WQ0029635_Regional Office Historical File Pre 2018 (3)

ROY COOPER
Governor
MICHA:EL S. REGAN
Seerurary
LINDA CULPEPPER
Dimctor
SHANE WOLFORD — PRESIDENT
SUNSET POINTE ON HIGH ROCK HOA LLC
522 SUNSET POINrE DRIVE
SALISBURY, NORTH CAROLINTA 28146
Dear Mr. Wolford:
NORTH CAROLINA
EnvfrontrrenW Quality
December 11, 2019
Subject: Permit No. WQ0029635
Sunset Pointe WWTF
Wastewater Irrigation System
Rowan County
In accordance with your permit renewal request received August 23, 2019, and subsequent
additional information received November 15, 2019, we are forwarding herewith Permit No. WQ0029635
dated December 11, 2019, to Sunset Pointe on High Rock HOA LLC for the continued operation of the
subject wastewater treatment and irrigation facilities. Please note that this renewed permit shall become
effective on March 1, 2020 (i.e., the day after the expiration date of the existing permit).
This permit shall be effective from March 1, 2020 through September.30, 2025, shall void Permit
No. WQ0029635 issued December 11, 2014, and shall be subject to the conditions and limitations therein.
The Permittee shall submit a renewal application no later than April 3, 2025.
Please pay attention to the monitoring requirements listed Attachments A, B, and C for they may
differ from the previous permit issuance. Failure to establish an adequate system for collecting and
maintaining the required operational information shall result in future compliance problems.
The Division has removed the following permit condition since the last permit issuance dated
December 11, 20144
Old Condition VI.2. — This condition has been removed because the permit is not voidable.
The following permit conditions are new since the last permit issuance dated December 11,
2014:
➢ Condition U.13. — All of the 15A NCAC 02H .02190) setbacks applicable at the original time
of permitting have been added.
➢ Condition I11.16. — Metering equipment shall be tested and calibrated annually.
➢ Condition VI.10. —. This condition states that the permit will not be renewed if the annual fee
is not paid.
➢ Attachment A — of Total Nitrogen has been added to effluent monitoring.
➢ Attachment C — of Total Phosphorus has been added to groundwater monitoring.
r north Carolina Department of Environmental Quality ! Division of water Resources
<. 5gNorth Salisbury Street 1 1617 Mail Service Center i Raleigh, North Carolna 27699-1617
smvsus"ieact' "` 919.707.9000

Mr. Shane Wolford
December 11, 2019
Page 2 of 2
If any parts, requirements, or limitations.contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall 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 at 6714 Mail Service
Center, Raleigh, NC 27699-6714. Otherwise, this -permit shall be final and binding.
If you need additional information concerning this permit, please contact Erick Saunders at (919)
707-3659 or erickon.saundersfaincdenr.kov;<
Sincerely,
Linda Culpepper, Director
6 Division of Water Resources
cc: Rowan County Health Department (Electronic Copy)
Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiehe File (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
WASTEWATER IRRIGATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 14.3, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Sunset Pointe on High hock HOA L C
Rowan County
FOR THE
continued operation of a 75,000 gallon per day (GPD) wastewater treatment and irrigation facility
consisting of:
a 1,500 gallon baffled septic tank at each residence (106 four bedroom homes, 27 three bedroom patio
homes, and 36 two bedroom condominiums); an influent flow meter (to be constructed in accordance with
Condition I.1.); three flow splitter boxes; four 20,000 gallon recirculation tanks serving 16 Advantex AX-
100 textile filters; an ultraviolet (UV) disinfection; an 89,000 gallon pump tank with 298.4 gallon per
minute (GPM) pumps; a permanent auxiliary power source; a rain sensor; a 591,256 cubic foot (fl )
synthetically lined wet weather storage pond; a 34.7 acre drip irrigation area consisting of 14 zones; and all
associated piping, valves, controls, and appurtenances'
to serve the Sunset Pointe WWTF, with no discharge of wastes to surface waters, pursuant to the application
received August 23, 2019, subsequent additional information received November 15, 2019, and in
conformity with the Division -approved plans and specifications considered a part of this permit.
This permit shall be effective from March 1, 2020 through September 30, 2025, shall void Permit No.
WQ0029635 issued December 11, 2014, and shall be subject to the following conditions and limitations:
I. SCHEDULES
1. Based on the current configuration of the effluent flow meter and the low average daily flows (ADF),
the Permittee may conduct a monthly estimate of their effluent flow values. These values shall be
reported on the Non -Discharge Monitoring Report (NDMR) as required in Condition IV.7. Upon
reaching a monthly ADF of 8,000 gallons per day (GPD) and prior to exceeding an ADF of 9,000 GPD,
the Permittee shall submit a permit modification to the Division for the construction and operation of a
continuous monitoring and recording effluent flow meter. This permit modification shall include plans
and specifications for the proposed effluent flow meter, and be signed, sealed and dated by a licensed
North Carolina Professional Engineer. This permit modification shall be submitted to the Division of
Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617. [15A
NCAC 02T .0108(b)(1)(B)]
2. The Permittee shall request renewal of this permit on Division -approved forms no later than April 3,
2025. [15A NCAC 02T .0105(b), 02T A109]
WQ0029635 Version 3.0 Shell Version 181105 Page 1 of 9

H. PERFORMANCE STANDARDS
1. The Permittee shall maintain and operate the subject non -discharge facilities so there is no discharge to
surface waters, nor any contravention of groundwater or surface water standards. In the event the
.facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper
operation and maintenance, or failure- of the irrigation areas to assimilate the effluent, the Permittee
shall take immediate corrective actions, including Division required actions, such as the construction
of additional or replacement wastewater treatment or disposal facilities. [15A NCAC 02T
.0108(b)(1)(A)]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface
water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)]
3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108
(Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and
regulations pertaining to well construction. [15A NCAC 02C .0108]
4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T
.0108(b)(1)(A)]
5. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in
Attachment B. [15A NCAC 02T .0108(b)(1)(A)]
6. The attached Operational Agreement shall be a condition of this permit. Noncompliance with the terms
of the Operational Agreement shall subject the Permittee to all sanctions under G.S. 143-215.6A, G.S.
143-215.6B, and G.S. 143-215.6C for violation of or failure to act in accordance with the terms and
d
conditions of this permit. [15A NCAC 02T .0115]
7. The Permittee shall connect the irrigation system to a rain or moisture sensor designed to prevent
irrigation during precipitation events or wet conditions. [15A NCAC 02T .0505(x)]
Wastewater irrigation fields permitted on or after December 30,1983 have a compliance boundary that
is either 250 feet from the wastewater irrigation area, or 50 feet within the property boundary,
whichever is closest to the wastewater irrigation area. Any exceedance of groundwater standards at or
beyond the compliance boundary shall require corrective action. Division -approved relocation of the
compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common
ownership and permitted for use as a disposal system shall be treated as a single property with regard
to determination of a compliance boundary. [15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h),
G.S. 143-215.1(i), G.S. 143-215.1(k)]
9. The review boundary is midway between the compliance boundary and the wastewater irrigation area.
Any exceedance of groundwater standards at or beyond the review boundary shall require preventative
action.- [15ANCAC 02L .0106(d)(1), 02L .0108]
10. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [ 15A NCAC
02L .0107(c)]
11. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance
boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107]
WQ0029635 Version 3.0 Shell Version 181105 Page 2 of 9

12. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is
not the Permittee and owns land within the compliance boundary shall execute and file with the Rowan
County Register of Deeds an easement running with the land containing the following items:
a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1);
b. Prohibits construction and operation of water supply wells within the compliance boundary; and
c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary
for purposes related to the permit.
The Director may terminate the easement when its purpose has been fulfilled or is no longer needed.
[I 5A NCAC 02L .0107(fl] -
13. The facilities herein were permitted per the following setbacks:
a. The irrigation sites were originally permitted March 27, 2006. The setbacks for drip irrigation sites
originally permitted or modified from February 1, 1993 to August 31, 2006 are as follows (all
distances in feet):
i. Each private or public water supply source:
100
I Surface waters:
100
iii. Groundwater lowering ditches:
25
iv. Surface water diversions (upslope):
10
v. Surface water diversions (downslope):
25
vi. Each well with exception of monitoring wells:
100
vii. Each property line:
501
viii. Top of slope of embankments or cuts of two feet or more in vertical height:
15
ix. Each water line:
10
x. Each swimming pool:
100
xi. Public right of way:
50
xii. Nitrification field:
20
xiii. Each building foundation or basement:
15
' Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02H .02190)(5)] `
b. The storage and treatment units were originally permitted March 27, 2006. The setbacks for storage
and treatment units originally permitted or modified from February 1, 1993 to August 31, 2006 are
as follows (all distances in feet):
L Each private or public water supply source: 1.00
ii. Surface waters: 50
iii. Each well with exception of monitoring wells: 100
iv. Each property line: 501
v. Nitrification field: 20
1 Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02H .02190)(5)]
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3
to

M. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [ 15A NCAC
02T .0500]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational
functions, maintenance schedules, safety- measures, and a spill response plan. [15A NCAC 02T
.0507(a)]
3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified
operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC
or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02-T
.0117]
4. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal,
allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02T
.0507(b)]
5. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites
listed in Attachment B. [15A NCAC 02T .0507(c)]
6. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a
condition that will cause ponding or runoff. [15A NCAC 02T .0505(x)]
7. Irrigation equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02T .0507(d)]
8. Only treated effluent from the Sunset Pointe WWTF shall be irrigated on the sites listed in Attachment
B. [15A NCAC 02T .0501]
9. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during
equipment installation or maintenance activities. [15A NCAC 02T .0507(e)]
10. The Permittee shall prohibit public access to the wastewater treatment, storage, and irrigation facilities.
[15A NCAC 02T .0505(q)]
11. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A NCAC
02T .0508, 02T .I 100].
12. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. [15A NCAC 02T .05050)]
13. Freeboard in the 591,256 ft3 synthetically lined wet weather storage pond shall not be less than two feet
at any time. [15A NCAC 02T .0505(d)]
14. A gauge to monitor waste levels in the 591,256 ft; synthetically lined wet weather storage pond shall
be provided. This gauge shall have readily visible permanent markings, at inch or tenth of a foot
increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid
storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the
lowest point on top ofthe dam. [15A NCAC 02T .0507(f)]
15. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion
control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to
maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and
other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen
embankments shall be kept mowed or otherwise controlled and accessible. [ 15A NCAC 02T .0507(g)]
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16. Metering equipment shall be tested and calibrated annually. [I SA NCAC 02T .0507(d)]
17. An automatically activated standby power source capable of powering all essential treatment units shall
be on site and operational at all times. If a generator is employed as an alternate power supply, it shall
be tested weekly by interrupting the primary power source, [15A NCAC 02T .0505(1)]
IV. MONITORING AND REPORTING RE iTJIREMENTS
1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)]
2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and
surface water parameters. [15A NCAC 02H .0800]
3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be
reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their
flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T
.0108(c)]
4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters
specified in Attachment A. [15A NCAC 02T .0108(c)]
5. The Permittee shall maintain records tracking the amount of effluent irrigated. These records shall
include the following information for each irrigation site listed in Attachment B:
a. Date of irrigation;
b. Volume of effluent irrigated;
c. Site irrigated;
d. Length of time site is irrigated;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings;
f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B;
g. Weather conditions; and
h. Maintenance of cover crops.
[15A NCAC 02T .0108(c)]
6. Freeboard (i.e., waste level to the lowest embankment elevation) in the 591,256 tf synthetically lined
wet weather storage pond shall be measured to the nearest inch or tenth of a foot, and recorded weekly.
Weekly freeboard records shall be maintained for five years, and shall be made available to the Division
upon request. [15ANCAC 02T .0108(c)]
Three copies of all monitoring data (as specified in Conditions IV.3. and IV.4.) on Form NDMR for
each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and
IV.6.) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of
the following month. If no activities occurred during the monitoring month, monitoring reports are still
required documenting the absence of the activity. All information shall be submitted to the following
address:
Division of Waier Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .0105(1)]
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8. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be
maintained for five years, and shall be made available to the Division upon request. This record shall
include:
a. Name of the residuals hauler;
b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals;
c. Date the residuals were hauled; and
d. Volume of residuals removed.
[15A NCAC 02T .0508(b)]
9. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall
be made available to the Division upon request. This log shall include:
a. Date of flow measurement device calibration;
b. Date of irrigation equipment calibration;
c. Date and results of power interruption testing on alternate power supply;
d. Visual observations of the plant and plant site; and
e. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections
and cleanings, etc.).
[15A NCAC 02T .0507(h)]
10. Monitoring wells MW-1, MW-2, and MW-3 shall be sampled at the frequencies and for the parameters
specified in Attachment C. All map g�well construction forms., well abandonment forms and
monitoring data shall refer to the permit number and the well nomenclature as:provided in Attachment
C and Fig a re 1. [15A NCAC 02T .0105(m)]
1 l.. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-59)
shall include this permit number, the appropriate well identification number, and one GW-59a
certification form shall be submitted with each set of sampling .results. All information shall, be
submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .01.05(m)]
12. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on
each irrigation site listed in Attachment B. These results shall be maintained at the facility for five
years, and shall be made available to the Division upon request. Each Standard Soil Fertility Analysis
shall include the following parameters:
Acidity
Exchangeable Sodium Percentage
Phosphorus
Base Saturation (by calculation)
_....�_.
Magnesium
_....__i
Potassium
Calcium
Cation Exchange Capacity
Manganese
Percent Humic Matter
Sodium
Zinc
Copper
y pH
[15A NCAC 02T .0108(c)]
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13. Noncompliance Notification:
The Permittee shall report to the Mooresville Regional Office, telephone number [phone],
within 24 hours of first knowledge of the following:
a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a
hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of
adequate wastewater treatment.
c. Any facility failure resulting in a discharge to surface waters.
d. Any time self monitoring indicates the facility has gone out of compliance with its permit
limitations.
e. Ponding in or runoff from the irrigation sites.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone]. All
noncompliance notifications shall file a written report to the Mooresville Regional Office -within five
days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to
ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)]
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater
treatment and irrigation facilities. [15A NCAC 02T .0507(i)]
2. The Permittee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions,
facility deterioration, and operator errors that may result in discharges of wastes to the environment,
threats to human health, or public nuisances. The Permittee shall maintain an inspection log that
includes the date and time of inspection, observations made, and maintenance, repairs, or corrective
actions taken. The Permittee shall maintain this inspection log for a period of five years from the date
of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T
.0507(h), 02T .0507(i)]
3. Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the wastewater treatment and irrigation facilities permitted herein
at any reasonable time for determining compliance with this permit. Division authorized
representatives may inspect or copy records maintained under the terms and conditions of this permit,
and may collect ground%vater,, surface water, or leachate samples. [G.S. 143-215.3(a)(2)]
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VI. GENERAL CONiDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a
Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C]
2. This permit.is effective only with respect to the nature and volume of wastes described in the permit
application, and Division -approved plans and specifications. [G.S. 143-215.1(d)]
3. Unless specifically requested and approved in this permit, there are no variances to administrative codes
or general statutes governing the construction or operation of the facilities permitted herein. [15A
NCAC 02T .0105(n)]
4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal)
may require. [15A NCAC 02T .0105(c)(6)]
5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall
submit a permit modification request on Division -approved forms. The Permittee shall comply with
all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S.143-
215.1(d3)]
6. The Permittee shall retain a set of Division -approved plans and specifications for the 1 ife of the .facilities
permitted herein. [15A NCAC 02T .0105(o)]
7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or
until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)]
8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in
whole or part for:
a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02T;
b. obtaining a permit by misrepresentation or failure to disclose all relevant facts,
c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials:
i. to enter the Permittee's premises where a system is located or where any records are required
to be. kept;
ii. to have access to any permit required documents and records;
iii. to inspect any monitoring equipment or method as required in this permit; or
iv. to sample any pollutants;
d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or
e, a Division determination that the conditions of this permit are in conflict with North Carolina
Administrative Code or General Statutes.
[15A NCAC 02T .0110]
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9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent, subsidiary, or other affiliate,of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility.
c. The Permittec or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and all appeals of this penalty have been abandoned or exhausted.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee.
[15A NCAC 02T .0120(b), 02T .0120(d)]
10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee.
[15A NCAC 02T .0120(c)] ' .
Permit issued this the 11I day of December 2019
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT'COMMISSION
nda Culpepper, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0029635
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ATTACHMENT A — LIMITATIONS AND MONTi ORING REQUIREMENTS Permit Number: WQ0029635 Version: 3.0
PPI 001— WWTF Effluent
EFFLUENT CHARACTERISTICS ' EFFLUENT LIMITS MONITORING REQUIREN TENTS
! PCS
Cade
Parameter Description Unite of
Measure
Monthly
Average
Monthly
Geometric Mean
Daily Minimum
y
Daily Maximum Measurement
Frequency
Sample
Type
00310
l3C)D, 5-Day (20 °C) rng/L
4 x Year i
Grab
00940
Chloride (as Cl) mg/1.
-
Annually z
Grab
31616
Coliform, Fecal MF, M-FC Broth, 44.5 °C/100 mI,
..
4 x Year
Grab
50050,
Flow, in Conduit or thou Treatment Plant 1 GPD
75,000
i Monthly a / Continuous a
Estimate / Recorder
00610
Nitrogen, Ammonia Total (as N) mg/L
4 x Year
( Grab
00625
Nitrogen, KJeldahl, Total (as N) mg/L
o
4 x Year
4
Grab
00620
Nitrogen, Nitrate Total (as N) ? mg/1-
4 x Year
E Grab
00600
Nitrogen, Total (as N) mg/L
a
4 x Year
.......___
Grab
—
00400
pH su
Weekly
Grab
00665
Total (as P) mg/L
Phosphorus,_
i
_ 4 x Year
Grab
70300
Solids, Total Dissolved —180 °C E mg/L
Annually 2
? Grab
00530 Solids Total Suspended R mg/L 4 x Year i Grab
1. 4 x Year sampling shall be conducted in March, June, September, and December.
2. Annual sampling shall be conducted in November. .
3. While the monthly average daily flow (ADF) is less than 10,000 gallons per day (GPD), the Permittee shall sample flow (50050) monthly.
4. When the monthly ADF exceeds 10,000 GPD, the Permittee shall sample flow (50050) on a continuous basis.
WQ0029635 Version 3.0 Attachment A Page 1 of 1

