20081775 Ver 3_DCM Hold for Evergreen Horizons INC (Shady Shores S D)_20170404

Strickland, Bev
From: Bodnar, Gregg
Sent: Tuesday, April 04, 2017 11:34 AM
To: Scarbraugh, Anthony; [e-mail]; Spivey, Kelly
Subject: DCM Hold for Evergreen Horizons INC. (Shady Shores S/D)
Attachments: D00040417-04042017100958.pdf
Morning all,
I have attached the hold letter for DCM in response to DWR's hold for additional information. Let me know if
you receive any updates from the applicant/agent.
Thanks again,
G regg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
Gregg. [e-mail]
400 Commerce Ave
Morehead City, NC 28557
Compares]
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

EVERGREEN HORIZONS, INC.
April 26, 2017
Robert Tankard
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
943 Washington Square Mall
Washington, North Carolina 27889
RE: NOTICE OF VIOLATION AND RECOMMENDATION FOR ENFORCEMENT NOV-2017-0171
Mr. Tankard:
We are in receipt of your letter date March 27th, 2017 regarding the above named subject. This
letter shall address your concerns and provide information to you about the area in question,
and any remedies.
Over the months of February and March 2017, we contracted local crews to clean up a project
known as Cypress Shores. They were instructed to remove all dead and dying trees (both in the
Tar -Pamlico Buffer and elsewhere on the site), remove invasive vegetative species, specifically
multiflora rose (Rosa multiflora) and common reed (Phragmites australis), and repair water -
related structures.
Upon inspection of the site by DWR Staff on March 21, 2017, Mr. Scarbraugh observed cutting
in Zone 1 of the Tar -Pamlico buffer area. He subsequently sent a letter to us and our engineer
(Hood Richardson) stating his observations of his visit. Upon receipt of his letter, we
communicated via telephone and determined that there may be a violation situation and we
discuss ways to remedy this situation.
Attached is a map of the area in question, with the entire buffer area marked as the area of
concern and potential restoration areas.
In our conversations with Mr. Scarbraugh, we discussed deed notification language as one
portion of a remedy for future protection. Even though we were early in the discussion of the
16415 NORTHCROSS DRIVE ( SUITE B I HUNTERSVILLE, NC 28078
PHONE: [phone] FAX: [phone]

EVERGREEN HORIZONS, INC.
issues on the project, we agreed to insert the deed notification language in the project's
covenants as recording was only days away. Those recorded covenants are attached for your
reference, and the notification language appears on page 12 (recorded in the Beaufort County
register's office at Book 1927, Page 117). Please refer to paragraph 34(J). The Covenants also
preserve access by the Association to inspect the Buffers as needed through permanent
easements.
We also discussed restoring the buffer by allowing natural vegetation to regenerate. We
observed no soil disturbance, nor root damage in Zone 1 of the Buffer, so we determined that
natural regeneration of Zone 1 of the Buffer is a viable option. We believe the Buffer contains
sufficient stocking to ensure the buffer's function will be effective.
Further, prior to June 1St of each of the next five (5) years, we will provide a written report
detailing the status of the buffer, the stocking, the density, and any new damage or degradation
to the Division. This report will include pictures of relevant issues, if any. This report will
summarize Zone 1 of the Buffer, and identify any potential issues for Zone 2.
In addition to monitoring the natural regeneration of Zone 1 of the Buffer, we will install
signage at no less than 125' intervals along the Zone 1/Zone 2 buffer line which show the limits
of future vegetation management. A proof of this sign is attached for your reference and
should be installed by the end of May, 2017.
Should you have any questions or comments on our response or planned actions, please feel to
contac us. I hanki
7
Larry Bragg
Project Manager
Enclosures:
Original NOV
Survey of project with Zone 1 Delineated
Recorded Covenants (Book 1927 Page 106+ of the Beaufort County Registry)
Buffer Sign Proof (to be erected)
16415 NORTHCROSS DRIVE I SUITE B ! HUNTERSVILLE, NC 28078
PHONE: [phone] FAX: [phone]

Water Resources
Fnvironmental Quality
ROY COOPER
Governor
MICHAEL S, REGAN
&cretw v
S. JAY ZIMMERMAN
Director
March 27, 2017
CERTIFIED MAIL #7016 1370 0002 2184 6220
Evergreen Horizons, Inc.
Attn: Mr. Larry Bragg
16415 Northcross Drive
Huntersville, NC 28078
Dear Mr. Bragg:
Subject:NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2017-PC-0171
Shady Banks Subdivision
Tar -Pamlico River Riparian Buffer
Beaufort County
This letter is to notify you that the Washington Regional Office of the Division of Water Resources (DWR) is
considering taking an enforcement action for violations observed during recent site visit by staff from the
DWR Washington Regional Office. On March 21, 2017, Anthony Scarbraugh observed removal of
understory and mature vegetation on multiple lots on the subject property. The property is located
approximately 0.15 miles southwest of intersection of River Road and Cypress Shores Road near Town of
Washington, Beaufort County. The property has two unnamed tributaries (Uts) of Pamlico River, which is
in the Tar -Pamlico River Basin and is therefore subject to the Tar -Pamlico River Riparian Buffer Rules.
During the site visit, the investigator observed impacts to Zone 1 of the riparian buffer adjacent to the Uts
(primary and secondary navigation canals on the attached map) to Pamlico River from lot clearing
activities. Impacts consisted of removal of understory and mature trees impacting approximately 820
linear feet of Zone 1 on Ut #1 (primary canal) and 745 linear feet on Ut #2(secondary canal).
As a result of the site inspection and file review, the following violation, detailed below, are noted:
(1) Tar -Pamlico River Riparian Buffer Violation -Vegetation Removal
1) Tar -Pamlico River Buffer Violation (15A NCAC 02B.0259(2))
The riparian buffer extends fifty feet landward of normal water line from any feature that shows as a
surface water on either the soil survey map prepared by the Natural Resource Conservation Service of
the United States Department of Agriculture or the most recent version of the 1:24000 scale quadrangle
topographic maps prepared by the United States Geographic Survey (USGS) in buffered counties. The
purpose of these rules is to protect and preserve riparian buffers in the Tar -Pamlico River Basin to -
maintain the nutrient removal functions of the streamside areas necessary to protect surface waters.
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

