SW8140321_CURRENT PERMIT_20230830

STORMWATER DIVISION CODING SHEET
POST-CONSTRUCTION PERMITS
PERMIT NO. SW8
DOC TYPE © CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE 201..3 0% 30
YYYYMMDD

4p) 3 STAP
Hy ,„navu,
ROY COOPER u t
Governor
ELIZABETH S.BISER
Secretary •�"°"a" `
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
August 30, 2023
Adams Landing
Attn: Joy Sharp,Vice President
1628 Doctor's Circle
Wilmington,NC 28401
Subject: Permit Transfer under N.C.G.S. 143-214.7(c5)
Post-Construction Stormwater Management Permit No. SW8 140321
Adams Landing
New Hanover County
Dear Ms. Sharp:
The Division of Energy, Mineral and Land Resources received a complete Permit Transfer Application on June 8,
2023, requesting to transfer ownership of the subject permit under the provisions of 15A NCAC 02H.1045(1)(c)
and N.C.G.S. 143-214.7(c5). Staff inspected the project on May 28, 2023,reviewed the available documentation,
and confirmed that the requirements of N.C.G.S. 143-214.7(c5)have been met, including:
1. The successor-owner of the property has submitted a written request for the transfer of the permit.
Reference is made to the attached signed Permit Transfer Application form;
2. The current permit holder, CBR Wilmington, LLC, is an entity that has dissolved and completed the
winding up of business and does not have a successor-in-interest.
3. The successor-owner holds title to the property on which the permitted activity is occurring or will occur.
Reference is made to the deed recorded on October 14, 2016 in DB 2761 PG 2764 with New Hanover
County.
4. There will be no substantial change in the permitted activity.
5. The project is currently in compliance with the terms and conditions of the state stormwater permit.
By signing the Permit Transfer Application and the Operation and Maintenance Agreement and providing the
schedule of compliance to correction of the deficiencies outlined in the enclosed inspection report,you have
accepted the responsibility for complying with the terms and conditions outlined in this permit. Since the
requirements of N.C.G.S. 143-214.7(c5)have been met, permit SW8 14032t has been transferred, updated, and
re-issued on August 30,2023, as attached.
This permit remains effective until June 10,2030,and does not supersede any other agency permit that may be
required. The project shall be subject to the conditions and limitations as specified therein. This permit does not
impose new or increased stormwater control requirements or design standards; it clarifies the rules and
requirements of this program to provide you with a better understanding of your obligations under this permit.
Failure to comply with these requirements will result in future compliance problems. Please note that this permit
is not transferable except after notice to and approval by the Division.
®Ew��� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405
910.796.7215

State Stormwater Permit No. SW8 140321
Page 2 of 2
If you have any questions concerning this permit, please contact Kelly Johnson in the Wilmington Regional
Office,at(910) 796-7215 or [e-mail],gov.
Sincerely, p
Cl a, WS
Douglas R. Ansel, Interim Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment C—Permitting History
copy of the Transfer Application documents including Transfer Application Form,Operation&Maintenance Agreement,
and certification
DES/kpj: %Stormwater\Permits&Projects\2014\140321 HD\2023 08 permit 140321
cc: Mr. Randy Norris,CEPCO, 1628 Doctor's Circle;Wilmington,NC 28401
Wilmington Regional Office Storrnwater File
® North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
./ Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405
rower a ..i+amr� / 910.796.7215

Post Construction Stormwater Management
Permit No. SW8140321
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST-CONSTRUCTION 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
Adams Landing Owners'Association
Adams Landing
4728 & 4800 Carolina Beach Road, New Hanover County
FOR THE
construction, operation and maintenance of one (1) wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 and Session Law 2008-211 (hereafter separately and
collectively referred to as the "stormwater rules') as outlined in the application, approved
stormwater management plans, supplement, calculations, operation and maintenance
agreement, recorded documents, specifications, and other supporting data (the "approved plans
and specifications') as attached and/or on file with and approved by the Division of Energy,
Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed,
operated and maintained in accordance with these approved plans and specifications. The
approved plans and specifications are incorporated by reference and are enforceable part of
this permit.
This permit shall be effective from the date of issuance until June 10, 2030 and shall be subject
to the following specified conditions and limitations. The permit issued shall continue in force
and effect until the permittee files a request with the Division for a permit modification, transfer,
renewal, or rescission; however, these actions do not stay any condition. The issuance of this
permit does not prohibit the Director from reopening and modifying the permit, revoking and
reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and
regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al.
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.7 of this permit. The runoff from all built-upon area within the
permitted drainage area of this project must be directed into the permitted stormwater
control system. The wet pond has been designed to handle the runoff from 209,237
square feet of impervious area.
3. The subdivision is permitted for 42 lots; each allowed a maximum of 3,300 square feet of
built-upon area.
Page 2 of 9

Post Construction Stormwater Management
Permit No. SW8140321
4. The maximum built-upon area allowed for the entire subdivision is 209,237 square feet.
5. The project shall provide and maintain a 50' wide vegetative buffer adjacent surface
waters, measured horizontally from and perpendicular to the normal pool of impounded
structures, the top of bank of each side of streams and rivers and the mean high water
line of tidal waters.
6. Based on this plan and design submitted to DEMLR, the elevation of the permanent pool
is set at 10.5 fmsl, the elevation of the temporary pool is set at 11.92 fmsl, the outlet
invert elevation is 10.0 fmsl, the elevation of the downstream discharge point is 9.5 fmsl,
and the highest elevation of the adjacent wetland is 11.0 fmsl.
a. The difference in the elevations between the permanent pool and the nearby
wetlands indicates that the pond will not dewater the adjacent wetlands.
Additionally, the downstream elevations and conveyances, as demonstrated on
the plans, are at an elevation lower than the outlet pipe, allowing the pond to
function adequately to release the required storage volume within the specified
drawdown time.
b. A site specific soil evaluation was not provided for this project. Without a site
specific soils evaluation, the seasonal high water table and/or groundwater
conditions are unclear in the location of the wet pond; therefore this wet pond
may not be able to sustain its permanent pool level. Please note that this may
cause the wet pond to become dry between storm events which may endanger
the health of the vegetation on the vegetated shelf or incoming groundwater may
maintain a pool level that prevents the required storage volume from being
available and preventing the runoff from discharging within the specified
drawdown time. Therefore, the designer is responsible for:
1. Providing DEMLR with a certification and survey showing the pond meets all
approved design criteria and elevations as noted in the plans and this
permit.
2. Ensuring that the owner is aware that: (a) the pond may dry out between
storms and that, (b) a healthy stand of vegetation must be maintained on the
vegetated shelf.
c. If, in the future, this design is not found to meet the intent of the stormwater rules
or does not provide the required design elements, then modifications to the
stormwater system, including the pond design, will be required.
7. The following design elements have been permitted for this wet detention pond
stormwater facility and must be provided in the system at all times.
a. Drainage Area, acres: 8.57
Onsite, ftZ: 373,431
Offsite, ft2: 0
b. Total Impervious Surfaces, ftZ: 209,237
Lot BUA, ftZ: 138,600
Roads/Parking, ftZ: 52,240
Sidewalks, ft2: 15,397
Future, ft2: 3,000
C. Average Pond Design Depth, feet: 5.5
d. TSS removal efficiency: 90%
e. Design Storm, inches 1.5"
f. Permanent Pool Elevation, FMSL: 10.5
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Post Construction Stormwater Management
Permit No. SW8140321
g. Permitted Surface Area @PP, ft2: 14,675
h. Permitted Temporary Storage Volume, ft3: 25,873
i. Temporary Storage Elevation, FMSL: 11.92
j. Predevelopment 1 yr-24 hr. discharge rate, cfs: 0.44
k. Controlling Orifice: 2.5"0 pipe
I. Orifice Flowrate maximum, cfs : 0.15
M. Permanent Pool Volume, ft3: 50,615
n. Forebay Volume, ft3: 10,657
o. Maximum Fountain Horsepower: 1/6
p. Receiving Stream / River Basin: Barnards Creek/Cape Fear
q. Stream Index Number: 18-80
r. Classification of Water Body: "C; Sw"
II. SCHEDULE OF COMPLIANCE
1. The permittee is responsible for the routine monitoring of the project for compliance with
the built-upon area limits, grading, and the storm drainage system established by this
permit, the permit documents, the approved plans, and the recorded deed restrictions.
The permittee shall notify any lot owner that is found to be in noncompliance with the
conditions of this permit in writing and shall require timely resolution.
2. The permittee shall review all individual proposed and modified lot plans for compliance
with the conditions of this permit. The permittee shall not approve any lot plans where
the maximum allowed built-upon area has been exceeded, or where revisions to the
grading or to the storm drainage system are proposed unless and until a permit
modification has been approved by the Division.
3. The Director may notify the permittee when the permitted site does not meet one or
more of the minimum requirements of the permit. Within the time frame specified in the
notice, the permittee shall submit a written time schedule to the Director for modifying
the site to meet minimum requirements. The permittee shall provide copies of revised
plans and certification in writing to the Director that the changes have been made.
4. The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built-upon surface.
5. All stormwater collection and treatment systems must be located in public rights-of-way,
dedicated common areas or recorded easements. The final plats for the project will be
recorded showing all such required rights-of-way, common areas and easements, in
accordance with the approved plans.
6. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately. If the stormwater system is 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.
7. 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
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Post Construction Stormwater Management
Permit No. SW8140321
specifications must be noted on the Certification. A modification may be required for
those deviations.
8. The facilities shall be constructed in accordance with the conditions of this permit, the
approved plans and specifications, and other supporting data.
9. The permittee shall follow the approved Operation and Maintenance (O&M) Agreement
in its entirety, and shall provide and perform the listed operation and maintenance at the
scheduled intervals to assure that all components of the permitted stormwater system
function at design condition.
10. Records of maintenance activities must be kept by the permittee. The records will
indicate the date, activity, name of person performing the work and what actions were
taken.
11. The following deed restrictions and protective covenants related to stormwater
management have been recorded in Book 5856 on Pages 1713-1740 with the New
Hanover County Register of Deeds and must be maintained in perpetuity:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 140321, as issued by the Division
of Energy, Mineral and Land Resources 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 of Energy, Mineral and Land Resources.
f. The maximum built-upon area per lot is 3,300 square feet. This allotted amount
includes any built-upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not
include raised, open wood decking, or the water surface of swimming pools.
g. All runoff 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 pond or street, grading the lot to drain toward the street or directly
into the pond, or grading perimeter swales and directing them into the pond or
street.
h. Built-upon area in excess of the permitted amount will require a permit
modification.
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Post Construction Stormwater Management
Permit No. SW8140321
i. All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface
waters, measured horizontally from and perpendicular to the normal pool of
impounded structures, the top of bank of each side of streams and rivers and the
mean high water line of tidal waters.
j. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the Stormwater Rules is
subject to enforcement procedures as set forth in G.S. 143, Article 21.
k. If permeable pavement BUA credit is requested, the property owner must submit
a request, with supporting documentation, to the permittee and receive approval
prior to construction.
12. A copy of the recorded deed restrictions must be submitted to the Division within 30
days of the date of recording the plat, and prior to selling lots. The recorded copy must
contain all of the statements above, the signature of the Permittee, the deed book
number and page, and the stamp/signature of the Register of Deeds.
13. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR
personnel. The project and the stormwater facility must be in compliance with all permit
conditions. Any items not in compliance must be repaired, replaced or restored to design
condition prior to the transfer. Records of maintenance activities performed to date will
be required.
14. Decorative spray fountains are allowed in the pond, subject to the following criteria:
a. The minimum permanent pool volume is 30,000 cubic feet.
b. The fountain must draw its water from less than 2' below the permanent pool
surface.
C. Separated units, where the nozzle, pump and intake are connected by tubing, may
be used only if they draw water from the surface in the deepest part of the pond.
d. The fountain may not be placed into the forebay.
e. The falling water from the fountain must be centered in the main pond, away from
the shoreline.
f. The maximum horsepower for a fountain in this pond is 1/6 horsepower.
15. No person or entity, including the permittee, shall alter any component shown in the
approved plans and specifications. Prior to the construction of any modification to the
approved plans, the permittee shall submit to the Director, and shall have received
approval for modified plans, specifications, and calculations including, but not limited to,
those listed below. For changes to the project or SCM that impact the certifications, a
new or updated certifi cation(s), as applicable, will be required and a copy must be
submitted to the appropriate DEQ regional office upon completion of the modification.
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Post Construction Stormwater Management
Permit No. SW8140321
a. Any modification to the approved plans and specifications, regardless of size
including the SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
C. Further development, subdivision, acquisition, lease or sale of any, all or part of the
project and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. Adding the option to use permeable pavement or#57 stone within the lots as a
permeable surface. The request may require a proposed amendment to the deed
restrictions and protective covenants for the subdivision to be submitted and
recorded.
g. The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included
in the approved plans and specifications.
h. Other modifications as determined by the Director.
III. GENERAL CONDITIONS
1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement
on-site stormwater systems. These additional or replacement measures shall receive a
permit from the Division prior to construction.
2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days
prior to the expiration date of this permit. The renewal request must include the
appropriate application, documentation and the processing fee as outlined in Title 15A
NCAC 02H.1 045(3).
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT
INFORMATION. The permittee shall submit a completed Permit Information Update
Application Form to the Division within 30 days to making any one of these changes.
4. TRANSFER. This permit is not transferable to any person or entity except after notice to
and approval by the Director. Neither the sale of the project and/or property, in whole or
in part, nor the conveyance of common area to a third party constitutes an approved
transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate
application, documentation and the processing fee as outlined in 15A NCAC
02H.1045(2). This request must be submitted within 90 days of the permit holder
meeting one or more of the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved,
iii. A person or entity who has been lawfully and finally divested of title to the
property on which the permitted activity is occurring or will occur through
foreclosure, bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur, except in the case of an individual
residential lot sale that is made subject to the recorded deed restrictions and
protective covenants,
V. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2);
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Post Construction Stormwater Management
Permit No. SW8140321
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site
inspection will be conducted by Division personnel to ensure the permit conditions
have been met and that the project and the on-site stormwater system complies with
the permit conditions. Records of maintenance activities performed to date may be
requested. Projects not in compliance with the permit will not be transferred until all
permit and/or general statute conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and
conditions of this permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved
plans, application, supplement, operation and maintenance agreement, all
applicable recorded documents, and specifications shall be maintained on file by
the permittee at all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
c. ENFORCEMENT. Any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the requirements of the
stormwater rules is subject to enforcement procedures as set forth in NCGS 143
Article 21.
d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the
Division an annual certification completed by either the permittee or their
designee confirming the projects conformance with permit conditions
e. OBTAINING COMPLIANCE. 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 modified plans and
certification in writing to the Director that the changes have been made.
f. OTHER PERMITS. The issuance of this permit does not preclude the permittee
from complying with and obtaining any other permits or approvals that are
required for this development to take place, as required by any statutes, rules,
regulations, or ordinances, which may be imposed by any other Local, State or
Federal government agency having jurisdiction. Any activities undertaken at this
site that cause a water quality violation or undertaken prior to receipt of the
necessary permits or approvals to do so are considered violations of NCGS 143-
215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6.
Permit transferred, updated, and reissued this the 301' day of August 2023
NORTH CARO�LIINA ENVIRONMENTAL MANAGEMENT COMMISSION
Douglas
17C� Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
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Post Construction Stormwater Management
Permit No. SW8140321
Attachment C — Permitting History
Approval Permit BIMS Description of the Changes
Date Action Version
High Density Subdivision Wet Pond Project-
construction, operation and maintenance of one (1)
wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 and Session Law
2008-21 I. The runoff from all built-upon area within
Original the permitted drainage area of this project must be
6/10/2014 Approval 1.0 directed into the permitted stormwater control
system. The wet pond has been designed to handle
the runoff from 209,237 square feet of impervious
area. The subdivision is permitted for 42 lots; each
allowed a maximum of 3,300 square feet of built-
upon area. The maximum built-upon area allowed
for the entire subdivision is 209,237 square feet.
3/2/2023 Renewal 2.0 This permit shall be effective until June 10, 2030
8/30/2023 Transfer 2.1 Permit Transfer to Adams Landing Owners'
Association.
Page 9 of 9

