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HomeMy WebLinkAboutSW8070544_Current Permit_20171004Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY October 4, 2017 WCP II, LLC Naturewatch, LLC, Member Buffalo Creek Investments, Inc. Attn: Chad Whitley, President 5415 Gilboa Road Marshville, NC 28103 Subject: Name Change / Ownership Change State Stormwater Management Permit No. SW8 070544 Waterway Cove Brunswick County Dear Mr. Whitley: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director 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 any updated pages or addendums to this permit will now reference DEMLR as the Division responsible for issuance of the permit On October 2, 2017, the Wilmington Regional Office received a complete request to transfer the ownership of the state stormwater management permit for the subject project. Staff of DEMLR have inspected the project, conducted file reviews, and found that the project is not in compliance with the terms and conditions of the stormwater permit. The letter dated July 28, 2017 from Scott Cook (on behalf of Chad Whitley for WCP fl, LLC) indicated that the proposed permittee is accepting responsibility for resolving the remaining compliance items. As indicated in the previous inspection reports and as reflected in the attached updated inspection report, the following deficiencies still need to be addressed: The revised semi-annual report dated July 28, 2017 corrected the allocation for the 3 lots that were documented to have exceeded their allocated built. upon area. However, additional allocations appear to have been made such that the total proposed allowable BUA allocated to the lots within Basin 1, 389,031 square feet, now exceeds the permitted onsite lot allocation of 370,587 square feet. In addition to ensuring that the individual lots have not exceeded their built - upon area, Permit Conditions 11.2 and I1.6 also requires that the permittee to verify that the proposed built -upon area within the permitted drainage areas does not exceed the maximum allowed by the permit. Please either reconsider the lot allocations in the next semi-annual report to ensure the permitted amount is not exceeded or modify the permit to allow additional BUA. 2. Correspondence received on July 28, 2017 indicated that the BUA allocation for the lots sold and deeded to date would be recorded with Brunswick County and that all future individual lot deed restrictions will include the BUA allocation for that lot as required by Permit Condition II.7. At this time, the recorded documents have not been provided to DEMLR. Per Permit Condition 1I.21, please remember to provide a copy of the recorded documents allocating specific built - upon area amounts to these lots demonstrating that the requirements of Permit Condition II.7 has been met. State of North Carolina I Environmental Quality I Energy, M1Tineral and Land Resources W i nington Regional Office i 127 Cardinal Drive Extension I Wilmington, NC 28405 410 796 721S State; Sturniwater Permit No. SW8 070544 Page 2 of 2 As indicated on the Name/Ownership Change firm, you have acknowledged receipt of a copy of the ' approved plans. By signing the Namek)wnership Transfer form and as indicated in the letter dated July 28, 2017, you have accepted the responsibility for complying with the teens and conditions outlined in the permit. The Division is hereby notily-ing you that the subject permit has been transferred on October 4, 2017 and to remind you that this permit shall be effective until July 3, 2021. For your records, please find enclosed a copy of the transferred and updated permit, a copy of the inspection report, and a copy of the Name/Ownership Change form submitted on January 9, 2017. Please be aware that the project's built -upon area and stormwater controls must be built and maintained in compliance with the permit documents and the approved plans. Maintenance of the approved system shall be performed in accordance with the signed Operation and Maintenance agreement. Any modifications to this project must be submitted to DEMLR and approved prior to construction. The issuance of this approval does not preclude you from complying with all other applicable statutes, rules, regulations or ordinances, which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. If you have any questions concerning the requirements of the permit or need additional copies of the permit or approved plans, please do not hesitate to call Christine Hall with DEMLR in the Wilmington Regional Office at (910) 796-7215. Sincerely, .� Tracy Davis, P.E., Director Division of Energy, Mineral and Land Resources Enc: Compliance Inspection Report GDS/ canh: \\\Stormwater\Permits & Projects\2007\070544 HD\2017 10 permit CEI deficient 070544 cc: Waterway Cove Partners, LLC; Attn: David Cuthbertson, Manager; 2627 Brekonridge Centre Dr.; Monroe, NC 28110 Georgette Scott, Wilmington Regional Office Stormwater Supervisor Wilmington Regional Office Stormwater File State of North Carolina I Environmental Quality 1 Energy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 23405 910 796 7215 State Stormwater Management Systems Permit No. SW8 070544 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 WCP Il, LLC Waterway Cove 1611 Waterway Drive SW, Ocean Isle Beach, Brunswick County FOR THE construction, operation and maintenance of two (2) infiltration basins 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 Energy, Mineral and Land Resources (hereafter referred to as the Division or DEMLR) and considered a part of this permit. This permit shall be effective from the date of issuance until July 3, 2021 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. The subdivision is permitted for 157 lots, each limited to a maximum amount of built - upon area as required by Sections 11.2, 6, 7, and 17 of this permit 3. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.7 of this permit. The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control measures. The subdivision is permitted for two (2) drainage areas with a maximum BUA per drainage area as follows: Drainage Area #1 infrttration Basin #7 ; Drainage Area #2 Infiltration Fusin #2 Drainage Area, ,Acres: 31.37 29,83 tt2: j 1,366,567 1,299,378 ToWl BUA Allowable, ft2 671,456 624,513 On -site BUA, W: ; 634,964 337,903 Off -site BUA; fta: i 36,492 286,610 Note: Built upon area includes, but is not limited to, roofed structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, uncovered, open, slat decking, or the water surface of swimming pools. Page 1 of 9 State Stormwater Management Systems Permit No. SW8 070544 4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 5. Each basin must be operated with a 50' vegetated filter. 6. All stormwater collection and treatment systems must be located in either public rights - of -way, 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. 7. The following design elements have been approved for the proposed infiltration basin stormwater facilities, and must be provided in the system at all times. Infiltration Basin #� #2 a Drainage Area, acres: 31.37 29.83 Onsite, W, , 1,275,527 737,454 Offsite, W. 91,040 561,924 b. Total Impervious Surfaces, W: 671,456 624,513 Buildings/Lots, ft2: 370,587 207,422 Streets/Parking, ft2: 180,904 85,057 i Sidewalks, ft2,-- 56,446 37,424 Amenity Center, ft2: 18,861 0 Other, W. 5,166 5,000 Future, ft2; 3,000 3,000 _ Offsite, W: 36,492 286,610 c. Design Storm, inches: 1.5 1.5 d. Basin Depth, feet- 2 3 e. Bottom Elevation, :FMSL:. 30 10 - - 2,225 f. Bottum Surface Area, W: 5,046 g. Bypass Wetr Elevation, FMSL 31 13 h. Permitted Storage Volume* Storage Pond(s), fR 85,893 84,726 Infiltration Basin W. 5,680 2,642 i. Type of Soil: Wando Wando Expected Infiltration Rate in/hr: 10 9.3 k. Seasonal H h Water Table, FMSL_ 27.9 6.43 I. Time to Draw Down hours: 46 44 m. Receivi Stream/River Basin: Intracoastal Waterway / Lumber C n.. Stream Index Number. 15-25 o Csfiration of Water SA;HQW p. Pump system. - GPM. 230 GPM 193 GPM 0 Force Main, in: 4 4 Pub Model: Godwin Dri-Prime Model Godwin Dri-Prime Model GSL80HV, 3600 RPM GSL80HV, 3600 RPM Pump ratiPaint- 230 GPM, 52' TDH 193 GPM, 16' TDH The storage volume for these infiltration basins is contained in existing ponds where the stormwater runoff is directed, The treatment volume is then pumped to the infiltration basins for treatment. II. SCHEDULE OF COMPLIANCE No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. Page 2 of 9 State Stormwater Management Systems Permit No. SW8 070544 2. The permittee is responsible for verifying that the proposed built -upon area within the permitted drainage areas for this project does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built -upon area may not be revised without approval from the permittee through the Architectural Review Committee (hereafter referred to as the ARC) and DEMLR. 3. The permittee must set up a Homeowner's Association such that the permit can be administered through the HOA via the ARC when the permit is eventually transferred to the HOA. 4. The permittee, through the ARC shall have the responsibility to review and approve, or disapprove, development plans, and track all new lot construction and additions to existing lot construction, for the purpose of maintaining compliance with the permitted BUA limits within each drainage area. The plans reviewed must show all proposed built -upon area. The permittee, through the ARC shall keep copies of all approved lot construction plans for the purposes of recordkeeping and auditing and shall make those records available to Division personnel on request. Any approvals given by the permittee through the ARC do not relieve the homeowner of the responsibility to submit all lot construction plans to the ARC for approval, to construct only what has been approved and to maintain compliance with the permitted BUA limit. 5 The permittee shall cause a copy of the recorded document so named "Declaration of Protective Covenants, Restrictions, Easements, Charges and Liens for Waterway Cove", (hereafter referred to in this permit as the "DPC"), prepared by Steve Reinhard, Attorney at Law, to be provided to all lot owners in Waterway Cove. 6. The permittee is responsible for verifying that the proposed built -upon area for the entire project and within each lot, including driveways and sidewalks, does not exceed the maximum allowable built -upon area. Once the lot transfer is complete, the built - upon area may not be revised without approval from the Division. Both the permittee and the individual property owner are responsible for maintaining compliance with the built -upon area limit and both are subject to enforcement action and fines if the BUA is exceeded. 7. Individual lot built -upon areas will be recorded with the Brunswick County Register of Deeds office per the requirements of the DPC. The following statements shall be recorded with each deed: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 070544, 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, Division of Energy Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. Page 3of9 State Stormwater Management Systems Permit No. SW8 070544 f. The maximum built -upon area per lot is [insert BUA limit] 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. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. 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 and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. i. Built -upon area in excess of the permitted amount will require a permit modification. 8. 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. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: 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, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The Director may determine that other revisions to the project should require a modification to the permit. 11. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of the built -upon surfaces for the second phase of the development, the high density development. The first phase of the development consists of the construction of a low density area containing a maximum of 4,758 square feet of impervious area. The purpose of this low density area is for the construction of a temoorary sales trailer as well as the associated temporary parking, sidewalks, and access road. 12. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. Infiltration systems should not be used as erosion control devices, due to the potential clogging. 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 4 of 9 State Stormwater Management Systems Permit No. SW8 070544 13. 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. 14. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. 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. 15. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 16. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 17. The permittee shall cause the following data to be tracked and recorded, and must submit a semiannual report to NCDEQ, 127 Cardinal Drive Extension, Wilmington NC 28405. The report is due on the 15t" day of the months of June and December, for the life of the permit. The main point of contact in DEQ to submit the report to will be Ms. Georgette Scott. Each report must contain columns in a spreadsheet format documenting the following information: a. Record the drainage area number as described in the plans and specifications of this permit. b. Note the street address, the specific lot number, and the section/phase of the subdivision as shown on the approved plans as related to the drainage area in item a. C. Document the allowable built -upon -area (BUA) for each specific lot being described. 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. d. Record the actual impervious surface constructed for each lot. e. Demonstrate the difference (+/-) of the allowable built -upon -area versus the actual impervious area constructed for each developed lot. f. Note the lot owner's name. Make any necessary revisions to this item if the property changes ownership for any reason. g. After development of individual lots is complete, document that all stormwater runoff on the lot drains into the permitted system. h. At the end of the section of each drainage area illustrate: 1) the total allowable built -upon -area (BUA) for the drainage area, 2) the road BUA within the drainage area, 3) the sidewalk BUA within the drainage area, 4) the total miscellaneous BUA within the drainage area, and 51 the total lot BUA constructed to date within the drainage area. Page 5 of 9 State Stormwater Management Systems Permit No. SW8 070544 The stormwater permit number SW8 070544 MOD will appear in the front cover of the report. The current president or vice president of the homeowners association will sign and have notarized a statement that all data contained within the report as submitted to the Division is true and accurate. 18. Prior to transfer of the permit, the stormwater facilities will be inspected by Division personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 19. The facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 20. 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. 21. A copy of the recorded deed restrictions must be submitted to the Division along with the semi-annual report. 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. 22. The permittee shall audit the built -upon areas within the project every 6 months to coincide with the semi-annual report submission. III. GENERAL CONDITIONS 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 Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Division of Energy, Mineral and Land Resources at least 60 days prior to any one or more of the following events: a. An ownership change including the sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; C. Bankruptcy; d. Foreclosure, subject to the requirements of Session Law 2013-121, e. Dissolution of the partnership or corporate entity, subject to NCGS 57D-2-01(e) and NCGS 57D-6-07; f. A name change of the current permittee; g. A name change of the project; h. A mailing address change of the permittee; 2. The permittee is responsible for compliance with all permit conditions until such time as 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 stormwater permit. 3. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NCGS 143, Article 21. 4. 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. Page 6 of 9 State Stormwater Management Systems Permit No. SW8 070544 5. In the event that the facilities fail to perform satisfactorily the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. Additional or replacement stormwater management systems shall receive a permit from the Division prior to construction. 6. The permit issued shall continue in force and effect until modified, revoked, terminated or renewed. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. 7. The permittee grants permission to Division personnel to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 9. 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 Session Law 2008-211, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et. al. 10. The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit. The renewal application shall include the appropriate application fee and documentation. Permit transferred, updated, and re -issued this the 4t" day of October 2017. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 7 of 9 State Stormwater Management Systems Permit No. SW8 070544 Waterway Cove Page 1 of 2 Stormwater Permit No. SW8 070544 Brunswick County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (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 are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 8of9 State Stormwater Management Systems Permit No. SW8 070544 Certification Requirements: Page 2 of 2 1. 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. 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. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. 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. cc: NCDEQ-DEMLR Regional Office Brunswick County Building Inspections Page 9 of 9 Permit Number: S q tj (to be provided byDWQ) Drainage Area Number: Infiltration Basin Operation afhd 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. Important maintenance procedures: — The drainage area will be carefully managed to reduce the sediment load to the infiltration basin. — Immediately after the infiltration basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). — No portion of the infiltration basin will be fertilized after the initial fertilization that is required to establish the vegetation. — The vegetation in and around the basin will be maintained at a height of approximately six inches. After the infiltration basin is established, it will be inspected once a quarter 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 will be kept in a known set location and will 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 infiltration basin Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. The inlet device: pipe or swale The pipe is clogged (if applicable). Unclog the pipe. Dispose of the sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Swale (if applicable). Regrade the Swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Form SW401-Infiltration Basin O&M-Rev.3 Page 1 of 3 R-r'4. rT7' fVf "YT BMP element: Potentialproblem: How I will remediate theproblem: The forebay Sediment has accumulated Search for the source of the and reduced the depth to 75% sediment and remedy the problem if of the original design depth. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred or Provide additional erosion riprap is displaced. protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. 1 Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than spraying. The main treatment area A visible layer of sediment Search for the source of the has accumulated. sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Replace any media that was removed in the process. Revegetate disturbed areas immediately. Water is standing more than Replace the top few inches of filter 5 days after a storm event. media and see if this corrects the standing water problem. If so, revegetate immediately. If not, consult an appropriate professional for a more extensive repair. Weeds and noxious plants are growing in the main Remove the plants by hand or by wiping them with pesticide (do not treatment area. spray). The embankment Shrubs or trees have started Remove shrubs or trees to grow on the embankment. immediately. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. 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 I Erosion or other signs of I damage have occurred at the outlet• i Contact the NC Division of Water Quality 401 Oversight Unit at 919- 733-1786. Form SW401-Infiltration Basin O&M-Rev.3 Page 2 of 3 Permit Number: r �i ­1,rj Lzga :r o (to bye provided by DWQ) I acknowledge and agree by my signature below that I am responsible for t1 ``" I performance of the maintenance procedures listed above. I agree to nq4,DWQ of any problems with the system or prior to any changes to the system or respofi rt Ie-p Project name:Waterway Cove BMP drainage area number:Infiltration Basin #1 Print name:Mr. Stephen H. Clark Title:Manager 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. She,,• �• 2e.► h Hor�1 `'� a Notary Public for the State of . N ()MCr ra1''r'County of bJ c,,. f (4_ , do hereby certify that Sn�ey, �' �-lu,r ��- personally appeared before me this. day of 4M7, AVSu St and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, STEVEti i. i#E ;NHARD NOTARY PUBLIC WAKE COUNTY STATE OF NORTH CAROLINA MY COMMISSION EXPIRES 5 22 2012 SEAT, My commission expires S - Z Z - 2.0I 2 -. )'-t- "o � Lu Form SW401-Infiltration Basin O&M-Rev.3 Page 3 of 3 Q �� ��� ,f U L o 0 2009 Permit Number: �• (to be provided by DWQ) Drainage Area Number: Infiltration 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. Important maintenance procedures: — The drainage area will be. carefully managed to reduce the sediment load to the infiltration basin. Immediately after the infiltration basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). No portion of the infiltration basin will be fertilized after the initial fertilization that is required to establish the vegetation. The vegetation in and around the basin will be maintained at a height of approximately six inches. After the infiltration basin is established, it will be inspected once a quarter 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 will be kept in a known set location and will 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 infiltration basin Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. The inlet device: pipe or The pipe is clogged (if Unclog the pipe. Dispose of the Swale applicable). sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to swale (if applicable). smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Form SW40 1 -Infiltration Basin O&M-Rev.3 Page 1 of 3 r RAC Ill). 0 BMP element: Potentialproblem: How I will remediate the problem: The'lorebay Sediment has accumulated Search for the source of the and reduced the depth to 75 % sediment and remedy the problem if of the original design depth. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred or Provide additional erosion riprap is displaced. 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 pesticides are used, wipe them on the plants rather than spraying - The main treatment area A visible layer of sediment Search for the source of the has accumulated. sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BUT. Replace any media that was removed in the process. Revegetate disturbed areas immediately. Water is standing more than Replace the top few inches of filter 5 days after a storm event. media and see if this corrects the standing water problem. If so, revegetate immediately. If not, consult an appropriate professional for a more extensive repair. Weeds and noxious plants are Remove the plants by hand or by growing in the main wiping them with pesticide (do not treatment area. spray). The embankment Shrubs or trees have started Remove shrubs or trees to grow on the embankment. immediately. An annual inspection -by an Make all needed repairs. appropriate professional shows that the embankment needs repair. 