SW8041030_Current Permit_20100312

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 12, 2010
Mr. LeRoy Johnson, President
Trailwood Section III Homeowners Association, Inc.
215 Middleridge Drive
Hubert, NC 28539-3897
Subject: Stormwater Management Permit No. SW8 041030
Trailwood Section III
Low Density with a Curb Outlet System Stormwater Project
Onlsow County
Dear Mr. Johnson:
Dee Freeman
Secretary
The Wilmington Regional Office received a complete Stormwater Permit Transfer of
Ownership Application for Trailwood Section III on March 2, 2010. As required by the
Stormwater Regulations set forth in Title 15A NCAC 2H.1000 effective September 1,
1995, this site was inspected on March 8, 2010 and found in compliance with permit
conditions. Therefore, permit SW8 041030 was transferred'on March 12, 2010 and
shall be effective until rescinded.
Please note that when.the President of the HOA changes, notification to this office of
the new point of contact for the Trailwood Section III HOA is required.
Please pay special attention to the Operation and Maintenance requirements in this
permit. Failure to establish an adequate system for operation and maintenance of the
stormwater management system will result in future compliance problems. The plans
previously approved on December 14, 2004 remain in full force and effect.
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within thirty (30)
days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-
7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact either Angela Hammers or me at [phone].
Sincerely,
Georgette Cott
Stormwater Supervisor
Division of Water Quality
GDS/akh: S:\WQSISTORMWATERIPERMIT1041030.mar10
cc: Onslow County Planning Department; WiRO; Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748 NO Carolina
Internet: www.nowaterqualily.org R'tllfrQlly
An Equal Opportunity 1 Affirmative Action Employer s

State Stormwater Management Systems
Permit No. SW8 041030
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT WITH A CURB OUTLET SYSTEM
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Trailwood Section I// HOA, Inc.
Trallwood Section Ill
Trailwood Drive, Swansboro Township, Onslow County
FOR THE
operation and maintenance of a 25% low density subdivision with a curb outlet system
in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and
specifications, and other supporting data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
1. The project is permitted for 43 lots, each limited to a maximum of 9,363 square
feet of built -upon area, as defined by the stormwater rules, and as indicated in
the approved plans. CAMA regulations may reduce the built -upon area for those
lots within the AEC.
2. The overall tract built -upon area percentagge for the project must be maintained
at 25%, per the requirements of Section .1005 of the stormwater rules.
3. This project proposes a curb outlet system. Each designated curb outlet swale or
100' vegetated area shown on the approved plan must be maintained at a
minimum of 100' long, maintain 5:1 �H:V) side slopes or flatter, have a
longitudinal slope no steeper than 5 /o, carry the flow from a 10 year storm in a
non -erosive manner, maintain a dense vegetated cover, and be located in either
a dedicated common area or a recorded drainage easement.
4. No piping shall be allowed except those minimum amounts necessary to direct
runoff beneath an impervious surface such as a road or under driveways to
provide access to lots.
5. Runoff conveyances other than the curb outlet system swales, such as perimeter
witches, must be vegetated with side slopes no steeper than 3:1 (H:V).
6. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
Page 2 of 5

State Stormwater Management Systems
Permit No. SW8 041030
11. SCHEDULE OF COMPLIANCE
Curb outlet swales, vegetated areas and other vegetated conveyances shall be
constructed in their entirety, vegetated, and be operational for their intended use
prior to the construction of any built -upon surface, per the approved plans
2. The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater management systems at
optimum efficiency to include:
a. Inspections
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Cleaning and repair of catch basin grates, flumes, piping, and the flow
spreader mechanism.
3. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition or sale of the project area. The project
area is defined as all property owned by the permittee, for which
Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, piping, or altering any vegetative conveyance shown on the
approved plan.
4. The Director may determine that other revisions to the project should require a
modification to the permit.
5. The permittee is responsible for verifying that the proposed built -upon area does
not exceed the allowable built -upon area. Once the lot transfer is complete, the
built -upon area may not be revised without approval from the Division of Water
Quality, and responsibility for meeting the built -upon area limit is transferred to
the individual property owner, provided that the permittee has complied with the
requirements of Section 11.12 of this permit.
6. 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.
7. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
8. Each lot in the subdivision covered by this permit will maintain a minimum 30 foot
wide vegetative buffer between all impervious areas and surface waters.
9. All roof drains must terminate at least 30' from the Mean High Water mark.
10. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of the Register of Deeds prior to the sale of any lot.
Page 3 of 5

State Stormwater Management Systems
Permit No. SW8 041030
11. Recorded deed restrictions must include, at a minimum, the following statements
related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number WOW, as issued by the
Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is � � ade a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on, all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,
Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
The maximum built -upon area per lot is 9,363 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina,
driveways, and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
g. 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.
h. Filling in, piping or altering any designated 5:1 curb outlet swale or
vegetated area associated with the development is prohibited by any
persons.
i. A 30' vegetated buffer must be maintained between all built -upon area
and the Mean High Water line of surface waters.
All roof drains shall terminate at least 30' from the Mean High Water mark.
k. Each designated curb outlet swale or 1 00'vegetated area shown on the
approved plan must be maintained at a minimum of 100' long, maintain
5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than
5%, carry the flow from a 10 year storm in a non -erosive manner, maintain
a dense vegetated cover, and be located in either a dedicated common
area or a recorded drainage easement.
12. The permittee must submit a copy of the recorded deed restrictions within 30
days of the date of recording.
13. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
14. Prior to transfer of ownership, the swales must be inspected and determined to
be in compliance with the permit. Any deficiencies will be repaired or replaced
prior to the transfer.
Page 4 of 5

State Stormwater Management Systems
Permit No. SW8 041030
15. The final plats for the project will be recorded showing all required swale
easements and common areas, in accordance with the approved plans.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Water Qualityy,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance, or
termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General
Statute 143-215.1 et. al.
5. The permit is not transferable to any person or entity except after notice to and
approval by the Director. The Director may require modification or revocation and
reissuance of the permit to change the name and incorporate such other
requirements as may be necessary. A formal permit transfer request must be
submitted to the Division of Water Quality accompanied by the appropriate fee,
documentation from both parties involved, and other supporting materials as may
be appropriate. The approval of this request will be considered on its merits, and
may or may not be approved. The permittee is responsible for compliance with
all the terms and conditions of this permit until the Division approves the permit
transfer.
6. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances imposed by other
government agencies (local, state and federal) which have jurisdiction. If any of
those permits or approvals result in revisions to the plans, a permit modification
must be submitted.
7. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater control system and
its' components.
8. The permittee shall notify the Division of Water Quality of any name, ownership
or mailing address changes within 30 days.
Permit issued this the 12th day of March 2010.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
w t;oieepr n. 6uuins, uirector
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 5

• F WArF
�0�0 9QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
q
O < Alan W. Klimek, P.E. Director
Division of Water Quality
#8(e)
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAMEIOWNERSHIP CHANGE
I. CURRENT PERMIT INFORMATION:
l�
1. Stormwater Management Permit Number: SW 8 041030
2. Permit Holder's Name: Swans Builders LLC 9
3. Signing official's Name: James E. McCotter Title: Mangger
(person legally responsible for permit)
4. Mailing Address: PO Box 7287
City: Jacksonville State: NC Zip: 28540
Phone: (910) Fax: (910)
II. NEW OWNER / PROJECT / ADDRESS INFORMATION:
1. This request is for: (please check all that apply)
X a. Change in ownership of the property/company (Please complete Items #2,
#3, and #4 below)
b. Name change of project (Please complete Item #5 below)
c. Mailing address change (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit: Trailwood Section Ill HOA, Inc.
3. New owner's signing official's name and title: i--Roy Johnson
Title: President
4. New Mailing Address 215 Middieridge Drive
City: Hubert State: NC Zip: 28539-3897
Phone: Fax:
New Project Name to be placed on permit: Trailwood Section III
Page 1 of 2
No06Carolina
11�tura!!ru
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 7%-7215
Wilmington Regional Office Internet: Hww.ncwalcrquality ,)rQ Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
Customer Service
1-877-623-6748

PERMIT NAMEIOWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER
QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED
WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The designer's certification, if required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance will
change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT
HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHAN E OF OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S
CERTIFICATION.
Current Permittee's Certification:
I, James E. McCotter. Manager of Swans Builders LLC , attest that this application
for a name/ownership change has been reviewed and is accurate and complete to the best of
my knowledge. I understand that if all required parts of this application are not completed and
that if all required supporting information and attachments are not included, this application
package will be eturned s incomplete.
Signature: -A 60S Date:
Jam E. McCotter, Manager
New Applicant's Certification: (Must be completed for all transfers of ownership)
1, . President of Trailwood Section III HOA Inc., attest that this application
for an ownership change has been reviewed and is accurate and complete to the best of my
knowled understand that if all required parts of this application are not completed and that
if all re uir 10 sup orti g information and attachments are not inclu , this application
package it r u e as incomplete. //�� ed
Signature: DatelA /kD1
(�
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ND: 4834-4770-2787, v. 1
Page 2 of 2

JAN-12-2010 TUE 10:15 AN NCDENR FAX NO. 910 350 2004 P. 06
Project Name: Trailwood Section llZ
Curb Outlet System Maintenance Requirements
Stormwater Permit No. SW8 041030
I acknowledge and agree by my signature below that 1 am responsible for the performance of the maintenance
procedures listed above. 1 agree to notify DWQ of any problems with the system or prior to any changes to the
system or responsible party.
Print name: Trailwood Section III HOA, Inc.
Title:_ LeRoy -Johnson. President
Note: The legally responsible party should not be a homeowners association unla" store than 50% of the tots have been sold and a
resident of the subdivision Im been named the president.
a Notary Public for the State of _ 1 V
County of (D n S(rJL,.) , do hereby certify that . L-Q rou F 0012A s OV)
personally appeared before stte this day of aL4 , e9Ot d , and acknswwwse the due
execution of the forgoing wet detention basin maintenance regttiremeats. Witness my hand and official seal,
w�
o•��p, �•• STA
T�egfA.
to
2
COV
SEAL
My commission expires 71a� / a-0 /,3
Page 1 of 2