SHADY SHORES SUBDIVISION
BEAU FO RT COUNTY
Page 2 of 3
Specifically, this Rule applies to the 50 -foot wide riparian buffers directly adjacent to surface waters
in the Tar -Pamlico River Basin (intermittent streams, perennial streams, lakes, ponds, and estuaries).
Further, the protected riparian buffer has two zones as follows: (a) Zone 1 [measured from the most
landward limit of the normal high water level and normal water level extending landward a distance
of 30 feet] shall consist of a vegetated area that is undisturbed except for uses provided for in
Subparagraph (6) of 15A NCAC 213 .0259, and (b) Zone 2 [the outer 20 feet, landward from the outer
edge of Zone 1] shall consist of a stable vegetated area that is undisturbed except for activities and
uses provided for in Subparagraph (6) of 15A NCAC 2B .0259. Any activity within the riparian buffer
other than those uses listed as "Exempt" requires approval from the DWR. A file review has confirmed
that no approval was sought or given for the impacts to previously described areas as unauthorized.
Specifically, the inspection revealed that understory and mature vegetation were mechanically
removed within the Tar -Pamlico River Riparian Buffer impacting approximately 1,565 linear feet of
Zone 1.
Requested Response
This Office requests that you respond to this letter in writing within 30 calendar days of receipt of this
Notice. Your response should be sent to this office at the letterhead address. Your response should
address the following items:
J1. Please explain when construction (excavation, grubbing, and clearing) began at the site.
J2. A map of the restoration site. (This would be a plat of the property indicating the total area
of buffer and subsequent restoration areas delineated).
3. Deed Notification Language. It is required that a deed notification be placed on respective
property, in order to ensure the riparian restoration is successful (and no interim removal of
vegetation occurs) and access to lot is available in order to conduct necessary planting or
maintenance (that may be required during the restoration monitoring period). Deed
notification should assure compliance with NC Administrative Code 15A NCAC 2B .0259 Tar -
Pamlico River Riparian Buffer Rules, site the width and location of the riparian buffer, convey
restrictions on the Buffer Area, name the enforcing and permitting agency (DWR), and explain
the binding nature of this notification to any present or future owners. Please provide
proposed deed notification language for review. For your convenience an example of a deed
notification can be - found at: http://ncdenr.s3.amazonaws.com/s3fs-
public/Water%20Quality/Surface%20Water%20Protection/401/Certs%20and%20Permits/sa
mple deed notification.pdf.
4. Please submit the following documents for review and approval:
,• a. Riparian Buffer Restoration Plan is required to address the cutting and removal of the
buffer vegetation as described above. This planting plan must be developed such that at
least two native tree species are to be planted at a density sufficient to provide 260 trees
per acre at maturity. This density can be achieved by planting approximately 360 (11 x 11
feet spacing) to 538 (9 x 9 feet spacing) trees per acre. Restoration of trees/shrubs/forest
must be completed by the first subsequent planting season (November 1 through March

SHADY SHORES SUBDIVISION
BEAU FORT COUNTY
Page 3 of 3
30). Note, if the tree plantings do not survive, they will need to be replaced such that the
density is sufficient to provide 320 trees per acre at maturity. As a part of this plan, your
response must include an implementation/planting schedule with clear dates. This can be
achieved by planting wooded stemmed vegetation as described in Guidelines for Riparian
Buffer Restoration provided online (http://www.nceep.net/news/reports/buffers.pdfor
allowing the natural vegetation to regenerate.
b. Specifications for physical and biological monitoring will be required for Buffer Restoration
Areas for 5 five years (5 years of monitoring with a written report provided to the Regionai
Office by June 1 of each year).
5, Finally, you should include in your response an explanation of how you propose to prevent
r these problems from reoccurring on this project and on future projects.
****You are encouraged to secure a consultant to assist you with your plan development, permit,
certification and authorization necessary to achieve compliance.****
Thank you for your attention to this matter. DWR requires that the violations, as detailed above, be
abated immediately and properly resolved. This Office is considering sending a recommendation for
enforcement to the Director of the Division of Water Resources and/or an injunction request to the
Attorney General's Office regarding the ongoing violations on your site.
Pursuant to G.S. 143-215.6A, the above mentioned violations and any future violations are subject to a
civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Pursuant to G.S.
143-215.6C, DWR can request injunctive relief through the courts to obtain compliance on the site. Your
above-mentioned response to this correspondence, the degree and extent of harm to the environment
and the duration and gravity of the violation(s) will be considered in any further process that may occur.
Should you have any questions regarding these matters, please contact Anthony Scarbraugh at (252) 948-
3924 or myself at [phone].
Sincerely, ro_q
?1_�
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosure: Tar -Pamlico River Riparian Buffer Rules
cc: WaRO Files
Shelton Sullivan -401 & Buffer Permitting Unit
Kelly Spivey, DCM WaRO
Hood Richardson, Hood Richardson, P.A. (email: [e-mail])

