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Home My WebLink AboutWQ0007103_Application_20201231State of North Carolina DWR Division of Water Resources Department of Environmental Quality Division of Water Resources NON -DISCHARGE SYSTEM RENEWAL FORM: NDSR 05-20 This form is for renewal without modification for all non -discharge system permits, except Residuals Management and Single - Family Residence Wastewater Irrigation System permits. For more information, visit the Water Quality Permitting Section's Non -Discharge Branch Website. I. PERMITTEE INFORMATION: 1. Permittee:SQundo-F'fhe Seef ln4sfcy' �5soua��J��'G Cahssandra,—req 1 o r 2. Signature authority's name: per 15A NCAC 02T .0106(b) Title: ✓G51 d"+ Primary Telephone number: (f&90-'�10 Select Secondary number: #14 y7I ADV Select Email Address: 6Ct550_nctrCL 5 3 a.-. @ j mai1. Cora 3. Permittee's mailing addressSodin n o�>�G SCa M as Eu" la ss occ a ft onr a- n c clo ins 1(v3o m iP4-aryGu�loFfRd City: State: _ Zip: W i j rA i ng n, jJ C d 03 4. Billing address (if different from above): _ B! 6Gf-Yonf C !nV o iC6S fo : %n ✓o %GG S@ CQ MSM� • Cool City: State: Zip: �yh 5. Contact person's name (if different from signature authority): _ Title: La'l-h l e c n Cook, Coln m twn d Primary Telephone number: ((9N (O_X A-AVSelect Email Address: -C00% @ C6amsirn3 f. Con'I II. PERMIT INFORMATION: 1. Existing permit number: WQ00_0_T1 0.3 2. Has the facility been constructed? [Yes or ❑ No Secondary number: (_) _- Select If yes, has the facility been constructed in accordance with the permit and the Division -approved plans and specifications? 115A NCAC 02T .01101 9Yes or ❑ No If no, a formal permit modification request shall be submitted to the Division. 3. Has any of the property ownership within the facility and/or-dJ osal area changed from what is indicated in the current permit (Attachment B - disposal field owner/lessee)? ❑ Yes or M No Has the Permittee had a name change or has the permit changed ownership? ❑ Yes or 2"No If yes to either, a permit modification request shall be submitted to the Division. 115A NCAC 02T .01051 4. Is this facility a Privately -Owned Public Utility? ❑ Yes or 0No If yes, provide two copies of the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility fianchise. 115A NCAC 02T .0115(a)(1)] 5. Is the Permittee a Home/Property Owners' Associations or Developers of lots to be sold? &Kes or ❑ No If yes, provide the following: • For Home/Property Owners' Associations - Operational Agreement (FORM: HOA) and a copy of the proposed or approved Articles of Incorporation, Declarations, and By-laws f 15A NCAC 02T .0115(c)l • For Developers of lots to be sold- Operational Agreement (FORM: DEV) 115A NCAC 02T .0115(b)I FORM: NDSR 05-20 Pagel of 4 State of North Carolina DWR Division of Water Resources Department of Environmental Quality Division of Water Resources NON -DISCHARGE SYSTEM RENEWAL FORM: NDSR 05-20 6. Does the facility treat and dispose of industrial wastewater? If yes, complete items below. If no, skip to the next section. Provide a detailed industrial process description including: • An overview of the manufacturing process • An inventory of all materials used for manufacture, including chemicals and biological matter • An overview of cleaning and treatment methodology, including an inventory of treatment materials and compounds Indicate the approximate percentage of wastewater makeup: Industrial: % Domestic: % Stomwater: % Has the nature of wastes (e.g., change in industrial processes, introduction of new materials or chemicals, etc.) described in the approved penuit application(s) changed? ❑ Yes or ❑ No If yes, a permit modification request shall be submitted to the Division. IG.S. 143: 215.1(d)l III. SITE MAP: 1. Provide an updated site map in accordance with 15A NCAC 02T .0105(d) that shows the following: The site map is not required to be signed or sealed by a Professional Engineer. However, the map must indicate the source of information. For example, parcel lines taken from a county GIS map should reference the GIS website. ❑ Legend, north arrow, scale, and legible in black and white ❑ Topographic contour intervals not exceeding 10 feet or 25 percent of total site relief ❑ Soil mapping units on all disposal sites ❑ All facility -related structures and fences within the treatment, storage, and disposal areas ❑ All habitable residences and places of assembly within 500 feet of all treatment, storage, and irrigations sites ❑ Location of all wells, streams (ephemeral, intermittent, and perennial), springs, lakes, ponds, ditches, and other surface drainage features within 500 feet of all waste treatment, storage, and disposal site(s) ❑ Latitude and longitude coordinates of all monitoring wells (decimal degrees to 6 digits) ❑ Location and identification of major components of the waste disposal system ❑ The wetted perimeter of all irrigation fields with field names (named according to the approved permit) ❑ Location and ownership of property boundaries within 500 feet of the disposal area (including road/rail right-of-ways) ❑ The delineation of compliance and review boundaries ❑ Distance measurements verifying all setbacks are being met ❑ Stoimwater drainage controls ❑ 100-year floodplain (if applicable) ❑ For reclaimed water generation permits only, provide a separate map showing all distribution lines and utilization permit locations that are connected to the water generation facility and are permitted by the Non -Discharge Branch (excludes Local Program permitted facilities). Include all reclaimed water distribution line and reclaimed water utilization permit numbers. FORM: NDSR 05-20 Page 2 of 4 DWR Division of Water Resources WAU" 1111011111AZyW 3iiS1]`►ISTi]HRIe%':111W State of North Carolina Department of Environmental Quality Division of Water Resources NON -DISCHARGE SYSTEM RENEWAL FORM: NDSR 05-20 1. Does the facility have a proposed or existing groundwater monitoring well network? L_] Yes or ❑ No If no, skip to next section. If yes, complete the following table (NOTE — This table may be expanded for additional wells): Well Name Status Latitude ° Longitude ° Gradient Location W A Select 34 640Y6 . 