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 NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733 -178&. Form SW401-Infiltration Basin O&M-Rev.3 Page 2 of 3 771"'7I Permit Number: ..JL4q f � (to be provided b DW Y Q) 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: Waterway Cove BMP drainage area number:Infiltration Basin #2 Print name:Mr. Stephen H. Clark Title:Manager Address:1009 Slater Road - Suite 400 Durham NC 27703 Date: 691} V W 4-- / 0 1 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, S Wev% -T,- • 1�e�r�lnn•✓•! a Notary Public for the State of rJo e'h- CX-'r61 i r-- , County of W c ksx , do hereby certify that SJs-=eh%. N - C-ErV-- personally appeared before me this a� h day of To SA. , DX5zf1 and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, STEVEN I. REINHARD NOTARY PUBLIC WAKE COUNTY STATE OF NORTH CAROLING MY COMMISSION EXPIRES 5- -2012 NOWWWWW SEAL My commission expires Y- 'Z-'2 - 2JD lZ Form SW401-Infiltration Basin O&M Rev.3 Page 3 of 3 RAC F;`�r JUL 3 ��� Permit Number: i � (to be provided by DWQ) Drainage Area Number: Filter Strip, Restored Riparian Buffer and Level Spreader 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. Important maintenance procedures: - Immediately after the filter strip is established, any newly planted vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). - Once a year, the filter strip will be reseeded to maintain a dense growth of vegetation - Stable groundcover will be maintained in the drainage area to reduce the sediment load to the vegetation. - Two to three times a year, grass filter strips will be mowed and the clippings harvested to promote the growth of thick vegetation with optimum pollutant removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and may be allowed to grow as tall as 12 inches depending on aesthetic requirements (NIPC,1993). Forested filter strips do not require this type of maintenance. --- Once a year, the soil will be aerated if necessary. - Once a year, soil pH will be tested and lime will be added if necessary. After the filter strip is established, it will be inspected quarterly and within 24 hours after every storm event greater than 1.0 inch (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will 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 filter strip Trash/debris is present. Remove the trash/debris. system The flow splitter device The flow sputter device is Unclog the conveyance and dispose (if applicable) clogged. of any sediment off -site. The flow sputter device is Make any necessary repairs or damaged. replace if damage is too large for repair. Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 1 of 3 c:-F i 0- BMP element: Potentialproblem: How I will remediate theproblem: The swale and the level lip # The swale is clogged with sediment. Remove the sediment and dispose of it off -site. The level lip is cracked, Repair or replace lip. settled, undercut, eroded or otherwise damaged. There is erosion around the Regrade the soil to create a berm end of the level spreader that that is higher than the level lip, and shows stormwater has then plant a ground cover and bypassed it. water until it is established. Provide lime and a one-time fertilizer application. Trees or shrubs have begun Remove them. to grow on the swale or just downslo a of the level lip. The bypass channel Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then reestablish proper erosion control. Turf reinforcement is Study the site to see if a larger damaged or ripap is rolling bypass channel is needed (enlarge if downhill. necessary). After this, reestablish the erosion control material. The filter strip Grass is too short or too long Maintain grass at a height of if applicable). approximately three to six inches. Areas of bare soil and/or Regrade the soil if necessary to 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. Sediment is building up on Remove the sediment and the filter strip. restabilize the soil with vegetation if necessary. Provide lime and a one- time fertilizer application. Plants are desiccated. Provide additional irrigation and fertilizer as needed. 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. Nuisance vegetation is Remove vegetation by hand if choking out desirable species. possible. If pesticide is used, do not allow it to get into the receiving water. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality local Regional Office, or the outlet. 401 Oversight Unit at 919-733-1786. Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 2 of 3 Permit Number: S Z X0-7 O-S4 'l f (ta 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:Waterway Cove BAP drainage area number:Infiltration Basin #1 Level Spreader Print name:Mr. Stephen H. Clark Title:Manager Address:1009 Slater Road - Suite 400 Durham, NC 27703 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, SktyZe4- :1: . CZeAn Iic�.✓cL , a Notary Public for the State of IN 6'r C Ar-e.QA, It- , County of ^ lA75AC9— , do hereby certify that aZV`' S\w L-- . ki . CQo- lc— personally appeared before me this _ day of 3'c _ , aoo� and acknowledge the due execution of the forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements. Witness my hand and official seal, STEVEN I. REINHARD NOTARY PUBLIC WAKE COUNTY STATE OF NORTH CAROLINA MY COMMISSION EXPIRES 6.22-S SEAL My commission expires -L2'-2-0 I �L Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 3 of 3 ZED. , ��` ! Permit Number: V� �sq \4 'l II II a ®QQ fto be provided by DWQ) Drainage Area Number: Filter Strip, -tired Riparian Buffer and Level Spreader 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 BUT. Important maintenance procedures: — Immediately after the filter strip is established, any newly planted vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). — Once a year, the filter strip will be reseeded to maintain a dense growth of vegetation — Stable groundcover will be maintained in the drainage area to reduce the sediment load to the vegetation. — Two to three times a year, grass filter strips will be mowed and the clippings harvested to promote the growth of thick vegetation with optimum pollutant removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and may be allowed to grow as tall as 12 inches depending on aesthetic requirements (NVIPC,1993). Forested filter strips do not require this type of maintenance. Once a year, the soil will be aerated if necessary. — Once a year, soil pH will be tested and lime will be added if necessary. After the filter strip is established, it will be inspected quarterly and within 24 hours after every storm event greater than 1.0 inch (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will 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 filter strip Trash/ debris is present. Remove the trash/ debris. system The flow splitter device The flow sputter device is Unclog the conveyance and dispose (if applicable) Clogged. of any sediment off -site. The flow splitter device is Make any necessary repairs or damaged. replace if damage is too large for repair. Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 1 of 3 0, 2009- - F__ BMP element: Potentialproblem: How I will remediate theproblem: The swale and the level lip The swale is clogged'with sediment. Remove the sediment and dispose of it off -site. The level lip is cracked, Repair or replace lip. settled, undercut, eroded or otherwise dama ed. There is erosion around the Regrade the soil to create a berm end of the level spreader that that is higher than the level lip, and shows stormwater has then plant a ground cover and bypassed it. water until it is established. Provide lime and a one-time fertilizer application. Trees or shrubs have begun Remove them. to grow on the Swale or just downslo a of the level lip. The bypass channel Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then reestablish proper erosion control. Turf reinforcement is Study the site to see if a larger damaged or ripap is rolling bypass channel is needed (enlarge if downhill. necessary). After this, reestablish the erosion control material. The filter strip Grass is too short or too long Maintain grass at a height of if applicable). approximately three to six inches. Areas of bare soil and/or Regrade the soil if necessary to 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. Sediment is building up on Remove the sediment and the filter strip. restabilize the soil with vegetation if necessary. Provide lime and a one- time fertilizer application. Plants are desiccated. Provide additional irrigation and fertilizer as needed. 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. Nuisance vegetation is Remove vegetation by hand if choking out desirable species. possible. If pesticide is used, do not allow it to get into the receiving water. The receiving water Erosion or other• sigris of Contact the NC Division of Water damage have occurred at the Quality local Regional Office, or the outlet. 401 Oversight Unit at 919-733-1786. Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 2 of 3 Permit Number: o�z% Ll I (to U 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: Waterway Cove BMP drainage area number:Infiltration Basin #2 Level Spreader Print name:Mr. Stephen H. Clark Title:Manager Address:1009 Slater Road - Suite 400 Durham, NC 27703 Phone:919-433-29'h r, /, Signature: U ill �✓ Date: a��2--11Uti-f 0 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, 54we,. ::�! • , a Notary Public for the State of INor` wcpw � Count of u�G-1� y , do hereby certify that 54.cp1. Et. LAA personally appeared before me this alp' It day of -3-U ao05 , and acknowledge the due execution of the forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements. Witness my hand and official seal, STEVEN I. REINHARD NOTARY PUBLIC WAKE COUNTY STATE OF NORTH CAROLINA MY COMMISSION EXPIRES 5.22-2012 SEAL My commission expires 5' ZZ-r- ?s0 1 Z Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 3 of 3 .$ute of'NoA -Car*liria DRparbqent of F-Av..'iranment. and �attt ral Resoumes. Division. of W,4ter Qualtqr STATE ST-ORMWAtVR'-PERMITt4AMFJO.Wt4ER.$HfP CHANOIE FORM I PURRIENTPER 011TV INPORMATTION, 1'. 8i0rtnwAtdf-- ManalgdilieOt P-0mit- Numb#n S. W­ - 0 7 7 7 ZPfolect Name_- Tm.- q - w. 3.,G-btre.nt Per-rWit e- c6mp Hold tiIiY N.0m,510rpnizAtlion.? 4�:c 601TH.: raTji�0-04 T 66-arm 5Mailing Aft-go-s:' k- -ftw Wt 1j­C_. Q zi p;rr 6. Phorp.; F IL PROPOSEPPEM RMQ OWNER] -INFORMAT - -PROJECt.j-.A6j)jq q it-. S 'ECIEIVEE :Thjj9 r"Uest is.fdr',-.(pl6asq �heplcall that w pptV) JAN 0 9 20P 0Name chan& of -the owner � lease ppm p b6l.oW) By.- RoMs 1,.:2 ahcl..3. of­-pr6joct.(.PlL-a -.Wm.pleite, Ite :5 .N below] .& . C Ci h.. in ownprO.10 ofther property/cm. Y pan -MBAee' .-GOMPkA4 !leans, 8, , 1, and 4 beilow), ailing--addre 6 -0 dno hamper timbie .change:; (P.qoMplof MAbelaw.- ) 0. Other("plecjsppxplglh) 1. Proposed rfaMlorgjaftizatjoin- WC',., c 2.... Prdpbsad:46 ial!s-.:na m. IQ C-4-A-6 T L-Ct I'Prood§m potmitt A .4c . m A 4.%Uajlfhg Ammar .. C 1 4 go. -A Y2. .c AA V fate: ZT1-0 'at Phorfc .1 5. -N Ow?roiect Name -to old -Please obeckthe appreprfate:'box. -Thb-pr6poted pqrMiftqe: 1.1ded'above js,: Q kOA (A 0 -0ho. A or P d.ocument - Wing jbgt_th6:HdA 6P -_-P0 A OWns, Pontrols,: -has; a: Modr0eal stqr-MWat,0rqy.Vbm teattirim. Print -name bf IP4 or PO{In-4-1 at and prpylpr ' mprissentotivein #2 above) y. owner Lessee tAloch .a.. copy of thq.10a§& -qgreet#&nt-an0-qpMp jotppropeny Ow nerljimot-m.art tran pag) 4 kiichgg'Or AWHA d6p -.WN be 40*d UpDn moW -of a V*Y of ft iecarded'deied] Q'0Vdl6per,.(Cbtnp19te prope?f yownerlilfo rmation 'on page 4�1 Ilan -1 'Opt SSW N -0* C yp flovv-24-s 2-0:2, Page ..of 4 AEN U1RE0.1T-gM$ A V'dU transfer -'a -permit w' a 10abl of the 0 required itartis. Bated items may rsW t 'in: procee 1. Thi. 00Mn66dandtiryoeim 21. Le&I bpumentatl( 3. A -bb0y:-:'f Oeo Q " Any re.gordod, od 4. Th" deal n-ee?i:-ow(flc'qfion- (E, The esigi each DM.0- R-, .., 5. ft ihi" , " _. .. PrOP0900 pormittee qompapy-,.-or -6that . " corpor-ate en..tit Y , pore6aafivwto ad on boha-yeo6The process 11 Be-* daisis-an folp: 1$ not .required . aft. isequetit awne" WOV80 hY the Division of Water Quality 6 are. k1clu, d.o d. k q submit. ]; F. 011te t6 11rdVi&-the' or derlal -of the &4ngf�j_ Yar xo a new -ownor. WVerJdhtsV'-br,-eA".mpnts, it roil utrod by thapermit. ar and able the permit ind-1 hokmakeidy sUbmlttsdt0:f)W-0, lfiiarofm , ship; as"s' w'. D - u1n4ritation shovOM4 the - th df t;hs hg - - . 4160" 6.tity-' 6d - used 4r m1tt66-,. ial birist6r.-fri6m -the -wigin4l germitt0e the, ptocessing, e transfers w If require. the .00 proc r Sgjrtg fiee M. CURRENT PEAMffT CATION pw_" 0100-vns t i #tie !040Wibg. Watements and -rill: out :the cqrtificeflop b wthat-gatament. -h #9 nahv, -name.j prmaifing 0 .0 0UMwt..PerMW-e0 is only ch4n0.h7-g--hW. 0 r if tl 4eldran- but w#1 retain the Permit, 11- Project. V tho'curr"t Petfflittek hetsiby-notify "; W!-`6 !I address sirrdlflr l am 9 'my nahlo UJQr I am. 8hanging MY Maftq afrig, the name '.:the arm e - 001 P-1 "W'd ' ISM 1 futftriftimt thatilik:applJoijilbn nowle'd for wria►M%,#/.0,wn8r$h1p chighgo is accurate a rnpleto to. the ,best -of'my knowledge, -1 Understatid" that ff till tood-fri e-d. parts of '11- t - - . arequired is 90 #0n Oro. n offiPlo IF till Supporting lnformoU6 and attachftnts listed above are rvot 1nqiuc[td, this application packagi. I Incomplete. Wil --be. fetiurn'ed as GKC-1 Isere if current Pormittee is:transfeffing the t of , �he­ perfnit. PMP-ett� 0­4 ftw OW�MV&W WN not.t*t*p. the -:m . most. recent. covenants, or w Of tho the designer's. [a., the 6WO W the D''I . 1h f6h that: if ..and a bVtheDW--Q; _I` - Vn ess wrro11t,p,.erm!ne.b,- --aMsUbMittfrig. thls--appliq _ation. OL2' --tify WO. -Of ft. I hereby h EY'' :sal6 or Medwfthth' Z' A.— I i6ap is. perm . .1 h , Ve pravi et y of .ehy . fd WOO' d. dead w each BMR, a6a'i�r O'W.revo.4 as-bulft planis, the approveat vice recordt- and t64 -m. jb�I W. - oe. rig D' 0 rye named In.Sections . !..I and 'V -bf th,ihip change is accurate.7andt0rhlea - to the best. Wapplicawrt. are- not coo li*t6d -or . If 'all: ad above are. not-fociude P-11 - on d '!th 14hiiind -obligations as Perm 404be li-form .1 v idorstand that this - t is transfer of ind -untifthe lidlityis 11M COM'.Oliah thin /— 6 - 1­7 a -Notary Publir, for the. State of, couniV-offf 1'avnwm do. hareb (114 Tcertiffy th'M appeared b6fore-me this the Mr4ah'alIV 60P a - r .11111101,11 -.day of. And aclo _t6 due expau fum. 0 Witt r1V 8 hand. forgpong . on' m and: official -%e -fx ..Pniq 'A A V , .4[, i9on A I I'll Ll WR 6 ry atuitl SM N/0 Change Re Sept201:2. .. V24 Page-;2-- Z rri N 0.,- 0 EGEIVE JAN 0 9 2017 -"0/1 cou VR PROPOSA EIDRIWITTEE CERT] AT-16M ('ti ts sea�6n..Must..jW M the Proposed Per'Mittee for all tr pf. own ershifZ tiereht.hg.t J. have actIpired .61,11,11 1 0 Ole 'the, re4pq lit tDr opera. ti0g: an . the t ...... t th . rnot . ''roU. gh S p egaWf�tran, 01, -spw�sibffi -so ori. lea 0 -oft I . PSIO! Y.d main - in StI6Ain � 'g ' e.pormiffe.d -a -.appl' managemen �syg m, f swtemi; R*IJ10, ddhsitr�cfflhg the parrniftod system... 1 Ack,noMedg ..arid. attest.thift. i have reqo.Wd a. copy e" y Of (ch Ck41I'thW.;.jppIy tp this perm,14 the. M0st recelht: pormit. 0: "o6-0 eiliftefia-n.J- .&. ..each aMp ahY10crdoO.-d ebo theDW`aPMVed Peftand6r­VPrOved as-bulit plans approvedpPa(aff.on: : and Majntj�ance agreement Past MAintenance fecords.-trorn the: preivi- ' US PdrMitt0e... (where required} B D'1! O sferrawatar In*80on o re rt showing. cpm .p. plianco withihso days ptior to tWIS-transfer lhave:roViewed-ths:p-e'-r*mh,,a' approved PPM PI -an$ -InO Other &OuMiMts. 4ted above, and I wilf.c0n. ply: wfth. the tOrms and ooWiflons of the Perm -lit" and approved. .1. plaps... I D'k0oW!bdQ6 and ;g!qet that j.M0POrWD And MalifI the- sy tqm porguant tAhe-r0irarheffts-l�steointhepefftandiii the and 0114t�hareagreeme IIuObpraft osthatthis appfibatfoh for gn M-aw change is. accurate and cOmP106 to th-0 best- 6f. iby. k-no.wjqd understand that if 01AMS - appiie- OtAlred. parts gitiOn AW h0t.C6MpIpteqI.ipr if all required supPoiflno- infor-Mafign -and attschma above nts listed are net Palckag'P - W.10 be, returned as Io 's .00fir-atidn u V 100thplete.. day Datt-: a. a -NOtary Public.for the State of -C.0 I _40hereby .. that t personally appeired before:Me this the CRYS r4j CNotary, M= 1141C lCOf U .NIN% % -apOMaintananc.. 0*064 t sarijgnThis pio t foe requW), shoold be n vi 4OU mpmetit'afid A g/ PkMO -00i0th4t. ff hp.-Pio psed Parmittl PW' 1Y.. P._ listed above th 0 Men : the pr*fitrty. 6M.7or ffits 00U.Ment. Bothtl fi-ld developer and tho-poppoW IM10t: Dorn AR AW ajop , - - -d ...ph? P406 'Of lie lesse D"Or will AP 'a as permittees. W Wrbtrih-6 p0ir ." ' 24L12.and adknooedap 4he due awigutinii of th. p4gotng 0strument. Witness rby'.hano-. and. 0 ff icial R 0tW g soal;. Addttrbt7al 06, ./Gs- Of thi�:OdWhal-Oerrnft- and t4p approved be 0'btaf�w. ved Operation M the appropliato 'Offim the ; of Ditwwdf: SSW N/0 Change R6V24,Stpt.2Q1.2 F r. F I V E JAN 0 9 2017 PAge -9 of 4 : A. PROPERTY OWNRE TAC C.o -r. N. R ON AND:CERT . Pie . ATION if thO PM- PosOd Permiffee- listed jh- $e-0110M:11 -Ind V of 'this forma iF Mt--ft- ftPONY Owner. M,6, Wow and s47n this town: Printed NAme-, T.itje:-Mt'hirv-ire organ., A ioij:. Strecit,Addre,§W - . � I'% afty: --zip. M911frig Addr6sw from Wi—ree—t W&,660 Cit-W 'State::. ZI Phone! Foix k is� kxo ........ . . . . . . . . . . . 1POT-th t4at roWn the propeAY- identified in this porm merit it-trangtor deou and'.haye Gliyan porml$sWn to, tbe.'Prop I' Proposed P-in4iffAm S90ons-11'and V to: devebp ati. Or, Jease the: propnstru ... -A a 6U.-thele0afire ri*meht or other d6nira"pt, which. indicates the party t.es.p ond.1b4,o le r the: qo and/or'Operatidn a'nd malnter anre of the sto rMWS(tG"t..S.y_SteM,'ha9 beim prb.V. As'the legal property -owneff a0khowleclge - understand d as ht Oe V ft tignature: below. that- 1,Mjj -gi T M. 'th .aq. aff bl! appear: Pe ee Al 10. ee,,.d 1. 'erefbr --ha -iispons6lity'' i. viiss, .9. share Y..' wt 'permit. As the"prope,. O''n G©m lance Mh ihi 15W.0"Itowrim for -a' er DWV9'by su hIIt n M.Tesponolblin btify 30.� to n =1 mg a Completed Nam 0' ersh p Q.hati ays: of propurfng a. eloper,'14%seedr- pUrcl "asor fotih' e", dev property,.00rs.a 6 ,alm nl**ill#yan nmtrer leli 02 !d on 8'Or f d that'fall (N ej VII Pe 4.�tes of up. to $25a 0 per oa S-IQn4 I the Signatures Of property; 6wngrr.. Date._/. m n&z 4 t a r, a Nota :Public the: Mate Of Y tate .,'.County.at ..do: hereby ceMfv that. PGtS0rIaIIYappeared beforo.:Mothis the dtvy of 6nd acknowledge -the due execution of the forqoino::instrufnent. Wltnes* my hand and offle-la-1. seal, Qry gptur—eW 'A31N.0.34 'F 10' (Notary .� -seat) Wa C.) 5z�a C) 111- 0 z 0 IECEIVE ,iill,, I 111100 S-SW JAN 0 9 2017 W- 0 -Change Siw2.4S-.e -1.2.� PagOA of 4 .p.t2Q. Permit No `j (to be provided by DWQ) �� �T STORMWATER MANAGEMENT PERMIT APPLICATION FORM WDENR 401 CERTIFICATION APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part Ill) must be printed, filled out and submitted along with all of the required information. i. PROJECT INFORMATION Project Name Waterway Cove Contact Person Brandon R. Finch, PE Phone Number (919) 361-M Date 3/17/2010 Drainage Area Number Infiltration Basin #1 / Middle Pond II. DESIGN INFORMATION Site Characteristics Drainage area 1,366,567.00 fe Impervious area 671,456.00 fe Percent impervious 0.49 % Design rainfall depth 1.50 in Peak Flow Calculations 1-yr, 24-hr rainfall depth 1-yr, 24-hr intensity Pre -development 1-yr, 24-hr discharge Post -development 1-yr, 24-hr discharge Pre/Post 1-yr, 24-hr peak flow control Storage Volume: Non -SA Waters Minimum design volume required Design volume provided Storage Volume: SA Waters 1.5" runoff volume Pre -development 1-yr, 24-hr runoff volume Post -development 1-yr, 24-hr runoff volume Minimum required volume Volume provided Soils Report Summary Soil type Infiltration rate SHWT elevation Basin Design Parameters Drawdown time Basin side slopes Basin bottom elevation Storage elevation Storage Surface Area Top elevation Basin Bottom Dimensions Basin length Basin width Bottom Surface Area Form SW401-Infiftration Basin-Rev.4 3.72 in in/hr ft3/sec ft3/sec ft3/sec ft3 ft3 84178.00 ft3 ft3 ft3 ft3 SS,90 + 91,573.00 ft3 Need to provide additional volume Wando 10.00 (Assumed) in/hr a . MAI(. K ALLoWEp V 9WQ 5ML4 27.90 fmsl %k*W1%9r 1.90 days OK 3.00 :1 OK 30.00 fmsl OK 0 r4W4,E s 11.45 31.00 fmsl Pt3.o7 (I.S" STbVA&F trots-) to31`j 00° fe io rA cias (a Fw. mb-t� 32.00 fmsl 0 11.1 (Sims It9a) - — ft -�ft 5,046.00 fe R�.'FX�jo MAR 1 9 2010 Parts I.&II. 1 Permit No. (to be provided byDWQ) Additional Information 23.19 IV,WJ 14 i%&Cgr V S.S Maximum runoff to each inlet to the basin? 5.80 actin Maximum of 2 acre -inches allowed dh QAVy OUP.-f PFOK R'W17 Length of vegetative filter for overflow 50.00 ft OK Distance to structure ADJACENT ft OK t-- If it 1 %.*CA"9 AMCgW T9 FVr Distance from surface waters 194.00 ft OK AKWtw Cskyrft .06 Distance from water supply well(s) NIA ft A" a wlWAIR O�n Separation from impervious soil layer N/A ANr.E to ibl��1,E Qbaf9D ft OK Naturally occuring soil above shwt 2.10 ft OK 4— 6t..$p . CL.Zt� (MiGwolcs 4" 4F SOW�� Bottom covered with 4-in of clean sand? Y (Y or N) OK Proposed drainage easement provided? N/A (Y or N) OK Capures all runoff at ultimate build -out? Y (Y or N) OK Bypass provided for larger storms? Y (Y or N) OK Pretreatment device provided Yes Ex Middle Pond will serve as pretreatment; All SD inverts will have sump MAR 1 9 2010 BY: Form SW401-infiltratlon Basin-Rev.4 Parts I. & II. Design. Summary, Page 2 of 2 Permit No. `-5- A U (to be provided by DWQ) Ili. REQUIRED ITEMS CHECKLIST Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan Initials Sheet No. 0112F ,'t e.-ib 1. Plans (1" - 50' or larger) of the entire site showing: Design at ultimate build -out, - Off -site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Basin dimensions, Pretreatment system, High flow bypass system, Maintenance access, Proposed drainage easement and public right of way (ROW), Overflow device, and - Boundaries of drainage easement. 64F IS- 2. Partial plan (1" = 30' or larger) and details for the infiltration basin showing: - Bypass structure, Maintenance access, - Basin bottom dimensions, - Basin cross-section with benchmark for sediment cleanout, - Flow distribution detail for inflow, - Vegetated filter, and - Pretreatment device. GaF -Ltw 19 3. Section view of the infiltration basin (1" = 20' or larger) showing: - Pretreatment and treatment areas, and - Inlet and outlet structures. ea►tG foot. 4. A table of elevations, areas, incremental volumes & accumulated volumes to verify the volume provided. !E_ �K 5. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. The results of the soils report must be verified in the field by DWQ, by completing & submitting the soils investigation request form. County soil maps are not an acceptable source of soils information. �F t to 6. A construction sequence that shows how the infitlration basin will be protected from sediment until the entire drainage area is stabilized. CJ1LC- 6odk 7. The supporting calculations. >tF 8. A copy of the signed and notarized operation and maintenance (0&M) agreement. 6" 9. A copy of the deed restrictions (if required). MAR 1 9 2010 BY: Form SW401-Infiltration Basin-Rev.4 Page 1 of 1 Part III. Required Items Checklist, Page 1 of 1 !a Permit No. Str W7o59'4 /AQD (to be prov7ded by D WQ) .AWA STORMWATER MANAGEMENT PERMIT APPLICATION FORM NCDENR 401 CERTIFICATION APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part 111) must be printed, filled out and submitted along with all of the required information. I. PROJECT INFORMATION Project Name Contact Person Phone Number Dale Drainage Area Number 11. DESIGN INFORMATION Site Characteristics Drainage area Impervious area Percent impervious Design rainfall depth Peak Flow Calculations 1-yr, 24-hr rainfall depth 1-yr, 24-hr intensity Pre -development 1-yr, 24-hr discharge Post -development 1-yr, 24-hr discharge Pre/Post 1-yr, 24-hr peak flow control Storage Volume: Non -SA Waters Minimum design volume required Design volume provided Storage Volume: SA Waters 1.5" runoff volume Pre -development 1-yr, 24-hr runoff volume Post -development 1-yr, 24-hr runoff volume Minimum required volume Volume provided Soils Report Summary Soil type Infiltration rate SHWT elevation Basin Design Parameters Waterway Cove Brandon R. Finch, PE (919) 361-5000 8/24/2009 Infiltration Basin #2 l Lower Pond 1,299,378.00 ttz 624,513.00 ft2 0.48 % 1.50 in 3.72 in inmr felsec fe/sec felsec of W Ate } ( Qk 0151.�_Xllnw -c ft ft3 78379.00 — `,1 DaA he A*v s' it ft3 r..1 ,s32 ft3 ft3 �{,7Z(6 k 7,642 = BYr"68 CX 9 87,368.00 Need to provide additional volume Wando 9.31 (Assumed) inlhr o­ '/z of k itreroA 5? MI< (Z'@ClVr Approx. 6.43 fmsl Drawdown time 1.85 days OK Basin side slopes 3.00 :1 OK Basin bottom elevation r^'"t� �" rtA�'F �'°"A mriisr 't�lvt2f�Eo®E � 10.00 fmsl #VALUE! N+4Sf a'fb Storage elevation y,or-Ac� • a 10.00 fmsl 7.28-S" y�rrdteE Racx j Storage Surface Area 2,225.00 fe Top elevation AFA4 Arr."// 13.00 fmsl -7h1,(8Y4A5: PrV) Basin Bottom Dimensions ro.o Basin length PAM ` ft Basin width t eb 0Z It Bottom Surface Area 2,225.00 fe hp 73,C159 (Nvv, Ee) Form SW407-Infiltration Basin-Rev.4 Parts I. & It. Design Summary, Page 'I of 2 o Permit No.