Date Received Fee Paid Permit Number
I fit- o I o 30
State of North Carolina
Department of Environment and Natural Resnutrces
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Swans Builders, LLC
2. Print Owner/Si Win
Official's name and title (person legally responsible for facility and compliance):
Dewey L. $oraeaux, Manager/Member
3. Mailing Address for
.City:
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Trailwood, Section III
5. Location of Project (street address):
Trailwood Drive
City: Jacksonville County: ns ow
6. Directions to project (from nearest major intersection):
From the intersection NC 24 and SR 172, take SR 172 North towards SR 17". Turn right onto SR
1744, then take left onto Parkartown Rd. (SR 1432) then voor Left onto Lee Rogers End.
(SR 1431). Trailwood Bilve is an the Left.
7. Latitude: N 340 44' 12" Longitude: W 770 13' 43" of project
8. Contact person who can answer questions about the project:
Name: Jason A. Houston, E.I. Telephone Number: ( 910 455-2414
II. PERMIT INFORMATION:
1. Specify whether project is (check one): X New Renewal Modification
Form SW-101 Version 3.99 Page 1 of 4

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number and its issue date (if known)
3. Specify the type of project (check one):
_X—Low Density High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
_CAMA Major %_Sedimentation/Erosion Control - _404/401 Permit . _NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
L. In -the space provided -below., summarize how stormwater will be treated. Also attach a. detailed narrative
(one to two pages) describing stormwater management for the project.
5:1 grassed swales
2. Stormwater runoff from this project drains to the
3. Total Project Area:. 44.36 acres
5. How many drainage areas does the project have?.
White Oak
River basin.
4. Project Built Upon Area: 25 %
1
6. Complete the following information for each drainage area. If there are -more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Information
Drainage Area I
Drainage Area 2 {
Receiving Stream Name
I fa ,
Receiving Stream Class
-IT
SA- HOW
Drainage Area
44.36 Acres or 1,932,174 SF
Existing Impervious' Area
0
Proposed Impervious'` Area
483,014 SF
% Impervious" Area (total)
25 %
I�ervfous` Surface Area
Drainage Area I
Drainage Area 2
On -site Buildings
402,609 SF
On -site Streets
80,405 SF
On -site Parking
0
On -site Sidewalks
0
Other on -site
0
Off -site
0
Total: 483,014 SF
Total:
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4

7. How was the offsite impervious area listed above derived?
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment.
1. The. -following covenants are intended to -ensure ongoing compliance with state stormwater management permit number
as issued by the Division of Water Quality. These covenants may not be
changed or deleted without the consent of the State.
2. No more than 9,363 square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be tilled in, piped, or altered except as necessary to provide driveway crossings.
4. - Built -upon area in excess of the permitted amount requires a state stormwater management permit moMcation prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity
and performance of the system as permitted.
By your signature below, you certify that. the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SWLT-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU-104 Low Density Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off -Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-108 Neuse River Basin Supplement
Form SWU-109 Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
. Two copies of plans and specifications, including:
- Development/Project name
- Engineer and firm
-Legend
- North arrow
Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm): PARKER & ASSOCIATES, INC.
Mailing Address: P.O. BOX 976
City: JACKSONVILLE State: NC Zip: 28541
Phone: ( 910 ) 455 - 2414
VIII. APPLICANT'S CERTIFICATION
Fax: ( 910 ) 455 - 3441
I, (print or type name of person listed in General Information, item 2) De We u L • & rd Pa Lk,<, JTJE
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 2H .10
Signature: /� Date: C
Form SW-101 Version 3.99 Page 4 of 4

Permit No. S'w17 0--f/ 0 30
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORM WATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form =y be photocopied for use as an odginal
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in 15A NCAC 2H .1005 through .1007.
L PROJECT INFORMATION
Project Name :
Trailwood, Section III
Contact Person: Jason A_ Heucten, F.I. Phone Number: (910 ) 455-2414
Number of Lots: 43 Allowable Built Upon Area Per Lot*: 9,363 SF
*If lot sizes are not ............... ._ ... xdicating the number of lots, lot sizes and allowable built upon area
for each.iot. The attachment must include the project name, phase, page numbers and provide -area subtotals
and totals.
H. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculation in the space provided below where:
• SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor - the appropriate percent built upon area divided by 100.
• RA Road Area - the total impervious surface occupied by roadways.
• OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lots - the total number of lots in the subdivision.
• BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of -pavement.
Form SWU-104 Rev 3.99 Page 1 of 2

(SA x DF) - RA - OA BUA
No. Lots Lot
(1,932,174 SF * .25) - 80,405 SF
43 Lots
9,363 SF / lot BUA
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent on the Stormwater
Management Permit Application Form, the agent may initial below.
App ' 7sitials
a.
b.
r
A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to sale of any lots.
c. Built upon area calculations are provided for the overall project and all lots..
d. Project conforms to low density requirements within the ORW AEC (If applicable).
[15ANCAC 2H .1007(2)(b)]
Form SWU-104 Rev 3.99 Page 2 of 2

Permit No. 5&J'( 6 `i' / 0 -3
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORM«KATEI? MANAGEMENT PERMIT APDLIC ATION FORM
CURB OUTLET SYSTEM SUPPLEMENT
FOR LOW DENSITY DEVELOPMEM WITH CURB AND GUTTER
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review-
A complete stormwater management plan submittal includes a stormwater management permit application, a
curb outlet system supplement, a low density supplement, design calculations, and plans and specifications
showing all stormwater conveyances and curb outlet details.
I. PROJECT INFORMATION
Project Name : Trailwood, Section III
Contact Person: Jason A. Houston, E.I. Phone Number: ( 910) 455-2414
Curb outlets to (check one): k Swale 0 Vegetated Area
H. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A ~
NCAC 2H .1008.
Initial in the space provided to indicate that the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent on the Stonnwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
a. Curb outlets direct flow to a swale or vegetated area.
b. Swales or vegetated areas receiving curb outlet flow are designed to carry, at a
the peak flow from the 10-year storm.
Flow velocity is non -erosive for peak flow from the 10-year storm event.
3. Longitudinal slope of the swale or vegetated area does not exceed 5%.
Side slopes of the swale or vegetated area are no steeper than 5:1 (horizontal to vertical).
E Length of swale or vegetated area is > 100 feet.
g. The system takes into account the run-off at ultimate built -out potential from all surfaces
M/ r a
v
draining to the system (delineate drainage area for each swale).
Swales are located in recorded drainage easements.
Grass type(s) for permanent vegetative cover specified on detail.
Swale detail provided on plans.
Form SWU 105 Ver 3.99 Page 1 of 3

III. DESIGN INFORMATION
Complete the following table. If additional space is needed the information should be provided in the same
format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State
of North Carolina Erosion and Sediment Control Planning and Design Manual.
Table 1. Swale Design Information
Drainagea
Area (ac)
•
.
•
Form SWU-105 Ver 3.99 Page 2 of 3

HL CURB OUTLET SYSTEM MAINTENANCE REQUIREMENTS
1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches
at any time.
? . Swales wffl be inspect—ed monthly or after every runc,"If producing rainfall cv; nt for sediment build-up,
erosion, and trash accumulation.
3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded
following sediment removal.
4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a
timely manner based on the monthly inspections.
5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every
significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts,
velocity reduction devices and piping.
6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Water Quality.
I acknowledge and agree by my signature below that I am responsible for the performance of the six
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
0-int Name and Title: DPvdeu L. Rorde-guu.,7ME -M4naGler %MembeC
Address: 1P.0. 130� -7257 , JoicksonJillP d'..)C a8S41
Phone: ( 1 347 �QC� a Date: 9 I-7 1 0 4
Ta _
been sold and a
resident of the subdivision has been named the president.
.D I, ILA A4 5 4—eu,� a Notary Public for the State of-) (.,+ae,Mo► ,, County of Tk
do hereby certify that :De VJRi A L _ �Oti�P4 UIC� poly appeared before me this-7
day Of and acknowledge the due execution of the forgoing infiltration basin maintenance
requirements. Witness my hand and official seal, J
My commission expires 3 Z
Form SWU-105 Ver 3.99 Page 3 of 3

State Stormwater Management Systems
Permit No. SW8 041030
Project Name Trailwood Section III
Stormwater Permit No. SW8 041030
Onslow County
PERMITTEE'S CERTIFICATION
I, James E. McCotter, Manager of Swans Builders, LLC, hereby state that the stormwater controls
and impervious surfaces have been constructed within substantial compliance and intent of the
approved plans and specifications for Trailwood Section Ili.
Noted deviations from approved plans and specification: None.
Signature By: � A ��
James E. AcCotter, Manager of Swans Builders, LLC
Date 1.2Z.�a?Oor,
L'.W. a Notary Public for the State of
County of C%JALs&,, , do hereby certify that James E. hAcCotter, Manager of
Swans Builders, LLC personally appeared before me this . IwA day of
2009, and acknowledged the due execution of the forgoing certification. Witness my hand and official
seal,
Notary Signature:
My commission expires: ��?% -OL
ND: 4824-8038-4261, v. 1