ATTACHMENT R - APPROVED LAND APPLICATION SITES AND LIMITATIONS
Sunset Pointe on High Rock HOA LLC - Sunset Pointe VMTF
Permit Number. WQ0029635
Version: 3.0
IRRIGATION AREA INFORMATION
APPLICATION LIMITATIONS
Net Dominant
Field Owner County Latitude' Longitude '
LAS!La�: Soil Series
Hourly
Parameter Yearly * Units
Rate Max
I
Sunset Pointe on High Rock HOA LLC
Rowan
35.674428'
-80.351609-]
15
Mecklenburg
011284.--- Non -Discharge Application Rate
0.3
4017
inches
2
Sunset Pointe on High Rock HOA LLC.:
Rowan
. . .
35.6744211
. .... . .....
-80.354332"
1 2.5
Mecklenburg
0 1284 - Nan -Discharge Application Rate
0.3
40.27
inches
3
Sunset Pointe on High Rock HOA LLC
Rowan
35.6744341
-80.355083'
2.5
Mecklenburg
01284 -Non-Discharge Application Rate
0.3
40.27
inches
.
4 ,
. . ....... ., .
JSSP, LW; Sunset Poinkon .HiA
Rowan
35.6755581
....... .... .... .. ....
-80.3553000j
2.6
,Mecklenburg
01284 -Non-Discharge Application Rate:
0.3
40.27
inches
Rock HOA LLC
5
JSSP, LLC: Sunset Pointe on High
Rowan
35.674567"
-80.3557970
-2.5
......... ....
Mecklenburg
.. . ..... . .......
01284-Non-Discharge Application Rate
0.3
40.27
inches
Rock HOA LLC
6
JSSP, LLC ;Sunset Pointe on High
Rowan
35.6762321,
-90355560'
2.4
Mecklenburg
01284 - Non -Discharge Application Rate
0.340.27
inches
Rock 110A LLC
7
JSSP, LLC
Rowan
.35.676249°
-90.3569981,
2.4
Meck.lenburg
012,94 - Non -Discharge Application Rate
............
0.3
40.27
inches
8
JSSP, LLC
Rowan
35.6756370
-80.357269'
2.5
Mecklenburg
. .. .
01284-Non-Discharge Application Rate
0.3
40.27
inches
9
JSSP, LLC
Rowan
;35.674862'
-80.3572281i
2.5
Mecklenburg
01284 -Non-Discharge Application Rate,
0.3
40,27
inches.
10
JSSPI' Sunset Pointe on High
Rowan
35.674390'
-80.356983'
2.5
Mecklenburg
01284 -Non-Discharge Application Rate
0.3
40.27
inches
Rock HOA LLC
11
Sunset Pointe on High Rock HOA LLC
Rowan
35.6730730
-803550630
2.5
Mecklenburg
.01284 - Non -Discharge Application Rate
0.3
4027
inches
12
Sunset Point, on High Rock HOA LLC
Rowan
. ........... .
35.6730600
........
-80.354337-
2.5
Mecklenburg
01284 - Non -Discharge Application Rate
0.3.
40.27
inches
. . . .......... . .....
13
Sunset Pointe on High Rock 110A LLC
Rowan
35.6720050
80.353711
2.7
Mecklenburg
01284 - Non -Discharge Application Rate
0.3
40.27
inches
14
Sunset Pointe on High Rock HOA L[,C
3Rowan
35.672091'
-80.3547850'i
2.1
Mecklenburg
01284 Application Rate
0.3
40.27
inches
Totals
34.7
1. Please note that all of Fields - 7, 8 and 9, as well as portions of Fields 4, 5, 6 and 10 are located on land (Parcel #606 070) notowned by.the Pennittee. However, an easement has been granted to
allow the use of this land for the subject wastewater irrigation system. This easement is recorded in the Rowan County Register of Deeds in Book 9995 Page 6479,
WQ0029635 Version 3.0, Attachment B Page I of 1

ATTACHIENT C — GROUNDWATER MONITORING AND LIMITATIONS Permit Number: WQ0029635 Version: 3.0
Monitoring'Wells: MW-1, MW-2, and AM-3
GROUNDWATER CHARACTERISTICS
GROUNDWATER STANDARDS
MONITORING REQUIREMENTS
...... w ._ _ W.. _ ... ...... ._................ .__......_......._.-
PCS Code Parameter Description
.._._................. ..............................._................... . ,, _._� .
Daily Maximum
� _ .....................
Frequency Measurement Sample Type µFootnotes
00940
Chloride as
( Cl))
50
m 1
Annually
Y
Grab
1 5, 6
'
31616
Coliform, Fecal MF, M-FC Broth, 44.5 °C
#/100 mL
Annually
Grab
1, 5, 6
00610
Nitrogen, Ammonia Total (as N)
1.5
mg/L.
Annually
Grab
1, 5, 6
00620
Nitrogen, Nitrate Total (as N)
10
_._
mg/L
_
Annually
_
Grab
1, 5, 6
00400
pH
6. S 8 5
su
Amorally
Grab
1, 2, 5, 6
00665
Phosphorus, Total (as P)
mg/L
Annually
Grab
1 ,5, 6
70300
Solids, Total Dissolved - 180 °C
,_ _ .._-.-_ . _..__....__._..__ ....— -
500
mg/L
__
— --- ._ _.. __. _..
Annually
Grab
1, 5, 6
82546
Water Level, Distance from measuring pointfeet
Annually
Calculated
1, 2, 3, 5, 6
1. Annual monitoring shall be conducted in November.
2. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement of
pH shall be made after purging and prior to sampling for the remaining parameters.
3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the treasuring point for each monitoring well. The measuring points (top of
casing) of all monitoring wells shall be surveyed relative to a common datum.
4. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 1 and this attachment
5. Please note that monitoring wells MW-1 and MW-2 are located on land (Parcel #606 070) not owned by the Permittee. However, an easement has been granted to allow the use of this land for the
subject wastewater irrigation system. This easement is recorded in the Rowan County Register of Deeds in Book 99951 age 6479.
6. Due to low flows, a request to reduce the groundwater sampling frequency to annually was approved in the permit issued December 11, 2014.
WQ0029635 Version 3.0 Attachment C Page 1 of 1

p,rr— mnq lmpqtr)k,TP
NO 1 5 2019
�sch a rgt,
STATE OF NORTH CAROLINA 0 1,41
COUNTY OF PerrnitNo:
QNRA 4AL AGREEMENT
Ilk AGREMENT made pursuant to G.S. 143-215.1 (dl).andentered into this I k4x-t day of
Mcm Jag- ' 20UN by mid between the North Carolina Enviwn1�ePt11,Mana&emznt
. 99n ...
Commission, An agency of the . State. of North Camlina, hereinafter, known • as the. -COMMISSION and
tj a non-profit corporation organized
and existing ufidef and by V*iA]e of the 1iia'0i the State . of North Carolma,'hereinafter known as the
ASSOCIATION.
WITNESSEni:
L. The ASSOCIATION.. wasfbrnte&fbreV , u. W
_in A _P—m-w-ty., its and —
business of the development known as 50"0i,4z
{hereinafter the Development}, of operatinf. m8intalnin9, io-consteucting. tI faildiking- the'WfamOn
elements of tfi6 lands -and trapt6velneirls subject to snit bWnership,- including the wasumaw collection
system with-puraps, waste . watpr. treatmgnt works, find/Gk disposal facilities (hereinafter Disp, YM System);
and of coll��'dues and as
ads for subhope'rationre
, maintenance� -cbrisiruction
seiim*io _pf6Vi&.1U' ­4
and mpalr;
2. The ASSOCIATION desires, to construa-itdibrloperit6`a Disposal System t6 orovid
e sanitary sawage
disposal to serve the Development on said f"
3. The ASSOCIATION has applied to the . C I OhaCSSION f.brt the issuance of a permit -pursuant to G.S. 143-
215.1 to construct, mkintair% andlor b** . ih.6 . Disposal
4. Tho Development was created subject to unit ownership in the d%tilimp''.u'ria's; other improvements and
lands through filing of A Declaration of Unit Ownership (hereinafter'Declaradola). pursuant to Chapter
47C of the North Carolina General Statutes..
5. The COMMISSION desires to assure that the Disposal System 617 the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public awrest
NOW, THEREFORE, in consideration . of -the pt . omLus and the benefits to be derived by eich,0611ii parties
hereto, the COMMISSION and ASSOCIATION do hereby. mutually agree as follows:
1. The ASSOCIAMON ShVA cos Bu=t the DiSP0im1'9ystam and/or make any additions or modificationsto
the Disposal System in - accordance With the permit and plans and specifications'.heriaAar- issued- and
approved by the COMMISSION i' and shall thereafter properly operate an& maintain such systems 'and
facilities in accordance with applicable permit provisions and few.
2. The ASSOCIATION shall, provide itt.the. Declaration and Association Bylaws that the Disposal SyAcra
and appurtenances thereto are part of thi common elements and- shall tharcafter-be 'pioperitmaintained
ons permit operation; repa
and operated in conformity with law and the provisi of the P i for 066t[111001i, 0 ratio " ir,
and'maintenance, of the sydwm and halitie& The Declaration and Bylaws "I identify the entire
wastewater treatment, collection and disposal'system as a COMMOR element, which will itctive the highest
priority for expenditures by thv,Assbdia00a except for Federal, State, and local taxes and insurance.
FORM: HOA 11.47 1aPI ON

3. The ASSOCIATION shall provide In the. Declaration and Association pylaws that the Disposal"Systein
will be maintained out of *8 common expenses. In order to assure that jhere-4hs�l W funds- readily
available w repair, mainuiK or. construct the DiSPOS81 System. -bayond the routine operation and
maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of
the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the
facility and shall be part of the yearly budget.
4. in the event the common expense allocation and, separate flimd(s)- we not adequate for be construction,
rogjr, and mairitenaace,of the Disposal: Systerfij the Declaration and Agsociiation Bylaws shaft provide far
special assessments- to cover S06 necessary costs. 711fto' shall .10 no. limit on the- ant6unt.. of such
iiss�rneats, and the Declaration - and Bylaws shall be provided such that special assessments can be made
as necessary" at any time.
5. if a wadmater collection system and wastewater treatment andlbr disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit ot"govemment shall hereinafter be.4dme-
milablo to serve rite Development , the ASSOCIATION shall take such action as Is necessary to cause the
existing aqd,Alh=vms*t'evmcroftbb�Dcvjiibome .dmepted And discharged intp-.saI4 Ov
system, and -shall convey or . as I Wir
e DiViosal Systun and. such necessary casements as the
1ovnudu -nit may require as condition of accepting the Developmenes, wastewater.
6. Recognising that it would be convary to the public interest and to the public health, salloty and �welfhm for
be ASSOCIATION to enter into voluntary dissolution without having made adequate provision,for the
continued proper maintenance, rep* and operation of W Disposal System, the ASSOCIATION` shall
CIATION Byla
provide. in the.ASSO-that-theASSOCATION shall not enter into voluntary dissolution
w.q.
without 16fliaving'imniferivil'its said system and faefli ifles to some person, corporation or other..entity
acceptable to and approved by the COMMISSION by be issuance of permit
7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its resi)4osibility
for the operation and maintenance of its Disposal System until a permit has been reissued to ike
ASSOCIATION'S successor..
S. The agreements set forth in numbered paragraphs 1, 2, 3, 4,.5, 6, and 7. above shall be 0011.4itions,ofmy
permit issued by the COMMISSION to the ASSOCIATION fbr the construction, maintenance, repair and
operation of the Disposal System.
9. Acopy offlds:agwmcntshall
js'filed and in the of fl&s"of the" Ra of ton of
the Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by be d0lj aubdHW
reprmntative of the prties hereto on the day and year written as indicated by each of the pffiffes named below.
U'0
10
FOR THE ENVIRONMENTAL V'01 I ,
MANAGEMENT COMMISSION Name ofASSOCIATION 'y
e:inda CU[pqp 'per, hilerim Director
Division of Water Resources
/Z/-"/4 . .
(Date)
FORM: HOA 11-17
5IA-me- L.-J'01c"
Print Name and Title
(DaW)
Pop-2 tYf2

State of North Carolina
Department of Environmental Quality
Division of Water Resources
NON -DISCHARGE SYSTEM RENEWAL
'° Division of Water Resources -
FORM: NDSR 08-19
This form is for renewal without modification for all non -discharge system permits, except Residuals Management and Single -
Family Residence Wastewater Irrigation System permits. RECEIVED11NJC0r=NR/f) WR
For more information, visit the Water Quality Permitting Section's Non -Discharge. Branch. DL. L 19
I. PERMITTEE INFORMATION:
1. Permittee: SUNSET POINTE ON HIGH ROCK HOA, LLC
2. Signature authority's name: Shane Wolford per 15A NCAC 02T .0106(b) Title: President
Primary Telephone number: 704 642-7172 Select Secondary number:
Email Address: board.sunsetpointeQP-mail.com
3. Permittee's mailing address: 522 Sunset Pointe Dr
City: Salisbury State: NC Zip: 28146
4. Billing address (if different from above):
City: State: Zip:
5. Contact person's name (if different from signature authority): Title:
Primary Telephone number: (_) _- Select Secondary number:
Email Address:
1NpROS
MOORESVILLE REGIONAL OFFICE
_ Select
RECEIVED/NCDEQ/DWR
AUG 23 V19
Non.Discharge
Permitting Unit
Select
H. PERMIT INFORMATION:
1. Existing permit number: WQ0029635
2. Has the facility been constructed? Z Yes or ❑ No
If yes, has the facility been constructed in accordance with the permit and the Division -approved plans and specifications?
f 15A NCAC 02T .01101 ® Yes 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 disposal area changed from what is indicated in the current permit
(Attachment B — disposal field owner/lessee)? ❑ Yes or ® No
Has the Permittee had a name change or has the permit changed ownership? ❑ Yes or ® 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 ® No
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 franchise for the area to be served by the non -discharge system.
f 15A NCAC 02T .0115(a)(1)]
5. Is the Permittee a Home/Property Owners' Associations or Developers of lots to be sold? ® Yes or ❑ No
If yes, provide the following:
• For Developers of lots to be sold — Operational Agreement (FORM: DEV) r15A NCAC 02T .0115(b)1
���,,: a��o I � GQ �sl'
FORM: NDSR 02-19 Page 1 of 3