%- d�tESIM�� (to be provided by DWQ) Additional Information Maximum runoff to each inlet to the basin? ac-in Length of vegetative filter for overflow 50.00 ft OK Distance to structure NIA ft OK Distance from surface waters 55.00 ft OK Distance from water supply well(s) NIA ft OK Separation from impervious soil layer NIA ft OK Naturally occuring soil above shwt 3.57 ft OK fit_. ro.v — - 6.4a; = 5.51 C tQC4 "a6 or ' � Bottom covered with 4-in of clean sand? Y (Y or N) OK Proposed drainage easement provided? NIA (Y or N) OK Capures all runoff at ultimate build -out? Y (Y or N) OK Bypass provided for larger storms? Y (Y or N) OK Pretreatment device provided Yes Ex Lower Pond will serve as pretreatment; All SD inverts will have sump Form SW401-Infi@ration Basin-Rev.4 Parts I. & II. Design Summary, Page 2 of 2 Permit Noninol0�4gaigb ... ;• •. : & 4 provided by AWQ) , -. ; .... Q a . Please indicate the page or plan sheet numbers where the supporting documentation can be found, An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the foll6wing design requirements have been met, If the applicant has designated an agent, & agent may initial below, If a requirement has not been met, attach justification. Paget Plan Initials Sheet No. r 4 Ic -10 1. Plans (1" - W or larger) of the entire site showing: s - Design at ultimate build -out, - Off -site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Basin dimensions, - Pretreatment system, - High flow bypass system, - Maintenance access, - Proposed drainage easement and public right of way (ROM, Overflow device, and Boundaries of drainage easement. _ jj& 2- Partial plan (1" = 30' or larger) and details for the infiltration basin showing: - Bypass structure, - Maintenance access, Basin bottom dimensions, Basin cross-section with benchmark for sediment c leanout, Flow distribution detail for inflow, -Vegetated filter, and - Pretreatment device. _ 3. Section view of the infiltration basin (1" 20.' or larger) showing: - Pretreatment and treatment areas, and - Inlet and outlet structures. _W (moo 4. A table of elevations, areas, incremental volumes & accumulated volumes to verify the volume provided. 5. A soils report that is based upon an actual field investigation, soil borings, and Infiltration tests. The results of the soils report must be verified in the field by DWQ, by completing & submitting the soils investigation request form. County soil maps are not an acceptable source of soils information. sier M3 r 6. A construction sequence that shows how the infiltration basin will be protected from sediment unfil the entire drainage area is stabilized. EfjE DOK . 7. The supporting calculations. 8. A copy of the signed and notarized operation and maintenance (0&M) agreement. -- 9. A copy of the deed restrictions (if required). Form SW401-Infiltration Basin-Rev.4 Page 1 of 1 Part III. Required Items Checklist, Page 1 of 1 (t 0 V IRA V D) 0 0 Cis Rev C C*$ Ck cob aq i.W VVATER17-1�tv z AMMIDED M3 R—TSTATED TFICTIVE COVW,AMS, RZSMCnoNr Gits SEASF AND URNS FOR WATERWAY COV3 THIS DOMMENT REGuLATES OR PRO cs k6y OF POLITICAL SIGNS. mCTtbN 6. ftq=W by and return remnJ4 to: BUM P. Worbnan Hedrick, Gardner, Kincheloe & Garofalo, LLp 1938 Tyler lki Strife 2A Wflngngk* NC215 I WD M4 010 00-_- AMENDED AND RESTATED DECLARATION OF PROTECTISV�,C.OVENANTS, TRICTIOidS, EASEMENTS, CIi`ARGd°�S,tMq"%fiWATERWAY COVE THUS AMENDED AND RESTATED iMQ IOoj lNi f'oor' Waterway Cove is made by this the 2 th day of Mareb, 2014 by Waterway Cove Partners, LLC, the successor declarant, and the undersigned WATERWAY COVE HOMEOWNERS ASSOCIATION, INC., a North Carolina non-profit corporation operating in Brunswick County, WIT NESSETH; WHEREAS, WATERWAY COVE is a real estate development located m,,$runswick County, north Carolina .further $ identified ten. the following amp(s): 0 A. "Waterway Cove Phase IA", and recur MIN the Brtmswick County Registry at Adsp Bank 65 P , ages i&25; go B. "Waterway Cove Phase 2", recorded on Mora 26, 2013 in the Brunswick CountyRegistryat Map Hook 77and, Pagas 69-71; I d WHEREAS, WATERWAY t:OirE was initially developed by Waterbom Village Management, LLC, (bminafter "Original Declatuf), which caused to be rectwded the following; r h A. "Waterway Cove Phase 1A", recorded on April 16, 20 w0j"W%�1 Registry at Map Cabinet 65, Pages 18- 25; �AG��% 1� B. 'Declaration of Protective Covenants, Rewic►tans, Easements, Charges and Liens For Waterway Cove", recorded on May 13, 2010 ie &a Brunswick Coualy Registry at Book 3045, Per 897; , C. "Aflidavh" addressing water and sewer distribution Bens in Phase I A, recorded on October 20.2010 in the Brunswick Mind County Registry at Book 3095, Page 1379; and �j D. 'Affk1avir adthissing water and sewer distribution lines in Phase 2, 100 on Jttty l 1, 2011 in the lt BmmwicCoW =%' ZZ Registry at Book 3175, Page 892; and WHEREAS, the Original lyedwout im and rights to WATMWAY COVE to Special Services Asset ManagementY. an Illinois Carporati s, t to mo North Carolina General Warranty Deeds, reaardod on January 27, 2012 in the Brunswick County Registry at Book 3233, Page.792, and August 1, 2012 in the Brunswick County Registry at .Book 3296, Page 1178; WO WHEREAS, Special Services Asset Management Company caused to be recorded the following: A. "Waterway Cave Phase 2", recorded on Memo 26, 2013 ju the Brunswick C Registry at Map Cabaret 7T, Pages 69- Tl; and G��' B. '"Assigntnent And Assumption of I3 � on July 10. 2013 in the Brunswick County Registry at Book 3425. Page 934; and s WI ERREAS, Wi rZMAY COV,s HOMOWNERS ASSOt`• MON, INC., a non-profit cwpapstion, onaudy acts as the represeatotive far its members wbo are Lot Owners iu WATERWAY COVE; and it was the intent of the Or*h,sl IkcWvnt; and .is the intent of the Sucomor Declarant, at the time of the conveyaacc ate ],at to an Owner, to make available certain Common Areas and amenitks on the Property, if any, as they were built, and, to convey, upon compictica of the development, the entire Property, eachrding the Leta and publicly dedicated streets, if any, VA&M t cost or charge to the Association; and r *ZERKAS, Ibis AMSNDEII AND RESTATEDIVA OF 1?7--7jr CTWX COVENANTS, RESTRICTIO^ EASI�"MM CRARGBS AUN . I COVE is made. 2-1 i T; and o ursuant N.C. Gen. Star 47F- WREREAS, it is the desire of WATERWAY 03V2 HOM$OWNERS ASSOCIATION, INC., the Lot Owners of WATERWAY COVE, and the Successor Declarant to amend the Declarant. rights provided in the Declaration, and to elimmata NATUREWAfCH LLC's 2 ob'Wm to P9Y R=T'W ft-'M-s==tx fox Lm they mm, to revise gm Tumw Dav the vocumfts, sad albyw both tim &=Mm McWW 3W NATUUWATCH Ll JC to be al4olz k Ck . I& ,s ja 7ermb-j" a F, WIMFE" it it the desire of 17AT "a'�q "16 'ASKKU7WftVW tk Lot Owma OrVATg;tW'tY COVA AW am Smessor Dedamnt to awainK, ' WATUMAY COVE; and q=m "tVe � MOM 2 MWMI= Of 1400 agmt *d in all Phases Of W=Rr-I'A AT" )a, SWUM 2, of the Declaradwof Pzowcw, Cowmd,6 RaWboa,Eme=,ts� Q 11111—Y Cove fidum phum Of WATJOLWAY COVE IM. d Lkw For would be sd*jed to the Dftbwkln, and allowed the Nging —'r" a SW'MMW DOCbMhO-, Olb-ft fDl Chmop a dn.bamW uftt. tad dm- Dftbmlt dgwg moved 61 dw Dawadam wd cow deeds m-"Onl--727,2012 in due Bnwmkk CD -m MIPW to Ibc Saco DIm by RqOMYAtBmpk 32%. Page 117a; and 792. nd Aupw 1. 2012 in jha amnwk Comely WEEMSif is the desire. of WAT=R&Y CM BDh=OV"NW'S'LOAOMTlM- WC, the 10 0m. ad 4. Swes 2 or WATUMAy CM fiW *A WA7=WAy CM INV M" 'UM 4SSW .UjjON' "high popefty is mm" "WOO* "m%d in dw snap OW'W'T� Cm Phase r, mmW 00 Uwd X 2013 In do Bnmwkk co=q ft*yt hfiP B�' 77. P09% 69,71, and to stiblact dw pmpcM to the Pft—wlY recorded Anmatim doommma mWuumd abOM and to nmlu& the mom -d ft= Lot Owb*s) of Phase 2 of WA71mWAy COVIZ as Mmgxn i. WAIWW/ ASSGLTArz)NaC Alt of dow r=ftic� daAm Wi&gw be and" be bWn 'Y Cow ummovmm tcquhiagazy6gla, d* coWmms% IOPI i the let Owmm gxd upm dw pmtics *ft w 42 dWOd8&jW to such nxw!dJonK aW WRKRZA4 Oa Mamb 29, 2014, aw fim prmuL the m At fttWg, tbjs Amen" ad ft*ft M ofAssociedw va held at which aqM= was of *0 Amockum. and =. =w an FOONEUM4 sad was Wpvmd by W'Wwm PwPmt (67%) of the votes T1114 WATERWAY COVE BOMW"=8 ASSOCLITWK INC., ft Let Ov.. of COMM4 the Smxmw DwWm� baby declarethatallof6s, Lob sad Cm.. VATUWAY COVI we heldandshallbe Lehi,convoyed,h as ddbvd b"M bcmftd *Piffib WATERWAY QCVAAA and in4mv4 a an ased' of f Y tm3' � oxpatrts Thereof subject to such rttiotas, and shall lame to ihs heas6l at`tho Ssoaenar Deolsemt awul �+ sae of ARTICLE f vAhadem SOCAm I - The h0owing words wimp used in this DcrLndtar my smPfollow*C, station (Uku the context Pn*NM) have the (0) "Ad" MOM The Km& Cmdina c re Act Chapter 47F afft Norio ChtWiOm GODOW Statahm, va dw same may be amended, or such awoessm or npbmmm acL tb) "AddMml P-paV mum the , in,ts dism*n' oftbe SuWivisi= and bring SMW an&- and mikea to dmDGdLTWUL may k-qmft CC 00— asaddiliand pbms (c) OADC" woma Ifis AxhkmbnW Review COmm9W edoblimbed =&r Arbde Xv kmf (d) 'LAmhkwWrA Review GuMelluseteems Aftla IV, SeWm 2. do urk'UMNW Xwddhw9 pmmWsod ftm time to tim by dw AXc pu5uft to (0) 'Aammumi" mm am of more of 00 amus, usammmu. VWW M "AmecladW seems Wwm%V Cove B CC 0 ;z,pw �7 is 309mm ww walem a North Cam]= amproflt 00 , - *fDhwtm 10(the Aamcimim (h) "DUA (Built UPOU Amr iwhu* but is nm &wmd sm. skuc%nv4 A*Udk O_mw , Want WW; SOM dus, pukma yes, but dons nut inakxle ah4 open wood deddin or*,o water ofs� posit.*DPW am I RON pipm II - , 0 r, , 12 40;4B,ft4 . ca a bl. MU C cm Paw UON. bl., 04 A (i) "Buffer Area" means an area identified as a "Buffer Area" (or words of similar on any recorded plat of the Subdivision. (j) "Common Arm" means (i) all commons area and those a the facilities or improvements to be constructed tberew, if any, specifically designated as IT map or plat of the Subdivision recorded by Declarant or the Association with the Brunswick . f m by any other mesas so designated by Declarant of the Association; and (ii) private water and sewer 1' storm water management systems located outside public sheet rights -of -way. (k) "Common Expenser" man expenditures made by or fmoanaia] liabilities of the Association, together with any allocations to reserves, and 'excludes, but is not limited to: i. Expenses for maimmance, "Paw and reptatement Of private roads, strocts and alloys of the Subdivision, of the landscaping of the Common Areas and those parti= of the Lots for which the Association is rrsponaMr, ii. Expenses erf administration, maintenance, repair and mplaxemeat of the Commits Arms and an h21 mvemants theraaa, including but not limited to, tbn relating to si Lighting, irrigation and undscapitg. iii. Expenses declared to be common expenses by the f this Declaration, the Bylaws of the Association or the North Carolina Planned Got,{} o iv. liability or n and surety or other bonds w the Declaration may rrquuirc or permit the As,, grVl v. As valorem texas and public assessment charges lawfully levied against the Common Areas; vi. Expenses of maintaining private and ofibly easements and facilities located within the Subdivision which. the Declaration requites the Association to m9nitain; vii C1481% for utilities used in em mwdon with the m9aftance and use of the Common Areas; vw. Espe nsm for maim mason, apair and replacement of ail signage. located on Common Areas: ix. Expeasm for the mamummut of an essemova and larrdacaring and improvements thereon conveyed to the Association fir w'hich the Declaration. togairns the A to maintain. x. Expenses for the ram, lapse .. water raiant;oa ponds: fakes and other bodies of water within the Comm9p Ail, =4th storm water management requirements. xi.. Any other :s°�'jgatiz T U try the Board of Directom cn approved by the Meamibeta to be commas eecpeaaea of the Ae�eocaatran. N "DwArrant" means waterhm Vfllage Manngemant, W, a North Carolina limited liability company, and these peewas or entities that succeed to waterboro Matt, LLC as the developer V tilaB e velope r Ofthe Subdivision of any portion therwi, and to Whicbisuiisnodsomeorall OfOie.r4tUAuwvadtoorreWnWbyDwimunbaeuudabyawrittmksvummtreool&diqtbc ofTice ofthe Brunswick Cataaty Regiam of Ilm&; therefore at the time this document is recorded, it shall also mesa Waterway Cerra Psatnars, LLC. (m) "DeeetarOW means this Amended and Restated Declaration of Pmtaotiv avermata, Resirktions, Ens meats, Charges and Liras for Waterway (mve as it may be amp from time to (a) "Dweltiul f mom a single family dwe or (v) "Governing Docameaia" moems , the Articles of Cott of the Association, the Bylaws of the Associatim the Architeduml Dto addetitms and the Rules and Regulatitm, if any, inchrding any amendments or texts thereof. (p) "fmm'ovemesai" rnmas a building, Dwolling, outbuilding, sewage shed, roofed Structure. phmtittgs of teem, shrubs, bodges and Other plants, parking area. loading area, fence, wall, deck, trel * gazebo. boathousej pok, driveway. swimming pool, belkhe;ad, or any other stmct re, item or thing gully considered a meal property improvemea, (q) "ladividuni Aariesanaat" morns as Amassment ass=W or assessed against a Dot pursuant. to Ardck ViD Seotion 6. fF) "T.nt" menses ar>1t agiatatnly numbered lot plc of lead intevndad or re Ldaatiat ttm, with delineated boundary liens wring on any subdivision magi of the Subdiv sida recorded with the Brtmawi� C ofDoods, but excluding any Common Area shorn many such recorded plat of the subdREP-1-ibitodelsowherc iB ,fuse in size by subdivision or camWxLWoo the same shrill nwaa tekss be and termaip ao�tlta De;clatadm provided, fosther however thi ? definition shall� imply. however, that the Lot ma in this Declaration. (s) "lHembex" means an Owner who is a member of the Association as provided in Article VI bereof. (t) "driglacl Dleckmut" means Wearboto Village Management, LLC. a North Carolina limited liability company. (a) "theater" mom the record owner, wbodier ono or more persona or entities, of the Ra simple titre to my l.rx front time to frame., but etxclades any mortgagee or bonefidary of a dead of trust of subsquout bolder of a mortgage or bencfrcW owner of s deed of trust finless and until such mortgagee or balder has acquired fete tide pursuant to foseclosura or any proceedings in lieu of fowk sum. (v) "Phms:and SpM1119trdom" has the meaning act forth in Article IV, Section (w) "Rules and l4aletione means Z*'eot to the provisions rind. die Bylaws of the Association, the rules and regulations as adopted or enaacted from 'ot` Directon to govern the ore of the Commons Arena, fhe repletion, placement and display ern 1`a the other po euas and policies oftlu: Association in order to carryout the powers conferred upon the Asso�ticna, UUXt Yr n i>r of (1) "SetbackO means an area 4ong tk how3dwy of g ja wbM no tow Wmares, iwidft widwd limitation, - 4 310C OT wwvdr *=wf granted by &a gwbmzM M014 f=�Vafios or decks shall 1w. perminW Of ARC ptawant to d6DcchntkmL _M71-9 4 V31i "Sawividw acaus an properly tt-=Arm w amHxbMAuS-1 r withustyOPWdM—beW=w*dVccotto d* DWmINEMSteidm) %tlk-cph is described In npubaeft dfimUytoavismofthis (Z) "SGPPkmt*W OftkTOUGa" MONS an Offlendmeat to this DWWWM which annexes prop" W be subject to da Dwbtl,, under Article XL. (an) *TuM6ftr DAMe"has the Mcuf[ag ad forth in Article A Sod= 4, Alr=l 0 1760antLoft a-Acanuank A2,901 CA any Lotmepinamonknoewathe pm " be PJW4 Rued, jamd or modiaw an Agom Z. swwhdsion MANNAUMAM Of LA -tb Lot be U60 x6didd ow Its WwWW a, maW WACVu kreaft FwMod, After du as of a to by EjqcleMtV be Rdbw S"VkW cc its boundary lines shmo M=dwM of with do *u"WM coiniw R407"S Law Lob MY.Ody (inclaft bot am limited tD, to emobiosition or rabcA*ination Of mal6b Lots) (j) by Dcebaam Of with toe wftm aftsenL of dw ARC. =4 (h) IPM 91 1101WOO of nViad I plat or mWaWW4 alteration of a Lot's boundary Ins, such Itmaft or recomigmad dw Teftubw M"Vildom of At QrWl putpow of dds Dwbmdw be damdeemed a "tat;VvNidA bw&mareVM, (i) whOw tw* or mlob am combined to reduce Sae. as woonSad or ooWi&uW by Dwjuaw, and (u) whae a i at is vpuc*k an axh runating XAL Upon oonibinationaro —4ftg Of wM Ow one Lot; Assessments L (3) ft ftildift lice pmtwW havin for dw VOW* Lots Sw apply and do weements to be SIV&No to the am, W& and Om La vow of a" rmk* Low, and 00 *9 resultm Lot and stradcarft avoW %0EEE1, D" OdMVide aawly with this Declaration and .doe new boundary lines oftho raWgn, Lot " beamed to emoft ga: Soback as set forth. hwein, Spadon, HGk%2bALClue A --Low All toots dM be =a& ingwowd and devoted ftduh* 10 shofijb. detached DwcllitW Aw rvdd-tW use awp far limited bome office uses PftmiW under Section 7 of this w*l-- Na wnwegm ejwqA as hxdnaficr Wo-ded'd" be ea -led' alftmd- Owed Of WMbW 10 MMWS On =7 L4t 06W than am dfitadwd *& haWy dwHm# COWOWW in Awadace WA the ?has and Spmfiwfiong. &Mvbbj, OwRM* of S Lot ndlw - OWCOMW 4w odw rebftd at similar ow4m* wumas V&M ft yW &MM ftough *wAwb& mwrvj . 11 — 11 -Vr oc&*aboa romw among malff* owwn or ukmbw Of the PrOSM " PcOhNOted, PnYM4 *A dw I fl, I a - owwSwp of a ut =&or lmpw.,=u 'T , by wancy in conmumjoial jen=y 4r tommy AMIftathereon 12;&f. Nubtam No noxious, mkw&l or offiagin activity " ba owded an upon &W Let, nor shall awbq be done ftfta US&$ to cwuaadISCOMfint, smsoyance or a numme, to &a. %*divjumm No VIM&, poultry, ad jok JuI& vjkmzbb& or davices of my =lk wit 60 110101011 KXEwM of Oxisbow of wbkb are in my doMpass, qnplgWy, OMPIOaMM 1*4DfU fintoft as May diminish or desfty the -PY-ft Of*.&w property iuft Subdivision sluil be placedt kept or maintained on my IA Bottled gas oontainam " w be eened boaspublicv" NoLot" be OW ft Notage ofbWdi% =t=b prior ID dw swanoo ofdm bdWftmzk for tine Dwdlm& 14-A 11.91;- All" Sw6oft 5. Exchuhm of Above cable. tdaphaw ad kbm=mmko*e SLPMlines doll be placedVbo undargmeA Mvided, weva OW, In alai with *Wo*m=d offifies IcesM&%" petwitted within rho S"Vbkmk and puVW40 servw hut we pwmftmd daf* the con#ppodon period of any D%Vlbn and umil q0ty u-pames an p1m gL" =vioe WdOWM& §0999A, baL No billboards or s4p of-y kwA desip of to da be wected, placed, W=V4 *Wkud mamt2bW on say Lot.or bVrwmmw Wmm or wAm doe 944viow or awept as &gum.. (A) "Pow fwe. uper Rate or simile,jgu.=d 5w, WaIM4,14 the uw Butaba we parmiwdou,w pov�ded me Ap compmes *Vh =W4 31=411d 001M W~ Makfalines ,,Mmd in 6, Are? or the Rules and 0)) Sk- of RY ushm located on Camuc, Aress or ald, byteAssociationorDealigald, nXimat and id=*ft ovmc;,s names. am U&mM W Tenvomyor pwaaw 4103 on L'" g by B. SWS and RWSd bout signs), ad 807 Othersisas theLvE aid m the d*v*1*PMtW, 14500, "or of the S"vwioa, mcluft& but Pug Irouted to sWu MdVwdMS err mark ftX the Sumvnion. and* =am hoc,; (d) Signs 06-vill"PuMuSd SAM= to Swdm 7 ofthis Aar Wr,toad 1 0 VIACOM Aw only,�Rc9lseahr 26 it c (e) Political signs (f.e., signs that attempt to influence the outcome of an el including supporting or opposing an issue on the election ballot) may be displayed ou a Lot by an Owner of su o 45 days before the day for the election and on later than 5 days atlex the election. itJ NN,,�� Signs may Bever be affixed or nailed to airy tr�Ts it be determined that a sign erected on a Lot does not conform to Architectural Review Guidelines or the Mules and Regulations, the Association or Declarant or their respective agents or assigns shall have the right from time to time to enter upon such Lot without any liability for damage, wrongful entry, trespass or otherwise for the purpose of removing the nonconforming sign, The Association and ARC have the right from time to time to mvise the Rules and Regulations and the Architectural Review Guidelines, respectively, regardittg signs in order to meet they needs of the communityor satisfy any governmental regulations, Section 77. bykbWu. Against Um9oess Activitv. No btu activity, including but not limited to, a rooming louse, a boarding house, gift shop, antique gyp, landscape business professional office sir or the life or any trade of any load wbatsomer (in which clients or members of the public regularly come to sty i traffic is generated in the Subdivision) shad be carried ten upon any Lot or Lots; provided, boweve haseda shall be construed so as to prohibit use any portion of a residence as a home office so long as (i) no cliet�a of the public regularly come to any lot; (W no significant business traffic is generated in the Subdivision an account of such use; and (iii) the use of such Lot otherwise complies with applicable zoning ordinsum. Provided father, however, that noticing contained bertii t shall be *=mind so as to prohibit (a) the construction of Dwcnmp and Improvement& to be sold on Lots or the showing of such Dwellings and hnpmvemems for the purpose of selling mouses ire the Subdivision; (b) Declarant andlor its marketing agent and initial builders of the Dwellings from erecting, placing or maintaitmng signs, structures and offices as it may deem necessary for its operation and to lhciiitate initial or new construction home sales in the Subdivision; or (c) any activity permitted by Article M Section 10.. Section B. Minw mid Drillam No derrick or other serene 1 in baring for oil or natural gas shall be � planed or permitted too any part of the Subdivision, nT gas; petroleum, Whalt of boxdrocarbon products or materials of any kind be produced or ettracwd from say l Sttion 4. gmft% Dimosal, Each Omer shell provide gatbagc receptacles or similar facilities in acmdance with reasonable standards esiablisW by do Association,. or a trill -out garbage tack of Ste type approved by thr Association. An Ownces garbage f1scrlities shall be visible farm ft mom only or; the eveanq beRsm the day of garbage pimp and on garbage lackv days. No garbage or trasb incinerator shell be vermittod upon any Lot. No burning, braying or other disposal of garbage on any fat or within the Subdivisions shall be panuitted (except licensed contradom may burn coutzuction debris during the period of auction or impmvcmerds an any Lot if they have been pmporiy permitted). Notwithstanding the foregaim& Deelaesa2 or the Association, w0pot a vote of the Members, shall be permitted to modify the requirements of this section where necessary to comply with the c sal bodies, �� i neni character shall be planed upon any Witt at arty thr., provided, bowever, that tbis prolnbition atsall not apply to used by dtts contractors during construction of tine Dwelling or (ii) a portable Wilet structure (i e, louts potty) in4omsection with the construction *fan Improvement when .local governmental ondirameh and regulations m*dre the prasamc of such a portable toilet, it being dearly understood that such temporary ry shelters or portable toilets may not, at any time, be used fm a naidence or permitted to remain on tine Lot after completion .of construction, Prior to pbscemaot on any Lot, all temporary construction shelters much be approved in writing by the ARC. J%fM 11, QgW ftggm No teat (other than small overnight tents used by cbgdrm attich remain in place for less than 24 horses), lento, acted, shack, rraihrr, mobile home, modular home [tam heron or otheror atr wwm mbaU be pkccd on any Lot st any time either temporarily or pe�nonfly except as pxovWed is � c nor shall aboveground swimming pools be permitted, C 0 .. SmOM I2. Cbot> SdIML No clotheslines or drying yards shall be located upon any Lot so as W be visible firm any Common Arm or f vie any Aoining property er:Lot. &W= 13,, Vebicle and Q,j- tact ftd t. No mobile harue, modular home, trailer (ear r with or without whoebs), motor hem, tractor truck (other than persond-se pp trucks and spare utility vehicles), commumai vehicles of any type (including, witlmut limitation, ears or ttaeks with advertising signs to lcttrrine), camper, motorized camper or trails, rational vehicle, boat or other watercraft (including jai situ, wave namers and similar craft}, bash trails, motorkad go-cart; or laud forms of may be stowed or parked upon any Lot, on the Commons Areas, or on any right-of-way of c5 p - the Subdivision or 4oining the Subdivision by an Owner, its family mambas, tenants or contra 0 in an enclosed gaffe located on a Lot or otherwise in accordance with the Rules and Regulations. lac tv for paridng of vehicle oil' of We alleys, private lanes, streets and roads within the Subdivision. Notwithstanding the fmgomg, but subject to the ordinscoes and mg"oas of any governmenml authority have jurisdiction thexoof, ($ delivery and mains mme vehicles that are mot owned by a Lot Owner or its family members or tenants may park either in the driveway or on the straeis and roans immediately in front oftbe Got for which the delivery or maintenance is being provided for a period �[ #(l�IillleTS ofPW got to eseatd g homs, 04 an OwM,,t s 6MAY members and tag may park y fog a period not in excess of 24 hones non. &Mb and vehicles w! axon. the Lo or lison d the 6L'�4 � "'Mini Of Slit O*MWS and � MradneS �3' be padad an. the iQt or on the Dwelling or other• kTjovem�. M Owato t>r � dig -die txranaion wd� the c cues of a Lox ye- vAitbia flu Subdivision r within AdY Poatioe of -Ike Lots AW repair or room my vodticla mfaayUW upba a the movement thereof to a t () ii or (it'}.f- emer�cy ftpAk% and that 0* to the exka neengemy m enable P•vpa re411* tbc1*- vift ars of tine contained in"seetion are to have tbe& vehicles to%,ed, at dro Owner's evens-, by at tine direalo u of the A%saWgfiqu, and to the Ievy of fixes by the Association in aide- amp , as may be Odmv w ddwwised from time to time- by the AteociRdom Addifimmd roles arm IngWatim jqj,,djag use, ap . pattern& (bo& oii',*w and on -stem) and sbfW of vd&tm im the SuWivisicm may bop andgmied i}om time to timeby ehe Assoeindon. Swdw )4. A.,.litaeer. lltitlffi . N0 aa* tenter or adkft toiletsjjElto In deer &&&vlsftaa Portable touch wlti be allowed 0* during MOSOtwtimn as p ovidad 1a Se>adaoa 10 of tbia setiale sawtr syarem. Ewb Owner Shall ba rtgo=ble for Ike � v be saruad by Bnmswiok CoQty woos and ftfim is,.