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z� 06
FOR REGISTRATION REGISTER OF DEEDS
Jannifer Leggett Whitehurst
Beaufort County, NC
April 19, 2017 11:17:50 Aft
Book 1927 Page 106-122
FEE: $34.00
INSTRUMENT # 2017001974
DECLARATION OF RES'T'RICTIVE COVENANTS, EASEMENTS, AND CONDITIONS
FOR HARBOR POINTE RETREAT AT CYPRESS SHORES, A SUBDIVISION
THIS DECLARATION made this the 13�' day of April, 2017, by Evergreen Horizons, Inc., a North
Carolina Company (hereinafter referred to as "Declarant");
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property more particularly described in Deed Book
1915, Page 738 of the Beaufort County Registry and formerly known as "Cypress Shores on the
Pamlico" also known as "Harbor Pointe Retreat at Cypress Shores". Said property is further described
in Plat Cabinet H, Pages 73-1, 73-2, 73-3, 73-4 and 73-5, all of the Beaufort County Registry; and
WHEREAS, it is in the best interest of Declarant and to the benefit, interest, and advantage of
every party hereafter acquiring any portion of the described property that certain covenants,
conditions, easements, assessments, liens, and restrictions governing and regulating the use and
occupancy of such property be established; and
WHEREAS, Declarant intends by this instrument to create certain covenants, easements,
conditions and restrictions upon said property which shall henceforth be binding upon it, it's heirs,
successors and assigns, and upon future owners of lots lying with the Development hereby designated
as "Harbor Pointe Retreat at Cypress Shores" and covered by the terms and conditions of this
Declaration; and
WHEREAS, Declarant has or will cause to be incorporated under the laws of the State of
North Carolina a nonprofit corporation which shall be named "Cypress Shores Property Owners
Association, Inc." (hereinafter, the "Association"), for the purpose of performing the activities and
exercising the functions granted to the Association as set forth or contained in this Declaration, its
Bylaws, and its Articles of Incorporation;

1K1927PG107
NOW THEREFORE, the Declarant hereby declares that the real property described herein
is and shall be held, transferred, sold and conveyed subject to the Covenants herein set forth, and
that all of the property referenced above shall be and is hereby subject to the following
restrictions, covenants, conditions, easements, assessments, and liens relating to the use and
occupancy thereof, which shall be construed as and constitute covenants running with the land
which shall be binding on all parties acquiring any right, title or interest in any of such property
and which shall inure to the benefit of each owner of any portion thereof.
The provisions of this Declaration are intended to create mutual and equitable servitudes upon
each of the Lots in favor of each and all other Lots; to create reciprocal rights between the
respective Owners of all of the Lots; to create privity of contract and privity of estate between the
Owners of the Lots, their heirs, successors and assigns, and to operate as covenants running with
the land for the benefit of each and all other Lots and parcels in the Subdivision and their
respective Owners, present and future.
DEFINITIONS
The following terms used in this Declaration are defined as follows:
A) "Association" shall mean and refer to Cypress Shores Property Owners Association, Inc., as
more fully defined herein below.
B) 'Buildout" shall mean and refer to the date upon which the first of the following events occur:
(i) the date which there has been a Residential Unit constructed on each Lot contemplated to
be in the community and each Lot in the Community has been conveyed to a Person for
residential occupancy; or (ii) a date established by the Declarant, in its sole discretion as
indicated by a written instrument filed of record in the Beaufort County Registry.
C) "Common Area(s)" shall mean all real and personal property, including easements, which the
Association owns, leases or otherwise holds possessory or use rights in for the common use
and enjoyment of the Owners.
D) "Declarant" shall mean and refer to Evergreen Horizons, Inc., its successors and assigns.
E) "Declarant Control Period" shall mean the period of time until 100% of the real property
within the Subdivision as described above have been transferred to the Association and/or sold
to Owners other than Builders.
F) "Lot" shall mean means any one or more of the Lots or other tracts or parcels created within
the Subdivision or added to the Subdivision. This definition shall specifically include the
land adjacent to Lot 19 labeled "Open Space Area for Homeowners Association' which is
hereby reclassified as Lot 27.
2

192716 108
G) "Owner" or "Lot Owner" shall mean and refer to any person, firm, corporation, other legal
entity, or combination thereof, other than the Declarant, who or which holds fee simple title to
any Lot.
H) "Plat" shall mean the above referenced recorded map cabinet and any other recorded map
cabinet showing any Lot or Lots within the Subdivision or any portion thereof, or any lands
added to the Subdivision.
I)"Quorum" shall mean and refer to 5% of Owners present at a called meeting of the
Association until such time the requirements are proscribed by the By -Laws of the
Association.
J) "Residential Unit" shall mean and refer to a residential dwelling for one or more than one
person, and if more than one person, persons related to each other by blood, marriage, or legal
adoption, or in the alternative, a group of not more than four adult persons not so related who
shall maintain a common household in such dwelling.
K) "Subdivision," "Properties," "Cypress Shores on the Pamlico," or "Harbor Pointe Retreat at
Cypress Shores" shall mean and refer to the real property described in Exhibit "A", and all
additions to such property as may be brought within the jurisdiction of the Association with the
exception of Lot 26.
BUILDING AND USE RESTRICTIONS
Each Lot shall be used for permanent residential purposes only, and no manufacturing
establishment, factory, public garage, sanitarium or hospital, motel, hotel, trailer park,
apartment building, condominium, multi -family housing building, or any building of
similar nature may be maintained on the same, and no unsanitary, offensive or unsightly
conditions shall be allowed thereon. No house trailer, mobile home, travel trailer,
manufactured home, enclosed garage or any type of temporary housing shall be placed or
located upon any Lot as a permanent residence. No modular dwelling or other fully or
partially pre -constructed dwelling may be placed on any Lot without the express prior
written permission of the Declarant or if after the Declarant Control Period ends, the
Association; provided, however, that camping is allowed for ten (10) days within a thirty
(30) day period, provided that professional grade camping equipment is utilized and well
maintained. No camper, tent, shed or temporary structure shall be permitted on the lot as a
permanent residence; however, such structures can be used for recreational purposes and
can only remain on the Lot for no more than ten (10) days a month unless stored in an
enclosed garage. No storage building, enclosed garage or ancillary building of any kind
may be constructed on any Lot until after primary residence is built.
A) Each principal residence constructed on any Lot shall consist of not less than 1,200
square feet of enclosed, finished, heated floor space. The landscaping and grassing of
each Lot shall be completed within 1 year from the time any construction begins on any
Lot. All exterior construction shall be completed within 1 year after it has commenced.