Permit Number:
(to be provided by DWQ)
Drainage Area Number:
Wet Detention Basin Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected,repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP.
The wet detention basin system is defined as the wet detention basin,
pretreatment including forebays and the vegetated filter if one is provided.
This system (check one):
❑ does ® does not incorporate a vegetated filter at the outlet.
This system (check one):
❑ does ❑ does not incorporate pretreatment other than a forebay.
Important maintenance procedures:
— Immediately after the wet detention basin is established, the plants on the
vegetated shelf and perimeter of the basin should be watered twice weekly if
needed,until the plants become established (commonly six weeks).
— No portion of the wet detention pond should be fertilized after the first initial
fertilization that is required to establish the plants on the vegetated shelf.
— Stable groundcover should be maintained in the drainage area to reduce the
sediment load to the wet detention basin.
— If the basin must be drained for an emergency or to perform maintenance, the
flushing of sediment through the emergency drain should be min' ' ec)-to PE eY !�
maximum extent practical. ��''
— Once a year,a dam safety expert should inspect the embankment. MAR 2 0 2014
After the wet detention pond is established,it should be inspected once a Byonth and
within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a
Coastal County). Records of operation and maintenance should be kept in a known set
location and must be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
AMP element: Potentialproblem: How I will remediate theproblem:
The entire BMP Trash debris is present. Remove the trash debris.
The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to
detention basin erosive gullies have formed. remove the gully, and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
Vegetation is too short or too Maintain vegetation at a height of
long. approximately six inches.
Form SW401-Wet Detention Basin O&M-Rev.4 Page I of 4

Permit Number:
(to be provided by DWQ)
Drainage Area Number:
BMP element: Potentialproblem: How I will remediate theproblem:
The inlet device: pipe or The pipe is clogged. Unclog the pipe. Dispose of the
swale sediment off-site.
The pipe is cracked or Replace the pipe.
otherwise damaged.
Erosion is occurring in the Regrade the swale if necessary to
swale. smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion.
The forebay Sediment has accumulated to Search for the source of the
a depth greater than the sediment and remedy the problem if
original design depth for possible. Remove the sediment and
sediment storage. dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Erosion has occurred. Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present. Remove the weeds,preferably by
hand. If pesticide is used, wipe it on
the plants rather than spraying.
The vegetated shelf Best professional practices Prune according to best professional
show that pruning is needed practices
to maintain optimal plant
health.
Plants are dead,diseased or Determine the source of the
dying. problem: soils,hydrology,disease,
etc. Remedy the problem and
replace plants. Provide a one-time
fertilizer application to establish the
ground cover if a soil test indicates
it is necessary.
Weeds are present. Remove the weeds, preferably by
hand. If pesticide is used, wipe it on
the plants rather than spraying.
The main treatment area Sediment has accumulated to Search for the source of the
a depth greater than the sediment and remedy the problem if
original design sediment possible. Remove the sediment and
storage depth. dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Algal growth covers over Consult a professional to remove
50% of the area. and control the algal growth.
Cattails,phragmites or other Remove the plants by wiping them
invasive plants cover 50% of with pesticide(do not spray).
the basin surface.
MAR 2 0 2014
Form S W401-Wet Detention Basin O&M-Rev.4 t {, Page 2 c 4

Permit Number:
(to be provided by DWQ)
Drainage Area Number:
BMP element: Potentialproblem: How I will remediate theproblem:
The embankment Shrubs have started to grow Remove shrubs immediately.
on the embankment.
Evidence of muskrat or Use traps to remove muskrats and
beaver activity is present. consult a professional to remove
beavers.
A tree has started to grow on Consult a dam safety specialist to
the embankment. remove the tree.
An annual inspection by an Make all needed repairs.
appropriate professional
shows that the embankment
needs repair. if applicable)
The outlet device Clogging has occurred. Clean out the outlet device. Dispose
of the sediment off-site.
The outlet device is damaged Repair or replace the outlet device.
The receiving water Erosion or other signs of Contact the local NC Division of
damage have occurred at the Water Quality Regional Office,or
outlet. the 401 Oversight Unit at 919-733-
1786.
The measuring device used to determine the sediment elevation shall be such
that it will give an accurate depth reading and not readily penetrate into
accumulated sediments.
When the permanent pool depth reads 85 feet in the main pond, the sediment
shall be removed.
When the permanent pool depth reads 4_5 feet in the forebay, the sediment
shall be removed.
BASIN DIAGRAM
ill in the blanks)
V Permanent Pool Elevation 10.5
Sediment Removal . 6 Pe anen Pool
-- Volume Sediment Removal Elevation 2 D
Bottom Elevatio 5 ft Min.
_
Sediment Bottom Elevation 1
Storage Sediment
Storage
FOREBAY MAIN POND
` MAR 2 0 20%
Form SW401-Wet Detention Basin O&M-Rev.44—

Permit Number:
(to be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Project name: Adams Landing
BMP drainage area number: 1 of 1
Print name: James C. Walker
Title: Member, CBR Wilmineton, LLC
Address: PO Box 100 Rocky Point, NC 28457
Phone: [phone]
Signature:i �
Date:
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, -7pt.,l KIAN 4�. HA61LA— a Notary Public for the State of
NOF,714 (4QOLUNA , County of NI v.1 do hereby certify that
_�AHhf-�2 C. W/kl Lgi4-- personally appeared before me this_ltf�i
day of hk1a24C,0 , Zo , and acknowledge the due execution of the
forgoing wet detention basin maintenance requirements. Witness my hand and official
seal,
�„u,mm"an
c j�PN B MAQX
NOTARY = =
PUBLIC U
GO
/VOVER
SEAL
My commission expires VI?
? ] �EC
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" MAR 202014
b r:
Form SW40I-Wet Detention Basin O&M-Rev.4 Page 4 of 4

Permit Number: 8130 ) �3 �It
(to be provided by UWQ)
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,c�hafnges to the system or responsible party.
Project name: ! ` i �*i S / tV
BMP drainage area number:
Print name: J
Title:F(fer- I,a -) - ftopr
Address: 311 2 5:�chttSh ap0kc+ ;2
Phone: a IU QUO S IGI -7
Signature: fit
Date:
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.
11 / fnieLs& W. m6Or2 , a Notary Public for the State of
NOr`I OLI a liAg , County of `alumAu4 , do hereby certify that
SOIL k . zhQrA personally appeared before me this "n
day of f71&ne- , aoa), and acknowledge the due execution of the
forgoing wet detention basin maintenance requirements. Witness my hand and official
seal,
\\\\\c c iAl l lwl l/ O//
0op
NOTARY PUBLIC = ECEI 9ir� p
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0, =\
JUN 0 8 2023
�t!l/111111tt�� UBY:SEAL
My commission expires, c2w8
Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4

---'UEWK'U5E'UNLY_-`.
Date Rec ived Fee Paid Permit Number
3 a3 l� Soy °-- ScJ 03_-2
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT TRANSFER APPLICATION FORM
Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within
Only complete applications packages will be accepted and reviewed. This form and the required items (with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at: http.//deq.nc.gov/contact/regional-offices.
After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the
current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit
conditions, the permit shall not be transferred until:
1. the current permittee resolves all non-compliance issues identified in the inspection report;
2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both
entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the
timelines to correct the deficiencies. The site must either be found in compliance or a copy of the
negotiated resolution must be submitted prior to the transfer of the permit.); or
3. in the case where a transfer falls under G.S. 143-214.7(c2) (see also SL 2011-256), the proposed
permittee resolves all non-compliance issues upon acquiring the permit.
Signature requirements for the named signing official(for current and proposed permittee) must meet the following:
• Corporation -a principal executive officer of at least the level of vice-president;
• Limited Liability Company(LLC) - the designated manager; (Documentation from the NC Secretary of
State or other official documentation must be provided that states the titles and positions held by the
person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for
the LLC)
• Municipality-a ranking official or duly authorized employee;
• Partnership or limited partnership-the general partner;
• Sole proprietor,
• The signature of the consultant or other agent shall be accepted on this permit transfer application only if
accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as
applicable.
A. GENERAL INFORMATION
1. State Stormwater Permit Number: SW8140321 n'
2. Project name: n4A r P (0 tiLW'N / Ts S U Clw�2
Is this an updated project name from the current p rmit? ❑ Yes x❑ No
3. Reason for the permit transfer request:
Transfer name to the HOA Adams Landing
Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018

B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below)
x❑ 1. Both the current and proposed permittees
❑ 2. Only the current permittee of a condominium or planned community (skip Part F& G).
In accordance with G.S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only
when all of the following items can be truthfully checked:
❑ Any common areas related to the operation and maintenance of the stormwater management
system have been conveyed to the unit owners' association or owners' association in
accordance with the declaration;
x❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than
a declarant (provide documentation per submittal requirements below);
❑ The stormwater management system is in compliance with the stormwater permit.
NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that
the elements of the Planned Community Act (see §47F) have been met by the Declarant for the
subdivision. If the Declarant chooses to use this type of transfer, the determination must be in
writing, signed by the attorney, and submitted to DEMLR with this form.
3. Only the proposed permittee (skip Part D below).
In accordance with G.S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only
(SLS'IG'lovJGf when all of the following items can be truthfully checked:
Peas-m��1�
LNG ❑ a. The proposed permittee is either (select one of the following):
pool \S ❑ The successor-owner who holds title to the property on which the permitted activity is
occurring or will occur;
t5 `�� ❑ The successor-owner who is the sole claimant of the right to engage in the permitted
activity.
x❑ b. The current permittee is (select at least one of the following, but all that apply):
❑ A natural person who is deceased.
❑ A partnership, Limited Liability Corporation, corporation, or any other business
association that has been dissolved
❑ A person who has been lawfully and finally divested of title to the property on which the
permitted activity is occurring or will occur.
❑ A person who has sold the property on which the permitted activity is occurring or will
occur.
❑ Other(please explain):
x❑ c. The proposed permittee agrees to the following requirements (all must be selected):
❑ There will be no substantial change in the permitted activity.
❑ The permit holder shall comply with all terms and conditions of the permit until such
time as the permit is transferred.
❑ The successor-owner shall comply with all terms and conditions of the permit once the
permit has been transferred.
E(CEO J
0 3 2023
Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018

C. SUBMITTAL REQUIREMENTS
Please mark "Y"to confirm the items are included with this form. Please mark X'if previously provided. If not
applicable or not available, please mark N/A.:
x 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2).
x 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the
required items.
x 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of
State demonstrating that the proposed permittee is a legal and viable entity able to conduct
business in North Carolina.
4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized
applicable O&M agreement(s)from the proposed permittee, as required by the permit.
x 5. Legal documentation that the property has transferred to the proposed permittee (such as a
recorded deed for the property, uncompleted development and/or common areas) or legal
documentation demonstrating that the proposed permittee is the sole claimant of the right to
engage in the permitted activity.
6. If required by the permit and if the project has been built, a signed, sealed and dated certification
document from a licensed professional stating that the stormwater management system has been
inspected and that it has been built and maintained in accordance with the approved plans.
7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has
been built, documentation that the maximum allowed per lot built-upon area or the maximum
allowed total built-upon area has not been exceeded. If the project has not been built, the new
owner shall provide a signed agreement to submit final recorded deed restrictions and protective
covenants.
x 8. If transferring under G.S. 143-214.7(c2) (i.e., Part 8, Item 2 of this form is selected),
documentation verifying that 50% or more of the lots have been conveyed to individuals (not
builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address,
owner's name, conveyance date and deed book and page number are acceptable.
9. If transferring under G.S. 143-214.7(c5) (i.e., Part 8, Item 3 of this form is selected), provide legal
documentation supporting the dissolution of the corporation or documentation supporting the
current permittee was lawfully and finally divested of title of the property.
10. A copy of the lease agreement if the proposed permittee is the lessee.
11. A copy of the pending sales agreement if the proposed permitlee is the purchaser.
12. A copy of the development agreement if the proposed permittee is the developer.
EOEg Ev/
0 J' 2323
BY:�_
Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018