{w . aevrert»p flee and eleel:rc n fie and Piravrnr : or *Works of arty vouty shall be AMMIPod upon the LA* or Comoros Area The term "figs eAaaia hic[WOe widrast bmitsfim, gems, BB 909 PORK goaa ad odta suns or pistols of any k ad, eialba, We or method of p gmbion. No huO tg otfany type veil be carried on oranamed on the Property. 1 No aeimok avtldW kwmb * =Pdles urpnup Y ofany load erball be raised, bred, or tape on rosy txpt liar doge, cafe, m other usual and domestic household pwa not to axcasd a told of three (3) way ba petmd Igd on a UY4 provided, hawtva that elm iimimrion to � (3) shred( eat fordo acw W gab or a*er aquatic amiiaaas livinginit task within a Dwellz, Dogs sink be tawW at all times Vbw on the Comm= Memo. No e pa -itW to MOR the S"Vidon, aad the Axaoriatben may have stays and dogs that era not kasited sad mne a picked up by gova menjal ainhoe . VWN pets xvhieh, in the Sole diaaatim of dra Anodah ox4 "collomble mue, or eonstilnb a asimm" or iw me 10 Ike Owners or ode -LAM Ahab be vemnoved igtca 3 di' �Asswkdoa. Nq peter shall be lagtt, hwd or usintniarad %r Comum Area No fair a ma lox on Comte Arne fta,. trio for immed'sataly fmwv* � eniid waste 0f a* pet PAY or patmaitted tci reaosin oa any tot. ad 9 ad by the vn Soo�I�a, �n -wap, and cuhww, ifrprined,;ustaIIed iu. Ad) be of* t M.Vade Lola is MY be atcci and by s of dwell. drivavray(s). If newer to muh* thsoagh a A=W of Mf�sY, the Ow= ofm* tot so ao:c=W"here an tAaeatite it over drat pmou t afthe sty Lot witdia rob. dared dri VMY for t+aaaoamhk nam of the deilenwaY, wham vat b 0 shall sluee uppity to the nose ofmainImm a 0f such d waway and �w=Wlbr � sad dseof dW Iota as red Icy the alprmed driveasy rood repair a d gunmen. ifthe Ornncsofthe Lots sfrved by any sawed drlvewey erne enable t0 Agree qasaidd&dvt rny% tribes ai r=W ownee, data have 8sc tight to ** to the Borah ofDirector to iatemaoe Of the E)vvnara of tla sbaned 0{ � �'� and �g by Y, d, have the right to make Aaty tueeeaety repairs or perform any sconswy, im ad okur 60 0f sams in e*W potions as art Indivliirral Aaeemement rritsi W the iota served by the shored dAvaway. The ABappiatima aaaaTl have an+eaaiement to anser epaa any Coat fwwp upose ofpwfoem ft Mpaba m maim a 00ttin fd in tbas seccioa. bIAROA. MaiHrmces l ivary ice, ileclaramrtamy pwvjda bcaba, for caves mailboxes for &a 5 &&pbtoa, and no otber mw7bwm abode be allowed :love Apprvived by the ARC. No pelmet boxes (2.6, outdoor boxes or mapiSGap, for the delivery of M-TPSP= and similar mataid) aura permitted on may Lot. spadon12., Comm and parL•dev. To am a � am vdd M print ARC apprmsri. N= by dtdha kd no gtatrge .may be converted to erials similar m the Dwelling and is *ale in der closed at M °a aBIke a o of matadefs t� orvuhea gAiagas ere Ltlt watteardad. 1260 20. WAS and M*t�n'� No sprinkler phgng or urrissona aysmms of wW typo due dmw upon water form . Mmuk WOWS- likes, Pam, . cook or otbu r ground OF surfacc waiaa dM be installed, aaarteta 14 at opmragad within The Siibdivssicn by aapr p umlesa p watten approiral hae been rrxieivvd friom Me ARC This aeaion alisS not VVbr to Declutumt, and it may not be amended wb oid Deciarsat's written cow" en tong w De MrW bes ffio rigarc to add prgsft2y to the ffiandi viaiaa in aaeatdeaee viidt Ashok XL Snodwn 2. No Pnvata vow wdk or nsfividnal driotdng WaW 474plysymm ate pwmkW Woo my 11.fiarp-. r� a.2l, POVAIL UIM Pod Watts 'oa t Ex I Was and Reguladoins, na panda, kk a or water xa oa Arens shmm on any map of the Subdivi ' nrittg. boating of divim . nor shall the use of persartgl taoawtiom davaoes, Set s or cow# itembe wsdgm POW or h&c. FiahmB by Owners, membeara of tbaAr families and tavrtota Ai peraantad aflajemt W Ara itEE and BegitlatEmos oiocks of hemmers shall be cot es tad auy *—ban of dre pords or lalws ens atenhad to the shoreline or banlar thereof tamaa their may be copsorWW by Daaluenl, rise AaaocWWm. Eu ere 4poved by tW ARC. Neither Deedarcnt aw dre P-ModAdeb d wU be rwym" for fury lass. daanage, ur bajtfry to OW l—OR or P vpaY'orkWg fat d the U IL U IIIII M-_3, HIM a a,� a d ar's:ea:4a: ieuthotized or unauthorized on of ponds, iskes or water retention areas within the Schdividoa, as all persona so acing smelt do so et their own rislL No dredging or filing shall be undertaken on any "Oeai y water body. Declarant makes no wanauti¢a whatsoever as to tho water level in the water rerenti to their continued existence beyond the time that dews construction of them has becit completed and thpis 1 and tamed over to the Assoeiatum. No person shall interfere with the operation of any pumps, fountains, or wad h rod on or in cormection with any body of water or water feature. (See Article V) for additional provisions regarding ponds and hwkes). Declarant reserves a temporary construction easoment of forty feet (All') in width adjoining all Common Areas to clear and grade the land and enter thereon, without lability fbr any trespass, for the purpose of constructing, clearing or grading the Common Area and ponds and takest such temporary construction Comm to expire upon complation of construction of improvement of sane. Section 2.2. Artificial VesouttiopExterior Sctilntum and Similar items. No artificial vegetation, with the exception of specialty use areas such as Common Arse putting greens, is permitted to exist within the tesior sculpture, fouotains, gazebos, arboretums, flags and stadar items are subject to prior approval of the AU; nothing contained beaein shall prohibit the appropriate display of the+ American and North C;anolirta th PT statute ¢ 4717-3-121. Sm"23: Play Structures mad Yard Accessories_ All permanent yard accessorics and outdoor play shttctrres including badoetball hack and any other feed game accessories, located on any lot are sobjext to the prior approval of the ARC. &gjks 24, Eneaav ra fc rr+. anon Eoudvmastt No solar energy collector panels or affeadoot hardware or other energy conservation eft thhan be vonotructed or installed on may Lot (other than within a Dwelling or other approved structure) amps it is approved by flea ARC. Section 253 i Trots nay be mmaved without prior the building foundation area of the Dwelling and within twenty feet (20`) of the Dwelling provided th� welling has boonpruvsd is writing by the ARC. Except as provided for in this section or iu Article N. ,, or Adheres X of this Doclaradon, no tree six inches (6') in dismeter or gmftr at ground level way be cut, removed OF, damaged an any Lot without the prior appruvr,i of fbe ARC. No Owns may Pam, plant or install a palm tree (belongiog to the Ane4cw b'ly afpbm) wii3wvt the prior approval of tho ARC, %#M 2626. Ehyam and gs Chance& Nn changes in the elevation, topography or drainage cbmaounisties of any Lot may be made without the prior approval oftbe ARC. ` Deelarma any establish, subject to rVdato y a separate boat basin to be located in oradjsccot to the Subdivision,. The boat basis, if established, may allow awns by was Members. The boat basin may moiade a day sl ,al and dock(s) for community use. The on of any boat in tha subdivision is subject to the term and conditions ofibepermitissuedbythe MisionofCastal•. ,`ti Mand the Rules and Regulation. Section 23. D2gj& Pions, d andinva. VdhK%.A ajWl go Sul , No dock pier, lendin, w*h4 seawall, bulkhead or other structure shall be constructed, placed or allovmd to remain on any body of water or water cotuss within the Subdivision or on the Intracoastal Waterway ate ming the Subdivision unless app¢uvei by the ARC emd any applicable governmental agency or authority - Section 29, aR.M on Rentals and No leasing or reaft of any Dwelling atWor Lot shell be permitted fbr a term of leas than thirty (30) days (unloss approved by the Board of Onv aims), star shall any less that the entirety of any Dwelling be leased. All teases sBali be in writing, and.any Owner to lease the Dwellmg an the Iat shall be have a copy of do testae agreoruent subadned io and on tiler witb the Association price to the commencement of . i5ty bUga shall speci6calty incorporate the terms of this Dxlaratioa, the Bylaws and due Rules and Ref wela a conon of the lease that the occupants of the Dwelling abide by the Governing Dom $mAm AntenapN No Owner seamy erect, place or maintain any coterie• radio or television transmission or receiving ametma on any Common Am incept as provided in this section, no extetior radio or television transmiswu or receiving antcmua may be srea4 placed or maintained our any part of a Lai; provided, however, any OTARD antenna (as lxminatl'er defined) andrelated cuing exhaipmertt may be encoded, placed and maintained on a Lot or any structure on a Lot as long as such shall be located in a place shielded S•am view from the shoot or driveway teal other• Dwell W to rho maximum extant possible, with tba view that the OTARD Anteraaa not datract from disc overall attractiveness of tee Lot and Subdivision ani is in a location that is at least visib m the street provided, feather that nothing herein. requires as OTARD Antenna from being orecte8, p or ma intained '-� ac p� 4uality signal cannot be roceived. Prior to Me installation m phxement of as OTARD tify the ARC ofthe intended ioaitsilstiEwn and provider W ilae ARC a limb, plat or trap showing the in a brief eaplamation of the choice of such location . The Association reserves the right to inspect all installations in order to confirm campliarme with this sectiou, and if legal action is necessary, the Association is entitled to recover its reasonable attmaoys' fees, costs and expenses incurred in the eafkawment of this section. I��I (��jI P 11.11119 AMP This section is intspded to crmpiy with the flue Thu Air Rr Devices Bask i47 F.R 1, � — therevrith. For purpoeas oftbis ae etitxt, an ooTARD Anterme" is: l k ° to he muegued one intent (a) Anyaowm oure y� mulls , , txae moot and tared a ramve throat, btaedtwst sstauita smvxo (toolnfin at (b3 Amy sttsemoa of n dimmebr to "ecety a or heesmk Rxed wirslasa a vie soidSte; of ck+t ginater then case IIW and used to moelve video programming servitxia via mu*oint disail m sear W (ice . mab"m diattibi m soavicee, lrtsaacimnat dm vie seteltite; r m itp, oor et tAted sy-W6 sad local dbpoitti d"b6ouan sesv ) or to receive fixed wafigts ixdm ttaotb, ic) Aayaatmum dwt is used m receive takWelon br� stgaola, ARTXIE p s g3 section 1. AA sutrctutea of evaY type and ae, shalt be conamocted, placed or erected sutifLia the Suhd;ry sioa. axcordaace rite p iom of this A�*k illl, Africk IV (Archimebw t standards end other pmri of this � AH prapagr in the Sub kvmm is fima r to. nokaw awrameatd, reetiicdoes amd gvt>s�C=tM� MOM (1 .dot limited an Setbaoits) im WOW ea the plats of the liubdivisim planed df netwrd by DMmm to the extent ailed as sat tooth an smb n m*d pleas. Only den OMOMWM of>esidecM btnwp"be ppr.Wd err a �, 8 p tt6:. moving of ao � m' hereof- a Lot and � the i of this cWenet3t to or axnverting arse 3sto e:DweUinB. fret Ofeacload ktamd living area (exclrtstve of A Dwd liqp m be;#t�x+m, any tat abaq have a udnummm of 1,94f squan� � tom, de :s atsd �q?; �i ate). Or ptxijectiptm ofeety Rind t},tadw6 )shalt be eroetad iiotioh,;yaf AO[ l�atad tn, lie, +1cM. sanuaantnS Poots< nee dW plat of *a Subdivision m as daaarrOnd in rite I wbmtim or aywtteod wee or asaross a# the Sefficck tmer alxrwn on rho soh Setback lino. In order m � o so as k be mesrer to the Lot bmadaty bw than partierie view ootridans t>t m a hcm for my be topography rannral site fi� odixnr metetmatiog w of the Set6acta satY be r by Ac ARC as Devi iodnd Article W, do[actad, stagier g toPIMW or s a buAga to the bwWOO& Provided. *0 be Owed, Ay be attadted to the tba ARC *l � of Ow Dwelfaag. Alt Smoges shall co afotm to fe arewmew d , rmix olio DwLs� s daiacltecl ! t ttitttiuga at other to 14o ptsaWP% Me approved by tiw ARC and oatewttelod, may be olunmd or oonvertad iota a aatdtipfpt ueademx. -� cpasdcl m Wrkr wails composed of amcmk block. i alooa ,rmprr, and im7t�na asphalt is p'b,bpd, asphalt teick sidsag, tar A2gdm 7. o� aonuaotbradtmlt� casurww a m' NRW% Fil to MUMOMM of work on a let e pang bond to fhw oftka AmodmW in tbo amount of SIAW.00, or such oft smas is esmblkW by the AKC foam tiara to. time, to Mum that the coo4aator, doting rncppq, &a is S neat, mud clean mnnaea s See of ty Aw or debt* and to enaere tsmt the eono-actat approved trlarls and swmcatiimsw t6amBu. l� the bWmvcumb to acaredaam wirb the (b) C.atetrnctor Read Bond Tho ARC many soM ms, pry° to Cawmmmmmt of work cm a tJM, a aY coetramOr vJbm it a $ZSM.ot) mod band, or rush other sum so is by due ARC from '{lam to � to aestuie than afneeri and curbs in fiM of Lot on wbkh the � is g we mat ' hmugbnut the ceasunctktn good s mft coodition as they wan in when Pmm in rho same fight-of-wygs and drainage swain l ate that &&pauper Meaft ,� ,cp of apphod ionaccomary � = camtamctiaa and its agamix +SuY tin of the coed beard not tl 5hautd fiat eonuacma sat perfatm eider by tine cad of any busitteas dgy of at file mot of a erll of the -U ueeft ctiuo iv or ePF% bond =Y be used to bring rite amum um imnn o om*lieawith the spprove d pluga end Special aligfit ,acme n sari far nay a or so site 100[licg vwll�l POOP K..'`1r maintenance and correction. Any portion of the contractor bonds remaining at the end o e construction and issuance of the certifmte of occupancy will be refimAW to the contractor. , E `� p CD� rs Section 8. east Construe i t*44 ping and other improvements that have been cmamenced on any Lot must be prosecuted with reasonable dilig to repletion, and no partially completed Dwelling or other Improvement shall be permitted to exist on any tot except during such reasonable time period as is necessary for completion. All comstruction most be completed within the period set forth in Section 10 ofthis Article. The Owner of the Lot on which the Improvements are being constructed shall at all times (d) keep public and private stream contiguous to the lot free from any dirt, mud, gravel, garbage, trash or other debris which might be occasioned by construction of the Improvements; and (H) require its contractors to maintain the Lot upon which such work is bc* done in o reasonable clean and uncluttered condition and, to the extent pm blc, all construction trash and debris shall be inept within refuse containers. Any damage to the roadways, curbs or sidewalks or any part of the Common Area or any utility system caused by in Owner or Owner's contractors or his subcontractors slmtll be tba responsibility of tee Owner of such Lot to contractor or subcontractor constructing Improvcmemts an any Lot err within the Subdivision shall � mil 'srcn free of cmiatruction debris In accordance with the construction rules established by the AR1C, if ;�n Sation 7 of this Article and shall similarly keep the poruds and =Mgoous public and. private arose *- f zei spud, gatbs8e, trash, or other debris which is occasioned by construction of Improvements. The .Association may levy an Individual Assessment against an Owxter and such Owner's Lot consistent with Article tell to pay for the cost of tepairing any damage to roadways; curbs or andewaft or any pert of any roadway, Common Area, or utility system, to pay foe the cost of cleaning public and privatao areas, including the: roadways in the Subdivision and to pay for the cost of the rermval of garbage, trash or other debris, which is occasioned by the activities of an Owner at Owner's general eentractas or subcontractors during the construction of Improvements in addition to realizing upam amy bonds posted putsusnt to Section 7 of this Article. Sr d= 9. Cat of .Dwellima and other Constractioe. No. . anything to the contrary herein awed, construction of a DweUittg on a Lot mw be commenced mrith�--IyDlb— and period as permitted by the Board of Directors) from the crate that such lot is castveyed by Ideclarmst teahas not cowmenced construction within such two (2) year'period ar arch longer perod as pe rmittead try tb�551t and/or the Aastxstatton may astfotce duds oeveoant by stay all � legal trews. mhhdin& but mired to, the Imposition of a fine by the Board of Directors andlor tie innstithdion of in action at law for damages ar.in equity (including abfaming a mandatory Wimiodon requiring the eomo mocimaat of a Dwelling err such Lot). section 0, Qgmgkft ot IMmmU. With the exception of cols ructban which is interrupted or delayed doe to,fnre:m swjsars tmcludku& but not limed to, strikes, national smotgenoies, or physical damage to the work in.ptoge8s(sncb as damage riche to Foe, ligb ring, whAstorm flood, bail, riot or civil commotion, explext w. ex tha8)), the construction of say Dwelling must be completed within oat (1) Year of the commencement thereof (such cam*don mcasure#d by the issuance of a caffmu: of occWomcy or compliance). and any Improvement other than a Dwelling must bemad within sm(b) months of anent of construction taure4 except in either case with the written consent ofthe ARC. ifpoxi comPl 0dotermines r m 1 s Its oontractors to immediately reanove all equipment, teals, trod construction material, and loran of the DweUla $ or other Impmvcmertts taro any Ian is not cozpMW within the required time period that construction progress has diminished to such an extent that completion of such iiuprovanumt is emlr'kely within 120 days of the expiration of such requited time period, the Amociston shall give notice to the Owner of such Lot regWft, the Owarer, within 30 days of such aotioe to remove all construction work in progress, including without limitation, the foundation and all building improvewtals and all stored building materials, and fill and grade the Lot so that it is restored to its normal .grate level as exited immediately prior to On coamimpeme nt of such Improvement. The Associatitat and, until the Turnover Date, Declarant shall have the right to maiem ttic ibis work apoo Ownees fahlure to do so and charge the COO to the Owner and to Mime such charge, assess or cause to tte assessed an Individual Assessment against such Lot upon Ownees &ihne to pay these charges. A.]gC� Ct?3vFfllOL Seder 1. GOUMU No site ration of a Lot (including, but not limited to clearing, excavation, grading, ovation, elevation woe; landscaping, sloping and rather site work), construction, aoedg% or installation of any Improvements; or removal of arty such haproveamls previously approved by the ARC shall be coma»d, arocted, phcA altered or muntain d upon .any I.ot until the plans and specificabous showing the nature, kind, shhape, hr.*K materials, a xtertor colt; siding, locate m and elevations, of the proposed impmveownts or site work (eahheouvely tha apkm rmrd moons'' shall have been a Emitted to, and approveed to writing by the ARC as provided in this Article. Any change to tntterior allpearamoe of the hmdsca ping shall be deemed an alteration of an improvement meat requiring approval by the ARC as provided in this Article. a ��. {� ve exclusive judsdicgoo over all conswacuon on or alocmhon of the Lots or any porticm thereof has hn "Article. The ARC may pmpeme .ram, on behalf of the Board of Directors, may promulgate Architectural Reviev� consistent with the spirit sad provisions of tfik Declerathon, which may include an application. for wchitecturah review, appmved color pages, approved materials lips#, approved styles of construction, approved plant lists, guidelines for the display of 4nage, standards and procedures governing the ARC's areas of responsibility and prnd%a and such other rules and xegulatierns as the ARC doe ms necessary. The ARC shall have ante and full authority to prepare and to amend.the Are bitectu al Review TO PW- tG of Zi GWdchnm Ilya ARC AA make On Art hilactarml Review GuWdiw available to OWDW4 bxildersad dmkptn wim sock to gage in &WIOP=m Of Or cOn*umoauP= all or METPOCOon ofdw Lots, The AR I Zinc shall be see '*metLet lice" in the cm whm Lot i sate attest rigk iodwjpw or m-deskwft wbich at JbrpurpomG(cmVli94ftVVASdOm4mand 00mr, 0 1. 4 Smadion 3. CMMEOWdm Of ARC, The ARC shall conWm Of at kW dM (3) but not axft Oft five (3) Pasom appoated by the DOMMI Of Dhsdm. The awmbm of the ARC do not bat to he Owum. NOtw'dmmI*9 flit fimPiu& for as long as Im Dr bmo or WATUREWATCH LLC bPW a Class B membaft m do AmcwAM (1) Dedmant shall bmv the right to gw cWhIdon of the Bowd of Dkacftmm, vo zppoiat mmobars of ft ARC; or (b) Dechra estsbUft an ARC, and in zMa avco� upon DwktWM,s weX4OYemjxmc' %" all of See T*U, &WwdtY Bud power granted W do ARC wWmt a of such rights:xdm* 940 Pov.--- Dwbmt dud boilk no W=uw from ali MNbMk* Oft an= Odgmas &ARC vuft&kDwAwadn& *I laworinaquily. Dw4wmuWGmj4ddrddw*rbO&of -44bk fors nwr&d with Ow Brum"Vick county Rc&fmr 10, �W "Pig, it legal ARC 11. wbukaffid'10 Ow ARC for q*rovai 2m�� Us Ar" shall be Specifimadons (ai�dw via Annof one. if the ARt: to u+espona to tiyu Of awl plans and W04 Phm and SpwWw4xfidx% sonaa a4vubmbaW.of DOCIONdon and the Archkest; r I caudsW with fik Mm to ad shall be die an8roduet tw Omb ftqpvmd by file ARC of anch Awroval cc -�a It $Mbt3f of wodmunsb)p zW damign and harmony of eternal SAY mdudiag pm* aa4ww and ankonmental mal design Wshog Shuchnir, WA tocadom m mtsom to wavandbmg structures, toposrapby, and fiamb Orade clavaboa, an vdwA of tk ARC. ARC qpvnb mad by figs " be in writing and we in mWWmo t Dedwation *4 Owmr,wbo submitted pleashr VpVW b theAmr- WbC*k VVINUMM muthw*. Upon mq—t of am awlk OwawvA a latter ddhig that swb ph= sad SpNISMAcs have bees mppuv4 and to bW may bt ra* by tbird PaIdes. The ARC nxwm dw right to voq*e Of plans and Specificadam and odic r Warnotion index this scodon to be cidw in writtim *r hard copy form or atibuftW via v*quuW=gy and an farms that tany be Pmmu%oW by do ARC fivm time to jkm Agaiga S. ABC Apirovat t AM ramomJ* coo Jamored by the shalt be do ARC in nniewim net!RNMIMS 8PPEcaftes to the ARC Of dye WhORAL Umbld spoafficaly vjWved by ibe AK 00 Wboldons and #"Wm of ftmF and SpvmficAdm =qWjmd under db Doclarattgo IbrAVvMW by the ARC must U wmonWamW by Oft aanwc&md mview Aw ofSM.OD stir much 06er iona as.b "Imbliabod by to Board of Directors fins tires dum on sgcdm 6. EVA Ni --f- "Imaaft OMYW89 hmin 10 dw coxtrafy, no approval by ft ARC Sban be re"Uad to repaint did macrior of MV mm ! WWI an mmhwzy approved Oder schem or to mbolm tm WWOWM A W*NUY mw.-.d Plan. and 0oulamd harm d" be ounsfived 1. limit ft n& of as Owner 0 rm� &. blViOr of rode Owner's Dwelling or to POW *0 kdwiw any color dMake& ARC ficum ganmWguing VwTw*y aver to do so. RvWw GW&lJmw for each phase of the.S"vism Or Pwfim thereof and dw ARC is Bogdan L AMMmCmOUNtactiOn . Z='� d ;d!rnafil beftmposibiHtyOfdwO*VaoftkLot a&cOvmcegbuiUw, The DamoVodobeofftAmmordomaw", Syapproving nary wbrsittad Plans sad 0",=m, Dachnut err an ARC. UN-- (9) WAnInts (1) OW the wbmftd ad approved Plans and Spw4ficwdous com* WA sly qVhcabie $*Ws. Wm. Odloanons or mP%Uow of -Y Pm--W Or gnarl Vv-mmW =111014 or Wwr, (u) that the vibmituml and qpmved Plana AW SPMBcGum are In Ow Or 00"1*0 wA good ad&or sound Pudmw, eubw Or Sian Om the kwommmicas to be constructed am Mwmmf9WAt or OfSond mdsaftims desiv or Wamy. or ('V) drat tit* QODUW.Qr TAO yarfickww k ft OXXV#Ww of maY bnv&vm2W is d* quWMW or Ala in carry its lobl4pfiow in a good and wwkwAU tt and (b) Is fesponsffile for any defects in the ph= W Specit an in any hqxwmaww wactad or ms& on any LoL A Scation 9 Adjag& The ARC , ve flee power to paw of 40Y. ad —� SHOW or ftfnsv, vwmw4s of and n4vsumts Of Any of the futrictiOm O*WMW bmW or in the Arobitemnal Review Guidelbm Will! "Bud to Setbacks mg matters within do mmp of mdbm* ar mVomUby of die ARC pammiant to *h Dtckmdm in mW to wmeome pac" difficulties and pi. 71 r.wZ, r ,-Kv,.