0 Select Select Select 5q • 011f Select Select PAWS Select . an ° Select Select Select 7�� . -71 Ova Select Select Select 0 - 0 Select Select Select 0 Select Select Select 0 Select Select Select 0 Select Select Select 0 Select Select Select 0 Select Select a. Coordinates must be in NAD83 and have 6 decimal degrees V. SETBACK WAIVERS, EASEMENTS, AND LEASES: 1. Does the permit have any setback waivers, easements, or leases? ❑ Yes or No If yes, provide copies of all documents and complete the table below: Document Grantor or Parcel No. Grantee Expiration Date County Registered Deed Book Deed Page Document Description ° —Type Select Select Select Select Select Select Select a. The document description shall list any reduced setbacks with distance, etc. 2. For reclaimed water utilization permits only: Is reclaimed water utilized on property not controlled by the generator? ❑ Yes or ❑ No A lease, easement, or agreement must be provided allowing for the utilization of reclaimed water on the property or within the facility. For irrigation of reclaimed water, an easement is required per 15A NCAC 02U .0501(0). All documents shall be listed in the table above. FORM: NOSE. 05-20 Page 3 of 4 Division of Water Resources VI. RELATED PERMITS State of North Carolina Deparhnent of I;nvirontnental Quality Division of Water Resources NON -DISCHARGE SYSTEM RENEWAL FORM: NDSR 05-20 1. If this permit has interactions with other wastewater permits (collection systems, NPDES, etc.), complete the table below (provide additional pages if necessary): Permit 2. Does the facility have an approved flow reduction 115A NCAC 02T .0114(017 ❑ Yes or af4o If yes, attach the measured monthly average amount of wastewater flow contributed per unit for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved value, the Permittee shall provide a reevaluation of the reduced flow value using the methodology applied to the original flow reduction application. Also, attach a copy of the flow reduction approval letter. APPLICANT'S I5A NCAC 02T .0I06(b) I,CQt55(vttivlt IQvLNattest that this renewal application has been reviewed by me, unit is accurate and complete to the best of my knowledge. I understand that any unauthorized discharge of wastewater from this non -discharge system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application are not completed, this application may be returned to me as incomplete. I further certify that the Applicant or any parent, subsidiary, or other affiliate of the Applicant has not been convicted of all environmental crime, has not abandoned a wastewater facility without proper closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active compliance schedule, and does not have any overdue annual fees. NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shell be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. The Applicant's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b) Signature: r azioQ/t`/.1/t�l JJ-- __ t YeS1G t Date: D--4C. ?0 SOS Mow &SOG(aliort, uo THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED TO: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON -DISCHARGE BRANCH By Upload By Email: https://edoes.deq.ne.goy/Forms/NotiDischarge-Branch- Non-Discharge.ReporlsQnedeor.gov Submittal -Form TELEPHONE NUMBER: (919) 707-3654 FORM: NDSR 05-20 Page 4 of Wastewater Treatment Facilities Management Contract This Contract is entered onto this a ay of DPmbGi , 20by and between and Hydrotech Environmental, LLC, m as+a As5o(-W-hbn , (nc- Whereas, this contract concerns Customer's Sewer Plant facility (hereinafter referred to as ^W WTP") serving _ ��—in Carteret County, North Carolina. Y'i�G1S SpGIQ VY1 � Ir1c . Whereas, Hydrotech wishes to operate the W WTP in accordance with the requirements as outlined in the operational duties of the NPDES permit # And the desire and goal of consistently meeting discharge compliance as it relates to operational control. whereas, customer wishes to retain Hydrotech as the operator of the sold WWTP. Not Therefore, in consideration of the mutual covenants and conditions contained herein the parties agree as follows: 1. (a.) During the contract period, Customer agrees to pay Hydrotech for the services performed, the sum of \TC+°4J per month. t,vocF ^t`ork O��rc�liiln, 3tiUa Rcsbo�.` ` t (b.) In addition to the payments described in paragraph 1(a) above, Customer shall also pay to Hyrdrotech expenses for supplies purchased for the proper operation of the W WTP and associated with repair services meter call bratton, and sludge hauling. 2. As consideration for the payments to be made by Customer as described in paragraph 1 above, Hydrotech agrees to provide the following services to Customer. (a) A certified sewage treatment plant operator as defined by the State of North Carolina tp - perform all acts necessary to keep the W WTP operating in accordance with all applicable above referenced permit regulations. b) Routine operations and daily test as per permit requirements. Customer will be responsible for all maintenance and repair expenses. (c) Collection of on -site effluent, influent, and monitoring well samples, Customer will be responsible for all laboratory expenses, shipping charges, couriers, pickup charges, ect. (d) record keeping: (e) Completion of all state monitoring reports and forward reports to customer for signature and submittal by mail to the State or County office. (fj procurement of suppliers necessary for proper operation of the W WTP. 3. Customer authorizes Hydrotech to take Immediate corrective action in the event of any malfunction, damage, or loss to any part of the W". Hydrotech agrees to attempt to contact the Facility Representative before undertaking emergency repairs that have an estimated cost 1n excess of $3,000, but the failure of an attempt to contact shall not prevent Hydrotech from taking immediate corrective action. 4. This Contract shall be in force for a period of one year and automatically renew an an annual basis ; unless the parties agree otherwise. This contract may not be modified, altered or amended except by agreement In writing except by the parties hereto. It is understood and agreed by both Hydrotech and Customer that either Customer or Hydrotech may terminate this agreement at any time by giving sixty (60) days advance written notice. IN WITNESS WHEREOF, the parries hereto have executed this contract the day and first written above. ��la r1Q [fir -4Ae Lk O- J / r aS-10r Hydrotech Environmental, LLC 45 SOcl W)on, In c . P. o. Box 4602 ym e�-ce r �6 �� ! Emerald Isla, N.C. 28594 Date:. Pe(e '1W d "Da --- Date: _I Z -Z q - Zo Sign:Sign: By, 7h ,Y0LC.cr.G, D71 n 0 0 a 0 ro 0 U w a� w 0 q IC O Explanation of Re-recording Re-recording to correct date from 04-24-19 to 4-24-14. Signed, Robert M. Blevins Association Manager. NOIATH 000LINA, CARTERCT COUNTY Thip laattUmont and Ihls cerllficate are duly filed at thlf dale and 111110 find In the Book a d Pape shown W the Ilml popharaof. Jo a ends �Lj > .