(A
DECLARATION
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
IIII� IIINf if [NII III [I{li f �f ii Illlf III IIIII ali �� nl� IIN Ili IIt�
Doc Id 000632160039 Type; CRP
Recorded: O7/08/2005 at 31:14;13 At
Fes Amt: $128.00 Pape 1 of an
Ons��w County, -
nildred M ThomasCRegister OfJ0eeds
BK2476Pa72Q-756
THIS DECLARATION, made and entered into this the -k day of
2005, by and between SWANS BUILDERS, LLC (hereinafter called
"Declarant"); and ALL PROSPECTIVE PURCHASERS of Lots numbered 43 through 85,
inclusive; as same are shown and delineated on a map of Trailwood, Section III recorded in Map
Book , Page , Slide 1—' U 15 , (hereinafter referred to as "Subdivision") and
any other property annexed by Declarant in the future into the Subdivision pursuant to the
provisions of Paragraph 16 hereof;
W ITNES SETH:
WHEREAS, Declarant heretofore has acquired title to a tract of land, a portion of
which has been subdivided into Lots numbered. 43 through 85, inclusive (said numbered Lots
hereinafter referred to individually as "Lot" and collectively as "Lots") as same are shown on a
map entitled " Final Platt Showing Trailwood, Section III" which map is recorded in Map
Book, Page 0 7 , Slide said map hereinafter is referred to as the
"Recorded Plat"); and,
WHEREAS, Declarant intends to convey said Lots as same are shown and
delineated on the Recorded Plat by deeds, deeds of trust, mortgages and other instruments to
various persons and entities, subject to the restrictive and protective covenants, conditions and
easements herein set forth which are deemed to make the Subdivision more desirable and to be
for the benefit of all those who acquire title to any one or more of said Lots to the end that the

restrictive and protective covenants, conditions and easements herein set out shall inure to the
benefit of each person or entity which may acquire title to any or all of said Lots and which shall
be binding upon each such person or entity to whom or to which Declarant hereafter may convey
any of said Lots by deed, mortgage, deed of trust or other instrument.
NOW, THEREFORE, in consideration of the premises, Declarant hereby
covenants and agrees with said Prospective Purchasers that each of the Lots as shown on the
Recorded Plat shall be held, sold and conveyed subject to the restrictive and protective
covenants, conditions and easements hereinafter set forth (hereinafter referred to as the
"Restrictions") and said Restrictions shall become a part of each instrument conveying title to
any of said Lots as fully and to the same extent as if the Restrictions were set forth therein. As a
condition of the sale or conveyance of each of said Lots, the purchaser agrees and covenants to
abide by and conform with the Restrictions. No property shown on the Recorded Plat except the
Lots is encumbered by the Restrictions. Property, which is not included in a numbered Lot is not
encumbered by the Restrictions. The Declarant is not obligated to impose the Restrictions upon
any property other than the Lots.
THE RESTRICTIONS ARE AS FOLLOWS:
1. ARCHITECTURAL COMMITTEE. There hereby is constituted the
Trailwood III Architectural Committee ("Committee") to be appointed, to be replaced, to possess
the qualifications and to possess the powers as specified herein. The Committee shall consist of
one individual to be appointed by Declarant until Declarant transfers its right to make such
appointment. The initial member of the Committee hereby appointed by Declarant is Dewey L.
Bordeaux, III. He shall serve until he resigns or is replaced by Declarant. If the initial member
of the Committee resigns, the Declarant shall have the sole and absolute right to replace said
member unless the Declarant has transferred the right to appoint the Committee as provided
herein. The Declarant may transfer the power to appoint the Committee by a written document

recorded in the office of the Register of Deeds of Onslow County specifically referencing this
Declaration and specifically specifying the property for which the Committee appointment rights
are transferred. If Declarant transfers its right to appoint the Committee by a document recorded
in the office of the Register of Deeds of Onslow County specifically referring to this Declaration,
the designated transferee shall possess the powers specified in this Paragraph 1 to appoint the
Committee as to, but only as to, the property for which the Committee appointment rights have
been transferred. The member(s) of the Committee shall serve without compensation or
reimbursement. The Committee shall have the right to bring suit in its own name or in the name
of the owners of the Lots. If the Committee has more than one member, any member of the
Committee may call ameeting upon five (5) days notice to the other member(s) of the
Committee. A written decision signed by a majority of the member(s) of the Committee shall be
the decision of the Committee. Until changed by a written document executed by the Declarant
and recorded in the office of the Register of Deeds of Onslow County, the address of the
Committee is PO Box 7287, Jacksonville, North Carolina 28540, Attention: Dewey L.
Bordeaux, III.
The Declarant may transfer to a party such as the Corporation, (hereinafter
defined), its right to appoint the Committee for Trailwood, Section III and nevertheless retain the
right to appoint the Committee for any property hereinafter annexed into the Subdivision, with
the result that there may be more than one Committee operating simultaneously, with the
members of one Committee being appointed by the party to whom Declarant may have
transferred the right to appoint the Committee and the members of additional Committee(s)
being appointed by Declarant.
The provisions of this Paragraph 1 also shall apply to any Committee appointed
by the Declarant for property subsequently annexed into the Subdivision.

2. PROPERTY CONTROL.
a. Before any structure or improvement whatsoever (including, but
not limited to, dwellings, fences, mailboxes, paperboxes, patios, walls, storage buildings,
swimming pools, outbuildings, garages, carports or gazebos) may be erected upon any Lot, the
plans and specifications for such structure or improvement; the proposed location and orientation
in relation to streets or other Lots; and the construction materials, the covering material, style and
slope of the roofs and exterior color schemes shall have been approved in writing by the
Committee. Any garage, carport, gazebo or other outbuilding erected upon a Lot shall have the
same siding material and siding color and shall have the same roof material and roof color as the
dwelling located upon the Lot. After initial construction of a structure, any exterior changes or
additions to the structure and any exterior remodeling, reconstruction, alteration or building
addition on a Lot also shall require the prior written approval of the Committee.
b. Before construction of any structure commences, there shall be
submitted to the Committee two (2) complete sets of the final plans and specifications and details
for the proposed structure, the erection or alteration of which is desired. Such plans,
specifications and details shall include plot plans showing the location on the Lot of all structures
proposed to be constructed or altered, together with the proposed construction materials, color
schemes for exterior walls and roofs and proposed landscape planting.
C. The Committee shall approve or disapprove plans, specifications
and details within thirty (30) days from the receipt thereof. One (1) set of said plans,
specifications and details, with the approval or disapproval of the Committee endorsed thereon,
shall be returned to the person submitting them and the other copy thereof shall be retained by
the Committee for its permanent files. Any disapproval shall state specific reasons for the
disapproval. In the event the plans, specifications and details are not disapproved within
thirty (30) days after their receipt by the Committee, they shall be deemed approved.

d. The Committee shall have the right to disapprove any plans,
specification or details submitted to it in the event they are not in accordance with the provisions
of these Restrictions; if the design, height, construction materials, exterior finish or color scheme
of the proposed structure is not in harmony with the general surroundings of such Lot or with the
adjacent structures; if the plans, specifications and details submitted are incomplete; or if the
Committee deems the plans, specifications or details, or any part thereof, to be contrary to the
interests, welfare or rights of the owner of any Lot. All decisions of the Committee shall be
final.
e. Once the plans, specifications and details have been approved by
the Committee, construction shall adhere to those plans, specifications and details in all material
respects. If a material deviation is proposed, it shall be approved in writing by the Committee
before construction proceeds.
Neither the Committee nor any agent thereof shall be responsible
or liable for any defects in any plans, specifications or details submitted, revised or approved; for
any structural or other defects in any work done according to such plans, specifications or
details; for refusing to approve plans for any reason whatsoever; for the failure of any plans
submitted to comply with these Restrictions; for the failure of any approved or unapproved
construction to conform to the provisions of the plans, specifications or details or these
Restrictions; for failure to enforce these Restrictions; or for the failure to enjoin construction
which has either not been approved by the Committee or which is not being performed in
accordance with plans, specifications and details which have been approved by the Committee.
Approval by the Committee shall not relieve a Lot owner from obtaining any required
governmental approval of any proposed action or from conforming with the provisions of these
Restrictions.

3. USE, SIZE, CONSTRUCTION AND PLACEMENT OF RESIDENCES
AND STRUCTURES.
a. Only one (1) single-family residential dwelling designed for use as,
and used as, a single-family residential dwelling, one (1) outbuilding and other appurtenant
structures which are not outbuildings, all of which comply with these Restrictions and all of
which shall have been approved by the Committee may be constructed, erected, placed or
maintained on any Lot. Each Lot shall be used for single-family residential purposes only and
no more than one (1) single family (and its attendant butler, maid or nanny) may reside on a Lot
at any one time. No improvement of any kind, other than a single-family residential dwelling
and other improvements which are not prohibited herein may be constructed, erected, placed or
maintained on any Lot. Except as hereinafter provided, no Lot shall be used for an office,
business, or other operation to which persons physically visit to obtain goods or services; no
goods shall be stored on a Lot for the purpose of delivery to persons not residing on that Lot; and
no goods shall be delivered to a Lot by delivery trucks or otherwise if the goods are intended to
be delivered thereafter to persons not residing on that Lot. The foregoing notwithstanding, the
following are not prohibited by this Paragraph 3(a): (i) the storage by an occupant living in the
residential dwelling on a Lot of goods intended to be delivered as gifts to a family member or
personal acquaintance of said occupant; or, (ii) the maintenance by Declarant of a model home
and/or sales office on any Lot which Declarant owns or leases as permitted by this
Paragraph 3(a). No lot may be used for a daycare center, after -school care center, nursery or
similar use. However, it shall not be a violation of these Restrictions for an occupant residing on
a Lot to hire a sitter or other caregiver to come upon that Lot to care for members of said
occupant's family who also reside on that Lot. It is provided, however, that notwithstanding the
foregoing restrictions, Declarant, or a party designated by Declarant in writing, may operate or
allow the operation of a sales office on a Lot so long as Declarant or such designated party is