"Division of Water Resources
State of North Carolina
Department of Environmental Quality
Division of Water Resources
NON -DISCHARGE SYSTEM RENEWAL
FORM: NDSR 08-19
III. SITE MAP:
`:1,,, �,Rro�id� as np'dated,�xtgmfa�,m:�Gcordzanc�,wathrl''S'E�.<Tl"C�C-�O�iT�Q'1OS�d�I hatsti'Q��its��'ie�o'1j9�innn"g
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)
❑ Location and identification of each monitoring well (identify any background/upgradient wells)
❑ Latitude and longitude coordinates of all monitoring wells (decimal degrees to 6 digits)
❑ Location and identification ofmajor 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
❑ Stormwater 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.
IV. 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
Type.
Grantor or
Parcel No.
Grantee
Expiration
Date
County
Registered
Deed
Book
Deed Page
Document ,
Description
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(6). All documents shall be listed
in the table above.
FORM: NDSR 02-19 Page 2 of 3

State of North Carolina
Department of Environmental Quality
41l sion of Water Resources
V. RELATED PERMITS
Division of Water Resources
NON -DISCHARGE SYSTEM RENEWAL
FORM: NDSR 08-19
If this permit has interactions with other wastewater permits (collection systems, NPDES, etc,), complete the table below
(provide additional pages if necessary):
Permit Type
Permit No.
Description
n/a
n/a
n/a
2. Does the facility have an approved flow reduction [15ANCAC 02T .0114(fl17 ❑ Yes or ❑ No
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 Certification per 15A NCAC 02T .0106(b):
I, Shane Wolford , attest that this renewal application has been reviewed by me, and 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 an 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 shall 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 I SA 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 f(e criteria in 15A NCAC 02T .0106(b)
Signature: � ^ __ Date:
THE COMPLETED APPLICATIbfN AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED TO:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY RECEIVED/NCDEQ/DWR
By U.S. Postal Service:
Non -Discharge Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
DIVISION, OF WATER RESOURCES
WATER QUALITY PERMITTING SECTION
NON -DISCHARGE BRANCH
AUG 2 S 2019
By Courier: By Email on -Discharge
Non -Discharge Branch — Archdale 640D Non-Discharge.Repor tigtdC �ifi
512 N. Salisbury St.
Raleigh, NC 27604
TELEPHONE NUMBER: [phone]
FORM:.NDSR 02-19 Page 3 of 3

BK 1053 PG 0256
°Me In RONAN ^ Dec 3 20M gP 1121.0 AN
bg Bebbi rL E ft o
(05P—bt3 oPAGEs
SUNSET POINTE AT HIGH ROCK LAKE
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
J
Ag !o /

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Topographical contours (Source: arcgis.com)
r<7
O
0 100 200m
S-.;,e Ci %or.- C3,C! DOT, Eri Ez=-

s, ti
xs
Field 7 P
Field 6 ram" y
Field 8 Wet Weather
MW-1 +ice Storage Pond
Field 4
Field 9 Field 3 T4)+
Field 5 Field 2 Field 1 '� �•: ti
• Field 10 • { NeW
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Field 11
Field 12
Field 14
Field 13
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ft

BK 1053 PG 0256.002
TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
ARTICLE II
PROPERTY
ARTICLE III
DECLARATION
ARTICLE IV
COMMON AREA
ARTICLE V
PROPERTY OWNER'S ASSOCIATION
ARTICLE VI
VOTING
ARTICLE VII
ASSESSMENTS
ARTICLE VIII
ARCHITECTURAL REVIEW COMMITTEE
ARTICLE IX
REVIEW PROCEDURES
ARTICLE X
IMPROVEMENTS, USES AND RESTRICTIONS
ARTICLE XI
ENVIRONMENTAL HYGIENE
ARTICLE XII
DURATION, MODIFICATION AND TERMINATION
ARTICLE XIII
ENFORCEMENT
ARTICLE XIV
DECLARANTS RETAINED RIGHTS AND SEPTIC EASMENTS
ARTICLE XV
PARTIAL TAKING
ARTICLE XVI
GENERAL
6
4
2

BK 1053 PG 0256.003
STATE OF NORTH CAROLINA
SUNSET POINTE AT HIGH ROCK LAKE
COUNTY OF ROWAN DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICITONS made this
30's day of November 2005, by HIGH ROCK DEVELOPMENT COMPANY, LLC. which is
seized of the fee simple estate in that real property located in Rowan County, North Carolina
described in the following Article II, Section I;
WITNESSETH THAT
In order to (1) create a restricted, structured and high quality residential environment; (2) provide
for high quality design of homes, site arrangements, and amenities; (3) assure a satisfactory
integration of the Subdivision into the surrounding area; (4) enhance general development within
the Subdivision; (5) enhance the value, marketability, and quality of all property within the
Subdivision; (6) prevent construction of inappropriate Improvements; (7) provide for compliance
with Applicable Laws concerning zoning, construction, safety, the public welfare and
environment; (8) provide for an association of property owners within the Subdivision (which will
own and maintain Common Area including Private Roads); and (9) provide the owners of Lots
with the best possible value for their investment and to protect that investment; HIGH ROCK
DEVELOPMENT COMPANY, LLC ., does hereby, for the use and benefit of itself and its
successors and assigns, DECLARE, RESERVE AND IMPOSE upon the property described in
the following Article 11, Section I, the following conditions, covenants, reservations, easements
and restrictions., and
WHEREAS THESE COVENANTS, CONDITIONS AND RESTRICTIONS replace
and supercede the document recorded in Deed Book 1052, Page 593, Rowan County Registry.
ARTICLE I
Definitions
Words or phrases defined in this Article I shall be interpreted in accordance with that defined
meaning whenever those words or phrases are used in this Declaration.
0

BK 1053 PG 0256.004
(a) Additional Property — Any real property subjected to this Declaration in addition to that
165 acres (approximately) described in Article II, Section I. The procedure for adding
Additional Property is described in Article II, Section 3.
(b) Amenity Area — Any area within the Property which Declarant may hereafter designate as
Common Area for the purpose of erecting, at Declarant's cost, facilities or amenities for the
common use of Owners, Occupants, and their invitees and guests. Such facilities may
include play areas, dry boat parking, open areas and the like.
(c) Applicable Laws — All enforceable laws, regulations and ordinances effective in the
County of Rowan, the State of North Carolina, and the United States of America including
all zoning regulations as well as sign, street, tree and floodway ordinances; land use, High
Rock Lake watershed development, environmental resources, and hazardous materials
laws; and such other laws of all appropriate jurisdictions as may affect the Subdivision.
(d) Architectural and Site Guidelines — Those rules, regulations and guidelines promulgated
from time to time by the Architectural Review Committee pursuant to the power set forth
in Article VIII, Section 3. All Architectural and Site Guidelines, whenever promulgated
shall have the same force and effect as if they were originally set forth in this Declaration
as Restrictions.
(e) Association — Sunset Pointe at High Rock Lake Home Owners Association, Inc., a North
Carolina not -for -profit corporation which has been formed by Declarant, and managed by
Sunset Pointe Management, LLC
(f) Buffer Area — That portion of any Lot within One Hundred feet (100') of. [i] the 655'
contour line of High Rock Lake as defined by Yadkin, Inc. or its successors from time to
time; or (ii) the land -ward side of any rip rap or other shore stabilization improvements
installed in accordance with Applicable Laws and the approval of Yakin, Inc. or its
successors. This is a protected zone subject to strict limitations upon development, clearing
and use as stated herein and in Applicable Laws.
(g) Bylaws — Bylaws shall mean the Bylaws for the Association adopted by the initial Board of
Directors of the Association
(h) Committee — The Architectural Review Committee established pursuant to Article VIII.
(i) Common Area or Common Areas — Common Area or Common Areas shall mean any
Amenity Area, Entrance Monument, General Monuments as described in Article XIV,
Section 5, Private Roads and any other property designated on the Map as "Common
Area", "Common Open Space", "COS", "Septic Easement for Lot 0", or like designation,
and any other property designated as Common Area in this Declaration, and amendment or
supplement, hereto or deed from the Declarant (the preceding listing and description of
possible components of the Common Area is illustrative only). Both before and after
those dates when Declarant conveys Common Area to the Association,'all Common Areas
shall be maintained by Sunset Pointe Management (subject to the rights of the Declarant
W9

BK 1053 PG 0256.005
provided for in this Declaration) for the common use, benefit and enjoyment of the
Owners, or of only certain Owners to the exclusion of other Owners, as designated in this
Declaration. The Declarant reserves the right, but not the obligation, to provide additional
Common Areas within the Subdivision. Lots owned by Declarant may be converted to
additional Common Areas within the Subdivision. Lots owned by Declarant may be
converted to Common Areas at Declarant's election by Filing of an amended Map
indicating such conversion or the conveyance of the Lot to the Association by deed reciting
that the Lot is thereby made Common Area. The term "Common Area" as used in this
Declaration includes all real estate that would be defined as "common elements" in the
Planned Community Act at the time this Declaration is filed.
Q) Declarant — HIGH ROCK DEVELOPMENT COMPANY, LLC. or an assignee of the
powers granted herein to Sunset Pointe Management, LLC.
(k) Declaration — This Declaration of Covenants, Conditions and Restrictions (and any future
amendments or supplements) as executed by the Declarant and Filed.
(1) Entrance Monument — Entrance Monument shall mean and refer to any monument and
entrance sign located thereon, together with lighting, irrigation system, landscaping and
other improvements, which may be constructed as an entryway for the Subdivision.
(m) File — Recording in the Office of the Register of Deeds for Rowan County, North Carolina.
(n) Half Story — means a story, which contains fifty percent (50%) or less heated Living Area
than the story in the house containing the most Heated Living Area.
(o) Heated Living Area — as applied to a residential dwelling, excludes:
Basement areas (defined as any level in which at least one perimeter wall is below,
or partially below, grade), unless such basement areas have two or more perimeter
walls above surrounding grade, and such basement areas are fully heated and air-
conditioned and have interiors finished to a quality equal to the above grade levels
of the dwelling;
Vaulted ceilings areas;
Attics;
Unheated porches;
Attached garages;
Porte-cocheres;
Unheated storage areas;
Decks; and
Patios.
(p) Improvements — All buildings, underground installations, roads, driveways, parking areas,
fences, screens, retaining walls, stairs, decks, windbreaks, plantings (excluding ground
covers, grass, flower beds, and shrubbery with expected height at maturity of less than
a,

BK 1053 PG 0256.006
three feet), poles, signs, piers, docks, cuts and fills, and all other structures or landscaping
improvements of every variety and nature.
(r) Interior Lots — Interior Lots shall mean those lots in the Subdivision, if any, which are not
Waterfront Lots.
(r) Lot — Lot or Lots shall mean the separately numbered, single-family lots depicted on the
Map, including all Waterfront Lots and Interior Lots, but not including any Common
Areas.
(s) Map — Map shall mean (i) the plats of Sunset Pointe at High Rock Lake Filed in Book of
Maps, Book number 9995 at Page 5598, Sheets 1-6, in the Office of the Rowan County
Register of Deeds, North Carolina; (ii) any Filed plats of other portions of the Property
described in Article II, Section 1, for the purpose of subdividing those lands into Lots,
dedicating roadways or Common Area, or any other purpose; (ni) any Filed plats of
Additional Property subjected to this Declaration, and (iv) any revisions of such Filed map
or maps.
(t) Mortgage — Any deed of mist, security interest, lien or other encumbrance resulting from a
monetary obligation of an Owner or other party in interest, which attaches to any Lot and is
perfected or Filed.
(u) Occupant — Any party, whether or not an Owner, who is regularly present upon a Lot
pursuant to either express or implied license or right.
(v) Offsite Septic Lot — Offsite Septic Lot shall mean any Lot, designated as such on the Map,
which shall have the right to utilize all or a portion of the Septic Easement Areas for its
Septic System.
(w) Outbuilding. A storage building, workshop, utility building, greenhouse or any similar
buildings WHICH ARE SPECIFICALLY APPROVED BY THE COMMITTEE for
construction upon any Lot. The Committee may exercise its discretion and may withhold
approval of any such proposed structure which is not in keeping with the standard of
construction and appearance of Sunset Pointe at High Rock Lake
(x) Owner — Any person or entity other than Declarant who holds the fee simple title to any
Lot individually or as a co-owner. The Declarant is not deemed an "Owner".
(y) Parking Area — Parking Area Shall mean any parking lot, which may be constructed for the
common use, benefit and enjoyment of some or all Owners, 'their families, guests and
invitees.
(z) Planned Community Act — The North Carolina Planned Community Act, North Carolina
General Statutes Chapter 47E, as amended hereafter, and any successor Statute which is
enacted to amend or replace Chapter 47E.
0

BK 1053 PG 0256.007
(aa) Private Road(s) — Private Road(s) shall mean any roads or streets constructed by Declarant.
The phrase "Private Roads" shall not include any common driveways, which are employed
solely for the use of a limited number of lots pursuant to a driveway easement and
maintenance agreement whether such agreement is set forth in this Declaration or in a
separate instrument.
(bb) Property — All that real estate described in Article II, Section I, plus such other real estate
which may be additionally made subject to this Declaration as provided in Article II,
Section 3.
(cc) Rear Setback —The Setback Distance from a rear (opposite the street side) boundary line of
a Lot, which shall be at least 100' on all Lots with the additional limitation that the Rear
Setback shall be 100ft from the 655 contour line of High Rock Lake.
(dd) Setback Distance — The distance between either a Lot boundary, line or the edge of a
Private Road or public roadway right of way, to a line within the Lot and parallel to the
boundary line or the right of way, and within which distance no buildings, as more
specifically described in Article X, Section 5, are permitted. Setback distances shall be the
larger of the setbacks (rear, side, street or waterfront) defined in this Declaration, or as
noted on the Map for any specific Lot.
(ee) Septic Easement — The easement burdening the Septic Easement Areas for the benefit of an
Offsite Septic Lot. Said easement permits the Offsite Septic Lot to install a Septic System
and to discharge effluent from that Septic System into a drainage field within the
appurtenant Septic Easement Area.
(ff) Septic Easement Area — Septic Easement Area shall mean those areas burdened by the
Septic Easements as reserved and declared herein or which are identified on the Map as a
"Septic Easement ", "COS Septic", or similar identifying nomenclature.
(gg) Septic System — Septic System shall mean any and all piping, lines, pumps, equipment or
other systems used to transport sewage from the offshe Septic Lots to the Septic Easement
Areas, including any drainage field and equipment actually installed within the Septic
Easement Areas.
(hh) Side Setback — The Setback Distance from a side boundary line of a Lot, which shall be not
less than 10 feet.
(ii) Story — shall mean a finished horizontal division of Heated Living Area in a dwelling
extending from the floor of such division to the ceiling above it.
(jj) Street Setback — The Setback Distance from the edge of a street right of way (whether a
public right of way or Private Road), which shall not be less than 30'.
(kk) Subdivision — All property described in Article II, Section 1, any Additional Property
added and made subject to this Declaration as provided in Article II, Section 3, and such
7

BK 1053 PG 0256.008
residential lots, streets, Amenities, and Improvements as shall come to be constructed
therein, also know as "Sunset Pointe at High Rock Lake".
(11) Utilities — Those lines and services in the nature of electric, telephone, cats, water, sewer,
and natural gas which may be laid or distributed throughout the Subdivision.
(mm) Waterfront Lot — Waterfront Lot shall mean any Lot having at Least 100' of shoreline on
High Rock Lake at the 655' elevation line.
ARTICLE H
Property
Section 1. Description. The real property initially subjected to this Declaration is shown on the
Map recorded in Book of Maps 9995, at Page 5598, Sheets 1-6, in the Office of the Register of
Deeds for Rowan County, and those areas labeled as "Common Open Space".
Section 2. Subdivision Name. The property, the homes constructed therein and the amenities and
infrastructure of the Subdivision shall henceforth, collectively, be known as "Sunset Pointe at High
Rock Lake".
Section 3. Additions. At any time hereafter, Declarant may add additional real estate to the
Property, which additional real estate shall be subject to this Declaration upon the Filing of
amended or supplementary declarations. Upon the Filing of such amended or supplementary
declaration, the real estate added to the Property shall be subject to and entitled to the benefit of
this Declaration and all terms of the subsequent supplementary or amended declarations.
Section 4. Form of Amendment. Each amendment or supplementary declaration as referred to
immediately above shall contain the following provisions:
(a) Reference to this Declaration and the date, book and page of its Filing in Rowan
County, North Carolina;
(b) A precise legal description of the additional real estate (if any);
(c) Language subjecting the additional real estate (if any) to this Declaration and its
subsequent amendments or supplementary declarations; and
(d) Such other covenants, restrictions or easements as Declarant shall, in its discretion,
additionally impose upon the subject real estate.
Section S. Adjacent Property Not Specifically Described. From time to time, Declarant, its
predecessors or successors, may hold title or other interests in real estate adjacent to the Property.
Unless such adjacent property is specifically described or included in Article II, Section 1 or the
legal description of future supplementary or amended declarations, such adjacent real estate shall
not be deemed a part of the Property or the Subdivision.