- ,1:Wit el0aadr IUR REUISIRRIIUII HECWIER % UEEUS Joy l.aurenoe Carteret County, FIC May 08, 2014 08:47:03 AM JL ADMT 15 P FEE $26 UR FILE N 1478116 North Carolina County 1 r4ir-L�- I, Onablp O"tS Notary Public for said County and State, do herby certify thatTa bw-f m.'OLAU) ✓?.S Personally appeared before me this clay and acknowledged the due execution of the foregoing Instrument. Witness my hand and official seal, this the 2*day ofMQt� 20 . ^ - Nv.. Notary Public svQ" �pTARV <. }>77 Ely _} coIAAIISSION UP iP.3 J 4 LL-.UJ.1'��. y p / i�VeM rlrtPr b l 2ojq :�lw Pf IkZocr M commission expires 'c� 1 /PAG.. State of North Carolina County of Carteret Amendments to the By -Laws of the Sound of the Sea Master Association, Inc. Under the terms of the By -Laws as duly adopted and recorded in Bool< 1319 at page 434 of the Carteret County Registry, the Sound of the Sea Master Association, Inc. the By -Laws shall be amended by a unanimous approval of all members as set forth in the Articles of Incorporation. The Amendments set forth below were approve by a unanimous vote of the Sound of the Sea Master Association, Inc. Board of Directors on the 21st day of April. 2014 with a quorum being present. 1-1.aV - I DATED BOOK J �� FOR THE BOARD OF DIRECTORS Robert M. Blevins Association Manager Crystal Coast Management Consultants BYLAWS OF SOUND OF THE SEA MASTER ASSOCIATION, IN_C. ARTICLE 1 - NAME AND LOCATION Section 1.1: The Name. The name of the Corporation Is Sound of the Sea Master Association, Inc, Section 1,2: The Principal ONlce. The principal office of the Association shall be located at 8801 Reed Drive, Emerald Isle, Carteret County, North Carolina 28594 or a location designated by the Board of Directors, but the meetings of the members and Directors may be held at such places within the State of North Carolina and County of Carteret as may be designated by the Board of Directors. ARTICLE 2 - DEFINITIONS Section 2.1: 'Association" or "Master Association" shall mean and refer to Sound of tite Sea Master Association, Inc., its successors and assigns. "BulldingAssoclatlon" shall mean and refer to one or more of the following Associations: Sound of the Sea I Condominium Owners Association, Inc. (aka SOS -North Villas) Sound of the Sea Condominiums II Association, Inc. (aka 505-West Oceanfront High Rise) Sound of the Sea III Condomlhlum Owners Association, Inc. (aka SOS -West Oceanview High RISC) Sound of the Sea Property Owners Association, Inc. (aka SOS -East Town Homes) Section 2.2: "Property" shall mean and refer to that certain real property described In the Articles of Incorporation for Sound of the Sea Condominiums as recorded in the Carteret County Registry. Section 2.3: "Other Definitions.".-Jhe terms "Common Areas" and/or "Common Elements", "Board of Directors", "Purchaser", "Unit", "Unit Owner" shall have those terms and definitions as defined In the Declaration of Unit Ownership as recorded aforesaid, and as set forth in N.C. Gen. Stat. J 47C-1-103, said definitions being Incorporated herein by reference as If fully set forth. Section 2.4: "Common Areas": For the purposes of the Master Association responsibilities, the term "common area" shall mean anything or area not associated with residential brolftrll: Ing _ _ Unnif/V; //6� 2014 BOOK\gi_ PAGE footprints, which are under the Jurisdiction of other condominium associations within Sound of the Sea. Specifically, the common areas shall Include the parking lots, roadways, and boundaries, regardless of actual ownership, and the Master Association shall have the responsibility of operating, maintaining and Improving those areas, Including but not limited to the grounds, entrance security gate, fences, wastewater treatment plant, swimming pools, clubhouse, tennis courts, all dunes and beach accesses, exterior lighting, and dumpsters. In addition, the Master Association shall manage services that are provided to ail of the Homeowners such as security guards and waste management. ARTICLE 3 - GOVERNANCE Section 3.1: General. Every Building Association In Sound of the Sea shall be a member of the Master Association upon the terms and conditions hereinafter set forth. Section 3.2: Admin/stratfon of the.Assoclation. The operating entity of the common elements apportioned to the Master Association in the Articles of Incorporation for Sound of the Sea shall be Sound of the Sea Master Association, Inc. 3.2.a: Powers and Duties. The Association, by express delegation from Sound of the Sea Master Association, Inc. Articles of Incorporation, shall have all of the powers and duties; (1) set forth In N.C. Gen. Stat. J 47C-3402, as amended; (2) necessary to operate the common areas/elements of Sound of the Sea; and (3) to make Improvements and upgrades to the common areas/elements. The governing body of the Association shall be the Board of Directors who shall be designated In a manner provided for In these Bylaws and Articles of Incorporation of the Association. In the administration of the operation and management of the common areas/elements of Sound of the Sea, the Association Is hereby granted the authority and power to enforce the provisions of these Bylaws, Articles of Incorporation, and Rules and Regulations governing the use of the common elements. 3.2.b: Purposes and Oblectfves. The Association Is a not -for -profit Association, and no part of the Association's net Income shall Inure to the benefit of Its officers, directors or members or any other private Individual. The Board of Directors, as the governing body of the Association, shall administer the operation of the acts and duties Incident to the administration of the operation and management of said Association in accordance with the terms, provisions or conditions, and authorizations contained In these Bylaws, as well as the Articles of Incorporation, referred to above, and shall own, operate, lease, sell, trade and otherwise deal with such property, whether real or personal, as may be necessary in the administration of sold Association. In carrying out the foregoing purposes, the Association shall have all of the powers reasonably necessary to Implement and effectuate the purposes of the Association, Including, but not limited to, the power; (1) to make and establish reasonable rules and regulations governing the use of the common areas; (2) to levy and collect assessments against owners In accthe 2014 BOOKL4�2'�,.PAGE,_.