SW8891122_CURRENT PERMIT_19900110

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 cd q � I'Ll-
DOC TYPE
x❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
1 `l g o a 1 t o
YYYYMMDD

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State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
January 10, 1990
W.P. Two Partnership
John H. Phillips
Post Office Box 550
Atlantic Beach, North Carolina 28512
Subject: Certification of Compliance
with Stormwater Regulations
Project No. 891122
Live Oak Forest At Pine Knoll Shores
Carteret County
Dear Mr. Phillips:
The Wilmington Regional Office received the Stormwater
submittal for Live Oak Forest on December 5, 1988 and final
information on January 4, 1990. Based on our review of the
project plans and specifications, we have determined that the
project complies with the Stormwater Regulations set forth in
Title 15 NCAC 2H. 1003(a)(2). This certification shall be
effective from the date of issuance until rescinded and the
project shall be constructed in accordance with the plans and
specifications subsequently filed with the Wilmington Regional
Office.
If you have any ,questions concerning this matter, please
call Paul Rawls or me at [phone].
Sincerely,
Unginal Sil"Ied By
A. Preston Howard, Jr., P.E.
Regional Supervisor '
PER:891122.Jan
Attachment
cc: Bill Mills
WiRO, CF
7225 Wrightsville Avenue, Wilmington, N.C. 28403-3696 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

I
DIVISION OF ENVIRONMENTAL MANAGEMENTS
Submittal Form for Projects Using Density Limits fors\Stormwater Control
PROJECT DATA
Name of Project: Live Oak Forest At Pine Knoll Shores
Location (County, Township/Municipality, Address): Carteret
Applicant Name: W P Two ( A Partnership)
Mailing Address:p, 0, Drawer 550, Atlantic Beach, NC 28512
Phone No: 919 726-0427 0, David Waller)
Submittal Date: Novem_b_er_22, 1989
Brief Description (include map and appropriate drawings):
Site 7.97 acres in Town of Pine Knoll Shores. To be develonted into
lots, two paved streets, no curbs or Butters
Water Body Receiving Stormwater Runoff:
Name of Water Body: Bogue Sound
Classification of Water Body: SA
Total Area of Proposed Project (acres): 7.97
State/Federal Permits and Approvals Required:
(Check Appropriate Blanks)
CAMA Major Sedimentation and Erosion Control x
404 Permit x DEM/DHS Sewage Disposal x
Other (specify):
CALCULATION OF BUILT -UPON AREA
(Built -upon area means that portion of an individual development that is
covered by impervious or partially pervious cover including buildings,
pavement, recreation facilities, etc. but not including wooden decking. If
the project includes areas draining to different water classifications, then
note them separately as outlined below)
Classification:
a) Built -upon area:
b) Total project area:
% built -upon area' _
c) built -upon area >
limits' for the
classified water?
Subwatershed
SA
863 7.8R
347,173
24.99 %
25%
Subwatershed
Subwatershed
' % built -upon = (built -upon area / total project area) * 100
' % built -upon area limits: SA waters --- 25%
Other --- 30%
STORMWATER COLLECTION SYSTEM
Is the only kind of stormwater collection system grass swales?
Yes x No 1..
0

(Grassed -lined swales should have a side slope of 3:1 (H:V) or less.)
If no, please provide a detailed description.
BUFFER AREA
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Is the built -upon area at least 30 feet from mean high water of'all, Ij
surface waters? Yes x No !!`,\
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If no, please provide a detailed description. !"C
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(Note: Only boat ramps, public roads, public bridges and walkways to wate:
related facilities are allowed within 30 feet of mean high water if the
project is intended to meet stormwater control requirements through
density limits.)
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Do the deed restrictions and protective covenants ensure that subdivision:
maintain the development consistent with the plans and specifications
approved by the division and include the state as a beneficiary of the
restrictions?
Yes V No
(Include a copy of the restrictions and covenants with this form.)
CERTIFICATION
I, W P nA , certify that the information included on
this submittal form is correct, that the project will be constructed in
conformance with this information and that to the best of my knowledge,
the proposed project complies wi h the requirement of 15 NCAC 2H.1003 (b).
LPgnature- Owner Date
P. 0. Drawer 550. Atlantic Beach. NC 28512
Address
If agent, please list owner's name and address below
See attached list of Partners
Regional Office
Date
Lq�0
Da
DIVISION OF ENVIRONMENTAL MANAGEMENT SIGN -OFF
,Original Signed By
4. PREgTON HOWARD, JRt
Regional Water Quality'Supervisor