1K 1 927?G 109
Further, maximum allowable impervious areas are incorporated as Exhibit "B"
attached to this documents as a "Built Upon Table". Alteration of the drainage in the
subdivision may not take place without the concurrence of the North Carolina Division
of Water Quality.
No Lot may be re -subdivided, except by Declarant or if after the Declarant Control Period
ends, the Association. Only one Single Family Dwelling may be constructed per Lot. No
outbuildings of any kind may be constructed, except that for each Single -Family Dwelling
constructed, a detached garage may be constructed, and one small storage building may be
constructed as long as that matches the Single -Family Residence and does not exceed the Built
Upon Area established for the individual Lot by the North Carolina Division of Water Quality.
3. No Lot may be combined, except by permission of Declarant or if after the Declarant Control
Period ends, permission of the Association. Such Lots must be resurveyed and the survey
must be recorded in the Register of Deeds Office for Beaufort County, North Carolina. Any
Lot combined will only be assessed one HOA assessment.
4. All septic disposal systems shall be constructed and installed in accordance with the rules and
regulations of authorities in Beaufort County, North Carolina, as from time to time amended,
and no outside toilets shall be built upon any Lot except during active home construction.
5. No residence, building, or any other structure shall be built or maintained within ten (10) feet
from any side property line, thirty-five (3 5) feet from any front or rear property line, or as
specified on the above recorded survey, unless a variance is first obtained in writing from the
Declarant or if after the Declarant Control Period ends, the Association. This restriction shall
not apply with respect to the interior boundaries between Lots being improved as one unit. The
Lot Owner, by acceptance of a Deed, also accepts the Storm water requirements of the North
Carolina Division of Water. The front building line restriction shall not apply to Lot 27.
6. No Lot or any part thereof shall be used for a junk yard or for any unsightly or obnoxious
purposes. No items of personal property of any kind, except for operating licensed
noncommercial motor vehicles, may be kept or stored on any Lot outside the structures on the
Lot. Activities which may tend to cause disorderly, unsightly or unkempt conditions shall not
be pursued or undertaken on any Lot, or in any driveway, garage, carport, or other place where
such condition is visible from any road or from any other Lot. No derelict vehicles may be
kept on any lot unless kept in an enclosed garage. No more than one boat trailer may be kept
on the Lot at any time, unless in an enclosed garage. If a boat trailer is outside of the garage, it
must be tagged and titled by the North Carolina Department of Transportation, be in working
order, and not be unsightly.
8. All trash, garbage, and waste shall be kept in sanitary, closed receptacles. All garbage cans
and similar receptacles shall be kept in an enclosed or screened area, so that the same will not
be visible from other Lots in the Subdivision or roads in the Subdivision. No burning of
garbage shall be done or permitted on any Lot in the Subdivision.

Ut927?G110
9. No commercial breeding of any animal is permitted. No animals may be kept and maintained
on any Lot, except that this restriction shall not prohibit the keeping of no more than five usual
household pets such as dogs and cats, provided said usual household pets are at all times
confined to the Owner's Lot or are allowed outside the Owner's lot only in the presence of the
Owner. No animal may be maintained on any Lot if it makes such an amount of noise as to
frequently or habitually disturb Owners of other Lots.
10. It shall be the responsibility of each Lot Owner to maintain a 12" or larger drain tile on any
portion of his Lot where a driveway crosses or any other activity obstructs a drainage ditch.
All soil disturbing activities, including without limitation, grading house sites, constructing
driveways, and landscaping, regardless of their extent, must conform to prevailing laws and
regulations regarding erosion control, both during construction and afterward, and must not
impair the erosion control measures previously installed by the Declarant.
11. No commercial or business activities may be carried out on any Lot. This provision prohibits
the use of any dwelling as a lodging business, but shall not otherwise prohibit the leasing or
renting of any dwelling on any Lot for any length of time, and shall not prohibit in-home
businesses or offices that do not invite the general public upon the premises. Lodging
businesses may be allowed with Declarant approval, of which approval is in the sole discretion
of the Declarant.
12. It shall be the responsibility of each Lot Owner to provide adequate parking space for motor
vehicles on his or her Lot. Parking on the Subdivision roads or within the rights of way thereof
is prohibited. All parking areas and driveways on all Lots must be surfaced completely,
immediately upon installation, and thereafter maintained, with gravel, concrete, asphalt or other
appropriate paving material. No unlicensed or inoperable vehicles may be maintained or kept on
any Lot in the Subdivision, unless in an enclosed garage.
13. No fuel tanks or similar storage receptacles may be maintained on any Lot unless the same are
installed within a building, are buried under ground, or are otherwise installed so that they are
not visible from any place outside the Lot. Commercial wood harvesting is prohibited,
Excavation and selling of surface or subsurface material is prohibited.
14. No permanent or temporary antennae of any land for television, radio, shortwave, or any other
use may be erected, placed, maintained, or located upon any Lot without the express prior
written permission of the Declarant, and any antennae approved by the Declarant must be
installed, painted and maintained in such a way as may be from time to time provided by the
Declarant. The provisions of this restriction specifically include dish and saucer type antennae
larger than 18 inches in diameter. 18 inch dishes and under are specifically allowed.
15. No sign of any kind shall be displayed to the public view on any Lot, except a sign displaying
the owner's name and/or the property address or Lot number, or a sign advertising the property
for rent may be maintained. No "For Sale" signs shall be displayed on any Lot without the
Declarant's written permission.

