SW8990533_Compliance Evaluation Inspection_20200819

STATE OF NORTH CAROILINA, Department of Environmental Quality,
127 Cardinal IDrive. Extension, Wilmington, North Carolina 28405 [phone]
FI LRACC ESS RIECORD
DEQ SECTION: Vk w JQi-
REVIEW TIME /DATE
NAME: _N ® �Mr;� EMAIL:
REPRESENTING: PHONE:
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily
available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry
out our day-to-day program obligations. Please read carefully the following guidelines signing the form:
Due to the large public demand for file access, we request that you call at least a day in advance to schedule an
appointment to review the files. Appointments will be scheduled between 9:00am and 3.00pm Viewing time ends at
4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision
is available.
You must specify files you want to review by facility name. The number of files that you may review at one time will
be limited to five.
3. Mai; ON Permits are issued out oftheCity District Office The COMPLETE'file is in the Morehead
Office and may.00ntam. additidnal information'ani /6r comments: which may not bd it the IWIRO file
4. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents.
Payment may be made by check, money order, or cash at the reception desk.
FILES MUST BE KEPT IN ORDER YOU FOUND TEEM. Files may not be taken from the office. To remove,
alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to
$500.00. No briefcases, large totes, etc. are permitted in the file review area.
6, •. :.%-'Necessary large plan copies can be scheduled with Cameron.Weaveri%, ncdem.tr� 919-796-7475 for a later date/time at
an offsite location at your expense. Large plan copies needed should be attached on top of the file. Allways Graphics
can be contacted to set up payment options Written quesii clay be left with thas completed l&M and ai °staff
member yc%tl! be en cointaet v►btir ypu ] you pr coptct p�ataon where indicated above.
7. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which
payment has been refused.
FACILITY NAME
L ' 40 ✓
4. 5; :R () i 1 11
Signature and Name of Firm/Business
COPIES MADE PAID
Date MM/DD/YY Time In
INVOICE
COUNTY
Time Out
G:/ADM/Shared/File Review Access Form rev 2018

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FILE ACCESS RECORD
SECTION
M EMATE 3 11DO -" zj: Q -9 wx 7/ �
NAME
REPRESENTING ADA
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in
our custody readily available to the public for review and copying. We also have the responsibility to the
public to safeguard these records and to carry out our day-to-day program obligations. Please read
carefully the following guidelines signing the form:
1. Due to the large public demand for file access, we request that you call at least a day in
advance to schedule an appointment to review the files. Appointments will be scheduled
between 9:00am and 3:00 m. Viewing time ends at 4:45pm. Anyone arriving without an
appointment may view the files to the extent that time and staff supervision is available.
2. You must specify files you want to review by facility name. The number of files that you
may review at one time will be limited to five.
3. You may make copies of a :file when the copier is not in use by the staff and if time permits.
Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the
reception desk. Copies totaling $5.00 or more can be invoiced for your convenience.
4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from
the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a
misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc, are
permitted in the file review area.
5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and
collected for checks on which payment has been refused.
FACILITY NAME
1. Do
2. -33
3. 00-0 03
4. 40
Se d ame of Firm/ usin ss pate
P e a ach a business card to this form .
COPIES MADE -4 P E5
S:Admin.file access
3'
Time In
INVOICE
COUNTY
Time Out

Q`�
,l�i�'Ar�`r C7f1 t�9
Compliance inspection Report
Permit: SW8990533 Effective: 10/18/99 Expiration:
County: Brunswick
Region: Wilmington
Contact Person: Jack G Stocks Title: Vp
Directions to Project:
Type of Project: State Stormwater - LID - Curb and Gutter
Drain Areas: 1 - (Jackeys Creek) (03-06-17) ( C;Sw)
On -Site Representative(s):
Related Permits:
Inspection Date: 11/2812012 Entry Time: 09:00 AM
Primary Inspector: Kelly Johnson
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
0 State Stormwater
(See attachment summary)
Owner: Jackeys Creek Development
Project: Jackeys Creek Phase II
Exit Time: 11:00 AM
Phone: [phone]
Phone: [phone]
Inspection Type: Compliance Evaluation
Page: 1

Permit: SW8990533 Owner - Project: Jackeys Creek Development
Inspection Date: 11/28/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
File Review
Is the permit active?
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation. & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment: File review only in response to inquiry Needed to document which lots
were covered. See attached map.
Yes No NA NE
Page: 2

5�
1E
�ZL
z
LU
r
e
.. ,.� gin...'.
O
L
41
O
}} Q.
f CL
l0
X
H
O
ii
r�i
kCy
w9
Pro
tf'q
lu
c;
{
00
in
all
oil
IA
W
W
Vyqq
`41
oft
6.
C1
N
O
i�
M
O
O
O
\
N
\
N
ram-!
N
X-4
M
�--I
M
rq
R*
N
Ln
t0
w
00
Q1
O
u1
00
m
O
O
00
00
00
00
N
N
N
c

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD
Ao
SECTION —
SWP/� DATE/TIME
NAME REPRESENTING
Guidelines for Access: The staff of the Regional Office is dedicated to making public records in
our custody readily available to the public for review and copying. We also have the responsibility
to the public to safeguard these records and to carry out our day-to-day program obligations.
Please read carefully the following before signing the form.
1. Due to the large public demand for file access, we request that you call at least a day in
advance to schedule an appointment for file review so you can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45
a.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2. You must specify files you want to review by facility name or incident number, as
appropriate. The number of files that you may review at one appointment will be limited to
five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
Cost per copy is 2.5 cents for ALL copies if you make more than 25 copies: there is no
charge for 25 or less copies. Payment is to be made by check, money order, or cash in the
administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases, large totes, etc. are permitted in the file review area To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to
reviewing files.
FACILITY NAME COUNTY
2.
3. epDoe. 0
4.
5.
Q A
2/ u & J5 () g12
Signat r /Name of Firm or Busi ss Date Time In Time Out
(Please attach business cam to form if available)
a
# Copes: r7 Amt..Pd:

TRIPP ENGINEERING, P.C.
419 Chestnut Street RECEIVE
Wilmington, North Carolina 28401 JUN 0 6 2001
Phone: [phone] • FAX: [phone]
BY:
June 5, 2001
NCDENR
Division of Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Mr. Scott Vinson
Re: Jackey's Creek Subdivision, Phase II
SW8 990533
Brunswick County, NC
TE 99053
Dear Scott:
This will confirm our recent site visit wherein we discussed closing a portion of an
existing 18" storm drain. We would force runoff to overflow the upper inlet, sheet flow
overland to the lower drain inlet, and flow through a remaining section of 18" storm drain
at the existing outfall.
Please contact us if you have questions, comments or if you need any additional
information. Thank you.
Sincerely,
Tripp Engineerin , P.C.
RA. - I : ;I
Phillip G. Tripp4-P.
PGT:dcb
Enc.

06/05/2001 15:50 9107635631 TRIPP ENGINEERING
41 TR p ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: (910) 763_5100 . FAY': "'9+v) 763-5631
June 5, 2001
NCDENR
Division of Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Mr. Scott Vinson
Re: Jackey's Creek Subdivision, Phase .Q
SW8 990533
Brunswick County, NC
TE 99053
Dear Scott:
JUN 0 5 [uir i
PAGE 01
This will confirm our recent site visit wherein we discussed closing a portion of an
existing 18" storm drain. We would force runoff to overflow the upper inlet, sheet flow
overland to the lower drain inlet, and flow through a remaining section of 18" storm drain
at the existing outfall.
Please contact us if you have questions, comments or if you need any additional
information. Thank you.
Sincerely,
Tripp Engineerin , P.C.
0-0
Phillip G. Tripp, P. .
PGT: dcb
Enc.

06/05/2001 15:50 9107635631 TRIPP ENGINEERING PAGE 02
100 1 101
40'
1�
Fian
t
102 103 m 104
X
W
L /1
�mmm
P
1 w = 100,
81
STORM9PATER MANAGEMENT PLAN
CREEKS EDGE
AT JACwp.YS CREEK
BRDNSINICK COUNTY, NORTH CAROLINA
1
EXI
Rik
INV
TRIPP
419 Ches
W- ilmingtt
Phone 91 f
Fax 91 C
© 2001 TRIPP EN

06/05/2001 15:50 9107635631 TRIPP ENGINEERING PAGE 03
PROPOSED D.I. NO. 2
RIM 12.0
INV. 8.Ot
(MATCH EXIST. INVERT)
C.I. PLUG EXIST. 18" SD
64
°o°o``
0000d
ABANDON EXIST. 18" SD
PROPOSED D.I.. NO. 1
RIM 13.9 PLUG EXIST. 18" SD
INV. 11.Of
(MATCH EXIST. INVERT) EXISTING
SEMON A -A RIP RAP
TO REMAIN o o
1 = 30
I�,��` DATE 06�-05-01
ENGINEERING, P.
. - - •.`.'�C, DESIGN PGT
at Street �'°�r�•Av DRAWN MVL
North Carolina 28401 SEA L
163-5100 — y :c 17374 : �1
'63-5631 %•`�c'•!'•- '�•�� SHEET 1 of
RING. P_C_ 0

Job No. q 9`J'i!3
Ioc T 1 a 2001
Date: /b--I 7" 0/
TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] - FAX: [phone]
/� n'�LETTER OF TRANSMITTAL
j
To: � c-b' G► V I '
Attention: ode.L -Mala
r
Subject: �Q C,'.kni"'r Cj f e k— 10
&Aij 1 k�,n
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER
I am sending you: ()6 ATTACHED ( ) UNDER SEPARATE COVER
( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( ) Other
These are transmitted as checked below:
( ) For Approval (n() For Your Use ( ) Sign & Return ( ) Review
Remarks:
cc:

TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
September 27, 2000
NCDENR
Division of Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Mr. Rick Shiver
Re: Jackey's Creek Subdivision
SW8 990533
Brunswick County, NC
TE 99053
Dear Mr. Shiver
We. are in receipt of your September 18, 2000 Notice of Violation and offer the
following response as explanation.
Upon review of the files, it appears lackey's Creek was originally approved February
3, 1989 as a 125 lot single-family development, DEM No. 881211. Deed restrictions,
including an amendment prohibiting ditch closure and restricting impervious coverage, were
subsequently approved for use by your office on November 8, 1994, DEM No. 881211
(Revision). We enclose a copy for your use. As time has passed, the original deed
restrictions have been amended to adjust allowable impervious areas and add additional lot
numbers as they have been recorded. The following is a list of lot numbers and the allowable
per lot impervious for each.
1. Lot Nos. 1 through 18 15,000 sf/lot
2. Lot Nos. 19 through 108 7,500 sf/lot
We feel the original deed restrictions were adequate to protect the State and prevent
ditch closures. To further clarify, we are enclosing a copy of deed restrictions to be recorded
immediately upon your approval. Please note these include the statements "a" through "e" as
requested in the October 18, 1999 permit.
Please review for approval and contact us with questions, comments or if you need any
additional information. Thank you.
Sincerely,
Tripp Engineering, P.C.
N I - 7
Phillip G. Tripp, P
PGT:dcb