D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email.
1. Current Permit Holder's Company Name/Organization: CBR Wilmington I.l LI'C
2. Signing Official's Name: James (Jimmy Walker
3. Signing Official's Title:
4. Mailing Address:
City: 5 State: n� ZIP : �c�s7
5. Street Address: _,290% u, KF11R WE SLuTL /01
City: W unt- C07Ew State: Ae' ZIP : 12LIQr
6. Phone: (Co)— 2-7 _ d2-01 Email: WQ1V4!,-f'04Uj�C nn5 � toNA[�� C(Um
I, James C Walker the current permittee, am submitting this application for a
transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified
on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project
and/or the stormwater system associated with this permit. I have provided a copy of the following documents to
the proposed permittee named in this application form: (select all that apply)
❑ the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats;
❑ the approved plans and/or approved as-built plans,
❑ the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee (where required);
❑ a copy of the most recent inspection report;
I further attest that this application and request for a permit transfer is accurate and complete to the best of my
knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand
that if all required parts of this request are not completed or if all required supporting information and attachments
listed above are not included, this request package will be returned as incomplete I assign all rights and
obligations as permittee to the proposed permittee named below. I understand that this request to transfer the
permit may not !Moved by the DEMLR un and until the facility is in compliance with/the permit. r�
Signature: Date: (Xce
Ct r4t0Y) G _Dcu JS6 Y\ � , a Notary Public for the State of
N a CYb �,KO/� /�h�A2� �� � ,""County oft, � _W 1l" (� , do hereby certify
that J a W S VP WU r�4k I(,f',6( lui" personally appeared before me
this the �p day of FC6fugw(4 20 and acknowledge the due
e`x�petltttsl 'b?iije forgoing instrument. Witness my hand and official seal,
J� C� G Ilk
`L 1i
F� 0 sO
i Notary S Z
P rye
,fVp�Sig nattuure�,`' i( � �r "lX �(�J( ' 2'VE
Z
•�.,
My ddM t9ion expires 06 2 g 20Z 7
Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018

E. PROPOSED PERMITTEE INFORMATION
1. The proposed permittee is the:
❑ Property owner (Also complete Part F.)
x❑Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association
(UOA) (Also complete Part F.)
❑ Lessee-Attach a copy of the lease agreement. Both the lessee and the property owner will appear on
the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property
owner. (Also complete Parts F& G.)
❑ Purchaser-Attach a copy of the pending sales agreement. The permit will require submission of a copy
of the recorded deed after the purchase has taken place. if the purchase agreement is cancelled the
permit reverts to the property owner. (Also complete Parts F& G.)
❑ Developer-Attach a copy of the development agreement. Both the developer and the property owner
will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for
the permit reverts to the property owner. (Also complete Parts F& G.)
2. Proposed permittee name (chack one of the following and provide the name):
❑ Corporation, LLC, Partnership, Municipality name:
❑ HOA/ POA/ UOA name: Adams Landing}let O W Q pAN `Y�C�fi CtOI�
❑ Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email.
a. Signing Official's Name: Joy Sharp
b. Signing Official's Title: President, Board of Directors V�� tti4jtl<Sn}
c. Mailing Address: c/o CEPCO Management 1628 Doctors Circle
City: Wilmington State: NC ZIP : 28401
d. Street Address:
City: State: ZIP
e. Phone: [phone] Email: rnorrispcepco-nc.com
4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide:
Please be sure to provide Email.
a. Management Company or Business name: CEPCO Management
b. Contact Name: Randy Norris
Title: Owner
c. Mailing Address: 1628 Doctors Circl e-
d. City: Wilmington State: NC ZIP: 28401
e. Phone: [phone] Email: rnorris(a)cepco-nc.com
E tS.1r E I C+9 E
2023
Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018

F. PROPOSED PERMITTEE CERTIFICATION
I,Joy Sharp , hereby notify the DEMLR that I have acquired through sale, lease,
development agreement, or other legal transfer, the project/property covered by the stormwater management
permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater
management system. I acknowledge and attest that I have received a copy of: (select all that apply):
x❑the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats;
❑ the approved plans and/or approved as-built plans;
x❑the approved operation and maintenance agreement;
x❑past maintenance records from the previous permittee (where required);
❑ a copy of the most recent inspection report;
x
❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance
issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a
written document statement, with a "plan of action and schedule"addressed to this office slating that they will
bring the project into compliance upon receipt of the transferred permit. This written "plan of action and
schedule"must be received by the Division before the Division will transfer the permit.
I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will
comply with the terms and conditions of the permit. I will construct the project's built-upon area as shown on the
approved plans; and I will {construct}, operate and maintain the approved stormwater management system
pursuant to the requirements listed in the permit and in the operation and maintenance agreement.III Signature: 9 A .�S / n Date: Fe_Lruur to o ' o a3
1, flr16_,,%Sa tl.�. moor e a Notary Public for the State of })oril, Cg r6l r v
County of —, do hereby certify that 'Iny W. %nrn
personally appeared before me this the_L& day of FA brunrH 20 X5 , and
��\\111411//
\� Iecjg�7yfx�,due execution of the forgoing instrument. Witness my hand and official seal,
S�\tS CNN p���
NOTARY
o(NoP4uto =
li). ` (1r1 o6�L2
My commission expires amp„i_1_ aoa 3
E0F=9VE
hpl-l0 2023
BY:
Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018

G. PROPERTY OWNER INFORMATION AND CERTIFICATION
Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to
the property owner if the purchase agreement, development agreement or lease expires or is terminated.
Company Name/Organization:
Signing Official's Printed Name:
Signing Official's Title:
Mailing Address:
City: State: ZIP :
Phone: (_) Email:
I, hereby certify that I currently own the property identified in
this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the
property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase
agreement, development agreement or the lease agreement, which names the party responsible for the
construction and/or operation and maintenance of the stormwater system, has been provided with the permit
transfer request.
I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements
and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer
Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree
by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR
Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I
understand that any individual or entity found to be in noncompliance with the provisions of the stormwater
management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute
(NCGS) 143, Article 21.
Signature of the property owner Date:
a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this the day of
, 20 and acknowledge the due execution of the forgoing instrument. Witness
my hand and official seal,
(Notary Seal)
Notary Signature
My commission expires
E(CEPVE
MM 0 3 2023
By:_�
Slormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018

Permit No,sW g (K 0 3 2 (
(tc be provided by DWO)
'E T4 E 'Ty
JUN 1:1 2014
020E W A7(;gpG
NCDENR o� Y
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form must be filled out,printed and submitted.
The Required Items Checklist(Pad 111)must be printed,filled out and submitted along with all of the required information.
I. PROJECT INFORMATION
Project name o,Adams Landing
Contact person I'w .„.�.; .: , David L.Marius,P E.,Stroud.Engineering,P.A.
-
Phone number _910-815-0775 -
Date 3117/2014
g .. . .
Draina earea number 1oL1[+,
II. DESIGN INFORMATION - --
Site Characteristics
Drainage area 373.431--:ft2
Impervious area,post-development L. 209,237,'ftr
%impervious 56,03 %
Design rainfall depth
1.5 in
Storage Volume: Non-SA Waters
Minimum volume required 25,873 g3
Volume provided 25873'ft'
OK,volume provided is equal to or in excess of volume required.
Storage Volume: SA Waters
1.5'runoff volume ;ry'
Pre-development l-yr,24-hr runoff E .,„„ :"rya
Post-development 1-yr,24-hr runoff - - ry1
Minimum volume required Its
���1111111///
Volume provided ' 'nrys \\ CAR04 *,
Peak Flow Calculations pQ-O�f�$3/�N'.y'9
Is the pre/post control of the lyr 24hr storm peak flow required? ' N ` (Y or N) ri d SEAL
1-yr,24-hr rainfall depth Iin = SEAL
Rational C,pre-development limitless) 35677
Rational C,post-development limitless) ��. fH "�g ``
Rainfall intensity:l-yr,24-hr storm +!inmr GIN �J`\
Pre-development 1-yr,24-hr peak flow 0.44 fte/sec L -
Post-development 1-yr,24-hr peak flow 1.17 ftr/sec r .10
\
Pre/Post 1-yr,24-hr peak flow control 0.73 fte/sec
Elevations
Temporary pool elevation .11.92.fmsl
Permanent pool elevation , 10.50 fmsl
SHWT elevation(approx,at the perm.pool elevation) 11.00;,fmsl
Top of l OR vegetated shelf elevation ' 11.00;fmsl
Bottom of 1 Oft vegetated shelf elevation '10.00 fmsl
Sediment cleanout,tap elevation(bottom of pond) 2.00.fmsl
Sediment cleanout,bottom elevation 1.00 fmsl
Sediment storage provided 1.00 It
Is there additional volume stored above the state-required temp.pool? 'i` Y .' :(Y or N)
Elevation of the top of the additional volume - '15.0 fmsl Insufficient.Must equal the temp.pool slay.previously entered.
Form SW401-Wet Detention Basin-Rev 9-4/19/12 E73geloQ

Permit No. S W g ( �1 0 3 v
(to be provided by DWO)
.r
II. DESIGN INFORMATION
Surface Areas
Area,temporary pool 20,000ftZ
Area REQUIRED,permanent pool 14,190 ft'
SA/DA ratio - -.-.3.80 (unidess)
Area PROVIDED,permanent pool,Ape,, w (: -' 14,675'ft` OK
Area,bottom of 10ft vegetated shelf,Ab mw - 8,824,ft
Area,sediment cleanout,top elevation(bottom of pond),ALpp„a 1 ';''" 21392'ft'
Volumes
Volume,temporary pool ` "25,873:ft' OK
Volume,permanent pool,Vp,.,W . .,,50,661,ft3
Volume,forebay(sum of forebays if more than one forebay) 10,657'fts
Faraday%of permanent pool volume 21.0% % OK
SAIDA Table Data
Design TSS removal I 901
Coastal SAIDA Table Used? i Y. ., ,(Y or N)
MountairlPiedmonl SAIDA Table Used? I.— N z '"''(Yor N)
SAIDA ratio 3.80 (unitless)
Average depth(used in SAIDA table):
Calculation option 1 used?(See Figure 10-2b) N." (Y at N)
Volume,permanent pool,Vp°.,m 50,661 ft'
Area provided,permanent pool,Ap, _p, 14,675 ft'
Average depth calculated ft Need 3 ft min,
Average depth used in SAIDA,d„,(Round to nearest 0,5ft) ft
Calculation option 2 used?(See Figure 10-2b) i Y I(Y or N)
Area provided,permanent pool,Ap,,,,-ppy 14,675 ft
Area,bottom of 1Oft vegetated shelf,Ab,,_u,d, 8,824 ft`
Area,sediment cleanout,top elevation(bottom of pond),Ax, d 2,392 ft'
'Depth'(distance bIw bottom of 10ft shelf and top of sediment) 8.00 it
Average depth calculated @ -:' 5.30 It OK
Average depth used in SAIDA,d„,(Round to down to nearest 0.51t) 1 ' - 5.31 It OK
Drawdown Calculations
Drawdown through orifice? Y - ;(Y or N)
Diameter of odfice(if circular) °2.50.in
Area of orifice(if-non-circular) ma
Coefficient of discharge(Ca) , 0.60(unhess)
Driving head(Hp) :0.48.ft
Drawdown through weir? ..r..:N (Y or N)
Weir type (unifless)
Coefficient of discharge(C.) (unifiess)
Length of weir(L) ft
Driving head(H) it
Pre-development 1-yr,24-hr peak flow , 0,44,fts/sec
Post-development 1-yr,24-hr peak flow :'Y1.17,ft1/sec
Storage volume discharge rate(through discharge orifice or weir) k -0.11't Isec
Storage volume drawdown fime 2.70;days OK,draws down in 2-5 days.
Additional Information
Vegetated side slopes ,.. 3,:1 OK EC E 1 V E
Vegetated shelf slope � .101:1 OK
Vegetated shelf width .10.0ift OK
Length of flowpath to width ratio I_ :3@:1 OK JUN 11 2014
Length to width ratio _ 3.0::1 OK
Trash rack for overflow 8 orifice? Y " rr'I(Y or N) OK
Freeboard provided 1.0'ft OK BY:
Vegetated filter provided? '_- N -!,(Y or N) OK
Recorded drainage easement provided? r Y.�.„;'-.. (Y or N) OK
Capures all runoff at ultimate build-out? Y "'.I(Y or N) OK
Drain mechanism for maintenance or emergencies is: PUMP
Form SW401-Wet Detention Basin-Rev.9 4/1 B/12 Parts 1.811.Design Summary,Page 2 of 2

Permit No. SW g / YC)32 /
(to be provided by D WQ)
III. 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 follovring 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.
Page/Plan
Initials Sheet No.
f_L 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.
` I 2 2. Partial plan(1"=30'or larger)and details for the wet detention basin showing:
-Outlet structure vrith trash rack or similar,
-Maintenance access,
-Permanent pool dimensions,
-Forebay and main pond with hardened emergency spillway,
-Basin cross-section,
-Vegetation specification for planting shelf,and
-Filter strip.
( 3. Section view of the wet detention basin(1"=20'or larger)showing:
-Side slopes,3:1 or lower,
-Pretreatment and treatment areas,and
V` -Inlet and ou81 structures.
4. If the basin is used for sediment and erosion control during construction,clean out of the basin is specified
on the plans prior to use as a wet detention basin.
1 L 5. A table of elevations,areas,incremental volumes&accumulated volumes for overall pond and for Forebay,
/ 1 to verify volume provided.
Ilan I 6. A construction sequence that shows how the wet detention basin will be protected from sediment until the
entire drainage area is stabilized.
L 7. The supporting calculations.
8. A copy of the signed and notarized operation and maintenance(O&M)agreement.
" 2 9. A copy of the deed restrictions(if required).
10. A soils report that is based upon an actual field investigation,soil borings,and infiltration tests. County
soil maps are not an acceptable source of soils information. r}�■J�_ p �y'!yam
`AGE■ Y LAM
p� MAR 2 0 20%
Form SW401-Wet Detention Basin-Rev.9-4/18/12 Part Il(YRSgUnd'Items'Check1tst-Page 1 of 1

