SW8190102_Historical File_20240116

ROY COOPER
Governor
ELIZABETH S.B1SER
Seaz dal y _
WILLIAM E. TOBY VINSON, Jr. NORTH CAROLINA
Interim Director Environmental Quality
January 16,2024
Hoosier Daddy,LLC
Attn: Mr. Jack Carlisle,Member
3722 Shipyard Blvd, Suite G
Wilmington,NC 28403
AND
Preserve at Fisher Landing HOA,Inc.
Attn:Ms.Lisa Beaman,Director
1628 Doctor's Circle
Wilmington,NC 28401
Subject: PROJECT RETURN
Stormwater Management Project No. SW8 190102
West Eleventh Street Multi Family
Brunswick County
Dear Mr.Carlisle&Ms.Beaman:
The Wilmington Regional Office received and accepted a Post-Construction Stormwater Management Transfer
Permit Application for the subject project on October 2,2024, and requested additional information on December
14.2024, A review of the file and delivery logs indicates that;as of this date,the information requested on
December 14,2024,has not been received in this Office within the stipulated timeframe.
Per the requirements of Title 15A NCAC 02H.1045(4)(a)(ii)of the Stormwater Management Rules,this Office is
hereby returning the subject application as incomplete. The$505 00 application fee submitted with the subject
application package has been forfeited and a new fee will need to be provided if you choose to resubmit this
application in the future. Please note that the original signed application has been kept on file.
If you wish to pursue transferring this project,you must reapply to the Division.Your application package must
contain the applicable submittal requirements,which may include a completed and signed application form;
signed O&M agreement;application fee,and any supporting documentation necessary to address the items
identified in the latest request for additional information.
Please note that this does not preclude you from obtaining and complying with any and all other permits or
approvals that are required for this development to take place,as required by any statutes,rules,regulations,or
ordinances,which are imposed by any other Local, State or Federal government agency having jurisdiction.
Please note that Permit Number SW8 190102,issued on October 6,2020,remains in full force and effect until
modified,renewed or transferred.Please be aware that the construction of any changes to the originally approved
and permitted plans prior to the receipt of a modified permit is a violation of NCGS 143-215.1 and is subject to
enforcement action pursuant to NCGS 143-215.6A.
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
NORTH.C5 O1JNA
Iftwinirotatinewm.del aw 910,796.7215

State Stormwater Permit No. SW8 190102
Page 2 of 2
If you have any questions concerning this matter,please contact Kelly Johnson at(910)796-7215 or via e-mail at
[e-mail]
Sincerely,
j^a i7 tip ,
Ctii.L
William E. Toby Vinson,Jr.,PE,CPM,Interim Director
Division of Energy,Mineral and Land Resources
DES/kpj: \\\Stormwater\Permits&Projects\2019\190102 HD 12024 01 return_project 190102
cc: Ms.Lisa Beaman,Manager,Hoosier Daddy,LLC
I833 Avalon Avenue,Wilmington,NC 28409-4221
Mr.Carlton R.Norris,CEPCO
1628 Doctor's Circle,Wilmington,NC 28401
Mr.Michael House.PE,Cape Fear Engineering
151 Poole Road,Suite 100,Belville NC 28451
Brunswick County Engineering
Wilmington Regional Office
E CV§ 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
NOFMCAF060 910.796.7215

Burd, Tina J
From: Burd,Tina J
Sent: Friday, October 6, 2023 12:56 PM
To: [e-mail]
Subject FW: SW8 190102 - Fisher Landing Villas
I apologize for not including you on the original email.
From: Burd,Tina J
Sent: Friday,October 6,2023 12:40 PM
To:[e-mail]; [e-mail]
Cc:Johnson, Kelly<[e-mail]>
Subject:SW8 190102- Fisher Landing Villas
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section)accepted
the Stormwater Transfer Permit Application and$505.00 fee for the subject project on October 2, 2023. The project has
been assigned to Kelly Johnson and you will be notified if additional information is needed.
If you have any questions about the project or status of the review, please contact Kelly Johnson (cc'd).
Note: Effective October 3rd 2023,permit fees have increased as a result of Session Law 2023-134. A full list of the fee
adjustments are available on the following DEQ website: Permit Fees 2023 Updates I NC DEQ The website and forms
will be updated to reflect these new fees.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance &Customer Service
Phone [phone]
New email:[e-mail]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to from this acidness is subject to si e
North Carolina Public � coi�is Law and may be disclosed to third parties.
Many employees are working remotely or are on staggered shifts. Please check with the appropriate.staff before v isiting our
offices,as we may be able to handle your requests by phone or email.
1

a 1 -r Applic n Co pletene- Review Checklist-Short Version
Permit#: 0.1%�� ���j� Date Delivered to WIRO: �� ��
Project Name: / � l / �1/� BIMS Received/Accepted Date: t_ ��`/
Project County/Location: `' A t * ra Date Given to Admin: `b oZa
BIMS Acknowledged Date': /0 /Q a 3
*Permit Expiration Date* "'~p -- *If w/in 6 me,STOP needs renewal first. Exception:only new permitter is
submittin .Then transfer is logged in first
Proposed Permittee Signed Application? Y eV If N,it wi b evaluated under GS 143-214.7(c2),which requires:
ommon Area Deed in HOA's Name
50%Sold List
Current Permittee Signed Application? Y N If N,it will be evaluated under GS 143-214.7(c5)
Proposed Permittee Type&Documents Needed:
'Property Owner(s) Purchaser ®Lessee �/HOA ®Developer
®Viable? Viable? Viable? -Viable? DViahle?
Deed Purchase Agmt Lease r Election Minutes
I.
EINot Subdivided:Deed -� `�Deed Restrictions Recorded
�Subdivision: Common Area Deed ~—
_ _.____...__--.----_--.._-__—..� ��� :UA/Lot Summary
0&M (If HOA Signed Application) j
Pap ,it.
• ork 7 ` e,L.
pplication
PM$505 Fee(within 6mo) Check#(s): A91110red Restrictions,if subdwded: p
` PE Certification(if built or partially built) -, !' /-)L 0 /
II
Project Narrative �:/'1'v /
A rojil 1 i
asements,Recorded(2017 Rules) :II i,,
DO&M on File(unless new one from HOA) ' .r
Electronic Copies . , /
a • e 41011 '1/4
.- --: air it
NOTES:
'Enter BIMS Acknowledged Date on this Sheet (�_0
EMAILED ENGINEER DATE: E,
REVIEWER NAME: /1.�( �!/
L
G:\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_2021 10 05
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DEMLR USE ONLY
Date lieceird Fee Paid Permit Number
iOP- I05 1 c5v5= .S'ct.JB' /?O/oa
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: SW8 190102
2. Project name: West Eleventh Street Multifamily
Is this an updated project name from the current permit? ❑ Yes ® No
3. Reason for the permit transfer request:
Lots have been sold by the Developer and an HOA has been established for the community
L
OCT 0 2 20231111
BY:
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)
❑ 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;
® 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
when all of the following items can be truthfully checked:
❑ a. The proposed permittee is either(select one of the following):
El The successor-owner who holds title to the property on which the permitted activity is
occurring or will occur;
❑ The successor-owner who is the sole claimant of the right to engage in the permitted
activity.
❑ 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):
❑ c. The proposed permittee agrees to the following requirements (all must be selected):
0 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.
0 The successor-owner shall comply with all terms and conditions of the permit once the
permit has been transferred.
• OCT 0 2 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.:
Y 1. A processing fee of five hundred and five dollars($505.00) per G.S. 143-215.3D(e)(2).
Y 2. Two hard copies (with original signatures)and one electronic copy of this completed form and the
required items.
Y 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.
N/A 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.
Y 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.
Y 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.
Y 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.
Y 8. If transferring under G.S. 143-214.7(c2) (i.e., Part B, 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.
N/A 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, 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.
N/A 10. A copy of the lease agreement if the proposed permittee is the lessee.
N/A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
N/A 12. A copy of the development agreement if the proposed permittee is the developer.
OCT 022023
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: Hoosier Daddy, LLC
2. Signing Official's Name: Lisa Beaman
3. Signing Official's Title: Managing Member
4. Mailing Address: 3722 Shipyard Blvd. Suite G
City: Wilmington State: NC ZIP : 28403
5. Street Address: 8620 River Rd.
City: Wilmington State: NC ZIP : 28412
6. Phone:(,94-9)624.856'4 ^p.sa --9 I(,o "5-D3D II.- ij E85lisaa rI.com
!% qt[
I, Lisa Beaman ,the current permitted; 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;
Z 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 no r- appr. -d by t. � MLR unless and until the facility is in compliance with the permit.
Signature: r-..../..t. !i . Date: �'20 2J
•
I,_ �tiel€i db. i' 2 .&fJ ` a Notary Public for the State of
rill 6 i , County of /VQLU Q,Jr)p �.,�I/ , do hereby certify
that I5a. (O Mail ,, 1 h personally appeared before me
this the �� !� _day of &flea ,20 a�J , and acknowledge the due
execution of the forgoing '• is-, fitness m hand and official seal,
TEND 0 milieu.
palmy eueuC
Nay(Notary Seal) Ow*
M► bp. Y& OCT 0 2 2023
Notary Signature: ��i '/(/� ��.
My commission expires I) p t c h'
octal)
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.)
® 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 (check one of the following and provide the name):
❑ Corporation, LLC, Partnership, Municipality name:
® HOA/POA/UOA name: Fisher Landing Villas POA, Inc.
LI Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email.
a. Signing Official's Name: Lisa Beaman
b. Signing Official's Title: Director
c. Mailing Address: 8260 River Road
City: Wilmington State: NC ZIP : 28412
d. Street Address: Same as Mailing
City: Wilmington State: ZIP :
e. Phone: [phone] Email: [e-mail]
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 Services, LLC
b. Contact Name: Carlton R Norris Title: Registered Agent
c. Mailing Address: 1628 Doctors Circle
d. City: Wilmington State: NC ZIP: 28401
e. Phone: [phone] Email: [e-mail]
"c# OCT 0 2 2023
II
BY:
Stormwater Permit Transfer Application Form Page 5 of 7 April 27,2018