Draftsman: DAVID C. BAREFOOT
Elks Temple Building
P.O. Box 1766
Wilmington, N. C. 28402
STATE OF NORTH CAROLINA AMENDMENT TO
COUNTY OF BRUNSWICK DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
JACKEY' S CREEK PLANTATION
ALL PHASES
CREEKS EDGE AT JACKEY'S CREEK PLANTATION
ALL PHASES
KNOW ALL MEN BY THESE PRESENTS THAT:
JACKEY'S CREEK DEVELOPMENT, INC., a North Carolina corporation, (herein the
Declarant), heretofore executed and caused to be recorded in the Brunswick County Registry
("BCR"), a Declaration of Covenants, Conditions and Restrictions, Jackey's Creek Plantation,
Phase 2, in Book 1043 at Page 0084, BCR (the "Master Restrictions'; and an Amendment to
Declaration of Restrictions Jackey's Creek Plantation, Phases I -A, recorded in Book 1008 at Page
762, BCR; and thereafter, a Supplemental Declaration of Covenants, Conditions and Restrictions
(Creeks Edge, Phase I) recorded in Book 1055 at Page 120; a Supplemental Declaration of
Covenants, Conditions and Restrictions, Jackey's Creek Plantation , Phase 2-A, recorded in Book
1267 at Page 0656, BCR; a Supplemental Declaratin of Covenants, Conditions and Restrictions,
Creeks Edge, Phase 1A, recorded in Book 1267 at Page 658, BCR; a Second Supplemental
Declaration recorded in Book 1100 at Page 0387 (Creeks Edge Phase 2 and Creeks Edge Phase
2A); a Supplemental Declaration of Covenants, Conditions and Restrictions, Creeks Edge, Phases 3
and 4 at Jackey's Creek Plantation recorded in Book 1141 at Page 752 (the "Phase 3 & 4
Amendment"); (all herein collectively the "Declaration'); and
WHEREAS, the Master Restrictions provide in ARTICLE XII, GENERAL
PROVISIONS, SECTION 2, Enforcement of Stormwater Runoff Regulations., that the State of
North Carolina is made a beneficiary of the Declaration to the extent necessary to enforce its storm
water runoff regulations "as the same may be amended from time to time" (emphasis added); and
WHEREAS, the North Carolina Department of Environment and Natural Resources
("NCDENR") has amended its storm water runoff regulations and has directed that the Declarant
revise and clarify the Declaration to incorporate the ,revised storm water runoff regulations and to
make more definite and certain that the requirements of the revised storm water runoff regulations
which have been adopted since the recording of the Master Restrictions shall be applicable to all
108 lots in Jackey's Creek Plantation and Creeks Edge at Jackey's Creek Plantation; and the
Declarant has agreed so to do.
NOW, THEREFORE, the Declarant, in consideration of the premises and for the purpose
of clarifying the Declaration and complying with the orders of NCDENR, does hereby amend the
Declaration, to revise Article XII, Section 2 of the Master Restrictions by adding as a new
unnumbered paragraph after Section 2, the following provisions related to stormwater
management which shall be applicable to all 108 lots in Jackey's Creek Plantation , including all
lots in Creeks Edge at Jackey's Creek Plantation:
"It is expressly understood that all lots are and shall continue to be subject to appropriate
regulations by the State of North Carolina to protect the coastal environment. These regulations
include, without limitation, the following:
a. The allowable built -upon area per lot for Lots 12 through 18, inclusive, Jackey's Creek
Plantation, Phase 1A, shall be 15,000 square feet; for all other lots in Jackey's Creek
Plantation and Creeks the allowable built -upon area shall be 7,500 square feet. This
allotted amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right -of --way between the front lot line and the edge
of the pavement. Built -upon area includes, but is not limited to, structures, asphalt,

concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood
decking, or the water surface of swimming pools.
b. The covenants related to stormwater regulations may not be changed or deleted without
concurrence of the Division of Water Quality
c. Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is prohibited by
any persons.
d. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the
development is prohibited by any persons.]
e. A 30' vegetated buffer must be maintained between all built -upon area and the Mean
High Water line of surface waters.
The foregoing amendments shall run with the real property and be binding on all parties
having any right, title or interest in any lots in Jackey's Creek Plantation and Creeks Edge, Jackey's
Creek Plantation, or any part thereof, their heirs, successors and assigns, and shall inure to the
benefit of each owner thereof.
IN WITNESS WHEREOF, the Declarant has each caused this Amendment to be
executed in its corporate name and its corporate seal hereunto affixed by its duly authorized
officers, all as of this the _ day of September, 2000.
50 [corporat sQ
ia4 O�jc�'
+i:5
44 SEAL
ATTEST:
NC
Secretary
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
JACKEY' S CREEK DEVELOPMENT, INC.
By:
President
a Notary Public for the aforesaid County and
State, hereby certify that personally appeared before me this day
and acknowledged that he a is the Secretary of JACKEY'S CREEK
DEVELOPMENT, INC. a North Carolina corporation, and that by authority duly given and as the
act of said corporation, the foregoing instrument was signed in its name by its President, sealed
with its corporate seal, and attested by hi ersel its Secretary.
WITNESS my hand and seal this day of September, 2000
Notary Public
My Commission Expires: `1�•rnerrr••,,r•
A. C, j••.
c6o ••q,eC OOr6e i
(NO ARIARIA SEAL)
• A i !•., r A a.i
'00, OVER
• V �
�

STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The foregoing certificate of , Notary Public is certified to be
correct. This the day of 12000.
ROBERT J. ROBINSON
Register of Deeds -Brunswick County
Deputy/Assistant

ru
°
a
ra
c
M
Postage i
ru
:2-
Certified Fee
ru
Return Receipt Fee
(Endorsement Required)
0
O
Restricted Delivery Fee
(Endorsement Required)
CTotal
Postage & Fees
o
C7
C3
Street, Apt. No.; or Box
a
II
CI
Ciry, State, /P+4
t,�
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
/121-1 JA4,41 s ��
brvdI
t,[ A 1CtL
X Signat w &,4
❑ Agent
❑ Addressee
D. Is delivery address aiffnt m item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Servic
ertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number (Copy from service label) _
-Moo CXioeil ddL 512 0
PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hurst, or., Governor
Bill Holman, Secretary
Division of Water Quality
September 18, 2000
CERTIFIED MAIL ##7000 0600 0023 42301152
RETURN RECEIPT REQUESTED
Mr. Jack Stocks, Vice -President
Jackey's Creek Development
211 North Fifth Avenue
Wilmington, NC 28401
Dear Mr. Stocks:
v
NCDENk
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NOTICE OF VIOLATION AND NOTICE
OF RECOMMENDATION FOR
ENFORCEMENT
Jackey's Creek Subdivision, Phase II
Stormwater Permit No. SW8 990533
Brunswick County
On September 18, 2000, Wilmington Regional Office personnel performed a Compliance
Inspection of the project known as Jackey's Creek Subdivision, Phase II, located on NC Hwy 133,
approximately 5 miles south of intersection of US Hwy 17 & NC Hwy 133 in Brunswick County, North
Carolina. The inspection of the file was performed to determine the status of compliance with Stormwater
Permit Number SW8 990533, issued to Jackey's -Creek Development, Inc. on October 1.8, 1999.
The project has been found in violation of Stormwater Permit Number 990533, issued pursuant to
the requirements of 15A NCAC 2H.1000. The violations found are:
Failure to record proper and complete deed restrictions as required by the permit. The
permit reads as follows:
Section II. no.5
.?. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Of of the Register of Deeds prior to the sale of any lot.
Recorded deed restrictions must include, at a minimum, the following statements
related to stormwater management:
a. "The allowable built -upon area per lot is Lots 12-I8 @I 5, 000 ft
Lots 19-108 @7,500_ft , square feet. This allotted amount includes
any built -upon area constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot line and
the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, and
coquina, but does not include raised, open wood decking, or the
water surface o f swimming pools. "
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Mr. Stocks
September 18, 2000
Stormwater Permit No. SW8 990533
b. "The covenants pertaining to stormwater regulations may not be
changed or deleted without concurrence of the Division of Water
Quality. "
C. "Filling in, piping or altering any 3:1 vegetated conveyances
(ditches, swales, etc) associated with the development except for
average driveway crossings, is prohibited by any persons. "
d. "Filling in, piping or altering any designated 5:1 curb outlet Swale
associated with the development is prohibited by any persons. "
e. 'A 30'vegetated buffer must be maintained between all built -upon
area and the Mean High Water line ofsurface waters. "
2. Failure to submit a copy of the recorded deed restrictions within 30 days of the date of
recording. The permit reads as follows:
Section II, no.6
6. The permittee shall submit a copy of the recorded deed restrictions within 30 days
of the date of recording.
3. Failure to submit the appropriate certification of the project. The permit reads as follows:
Section II, no.7
7. The permittee must certify in writing that the project's stormwater controls, and
impervious surfaces have been constructed within substantial intent of the
approved plans and specifications. Any deviation from the approved plans must be
noted on the Certification. The permittee shall submit the Certification to the
Division within 30 days of completion of the project.
To correct these violations you must :
Provide a written "Plan of Action" which outlines the actions you will take to correct the
violation(s) and a time frame for completion of those actions, on or before October 18,
2000.
2. A copy of the deed restrictions for portions of Jackey's Creek Plantation was submitted
June 13, 2000. The submitted deeds were filed on the 18th day of September, 1997. The
deeds do not include the minimum statements "a." through "e." as listed above. The
submitted deeds include Lots 12-17 and multiple phases of "Creeks Edge". It is assumed
that portions of Jackey's Creek Subdivision, Phase II are made up of the different phases of
"Creeks Edge", however this is never clearly defined. Please submit a narrative clearly
defining how the submitted deeds are broken up to include all of the lots associated with
Phase Il, SW8 990533. (i.e. Lots 12-108.)
3. Since all of the lots in Phase II have been sold, please respond as to how items "a." through
"e." under Section II, no.5 will be enforced. As noted in the Compliance Inspection letter
dated May 30, 2000 item "d:" of the permit, "Filling in, piping or altering any designated
5:1 curb outlet Swale associated with the development is prohibited by any persons. ", has
already been violated by a homeowner. (The pipe is to be scheduled to be removed.) If the
proper deeds were recorded this violation may not have occurred. Also if the deeds were
submitted to this Office within 30 days of recoding then the items missing from the
recorded deeds may have been noticed and brought to attention.
4. Please perform and submit the required certification as to the construction of the project in
accordance with the permitted plans as spelled out in Section II, no 7 of the permit.

Mr. Stocks
September 18, 2000
Stormwater Permit No. SW8 990533
Failure to provide the "Plan of Action" by October 18, 2000, or to correct the violations by the date
designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in
the initiation of enforcement action which may include recommendations for the assessment of civil and
criminal penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the Brunswick County Building Inspector, this Office is requesting that
the Building Inspector consider withholding building permits and Certificates of Occupancy for this
project until this matter is satisfactorily resolved.
This letter is to notify you that the Wilmington Regional Office of the Division of Water Quality is
considering sending a recommendation for enforcement action to the Director of the Division of Water
Quality. If you have an explanation for this violation that you wish to present, please respond in writing to
me within ten (10) days following receipt of this Notice. Your explanation will be reviewed and if an
enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with
the enforcement package for his consideration.
If you have any questions concerning this matter, please call Mr. Scott Vinson at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS\sav: S:\WQS\STORMWAT\NOTICE\990533.SEP
cc: Phil Tripp, P.E.
Delaney Aycock, Brunswick County Building Inspections
S49964&aroft
Central Office

TRIPP ENGINEERING, P.C.
41 419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
r
June 13, 2000 ,JUN 1 3 2000
NCDENR By
Division of Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Mr. Scott Vinson
Re: Jackey's Creek Subdivision, Phase II
SW8 990533
Brunswick County, NC
TE 99053
Dear Scott:
In response to your compliance inspection report dated May 30, 2000, we offer the
following:
1. Enclosed you will find a copy of the deed restrictions.
2. This pipe will be removed and 1001f of 5:1 grassed swale will be provided.
3. Swale no. 2 will be stabilized in accordance with the approved seeding
specifications.
4. All 5:1 swales will be verified for 1001f compliance.
5. Enclosed you will find a stormwater application, low density supplement, curb
outlet supplement, and $420 application fee for Jackey's Creek Phase III.
Please contact us if you have questions, comments or if you need any additional
information. Thank you.
Sincerely,
Tripp Engineering, P.C.
el
Charles D. Cazier, E.I.
CDC:dcb
Enc.

STATE OF
NORTH
CAROLINA
Department fr ��
Secretary of state
To all whom these presents shall come, GGreetin
I, EI AINE F. , Secretary of State of the State
of North Carolina, do hereby certify the following and hereto
attached to be a true copy of
ARTICLES OF INCORPORATION
JACKEY'S CREEK P OLANTATION HOA, INC
the original of whit 'led in this office on the 18th day of
Se e
j'0\N & I
13 20 '�'� Q ���Joe
�G Sw�
P�� hand anal. � �� 99'as3�
Raleigh, d
/1my -
74 a,,, ee
Secretary of State

STATE OF
NORTH
CAR,OLINA
To all whom these presents &hail came, Greetings:
I, ELAM R MAR ELA T , ,secretary of State of the State
of North Carolina, do hereby certify the following and hereto
attached to be a true copy of
ARTICLES OF INCORPORATION
JACKEY'S CREEK P ®LANTATION HOA, INC.
the original of whit 'led in this office on the 18th day of
V
Se e
�W
E 0 SIV 16
00
W177VBSS WSSR&OP, I have hereunto set ni u
hand and aff a.ed my official seal at the City of
Raleigh, this 18th day of September, 1997.
Secnfary of State

��("zz-
STATE OF NORTK CAROLINA F I L E
07 ., Department of the Secretary of State C,44. O,OAV
` ° ' '� ARTICLES OF INCORPORATION
NONPROFIT CORPORATION 5tP 8 �9gj
EFFEC I ivt
Fl ANE F MARSST,. i .
SECRETARY OF ATE
Pursuant to §55A-2-02 of the General Statutes of North Carolina, theN(WA9Q(NP
incorporator(s) hereby submits) the following Articles of Incorporation for the purpose of
forming a nonprofit corporation:
1. The name of the corporation is: JACKEY'S CREEK PLANTATION IFiOA, INC.
2. _(Check only if applicable.) The corporation is a charitable or religious
corporation within the meaning of N.C.G.S. §55A-1-40(4)
3. The street address and county of the initial registered office and the principal
office of the corporation is:
Number and Street: 3901 Oleander Drive
City, State, Zip Code: Wilmington, NC 28405
County: New Hanover
4. The mailing address if different from the street address of the initial registered
office is:
Mailing address: Same.
5. The name of the initial registered agent is: A. V. Saffo
6. The name and address of each incorporator is as follows:
Jack B. Styles
211 Six Forks Road, Suite 2-04
Raleigh, NC, 27609
7. (Check either a or b below.)
a. x The corporation will have members.
b._The corporation will not have member,$.
S. The following shall apply regarding the distribution of the. corporation's assets upon its
dissolution:
In the event that the corporation shall be dissolved, the corporation shall adopt
a plan of dissolution in accordance with Article 14 of Chapter 55A of the
General Statutes of North Carolina, and in accordance with §65A-14-03
thereof, or any successor statute later adopted, and all assets of the corporation
shall be transferred or distributed in accordance with said plan of dissolution.
0

