property and improvements, their grantees, successors,
heirs, executors, administrators, devisees and assigns.
1. DEFINITIONS. Certain terms in this Declaration and in the Articles of
Incorporation and Bylaws appended hereto shall be defined as follows, unless the context clearly
indicates a different meaning therefor:
a. "Act" means the provisions of the North Carolina Condominium Act,
Chapter 47C of the General Statutes of the State of North Carolina, as such may be supplemented
or amended from time to time.
b. "Allocated interests" means the undivided interests in the common elements,
the common expense liability and votes in the association allocated to each unit.
C. "Association" means NAVIGATION POINT AT SOUTH HARBOUR
VILLAGE CONDOMINIUMS UNITOWNERS ASSOCIATION, INC., which is an entity
comprised of all owners of units in NAVIGATION POINT AT SOUTH HARBOUR VILLAGE
CONDOMINIUMS.
d. "Assessment" means a share of the funds required for the payment of
common expenses, late fees and fines which from time to time is assessed against a unit owner by
the Association.
e. "Board of Directors" or "Board" means the Board of Directors of the
Association or its agents, which shall be the executive board of the Association, as defined in
N.C.G.S. 47C-1-103(13). "Director" means amember of the Board.
f. "Boat Dock Facility" shall mean and refer to all of the property shown on
the plat entitled "CAMA Major Permit Application Lot 33-36 South Harbor Village" attached
hereto as Exhibit "F" and incorporated herein fully by reference.
g. "Boat Slip" shall mean the space in and above the water adjacent to the
facility for the docking of a boat shown diagrammatically as docks 1 through 8, inclusive, on the
plat of the docking spaces referred to in Paragraph 1(f) above. The terms "Boat Slip" and "Docking
Space" shall have the same meaning and may be used interchangeably. Each boat slip will be for
the exclusive use of one unit owner as a limited common area for that unit owner.
h. 'Building" means the building currently existing or to be built upon the real
property described in Exhibit "A" and which houses the condominium units.
"Bylaws" means the bylaws of the Association providing for the government
2

111lIIlIIiiIIIIIIIIIIIIIIIIIIiIIIIIII 6243? P1313;n5on-ssaae,
Brunswick County. NC Register of Deeds page 3 of 40
and administration of the Association. "Articles" means the Articles of Incorporation of the
Association.
j. "Common Element or Common Area" means the portion of the
condominium property owned in common. by all of the unit owners as more specifically set forth
herein and shall mean all real and personal property owned by the Association for the common use
and enjoyment of the members of the Association.
k. "Common expenses" means the expenses incurred by the Association the
administration, maintenance, operation, enjoyment, safety, repair, and replacement (including a
capital reserve for repair, maintenance, and replacement) of the common areas and facilities as well
as any other expense incurred by the Association which is and declared to be a common expense by
the Association, this Declaration, the Bylaws of the Act.
1. "Common surplus" means the balance of all income, rents and revenues of
the Association remaining after the deduction of the common expenses.
M. "Condominium project" or "Project" means the entire proposed development
consisting of all the land, the building and other "property" as that term is herein defined.
n. "Declarant" means HAGOOD HOMES OF WILNINGTON, INC., its
successors and assigns.
o. "Declaration" means this instrument as it may from time to time be lawfully
amended or supplemented.
p. "Limited Common Element" means those common areas and facilities
which are reserved for the use of a certain unit or units to the exclusion of other units, as more
specifically identified herein.
q. "membership" shall mean and refer to the rights, benefits, duties and
obligations, which shall insure to the benefit of and burden each member of the Association.
r. "Period of Declarant Control" means the period commencing on the date
hereof and continuing until all the units are sold.
S. "Person" means an individual, corporation, partnership, association, trustee,
or other legal entity.
t. "Property" means and includes the land; the building, all improvements and
structures thereon and all articles of personal property intended for use in connection therewith
which are submitted to condominium ownership by this Declaration.
U. "Real Property" shall mean and refer to all of the real property described in