F. PROPOSED PERMITTEE CERTIFICATION
I, , 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):
❑ 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;
❑ 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 stating 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.
Signature: Date:
I, , 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
•
OCT 0 2 2023
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 entorcement action as set forth in NC General Statute
(NCGS) 143,Article 21.
Signature of the property owner Date:
I, , 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 OCT 0 2
2023
BY:
Stormwater Permit Transfer Application Form Page 7 of 7 April 27,2018

CAPE FEAR .: _. .
ENGINEERING E
151 Poole Rd.,Sute 100;Belville,NC,28451 OC I 1 23
TEL[phone];FAX[phone]
wwwcaporearongineefing.comTransmittal
To NCDEQ Date: October 2, 2023
127 Cardinal Drive Extension File: 440-021 "36"
Wilmington, NC 28405 Subject: West 11th Street MultiFamily
Southport, NC SW8 190102
Attn: Ms. Christine Hall Stormwater Permit Transfer
❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review/Action/Approval
Quantity Drawing No. Description
1 Original $505 Permit Transfer Processing Fee
2 Orig. Stormwater Permit Transfer Application Form
1 Copy Corporation Documentation
1 Copy Chart of Parcel Ownership and Conveyance
1 Copy Common Area Deeds
1 Copy Engineering Certifications
1 Copy Recorded Deed Restrictions ���►'
1 Copy Completed Plot Plans OCT 0 2 •
2023
By:
Cape Fear Engineering, Inc
CC: File
File: 440-021 "36" Signed: / ---
Michael House, P.E.
Received By:
Date:
P:1440-00 H&H Homes1440.011 Southport W.MF Eng1ADMINISTORMINCDEQ Permit\2023-10-PERMIT TRANSFER12 0 23-1 0-TRANS-NCDEQ.doc

(0_0)-UVr
Johnson, Kelly
From: Johnson, Kelly
Sent: Tuesday,January 16, 2024 2:55 PM
To: Lisa Beaman;Smith,Ashley M; Michelle Carlisle;JACK CARLISLE; [e-mail]
Cc: Michael House; Randy Norris;[e-mail]
Subject: RE: [External] Re:West Eleventh Street Multi Family-State Stormwater(SW8 190102)
All,
This project was also not submitted by the deadline. It will unfortunately be returned.
Kelly
Kell j0(1wS0IA,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
[e-mail]**New Email Address**
Effective October 3rd 2023,permit fees have increased as a result of recent legislation. For more information on
the new fees,please refer to Section 12.14(a)of House Bill 259. The website and forms are in the process of
being updated to reflect these new fees.
From:Johnson, Kelly
Sent:Tuesday,January 16,2024 10:05 AM
To: Lisa Beaman<[e-mail]>;Smith,Ashley M <[e-mail]>; Michelle Carlisle
<[e-mail]>;JACK CARLISLE<[e-mail]>; [e-mail]
Cc: Michael House<[e-mail]>; Randy Norris<[e-mail]>;
[e-mail]
Subject: RE: [External] Re:West Eleventh Street Single Family-State Stormwater(SW8 190511)
Thanks Lisa. Will this also be the case for Fisher Landing(formerly West Eleventh Street Multi-family) (SW8 190102)?
Kelly
KeLLi,j ohvk,SoIA,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
1

o-
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
[e-mail]**New Email Address**
Effective October 3rd 2023,permit fees have increased as a result of recent legislation. For more information on
the new fees,please refer to Section 12.14(a)of House Bill 259. The website and forms are in the process of
being updated to reflect these new fees.
From: Lisa Beaman<[e-mail]>
Sent:Tuesday,January 16, 2024 8:49 AM
To:Smith,Ashley M <[e-mail]>; Michelle Carlisle<[e-mail]>;JACK CARLISLE
<[e-mail]>; [e-mail]
Cc:Johnson, Kelly<kellv.p.iohnson(a deq.nc.gov>; Michael House<michael.house(a1capefearengineering.com>; Randy
Norris<[e-mail]>; [e-mail]
Subject: [External] Re:West Eleventh Street Single Family-State Stormwater(SW8 190511)
CAUTION: External email.Do neat Oct links or open attas:hments unless verified.Report surpicioUs ear+ with thi Report Message
button located on your Outlp rr%menu bar on the Home tab.
Kelly,
That you for letting us know nothing was sent in. I am no longer
working for the "family" business as Jack said he can handle
everything along with his personal assistant Chris Stafford. I
notified Chris and Jack in Dec about this and confirmed with Chris
this morning that her and Jack did nothing about the items that
needed to be returned to your office in order to transfer the storm
water permit to the POA. So Jack will need to reapply to transfer
the permit. Thank you for your help in this matter.
Thank you,
Lisa Beaman
Cell: 252-916-5030
1833 Avalon Avenue
Wilmington, NC 28409
e851isaPgmail.com
E85 Transport LLC
Hoosier Daddy LLC
ChanLu Investments LLC
KG Plaza LLC
2

On Wed,Jan 10, 2024 at 4:29 PM Smith,Ashley M <[e-mail]>wrote:
All,
The information previously requested has not been received. This email is intended to remind you to provide the
requested information by January 13, 2024, in accordance with 15A NCAC 02H. 1042(3)(a)(i).
As noted in the letter,if all of the requested information cannot be provided by this due date,the application will need
to be returned in accordance with 15A NCAC 02H. 1042(3)(a)(ii)to allow for any additional time needed.
Thank you in advance for your attention.
Note: Effective October 3rd 2023,permit fees have increased as a result of Session Law 2023-134. A full list of the fee
adjustments are avaialble on the following DEQ website: Permit Fees 2023 Updates I NC DEQ The website and forms
will be updated to reflect these new fees.
Ashley Smith
Storm water Permitting Assistant
Division of Energy, Mineral,and Land Resources
North Carolina Department of Environmental Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: [phone] I Direct: [phone]
[e-mail] **please note change in email address**
�v
NCB TTH CAIOUNA �
Department of Emr®onmen Ouallt r"
Email cocresrondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
3

Ii
From:Johnson, Kelly<[e-mail]>
Sent:Thursday, December 14,2023 10:31 AM
To: [e-mail]
Cc:Smith,Ashley M <[e-mail]>; Michael House<[e-mail]>; Randy
I Norris<[e-mail]>; [e-mail]
Subject:West Eleventh Street Single Family-State Stormwater(SW8 190511)
All,
Attached is a pdf of the first request for additional information for the subject project. Please pay special attention to
the due date in the letter,which is January 13, 2024 and in accordance with 15A NCAC 02H. 1045(4)(a)(i).As noted in
the letter, if all of the requested information cannot be provided by this due date,the application will need to be
returned in accordance with 15A NCAC 02H. 1045(4)(a)(ii)to allow for any additional time needed.
Please let me know if you have any questions or concerns.
Kelly
K.eLLtJ o li vLso vV
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
[e-mail]**New Email Address**
4

Effective October 3`a 2023,permit fees have increased as a result of recent legislation. For more information on
the new fees,please refer to Section 12.14(a)of House Bill 259. The website and forms are in the process of
being updated to reflect these new fees.
Email cn5re4ar denc;e to and from tt:s d.ai,rss rMi ub0ct to the North Carolina ota;ic Reccrc:s Law er+d may be disclosed to third pysiies by:try authczized
state Oit'iciai.
5

IOY COOPER ,
Governor
EuzABETH S.RISER
Secretary % gay. l:
WILLIAM E. TOBY VINSON, Jr. Nfa2TH CAROLINA
.filterim Director y
December 14,2023
Via email only: E85lisa(ii2mail.com
Hoosier Daddy,LLC,current permittee
Attn:Ms.Lisa Beaman,Manager
3722 Shipyard Blvd,Suite G
Wilmington.NC 28403
and
Pia email only: E85lisa(a)imail com
Fisher Landing Villas POA.Inc.,proposed permittee
Attn:President
1628 Doctors Circle
Wilmington,NC 28401
Subject: Request for Additional Information/Notice of Inspection
State Stormwater Management Permit No.SW8 190102
West Eleventh Street Multifamily
Brunswick County
Dear Ms. Beaman.
The Wilmington Regional Office of the Division of Energy,Mineral and Land Resources(DEMLR)received and
accepted a signed Permit Transfer Application Form for the subject project on October 2,2023. The current and
proposed permittees have requested to transfer the permit in accordance with 15A NCAC 02H..1045(1)(a).A
preliminary in-depth review of the documentation submitted with the transfer request determined that the
application is incomplete,and that additional information is needed.
Since the transfer was submitted under NCAC 02H.1045(1Xa)and the proposed permittee did not select the
option in Section F of the application form where they agree to be the entity responsible for addressing any
compliance issues,the project must found be in compliance with the permit prior to approving the transfer. To
continue the review and processing of this transfer request,please provide the following documentation in a
single,hard copy submittal package to complete the application and demonstrate compliance with the permit:
1. Proposed Permittee [15A NCAC 02H.1040(1)(a)]: In the case of a limited liability corporation(LLC),the
application must be signed by a manager or company official as defined in GS 57D. The most recent
filing with the NC Secretary of State is from 2021 where Lisa Beaman is listed as a member of the Board
of Directors and the mailing address for the proposed permittee is as listed at the top of this letter,which
differs from the permit application.
a. Please submit a filing to the NC Secretary of State documenting the current mailing address for
the proposed permittee. Without their signature and current mailing address it is unclear how the
permit can be issued to that party.
b. Please submit documentation that Lisa Beaman is the current President of the HOA.
4
North Carolina Departcwrn of Environmental(Wally yr ! Mitten of Blergy,.ktineral and Land Resources
imilF49
Wilmington Regional Office 1127 cardinal Drive Extenvion I Wt!imn toa.North Carona 284O5
1_" ra - . 410•7gb.7215