�_ Articles of Incorporation and Bylaws; (3) to maintain, repair, replace and manage the common areas; and (4) generally to possess all powers necessary in order to carry out the foregoing purposes. The Board of Directors shall place community Interests above self -Interests, operate as a team rather than as Individuals, treat Unit Owners as customers, and be proactive. The Board shall plan well, foster a community consensus for its goals and direction based on Building Association priorities and satisfaction, be financially prudent in meeting their fiduciary responsibility, execute plans predictably within their cost -time -quality, constraints, and communicate fully in a timely manner. Section 3.3; Easements of Enjoyment. Every Unit Owner of the Building Associations In Sound of the Sea shall have a right and easement of enjoyment In and to the common areas/elements, which shall be appurtenant to and shall pass with the title to every unit subject to the following provisions: 3.3.a: The right of the Association to charge dues and assessments to be used for the functioning, maintenance, and/or Improvement of the common areas/elements. 3.3.b: The right of the Association to impose and levy a reasonable fine, pursuant to Enforcement Policies established by the Association for violation of the Declaration, Bylaws, and Rules and Regulations of the Association. 3.3.c: The use of the common areas/elements shall be subject to the joint rights of all other purchasers to use the areas/elements, all pursuant to Rules and Regulations established by the Association. 3.3.d: This right of use shall extend to the purchaser, members of the family of the purchaser, or lessees of the purchaser, as long as the tenancy exists, and contract purchasers from a purchaser who resides on the property, but the right to use shall extend to only one family of purchasers, lessees or contract purchasers, at any one time. Section 3.4; Membership and Vo41na Rlahts. There shall only be one form of membership In the Association, designated a "regular iembership". Every Building Association In Sound of the Sea (see list below) shall be required to be a regular member of the Master Association: Sound of the Sea I Condominium Owners Association, Inc. (aka SOS -North Villas) Sound of the Sea Condominiums II Association, Inc. (aka SOS -West Oceanfront High Rise) Sound of the Sea In Condominium Owners Association, Inc. (aka SOS -West Ocealtview High Rise) Sound of the Sea Property Owners Association, Inc. 2014 g00KJ„(�1PAGE, - Page 3 of (aka SOS -East Town Homes) Their respective member of the Sound of the Sea Master Association Board of Directors shall represent the owners within each Building Association of Sound of the Sea, Section 3.5: Meeting of Regular Membership. Since Unit Owners are represented fully by their respective member of the Master Association Board of Directors, there shall be no meetings of the Unit Owners; however, Unit Owners may participate only during a designated segment of the Board of Directors meeting. Section 3.6• Board of Directors 3 6 a• Board Quantity and Quaift The Sound of the Sea Master Association Board of Directors shall consist of four directors, one from each Building Association of Sound of the Sea as follows: Sound of the Sea I Condominium Owners Association, Inc. (aka SOS -North Villas) Sound of the Sea Condominiums II Association, Inc. (aka SOS -West Oceanfront High Rise) Sound of the Sea III Condominium Owners Association, Inc. (aka SOS -West Ocean View High Rise) Sound of the Sea Property Owners Association, Inc. (aka SOS - East Town Homes) The Board of Directors of each Building Association of Sound of the Sea shall appoint one person to serve on the Master Association Board of Directors, The criteria for being a Master Association Director are: (1) Unit owner (2) Willing to abide by the Association restrictive covenants, Bylaws, and Rules and Regulations (3) Be financially current with obligations to the Association (4) Be available for at least four Board meetings a year (5) Be a team player and willing to support Board decisions (6) Be willing to place the community Interest above self -Interest 3 6.b: Removai/Vacancv. If the office of any Master Association Director becomes vacant by reason of death, resignation, retirement, disqualification, and removal from office or otherwise, the affected Building Association Board of Directors shall appoint a replacement. Each Building Association Board of Directors may remove their member of the Master Association Board of Directors, with or without cause, at any time in accordance with N.C. Gen. Stat. f 47 -103. 1300 �/f� �k��lC�, 2014 BOOKIA. a )AGE-12 Page 4 of 4 3.6.c: Powers. The Board of Directors, which may exercise any and all authority over the management of the Association, shall manage the property and business of the Association and the common areas/elements not specifically prohibited by Statutes, these Bylaws, or the Articles of Incorporation. The powers of the Board shall specifically Include all of those powers enumerated in N.C. Gen. Stat. J 471i3-102 and shall Include, but not be limited to, the following: 1. To grant permits, licenses and easements over the common areas for utlllties, roads and other purposes reasonably necessary or useful for the proper maintenance or operation of the Association 2. To make and collect regular and special assessments and establish the due dates 3. To use and expend the assessments collected to maintain, care for and preserve the common areas 4. To purchase the necessary equipment and tools required In the maintenance, care and preservation referred to S. To Insure and keep insuted the common areas In the manner set forth In the Articles of Incorporation against loss of fire and/or casualty, and the Unit Owners against public liability, and to purchase such other Insurance as the Board may deem prudent 6. To collect delinquent assessments, late charges, fines, fees, attorney's fees and costs by suit or otherwise 7. To