offering for sale either Lots or previously unoccupied houses located in the Subdivision, located
on any other property owned by Declarant or such designated party and located in the same area
as the Subdivision or located on the property described by the deed recorded in Book 1642,
Page 5.
b. Each dwelling in the Subdivision shall contain no less than
1,800 square feet of heated floor area and no less than 1,000 square feet of heated floor area on
the first floor. Unless they are the one (1) permitted outbuilding, garages shall be attached to the
dwelling in the manner provided in Paragraph 4 hereof. Any permitted outbuilding erected upon
a Lot shall have the same siding material and siding color and shall have the same roof material
and roof color as the dwelling located upon the Lot. All roofs on the dwelling and on any
permitted outbuilding shall have a least a 5/12 roof pitch.
C. No dwelling constructed on a Lot shall exceed two and one-
half (21/2) stories in height. The Committee shall have the authority to establish regulations
pertaining to the height and size requirements of all other types of structures.
d. No building or above ground structure, except approved fences,
mailboxes and paper boxes, shall be located nearer to any Lot boundary line than the building
setback lines shown on the Recorded Plat. The establishment of standard inflexible building
setback lines for the location of buildings tends to force construction of structures both directly
behind and directly to the side of other structures with detrimental effects on privacy,
preservation of important trees and wetland areas. Therefore, no specific setback lines are
established by these Restrictions except as set forth above. In order to insure, however, that the
location of structures will be staggered where practical and appropriate; that the maximum
amount of view and attractiveness will be available to each structure; that the structures will be
located with regard to the topography of each individual Lot; and that the location will take into
consideration the location of iarge trees, iot elevations, wetland areas, Stormwater Management

Facilities (as hereinafter defined), and similar considerations, the Committee shall have, and
hereby is granted, the right to control absolutely and to decide in its sole discretion the precise
site and location of any dwelling or other structure upon any Lot; provided, however, that such
location shall be determined only after reasonable opportunity is afforded the owner of the Lot to
recommend a specific site, but such location shall be within the minimum setback lines shown on
the Recorded Map. The exact location of the dwelling and any permitted outbuildings shall be
shown on the site plan for each Lot and approved by the Committee. The provisions of these
Restrictions supersede the notes on the Recorded Plat.
e. Except as hereinafter provided in this Paragraph 3(e), any fence
located on a Lot shall be constructed behind the front face of the dwelling located on the Lot and
shall be no greater than six (6) feet in height. It is provided, however, that a privacy fence
enclosing an area not larger than one hundred sixty (160) square feetmay be constructed at a
height greater than six (6) feet but not greater than eight (8) feet. Any such permitted privacy
fence shall be located behind the rear face of the dwelling located on the Lot. All fences shall be
constructed of pressure treated wood; decay and insect resistant wood such as cedar, juniper or
redwood, or of vinyl. No chain link fences shall be constructed on any Lot. All swimming pools
shall be enclosed by an approved privacy fence meeting the criteria set forth above.
f. No above -ground structure, except approved fences, mailboxes, paper
boxes, and paving may be constructed or placed on any Lot in the Subdivision except within the
building lines stated in this Paragraph 3. All mailboxes constructed within the Subdivision shall
be constructed and located according to mailbox plans and specifications from time -to -time
adopted by the Committee. The intention of these Restrictions is that all mailboxes shall be
identical.
g. The exterior of any dwelling or other permitted outbuilding located
on a Lot shall be either brick, stucco, vinyl, wood, masonry fibrous cement board such as

"Hardie Plank," or split -face block, or some combination of the aforesaid sidings. Any wood
siding shall be either juniper, cedar or cypress. No exterior surface shall consist of masonite,
asbestos, metal sidings or exposed concrete blocks (except masonry fibrous cement board such
as "Hardie Plank" or split face block). All sidings shall be cleaned as often as is necessary to
prevent the accumulation of mildew on the siding.
h. The roofing material of any dwelling or other permitted
outbuilding located on a Lot shall be either "architectural style" or "three dimensional asphalt"
shingles.
i. At the time a dwelling is constructed on a Lot, there also shall be
constructed by the installation of Centipede, Saint Augustine or Zoysia grass sod, a contiguous
lawn from the front face of the dwelling located on said Lot to the pavement of the road right of
way in front of said Lot and from side lot line to side lot line. That lawn shall comply with the
North Carolina State Stormwater Management Permit No. SW8041030 for the Subdivision and
any amendments, additions or replacements thereof. With respect to any Lot hereinafter annexed
into the Subdivision, there also shall be constructed a lawn as provided above (hereinafter all
North Carolina Stormwater Management Permits applicable to the Lots and any Lots hereinafter
annexed into the Subdivision, and any amendments, additions or replacements thereof are
collectively referred to as the "Permit"). Thereafter, such lawn, including any portion thereof
upon which is located any Stormwater Management Facilities (hereinafter defined), shall be
maintained by the owner of the Lot in a mowed condition, and the owner of said Lot shall not
damage or allow any damage to occur to any such Stormwater Management Facilities. Until
such time as ground cover is established on a Lot, any stormwater diversion swale located on
said Lot shall not be graded or otherwise modified except in compliance with the Permit. The
Permit requires, at a minimum, the replacement of the stormwater diversion swale with a silt
fence until ground cover is established on the entire Lot. After ground cover is established on a

Lot, the stormwater diversion swale located on a Lot may be graded; provided, however, that
such grading is performed in compliance with the Permit. The owner of the Lot upon which
such grading is performed shall be responsible for all maintenance of the swale and for
compliance with all requirements of the Permit.
j. The Subdivision is subject to North Carolina Sedimentation and
Erosion Control Permits. The owner of any Lot or annexed Lot subject to such North Carolina
Sedimentation and Erosion Control Permits shall be responsible for compliance with all
requirements of said permits.
4. GENERAL PROHIBITIONS AND REQUIREMENTS.
a. Without the approval of the Committee, no well shall be installed
or used upon any Lot. Water shall be provided by public water supply. All plumbing fixtures,
dishwashers, toilets and sewage disposal systems shall be connected to a sewage system
approved by the appropriate governmental authority, which system may be an individual septic
tank. No outside toilet shall be constructed or permitted on any Lot except during construction
of the main residence.
b. All structures constructed or placed on any Lot shall be built of
substantially new material and no used structure shall be relocated or placed on any such Lot.
C. Any dwelling located on any Lot shall be "stick built" on site. No
temporary residence, mobile home, double -wide or multiple -wide mobile home, modular home
(whether built off -site on a frame or constructed off -site in modules and transported to a Lot by
vehicle and placed on a permanent foundation on -site), trailer, camper, tent or other building
shall be placed on or erected on any Lot. It is provided, however, that the Declarant may grant
permission for the use of a temporary structure for storage of materials during construction. Any
such temporary structures as may be approved shall not be used at any time as a dwelling.

d. Once construction is started on any Lot, the improvements and
landscaping shall be completed in accordance with the plans and specifications, as approved,
within twelve (12) months from commencement, with extensions as approved by the Declarant
or its designated successor or assign. No dwelling may be occupied until it is completed.
e. No animals, birds or fowl shall be kept or maintained on any Lot
except not more than two (2) dogs, two (2) cats, four (4) rabbits and a reasonable number of pet
birds and fishes may be kept thereon for the pleasure and use of the owners of a Lot, but not for
any commercial use or purpose. All pets must remain within the confines of the owner's
property.
f. Except when used during and as a part of the construction of a
dwelling on the Lot, no trucks or buses (other than pickup trucks of one (1) ton capacity or less,
small vans, or small trailers) shall be parked overnight on any Lot except in an enclosed garage.
A pleasure boat on its trailer and recreational vehicles may be parked or stored on a Lot behind
the front face of the dwelling located on the Lot and not nearer than ten (10) feet to any side or
rear lot line.
g. All vehicles parked on any Lot shall have current license plates
and registration and, if the vehicle is a motor vehicle, the vehicle shall have a current motor
vehicle inspection sticker.
h. No vehicle or other item may be parked on any street or street
right-of-way except by contractors during the construction of a dwelling on a Lot, or during the
construction of the streets and utilities of the Subdivision.
Every storage tank, including but not limited to fuel storage tanks,
and every outdoor receptacle for ashes, trash, rubbish or garbage shall be installed underground,
screened with fences or shrubs or placed and kept so as not to be visible from other Lots or from
any street.

No outdoor clotheslines shall be located on a Lot.
k. All Lots upon which a dwelling has been constructed shall be well
maintained and no unattractive growth shall be permitted._ No accumulation of rubbish or debris
shall be permitted on any Lot.
1. No noxious, offensive or illegal activities shall be allowed on any
Lot nor shall anything be done on any Lot that shall be or become an annoyance or nuisance to
the neighborhood.
M. Only one antenna mast which shall not extend more than ten (10)
feet above the highest ridge of the dwelling to which it is attached is allowed on any Lot. No
towers are permitted. Any satellite dish shall not exceed thirty-four (34") inches in diameter and
shall be mounted behind the front face of the dwelling located on. the Lot.
n. Any dwelling or outbuilding on any Lot which is destroyed in
whole or in part by fire, windstorm or by any other cause, shall be rebuilt or all debris removed
and the Lot restored to a sightly condition with reasonable promptness; provided, however, that
in no event shall such debris remain longer than ninety (90) days.
o. No trash, ashes, garbage or other refuse shall be dumped or stored
or accumulated on any Lot. No burning of household refuse is permitted.
p. All signs, such as builder's signs and realtor's signs, shall be
approved by the Committee. Those signs shall be placed in the center of the Lot at least six (6)
feet behind the street right-of-way line. Under no circumstances may signs be nailed to trees.
Such signs may be used only on a temporary basis. It is provided, however, that "for sale" type
signs may be placed by the Declarant or its designated successors and assigns on any property
owned by Declarant or its designated successor and assigns and within the street rights of way
without the approval of the Committee.