State Stormwater Permit No. SW8 190102
Page 2 of 2
Notice of Inspection
On October 19,2023,the Wilmington Regional Office of the Division of Energy,Mineral and Land Resources
(DEMLR)inspected the subject project to determine the status of compliance with this permit,most recently
issued on June 9,2020. DEMLR file review and site inspection revealed that the site is not in compliance with
the terms and conditions of this permit. A copy of the completed form entitled"Compliance Inspection Report"
summarizing the findings of the recent inspection is attached to this letter. Please either address the following
items to demonstrate compliance with the permit or submit a Schedule of Compliance that provides a
timeline in which the following compliance issues will be resolved. In addition,if the proposed permittee would
like to accept responsibility for resolving these items,please submit a new Section F of the application with that
option selected.
2. Certification[Permit Condition 7 and 15A NCAC 02H.1042(4)(a)effective January 1,2017]: The As-
Built Designer's Certification for the Wet Detention Pond Project has been submitted. Please submit the
As-Built Permittee Certification and the As-Built Designer's Certification General MDC.
3. Recorded O&M Agreement[Permit Condition 4(b)and 15A NCAC 02H.1050(11)]: Please provide a
copy of the recorded operation and maintenance agreement.
4. Plat Referencing the O&M[Permit Condition 4(c), 15A NCAC 02H.1042(4)(c)and 15.A NC.AC
0211-1050(11)]. Please provide a copy of the recorded plat or other recorded documentation that supports
the site layout,the number of lots,and the recorded drainage easements as shown on the approved plans
as well as referencing the recorded operation and maintenance agreement.
5. Inspections There is a breach in the forebay berm that needs to be repaired.
All of the requested information listed above should be received in this Office by January 13,2024,in
accordance with 15.A NCAC 0211_1045(4)(a)(i).Please note that only two letters requesting additional
information is allowed in the State Stormwater Program, this being the fiist. If the required information is not
satisfactorily provided by this date,the project will be returned in accordance with 15A NCAC
02H.1045(4)(a)(ii) If the project is returned and you wish to re-submit later,you will need to resubmit all
required items at that time,including the application fee.
Please note that if,upon review of the submitted information or upon a deficient compliance inspection of the
project,it is determined that a major modification to the permit is required to resolve the compliance issues,the
transfer application will be returned as incomplete. Upon the issuance of the modified permit,and the successful
completion of any work required by the modified permit and/or the restoration of the site to design condition,the
applicant will need to submit an updated transfer application and a new fee to the Division to start the transfer
process over again.
Please remember that the permittee is responsible for complying with the terms and conditions of the permit and
the approved plans and specifications until the Division approves the transfer request.
Please reference the State assigned permit number on all correspondence. If you have any questions concerning
this matter,please feel free to call me at(910)796-7215 or email me at [e-mail].
Sincerely,
Poirostoft
Kelly Johnson
Environmental Engineer
Enclosure: Compliance Inspection Report
DES/kpjy G:\\\Stormwater\Permits&Projects\2019\190102 HD\2023 12 addinfo CEI_deficient 190102
cc Mr.Michael House,PE,Cape Fear Engineering;via email Michael hause()capefearengineering.com
Mr. Carlton R.Norris,CEPCO;via email.• rnorris@cepconc corn
Ashley Smith,Wilmington Regional Office Permitting Assistant; via email
Wilmington Regional Office Stormwater Permit File
Carolina DepartmentofEnvronmentaiQuahtY I Dtison�f Energ,Mineral and Land Resources
.. iorth
Wilmington Regional Office t27 Cardlrual Drive Extension I Wil n#ngt n,North Carolina 28405
oweNiird 910.796.7215

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, December 14, 2023 3:01 PM
To: [e-mail]
Cc: Smith,Ashley M; Michael House; Randy Norris
Subject: West Eleventh Street Multi Family- State Stormwater(SW8 190102)
Attachments: 2023 10 CEI_BIMS 190102.pdfi 2023 12 addinfo 190102.pdf
All,
Attached is a pdf of the first request for additional information for the subject project. Please pay special attention to
the due date in the letter,which is January 13,2024 and in accordance with 15A NCAC 02H. 1045(4)(a)(i). As noted in the
letter, if all of the requested information cannot be provided by this due date,the application will need to be returned in
accordance with 15A NCAC 02H. 1045(4)(a)(ii)to allow for any additional time needed.
Please let me know if you have any questions or concerns.
Kelly
fK.2LLI Jokv .sov\,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
[e-mail]**New Email Address**
Effective October 3r 2023,permit fees have increased as a result of recent legislation. For more information on
the new fees,please refer to Section 12.14(a)of House Bill 259. The website and forms are in the process of
being updated to reflect these new fees.
1

Permit Transfer Checklist
.1045(1)(b)—Only the Current Permittee Signed (to an HOA/POA without their Signature)
K. Johnson— 12/14/23
1. Permit Number: SW8 190102
2. Project Name: Fisher Landing Villas
3. Most Recent Issue Date: 10/6/2020
4. Expiration Date, if applicable: 2/21/2027
5. If Expired,Renewal Submitted to Ensure Compliance(Y/N):n/a
6. Proposed Permit holder: Fisher Landing Villas POA,Inc.
a. Person: TBD
b. NC SoS,Entity is Active?(Y/N): Y
c. NC SoS,Right Person Signed?(Y/N) N/A
d. Original Signature with sign. auth. (Y/N): N/A
e. Correct Address?(Y/N): N—Need revised mailing address.
f. Complete Contact Info(Y/N?): TBD
g. Deed Submitted Showing owner(Y/N): Y-B4956-P1116
h. Entity on Deed: Fisher Landing Villas POA,Inc.
i. Deed Covers Entire Project Common Area(Y/N): Y
j. O&M Drafted as Attachment E?(Y/N): KJ to do
k. E&SC Still Open(if to HOA): N/A—E&SC is closed.
1. Entity on FRO: N/A—E&SC is closed.
7. Current Permit Holder(s): Hoosier Daddy,LLC
a. Match Permit(Y/N): Y
b. Person: Lisa Beaman,Managing Member
c. NC SoS, Entity is Active?(Y/N): Y
d. NC SoS, Right Person Signed?(Y/N): Y
e. Original Signature with sig. auth. (Y/N): Y
f. Correct Address?(Y/N): Y
g. Complete Contact Info(Y/N?): Y
8. (c2)Requirements:
a. 50% lots are sold to individuals(Y/N): Y
b. Common area transferred to HOA/POA(Y/N): Y
c. Permit is in compliance(Y/N): See Inspection
9. File review evaluation of Compliance:
a. Deed Restrictions Recorded(Y/N): N/A
b. Deed Restrictions Correct(Y/N): N/A
c. Certification on File(Y/N):
i. If 2017: As-Built Permittee Cert N-Needed
ii. If 2017: As-Built Designer's Cert N-Needed
iii. If 2017: As-Built Designer's Cert/SCM Y
d. Certification Up to Date(Y/N): TBD
e. BUA,Lot Summary submitted?(Y/N): N/A
f. BUA, Spot Check of Other BUA OK(Y/N): Y—Most homes not yet on Google however.
g. Recorded Plats w/Easements?(Y/N): Y-B0121-P0076
h. Lot lines and easements match plans?(Y/N): Y
i. Recorded O&M(2017)(Y/N): N-Needed
j. Final Plat References O&M(2017)(Y/N): N-Needed
10. Field Inspection:
a. Inspector: Trentt James
b. Date: 10/19/23
c. Issues/Actions Needed:
i. There is a breach in the forebay berm that needs to be repaired.

Compliance Inspection Report
Permit: SW8190102 Effective: 10/06/20 Expiration: 02/21/27
Project: Fisher Landing Villas formerly West Eleventh Street Multifamily
Owner: Hoosier Daddy LLC
County: Brunswick Adress: W 11th St
Region: Wilmington
City/State/Zip: Southport NC 28461
Contact Person:James Yopp Title: Phone:[phone]
Directions to Project:
500 ft west on West Eleventh Street from N. Caswell Ave.
Type of Project: State Stormwater-HD-Detention Pond
Drain Areas: 1 -(Cottage Creek) (03-06-17)(SC;Sw)
On-Site Representative(s):
Related Permits:
Inspection Date: 10/19/2023 Entry Time 10:00AM Exit Time: 11:00AM
Primary Inspector: Trentt James Phone:
Secondary Inspector(s):
Kelly Johnson
Reason for Inspection: Routine Inspection Type: Transfer Renewal
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant M Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page 1

Permit: SW8190102 Owner Project: Hoosier Daddy LLC
Inspection Date: 10/19/2023 Inspection Type Transfer Renewal Reason for Visit: Routine
File Review Yes No NA NE
Is the permit active? U 0 0 0
Signed copy of the Engineer's certification is in the file? ❑ • ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? • 0 0 ❑
Copy of the recorded deed restrictions is in the file? • ❑ 0 ❑
Comment: Certification [Permit Condition 7 and 15A NCAC 02H.1042(4)(a) effective January 1, 20171: The
As-Built Designer's Certification for the Wet Detention Pond Project has been submitted. Please
submit the As-Built Permittee Certification and the As-Built Designer's Certification General MDC.
The O&M from the proposed permittee will be required by the pending permit.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ 0 0 Pi
Is the drainage area as per the permit and approved plans? ❑ 0 0 IN
Is the BUA(as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑ 11
Comment: Pending certification. No issues were identified during the inspection.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? • ❑ ❑ ❑
Are the inlets located per the approved plans? • ❑ ❑ ❑
Are the outlet structures located per the approved plans? • ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ • ❑ 0
Are the SW BMP inspection and maintenance records complete and available for review or ❑ ❑ ❑ IIIII
provided to DWQ upon request?
Comment: There is a breach in the forebay berm that needs to be repaired.
Recorded O&M Agreement [Permit Condition 4(b) and 15A NCAC 02H.1050(11)1: Please
provide a copy of the recorded operation and maintenance agreement.
Plat Referencing the O&M [Permit Condition 4(c), 15A NCAC 02H.1042(4)(c) and 15A NCAC
02H.1050(11)1: Please provide a copy of the recorded plat or other recorded documentation that
supports the site layout, the number of lots, and the recorded drainage easements as shown on
the approved plans as well as referencing the recorded operation and maintenance agreement.
page 2