IIIlllllllIIIIIIIIIlllllli IIIIIIIIIII �243� Rk ins 53�301
Brunswick County, NC Register of Deeds page 4 of 40
Exhibit "A" attached hereto.
V. "Unit" or "Condominium Unit" shall mean that enclosed space within the
building as shown on the building plans described in the Declaration, together with any additional
area or space accompanying the same and described herein, which is intended for private ownership
and to be sold as a dwelling unit pursuant to the Declaration and the Act. The enclosed space
representing each unit shall be bounded by the interior surface material of its perimeter walls,
ceilings and floors. Each unit is defined to include;
(i) all non -load bearing partition walls located entirely within the above -
defined enclosed space;
(ii) all interior finished surfaces of the perimeter walls and ceilings;
(iii) all carpet, tile, vinyl, wood floor or other decorative floor covering;
(iv) all windows, including screens, window frames, exterior doors, and
exterior door frames;
(v) all heating and air conditioning equipment and accompanying ducts
and components (if separate for each unit);
(vi) all wires, ducts pipes, lines and other facilities for the furnishing of
utility services located within the above -defined enclosed space, but specifically excluding all
wires, ducts, pipes and other facilities which lie within the above -defined enclosed space but are for
the common use of one or more other units in the project.
W. "Unit Designation" means the letter thereof which designates a unit within
the condominium.
X. "Unit Owner" means a person, corporation, partnership, association, trust,
other legal entity, or any combination thereof, in whose name or names the title to or an interest in
the title to any unit is vested, excluding those who own or hold such title or interest under the terms
of any mortgage or deed of trust or other similar instrument for the purposes of securing the
payment of an indebtedness or the performance of an obligation. The terms "Unit Owner" and
"Member" shall have the same meaning and may be used interchangeably.
2. DESCRIPTION OF REAL PROPERTY. The real property on which the building
and improvements are or are to be located is described in Exhibit "A", attached hereto and
incorporated herein by reference.
3. DESCRIPTION OF BUILDINGS. The buildings in which the units are located is
described in building plans which are attached hereto as Exhibit "B" and incorporated herein by
reference. The buildings will consist of two stories.

Jill II IIII IIIII III IIII IIII illii I it III B2432 P1315 im so9-53.00,
Brunswick County, NC Register of Deeds page 5 of 40
4_ UNIT DESIGNATION AND DESCRIPTION. The unit designation of each unit
and a description of its location, area, floor plan and number of rooms, are shown on the building
plans attached hereto as Exhibit "B".
5. DESCRIPTION OF COMMON ELEMENTS AND FACILITIES The common
elements and facilities shall consist of all the real property described in Exhibit "A", which is
subjected to the terms of this Declaration, and all of the improvements and facilities thereon which
are not units as defined herein and which are not items of personal properly owned, held, or
maintained by unit owners. Without in any way limiting the scope thereof, the common elements
and facilities shall include the following:
a. All foundations, columns, girders, beams, supports, roofs, exterior walls,
interior load bearing walls, ventilation fans and vents of the building;
b. All stairways, stairwells, halls, passageways, corridors, lobbies, exits and
entrances which give access to the units, except as designated on Exhibit "B" for a specific unit;
C. All yards, gardens, parking areas, driveways, boat docks and other
amenities;
d. All installations for the provision of utility services, including, but not
limited to, electricity, water, gas, refrigeration, telephone, heating, air conditioning, sewer, trash
disposal, incineration, and television which are for the common use and benefit of the unit owners
and which are not defined as being a part of the units;
e. All tanks, pumps, motors, fans, compressors and control equipment existing
for common use.
f. All of the boat docking facility as shown on the plat attached hereto as
Exhibit "F" except for the boat slips themselves which shall be the responsibility of the unit owner
who has the right to use that boat slip.
6. ALLOCATED INTERESTS. Unless and until this project shall be expanded as
herein provided, the percentage of each unit owner's undivided interest in the common elements of
NAVIGATION POINT AT SOUTH HARBOUR VILLAGE CONDOMINIUMS is set forth in
Exhibit "C", attached hereto and incorporated herein by reference. This percentage is based on the
relation that the total volume in square feet of each unit bears to the aggregate square feet contained
in all units as of the date of this Declaration. The number of members in the Association shall be
limited to EIGHT (8). Such membership shall become appurtenant to and may not be separated
from the ownership of a unit in Navigation Point at South Harbour Village Condominiums.
7. LIMITED COMMON ELEMENTS. The decks or porches adjacent to each unit
and any storage space allotted to each unit, designated in Exhibit "B" attached hereto as "limited

n I I I II fI I 11111111111 ':IIII IIIIIIII IIII 3P136 53 M
Robert1
Brunswick County, NC Register of Deeds page 6 of 40
common areas" are limited common areas for the sole use of the unit owner of a unit to which the
same are adjacent or allocated as indicated on said plans.
8. NATURE AND INCIDENTS OF UNIT OWNERSHIP.
a. Nature of Interest. Every unit, together with its undivided interest in the
common elements shall for all purposes be treated as a separate parcel of real property with all the
incidents thereof. Each unit may be individually conveyed, leased and encumbered and may be
inherited or devised by will as if it were solely and entirely independent of the other units in the
building of which it forms a part. Each unit may be held and owned by more than one person,
either as tenants in common or tenants by the entirety, or in any other manner recognized under
State law.
b. Partitioning. No unit may be divided or subdivided into a smaller unit or
units, nor shall any unit or portion thereof be added to or incorporated into any other unit unless
written approval is first obtained from the Board of Directors of the Association. The common
elements shall remain undivided and no unit owner or any other person shall bring an action for
partition or division of any part thereof, unless the property has been removed from the provisions
of the Unit Ownership Act.
C. Common Elements Appurtenant to Unit. The undivided interest in the
common elements, including but not limited to the boat docking facility, shall not be conveyed,
encumbered, or otherwise separated from the unit to which it appertains and shall be deemed
conveyed or encumbered with the unit even though such interest is not expressly mentioned or
described in the conveyance or other instrument.
d. Assignment of Boat Slips. The boat slips are assigned as follows:
Building 5000, Unit A - Slip 1
Building 5000, Unit B - Slip 2
Building 5002, Unit A - Slip 3
Building 5002, Unit B - Slip 4
Building 5004, Unit A - Slip 5
Building 5004, Unit B - Slip 6
Building 5006, Unit A - Slip 7
Building 5006, Unit B - Slip 8
e. Taxes. Each unit and its percentage of undivided interest in the common
elements shall be deemed to be a separate parcel and shall be separately assessed and taxed for all
types of taxes authorized by law, including, but not limited to, special ad valorem levies and special
assessments. Each unit owner shall be liable solely for the amount of taxes on his individual unit
and shall not be affected by the consequences resulting from the tax delinquency of other unit
holders. Neither the buildings, the property, nor any of the common elements shall be deemed to be
a separate parcel for purposes of taxation.