-21ot'T hardships in application of such reshictions or when circumstances such as tope nathhral obstructions, aesthetic or enviroameaiai consideratious may rex uiM provide 4, however, that such variances are do th the intent and purposes hereof Vansuces way be of the height, size and Setback requirements to shall not be limited thtueto. Such variances must be evidenced in writing and must be signal by at ]fast a 0 of the ARC and shall be effective upon delivery to the Owwr however that upon request of the sfimcted variance shall be prepared, at the cost of the requesting Owner, in form suitable for recording in the land recorrds of the Brunswick County Register of peed&, and upon such recordation, shall be binding upai Declaent, the Association and other Lot Owners, and may be relied upon by third parties to evidence the variance approval . If a variance. is granted, no violation of this Declaration or the. Arehitecturd Review Guidelines will be deemed to have occurrent with respect to the mattat kr "Web the values was granted, The granting of mw h variance shall not ehperatc to waive any of the terms and provisions of this Deaiatatien at the Architectural Review Guidelines fur any purpose except as to the particular Lot and Impmement3 and the particular provision covered by the variance, nor shall it affect in any way the Owner's obligation to comply with 811 statutes, Ordinances and regulations affecting ttte use of the Owner's Lot, pecan Isle Beach including but sat limited to zening�,,�adinaaaes and sethac o Imposed by Brunswick County or the Town of n n . F� r life of Directots shall have the Aasaeiati o enforso in crstmds ai mhy and standing, on bel4alf of the en, caiugeteru Juriadicdon decisions of the ARC. Notwithstanding anything herein to the contrary, thus Article IV may not be amended without Dtdmnt'a what consent as lehng as Declarant owns any land subject to this Declaration. ARTICLE Y Addiflanall Pry es to Buffer Argr a, Powu rind Co 9n Area irrigction .Section 1. IiAftr Arngf.. No cultitrg, or , or Iausdscsphrg of any kind shalt be made within say Buffer Alen and no construction or erection of anyactvities shall be om svvc permitted within the Buffer Area euept.in each tress with the prior writop consent of the ARC: - Area shall surround every pond and water retention we within the Subdivision as depicted on a recorded plat of the Subdivisiom As Ur provisions cemtaiued Mecum are for the preservation of the woffictcs and privacy of the Subdivision, in the event of the destnretian or removal: of any tree, shrub or landscaping within a Buffer Area within a Len (except destruction caused by act of {and) and to the extent that the Association is not abligated to mprlace sunk tra dui* or wing pursuant to Article X, Section 2, the Owner of t)ta Lot upon which stash tree, shrub, or 1at>dwsPing was located will tame same to be rephued or restored with it comparable silo and type of tree, shrub ar hmdscaping, at der: tat O`,Ynces cola ettpetsse svithtn sixty (60) days of such destruction or tumoval &W02. Dwian its Ript�s and FAQ+"'""•a Declarant hereby n .t over, uodax, onto and semen ail Buffer Axears for the purpose of resoring, atxi Ina .s Ping, The reservation of these easements shall not place Declarant any abligetiipn to , and retell paforma oce shall be solely within the discretion of Dcdlestmt. The within sights of Declatant are ' `� rights and obligations of Association stet out in Ahtiek VIl, Section 4. The easencds Herein feserved in this section expire on the Turnover Date, are rtom-exclusive and Shh&H n m with title to the Lets. Sandal 8121118, Of 944-09AM& If an Owner toes sot replace, trees ardlor restore landscaping as and when required under Section 1 of this Artknle, the Association simli have the right to smatert2lee this work upon Owner's thilme, to ek so and charge dw cost to the Owner and to secure such charge, assess an ImdivkhW Assessment against such Lot for the cost t v efor. 4, gAmnl p cud. QM%d of Pomd& LAW sued W to No fight title or taterest, Wltrding, without litmitatiorp, riparian rights, in any pond or lake shall attach to or becomeRaproMed, o any Lot by tessom of or upon conveyance of such Lot by Declarant unless such conveyance specificafl ;reserves an casement. upon and acmes every Lot to maintain such Ponds, ]aloes, am water in Arti de VII, Section 8, and the Assockiisa shall be responsible for all ms$m haocc of such pouts, water retention, awas, including but not limited 03 monitoring water levels, maintaining"any fow►taios or amudon devices, cad providing lake Mugation services (l.a. aigme aoobw and me mbon). Nothing ui this section shall relieve Owners of their responsibility to prevent the development of any ti-k u, tataighty or unketopt condition to the area of their l ut bordering the Cammoa Area NO" to Po and ratan,. subject however to the Association's obligation to maintain the grounds ttheseoftmder Articht X, Section Z. ARTICLR Y.1 Mewbmtfip and Vettng MgW in the iron seer 1. Molbaft. Every P J who is subjected by Ou s Declaration to assessment by the Assotiation shmll be a Me:mbsa; Membership i and may not be separated from owumv* of any Lot which is subject to Assessment 12 -2014 LUO KC Mazint'nr of VW" MOP TOO 6o o 41" � .0 = � rF (j A C, x ACROW- 1 Bond -4DirR lsitiatly, there shall be throe (3)j�g fed 8aerd of Diapotora, wha shell stove lafil ee>ch time se their strrs are eta(y �ected and ageea rtrave. The tgreators and other such 0 6 dray be called iaa of the reeptart of the dent of the �s atas called ihr in the Byiews. The krepins motwifmatadtgL Prior to t o Turnova Dtae, maatbedra of dw Bawd of Dkoaora, uhicb members coed oat be OwnsM aNdw 34 The ArWes of lumpowwon and Bylaws afthe Awodashm loll be adbmed to in tha���dcpetatiou afttm Asaoclatioet. yae>aw RWM- The Asmcaat= shall bane two (2) aksm ofvatM c CUP A: Class A blembem dMM be a8 Owaan exoep t'tg howryW rieolmam or NAnWWATCH LLC only ad& Dackwo or NATURBIWJA'rM !LlE,C sn 0 CIM $ Ckts A bfaosbats shell be t ui&d to am (1) Pate for each Lat IA WhiCh they hold Se ' . t � hiF by SaWan I of this Article: Whm soars. that ase parson howa w' . soy L, dte VM attr3�bk to sins L.ot"bs caAelud as arch peraoms mndwt .. to ao event s num than one:(l) veto be ant with respect to uW such Lot. 'When any prvhw NATtiitl:"WATCR Ld.0 psamb=w as kAvid Lot or Lacs and ta$,a We dow from Deo W=k each prechowautoantW4ybwon ox a C3moc A Ma". Czars R: The sale Mass B Members " ba Declrawt =d NATU"VA= LLC. The Ulnae D jjembtrs shr8 b„ eaitled to ton (10) lrotes fbr each Lot owned. Class B MmbftsP shall cease Mad becOm epsve ded to Class A saessbasbip gran drabappemng ofgw tr bwof the following: (a) The date an whkb Dechunt no-. Pu't of ft Subdivision (iddadnrg Common Area); or {[ z Y •" �_��tit✓i� �Jis`�.�.: (b) yveaer iiomt elate odrtzwrdatian of tl>is Deotaraticr; a (c) At such time as Lk umd, in its sale &"iM "hU=fly M*qWb, Class B ttdandw twras in Wfbhl& UPetn the convereiaa of Desclatstat or WATt1REWATCH LLC to Cbw A men&ws*, Dacla am smd NATUREWATCH LLC shall m7se,.tW b,.e`ees to oea vat fw trek LO oweed Is the tames FDVWOd ahawe. The sit to awAN of (4 (b), or (a) is to ea the � � �'�aaArarJEasam 1.MMbM9fbWNMaf9WWM SabjM to fee Pravi:oM of See tmrt 3 of this tsiide, way 11=bw bee a mom= ight red oteett�tt ad dnjdymrAt red m rhea Commat Area, stitch et ftmu tiseg>pteh=Wtoandpass; addsthetideio . Shia riigbt wd tmaamant is for uaa m es»a wilt all abx ids, Chair to on a, grata, and invhm as ftiatbeo provided m to r if Dacbtirant a Additiomal PmPaty p m Ardcle 7R, sectiam 2, AD own = of Las within "a idnd phases ar p have the saute rights and Pfirilegaa with rtggrd to ante eof the Commcn scar as the Owners of Lobs ieteiiy stdsjact m this r. Nofwii erg agy erg hence ea -the yasgmy, ma grettaal Flan os PW of dw Ssdn YW= showing Additi�wW areas frill Cony httat be dtsvalup�d ss adtlitioaal phases elf tlae Snbdl " exst such alga to be taciuded or as Area nor. tbs Aialrciatiaa ee Lary Ownarbes *Rwi t ennad cad usW mcb AditimW PropertyssanuAdfo Arc SubdWi tine Matto Ard*M011r1019)TWjgOh Secdon 2 hemby eery usw for ANK is--assom and assigns,. Yon� the date ofrxordmg of ebis Dtoh rat m6 h wiU w an Associ8doo..by apaahl wgrremty deed, aimFle tiff to tlm CommaArea upon the comddions set kdh haraia, sttibjecr i4 Iles atne offtk X?ecctarstion is lied of the eaaveWce Provide( t% hareia with rnwd to the alloys. pdvew brew, Oft= dad , D00teunk tray csmaf sash ARM WWWO Waea, sft to nod mx& to be deftued to wW gavel on* as P&vWd for in mwgatpb (a) of Saari 3 elf this Albeit. If arch ago)% privw tangs woo tail roads era so ded%aoed, aaeepitmae of Mwh 49diClOW may be 000didnaed apou fan rgteamea of the Assoclatior dW the Asombdo dmit maintain, (at Association's sok eat and sad all � wd dw entrances sign to the Srb&v sism wbxh dray be located whir thefie ' w aforesaid, the Com moo Areas are intended to be drvoW w the common use gad a *ymem at daiigatad £off arse by the gaw4 public. 0991kal Btang 2fMMjbwb4=LWL The .rigba sad eaaeuxuts r ftud hereby am m*Sod to the following: 13 areas t'., ,, trr4s+eRa tt. l"e eveoa ' r f ,1 il [tC iW .r +K tMro� Ea 13 er Ra (a) The right of Doclemat andlor of the Association to dedicate, or convey all or any part of the Common Ares, with or without consideration (and subject to the in Section 2 of this Article), to any governmental body district agency or sutho ' company, provided that no such dedication, aaoafer ter' conveyance awl ad the Common Atha by the Members, and upon such dedication and acceptance, such . rated will no longer be considered Common Area under this Declaration; (b) The right of Declarant and/or of the Association to grand and lumve casements and rights -of --way for mainumance and to non of lines sml appotemmees for public or private water, sewn, drainage said other utilities and services, including, without limitation, a cable or community ante m tekvMcm system and irrigation or lawn sPriduar systems; (c) the right of Deniarant and/or the Association to grant a eascr mts and right of --way ugh over and upon and across the Common Area for � iht 'visioa aunt for the operation and maintenance of the C.ommton Arm t 9 (d) The right of vllbmCto' ver the Common Area perpetual nos-ettohtsoro msements or ingress and ogres and utility installation and maintessace to any other property of Dcciatam, regardless of whether or oot subject to this Decundion. (c) The right of the Association, as provided in its $ylawe, to suspend the egjoyment rights of any Member in to Common Area (but not soc,ass to die Member's LA)t) for any period during which any assessment remains unpaid and &r a period not to exceed thirty (30) days &omr�a.my: f its pubbsW Rules and Rgpkdoau; and (f) The rights of the Association, in aad }Aathrc of art iruxuparr>fi Bylaws, to barrow money for the purpose of and in p muonco thereat to mortga+;e the same. §Mful:4 Malalkom. The Association shall at all tines maintain in good: repair and omblicuh all common Mess, kneed property, the street pavement (if not itudntainxi by a governmental Unit or agency), drainage struetutea, street lighting frxturm (if not tasWs mad by a utility company), landscaping, entrance si 0P null ponds which acre part of with m the Common Aiza, The 8twrd of Directors actutg by aajcnity vote abnlf order all words to be done and shell pay for all Common Expenses. All work pmsmmt to arts section and all espeasea bider sball be paid for by such Association. through assessments imposed in acemlano a with Article Vfll, E.zada&d therefrom shag be paving and maimtaaanco of individual IM driveways, which shall be maimsaimed by eacb Owner. Noddog herein shall be ennstnued as preventing the Association fig delegating or bansfaring it matmlenanex obli t ILIKi governmental authority under such terms and condition as the Board of Directors may deems in the bat istorwt o q �1 v SoutioR S. Addifiamal &tm{u�JAmociatiom nor any Owner or any group of Owners Well, without the prior wow approval of Declarant or after the `lbtmoreer Period, of the Assocesdono erect, construct or otherwise locate any structure or other improvementin tie Common Arne. I OWM 5. 2dualinn of Us. Subject to this Declaration, the Bylaws of the Association and to the Rules and Regulatiotu, the right and -e ment of enjoyment granted to every Owner in Section I of this Artitla may bet exercised and enjoyed by members of am Owner's family and ftm uds of the Owner, in each case who occupy the 111w elfimg of the Owner within the Subdivision, and bygumts of the [mint:. Rulix�yComsisteat with this � aws of the Association, the Board of Directors- is aattbo vA and empowered to promulgate Pvks and 3( use a€ the Ctmnmoas Area; the regulation, placement and display of sigoage an Lots and the procedum atf `Ataocistiam in order to carry out dio powers cor&red upon it. The age of the Common Area by ere► Owner rya Owners, and all parties authorized to use same, sball be at elf lianas subject to such Rules umd ftgulstioms. The Rules and Regulations are to be maintained at the of€ica of the Associatioa or its mansgrment company and available to the members for imapection during normal business hours. section R. bmam Fru�U iliNec and Maintenance. (a) AsrtdculsrBasmmt. Declarant reserves as well as grants to the ishom perpetual and alienable easoments over sad under all Lots along sra area five feet (S') in width inside anon side and Meer £eat (15') along the floret aivd rear of each Lot for the purpose of inandlation, construction,use and opetaticm of utilities said uttTity systems of all kinds (including btrt not limited to water, gas), drainage jincluding but not limited to stotno water and sir Am draitwge) and access. (b) Cerxeml Easement and Rights. Doclatuaat rives as well as grants to the Association a perpetual andaliesabk rmsement and sight of img= and egress, over, upon, across and under the Setback areas, and easement areas on each Lot as shown on any 14 i�fir �� map of DoidD n- at TO r raWAW "W Or Pig Of she WAVWM Sudleir MR 30 ftO herein and over, VPM MY= Md under the mac Area far mWomimm ol-fieso hwalbOlon mid time of electrical and leJq*Av:e wkv4 adfics, f@64-waw =10 OdW Mdt8bk e0*03001 far the 0OMvCYMW4� U01IMMM end un of electricity, Ma WSW or otbor public convamenog or uadsj, k*dMg gn easomm ' . I rar pdveft*� tolovillim end OdIWAI& =ble end op4mot; for toiWinone of pan& sad go jeftUane ad MM t i ffishlWasive of Pnqm boolmdame w other 44=t ranted to " Andeftl"10% end far the inSWINWOR end todaftowe of k*eft s"taw Doobvint and the Amodadon may finow cut &amw % f 1* of swhw v.-Aer when such ;ione may qpm to Ded"ot and the Awablian to be oweemy in uttler to WzMh*j Msowhb Standode of h=W sr&q and sppowwM4 Haw esagmanu sed righm expnwLy include the 0& to out my tz=4 bushes or Anibbory, make AnY STOft O(Wi4 or to tab my other WoMer sedan n*9wAbjy. sgetmay to PWv* eCODOMfeat and Sok adlity or other inodlahm and to ngainjoin re"OnMe gamW& of haft safety and Weennee Docbaw fiffthor warm df- tight 10 JOCW WoUli, PuMIM& SIMMS, bnpbm rota n and Mob on Commin AmL It " sit be nocimiamy to abode Aimaddice,blitthin aservation in and Ofitself d*U motbe cooddervilm Such uft *W#IrA No SUWWW or other AMM. fiwhuft Wid :Vlm' 8W be wooed Won any pat oft m $vWvWM Which wffl hitahm with the xWo of it aN this inehWM ,without sue: 4Mficay. - Ownif strait "Oo pay buro—no. SwitidiM wails, team orl a any arm dookailad on any recorded gist of** of am &6&vidas wd* as as forth bWlde as a "Road Ri& of Wa3r, "C4mom Area", "M* FAsement", "Diablage Mcbear or "Swahe nor shall my Owner chimp the Web ofeey each We"neinarcs'MWOVAW h"vm- ftt diwowap my arose vOfY Ind dMIUMVP ONOWU At dw fift o and nofft Low MINON 10 FWVPMYW ONWAM mod that say landocaphtg jaconnom arm SW M jigg pvAgjeMPPbcsbjq iseweentend Ad no batted fOWMand WWdldMAbwY EfthOmmsW Imp dailoolpifi" sed ftdobag6d a OWW'Stot live widumObStruacd md in geo'd nPersad shall VMvAe far the instfillidw OfWh cOlverte vaiv such Lob es nisybomeow6ly re pked fjorpvWdi=gM VwJWW may, at ill F* *Pb^ DOMMeY ZPY =4 drolmago easeumb to an appmprime Snanwoet gndty• nm goonewe ref med 10 ja this Wagan are, without hOlIkAdOo. 6= abown wan the retarded VWe) of the SWAWWOD, Me 601g, or which M locatedm over at under On givowL al ft%-mmeots of mod, as sea in ft Dechirabon (0) E"Mewfir 49MU OW. WX)N across and under the and aU crusts staff ti�oada wilco the Subdivision farthe "Wee Mod Uft bm"don, and far the bgbiLlan and Mithimanov of any irrigeodon ,per, the fore SaiAB and bumBatkma, makwance6 vellar,orrwaMAwdw for the owned by Dadvat Dodsmo, it rowdy lokWcbl& floplacivo and on Paris" at %ImftgWhktWMVSWm'6 OWN HbeliodalberudHfice and &shogo and talkPwPoeo Ofksftft addle OW vuHbov and dmmW hdhdeL DWAIrsal *rdw tooerves a sHemble eamommoosed. -0 and Sm mm dawtided as "Reed P.W of W.W. 'Cambon 11 L. . am, Under "Dfldnap Ditches" 4w l8weW an nay IK=dod plo or toop of On Sub4himon for *0 at SdXVWskn end bads now or hmtgfMr staccut to due $"Vbian or in the viciew thma (Wholkar gE�. amd ftr 60 vistall4auk neveir and neviatesseng of*w sad Offim bzddlft OWOSMY for such dnuuage. spaM CombectoN Mvente. v*OYM and antson may -W "Poo imy of am onementimean eo desiguaftdon the MOAWPkt oftho Subdhidos for dwa Purpose ofropurins "Placing gad Opoeft eny of dw *MW tWOMMe. yvoi. -Adm end *slaup mom koded *am& Tire OWOM of Lots on AM sub googma am booed shaV sot hour". in Mynowsor V&SM)i Mocinew or may oftho Anaw".1o"W town or 60 WOM dorom Doolwant, its ft"Uh amploymd ti>a dBOM AsH have no WbiMy fordsonge v"jeoy new to my spa, pballk Seim, oroth"bonewUine rb y be bmftdp Mcbeta ty sod deumago ftgzaeut4 Md DNWwA oW have x* obbgstm to vqAaw BAY Mll MOCIezedi which may be manowd or duftW din to ndmleoovq� rev w or other week Pakwaud in:mwb easmont nimme. Doclareat further newm n sumam of Mgms sed opes, am end Uroft ol Steele and voub of fire &MMone %*M each eummenta. 4110 and shell i , OUVW Ofjiqgand cp= to my Xopwq now OWOW Or hafther soquind by Dophaw, its SuDoemion And Won pupay a as& a put or dle. SaWwou AW viloftervatwoh PMPMv r4oine the seh.M� Li semis. EMMM fa AngwftThemis haft jewvW n POW rWK and castmat for the bcseffi of the Assam A, it$994044*=OWWM $-4=K eMP'"%W Wad OWPM- WAbft bid not hiumd SO- MYPMPNW MmwWtM&Y*d by the Anociation and 101YONVIDYWOeach 013112 10 wilervon any Lot or axe' Portion diwoofin tic pff%xWMd*A&A ve d to 0 obHpdom hWomed byit or to mombe die rWft awSwed to it uWa due Dechm6vow an, Does, 0 Wy ut the aw$hm to, Wn QMM Lad MW- DMM UULVAVM "OvAdmuft MW w Deck nutbuthyresamfiwksbewfitthe pmpouO, and momon in and talbo Sumviltim for ft Mobdounce of ' Ban aMOSOM offim and onownw6an officK together Wnh such other fialida giTE iiMozin'sonaMy may be n4uhVt COM4116M or IncideMA to the -"Ocftag4 m-AVM"'tw UNIfOvOlbelat "of Bak of LOI& DwdlivA Coniman Ann end ad" poperty of Docb=gr, SS 119 W112-2014 6- 13-M48.04 Y. Me ar of 3 F'O" Of N —.1 CC 0 b. Declarant expressly reserves the right to grant to any builder or buildSq the right to operate and maintain builder sales, mazlw ing and/or construction officas at any location within a S 66o upon web germs and c�itiems as Declarant in Declarant's sole discretion my det � Qt c. Declarant re srrvvrs for Itself �j t and initial builders of Dwelling, the tight to mat isin a sales, office, model homes and a construct upon one or more tots until all tots to be located within the Subdivision have been sold i2d on 11 Subject to the other temps of this Declaration, there is hemby reserved for the benefit ofthe Declarant, to Association and their tespeadve agents, employees, successors and assigns an alienable, transferable and perpetual right and easeamnt to enter upon. airy Lot for the purpose oflaudscaping, mowing, maintenance of landscaping mud removal of rubbish ad trash so as to mat Lain. reasonable standards of health, fire aafuy and appearance within the Subdivision and to carry out their respective obligau ms imposed upon them or to exercise the rights granted to them pursuant to this Declaration; t meal cesements sbali not impose arty duty or obligation upon Declarant or the Association w perform an such Y provided herein. FurrhermoM these is hereby reserved for the benefit of Declarant, lire employees, successors and asstgas, an alienable, traaaferaible and perpetual right and easenoen% but aot flte t8 maintain AaeUor repair the ehuteir portions of any bnilttimg if the Owner shall fig] to maintain such building in keeping with the stems of the Subdivision. The cost of such maintenance sorilor repair shall coaditute an individual Assessment against the Lot on which this building is located and the Owner ofs mh Lot as provided to Article VM herein. Section 11 Oomd CgennitAm Easemea Declarant rearm a temporary construction eamment of twenty -live Jett (25') in width along bothsides and running paraUed to unimproved, *fled streets and roads, alkyl and private here s, which casemeam shall expire cighmnn (18) months after the particular read cation commencer, Should it be necessmy due to terrain and site conditions, Declarant ins at its sole discretion the right to extend the width ofthe temporary construction :Assessment fen tlu +? ttl; i.. tfperetlart of Common Arent And Farllittes S, g j _ ts. Liana and_Paull Ob WWa a. Each Owner, by of a dead therckc, Whether nr not it shaall be en expressed in any such deed or other conveyance, is deemed to covenant and agree to gay the Association (i) ammal assessments or chnrges which are Common. Expenses, (it) 4pmd assessments fin' capital mwrovvomts and extraordinary m aintema ince or expenses; and (VA Individual The Aswuments Ara to be fixed, established and collected from time to time as hereinafter pmviided. Assessmeuta,. together with such inarest thereon and raft of collection dwreof (mckrxling reasonable mtaratw Java) as are kere ba8tr Provided, ill be a 16nd and a � lien upon the Lot(s) agtuinst which each such is "togedw with such interest thereon aunt the costs of collection theseof (inch s yes) as arc htueiaak� provided, shall Also be the personal obligation of did Owner of such LrN(� wham the Assessment becam o due. b. The annual and apecaal assessments levied by the, Association shalt be used exclusively for the fbilowing purposes- (r? For prtanwting the retaretmi�. health, safest and vrallkare of the Owners; (ii) For the i Vrntremeai, mamte nanct, use and operation of the Common Area (iuclud w, Ft'the repair, replacesevU; and additions A&M or to any improvements or snugiwrs tmxeon) and, upon determination by the Board ofDirectots, impmvemeam located outside of the Subdivision (including, without huduhon, Wavificatien. and/or directional signage [including kadsexgz ] either exclusively or in cooperation with other associations or w or hesnoafter designated or exigtimg; (0) for the payment of ad vain rx ssoents levied on the Common Area sod for the PAY"" of and Fees that may be levied against the Association; (iv) roar the I maintewmece of insurance in omndance with the Bybm ofthe Association, KC, Gm Stat. j 4717-3-113 Raid as other*be deemed predeut by the Bond of Directors; (v) for the costs incurred by the Association to carry out its oftetions imposed upon it at this rights coatharert to it under this Declaration or the articles ofiaorporation or bylaws ofthe Association; (vi) for this acquisition, improvement mad maintenance ofthe, services and fccittiies devoted to the akasatid purposcr, and (vii) for the CMploymant of attorneys, aceauatamtt, ptopetty mangers and other professionals to represent than Association whenncosssry and such other n As may arise, !? 0 .O. - ' if Durant performs any or the fasegoimg ". O RW rding, but not limited to, accounting and bookkeeping services, it shalt have the right to receive a such shall not be deemed to be a conflict of Were*. , Amount and Paymmt of Annual hasp ei t. The aaitiai annual asseasrmeet payable by each Owner shall be KASA8 per Lot per calendar year. Upon the closing of site initial lisle of each Lot by Descb mat, any purchaser of each Lot, inept 16 r4 W�jj .'s arm PROP i AIATtiREWATC#i Li C, sWl pay to do Association a coal aloe oqust to. IMA of the dies Ito AMW Aftwmex The t am»*ei shag eel e � x4 say Lot u3atil the eMdieraf (i) after the +oonve yauce of eatch Lat.by the IJtclarant � to tmygtasese cwept NATMMATCH LLtr ora of mch Lot by the Vown of the DwAuggr, or (fa) the islf.antpp by amch apptupadata governm�e,ttal gs a Ce e"to of aoctwoupy m ompT�Ce with to the Dwdb" eaustru ed on anah Lot bs icy event, neither nor%itL7 UREWATCH LLC A obligated W pay to the MtwutciatieM 40m a capoftiE omrtributidn or to annW suit daring the time chase awm aayLot usesmOrm is haired, and is awum IbW Declarant has t Ic in" budget of do Amxkdm Won whwh the faithii asatral Buys p� to tat fir# my owner'4m r pqum It WM be the dtwy of t%c Board of Dina at loser sixty (60) dey of due AasocWion's fast full fiseai year kjhp&,,�& tiW recarft oftals Dck,4SM sad etch Ryser Yelp• , to prepaee a budget earaaiog the estimate Common dWv9 tie coming You; NAbvdggt to iaelnde a truer aoaavty itsecetasty, for the capiMlnseds of the AraeCiaWm && Lot ahail be ap* mapouWlde fbr its shays of the IgW attar I uswmerrm anbjeci to SwAon 2 of this Artie (a) Nod" of Pmpaw arr>ti Ra* aadon. l'mnraut to N.C. Gen Stet..$ 473-103(c), vjWn thirty (30) days aikT the Board o(D erases' adoption of any budget fa the aaatt fiscal ycat ndthc but in sil amatx m kart thirty (30) prmr to the fast dsy of due 6" yow for such audgst, the Board of Dfnac m wily pmvW too dl of the Otaaen p >ammmry of such budget pad a notice of the meefttDowdowadaudon of Mach bast e{, banding .a statement fast such budget espy bs ndi*d tadthoaa ■ V=m bdag pteseat at the mucift and theft toc& budget will be a4 ied anima at albs meeting the rwoaa eamled to user sbrtq-asvea p=eW (467%) of the votm off Associatkm reject snob 6adget. Such meeft ski( be bald oar it dots toad time saccred by theBaard of Ditedors,atat leu thou tan (10) am move than sixty ( i dqs aAw UlAikn8 ofMmh sm ammy ofthe badgctand notice. (b) DLwAvmvsl of �Annsrrl nudger, If the r or ii iha Board of Directorsfsita for say 1 cassia to detemurs an anal budget sod to treat smd aurKil ¢ueb tlata >u e badjo f mid wlii have be ca, domed as provided used mm W will be the and = ash am nsefor a t j tniooafiscalyesr. and.arammla>aoeais for an (a) if two Lou are cmhk0d into one Lot, 00 OWKIM(B) of the rMAWg Lot shalt pay an Aswasmout for each of the ttrigisd lots no if they teed not been combiaad, (b) Hteh mreast tssaeacaoem shalt be fbily payabta sa ardv=ce an Iles ° day of ltmneay each you; pcovid4kmv Vey do Board of Directors sibaall ham tat option to perm is Bach instdimcuts sad m such tiaras as it abaft dctermiee�*�io shall be faxed by to Board dfDiteotam (a) The Anociationand do peymee7t of may rgvbmble fir, Liam to my Owner, fiabh; for my , +ragged by an oi5m of the Asaocwhon or by the AmociWon manegm; sewng fiorlh whdhm• said Afisessmad has been paid. Bach ce rti6cete d wft .m aecMd*k %nn sad s'Lq[t be aoacbuive eHlcbimsa of dal peymaaot atrlass erf z3ay:Aasaasmrnt t#serein stated to have bomt petd. 7be Aaeocmiion OW bane the right to mum a fee ad shed by the Board of Dhectpss not to exceed S1t)a to dsibgr.