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This NAN lhat there are no delinquent ad 1111111 1111111111111111111 1916 Pn1.11.••17.711228fOp
VOMIT)UM fees,ameelmenie or other Brunswick County. NC Register of Deeds page 1 of 3
IINNS whloh the Brunswick Cauneflax
Collector ahergad with Jh _et Re a
ben con:Paul Nurnber_jcnng:J2_PiPt4
ea notated by the elunpulek County
Assessor's CRIos. This la nut a oartlflodon
that the panel nu the deed
( Tax
RerottaulrntRII:ecs-nrycidirr_______hrtji=t.
Dk _5Z-- Ck#14519___Cosh$
Finance
r•I document rn. due to condition
seals verified by original
it ioi ttyrt r.mnotce reprociumKi or 0,-)led
North Carolina General Warranty Deed
Excise Tax: $0.00
Parcel Identifier Number: 221MA00504,221MA006 and 221MA00503.
MidUBox to: Grantee at address noted
This instrument was prepared by: Hoosier Daddy,LLC,by Jack Carlisle
Brief description for the Index: Common Area,Fisher Landing Villas
THIS DEED made this 27th day of December,2022 by and between
GRANTOR GRANTEE
Hoosier Daddy,LLC Fisher Landing Villas POA,Inc.
A North Carolina Limited Liability Company A North Catalina Nua-Prolit Corporation
C/O Cepco Property Management
8620 River Road 1628 Doctor's Circle
Wilmington,NC 28412 Wilmington,NC 28401
The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,
and shall include singular,plural,masculine,feminine or neuter as required by context.
WITNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby
acknowledged,has and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all that
certain lot or parcel of land situated in Brunswick County,North Carolina and more particularly described as
follows:
BEING ALL OF Exhilit A(attached),in the office of the Register of Deeds of Brunswick County,North
Carolina.
OCT 0 2 2023

kr
Inl11111 II II�I1�111111f1Ilr B4 P1117 t f Donde Page2 22011,afsuLek GCC000unnn
This property described herein does not include the primary residence of the Grantor.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the armtro in fee simple_
And the Grantor covenants with the Grantee,has the right to convey the same in fee simple,that title is marketable
and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims
of all persons whomsoever except for the exception hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
Declaration of Covenants,Conditions,Restrictions and Easements of record.
Ad valorem taxes for the current and future years.
IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written.
Hoosier Daddy,LLC
.'r
Zgkini'224i I
C.seam Managing Member
NORTH CAROLINA
NEW HANOVER COUNTY
I certify that the following person personally appeared before me this day,acknowledging to me that she is
vohmtanly signed the foregoing document for the purpose stated therein and,in the capacity,indicated:
Lisa C.Beaman,Measighe Member,Hoosier Daddy,LLC.
Date:Lam. 44 ,2022 .900J _.(). oTakAge._
Official- Signature looff Notaryoa p p
•
f—aolimourft,
Printed Name of Notary Public ��rit.‘p.HARD%�
4 ,,.. ..,, �`;
'�F/)�// g. OTA/?
s
My Commission expire (Oily 8 otbC. ' y
/ I. IN,k{ 'DBI.�G J%2

1MVI!1'I !L!11u11Register
Exhibit A
Parcel ID Legal Desciption
221MA00503 .1700 AC MCMILLIAN 11th STREET
221MA006 Common Area&40 Easement 3.18AC(PB 122,PG 22)
221MA00503 .1200 MCMILLIAN 111 STREET

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Owner Information ation pED
Owner Name
GM µ FISHER LAN.Dtt.. VILLAS POA INC
a� (Mailing Address:
7' 1628 DOCTORS CIR
��9 WW?IMil;'6 TON,NC284.01.7406
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Deed Book:04956
221 MA004 Deed Page: 1116
Plat Book:00121.500
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i Plat Page:00076
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LIMITED LIABILITY COMPANY ANNUAL REPORT Ilir
1/6/2022
NAME OF LIMITED LIABILITY COMPANY: Hoosier Daddy, LLC
Filing Office Use Only
SECRETARY OF STATE ID NUMBER: 1129934 STATE OF FORMATION: NC E-Filed Annual Report
1129934
REPORT FOR THE CALENDAR YEAR: 2023
SECTION A: REGISTERED AGENT'S INFORMATION Changes
1. NAME OF REGISTERED AGENT: Carlisle, Michelle Elaine
2.SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS
8620 River Rd. 3722 Shipyard Blvd,Suite G
Wilmington, NC 28412 New Hanover County Wilmington, NC 28403
SECTION B: PRINCIPAL OFFICE INFORMATION
1.DESCRIPTION OF NATURE OF BUSINESS: Real Estate Development
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL OFFICE MAILING ADDRESS
3722 Shipyard Blvd,Suite G 47 .•
Wilmington, NC 28403 004
6.Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran-owned small business
OCT 0 2 2023
❑ The company is a service-disabled veteran-owned small business fzo
SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E.)
NAME: Michelle Elaine Carlisle NAME: Gregory Fields Carlisle , II NAME: Jack Jenkins Carlisle
TITLE: ManagingMember TITLE: AdministrativeMember TITLE: Member
ADDRESS: ADDRESS: 7321 Rainwater Rd. ADDRESS:
8620 River Rd. Raleigh, NC 27615 8630 River Rd.
Wilmington, NC 28412 Raleigh, NC 27615 Wilmington, NC 28412
SECTION D:CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
Michelle Elaine Carlisle 4/24/2023
SIGNATURE DATE
Form must be signed by a Company Official listed under Section C of This form.
Michelle Elaine Carlisle ManagingMember
Print or i ype Name of Company Official Print or Type Title of Company Official
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF$200.00
MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525

SECTION E:ADDITIONAL COMPANY OFFICIALS
NAME: Lisa Carlisle Beaman NAME: NAME:
TITLE: ManagingMember TITLE: TITLE:
ADDRESS: ADDRESS: ADDRESS:
1833 Avalon Ave
Wilmington, NC 28409-4221
NAME: NAME: NAME:
TITLE: TITLE: TITLE:
ADDRESS: ADDRESS: ADDRESS:
NAME: NAME: NAME:
TITLE: TITLE: TITLE:
ADDRESS: ADDRESS: ADDRESS:
NAME: NAME: NAME:
TITLE: TITLE: TITLE:
ADDRESS: ADDRESS: ADDRESS:
NAME: NAME: Name:
TITLE: TITLE: TITLE:
ADDRESS: ADDRESS: ADDRESS:
NAME: NAME: NAME:
TITLE: TITLE: TITLE:
ADDRESS: ADDRESS: ADDRESS:

SOSID: 2218884
Date Filed: 6/22/2 021 11:55:00 AM
Elaine F.Marshall
North Carolina Secretary of State
C2021 169 00914
-
pc1 0 2 2023
ARTICLES OF INCORPORATION
OF
r tnm` DING VILLAS POA,ING�
A Nonprofit Corporation
The undersigned, being of the age of eighteen (18) years or more, does hereby make and
acknowledge these Articles of Incorporation for the purpose of forming a nonprofit corporation
under and by virtue of the laws of the State of North Carolina, and all pursuant to and in
compliance with the requirements of Chapter 55A of the General Statutes of North Carolina.The
undersigned does hereby certify:
1. The name of the corporation is:
FISHER LANDING VILLAS POA,INC.
2. The period of duration of the corporation shall be perpetual.
3. The purposes for which the corporation is organized are to provide for the
administration, maintenance, and preservation of the lots and streets within that certain tract
located in Brunswick County,North Carolina, known as FISHER LANDING VILLAS, and to
promote the health, safety, and welfare of the residents of the above-described property and any
additions thereto as may hereafter be brought within the jurisdiction of this Association in
accordance with the Declaration, and for this purpose to exercise all of the powers and privileges
and to perform all of the duties and obligations of the Association as set forth in the
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF
FISHER LANDING VILLAS,hereinafter called the "Declaration of Covenants Conditions and
Restrictions," applicable to the property and which will be recorded in the Office of the Register
of Deeds of Brunswick County,North Carolina, as the same may be amended from time to time as
therein provided, said Declaration being incorporated herein by reference;
(a) fix, levy, collect, and enforce payment by any lawful means, all charges or
assessments pursuant to the terms of the Declaration of Covenants Conditions and Restrictions;
to pay all expenses in connection therewith and all office and other expenses incident to the
conduct of the business of the Association;
1

(b) including all licenses,taxes, or governmental charges levied or imposed against the
property of the Association;
(c) acquire (by gift,purchase, or otherwise), own, hold, improve,build upon, operate,
maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or
personal property in connection with the affairs of the Association;
(d) borrow money, and with the assent of two-thirds (2/3) of the members, mortgage,
pledge, deed in trust, or hypothecate any or all of its real or personal property as security for
money borrowed or debts incurred;
(e) participate in mergers and consolidations with other nonprofit corporations
organized for the same purposes provided that any such merger or consolidation shall have the
assent of two-thirds (2/3) of the members; and
(f) engage in any lawful act or activity for which corporations may be organized under
Chapter 55A of the General Statutes of North Carolina and in particular G. S. 55A-15.
4. The corporation shall have two classes of members as follows:
Class A.Class A Members shall be all Owners,with the exception of the Declarant,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.The vote for such Lot shall be exercised as they determine,but in no event shall
more than one vote be case with respect to any Lot.Fractional voting with respect to any Lot is prohibited.
Class B.The Declarant shall be a Class B Member and shall be entitled to four(4)votes for each
Lot owned.The Class B Membership shall cease and be converted to Class A Membership on the
happening of any of the following events,whichever occurs earlier:
A. When the total votes outstanding in the Class A membership equal or exceed
the total votes outstanding in the Class B membership (Lots shall include any
additional future phases which Declarant might bring under the terms of this
agreement),
B. Thirty years from the date of recordation of this Declaration; or
C. Upon the voluntary surrender of all Class B Membership by the holder thereof.
5. The street address of the initial Registered Office of the corporation in the State of
North Carolina and for the Principal Office of the corporation is:
1628 Doctors Circle
Wilmington,NC 28401
New Hanover County
2