it l ll l l ll l illli & -0III IIII 11111111111111182432 P1317 I .53001
Brunswick County, NC Register of Deeds page 7 of 40
Rights of Members.
(i) Each member of the Association shall have the exclusive right
subject to the provisions hereof and subject to the By-laws and Rules and Regulations promulgated
by the Board of Directors to occupy, possess and lawfully use the boat slip assigned to such
member and the walkways referred to in this Declaration.
(ii) Each member shall have the right and easement of enjoyment in and
to the common area subject to the right of the Association:
(1) To limit the number of guests of members;
(2) In accordance with its Articles and By -Laws to borrow
money for the purpose of improving the properties, common area and facilties;
(3) To suspend all rights of any member for any period during
which any dues or assessments against such member remains unpaid; and for a period not to exceed
thirty (30) days for any infraction of its published Rules and Regulations.
9, USE RESTRICTIONS.
a. Each unit shall be used for single-family residential purposes only, which
shall include the rental and long term leases of individual units by the owner. No use shall be made
of any portion of the properties, common area or any boat slip for any commercial purpose nor for
any purpose not in accordance with this Declaration, the By -Laws and the Rules and Regulations.
b. No immoral, improper, offensive, noxious or unlawful use shall be made of any
unit or of the common elements, and all applicable laws, zoning ordinances and regulations of all
governmental authorities shall be observed. No owner of any unit shall permit or suffer anything to
be done or kept in his unit, or on the common elements, which will increase the rate of insurance on
the unit, or which will obstruct or interfere with the rights of other occupants of the other units or
annoy or embarrass them, nor shall any owner undertake any use or practice which shall constitute a
nuisance to any other owner of a unit, or which interferes with the peaceful possession and proper
use of any other unit or the common elements.
C. No owner of a unit shall permit any structural modification or alteration to
be made to the unit without first obtaining the written consent of the Board of Directors of the
Association, nor alter nor cause any changes to be made to the exterior of the building (including
painting, installing television or radio antenna or installing signs), or in any manner alter the
appearance of the exterior portion of the building without obtaining such consent. No unit owner
shall fix any object to the common elements (including fences, flowers, trees, shrubs, or any other
vegetation) or in any manner change the appearance of the common elements or limited common
elements without first obtaining the written consent of the Board of Directors of the Association.

IIIIIIIIII IIII IIII Jill 111 II IIIIII III B2432 P1318 @ �o�-531ZS
Brunswick County, NC Register of Deeds page a of 40
d. The Declarant or its agent shall have the right to maintain a sales office or
model unit in any of the units of its choice for the sole purpose of selling the remaining units in the
project. This right will terminate upon the sale of the last unit by the Declarant
. e. No cooking or use of grills or similar devises shall be allowed on the stairways,
porches or decks within 10 feet of the building.
f. No boats, trailers, motor homes or similar vehicles maybe stored on the property
or common areas, except as designated by the Unitowners Association.
g. No satellite dishes maybe placed on any unit without the written approval of the
Unitowners Association.
h. The Unitowners Association shall have the exclusive right to assign parking
spaces and designate their use.
i. The Unitowners Association shall have the right to require the Unit Owner to
remove any pet from their Unit if it is determined that the pet is nuisance.
j. The use of the property shall be subject to any restrictions contained in the
Bylaws of the Association and to any Rules and Regulations established by the Board of Directors
of the Association. These additional use restrictions shall have the same force and effect as the
restrictions contained herein.
10. EASE'VIENTS.
a. In case of any emergency originating in or threatening any unit, regardless of
whether the owner is present at the time of such emergency, the Declarant, the Board of Directors
of the Association, or any other person authorized by it, or the manager, shall have the right to
immediately enter the unit for the purpose of remedying or abating the cause of the emergency.
b. Each unit owner shall have an easement to use all pipes, wires, ducts, cables,
conduits, public utility lines and other such facilities which are located in another unit and serve his
unit. Each unit shall be subject to an easement in favor of the owners of all other units to use the
pipes, ducts, cables, wires, conduits, public utility lines and other such facilities which are located
in such unit and serve other units. The Board of Directors of the Association shall have a right of
access to each unit to inspect the same, to remove violations therefrom and to maintain, repair, or
replace the common facilities contained therein or elsewhere in the building.
c. The Board of Directors may grant or assume easements, leases, or licenses for
utility purposes for the benefit of the property, including the right to install, lay, maintain, repair,
and replace water lines, pipes, sewer lines, gas mains, telephone and television wires and equipment
and electrical conduits and wires over, under, along and on any portion of the units or common