employ and compensate such contractor or third party as may be required for the maintenance and preservation of the property 8. To contract for management of the common areas/elements and to delegate to such other party all powers and duties of the Assoclatlon except those specifically required by the Articles of Incorporation or Bylaws to have specific approval of the Board. Accountability shall reside with the Board of Directors 9. To carry out the obligations of the Association under any restrictions and/or covenants running with any land submitted to the ownership of this Association; 10. To designate, as the Board deems appropriate, assigned parking areas for each section/Building Association's visitors, service vehicles, boats and other vehicles; 11. To create and enforce policies and procedures, rules and regulations as needed for the operation of the Board and the community. Said policies and procedures, rules and regulations or any changes thereto will be approved by a majority vote of the Board of Directors; 12.To Impose a fine against any Unit owner, pursuant to Enforcement Policies established by the Association, for the violation by the purchaser, his guests or renters of any rule or regulatign adopted by the Board or the breach of any Bylaws contained herein, or the breach of any provision In the Articles of Incorporation. 13. To ensure that the Sound of the Sea community appearance is consistent and pleasing, the Board of Directors may deflne and enforce the consistency required through majority vote of the Board of Directors; 14. To provide the oversight and direction to the Association Management Company, Including but not limited to, specific projects, tasks and other operational support functions contained In the contract statement of work; Section 3,64 Officers. The Association may have up to four officers: a President, a Vice - President, Secretary/Treasurer, or Secretary and Treasurer. The Board of Directors all elect 2014 1300K.WIPAGE � the officers annually for a term of•one year. Any officer may be removed with or without cause by a majority vote of the Master Board. The duties of the officers shall be as follows: 3.6.d.1: President. The President shall (1) preside at all meetings of the Directors, (2) have general and active management of the business of the Association, (3) see that all orders and resolutions of the Board are Implemented, (4) have equal superintendence and direction of all the other officers of the Master Association and ensure their duties are properly performed, (5) In the event of an emergency, have the authority to obligate the credit of the association and authorize expenses of up to $2,006.00 annually without the authorization of a majority of the Board of Directors. Should this limit be reached within the fiscal year, the Board of Directors may authorize to establish an additlontemergency funding for the remainder of the fiscal year. The President shall keep the Board of Directors Informed Immediately of all expenses authorized which are not part of the current operating budget, (6) shall assure that fiscal discipline Is exercised to control expenses within the total of the budget and the authorized amount approved by the Board of Directors for each line Item limit of the budget approved by the Board of Directors. The President shall report on the Association's operations for the fiscal year to the directors quarterly or whenever called for by them. 3.6.d.2: Vice -President. If a Vice -President Is hereafter elected, the Vlce-President shall be vested with the powers required to perform all of the duties of the President in his/her absence, and such other duties as may be prescribed by the Board of Directors. 3 6 d.3: Secretary/Treasurer. If the Secretary/Treasurer is hereafter elected, the Secretary / Treasurer shall have the following duties: Secrete — If a Secretary Is hereafter elected, the Secretary shall (1) keep the minutes of the meetings of the Board of Directors, (2) see that all notices are fully given In accordance with the provisions of these Bylaws or as required by law, and (3) keep an address directory of the Directors, which shall be furnished to all Directors. Treasurer - If a Treasurer is hereafter elected, the Treasurer shall (1) keep full and accurate accounts of receipts and disburseents In books belonging to the Association, (2) shall deposit all monies and other valuable effects in the name and to the credit of the Association in such depositories as may be designated by the Board of Directors, (3) shall disburse the funds of the Association as ordered by the Board taking proper vouchers for such disbursements, and (4) shall render to the President and Directors at the regular meetings of the Board, or whenever they may require It, an accounting of all his/her transactions as Treasurer and of the financial condition of the Association. In addition, the Treasurer may be required to give the Association, at the Association's cost, a bond for the faithful performance of the duties of Treasurer, and the restoration to tite Association, In case of the office holder's death, resignation or removal from office, of all books, papers, vouchers, money or other -property of whatever kind In his/her possession belonging to the Association. 13001KI AGE 2014 PAGE a Page 6 of 6 MSw The responsibilities of the Secretary and Treasurer may be delegated in accordance with the powers of the Board of Directors per section 3.6.c. Section 3.7: Meetings of the Board of Directors 3.7.a: Meeting Freauencv. The Board of Directors shall meet at least four times per year. Regular meetings shall be called by the President with, sufficient written notice to the Directors. Special meetings shall be held whenever called by the President or by at least two Board directors. Business transacted at special nteetIngs shall be confined to the subjects and purposes stated In the notice thereof, unless all of the directors present at such meeting In person or by proxy consent to the transaction of business not stated In the notice. 3.7.b: Meeting Quorum. A Board of Directors meeting quorum shall be deemed present when a majority of the number of Directors is present (i.e., three of the four directors) at the beginning of the meeting. If a quorum Is not present, the Directors may then adjourn the meeting until a quorum shall be present. 