6. The mailing address of the initial Registered Office of the corporation in the State
of North Carolina and for the Principal Office of the corporation is:
1628 Doctors Circle
Wilmington,NC 28401
New Hanover County
This is the address for both the Registered Office and Principal Office
7. The name of the initial registered agent of the corporation at such address is:
Randy Norris
8. The number of directors. constituting the initial Board of Directors shall be two, and the
names and addresses of the persons who are to serve as directors until the first meeting of the
corporation, or until their successors to be elected and qualify, are:
Name Address
Lisa Beaman 1833 Avalon Avenue; Wilmington,NC 28409
Michelle Carlisle 8620 River Road, Wilmington,NC 28412
The members of the initial Board of Directors need not be members of the Association. The
number of directors shall be increased to the number required in the Bylaws of the Association
when elected at the first meeting of the Association. The number may thereafter be changed by
amendment of the Bylaws of the Association. The foregoing named Directors shall serve until
they resign, die or his/their successor(s) is/are elected and qualified. Thereafter the terms of
office for the Directors shall be staggered.
9. The name and address of the incorporator is:
Ellen P. Wortman
Marshall, Williams &Gorham, LLP
14 S. Fifth Avenue
Wilmington,NC 28401
10. The corporation shall have no capital stock. Participation in its affairs shall be by
membership therein, subject to provision of the Bylaws as may be adopted, amended, or repealed
by the Board of Directors.
11. It is expressly declared that this corporation is not organized for pecuniary gain or
profit for its members and it shall have no power to make or declare dividends. However,
compensation may be paid for services rendered to or for the corporation for any of its purposes.
3

12. The Association may be dissolved with the assent given in writing and signed by
not less than four-fifths (4/5) of the members. Upon dissolution of the Association, other than
incident to a merger or consolidation, the assets of the Association shall be dedicated to an
appropriate public agency to be used for purposes similar to those for which this Association was
created. In the event that such dedication is refused acceptance, such assets shall be granted,
conveyed, and assigned to any non-profit corporation, association, trust, or other organization to
be devoted to such similar purposes.
Upon the dissolution of the corporation, the Board of Directors shall, after paying or
making provision for the payment of all of the liabilities of the corporation dispose of all of the
assets of the corporation exclusively for the purposes of the corporation in such manner. Any such
assets not so disposed of shall be disposed of by the Superior Court of the county in which the
principal office of the corporation is then located, exclusively for such purposes or to such
organization or organizations, as said Court shall determine, which are organized and operated
exclusively for such purposes.
13. Amendments to these Articles shall require the assent of four-fifths (4/5) of the
entire membership.
IN WITNESS WHEREOF,I have hereunto set my hand this 18th day of June 2021.
litift,..y
Ellen P. Wortman, Esq., Incorporator
4

- •IF a ® ■l1 - ••• �v`?`8 a':-ilnrC:li9 06/17/2021
Brenda M.Clemntons.Brunswick County. 1G;OG;G3.000
•
Y NC Register of Deeds Eage 1 of 23
STATE OF NORTH CAROLINA
DECLARATION OF COVENANTS
COUNTY.OF BRUNSWICIC
CONDITIONS AND
FOR FISHER LANRESTRICTIONS VILLAS
PLEASE NOTE: °°THIS DOCUMENT
THE DISPLAY OP FLAGS LITIC REGULATES OR PROHIBITS
AND POLITICAL, SIGNS".
OCT 022023 r.
i C
Submitted electronically by Marshall,Williams Gorham in compliance with North Carolina statutes
and the terms of the submitter agreement with the Brunswick County Register of Deeds.
governing recordable documents

• .....�nunu. .ni u+»wicK t_outtty.Aa Register of Deecis E '
This Declaration,made the day of June 2021,by Hoosier Daddy,LLC,
hereinafter referred to as`Declarant'or'Developer";
WITNESSETH:
Whereas,Declarant is the owner of certain real property in Brunswick County,
North Carolina,known as the FISHER LANDING VILLAS,which is shown on a plat
recorded in the Office of the Register of Deeds of Brunswick County,North Carolina,in
Map Book 118,Pages 16 and 17;Map Book 121,Page 76;Map Book 122,Page 22;and
Map Book 125,Page 96,to which reference is made for a more particular description(the
"Property");and
NOW,THEREFORE,Declarant declares that the Property described above shall be
held,sold and conveyed subject to the North Carolina Planned Community Act set forth in
Chapter 47F of the North Carolina General Statutes(the"Act'),as well as the following
easements,restrictions,covenants,and conditions.
ARTICLE 1.
DEFINITIONS
In addition to other terms defined herein, the following capitalized terms
shall have the following meanings as used herein:
SECTION 1.Allocated Interest shall mean the Common Expense Liability
and vote in the Association allocated to each Lot.
SECTION 2.Association shall mean and refer to Fisher Landing Villas,POA,Inc.,a
North Carolina non-profit corporation,its successors and assigns, the owners association
organized pursuant to the Act for the purposes set forth herein.
SECTION 3.Common Elements shall mean and refer to all lands and easements
within or appurtenant to the Planned Community owned by the Association,other than a Lot;
and intended for the common use and enjoyment ofthe
limitation,any private roads and openOwners,including,without
space within the Planned Community.Common
Elements need not be contiguous to or abutting the Property or any Additional Property.

....ma an tiicou,tt1:1E.rronswitk C-cuniy.NC Regisleroriieeds E -... .
SECTION 4. Co_penses means expenditures made by or financial
liabilities of the Association, together with any allocations to reserves. "Common
Expenses" shall be construed broadly.
SECTION 5.Common Expense Li l; means the liability for Common Expenses
allocated to each.Lot as permitted by the Act,this Declaration or otherwise by law.
SECTION 6.Declarant shall be used interchangeably with Developer(which
designations shall include singular,plural,masculine and neuter as required by the context)
and shall mean and refer to Hosier Daddy,LLC,its successors and assigns,if such
successors or assigns should acquire undeveloped property from the Declarant or a Lot not
previously disposed of for the purpose of development and reserves or succeeds to any
Special Declarant Right.
SECTION 7. Declarant Control Period shall,have the meaning set forth in
Article III. hereof.
SECTION 8. Declaration shall mean this instrument as it may be from time
to time amended or supplemented.
SECTION 9=Executive Board shall be used interchangeably with the Board of
Directors and means the body,regardless of name,designated in this.Declaration or
otherwise to act on behalf of the Association.
SECTION 10.Limited Common Elements shall mean areas and facilities which are
for the exclusive use of the Lot Owner but which the Association is obligated to maintain
pursuant to the terms of this Declaration.The driveways and covered porches depicted on the
plat recorded at Map Book 118,Pages 16 and 17 shall be limited common elements.
SECTION 11. Lots shall mean and refer to any portion of the Planned
Community designated for separate ownership by a Lot Owner.
SECTION 12. Owner shall mean the Declarant or other Person who owns a
fee simple title to any Lot, including builders and contract sellers, but excluding
those having such interest merely as security for the performance of an obligation.
SECTION 13. Person means a natural person, corporation, business trust,
estate,trust, partnership, association,joint venture, government, governmental
subdivision, or agency or other legal or commercial entity.

.». .....n...ein�na.n4 ulhswicK LoUflty.NC Register or Deeds E
SECTION 14. Purchaser means any Person, other than the Declarant or a
Person in the business of selling real estate for the purchaser's own account, who
by means of a voluntary transfer acquires a legal or equitable interest in a Lot,
other than(i) a leasehold interest(including renewal options) of less than 20 years,
or(ii)as security for an obligation.
SECTION 15. Reasonable Attorneys' Fees means attorneys' fees reasonably
incurred without regard to any limitations on attorneys' fees which otherwise may
be allowed by law.
SECTION 16. Special Declarant Rights means rights reserved for the
benefit of the Declarant including without limitation the right(i)to complete
improvements intended or planned by Developer for the Property or Additional
Property; (ii) to exercise any development or other right reserved to the Declarant
by this Declaration or otherwise, including but not limited to architectural control
until the last unit is sold; (iii)to maintain within the Planned Community sales
offices, management offices, construction offices/trailers, signs advertising the
Planned Community, and models; (iv)to use the Common Elements for the
purpose of making improvements within the Planned Community; or(v)to appoint
or remove any officer or Executive Board member of the Association during the
Declarant Control Period.
SECTION 17. Stormwater Permit shall mean Stormwater Permit# SW8
190102 dated February 21, 2019 issued by the North Carolina Department of
Environmental Quality, under Title 15A NCAC 2H.1000.
ARTICLE II.
PROPERTY RIGHTS AND EASEMENTS
SECTION 1. Owners' Property Rights and Easement of Enjoyment. Every
Owner shall have and is hereby granted a right and easement of enjoyment in and
to the Common Elements, which shall be appurtenant to and shall pass with the
title to every Lot, subject to the following provisions:
A. The Association may make and amend reasonable rules and
regulations governing use of the Common Elements;
B. The Association may grant a security interest in or convey the
Common Elements, or dedicate or transfer all or party of the Common Elements, to
any public agency, authority or utility for such purposes and subject to such

conditions as may be agreed to by at least eighty percent (80%) of the Members,
excluding the Developer; provided, however,that the Association may without the
consent of the Owners grant easements, lease, licenses and concessions through or
over the Common Elements. No conveyance or encumbrance of Common
Elements shall deprive any Lot of its rights or access or support.
SECTION 2. Easements in Favor of Declarant and Association. The
following easements are reserved to Declarant and the Association,their agents,
contractors, employees, successors and assigns:
A. Easements as necessary in the lands constituting the Common
Elements and the front and side of each Lot for landscaping, maintenance of
utilities and drainage facilities.
B. Easements over all private streets, if any, access easements, and
Common Elements within the Planned Community as necessary to provide access,
ingress and egress to and the installation of utilities for any Additional Property.
C. An easement of unobstructed access over, on, upon, through and
across each Lot and the Limited Common Elements located thereon, if any, at all
reasonable times to perform any maintenance and repair to the Limited Common
Elements required by this Declaration.
SECTION 3. Other Easements. The following additional easements are
granted by Declarant:
A. An easement to all police, fire protection, ambulance and all similar
person, companies or agencies performing emergency services,to enter upon all
Lots and Common Elements in the performance of their duties.
B. An easement to the City of Southport for installation and/or
maintenance of any sidewalks on the Lots or Common Area, if constructed.
C. In case of any emergency originating in or threatening any Lot or
Common Elements, regardless of whether any Lot Owner is present at the time of
such emergency, the Association or any other person authorized by it, shall have
the immediate right to enter any Lot for the purpose of remedying or abating the
causes of such emergency and making any other necessary repairs not performed
by the Owners.