9. The purpose or purposes for which the Corporation is organized are;
a. to perform any and all acts necessary In the management of the affairs of the
property owners of th. su ;IA ioFy known as .lackey's Creek Plantation,
pursuant to the Declaration of Covenants, Conditions and Restricitons recorded
In Book 1043 at Page 0084 of the Brunswick County Registry, and all areas
subjected thereto by subsequent Declarations, including, without limitation,
-lackey's Creek Plantation Phase 11, Jackey's Creek Plantation, Phase Ii-A,
Creeks Edge at Jackey's Cook Plantation, Phases 1,11,111 and IV, maps of which
are duly recorded in BrunswicksCounty Registry (all of which are collectively
referred to as "Jockey's Creek Plantation"); to manage the affairs of the
Association; or any other activities designed to promote the welfare of the
Association; and to perform any other lawful act that the Board of Directors
may deem appropriate for the benefit of the Association.
b. To operate and rnanage common areas of Jockey's Creek Plantation (as deflned
above), if any, as shown on the various plats thereof duly recorded in the
Brunswick County Registry.
C. To engage in ary lawful act or activity permitted by N.C.G.S. Chapter 55A and
the applicable provisions of the Internal Revenue Code for a Corporation with
the above stated purpose.
10. Director ;; The nucr.ber of directors constituting the board of directors of the
corporation shall be provided in the by-laws of the corporation. The number of directors
constituting the initial board of directors shall be (3). The names and addresses of the persons
who shall serve as initial directors until their successors are elected or qualified are:
SAIS Ads
A.V. Saffo 3901 Oleander Drive
New# lanover County
Wilmington, NC 28403
Jack Stocks 211 N. 5th Street
New Hanover County
Wilmington, NC 28401
Jim Teac.haV 1430 Commonwealth Drive
New Hanover County
Wilmington, NC 28403
11 • Indernnlfioatton of 0 ;cers nd Directors In accordance with N.C.G.S. 455A-8-57, or
any successor statute Of sirnilar import later enacted, the corporation shall be liable for
indemnification of any directs; or officer or former director or officer of the corporation or any
person who may have se red at Its request as a director or officer of another
2
e

corporation,partnership, joint venture, truet or other enterprises against liabilities and
reasonable litigation expenses, Including attorneys fees, incurred by him In connection with
any action, suit, or proceeding in which he is made or threatened to be made a party by
reason of being or having been such director or officer, except in relation to matters a$ to
which shell be adjudged in such action, suit. or proceeding to have acted In bad faith or to
have been liable or guilty by reason or willful misconduct In indemnification authorized by this provision to performance of duty. shall be addition to that permitted f'by N.C. 5e
55A-8-50 through 55A-8-5i3, or any successor statute of similar import later enacted, and it
is further provided that the corporation shall also be liable for indemnification to the fullest
extent allowed under N.C.G.S. 155A-8-50 through §55A-8-56, or any successor statute of
similar import later enacted.
e
12. Elirninatsen et Erector 1 i.o,ai D To the fullest extent allowed by N.C.G.S. §55A-2-02
(b)($) and 155A-8-60, or any successor statute of similar import later enacted, except as
provided otherwlse therein, person serving as a director, trustee, or officer of the corporation
shall be immune individually from civil liability or monetary damages, except to the extent
covered by Insurance, for any act or failure to act arisin
liabilityg out of this service, and any such
therein. is hereby eliminated to the fullest extent which May be accomplished as provided
13. Notwithstanding any other provision of these articles,
this except to an insubstantial degree, engage in any activities or exercise any s t ate r not,
in furtherance of the purposes of this corporation. Y Powers that are not
14. The qualifications for membership in the corporation, and the voting rights of its
members, shall be delineated in the Covenants,
at Jackey's Creek Plantation, duly recorded In the Brunswick Countyions, andrRegistry and in
tof he by-
laws
of the corporation, and the members of the corporation shall have only such voting rights
as may be provided in such instruments.
16. These articles will be effective upon filing, unless a date and/or time is specified.
This is the L day of September, 1997.
a
.:w+o�cic erggC twlj��o-Na,
4
AC B. STYLES, 114 ORPOi;ATQR
3
0

OKI043 PGO084
50
T01 I
STATE OF NOWHIOCAROLINA a�.b1
0
DECLAInTh O�'g� OVE ANTS
CONDITION0 CT IONS
COUNTY OF B SWICK4 JA'CKEY' S` CREE{}TTA.TION
THIS DECLARATION, made thec�'�day of July, 1995, by JACKEY'S
CREEK DEVELOPMENT, INC., a North Carolina Corporation, hereinafter
referred to as "Declarant" (whether one or more);
W I T N E S S E T H:
Whereas, Declarant is the owner of certain real property in
Brunswick County, North Carolina, (hereinafter referred to as the
"Property") which is more particularly described as follows:
BEING all of Lot 12 through 17 of JACKEY'S CREEK
PLANTATION, Phase 2, as shown on the plat thereof
recorded in Map Cabinet Z, Page 308 in the Office of the
Register of Deeds of Brunswick County, North Carolina, to
which plat reference is hereby made for a more particular
description.
Now, therefore, Declarant hereby declares that all of the
Property described above shall be held, sold and conveyed subject
to the following easements, restrictions, covenants, and
conditions, which are for the purpose of protecting the value and
desirability of, and which shall run with the real property and be
binding on all parties having any right, title or interest in the
described Property or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I.
DEFINITIONS
SECTION 1. Association shall mean and refer to JACKEY'S
CREEK PLANTATION, HOA, Inc., a North Carolina non-profit
corporation, its successors and assigns, the owners association
organized or to be organized for the mutual benefit and protection
of the Property. All property owners of lots in JACKEY'S CREEK
PLANTATION, Phase 2, and any areas or lands hereafter developed and
subjected to this Declaration, if any, shall be members of the
Association, which membership shall be appurtenant to and may not
be separated from the ownership of such single family lot.
SECTION 2. Owner shall mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title to
any lot which is a part of the Property, including contract
sellers, but excluding those having such interest merely as
security for the performance of an obligation.
SECTION 3. Property shall mean and refer to all of
JACKEY'S CREEK PLANTATION, Phase 2, Subdivision as shown upon the
recorded plat described above, and any of the additional Property
that may hereafter be brought within the jurisdiction of the
Association as herein provided.
SECTION 4. Additional Properties shall mean and refer to
any lands which are now owned or may be hereafter acquired or
developed by Declarant and annexed to and made a part of the
Property by the Declarant and subjected to this Declaration without
the assent or vote of the Owners of lots as hereinafter provided.
The annexation of such Additional. Property shall become effective
by the recording by the Declarant of a supplemental declaration for
each new section or phase annexed.
SECTION 5. Built Upon Area. shall mean that portion of
each lot that is covered by impervious or partially impervious
cover, including building, pavement, recreational facilities, etc.,
but not including decking. The built upon area for each lot shall

BK 1043 PGO085
not exceed 10,000 square feet, unless and until the State of North
Carolina shall -revise its stormwater runoff regulations to permit
a greater built upon area for each lot.
SECTION 6. Common Area shall mean and refer to all real
property owned by the Association for the common use and enjoyment
of the Owners. The Common Area to be owned by the Association at
the time of the conveyance of the first lot shall be all the area
designated as "Common Area" on the plat of JACKEY'S CREEK
PLANTATION, Phase 2, if any, and such area or areas as may be so
designated on plats of future additional sections or phases of said
subdivision.
SECTION-7. Lot shall mean and refer to any numbered lot
shown upon the recorded plat of JACKEY'S CREEK PLANTATION, Phase 2,
and any such numbered lot shown upon a recorded plat of future
sections or phases of said subdivision.
SECTION 8. Declarant shall be used interchangeably with
Developer (which designations shall include singular, plural,
masculine and neuter as required by the context) to mean and refer
to Jackey's Creek Development, Inc., its successors and assigns, if
such successor or assigns should acquire undeveloped property from
the Declarant for the purpose of development.
SECTION 9. Declaration shall mean this Instrument as it
may be from time to time amended or supplemented.
SECTION 10. Membership shall mean and refer to the rights,
privileges, benefits, duties and obligations, which shall inure to
the benefit of and burden each member of the Association.
SECTION 11. Member shall mean and refer to every person or
entity who has a membership in the Association.
ARTICLE II.
PROPERTY RIGHTS
SECTION 1. -Owner's Easements of Enjoyment. Every Owner
shall have a right and easement of enjoyment in and to the Common
Area, if any, which shall be appurtenant to and shall pass with the
title to every Lot, subject to the following provisions:
A. The right of the Association to suspend the
voting rights and privileges by an Owner for
any period during which any assessment against
his Lot remains unpaid, and for a period not
to exceed sixty (60) days for any infraction
of the published rules and regulations;
B. The right of the Association to mortgage or
convey the Common Area, or to dedicate or
transfer all or part of the Common Area, if
any, to any public agency, authority, or
utility for such purposes and subject to such
conditions as may be agreed to by the members.
No such dedication or transfer shall be
effective until approved by vote of at least
two-thirds (2/3) of the members, excluding the
developer, as indicated in an instrument
executed. by the corporation and recorded in
the Brunswick County Registry.
C. The right of the Association to impose
regulations for the use and enjoyment of the
Common Area, if any, and improvements thereon,
which regulations may further restrict the use
of the Common Area.
2
RYAT,S, R0'B1NSON & SAFF0, P.C.
WILMINGTON. NORTH CAROLINA 28402-0135

BK 100 P00086
ARTICLE III.
EASEMENTS
SECTION I. Perpetual, alienable easements are reserved as
necessary in the Property and the Common Areas thereof for the
installation and maintenance of underground utilities and drainage
facilities.
SECTION 2. Declarant hereby reserves unto itself, its
successors and assigns, perpetual, alienable easements over all
streets and common areas as necessary to provide drainage, access,
ingress and egress, to the property adjoining JACKEY'S CREEK
PLANTATION, Phase 2 to the North, East, South or West, in the event
the Declarant, its successors or assigns should acquire or develop
any additional property whether or not such additional property is
annexed to this development as herein provided. The rights
reserved by Declarant under this paragraph, shall include also, but
are not limited to the right to use any retention pond for drainage
of such adjoining lands.
SECTION 3. An easement is hereby granted to all police, fire
protection, ambulance and all similar persons, companies or
agencies performing emergency services to enter ut)on the Lots,
streets, and common area in the performance of their duties.
SECTION 4. In case of any emergency or in case of any violation
of these restrictions originating in or threatening any Lot or the
common areas, regardless whether any Lot Owner is present at the
time of such emergency or violation, the Board of Directors or any
other person authorized by it, shall have the right to enter any
Lot for the purpose of enforcing these restrictions, remedying or
abating any nuisance or the causes of such emergency or violation,
and making any necessary repairs not performed by the Lot Owners.
Such right of entry shall be immediate, and shall not be deemed a
trespass, but shall be without liability to the Association or its
authorized representative, except for acts of gross negligence.
SECTION 5. The Declarant reserves unto itself, its successors
and assigns, a perpetual, alienable and releasable easement and
right, on, over and under the ground with men and equipment to
erect, maintain, inspect, repair and use electric and telephone
poles, wires, cables, conduits, sewers, water mains and other
suitable equipment for the conveyance and use of electricity,
telephone equipment, gas, sewer, water or other public conveniences
or utilities on, in or over each lot and such other areas as are
shown on the plat of the Property recorded or to be recorded in the
office of the Register of Deeds Of Brunswick County; provided
further, that the Declarant may cut drainways for surface water
whenever such action may appear to the Developer to be necessary in
order to maintain reasonable standards of health, safety and
appearance. These easements and rights expressly include the right
to cut any trees, bushes or shrubbery, make any grading of the
soil, or to take any other similar action reasonably necessary to
provide economical and safe utility installation and to maintain
reasonable standards of health, safety and appearance. It further
reserves the right to locate wells, pumping stations, and tanks
within residential areas on any walkway, or on any residential lot
now or subsequently designated for such use or to locate same upon
any lot with the permission of .the owner of such lot. Such rights
may be exercised by any licensee of the Declarant, but this
reservation shall not be considered an obligation of the Declarant
to provide or maintain any such utility or service.
SECTION 6. The Declaration reserves unto itself, its successors
and assigns, the right to subject the real property in this
Subdivision to a contract with Brunswick Electric (or other
electric utility company) for the installation of street lighting,
which contract requires a continuing monthly payment to the
3
R.YALS, R.OBTNSON & SAFF 0, P.C.
WILMINGTON. NORTH CAnOI.INA 2B402-013 7