P� c6zv
State Stormwater Management Systems
Permit No. SW8 140321
Page 1 of 2
Stormwater Permit No. SW8 140321
New Hanover County
Designer's Certification
I, p, t,C L. Me,' , S , as a duly registered R--P7 E55;a . in the State
of North Carolina, having been authorized to observe (periodically/weekly/full time) the
construction of lthe project,
1-4qd,n7
(Project)
for L-M Wr""194c ? . Gt C (Project Owner) hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the project construction such
that the construction was observed to be built within substantial compliance and intent of the
approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
1. 5�i ,r,e/- iS S4;JI 1n u5e -. 5Z v/� Se- rp-4,v `;)}er� �o
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S,d�ed, 5Isd4 /S
rn d
SEAL
Signature /�� �tUlluff�i
Registration Number 356-7, 4SEAL
Date 3l y 12o IS
35877 —
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BY:
Page 8 of 9

Permit No. SW8 140321
Certification Requirements: Page 2 of 2
L1. 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 outiet/bypass structure.
f e�
mot' r 8. All slopes are grassed with permanent vegetation.
I A 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
I the system.
'^ 11. The permitted amounts of surface area and/or volume have been provided.
f'^Oe� 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: NCDENR-DEMLR Regional Office
New Hanover County Building Inspections
Page 9 of 9

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BV' TRATION REGISTER Or DEED
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THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF
THE FLAG OF THE UNITED STATES OF AMERICA OR STATE OF NORTH CAROLINA
Prepared b}r dames A MacDonald,The MacDonald Law Firm,PLLC,1508 Military Cutoff Road,Suite 102,Wilmington,NC 28403
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS
FOR ADAMS LANDING
THESE PROTECTIVE COVENANTS, made this the It 4 day of December, 2014, by
CBR WILMINGTON,LLC,a North Carolina limited liability company,its successors and assigns,whether
one or more,hereinafter referred to as"DECLARANT"
WITNESSETH
WHEREAS,DECLARANT is the owner ofcertam real property in New Hanover County,North
4W11lma,which ismore particularly described as ADAMS LANDING,in those maps recorded in Map Book
at Page -30, inclusive,of the New Hanover County Registry(hereinafter the"Plat")
NOW,THEREFORE,DECLARANT hereby declares that all of the properties described above
shall be held, sold and conveyed subject to The Planned Community Act, set forth in Chapter 47F of the
North Carolina General Statutes and to the following easements,restrictions,covenants and conditions,which
are for the purpose of protecting the value and desirability of,and which shall run with the real property and
be binding on all parties having any right,title,or interest in the described properties or any part thereof,their
heirs,successors and assigns, and shall inure to the benefit of each Owner thereof
ARTICLE I
Definitions
Section I Articles shall mean the Articles of Incorporation of ADAMS LANDING HOA,INC
Section 2. Association shall be used to mean and refer to ADAMS LANDING HOA, INC , a

private non-profit corporation formed or to be formed by the DECLARANT primarily as a Homeowners'
Association for the Lot Owners in ADAMS LANDING, all of whom shall be Members of the Association
Section 3 Bylaws means the Bylaws of ADAMS LANDING HOA, INC
Section 4 Common Elements shall mean all real property, personal property, easements and
facilities owned or leased by the Association for the common use and enjoyment of the Owners
Section 5. Common Expenses means and includes actual and estimated expenses of maintaining
and operating the Common Elements, applicable conservation and buffer areas and landscaped areas within
road right of ways and operating the Association for general purposes, including any insurance, reasonable
reserve and utilities, as may be found necessary and appropriate by the Executive Board pursuant to these
Protective Covenants, the Bylaws and the Articles of Incorporation of the Association, including the
following
a All sums lawfully assessed by the Association against its Members,
b Expenses of administration, maintenance, repair or replacement of the Common
Elements and the stormwater system,
c Expenses declared to be Common Expenses by the provisions of these Protective
Covenants or the Bylaws,
d Expenses agreed by the Members to be Common Expenses of the Association,and
e Any ad valorem taxes and public assessments levied against the Common Elements
Section 6 Community-wide Standard shall mean the standard of conduct,maintenance,or other
activity generally prevailing throughout ADAMS LANDING Such standard may be more specifically
determined by the Executive Board and the Architectural Control Committee
Section 7 DECLARANT OR DEVELOPER shall be and refer to CBR WILMINGTON,LLC,
a North Carolina limited liability company, its successors and assigns, if such successors or assigns should
acquire more than one undeveloped Lot from the DECLARANT for the purpose of development and enter
into a specific assignment agreement with DECLARANT
Section 8.Executive Board shall be the elected Executive Board governing the Association and
managing the affairs of the Association
Section 9 Limited Common Elements shall mean that certain real property and facilities
intended for the exclusive use or primary benefit of one or more but less than all of the Lots as shown and
designated on any maps of sections of the Subdivision which are or may be recorded in the New Hanover
County Registry or which may be designated in any amendment to the Protective Covenants annexing
additional properties
Section 10 Limited Common Expenses shall mean and include actual and estimated expenses
of maintaining, operating, repairing, and replacing the Limited Common Elements, including insurance,
reasonable reserves and utilities as may be found necessary and appropriate by the Executive Board pursuant
to these Protective Covenants,the Bylaws and the Articles for the benefit of the Limited Common Elements
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Section 11 Lot shall mean and refer to any of the numbered Lots as shown on the plat of
ADAMS LANDING, Section 1, recorded as aforesaid, in the New Hanover County Registry together with
the single family structure or dwelling,and any other numbered lots which may be shown on maps which may
be recorded in the future showing additional sections of ADAMS LANDING and which are annexed into the
Subdivision in accordance with Article 3, Section 1 and Article 10
Section 12 Member shall mean and refer to each and every person or entity who or which owns
an interest in a Lot in ADAMS LANDING, Section 1, and such additions thereto as may hereafter be brought
within the jurisdiction of the Association.
Section 13 Misconduct shall have the meaning set forth in Chapter 47F of the North Carolina
General Statutes and in addition shall also include, without limitation, violations of Article 6, Section I ,
Article 8;Article 9, Sections 6,7 and 8b ,and Article 11 herein
Section 14 Owner shall mean and refer to the record owner, whether one or more persons or
entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but
excluding those having such interest merely as security for the performance of an obligation
Section 15 Person shall mean and refer to an individual,corporation, limited liability company
or partnership, partnership or limited partnership, association,trustee, or other legal entity
Section 16 Properties shall mean and refer to that certain real propertYwhich is described as
ADAMS LANDING, Section 1, as shown in those maps recorded in Map Book O at Page 30
inclusive,of the New Hanover County Registry and such additions thereto as may hereafter be brought within
the jurisdiction of the Association
Section 17 Protective Covenants shall mean this instrument as it may be from time to time
amended or supplemented
Section 18 Subdivision means all of that real property known collectively as ADAMS
LANDING, Section 1, as shown on those maps recorded in Map Book 160 at Page�3, inclusive,
of the New Hanover County Registry,together with all real property shown on maps which may be recorded
in the future showing additional sections of ADAMS LANDING and which are annexed into the Subdivision
in accordance with Article 3, Section 1 and Article 10
Section 19 Supplemental Declaration an amendment or supplement to these Protective
Covenants filed pursuant to the terms of these Protective Covenants which subject additional property to these
Protective Covenants and/or impose, expressly or by reference, changes to or additional restrictions and
obligations on the land described therein
ARTICLE 2
Property Rights
Section 1 Owners Easements of Enjoyment Every Owner shall have a right and easement of
enjoyment in and to the Common Elements and every Owner whose Lot has assigned to it Limited Common
Elements shall have a right and easement of enjoyment in and to the Limited Common Elements to which
such Lot has rights, all of which rights shall be appurtenant to and shall pass with the title to every Lot,
3

subject to the following provisions:
a The right of the Association to limit the number of guests of Members,
b The right of the Association to suspend the voting rights and right to use the
Common Elements and the Limited Common Elements and the recreational facilities by an Owner for any
period during which any assessment against his Lot remains unpaid,and fora period not to exceed sixty(60)
days for any infraction of its published rules and regulations in accordance with that procedure set forth in
Article 11;
c The right of the Association to dedicate or transfer all or part of the Common
Elements and the Limited Common Elements to any public agency,authority,or utility for such purposes
and subject to such conditions as may be agreed to by the Association,
d TIc rightofthe Association to formulate,publish and enforce rules and regulations
for the use and enjoyment of the properties within Adams Landing, including the Lots,Common Elements
and the Limited Common Elements and improvements thereon,which regulations may further restrict the
use of the Common Elements and the Limited Common Elements and the right of the Association in
accordance with the procedure set forth in Article 1 i to establish penalties for any infractions thereof
e The rightofthe Association,in accordance with its Articles andBylaws,to borrow
money for the purpose of improving the Common Elements and the Limited Common Elements and carrying
out its maintenance responsibilities and in aid thereof to mortgage said property, and the rights of such
mortgagee in said properties shall be subordinate to the rights of the Lot Owners hereunder
f Easements as provided in Article 4 hereof
Section 2 Delegation of Use Owner may delegate, in accordance with the Bylaws,his
nght of enjoyment to the Common Elements and, if applicable, the Limited Common Elements to the
Members of his family, his tenants,or contract purchasers who reside on the property
Section 3 Common Elements. The Common Elements cannot be mortgaged or
conveyed without the consent of Owners representing at least eighty percent(80)of the Owners
ARTICLE 3
DECLARANT'S RIGHTS
Section I The DECLARANT hereby reserves the right to annex and subject to these
restrictions of the real proper which is located within one(1)mile radius of that property described in Map
'
Map Book�at Page ,'O inclusive,of the New Hanover County Registry, in order to extend the
scheme of these Protective Covenants to other property to be developed and thereby bring such additional
properties within the jurisdiction of the Association
Section 2 The rights reserved by DECLARANT include the right to change, alter or
designate Lot(s),roads,utility and drainage facilities and casements,and to change,alter or redesignate such
other present and proposed amenities or facilities as may in the sole Judgment or the DECLARANT, be
necessary or desirable The rights reserved in this Section specifically include the right of DECLARANT
4

to redesignate,change,or alter any platted Lot(s) into roads or easements
ARTICLE 4
Easements
Section 1 Easements are reserved as necessary in the Common Elements and the Limited
Common Elements for installation and maintenance of underground utilities and drainage facilities and
common landscape features
Section 2 Every Owner of a Lot within the Subdivision, as an appurtenance to such Lot, shall
have a perpetual easement over and upon the Common Elements within the Subdivision for each and every
purpose or use to which such Common Elements were intended as determined by their type,or for which such
Common Elements generally are used,including,but not limited to,easement of access,maintenance,repair
or replacement of the Common Elements Such easements shall be appurtenant to and shall pass with the title
to every Lot located within the Subdivision, whether or not specifically included in a deed thereto Every
Owner of Lot within the Subdivision which is assigned to a Limited Common Element,as an appurtenance
to such Lot, shall have a perpetual easement over and upon such Limited Common Element for each and
every purpose or use to which such Limited Common Element is intended by its type, or for which such
Limited Common Element is generally used,including, but not limited to,easement of access, maintenance,
repair or replacement of such Limited Common Elements Such easements shall be appurtenant to and shall
pass with the title to every Lot assigned to such Limited Common Elements, whether or not specifically
included in the deed thereto
Section 3 The Association hereinafter may grant easements for utility purposes for the benefit
of the Subdivision and the Lots now or hereafter located thereon,over,under,along and through the Common
Elements and the Limited Common Elements,provided,however,that no such grant of easement shall have
a material adverse effect on the use, enjoyment or value of any Lot
Section 4 Any Owner may delegate, in accordance with the rules and regulations, his right of
enjoyment to the Common Elements and, if applicable, to the Limited Common Elements, to the members
of his family,his tenants, and contract purchasers who reside on the property
Section 5 Easements and rights of way over and upon the front ten feet(10') of each lot that
abuts the road or street for the installation, maintenance, inspection and repair of utilities and services and
a twenty-foot (20� right of way along the rear property line of lots 27, 32, through 36 inclusive, and along
the southern lines of lots 38 and 39 as are reserved to DECLARANT and its successors and assigns and for
such utility providers and servicers as the Declarant or its successor may designate for such purposes as
DECLARANT or its successors may deem incident and appropriate to its overall development plan The
easements and right of way areas reserved by DECLARANT on each Lot pursuant hereto shall be maintained
continuously by the Owner, but no structures or plantings or other material shall be placed or permitted to
remain upon such areas or other activities undertaken thereon which may damage or interfere with the
installation or maintenance of utilities or other services, or which may retard, obstruct or alter the flow of
water or which may damage or interfere with established slope ratios or create erosion problems
Improvements within such areas also shall be maintained by the respective Owner except those for which a
public authority or utility company is responsible These easements and rights expressly include the right to
cut any trees, bushes or shrubbery, make any gradmgs of the sod, or to take any other similar action
reasonably necessary in the opinion of the DECLARANT to provide an economical and safe installation The
DECLARANT shall have no maintenance responsibilities for such easement areas All easements referred
5

to in this Section 5 are more fully depicted on the subdivision map referred to in Article 1 Section 18 of these
Protective Covenants for Adams Landing
Section 6 Every Owner shall have a right and easement of enjoyment in and to any and all other
Common Elements which are owned or leased by the Association for the enjoyment of the Owners;this right
and easement of enjoyment shall be appurtenant to and shall pass with the title to every Lot
Section 7 The rights reserved by DECLARANT in Article 3 and all annexed Sections include
the right to change,alter or designate Lots,roads,utility and drainage facilities and easements,and to change,
alter or redesignate such other present and proposed amenities or facilities as may in the sole judgment of the
DECLARANT, be necessary or desirable Except as allowed in Article 3,the DECLARANT shall have no
right to change,alter or redesignate the character of the use of the Lots within the Subdivision
Section 8 An easement is hereby granted to all police,fire protection,ambulance and all similar
persons, companies or agencies performing emergency services to enter upon the Lots,Common Elements
and Limited Common Elements in the performance of their dunes
Section 9. The real property in this Subdivision is subject to a contract with the appropriate
utility company for the installation of underground electrical utilities, which may require an initial
contribution,and/or the installation of street lighting,which may subject each Owner to a continuing monthly
payment to Duke Progress Energy and may be collected as part of the Homeowners Association Dues.
Section 10 An easement is hereby established over all Lots, Common Elements and Limited
Common Elements for the benefit of applicable governmental agencies for the setting,removing and reading
of water meters, maintaining and replacing water, drainage and drainage facilities, fire fighting, law
enforcement, garbage collection and the delivering of mad
Section 1 I An exclusive easement is hereby established in favor of DECLARANT over all
Common Elements and Limited Common Elements for access to adjacent properties for the purposes of
future development and the installation of streets and public utilities
Section 12 All easements and rights described herein are easements appurtenant,running with
the land,and shall inure to the benefit of and be binding on all undersigned, its successors and assigns,and
any Owner, purchaser, mortgagee and other person having an interest in said land, or any part or portion
thereof, regardless of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the
benefit of and be binding on the undersigned, its successors and assigns, and any Owner, purchaser,
mortgagee and other person having an interest in said land, or any part or portion thereof, regardless of
whether or not reference to said easement is made in the respective deeds of conveyance,or in any mortgage
or trust deed or other evidence of obligation, to the easements and rights described in these Protective
Covenants
ARTICLE 5
Association
Section 1 Purpose An Association named ADAMS LANDING HOA,INC has been or will be
formed pursuant to the requirements of the Nonprofit Corporation Act(Chapter 55A)of the General Statues
of North Carolma Its purposes are to own,manage,maintain and operate the Common Elements and Limited
Common Elements and facilities located upon the Limited Common Elements, platted conservation and
buffer areas (if any), areas with similar designations and landscaped areas within road right of ways, the
6