D. The Association is granted an easement over each Lot for the
purposes of providing Lot maintenance when an Owner fails to provide
maintenance and upkeep in accordance with this Declaration. In the event the
Association provides Lot maintenance for an Owner's failure to maintain his/her
Lot as required by these Declarations,the charge for the Association's remedy
maintenance shall be taxed against the Owner in violation as an individual
Assessment.
E. The Owners are granted an easement in the Common Areas for the
placement of the AC unit, which may exceed the boundaries of the Lot, if such
location was approved by the Association as the original location of the AC unit.
The Owners understand that if such location was approved that location in no way
extends a maintenance obligation for the AC units on the Association, and Owners
remain individually responsible for maintenance of their own AC units. Inoperable
AC units are not permitted in the Common Areas and no AC units except those
original approved to be located in the Common Areas are permitted in Common
Areas.
SECTION 4.Nature of Easements.All easements and rights described herein are
perpetual easements appurtenant,naming with the land,and shall inure to the benefit of and
be binding on the Declarant and the Association,their successors and assigns,and any
Owner,purchaser,mortgagee and other person having an interest in the Planned
Community,or any part or portion thereof,regardless of whether or not reference is made in
the respective deeds of conveyance,or in any mortgage or trust deed or other evidence of
obligation,to the easements and lights described in this Declaration.
ARTICLE III.
HOMEOWNERS' ASSOCIATION
SECTION 1.Formation of Association.The Association is a nonprofit corporation
organized pursuant to the Nonprofit Corporation Act of the State of North Carolina for the
purpose of establishing an association for the Owners of Lots to operate and maintain the
Common Elements in accordance with this Declaration and Bylaws.The Association shall
be empowered to perform and/or exercise those powers set forth in the Act as it may be
amended from time to time,in addition to any powers and authority otherwise granted to it.
SECTION 2.Membership.Every Owner shall be a Member of the Association.
Membership shall be appurtenant to and may,not be separated from Lot ownership.

St etch M.Li mot os.Riuuswick County.NC Register of Deeds E`tg° of__
SECTION 3. Voting Rights The Association shall have two classes of
voting Membership.
Class A. Class A Members shall be all Owners,with the exception of the Declarant,
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.The vote for such Lot shall be
exercised as they determine,but in no event shall more than one vote be case with respect to
any Lot.Fractional voting with respect to any Lot is prohibited
Class B. The Declarant shall be a Class B Member and shall be entitled to four(4)
votes for each Lot owned.The Class B Membership shall cease and be converted to Class
A Membership on the happening of any of the following events,whichever occurs earlier:
(a) When the total votes outstanding in the Class A membership equal
or exceed the total votes outstanding in the Class B membership (Lots
shall include any additional future phases which Declarant might bring
under the terms of this agreement),
(b) Thirty years from the date of recordation of this Declaration; or
(e) upon the voluntary surrender of ail Class B Membership by the
holder thereof
The period during which there is Class B Membership is sometimes referred
to herein as the "Declarant Control Period".
SECTION 4.Government Permits.After completion of construction of any facilities
required to be constructed by Declarant pursuant to permits,agreements and easements for
the Planned Community,all duties,obligations,rights and privileges ofthe Declarant under
any water,sewer,stonnwater and utility agreements,easements and permits for the Planned
Community with municipal or governmental agencies or public or private utility companies,
shall be 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.There are additional
provisions made in this Declaration concerning stormwater facilities and the Stormwater
Permit.
SECTION 5.Common Elements.The Association shall at its sole cost and expense
be responsible for the operation and maintenance of each Common Element within the
Planned Community form the date of completion of its construction or improvement by

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the Developer,whether or not(i)such Common Element has actually been deeded to the
Association,or(ii)any permit issued by a governmental agency to Declarant for the
construction and operation of the Common Elements has been transferred from the
Declarant to the Association or assumed by the Association.If the Declarant is required
by any government agency to provide any operation or maintenance activities to a
Common Element for which the Association is liable to perform such operation and
maintenance pursuant to this section,then the Association agrees to reimburse the
Declarant the cost of such operation and maintenance within 30 days after Declarant
renders a bill to the Association therefor.The Association agrees to levy a Special
Assessment to cover the amount of such bill if it does not have other sufficient funds
available.Declarant shall be entitled to specific performance to require the Association to
levy and collect such Special Assessment.
SECTION 6.Insurance.The Executive Board on behalf of the Association,as a
Common Expense,may at all times keep the Common Elements and other assets of the
Association,if any,insured against loss or damage by fire or other hazards and such other
risks,including public liability insurance,upon such terns and for such amounts as may be
reasonably necessary'from time to time to protect such property,which insurance shall be
payable in case of loss to the Association for all Members.Additionally,the Association shall
insure the townhome buildings,but not the interior of the townhome units.The Association
shall have the sole authority to deal with the insurer in the settlement of claims.In no event
shall the insurance coverage obtained by the Association be brought into contribution with
insurance purchased by Members or their mortgagees.At a minimum,the Association shall
maintain the insurance coverages required by the Act;and shall insure the townhome buildings
but not the interior of the townhome units.The Owners are responsible for insuring the
townhome units and are required to purchase an HO6 policy and provide evidence of that
insurance to the Association's Executive Board upon request
SECTION 7.Architectural Control Committee.The Executive Board shall perform
all duties of the Architectural Control Committee if no such committee is appointed by it,
subject,however,to the Special Declarant Rights.Declarant retains architectural control
until either the last unit is sold or until Declarant turns over architectural control to the
Executive Board.
ARTICLE IV.
COVENANTS FOR ASSESSMENTS
SECTION 1.Creation of the Lien and Personal Obligation of Assessments.Each
Lot Owner covenants and agrees to pay to the Association the following assessments
(collectively the"Assessments")_

A. Annual Assessments;
B. Special Assessments;
In
dividual ndividual Assessments;
D. Insurance Assessments;and
E. Ad Valorem Tax Assessments.
The Assessments,together with interest,costs and reasonable attorneys fees,shall be a
charge on the land and shall be a continuing lien upon the respective Lot against which the
Assessments are made.Each such Assessment,together with interest,costs and reasonable
attomey's fees,shall also be the,personal obligation of the person who was the Owner of such
Lot at the time when the Assessment fell due.The personal obligation for delinquent
Assessments shall not pass to the Owner's successors in title unless expressly assumed by
them.
SECTION 2.Purpose of Annual Assessments.The Annual Assessments levied by the
Association shall be used exclusively to promote the recreation,health,safety and welfare of
the Owners and residents of the Planned Community and for the maintenance,repair and
replacement ofthe Common Elements.The funds arising from said assessments or charges,
may be used for any or all of the following purposes:Operations,maintenance and
improvement ofthe Common Elements,including payment of utilities;enforcing this
Declaration;paying taxes,insurance premiums,legal and accounting fees and
governmental charges; establishing reserves;and in addition,doing any other things
necessary or desirable in the opinion of the Association to keep the Common Elements in
good operating order and repair.
SECTION 3.Annual Assessments.The Executive Board shall adopt a proposed
annual budget at least 90 days before the beginning of each fiscal year of the Association.
Within 30 days after adoption'of the proposed budget for the Planned Community,the
Executive Board shall provide to all of the Lot Owners a summary of the budget and
notice of a meeting to consider its ratification,including a statement that the budget may
be ratified without a quorum.The budget is ratified unless at the meeting a majority of all
of the Lot Owners in the Association rejects the budget.In the event the proposed budget
is rejected,the periodic budget last ratified by the Lot Owners shall be continued until
such time as the Lot Owners ratify a subsequent budget proposed by the Executive Board.
The Annual Assessment for each Lot shall be established based on the annual budget thus
adopted;provided,however,that the first Annual Assessment shall be set by the Declarant
prior to the conveyance of the first Lot to an Owner.The due date for payment shall be
established by the Executive Board.The Executive Board shall have the authority to
require the Assessments to be paid in periodic installments.The Association shall,upon

demand,and for a reasonable charge furnish a certificate signed by an officer of the
Association setting forth whether the Assessments on a specified Lot have been paid.
SECTION 4. Special Assessments. In addition to the Annual Assessments
authorized above, the Association may levy, in any assessment year, a Special
Assessment applicable to the year only for the following purposes:
A. To defray, in whole or in part,the cost of any construction,reconstruction,
repair or replacement of a capital improvement upon the Common Elements and any
Limited Common Elements, including fixtures and personal property related thereto,
provided that any such Special Assessment shall have the assent of fifty one percent
(51%)of the Members of each class who are voting in person or by proxy at a meeting
duly called for this purpose. Written notice of any meeting of Owners called for the
purpose of approving such Special Assessment shall be sent to all Members not less than
ten(10)days nor more than sixty(60)days in advance of the meeting.
B. Without a vote of the Members,to provide funds to reimburse the Declarant
as,provided for in Article III, Section 5,hereof.
SECTION 5.Individual Assessments.To the extent an Owner or their guest,
tenant or invitees violate these Declarations,the Association's Bylaws,or the Rules and
Regulations,an Individual Assessment in the form or a fine may be assessed,after
following the due process requirements of the Planned Community Act,or in the event
the Association enters a Lot to perform maintenance required the Lot Owner failed to
perform,an Individual Assessment in the amount of the cost paid by the Association for
that maintenance will be an Individual Assessment.In the event a fine is imposed or costs
are incurred,that fine or those costs become an Individual Assessment against the Lot
and can be collected as the other Assessments described herein.
SECTION 6. Insurance Assessments.All premiums on insurance policies
purchased by the Board of Directors or its designee and any deductibles payable by the
Association upon loss shall be a Common Expense,and the Association may at any time
levy against the Owners equally an"Insurance Assessment",in addition to the Annual
Assessments,which shall be in an amount sufficient to pay the cost of all such
deductibles and insurance premiums not included as a component of the Annual
Assessment.
SECTION 7.Ad Valorem Tax Assessments.All ad valorem taxes levied against
the Common Elements,if any,shall be a common expense, and the Association may at
any time levy against the Owners equally an"Ad Valorem Tax Assessment",in addition