* oriels of peodit Such ceatissate, (d) Beath RMW auesSURImb and specid sawamcate mast be bored at a uniform taro br all Lees salgect b cabewn of tha snauel =meat Amacw4 s may also bevy, m atey fiwA year,.a VMW aBeaeIMMA applicable to that year only, havaees in mMrrNme costs apd for sompeeted coach sasuceated WM the =pair or mp)ic;ameaa o far a i1pw aapa WOment tafttm the Gam ,Ares, arc uft the =0000Y &Unit and pemanud pTaper;y s eietad tiarrnde, 7 r sA� Other 10naSpeCtQd , ar q<di�eY, of tbC Anwistionconghttval wih the pstpoMss of the Aarockfin provided thsd any such mmsemag sball have the mud of at Mast $iiy o 0. (31%) of the vrtus of each Class of Members who ears voting is pe<soM Or by ptoaY at s taeetitag MY CWW for thie.paaptrae, written s ofte of wbkk Rail be sm to all Members not ksp ono thimy (30) days am mare dun sixty+ (60) dep in advance of the medkg. The due date of gay Waft ummem shag be faxed m rho rt hepMa rif ag such specM assay &QMTsulixfrbui Aaars<emem. The AmoddW may IM tm fadiv r S$Ryusy at upon any Oww to su er rho �s iamneed by the Aasociatioa due to the Oww's 5riiure to meioiaw its Lot to the standards or rega is set forth is this Lywknlion, to nsimbause the Association far rya cw=d (tenser or their t or kvisce or far any by this Ekcbaratiat Declatstica (ft "� ) Individual Assessments shall be -due and psysbk witb athirty (30) do"c written nobee fiuuthe Astomsbow 17 i:, Ll I p 62,2414 JLIIIIPI gg R w- SiMtipn 7. Paid Professional Mans¢er, The Board of Director may y a pmfessional manager or Menagerie! fun to supervise all the work, labor, services and material required in the operation sin= of the Common Area and in the discharge of the Association's duties. .. _.., t"MU-0 Soctiot✓ � - n 8 Effect of NontP._ ;p,ggsameot: Persil ObUwW,, of the Owner. Remediaa of Ap�isitig . if any Assessment (or reimbutsemeat of any sum due the Association under this Declaration) or installment thereof is not paid within thirty (30) dsya after the due date, then such Assessment or reimbursement shall be deemed delinquent and shall, together with owls interest down and cost of collection thereof (including reasonable attorneys' fees) as are hereinafter provided, continue as alien on the Lat(s) which shall bird an& Lot(s) in the hands of the Owner, its heirs, devisees, personal ropremtstives, successors and assigns. Any delinquent Assessment (or reurthumement obligation as aforesaid) or installment thereof will incur a late cbne, in an amount w may be determined by the Board of Directors from time to time, but not to er of twenty dollars ($20.00) per month or tea Percent (10°A) of the amount of the unpaid Assessment or re' telLOt thereof and will also Commence to noerue simple interest at. the rate of eighteen (180A) per tam 'teed by law. The Board of Ii iectors, at its discretion, may also aecelank the remainder of the annual aasessrner The Association may being legal action agora the then Owner personally obligated to pay the drlite awA Asset, rambarsoment obligation or installment thereof or stay calbrce andlur foreclose tht lien against the 14t(s) pursuant to the provision of the Act, and m the event a judgment is obtained, such judgment shall include interest on the assessment or teimbursement as above provided and reasonable attorneys' fees and k to charges together with the aorta offt action. Each Owner, by his acceptance of s deed to a Lot, expfts* Wont to and vests in the Association or its agents the right and power to bring such action or forcclostow 7U Associatson, acting on bebatf of the OwneM shall have the power to bid on any Lot and to acquire and bold, leeasg mortgage MFMM the same. A snit to recover money for unpaid Aase�com and other charges is a withtmd forecl or uwrists same. NO OW14MR MAY WAIVE OR OTMWiSE ESCAPE LiABUXff FOR't HE ASSES �lBY NON-USE OF THE GOWON ARE A OR ABANDONMEn Of 1TS LOT. On behalf o the Board of Dixectora shalt have the a Wwdty to compromise and settle claims Assessments for is and collection of other the As sociatio upon a majority vote of the dhoutors upon good cost shown. SeaSor 9. Sttbordinat M of ill- Lip lip MgrtgaM and Ad Uorem Taxes. The biers provided � this ar&le is prior toall linos and saes on a Lot except 0) item and encusAvences ftecificedlyiwhiling, but not timited to, a morigaga or deed of trust on the lot) >acortled before to dooming of the claim of tieth in the office of the clerk of superior court, and (ire liens for real estate nixes and other 8o4ramentai osiscasementh and chargm .against the Lot. Sale or bwsfsar of any Lot shall not affect the Um provided &r in this Article, however; the sate or busfw ofany Lot poaeumf to a mortgage or tax foreclosure the lien of whkb mortgage or tax is senior to tin; lien provided for in this Article, shall exti�uish the lint provided for in ants vrhich became due prior to such sale or tnntafeer but shall not abate the personal obliegation of the 3eotion 30. ia mum8 t of slot. No Owner of a is shall be liable for tbe payment of any pea of the Assmetments assessed against his Lot subsequent to consummaUd sale, transfer or other catvoyance by him (made in accordance with the provinces of tbis Dodwah sad appbo4e rautetions of record) of such Lot. A pumbaser of a Lot shall be jccamtly and severally liable with the sepia for the amount of the Assessnumts assessed against such .Lot (together with attendant clmrp;aa, barest, late fees and cis of collection) prior to the acquisition by the purchaser of such Lot, without prejudice to the purchaser's rigid to recover from that seller the amormts lid by the putchaw therefor, pmvided; that a prrclaw of a Lot of a foreclosure sale of such Lot drab! not be liable for, and such lot Shall not be subject to, a Yen Orr the payment ofAssesaments (ad attended charges, ' late fees and. of toll on) assessed prior to ouch iosmo sale to fife Carrot that flee lien of that lasing faneeloard is sorter m � and oriel unpaa d Amtnts shall be deemed to be g Common Expense; xollectible from all of the pirChaata of such fiarecloseed Lot. �- + Section 1 I • E�egggt. P ter. All °Aura and all property dedicated to, and accepted by, a local public authority is be ertempted from the Charges tnrd liens dented herein. ARTICLE 1X starsawtur rdrnagement; Permlas S8gm I. t .)ice Storarwater M=gm2 at. All constructim within the Subdivision shall comply witb title 15 NC.AC 211.1000, the Coulal Siermwater Management RegulatioN whkb is intended ongoing cotvliance with Stain Stoamhwata UmqpnW Permit Nunwer SWS i170$44MOD ismed by the Division Title 35A NCAC 2$.1OW applicable to wet detention ponds in the Subdivisiom (thee "Prrarir ). ea a specified drainage emeathsi limits the area that may be built upon uplth maperv►uats Malacca (awl a " taunt -Won area elou ") of each Lot within each Lot within each approved linage Area trust be lbouited so the maximan allowvblc MJA for that Drainage Aura is not exceeded, IM (a) -%—wafer ROS&WAba The ARC shall implanumt, comply , ad C *06 W with to the exercise of its powers and to review and approval Oren W4 mfme AWwn madub eVect dcvelopcA constructed saw reconstructed in am Subdivision. :IF ),. 1�1• to review ad *POW. or dlsappm" as maw Let Pl= ad to (1) The ARC, *titrA�slt eMbfishdW8UAhmftfw=jtLQ=nft VxDVadFWn*BUAsJlowaccnfox aw6DnWWAnL Owprppqb NofSamion 4ofthis article) TbcARc " gamsin a v1pVc MdW and May not be.&mhad or Whaved ofils suibority -6 TCVW 60 ftft and ftckn WA "qWroments and complimm uniess; and non a Pa mit tanager. of OWWA*. submitted by the mm Permkhakiej, Is apmved bythe, North CzOff=DivW=ofWader Quality fte ­Dmn (a) The ARC " MOUSIN Old ft* each Lot's WA =4 VM FwAk to DWQ every six (6) montle; an UPd#W list Of 06 Lot's Mar" BVA, Upa saskamwit of all DuA for sz& W in site &6divisim; WMW the permbed WeK 9 &W list ofmwnW BUA fort W wlD be pswiffled I to Q. The ARC sw ensure that the %w prop med BUA within each Drainage Am compnes; wo &g m%WBUA for the*ainago Ana in which the Lotis located, Asoutlined inthe Pmft . 0 0 Madnam Ahm%lwMUAIrI *634,Wf? #991 . Am #2 is 337,M to 110 RZOOM of BUA 011008W to a Lot sW be 91 the solo discretion of the ARC, subject to the. requir-units; of 9w Permit mad, byjamebasiag a Lot, each Lot Oww ogrm to comply with *0 amdubdA BUA wWAiahW foro Los byta, ARC_ (i0) The ARC A3 - N not tooft or approve A CIMP To any Drainage Am fim theqVmvod pleas for the Drefinga Ares without psior VF"d OfDWQ- The FOCCIS bf 0*** &a VPrOM will be through the salunimil of an appReAtiontar aPamitmodifimom 00 The covenants set for& m dos Declaration am mUndad to cm am ong*g cWVHgaoa with "PermIL Ile State of North. Carolina is herety M& a beecftinry of the Section I to the emat necessary to m4utain compfimewiffithe Peonk (b) E44mwft. The&ifixep*',.3 comply with 8 VWTWM Of this fleaSwdon I dmW provide fleaAssociation the right to bring legal action k law at in . so actim flu hounctive, MIK doessig" or a ocachinstim *Cmf to enforce the F-WOW 103001488010 ft vW[Stma Owner All costs and eXpeases; mc;=W by the Assmstim m ftmi=ft Or rwhins- a violation of the co-unts and rewig6ong act forth in this mg chenvo of a able IM me, am OWDOW F= (whather ar not ftpbn H instfluked) and court comb " be the nWDM-kft Ofthe Owner dammused by the ARC to by in violadom Collection ofwjcb moopable anavro, fier, Nu ad dINVASN may beadhoced by nay InCtIlod described a Vas Oftlamnon, =%&& bat no fi=W in proWft for " wDeetion of na, &,,& an individual Assasameak by a civil ado to colleat the &tt, or as ;==,rrVidad by law. Faftas by ift ARC to on enfesce any Provisicoafth" in this section away 4.R coves an do right to do so thareater or pmh%& sy 61her perms or OW* a - jawj fixth in this section, WobAft DWQ fume adascift such violation ;All rights nand nwdie4 set ft& in this WIWR are in adifition to� and not exclusive ot an iame4110% that may be -fi)voed by the ARC, the Associmim mWw &zW owner as PXMW in this Dechrodan. JIIIIWC� In scowdsaw with Title ISA W.AC 214 500ok it has be" determined that portions. of to GPM space, UM locaded in da Waterway Cove Subdivision, Brunswick Ceu*W, North Carolina, as dicna an Plans 11 1 -ed by Tim Joba L McAdams Company nXa des teqvlMoma our the 4OWpotioa &a a W011084 21100% or Fulacted saammlaWer. MW areas Aw" in the nemled p1m Waterway cove, MV CWmK 65, Pages IS-13 and Waterway Conway Map Cabhw 77� Pages 69-71 retarded at W Register of Doak Brunswick Counly m congwVnfion aaag ritaliO4 in peawtvay in their natural or mitigated contiftitm. Nopersoaora*Wds%lIpc&rm,%qyofdkv area:WOW, (b) MO. bern. stove, or taton; (c) cossruct or place any -adk trads, wdamn bwvwv, a*& homes, am "lity poles or towers, of oy other parnumont or temporary struclares; (d) dab or otherwise d** or After the hykalogy!or drakW ways of the conservation. area; (0) dump or *0 soil, task or odw waste, seed (f) or' oninaais, at No for any avic"Imaral Orlundcaltural PuqKML The cwmdanu in ft -section are Intan" to enamas 00"hwd corophim with M COXWOM of a CIM Water Act, andmastans wood by the Wbd Slates Army Omps oftognmen6 Wilmington theeme may be awbrocd by do United Bats of America. The covenaubju this action run wi*tbz had and stall be WabnguW cannot be, amended wWxm the express wduals HOSIDOOM Of Wig Wit, U.S. A103, Conn of Eno,ev% nierance Permit # 197SOM56 (City ;.;%= 157"10) issued 11121107. smalion I HFdMOfL&WIIl9BMWWM Land we on pdva* 100 is subject to fideraL am, gad b=W Im and replations. Stave uses maybo aaWicaaddw to INCILLOOR Of, Orproximity to, lad or waters with the ii�llwsriaa dasilpwtirms: wetlands, fined 19 I .'Cia—fent , MNP 11:00.48 W4 S -mbunty. HC w 29 prone areas, areas ofesvironmemtnl concern outstanding resource waters, ]Delaney Atlantis Intracoastal Waterway Right ofWey And Neale River Basin SA aft= classification. Other designations or a$ �AU .property withim.the Subdivision is subject to the conditions of the following permits which have been ' 0 approved for the project; (a) Wastewater Treatment Petmil 12748 (b) Wastewater Collection System # WQ0032347 (c) NCDOT ]Driveway Ace= Permit #$-1506 (d) NCDOT Fasaoacbaent Permit #&10.07-131 (e) CAMA Permit #17M7 M Storm Water Permit #SW8 070SOMOD (9) State Water Extension Approval #NC041 GMS (h) Erasion & sediment Control # sRt1Ns-xi s-03 i r �Q waar x Bate tior Malnte , kAftftE bte Act= rjo Maintenance of comma a Are-, Saction I. ,xterior Maintenance. Sect to Section 2 of this Atticltw and unless specifically stated lobe an obliMoo of the Association pursuant to this Declaration, the Owner of Ma Lot, at 804 Owner's sole cost and expense, shall maintain its Lot, inchsdiang uVroveratcats thereon, in a safe, clean and attractive conditions at e!l tune, including, but not limited to: (a) maintenance of the Dwelling and aU other ahuatum; (b) Prevention of conditions that could result m an unsightly or m4 mmpt appearance of to .Dwelling, strMnues sad grounds than tend to nbstantially docresse the beauty of dx ry a whole or dx �ific area; (c) ptornpt removal of all Jitter, trash, rs fuse 0 n [i ' (d) maimtsuemne sad �a anti that m not the ab Wtm mf the Association to so maintain and 2. t f hin Artier (0) malete�nxofe�l+8�ng06.meclamicalWlities; (f) maintimme ofpaditg areas ant driveways; (ll) maintaining advgtattc soil erosion controls; (h) mafnteaaace an as to comply with the covenants and restrictions of Article 1X; (i) to the extent ant adcqui dy maintaenod by applicable govemmeatal sudwrity,. the Association or a public uftW pzovidar, M&MUrwua of the sidewalk, thivamy, driveway ap>Gmaa and chitty launis serving such Owners Lot evert "rflocated on Common Area, Each Owner stall performs the hbrtsgaimg'not unreasonably disturb or interfere with the r+hs tsajoyment by the e>fiaer Ovrners of :, visimr. If any Own« par& 10 perform any of the mAn4czaace responsibilities stet forth in this section, then the Association may give such Owner wdttt o trotter ofweb failurt, and the Owner shaft], within flurry (30) days afar such Mice is given, performthe r Wuvd maintenance. If such Owndrr fails to perform smote within the goixd time perimd, then the Association, acting through its authorized ads, shall have the right and power, but not the obligation, to asmr such Owner's 'Lot arnl performs such maintenance. at the expense of such Lot Owner and willud any tiabrYity for damages for weoogfnl entry or trespass_ The cost of any of the work per%rmed by the Association as aforessid is immaediatsly duo and owing from the Owner of the Lot and constitute art Individual Assessumat against the Lot ou which the work was pe rAmu ed, collectible in a lump woo. _ a,;t ,�,a 4y''. Wi t9 �U�`l Maintemmot d iA�74ssmciatiom shall maintain and replace trees, shrubs, grass and .61 Plantings of on each LQr, incku rwo er Area, to the extentthat such (i) wens a part of the or 4*1 Isndsoapiog plan or ImWwa*g installed cm such Owner's Wt; {i) were added by the Association to the landscape ofthe Lit, and (tu) were added by the Owner of such Lot sird s16MItt6l to and approved by the ARC pursuant to Article IV_ The maintenance obligation of the Association set in this notion includes, but is not limited to, the application of fertilizer, reseeding and mphooment ao&or of Lot, and VdMds to due portion of any Common Ana Ste, and otter plantings an dual public sa+eet rigs -of -way kncated hctvtieea the boundary Sim of each Lit and the shore of -My itdte, pond, water r4cubm area, stream or other body of water located within Common Area. The Associafton shall maintain landscaped and gramod areas es each IM for which it .is respansible sae as to keep all vegetation in a healthy condition. Landscaping as approved by the ARC .is to be installed prior to occupancy of the Dwelling on such jp cupaacy of a ]Dwelling prior to days Tic of laming shall reguim the written approval of &a ARC, shall be for ahal] be w uearllter than ninety {to days em to completion ofla scapinR. ,T In order to e�nshle the Association toco)m access over �;t%h the fmragorag, it is reserved to the Association the tight, pt5vilege and casement of amobstruded ]Doan each tat at ail reasonable times to pe&M the maintenance as required in this sectiarL The Oww shall not 0) place any furaftm or place or construct any Improvements an Me Lot ilia[ will interfere with the Association's maintenance obligations of 30 .arra2-2at4 � � On der Sr p f 064 �_t i i' CJ 4�wu l dub s-*% Of W AM MW vogctedm Od 00 L34 "t to oath am upon dw mWieft.40 and apPIOVQl by Me ARC PMOM to Articie, m The ARC may coxiditian the approval oftim &==gin ofery &=ae Lot . evoyt oblimto ISaWtW do #= shrubs, grew "and snob VmIymvommakodtosoash m *idmdo hdlilng ofbe bane oW* by de Owner af=ch hot. Na of NalWWh& such waft obligation bovome tha Amos l rMIUM ftusmnmw PiLyAls by sock owner to hSdclL3. Amm at Itemsonalge Baum For tiff pgqmm of pm*m=Wg its Urgon, undw this of my 04W Affide of ge Dwbmfim% ad to nmkvBwcuwY Onn"s is cOmwfim &MWW the Assomatio4 by its duly &uMmtW mgmt and ampbyoca, or nwbn* While Dealer" is & Chew B Mculbw, M&Ytnftt OPM SnY Lot m remmm6le boom an my day an wasonehk prior notice: Imfm4. Howevor, WWdd DCOWASk, prior 10 ODUV*Uft In the Association, or Ow Am dpcto Vander my portion a all of the nr— &dSWW or to broom. by cmvWaVAM6 Common Area duty tommintain samesame9WI oWe as to that i�mOtwftwwm w Colouggat with din Doolmdon. tech Section. 5, INIMMI of Tbe Associadom way remm urmy ohotruation at vmy neun loaned wid= th road Tigl*a-WAr or adw Common Ana, inclUdiNg bM MW shn& wbi* 12 04 0194ionofdo Assmation. vfflw soj& p9dnag a hamd orzx* imerfam W& tbo mobdeummofthe roads ARMLE XI Ph,milDe"Upment IF sowimis Sold. donveyed and occupied sul*a to DwImIf— and kawn as Phase I -A and Phaw 2 Ishm f , '.C." --", x `NCM* Ccmktt,4 end is mom partigidady doamind on lwfimI AddliouslPhuft From the doe of the revordWmofd* redaretiou until adeft gM is the adierof(l) too, (10) Y— &Mvo* or 0) die I*nmw One, BQ012m MIM at its OPdW from dm to than object other landacontipm to thatpawdy SAiW to this Declaration to die provisions of this Declaration, ]by recording a Supplemental bachration(0), describing ft finds to bmm smlqea 10 110DOCIRROM DOCIUMA OW sumpmato sub additional land under the provmmr, bwoofm MW mmdw ofaftuaal phow as it may so desire end nw. m its dwmbom6 Change the Chusetwor malmse at sash ftusupbow, lechwins but no Hwhod to dwaging-dw wXocWW dwm brridigg JAMunals, dwatious, and mmmm spn fiwfte. ro*dr=mft for =k The awasoas of amitiond M& mod tithemah excow" and recording ofsupplementalDwIwmd*S) to effecta vote w Comment of the AO*CkdM or any Owner, and my such Svppl==W V8Chmm*W5)dm ebc% an midw PWAC romeds *fBAws*xkCOuwNC#h QuAim Upon Doclarmes docom to ino mal cauft so hmrpotxMd Ad be as fidly covered booby as if a port of dw original Su an 106 40 8unw4d da a mokod to all the declarations, ommqajv; easemcuta, 1=6 moss and dobw as hw= COAXIM4 Woodwr with such addawad resdoOms and ablijadom as Dechrot may hwm on the submitted to d*Vwvldm of*b Deduglan by Nwh SWUMDOW VOCIONdOM(s). V 11411 have no obffpbm to develop ku&bc*a**colo"4 MAY lead S*ming des Sub&*wn to WA=dwm with NO Dodbadw and may 4vidw son In any moser % may 4mm and inilm, Dwlanmd, IfIt amid decide to develop SW addUkoW land looned adOcOm is 68 SWAViSiOn, in It J01046MWOA. SW trove no obligation !a mom Met a Put Of the Subdivism or s*cd to dis DwJ*sdw DECLARA14T IS UNDER No OBLIGATMm in nzy=p ADUMMAL MA SMS AND NONE OF THE RIKARWO FQFMO OF THE MOPMW DISCRn= HHNMM S"LL DZIMM A PART OF ANY SCHLMZ OF DEVELOPIAMY UM ACM �trh:V (1GffiT-VWTATH=REVrMWMN8AS BEREM PROVIDED. AMm.3. &=MMft gf to Amomation of Cwmwu Am " be deemed so autonatically nmm) amen, W" row ants undarandmaeWICO nmia Am far ing clad and Jbr coustruchou and tompletim of conmuctwo and development of hours pbom mchdm& withatut tirefterion, gammeels for 60 bat"A% construction, rae-MUCOM AV=- AwAftmFb and QPMIWO Of all stir wrvices, MA essomm" to be in adMa Jo, and not as fim Qf4W Odw Ughts or emmomb reserved by Dockm hartin of m arty Supplement hardo at my odor canvayeam by or to Dwh rant or As prodecomarms in title. smd=4. Exhadmotgol& Dadu="bxmthe dSKbat AA w oblhwm p*% 16 voted any ormad now or hereafter within the Subdivision wxffim wdmg tk VpVW of AwoVW =-'* hr the puspow of serving additional phom of *a S"Vwou and/or fur sarVag othprp ,ifM C JOW05. YOU B*IML As -.6 =Jf`:dy, is added :to the SUbdivi" 11e Los Couprising such additional phase shall be oamsedi fax dw purpow of voting tights. 21 "-W14 IN OCIIIIII M- 0-104CO4 ty. Rr. a ads, Ow- JJMI.f 2M5*P C, ZO y Section 6. ldantiScation of Additional Plusses. Nothing in this Declaration,gltall prohibit Declarant from naming or identifying any phase or portions thereof by a name other than "Waterway Cove" and am R&signatiort shall in no way prejudice the righa or obligations under this Declaration of any Owner of any Lot ' a 5 q�ase. 'U ARTICLE XU Rights Of Mortgage - Should a tompgete or third party acquire the riots of Declarant, by way of forcclosurc or otherwise in adjoining or neigbboring property contiguous to the property subject to this Declaration, as same may exist from time to time, such mortgagee or third Putt' almlf be allowed full use of all rights, easements, ngbts�of way and utilities contained within the Subdivision as was permitted or grmtrd to .Declarant for the purpose of serving such adjoining or neighboring areas. Ter The Board of Din actors, or its duly twthorized agent, shall obtain and maintain blealoct ail -risk inns,, if reasonably amiilable, for all insurable Improvements on the Cermmoa Areas, if blaolm all-risk coverage is not seasonably available, then, at a mm memo, an ioswnce policy pmvw mg fire and coverage shod be obtained. This insurance shaft be m an amount (era detamniaed by the insurance underwriter) sufficient to cover one hundred (I00%) patent of the replacement aw of any repair or reconsumuon m the eves of damage or destruction from any insured hazard. The Board of Directors shall also obtain a public i abr'Gty policy cova mg the Q Areas, the Association, and its Members (to ft extant of such Memba's insurable interest) for all damage or ' ' once of Asso iation or swing out of the use, ownership or anaartetrazrce of the Common Grass have st least a $1,000,000.00 aigg a person limit with respect to bodily tqM and praparty damage, a t per occurrence, and a 000,000.00 property damage limit. Premiums ft all insurance required or permitted under this Article and all insurance deductibles ofpolicies carried by the Assodaboa arc a Common Expense. The porkies may contain teasonablo deductibles and the amount thereof shall be added to tla fire amount of rite casualty policy to determining whether the iostaance at least equals tiie fall replacement cost, Deelannt shall be trained as an additional insmed on all policies obtained by the Association ibr as long as it is a Crass B Member. All sash urea mee covmp obtained by the Board of Ddtwkn is to be the items of the Associatim as t vane for the benefited parties, and shall otherwise oomply with the proviskm of b G.?dtft-IL 3{e), isteclusive authority to adjust losers under policies in force on the Common Areas obtaiwil by The Board of Ditectars is further required to matte enrcry reasottabin etfOttto aecume iusman T t)yt ies following {i) that an policynay be canceled, zovalidaled, or suspended on accotmt of the conduct say oor ewpioyoc ofAssoxation ea its duly aa&wizod manaw without prior demand in wring delivered to Atsocudw to care the defoot and the allowance of a reasonable time hereallev within wbieh the defect may be cured by Association or its property manager; and (ii) that an policy may be emw&d or substantially modified wAlux t at least ten (t0) days prior written notice to AUoaangn. In addition to do other hananee required by this section and by law, ilk Board of.Duwtws shall obtain woemes compensation inwaasice, if and to the extent oecesitsay, and a fidelity bond or bends an dirxetcas, officers, and other prasons bn> log or responsible fax the Associsdoo's fiords, provided flare no, fidelity bond shall be r. as Class B exists. The amount of fidelity coverage is to be determined in the Board of Directors' may not be less than the sum of three (3) months of ibe aumt d assessments and reserves on disci, am! Of all defenses based upon .the exclusion of persons serving wiithout compensation and may not be cancelled ig B y modified without at feast ten (10) days prior written notice to the Association. The Association may purchase of cers' and directors` frabiiity insurance, if reasonably available, and the Board ofTSirectow approves the purchase of Soctioa 2 )ligbttrsem o of Proceeds isroceeds of inatuamoe policies shall be disbursed as Movw (a) If the damage or deauuttion for which the paocecds are paid repaired or reconstructed, the proceods, or sech portion thereof ea dray be requited far such in payment of sack repairs ex reconstruction as bacizo1w provided. defraying such creels of mpairs or reconstruction to the Common Area or, ' or tecoastrm is made, staid tar retained by and for doe benefit of Association and pl m a capital improvements sxconnt. 