BK 1053 PG 0256.009
ARTICLE III
Declaration
The Property shall hereafter be held, sold, leased, transferred, conveyed and encumbered subject to
the herein contained covenants, conditions, restrictions, reservations, and easements which: (1) are
made for the direct, mutual and reciprocal benefit of each and every portion of the Property and
shall create mutual, equitable servitudes upon each part of the Property in favor of every other part
of the Property; (2) create reciprocal rights and obligations between the respective Owners and
privity of estate between all grantees of portions of the Property, their successors and assigns; (3)
shall operate as covenants running with the land; and (4) shall inure to the benefit of Declarant and
each Owner. By acceptance of any deed conveying title to a portions of the Property, execution of
a contract of purchase or acceptance of a lease or license concerning any portion of the Property or
by taking possession of any portion of the Property; whether from Declarant or a subsequent owner
or lessee, any future owner, lessee, licensee or occupant shall accept such deed, contract, lease,
license or possession upon and subject to each and all of the covenants, conditions, restrictions,
reservations and easements set forth herein. Each person or entity who hereafter owns or acquires
any right, title or interest in or to any portion of the Property shall be conclusively deemed to have
consented and agreed to the covenants, conditions, restrictions, reservations and easements set
forth herein, and in all future supplementary or amended Declarations, whether or not any
reference thereto is contained in the instrument by which such person or entity acquires an interest
in the Property.
ARTICLE IV
Common Area
Section 1. Ownership of Common Areas. Declarant shall, not later than the date when 85% of
all Lots have been sold to Owners, convey to the Association by Special Warranty Deed any
Common Areas, which are to be owned and maintained by the Associations. The Declarant
reserves the right to construct: (i) Parking Areas (ii) one or more Entrance Monuments to be
located within the Subdivision; (iii) Private Roads; (iv) Septic Systems; (v) one or more Amenity
Areas for the use and enjoyment of the Owners who are entitled to the use of such Common Areas
as provided in this Declaration. So long as Declarant holds fee simple title to any portion of the
Common Area, the Declarant may subject that portion of the Common Area to a Septic Easement
by Filing a revision to the map identifying such Septic Easement Area. In addition to Septic
Easements, Common Areas may be used for burial of stumps (but not within Septic Easement
Areas) by Declarant during initial construction of the Subdivision provided such use is
accomplished in compliance with the Rowan County Solid Waste Ordinance and other Applicable
Laws. All Common Areas shall remain private property and shall not be dedicated to the use and
enjoyment of the general public.
Section 2. Owner's Rights to Use and Enjoy Common Areas. Each Owner shall have the non-
exclusive easement and right to use and enjoy the Common Areas, and such right shall be
appurtenant to an conveyed with title to such Owner's Lot, subject to the following:
a

BK 1053 PG 0256.010
(a) The Association shall have the right to promulgate and enforce reasonable rules and
regulations to insure reasonable availability of the right to use the Common Areas
to the Owners and the safety of Owners on the Common Area;
(b) The Association shall have the right to suspend the voting rights of an Owner in the
Association and the right of the Association to suspend the right to use certain or all
of the Common Areas by an Owner for any period during which any assessment
against the Owner's Lot remains unpaid, and for a period not to exceed sixty (60)
days for any infraction of its published rules and regulations;
(c) The Declarant or the Association shall have the right to grant utility, drainage,
septic and other easements across the Common Areas; and
(d) The right of the Declarant or the Association to restrict the use of certain Common
Areas to specific designated Owners as described in this Declaration.
Section 3. Delegation of Use. Any Owner may delegate, subject to the rules promulgated by the
Association, the Owner's right of enjoyment to certain Common Areas and facilities located
thereon to the members of the Owner's family, guests or invitees.
Section 4. Rights in the Private Roads. When Private Roads are constructed within the
Subdivision each Owner, the Declarant, the Association, and their successors and assigns, are
hereby granted the perpetual, non-exclusive right to use the Private Roads for the purpose of
pedestrian and vehicular access, ingress, egress and regress to and from each Lot and the Common
Areas, and for the installation and maintenance of drainage facilities and other utilities facilities to
serve the Lots. Although not planned at this time, the private easements granted herein shall
terminate at such time as any Private Roads are accepted for maintenance by state or municipal
authorities, at which time, the Private Roads shall become publicly maintained roads which shall
no longer be maintained by the Association. Declarant or the Association may, without notice,
remove any obstructions of any nature located within the Private Roads (including but not limited
to building materials, trees, shrubs, and mailboxes), which, in the opinion of the Declarant or
association, create a safety hazard.
Section 5. Prohibited Activities in Common Areas or entire Subdivision. Common Area shall
not be used for off -road motorized vehicles including motorcycles, "four -wheelers", ATV's, or the
like. No hunting or trapping of any wild life, including but not limited to, ducks, geese, other
birds, small game, or deer shall be permitted within the Common Area
The Association shall have authority to create and implement reasonable rules from time to time
concerning the use and enjoyment of all Common Areas.
ARTICLE V
Property Owner's Association
Section 1. Membership. The Declarant and every Owner shall be a Member of the Association.
Membership is appurtenant to the ownership of each Lot and is only available to the Declarant and
Id 10,

BK 1053 PG 0256.011
Owners. Membership shall be extinguished upon the complete transfer of all Property held by any
Member.
Section 2. Classes of Membership.
(a) Owners Class Membership. The Owners Class Members shall consist of all
Owners.
(b) Founders Class Membership. The Declarant or its successor or assign only, shall be
the sole Founders Class Member. The Founders Class Membership shall terminate
at such time as Declarant has conveyed all of its interest in the Property (including
any Additional Property).
Section 3. Duties. The Association will maintain in its files up-to-date copies of its
organizational documents, the Declaration, rules concerning use of the Common Areas, financial
records, records of the current ownership of the Lots, and such other documentation and records as
are necessary for its management and oversight functions or as required by the Planned
Community Act. All documentation maintained by the Association shall be available to the
Owners for inspection during Association business hours upon reasonable notice. The Association
may employ an individual or business entity to act as managing agent. The length of engagement
and the compensation to be paid to such managing agent shall be determined by the Founder;
Class Members of the Association.
Beginning on a date selected by the Association which shall not be earlier than January 10 2006,
(the "Assessment Start Date'l the Association may begin collection of annual assessments from
each Owner for maintenance of any Common Areas and all other permissible purposes.
Prior to the Assessment Start Date, the Common Areas shall be maintained by the Declarant, but
after such date, the Common Areas shall be maintained by the Association, except that Declarant
reserves the right, at Declarant's discretion, to repair or maintain any portion of the Common
Areas which Declarant, in good faith, determines is not maintained to acceptable standards and
shall be reimbursed for such maintenance by the Association (but see Article VII, Section 9).
Maintenance of Common Areas, which shall be the duty of the Association, includes (by way of
example) the following:
(a) Maintenance of any Entrance Monument, including irrigation, plantings of both
permanent and seasonal nature, lighting, mowing, weeding, other landscaping,
utility charges for irrigation and lighting, maintenance of signage;
(b) Liability insurance shall be maintained upon all portions of the Common Areas,
with such companies and in such coverage amounts as the Founder Class Members
may deem appropriate; and
(c) The Common Areas, including any Private Roads, open areas, playgrounds and
Amenities (if any), shall be kept in a clean and orderly condition, grass neatly

BK 1053 PG 0256.012
mowed and otherwise landscaped with appropriate irrigation. Utility bills for
lighting and irrigation and the cost of maintenance and repair of any pathways,
facilities, and the like, shall be appropriate expenditures for the Association.
The Association is charged with the duty to establish and maintain adequate reserve funds for
periodic repair, reconstruction or replacement of portions of the Common Area which may occur
on an irregular basis.
ARTICLE VI
Voting
Section 1. Owners Class. The Owners of each Lot, Patio Home or Condominium shall be
entitled to one (1) vote for that Lot, Home or Condominium. The vote for any one Lot owned by
more than one person or entity shall be exercised as they among themselves shall determine, but in
no event shall the vote or votes with respect to any jointly owned Lot be split or cast separately.
Section 2. Founders Class. The Declarant shall be entitled to four (4) votes for each Lot owned
by the Declarant.
Section 3. Actions. Special Assessments may only be assessed upon receiving seventy-five
percent (75%) of a vote.
Section 4. Period of Declarant Control. For a period ending not earlier than one year following
the recordation of this Declaration, and for so long as the Declarant owns at least ten (10) Lots in
the Subdivision, the Declarant shall have the exclusive authority to designate, appoint and remove
all members of the Association's Board of Directors and Officers. To the fullest extent permitted
by the Planned Community Act, no Director or Officer appointed by the Declarant shall be
removed by the Members or Board of Directors. The time period during which the Declarant
holds the exclusive authority to appoint and remove members of the Board of Directors and
Officers may be referred to in this Declaration and the Associations Bylaws as the "Period of
Declarant Control".
ARTICLE VII
Assessments
Section 1. Creation of Lien and Personal Obligation of Assessments. Each Owner shall, by
acceptance of a conveyance of a Lot, whether or not it is so expressed in any conveyance, be
deemed to covenant and agree to all the terms and provisions of this Declaration specifically
including the duty to pay the Association both Annual and Special Assessments ("Annual
Assessments" and "Special Assessments") and charges as hereinafter provided. The Annual and
Special Assessments and charges, together with such interest thereon and costs of collection as are
hereinafter provided, shall be a charge and continuing lien upon the Lot against which assessment
is made as of the effective date of said assessment. Each assessment, together with interest thereon
and any costs of collection, shall also be the personal obligation of the person or entity who was
Owner of such Lot at the time when the assessment became due. In the case of co -ownership of a

BK 1053 PG 0256.013
Lot, all of such co -owners shall be jointly and severally liable for the entire amount of any
assessment.
Section 2. Purpose of Annual Assessments. The Annual Assessments levied by the Association
shall be used for the improvement, maintenance, operation, repair, replacement of and additions to
the Common Area, including, but not limited to, the payment of taxes and insurance thereon, the
payment of utility charges related thereto (including water for any sprinkler or irrigation systems),
maintaining, operating and improving (but not initial construction) of Private Roads and other
Common Area facilities and amenities, collection and disposal of garbage, rubbish and the like,
employing security service, maintenance personnel and for the cost of labor, equipment, materials,
and the management and supervision thereof Declarant may employ a related entity or entities to
manage the maintenance operation and repair of the Common Area. In addition, the Association
may use Annual Assessments for the purpose of doing other things necessary or desirable, in the
discretion of the Association, to keep Common Area facilities and amenities in neat and good
order, to provide for the health, welfare and safety of the Owners and Occupants of the Property
(including payment of fees to a management company to assist in the affairs of the Association), to
advance or maintain the general appearance and function of the Subdivision, and to carry out the
goals described in the preliminary statement of this Declaration.
Without limiting the general statements set forth in the immediately preceding paragraph, Annual
Assessments shall specifically be used as follows:
(a) To repair, maintain, reconstruct (when necessary), keep clean and free from debris,
the Common Areas (see Article V, Section 3 concerning Common Area
Maintenance) and any amenities and Improvements located thereon, including but
not limited to the Private Roads, Entrance Monument and Septic Easement Areas,
and to maintain the landscaping thereon in accordance with the highest standards
for private parks, including any necessary removal or replacement of landscaping;
(b) To maintain and repair the road shoulder and drainage facilities of any public
roadways within or adjoining the Subdivision to the standards of maintenance (if
one is ascertainable) required by the North Carolina Department of Transportation
or to such standards as are deemed appropriate by the Association. (see easement
reserved in Article )UV, Section 5).
(c) To pay all costs (except initial construction and installation during the Period of
Declarant Control), associated with any street lights, Entrance Monument, or
similar Common Area amenities, including but not limited to, lease payments and
utility costs;
(d) To pay all ad valorem taxes levied against the Common Areas and any other
property owned by the Association;
(e) To pay the premiums on all insurance carried by the Association pursuant hereto or
pursuant to the Bylaws;
/aF 13

BK 1053 PG 0256.014
(f) To pay all legal, accounting, and other professional fees incurred by the Association
in carrying out its duties as set forth herein or in the Bylaws; and
(g) To maintain contingency reserves as to the amounts described in the subsection (a)
and (b) above for the purposes set forth in this Section 2 in amounts determined by
the Board of Directors of the Association.
(h) Operating expenses, maintenance and repair of the drip septic offshe system, and all
supply lines to the system, are covered by this assessment.
By acceptance of any conveyance of any Lot, each Owner acknowledges that neither the precise
location, acreage or dimensions of the Common Area, nor the type of amenities, Improvements
and structures to be located within the Common Area (if any) will be specifically defined until
such are conveyed to the Association.
Section 3. Maximum Annual Assessment. The initial maximum Annual Assessment shall be
Eight Hundred Ninety Five dollars ($895.00) for each Lot, with fraction of the calendar year to be
computed and prorated equitably. For each calendar year after the initial year, the maximum
Annual Assessment may be increased by the Association at the rate of up to fifteen percent (15%)
of the prior year's assessment. In the event the Annual Assessment is not increased by the
maximum amount permitted during any calendar years, the difference between any actual increase
and the maximum permitted increase for such years shall be computed, and the Annual
Assessment may be increased by that amount in the future year, in addition to the maximum
increase otherwise permitted. The fifteen percent (15%) limit on annual increases may be
increased for one or more years, but only by a vote of no less than two-thirds (2/3) of the Owners
Class Members and with the approval of the Declarant.
Section 4. Supplemental Annual Assessment. -In the event the Association fixes the Annual
Assessment in an amount less than the permitted maximum Annual Assessment, the Association
shall have the right to later increase (the increase being a "Supplemental Annual Assessment") the
total Annual Assessment for such calendar year if the Board of Directors determines that the
required duties and functions of the Association cannot be funded by the originally determined
Annual Assessment. The Association shall set the due date for such Supplemental Annual
Assessment which shall not be less than 45 days following after the mailing of notices to the
Owners of such Supplemental Annual Assessment. The original Annual Assessment and the
Supplemental Annual Assessment shall not, under any circumstance, exceed the permitted
maximum Annual Assessment for the subject calendar year.
Section 5. Special Assessments. In addition to the Annual Assessments hereinabove authorized,
the Association may levy Special Assessments ("Special Assessments') for the purpose of
defraying, in whole or in part: [i] the cost of any reconstruction, unexpected repair or replacement
of the Common Area, including the Private Roads; [ii] the cost of legal defense of the Association
or its agents (specifically including any management company); or [iii] any lawful purpose
permitted under the Planned Community Act.
/� 14