M1927 11
16. Open, grassy areas such as lawns and meadows shall be mowed at least two times per year by
the Association. If a Lot Owner elects to not have the Association mow the grassy areas, then
the maintenance of the Lot will be the responsibility of the Lot Owner and the Lot shall be
kept in a clean, presentable, mowed condition.
17. No building constructed on any Lot shall have tar paper, asbestos, unfinished plywood or
roughhewn irregular edged type siding. No building constructed on any Lot shall have visible
concrete blocks, and any and all concrete blocks used in construction on any Lot shall be
covered with stone, brick, stucco, wood or similar siding. No residence or garage constructed
or placed on any Lot shall have metal siding. The residences or garage shall be covered with
wood, stone, brick, hardieplank or other natural material.
APPROVAL OF PLANS AND CONSTRUCTION
18, The Architectural Committee shall be composed of the Officers of Evergreen Horizons, Inc.
For purposes of these restrictions, the term Declarant or if after the Declarant Control Period
ends, the Association and Architectural Committee may be used interchangeably. In all
matters, a majority vote shall govern.
19. No improvements shall be erected, placed, altered or changed on any Lot in this subdivision
until and unless the building plans, specifications and plot plan showing the proposed type of
construction, exterior design, location of residence, walks, drives and fences have been
approved in writing by the Architectural Committee as to conformity and harmony of external
design and consistency of plan with existing residences on other Lots in the subdivision and as
to the location of the structure with respect to topography and finished ground elevation.
20. The Architectural Committee shall have the right to refuse to approve plans, specifications
and/or plot plans, taking into consideration the suitability of the proposed building or other
improvements, the materials of which it is to be built, whether or not it is in harmony with the
surroundings and the effect it will have on other residences already constructed or approved
for construction.
21. Prior to the commencement of any construction, each Lot Owner shall submit to the
Architectural Committee, in duplicate, plans, specifications and drawings, which shall contain
at a minimum:
A) Front, rear and side elevations;
B) Floor plan and proposed location of residence, walks, drives, garage, fences or other
improvements;
C) The area of heated floor space;
D) Exterior building material to include manufacturer, color and texture;
E) Exterior trim color;
F) Estimated completion dates of all construction and improvements;
G) Special treatment required to alleviate problems anticipated due to changes in
topography.
6

I927RGII
The documents and other information required to be submitted shall be delivered or mailed to
the Architectural Committee. One complete set shall be retained by the Architectural
Committee and the second complete set shall be returned to the applicant, with Architectural
Committee's approval or disapproval noted thereon.
22. In the event that the Architectural Committee fails to approve or disapprove such plans within
60 days after they have been submitted to it, such approval will be automatic. The terms
"building" or "improvements" shall be deemed to include the erection, placement or alteration
of any wall, fence, driveways or parking area, or any such construction undertaken subsequent
to initial construction.
21 The Architectural Committee is authorized to approve, waive or ratify in the construction or
alteration of any building or improvement, any violations of the setback, location and size of
improvements provisions of these restrictions if, in the opinion of the Architectural
Committee, such shall be necessary to prevent undue hardship or for other cause.
24. All construction by any Owner shall be performed by a licensed contractor or licensed
building contractor.
25. Once Construction is started, each Owner shall be responsible for insuring that such work
proceeds at orderly and timely pace, and according to the approved plans, with no stoppage of
work for more than 14 consecutive days to be condoned, acts of God excepted. All
construction shall be complete, including all exterior finishing, landscaping, hardscaping, and
driveways within 12 (twelve) months from beginning of construction.
26. The Declarant expressly reserves the right to assign any of the duties, powers, functions and
approval authority set forth herein to any assignee at Declarant's sole discretion.
EASEMENTS
27. Declarant reserves unto itself, its successors and assigns, and reserves and grants to the
Association, to Tidelands EMC, Beaufort County Water Authority and to all other public or
private utility companies, a perpetual, alienable, assignable and releasable easement and right
of way to install and use electrical and telephone wires, cables, and conduits, sewer lines,
septic systems, water mains, other suitable conduits and equipment for the transmission and
discharge of electricity, telephone, gas, water, sewer, cable television and other public
conveniences or utilities, including drainage and storm water discharge within all roadway
easements in the Subdivision and within the five (5) foot wide strip immediately inside the
boundary of each Lot; provided, in the event of the improvement of two (2) or more Lots as a
unit, such easement shall not exist with respect to interior Lot lines unless use of such
easement for such purposes has already begun. This reservation includes an easement and
right of way to install and use sewer lines from Lot(s) to septic systems located on nearby
Septic Lot(s).

�t7G���IT
By way of clarification and specific additional grant, the ten foot (10') wastewater easement
referenced on the subdivision survey that extends down Maple Lane along the front boundary
lines of Lots 15-19 is hereby specifically extended in the same ten foot (10') width beyond the
point marked "End Wastewater Easement" and continuing along the remaining portion of the
front boundary line of Lot 19 and along the front boundary line of the new Lot 27 as
referenced herein.
By reservation of said easements, the Declarant does not obligate itself or the Association to
provide any utility service to any Lot.
28. Declarant expressly reserves unto itself, its successors and assigns, the right to add additional
lands to the Subdivision and/or remove lands from the Subdivision, and if the Declarant does
add additional lands to the Subdivision and/or remove lands from the Subdivision, then the
definitions contained hereinabove of "Subdivision" shall be deemed to include the lands so
added and/or exclude the lands so removed and the definition contained hereinabove of "Lot"
shall include all Lots created within said additional lands and/or exclude all Lots removed
from said excluded lands. The right herein reserved to the Declarant, its successors and
assigns, to add additional lands to the Subdivision and/or remove lands from the Subdivision
may be exercised by it any number of times. Further, Declarant specifically reserves unto
itself, its successors and assigns, the right to burden the Subdivision roads, easements and
rights of way, by granting easements and rights of way over the same to serve and to be
appurtenant to lands added to the Subdivision and lands lying outside the boundaries of the
Subdivision. It is specifically the intent of the Declarant to reserve unto itself, its successors
and assigns, the right to establish additional easements and rights of way over the Subdivision
roads to serve any and all lands later added to the Subdivision and any and all Lots created
therein, and to serve lands lying outside the boundaries of the Subdivision. This reservation
shall continue until later of Buildout or the end of the Declarant Control Period.
29.. Declarant reserves unto itself, its successors and assigns, and declares for the benefit of the
Association, its successors and assigns, a perpetual easement for the erection, maintenance and
repair of subdivision signs upon any Lot which adjoins any public road, and within each
Subdivision easement, which easement shall include the right to erect, maintain and repair
walls and lighting at the site of the sign and to landscape the area in the vicinity of the sign.
This reservation shall continue until later of Buildout or the end of the Declarant Control
Period.
30. No Owner or subsequent Owner of any Lot may grant an easement or right of way across the
Lot for any reason or at any time to any person or entity other than the Declarant, its
successors and assigns, unless the same shall first be approved in writing by the Declarant, its
successors and assigns.
PROPERTY OWNERS ASSOCIATION AND ASSESSMENTS