List of Partner of W P Two
John H. Phillips
1210 Arendell Street
Morehead City, NC 28557 Lip
J. David Waller
P 0 Box 550
rzop 7� x�tii 22
Atlantic Beach, NC 28512
Llewellyn Phillips 11
1911 156 Avenue SE
Bellevue, Wa. 98007
Thomas D. Waller
3051 Wyse Fork Road
Trenton, NC 28585

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NORTH CAROLINA DEC (i c / ;� U RESTRICTIVE COVENANTS FOR
CARTERET COUNTY LIVE SHORES
DEM
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THIS DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND
EASEMENTS, dated for purposes of reference only this day of
January, 1990, by W P TWO, a North Carolina Partnership.
RECITALS
WHEREAS, W P TWO (the "Declarant") has heretofore acquired
title to a certain tract or parcel of land which has been sub-
divided into lots numbered 1 through 22 inclusive, according to a
certain map or plat thereof entitled "Live Oak Forest At Pine
Knoll Shores, which plat is recorded in the Office of the Register
of Deeds of Carteret County, North Carolina, (which property is
hereinafter referred to as the "Property"); and
WHEREAS, Declarant intends to convey said numbered lots as
the same are shown and delineated on the above -mentioned map by
deeds to various persons, firms and/or corporations, subject to
certain restrictive and protective covenants and conditions which
are deemed to make subdivision more desirable and to be for the
benefit of all those who acquire title to any one or more of said
numbered lots, to the end that the restrictive and protective
covenants and conditions herein set out shall inure to the benefit
of each person, firm and/or corporation which may acquire title to
any or all of said numbered lots and which shall be binding upon
each such person, firm and/or corporation to whom or to which the
said party of the first part may hereafter convey any of said
numbered lots by deed or other instrument.
NOW, THEREFORE, in consideration of the premises set out
herein, which permises are for the mutual benefit of Declarant and
all purchasers of any lot within the Property, Declarant hereby
covenants and agrees with said prospective purchasers that each of
the aforementioned numbered lots shall be held, sold, encumbered
and conveyed subject to the restrictive and protective covenants
and conditions hereinafter set forth and said restrictive and pro-
tective covenants and conditions shall become a part of each in-
strument conveying any of said numbered lots as fully and to the
same extent as if set forth therein. As a condition to the sale
or conveyance of any of said numbered lots, the purchaers thereof
agree and covenant to abide by and conform with said restrictive
and protective covenants and conditions, and all easements re-
served herein, and on the recorded plat above -referenced.
1. DESCRIPTION. This Declaration shall run with the land
and shall bin a�ndinure to the benefit of all of the owners of
the following described property:
Lots 1 through 22 as shown on that plat entitled
"Live Oak Forest At Pine Knoll Shores" as the same
is recorded in Map Book , page Carteret
County Registry.