stormwater runoff system,sign easements areas,and fences or other property maintained by the Association;
to enforce the Protective Covenants contained herein, and to make and enforce rules and regulations
governing the Owners' use and occupation of Lots,
Section 2 Membershm Every Person who is record Owner of a fee or undivided fee interest in
any Lot which is subject by covenants of record to assessment by the Association,including contract sellers,
but excluding persons who hold an interest merely as security for the performance of any obligations, shall
be a member of the Association. Ownership of such interest shall be the sole qualification for such
membership,there shall be only one vote per Lot in such Association Membership shall be appurtenant to
and may not be separated from ownership of any Lot The Executive Board may make reasonable rules
regarding proof of ownership
Section 3 Voting Rights The Association shall have two classes of voting memberships.
a Class "A" Class A Members shall be all Owners (with the exception of the
DECLARANT during the Class B membership) and shall be entitled to one vote
for each Lot owned When more than one person holds an interest in any Lot, all
such persons shall be Members If only one of the multiple owners of a Lot is
present at a meeting of the Association,the Owner who is present is entitled to cast
all the votes allocated to that Lot If more than one of the multiple owners are
present, the votes allocated to that Lot may be cast only in accordance with the
agreement of a majority in interest of the multiple owners. Majority agreement is
conclusively presumed if any one of the multiple owners casts the votes allocated
to that Lot without protest being made to the person presiding over the meeting by
any of the other Owners of the Lot
b Class`B" Class B Member shall be the DECLARANT,and such member shall be
entitled to three(3)votes for each Lot owned The Class B membership shall cease
and be converted to Class A membership on the happening of either of the
following events, whichever occurs earlier
(1) When the DECLARANT owns twenty-five percent(25%)or less of all the
planned residential lots in the subdivision,including any property which may
be annexed to the subdivision,or
(2) On December 31, 2022
Section 4. Only those Lot Owners subject to assessments under Article 6 Section I c(1)or(2)
shall vote on issues affecting such assessments or property subject to such assessments The number of votes
required on any issue shall be the same as required for comparable votes on issues affecting general
assessments or Common Elements
Section 5 The DECLARANT shall have the right to appoint and remove the members and
officers of the Executive Board until (i)December 31, 2022, or(u)the DECLARANT rums control of the
Association over to the Class A Members; or(m)DECLARANT owns twenty-five percent(25%)or less of
the planned residential lots for all phases or sections to the subdivision,whichever first occurs
7

Section 6 Subject to applicable law,the Association shall have the following powers
a Adopt and amend bylaws and rules and regulations;
b Adopt and amend budgets for revenues, expenditures, and reserves and collect
assessments for common expenses from Lot Owners,
c Hire and discharge managing agents and other employees,agents,and independent
contractors,
d Institute,defend,or intervene in litigation or administrative proceedings on matters
affecting the planned community
e Make contracts and incur liabilities,
f Regulate the use, maintenance, repair, replacement and modification of Common
Elements,
g Cause additional improvements to be made as a part of the Common Elements,
h Acquire, hold,encumber,and convey in its own name any right,title or interest to
real or personal property, provided that Common Elements may be conveyed or subjected to a security
interest only pursuant to applicable law,
i Grant easements, leases, licenses, and concessions through or over the Common
Elements,
3 Impose and receive any payments,fees, or charges for the use,rental,or operation
of the Common Elements and for services provided to Lot Owners;
k Impose reasonable charges for late payment of assessments including but not limited
to a ten percent(10%)interest change on all late assessments,and,after notice and an opportunity to be heard,
suspend privileges or services provided by the Association(except rights of access to Lots)during any period
that assessments or other amounts due and owing to the Association remain unpaid for a period of 30 days
or longer,
1 Impose reasonable fines or suspend privileges or services provided by the
Association(except rights ofaccess to Lots)for reasonable periods for violations of the Protective Covenants,
Bylaws, and Rules and Regulations of the Association,
in Impose reasonable charges in connection with the preparation and recordation of
documents, including, without limitation, amendments to these Protective Covenants or statements of paid
or unpaid assessments,
n Provide for the indemnification of and maintain liability insurance for its officers,
Executive Board, directors,employees, committee members and agents,
o Assign its right to future income, including the right to receive common Expense
assessments,
8

p Exercise all other powers that may be exercised in this State by legal entities of the
same type as the Association,and
q Exercise any other powers necessary and proper for the governance and operation
of the Association under NCGS Chapter 47F
r Ensure that the stormwater system is in compliance with the State Stormwater
Management Permit Number SW8140321 And any modification or amendments thereto as issued by the
Division of Water Quality under NCAC2H 1000
Section 7. Common Elements The Common Elements and Limited Common Elements may be
mortgaged or conveyed as required or permitted by law
Section 8 Management and Administration The management and administration of the Common
Elements and Limited Common Elements of the Subdivision and the Association shall be the sole right and
responsibility of the Association The management shall be carried out in accordance with the terms and
conditions of these Protective Covenants, the Articles and Bylaws, but may be delegated or contracted to
manager(s)or a management service_
Section 9 Assignment to Association All water, sewer, land use, stormwater system, and utility
permits, agreements and easements between DECLARANT and any municipal or governmental agency or
department or public or private utility company shall be assumed by the Association upon the assignment of
all such permits,agreements and easements to the Association by DECLARANT The Board of Directors of
the Association shall thereafter administer and approve all duties, obligations, and rights and privileges
assigned by DECLARANT under such permits, agreements and easements, including all maintenance
responsibilities under the following terms and conditions All approvals with respect to any exercise of
powers under this Section 9 of Article 5 shall be deemed satisfied upon a majority vote of the Board of
Directors of the Association.
a General After completion of construction of any facilities required to be
constructed by Declarant pursuant to permits, agreements and easements for the Development, all duties,
obligations, rights and privileges of the Declarant under any water, sewer, stormwater, erosion control and
utility agreements, easements and permits for the Planned Community with municipal or governmental
agencies or public or private utility companies, shall he the duties, rights, obligations, privileges and the
responsibility of the Association,notwithstanding that such agreements,easements or permits have not been
assigned or the responsibilities thereunder specifically assumed by the Association The Association shall
execute any documents required or requested by the Declarant or by appropriate governmental agencies in
furtherance of the covenant
b Storrnwater Permit(s) Any stormwater retention ponds and related facilities for the
Development which have or are to be constructed by or on behalf of the Declarant constitute Common
Elements and the Association,at its sole cost and expense, is responsible for the operation and maintenance
of such facilities The Association and each of its Members agree that at anytime after(i)all work required
under any stormwater permits for the Development have been completed, and (d) the Developer is not
prohibited under the NC Department of Environment and Natural Resources (DENR) regulations from
transferring the stormwater permit(s) for the Development to the Association, the Associations's officers
without any vote or approval of Lot Owners,and within 10 days after being requested to do so,will sign all
documents required by DENR for the stormwater permit(s) to be transferred to the Association; provided,
9

they are dated no more than 45 days before the date of the request and that all stormwater retention ponds,
swales and related facilities are constructed in accordance with the plans and specifications therefore The
Association shall indemnify and hold harmless the Developer from any obligations and costs under any
stormwater permits or for operation and maintenance of the stormwater retention ponds and related facilities,
the Developer shall be responsible for repaving any damage to such facilities caused by development
activities The Developer shall not be responsible for damages to stormwater retention ponds and related
facilities caused by construction of residences or other activities by Owners, their agents and contractors,
upon their Lots.Ifthe Association fails to sign the documents required by this paragraph,the Developer shall
be entitled to specific performance in the courts ofNorth Carolina requiring that the appropriate Association
officers sign all documents necessary for the stormwater permit(s) to be transferred to the Association
Failure of the officers to sign as provided herein shall not relieve the Association of its obligations under this
section. In addition, each Owner for the Owner,the Owner's heirs, successors and assigns, by acceptance
of a deed from the Declarant,for a Lot hereby irrevocably appoints James C Walker as the Owner's attorney
in fact,on behalf of the Owner and Association,to sign all documents required by DENR necessary for the
stormwater permit(s)to be transferred to the Association,provided,however, that the Declarant shall first
have requested as provided above that an officer of the Association execute such documents and any officer
has failed to do so within thirty(30)days of a written nonce to execute the documents
ARTICLE 6
Covenants for Assessments
Section 1 Creation of the Lien and Personal Obligation of Assessments. The DECLARANT,
for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a
deed thereof,whether or not it shall be so expressed in such deed,is deemed to covenant and agree to pay to
the Association
a General assessments or charges for Common Expenses, and
b Special assessments for capital improvements,or special assessments as established
by the Executive Board,and
c Individual assessments against a specific Lot or Lots, as follows (1) for the
payment of Limited Common Expenses associated with the maintenance, repair,
replacement of a Limited Common Elements as defined in ARTICLE 1 herein
against the Lot or Lots to which that Limited Common Elements is assigned,or(2)
any common expense or portion thereof benefittuig fewer than all of the Lots, or
(3)to cover the costs incurred in bringing the Lot into compliance with the terms
of these Protective Covenants,the Articles,Bylaws or Rules and Regulations of the
Association caused by the failure of Owner to comply with such provisions The
Association, through its Executive Board, may perform such required tasks or
remedy such matter and/or assess a fine for such failure to comply and may levy the
cost of such fine, performance, or remedy against the Owner(s) and the Owners'
Lot or property as an individual assessment. Individual Assessments levied under
(1)and(2)herein shall be equal as to all Lots subject to such assessment
The general,special and individual assessments,together with fees,charges,late charges,fines,
other charges, permitted hereunder or under Chapter 47F of the North Carolina General Statutes, interest,
10

costs and reasonable attorney's fees,shall be a charge on the Lot and shall be a continuing hen upon the Lot
against which each assessment is made Each such assessment, together with interest, costs, late fees and
reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such
property at the time when the assessment fell due
Notwithstanding any other provision in these Protective Covenants until the association makes
a common expense assessment pursuant to the budget approved by the Executive Board,the Declarant shall
pay all common expenses Upon approval of the first budget,thereafter the collection of assessments shall
be governed by this Article
Section 2 Purpose of Assessments The assessments levied by the Association shall be used
exclusively to promote the recreation, health, safety and welfare of the residents in the Subdivision and for
the improvements and maintenance of the Common Elements and Limited Common Elements and to pay the
taxes and other municipal charges or fees of the Common Elements and Limited Common Elements
Section 3 General Assessments. The Declarant during the Declarant Control Period will
establish the initial general assessment per lot for the year which shall be collected on a quarterly basis.
Thereafter the Association shall set the assessments as provided in the Bylaws At the time of the sale of any
lot,the general assessment for the quarter in which the closing occurs will be collected and paid if outstanding
or pro rated if previously paid. Provided if the closing occurs within six (6) weeks of the next quarter, the
purchaser will be required to pay the next quarter's general assessments in addition to his share of the current
quarter
Section 4 Special Assessments for Capital Improvements.In addition to the general assessments
authorized above,the Association may levy, in any assessment year,a special assessment for the purpose of
defraying, in whole or in part,the cost of any construction,reconstruction,repair or replacement of a capital
improvement upon the Common Elements, including easement areas,fixtures,and personal property related
thereto provided that any such assessment shall have the assent of the majority of the votes of each class of
Members who are voting in person or by proxy at a meeting duly called for this purpose Special assessments
for the maintenance of sewer lines and other elements of the sewer system, the drainage and stormwater
runoff systems,and other utility systems,as required by government permits or regulations,may be assessed
by the Executive Board without a vote of the Members All special assessments for capital improvements
shall be fixed to a uniform rate for all Lots
In addition to the assessments authorized above, the Association may levy, in any assessment
year, a special assessment for the purpose of defraying, in whole or in part, the cost of any construction,
reconstruction,repair or replacement of a capital improvement upon a Limited Common Element, including
easement areas,fixtures,and personal property related thereto,provided that any such assessment shall have
the assent of two-thirds(2/3)of the votes of those Members whose Lots are assigned to the Limited Common
Elements who are voting in person or by proxy at a meeting duly called for this purpose Special assessments
for the maintenance of sewer Imes and other elements of the sewer system, the drainage and stormwater
runoff systems,and other utility systems located in a Limited Common Element as required by government
permits or regulations, may be assessed by the Executive Board without a vote of the applicable Members
All special assessments for capital improvements to such Limited Common Elements shall be fixed to a
uniform rate for all Lots assigned to the Limited Common Elements.
Section 5 Working Capital Assessment At the time title is conveyed from any Owner(mcludmg
the Declarant) to any new Owner Each new Owner shall contribute to the Association as working capital
an amount equal to the amount of one year's general assessment Amounts paid into the working capital fund
11