22 1411 V mop U -- (b) Ifit is deterVAned, as provided in Sext� 4 of this A q ti n dump at demmtion to stet K manna Ara for Colette the proceeds av paid dull not be aapairad� such prveaads •belt be ftbursed in the rnaamer provided d commonl 4O provided, bavever, repair or repLOtffieot of the or AqW by law or jDvatunbutul nde of agoledon or as odwrwiseprovlded (b) ofSoiam 3 old& Atdofa, (a) ImosuSaxly o4w thrdamage or desalahiWoo by fins or otherta mudw to all or my port of the; Common Area Covered by Ismarme vru in tt meths of AssGalu, the Scord of i ta% or is dayy al.-&orivod "proceeud vvab the Ahog and a went Gran chaos• wift In dw such ivawranne and abaw amicable and doom esdmaem of doe" of rgpwiror ►econsh motion of daoucood or non Areas, Repair or reconstruction, ere used in dds or to st w tie sauna candition to b tiray prw to the fiM_ . (b.) Any damage pr r roedoq m the CGmma¢a Area shah ba sepaao d os +� vmkss tie Mrnabcra at haw Og* MW p+srced of the fatal vtoc of the Aw Action, shall doom m to repair or rea ureat. No WWWIAee sfanil bsva 910 right 10 pardc* to im the &UMMOdOn of whAw the Common Aran damrlged or da*WM shad! be repahrd at rem (c} K it should be determined in the hnemoer deatuibe d above that tht damage and dcs&ucfion shall no be repaired or vwmnmww and no ahenete" mgxrovemmw ace nothtrri sal in that ev=4 the afft4ted portion of die Cam G Area shall be re;tattd a eGnd ao ter offfie Subdivision. SecdM 4• !&tl i or deetnetion Aw VhM the insunraoe.prom& me pok is to by aopeaed or cons malK and each pvweo s an tot s!!ffi. to defray tit twat 6er+e04 the Brood of Directors shall, wdthont the noccu*y of s vote of do McWtxm, levy a special Assessment against all.owners in proportion to the number of Lots owned, pwvded, if the damoge or destruction involves only s Lot artA*. a* Owners of dui Effiaxad Lat(s) "be abject to snob gbcmd usessromt. Additional may be made in life amnar at zwj time daft$ or following the campldion ofsay ipok or monstruction, ARrX3.EXW Cianerrtl ProvlsMms ! o Deelorant. the the n & to coley . by ony proomdmp, at kw or in egww, on rums, coodidons, cavesootai now or beseai%er imposed by On provis iooe of this Dwhogrion txcq><m ssla+ otbenwiae provided by the sad E have the rigdtt m psolxed ht law or in equity to compel a camplh toes to the uanus hweof or to pris cm do vialeti on or anted! to any such avant OF to recover AN . 71e iimlma to GO&M any rights, OWwdM t iatioe� era aarafmtld in tbla Deelaation, howum fang oougrp sd,"not be deaaoed o vadveraf t he right to do sobmnaft esm ON lotus baasoh Of ins to It broth accusing pallor or Ribsoquout tharaw and ahtill not bar at afroot its ere mem . 8bomld Dedanart or Assocation employ aonood to mibe^ce any of the iavg0mg eso mom ts, conduka, rase mfiens, or rostrictiow be erase ofa browlt oft o ounc, all tests mcemrsd in such enforcement, ireleding a assonaw atmme", fee gar Dcelorso WAssoefssioso's wlmscl, alma be paid by 0%=4Df arch Let or leis in brow-h thereat eat ,flaky mom assessed brvaaadar shall constitute an Individual Assessment on such Ian and shag be onfaecable w hack provided NatwAsrmding the JbwpW& the Association, 3tbn. Board of Directors, •bail have do exclusin =&wityto enfcvra the Roles and Rooms arrd the Arad dw ac" 2 Filow an iusociad0 • , in addi limb m an odic remadics, in the salt discretion of the Baud of Die ecOM the Baud of Diradm may impose a Son or fines upon am Owner far f llu m of on Own , hb%a >he k, thin, ice, Ussocs or mpbyeos to coo rly *A my aoverrent,n0notion, -to, or wedeti a walmoM so this Dcc4amwo, go Rules and the Arehuipenmal ltwww t uddbhas stdlar Bylaws of dw AwocWoo puma to the to notice ad be>armg Ptrxodrres ant forth is the Act, but not limited to N.C. Gem, Stat. U 47F-3=101(1 t} 47P-3-107(4) or 49F-3-103.1, or :Cote mwomwr suss. Chew im Pood, items shall be Sudod a an IodW*xd Assessments tsdjact to the psnvfrdome for the oolledioa of aw r The Association rus4' conduct any admidxtratim proowdm;p permitted or provided 6mr under the Doolrrmti m, 8e Ant or as **=w Gr previded by law, indadiig teitbont limitetia% the right of dw Association, of rr mecca and an o be board; M to icapow r atomhblrs fiheaa kx viohmhoos of de Dw4mation, Bylaws, .l€u%s and Regulations and/or to.. w Guide}ism or (R) to suspend p ivftw or savieen pnwided by tie Associstion (accpt tuts periods for such violations or during say pond t d Assommoult or other amounts fire sad owing.remain u%wdd fix a paled of duty (ail) 4W fly boW. Prior to pursuing d!e bvosation of a fines or do Sevens!" of ' ' or aarvioes as aWwed by the Act cad as .ltmvkttd herein, Ow othaffing Owner v o be reflood and given ten (10) share in which to ewe his viofatio n ar mV01wa U the vklodoss or oonpaya wm is out estrad wlft thim fro (lo) doy poic4, a he wft droll behold betfore the Bnerd of tHrmetues or on 4odimtory pso4 appointed by de Sound of Diwon jo4aterogwir 23 ICI � ll�l �� . Ctrtn PM P r:. pqp :JH the offending Owner should he fined or if privileges or services should be suspended, The offending Owner charged shall be given notice of the charge, an opporitaa4 to be heard Rod to present evidence and entice ff�� � it is decided that a fine do W be iced a fine not to exooad $100.00 may be imposed for the via vacua&, far each day moue than five (S) days after the decision that the violation occurs. Fuca imposed shah yb is secured by lions under N.C. Gen. Stat. § 47-3-116. 1f it is decided that a stiiipension of privileges or services shoull9 m�posed, the an+spenaion may be continued without further hearing paid if imposed parahant to N.C, Gen, Stet. § 47-3-102(11) or until the violation is cured err small shtiy {60} days, whichever is loess, if imposed pursuant to N',C. Gem StaL § 47-3-102(12). The Association may institute actions or proceedings permitted by low or the Act tD collect any sums due and oaring to it, kgiml h J' of Dec! . Decbttaat herein Shall sat in any way or mama be liable or responsible for any violate of this Deelarauen, the Rules and Regulations or the Architectural iral R v Guldoliaes by any person other tdharh itself, In additimh, nothing oontaimil in this Declaration shag be deemed to be a "!areas with regard #o the of any govaramnental authority and it shall be the duty of each w souls r siranterts is addition to �e pnnviSiaas of this 1)echhcinkha Declatarrt ri ver the right in additi HE�IUQ "Sign its right ofconSent and approval as set our in this Declaration ad any amendment hereto or to the Association, or Bay assignee of Declarimes development r'ig)ht& At such time aDt es rant no bangs owany t ota of property in the Subdivision, any right of approval reserved to Dectamot by this Declaaratiou shalt be etercised by eha Ai so"ia*- f the ii jurisdiction by reason of the period of'time baralm stated far owhieh vsame sbat be effective, Declarationisiom; under this we declared s void by a coos; of ooced to a period of`time which trW not vichhte the rah � is the event each � shall ivisin aced to e fully efectivc far said rednood against perpakuheS or hey' other haw" of the Santa of North Caroiiaa, and Such provision shall be period of tihrhe. 0atL lhnitations, rffift t W, ems, aud.&Mrraadve obligations set forth in this Doclaraf m shall be binding and their reVcctiuR 120311. succssors, ad assigns, and nm with the land lot a tenm of sweaty (20) ye atS from the of active date of this D i on, after which time, they shalt be a ummatimW exteshded tot ualinriEad, SwOeSSM periodS of tea (10) years unh`mt teimina►ed by agrocamw of Owners to which at lead dmety percent (90%) of the votes in the Association see ailaraned. Ste• !n construing the pmvisiorts of this De> tbsdoa, Q) refereances to articles and seciioas refer ter the articles and sections ja this litclaafim umhm are ppntext otherwise requires; (ii) the use of send,, includes all other genders; (iii) the nee of the siago)ar includes the phual; and (iv) the use of the phrral inehtdea tha singular, moo+ 7, Notice. Ashy- notice requbto deb of Owner the provisions of this linelaretion shall he deemed m have hers properly sect ( when Such Owner er Member, (ii).marile i, postpaid, to the last known addr�S of the 1 '� mrpe are as Member or Owner o of the Associatiom or cm the officW prop" tax record® of the Bmnswick County Tax Axseswr at the time of et" mauling; or (iir') to the extent that an Ow= or Member fly coase"s, via electronic fission to Ra email or other electnor►ic address such Owner or Member shalt provlile to the Association tram tune to tittx. Sochou$• Sev hilltx. Each sad every oovenaat and restriction coatamad hacein a eotrsidered to be an infteadent and wpwaW covanaat and agroemmt. ana if aay one or arose Much covemnts or restrictions shall, for any reason, be bold to be invalid or ail of the remainin covenants and rr rictipaS shall elein; remain in fail force aril d6xt. g. �' IUs Dachnation, t �ta Der ts, cba� and liens set forth herein, they be amends! err changed at any time and €tom time to ' vote or wriftea aigreearart signed by Owners of 1. t to which at least soct3' swen petceot (67°%) of the M in the � allocated. `1'ha � Nawev+ta; until the Ti:raaver l�atc, this Dedlaratioa taRy not be amenticil, changed or teunin afed without DsciarmA consent. In addition, no ameadme at, change or modifraaticn of the rights and privilegea granted and reserved hereunder in fAvor of Declaxaat or of the obligations imposed harith on lit shill be made without the written consent of 1molamirt, Notwithstanding the: flbregr u*. Declarant may: prior to the 7Innover Date, and therefore, the Board of DirWW may, amend this Declaration as shall be nece matt', in its opinion. 0) to coma obvious wrors and omissions herein or (it) to qualify the Association or the SabdivWoo, or any portion thereof, for tax-mempt 01,04 as coatemplated under this Dcciazation, in each case, without the consent of any of the other owners, No anieudwwt to this Declaration Shea 10 et%clive caul executed Brad teaorded is the otirce of hies Brunswick Cotmty Register of Deeds, Section 1 t; 0 �Ndty Eire , tandihrg S+xtion 9 of the Article, so as tt owas any porfron of the Subdivision, Dechra!,v t or approval of any other Owner, shall have the right to amend this Declaration: (a) to conform m the regrdreaaentS of any haw or governmental agency having legal jurisdiction ova the Subdivision; 24 4. it KAiy,PW (b) to mabk any raputdtk insurpm intsr cavetage with respect ha any properties subjxt to IWS p (a) to gaellty dw ,! Lu. and improvements ihamn for tttoqageorimpKoventont Iosnsl w this(d) to MOM addltrottal property to to SutaBvislort make Snow property eulsjnet to Declar,Ilaa pursues to Amick XI. A WW from an official ofany such govea== al Agency, including vddlet limittl3aa, the Vderaos Administration, the Dq wU=a of Houstag and Urbmt DeveWp wit, tltc Federal home Loan Mortgage Corpo,.mm, Ilse CWWW MM Nationst Mortgage AsweIgtIon or the Federal National Mortgage AsswisUo% regxAft or suggesting as amandment acomaq to oomply whh the to Ubvmeats of MMb Marcy t shall be sa ictatt under paeagraph (a) or (c) of this sec*m to support the OWWon of sash smwdmenL Suds amendment stall bacamo oli'acdve upon the date at Its ra*dation In the Ohffft of tlsa ltagiacr ofDeeds, MAY, -in %hall be deemed to incotparatQ by rd'ereoee or odwvjsc. say plans or pnsposals p tinted by Deulsr=, to the developtnem ofthe SLadivislon, and Declarant, subject to the sovensnta, conditions and tt+aWWorts contained k this Daolasation and any SWOemmtat Declaration.. romes the right to dtange .any pleas for Waterway Cove subdivision at my time and from time to time as Dazlttnaet may determine to be aecessaxk baud upon Deowraws oattimuing re.eat+eh and design program andlor market coodhions. Any plans for Wtuavmy Cove st"I"slon mail not bind. Declarant or its waeassors and ndpstu adhere to plans In the dowlopment of the Mdivi ion or any part therm€. Section M Eff2WIg Dlate. This Declaration sLsll become ef6activo upon is recordation in the Offm of the Register of leads for i Brunswick County, North CaiaHna. f� IN Wi'rNM WHRUOF DWarant WATERWAY COS PA 9. this instnment to he exc0aw bw its duly sudnorhmd map40on the day cY.... WATERWAY COVE PAR 1: EMS, LLC A Norris Carolina Limited Lisirity Company By;..— . . Q. am } _� StdeofNorth line Cottnty of I� tins underwiped Notary Public of the County ty * State aft=al 1 of ' ly came befure me dds day and seknowtedged that hd tte Isth rt �(+ L Li and tint by sudwity duly given and as the act � rill 9le ing isipsts cmi ' name on Its heFialf a its ut and dead 'Witness my bawd and Notation stamp or seal, this dry of , 2014 loll I l 1! IlT/// My Convirdasion Expires'.:)L�e � Cy3 NO//y� z .25 14 jr Oile I�� I[l�2v � � �v Qa� 2 5S 1:J 01 i . @6 a 982 Pone I of 4 Tr �Rev,Ck $ Ck :VE 94�- . Rdmd: Flom. 01 V—W79 ell T 0 COU"C-COUMLAW OMMES Orp FWao D*9 SQb 101 r-;'M, NC 2Z4M AM11 ENP,fit"_MF) A 1117LAINS WATERWAY CGIVE ff -1 MAE OWNENFIS AS SO TPON, INC. Waterway Cove Homeowners Association, Inc. does hereby certify the following amendments to its. Bylaws effective the 28th day of March, 2014, RECITAL I . Waterway Cove H &c. ("Association") is the nonprofit I corporadon comprised of "S=== of lots located in Waterway Cove; • 2, Article X1 of the Bylaws of the Association permits amendment of the Bylaws by a majority of the Members present at any meeting at whkh a quorum is present, provided that a notice of the meeting " have been given which states that the purpose or one of the purposes athe meeting is to consider apropowd amendment to the Bylaws and includes a copy or summary of the proposed amendment or states the general nature of the amendtitcut; 1 On Match 28,2014. a nt "CAssociation was held at which a quorum of ft Members was pre t e amendments M fbft hmvinafter were presented to these Members a qferstin or by proxy for consideration, and all of said amendments wow approved by a vote of a majority of those Members present in person and by proxy, NOW, MUREFORZ, the undarsigned officars of the Association. do hereby =* the following amendments have been pmpmiy adopted by the Members as aforesaid e- the annual meeting ofthe Assodation and its Members on March 28. 2014.- CA Articles L It and TV arc Facxd with the &&wing: ARTICLE I NANA—Z AND LOCATION ne name Of the cOVOrlition is Waterway Cove Homeowners Association, Inc. hereinafter ra&ned to as the "Association". Thepripcipal offi e Association shall be located at 1,103 Newpoint Blvd, Suite 6, Letari Ic Wet-ilupoftnembersund directors way be hold at such pFl" by the Board of Directors. g, 4= AR? ICLE n DEF.111ITIONS Capitalized terms used but not otherwise defined herein shall have the meaning ascribed thereto in the Amended Declaration of CoMman Xonditions and Restrictions for Waterway GQP3 ts Cove recorded in Bo Page 905- of the Register Office, Brunswick Coimty, North Carolina.(as the same may be ameo4er me ihe "DeclaratioreD. Ta T@,SAT 'Pik AMACLZ IV OFMIZES SO4100 I- 9269M4=2-1. nwmgigeradofffmoftbeAssodathmsbAbe l0c9W at I IO5N8wpmntBh4 Suite 6, Deland, NC Z8451. k. Section 2 Ednew QIAC of the Association shall be located at 1105 Newpoint RC 28451. 12dM I OdMOMMI The Association may have other offices at sock other PhUM as the Board of Vireftis May fim tbm to time ddemim or as ft affilm of the Association may require, 69MMAmadmant - �- if.fi-Av. The title for Article III is d*.iOt3q V*WA=llOWID cp:(t " foW ARTICLEW ADVaMST' RATJON OF Wj-,TERWAY COV_v 0 Secdom I and 6 of Article VI are deleted and r" the following: MErM"- kiiZliiii AND VOT3NG WGHTS Section 1, Annual MkOWN. A meating of the Mambers xWU be held at lead once each year (an ``Annual Meeting,"). T!he Annual bleeft shall be so by the Board of Directors and hold on a huisihess day in January of each year at 9:00 pm, Bastim Standard Time, or at a time net by the Board of Dimators. At Annual Meetings, the 8=4 of Dirmtots shaU he elected in accordance with thew Bylaws, and the Mm*m shall tra ms properly come before theta.otherbunum as my Section 6. y I he Veft di is of the Membership shall be appurtenant to the ownership of the Lot or Dwelling. I%cm shall be two deem OfMembaft with respect to voting rights: (a) Cam A Iv4embars Class A Members shall be all OWAM Wmepft the Declarant and NATUREWATCH LLC. Class A Members dmill be entitled to omA(l) vote ft east Lot in which they hold &e interest nxwW f br me'! batu nbom When more than one person holds mWh interest to such Lot shall be exercised as such persons In but in no event shall mom than am (1) vote be Cam with respell to any such Lot. When a purchaser of an huhvidual Lot at LoYs tAft title the floss the Declarant, simb Pmham autmadcally bmoom a Class A Member, unless that purchaser is MATUREWATCH LLC— - a 6T�R 11,�,�ll�� (III !I l dP1 C1.4 ' , (b) Cuss B fibers_ Class B Members shall be the Declarant and NATUREWATCJJ LLC. Each Class B Member shall be entitled to ten (10) votes for each lot owned, Class B membership shall cease and become converted to Class A membership upon the happening of the earlier of the following (i) The date on which neither the Deeia�r �;NATUREWA7n4 LLC owns any part V i9 n {including Common Areas), '0 00 FifteeAM years following the date of recordation of the Amended Declaration; or OR) At such time as the Class B Members voluntarily relinquish their Class B Member status in writing. From and after the happening of whichever o - "earlier, the Class B Member shall be deemed to be a Gl ss tied to one vote for � Lot owned in the manna provides above. ,:,, o M TESMONY WHRMOF, for the purpose of cer ifyin the adWion. of tht amendments afamaid, this docu t has:bem exmted on bdWfef the A Won by its President, attested by its Secretary. and its Nal aff=d hereto, all by order ofthe Board of Directors and the metnbetsbo of the Association fast daly gives. r� (POD 0� v CAL` COVE HOMEOWIMS ASSOCIATION, a N corporation �rlrrEBFt: i�--� : ATMST (Z s Q waxy ' 0 s+ �rp illra'ti ° T(�l cr, r lJ• �:. 0 State of County of EflAdIsfArtcK bef mec�s and ackrmavledged that [ is e y of =1'` lid o, i ( ! A at- and that by au ty duly.given to him and as ac K h5b mmmt vase siped in its } tf Vitness my hand and official seal, this dw it My oommilwon expires L. lk We, 6C �On 0n(165 Cr �� IN - the PROP of Z tor page U11 T — V c� adzwcasl, Jv diirrA*, Return W, Hnsw Faulk, PA Prepared by said 3()q post Offies DrW after roWWIng mWm to: irdan Trall, t40 20079 File No. 151119 & Wows UP (CNA), 1100 DrIv(, Saar IttZqGtory, NC 27618 TMS A -,,ENT 4P.*'6F WCLARANT FUGHT3 VA"Agnmoof) is made 881 affective ssofthe r(disojor COMPANY, an Illinois a (*Ass ,,%690 for the benefit of WATERWAY CM PARINIM.LLC,$NftorthCxt0a&vftdoikblmyoompayt vilgne#"), VVHURM, Assignor has conveyed to Assignee the Property described on Oxhlblt A attached tMirsto and incorporated Wolin by reference tthe *Pfoparty). VINEMAS. in =neetion with the we of the Property, Assignor has agreed to convey to Assignee and Assignee has a"Od to accept from Assignor all of Assignors rights, privileges, obligations and liablillist, It any, as declarant (W[activety, 106q rttfR, . , . U the Declaration of Protective Covenants, Restrictions, Easements, e�, =144 _!! I , [10 -, May Cava recorded In Book 3046, Me $97, of the public rem I V% ly., Carolina and the North Carolina Planned Community Act, NOW, THEREFORE, lor good and vv6hi .riston, The receipt and suff-derw of which are hereby acknowledged, the piortles agree no follow I AtAultmetat and nor assigns, quitclalms, and con" to Assignee without representation or warranty and on an 'AS W and 'WHEftE.49' bests, with all known and unknown foulls. and Assignee hereby accepts and assumes all of Assignor's Declarant Rights. Assignor makes no representation at vistranty whateower, written or 01eirlexpress or implied, vAth regard to the Dodstrant Rights. Assignor expn"t4lacialma pTo'k to., (a) whether "n, or warranty as A w-Igner has any Dedarant Rights; dr (bl �IMN"hile. ft authority to assign, quitclaim and convey the Dealorant fUghts, Z, mn]fy and hold Assignor, its membor, managers, , =. ran . 'dwasta ftigWba against any and all claims, losses. officlars. parents, affiliates ano = 1,14n liabilities, damages, vqwws, foe and costs (inclik,1% alk-toys' fees) arising In whole or in part from We Assignment and/or Assignee's acto or omlsslons as #I* sbocessott to the Dederant Rights. 2. AlMotliMmm Assignso joins In the execution of this Instrument for the purpose of accepting this Assignment In accordance with N.C. Gem Stat. J 4?F-3-104. This Assignment may be executed In one or more counterparts, each of which will constitute an orsginat but which together shall constitute a single Instrument. This Assignment will became effective upon the recording thereof in the Office of the Register of Deed; for Brunswilck County, North, rollne, North Carolina low, sxc!oding principles of conflicts of left, shall 06"'m the jird. [01omment of this Assignment, "U542 C P-��4kA Ir Brunswick County NC Register of Dead' Clem..01 . PROP page S of le r - i'i t''igeiv�.�...-.�..—...mM11 i�� ii�.-- „,,,, ,.11`�G'•'�.�.......�..._�� 13 Portions of document are Illegible due to cond14LIO n of original. Q Document contains seals verified by original instrument that cannot be reproduced or copied. SECOM A ME dDMEiNT TO AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS, RES'TRIC'TIGhS, EASEMEINTS, CMALRGES, LIENS FOR WATERWAY COVE Prepared by and return recording to: Eden P. Wortman Marshal' Williams & Gorham, L12 14 S Pill Five Wilmington, NC 28401 Brunswick County J�� ��� � 1 d; 15 56-291a01 $runswick County NC Register O Deeds pagem? of 20PROP SECO NT) AME, NIDMENTTO AMENDED 421-;R . R+ STA TE.Iy ruECLARAT f ON OF PROTECTIVECOVENANTS,':ZEST.RICTIONS,EASEMENTS, CIIARCIFS, AND .LIENS FOR WATERWAY COVE THIS SECOND AMENDMENT TO AMENDED AND RESTATED DECLARATION for Waterway Cove is made by this the 3"" day of November, 2017 by WCP I=, L.LC, the Successor Declarant, and the undersigned WATERWAY COVE HOMEOWNERS ASSOCIATION, INC., a North Carolina non-profit corporation operating in Brunswick County. WI ESSE' H: WHEREAS, WATERNAY COVE is a real estate development located. in Brunswick County, North Carolina further identified on the following map(s): A. "Waterway Cove Phase 1 A", recorded on April 16, 2010 in the Brunswick County Registry at Map Book 65, Pages 18-25; B. "Waterway Cove Phase 2", recorded on March 26, 2013 in the Brunswick County Registry at Map Book 77. Pages 69-71; C. "Final Master Land Use Plan Phase 3 Section 1 Lots 59-70 & 82-98 Waterway Cove" recorded on March 30, 2016 in the Brunswick County Registry at Map Cabinet 94, Page 3; D. "Final Master Land Use Plan Phase 3 Section 2A Lots 99-125 Waterway Cove" recorded on March 3, 2017 in the Brunswick County Registry at Map Cabinet 99, Page 85; E. "Final Master Land Use Plan Phase 3 Section 2A Lots 99-125 Waterway Cove Revision of PB 99 PG 85" recorded on March 10, 2017 in the Brunswick County Registry at Map Cabinet 99, Page 95; and R "Final Master Land Use Plan Phase 3 Section 2B Lots 126-156 Waterway Cove" recorded on July 10, 2017 in the Brunswick County Registry at Map Cabinet 101, Page 70. y7JHE, ��S, vvr ,_ nP.,'%;.jA ' COVE was initially developed by Waterboro Village Management, LLC, (hereinafter "Original Declarant''), which caused to be recorded the following: A. "Waterway Cove Phase 1 A", recorded on April 16, 2010 in the Brunswick 2 1111111111111111l�� 11111 ��9 I� . 