P1319 . 5300e,
Brunswick County, NC Register of Deeds page 9 of 40
elements. Each unit owner hereby grants to the Board of Directors, or the manager, an irrevocable
power of attorney to execute, acknowledge and record for or in the name of the Association or each
unit owner such instruments as may be necessary to effectuate the foregoing.
d. In the event that any unit shall encroach upon any of the common elements, or
any other unit or units, for any reason not caused by the purposeful or negligent act of the unit
owner, or agents of such owner, then an easement appurtenant to such unit shall exist for the
continuance of such encroachment upon the common elements or upon a unit for so long as such
encroachment shall naturally exist. In the event that any portion of the common elements shall
encroach upon any unit, an easement shalt exist for the continuance of such encroachment of the
common elements upon any unit for so long as such encroachment shall naturally exist. If any unit
or any portion of the common elements shall be partially or totally destroyed as a result of fire or
other casualty, or as a result of condemnation or eminent domain proceedings, and if upon
reconstruction of the unit or the common elements in accordance with this Declaration, portions of
the common elements encroach upon any unit, or any unit encroaches then such encroachment shall
be permitted and a valid easement for the maintenance thereof shall exist so long as the
encroachment naturally remains.
e. The Association, or any member, shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges
now or hereafter imposed by or under the provisions of this Declaration. Failure of the Association
or any member to enforce any covenant or restrictions herein contained shall in no event be deemed
a waiver of the right to do so thereafter.
f. Invalidation of any one of these covenants or restrictions by judgment or court
order shall in no way affect any other provision, which shall remain in full force and effect.
g. The covenants, conditions and restrictions of this Declaration shall run with and
bind the common area and boat slips, and shall inure to the benefit of and be enforceable by the
Association, or any member, their respective legal representative, heirs, successors and assigns,
subject to this Declaration, for a term of twenty-five (25) years from the date this Declaration is
recorded, after which time such covenants shall be automatically extended for the successive
periods of ten (10) years each.
11. MAINAGEMENT.
a. Generally. The management of the affairs of the project shall be the right and
responsibility of the Association and said management duties shall be carried out in accordance
with the terms and conditions of this Declaration, the Articles of Incorporation and the Bylaws of
the Association, copies of which are attached hereto and incorporated herein by reference; provided,
however, that the Association shall not be authorized to take over management rights and
responsibilities until conveyance of management responsibilities to the Association, as provided in
the Declaration and in the Bylaws.

IIIII illllllllllll llll lill II IIII I III Robert J. Ro 0 5o�-,3am�,
Brunswick County, NC Register of Deeds page 10 of 40
b. Conveyance of Control and Management Responsibilities. Conveyance of
control and management responsibilities to the Association shall take place when all of the units
have been conveyed to unit purchasers or one year from the date of the conveyance of the first unit,
whichever comes first.
c. Manager. The Board of Directors of the Association shall have the right to
contract with or employ a manager for the purpose of operating, supervising, maintaining and
managing the property. All the management powers and duties of the Association may be
delegated to the manager by the Board of Directors, except those which are specifically reserved to
the Board of Directors by this Declaration, the Articles and Bylaws, or the Act.
12. MAINTENANCE. The respective responsibilities of the unit owners and the
Association to maintain, repair and replace the property shall be as set forth in the Bylaws.
13. COMMON EXPENSES AND ASSESSMENTS. The unit owners are bound to
contribute, according to their allocated interest in the common areas and facilities as set forth
herein, toward the common expenses of the Association. No unit owner may exempt himself from
contributing toward such expenses by waiver of the use or enjoyment of the common areas and
facilities or by abandonment of the unit belonging to him. The common profits of the property, if
any, shall be distributed among the unit owners according to the same percentage undivided
interest. Each unit owner shall be subject to an assessment from the Board of Directors for his
share of the common expenses. The manner of computing and collecting this assessment is set
forth in the Bylaws.
14. INSURANCE.
a. Hazard Insurance. The Board of Directors of the Association, or the manager,
shall obtain insurance upon the property for the benefit of the unit owners and their mortgagees
against (1) loss or damage by fire and other hazards covered by the standard extended coverage
endorsement and (2) such other hazards or risks covered for similar projects, including those
covered by the standard "all risk" endorsement. Such policies shall make provision for the issuance
of certificates of insurance or mortgagee endorsements to the mortgagees of unit owners, and if the
companies writing such policies will agree, the policies shall provide that the insurer waivers its
rights of subrogation as to any claims against unit owners, the Association and their respective
servants, agents and guests. In addition to the above, the Board of Directors may obtain such other
insurance coverage as they deem necessary and desirable. All liability insurance shall contain
cross -liability endorsements to cover liability of the unit owners as a group to a single unit owner.
Each unit owner may obtain insurance, at his own expense, affording coverage upon his own unit,
his personal property and such other coverage as he may desire. All hazard insurance shall meet the
minimum requirements and standards of the Federal National Mortgage Association.
b. Amount of Coverage. The Board of directors or the manager shall insure all
buildings and improvements upon the land and all personal property included in the common areas
and facilities in an amount equal to their maximum insurance replacement value as determined
10