are not to be considered as advance payment of regular assessments All working capital funds shall become
part of the general operating funds of the Association and may be used to pay any Association expenses
Section 6 Notice and Quorum for any Action Authorized Under this Article Written notice of
any meeting called for the purpose of taking any action authorized under this Article after the initial
establishment of assessments shall be sent to all applicable Members not less than ten(10)days nor more than
sixty (60) days in advance of the meeting At the first such meeting called, the presence of Members or of
proxies entitled to cast ten percent (10%) of all the votes of each class of membership shall constitute a
quorum The required quorum at any subsequent meeting shall be one-half(1/2)of the required quorum at the
preceding meeting No such subsequent meeting shall be held more than sixty (60) days following the
preceding meeting
Section 7. Date of Commencement of General Assessments and Due Dates The regular
assessments provided for herein shall commence on the date of conveyance of each Lot to an Owner other
than DECLARANT provided that H&H Contractors,Inc ,or its successor or assigns will be required to pay
only fifty percent (50%) of the regular assessments for any model home lots acquired from the Declarant
until the lot is sold to another person or is leased or occupied as a residence The first regular assessment to
be paid at each conveyance shall be pro rated for the number of days or months remaining in the calendar year
or in the period set by the Executive Board The due dates shall be established by the Executive Board The
Executive Board shall require the regular assessment to be paid at least annually,but may require the regular
assessment to be paid more often. The regular assessments and annual operating budget shall be computed
as follows
a At least thirty(30)days before the beginning of each fiscal year,the Executive Board shall
prepare and distribute to the Members a budget covering the estimated Common Expenses during the coming
year(including,without limitations,any contributions to be made to any capital reserve funds) The budget
shall also reflect the sources and estimated amounts of funds to cover such expenses,which may include any
surplus to be applied from prior years, any income expected from sources other than assessments levied
against Lots,and the amount to be generated through the levy of all applicable assessments against Lots.
b The general assessments shall be levied at a uniform rate against all Lots and shall be set at
a level which is reasonably expected to produce total income for the Association equal to the total budgeted
Common Expenses, including reserves In detetmmmg the level of assessments,the Executive Board, in its
discretion, may consider other sources of funds available to the Association and/or the applicable inflation
index In addition,the Executive Board shall take into account the number of Lots subject to assessment on
the first day of the fiscal year for which the budget is prepared and the number of Lots reasonably anticipated
to become subject to assessment during the fiscal year This Section 7 shall apply to the determination of all
general assessments for fiscal years beginning after the date of the recording of these Protective Covenants.
c The Executive Board shall send a summary of the final budget,together with a notice of the
amount of the general assessments to be levied pursuant to such budget,to each Owner within thirty(30)days
after the Executive Board adopts such budget With such summary,the executive Board shall provide to each
Owner a written notice of the meeting of the Members at which ratification of the budget will be considered
Such notice shall include a statement that the budget maybe ratified at such meeting without a quorum The
meeting of the Members to consider ratification of the budget shall be held not less than ten (10)nor more
than sixty (60) days after the mailing of the summary and notice referenced in this paragraph
Notwithstanding any other provisions of these Protective Covenants,the Articles, or the Bylaws,there shall
be no requirement that a quorum be present at the meeting described herein, but the proposed budget shall
automatically be deemed ratified and become effective unless disapproved at such meeting by (i)Members
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representing at least seventy-five percent of the total Class"A"votes in the Association and(it)the Class"B"
member, if such member exists In the event the proposed budget is disapproved or the Executive Board fails
for any reason to determine the budget for any year,then the budget most recently in effect shall continue in
effect until a new budget is determined
d The Executive Board may revise the budget and adjust the assessments from time to time
during the year,subject to the notice requirements and the right of Members to disapprove the revised budget
as set forth above
Section 8 Effect of Nonpayment of Assessments and Remedies of the Association Any
assessment, if not paid within thirty(30)days after the date such assessment is due, together with interest at
the maximum rate allowed by law, costs of collection, court costs, late charges, charges for reasonable
attorney's fees and other charges permitted by statute,including fees,charges and fines,shall constitute a hen
against the Lot upon which such assessments are levied upon filing of record nonce of the same in the office
of the Clerk of Superior Court of New Hanover County The claim of lien filed under this Section shall set
forth the name and address of the Association,the name of the record owner of the Lot at the time the claim
of lien is filed,a description of the Lot, and the amount of the lien claimed The Association may file a suit
to collect such delinquent assessments and charges The Association may file Notice of Lis Pendens, bring
an action at law against the Owner personally obligated to pay the same and/or bring an action to foreclose
the hen against the property in like manner as a mortgage on real estate under power of sale under Article 2A
of Chapter 45 of the North Carolina General Statutes No Owner may waive or otherwise escape liability for
the assessments provided herein by non-use of the Common Elements, the Limited Common Elements or
abandonment of his Lot or for any other reason Costs and reasonable attorney's fees shall be awarded to the
prevailing party in any action brought pursuant to this Article An action brought to enforce a lien pursuant
to this Article must be instituted within three(3)years after the docketing of the claim of lien in the Office
of the Clerk of Superior Court of New Hanover County
The Association,upon receipt of written request,shall famish to a Lot Owner or the Lot Owner's
authorized agents a statement setting forth the amount of unpaid assessments and other charges against a Lot
The statement shall be furnished within ten(10) business days after receipt of the request and is binding on
the Association,the Executive Board,and every Lot Owner The Executive Board may establish a reasonable
charge for preparing the statement required in this Section
Section 9 Subordination of the Lien to Mortea¢es The hen under this Article 6 is prior to all
liens and encumbrances on a Lot except(i) bens and encumbrances (specifically including, but not limited
to,a mortgage or deed of trust on the Lot)recorded before the docketing of the claim of hen in the office of
the Clerk of Superior Court, and (n) liens for real estate taxes and other governmental assessments and
charges against the Lot. This subsection does not affect the priority of mechanics' or materialmen's liens
Where the holder of a first mortgage or first deed of trust of record, or other purchaser of a lot obtains title
to the Lot as a result of foreclosure of a first mortgage or first deed of trust, such purchaser and its heirs,
successors, and assigns, shall not be liable for the assessments against such Lot which became due prior to
the acquisition of title to such lot by such purchaser Such unpaid assessments shall be deemed to be common
expenses collectible from the Lot Owners including such purchaser,its heirs,successors and assigns Unless
otherwise provided herein,the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding
in lieu thereof,shall extinguish the hen of such assessments as to payments which become due prior to such
sale or transfer No sale or transfer shall relieve such Lot from Lability for any assessments thereafter
becoming due or from the lien thereof
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Section 10 Exempt Prone All Properties dedicated to, and accepted by, a local public
authority and all Properties owned by a charitable or nonprofit organization exempt from taxation by the laws
of the State of North Carolina shall be exempt from the assessments created herein, except no land or
improvements devoted to dwelling use shall be exempt from said assessments.
Section 11.Surplus Fun ds Notwithstanding the provisions ofNC.GS §47F-3-114,any excess
of Association income over Common Expenses(which expenses are defined in Article 1,Section 5 and which
shall include reasonable reserves)shall be applied to reserves or other future expenses as the Executive Board
deems appropriate
ARTICLE 7
Architectural Control
Section] No structures,buildings,or improvements shall be commenced,erected,or maintained
upon the Properties, nor shall any exterior addition to or change or alteration therein be made, including
change of color, until the plans and specifications showing the nature, kind, shape, heights, materials, and
location of the same shall have been submitted to and approved in writing as to harmony of external design
and location in relation to surrounding structures and topography by DECLARANT,or by an architectural
committee composed of three(3)or more representatives appointed by the DECLARANT,provided that the
Declarant acknowledges that it has pre-approved model homes plans submitted by H&H Constructors,Inc ,
buildings and improvements shall include, but not be limited to, any dwelling, garage, detached accessory
or storage buildings, fence, wall, sidewalk, hedge, mass planting, change in grade or slope, drainage pipe,
drainage canal, ditch, swale, catch basin, swimming pool, treehouse, playhouse, sign, flag pole, exterior
illumination,monument or marker, outdoor statuary, exterior lights, security huts, storm door, well utility
facility,mailbox,patio,deck,screening for outdoor trash cans or other purposes,sprinkler system,driveway,
outdoor decorative objects, shrubbery or landscaping In the event said DECLARANT, or its designated
committee, fails to approve or disapprove such design and location within thirty (30) days after complete
plans and specifications have been received by it, and notification of receipt of plans and specifications has
been sent to the submitting Owner(s),approval will not be required and this Article will be deemed to have
been fully complied with DECLARANT shall notify Owner if complete plans and specifications have not
been received DECLARANT, subject to the provisions of Section 2 hereinafter,may assign these duties to
the Executive Board of the Association or to an architectural committee composed of three (3) or more
representatives appointed by the Executive Board.
Section 2 All duties and responsibilities conferred upon the Executive Board or the Architectural
Control Committee(the"Committee")by these Protective Covenants or the Bylaws of the Association may
be exercised and performed by the DECLARANT or its designee at its discretion,so long as DECLARANT
shall own any Lot in the Properties or any additions annexed thereto by Supplemental Declaration or
Amendment to these Protective Covenants
Section 3 In addition to its duties of review and approval of external harmony and design,the
Committee shall monitor the compliance with all use restrictions,design and architectural control provisions
and conditions and other restrictions The Committee shall report such violations as may come to its attention
to the DECLARANT or the Association for appropriate actions of enforcement
Section 4 The Committee shall be composed of a minimum of three members of the
Association Until such time as the Committee has been established, the DECLARANT shall perform the
functions as outlined above and elsewhere herein Where the term"The Declarant'or"The Committee"has
been used,this term shall be construed to mean that only one of the two entities will perform the duties and
function, and when the Committee is established, that Committee will perform the duties and functions as
14

outlined above Upon the appointment and organization of the Committee, the Committee shall adopt such
administrative procedures as will insure the submission,review and approval of any and all buildings and/or
improvements constructed During the Class B membership, DECLARANT shall be entitled to appoint all
members of the Committee.
Section 5 No construction,which term shall include within its definition clearing,excavation,
grading and other site work, shall take place except in strict compliance with this Article, and until the
approval of the Committee or DECLARANT has been obtained
Provided if a lot is divided and joined to more than one lot, then the resulting lot owners of a
portion of the divided lot from the time of acquisition will be responsible for the ongoing proportionate share
of all general or special assessments allocated to the share of the divided lot joined with the acquiring lot
Section 6 Since the establishment of standard inflexible building setback Imes in location of
homes on Lots tends to force construction of homes directly to the side of other homes with detrimental
effects on privacy,view,preservation of important trees and other vegetation,ecological and related concerns,
no specific setback Imes are established by these protective covenants In order to assure,however, that the
foregoing considerations are given maximum effect,the DECLARANT reserves the right to select the precise
site location of each house or other structure on each Lot in its sole discretion and to arrange the same in such
manner and for such reasons as the DECLARANT deems sufficient In any event,no house shall be erected
closer to the front Lot line or nearer to any side Lot line than the minimum distances established by applicable
governmental ordinances
Section? Any installation of a drainage pipe must be approved by DECLARANT or Committee
in accordance with the terms of this Article In addition,all such installations must comply with all applicable
governmental statutes,ordinances and regulations, including,but not limited to,the State of North Carolina
Department of Transportation standards
Section 8 All improvements, driveway connections, and plantings, including, but not limited
to,drainage pipes,landscape materials,irrigation systems,walls,and fences,located within the road nght-of-
way must meet North Carolina Department of Transportation("DOT')specifications and must be approved
by DECLARANT or Committee Lot Owner shall be responsible for all roadway repairs required because
of damage caused by Lot Owners for failure to comply with this paragraph, whether such damage occurs
before or after the road has been accepted and approved by the appropriate government agency as a public
road DECLARANT shall not be responsible for any such roadway repairs
Section 9 The Committee or DECLARANT shall have junsdretion over all original Construction
on any Lot and later changes or additions after initial approval thereof together with any modifications,
additions or alterations subsequently to be constructed on any Lot or made to any improvements initially
approved, including any exterior change or alteration and change of color
Section 10 The Committee or DECLARANT shall have the right to disapprove any plans,
specifications and details submitted to it in the event the same are not in accordance with any of the
provisions of these PROTECTIVE COVENANTS and any architectural guidelines which may be in effect
at the tune
Disapproval Of plans, location, specifications or details may be based upon any grounds,
including purely aesthetic considerations which the Committee or DECLARANT,in its sole and uncontrolled
discretion,shall deem sufficient
15

An Owner shall have the right to appeal disapproval of plans,location,specification and details
to the Executive Board provided said appeal must be made in writing within thirty(30)days of the owners
notification of disapproval. The decision by the Executive Board shall be final and not subject to appeal or
review
Section 11 The Committee,or its agent,or the DECLARANT shall have the right to inspect all
construction to ensure that it is performed in strict accordance with the approved plans, specifications and
details
Section 12 Nothing contained herein shall be construed to limit the right of an Owner to remodel
the interior of any residence or permitted pertinent structures, or to paint the interior of the same any color
desired
Section 13 Neither the DECLARANT nor the Committee nor the Executive Board or any
architecture agent thereof shall be responsible in any way for any defects in plans, specifications or details
submitted, revised or approved in accordance with the provisions contained herein or in the guidelines, nor
for any structural or other defect in any construction
Section 14 Owner(s) shall be responsible for compliance with all applicable governmental
statutes,ordinances and regulations including,but not limited to,land use,zoning,and building regulations
ARTICLE 8
Maintenance
Section 1. If, in the opinion of the Association or the DECLARANT, any Owner shall fail to
maintain any Lot owned by hun in a manner which is reasonably neat and orderly or shall fail to keep
improvements constructed thereon in a state of repair so as not to be unsightly,all in the sole opinion of the
Association or the DECLARANT, the Association in its discretion, by the affirmative vote of a majority of
the members of the Executive Board, or the DECLARANT, in its discretion, and following ten (10) days
written notice to Owner, may enter upon and make or cause to be made repairs to such improvements and
perform such maintenance on the Lot as the removal of trash,cutting of grass,pruning of shrubbery,weeding
and items of erosion control The Association shall have an easement for the purpose of accomplishing the
foregoing. The reasonable cost incurred by the Association in rendering all such services, plus a service
charge of fifteen percent(15%)of such cost,shall be added to and become an individual assessment to which
such Lot is subject as provided in Article 6 herein
Section 2 The Owner of each Lot shall keep the Lot mowed and edged regularly,including that
area from the front lot litre to the edge of the paved street In the event that the Owner of any Lot within the
said Subdivision breaches this restriction,the DECLARANT and Association reserve the right to enter upon
the Lot and mow the grass, clean up the Lot at property Owner's expense as provided in Section 1 above
Where Lots border on or contain ditches,drainage pipes or structures,or drainage canals or swales,the Owner
of each Lot shall mow and provide general surface maintenance in those areas to keep storm water flowing
Such areas shall include,but not be limited to,slopes down to the edge of the water,and washouts or erosions
adjoining ditch banks,swales, and drainage pipes or structures No lot owner may pipe, fill in or alter any
swale used to meet North Carolina Stormwater Management Permit requirements This obligation and right
may be enforced by the Association or any Owner as provided in Article 1 I herein Repair of, replacement
of, or clearing of obstructions from drainage pipes, excluding driveway pipes, and structures shall be the
responsibility of the Association Owners shall be responsible to keep their driveway pipes clean
16