q. All dwellinLys shall have a concrete driveway at least nine (9) feet
in width running from the pavement of the street on which the Lot fronts to the front face of the
dwelling located on the Lot.
automobiles.
Each Lot shall contain off street parking spaces for parking two (2)
S. Resubdivision of Lots is not prohibited so long as the number of
Lots is not increased and so long as each resultant Lot contains the number of square feet
required by any applicable law or ordinance. In case of any such resubdivision or in the event
two (2) or more Lots are combined, any drainage and utility easements not then being used and
setback lines which theretofore existed along the side lot lines of said Lots, whether reserved in
these Restrictions or shown on the Recorded Plat, shall be moved automatically to the side lot
lines of the resubdivided or combined Lots. Notwithstanding the foregoing, no such
resubdivision of Lots shall affect the location of any Stormwater Management Facilities or the
obligations of the owners of said resubdivided Lots with respect to said Stormwater Management
Facilities located upon the Lots as resubdivided.
t. Omitted.
U. All electrical, telephone, cable, television service and other utility
lines in the Subdivision shall be installed underground.
V. Each owner whose Lot is adjacent to available underground
electrical service also agrees to complete the underground secondary electrical service to said
owner's residence.
W. "Stormwater Management Facilities" as those words are used in
these Restrictions shall mean all areas consisting of ditches and swales in existence at the time
the Subdivision roads are constructed and which are constructed pursuant to, and regulated by,
the Permit. Some of the Stormwater Management Facilities are located on the Lots. No

structure, plantings or other material shall be placed or permitted to remain, and no activities
shall be undertaken on, the portion of any Lot upon which Stormwater Management Facilities
are located which may damage or interfere with the maintenance, use and operation of the
Stormwater Management Facilities; which may affect or change the direction of the flow of
water through such facilities; which damage, interfere or are not in compliance with the slope
ratios required by the Permit; or which create erosion problems. In the event the owner of a Lot
shall damage or through negligent failure to act allow damage to occur to any such Stormwater
Management Facilities, the owner of said Lot shall be responsible and liable for the repair or
replacement of said Stormwater Management Facilities as provided in these Restrictions.
X. The covenants in this Subparagraph 4(x) are intended to ensure
ongoing compliance with the Permit, as issued by the Division of Water Quality under
NCAC 2H.1000. Each owner of each Lot within the Subdivision, with respect to such owner's
Lot, agrees and covenants to comply with the following covenants with respect to the Permit and
the Stormwater Management Facilities and agrees to the activities set forth below.
(i) Declarant, the Corporation and the State of North Carolina
are made a beneficiary of the covenants in this Subparagraph 4(x) to the extent necessary to
maintain compliance with the Permit. The covenants contained in this Subparagraph 4(x) are to
run with the land and be binding on all persons and parties claiming under them. This
Subparagraph 4(x) pertaining to stormwater regulations may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water Quality. Alteration
of the drainage as shown on the approved plan may not take place without the concurrence of the
State of North Carolina, Division of Water Quality.
(ii) The maximum allowable "Built -upon Area" for each Lot is
Nine Thousand Three Hundred Sixty -Three (9,363) square feet. This allotted amount includes
all Built -upon Area constructed within the Lot property boundaries and that portion of the

right-of-way between the front lot line and the edge of the pavement. "Built -upon Area"
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina,
driveways and parking areas, but does not include raised, open wood decking or the water
surface of swimming pools. Lots within CAMA's Area of Environmental Concern may have the
permitted Built -upon Area reduced due to CAMA jurisdiction within the Area of Environmental
Concern. No owner of a Lot shall allow the Built -upon Area of said owner's Lot to exceed the
maximum Built -upon Area allotted to said owner's Lot. Should Declarant annex additional Lots
into the Subdivision, Declarant may set forth any limitation on the Built -upon Area that may be
located on each such additional Lot annexed into the Subdivision.
(iii) Filling in, or piping or altering of any 3:1 vegetative
conveyances or other vegetative conveyances (ditches, swales, etc.) associated with the
development, except for average driveway crossings, is strictly prohibited by any persons.
(iv) Each Lot will maintain a thirty (30) foot wide vegetated
buffer between all Built -upon Areas and the mean high water line of impervious areas and
surface waters. All roof drains shall terminate at least thirty (30) feet from the mean high mater
line of surface waters. Filling in, piping or altering any designated 5-1curb outlet swale
associated with the development is prohibited by any person.
(v) The Subdivision contains a curb outlet system. Each
designated curb outlet swale shown on the approved plan must be maintained at a minimum one
hundred (100) feet long with 5:l(H:V) slide slopes or flatter, have a longitudinal slope no steeper
than five percent (5%), carry the flow from a ten (10) year storm in a non -erosive manner, and
maintain a dense vegetated cover and be located in either a dedicated common area or a recorded
drainage easement.

(vi) All permitted runoff from outparcels or future development
property shall be directed into the permitted stormwater control system. These connections to
the stormwater control system shall be performed in a manner that maintains the integrity and
performance of the stormwater control system as permitted.
(vii) Declarant, the Corporation, the State of North Carolina and
their respective successors and assigns, reserve and retain the right to go upon any Lot to inspect
for compliance of such Lot with the Permit and to maintain, repair, replace and construct ditches
and devices necessary to insure that such Lot is in compliance with the Permit.
y. Not more than one (1) building which is not attached to the dwelling by a
shared common wall at least twelve (12) feet in length shall be constructed, erected, placed or
maintained on any Lot. Any building not so attached ('outbuilding") shall have a floor -area
square footage of at least one hundred forty-four (144) square feet. The roof pitch, color and
other characteristics shall be the same as the dwelling located upon the Lot.
Lots 48, 59, 62, and 68, inclusive, as shown on the Recorded Plat shall not
to be subdivided and are limited to one (1) dwelling per lot.
aa. Lots 43, 66, 70, and 71, inclusive, as shown on the Recorded Plat, are
corner lots. These lots shall be limited to one (1) driveway per lot, the location of which shall be
approved by the Committee at the time it reviews the construction plans for said Lots.
5. RESERVATION OF EASEMENTS AND RIGHTS BY DECLARANT.
Declarant hereby reserves for itself, its successors and assigns, for any
purposes it deems useful to its development of the Subdivision, the development of other
property now owned or which may be owned in the future by Declarant, including but not being
limited to, all the property described in the deed recorded in Book 1642, Page 5, or the
development of other property to which Declarant may grant the benefit of such easements, those
easements shown on the Recorded Plat and the following additional easements and rights:

a. A nemetual easement for ingress, egress, regress, access, the
installation and maintenance of utilities, further subdivision, and the right to dedicate to public
use, over, under and upon Trailwood Drive, Middle Ridge Drive, and Anniston Court, all streets
shown on the Recorded Plat, all drainage and utility easements shown on the Recorded Plat or
lying within the Subdivision and the water and sewer easements shown on the Recorded Plat or
lying within the Subdivision;
b. The right to grant easements for the purposes of ingress, egress,
regress, access, the installation, use and maintenance of utilities and further subdivision, over,
under and upon (i) Trailwood Drive, Middle Ridge Drive and Anniston Court and (ii) the
drainage and utility easements and easements for the water and sewer systems located within the
Subdivision, to any property outside the Subdivision to which Declarant deems the grant of such
easements desirable, including, but not limited to, the property described by the deed recorded in
Book 1642, Page 5, whether or not the property to which the easements are granted is owned by
Declarant;
C. A perpetual easement over, under and upon Trailwood Drive,
Middle Ridge Drive, and Anniston Court and the drainage and utility easements shown on the
Recorded Plat for the purpose of establishing, constructing and maintaining any underground
utility, conduits and wires for telephone, electric power and other purposes and of laying,
installing and maintaining facilities for sewage, potable and non -potable water, gas, storm
drainage and other utilities therein. This reservation shall not be construed as an obligation of
Declarant to provide or maintain any such activity or services;
d. A perpetual access easement over, under and upon the Lots to trim,
cut and remove any trees and brush necessary for the installation, operation and maintenance of
utility lines, gas, water and sewer mains and other services for the convenience of the property
owners and appurtenances thereto;

e. A perpetual and exclusive easement for the installation and
maintenance of radio and television transmission cables within the rights -of -way and easement
areas reserved and defined above; and,
f. The right to subject the real property in the Subdivision to a
contract with Progress Energy or any other public utility for the installation of underground
electric cables and/or the installation of street lighting, either or both of which may require an
initial payment and/or a continuing monthly payment to Progress Energy or other public utility
by the owner of each Lot.
g. On each Lot, the rights -of -way and easement areas reserved by
Declarant or dedicated to public utilities purposes shall be maintained continuously by the Lot
owner and no structure, plantings or other material shall be placed or permitted to remain, or
other activities undertaken which may damage or interfere with the installation or maintenance
of utilities, or which may change the direction of the flow of water through drainage channels in
the easements, or which damage or interfere with established slope ratios or which create erosion
problems. It is provided, however, that where the existing location of an easement or drainage
channel reserved in these Restrictions or shown on the Recorded Plat would hinder the orderly
development of the Lot on which the easement is located, the easement or drainage channel may
be relocated by Declarant. Improvements within such areas also shall be maintained by the Lot
owner except for those for which a public authority or utility is responsible.
h. Omitted.
i. A perpetual easement on behalf of itself, its successors and assigns,
over, under and upon that tract of land located between Lots 75 and 76 and shown on the
Recorded Plat for the purposes of ingress, egress, access, the installation and maintenance of
utilities, further subdivision and the right to construct and dedicate roads to Declarant's property
adjacent to said lots, as part of Declarannt's future development.