01(10It3 ?00087
utility company by each residential customer for street lighting
service.
SECTION 7. All easements and rights described herein are
easements appurtenant, running with the land, and shall inure to
the benefit of and be binding on the undersigned, its heirs and
assigns, and any Owner, purchaser, mortgagee and other person
having an interest in said land, or any part or portion thereof,
regardless of whether or not reference to said easement is made in
the respective deeds of conveyance, or in any mortgage or trust
deed or other evidence of obligation, to the easements and rights
described in this Declaration.
ARTICLE IV.
UTILITIES
SECTION 1. Water Service. Water Service for JACKEY'S CREEK
PLANTATION, Phase 2, and any additional phases or sections annexed
and subjected hereto, shall be provided by Leland Sanitary District
(Brunswick County), its successors or assigns. No lot owner may
drill or otherwise construct a water well on any lot in JACKEY'S
CREEK PLANTATION, Phase 2, or use any other source of water supply
for household use, except for irrigation purposes,"and then only
with the consent of the Leland Sanitary District, its successors
or assigns.
SECTION 2. Sewer Service. Each lot owner or purchaser of a lot
in Jackey's Creek. Plantation, Phase 2, and any additional lands
annexed and subjected hereto shall install and maintain, at his
expense, a septic tank system to service sewage effluent for his
lot until such time that sewer is made available to service the
Property by the' Town of Belville Sewer System. Declarant makes no
warranty or representation that such sewer will be made available
by the Town of Belville.
ARTICLE V.
MEMBERSHIP AND VOTING RIGHTS
SECTION 1. Every Owner of a lot in the Property shall be a
member of the Association. Membership shall be appurtenant to and
may not be separated from ownership of any lot.
SECTION 2. Each member shall be entitled to one vote in the
affairs of the Association 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 among
themselves determined, but in no event shall more than one (1) vote
be cast with respect to any lot.
ARTICLE VI.
MANAGEMENT AND CONTROL
Management of the affairs of the Association shall be the right
and responsibility of its Board of Directors in accordance with the
Declaration and the By -Laws; PROVIDED, HOWEVER, that all of the
powers and duties of the Board of Directors may be exercised by the
Declarant until such time as..90. of the lots in JACKEY'S CREEK
PLANTATION, Phase 2, and 90% of the undeveloped property in
adjoining sections owned by Declarant have been sold and conveyed
by the Declarant to purchasers or until December 31, 2005,
whichever occurs first. Management and control may be transferred
to the lot owners at any time but in all events, no later than 120
days after the happening of the ea.r.li.er of the above events.
4
RYALS, R.OBTNSON & SATE F0, P.C.
WILMINGTON. NORTH CAROLINA 28402-0135

EK 1043 PG0088
ARTICLE VII.
COVENANTS FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of
Assessments. The Declarant, for each lot owned within the
Property, hereby covenants, and each Owner of any lot by acceptance
of a deed therefrom, whether or not it shall be so expressed in
such deed, is deemed to covenant and agree to pay to the
Association:
A. Annual assessments or charges;
B. Special assessments for capital improvements,
such assessments to be established and
collected as hereinafter provided;
C. Insurance assessments; and
D. To the appropriate governing taxing authority,
a pro rata share of ad valorem taxes levied
against the Common Area, if any.
The annual, special and insurance assessments, together with
interest, costs and reasonable attorney's fees, shall be a charge
on the land and shall be a continuing lien upon the property
against which each assessment•is made. Each such assessment,
together with interest, costs and reasonable attorney's fees, shall
also be the personal obligation of the person who was the Owner of
such property at the time when the assessment fell due. The
personal obligation for delinquent assessments shall not pass to
his successors in title unless expressly assumed by them.
SECTION 2. Purpose of Assessments. The assessments levied by
the Association shall be used exclusively to- promote the
recreation, health, safety and welfare of the residents in the
Property and for the improvement and maintenance of all easements,
utilities and the Common Areas. The funds arising from said
assessments or charges, may be used for any or all of the following
purposes: Maintenance and improvements of the common areas,
streets, roads, drives, drainage and utility easements and rights
of way; and enforcing these restrictions; and, in addition, doing
any other things necessary or desirable in the opinion of the
Association to keep the property in neat and good order and to
provide for the health, welfare and safety of Owners and residents
of JACKEY'S CREEK PLANTATION, Phase 2.
SECTION 3. Annual Assessments. Annual assessments shall be in
an amount to be fixed from year to year by the Board of Directors
which may. establish different rates from year to year as it may
deem necessary for the purposes set forth in Section 2 above. The
amount of the annual assessment against each lot for any given year
shall be fixed at least 30 days in advance of the annual assessment
period; provided, however, that the first annual assessment shall
be set prior to the conveyance of the f irst lot to an Owner and
written notice to the Owners to be subjected thereto shall be
delivered to the Owners at or prior to the closing of their lots.
Written notice of each annual assessment thereafter shall be sent
to every Owner subject thereto. The due date shall be established
�y the Board of Directors and the Board of Directors shall have the
authority to require. the assessments to be paid in pro rate monthly
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.
A. From and after January 1 of the year
immediately following the conveyance of the
first lot to an Owner, the maximum annual
5
PY.ALS. V.0BYNSON Sc SAFFT). P.C.

PG. 0Q.a9
assessment may be increased -each year not more
than five percent ( 5 °s ) above . the maximum
assessment for the previous year without a
vote of the membership, except as herein
provided.
B. From and after January. 1 of the year
immediately following the .conveyance of the
first lot to an Owner, the maximum annual
assessment may be increased above five percent
(5%) by a vote of two-thirds (2/3) of the
members who are voting in person•or by proxy
at a meeting duly called for -this purpose.
C. The Board of Directors may. fix; the annual
assessments at an amount not,iii excess of the
maximum; provided that Directors may increase
the amount of the annual assessments to a
maximum of Two Hundred Dollars ($200.00) per
lot notwithstanding the provisions of
subparagraphs A and B above, ",and thereafter
the limitations set forth in sa:d subparagraph
shall apply to any annual increase.
SECTION 4. Steal Assessments for Cabital Improvements. In
addition to the annual assessment; 'authorized above, the
Association may levy, in any assessment year,, a special assessment
applicable to the year only for the purpose -of defraying, in whole
or in part, the cost of any construction, ,reconstruction, repair or
replacement of a capital improvement �upon' the Common Area,
including fixtures and personal property related thereto, provided
that any such assessment shall have the' assent, of two-thirds (2/3)
of the members who are voting in person or by proxy at a meeting
duly called for this purpose.
SECTION 5. Insurance. The Board of Directors on behalf of the
Association, as a common expense, shall at all times keep the
property of the Association, if any, insured against loss or damage
by fire or other hazards and other such risks,- including, but not
limited to directors, liability and public- liability insurance,
upon such terms and for such amounts as -may be reasonably necessary
from time to time to protect the Property and Common Area, which
insurance shall be payable in case of loss to the Association for
all members. The Association shall have.tfie•sole authority to deal
with the insurer in the settlement of �clai'ms.. Such insurance shall
be obtained without prejudice to the right: of each member to insure
his personal property for his own benefit,.at.:his own expense. In
no event shall the insurance coverage obtaired by the Association
be brought into contribution with insurance purchased by members or
their mortgagees.
SECTION 6. Insurance Assessments. All insurance policy premiums
on the Common Areas for the benefit of the Association 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 shall levy against the Owners equally as an additional
annual assessment, (herein called °Insurance Assessment") which
shall be in addition to the amounts provided , for under Section 3
above, an amount sufficient to pay the;,.annual cost of all such
insurance premiums.
SECTION 7. Notice And Ouorum For Anv Action Authorized Under
Sections 3 and 4. Written notice of any.meeting called for the
purpose of taking any action authorized::und..er Section 3 and 4 shall
be sent to all members not less than thirty.:(30) days nor more than
sixty (60) days in advance of the moeting,: At the first such
meeting called, the presence of membersor of. proxies entitled to
cast sixty percent (60U of all ther votes 'of each class of
membership shall constitute a quorum.° The required quorum at the
subsequent meeting shall be one-half (1/2.)...of the required quorum
6
RYALS, ROBINSON & SAFFO, P.C.
WILMINGTON, NORTH CAROLINA 2840gFGVPS.

Bic i ot; I PC0090
at the preceding meeting. No such subsequent meeting shall be held
more than sixty (60) days following the preceding meeting.
SECTION 6. Uniform Rate of Assessment. Both annual and special
assessments must be fixed at a uniform, rate for all Lots and may be
collected on a monthly basis.
SECTION 9. Commencement of Assessments. ,Assessments for each
Lot shall commence upon the date of. acceptance by an Owner of a
deed from Declarant. Declarant shall snot. be required to pay
maintenance assessments on unsold Lots retained by the Declarant.
Provided, however, that Declarant shall pay to the Association
annually, in lieu of assessments, the.:pro.rate share of insurance
assessments, utilities and ad valorem taxes on the Common Areas
attributable to the number of Lots owned.,by Declarant, as the same
become due.
SECTION 10. Effect of Non-payment of -Assessments and Remedies Of
The Association,. Any assessment not:pAid within thirty (30) days
after the due date shall bear interest -from, the due date of 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 property,. No -Owner may waive or
otherwise escape liability for the assessments provided for herein
by non-use of the Common Area or abandonment of -his Lot.
SECTION 11. Subordination of The Liento Mortgage. The lien of
the assessments provided for herein shall be subordinate to the
lien of any first mortgage. Sale or,transfe.r'of any lot shall not
affect the assessment lien. However,, the sale or transfer of any
Lot pursuant to mortgage foreclosure :or,, any proceeding in lieu
thereof, shall extinguish the lien 'of -`such assessments as to
payments which became due prior to such sale or transfer. No sale
or transfer shall relieve such Lot ..;from liability for any
assessments thereafter becoming due or from the lien thereof.
ARTICLE VIII
ARCHITECTURAL CONTROL
SECTION 1. Developer's Rights. All duties. and responsibilities
conferred upon the Architectural Control: Committee by this
Declaration or the By-laws of the Association shall be exercised
and performed by the Declarant or its. Designee, so long as
Declarant shall own any lot in the Property or any additions
annexed thereto by Supplemental Declaration or Amendment to this
Declaration.
SECTION 2. Building and Site Imurovements. No dwelling, wall
or other structure shall be commenced,,erec'ted, or maintained upon
any lot in the Property, nor shall any•,exterior addition to or
change in or alteration therein (including painting or repainting
of exterior surfaces) be made until the.Iplans and specifications
showing the nature, kind, shape, heights, materials, colors and
location of the same shall have been eubmitted to and approved in
writing as to harmony of external dea.i-gn•and location in relation
to surrounding structures and topograghy.by the Declarant, or its
designee, or, after the sale of all lots. by:- Declarant, by the Board
of Directors of the Association, or by an .architectural control
committee composed of three (3) or more representatives appointed
by the Board. In the event the Declarant., or its, designee, or, if
applicable, the Board, or its designated, 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..of..approval of any such
plans, location or specification may be based upon any ground,
including purely aesthetic and environmental.,.considerations, that
7
R,YALS, ]E BINSON & SAFFO,: ?.C.
WILMINGTON, NORTH CAROLINA 28402�0135

BK 101.3 PG0:09:1
in the sole and uncontrolled discretion of the Declarant or
Architectural Control Committee shall deemed. .sufficient. One copy
of all plans and related data shall ,be furnished to the Declarant
or Architectural Control Committee, a;s .the case may be, for its
records. Neither the Declarant norL the Architectural Control
Committee shall be responsible for any structural or other defects
in plans and specifications submitted- ta. it or any structure
erected according to such plans and specifications.
SECTION 3. Approval of Plan
A. No house plans unless the. proposed;, house shall
have a minimum of 1700 square -feet of enclosed
heated dwelling area. The term "enclosed
heated dwelling area" as used in the minimum
requirements shall be the-t:dtal .enclosed area
within a dwelling; provided,_ however, that
such term does not include garages, terraces,
decks, open porches, and like areas; provided,
further, that shed type porches.- even though
attached to the house ; are .specifically
excluded from the definition of z'the- aforesaid
term "enclosed heated dwell Lhg.area11; provided
further that all houses must have an'attached
single or two -car garage.
B. Since the establishment of inflexible building
setback lines for location of ,houses on lots
tends to force construction of'.houses directly
to the side of other homes with detrimental
effects on privacy, view.. preservation of
important trees and- other._''vegetation,
ecological and related -considerations no
specific setback lines shall, be established by
this Declaration. In 'brd'ev ":to assure,
however, that the foregoing considerations are
given maximum effect, the site"and location of
any house or dwelling or other structure upon
any lot shall be controlled byl:'and must be
approved absolutely by the Meclarant or the
Architectural Control Committee, as the case
may be. Provided, however., t°hat - no dwelling
shall be constructed closer than 10.:feet to an
adjoining property line nor -closer than 40
feet to the front property: line-- of any lot.
Provided further, however. that- Declarant
shall have the right to grant -variances from
these restrictions, not to exceed 'ten per cent
(1090 of the side line restriction and not to
exceed ten per cent (10%- ) of, the —front street
line restriction.
C. The exterior of all houses... and other
structures must be completed., within twelve
(12) months after the construct: .on of same
shall have commenced, except .•where such
completion is impossible .or would., result. in
great hardship to the owner pr.-.builder-, due to
strikes, fires, national emergency-nr, natural
calamities.
D. No structure shall be erected, .,altered, placed
or permitted to remain on any lot, except one
single family dwelling not ';to !exceed two
stories in height, unless the DeOl.arant or the
Architectural Control Committee..;._ as the case
may be, approves in writing ..a -structure of
more than two stories, and —one or more small
accessory buildings (which -tnay,..include a
detached private garage, or. guest facilities)
.;.
RYALS, ROBINSON & SAPP0, P.C.
WILMINGTON, NORTH CAROLINA,28402-0135