Section 3 The Association shall be responsible to maintain the Common Elements and facilities
located upon the Common Elements, platted conservation and buffer areas, and areas with similar
descriptions, landscaped areas within road rights-of-way, the stormwater runoff and treatment systems,
excluding driveway pipes and swales adjacent to lots, stormwater ponds,sign easement areas,and fences or
other property designated to be maintained by the Association
ARTICLE 9
Restrictions on Use and Occupancy
Section I No Lot shall be used except for single-family residential purposes No commercial
use shall be permitted on any Lot. No structure shall be erected, placed or permitted to remain on any Lot
other than one(1)detached,single family residence dwelling not to exceed two and one-half stones in height
above floor or piling level and such outbuildings as are usually accessory to a single family residence
dwelling, including a private enclosed garage
Section 2 Any dwelling constructed on a Lots subject to these Protective Covenants shall
contain not less than 1000 square feet of fully enclosed and heated floor space all devoted to living purposes
(exclusive of roofed or unroofed porches, breeze ways, terraces, porches, steps, walks, garages and any
outbuildings) In computing the number of square feet allowed as provided herein,no square footage in any
part of the dwelling that is constructed over a garage will be counted, unless it is an integral part of the living
space and approved by DECLARANT In the event of hardship, the Declarant or its successor in its sole
discretion may grant a variance of up to ten percent(10%)from the minimum square footage requirement
Section 3 All Lots are subject to the State of North Carolina rules and regulations concerning
stormwater runoff as these rules and regulations are set out herein and are as amended from time to time
a) The following covenants are intended to ensure ongomg compliance with State Stormwater
Management Permit Number S W8140321 and modifications,as issued by the Division of Energy, Mineral
and Land Resources under NCAC 2H 1000
b) The maximum built-upon area of impervious surface for Lots in ADAMS LANDING shall
by`,300'square feet for all lots including future sections These allotted amounts include any built-upon
area constructed within the Lot property boundaries, and that potion of the nghtof-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, coquma and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
c) The State of North Carolina is made a beneficiary of these covenants to the extent necessary
to maintain compliance with the Stormwater Management Permit
d) These covenants are to run with the land and be binding on all persons and parties claiming
under them
e) 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
17

1) Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Energy, Mineral and Land Resources.
g) All runoff from built-upon areas on the lot must dram into the permitted system This may
be accomplished through providing roof dram gutters, which dram to the pond or street, grading the lot to
dram toward the street or directly into the pond,or grading perimeter swales and directing them into the pond
or street
h) Built upon area in excess of the permitted amount will require a permit modification
Q All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface waters,
measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank
of each side of streams and rivers and the mean high water line of tidal waters
j) Any individual or entity found to be in noncompliance with the provisions of a stormwater
management permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set
forth in G S 143,Article 21
k) If permeable pavement BUA credit is requested,the property owner must submit a request,
with supporting documentation,to the permittee and receive approval prior to construction
DECLARANT reserves the right to recalculate the maximum allowable built upon area in
accordance with the storm water runoff rules and regulations of the State of North Carolina All drainage
swales or drainage patterns used to treat stormwater runoff as required by the State of North Carolina may
not be filled in, piped or changed without the consent of the DECLARANT, its designee, the Association,
or the State of North Carolina and shall be maintained as set forth in Article 8 herein. For curb and gutter
projects, no one may pipe, fill in, or alter any lot line swale used to meet North Carolina Stormwater
Management Permit requirements The State of North Carolina is hereby made a beneficiary of these
Protective Covenants to the extent necessary to enforce its stormwater runoff regulations as the same may
be amended from time to time This paragraph cannot be changed or deleted without the consent of the State
of North Carolina
Section 4 No swimming pool on any Lot shall be placed or constructed without the approval
of the DECLARANT or Committee and shall not be located nearer than twenty(20)feet from the side or rear
lot Imes
Section 5 No Lot or Lots shall be subdivided except to enlarge an adjoining Lot, but any Lot
so enlarged cannot be improved with more than one single family dwelling An Owner of a Lot and a portion
or all of an adjoining and contiguous Lot or Lots may construct a dwelling and/or other structures permitted
hereunder upon and across the dividing ]me of such adjoining and contiguous Lots, and thereafter such
combinations of Lots or portions thereof shall be treated for all purposes under these Protective Covenants
as a single Lot
Section 6 All Lot Owners shall maintain any street swales or lot line swale which are in place
to meet North Carolina Stormwater Management Permit requirements and said lot owner is prohibited from
piping, filling in or altering said Swale without the express written consent of the Declarant,the Association
and the North Carolina Division of Water Quality Control (DENR) All Lots shall be well maintained and
no accumulation of rubbish or debits shall be permitted The Owners of all unbudt upon Lots in the
Subdivision shall clear their Lots of underbrush at least one time each year and mow their Lot as needed to
18

prevent vegetation growth above eight inches (8"). If the Owners do not clear and mow their lot(s) as
required in this paragraph,the Association shall have the authority to clear any such Lot of underbrush and
separately assess the cost of such work against each Owner Such charge shall be an individual assessment
against the Owner and his Lot(s)and may be enforced in accordance with the provisions of Article 6 herein
Section 7 Owners shall be responsible for any damage done to any streets, roadways, access
ways, Common Elements, Limited Common Elements or property of other Owners within the Subdivision
which may be caused by any Owner, his agents, employees, guests, licensees or invitees The Association
shall have the authority to assess any Owner for such damage and such charge shall be an individual
assessment against the Owner and his Lot(s)and may be enforced in accordance with the provisions ofAr ucle
6 herein and N C G S 47F-3-1 15
Section 8. The following general prohibitions and requirements shall apply and control the
improvements, maintenance and use of all Lots
a No mobile home, trailer, tent, or temporary house, temporary garage or other
temporary outbuildings or clothesline shall be placed or erected on any Lot, provided, however, that the
Committee or DECLARANT may grant permission for temporary structures for storage of materials during
construction
b Once construction of a dwelling or other improvements is started on any Lot, the
improvements must be substantially completed in accordance with the approved plans and specifications
within twelve(12)months from commencement Failure to complete construction within twelve(12)months
from commencement date may result in a fine being imposed in the mmimum amount of$500 00 per month,
which fine shall be payable to DECLARANT until all Lots in the Subdivision have been sold,at which time
the fine shall be payable to the Association The fine imposed under this Section shall be an individual
assessment enforceable in accordance with Article 6 herein
c During construction of improvements on any Lot,adequate portable sanitary toilets
must be provided for the construction crew
d Construction activity on a Lot shall be confined within the boundaries of said Lot.Each
Lot Owner shall have the obligation to collect and dispose of all rubbish and trash resulting from construction
on his Lot
C. All dwellings and permitted structures erected or placed on any Lot shall be
constructed ofmaterial of good grade,quality and appearance,and all construction shall be performed in good
workmanship manner and quality The covering for all roofs shall be shingles or materials approved by the
Committee or DECLARANT Materials and colors for the exterior of all dwellings and permitted structures
must be approved by the Committee or DECLARANT No used structures shall be relocated or placed on any
Lot and no structures shall have an exterior constructed of asbestos or asphalt siding or paper composition,
it being intended that only wood siding, manufactured lap siding, vinyl, brick or stone exteriors be
constructed on Lots subject to these Protective Covenants Modular and prefabricated homes may not be
erected or placed on any Lot,without approval of the Committee or DECLARANT
f Except structures erected by the DECLARANT,no structure erected upon any Lot
may be used as a model exhibit or model house except those erected by H&H Constructors,Inc,unless prior
written permission to do so shall have been obtained from the Committee or DECLARANT
19

g Any dwelling or improvement on any Lot that is destroyed in whole or in part by
fire or other casualty shall be either rebuilt or tom down and all debris removed and the Lot restored to a
sightly condition with reasonable promptness, provided,however, that in no event shall such debris remain
on such Lot longer than three(3)months
h Vehicle maintenance is not permitted on any lot,common area or limited common
area No stripped,partially wrecked,junk motor vehicle,or part thereof,or any motor vehicle not displaying
a current valid license plate shall be permitted to be parked or kept on any Lot
i Parking of vehicles on any street in the Subdivision shall be allowed only in
accordance with the policy determined by the Executive Board No truck nor other vehicle in excess of a one
(1)ton load capacity,boat, vessel,motorboat,camper,trailer,motor or mobile home, or similar type vehicle
or apparatus shall be parked or kept overnight or longer, on any street or on any Lot unless it is stored in an
enclosed garage and in such a manner as to not be visible to the Owners of other Lots or the users of a street
or recreation area All tools or other materials stored in vehicles for overnight parking shall be kept out of
sight No customized vehicles that are unsightly in appearance as determined by the Executive Board or the
DECLARANT shall be allowed
J No freestanding flag poles are permitted Notwithstanding any other provision
herein, the United States of America Flag and the State of North Carolina Flag are permitted provided they
are not in excess of four feet by six feet(4'x 6')and are attached to flag holders affixed to the dwelling The
United States of America Flag shall be displayed in accordance with traditional patnotic customs set forth
in 4 U S C §5-10 as amended,governing the display of the United States of America Flag
k. All trash receptacles and garbage cans shall be screened so as not to be visible by
the Owners of other Lots or the users of any street or recreation area All such screening shall be approved
by the DECLARANT or the Committee
I No fuel tanks or similar storage receptacles may be exposed to view The placement
of any such receptacles must be approved by the Committee or DECLARANT and may only be located
within the main dwelling house,within an accessory building,within a screened area,or buried underground
in The Builder, at its expense, will supply one or more mailbox kiosk stand at a
location within the subdivision which will provide a designated mailbox at the kiosk for each lot within the
subdivision and each lot owner will be provided a key to access the mailbox assigned to the lot. After
completion of the mailbox kiosk(s) by the Builder, the Adams Landing HOA, Inc , will be responsible for
maintenance of the Kiosks No individual mailbox will be erected or installed within the subdivision
n No advertising signs or billboards or other advertising structure(s)of any kind shall
be erected on any Lot or displayed to the public on any Lot subject to these restrictions except that one sign
of not more than six square feet in area may be used to advertise a completed dwelling for sale or rent No
"For Sale"signs are allowed on any vacant Lots except with approval by DECLARANT or Committee Only
the sign design approved by the Declarant or the Committee may be used or placed upon any lot to advertise
a completed dwelling for rent or sale This covenant shall not apply to signs erected by the DECLARANT
or H & H Constructors, Inc , used to identify and advertise the Subdivision as a whole, or construction
identification signs approved by the Committee or DECLARANT showing Lot numbers and name of builder,
or for a homeowner for the purposes of identifying the homeowner as the resident on said Lot Said
identification sign shall not exceed in size a total of six square feet All signs permitted by these Protective
Covenants must be approved by DECLARANT or Committee
20

Declarant, Committee or agent of either has the right to enter upon the Lot or unit and
remove any unapproved sign The fines for unapproved signs are as follows $25 00 per day for the first
violation,$50.00 per day for the second violation and subsequent violations
o No outside antennas or satellite dishes shall be erected on any Lot or structure except
in accordance with the plan adopted by the Association, and until permission for the same has been granted
by the Committee or DECLARANT in accordance with applicable governmental regulations
p All dwelling connections for all utilities, including, but not limited to, water,
electricity, gas,telephone, and television shall be run underground from the proper connecting points to the
dwelling structure in such manner as may be acceptable to the appropriate utility authority.The cost for such
underground service shall be shared by the Owner and utility company in conformity with existing utility
company policy, if any.
q No animals, livestock or poultry of any kind shall be kept or maintained on any Lot
or in any dwelling except that dogs,cats or other household pets not exceeding three per household may be
kept or maintained provided that they are not kept or maintained for commercial purposes and provided
further that they are not allowed to run free and are at all times properly leashed and personally escorted and
shall not become a nuisance or bother to other Owners No animals, livestock or poultry of any kind may be
raised, bred or kept in any Common Elements or Limited Common Elements Pets must be restrained or
confined within the Lot Owners must promptly remove any and all animal excrement from any and all
Common Elements,Limited Common Elements and Lot(s)and keep such area(s)clean and free of pet debris
All animals must be properly tagged for identification
r No fence shall be erected or hedge grown on any Lot unless approved by the
DECLARANT or Committee in accordance with Article 7 herein Fences facing or parallel to the street shall
be wood construction or other material approved by DECLARANT or Committee All fences constructed
hereunder shall be maintained in their original condition by the Lot Owner All fences shall meet any
applicable local governmental regulations.
s No immoral,improper,illegal,noxious or offensive activity shall be carried on upon
any Lot, nor shall anything be done thereof tending to cause embarrassment, discomfort, annoyance or
nuisance to the DECLARANT or any Owners There shall not he maintained any plants or animals,or device
or anything of any sort whose normal activities or existence are in any way noxious, dangerous, unsightly,
unpleasant or of a nature as may diminish or destroy the enjoyment of other property in the neighborhood by
the Owners thereof All laws,orders,rules,regulations,ordinances or requirements of any government agency
having jurisdiction thereof, relating to any parties of the property, shall be complied with, by or at the sole
expense of Owner or the Association, whichever shall have the obligation to maintain or repair such portion
of the property
t No outdoor statuary or other decorative objects may be placed on any Lot without
the written approval of the DECLARANT or the Committee
u Burning as a means of clearing brush shall not be permitted Burning may be
allowed under appropriate circumstances if approved by the DECLARANT or the Committee and the Owner
has obtained all necessary government permits
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v No yard sales or garage sales shall be permitted upon any Lot in this Subdivision
w Nothing shall be kept and no activity shall be carved on in any building or home
or on the Common Elements or Limited Common Elements which will increase the rate of insurance,
applicable to residential use, for the property or the contents thereof No Owner shall do or keep anything,
nor cause or allow anything to be done or kept,in his home or on the Common Elements or Limited Common
Elements which will result in the cancellation of insurance on any portion of the property, or the contents
thereof,or which will be in violation of any law,ordinance,or regulation No waste shall be permitted on any
portion of the Lots,Common Elements or Limited Common Elements
x No person shall undertake,cause,or allow any alteration or construction in or upon
any portion of the Common Elements or Limited Common Elements except at the direction of and with the
express written consent of the Association or DECLARANT
y The Common Elements or Limited Common Elements shall be used only for the
purposes for which they are intended and reasonably suited and which are incident to the use and occupancy
of the homes, subject to any rules or regulations that may be adopted by the Association pursuant to its
Bylaws
z All lawn mowers, bicycles,toys and other similar objects must be stored when not in
use so as not to be visible by the Owners of other Lots or the users of any street or recreation area Gas or
charcoal grills, or other similar portable cooking appliances, are not required to be stored out of sight
provided that they are placed along the footprint of the house and do not become unsightly in appearance as
determined by the Board of Directors.
as Any wells or pumps which are permitted under the terms of Article 13,Section 1 must
be located so as not to be visible from any street or recreation area or Common Elements and must be
screened from view. The design and location of the well, pump, and screening facilities shall be approved
by the DECLARANT or Committee and the well, pump and screening facilities must be kept free from
discoloration, including rust
bb DECLARANT does not grant permission or recommend that any material be buried
on any Lot in ADAMS LANDING, including, but not limited to any easement area, Common Elements,
Limited Common Elements,or area where any structure shall be constructed If any material is buried on any
Lot, it is recommended that all subsequent purchasers he advised of the location and type of material(s)
deposited. No hazardous, illegal, or governmental regulated matenal(s) shall be deposited on any Lot in
ADAMS LANDING
cc Units may not be rented or leased for periods less than six consecutive months A
maximum of two rental or lease terms per year are allowed per residence. No more than three unrelated
people may rent, lease or occupy a residence.
Section 9. This Article and these PROTECTIVE COVENANTS shall not apply to any sales
office which may be maintained by the DECLARANT within the ADAMS LANDING SUBDIVISION
22