1927f 14
31. During the Declarant Control Period, Declarant will cause to be incorporated under the laws
of the State of North Carolina a nonprofit corporation which shall be named "Cypress
Shores Property Owners Association, Inc. "(hereinafter, the "Association"), for the purpose
of performing the activities and exercising the functions granted to the Association as set
forth below:
A) Every person who is a record Owner of a fee or undivided fee interest in any Lot
which is subject to these covenants shall be a member of the Association and the
Association will be governed by a Board of Directors, appointed by the Declarant
or if after the Declarant Control Period ends, duly elected by the members.
B) There shall only be one class of membership and such membership 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
the Owners determine, but in no event shall more than one vote be cast with respect
to any lot, and further no fractional vote shall be cast with respect to any lot.
C) Each Lot and each Lot Owner shall be subject to all duly adopted articles, by-laws,
rules and regulations, and resolutions of the Association, as amended from time to
time. The bylaws of the Association are incorporated by reference herein.
32. Assessments.
A) The Association shall be entitled to collect dues on an annual basis, assessed
against each Lot in an amount determined by the Board of Directors.
B) The Association shall annually, assess each Lot Owner for his share of the costs and
expenses of the maintenance, repair and upkeep of the roads, other systems, facilities,
amenities, and common areas, the maintenance responsibility for which is that of the
Association. Payment of such assessments shall be due thirty (30) days after notice
thereof is sent. If not paid within said thirty (30) day period, such assessments shall be
deemed delinquent and shall commence bearing interest from such time at the rate of
eighteen (18%) percent per annum or the maximum allowed by North Carolina law.
C) If any delinquent assessment is placed in the hands of any attorney for collection, there
shall be added to the amount due all costs of collection, including all reasonable
attorneys' fees as allowed by law.
D) Any assessment levied against any Lot which so becomes delinquent shall
constitute a lien upon such Lot when filed of record in the office of Clerk of
Superior Court for Beaufort County, North Carolina, in the manner provided by
Article 2 of Chapter 44A, Statutory Liens on Real Property, of the North Carolina
General Statutes, or its successor statute. The lien shall include the amount of all
interest which accrues and continues to accrue upon the assessment, and shall include
the aforementioned costs of collection and attorney's fees. The claim of lien shall be

filed in the name of the Association. The Association shall have the right to
proceed in its own name in any court of competent jurisdiction. The claim of lien
may be foreclosed in a like manner as a mortgage on real estate under the Power of
Sale under Article 2A of Chapter 45 of the General Statutes.
E) All assessments, interest, costs and attorney's fees shall be and constitute the personal
joint and several obligations of each Lot Owner. The Association or any other Lot
Owner may bring an action against the Lot Owners in default to seek a money
judgment for the amount of the assessments, interests, costs of collection and attorney's
fees.
F) All Lots owned by the Declarant and/or an entity designated by Declarant owing said
Lots, if any, are exempt from said assessment. Non-profit organizations (organized
under 501(c) of the Internal Revenue Service) identified by Declarant are explicitly
exempt from assessments. This exemption shall carry to all subsequent non-profit
organizations who may hold title to any property, regardless if the Declarant has
identified these entities, or not as long as the Declarant has identified and exempted the
original entity. In no way shall any non-profit organization qualifying under this
exemption be assessed regular assessments, special assessments, or any other
requirement for contribution towards the Association. Any non-profit identified under
this provision, including successors and assigns, shall follow all components of this
covenant unless explicitly exempted by the Declarant.
INFRASTRUCTURE MAINTENANCE AND REPAIR
33. Subdivision Roads
A) The roads in Harbor Pointe Retreat at Cypress Shores are private roads and the
maintenance and upkeep of said roads shall be the responsibility of the Association.
Only the Declarant shall have the authority to name or change the name of roads in
the Subdivision. The Declarant shall have the right to convey real property to the
Association, or provide easements as necessary, for use as common areas for the
Association and all Lot Owners. The Association shall have as its primary function
the obligation to maintain and repair the roadways in the Subdivision and to maintain,
repair and take other necessary actions to maintain the entrance, ditches, drainage,
storm water discharge structures, or other in the Subdivision as are assigned to the
Association or as are conveyed by the Declarant to the Association. Each Lot shall be
assessed at $450.00 per year for the maintenance, repair and upkeep of the roadways
and other items maintained by the Association. The Association shall have such other
and further powers as may be adopted and set forth in its by-laws as may now be in
existence or may be adopted in the future, provided the Association may not
supersede its limitation as to the number of Lots for which it may assess the
Declarant. No representation or warranty is made concerning the construction of these
10