OKI043 PG0092
provided the use of such dwelling or accessory
building does not in the opinion of the
Declarant or Architectural Control Committee
overcrowd the site, and providedfurther, that
such buildings are not used' for -any activity
normaaly conducted as a bus-nes-s.
E. All service utilities, fuel tanks, clothes
lines and wood piles are to.be'enclosed within
a wall or plant screens of -a type 'and size
approved by the Declarant or `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. All mail and newspaper boxes
shall be uniform in design.. Design for mail
and newspaper boxes shall -be` furnished by
Declarant.
F. Off street parking for not less than two (2)
passenger automobiles must be'.provided on each
lot prior to the occupancy -"of any dwelling
constructed on said lot which- parking areas
and the drive ways thereto -• -shall be
constructed of concrete, brick, asphalt, or
turfstone, or any other material -;•approved by
Declarant, or its Designee Wo driveway or
other access drive shall b.e.e'rect_ed so as to
enter onto JACKEY'S Creek Lane.
G. No fences shall at any time be placed or
permitted to remain on. any lot. without
approval of the Declarant of the Architectural
control committee.
SECTION 4. _Maintenance By Association;.: The Association, at its
expense, shall be responsible for maintaining, repairing and
replacing the planting easement ares`, the "subdivision entrance
signage, the islands within the street right of way, including
JACKEY'S Creek entrance signs and plaza.located on Highway 133
called the Orton Road, the irrigation system for planting areas,
storm water drainage system, including- the. detention pond, if any,
all drainage lines, pipes and ditches` which are located on the
Property, except those constructed by':individual lot owners and
located within individual lots. The 'Association shall have the
right to go onto the lots at reasonable :times for the purpose of
maintaining, repairing and replacing all, utility drainage lines and
pipes which might be located on such lots; and each Owner hereby
grants permission to the Association 'to, enter his lot for such
purposes.
In the event that such need .for maintenance, repair or
replacement .(other than such being caused by fire, lightning,
windstorm, hail, explosion, riot, riot attending a strike, civil
commotion, aircraft, vehicles, and smoke, as the foregoing are
defined and explained in North Carolina, Standard Fire and Extended
Coverage Insurance Policies) is caused ;.;through the willful, or
negligent act of any Owner, his family,"gue•sts or invitees, the
cost of such maintenance, replacement,,,.ot'repairs, shall be added
to and become a part of the assessment, to which such Lot is
subject.
The Association shall maintain all :common areas, including
plantings and shrubbery, walkways, located -•thereon, and lighting
fixtures and shall pay all costs of opefatidni thereof including all
utility bills pertaining to signage and'...p"lanting areas, and
including premiums associated with general liability insurance
insuring the Association from liability arising from ownership and
operation thereof.
0
RYALS, ROBINSON & SAFFO, F.0
WILMINGTON. NORTH CAROLINA 28402-0135

BKi043Pcoo9.3
ARTICLE IX.
USE RESTRICTIONS
SECTION 1. Land Use And Huildin�TXpe, No lot in JACKEYIS
CREEK PLANTATION, Phase 2, shall be used for .any purposes except
for residential purposes other than the "Common Area" if any which
may be used for recreational purposes. All numbered lots in
JACKEY'S CREEK PLANTATION, Phase .2' shall be restricted for
construction of single family dwellings only. Any building
erected, altered, placed or permitted to `remain on any lot shall be
subject to the provisions of Article .:VIII' of this Declaration
relating to Architectural Control. Different land use restrictions
and architectural control guide lines may be established for
adjoining Property developed by Declarant.
SECTION 2. 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
property in the neighborhood by the_own:ers thereof. It shall be
the responsibility of each lot owner to prevent the development of
any unclean, unsightly or unkept condition of buildings or grounds
on such lot which would tend to substantially decrease the beauty
of the neighborhood as a whole or the.'specific area.
SECTION 3. Lot Maintenance. In'the event that any Lot Owner
shall fail or refuse to keep such pr.emises free from weeds,
underbrush or refuse piles, or unsightly -growth or objects, then,
after thirty days notice from the architectural control committee,
the Association or its designee shall epter upon such lands and
remove the same at the expense of the Owner, and such entrance
shall not be deemed a trespass, and in the -event of such removal a
lien shall arise and be created in favor cf, the Association for the
full amount of the cost thereof chargeable. .to such Lot, including
collection costs and such amounts shall be due and payable within
thirty (30) days after the Owner is ;billed.therefor. Such lien
shall be enforceable by Court proceedings,,as provided by law for
enforcement of liens.
SECTION 4. Temporary Structures. No structure of a temporary
character, trailer, basement, tent, shaeki:•garage, barn or other
outbuilding shall be used on any lot ary.time :as- a residence either
temporarily or permanently without - the - written consent of the
Association or its designee. Provided, however, that this shall
not prevent the Declarant, its designees or assigns from
maintaining a construction trailer or'office on any lot or in the
common area until the construction of-dwellings.on all lots in the
project is completed.
SECTION 5. Recreational Vehicles. No:boat, motor boat, camper,
trailer, motor or mobile homes, or similar -type vehicle, shall be
permitted to remain on any lot or on any,...street in the Property at
any time, without the written consent. of' the Association or its
designee.
SECTION 6. Animals. No animals:_livestock or poultry of any
kind shall be kept or maintained on any lot or in any dwelling
except that dogs, cats or other household pets may be kept or
maintained provided that they are not, kept or maintained for
commercial purposes and provided furtherithat they are not allowed
to run free and are at all times properly. leashed.
SECTION 7. TV Satellite Dishes .And Outside Antennas. No TV
satellite signal receiving dishes will be permitted on any lot and
no outside radio or television antennas shall be erected on any lot
or dwelling unit within the Property unless, and until permission
10
$YALS, RowNsoN .fit S'AFFO,. P.C.
WILMINGTON, NORTH CAROLINA,2" 84Q2-0135

8K1040PG00:9t.
for the same has been granted by the Declarant or the Board of
Directors of the Association or,.it.s.,.Architectural Control
Committee. Such permission may be denied for any reason in the
sole discretion of the Board of Directors. or other applicable
authority.
SECTION 8. Window Coverings. A11. drapes, curtains or other
similar materials hung at windows,. or -in any manner as to be
visible from the outside, of any building erected upon any lot
shall be of a white or neutral background material.
SECTION 9. Exterior Lights. All.;...light � bulbs or other lights
installed in any fixture located on the exterior of any building or
any lot shall be clear, white or non -frost lights or bulbs.
SECTION 10. Junk Vehicles And Tractor -Trailers. No inoperable
vehicle or vehicle without current registration and insurance, and
no tractor -trailers will be permitted- on the premises. The
Association shall have the right to have all such vehicles towed
away at the owner's expense.
SECTION 11. Vehicle Repairs. No repairs to any vehicle may be
made in driveways, only in garages and not visible from the street.
No inoperable or immobile vehicle, whether or not containing
current registrations, shall be permitted to remain in any driveway
or on any street.
SECTION 12. Sians. "For Sale" signs or any other signs shall be
permitted on any Lot or in the commo - areas with the written
permission of the Declarant, which permission :may be denied by the
Declarant for any reason; Provided,; howe-Ve'r, that the right to
grant such permission for signs maybe delegated by Declarant to
the Board of Directors, at any time. Provided further, that a sign
conforming to Brunswick County Sign Ordinance may be displayed by
Declarant on any unsold Lot so long as Declarant owns any Lot in
the Property.
SECTION 13. Alterations. No person shall; undertake, cause, or
allow any alteration or construction in or upon any portion of the
Common Areas except at the direction or.with the express written
consent of the Association.
SECTION 14. Subdividing. No lot shall be subdivided, or its
boundary lines changed except with the prior written consent of the
Declarant during the period of Declarant'control of the Association
and thereafter by the Board. However, the Declarant hereby
expressly reserves unto itself, its suQcessors and assigns, the
right to replat any two (2) or more lots,:shown on the plat of any
subdivision of the Property in order to create one or more modified
lots; to further subdivide tracts 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, ,t,ract; to eliminate from
this Declaration lots that are not ;otherwise buildable or are
needed for access to any area of the Property or are needed for use
as private roads or access areas, and to take such steps as are
reasonably necessary to make such replotted lots. or tracts suitable
and fit as a building site or access . area: ;or roadway, said steps to
include, but not; to be limited to the re1o.cation of easements,
walkways, and rights -of -way to conform ,to the.,new-boundaries of the
said replotted lots.
SECTION 15. Water and Sewer Service...;A11 lot owners shall be
required to use water and sewer supplied by the -Companies servicing
the Property for all household uses;.,4 separate water system for
the purpose of watering lawns, gardens and other outdoor uses shall
be permitted.
11
RYALS, ROBINSON & SAFFO, P.C.
WILMINGTON, NORTH CAROLINA-284024135

BK 10 14 3 PG0095
ARTICLE X..
RIGHTS OF INSTITUTIONAL 'LENDERS
SECTION 1. "Institutional Lender!';. -or !"Institutional Lenders",
as the terms are used herein, shall mean and refer to banks,
savings and loan, associations, savings -.banks, insurance companies,
Veterans Administration, Federal Housing Authority, Federal
National Mortgage Association and other reputable mortgage lenders
and guarantors and insurers of such first mortgages. So long as
any Institutional Lender or Institutional Lenders shall hold any
mortgage upon any lot, or shall be.. -the .owner;, of any lot, such
Institutional Lender or Institutional Lenders shall have the
following rights:
A. To be furnished with at least 1one copy of the
Annual Financial Statement and Report of the
Association, including a detailed statement of
annual carrying charges or income collected
and operating expenses; such financial
statement and report to be furnished by April
15 of each calendar year.
B. To be given notice by the Association of the
call of any meeting of the' membership to be
held for the purpose of considering any
proposed Amendment to the Declaration, or the
Articles of Incorporation ..,and °Ry, -lawws of the
Association, which notice-' shall- state the
nature of the amendment being proposed, and to
be given permission to,, designate a
representative to attend all such••meetings.
C. To be given notice of default:. in the payment
of assessments by any ..Owner- of a lot
encumbered by a mortgage w held by the
Institutional Lender or Institutional Lenders,
such notice to be given in -writing and to be
sent to the principal' office of such
Institutional Lender or Institutional Lenders,
or to the place which it or.thsy may designate
in writing to the Association.-
D. To inspect the books and` i?tcoxds of the
Association and the Declaration,. By-laws and
any Rules and Regulatioirs during normal
business hours, and to obtain: copies thereof.
E. To be given notice by the ABsociat.ion of any
substantial damage to any part of.the Common
Areas.
F. To be given notice by the Association if any
portion of the Common Area;$ is.. made the
subject matter of any condemnation.. or eminent
domain proceeding or is otherwise sought to be
acquired by a condemning authority,.
SECTION 2. Whenever any Institutional Lender, guarantor or
insurer desires the benefits of the..provis.ions of this section
requiring notice to be given or to be furnished a financial
statement, such :Lender shall serve written notice of such fact upon
the Association by registered mail or�ce.rC fied mail addressed to
the Association and sent to its address -instated herein, or to the
address of the property, identifying;the:.,lot upon which any such
Institutional Lender or Institutional: Lenders hold any mortgage or
mortgages, or identifying any lot owned.by.them, or any of them,
together with sufficient pertinent facts to, identify any mortgage
or mortgages which may be held by. Lt. or them,. and which notice
12
RYALS, ROBINSON & 'SAFFO, P.C.
WILMINGTON, NORTH CAROLINA.28402-01.36