3.7.c: Voting. Each Director's vote is based on the number of units within Sound of the Sea for whom they are representing, as follows: Section / Building Association Units Votes Vote % Sound of the Sea I Condominium Owners Association, Inc. Jake SOS — North Villas 22 20% Sound of the Sea Condominium II Association, Inc (aka SOS — West Oceanfront HI h Rise 36 32% Sound of the Sea III Condominium Owners Association, Inc. (aka SOS — West Oceanview High Rise 36 32% Sound of the Sea Property Owners Association, Inc. aka SOS'- East Town Homes) 17 16% Total 111 100% Approval of any Board motion requires a majority vote of 66%of 111 votes possible. 3.7.d: order of Business: All meetings of the Board shall be run in accordance with Robert's Rules of order. The order of business at all meetings of the Board of Directors shall be as follows: 1. Roll call and validation of quorum 2. Homeowner Comments 3. Approval of previous meeting's minutes 4. Financlal Report S. Correspondence 6. Reports of officers 7. Reports of Committees 8. Unfinished business, projects, tasks, etc. 9. New business 10. Adjournment IF xo(:;� 2014 BOOK M. PAGE D Page 7 or 7 3.7.e: Annual Statement. The Board shall present annually during the first quarter of the year, to the Building Associations a full and clear statement of the business condition of the Association, Including a report of the operating expenses of the Association and the assessments paid by each Building Association. •_1 Section 3.8: Committees. The Board of Directors through majority vote may establish or terminate any Committee It deems necessary. The Board shall determine the construction of Committees, and each committee shall Include at least one Board member, who shall be the chair. Section 3.9: Liability. The officers and directors shall not be liable to the Unit Owners for any mistake In judgment, negligence or otherwise except for their own Individual willful misconduct, bad faith, or gross negligence. No Board member shall be held personally liable or accountable by reason of any action or omission made In good faith and In the reasonable belief that such action was in the best Interest of the Association, or for honest errors In judgment or mistakes of fact or law, or for any reason except such Board Membees own personal and willful malfeasance and default, and / or such other conduct. Section 3.10: Indemnity: Every Director of the Association shall be Indemnified by the Association against all expenses and liabilities, including attorney fees, reasonably Incurred by or Imposed upon him In connection with any proceeding to which he may be a party, or in which he may become Involved, by reason of his being or having been a Director at the time of the acts in question where such expenses are Incurred, except In such cases wherein the Director Is adjudged guilty of willful misfeasance or malfeasance In the performance of his duties; provided, that in the event of settlement, the Indemnification herein shall apply only when the Board of Directors approves such settlement and reimbursement as being in the best Interests of the Association. The forgoing rights of indemnification shall be In addition to and not exclusive of all other rights to which such Director may be entitled. Section 3.11: Compensation. Directors or officers shall receive no compensation for their services from the Master Association, Section 3.12: finance The fiscal year shall be the calendar year, unless determined otherwise by the Board of Directors. sim.a: Checks. All checks for demands for money and notes of the Association shall be signed by an officer or by such other persons as the Board of Directors may designate, In accordance with Its powers of delegation per Section 3.6.c.8. Any non -budgeted expenditure shall require tite majority vote approval of the Board of Directors unless It Is an emergency as described In Section 3.6.d.1. 3.12.b: Audits. An audit of the accounts of the Association shall be made annually by a certified public accountant that is licensed In the State of North Carolina, and a copy of the report shall be furnished to each member of the Board of Directors. _. B00K/ 2014 13006C-&-n PAGE Page 8 of 8 3,12.c: Loans. No loans shall be contracted on behalf of the Association and no evidences of Indebtedness shall be Issued In Its name unless authorized by a resolution of the Board of Directors. 3.12.d: Budget Approval and Allocation. The Board shall determine annually the monles necessary and adequate for the functioning, maintenance, and/or improvement of the common areas. The Wastewater Treatment Plant shall receive the highest priority, except for safety Issues. 3,12.e: The Board shall adopt, by majority vote 66 ), a Master Association annual Operating Budget and shall provide said budget In writing to all the Building Associations by October 31" each year for Incorporation Into their budgets. A preliminary draft of the next year Budget and Special Assessment Plan shall be"developed during the second meeting of the Board and presented to all Building Associations by the second Friday of September. This preliminary plan shall be refined during the fiscal year and become the basis for the final operating Budget and Special Assessment during the fall meeting. The Master Association budget shall be divided Into 111ths and allocated to each Building Association based on the number of units, as follows: Section Building Association Units Budget% Sound of the Sea I Condominium Owners Association, Inc. aka SOS — North Villas 22 20% Sound of the Sea Condominium II Association, Inc aka SOS— West Oceanfront High Rise 36 32% Sound of the Sea III Condominium Owners Association, Inc. aka SOS— West Oceanview High Rise 36 32% Sound of the Sea Property Owners Association, Inc. (aka SOS - East Town Homes) 17 16% Total 111 100% The Operating Budget will use the following Inputs: (1) Previous annual actual expenses, (2) Property requirements ("needs"), -and (3) Homeowners requests ("wants"). The output will be an Operating Budget with Reserves Budget for one year. The Association Manager will propose the budget for Board approval. 