1Kt,927KIIi
roadways so as to be included in the State Secondary Road system, or that the State of
North Carolina will eventually assume maintenance of these roadways.
B) If any person damages the Subdivision roads or common properties for any reason, that
person shall be responsible for paying to repair the same to the original condition. Any
damage done by a Lot Owner, his or her guest(s), invitee(s), licensee(s) or
contractor(s), subcontractor(s), employee(s), or other working under the direction of a
Lot Owner shall be the responsibility of the Lot Owner and the Lot Owner is obligated
to repair any damage done.
C) The Declarant shall not have any responsibility to maintain the Subdivision roads
except in the manner of any other Lot Owner.
34. Storm Water Management,
The Declarant, until such time as the Declarant control period ends, will be responsible for the
maintenance of any storm water management swales, channels, and check dams and to see that
each Owner installs and maintains his driveway culvert in accordance with this Declaration.
Such maintenance shall include the removal of sediments within the swales and channels, re -
stabilization of the swales and channels at all times in such a way that it does not become an
eyesore or disturb the desired drainage patterns in the swale system. Furthermore, each Lot in
the subdivision is conveyed subject to the provisions of North Carolina Storm Water Runoff
Rules and incorporated herein by reference. The Storm Water Rules limits the maximum
square feet of built -upon area for each Lot.
The following covenants are intended to ensure ongoing compliance with State Storm Water
Management, they are as follows:
A) The following covenants are intended to ensure ongoing compliance with State Storm
Water Management Permit Number SW7081 110 (formally known as SW7071004), as
issued by the Division of Water Quality under NCAC 2H. 1000
13) The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Storm Water Management Permit.
C) These covenants are to run with the land and be binding on all persons and
parties claiming under them.
D) The covenants pertaining to storm water may not be altered or rescinded without the
express written consent of the State of North Carolina, Envision of Water Quality.
E) Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
F) The maximum built -upon area per lot is as shown on Exhibit "A" to the permit. 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, and coquina, but does not include raised, open
wood decking, or the water surface of swimming pools.
G) Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is
strictly prohibited by any persons.
H) Each lot will maintain a 50' wide vegetated buffer between all impervious areas and
surface waters.
I) All roof drains shall terminate at least 50' from the mean high water mark.
J) A portion of this lot has been determined to meet the requirements for designation as
a wetland, stream or protected stream buffer. Any subsequent fill or alteration of this
area shall conform to the requirements of the state rules adopted by the State of
North Carolina in force at the time of the proposed alteration. The intent of this
provision is to prevent additional wetland, stream or buffer filling or draining, so the
property owner should not assume that a future application for filling or draining
would be approved. The property owner shall report the name of the subdivision in
any application pertaining to said rules. This covenant is intended to ensure
continued compliance with all rules adopted by the State of North Carolina and
therefore the State of North Carolina may enforce benefits. This covenant is to run
with the land and shall be binding on all Parties and all persons claiming under them.
35. Boat Slips
A) Boat slips located in the common shall be appurtenant to the ownership of the
applicable Lot and shall only be assigned as provided below.
i. Once entered into between the Association and the Lot Owner, the relevant
Boat slip shall not be separated from the ownership of the Lot to which it is
appurtenant but rather, shall run with the title to such Lot unless and until such
Boat slip is assigned by the Lot Owner to another Lot Owner or the
Association.
ii. However, at no time shall the Boat slip be transferred, sold or assigned to any
person who is not an Owner as defined by Article I, Section 1 (G) of this
Declaration.
iii. Common Area boat slips located in the marina are private and Cypress Shores
Property Owners Association will have the duty to repair, replace and maintain
these boat slips. The Declarant shall have the sole authority to enact rules of the
common area boat slips and the Association, its members and guests, are bound by
any rules established. The boat slip maintenance fee is $250 per year per boat slip.
12

9 -927?G i 18'
ENFORCEMENT AND AMENDMENT OF THE COVENANTS
35. Enforcement.
A) In the event of a violation or breach of any of these restrictive covenants by a Lot
Owner, the Association shall have the right to assess a penalty of $25.00 per
violation, per day if the violation or breach of said restrictive covenants is not
mitigated after 14 -days' notice to the Lot Owner. Payment of such assessments shall
be due thirty (30) days after notice thereof is sent. If not paid within said thirty (30)
day period, such assessments shall be deemed delinquent and shall commence bearing
interest from such time at the rate of eighteen (18%) percent per annum or the
maximum allowed by North Carolina law.
B) Any assessment levied against any Lot pursuant to Section 35 of this Declaration
shall constitute a lien upon such Lot when filed of record in the office of Clerk of
Superior Court for Beaufort County, North Carolina, in the manner provided by
Article 2 of Chapter 44A, Statutory Liens on Real Property, of the North Carolina
General Statutes, or its successor statute. The lien shall include the amount of all
interest which accrues and continues to accrue upon the assessment, and shall include
the aforementioned costs of collection and attorney's fees. The claim of lien shall be
filed in the name of the Association.
C) The Association shall have the power to enter a lot to abate or remove, using such
force as may be reasonably necessary, any structure, thing or condition which violates
these restrictive covenants. All costs of self-help or of otherwise enforcing these
restrictive covenants, including reasonable attorney's fees, shall be assessed against the
violating Owner.
D) In the event that a violation or breach of any of these restrictive covenants by a Lot
Owner, in the judgement of the Association, requires the involvement of an attorney
for purpose of enforcing these restrictive covenants, the offending Lot Owner shall be
responsible for all costs of enforcement, including all reasonable attorneys' fees as
allowed by law.
F) In the event of a violation or breach of any of these restrictive covenants by a Lot
Owner continues, it shall be lawful for the Association or any Lot Owner to prosecute
any proceeding at law of in equity to compel compliance by said Lot Owner with the
terms of these restrictive covenants
37. Amendments.
A) By Declarant. In addition to the specific amendment rights granted elsewhere in this
Declaration, during the Declarant Control Period, the Declarant may unilaterally
amend this Declaration for any purpose. Declarant may also unilaterally remove any
requirement herein as to any Unit. Thereafter, the Declarant may unilaterally amend
13

r � R
this Declaration if such amendment is necessary (a) to bring any provision into
compliance with any applicable government statute, rule, regulation, or judicial
determination; (b) to enable any reputable title insurance company to issue title
insurance coverage on the Units; (c) to enable any institutional governmental lender,
purchaser, insurer, or guarantor of mortgage loans to make, purchase, insure, or
guarantee mortgage loans on the Units; or to satisfy the requirements of any local,
state, or federal governmental agency.
14