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2. SINGLE FAMILY UTILIZATION. This Declaration restricts
all numbered lots subjected to its terms to use only for single
family residential purposes. No home or other structure con-
structed within the property shall be utilized for commercial pur-
poses.
3. ASSOCIATION. A corporation named Live Oak Forest
Subdivision Association, Inc. ("Association"), has been or will be
formed pursuant to the rules and requirements of the Nonprofit
Corporation Act (Chapter 55A) of the General Statutes of North
Carolina as an association of the owners of lots within the
Property. Its purposes are to own, manage, maintain, and operate
any community areas and facilities as more fully described herein-
after; to enforce the restrictions and easements contained herein;
and to make and enforce rules and regulations governing the use
and occupation of the Property.
Each owner of each lot within the Property shall be a mem-
ber of the Association. The Declarant, by this Declaration, and
the owners of individual lots within the Property by either accep-
tance of individual deeds thereto, covenant and agree with respect
to the Association as follows:
a. That for so long as each is an owner of a lot within
the Property, each will perform all acts necessary to remain in
good and current standing as a member of the Association;
b. That each shall be subject to the rules and regula-
tions of the Association with regard to ownership of a lot; and
C. That any unpaid assessment, whether general or
special, levied by the Association in accordance with these
Restrictive Covenants, or the Articles of Incorporation or the
ByLaws of the Live Oak Forest Subdivision Association, Inc., shall
be a lien upon the lot upon which such assessment was levied, and
shall be the personal obligation of the owner of the lot at the
time the assessment fell due.
Each membership in the Association shall relate to and
have a unity of interest which an individual Lot which may not be
separated from ownership of said lot.
The corporation shall have one class of members who shall
be all owners of lots within the property. Each member shall be
entitled to one vote for each lot owner; provided, however, when
more than one person holds an interest in any lot, all such per-
sons shall be members and the vote for such lot shall be exercised
as they, among themselves, determine, but in no event shall more
than one lot vote or any fraction of a vote be cast with respect
to any lot. An owner shall be entitled to cast one vote for each
lot owned if said owner owns more than one lot.

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Assessments shall be levied in accordance with the provi-
sions of the Articles of Incorporation and ByLaws of the Associa-
tion. However, the sole purposes for which assessments may be
collected are as follows:
a. maintenance, repair and upkeep of the subdivision
roads until such time as the roads shall be transferred to the
Town of Pine Knoll Shores and Pine Knoll Shores shall have assumed
the maintenance thereof;
b. maintenance, beautification and upkeep of the right
of way of the subdivision roads until such time as this obligation
shall have been assumed by the Town of Pine Knoll Shores;
C. payment of any utility bills relating to street
lighting (not billed to individual lot owners) and subdivision
entrance lighting;
d. maintenance and upkeep of such above -mentioned
street and entrance lighting, and any project signage;
e. any expenses incurred, including legal expenses, in
enforcing the provisions of these restrictive covenants;
f. expenses of management and operation of the Associa-
tion, including, but not limited to, legal and accounting fees,
and all bank service charges.
The initial assessment for each lot shall be $25.00 per
year, due and payable June 1 of each year. Assessments may be
changed from time to time by majority vote of the directors of the
Association.
4. BUILDING AND SITE RESTRICTIONS. The following re-
strictions shall apply to alL Lots within the Property;
a. No detached garage, storage shed, or carport shall
be allowed;
b. No more than one (1) single family house shall be
allowed per lot;
C. All homes must be "stick built" on site. No "log
cabin" style home shall be built on any lot. No homes constructed
elsewhere shall be placed on a lot within the Property.
d. No "For Sale" or "Rent" sign shall be allowed,
unless said sign is of a size no greater than three (3) square
feet in size. No such sign shall remain on any lot, or shall be
placed so as to be visible from any public or private street,
prior to a valid and binding listing agreement being signed with
the broker placing said sign on the lot (unless the sign reads
"For Sale by Owner"), and any such sign must be removed within