to the Annual Assessments,which shall be in an amount sufficient to pay ad valorem
taxes not included as a component of the Annual Assessment.
SECTION 8.Rate of Assessment.The Association may differentiate in the
amount of Assessments charged when a reasonable basis for distinction exists,such as
between vacant Lots of record and Lots of record with completed dwellings for which
certificates of occupancy have been issued by the appropriate governmental authority„
or when any other substantial difference as a ground of distinction exists between Lots.
However,Assessments must be fixed at a uniform rate for all Lots similarly situated.
SECTION 9. Commencement of Assessments. Assessments for each Lot shall
commence upon the date of acceptance of a deed from Declarant;however Declarant
has the sole right to enter into an agreement with the builders to whom it sells Lots to
delay commencement of assessments for those Lots. Subsequent purchasers shall be
obligated to pay Assessments commencing upon the date a deed is recorded,
transferring ownership to them.
SECTION 10. Effect Of Nonpayment of Assessments And Remedies Of The
Association. Any Assessment or installment thereof not paid within thirty(30)days
after the due date shall bear interest from the due date at the highest rate allowable by
law.The Association may bring an action at law against the Owner personally obligated
to pay the same,or foreclose the lien against the Owner's Lot.No Owner may waive or
otherwise escape liability for the Assessments provided for herein by non-use of the
Common Elements or abandonment of his Lot All unpaid installment payments of
Assessments shall become immediately due and payable if an Owner falls to pay any
installment within the time permitted. The Association may also establish and collect
late fees for delinquent installments.
SECTION 11. Lien for Assessments. The Association may file a lien against
a Lot when any Assessment levied against said Lot remains unpaid for a period of
30 days or longer.
A. The lien shall constitute a lien against the Lot when and after the claim of lien
is filed of record in the office of the Clerk of Superior Court of the county in which the
Lot is located.The Association may foreclose the claim of lien in like manner as a
mortgage on real estate under power of sale under Article 2A of Chapter 45 of the General
Statutes.Fees,charges,late charges,fines,interest,and other charges imposed pursuant to
Sections 47F-3-102,47F-3-107,47F-3-107.1 and 47F-3-115 of the Act are enforceable as
Assessments.

B. The lien under this section shall be prior to all liens and encumbrances on a
Lot except liens 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 lien in the office
of the Clerk of Superior Count,and(ii)liens for real estate taxes and other governmental
assessments and charges against the Lot.
C. The lien for unpaid assessments is extinguished unless proceedings to enforce
the tax lien are instituted within three years after the docketing of the claim of lien in the
office of the Clerk of Superior Court.
D. Any judgment,decree,or order in any action brought under this section shall
include costs and reasonable attorneys'fees for the prevailing party.
E. Where the holder of a first mortgage or 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 the Lot which became due prior to the acquisition of title to the Lot by
such purchaser.The unpaid Assessments shall be deemed to be Common Expenses
collectible from all of the Lot Owners including such purchaser,its heirs,successors and
assigns.
F. A claim of lien 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.
ARTICLE V
RIGHTS OF DEVELOPER
The Declarant shall have,and there is hereby reserved to the Declarant,the Special
Declarant Rights as herein defined and the following rights,powers and privileges which
shall be in addition to the Special Declarant Rights and any other rights,powers and
privileges reserved to the Declarant herein:
SECTION 1.The Architectural Control Committee/Executive Board.All duties and
responsibilities conferred upon,the Architectural Control Committee by this Declaration or
the Bylaws of the Association shall be exercised and performed by the Declarant or its
designee,so long as Declarant shall own any Lot within the Property or any Additional
Property. The Declarant shall be entitled during the Declarant Control Period to appoint
and remove the officers and members of the Executive Board

SECTION 2.Plan of Planned Community.The right to change,alter or redesignate
the allocated planned,platted,or recorded use or designation of any of the lands constituting
the PIanned Community including,but not limited to,the right to change,alter or redesignate
road,utility and drainage facilities and easements and to change,alter or redesignate such
other present and proposed amenities,Common Elements,or facilities as may in the sole
judgment and discretion of Declarant be necessary or desirable.The Declarant hereby
expressly reserves,unto itself,its successors and assigns,the right to re plat any one(1)or
more Lots shown on the plat of any subdivision of the Property or Additional Property in
order to create one or more modified Lots;to further subdivide tracts or Lots shown on any
such subdivision plat into two or more Lots;to recombine one or more tracts or Lots or a
tract and Lots to create a larger tract or Lot(any Lot resulting from such recombination shall
be treated as one Lot for purposes of Assessments);to eliminate from this Declaration or any
plats of the PIanned Community Lots that are not otherwise buildable or are needed or
desired by Declarant for access or are needed or desired by Declarant for use as public or
private roads or access areas,whether serving the Planned Community or other property
owned by the Declarant or others,or which are needed for the installation of utilities,
Common Elements or amenities,and to take such steps as are reasonably necessary to make
such re-platted Lots or tracts suitable and fit as a building site,access area,roadway or
Common Elements.
SECTION 3- Amendment of Declaration by the Declarant. This Declaration
may be amended without Member approval by the Declarant, or the Board of the
Association, as the case may be, as follows:
A. In any respect,prior to the sale of the first Lot.
B. To the extent this Declaration applies to Additional Property.
C. To correct any obvious error or inconsistency in drafting,typing or reproduction.
D. To qualify the Association or the Property and Additional Property, or
any portion thereof, for tax-exempt status.
E. To incorporate or reflect any platting change as permitted by this Article
or otherwise permitted herein.
F. To conform this Declaration to the requirements of any law or governmental
agency having legal jurisdiction over the Property or any Additional Property or to qualify
the Property or any Additional Property or any Lots and improvements thereon for
mortgage or improvement loans made,insured or guaranteed by a governmental agency or
to comply with the requirements of law or regulations of any corporation or agency
belonging to,sponsored by,or under the substantial control of the United States Govern-
ment or the State of North Carolina,regarding purchase or sale of such Lots and
improvements,or mortgage interests therein,as well as any other law or regulation relating
to the control of property,including,without limitation,ecological controls,construction
standards,aesthetics,and matters affecting the public health,safety and general welfare.A

letter from an official of any such corporation or agency,including,without limitation,the
Department of Veterans Affairs,U.S.Department of Housing and Urban Development,the
Federal Home Loan Mortgage Corporation,Government National Mortgage Corporation,
or the Federal.National Mortgage Association,requesting or suggesting an amendment
necessary to comply with the requirements of such corporation or agency shall be sufficient
evidence of the approval of such corporation or agency,provided that the changes made
substantially conform to such request or suggestion.Notwithstanding anything else herein
to the contrary,only the Declarant,during the Declarant Control Period,shall be entitled to
amend this Declaration pursuant to this Section.
SECTION 4.Annexation of Additional Property.Declarant may annex to and
make a part of the Planned Community any other real property which Declarant now owns
or which Declarant may hereafter acquire or develop(the"Additional Property").
Annexation of Additional Property to the Planned Community shall require the assent of
67%of the Class A Members who are voting in person or by proxy at a meeting called for
this purpose;provided,however,Additional Property may be annexed to the Planned
Community without the assent of the Members so long as the Additional Property is
adjacent to the Planned Community.Nothing herein shall require the Developer to annex
any lands to the Planned Community.The Developer shall be entitled to develop any lands
currently owned by it,other than the Property,in accordance with any scheme of
development that Developer chooses.
ARTICLE VI.
USE RESTRICTIONS.ARCHITECTURAL CONTROL
AND MAINTENANCE
SECTION 1.Approval of Plans for Building and Site Improvements.No dwelling,
wall or other structure(including mail boxes)shall be commenced,erected,or maintained
upon any Lot,nor shall any exterior addition to or change in or alteration therein(including
painting or repainting of exterior surfaces)be made until'the plans and specifications
showing the nature,kind,shape,heights,materials,colors 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 the Architectural Control Committee.If
the Architectural Control Committee fails to approve or disapprove such design and location
within thirty(30)days after said plans and specifications have been submitted to it,approval
will not be required and this Article will be deemed to have been fully complied with.
Refusal or approval of any such plans,location or specification may be based upon any
ground,including purely aesthetic and environmental considerations that in the sole and
uncontrolled discretion of the Architectural Control Committee shall be deemed sufficient
One copy of all plans and related data shall be furnished to the Architectural Control

Committee for its records.The Architectural Control Committee shall not be responsible for
any structural or other defects in plans and specifications submitted to it or in any structure
erected according to such plans and specifications.
SECTION 2. Minimum Standards for Site Improvements.
A. All service utilities,fuel tanks,and wood piles are to be enclosed within a wall
or plant screen of a type and size approved by the Architectural Control Committee,so as
to preclude the same from causing an unsightly view from any highway,street or way
within the subdivision,or from any other residence within the subdivision.Clothes lines
are not permitted on any Lot.
B. All light bulbs or other lights installed in any fixture located on the exterior of any
building or any Lot for the purpose of illumination shall be white or non-frost lights or bulbs.
C. All front and side windows shall have well maintained white,two-inch(2")
horizontal blinds,or a style of blinds otherwise approved by the Architectural Control
Committee.Damaged blinds shall be replaced immediately.
D. Owners shall not plant or landscape any flowers,bushes or tees in the front yard
of the Lot,or undertake any landscaping activity in LL c front yard.
SECTION 3. Use Restrictions.
A. Land Use And Building Type.No Lot shall be used for any purpose except for
residential purposes,subject,however,to the rights of the Declarant contained herein.
Short term rentals for terms less than six(6)months,including those through VRBO or
Air BnB,or any similar short term rental type,are not permitted.
B. Nuisances.No noxious or offensive activity shall be carried on upon any Lot,
nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood.There shall not be maintained any plants or animals,nor
device or thing of any sort whose normal activities or existence are in any way noxious,
dangerous,unsightly,unpleasant or other nature as may diminish or destroy the enjoyment
of other Lots by the Owners thereof.It shall be the responsibility of each Owner to prevent
the development of any unclean,unsightly or unkempt condition of buildings or grounds
on the Owner's Lot which would tend to decrease the beauty of the neighborhood as a
whole or the specific area.