6. RESERVATION OF MINERAL ROYALTY RIGHTS. Each Lot is
subject to the reservation of mineral royalty rights recorded in Book 1647, Page 1043.
7. RIGHT OF DECLARANT COMMITTEE AND CORPORATION TO
PERFORM CERTAIN MAINTENANCE.
In the event the owner of any Lot shall fail to maintain the Lot and/or the
improvements situated thereon in a manner in keeping with these Restrictions, in addition to any
other rights set forth herein or provided by law, the Declarant and the Committee shall have the
right, but not the obligation, through their agents and employees, to enter upon said Lot and
clear, clean, repair, maintain and restore the Lot, the exterior of any building and any other
improvements erected thereon. There is included in the authority herein granted the power to
clear Lots of undergrowth, rubbish, debris, weeds or grass. In the event the owner of any Lot
shall damage or through negligent failure to act allow damage to occur to any Stormwater
Management Facilities located on said owner's Lot or fail to comply with all applicable North
Carolina Sedimentation and Erosion Control Permits, in addition to any other rights set forth
herein or providedby law, the Declarant, the Committee and the Corporation shall have the right,
but not the obligation, through their agents and employees, to enter upon said Lot and clear,
clean, repair, maintain and restore the Stormwater Management Facilities and to bring the Lot
into compliance with the applicable North Carolina Sedimentation and Erosion Control Permits.
There is included in the authority herein granted the power to clear Lots of undergrowth, rubbish,
debris, weeds or grass.
The cost of the maintenance or repair authorized by this Paragraph 7 shall be
considered the legal obligation of the Lot owner and the Declarant, the Committee or the
Corporation, as applicable, may maintain an action in court having jurisdiction for such cost.
The cost shall not constitute alien on said Lot unless and until the final judgment of such court

shall be entered in the office of the Clerk of Court of Onslow County. Any such lien obtained
shall be subordinate to any first deed of trust.
8. TRAILWOOD SECTION III HOA, INC.
a. A corporation named the Trailwood Section III HOA, Inc. (the
"Corporation") has been or will be formed at the direction of the Declarant pursuant to the rules
and requirements of the Nonprofit Corporation Act (Chapter 55A) of the General Statutes of
North Carolina as an association of the owners of the Lots. Its purposes are to oversee, inspect,
maintain, repair and replace the Stormwater Management Facilities constructed pursuant to the
Permit; to enforce the provisions of the Permit; to enforce each Lot owner's obligations with
respect to the Stormwater Management Facilities pursuant to the Restrictions; to enforce each
Lot owner's obligations with respect to all applicable North Carolina Sedimentation and Erosion
Control Permits; and, if and only if, and when and only when, Declarant transfers to the
Corporation the right to appoint the members of a Committee in the manner provided in
Paragraph 1 hereof, to appoint the members of such Committee. The Corporation shall have no
authority to do any act except in regard to the Permit, the Stormwater Management Facilities; the
North Carolina Sedimentation and Erosion Control Permits; and if and only if, and whey, and
only when, Declarant transfers its right to appoint the Committee to the Corporation, then and
only then, to appoint the Committee. The Corporation shall have no authority with respect to the
Committee for Lots located in Trailwood, Section III until such time as Declarant transfers to the
Corporation its right to make the appointments to the Committee pursuant to the provisions of
Paragraph 1 hereof. The Corporation shall have no authority with respect to the Committee for
Lots hereinafter annexed into the Subdivision until such time as Declarant transfers to the
Corporation Declarant's right to make such appointments to the Committee for the annexed
property pursuant to the provisions of Paragraph 1 hereof. The Declarant may transfer to the
Corporation its rights to appoint the Committee for Trailwood, Section III and nevertheless retain

the right to appoint the Committee for any property hereinafter annexed into the Subdivision,
with the result that there may be more than one Committee operating simultaneously, with the
members of one Committee being appointed by the Corporation and the members of another
Committee(s) being appointed by Declarant.
b. The Declarant shall have the right, but not the obligation, to annex
into the Subdivision additional property now or in the future owned by Declarant and adjacent to
the Subdivision including, but not limited to, property included in the tract of land described by
'the deed recorded in Book 1642, Page 5. From and after the date of such annexation, the
annexed Lots shall be subject to the jurisdiction of the Corporation (except for Declarant's
retained right to appoint the Committee for such annexed Lots) and the owners of the annexed
Lots shall be members of the Corporation.
C. Each owner of each Lot within the Subdivision shall be a member
of the Corporation. The Declarant, by this Declaration, and the owners of each individual Lot,
by their acceptance of a deed thereto, covenant and agree with respect to the Corporation:
(A) That for so long as each is an owner of a Lot within the Subdivision, each will perform all
acts necessary to remain in good and current standing as a member of the Corporation; and
(B) That any unpaid assessment, whether general or special, levied by the Corporation in
accordance with these Restrictions, the Articles of Incorporation (herein called the "Articles") or
the Bylaws of the Corporation (herein called the "Bylaws")shall be a lien upon the Lot upon
which such assessment was levied and also shall be the personal obligation of the person who
was the owner of the Lot at the time the assessment fell due.
d. Each membership in the Corporation shall relate to and have a
unity of interest with an individual Lot which may not be separated from the ownership of said
Lot. The books and all supporting documentation, the Declaration, the Articles, the Bylaws, and

all amendments thereto shall be available for examination by all Lot owners, and their lenders or
their lenders' agents during normal business hours at the principal office of the Corporation.
e. The Corporation shall have one class of members. The members
shall be all owners of a Lot, and they shall be entitled to one vote for each Lot owned; provided,
however, when more than one person holds an interest in any Lot, all such persons shall be
members; however, the vote for such Lot shall be exercised as they, among themselves,
detcrmine, but in no event shall more than one vote or any fraction of a vote be cast with respect
to any Lot.
f. The Declarant shall, at its sole cost and expense, initially construct
all Stormwater Management Facilities required to be located upon the Lots or upon any property
annexed into the Subdivision by the Declarant to the standards required by the applicable Permit.
Upon completion of the initial construction of said Stormwater Management Facilities located in
Trailwood, Section III and, thereafter, upon completion of the initial construction of the
Stormwater Management Facilities required by the applicable Permit for any additional property
annexed by Declarant into the Subdivision, the Declarant shall transfer the applicable Permit for
Trailwood, Section 111and the applicable Permit for the property annexed by Deciarant into the
Subdivision to the Corporation and the Corporation shall accept the transfer of the applicable
Permit from the Declarant upon the earlier to occur of (i) the date the North Carolina Department
of Environment and Natural Resources allows such transfer to occur; or, (ii) in the case of
Trailwood, Section III, the date after which at least fifty percent (50%) of the Lots are conveyed
to owners other than Declarant. With respect to property hereinafter annexed into the
Subdivision by the Declarant, the Permit may be transferred by Declarant after the date upon
which at least fifty percent (50%) of the annexed Lots are conveyed to owners other than
Declarant. Prior to any such transfer, the Stormwater Management Facilities for the respective
Subdivision section, including any property annexed by Declarant into the Subdivision, shall be

certified, either by state inspection or by a licensed engineer, as being in compliance with the
applicable Permit prior to such assignment or transfer. The Corporation shall indemnify and
hold Declarant harmless from any loss, cost, claim, fee, fine, suit, damage or expense, including
reasonable attorneys' fees, incurred by Declarant in the defense of any action against Declarant
as the holder of the Permit occurring after Declarant tenders transfer of the Permit to the
Corporation following the approval of such transfer by the North Carolina Department of
Environment and Natural Resources and the certification of compliance as set forth above.
Further, Declarant may bring an action for specific performance of the obligations of the
Corporation pursuant to this paragraph. From and after the transfer of the Permit from the
Declarant following the approval of the North Carolina Department of Environment and Natural
Resources, the oversight, supervision, management and administration of the Permit shall be the
sole responsibility of the Corporation. The Corporation's duties with regard to the Permit shall
be carried out in accordance with the terms and conditions of these Restrictions, the Articles, the
Bylaws and the Permit. The Corporation hereby is granted and conveyed an easement over,
under and upon each Lot for the purpose of access to and inspection, maintenance, repair and
replacement of all Stormwater Management Facilities located upon each Lot. in the event, the
Declarant annexes additional property into the Subdivision and transfers the applicable Permit to
the Corporation, the Corporation shall have, and hereby is granted and conveyed, an easement
over, under and upon each annexed Lot for the purpose of access to and inspection, maintenance,
repair and replacement of all Stormwater Management Facilities located upon each annexed Lot.
g. The expenses of the Corporation shall include:
(i) All amounts expended by the Corporation in holding and
being responsible for the obligations of the Permit and overseeing, supervising, administering,
managing, repairing, replacing and insuring all Stormwater Management Facilities located within
the Subdivision as required by these Restrictions; all amounts expended by the Corporation in

enforcing the provisions of these Restrictions; all amounts expended by the Committee in the
performance of its Committee duties hereunder from and after the time Declarant transfers its
right to appoint the members of the Committee pursuant to the provisions of Paragraph 1 hereof;
and all amounts expended by the Corporation in legal, engineering or architectural fees and all
similar fees which may be incurred by the Corporation from time to time in performing the
functions delegated to the Corporation by these Restrictions.
(ii) All amounts expended by the Corporation in carrying out
any duty or discretion as may be required or allowed by these Restrictions, the Articles or the
Bylaws.
(iii) All amounts expended by the Corporation in operating,
administering, managing, repairing, replacing, improving, paying all taxes imposed on and
insuring the Entrance Sign.
h. Declarant and each Lot owner hereby covenant and agree, and
each owner of any Lot by acceptance of a deed for the same (whether or not it shall be so
expressed in such deed) is deemed to covenant and agree, to pay to the Corporation annual
general assessments or charges as hereinafter provided. The annual general assessments;
together with interest, costs and reasonable attorneys' fees, shall be a charge and lien on the land
and, subject to the provisions of Paragraph 8(o) hereof, shall be a continuing lien upon the
property against which each such assessment is made. Furthermore, each such assessment,
together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation
of the person who was the owner of the Lot at the time when the assessment fell due. The
personal obligation for delinquent assessments shall not pass to a successor in title to a Lot
unless expressly assumed by them, but, subject to the provisions of this Declaration, delinquent
assessments shall continue to be a lien upon such Lot.