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Brunswiek County, NC Register of Deeds page It of 40
annually by the Board of Directors, or manager, with the assistance of the insurance company or
companies providing coverage.
c. Premiums. All premiums on insurance policies purchased by the Board of
Directors or manager and any deductibles payable in the event of loss shall be paid by the
Association and chargeable to the Association as a common expense.
d. Proceeds. All insurance policies purchased pursuant to these provisions shall
provide that all proceeds thereof shall be payable to the Board of Directors or manager as insurance
trustee for the unit owners and their mortgagees. The insurance trustee shall have authority to deal
with the insurer in the compromise and settlement of claims and to execute and deliver releases to
the insurer upon the payment of claims. The insurance trustee's duty upon receipt of any insurance
proceeds shall be to hold the same in trust for the benefit of the unit owners and their mortgagees.
e. Distribution of Insurance Proceeds. Proceeds of insurance policies shall be
distributed by the insurance trustee to or for the benefit of the beneficial unit owners in the
following manner:
(i) Expenses of the insurance trustee. All expenses of the insurance trustee
shall be paid first.
(ii) Reconstruction or repair. If the damage for which the proceeds are
paid is to be repaired or reconstructed, the proceeds remaining after deduction of the insurance
trustee's expenses shall be paid to defray the cost of such repair or reconstruction. Any proceeds
remaining after defraying such costs shall be distributed to the unit owners, in accordance with each
unit owner's percentage undivided interest in the common areas and facilities, as set forth in Exhibit
"C". In the event a mortgagee endorsement has been issued for a condominium unit, any proceeds
remitted under this section shall be payable jointly to the unit owner and the mortgagee.
(iii) Failure to reconstructor repair. If it is determined as provided below
that the damage for which the proceeds are paid will not be reconstructed or repaired, the'remaining
proceeds shall be distributed to the unit owners in accordance with each unit owner's percentage
undivided interest in the common areas and facilities, as set forth in Exhibit "C".
f. Damage and destruction.
(i) Determination to reconstruct or repair. Damage to or destruction of
the buildings and improvements, except that which is solely the responsibility of the unit owner,
shall be promptly required or restored by. the Board of Directors or manager, using the proceeds of
insurance on the building for that purpose, and unit owners shall be liable for assessment for any
deficiency in accordance with their percentage undivided interest in the common areas and
facilities; provided, however, if the buildings shall be more than two-thirds destroyed and the
owners of three -fourth of the units resolve not to proceed with repair or reconstruction, then in that
event, the property shall be deemed to be owned as tenants in common by the unit owners and shall
be governed by the provisions of Chapter 47C of the North Carolina General Statutes and any
11

IIIIIIIIIIIIIIIIIIIIIIIIII III IIIIIII B2432 P1322 �so9-53°Oe,
Brunswick County, NC Register of Deeds page 12 of 40
amendments thereto. No mortgagee shall have any right to participate in the decision to reconstruct
or repair the damaged property.
(ii) Plans and specifications. Any reconstruction or repair must be
substantially in accordance with the plans and specifications of the original building and
improvements unless other plans and specifications are unanimously approved by the unit owners.
g. Flood Insurance. If any part of the project is in a special flood hazard area, as
defined by the Federal Emergency Management Agency, the Unitowners Association must
maintain flood insurance on all units at the unit owners expense. The amount of insurance should
be at least equal to the lesser of:
(i) 100% of the current replacement cost of the Unit; or
(ii) the maximum coverage available for the property under the National
Flood Insurance Program.
h. Liability Insurance. The Association must maintain a comprehensive general
liability insurance policy covering all common areas, public ways and any other areas that are under
its supervision. The policy should provide coverage of at least $1,000,000 for bodily injury and
property damage for any single occurrence. The liability insurance should provide coverage for:
(i) bodily injury and property damage that results from the operation,
maintenance or use of the projects common areas; and
(ii) any legal liability that results from law suits related to employment
contracts in which the owners' Association is a party.
i. Without Prejudice. Such insurance shall be obtained without prejudice to the
right of each member to insure his personal property for his own benefit at his own expense. h1 no
event shall the insurance coverage obtained by the Association be brought into contribution with
insurance purchased by members or their mortgagees.
15. COMPLIANCE WITH DECLARATION BYLAWS AND REGULATIONS.
a. Bindine Nature of Declaration, Bylaws and Regulations. The restrictions and
obligations imposed by this Declaration and the Articles and Bylaws of the Association are
intended to and shall constitute covenants running with the land and shall constitute an equitable
servitude upon each unit and its appurtenant undivided interest in the common areas and facilities.
Each unit owner, his tenants, invitees, guests, employees, agents, grantees, successors and assigns,
shall comply strictly with the covenants set forth in this Declaration, the Articles and Bylaws of the
Association, and any Rules and Regulations adopted by the Association as the same may be
lawfully amended from time to time, the acceptance of a deed of conveyance, the entering into a
lease, or occupancy of a unit shall constitute an agreement that the provisions of this Declaration,
12