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three (3) business days following the final closing of the sale
for the property upon which such sign is located, regardless of
whether or not the purchase contract contains any conditions.
e. Access to all lots except Lots 10 and 11 shall be
over Anson Lane and Fern Court. Access to Lots 10 and 11 shall be
over Ransey Drive.
f. The Architectural Control Committee shall have com-
plete authority and jurisdiction to reject any plan unless the
Architectural Control Committee, in its sole discretion, deter-
mines that said proposed plan is architecturally compatible with
surrounding property and is designed so as to best maintain the
natural features of the lot upon which the improvement is to be
constructed, while minimizing the impact upon surrounding proper-
ties. The right of approval shall specifically include the right
to approve or disapprove the location of any driveway, walkway,
boardwalk, trash container or mailbox.
g. No fence shall exceed five (5) feet in height.
h. No dish/satellite antennae shall be located on any
lot.
5. ARCHITECTURAL CONTROL COMMITTEE. The Board of Direc-
tors of the Association shall act as the Architectural Control
Committee. Prior to any construction or improvement relating to
any site or the exterior of any structure within the Property,
plans for such construction shall be submitted to the Architec-
tural Control Committee. The Architectural Control Committee
shall review such plans upon submission, and, if the Architectural
Control Committee has not commented upon such plans within thirty
(30) days after the receipt thereof, said plans shall be deemed
approved.
The Architectural Control Committee shall approve any such
plans unless it determines by specific finding one of the follow-
ing:
a. That the plans or proposed improvements did not com-
ply with a provision of these restrictive covenants;
b. That the plans or other proposed improvements will
have a detrimental impact upon the property values of any other
lot within the Property;
C. The proposed improvements are not aesthetically com-
patible with the other homes and approved site plans within the
Property.

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Declarant, or its successors and assigns, shall reserve
full and subjective approval over any house plans and proposed im-
provements until such time as the Association has been formed, and
Declarant or its assigns has transferred control of the Associa-
tion to a Board of Directors consisting of owners of lots within
the Property.
6. MINIMUM HOUSE SIZE. Each single family residence
shall contain a minimum ot 1,350 square feet of heated, enclosed
living space.
The minimum square footage of heated, enclosed living
space required in this Paragraph 6 shall be exclusive of all car-
ports, garages, attics, porches, patios and decks.
7. ENFORCEMENT. This Declaration, including any amend-
ment hereto, may e en orced by any individual lot owner; by the
Association, upon action by its Board of Directors; or by Decla-
rant, or its designated successor and assign. Appropriate reme-
dies shall include, as appropriate, and as allowed by law, any
equitable remedy, including injunction or mandamus, or a judgment
for specific performance; or any judgment at law, including mone-
tary damages. In any action to enforce this Declaration, includ-
ing any action to collect assessments, either regular or special,
or to foreclose upon any real property for payment of such assess-
ment, all costs associated with said collection, including court
costs and reasonable attorney's fees, shall be collected as an
additional assessment. In addition, interst at the rate of twelve
(12%) percent per annum shall be collected from the due date of
any assessment, until the assessment is paid in full.
Liens shall be perfected in the manner of a mechanics or
materialman's lien under North Carolina General Statutes, and any
lien for dues unpaid shall be filed within nine (9) months after
the due date of the payment of such assessment. Any such lien may
be enforced in the manner of a deed of trust with power of sale,
as allowed by North Carolina General Statutes, through a fore-
closure Proceeding. This instrument shall be deemed to give to
the President of the Association said power of sale.
8. SETBACKS. All setback and building restriction areas,
and allowable�ur i'ng areas, as shown on any recorded subdivision
plat of any of the Property, shall be incorporated herein by
reference. Any property located within those areas shown as
Buffer Zone on the recorded plat of Live Oak Forest At Pine Knoll
Shores shall remain in its natural state. No trimming, cutting or
other activities shall be allowed to alter said natural state.
9. AMENDMENTS. This Declaration shall continue in full
force and e ect� t until 12:00 noon on January 1, 2000, at which
time it shall automatically extend for additional successive