BK 1 O1.t 3 Pr0096
shall designate the place to which notices are to be given by the
Association to such Institutional Lender:
ARTICLE XI
ANNEXATION OF ADDITIOSIAT' Pro ert
SECTION 1. Except as provided in Section 2 below,
annexation of additional property shall require the assent of two-
thirds (2/3) of the members at a meeting called. for this purpose,
written notice of which shall be sent to all members not less than
thirty (30) days nor more than sixty 160) days in advance of the
meeting.
SECTION 2. If the Declarant, its successors or assigns,
shall develop any Additional Property,:;said Additional Property or
any portion thereof may be annexed to the Property without the
assent of the members. Annexation provided for in this section
shall become effective upon the filing.by. the Declarant of a
supplemental or amended declaration ,i-ri the Office of the Register
of Deeds of Brunswick County, whereupon the annexed land(s) shall
become subject to the terms and conditions of this instrument.
ARTICLE XII.
GENERAL PROVIS'TONs
SECTION 1. Enforcement. The Association' or any Owner, shall
have the right to enforce, by any proceeding at law or in equity,
all restrictions, conditions, covenants, 'reservations, liens and
charges now or hereafter imposed by ..the• provisions of this
Declaration. 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.
SECTION 2. Enforcement of Storm Watert Runoff Regulations. The
State of North Carolina is hereby made a beneficiary of this
Declaration to the extent necessary:.to'enforce its storm water
runoff regulations as the same may be..amended•from time to time.
SECTION 3. Severability. Invali.datiion..of any one of these
covenants or restrictions by judgment be court order shall in no
wise affect any other provisions which..'shall remain in full force
and effect.
SECTION 4. Lots Subject To Declaration. All present and future
owners, tenants and occupants of Lots :and.,.their guests or invitees,
shall be subject to, and shall comply with! the provisions of the
Declaration, and as the Declaration may.:be amended from time to
time. The acceptance of a deed of conveyance or the entering into
of a lease or the entering into occupancy of any lot shall
constitute an agreement that the provisions of the Declaration are
accepted and ratified by such owner, ,tenant or. occupant. The
covenants and restrictions of this Declaration shall inure to the
benefit of and be enforceable by the Association, or the Owner of
any lot, their respective legal represe.ntatives., heirs, successors
and assigns, and shall run with and 1�>ind -a'h. -land and shall bind
any person having at any time any inte.rest'.or estate in any lot, as
though such provisions were made a part of each and every deed of
conveyance or lease., for a term of twenty-:(20) years from the date
this Declaration is recorded, after 'which --time they shall be
automatically extended for successive.' periods of ten (10) years
unless after -such twenty (20) year .period this Declaration is
terminated by a vote of ninety percent. (90�) of -the Owners of Lots
in all sections of Phases of additiona*l�<land(s). that have been
annexed and made subject to this .instrument.
SECTIONS. Amendment of Declaration. Except as provided in
Article XI, Section 2, above, Secti:oh",6• below, and elsewhere
herein, the covenants and restrictions.of this Declaration may be
13
RYALS, R.OBINSON & SAFFIa" P.C.
WILMINGTON. NORTH CAROLINA`98..402-013:5.-

8K 1043 P:6O0:97
amended only by an instrument duly recordsd in the Office of the
Register of Deeds of Brunswick County' executed by the duly
authorized officers of the Association upon 'the vote of not less
than two-thirds (2/3) of the Lot Owners; provided that no amendment
shall alter any obligation to pay a& valorem taxes or assessments
for public improvements, or change the 'built -upon area described in
Article I, Section 5 (unless consented��:to by the State of North
Carolina) as herein provided, or affect any lien for the payment
thereof established herein. In no event. may the Declaration be
amended so as to deprive the Declarant of any rights herein granted
or reserved unto Declarant.
SECTION 6. Amendments by the becl.arant. The following
amendments may be effected by the Declarant, or the Board, as the
case may be, without consent of the. members:
A. Prior to the* sale of the first lot, this
Declaration may be amended by the Declarant.
B. Declarant may amend this, -Declaration upon
annexation of additional lands. as specified in
Article XI, Section 2 herein.-,
C. The Declarant or the Board °may amend this
Declaration to correct any obvious error or
inconsistency in drafting, .typing or
reproduction.
D. The Declarant, so long as it -shall retain
control of the Association, shall have the
right to amend this Declaration'to conform to
the requirements of any iaw ��bt'governmental
agency having legal jurisdiction over the
Property or to qualify the 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 subs tant 'lei l.'control of the
United States Government or`tM'State of North
Carolina, regarding purchase or sale of such
lots and improvements, or 'mortgage interests
therein, as well as any pother 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., 1,amitation, the
Veterans Administration, 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.
E. The Declarant, for so long as,..it shall retain
control of the Association, and, thereafter,
the Board of Directors, may amend this
Declaration as shall be necessary, in its
opinion, and without the conso.nt...of any -owner,
to qualify the Association -or the Property, or
any portion thereof, for taxeXempt.status.
14
RYALS, ROBINBON & SAFFO, P.C.
WILMINGTON. NORTH CiAROLINA:.284U2-01.35

8K 1040 PG,0.098
F. The Declarant for so long as: it shall have
control of the Board..... may:. amend this
Declaration to include ,any platting change of
the Property as permitted herein..:
IN WITNESS WHEREOF, the Declarant ,has' caused this Declaration to
be executed in its corporate name and -its, -corporate seal affixed by
its duly authorized officers all as of. the day and year first above
written.
JACKEY'S CREEK DEVEL PPMEN INC.
By:
President
ATTEST:
Secfetary
S� 'OQ`P
eu v
U Z
SE F%- C�
NC -,or
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I , % . J d dscl l , a Notary Public for the
afo �j'ai ounty and State°, do certify that
(/� �� personally appeared
before me and acknowledged that he ske is the Secretary
Of JACKEY'S CREEK DEVELOPMENT, INC., a North Carolina corporation,
and that by authority duly given and as the act of the said
corporation, the foregoing Instrument was signed in its corporate
name by its I
President, sealed with its corporate seal and
attested by self as its Secretar
WITNESS my hand and notarial seal this the U /4 day of July,
1995.
(Affix Notarial Seal)
�•� 1v1. U V
01..tG
0IIE'R1 CO`�,'`�.��
Notary Public
My Commission Expires:'�9/91rY
15
RYAL3, ROBINSON & SAFFO, P.C.
WILMINGTON, NORTH CAROLINA 28402-0135

un 1 U 4 0 rbuwi �
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The foregoing certificate of
is certified to be correct. This instrument and this certificate
are duly registered at the date and time and in the Book and Page
shown on the first page hereof.
f:\wp_jana\wp51\restrict\jackeyal
REGIST DEEDS - BRUNSWICK COUNTY
BY;
16
RYALS, ROBINSON & SAFFO, P.C.
WILMINGTON, NORTH CAROUNA 28402-0135

N0I 1 08-19% 11- 36 F.YALS RBNSN & SAFF0
32
FILERfEr9t11+�tji SUPPLEMENTAL
''STATZ OF NORTH Q-AO Al�r� ►'r�+;�! O
...LZECLAFtAT2ON OF COVENANTS
COUNTY OF BRUNSwXC'95 QCT _2 PPS f 2: CONDf'. TIONSRAaysCAND RESSTTRRICTTIO S
1.
,I1EUinr r^ •.rl �
THIS SUPPLE�4E�; 1c�rtt�ION, is made this the �� day of
September, �.995, and is sii iydd by JACKEY'S •CREEK DEVELOPMENT,
INC., a North Carolina Corporation, hereinafter referred to as the
"Declarant" (whether one or more);
wI T N E s ETH: s TOT;I,,._i�-a�.� ._
THAT, WHEREAS, Decl aLrant has heretofore muted a� De s at�
:of covenants, Conditions and Restrictions ,orl� 'k�y�-� �G • e �
Plantation which. is dated July 20, 1995, andG�a-rs zf...repord .in
Book 1043, at Page 84 of the Brunswick Counter RgcLlst and F
WHEREAS the aforesaid Declaration is applicable'fo a tract of
land described as all of Lots 12 through 17 of .7ACXSY• S CA92K
PLANTATION, Phase 2, as shown on the plat thereof recorded in Map
Cabinet Z, Page 308 of the Brunswick County Registry; and
WHEREAS, ARTICLE I, SECTION 4 and ARTICLE XI, of the aforesaid
Declaration provided that the Declarant may subject additional
lands to the Declaration of Covenants, Conditions and Restrictions
for Jackey's Creek Plantation, without the assent or vote of the
owners of Lots, by recording a supplemental declaration for any and
each new section or phase subjected thereto; and
WHEREAS, the Declarant is and will be developing a new
residential area known as C;EERSEDG E, Phase 1, at Jackey's Creek
Plantation; and 'T s
WHEREAS, the. Declarant would like to subject this new
residential area to the Declaration of Covenants, Conditions and
Restrictions for Jackey's Creek Plantation, dated July 20, 1995,
and recorded in. Book 1043, at Page 84, of the Brunswick County
Registry, by executing and recording this Supplemental Declarations
NOW THEREFORE, for and in consideration of the premises,
notioc is hereby given by the Declarant that the Declaration of
Covenantp, Conditions and Restrictions dated July 20, 1995, and
recorded in Book 1043, page 84, of the Brunswick County Registry,
is by this Supplemental Declaration made applicable to all lots in
CREEKS EDGE, Phase 1, at Jackey's Creek Plantation as the same are
shown on a subdivision may thereof recorded in Map Cabinet 17, Page
3�li of the-Bru.nswick County Registry; and all of said lots, having
been subjected to the aforesaid Declaration, shall be sold and
conveyed subject to said Declaration of Covenants, Conditions and
Restrictions; subject, however to the amendments to the said
Declaration as'are stated herein.

NG�I-S-19 11 : 37 k`fHLbIti:�N SHrr�uyy C� PGV pj+ �('jj
�111�55121
The Declaration of Covenants, Conditions and Restrictions of
Jackey's Creek Plantation, dated July 20, 1995, and recorded in Map
Cabinet Z, Page':308 of the Brunswick County Registry is made
r applicable to all lots in CREEKS. EDGE, Phase 1, at Jackey'a Creek
Plantation subject to the following; amendments:
1. .ARTICLE 1., SECTION 5, of the Declaration, captioned
A"Built Upon Area", is amended to read as follows:
11BuiltUpon Area• Shall mean that portion of each lot
that is covered by impervious or partially impervious cover,
including buildttg, pavement, recreational facilities, etc., but
not including decking. The built upon area for each lot in CREEKS
EDGE, Phase 1, at Jackey's Creek Plantation, shall not exceed 41500
square feet, unless and until the State of North Carolina shall
revise its stormwater runoff .regulations to permit a greater built
upon area for each lot."
2. All references in the Declaration to "Lot(s)'',
"Owner(s)", and "Property" with regard to JACKEY'S .REEK
PLANTATION, Phase 2, shall also refer to and include the Lot(s),
Owner(s) and Property of CREZXS XDGE, Phase 1, at Jackey's Creek
Plantation.
3. ARTICLE VIII, SECTION 3, of the Declaration, captioned
"Approval of -Plans", is hereby amended by deleting Paragraph A in
its entirety and substituting anew Paragraph A in its place which
reads as follows:
A. No house plans unless the proposed
house shall have a minimum of 1500
square feet of enclosed heated
dwelling area. The term "enclosed
heated dwelling area" as used in the
minimum requirements shall be the
:total enclosed area within a
dwelling; provided, however, that
such term does not include garages,
terraces, decks, open porches, and
like areasl provided, further, that
shad type porches, even though
attached to the house are
specifically excluded from the
definition of the aforesaid term
"enclosed heated dwelling area";
provided further that all houses
must have an attached single or two -
car garage.
4. ARTICLE VII1, SECTION 3, Paragraph B, of the Declaration
states that no dwelling shall be constructed closer that 40 feet to
the front property line of any lot. Because of the odd
K

hlf�V-b8-19'36 11 5'? FWRLS RBNSN a SAFF0 510 767 4004 P.04/05
un1(J-�bPGOj22
Configuration of Lot 17, of CREEKS EDGE, Phase 1, the Declarant
deems it appropriate to change, and does hereby change, the front
.set back for this lot from 40 feet to 30 feet.
'i
' The foregoing amendments to the Declaration are applicable
only to the lots in CREEKS EDGE, Phase 1, at J'ackey's Creek
.,Plantation, unless made applicable to other lands developed by the
Declarant by the recording of future, supplemental declarations.
The foregoing amendments to
to the authority reserved to the
5, Paragraph B.
the Declaration are made pursuant
Declarant in ARTICLE XII, SECTION
in all other respects, and except as amended herein for
purpose of lots in CREEKS EDGE, Phase 1, the covenants, conditions
and restrictions as set forth in the Declaration of Covenants..
Conditions and Restrictions for Jackey'a Creek Plantation recorded
in Book 1043, Page 84 of the Brunswick County Registry shall remain
in full force and effect as written.
IN WITNESS 'W Z=OF, the Declarant has caused this Declaration
to be executed in its corporate name and its corporate seal affixed
by its duly auth6rized officers all as of the day and year first
above written.
JACKEY'S CREEK DEVELOPMENT, INC.
BY- CS
ATTEST: Fred ent
SecreWry
� K "J4
G�p� TE SEAL)
E Saw. � V. SAFFO and wife, DESPINA T. SAFFO, of New Hanover County,
th arolina, join in the signing of this instrument for the sole
N�ur e of consenting to the terms, covenants, conditions and
rictions contained herein.
:, V V
Ay� (SEAL)
A. V. SAFFO
( SEAL)
DESF NA T. SAFFO
3