IIIII IIIII1I I II III IIII IIIIIIII III B2432 P1323 i¢ Soy 53.@ .
Brunswick County, NC Register of Deeds page 13 of 40
the Articles and Bylaws, and any Rules and Regulations are accepted and ratified by the grantee
tenant, or occupant whether or not these provisions are referred to in the deed of lease.
b. Remedies for Violation. Failure to comply with the covenants and restrictions
set forth in this Declaration, the Articles, Bylaws and the Rules and Regulations shall be grounds
for an action to recover sums due, for damages or injunctive relief, or both, maintainable by the
Board of Directors or manager on behalf of the Association or by an aggrieved unit owner. The
Board of Directors shall also have authority to enforce such covenants and restrictions by levying
fines for infractions in an amount not to exceed one hundred fifty dollars ($150.00) per day, and by
such other means as are provided in this Declaration, Bylaws, and Rules and Regulations or by law.
c. Liability for Expenses. Each unit owner shall be liable for the expense of any
maintenance, repair, or replacement rendered necessary by his art, neglect, or carelessness, or by
that of any member of his family, or his or their guests, employees, agents, or lessees, but only to
the extent that such expense is not met by the proceeds of insurance carried by the Association.
Such liability shall include liability for any increase in fire insurance rates occasioned by the use,
misuse, occupancy, or abandonment of a unit or its appurtenances. Nothing herein contained,
however, shall be construed so as to modify any waiver by insurance companies of rights of
subrogation.
d. Waiver. The failure of the Association, any unit owner, or other person to
enforce any right, provision, covenant, or condition which may be granted by this Declaration or the
other above -mentioned documents shall not constitute a waiver of the right of the Association or of
the unit owner to enforce such right, provision, covenants, or condition in the future.
e. Remedies Cumulative. All rights, remedies and privileges granted to the
Association or the owner or owners of a unit pursuant to any terms, provisions, covenants, or
conditions of this Declaration or the other above -mentioned documents, shall be deeded to be
cumulative, and the exercise of any one or more shall not be deemed to constitute an election of
remedies, nor shall it preclude the party thus exercising the same from exercising such other and
additional rights, remedies, or privileges as may be available to such party at law or in equity.
16. PARTY WALLS.
a. The walls and flooring connecting adjacent units are "party walls" and are
situated on or about the boundary line separating such units.
b. All finish flooring and any other materials constituting any part of the walls,
floors, or ceilings are a part of the common elements, pursuant to G.S. 47C-2-102(1).
To the extent any duct, wire, conduit, or any other fixture lies partially within and
partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a
limited common element allocated exclusively to that unit, and any portion thereof serving more
than one unit or any portion of the common elements is a part of the common elements, pursuant to
13