Ulm
periods of ten (10) years, unless a document terminating or modi-
fying this Declaration is recorded prior to any renewal date in
the office of the Register of Deeds of Carteret County, which
amendment shall require approval of the owners of at least sixteen
(16) of the lots subjected to this Declaration.
10. BINDING EFFECT. All covenants, restrictions, reserva-
tions, easements and privileges contained herein shall run with
the land and the grantee, by accepting any deed to any portion of
such land described herein, accepts the same subject to this
Declaration and its terms and conditions and agrees for himself,
his heris, successors and assigns, to be fully bound by each and
all of the terms and conditions of this Declaration, jointly,
separately and severally.
11. RESERVATION OF RIGHTS. Declarant hereby reserves the
right to utilize all str_e_e_t_s__a_n_a roads within the Property for
purposes of ingress and egress to lots within such Proprety owned
by it, or for purposes of providing access to other contiguous
properties owned by it. This right shall be assignable by
Declarant to successors in interest to it of other contiguous
properties. Any utility easements reserved as shown on any re-
corded plat (and all roadways shall be deemed for this purpose a
utility easement) shall be available for utilization by Declarant,
authorized utility companies or by the owner of any lot within the
Property, for purposes of providing utility services or necessary
drainage.
12. RESUBDIVISION. No resubdivision of any single lot
shall be allowed, if any resulting lot will be smaller than 10,000
square feet. Nothing contained herein shall prohibit conveyance
of more than one lot, or portions of contiguous lots, as long as
the resulting lot or lots are at least 10,000 square feet in size.
The deed of conveyance of any such resubdivided or recombined lots
shall restrict the construction thereon to one single family resi-
dential home per redivided lot, so that the maximum number of
homes which can be constructed within the subdivision shall not
increase.
13. MINOR AMENDMENT. Declarant, or its successors or
assigns, shall be allowed to amend this Declaration, notwith-
standing any other provision contained herein, and without joinder
of any other party, for the purpose of correcting any discovered
and apparent error contained herein, clarifying any ambiguity con-
tained herein, or adding or deleting any incidental provisions
deemed in the sole discretion of Declarant to be in the best
interest of the Property, and the owners therein. This right may
be exercised, and shall be effective, only upon the recordation of
a "Corrected Declaration" in the Office of the Register of Deeds
of Carteret County, which Corrected Declaration shall specifically
reference this document, and the provision impacted.

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14. DENSITY LIMITATIONS. As required by the North
Carolina Coastal Stormwater Regulations, the total impervious
coverage o the Property shall be 25%. No owner of any 1 t within
the subdivisi shall cover any impervious surface mor than 2,854
square feet of total lot area; however, in ca of hardship,
an individual lot wner may increase the amo of impervious
coverage on his lot, if to do so is nece ary to reasonably
utilize said lot for th purpose of const ction, but only upon
prior approval of the Arc "tectural Con of Committee, and only
upon the recordation of a wri en ins ument limiting one or more
additional lots within the sub "vi 'on to an impervious surface
coverage less than that otherwise quired herein, which reduction
in total square footage of al ed i ervious coverage will equal
or exceed the amount of add' ional imp vious coverage allowed to
the owner requesting an i reased coverag allotment. This cove-
nant is intended to i, ure continued comp ' nce with Stormwater
runoff rules adopted y the State of North Ca lina and therefore
benefits may be e orced by the State of North arolina and its
agencies. This covenant is to run with the lan and shall be
binding on al parties and all persons claiming under hem. This
visio pron included for the benefit of the owners of 1 is within
the Prop ty, the Declarant and the State of North Carolina.
15. EASEMENTS. Easements for the installation and main-
tenance of raid— nag�acilities are reserved as shown on the re-
corded plat of said subdivision. In addition thereto, there is
reserved a 10-foot easement along those property lines abutting
the streets as shown in the plat of record for the intallation and
maintenance of utilities, and for drainage. All utilities in said
subdivision shall be underground. Declarant reserves the right to
subject the real property in this subdivision to a contract with
Carteret- Craven Electric Membership Corporation for the installa-
tion of underground electric cables and street lighting which will
require a continuing monthly payment for street lighting, which
said payment shall be the responsibility of each owner of a resi-
dence in the subdivision. Said payment shall be a uniform amount
per completed residence and will be included as part of that resi-
dence's periodic electric bill.

List of Partner of W P Two
John H. Phillips
1210 Arendell Street
Morehead City, NC 28557
J. David Waller
P 0 Box 550
Atlantic Beach, NC 28512
Llewellyn Phillips 11
1911 156 Avenue SE
Bellevue, Wa. 98007
Thomas D. Waller
3051 Wyse Fork Road
Trenton, NC 28585
RE C E -I V E 0
DEC U .`.., is>�
D E M
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