3.12.f: Annually the Board will prepare/update and approve, by majority vote, a Long Term Capital Budget forecasting the maintenance and/or Improvements to the capital common areas for the next five -years. Monthly dues or special assessment as determined by the Board of Directors may fund the Capital Budget. The Long Term Capital Budget will use the following Inputs: (1) Annual projects list, (2) Property assessment ("needs"), and (3) Individual Building Association requests ("wants"). The outputs will be (1) Capital projects list for OVe-Years and (2) Capital Improvements Budget for Five -Years. .SAG 2014 BOOK � . PAGE �. °°°`9 wi. 3.12.a: The Annual Projects Plan will use as Inputs the Board -defined "need" projects and Homeowner Association -defined "want" projects. The projects will be ranked based on priority for the next five -years using safety and security as the primary rank and functionality and maintenance/beauty as the. secondary rank. Projects will be grouped for synergy and/or cost savings. Quotes will be obtained for projects occurring within one-year while estimates will be used for projects occurring within two to five years. Projects will be funded with an annual allocation and the funding means determined (i.e., regular or special assessment). 3.12.h: Regular Assessments. Regular Assessments shall be collected on a monthly basis from each Building Association. 3 22.1: Special Assessments. Special Assessments for common capital expenditures and reserve additions not funded through the regular assessment may be required by the Board and shall be levied In the same manner as for regular assessments. Payment may be required In lump sum with notice. A special assessment which Is essential (such as common areas damage, destruction, deterioration, obsolescence or required by government flat), regardless of Its amount, requires the majority approval of the Master Association Board of Directors. For assessments under $100,000, no special assessment shall be made without the majority approval of the Master Association Board of Directors. In any other situations requiring a special assessment In excess of $100,000, such a special assessment would require the approval of three (3) out of four (4) of the Building Association Boards and by majority vote of the Master Association Board of Directors (based on percentages as enumerated In Paragraph 3.7.c). 3.12.1; Unpold Assessments. The Board may enter Into a management contract with a third party to delegate the power to levy and collect assessments. All assessments not paid when due shall bear Interest at the highest legal rate of Interest. The Board through majority vote shall establish a policy for consistent Implementation of unpaid assessments collection. 3.12.k: Funds: The Association shall maintain three funding accounts: (1) operating fund, (2) reserves fund (3) special assessment fund. 3.12.1; The operating fund shall be used as a checking account, funded with monthly dues, for day-to-day planned operating expenses and normal repairs. This fund shall be established annually with a one-year outlook. . 3.12.m: The reserve fund shall be used for long-term capital Improvements, annual projects, unexpected repairs, or to overcome -cash flow constraints In the operating fund. It will act as a savings account to backup the operating fund and will be funded by monthly dues, special assessments, or year-end surplus In the operating fund, The fund shall be established annually with a five-year outlook. The fund will be funded annually with a regular amount to attain and maintain a minimum balance as determined by the Board of Directors. If used, the fund must be h d d i db th B d replems a as eterm ne y e oar . // f��K�O��OPAGE 116 2014 SOOKJ„ PAGE 2. Page 10 of 10 3.12.n: The special assessment fund shall be used only for capital Improvements when the reserves fund level Is Insufficient. . ARTICLE 4 • AMENDMENT The Bylaws shall only be altered, amended, added to or repealed by a unanimous approval of all members of the Master Association Board of Directors as set forth In the Articles of Incorporation. No amendment to these Bylaws shall be passed which would operate to Impair or prejudice the rights and/or liabilities of any mortgagee, and no amendment shall become operative unless set forth In an Amended Articles of Incorporation and duly recorded. All members shall be bound to- abide by an amendment upon the same being passed and duly set forth and recorded In the Office of the Register of Deeds of Carteret County, North Carolina. ARTICLES - CONSTRUCTION Should any of the provisions herein Imposed be void or become unenforceable at law or In equity, the remaining provisions of this Instrument shall nevertheless remain In full force and effect. IN WITNESS WHEREOF, Sound of tite Sea Master Association, Inc. has caused this Instrument to be executed In Its corporate name and affixed with its corporate seal on this the day of 2014. 2014 BOOK "l �L PAGE �a Page 11 of 11 a North Carolina (!6x re4' County .11 I, J tti C .rjPn't� a Notary Public for said County and State, do hereby certify that kobf d M . 2 j.o Ji n S ALK.d.. &Personally appeared before me this day and acknowledged the due execution of the foregoing Instrument. Witness my hand and official seal, this the "ilay of _Abr I 20 (1. Notary My commission expires _I z / . 20-L BOOK/ BOOK19f�aPAGE� 317395 FILED ARTICLES OF INCORPORATION No 5 h 116 AN 183 OF SURE SOUND OF THE SEA MASTER ASSOCIATION, ETARyOFSiATE (A NONPROFIT CORPORATION) r�}'CAROLINA The undersigned, being of the age of eighteen (18) years or more, does hereby make and acknowledge these Articles of Incorporation for the purpose of forming a corporation not for profit pursuant to Chapter 55A of the General Statutes of North Carolina, entitled "Nonprofit Corporation Act," and the several amendments thereto: ARTICLE I NAME The name of the corporation is Sound of the Sea Master Association, Inc. ARTICLE II DURATION The period of duration of the Corporation is per- petual. ARTICLE III PURPOSES The purposes for which the Corporation is organized are: a. To own, manage, maintain and operate the sewage treatment facility located upon Tract 2 as shown and delineated on the plats of Sound of the Sea Townhouses recorded in Map Book 10-D, at Page 42, and in Map Book 18, at Page 100, in the office of the Register of Deeds of Carteret County, the road located upon Tract 3 as shown and delineated on the aforesaid plats, and such other amenities as may be conveyed to the Corporation for the benefit of owners of property included within the property conveyed to Sound of the Sea, Inc, by Cape Fear Company by deed recorded in Book 446, at Page 140, in the (�W/l *//0 office of the Register of Deeds of Carteret County, which other amenities may include, but are not limited to, clubhouses, tennis courts, swimming pools and other recreational facilities. b. To engage in any lawful act or activity for which corporations may be organized under Chapter 55A of the General Statutes of North Carolina. In exercising its powers, the corporation shall insure the equal right of all members and the owners of property represented by such members to the use of all amenities and property of the Corporation and shall levy dues and assessments against each member in proportion to the number of residential dwelling units represented by each such member, the dues and assessments to be levied against a particular member being equal to a fractional share of the total dues and/or assessments levied, the numerator of which is the number of residential dwelling units represented by such member and the denominator of which is the number of residential dwelling units represented by all members. ARTICLE IV MEMBERSHIP OF THE CORPORATION The Corporation shall have one class of membership which shall consist of Sound of the Sea Property Owners Association, Inc, and all other associations representing owners of property included within the property conveyed to Sound of the Sea, Inc. by Cape Fear Company by deed recorded in Book 446, at Page 140, in the office of the Register of Deeds of Carteret County. Members shall have the power of appointment of directors and the vote on all matters upon which the members shall be entitled to vote as provided in the Bylaws. The following actions by the Corporation shall require the prior unanimous approval of all members: (a) amendment of the Articles of Incorporation; (b) amendment or repeal of the Bylaws. - (A "t. ii 2 Pam- /i� (c) merger or consolidation with any other corpora- tion or entity; (d) voluntary dissolution of the Corporation; (e) sale, lease, exchange, mortgage, pledge or other disposition of any property or asset of the Corporation; and, (f) construction of any captial improvement on any real property of the Corporation. ARTICLE V DIRECTORS Except as herein provided, the number of directors of the Corporation and the method of their appointment shall be fixed by the Bylaws. The number of directors constituting the initial Board of Directors shall be three (3), and the names and addresses of the persons who shall serve as directors until their successors shall be appointed and qualified are as follows; Name Address Lawrence S. Spell Spell Realty Routed , Emerald Isle Morehead City, North Carolina 28557 L. B. Page Spell Realty Route 1, Emerald Isle Morehead City, North Carolina 28557 Philip H. Klein 2408 Marston Road Greensboro, North Carolina 27408 ARTICLE VI EARNINGS AND DISTRIBUTIONS No part of the net earnings of the Corporation shall inure to the benefit of any officer, director or member of the Corporation; and upon dissolution of the Corporation, -the assets i� 3 Pam- /& thereof, after all of its liabilities and obligations have been discharged or adequate provision made therefor, shall be distributed to an association or associations organized for purposes similar to those set forth in Article III hereof or in such other manner consistent with the Corporation's nonprofit status. ARTICLE VII REGISTERED OFFICE AND AGENT The address of the initial registered office of the Corporation in the State of North Carolina is Spell Realty, Route 1, Emerald Isle, Morehead City, North Carolina 28557; and the name of its initial registered agent at such address is Lawrence S. Spell. ARTICLE VIII INCORPORATOR The name and address of the incorporator is: Name Address Lawrence S. spell Spell Realty Route•1, Emerald Isle Morehead City, North Carolina 28557 IN TESTIMONY WHEREOF, I have set my hand hereto, this the a,;w day of , v , 1983. aawrence S. Spell G' STATE OF NORTH CAROLINA COUNTY OF C/J,t T , a Notary Public in and for said County and State, do hereby certify that LAWRENCE S. SPELL personally appeared before me this day and acknowledged the due execution of the foregoing instrument. 4 of WITNESS my hand and notarial seal, this the 11 �/��' , 1983. day Notary Public My Commission expires: o?7AIAl i9g(o Pi 7/ 8 slyd o�;24/A on the day of �� Aft, and recorded in Book f ago Office of the Registerof Deeds, Carteret e0-0965(r) County, North Carolina. 12PRM Sharon Piner egister of a ds gy -Ai;sWk Deputy 4w rn c; > r u C) 0 o ~ z Pq W r, rx G 7) , O � u G Z � W O -w> O q r M r u HOC N 0 C O iTl Wp�O O W r r X z G n Ln u C v z- G •. S Lr 07 W rl - r v u O C, m (In O J C z J c Ln O c C z c > O c:)— C ^ L'�E N O >. C u r U co — � W O u r > O rz 70 rl G� cn u 00D O X r70 I OO N 1230'03„v� z A 7 A -cc C 1 Lo oo 7S °percl >� �D > >> 1 , a ? �> �i Loll! I ?, /10 �15--\ °< Agi 7 - - m \ DFIVE C o >zo \ \_ < - \ i 15 N nI77, � �� / a h xr,/IIIv�I�1— / 11 1 p (I.... — l V AA \ I I I A/ I l t �U-o, 1 g/,p �. 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Box 2928 Surf City, North Carolina, 28T45 910. 329. 0926 (o) / 910.329. 0567 (fl - jwhollandengineering@embargrnail. corn >_ 5z, a O Nz=1 o0 a a. o�.nya�x z m o cn a .= 3 c> m z ooc� c_s z v m o'32"E 34.77' m m m z 0 �r- � Z e r I O M r�Do0 D C M - z .p� m ._ ;� C) M r+a _ \ / ASPHAL \ \ D )iv < �\ \V % \\ Q \\ �_ vv ��--� I A VIII I I v� I I I ��/ '� v� I I ---�J CT LT \\ \; \ ./ / �,II T z 1 \ �7 77 T iU / Q\ \ -> I, - , / / / / \ �/ (- vv (A-) O Fil K O - 00 D O �U) mM D� qC� O > z % > - i F i � r-- I vU'C co � T, / >�> - x� O cc C� F p n / �C �x 0 0� C c� — > — i - - > j > 7 U 77zz � c �z �� u�> IN G� �c cCi� C N I o Q @ cc � u) cn -4 cl� N G� _ _ z �n-0mm ~-°io ��m�-, `o_n�z `� �a� a a= ��o io T��yQ=x��000�o mDn -1c�� - -c)0y Z�=r- a CEO - Oa - - ZO�j �r0� �'l(� rrlM r-.IC=q0C r�r�rcna- rn acn mar- rTirn -C-a C c� r', a- ox _a�Lo z `o 2�Lo r- a~`=' o� z�� `� r-= z Or �a:, m0 0z0 o z0-<0`�ozZD r cn �a cnCD�aZn- cn n,-�Z C-nc*)mn, �c"Wra - c� r, Z a rya �— Co Z �cn- ra�c�rr 2=�r a cn p — —_ = C mr, rn�n =rpZcnZG�Z G�ZCo Lo Z�ZG�Cz z mGZj ZC °Z�� aZ�aO - ��o --I cCjDa �m C2� �cnD �CZzO -z cj�0�C�-C_r� m��m�nt� < O rcn �� ~ n oz°>� aq=r m =Z� rcnn per z zm -Ti �o �?cn�z o �z0-n�-ny�-non o��o =� z mpz� n no_ mm C3 _ o �� orri Lnr-no z m��zz�� zz o a°ate n o zom o� "p a�a�a � C a n n Z u - � Z - cn cn 2 cn cn cn C r1iz �� _ - c z-o _ a OC o -I _ aa�. 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