1-13 2017Brunswick County 001 A7C x y ds Clempton6 PROP egss er oeeds Pago 3 of to County Registry at Map Cabinet 65, Pages 18-25; B. "Declaration of Protective Covenants, Restrictions, Easements, Charges and Liens For Waterway Cove", recorded on May 13, 2010 in the Brunswick County Registry at Book 3045, Page 897; C- "Affidavit" addressing water and sewer distribution lines in Phase 1A, recorded on October 20, 2010 in the Brunswick County Registry at Book 3095, Page 1379; and D. "Affidavit" addressing water and sewer distribution lines in Phase 2, recorded on July 11, 2011 in the Brunswick County Registry at Book 3175, Page 892; and WV_RE.AS, the Original Declarant transferred its ownership and rights to WATERWAY COVE to Special Services Asset Management Company, an Illinois Corporation, pursuant to two North Carolina Oenera3 Warranty Deeds, recorded on January 27, 2012 in the Brunswick County Registry at Book 3233, Page 792, and August 1, 2012 in the Brunswick County registry at Book 3296, Page 1178; and WHEREAS, Special Services Asset Management Company caused to be recorded the following: A. "Waterway Cove ?hase 2", recorded on Mach 26, 2013 in the Brunswick County Registry at Map Cabinet 77, Pages 69-71; and 3. "Assignment And Assumption of Declarant Rights", recorded on July 10, 2013 in the Brunswick County Registry at Book 3428, Page 834; and 'WHEREAS, Special Services Asset Management Company transferred its ownership and rights to WATERWAY COVE PARTNERS, LLC, the Successor Declarant, pursuant to a North Carolina General Warranty Deed recorded on July 10, 2013 in the Brunswick County Registry at Book 3428, Page 834; and AREAS, WATERWAY COVE PARTNERS, LLC and Waterway Cove Homeowners Association, Inc. ("the Association") caused to be recorded the "Amended and Restated Declaration of Protective Covenants, Restrictions, Easements, Charges, and Liens for Waterway Cove", recorded on May 2, 2014 in the Brunswick County Registry at Book 3523, Page 205; and 17��L+EP`-AS, Waterway Cove Partners, LL , the Successor Declarant, caused to be recorded the following: A. "Final Master Land Use Plan Phase 3 Section 1 Lots 59-70 & 82-98 Waterway Cove", recorded on March 30, 2016 in the Brunswick County Regissy at map 11-13-2017 15:56:29ACI Brunswick County, NC Register of Deeds page 4 of 10 Cabinet 94, Page 3; B. "Supplemental Declaration of Protective Covenants, Restrictions, Easements, Charges and Liens .For Waterway Cove" recorded on March 31, 2016 in the Brunswick County Registry at Book 3750, Page 1305; and C. "Assignment of Declarant Rights", recorded on May 26, 2017 in the Brunswick County Registry at Book 3912, Page 922; and WHE--RH1;AS, WCP II, LLC, the Successor Declarant, caused to be recorded the following: A. "Final Master Land Use Plan Phase 3 Section 2A Lots 99-125 Waterway Cove" recorded on March 3, 2017 in the Brunswick County Registry at Map Cabinet 99, Page 85; B. "Final Master Land Use Plan Phase 3 Section 2A Lots 99-125 Waterway Cove Revision of PB 99 PG 85" recorded on March 10, 2017 in the Brunswick County Registry at Map Cabinet 99, Page 95; C. Final Master Land Use Plan Phase 3 Section 2B Lots 126-156 Waterway Cove" recorded on July 10, 2017 in the Bruns rick County Registry at Map Cabinet 101, Page 70; and D. "Supplemental Declaration of Protective Covenants, Restrictions, Easements, Charges and Liens for Waterway Cove Phase 3, Sections 2A and 2B", recorded on September 14, 2017 in the Brunswick County Registry at Book 3959, Page 92. V�'R-` E R EA S, this SEC-0N D AM IJIND, MEN T TO AIDE NDO ED A ND. R ES3: A i. ED DLL CLARATI+. N OF PROTECTIVE CGVENANTS, .REST RICT DONS, EA Sf+ MENTS, C--1 JARGES AND LIENS FOR WATERYVA'Z C0017E is made pursuant to N.C.Gen. Stat. 47F-2-117; and ►.VRED-R'A S, the Declarant rights reserved in the Declaration and other applicable documents were assigned to the Successor Declarant by deeds recorded on January 27, 2012 in the Brunswick County Registry at Book 3233, Page 792, and August 1, 2012 in the Brunswick County Registry at Book 3296, Page 1178, and recorded on July 10, 2013 in the Brunswick County Registry at Book 3428, Page 834; and %Vi; ZREA%S, Article XIV, Section 9 of the Amended and Restated Declaration allows amendment of the Declaration at any time and from time to time by the affirmative vote or written agreement signed by Owners of Lots to which at least sixty -sever (67%) of the votes in the Association are allocated, and at the time of the recording of this Amendment, Successor Declarant holds 550 of the 651 votes of the Association; and VITITE,RE,AS, Article XIV, Section 10 of the Amended and Restated Declaration allows 4 Regi1s."erj1r1 o3�0► ;s 5s z9'7eTkJ ■swick County, o 0..,Jf C��^mons PROP PgeSof 10 the Declarant to amend the Declaration without approval of any other Owner to conform to the requirements of any law or governmental agency having legal jurisdiction over the Subdivision, and DENR sent a written request for the Declaration to be amended to come into compliance with Stormwater Permit No. S W8 070544; and 3MR—L, .EAS, the Ramose of this Amendment is to amend and clarify the Association's obligation to replace landscaping on individual Lots referenced in all prior Declarations or Amendments. to clarify the restrictions on parking within Waterway Cove and to comply with the Built Upon Area r'BUA") restrictions set out in the Stormwater Permit No SW8 070544. and NOW, TT3EREFORE, the Successor Declarant, hereby declares that the AMENDED AND RESTATED DECLARAT)ON OF PROTECTIVE COVENANTS, RZESTRIMONS, EASEMENTS, CHARGES AND LIENS FOR WATERWAY COVE shall be A.ME' DEID for all Lots in Wate..-way Cove as follows: ARTICLE II, Uses of Lots and Common Area, Section 13. Vehicle and Off -Street Parking shall be deleted and replaced with the following: Section 13. Vehicle and Off -Street Parking No mobile home, modular Dome, trailer (either with or without wheels), motor home, tractor truck (other than personal -use pick-up trucks and sport utility vehicles), commercial vehicles of any type (including, without limitation, cars or trucks with advertising signs or lettering), camper, motorized camper or trailer, recreational vehicle, boat or other watercraft (including jet skis, wave runners and similar craft), boat trailer, motorized go-cart, or other related forms of transportation may be stored or parked upon any Lot, on the Common Areas, or on any right-of-way of any road or street within the Subdivision or adjoining the Subdivision, by any Owner, its family members, tenants or contract purchasers except either in an enclosed garage located on a Lot or otherwise in accordance with the Rules and Regulations. Each Owner shall provide for parking of vehicles off of the alleys, private lanes, streets and roads within the Subdivision. Notwithstanding the foregoing, but subject to the ordinances and regulations of any governmental authority have jurisdiction thereof, (i) delivery and maintenance vehicles that are not owned by a Lot Owner or its family members or tenants may park either in the driveway or on the streets and roads immediately in front of the Lot for which the delivery or maintenance is being provided for a period not to exceed 8 hours; (ii) no Owner, resident or tenant may park on the street without prior Board approval; and (iii) contractor's trucks and vehicles may be parked on the Lot or on the streets and roads of the Subdivision during and in connection with the construction of a Dwelling or other Improvement. Overnight parking at the clubhouse is not permitted. No Owners or other occupants of any portion of the Lots shall repair or restore any vehicle of any kind upon a Lot or within the Subdivision except (i) within enclosed garages, or (ii) for emergency repairs, and then only to the extent necessary to enable the movement thereof to a proper repair facility. Violators of the prohibitions contained in this section are subject to have their vehicles towed, at the Owner's expense, by or at the dire0don of the Association, and to the levy of fines by the Association in such amount as may be otherwise determined from time to time by the Association. Additional rules and regulations regarding use, repair, parking (both Brunswick County. NC Reg! 1-1 2017 Brenda M Clemmons:29 001 of Deeds pale a of 10ROP off-street and on -street) and storage of vehicles in the Subdivision may be promulgated from time to time by the Association. ARTICLE VII, Property Rights in the Common Area/Easements, Section I1. Maintenance Easement is amended to add the following provision: "The cost of maintenance of trees or other landscaping as provided in this section shall also constitute an Individual Assessment against the Lot on which the subject trees or landscaping is located and the Owner of such Lot as provided in Article VIII herein. ARTICLE IX, Stormwater .Management; Permits, Section 1. Compliance with Stormwater Mana ement, (a) Stormwater Restrictions, is amended to add the following subsections: (v) The maximum BUA per lot is: 11-13-M7 !� P -,;I Brunswick -Count, eglater s clermons PROP f yBrepage 7 of 10 291 29 30 12 3600 3600 - 360 3600 : :]f3600 0 32 2 -: - 3 600 0 33----- 3600 34 35 2 3600 2 3600 36 37 33 39 40 2 2 2 2 12 __�3600 13600 610 _13600 3600 41 2 3600 42 2 3600 43 IV 600 .3600 44 2 3t6 ()0 3600 1 45 2 _ _ 606 3600 46 2 2 3600 13600 48 2 3600 49 50R 51R 12 12 2 3600 3600 3900 52R 2 13600 54 55 2 1 A 3600 -5-6-00 36, 56 1 A 1 A 361 3600 57 IA. IA 3600 3 6( 58 IA IA 36( 3600 59 3/1 . 3/1 .... 13650 60 3/1 T 3-6 j -0- 6 --F-3650 63 3/i 64 3/1 3500 66 66 311 3500 67 3/1 3500 68 3/1 3500 69 70 I :I/1 13500 3500 I Ovu 73 IA 36010 74 !-A 6=-- Ej 1175 ==60!) IA 3700 7 11BIrIloln1swE!Ilclkl!Cffoluln'tlly1f111llfllfl ;-�6-z9�O®, Brenda M Clemmons PROP , NC Register of Deeds page 8 of N __- 360Q 77 IA — �__35QC _ J 78 - 1A-- -- 3600 �79-- IA36QQ - 80 IA .. 13500 8i _ ._..._ . lA - 3500 i �84 186 ..._ j 3/1 3/1 13400 - 87 j 3/1 3503 8$ 3/1 3500 89 , 3/1. _..... 3500 90 - 3/1 3500 94 3/1 4070 j 95 3/1 4070 96 3/1 14070 I 97 98 _. 3/1 3/1 4070 no1Q 101 . ._. 3/2A 4070 3/2A. 3500 _ � 3 _ 3/23 3300 This allotted amount includes any BUA constructed within, the lot propeiry boundaries, and that portion of the right -or" -way between the front lot line and the edge of the pavement. BUA 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. (vi) Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable BUA due to CAMA regulations. (vii) All runoff from the BUA 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 and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. (viii) BUA in excess of the permitted amount will require a permit modification. ARTICLE X, Exterior Maintenance, Reasonable Access and Maintenance of Common Area, Section 2. Maintenance and Landscaping of Lots is deleted and replaced with the following: Section 2. Maintenance and Landscaping of Lots Shall be deleted and replaced with the following: 8 11-1 -2017 111111-111011111111 M. Brunswick county, NC Register of Daeds �°ns PROP Page 9 of 10 The Association shall maintain trees, shrubs, grass and other plantings of landscaping planted on each Lot prior to issuance of the Certificate of Occupancy or the Lot, including in any Buffer Area, to the extent that such (i) were not present prior to Improvement; iiwere approved by the ARC or (iii) were added by the Association to the landscape of the Lot. The maintenance obligation of the Association set forth in this section includes, but is not limited to, the application of fertilizer, reseeding and replacement of grass, and extends to the portion of any Common Area and/or public street right-of-way located between the boundary line of each Lot and the shore of any Wke, pond, water retention area, stream or other body of water located within Common Area. The Association shall maintain landscaped and grassed areas on each Lot for which it is responsible. Landscaping as approved by the ARC is to be installed prior to occupancy of the Dwelling on such Lot; occupancy of a Dwelling prior to completion of landscaping shall require the written approval of the ARC, shall be for good cause only, and shall be no earlier than ninety (90) days prior to completion of landscaping. If the Association replaces landscaping on a Lot, the replacement will be made as deemed necessary by the ARC and will not necessarily be direct replacement of any cr all species, size or quantity of plants that were part of the original landscape installation. Replacement requirements do not include any plant materials or vegetation added or installed by the Owner. In order to enable the Association to accomplish the foregoing, it is reserved to the Association the right, privilege and easement of unobstructed access over and upon each Lot at all reasonable times to perform the maintenance as required in this section. The Owner shall not (i) place any furniture or place or construct any Improvements on the Loy that will interfere with the Association's maintenance obligations of this section, or (ii) plant any vegetation on the .Lot, except in each case upon the submission to and approval by the ARC pursuant to Article IV. The ARC may condition the approval of the fencing in of any area on a Lot or the erection of any improvements on a Lot with the ceding of the obligation to maintain the trees, shrubs, grass and other plantings affected by such, upon which such maintenance obligation shall become borne solely by the Owner of such Lot. No maintenance by an Owner of such plantings shall reduce the assessment payable by such Owner to the Association. N OIN, T-1111YER744,FORE, the Successor Declarant, hereby declares all lots in Waterway Cove shall be held, sold, and conveyed subject to the amendments made herein, as well as the AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS FOR WATERWAY COj/E recorded on May 2, 2014, along with the amendments recorded on March 31, 2016 in the Brunswick County Registry at Book 3750, Page 1305, which apply ONLY to Phase 3 of WATERWAY COVE, and the amendments contained in the SUPPLEMENTAL DECLARATI®N OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS FOR WATERWAY COVE Phase 3, Sections 2A and 2E, recorded on September 14, 2017 at Book 3959, Page 92, which apply ONLY to Phase 3, Sections 2A and 2B of WATERWAY COVE. VIE, I�TC�l�m �nsPROP '29.0,71 Brunswick County, NC Register of Deeds page I® or 10 IN WITNESS WHERECT+, Succesor Declarant WCP II, LLC, has caused this instrument to be executed by its duly authorized manager on the C— day of November, 2017. WCP II, LLC A North Carolina Limited Liability Company By (Name, Title) State of North Carolina County t I, the undersigned Notary Public of the County and State aforesaid, certify that f s. �s ��tii. uy._ �� �,• ;s ;_personally came before me this day and acknowledged that he/she is the of WCP A L d,� and that by authority duly given and as the act of such entity, he/she attested the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this 2017. C My Commission Expires-�ZL, i\•- XG UNeot o Je� C,0�xpMes 10 IIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIII B end PfrVC/en09- mens 407PRO Brunswick County, NC Register of Deeds page 1 of 8 R i � T Rev IF &V Ck $ Gk Mt,as $ Refund (,gptr $ Finance 11 Portions of document are Illegible due to condlbon of original. O Document cwftkls seals verified by original Instrument Met cannot be reproduced or oopled. WATERWAY COVE SUPPLEMENTAL DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES, AND LIENS FOR WATERWAY COVE PHASE 3, SECTIONS 2A AND 2B Prepared by and return recording to: Ellen P. Wortman Marshal, Williams & Gorham, LLP 14 S. 5 Ave Wihnington, NC 28401 11111111111111111111110111 .1011I t#t! eons 40PROP � Brunswick Co,ty, NC gister of Deeds page 2 of a SUPPLEMENTAL DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES, AND LIENS FOR WATERWAY COVE PHASE 3, SECTIONS 2A AND 2B THIS SUPPLEMENTAL DECLARATION for Waterway Cove is made by this the 7t1a day of September, 2017 by WCP II, LLC, the Successor Declarant of the subdivision known as Waterway Cove and the owner and developer of certain real estate in Brunswick County being known as Phase 3 Section 2A and Phase 3- Section 2B Lots 99-156 Waterway Cove, being more fully particularly described in Exhibit A attached hereto, made part hereof and incorporated herein by reference. Pursuant to Article XI, Section 2 of the Amended and Restated Declaration of Protective Covenants, Restrictions, Easements, Charges and Liens For Waterway Cove, Successor Declarant declares: WITNESSETH: WHEREAS, WATERWAY COVE is a real estate development located in Brunswick County, North Carolina further identified on the following map(s): A. "Waterway Cove Phase 1A", recorded on April 16, 2010 in the Brunswick County Registry at Map Book 65, Pages 18-25; B. "Waterway Cove Phase 2", recorded on March 26, 2013 in the Brunswick County Registry at Map Book 77, Pages 69-71; C. "Final Master Land Use Plan Phase 3 Section 1 Lots 59-70 & 82-98 Waterway Cove" recorded on March 30, 2016 in the Brunswick County Registry at Map Cabinet 94, Page 3; D. "Final Master Land Use Plan Phase 3 Section 2A Lots 99-125 Waterway Cove" recorded on March 3, 2017 in the Brunswick County Registry at Map Cabinet 99, Page 85; E. "Final Master Land Use Plan Phase 3 Section 2A Lots 99-125 Waterway Cove Revision of PB 99 PG 85" recorded on March 10, 2017 in the Brunswick County Registry at Map Cabinet 99, Page 95; and F. "Final Master Land Use Plan Phase 3 Section 2B Lots 126-156 Waterway Cove" recorded on July 10, 2017 in the Brunswick County Registry at Map Cabinet 101, Page 70. IiIIfII�II�III1iIII�IIIIIIIIIIIIIIII B3959 Pam °m Clemons 4®' rendPROP Brunswick County, NC Register of Deeds page 3 of 8 WHEREAS, WATERWAY COVE was initially developed by Waterboro Village Management, LLC, (hereinafter "Original Declarant"), which caused to be recorded the following: A. "Waterway Cove Phase IA", recorded on April 16, 2010 in the Brunswick County Registry at Map Cabinet 65, Pages 18-25; B. "Declaration of Protective Covenants, Restrictions, Easements, Charges and Liens For Waterway Cove", recorded on May 13, 2010 in the Brunswick County Registry at Book 3045, Page 897; C. "Affidavit" addressing water and sewer distribution lines in Phase 1A, recorded on October 20, 2010 in the Brunswick County Registry at Book 3095, Page 1379; and D. "Affidavit" addressing water and sewer distribution lines in Phase 2, recorded on July 11, 2011 in the Brunswick County Registry at Book 3175, Page 892; and WHEREAS, the Original Declarant transferred its ownership and rights to WATERWAY COVE to Special Services Asset Management Company, an Illinois Corporation, pursuant to two North Carolina General Warranty Deeds, recorded on January 27, 2012 in the Brunswick County Registry at Book 3233, Page 792, and August 1, 2012 in the Brunswick County Registry at Book 3296, Page 1178; and WHEREAS, Special Services Asset Management Company caused to be recorded the following: A. "Waterway Cove Phase 2", recorded on March 26, 2013 in the Brunswick County Registry at Map Cabinet 77, Pages 69-71; and B. "Assignment And Assumption of Declarant Rights", recorded on July 10, 2013 in the Brunswick County Registry at Book 3428, Page 834; and WHEREAS, Waterway Cove Partners, LLC, the Successor Declarant, and Waterway Cove Homeowners Association, Inc. ("the Association'), caused to be recorded the following: "Amended and Restated Declaration Of Protective Covenants, Restrictions, Easements, Charges And Liens For Waterway Cove", recorded on May 2, 2014 in the Brunswick County Registry at Book 3523, Page 205; and ill l III I IIIiI I II I I IIlI III II II I IIII �I �959 P0095 �ns-4PROP 07.17 000 Brunswick County, NC Register of Deeds page 4 of 8 WHEREAS, Waterway Cove Partners, LLC, the Successor Declarant, caused to be recorded the following: A. "Final Master Land Use Plan Phase 3 Section 1 Lots 59-70 & 82-98 Waterway Cove", recorded on March 30, 2016 in the Brunswick County Registry at Map Cabinet 94, Page 3; B. "Supplemental Declaration of Protective Covenants, Restrictions, Easements, Charges and Liens For Waterway Cove" recorded on March 31, 2016 in the Brunswick County Registry at Book 3750, Page 1305; and C. "Assignment of Declarant Rights", recorded on May 26, 2017 in the Brunswick County Registry at Book 3912, Page 922; and WHEREAS, WCP II, LLC, the Successor Declarant, caused to be recorded the following: A. "Final Master Land Use Plan Phase 3 Section 2A Lots 99-125 Waterway Cove" recorded on March 3, 2017 in the Brunswick County. Registry at Map Cabinet 99, Page 85; B. "Final Master Land Use Plan Phase 3 Section 2A Lots 99-125 Waterway Cove Revision of PB 99 PG 85" recorded on March 10, 2017 in the Brunswick County Registry at Map Cabinet 99, Page 95; and C. Final Master Land Use Plan Phase 3 Section 2B Lots 126-156 Waterway Cove" recorded on July 10, 2017 in the Brunswick County Registry at Map Cabinet 101, Page 70. WHEREAS, this SUPPLEMENTAL DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS FOR WATERWAY COVE is made pursuant to N.C. Gen. Stat. 47F-2-117; and WHEREAS, it is the desire of the Successor Declarant to invoke the powers granted to it in Article XI, Section 2 of the Amended and Restated Declaration of Protective Covenants, Restrictions, Easements, Charges and Liens For Waterway Cove to subject Phase 3 of Waterway Cove, which is additional land contiguous to Phases IA and 2 of Waterway Cove to the jurisdiction of the Association by recording this Supplemental Declaration. Phase 3 shall also be subject to the AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS FOR WATERWAY COVE recorded on May 2, 2014, with the amendments contained in the 111111111111II I I l I I I II III II I II I I U II Brond Pa m offs: ��'P Brunswick County, NC Register of Deeds page 5 of a Supplemental Declaration of Protective Covenants, Restrictions, Easements, Charges and Liens For Waterway Cove recorded on March 31, 2016 in the Brunswick County Registry at Book 3750, Page 1305, which ensure that Phase 3 are maintained consistent with the ordinances of the Town of Ocean Isle Beach, have specific minimum setbacks, and that all Lots in Phase 3 shall be accessed from within the development and no driveway access shall be permitted from Waterway Drive, and the following amendments, which ensure that Phase 3, Sections 2A and 2B comply with the Built Upon Area (`BUX) restrictions set out in the Stormwater Permit No. SW8 070544; and NOW, THEREFORE, the Successor Declarant, hereby declares that Phase 3, Sections 2A and 2B of Waterway Cove shall be held, sold, and conveyed subject to the AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS FOR WATERWAY COVE recorded on May 2, 2014, along with the following amendments, which apply ONLY to Phase 3, Sections 2A and 2B of WATERWAY COVE: ARTICLE DX Stormwater Management; Permits, Section 1. Compliance with Stormwater Management, (a) Stormwater Restrictions, is amended to add the following subsections: (v) The maximum BUA per lot is: Lot number Phase BUA 100 3/2B 4070 104 3/2B 4070 106 3/2B 4070 110 3/2B 4070 112 3/2B 4070 121 3/2B 3500 122 3/2B 3500 125 3/2B 3500 This allotted amount includes any BUA 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. BUA 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. (vi) Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable BUA due to CAMA regulations. (vii) All runoff from the BUA 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 and IIIIIIIlllillII IIIIIIIIIIIIIIIIIIIII Brond M. Cl ns PROP Brunswick County, NC Register of Deeds page 6 of a directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. (viii) BUA in excess of the permitted amount will require a permit modification. NOW, THEREFORE, the Successor Declarant, hereby declares that Sections 2A'and 2B of Phase 3 of Waterway Cove shall be held, sold, and conveyed subject to the AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS FOR WATERWAY COVE recorded on May 2, 2014, along with the amendments recorded on March 31, 2016 in the Brunswick County Registry at Book 3750, Page 1305, which apply ONLY to Phase 3 of WATERWAY COVE, and the amendments contained herein, which apply ONLY to Phase 3, Sections 2A and 2B of WATERWAY COVE. REMAINDER OF PAGE INTEN 71ONALLY BLANK REMAINDER OF PAGE INTENTIONALLY BLAl\'IL REMAINDER OF PAGE INTENTIONALLY BLANK REMAINDER OF PAGE INTENTIONALLY BLANK REMAINDER OF PAGE INTENTIONALLY BLANK REMAINDER OF PAGE INTENTIONALLY BLANK REMAINDER OF PAGE INTENTIONALLY BLANK REMAINDER OF PAGE INTENTIONALLY BLANK REMAINDER OF PAGE INTENTIONALLY BLANK REMAINDER OF PAGE INTENTIONALLY BLANK REMAINDER OF PAGE INTENTIONALLY BLANK. REMAINDER OF PAGE INTENTIONALLY BLANK IIIIII IIIIIIIIII IIIIIIIIIIIIIII IIIIII B�59 M- Clem ns 401P000 ROP Brunswick County, NC Register of Deeds page 7 of 8 IN WITNESS WHEREOF, Successor Declarant WCP H, LLC, has caused this instrument to be executed by its duly authorized manager on the -_ day of September, 2017. WCP II, LLC A North Carolina Limited Liability Company By: (Name, Title) State of North Carolina County of Ljj%`b t7 0//��� I, the undersigned Notary Public of the County and State aforesaid, certify that .4-1td '_ . V **i s'My-y personally came before me this day and acknowledged that he/she is the WCP 11, LLC, and that by authority duly given and as the act of such entity, she attested the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this Z day of mMMr 2017. 1�/ii... My Commission Expires: Da •C-)A& ?4 Z..Z. II I II I IIIIINi l fllll �I II III III I III 8395 p�C9 mans aOtPOZO RO Brunswick County, NC Register of Deeds page 8 of 8 EY-MIT A All those tracts or parcels of land lying and being situated in Brunswick County, North Carolina, and being more particularly described as follows: Lots 99-125 and 12-6-156 as depicted on those maps entitled: "Final Master Land Use Plan Phase 3 Section 2A Lots 99-125 Waterway Cove" recorded on March 3, 2017 in the Brunswick County Registry at Map Cabinet 99, Page 85; "Final Master Land Use Plan Phase 3 Section 2A Lots 99-125 Waterway Cove Revision of PB 99 PG 85" recorded on March 10, 2017 in the Bnmswick County Registry.at Map Cabinet 99, Page 95; and "Final Master Land Use Plan Phase 3 Section 2B Lots 126-156 Waterway Cove" recorded on July 10, 2017 in the Brunswick County Registry at Map Cabinet 101, Page 70. I' _. -� .. —, -a, - - . �:': F_� ti r i'.: �--=i..... -.- . a. �.r . r r ✓... ..� .w. n . ,._ .. .-`�.�6Ep '�w:.F'—.�. _'.= aTC--.•."F.,y-`-_ .