IIII1111111111111Jill 111111111111III 82432 P1324 4 49.53
Brunswick County, NC Register of Deeds page 14 of 40
G.S. 47C-2-102(2).
Any decks, porches, balconies, patios and all other exterior doors and windows or
other fixtures designated to serve a single unit but located outside the unit's boundaries are limited
common elements allocated exclusively to that unit, pursuant to G.S. 47C-2-102(4).
c. Each wall which is built as part of the original constriction of a unit and placed
on the dividing line between the units shall constitute a party wall, and, to the extent not
inconsistent with the provisions of this Article, the general rules of law regarding party walls and
liability for property damage due to negligence or willful acts or omissions shall apply thereto.
d. The cost of reasonable repair and maintenance of a party wall shall be shared by
the owners who make use of the wall in proportion to such use.
e_ Notwithstanding any other provisions of this Article, an owner who by his
negligent or willful act causes a party wall to be exposed to the elements shall bear the whole cost
of furnishing the necessary protection against such elements.
f. The right of any owner to contribution from any other owner under this Article
shall be appurtenant to the land and shall pass to such owner's successors in title.
g. If any owner desires to sell his unit, such owner may, in order to assure a
prospective purchaser that no adjoining unit owner has a right of contribution as provided in this
Section, request of the adjoining unit owner a certification that no right of contribution exists,
whereupon it shall be the duty of the adjoining unit owner to make such certification immediately
upon request and without charges; provided, however, that where the adjoining unit owner claims a
right of contribution the certification shall contain a recital of the amount claimed.
h. In the event of any dispute arising concerning a party wall, or under the
provisions of this Section, such dispute shall be settled by arbitration as provided by the laws of
North Carolina as then existing.
17. PROCESS AGENT. HAGOOD HOMES OF WILMINGTON, INC., DAMES
KENNY, 1908 EASTWOOD ROAD, SUITE 328, WILMINGTON, NC 28403 is hereby
designated to receive service of process in any action which may be brought under the Act. The
Board of Directors may change the process agent by filing a Declaration of Change of Registered
Agent in the office of Register of Deeds of Brunswick County, North Carolina.
18. MORTGAGE OF UNITS. Any unit owner may give a deed of trust or mortgage on
his unit without prior notice to or authorization by the Declarant or the Board of Directors of the
Association. Any rights the Association may have to place a lien upon the property of the unit
owner shall be subordinate to and inferior to any deed of trust or mortgage that said unit owner has
placed on his property.
14

Illill lllllll lllll illl lllll lllllll lli az432 P1325 I¢ so9 53 0001.
BrunswIek County, NC Register of Deeds page 15 of 40
19. TERMINATION. The condominium may be terminated and removed from the
provisions of the Unit Ownership Act only by written agreement of all the owners of units
expressed in an instrument to that effect and duly recorded, provided that the holders of all liens
affecting any of the units must consent thereto or agree, in either case by instruments duly recorded,
that their liens be transferred to the percentage of the undivided interest in the property which the
unit owner owns after termination. The termination shall become effective when the above
instruments have been duly recorded in the public records. After termination of the condominium,
the unit owners shall own the property as tenants in common in undivided shares and the holders of
mortgages and liens against the units formerly owned by such unit owners shall have mortgages and
liens against the respective undivided shares of the unit owners. The undivided share or interest in
the property owned as tenants in common which shall appertain to each unit owner shall be the
percentage of the undivided interest previously owned by such unit owner in the, common areas and
facilities.
20. ASSOCIATION. The Association shalt be formed in accordance with Articles and
Bylaws attached hereto as Exhibits "D" and "E". The Association shall have all the powers and
duties set forth in the Act as well as all of the powers and duties granted to or imposed upon it by
this Declaration, the Bylaws attached hereto as Exhibit "E", and the Articles attached hereto as
Exhibit "D" as the same may be amended from time to time. Each unit owner, by the acceptance
and recording of the deed to such unit owner's unit, appoints irrevocably the Board of Directors of
the Association as herein provided, to act on the unit owner's behalf, including the right to execute
in such unit owner's name any and all instruments or documents necessary or reasonably required in
regard thereto. The operation of the Association shall be governed by the Bylaws and Articles. No
modification or amendment of the Bylaws or Articles shall be valid unless set forth in or annexed to
an amendment to this Declaration, certified by the President and Secretary of the Association and
recorded in the office of the Register of Deeds of Brunswick County.
21. AMENDMEN`'T OF DECLARATION. This Declaration may be amended at any
regular or special meeting of the Association, called and convened in accordance with the Bylaws,
by the affirmative vote of or written agreement signed by unit owners of units to which at least
100% of the votes in the Association are allocated. Any holder of a first mortgage on a unit who
receives a written request from the Association to approve any proposed modification and does not
deliver or post to the Association a negative response within thirty (30) days following receipt of
such request shall be deemed to have approved same. Notwithstanding the aforesaid, no
amendment shall change, affect or alter the allocated interest in the common areas appurtenant to a
unit, a unit owner's proportionate share of the common expenses or common profits, or the voting
rights appurtenant to any unit create or increase special Declarant rights, increase the number of
units, change the boundaries of any unit, or the uses to which a unit is restricted, in the absence of
unanimous consent of the unit owners, and all holders of first mortgages on units. Further, no
amendment shall be effective until certified by the President and Secretary of the Association and
recorded in the office of the Register of Deeds of Brunswick County.
22. SEVERABILITY. The invalidity of any provision of this Declaration shall not
impair or affect the validity and enforceability of the remainder of this Declaration and, in such
15

IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIItII B2432 Pi32s1n6 53¢OV
Brunswick County. NC Register of Deeds page 16 of 40
event, all of the other provisions of this Declaration shall continue in full force and effect as if such
invalid provision had never been included.
23. LAW CONTROLLLNG. This Declaration, the Bylaws and any Rules and
Regulations adopted thereunder shall be construed under and controlled by the laws of the State of
North Carolina.
24. WARRANTIES. The Declarant disclaims any warranty or representation in
connection with the condominium project, except as specifically set forth herein, and no person
shall rely upon any warranty or representation not specifically made herein. Any estimates of
common expenses, taxes, or other charges are deemed accurate, but no warranty or guaranty is
made or intended, no may one be relied upon.
25. RIGHTS OF OWNER. The rights of any owner, as provided herein, shall not
include mortgagees of any property within the project unless said mortgagee obtains title to the
property by means of foreclosure or other legal methods.
26. DISPUTE ARBITRATION.
a. Any unit owners having disputes regarding matters touching and
concerning NAVIGATION POINT AT SOUTH HARBOUR VILLAGE
CONDOMINIUMS hereby agree that disputes will be settled by arbitration if such disputes
are not resolved by mutual agreement among the unit owners within sixty (60) days of the
disputing unit owner giving written notice of the dispute to the unit owner with whom the
dispute exists.
b. One Arbitrator mutually acceptable to the disputing unit owners shall be
chosen by said owners.
c. The Arbitrator shall be governed by the United States Arbitration Act, 9
U.S.C. 1-16, and judgement upon the award rendered by the Arbitrator may be entered by
any court having jurisdiction thereof.
d. The Arbitrator is not empowered to award damages (including punitive
damages) in excess of actual damages.
IN TESTIMONY WHEREOF, the Declarant has caused this Declaration to be signed in his
name and duly attested and sealed, this the /3 day of ��V , 2006.
16

IIIIIilfllllll IIIIIIIIIIIIIII�IIIIII B?432 P1321 �so�-53?Cel
Brunswick County, NC Register of Deeds page 17 of 40
STATE OF NORTH CAROLINA
COU\TY OF NEW HANOVER
I, 14/1f&AIA S, ��/�z , allotary Public in and for the State and County
aforesaid, certify that JAMES KENNY personally came before me this day and acknowledged
that he is the President of HAGOOD HOMES OF WILMINGTON, INC., a North Carolina
corporation, and that by authority duly given and as the act of the corporation, the foregoing
instrument was signed in its name by its President.
Witness my hand and official stamp or seal, this 3 day of v� , 2006.
'_Notary Public
My Commission Expires: %6 g (Notarial Seal)
laOFFICIAL SEAL
••••'•Nntery PuhlL-- Nwlh C.,06_
NEW HANOVER COUNTY
AMANDA S. HOLTZ
w.2=missian 50 es 8 24d9�
17

IIIII IIIIIIII IIIII lill IIIII If Illti III B2432 P1328 i s s-53.001
arunsw3ek County, NC Register of Deeds page la of 40
EXHIBIT "A"
All of that certain parcel of land known as Navigation Point at South Harbour Village as
shown on the map recorded in Map Book t 1 at Page $-I-V� of the Brunswick County
Registry, reference to which is hereby made for a more particular description, comprising
approximately 6.76 acres, more or less.

Iill IIIilllllll sn III IIII 111111111111111 82432 P13291 53ez.
f 10
Brunswick County, NC Register oDeeds page 19 of 40
EXHIBIT "B"
FOR THE PLANS AND SPECIFICATIONS OF THE BUILDING AND UNITS, SEE UNIT
OWNERSHIP PLAT BOOK `1L, PAGES 8I_ THROUGH K , NEW
BRUNSWICK REGISTRY, WHICH RECORDED PLANS AND SPECIFICATIONS ARE
INCORPORATED HEREIN BY REFERENCE.

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RENEW OFFICER CERTIFICATE
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With This recordation Prunswiek County accepts the dedication
DD ft% for public water
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County Engineer
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CONDOMINIUM PLAT
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193'
19.3
19.3
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16.3'
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UNIT A '_�
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- UNIT B
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GROUND FLOOR
FOR UNITS 'A' Is.
5000,5002 0' QUINN BLVD
TOTAL AREA OF TOTAL AREA
'A' UNIT OF 'B' UNIT
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GROUND FLOOR ELEVATION=14.18
R ELEVON=23.76'
FIRST FLOOR .93'
FIRST FLOOR
SECOND FLOOR ELEVATION=33.34'
R ELEG TI N- 3.34'
FIRST FLOOR CEILING ELEVATION=3ZRS
SECONO FLOOR COOING ELEVATION=42.74'
SECOND FLOOR ELEVATION-34.34'
D9RD FLOOR FIFVATION=53.00'
SECOND FLOOR CEILNVG ELEVATION=43.74'
THIRD FLOOR CEILING ELEVA710N=61.13'
THIRD FLOOR ELEVATION=54.00'
THIRD FLOOR CEILING ELEVATIm--G2.13'
N R 1" OWNER, DEVELOPER, AND APPVOW..'-
oNAVIGATION POINT
HPJM NMES OF VM)M M WC Oaf 6 AND TOWASVP BRUNSTWCK COUNTY NORTH CARO(Fd
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M 1 9 BLVD UNITS A& B
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THIRD FLOOR
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