, P11 YAr
le
.8K t 100 PG0387 wrAL Z7
cK AHT�
tR.� 'f�( fiGl$tf#A110 CASH
E3tiCK.1_I 6U PAGE3�� sir K�
STATE OF NORTH CAROLINA.- - WSECOND SUPPLEMENTAL
96 AL 26 �E�},Y,��tATION OF COVENANTS
COUNTY .OF BRUNSWICK C�'�D�T bNS AND RESTRICTIONS
R4r�ER'f J. RNY' S CREEK PLANTATION
REGISTER OF DEEN�
BRUNSWICK WUNTY H�J
THIS SECOND SUPPLEMENTAL DE LARi�MN, is made this the
day of - July, 1996, and is submitted by JACKEY'S.CREEK DEVELOPMENT,
INC., a North Carolina Corporation, hereinafter referred to as the
"Declarant" (whether one or more);
W I T N E S S E T H:
THAT, WHEREAS, Declarant has heretofore executed a Declaration
of Covenants, Conditions and Restrictions for Jackey's Creek
Plantation whicki is dated July 20, 1995, and appears of record in
Book 1043, at 'Page 84 of the Brunswick County Registry and as
supplemented by Supplemental Declaration of Covenants, Conditions
And Restrictions Jackey's Creek Plantation dated September 29, 1995
and appears of record on October 2, 1995, in Book 1055, at Page 120
of the Brunswick County Registry; and
WHEREAS the aforesaid Declaration is applicable to a tract of
land described as all of Lots 12 through 17 of JACKEY'S CREEK
PLANTATION, Phase•2, as shown on the plat thereof recorded in Map
Cabinet Z, Page 308 of the Brunswick County Registry; and
WHEREAS, ARTICLE I, SECTION 4 and ARTICLE XI, of the aforesaid
Declaration provided that the Declarant may subject additional
lands to the Declaration of Covenants, Conditions and Restrictions
for Jackey's Creek Plantation, without the assent or vote of the
Owners of Lots, by recording a supplemental declaration for any and
each new section, or phase subjected thereto; and
WHEREAS, the Declarant is and will be developing new
residential areas known as CREEKS EDGE, Phase 2, and CREEKS EDGE
Phase `A, at Jackey's Creek Plantation; and
WHEREAS, the Declarant would like to subject these new
residential areas to the Declaration of Covenants, Conditions and
Restrictions for Jackey's Creek Plantation, dated July 20, 1995,
and recorded in Book 1043, at Page 84, of the Brunswick County
Registry, and as amended and supplemented by Supplemental
Declaration of Covenants Conditions and Restrictions Jackey's Creek
Plantation dated September 29, 1995 and recorded October 2, 1995 in
Book 1055, at Page 120 of the Brunswick County Registry, by
executing and recording this Second Supplemental Declaration;
NOW THEREFORE, for and in consideration of the premises,
notice is hereby given by the Declarant that the .Declaration of
Covenants, Conditions and Restrictions dated July 20, 1995, and
recorded in Book 1043, page 84, of the Brunswick County Registry,
as amended and supplemented by Supplemental Declaration .of
RYALS, R0I3INSON & SAFFO, P.C. O0O%`L{,�}-1000
WILMINGTON. NORTH CAROLINA 28402-0135j 11��1VJ�`1J

it
•;��,,ty; .�j".(%t�r�i� �/,�i Cti�f;i,: P: .. ' � a',ir:"�a';�r'•;�r;
�S` ti `t4 1 1 a 0 P G 0 3 8 8
'Ad
"4 ' ` Covenants, Conditions;,,;,and:,` Restrictions dated September;' 9;
;•,a'�'`arid' ;recorded:, October' 1995 in Book 1055, at Page 12b, of'• the'
Brunswick. Counter Registry' 'are by this Second Supplemental
Declaration' hereby. made' applicable to all lots ,in CREEKS EDGE,
Phase 2, and all ].ots.,in CREEKS EDGE, Phase 2A, at JackeyIS..Creek
Plantation as the -.•.same are shown on a subdivision. map thereof
recorded in Map Cabinet.17 at Page 475 and Map Cabinet 17 at Page
463' 'respectively, of the Brunswick County Registry; and on an
said lots, having been-subjedted to the aforesaid Declaration and
Supplemental Declaration, shall be sold and conveyed ..subject to
said Declaration of Covenants, Conditions and Restrictions and
Supplemental Declaration.
In addition, the Declarant hereby reserves the right in its
sole discretion, without the consent or vote of the Owners of Lots,
to re -subdivide Lots 39 and 40, of Phase 2, of CREEKS EDGE, as
shown.on the map thereof recorded in Map Cabinet 17, Page 475, of
the Brunswick County Registry.
IN WITNESS WHEREOF, the Declarant has caused this Second
Supplemental Declaration to be executed in its corporate name and
its corporate seal' affixed by its duly authorized officers all as
of the day and year'.first above written.
JACKEY'S CREEK DEVELOPMENT, INC.
BY: G -
President
r
E
09 S O and wife, DESPINA T. SAFFO, of New Hanover County,
North Car ina, join in the signing of this instrument for the sole
purpose of consenting to the terms, covenants, conditions and
restrictions contained herein.
A�SA'F
(SEAL)
F
(SEAL)
DESPI1qA T. SAFFO /
PA
RYALS, ROBINSON & SAFFO, P.C.

�si 1;079,9
i
Draftsman: DAVID C. BAREFOOT
Elks Temple Building
P.O. Box 1766
Wilmington, N. C. 28402
STATE OF NORTH CAROLINA SUPPLEMENTAL
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
COUNTY OF BRUNSWICKCREEKS EDGE, Phases 3 and 4
at Jockey's Creek Plantation
THIS DECLARATION, made this day of April, 1997, by JACKEY'S
CREEK DEVELOPMENT, INC., a North Carolina corporation, hereinafter referred to as
"Declarant; r, z J I
WI ESSET
WHEREAS, Declarant is the owner of all of that certain property I cated. ill
Town Creek Township, Brunswick County, North Carolina, which is more p 'culiIg 4
described as follows: ; ; o I !
BEING all of Lots 52 through 63, inclusive, in Phase 3 of 4
CREEKS EDGE, at Jockey's Creek Plantatiort as shown on
the plat thereof recorded in Map Cabinet ;16 at Page 296 of 1 S
Brunswick County, North Carolina, Registryi to which plat
reference is hereby made for a more .parti.cular description.'
BEING all of Lots 64 through 89, inclusive, in Phase 4 of
CREEKS EDGE, at Jockey's Creek Plantation, as shown on
the plat thereof recorded in Map Cabinet 18 at Page 297 of
Brunswick County, North Carolina, Registry, to which plat
reference is hereby made for a more particular description.
WHEREAS, Declarant has heretofore executed .. a certain Declaration of
Covenants, Conditions and Restrictions, Jockey's Creek Plantation and caused the
same to be recorded October 2, 1995, in Book 1043 at Page 0084, at. seq. of the
Brunswick County Registry ("BCR") (hereinafter, the "Declaration"); and
WHEREAS, pursuant to Article I, SECTION 4-and-ARTICLE XI of the Declaration,
the Declarant has the absolute right to develop additional properties and annex the
same to the Subdivision without the assent or vote of the owners of lots, and the
Declarant has thereafter executed and recorded a. Supplemental Declaration of
Restrictions, CREEKS EDGE, Phase 1, at Jockey's Creek Plantation, in Book 1055 at
Page 0120, BCR; and now desires to annex CREEMEDGE, Phases 3 and 4, at
JACKEY'S CREEK, and subject the same to the Declaration.
NOW, THEREFORE, the Declarant does hereby amend the Declaration and
declares that all of the property described above shall be held, 'sold and conveyed
subject to the easements, restrictions, covenants and conditions not forth In the
Declaration, as previously amended, which are for'the purpose of protecting the value
and desirability of and which shall run with the real property and be binding on all
parties having any right, title or interest in the described, properties, or any part
thereof, their heirs, successors and assigns, and shall inure to the benefit of each
owner thereof, except that the following additional special restrictions shall apply to
CREEKS EDGE, Phases 3 and 4, at Jockey's Creek' Plantation:
1. ARTICLE 1, SECTION 5, of the Declar illon captioned "Built Upsn rea"
is amended to read as follows:
"Built Upol,3 Area. Shall mean that porti©n of each lot that is covered by

STATE OF NORTH CAROLINA
COUNTY OF O)Qki
I, ti L , a Notary Public for the
aforesaid County and State, hereby certify that .
_ personally appeared before me this day and ac-kno:w(edged that he/she is the
Secretary of JACKEY'S CREED DEVELOPMENT, INC. a North
Carolina corporation, and that by authority duly given and as the act of said
corporation, the foregoing instrument was signed: in its name by its President, sealed
with its corporate seal, and attested by self as its Secretary.
WITNESS m hand and seal this 0
Y 11 day of April, 1997.
My Commission Expires:
116/. 4r
(NOTARIAL SEAL)
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
'MATE OF NORTH CAROLINA
"'OUNTY OF BRUNSWICK
Me Foregoing (or annexed) Certificate(s) of
f�i
Notary Public
' I: 1. S40
..,.....,, oa
: . .'fie'`
.
r #OTARk
�OUBI.�G
its
n
'rotary(ies) Public is (are) Certified to be Correct.
his Instrument was filed for Registration on this 16 Day of 1, .1997
i the Book and Page shown on the First Page hereof.
ROBER J. ROB14SONJ Register of Deeds
d:\share\re\RE\decrast\CreeksEdge.3 &4

B;l1267 PGO656
FILED FIA Ssu STRATION
11:.1
D,Mlainnnt DAVID C. BAREFOOT
Etta Temple Btakina ; iif E 14 I'll 4: 33
P.O. B" 1768
Wilminamn, N. C. 26402 1;„; t..
STATE OF NORTH CAROLINA --gnu
COUNTY OF BRUNSWICK Nam, °•fv,M,0II
OREI KS EDO, PHASE 11A,
at Jaakey's Creek Plantatia
THIS DECLARATION, made this jd—k day of December, I ego, by JACKEY'S
CREEK DEVELOPMENT, INC., a North Carolina corporation, hereinafter referred to as
"Declarant;
WITNESSETH:
WHEREAS, Doolarent is the owner of ail of that certain property located in
Town Creek Township, Brunswick County, North Carolina, which is more particularly
described as follows:
BEING all of Lots BQ, Ort and ft Phseo 1A of CREEK$ OOGE,. at
Jockey's Creek Plantation os shown on the plat thereof recorded In Mop
Cabinet 20 at Peg* 318 of the Brunswick County, North Carolina,
Registry, to which plat reference is hereby made for a store particular
description. rk-
WHEREAS. Declarant has heretofore executed a as Daol4r4tion� Of
Covenants, Conditions erid Restrictions. Jockey's Creek Plardatior► and caused the
same to be recorded October 2..l eg% In Rook 1043 at (rage tjOK et..seq. of the
Brunswick County Registry ("BCR") fhereinefter, this "focioratien"i; and
WHEREAS, pursuant to Article 1, SEIMON 4 and ARTICLE Xi of the Declaration,
the Daciarattt 11811 010 absolute right to develop apdiflonal pro parties old annex the
same to the Subdivision without i6e assent or vote of the ownets of iots, and the
Declarant has thereafter enteeuted and recorded a trppfarttantall Deglar+ttion of
Restrictions. CREEK$ 90GE, phase 1. at Jackay.y Ore k Plantation. In Doak lOrs at
Page 0120. OCR artd .a ih ppiemantaf D cieratiori of f#et1#t, tir»s, CiiEEKS EDGE,
3 and .4 In gpol< 141 Tat PoO0. ifj2, ECj ftho "S► 000 0011401 ;.smd now
desires to annex CREEKfeS:gbGg..Vhaite 1A, at JACIFEY•S G 1iit, and sulijacno
same to the Declerattofs es amended,
he
NOW, T14EIREM10W, the:Qeokmnt doss loraby further emend the Declaration
and declares th#t an of the property deiiarlbed aboveshall be held. sold and conveyed
subject to the same esttef 01114, tastriottoge, Covenants concrodhs sat ro►th In the
tleolaretion; ss prOV16USly att►efldod, laud se hatiiin fuftitar anlafldetl! which aria tar tltp
purpose of pr6leotino the viliue anti da4sirbbgity tit and virhiidl shxpF sun ivElh the rest
Prop" and be binding on all parties having any north title or I11u07081 in the described
Properties. or any part thereof, their helm. suddossors alld 8ssi i,. and shajl.klure to
the benefit of each owner thereof, axcept that f:"W'S 066. pyASg 1A shelf be
subject to the special restrictions set forth In paragraphs t. 2 and 3 of the SttpDecl
P3&4, and to the following additional spaeitd restrtction:
'4. ARTICLE VIN, SECTION 3, Paragraph 6, of the Dederatlon is hereby
further amended to provide that no dwelling sdlell be constructAd Closer than 25 feet
to the front property i(na of lots ttb, Al " 92, Phase IA. Creeks 'Edge at Jockeys
Creek Planation,'