ARTICLE 10
Annexation of Additional Properties
Section 1 Except as provided in Sections 2 and 3,below,annexation of additional property shall
require the assent of two-thirds (2/3) of the Class A Members, if any, at a meeting duly called for this
purpose,written notice of which shall be sent to all Members not less than ten(10)days nor more than sixty
(60)days in advance of the meeting
Section 2 If the DECLARANT,its successors or assigns,shall develop all or any portion of any
land which is located within a one(1) mile radius of that property described in Map Book 6o at Page
.10 , inclusive of the New Hanover County Registry,such additional tract or tracts may be annexed to said
Properties without the assent of the Class A Members,provided however,the development of the additional
tract or tracts described in this section shall be in accordance with the same general scheme of development
as ADAMS LANDING.
Section 3 The rights of DECLARANT reserved in Article 3 shall expire automatically on
December 31, 2022, if not exercised prior thereto
ARTICLE I
Compliance with these Protective Covenants, the Articles
and the Bylaws of the Association
In the case of failure of an Owner or occupant to comply with the terms and provisions contained
in these Protective Covenants, the Articles, the Bylaws or Rules and Regulations of the Association, the
following relief shall be available
Sectionl The Association,the DECLARANT and any aggrieved Owner within the Subdivision
on behalf of the Association or any Owner on behalf of all the Owners within the Subdivision shall have the
right to enforce by any proceeding at law or in equity,all of the conditions,covenants and restrictions of these
Protective Covenants and the Articles, Bylaws and rules and regulations of the Association and any and all
laws hereinafter imposed pursuant to the terms of these Protective Covenants. The prevailing party shall be
entitled to collect all costs thereof, including reasonable attorney's fees as determined by the Court
Section 2 The Association shall have the right to remedy the violation and assess the costs of
remedying same against the offending Owner as an individual assessment as provided in Article 6 herein
Section 3.For any violation by an Owner,including, but not lunited to,the nonpayment of any
regular, special or individual assessment, the Association shall have the right to suspend the offending
Owner's voting rights and the use by such Owner, his agents, lessees, employees, licensees and invitees of
the Common Elements or Limited Common Elements in the Subdivision for any period during which a
violation continues except that such penalties may not be for more than sixty(60)days for violation of any
of the Association's published rules and regulations Within fifteen(15)days of the date written notification
is sent by the Association to Owner informing Owner of the suspension of his rights in accordance with this
Section, Owner may request, in writing, an appeal to the Adjudicatory Panel if one is established or the
Executive Board in the absence of any Adjudicatory Panel The Executive Board shall appoint the
Adjudicatory Panel which shall have three to five members in the discretion of the Executive Board provided
23

the Adjudicatory Board members shall not include any members who are currently serving as officers of the
Association or members of the Executive Board The Adjudicatory Panel shall set a date for the hearing,
which hearing may be conducted over the telephone at the discretion of the Adjudicatory Panel , and the
Owner shall be given an opportunity to be heard and to present evidence at such hearing The Adjudicatory
Panel shall notify Owner of its decision within thirty(30)days of the hearing The suspension shall remain
in effect during the pendency of the appeals process The lot owner may appeal the decision of the
Adjudicatory Panel to the full Executive Board by delivering written notice of appeal to the Executive Board
within fifteen (15)days after the decision The Executive Board's decision shall be final and the Executive
Board may affirm, vacate or modify the prior decision of the Adjudicatory Board and shall notify the lot
owner within thirty(30)days of the hearings
Section 4 The Association may establish a schedule of fines for the violation of these Protective
Covenants, the Articles, Bylaws and rules and regulations Within fifteen (15) days of the date written
notification is sent by the Association to Owner informing Owner of the imposition of the fine in accordance
with the schedule of fines established by the Association in accordance with this Section,Owner may request,
in writing, an appeal to the Executive Board The Executive Board shall set a date for the hearing, which
hearing may be conducted over the telephone at the discretion of the Executive Board,and the Owner shall
be given an opportunity to be heard and to present evidence at such hearing The Executive Board shall notify
Owner of its decision within thirty(30)days of the hearing The fine shall continue to accrue and remain in
full force and effect during the pendency of the appeals process If an Owner does not pay the fine within 15
days of the imposition of the fine,the fine shall be an individual assessment against the property and may be
enforced by the Association in accordance with Article 5 and Article 6 herein If the Owner prevails at the
appeals hearing and the fine is removed,the Association shall remove and cancel any lien of record filed in
accordance with this Section
Section 5 All rights,remedies and procedures mandated,required or permitted by Chapter 47F
of the North Carolina General Statutes unless these Protective Covenants provide otherwise
Section 6 The remedies provided by this Article are cumulative,and are in addition to any other
remedies provided by law
Section 7 The failure of the Association or any person or Owner to enforce any restriction
contained in these Protective Covenants, the Articles, the Bylaws or the rules and regulations shall not be
deemed a waiver of the right to do so thereafter
ARTICLE 12
Duration. Amendment&Termination
Section I Lots.Persons and Entities Subiect to the Protective Covenants All present and future
Owners,tenants, and occupants of Lots and their guests or invitees, licensees,employees or agents, shall be
subject to,and shall comply with the covenants,conditions,restrictions and affirmative obligations set forth
in these Protective Covenants, and as the Protective Covenants may be amended from time to time The
Acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any Lot
shall constitute an agreement that the provisions of these Protective Covenants are accepted and ratified by
such Owner, tenant or occupant and that they will fully comply with the terms and conditions of said
Protective Covenants The covenants,conditions,restrictions,and affirmative obligations of these Protective
Covenants shall inure to the benefit of and be enforceable by the Association,or the Owner of any Lot,their
respective legal representatives, heirs, successors and assigns, for a term of twenty(20)years from the date
24

these Protective Covenants are recorded in the New Hanover County Registry, after which date these
Protective Covenants shall be extended for successive periods of ten(10)years,unless eighty percent(801/6)
of the then Owners agree to revoke the same, and the covenants, restrictions, conditions and affirmative
obligations of these Protective Covenants shall run with and bind the land and shall bind any person having
at any time any interest or estate in any Lot as though such provision were made a part of each and every deed
o conveyance or lease
Section 2 Amendment At any time prior to December 31,2022 or until all Lots are sold,these
Protective Covenants may be amended by DECLARANT in its discretion Retention of this right by the
DECLARANT is not intended to affect the general or common scheme of development for the property
herein described but to correct and/or modify situations or circumstances which may arise during the course
of development These Protective Covenants may also be amended by vote of not less than sixty-seven
percent(67%)of the Owners and an instrument must be recorded at the New Hanover County Registry for
such an amendment to be effective In no event may the Protective Covenants be amended so as to alter any
obligations with respect to Conservation Areas as provided in Article 9, Section 8(w)any obligation to pay
ad valorem taxes or assessments for public improvements, as herein provided, or affect any lien for the
payment thereof established herein,or so as to deprive DECLARANT, its designee or successors and assigns
of any rights herein granted or reserved unto DECLARANT In addition,the DECLARANT may amend these
Protective Covenants to annex additional property and make it subject to the terms, conditions, restrictions,
obligations and covenants of these Protective Covenants as provided in Article 3 and Article 10 herein
ARTICLE 13
General Provisions
Section 1 Municipal Water, Sewer Service and Utilities Municipal sewer service shall be
provided by Cape Fear Public Utility Authority,LLC,which is a licensed utility company or other municipal
agency or department.Water service for the Subdivision will he provided by a county agency or department,
or by licensed utility company. Private wells are generally prohibited and shall be approved by the
DECLARANT or Executive Board only for the most compelling reasons excluding irrigation DECLARANT
shall not be responsible for loss of service or failure of any utility company to provide service to any Lot
Section 2 Amenities and Facilities Every park, recreation area, recreation facility, dedicated
access and other amenities appurtenant to the Subdivision, whether or not shown and delineated on any
recorded plat of the Subdivision,shall be considered private and for the sole and exclusive use of the Owners
of Lots within the Subdivision Neither DECLARANTS execution nor the recording of any plat nor any other
act of DECLARANT with respect to such area is, or is intended to be,or shall be construed as a dedication
to the public of any such areas, facilities, or amenities
Section 3 Waiver. No provision contained in these Protective Covenants, the Articles of
Incorporation or the Bylaws of the Association shall be deemed to have been waived, abandoned, or
abrogated by reason of failure to enforce them on the part of any person as to the same or similar future
violations, no matter how often the failure to enforce is repeated
Section 4 Variances The Executive Board or DECLARANT in its discretion may allow
reasonable variances and adjustments of these Protective Covenants in order to alleviate practical difficulties
and hardship in their enforcement and operation Any such variances shall not violate the spirit or the intent
of this document to create a Subdivision of Lots owned in fee by various persons with each such Owner
having an easement upon areas owned by the Association
25

i
Section 5 Conflict In the event of any irreconcilable conflict between these Protective
Covenants and the Bylaws of the Association, the provisions of these Protective Covenants shall control
Section 6 Severabihty Invalidation of any one of these covenants or restrictions by judgment
or any court,agency or legislative order shall in no way affect any other provision,covenants, conditions or
restrictions contained in these Protective Covenants
Section 7 Captions The captions preceding the various Articles of these Protective Covenants
are for the convenience of reference only, and shall not be used as an aid in interpretation or construction of
these Protective Covenants As used herein,the singular includes the plural and where there is more than one
Owner of a Lot,said Owners arejomtly and severally liable for the obligations herein imposed Throughout
these Protective Covenants,references to the masculine shall be deemed to include the feminine,the feminine
to include the masculine and the neuter to include the masculine and feminine
Section S. Assignability of Rights and Liabilities DECLARANT shall have the right to sell,
lease, transfer, assign, license and in any manner alienate or dispose of any rights, interests and liabilities
retained, accruing and reserved to it by these Protective Covenants Following any such disposition,
DECLARANT in no way shall be liable or responsible to any parry with regard to any such right, interest,
or liability or any claim or claims arising out of same in any manner
Section 9 Liberal Construction The provisions of these Protective Covenants shall be construed
liberally to effectuate its purpose of creating a Subdivision of fee simple ownership of Lots and buildings
governed and controlled by rules,regulations,restrictions,covenants,conditions,reservations and easements
administered by an Owners' Association with each Owner entitled to and burdened with the rights and
easements equivalent to those of other Owners
IN WITNESS WHEREOF,the DECLARANT,has caused this instrument to be executed by its
proper corporate officers,all as of the day and year first above written
CBR WILMINGTONN, LLLLC�,>
By.
JEli es C Walker, Member/Manage�r
26

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, Lvnn R. Ward a Notary Public in and for said County and State, do hereby
certify that JAMES C WALKER personally came before me this day and acknowledged that he is Manager
of CBR WILMINGTON,LLC,a North Carolina limited liability company which is the company described
in and which executed the foregoing instrument, [CHECK ONE] M (i) I have personal knowledge of the
identity of the principal; or ❑ (11)1 have seen satisfactory evidence of the principal's identity by a current
state or federal identification,with the principal's photograph, in the form of a
Witness my hand and official seal, this the 11 th day of December, 2014
N a Pubhc
My Commission Expires 5/18/2018
M�Ay,
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27

O�NTY.
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TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
1111t1ff1tf11ff1f1111Mf Mfi\f ltYiiff Yflff Yfti YYfffii YRf11R1ffYfYtt11f 1f t11ff111tYffYf\1fYt1f1f111f\f\Y\f\�lttf t\\If 1f\f♦
Filed For Registration- 12/1112014 09:40:32 AM
Book* RE 5856 Page. 1713-1740
Document No.: 2014033195
28 PGS $74.00
Recorder. JOHNSON, CAROLYN
State of North Carolina,County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
* 2014033195 *
2014033195