19-02716120
B) After the later of either Buildout or the end of the Declarant Control Period, this
Declaration may be amended by means of a duly recorded amendment signed by the
Owners of two-thirds (2/3) of the Lots subject to this Declaration. This Declaration
may also be amended by the Association by a two-thirds (2/3) majority vote of its
members at a duly called members meeting at which a quorum is present, and in such
event the appropriate officers of the Association shall record the proper amendment,
Signatures on following pages)
15

.'27 ! 2;
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, have hereunto set its hands
and seals this 13'' day of April, 2017.
Witnes
Evergreen Horizons, Inc.
By: Charles B. Payne,
Notary/Witness:
STATE OF NORTH CAROLINA
ACKNOWLEDGEMENT
COUNTY OF MECKLENBURG
I, Michelle Bluhm, a Notary Public of the County and State aforesaid, certify that the above-named
Charles B. Payne, authorized agent of Evergreen Horizons, Inc., personally appeared before me this
day and acknowledged the execution of the foregoing Declaration of Restrictive Covenants.
Witness my hand and official stamp this 13th day of April, 2017.
0" �4 U" --L,
Notary Public for North Carolina
Michel* Skjhm
NOTARY My commission expires: October 2, 2021,8 minty
North Caroma
My C.ommUslon Expires on October 2, 2021
16

01.927% 122
EXHIBIT "A"
HARBOR POINTE RETREAT AT CYPRESS SHORES, BEAUFORT COUNTY, NC
ALLOWABLE IMPERVIOUS AREA BY LOT NUMBER
Old Lot #
Bloch
NEW LOT #
Impervious Sq. Ft.
1A
BLOCK A
1
4,600
2A
2
4,400
3A
3
4,400
4A
4
4,600
5A
5
4,600
6A
6
4,600
7A
7
4,600
8A
8
4,600
8A -A
8A
9A
9
4,400
10A
10
4,800
11A
11
4,800
12A
12
4,800
13A
13
4,800
14A
14
4,800
15B
BLOCK 6
15
4,400
16B
16
4,400
178
17
4,400
18B
18
4,400
19B
19
4,400
20B
20
4,650
21B
21
4,800
22B
22
7,200
23C
BLOCK C
23
4,400
24C
24
4,800
25C
j
25 I
4,400
26C
-� a
26 -'�
�- 4,400
Open Area
27
4,400
SD
BLOCK D
Pelican
9,663
2D
Sea Horse
9,663
3D
Sea Turtle
9,663
4D
Starfish
9,663
5D
Blue Crab
9,663

Proof of signage to be installed on the limit of Zone 1/Zone 2 of the Buffer
througout the project.
0
IIAKBOK POINT1 KETKIFAT
AT CYPRESS SHORES
TAR=PAMLICO
BUFFER
MACHINERY, DUMPING
OR CUTTING ANY
VEGETATION IS
PROHIBITED
UNDER 15A NCAC 02B.0259
11"
17"

Coastal Meet
ENVIRONMENTAL QUALITY
April 4, 2017
Evergreen Horizons Inc.
Larry Bragg
16415 Northcross Dr.
Huntersville, NC 28078
ROY COOPER
Governor
MICHAEL S. RECAN
Secretary
y
BRAXTON C. DAVIS
Dire, -tor
SUBJECT: Coastal Area Management Act (LAMA) Permit Application Submittal for
Evergreen Horizons Inc. in Beaufort County
Dear Mr. Bragg:
This letter is in response to the above referenced CAMA permit application, which was accepted
as complete by the Division's Washington office on February 27, 2017. Processing of the
application is ongoing. However, it has been determined that additional information will be
required prior to the Division taking final action on your application. These required items are
summarized below:
1) In accordance with 15A NCAC 07H.0208(a)(2)(B), it is the policy of this Division that,
prior to taking final action on a project of this nature, a Water Quality Certification for
the proposed development must first be approved by the Division of Water Resources
(DWR). Based upon the attached hold for additional information from the DWR dated
March 27, 2017, it appears as though additional information from the applicant will be
required before a final decision on issuance of a Water Quality Certification can be made.
Therefore, it is necessary that processing of your permit application be placed in abeyance until
such time as the resource concerns are satisfied, the required information is provided to the
DWR, a Water Quality Certification is issued for the project, and a copy of the approval supplied
to this office.
State of North Carolina ( Environmental Quality I Coastal Management
Morehead City Office 1 400 Commerce Avenue ( Morehead City, NC 28557
252 808 2808

If you have any questions concerning these matters, please feel free to contact me by telephone
at [phone] extension 215, or by email at [e-mail]
Sincerely,
Gregg Bodnar
Division of Coastal Management
Assistant Major Permits Coordinator
CC:
Hood Richardson, Hood Richardson P.A. (via email: [e-mail])
Anthony Scarbraugh, DWR (via email)
Raleigh Bland, USACE (via email)
Washington DCM
State of North Carolina I Environmental Quality I Coastal Management
Morehead City Office 1400 Commerce Avenue I Morehead City, NC 28557
252 808 2808