.1 M 1267 PGO659
The foregoing amendment to thin Declaration is applicable only to the lots in
CREEKS EDGE, Phase 1A at Jad"'s Crack Plantation, unless madr applicable to
other lands developed by the Declarant by the recording of future. aupplc,nental
declarations.
The foregoing amendments to the Declaration are made pursuant to the
cuthcri,y reserved 4u tho Do4ovent In ARTiCLt X11, SECTION B, f aragraph B.
In all other respects, and excopt as. herein amended with respoot to CREEKS
EDGE, Phase 1A, the covenants, conditions and restrictions as set forth in the
Declaration, as previously amended, shell be and remain in full force and affect as
written.
IN WITNESS WHEREOF, the Dederant has caused this instrument to be
executed in its corporate name and its corporats seat affixed by Its duly authorized
officers, all as of the day and year first above written.
JACKEY'S CREEK I99MO NT, INC.
ATTEST: 4G°=R,'ry s 4 BY:
�-, 1;i' president
Se
{CORPORATE SEALI
STATE OF NORTH CAROLINA
COUNTY OF &AW U-na,102—
I' 0� otary Public for the
aforesaid County and Stets, htataaby Cerfify that
Personally appeared before ►twin: this day and.know edgeid thttE #>b1s}tti to the
Secretory Af JAC1110% Of"( DEtlfil. F. fNC: a North
Carolina corporation, and that ity auth. ty.duly ohms. andas this set of -sold
corptwration, the foregafrtg is►attrrinent wasid. in its abtrie tsy its Piasidertt, sealed
with its corporate sea], and attested by . If aoi its Secretary.
WITNESS, my hand and seal this II y day of December, 13$e.
m6. Rarer .�,f,tr;+
lbz ' ' i NgrBrylyubiic
My Commission Expires: Uno" Ors, 206 �;tt;, ."Y;
(NOTARIAL SEAL}A t'
STATE OF NORTH CAROLINA.
COUNTY OF BRUNSWICK
+ '�' • -�'o
'bin;,; �► , ER�w
SrATB OPNOWM CAROLINA
COUN'f'Y OFBRONSWIM
TheFocegding(oram�eksd}iCeniRsate(i}af �,r,c.r��ERt^t'l`
�h '�� fi c�'',.t�i�'Z
T hi Gtroment vRas ttedinr k g-'W-- lion an th NtA , Day of 1998,
in the Owk and Page shown on ft First Page horse .
W'Rtl� J:t ttt�t�efrarlkttii

ul( 1267 PG0657
The foregoing amendments to thb Declaration are applicable only to Lot 18R,
Phase 2•A, Jockey's Creek Plantation, u61e56 Fnade applicable to other lands
developed by the Declarant by the-tecording b
fftsture, ttupp#ometttat declarations.
The foregoing amendments to the bac aration are made pursuant to the
authority reserved to the Declarant in AFftnLE X11. SECTION B, Paragraph 9-
In all other respects, and except as hereon amended, the covenants, conditions
and restrictions as set forth in the Declaration shalt be and terrain in full force and
effect as written.
IN WITNESS WHORWF, the Declarant has ceased this Instrument to be
executed in its corporate name and its corporate seal affixed by Its duty authorized
officers., all as of the day and year first above written.
�L,.¢ • _ •� JACIfEY'S CREEK DEVELOPMENT, INC.
8y-+---'��
ATTEST: ftresident -
ICORPORATS SEAL)
STATE OF NORTH CAROLINA
COUNTY OF Q&W tio- osfG9
I, REBECCA M. SAWDOT, a Notary Public in and for the aforesaid County and
State, hereby certify that. A. V. SAFFO, personally appeared before me this day and
acknowledged That holshe Is the 5ectetatry of JACKSY.'S OREEX-VEVfe OPW NT. INC,
a North Carolina corgeretioon, bnd.that by authority dWVOlven and as the east of said
corporation, the foregoing Instruffient Was tdgned in its na}rite by ate Freoident, seated
with its oorporarto scat, and chested btt hire aW ad Its Sticrawy.
WITNESS my hand and seal this day of Doomber, 1008.
Notary Public
My ComrMssion Expires:
4 III tab + ! olAlfy ,~st��
IAIOTARIA SEAL)
STATE OF NORTH ICAROL114A
COUNTY OF BRUNStiff I*
STATE OFNO M CAROLINA
C0i1 WV (W BRVNSVWICX
The Forogoiaag (of anseked.Wertlatmef'oof �1* .Q�•`r*"�"t"%% .,. ,.. R1 �•o �, `
This #nstmmentw3%filedfor Reshamliaarorthis wyar
in the Back and Page shown en the First Page i*OD
tttllt

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
May 30, 2000
Mr. Jack Stocks, Vice President
Jackey's Creek Development
211 North Fifth Avenue
Wilmington, NC 28401
Dear Mr. Stocks:
1kTT".xVW,A .
v 0
it
RCDENR
NORTH C.R.:CUNA r1 ✓EFAR i m&4T OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: COMPLIANCE INSPECTION
Jackey's Creek Subdivision Phase II
Stormwater Project No. SW8 990533
Brunswick County County
Please find attached a. copy of the completed form entitled 11Stormwater Compliance Inspection Report".
The report summarizes the findings of a recent inspection of the project's stormwater controls conducted on
May15, 2000 to determine compliance with Stormwater Permit Number SW8 990533 issued on October 18,
1999.
A summary of the findings and comments are noted under Section 6 of the report. Please inform this
Office in Writing before June 30, 2000 of the specific actions that will be undertaken and the time frame
required to correct the deficiencies. Failure to provide the requested information, when required, may initiate
enforcement action. If you have any questions please contact me at the Wilmington Regional Office, telephone
number [phone].
Sincerely,
Scott Vinson
Environmental Engineer
RSS/sav: S:1WQS!STOR.MWATUNSPECT1990533.MAY
cc: Phil Tripp, P.E.
Central Files
Wilmington Regional Office
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

. l
TRIPP ENGmERmG9 P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
August 24, 1999
NCDENR
Division of Environmental Management
Water Quality Section
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: .lackey's Creek Phase II
SW8 990533
Brunswick County, NC
T99053
Dear Linda:
E c "F ':��
AUG 2 4 ,o99
In response to your correspondence dated July 20, 1999 we offer the following:
1. All road details have been revised to show 3:1 slopes.
2. Lot numbers have been revised along with the deed restrictions.
3. Additional square footage for roads has been added. The applications and
supplements have been revised.
4. Wetlands have been shown with the typical wetland symbol and labeled.
5. Swale #2 has been shown within a 30' drainage easement.
6. The project number has been referenced on all pages.
7. Swale detail and vegetation has been noted.
8. 100' mini-m m length has been noted.
In addition to your comments, we have removed swale #5 and added the flow to swale #4.
A revised curb outlet supplement has been enclosed.
Please contact us with questions or comments, or if you require additional information.
Thank you.
Sincerely,
Tripp Engineering, P.C.
Charles D. Cazier, E.I.
CDC: dcb
Enc.

Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Divisiou of Water Quaiity
July 20, 1999
Mr. Jack Stocks, Vice President
Jackey's Creek Development
211 North 5th Avenue
Wilmington, NC 28401
r �
NCDENROF
ENVIRONMENT AND NATURAL RESOUROEs
Subject: ACKNOWLEDGMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 990533
Jackey's Creek Phase II
Brunswick County
Dear Mr. Stocks:
The Wilmington Regional Office received a Stormwater Management Permit Application for Jackey's
Creek Phase II on June 7, 1999. A preliminary review of that information has determined that the application
is not complete. The following information is needed to continue the stormwater review:
1. Please change the cut and fill slopes on the road detail to 3:1
2. It appears that 3 lots have been added off of Plantation Circle that are not included in the deed
restrictions. They are numbered 90, 91 and 92, but there are other lots with those same numbers
off of Whispering Cove Court. Please renumber these lots as 106, 107, and 108 for accuracy,
and add them to the restriction statement on page 3.
3. Please check the street total built -upon area. I am coming up with 126,750 square feet versus
your 72,500. My number is based on the provided road details which show a 22' wide BG-BG
paved road, and a 35' R cul-de-sac with no planted island. According to the details, Jackey's
Creek Lane and Shady Moss Court are 20' wide with no curb and gutter, and Shady Moss Court
has a planted island in the cul-de-sac. Please correct the details, application and supplements
as needed.
4. Delineate all wetlands on site, or note on the plans that none exist.
Locate Swale 42 in a recorded drainage easement. This swale appears to be located on someone
else's property.
6. Please reference the project number above on all correspondence.
7. Please add a swale detail, indicating the required 5:1 slopes, and the type of vegetation to be
planted.
Please add a note that the 5:1 swales must be at least 100' long.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-cnns:nmer "a"er

TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
May 26, 1999
NCDENR
Division of Environmental Management
Water Quality Section
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Jackey's Creek Phase II
Brunswick County, NC
TE 99053
Dear Linda. -
NA 0 71999
We were unable to locate any other documentation or correspondence. Please
review the project at your earliest convenience.
Please and contact us with any questions or comments. Thank you.
Sincerely,
Tripp Engineering, P.C.
eAa
Charles D. Cazier, E.L
CDC:dcb
Enc.

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
May 25, 1999
Mr. Charles Cazier
Tripp Engineering
419 Chestnut Street
Wilmington, NC 28401
IT•IF
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOiuRCE5
Subject: Stormwater Permit Submittal for
Jackey's Creek Phase II
Stormwater Project No. 881211 Modification
Brunswick County
Dear Mr. Cazier:
The Wilmington Regional Office received your letter and application package dated May 24, 1999, concerning
the permitting of Phase II of Jackey's Creek Subdivision. This Office has no record of receiving anything pertaining
to Jackey's Creek in 1995 or 1996. I have looked through the projects received log and in Greg's office for something
regarding that submittal_ Neither the computer files nor the paper files contain any correspondance regarding a
modification to Phase I or a new Phase R. Apparently, Greg either did not log in the project, or it was never a
complete submittal and could not be logged in as a project. He must have handled his requests by phone, and did not
file any records of his conversations with you. If you have any other copies of correspondance regarding this project,
please send them in.
Since no record exists, all I can do is log in the project as of today, which means that a $420.00 application
fee will be required. If it can be proven that this Office did receive that project in 1995 or 1996, adjustments will be
made in the fee requirement. It appears that all other required information has been provided. The project will be
reviewed within 90 days.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
iod.
Linda Lewis
Environmental Engineer
RSS/arl: S:1WQSISTORMWATILETTERS188121I-MAY
cc: Jack Stocks
Linda Lewis
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
May 24, 1999
NCDENR
Division of Environmental Management
Water Quality Section
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Jackey's Creek Phase II
Wilmington, NC
TE 96088
Dear Linda:
a
E2 41399
During the past couple of months, I have requested a decision be provided by Mr. Stuffs
on the stormwater application for Jackey's Creek subdivision. The initial 11 lots were
permitted under SW 881211 11/08/94. We applied in 1995 for the remaining 97 lots.
Through correspondence between Mr. Stuffs and Mr. Tripp, it was our impression that
the last additional information requested (answered on September 3, 1996 - enclosed) would
provide closure to this project. I am enclosing new applications, supplements and signatures in
order to speed the review process for all of us. Please respond to this urgent situation as soon
as possible.
Do not hesitate to contact me with any questions or additional comments. Thank you.
Sincerely,
Tripp Engineering, P.C.
Charles D. Cazier, E.I.
CDC:dcb
Enc.

TRIPp ENGINEERING P.C.
211.1/2 North Fifth Avenue
Wilmington, North Carolftia 28401
41 Phone: [phone] • Fax: [phone]
NCDEEINR
Division of Environmental Management
Water Quality Section
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Mr. Greg Stutts
Re: Jackeys Creek Phase II
Wilmington, NC
Revised Stormwater Management Plan
PGT No. 9688
Dear Greg:
September 3, 1996
Enclosed please find two sets of revised plans. As per our August
14, 1996 meeting at your office, we offer the following:
1) We revised the grading along Stonington Court to include
two new flumes. Velocities in the swales show non -erosive
velocities are maintained with the revision.
2) Added a secti6n of 15" pipe between lot Nos. 81 & 82 on
Whispering Cove Court.
Please review for approval and contact me with any questions or
comments. Thank you.
Mi e y
P i li G. Tri P.B.