(i) Until January 1, 2006, the annual general assessment shall
be Fifty Dollars ($50.00) per Lot.
(ii) From and after January 1, 2006, the annual general
assessment may be increased upon the vote of a majority of the Board of Directors of the
Corporation by no more than ten percent (10%) of the annual general assessment for the
preceding year.
(iii) Any increase of the annual general assessment exceeding
ten percent (10%) of the annual general assessment for the preceding year must be approved by
the owners of at least two-thirds (2/3) of the Lots who are voting in person or by proxy at a
meeting called for this purpose.
(iv) Once the annual general assessment has been set, notice of
the annual general assessment shall be given to all Lot owners. It is provided, however, that no
owner is relieved from the obligation to pay the assessment because of failure to give such
notice. After the initial notice of the assessment, no bills for such assessment will be forwarded
to any owner but such assessment thereafter shall become due and payable as provided by the
Board of Directors,
(v) As provided in the Bylaws, and subject to the restrictions
and limitations provided herein, the Board of Directors shall establish an Annual Budget in
advance for each fiscal year. Such budget shall project all expenses for the forthcoming fiscal
year which may be required for the proper operation, management and maintenance of the
Stormwater Management Facilities, the North Carolina Sedimentation and Erosion Control
Permits, the Entrance Sign and the Corporation, including a reasonable allowance for
contingencies and reserves. The budget shall take into account any projected or anticipated
income. Upon adoption of such Annual Budget by the Board of Directors, copies of the Budget
shall be delivered to each owner together with a statement of the assessment for each Lot as

provided herein, based upon such budget; however, the non -delivery of a copy of said Budget
shall not affect the liability of any owner for such assessment. The Annual Budget shall be
divided by the number of Lots subject to the annual general assessments at the time of the annual
meeting of the members and the quotient shall be the annual general assessment per Lot for the
succeeding fiscal year.
(vi) The Board of Directors, in establishing the Annual Budget
for operation, management and maintenance of the Stormwater Management Facilities, the
enforcement of these Restrictions relating to all applicable North Carolina Sedimentation and
Erosion Control Permits, the Corporation and the Entrance Sign, shall designate therein a sum to
be collected and maintained as a reserve fund for the maintenance, repair and replacement of the
Stormwater Management Facilities, the enforcement of the North Carolina Sedimentation and
Erosion Control Permits and the Entrance Sign.
(vii) All monies collected by the Corporation shall be treated as
the separate property of the Corporation and such monies may be applied by the Corporation to
the payment of any expense of operating and managing the Corporation or the proper
undertaking of all acts and duties imposed upon it by virtue of this Declaration, the Articles and
the Bylaws. As monies for any assessment are paid into the Corporation by any owner, the same
may be commingled with monies paid to the Corporation by the other owners. Although all
funds and any increments thereto or profits derived therefrom shall be held for the benefit of the
members of the Corporation, no member of the Corporation shall have the right to assign,
hypothecate, pledge or in any manner transfer said owner's membership interest therein, except
as an appurtenance of said owner's Lot. When the owner of a Lot shall cease to be a member of
the Corporation by reason of said owner's divestment of ownership of such Lot, by whatever
means, the Corporation shall not be required to account to such owner for any share of the fund
or assets of the Corporation, including any monies which said owner may have paid to the

Corporation, as all monies which any owner has paid to the Corporation shall be and constitute
an asset of the Corporation which may be used in the operation and management of the
Corporation.
i. Written notice of any meeting called for the purpose of taking any
action requiring a meeting shall be sent to all members not less than thirty (30) days, or more
than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of
members or of proxies entitled to cast thirty percent (30%) of the votes of all members shall
constitute a quorum. If the required quorum is not present, another meeting may be called
subject to the same notice requirement, and the required quorum at the subsequent meeting shall
be one-half ('/z) of the required quorum at the preceding meeting. No such subsequent meeting
shall be held more than sixty (60) days following the preceding meeting.
j. Annual general assessments and special assessments shall, except
as otherwise provided herein, be fixed at a uniform rate for all Lots.
k. The annual general assessments provided for herein shall
commence as to all Lots on the first day following the recordation of this Declaration in the
office of the Register of Deeds of Onslow County and shall be prorated on a calendar year basis
through the date of such recordation. The annual general assessments shall be assessed for each
calendar year thereafter and shall be payable annually, with the due date for such payments being
as established by the Board of Directors. The payment of any assessment or installment thereof
shall be in default if such assessment or installment is not paid to the Corporation within ten (10)
days of the due date for such payment. When in default, the delinquent assessment shall bear
interest at the rate of ten percent (10%) per annum until such delinquent assessment and all
interest due thereon has been paid in full.
1. The annual general assessment levied by the Corporation shall be
used exclusively to oversee, inspect, maintain and repair the Stormwater Management Facilities;

to enforce the provisions of these Restrictions relating to the Stormwater Management Facilities,
the Permit, the applicable North Carolina Sedimentation and Erosion Control Permits; to pay the
expenses of the Committee from and after the time, if ever, Declarant transfers or releases the
right to appoint the Committee to the Corporation; and to pay the expenses of the Corporation.
The Corporation's sole function is to oversee, inspect, maintain and repair the Stormwater
Management Facilities; to enforce the provisions of these Restrictions relating to the Stormwater
Management Facilities, the Permit, the applicable North Carolina Sedimentation and Erosion
Control Permits, and the Entrance Sign; and the right to appoint the Committee from and after
the time, if ever, the right to appoint the Committee has been transferred or released by Declarant
to the Corporation. The powers of the Corporation may not be expanded beyond those purposes.
Nothing herein relieves the owner of a Lot from said owner's obligation to maintain the areas
upon said owner's Lot upon which the Stormwater Management Facilities are located as
provided herein and not to damage or allow damage to occur to said Stormwater Management
Facilities and to comply with the provisions of all applicable North Carolina Sedimentation and
Erosion Control Permits.
m. T he Corporation shall, upon demand, and for a reasonable charge,
furnish a certificate signed by an officer of the Corporation setting forth whether the assessments
on a specified Lot have been paid. A properly executed certificate of the Corporation as to the
status of assessments on a Lot is binding upon the Corporation as of the date of its issuance.
n. General special assessments and specific special assessments may
be levied against Lots for such reasons as are provided in these Restrictions, the Articles or the
Bylaws, and on such terms as provided by the directors and the members. Upon a two-
thirds (2/3) vote of the Directors and a two-thirds (2/3) vote of the owners of Lots who are voting
in person or by proxy at a meeting duly called for this purpose, the Corporation may levy and
impose special assessments. The purposes for which special assessments may be levied are

limited to providing funds to pay for the oversight, inspection, maintenance and repair of the
Stormwater Management Facilities, to enforce the provisions of these Restrictions relating to the
Stormwater Management Facilities, the Permit and all applicable North Carolina Sedimentation
and Erosion Control Permits which exceed the general assessment funds then on hand to pay
same and to provide a contingency fund for capital improvements and extraordinary expenses.
General special assessments shall be levied at a uniform rate for all Lots. Specific special
assessments may be assessed against the owner of a Lot after written notice has been given by
the Corporation to the owner of said Lot at the address of the owner appearing upon the records
of the Corporation by United States mail, postage prepaid, that the Stormwater Management
Facilities located on said Lot have been damaged by the act or negligent failure to act of said
owner or that said owner has failed to comply with all applicable North Carolina Sedimentation
and Erosion Control Permits and that, as a result, such Stormwater Management Facilities are in
need of repair or replacement in order to comply with the Pemut or actions must be taken in
order to comply with the applicable North Carolina Sedimentation and Erosion Control Permits
and the owner of said Lot has not taken the necessary action to bring the Stormwater
Management Facilities located on said owner's Lot into compliance with the Permit or to comply
with the provisions of all applicable North Carolina Sedimentation and Erosion Control Permits
within thirty (30) days after the mailing of said notice. If said owner commences the necessary
action to repair or replace the Stormwater Management Facilities located on said owner's Lot and
to bring the Stormwater Management Facilities into compliance with the Permit or to bring the
Lot into compliance with the applicable North Carolina Sedimentation and Erosion Control
Permits within the thirty (30) day period set forth above, the imposition of a specific special
assessment shall be deferred by the Corporation for the period during which said owner
diligently pursues to completion the repair or replacement of the Stormwater Management
Facilities located on said Lot or compliance with the applicable North Carolina Sedimentation