BK 1053 PG 0256.015
Section 6. Surplus Funds. During the Period of Declarant Control, to the fullest extent permitted
by the Planned Community Act, the Association shall have no obligation to reimburse any surplus
funds to Owners, provided such funds must be retained for future use by the Association.
Section 7. Declarant Obligation to Pay Assessments. The assessments, special assessments,
charges and liens provided for by this Declaration shall not apply to the Common Property or any
Lot or other property owned by the Declarant including assessments accrued as to any Lots to
which Declarant obtains title by deed in lieu of foreclosure, or by foreclosure.
Section 8. Commencement. Assessments shall commence on the date fixed by the Association,
as the Assessment Start Date or upon the purchase of a Lot from the Declarant, whichever later
occurs. Assessments shall be billed on a calendar year basis with appropriate prorations.
Section 9. Due Date. Unless otherwise provided herein assessments shall be due and payable in
full within 30 days after they are billed to an Owner.
Section 10. Effect of Non -Payment of Assessments. If any assessment is not paid on the date
when due, then such assessment shall be delinquent and shall accrue interest thereon at the "prime
rate" of interest announced from time to time by The Wall Street Journal plus two percent (2%)
per annum (such rate to change from time to time as The Wall Street Journal prime rate changes)
never to exceed a maximum of 18% per annum, unless a lesser rate is required under Applicable
Law in which event interest will accrue at the maximum required lesser rate. If such an
assessment is not paid within ten (10) days after the due date, then the Association may bring an
action at law against the Owner directly and/or foreclose the lien against the Lot, and there shall be
added to the amount of such assessments all reasonable attorneys' fees and costs incurred by the
Association in such action, and in the event a judgment is obtained, such judgment shall include
interest on the Assessments as indicated above.
Section 11. Contribution by Declarant. Declarant agrees to contribute to the Association such
funds as may be required to maintain the Common Area, to the extent that the maximum Annual
Assessments are insufficient to pay the cost thereof, through the Calendar year 2005.
Section 12. Assessment Rate. General Annual Assessments, Supplemental Annual Assessments
and Special Assessments must be fixed at a uniform rate for all Owners' Lots.
Section 13. Rigbt to Borrow. The Association shall have the right and authority to borrow funds,
evidenced by one or more promissory notes, for [i] payment of Common Area maintenance
subsequent to January 1, 2006, but prior to the time that assessments will cover the reasonable cost
of such, and [ii] to pay the costs incurred in adding to recreational facilities or Amenities. Such
loans shall be at such interest rates and upon such repayment terms as the Board of Directors (see
the Association Bylaws) approves, provided the Association at a called -meeting may grant
authorization that limits the authority of the Board in these matters. The Board is specifically
authorized to borrow from the Declarant for payment of Common Area maintenance.
/5

13K 1053 PG 0256.016
ARTICLE VIII
Architectural Review Committee
Section 1. Membership. There is hereby established an Architectural Review Committee whose
members will be appointed by the Declarant. The Committee will consist of three (3) members.
One of the members must be selected from the following groups: licensed architects, engineers,
landscape architects and persons with building construction experience. The second and third
members need not have any specific professional certification and may be representatives of the
Declarant. Declarant will select the initial membership of the Committee. In the event of future
vacancies upon the committee, Declarant shall appoint successor members. Declarant may also
appoint members to terms of limited duration or replace any or all members at intervals. By
written notice to the Association, Declarant may delegate its power to appoint members of the
Committee to the Association. The power to appoint members of the Committee shall
automatically be transferred to the Association immediately following the Period of Declarant
Control.
Section 2. Duties and Powers. The Committee shall (1) review and act upon proposals and plans
submitted to it by Owner; pursuant to the terms of this Declaration, (2) adopt Architectural and
Site Guidelines, and (3) perform all other duties delegated to and imposed upon it by this
Declaration.
Section 3. Architectural and Site Guidelines. The Committee may promulgate certain Hiles,
guidelines and statements of policy which will be know as the "Architectural and Site Guidelines."
At all times, the Committee shall maintain copies of the most recently adopted Architectural and
Site Guidelines in writing so that copies are available, upon request, to all Owners. Said
Guidelines may interpret and implement the provisions of this Declaration by detailing the
standards and procedures for review, guidelines for building and site design, landscaping, lighting,
parking, exterior materials which may be used, or are required, within the Subdivision. Such
guidelines may be interpretations and expansions of, but not in contradiction to, the terms of this
Declaration.
Any Architectural and Site Guidelines as well as all such riles, guidelines and statements of policy
as may be approved and adopted, from time to time, by the Committee as Architectural and Site
Guidelines shall be deemed incorporated as a part of this Declaration.
Section 4. Right of Inspection. Members and agents of the Architectural Review Committee,
and the Declarant and its agents may, at any reasonable and safe time enter upon the Lot of any
Owner for the purpose of inspecting the Improvements and site development and their compliance
with the Architectural and Site Guidelines.
Section 5. Variances. The Committee is hereby authorized and empowered to grant reasonable
variances from the provisions of this Declaration or the Architectural and Site Guidelines in order
to overcome specific development problems or hardship caused by strict application of the
provisions of either this Declaration or the Architectural and Site Guideline. Such variances,
however, must not materially injure any of the Property, amenities or Improvements in the
Subdivision and must be made in furtherance of the spirit and purpose of this Declaration. The

BK 1063 PG 0256.017
committee is specifically empowered to, at its sole discretion, grant variances of setback
requirements up to ten percent(10%) of the total Setback Distance required. The Committee will
not, however, grant any variance for setbacks less than those required by applicable zoning
ordinances unless the Owner also obtains a variance from the appropriate governmental authority
empowered to grant such variances.
Section 6. Limitation of Scope of Approval. Approval by the Committee of any Improvement
or use for a designated Lot shall not be a waiver of the Committee's right to reject a similar or
identical Improvement or use upon another Lot (or the same Lot at another time) if such
Improvement or use is of a mature that it may be rejected under the terms of this Declaration or the
Architectural and Site Guidelines. Similarly, in light of the purpose of this Declaration, approval
by the Committee of any specific set of plans does not bind the Committee to approve an identical
set of plans submitted at another time.
Section 7. Exoneration of Architectural Review Committee. The Committee shall not be
subjected to liability to any Owner or any other party by reason of its failure to enforce any
covenant, condition or restriction stated herein. Neither the Committee, nor any member thereof
shall be liable for any damage, loss or prejudice suffered or claimed by any person on account of
the approval or disapproval of any preliminary plans, plans, drawings or .specifications,
construction or performance of any work or the development of any Property within the
Subdivision.
ARTICLE IX
Review Procedures
Section 1. Meeting. The Committee may meet informally, by meeting, telephone, written
communication, facsimile transmissions or such other means as the members may agree upon and
as may be sufficient to conscientiously, and fully, perform its duties.
Section 2. Materials to be Submitted for Site Plan Approval. Before initiating any
construction, alteration of existing Improvements, grading or any site or structural work upon any
Lot, the Owner must first submit construction, site and landscape plans plus such other materials as
the Committee may request. At a minimum, the plans shall show in detail:
(a) The grading work to be performed on the Lot;
(b) The nature, materials and location ofall Improvements including buildings, paving,
significant plantings and screening;
(c) Setback Distances; and
(d) The location of Improvements on adjoining Lots.
The plans shall provide specific detailed information concerning (1) landscaping for the Lot, (2)
exterior lighting and (3) a building elevation plan showing dimensions, materials and exterior color
scheme.
/-*/*J 17

BK 1053 PG 0258.018
Section 3. Filing Fee. In order to defray the expense of the Committee, the Committee may
require a reasonable fee for review of plans. The initial filing fee shall be Three Hundred Dollars
($300.00). The filing fee may only be increased to defray actual out-of-pocket costs to the
Declarant, such as attendance fees or travel reimbursements to the Committee Members, and in no
event may the fee exceed Four Hundred Dollars ($400.00).
Section 4. Approval Criteria. The Committee shall have the right to disapprove plans,
specifications or details submitted to it for any of the following reasons:
(a) The submission fails to comply with the terms of this Declaration or the
Architectural and Site Guidelines (including payment of the review fee);
(b) Insufficient information or failure to provide detail reasonably requested by the
Committee;
(c) The submission fails to comply with the appropriate zoning ordinance or other
Applicable Laws that may be in effect from time to time;
(d) Objection to the grading plan for any portion of the Lot;
(e) Objection to the color scheme, finish, proportions, style, height, bulk or
appropriateness of any structures; or
Section 5. Time for Review. Upon submission of al detail reasonably requested by the
Committee (received in the office of Declarant or other office as designated by Declarant), the
submitting Owner shall receive, in writing, the decision of the Committee within (30) business
days. Failure of the Committee to render a written decision within thirty (30) business days shall
be deemed approval of the submission.
Section 6. Certification of Approval. Upon the request of Owner, the Committee shall confirm
its approval of the Owner's plans by issuing a written certificate describing the specific Lot and
plans which have been approved.
Section 7. Approval is not a Warranty. Approval of the plans submitted by any Owner or other
party to the Committee shall not be construed as a certification or warranty, by either Declarant or
the Committee that (1) the plans meet with any minimum standards of suitability for use, (2) are
acceptable under any Applicable Laws, (3) conform to any other standards of quality or safety or
(4) describe Structures or development which would be safe, prudent or feasible. Neither
Declarant, the Committee, nor any member thereof shall be liable for any damage, loss or
prejudice suffered or claimed by any person on account of the approval or disapproval of any
preliminary plans, plans, drawings or specifications, construction or performance of any work or
the development of any Property within the Subdivision.
/0-011 18

BK 1053 PG 0256.019
Section 8. Commencement of Work. Beginning with the approval of the Committee as
described in this Article IX, the Owner or other parties submitting plans shall, as soon as practical,
satisfy all conditions of the Committee and proceed with all approved work described in the plans
and such other work as may be necessary for improvement of the Lot in accordance with this
Declaration. Commencement of Construction must begin within one hundred eighty (180) days
from the date of such approval or, the approval of the Committee shall lapse. The Committee may
, at its discretion and upon the request of Owner, extend the one hundred eighty (180) day period
for Commencement of Construction in the event that good cause is shown for such extension. For
purposes of this Section 8, the term "Commencement of Construction" shall mean that a licensed
contractor has been employed, necessary construction permits have been obtained, and
construction of grade beams, footers, slabs or the like initial construction steps has started.
Section 9. Completion of Work All Improvements upon the Lot, including alteration,
construction and landscaping shall be completed within twelve (12) months after the
Commencement of Construction upon the Lot. This time period may be extended in the event that
work or completion is rendered impossible due to strikes, fires, national emergencies, force
majeure or other supervening forces beyond the control of Owner, lessee, licensee, Occupant or
their agents. Installation of large items of shrubbery or trees may be delayed beyond the 12 month
completion period in order to plant during the best seasons for such plantings. Installation of sod
and seeding of rear yards shall, however, be completed within the 12 month period. See also
Article X, Section 19.
Section 10. Construction Deposit. Prior to grading or commencement of any construction
activity upon a Lot, an Owner shall deposit with the Dcclarant or the Association (as instructed by
Declarant) the sum of Five Hundred Dollars ($500.00) per Lot. This "Construction Deposit" will
be held until the completion of construction activity upon the Lot. During the construction period,
the Construction Deposit may be applied toward the repair of any damage caused by construction
(e.g. broken curbing, damaged street shoulder or pavement, and the like), street cleaning or storm
water culvert clean out necessitated by silt or grading runoff from the Owner's Lot, or other repairs
or clean-up necessitated by acts of the Owner or his agents.
Section 11. Special Watershed Development Restrictions. The Property shall be subject to the
following special development requirements.
a. No portion of a Lot greater than two thousand (2000) square feet shall be: (i) denuded of
ground cover or top soil, (ii) graded, (iii) excavated or (iv) covered with earth or other
natural or man-made fill material, unless all required building, grading and erosion control
(on Lake Front) permits have been issued by the applicable municipal authorities.
All Denuded, graded, excavated or filled areas upon any Lot shall be stabilized and
replanted on or before: (i) the thirtieth (30th) day following the initial denuding, grading,
excavation, or filling (unless footings and foundations are being installed upon the
disturbed area and construction is being diligently and continuously pursued upon such
area); or (ii) such time as construction is completed or interrupted for a period of thirty (30)
continuous days. In addition to, or in the absence of local or state government regulations
on such land disturbance, none of the activities described in (i) through (iv) in Article IX,

BK 1053 PG 0256.020
Section 11 a, above shall be allowed to commence without compliance with the following
requirements:
The surveying and flagging bf the Buffer Area and any portion of the Buffer Area
that may be disturbed as a reisult of any activities permitted hereunder,
ii. The flagging of all trees in fhe Buffer Area that equal or exceed six (6) inches in
diameter, measured four and one-half feet (4.5') from the base of the tree, as is
reasonably nebessary to prevent the unintentional violation of these restrictions by
parties performing work upon the Lot.
- iii. The proper installation (in accordance with manufacture's instructions) of
construction silt fencing on the lower perimeters of all areas within the lot to be
disturbed, and any other areas which may be impacted by silt runoff from the Lot.
c. Except as expressly permitted by this Declaration, no portion of any Buffer Area may be
disturbed in any, way, including any disturbance or removal of topsoil, trees and other
natural growth. The following activities are permitted within the Buffer Area:
L Trees, which are less than two (2) inches in diameter, may be removed. Any
tree removal shall be performed using hand held gas and electric chain saws and/or
manual handsaws. No other mechanical equipment or vehicles may be used in
removing of any trees.
ii. 50% of underbrush, shrubs, vines and similar plant growth beneath the tree
canopy, may be removed in the 100'SMP buffer area and:
iii. Pruning and trimming of tees is permitted, provided that pruning is limited to
tree branches beginning with the lowest to the ground and extending up the tree
trunk no more than eight (8) feet off the ground. Trimming may also be performed
on any limbs or branches that are diseased or naturally damaged.
iv. The use of rip -rap, bulkheading or other shoreline stabilization methods or
materials may be initiated with the prior written approval by Yadkin, Inc and any
shoreline stabilization shall be performed in compliance with Yadkin's Shoreline
Management Plan which are in effect at the time such stabilization occurs. If
Yadkin, Inc. authorizes Grantee to perform certain shoreline stabilization, then at
all points where shoreline stabilization occurs, the inner boundary line of the Buffer
Area (i.e. the boundary line opposite the Contour Line of the Lake) shall be
adjusted inward (i.e. away from the Contour Line of the Lake) by the same distance
that the stabilization activity extends from the Contour Line of the Lake to into the
Lot.
Owners are reminded that development in the B1igh Rock Lake watershed area is regulated
by state and local laws and ordinances, which.tend to be more restrictive in nature than those
outside the watershed. Owners should pay particular attention to such laws and ordinances
axid 20