BreHAa rut.Cleinmo;is.Elui swick County.NC Iteglsecr at Decds E
C. Temporary Structures.No structure of a temporary character,trailer,basement,
tent,shack,garage,barn or other outbuilding shall be used on any Lot any time as a
residence either temporarily or permanently without the written consent of the Association.
D.Vehicles/Boats.No boat,motor boat,camper,trailer,motor or mobile homes,
tractor/trailer,commercial vehicles or similar type vehicle,shall be permitted to remain on
any Lot or on any street or Common Element at any time,without the written consent of
the Association.No inoperable vehicle or vehicle without current registration and insurance
will be permitted on any Lot,street or Common Element.The Association shall have the
right to have all such vehicles towed away at the owner's expense.
E. Animals.No animals,livestock or poultry of any kind shall be kept or
maintained on any Lot or In any dwelling except that no more than a total of two(2)dogs,
cats or other household pet 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,are at all times kept properly leashed or under the control of their owner and do not
become a nuisance.American Pit Bull Tethers,American Staffordshire Terrier,American
Bully,and Staffordshire Bull Terriers are not permitted to be kept or maintained on any Lot.
F. Statuary,TV Satellite Dishes and Outside Antennas.No yard statuary are
peluuueu on any Lot and no outside radio or television antennas or satellites shall be erected
on any Lot or dwelling unit unless and until permission for the same has been granted by the
Architectural Control Committee;provided,however,satellite dishes not over 18"in
diameter which cannot be seen from the street are permitted,so long as their installation
does not cause damage to the exterior of the building.
G. Construction in Common Elements. No Person shall undertake, cause, or
allow any alteration or construction in or upon any portion of the Common
EIements except at the direction or with the express written consent of the
Association.
H. Signs.No signs(including"for sale"or"for rent"signs)shall be permitted on any
Lot or in the Common Elements without permission of the Executive Board;provided,
however,builder may so long as it owns any Lot maintain for sale signs on its Lots and signs
on its Lots and in the Common Elements generally advertising the Planned Community.
I.Mail Boxes.Each Lot shall have one mail box at the common cluster postal center.
J. Fire Pits,Charcoal Grills and Open Flames No fire pits,charcoal grills or open
flames are permitted on any Lot

d CuiIA M.'_ICI111IIb1If. FGJDIrt U1 Lni9tl] E
K. Exterior Flags No exterior flag poles are permitted to be mounted to the exterior of
the building and no flag poles are permitted to be constructed in the front yard of any lot.
Placement of any other exterior flags,or flags visible from the exterior,including garden size
flags,must be approved by the Architectural Control Committee.
SECTION 4.Maintenance.The Association shall maintain,as a Common Expense,
the exterior landscaping and irrigation in the yards of each Lot,and if a fence is approved by
the Association,the Association shall landscape the areas outside any fence on each Lot,In
the event a fence is approved on a Lot,each Owner with a fence shall keep the area inside
his/her fence free from weeds,underbrush or refuse piles,or unsightly growth or objects and
shall maintain his/her fence.All structures shall be kept neat and in good condition and repair.
All shrubs,trees,grass and plantings shall be kept neatly trimmed and properly cultivated.
The Association shall maintain,as a Common Expense,the exterior ofthe buildings,
including the front porch,roofs and siding.Owners shall be responsible for maintenance,
repair and replacement of all windows and doors,and screens;however the Architectural
Control Committee shall approve all replacement doors and windows prior to installation.
Owners shall maintain the Limited Common Elements,including their own driveways.
ARTICLE VII
STORMWATER
The Association shall comply with all terms,provisions and requires ofthe Stormwater
Permit,including all maintenance requirements of the vegetative buffer and the Schedule of
Compliance set forth in the Stormwater Permit.The cost of such maintenance shall be a
Common Expense shared equally among the Owners.
The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 190102, as issued by the
Division of Energy, Mineral and Land Resources under the Stormwater
Management Regulations.
The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the stormwater management permit.
These covenants are to run with the land and be binding on all persons and
parties claiming under them.

orenua vi...iernmoi,s,w uiiswicic Lou.ky. Register of Deeds 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.
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.
The maximum allowable built-upon area per lot is defined in the Stormwater
Management Permit Number SW8 190102. 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.
A 50 foot wide vegetated setback must be provided and maintained in grass
or other vegetation adjacent to all surface waters as shown on the approved plans
attached as Exhibit A. The set back is measured horizontally from the normal pool
elevation of impounded structures, from the top of bank of each side of streams or
rivers, and from the mean high waterline of tidal water, perpendicular to the
shoreline.
ARTICLE VIII
ENFORCEMENT AND REMEDIES
SECTION 1.Enforcement and Remedies.The covenants and restrictions of this
Declaration shall inure to the benefit of and be enforceable(by proceedings at law or in
equity)by the Association,or the Owner of any Lot,their respective legal representatives,
heirs,successors and assigns.The Executive Board shall be entitled to enforce its Articles of
Incorporation,Bylaws and Rules and Regulations.In addition to the remedies otherwise
provided for herein concerning the collection of Assessments,the following remedies shall
be available:
A. Association to Remedy Violation.In the event an Owner(or other occupant of a
Lot)is in violation of or fails to perform any maintenance or other activities required by this
Declaration,the Association's Bylaws,Charter or Rules and Regulations,the Executive
Board or its designee,after 30-days'notice,may enter upon the Lot and remedy the
violation or perform the required maintenance or other activities,ail at the expense of the
Owner.The full amount of the cost of remedying the violation or performing such

maintenance or other activities shall be chargeable to the Lot,including collection costs and
reasonable attorneys'fees. Such amounts shall be due and payable within 30 days after
Owner is billed.Ifnot paid within,said 30 day period,the amount thereof may immediately
be added to and become a part of the Annual Assessment levied against said Owner's Lot.
In the event that any maintenance activities are necessitated to any Common or Limited
Common Elements by the willful act or active or passive negligence of any Owner,his
family,guests,invitees or tenants,and the cost of such maintenance,repair or other activity
is not fully covered by insurance,then,at the sole discretion of the Board of Directors,the
cost of the same shall be the personal obligation of the Owner and if not paid to the
Association upon demand,may immediately be added to and become a part of the Annual
Assessment levied against said Owner's Lot.
B. Fines:The Association may in accordance with the procedures set forth in the
Act establish a schedule of and collect fines for the violation of this Declaration or of the.
Association's Articles of Incorporation,Bylaws or Rules and Regulations.If an Owner does
not pay the fine when due,the fine shall immediately become a part of and be added to the
Annual Assessment against the Owner's Lot and may be enforced by the Association as all
other Assessments provided for herein.
C. Suspension of Services and Privileges.The Association may in accordance with
the procedures set forth in the Act suspend all services and privileges provided by the
Association to an Owner(other than rights of access to Lots)for any period during which
any Assessments against the Owner's lot,remain unpaid for at least 30 days or for any
period that the Owner or the Owner's Lot is otherwise in violation of this Declaration or the
Association's Charter,Bylaws,or Rules and Regulations.
SECTION 2.IVfiscellaneous.Failure by the Association or by an Owner to enforce
any covenant or restriction herein contained shall in no event be deemed a waiver of the
right to do so thereafter.The remedies provided herein are cumulative and are in addition
to any other remedies provided by law.
ARTICLE IX.
GENERAL PROVISIONS
SECTION 1.Rights of Institutional Note Holders.Any institutional holder of a first
lien on a Lot will,upon request,be entitled to(a)inspect the books and records of the
Association during normal business hours,(b)receive an annual audited financial statement
of the Association within ninety(90)days following the end of its fiscal year,(c)receive
written notice of all meetings of the Association and right to designate a representative to
attend all such meetings,(d)receive written notice of any condemnation or casualty loss that

affects either a material portion of the Planned Community or the property securing its loan,
(e)receive written notice of any sixty-day(60)delinquency in the payment of Assessments
or charges owed by any Owner of any property which is security for the loan,(f)receive
written notice of a lapse,cancellation,or material modification of any insurance policy or
fidelity bond maintained by the Association,(g)receive written notice of any proposed
action that requires the content of a specified percentage of mortgage holders,and(h)be
furnished with a copy of any master insurance policy.
SECTION 2.Utility Service.Declarant reserves the right to subject the Property to
contracts for the installation of utilities,cable TV and street lighting,which may require an
initial payment and/or a continuing monthly payment by the Owner of each Lot.Each Lot
Owner will be required to pay for any water connections,sewer connections,impact fees
or any other charges imposed by any entity furnishing water,sewer or other utility service
to the Lots.In the alternative,the Developer may collect such connection,impact and
other fees,and charges directly from the Lot Owners.All Lot Owners shall be required,
for household purposes,to use water and sewer supplied by the companies/governmental
units servicing the Planned Community.Separate water systems for outside irrigation and
other outdoor uses shall be pemiitted so'long as the system is approved by the
Architectural Control Committee.
SECTION 3. Severability.Invalidation of any one of these covenants or restrictions
by judgment or court order shall in no way affect any other provisions which shall remain
in full force and effect.
SECTION 4.Amendment of Declaration.Except in cases of amendments that may
be executed by the Declarant under this Declaration or by certain Lot Owners under the
Act,this Declaration may be amended by affirmative vote or written agreement signed by
Owners of Lots to which at least sixty-seven percent(67%)of the votes in the Association
are allocated,or by the Declarant if necessary for the exercise of any Special Declarant
Right or development or other right reserved to the Declarant herein.
SECTION 5.FHA/VA Approval. So long as there is Class B membership,
annexation of Additional Properties,dedication of Common Elements and amendments
to this Declaration must be approved by the Federal Housing Administration and/or the
Department of Veterans Affairs,as the case may be,if either of those agencies has
approved the malting,insuring or guaranteeing of mortgage loans within the Planned Community.

SECTION 6.North Carolina Planned Community Act.It is the intent of the
Declarant to comply with the requirements imposed on the Planned Community by the
Act and to the extent any of the terms of this Declaration violate the Act,the terms of the
Act shall control.
IN TESTIMONY WHEREOF,Declarant has caused this Declaration to be signed
in its corporate name by its president pursuant to authority of Declarant's Board of
Directors as of the day and year first above written.
Hosier Daddy,LLC
A North Carolina limited liability company
By: a 4 4&
, Member-Manager
State of North Carolina
County of /l)ecc3 YlCpkl P r
I,the undersigned Notary Public of the County and State aforesaid,certify that
1-.1-410 P•e3tYYlC) personally came before me this day and acknowledged that she is the
Member-Manager of Hosier Daddy,LLC,and that by authority duly given and as the act of such
entity,he attested the foregoing instrument in its name on its behalf as its act and deed. Witness
my hand and Notarial stamp or seal,this J 7 day of June 2021.
1C)AJ lfr
Notary Public
MARIE VANDERBRINK
NOTARY PUBLIC
My Commission expires: NEW HANOVER COUNTY,
5)4;2_ My Commission Expires,Ai-f 7 alto

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