and Erosion Control Permits. Specific special assessments shall be limited to the amount of
funds actually expended, or in the discretion of the Board of Directors, the amount of funds
reasonably estimated by the Board of Directors will be expended, by the Corporation to repair or
replace the Stormwater Management Facilities located upon the Lot or to comply with the
applicable North Carolina Sedimentation and Erosion Control Permit applicable to the Lot upon
which the specific special assessment is assessed. Special assessments, either general or specific,
together with interest, costs and reasonable attorneys' fees, shall be a charge and lien on the land
and, subject to the provisions of Paragraph S(c) hereof, shall by a continuing lien, upon the Lot
against which each such assessment is made. The personal obligation of an owner of a Lot for
delinquent special assessments, whether general or specific, shall not pass to a successor in title
to a Lot unless expressly assumed by the successor, but, subject to the provisions of this
Declaration, delinquent special assessments shall continue to be a lien upon such Lot.
o. Any annual general assessment, general special assessment or
specific special assessment, if not paid within thirty (30) days after the date such assessment is
due, together with interest at the rate of ten percent (10%) per annum, costs of collection, court
costs, and reasonable attorneys' fees shall constitute a lien against the Lot upon which such
assessment is levied. The Corporation may record notice of the same in the Office of the Clerk
of Superior Court of Onslow County or file a suit to collect such delinquent assessments and
charges. The Corporation may file Notice of Lis Pendens, bring an action at law against the
owner personally obligated to pay the same and/or bring an action to foreclose the lien against
the Property. The lien of any assessment provided for herein shall be subordinate to the lien of
any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the
sale or transfer of any Lot pursuant to foreclosure of a first mortgage or any proceeding in lieu
therefor, shall extinguish the lien of such assessment 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. No owner may waive or otherwise escape
liability for the assessments provided for herein.
p. In the event the Articles of Incorporation and/or Bylaws of the
Corporation are amended to expand the rights and duties of the Corporation, those amendments
shall have no effect on the Lots or the Subdivision unless, by recorded amendment to this
Declaration, joined in by Declarant, it is agreed that such amendments affect the Lots and the
Subdivision.
9. REMEDIES. In the case of failure of a Lot owner to comply with the
terms and provisions contained in these Restrictions, the Articles or the Bylaws of the
Corporation, the following relief shall be available:
a. The Declarant (whether or not the Declarant is the owner of any
Lot), the Corporation, the Committee, any Lot owner and any party to whose benefit these
Restrictions inure, including but not limited to the State of North Carolina or its assignees with
respect to the Permit, may proceed at law and in equity to prevent the violation of any of these
Restrictions, the Articles and Bylaws and also recover damages for such violation and the court
in any such action may award the successful party said pa ty's reasonable expenses and costs in
prosecuting such action, including reasonable attorney's fees.
b. The remedies hereby specified are cumulative and this
specification of them shall not be taken to preclude an aggrieved party's resort to any other
remedy at law, in equity or under any statute. No delay or failure on the part of the Corporation,
the Committee, the Declarant or an aggrieved party to invoke an available remedy with respect to
a violation of any of these Restrictions, the Articles and Bylaws shall be held to be a waiver by
that party of (or an estoppel of that party to assert) any right available to that party upon the
reoccurrence or continuation of said violation or the occurrence of a different violation.

10. GRANTEE'S ACCEPTANCE.
a. The owner of any Lot subject to these Restrictions, by acceptance
of a deed conveying title thereto, accepts such deed subject to each and all of these Restrictions
and agreements herein contained, and subject to the jurisdiction, rights and powers of the
Committee and the Corporation. The owner of any Lot subject to these Restrictions, by
acceptance of a deed conveying title thereto, shall for said owner, said owner's heirs, personal
representatives, successors and assigns, covenant, consent and agree to and with the Corporation,
the Committee, the Declarant and the owners and subsequent owners of each of the Lots within
the Subdivision, to keep, observe, comply with and perform said Restrictions and agreements.
b. The owner of any Lot subject to these Restrictions, by acceptance
of a deed conveying title thereto, agrees to assume, as against the Corporation, the Committee
and the Declarant, their successors or assigns, all the risks and hazards of ownership or
occupancy attendant to such Lot.
11. SEVERABILITY. Every one of the Restrictions is independent and
severable from the rest of the Restrictions and from every other one of the Restrictions and from
every combination of the Restrictions. Therefore; if any of the Restrictions shall be held to be
invalid or to be unenforceable or to lack the quality of running with the land, that holding shall
be without effect upon the validity, enforceability or "running" quality of any other one of the
Restrictions.
12. VARIANCES. The Committee may allow reasonable variances and
adjustments of these Restrictions in order to overcome practical difficulties and prevent
unnecessary hardships in the application of the provisions contained herein; provided, however,
that such is done in conformity with the intent and purpose of the general development scheme,
that in every instance such variance or adjustment will not be materially detrimental or injurious
to other property or improvements in the neighborhood of the Subdivision and that in each

instance such variance or adjustment complies with the requirements of the Permit. Any such
variance shall be recorded in the office of the Register of Deeds of Onslow County.
13. CAPTIONS. The captions preceding the various paragraphs and
subparagraphs of the Restrictions are for convenience of reference only and none of them shall
be used as an aid to the construction of any provision of the Restrictions. Whenever applicable,
the singular form of any word shall be taken to mean or apply to the plural, and the masculine
form shall be taken to mean or apply to the feminine or the neuter.
14. AMENDMENT OF RESTRICTIONS. The Restrictions shall run with
and bind all land to which they are applicable until February 28, 2012, after which time they
shall be extended automatically for successive periods of ten (10) years. Except as provided
below, the Restrictions may be amended at any time in full or in part by an instrument executed
by both at least sixty-seven percent (67%) of the owners of the Lots, and by Declarant, which
instrument is recorded in the office of the Register of Deeds of Onslow County and noted on the
margin of the Restrictions, if possible. No such amendment shall affect the rights of Declarant,
its successors or assigns, unless Declarant, its successors or assigns, joins in the execution of the
amendment. In addition to the above requirements; any amendment of the Restrictions set forth
in Paragraph 4(x) hereof may not be made without the express written consent of the State of
North Carolina, Division of Water Quality. Further, Declarant reserves and retains the right, but
not the obligation, in Declarant's sole discretion unilaterally to amend these Restrictions to
comply with any requirements imposed by any agency of the State of North Carolina with regard
to the Permit. These Restrictions may not be amended without Declarant's recorded written
consent.
15. RESTRICTIONS CONTROL MAP. If there is any conflict between any
Restrictions contained herein and any restriction or easement shown or noted on the Recorded
Plat, the provisions of these Restrictions shall control. Further, the provisions of these

Restrictions dealing with amelioration of the effect of a Restriction, such as those governing
variances, shall apply to the restrictions shown by the Recorded Plat.
16. APPLICABILITY AND EXCEPTIONS, ANNEXATION. These
Restrictions shall apply only to the Lots. No other property is restricted and such other property
may be used for any purpose whatsoever. Declarant reserves the right (but is under no
obligation) to annex into the Subdivision any property now or in the future owned by Declarant
including, but not limited to, the property described by the deed recorded in Book 1642, Page 5,
and to make such annexed property subject to the Restrictions provided herein without the
consent of the owners of the Lots. In the event Declarant does so, from and after said
annexation, the owners of all Lots in the Subdivision shall have identical rights and duties except
with respect to the Committee applicable to said annexed Lots. From and after such time, if
ever, Declarant transfers to the Corporation the right to appoint the members of the Committee
for the annexed Lots, the owners of said annexed Lots shall have identical rights and duties with
respect to the Committee as all other owners of Lots subject to the Committee appointed by the
Corporation. Any such annexation(s) shall be evidenced by a written instrument of annexation
recorded in the office of the Register of Deeds of Onslow County, which instrument shall
specifically refer to this Declaration.
17. TRANSFER BY DECLARANT. The Declarant, by written and recorded
instrument specifically referring to this Declaration, may, but is not required to, transfer to the
Corporation, the Committee or to a subsequent owner of property now owned or acquired by
Declarant in the future and located in the general area of the Subdivision, any of the rights herein
reserved by Declarant.
18. REFERENCES. All references herein to recorded documents are
references to documents recorded in the office of the Register of Deeds of Onslow County.

19. JOINDER. Branch Banking and Trust Company and David M. Stroud,
Trustee, the Beneficiary and Trustee in the deed of trust from Swans Builders, LLC recorded in
Book 1642 at Page 10 in the office of the Register of Deeds of Onslow County, join in the
execution of this document in order to consent to the terms of the same.
IN WITNESS WHEREOF, the party of the first part and Branch Banking
and Trust Company and David M. Stroud, Trustee, have caused this instrument to be signed in a
manner so as to be binding, this the day and year first above written.
SWANS BUILDERS, LLC
(SEAL)
BY: , t' v (SEAL)
J s E. McCotter, Manager
BRANCH BANKING AND TRUST COMPANY
By:
S - V P16sident
(SEAL)
Davi . S rou , Trus ee

STATE OF NORTH CAROLINA
COUNTY OF _ ��
I, dal C 1 . 11 Q OU-0 , a Notary Public in and for
said County and State, do hereby certify that JAMES E. McCOTTER. before me this day
personally appeared, who being by me first duly sworn, says that he is a Manager of SWANS
BUILDERS, LLC, the limited liability company described in and which executed the foregoing
instrument; that he executed said instrument in the limited liability company name by
subscribing his name thereto; and that the instrument is the act and deed of said limited liability
company.
WITNESS my hand and notarial seal, this the Lo day of I JL..t' , 2005.
Notary Public '
My Commission Expires:
S »l,t4 1 , O U `1
Notary seal or stamp must appear within this box.

STATE OF NORTH CAROLINA
b
COUNTY OF —Dina i (42
I, d� ---,a Notary Public in and for said
County and State, do ereby certify that personally came
before me this day and acknowledged 6/she i�President of ANC-- BANDING
AND TRUST COMPANY, a corporation, and that he/she as its 3C.y 114 A- - President being
authorized to do so, executed the foregoing instrument on behalf of the corporation.
WITNESS my hand and notarial seal, this the D day of 2005.
i'VvLaay ruutiL
My Commission Expires:
0--�)
Notary seal or stamp must appear within this box.

STATE OF NORTH CAROLINA
COUNTY OF
Notary Public in and for
the said County and State, do hereby certify that David M. Stroud, Trustee, personally appeared
before me this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this the day of , 2005.
My Commission Expires:
4-q - ( o
Notary seal or stamp must appear within this box.

STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
The foregoing certificate of Zfzd
a Notary Public of said County and State, is cert ied
presented for registration this day and hour and duly
Deeds of Onslow County, North Carolin" Book _
This <- day of
970808-00034
NBMAIN163616513
L. 1 up instrument was
the office of the Register of
Page
2005: at --& j#o'clock _.M.
Register of Deeds