BK 1053 PG 0256.021
concerning vegetative buffers between developed areas of a Lot and shoreline which may be
more restrictive than those imposed by this Declaration.
ARTICLE X
Section 1. Land Use, Building Type and Residential Restrictions. All Lots in the Subdivision
shall be used only for Common Area or private residential and recreational purposes. No structure
shall be erected or permitted to remain on any Lot other than one single family residential dwelling
not exceeding 2-1/2 Stories in height and those other structures expressly listed in this Article X.
No mobile home, modular home or shell home may be erected or permitted to remain on any Lot.
No bed and breakfast facility is permitted, on any Lot. No camper, trailer, motor home, boat
(including, without limitation, any boat docked adjacent to the Property), recreational vehicle, or
similar habitable or transportable unit or structure shall be allowed to remain on or adjacent to any
Lot as a place of residence.
A private attached garage (not exceeding three (3] car capacity), fixed piers and floating boat dock
facilities incidental to the residential use of a Waterfront Lot are expressly permitted upon the
condition that they are not rented or used for commercial purposes. No enclosed boathouse,
covered boat slips, or two -level piers are permitted. Piers and docks shall be subject to approval
by Yadkin, Inc. and/or any governmental entity having jurisdiction at the time such Improvements
are made.
Recreational structures, including decking, gazebos, covered patios, playhouses, barbecue pits and
similar structures may be constructed upon a Lot. The total square footage contained within such
structures when combined shall not exceed five hundred (500) square feet in area on any one Lot.
The following activities are prohibited in the. Subdivision:
a. Raising, breeding, or keeping of animals, livestock or poultry of any kind, except that dogs,
cats or other usual and common household pets (which are registered, licensed and inoculated
as required by law — not to exceed four per household) are permitted.
b. Any activity which violates Applicable Laws;
e. Institutional uses, including but not limited to day care centers, churches, temples or shrines,
rest homes, schools, medical care facilities, lodges, inns, beds and breakfasts; and
d. Any business or trade, except that an Owner or Occupant residing on a Lot may conduct
business activities upon that Lot so long as: (i) the existence or operation of the business
activity is not apparent or detectable by sight, sound, or smell from outside the residence; (ii)
the business activity conforms to all zoning requirements; (iii) the business activity does not
involve regular visitation of the Lot by clients, customers, suppliers, or other business invitees;
(iv) the business activity does not involve any service, construction or delivery business in
which a commercial vehicle used in such business would be parked overnight on the Lot, or
for which any material amount of parts, equipment, supplies, raw materials, components,
trailers or tools are stored on the Lot and (v) the business activity is consistent with other

BK 1053 PG 0256.022
residential character of Sunset Pointe at High Rock Lake and does not constitute an
unreasonable disturbance to other O"ers and Occupants, a nuisance, or a hazardous or
offensive use. The foregoing shall = preclude occasional garage sales, moving sales,
rummage sales, or similar activities provided that such activities are not held on a Lot more
than once in any six-month period. The terms "business" and "trade" as used in this
provision, shall be construed to have their ordinary, generally accepted meanings and shall
include, without limitation, any occupation, work, or activity undertaken on an ongoing basis
which involves the provision of goods or services to persons other than the provider's family
and for which the provider receives t fee, compensation or other form of consideration,
regardless of whether: (i) such activity is engaged in full or par -time, (ii) such activity is
intended to or does generate a profit, or (iii) a license is required. The leasing of any Lot for
single-family residential use shall not be considered a business or trade within the meaning of
this subsection.
e. Camping on any unimproved Lot.
Declarant may convert any Lot owned by Declarant to a Common Area designation and use.
Section 2. Dwelling Size. Within Sunset Pointe at High Rock Lake, each single family residential
dwelling shall comply with the following size requirements:
a. One Story dwellings on Water Front Lots shall not contain less than 2,000 square feet of
Heated Living Area and One Story dwellings on Interior Lots shall not contain less than 1,800
square feet of Heated Living Area; Patio Homes shall not contain less than 1200 square feet of
Heated Living Area; Condominium Homes shall not contain less than 1000 square feet of
Heated Living Area
b. One and a Half Story dwellings on Water Front Lots shall not contain less than 2,200 square
feet of Heated Living Area and One and a Half Story dwellings on Interior Lots shall not
contain less than 2,000 square feet of Heated Living Area;
c. Two (or more) Story dwellings on Water Front Lots shall not contain less than 2,400 square
feed of Heated Living Area with at least 1,400 square feet of Heated Living Area on the
ground story. Two (or more) Story dwellings on Interior Lots shall not be less than 2,200
square feet of Heated Living Area with at least 1,400 square feet of Heated Living Area on the
ground Story.
Section 3. Building Construction and Quality. All buildings and outbuildings erected upon any
Lot shall be constructed of new material of good grade, quality and appearance and shall be
constructed in a high quality, workmanlike manner. No building shall be erected unless it is
completely underpinned with a solid brick, or stucco, brick or stone -covered foundation.
The exterior surfaces of all dwellings and accessory structures shall be covered only in brick,
stone, hard stucco (synthetic stucco is not permitted), wood, or siding (no logs or siding with a log
appearance) consisting of wood, composite or cement base material; provided, that any horizontal
siding must be completely back supported to maintain a straight and even outer surface and must
�� 22

BK 1053 PG 0256.023
be fully and properly finished. No Vinyl siding or Vinyl shapes is allowed as a siding material on
any side of the home. Vinyl Soffit is acceptable.
All dwellings shall have roofs (except for dormers, porches and bay windows) of not less than 6 in
12 pitch and not less than 12 in overhang, covered with slate, cedar shakes, terra Gotta tile, copper
sheathing, or architectural fiberglass shingles.
Section 4. Temporary Structures. No residence or building of a temporary nature shall be
erected or allowed to remain on any Lot, except that nothing herein shall prohibit Declarant from
erecting or moving temporary buildings onto the Lots owned by Declarant, to be used for storage
or construction or sales offices.
Section S. Building Setback Lines. No building on any Lot (including any stoops, porches, or
decks, whether attached or unattached) shill be erected or permitted to remain within any Side
Setback, Street Setback, or Rear Setback as defined in this Declaration or as noted on the Map.
Piers and dock facilities area exempt from the Rear Setback Restrictions. In the event any zoning
or subdivision ordinance, floodway regulation or other ordinance, law or regulation applicable to a
Lot shall prescribe greater setbacks, then al� buildings erected during the pendency of that zoning
or subdivision ordinance, floodway regulations or other ordinance, law or regulation shall conform
to said requirements. No masonry mailboxes or other Improvements may be constructed or placed
within any Private Road or public road right of way.
Section 6. Minor Setback Violations. In the event of the unintentional violation of any of the
building setbacks set forth in this Declaration by an amount of ten percent (10%) or less, Declarant
reserves the right, which right shall be vested in and may be exercised by the Association after
Declarant's Founder's Class Membership in the Association has converted to Owner's Class
Membership, but is not obligated, to waive in writing such violation of the setback upon agreement
of the Owner of the Lot upon which the violation occurs and the Owner of any Lot adjoining the
violated setback, provided that such a change is not in violation of any zoning or subdivision
ordinance or other applicable law or regulation, or, if in violation, provided that a variance or other
similar approval has been received from the appropriate governmental authority.
Section 7. Combination or Subdivision Lots. Except as otherwise set forth herein, no Lot shall
be subdivided by sale or otherwise so as to reduce the Lot area shown on the Map. However, a Lot
Owner may combine with a portion or all of another contiguous Lot so long as the parcel or
parcels which result from such combination do not violate any zoning ordinance or other
Applicable Law. In the event that two or more Lots are completely combined so as to create one
parcel, the resulting parcel shall be considered as one Lot for the purposes of this Article X, but
shall continue to be considered as two Lots for all other purposes (including voting and
assessments). Furthermore, the Owner of any Lot which combines with all or a portion of a
contiguous Lot shall be solely responsible fdr any costs which may result from such combination,
including the costs of relocating any existing, easements. Notwithstanding the foregoing, Declarant
reserves the right to change the boundaries or dimensions of any Lots still owned by Declarant as
may be need to meet Septic System requirements or for any other reason.
Section S. Utility Easements. Declarant hereby reserves easements for the installation and
maintenance of utilities (electricity, sewer (including private septic lines), water, gas, telephone,
/i3 23

BK 1053 PG 0266.024
cats, street lights, etc.) and drainage facilities over all of the area labeled on the Map as "Common
Open Space", front and rear ten (10) feet of each other Lot [with the exception of the Lots along
the waters of High Rock Lake, which will not have a ten (10) foot easement over the rear of each
such lot (i.e. the High Rock Lake Side) and fifteen (15) feet in width along each side lot line of all
lots.
Declarant additionally imposes an easement over and upon all Common Area for the installation,
maintenance and repair of Septic System piping, lines, pumps and equipment installed by
Declarant and used to transport sewage, from any Offsite Septic Lot to its Appurtenant Septic
Easement Area
Section 9. Entrance Monument Easement. Declarant hereby grants, establishes and reserves,
for the benefit of Declarant and the Association, and their successors and assigns, a non-exclusive
perpetual easement (the "Entrance Monument Easement') for the purpose of erected and
maintaining the Entrance Monument for the Subdivision over any portion of the Subdivision
identified as "Entrance Monument Easement' on the Map.
Declarant or the Association shall have the right to enter, landscape and maintain the Entrance
Monument Easement as any entryway to the Subdivision. Further, Declarant or the Association
may erect and maintain one or more monuments, with an entrance sign thereon and may erect and
maintain lighting, planters and other Improvements typically used for an entryway.
Section 10. Stormwater Drainage Easement. Declarant hereby establishes and reserves over the
Common Areas an easement for drainage of stormwater runoff from the Lots and.Private Roads
within the Subdivision.
Section 11. Flood Easement. Yadkin, Inc. has reserved easements and rights with respect to the
Subdivision for the right to clear and flood 'property up to the elevation of 665 feed above mean
sea level, in connection with the operation bf its power facility. The clear and flood easements
may affect building plans for the Lots.
Section 12. Fences and Walls. No fence or freestanding wall, may be erected nearer the front lot
line of a Lot than the front face of the dwelling located on Such Lot. In the case of a comer Lot,
no side yard fence shall be located nearer than the side of the house facing the side street line. No
fences or walls, greater than five (5) in height are permitted. Chain link or metal fencing is not
permitted, except that decorative wrought iron or high quality aluminum or vinyl -clad fencing
made with the appearance of wrought iron is permitted. Perimeter fencing shall not have more
than fifty (50) percent of any of its surface closed as viewed from a point on a tine of sight
perpendicular to the line of the fence. A wall constructed of brick or stone and used in lieu of a
fence is exempt from the openness test. The restrictions described in this Section 12 shall not
apply to any Improvements originally installed by Declarant on any Common Area.
Section 13. Signs. No signs may be erected or displayed on any Lot except for the following,
which may not exceed six (6) square feet in size: (a) one sign on the Lot only advertising the Lot
of sale or rent; (b) one sign on the Lot only used by a builder to advertise the Lot during the

BK 1053 PG 0256.025
construction and sales period (such sign may list subcontractors, suppliers, lenders, architects,
engineers and like parties involved in the sign, not on separate signs); and (c) political, yard -sale or
similar temporary signs. Strictly prohibited during the period of construction on a Lot are the
following: (a) separate signage listing subcontractors; (b) signage advertising services or goods for
sale, specifically including construction services; and (c) general advertising in the nature of
handbills.
These restrictions do not apply to the Entrance Monument, to temporary entry signs or advertising
by Declarant, or "for sale" signs installed by Declarant or its agents prior to the sellout of the
Subdivision. Declarant reserves the right to erect and maintain such signs designating streets,
Amenities, and such other signs that will aid in the development of the Subdivision.
Use of unapproved signage shall be violation of this Declaration and the Declarant or the
Association may levy a fine of not more than One Hundred Fifty Dollars ($150.00) per day for
such violation. Such fines shall be assessments and shall constitute a lien upon the Owners Lot
when a claim of lien is filed of record in Ithe office of the Clerk of Superior Court of Rowan
County.. Owners are strictly responsible for all signage erected by their agents, contractors,
subcontractors, suppliers, and any other parties employed directly or indirectly by Owner, or who
provide services or materials to the Owners Lot. Declarant or the Association may enter onto a
Lot at any time to remove signage which is in violation of this Article X, Section 13.
Section 14. Antennas; Satellite Dishes or Discs. Except as hereinafter provided, no transmission
or reception towers, antenna, dishes or discs shall be erected or maintained on any Lot. The
following are specifically permitted:
1. Any antenna designed to receive direct broadcast satellite service, including direct -to -home
satellite service, of one meter or less in diameter;
2. An antenna designed to receive vi4o programming services via multi -point distribution
services, including multi -channel, multi -point distribution services, instructional television
fixed services, or local multi -point distribution services, of one meter or less in diameter or
diagonal measurement; or
3. An antenna designed to receive television broadcast signals.
A roof -mounted antenna may be mounted on the roof of the house; provided, however, no antenna
or related structures may be mounted on the masts exceeding ten (10) feet in height above the
highest roof line ridge of the house. Any dish, disc or antenna (with associated mast if any) shall
be reasonably screened from view from High Rock Lake and the Street, and shall not be located in
the area between the street right-of-way line and the front of any house or within the setbacks of
Buffer applicable to the Lot. No antenna, discs or like transmission or reception device shall be
mounted on a freestanding tower without the express consent of the committee.
Section 15. Lot Maintenance; Trash Disposal. Each Owner shall keep his Lot in a clean and
orderly condition and shall keep the Improvement thereon in a suitable state of painting and repair,
promptly repairing any damage thereto by fire or other casualty. No Lot shall be used in whole or
as 25

BK 1053 PG 0256.026
in part for storage of trash of any character whatsoever and no trash, rubbish, stored materials or
similar unsightly items shall be allowed to remain on any Lot outside of any enclosed structure,
except when temporarily placed in closed, sanitary containers pending collection by trash
collection authorities or companies. Structures, equipment or other items which are visible form
any road or adjacent property which have become rusty, dilapidated, or otherwise fallen info
disrepair, shall not be kept on any Lot. Owners shall not allow trash cans to remain at the curb for
more than 24 hours for each pick up date.
Section 16. Ott Road Parking; Off -Water Boat Storage. The residence on each Lot shall be
served by a driveway constructed of concrete, asphalt, brick or other hard finished surface
approved by the Committee. If any driveway crosses a drainage ditch or swale, the Owner is
required to install, at the Owner's expense, any necessary piping or culverts before the
commencement of any other construction or grading on the Lot. Specifications for any such
piping or culvert must be approved by the Committee and installed in accordance with the
approved specifications and Applicable Laws.
No truck or commercial vehicle in excess of one -ton load capacity, any truck of more than two
axles, any vehicle under repair, or wrecked or junked motor vehicle shall be parked upon or
permitted to remain on any Lot, the Amenity Area, Parking Area, or any other Common Area. No
boat or boat trailer may be parked, left or stored on an Amenity Area or Parking Area unless such
Amenity Area is a designated dry storage area for boats and trailers. No trailer, motor home,
recreational vehicle or camper shall be used as a residence, either temporarily or permanently, or
be parked upon or be permitted to remain on any Lot of a period exceeding 24 hours unless it is
parked off the street and not within the street or side setbacks of the Lot. All trucks, trailers,
campers, motor homes and recreational vehicles must have a current license plate affixed. All
automobiles must have a current license plate affixed and must be parked in a carport, enclosed
garage, or driveway.
Other than incidental street parking for not more than twenty-four (24) hours at a time, all
automobiles and other vehicles must be parked in a carport, enclosed garage, or driveway. From
time to time ug ests however, may park automobiles in the streets when an Owner conducts social
functions and the like. This is limited right of street parking may be restricted by reasonable rules
adopted by the Committee if such parking creates a bona -fide nuisance or safety hazard.
Unless parked within an enclosed garage, no "large" (over 28 feet in length) boat and/or boat
trailer, shall be kept upon any Lot. Boats or boat trailer; less than 28 feet in length, not stored
within an enclosed garage, must be stored to the rear of the house, but not within the Side Setback.
Section 17. Sewage Disposal Every dwelling unit erected on any Lot shall be served by an
approved septic system for the disposal of sewage, or connected to a private or public sewage
disposal system. If a private of public system becomes available then all lots must hook up to the
private or public system. All well water and septic systems or other private sewage disposal
systems shall be approved by, and constructed and maintained in accordance with, all the
regulations and requirements of all governmental authorities and regulatory agencies having
jurisdiction.
�� 26

BK 1053 PG 0256.027
Declarant hereby reserves and grants unto itself, its successors in interest, and assigns, a right and
easement benefiting Declarant and burdening each Lot for the purpose of permitting Declarant to
modify and reassign the permissible construction envelope for wells and septic systems. Declarant
reserves this right and easement in order to address problems caused by Lot Owners encountering
non -porous rock or other conditions making a well in the originally designated location (or
approved alternate locations) impossible or uneconomic. If a third party Owner has expended
money to install part or all of a well on a Lot where Declarant desires to realign the permissible
well or septic system location, the Declarant shall install a comparable well system in the new
location, pay any applicable governmental fees, and arrange for the switch in hookup to the
residence, all at the Declarant's sole cost and expense.
Owners are advised that grading or other alteration to the designated septic field area may void
existing improvement permits and no such alteration should be performed without the consent of
the applicable health department.
Section 18. Nuisances. No noxious or offensive trade or activity shall be carried on upon any Lot
or in any residential dwelling or outbuilding, nor shall anything be done thereon which may be or
become an annoyance or nuisance to the neighborhood. No substance, thing or material shall be
kept upon any Lot that will emit foul or obnoxious odors, or that will cause any noise that will
disturb the peace and quiet of the Owners of Occupants of the surrounding Lots.
Section 19. Diligent Construction, Construction Site Hygiene. All construction, landscaping or
other work which has been commenced on any Lot must be continued with reasonable' diligence to
completion and no partially completed houses or other Improvements shall be permitted to exist on
any Lot or Common Area, except during such reasonable time period as is necessary for
completion. (See Article IX, Section 9)
No construction materials of any kind may be stored within twenty five (25) feet of any Private
Road or public road curbs on any Lot.
Any damage to any street, curb, shoulder, side ditch, street planting, or any part of any Common
Area or any utility system caused by Declarant, any owner or any builder shall be repaired by such
responsible party. If such responsible party fails to repair such damage, Declarant or the
Association may make or provide for such repairs, and the responsible Owner shall immediately
reimburse the repairing party for its out of pocket expenses in making such repairs.
In the event that the responsible Owner fails to reimburse the repairing party, the Declarant or
Association may take reimbursement from the Construction Deposit posted by the Owner. The
Owner thereafter immediately deposits an additional stun to the Construction Deposit so that the
balance is not less than $500.00.
The Owner of each Lot and any builders shall at all times keep contiguous public and private areas
free from any dirt, mud, garbage, trash or other debris which is occasioned by construction of
Improvements on the Lot or Common Area. Declarant or the Association may provide for the
cleaning of public and private areas due to the activities of the responsible party and may assess
the responsible patty a reasonable charge no the exceed the actual cost for such cleaning. All
L � 27

BK 1053 PG 0256.028
Owners and builders shall, consistent with standard construction practices: (i) keep all portions of
the Lots and Common Areas free of unsightly construction debris; (ii) shall at all times during
construction provide dumpsters for the containment of garbage, trash or other debris which is
occasioned by construction of Improvements on a Lot or Common Areas; (iii) keep the Lot and all
Common Areas free of such garbage, trash or other debris; and (iv) provide a port-ajohn on the
construction site maintained in a sanitary manner. Each Owner and any Owner's builder shall be
responsible for erosion control protection during any earth -disturbing operation.
Section 20. Removal of Trees and Other Vegetation — Enforcement. Declarant and/or the
Association shall have the authority, but no the obligation, in their sole discretion, to assess a fine
against an Owner who cuts, damages, or removes any trees, shrubs or other vegetation on any part
of the Common Areas, its Lot or any other Lot or Common Area contrary to the above provisions
of this Declaration.
Section 21. Docks, Piers, and Boat Houses. Yadkin, Inc. manages access to, use of, and water
levels in High Rock Lake. Any Owner, the Declarant and the Association must receive permission
from Yakin, Inc. (or a successor manager of High Rock Lake under authority from FERC) prior to
placing or constructing any pier of other Improvement within or upon, or conducting any activity
altering the topography of High Rock Lake. Declarant makes no oral, express or implied
representation or commitment as to the likelihood of any Owner obtaining such permission, nor as
to the continued existing purity, depth or levels (including clearance of over -water bridges or
trestles) of water in High Rock Lake, and Declarant shall have no liability with respect to these
matters.
Any waterfront Improvement shall have an open design to minimize obstruction of neighbors'
views. Covered boatslips, enclosed or multi -level docks, and boat houses will not be allowed.
The placement, construction, or use of the Pier, Boatslips, and of any other pier, dock, boatslip
structures or other Improvements within or upon, or the conducting of any activity altering the
topography of High Rock Lake, is and shall be subject to each of the following:
(a) Easements, restrictions, rules and regulations for construction and use promulgated
by the Association;
(b) All laws, statutes, ordinances and regulations of all Federal, State and local
governmental bodies having jurisdiction thereof, including without limitation,
FERC;
(c) Rules and regulations, privileges, and easements affecting the Property and the
waters and submerged land of High Rock Lake established by Yadkin, Inc., its
successors and assigns. Yadkin, Inc. is the manager of High Rock Lake under
authority granted by FERC; its current management plan runs through August 31,
2008. As manager of High Rock Lake, Yadkin, Inc. manages access to, and the use
and level of, the waters of High Rock Lake; and
Section 22. Boat Ramps. No private boat ramps of any kind shall be permitted on any Lot.

BK 1053 PG 0256.029
Section 23. Grading Rights. Until such time as the Owner's plans have been approved by the
Committee, Declarant may make cuts and fills upon any Lot or other portion of the Subdivision
and do such grading, panning, and earth moving, as in its sole reasonable discretion, may be
necessary to improve or maintain the streets within the Subdivision or to drain surface waters from
them.
Section 24. Violations. In the event that any Lot is developed other than in strict conformity with
this Declaration and the approval of the Committee, such development must be removed or altered
so as to be in compliance. Any unauthorized use of the Lot must be ended so as to extinguish any
violations of this Declaration or the approval granted by the Committee, At any time a violation of
this Declaration or the approval granted by the Committee may be found to exist, regardless of the
length of time such violation, the Declarant or the Committee may deliver written notice of such
violation to the Owner of the Lot in violation and any other responsible parties. if reasonable
measures have not been taken by the Owner or other responsible parties to terminate the violation
within ten (10) business days, the Declarant or Committee may, through agents or employees,
enter onto the Lot and take such measures as may reasonably be necessary to abate the violation.
Such entry, shall not be deemed a trespass and those parties entering on behalf of Declarant or the
Committee shall have no liability to the Owner or other parties having an interest in the Lot for any
entry taken in connection with the abatement of a violation. All costs and expenses, including
legal fees, permits, mobilization costs and insurance plus a fifteen percent (15%) allowance for
general overhead and intangible costs, shall be a binding obligation of the Owner of the Lot in
violation. In addition, all costs shall be a lien upon the Lot, enforceable in the same manner as an
assessment made upon the Lot
Section 25. Construction. Construction of all Improvements and other development upon the
Lot shall be the responsibility of the Owner. Neither Declarant nor the Committee shall have any
responsibility whatsoever for monitoring or control of construction.
There shall be no occupancy of any residence until such time as the residence and all other
completed Improvements and work upon the Lot (including any off site Septic Easement Area) are
inspected and approved by the Committee as being in accordance with the plans approved by the
Committee. Upon written notice of completion of a residence, the Committee shall have ten (10)
days to make such reasonable inspections as it deems necessary. In the event that the Committee
discovers that Improvements or other work upon the Lot have been done other than in accordance
with the plans approved, the Committee shall give Owner written notice of such violations. In the
event that the Committee finds that all Improvements and work upon the Lot have been
accomplished in accordance with the plans approved, then, the Committee may, upon request of
the Owner, issue a certificate of compliance to the Owner.
Section 26. General Repair and Maintenance. It shall be the duty of Owner to keep and
maintain all of the Lot, except as expressly stated otherwise heroin, including those areas within
setbacks, utility easements, and the like. The Owner shall keep the entire Lot safe, neat, free of
hazards and shall comply with all fire, zoning, health, environmental and other requirements as
may legally apply to the Lot. Owner shall keep the Lot clear, clean and free of all unsightly scrap,
rubbish or other materials at all times, including the construction period.
e29 29

BK 1053 PG 0256.030
t 4
Section 27. _ Utility Lines. All utility service lines from the street or from existing power or
telephone poles to the Improvements (and between any Improvements) on any Lot shall be
installed underground.
Section 28. Non -Waiver. No delay or failure on the part of an aggrieved party to invoke an
available remedy in respect to a violation of any provision contained herein or referred to herein
shall be held to be a waiver by that party of any right available to the party upon the recurrence or
continuance of said violation or the occurrence of a different violation.
Section 29. Rights of Yadkin, Inc. Yadkin, Inc. has certain privileges and easements affecting
the Subdivision which include the right to enforce certain restrictive covenants, and the right,
privilege and easement of backing, ponding, raising, flooding, or diverting the waters of High
Rock Lake and its tributaries upon and over the Subdivision.
Section 30. Private Road Easement. Declarant specifically establishes, reserves, and grants to
the Owners of the Lots, the Association and Declarant, their heirs, successors and assigns, non-
exclusive, perpetual easements over any Private Roads which may be constructed, in the widths
and in the locations as may be shown on the Map, for the purpose of pedestrian and vehicular
access, including golf carts and bicycles, as well as ingress and egress to the Lots and Common
Areas, and for the installation and maintenance of paved roadways and of utilities and drainage
facilities. Within the Private Roads, no structure, planting or other materials shall be placed or
permitted to remain which may damage or interfere with the installation and maintenance of the
roadways located therein or the other utilities or drainage facilities installed therein.
Section 31. Mailboxes. Mailboxes shall be of a consistent design, color and material designated
by the Declarant or, if the Declarant so delegates, by the Committee, and may not violate North
Carolina Department of Transportation standards. See Article Vill, Section8 for further restrictions
Section 32. Driveways. All connections of private driveways to the North Carolina State or any
municipal road system, and all connections of private easements and right-of-ways to that road
system shall be constructed and maintained in accordance with all Applicable Laws and the rules,
regulations and specifications as approved from time to time by the Committee.
Section 33. House Numbers. House numbers are to be displayed in compliance with all Rowan
County ordinances.
ARTICLE XI
Environmental Hygiene
Underground storage tanks for chemicals, or other substances having the potential to cause damage
by accidental discharge into the soil, are prohibited in the Subdivision.
ARTICLE XII
Duration, Modification and Termination
t�c 30

BK 1053 PG 0256.031
Section 1. Amendment. The covenants, conditions and restrictions of this Declaration may be
amended at any time and from time to time by an agreement signed by Owners holding a majority
of votes appurtenant to the Lots which are then subject to this Declaration; provided, however, that
such amendment must be consented to by Declarant so long as Declarant is the Owner of any Lot
in the Subdivision including any Additional Property. Any such amendment shall not become
effective until the instrument evidencing such change has been filed. The consent of a majority of
the Owners of Lots, plus the written consent of Declarant shall be required to withdraw any portion
of the Property from the requirements of this Declaration.
Notwithstanding anything in this Article XII, Section I to the contrary, Declarant may, at
Declarant's option, amend this Declaration without obtaining the consent or approval of any other
person or entity if such amendment is necessary to cause this Declaration to comply with the
requirements of FHA, VA, The Federal National Mortgage Association, or other similar agency.
Declarant, without obtaining the approval of any other person or entity, may also make
amendments or modifications hereto which are correctional in nature only and do not involve a
change which materially adversely affects the rights, duties or obligation specified herein.
Section 2. Term. The covenants and restrictions of this Declaration are to run with the land and
shall be binding upon all parties and all persons claiming under term for a period of twenty-five
(25) years from the date this Declaration is originally Filed; after which time said covenants and
restrictions shall be automatically extended for successive periods of ten (10) years unless an
instrument signed by Owners holding a majority of the votes appurtenant to the Lots, plus
Declarant, if Declarant then owns any Lot, has been recorded, agreeing to terminate or modify said
covenants and restrictions in who or in part. Provided, however: [l] the residential use restriction
set forth in Article X Section 1 of this Declaration shall run with the land and shall be binding
upon all parties and persons claiming under them in perpetuity and [ii] this Declaration shall not be
terminated except by a Filed instrument signed by Owners holding 100% of the votes appurtenant
to the Lots, plus Declarant, if Declarant then owns any Lot, so long as any septic percolation/drain
field and Septic System is operated for the benefit of any Offsite Septic Lot or so long as any
Private Roads are Maintained by the Association and have not been accepted for public
maintenance.
ARTICLE XIII
Enforcement
Any violation of this Declaration, whether in whole or in part, is hereby declared to be a nuisance
and, without limitation, any party empowered to enforce this Declaration may avail itself of all
remedies available under Applicable Laws for the abatement of a nuisance in addition to all other
rights and remedies set forth hereunder or otherwise available at law. This Declaration may be
enforced by Declarant, its successors and assigns (including without limitation the Association
after the termination of Founders Class Membership), by proceedings at law or in equity against
the person or entity violating or attempting to violate any covenant or restriction, either to restrain
the violation thereof, abate or to remediate damage caused by the violation, or to recover damages,
all together with reasonable attorney's flees and court costs. Further, after the termination of
Declarant's Founder Class membership in the Association, in the event the Association fails to act
21

p 7 4
BK 1053 PO 0256.032
to enforce any covenant or restriction herein, any Owner of any Lot may enforce these covenants
and restrictions as aforesaid against any other Owner.
ARTICLE XIV
Declarant Retained Rights and Septic Easements
Section 1. Assignability of Rights. All rights, powers and reservations of Declarant stated herein
may be assigned. If at any time Declarant ceases to exist and has not previously made an
assignment of his rights, a successor of Declarant may be appointed by the written vote of a
majority of the Owners. Any assignment made pursuant to the terms of this section shall be Filed
in Rowan County, North Carolina.
Section 2. Exoneration of Declarant. It is agreed by all Owners and by any other party having
an interest in any Lot that Declarant has no duty to enforce any of the covenants and restrictions
contained herein. Declarant shall not be subject to Liability to any party by reason of its failure to
enforce any covenant, condition or restriction herein.
Section 3. Septic Easements. Non-exclusive easements for septic service and septic drainage
fields (the "Septic Easements") are reserved and granted, over, across and under the Septic
Easement Areas, to the Declarant and any Offshe Septic Lot Owners. After transfer from the
Declarant, the Association shall hold title to the Septic Easement Area subject to any and all Septic
Easements. As long as the Subdivision is not serviced by a public or private sewer line, the
Association shall not transfer, mortgage, encumber or otherwise convey any Septic Easement Area
or any portion thereof to any other party.
Each Septic Easement shall be appurtenant to the Ofisite Septic Lot to which it is servient Any
deed, deed of trust, mortgage, transfer or other conveyance of any Ofisite Septic Lot shall also
transfer or convey the Septic Easement appurtenant to the Offsite Septic Lot, even if no expressly
stated in the instrument of transfer.
Each Septic Easement herein reserved and granted shall include the right, at the sole expense of the
Owner of the Offsite Septic Lot, to construct, maintain, operate, remove and reinstall a Septic
System in an upon the appurtenant Septic Easement Area and to clear (and continue to clear as
necessary) trees, brush and other plants for the proper construction, installation and maintenance of
said system. The Owner of the Offsite Septic Lot shall immediately restore the surface of the
Septic Easement Area disturbed by installation and maintenance of a Septic System to a stable,
reasonably compact and safe grade, seed (with the seeding covered with hay or other appropriate
material) or planted and maintained substantially similar to that condition existing prior to the
Owner's work. Failure to completely fulfill the requirements of the preceding sentence, including
seeding, shall result in a charge of Five Hundred Dollars ($500.00) for each violation which charge
shall be a lien upon the Owner's Lot If any Owner's attempted seeding does not "take", the
Owner is required to repeat the process until a stable grass cover, sufficient to prevent erosion and
washing in obtained. Should the owner of such Lot fail to restore the surface of the Septic
Easement Area, in the sole judgment of the Declarant or the Board of Directors, then the Board of
Directors shall have the power to specially assess such Owner for any costs of restoration in excess
of the Five Hundred Dollar ($500.00) initial charge. The Declarant or the Association may extract
C32 32

BK 1053 PG 0256.033
the Five Hundred Dollar (S500.00) charge or any excess cost of restoration from the Owner's
Construction Deposit. No Owner shall occupy the residence on his or her Offsite Septic Lot until
the restored surface of the Septic Easement Area meets the requirements of this paragraph.
Owners of each of the Offsite Septic Lots and their agents are granted the right of ingress, egress
and regress over and across such portions of the Septic Easement Areas as may be necessary to
access the Septic Easement Area appurtenant to such Owner's Offsite Septic Lot.
The Owner of the Lot for which a Septic System is being installed shall be responsible for
obtaining all permits for the use of said Septic System and shall hold the Declarant and the
Association, its successors and assigns, harmless from any loss, damage or liability relating
thereto, except to the extent that such loss, damage or liability results from the negligent or willful
act of the Declarant or the Association. Prior to the installation of a Septic System within the
Septic Easement Area, the Owner of the Offsite Septic Lot for which the Septic System is being
installed shall have the proposed location of such Septic System staked and approved by the
appropriate authorities, and such Septic System shall be approved by, and constructed and
maintained in accordance with all regulations and requirements of all governmental authorities and
agencies having jurisdiction. The Owner of the Offsite Septic Lot to which a Septic System
Easement Area is appurtenant shall be responsible to operate and maintain the Septic System
located thereon at such Owner's sole cost and expense.
The Septic Easements hereby granted and reserved shall run with the title to the Offsite Septic Lots
to which they are appurtenant. At such time as any Offshe Septic Lot is connected to a public or
private sewer line and is serviced thereby, then the Septic Easement reserved and granted for the
benefit of that Offsite Septic Lot shall terminate.
Declarant hereby reserves and grants unto itself, its successors in interest, and assigns, a right and
easement benefiting Declarant and burdening each Offsite Septic Lot for the purpose of connecting
any residence(s) upon such Lot(s) to any public or private sewer line providing service accessible
to such Lots, including access across the Lots and to the right to install any pipes and apparatus as
may be necessary to connect any such residence(s) to such sewer line (the "Sewer Connection
Easement"). By reserving the Sewer Connection Easement, Declarant has not obligated itself or
its successors or assigns to connect any public or private sewer line to the above -described Lots or
to make any sewer service available to such Lots. The exercise of such rights and the Sewer
Connection Easement shall be at the sole discretion of the Declarant, its successors in interest and
assigns.
Declarant hereby further reserves unto itself and its successors in interest, a right an easement
benefiting Declarant and burdening each Offsite Septic Lot. Declarant may, in its discretion,
replace the original Septic Easement Area appurtenant to that Offsite Septic Lot. The replacement
shall be evidenced by a Filed revision of that portion of the Map showing the Offsite Septic Lot
and the appurtenant Septic Easement Area if the Offsite Septic Lot is then still owned by the
Declarant. In the event that the Offsite Septic Lot is then owned by a third party Owner, such
Owner shall cooperate with Declarant by executing such title transfer documents as are necessary
to consummate the replacement of the original Septic Easement Area with a replacement Septic
Easement Area. If the third party owner has expended money to install part or all of a septic
23 33

BK 1053 PG 0256.034
system in the original Septic Easement area, Declarant shall install a comparable system in the new
Septic Easement Area, pay any applicable governmental fees, and arrange for the switch in service,
all at Declarant's sole cost and expense.
Portions of septic connector lines from multiple Offsite Septic Lots may be buried in one or more
common trenches to connect Offsite Septic Lots with the percolation/drain field area of the Septic
Easement Areas appurtenant to those Lots. The Septic Easement Areas of multiple Offsite Septic
Lots will overlap in the area of such trenches. In the event of damage to, or leakage from, the
portion of any septic connector line which is: (i) buried in a common trench; and (ii) located
between the Lot line of an Offsite Septic Lot and the percolation/drain field of that Lot's
appurtenant Septic Easement Area; the repair of such septic connector line shall be the
responsibility of the Association and all costs shall be deemed an expense for the Common Area
maintenance. This allocation of repair duty and expense is made so that the Association may
control and monitor all work in the common trench area where use of contractors unfamiliar with
the installation could result in errors and damage with resulting loss of septic function to multiple
Owners.
The Association shall promptly act to repair any damage or leakage and will seek expeditious
repair when any affected Owner might otherwise be without a functional Septic System. The
Association shall, by subrogation, succeed to the rights of any affected Owner against any parties
who caused damage to such septic connector lines.
Section 4. Temporary Construction Easements. Declarant reserves for itself and its agents the
right and easement to, from time to time, go over and upon (including trucks, equipment and the
like) any Lot for the purpose of installing wells, septic systems, infrastructure or other work
necessary in the Subdivision, whether the work benefits the Lot over which access is made or other
Lots. Declarant will repair any material damage to the Lot over which access is made and will
exercise care to minimize the time of such work and the damage made by the work or access.
Section 5. Reservation of Maintenance Option and General Monument Easement. Declarant
hereby reserves, for the benefit of the Association, any option of maintenance (including
landscaping and beautification) upon and over the frontage of any Lot up to ten (10) feed in width.
This option shall run along and with the margin of the right of way of all public or private roads
within or adjoining the Subdivision. The Association may exercise its option of maintenance
either on a continuing basis or from time to time at its sole discretion. This option may be
exercised with respect to all Lots or only to selected area, all in the sole discretion of the
Association. All expenses of this maintenance option shall be assessed by the Association as
annual or special assessments. An easement is reserved in favor of the Association and its agents
to go upon the front ten feet (10') of each Lot in order to carry out the maintenance option created
herein and also to perform any permissible work upon the shoulder or drainage facilities of any
public roadway or Private Road.
Declarant hereby also grants, establishes and reserves, for the benefit of Declarant and
Association, and their successors and assigns, a non-exclusive perpetual easement (the "General
Monument Easement') upon the front ten feet (10') of each Lot (along the margin of the right of
way of all public or private roads within or adjoining the Subdivision) for the purpose of erecting
2 _ / 34

BK 1053 PG 0256.035
and maintaining "General Monuments" in the nature of piers, columns, decorative fencing,
lighting, or other Improvements which may serve to identify the Subdivision. Declarant or the
Association shall have the right to enter the Entrance Monument Easement to construct, inspect,
maintain, repair or replace the monuments of Improvements erected therein.
ARTICLE XV
Partial Taking
In the event that any portion of the Subdivision is taken or purchased in any manner in the nature
of a condemnation or other governmental taking, such taking will not render invalid any provision
contained in this Declaration.
ARTICLE XVI
General
Section 1. Mortgagees' Protection. Violation of this Declaration shall not defeat the lien of any
Mortgage made in good faith and for value upon any portion of the Property. Any lien created
hereunder shall be subordinate to any such Mortgage unless a lis pendens or notice of the lien shall
have been Filed prior to the recordation of such Mortgage; provided, however, that any Morgagee
in actual possession or any purchaser at any trustee's mortgagee's or foreclosure sale shall be
bound by and be subject to this Declaration as fully as any other Owner.
Section 2. Chain of Title. Each grantee, lessee or other person in interest or occupancy accepting
a conveyance of a fee or lesser interest, the demise of a leasehold interest, or a license, in any Lot,
whether or not the instrument of conveyance refers to this Declaration, covenants for himself, his
heirs, successors and assigns to observe and perform and be bound by this Declaration and to
incorporate this Declaration by reference in any conveyance, demise of a leasehold estate, or the
grant of a license, of all or any portion of his interest in any real property subject hereto.
Section 3. Ambiguities. If any discrepancy, conflict or ambiguity is found to exist with respect to
any matters set forth in this Declaration, such ambiguity, conflict or discrepancy shall be resolved
and determined by Declarant in its sole discretion. Declarant shall have the right to interpret the
provisions of this Declaration and, in the absence of an adjudication by a court of competent
jurisdiction to the contrary, its construction or interpretation shall be final and binding as to all
parties or property benefited or bound by the provisions hereof. Any conflict between any
construction or interpretation of Declarant and that of any other person or entity entitled to enforce
any of the provisions hereof shall be resolved in favor of the construction or interpretation of
Declarant.
Section 4. No Reversionary Interest. This Declaration shall not be construed as creating
conditions subsequent, or as creating a possibility of reverter.
Section S. Zoning Requirements. This Declaration shall not be interpreted as permitting any
action or thing prohibited by applicable zoning laws, or any other Applicable Laws, or by specific
restrictions imposed by any deed or other conveyance. In the event of any.conflicts, the most
restrictive provision among the conflicting terms shall be take to govern and control.
35

BK 1053 PG 0266.036
• 6 s
Section 6. Effect of Invalidation. If any provision of this Declaration is held to be invalid by any
court or other body of competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of this Declaration and all remaining restriction, covenants,
reservations, easements and agreements contained herein shall continue in full force and effect.
Section 7. Gender. All pronouns used herein shall be deemed to be singular, plural, masculine,
feminine or neuter as application to specific circumstances may require.
Section 8. Liability Limitations. Neither Declarant, nor any Owner nor any officers, directors,
agents or employees of any of them shall be personally liable for debts contracted for or otherwise
incurred by the Association. Neither Declarant, nor the Association, nor their directors, officers,
agents or employees shall be liable for any incidental or consequential damages for failure to
inspect any premises, Improvements of portions thereof or for failure to repair or maintain the
same. Declarant, the Association or any other person, firm or association making such repairs or
maintenance shall not be liable for any personal injury or other incidental or consequential
damages occasioned by any act or omission in the repair or maintenance of any premises,
Improvements or portions, thereof. The Association shall, to the extent permitted by the applicable
law, indemnify and defend all members of,the Board, its officers, employees and agents from and
against any and all loss, cost, expense, damage, liability, claim, action or cause of action arising
from or relating to the performance by the Board of its dudes and obligations, except for such
resulting from the gross negligence or willful misconduct of the person(s) to be indemnified. The
Association may maintain liability insurance for members of its Board, its officers, employees and
agents.
All Owners acknowledge that they and their invitees will use any walking paths constructed by
Declarant at their own risk and do hereby release and agree to hold harmless and indemnify
Declarant and the Association from liability for any property damage or injury suffered through
such use.
SECTION 9. GOVERNMENTAL REQUIREMENTS. Declarant may (at Deelarant's
option) amend and modify this Declaration without obtaining the consent or approval ofthe
Owners tfsuch amendment or modification is necessary to cause this Declaration to comply
with the requirements of the Department of Housing and Urban Development, the North
Carolina Department of Natural Resources, the US Army Corps of Engineers, the North
Carolina Division of Coastal Management or other similar agency.
Any such amendment mint be with the consent and approval of such agency and must
be properly recorded.
/?6 36

BK 1053 PG 0256.037
IN WITNESS WHEREOF, the undersigned, has caused these presents to be executed in its
company name by Its duty authorized Manager this the 1 a" day of Rt SOOS.
r
HIGHROCKDEYELOPMEIVTCO ANY,LLC
.s 0
Manager
STATE OF NORTH CAROLINA
COUNTY OFRowan
I ,Marearet M. Thomason a Notary Public In and for Rowan County, North Carolina,
do hereby certify that Danld L Fisher, Manager of HIGH ROCK DEVELOPMENT
COMPANY, LLC, personalty appeared before me this day and acknowledged the due
execution of the foregoing Instrument on behalf of thecompany.
Witness my hand and ofJldal sea4 this the ec�day of 2005.
SEAL
/ Notary Pubmu
My commission expires:
•'•. xa 1 FICI L SEAL
ROWAN CO in
[SM,RGARET M THOMPSON f
37

BK 1053 PG 0725
FUM h ROWAN Countgg, NC
an Du 19 2005 at 04M= PM
by: Bobbin K Earnhardt
Register of Deeds
BOOK 1053 PAGE 725
SUNSET POINTE AT HIGH ROCK LADE
FIRST AMENDMENT TO
DECLARATION OF COVENANTS,
CONDITIONS AND
RESTRICTIONS
At438

BK 1053 PG 0725.002
THIS FIRST AMENDMENT TO the Declaration of Covenants, Conditions
and Restrictions for Sunset Pointe at High Rock, hereinafter referred to as "First
Amendment" is made this jjlday of December, 2005, by High Rock Development
Company, LLC.
WITNESSETH:
WHEREAS, the Declarant previously recorded that Declaration of Covenants,
Conditions and Restrictions for Sunset Pointe at High Rock Lake, recorded in Book
1052, Page 593 and superseded by the Declaration of Covenants, Conditions and
Restrictions for Sunset Pointe at High Rock Lake, recorded in Book 1053, Page 256,
incorporated herein by reference;
AND WHEREAS, the Declarant desires to amend the Declaration to correct and
add certain provisions, all as set forth herein:
NOW THEREFORE, the Declarant hereby amends the Declaration as follows:
(1) ARTICLE I -(s)
Definitions
(s) Map — Map shall mean (i) the plats of Sunset Pointe at High Rock Lake filed in
Book of Maps, Book number 9995 at Page 5611, Sheets 1-6, in the Office of the
Rowan County Register of Deeds, North Carolina; (ii) any filed plats of other
portions of the Property described in Article II, Section 1, for the purpose of
subdividing those lands into Lots, dedicating roadways or Common Area, or any
other purpose; (iii) any filed plats of Additional Property subjected to this
Declaration, and (iv) any revisions of such filed map or maps.
(2) ARTICLE II
Property
Section 1. Description. The real properly initially subjected to this Declaration
is shown on the Map recorded in Book of Maps 9995, at Page 5611, Sheets 1-6, in
the Office of the Register of Deeds for Rowan County, and those areas labeled as
"Common Open Space".
EXCEPT as amended by First Amendment, the Declaration shall be and remain
in full force and effect, and the Declaration, as amended by this First Amendment,
is hereby incorporated by reference as if fully set out herein and re- adopted in its
entirety.

BK 1053 PG 0725.003
IN WITNESS WHEREOF, the undersigned, has caused these presents to be executed in its
company name by its duly authorized Manager this the day ofO�A, 2005.
gr
HI GH R O CK DE VEL OPMENT,
Manager
STATE OF NORTH CAROLINA
COUNTY OFRowan
I,Margaret M. Thompson a Notary Public in and for Rowan County, North Carolina,
do hereby certify that Daniel L. Fisher, Manager of HIGH ROCK DEVELOPMENT, LLC.,
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument on behalf of the company.
Witness my hand and official seal, this the �'� day of-AQKL#1k4e , 2005.
SEAL 14
ota Pub '
My commission expires: Zoo
OFFICIAL SEAL j
N012r/Pwic-MGM C *. 1
r ROWAN COUNTY i
MARGARET M. THOMPSON 1

BK 1066 PG 0860
FILED b ROWW CountNC
an Map 1B MOB at 10I *25 AM
by Ba is KRe*torotEa w t
3 W 1065 PAGE 990
SUNSET POINTE AT HIGH ROCK LAKE
SECOND AMENDMENT TO
DECLARATION OF COVENANTS,
CONDITIONS AND
RESTRICTIONS
RECEIVED/NCDENR/DWR
SEP 5 2019
WQROS
MOORESVILLE REGIONAL OFFICE
e�tA.Q 11311

BK 1065 PG 0990.002
THIS SECOND AMENDMENT TO the Declaration of Covenants, Conditions
and Restrictions for Sunset Pointe at High Rock, hereinafter referred to as "Second
Amendment" is made this JL*day of May, 2006, by High Rock Development
Company, LLC.
WITNESSETH:
WHEREAS, the Declarant previously recorded that Declaration of Covenants,
Conditions and Restrictions for Sunset Pointe at High Rock Lake, recorded in Book
1052, Page 593, superseded by the Declaration of Covenants, Conditions and Restrictions
for Sunset Pointe at High Rock Lake, recorded in Book 1053, Page 256, and First
Amended in Deed Book 1053, Page 725, incorporated herein by reference;
AND WHEREAS, the Declarant desires to amend the Declaration to correct and
add certain provisions, all as set forth herein:
NOW THEREFORE, the Declarant hereby amends the Declaration as follows:
(1) ARTICLE I -(s)
Definitions
(s) Map — Map shall mean (i) the plats of Sunset Pointe at High Rock Lake filed in
Book of Maps, Book number 9995 at Page 5611, Sheets 1-6. and Book of Maps at
Page 5744, in the Office of the Rowan County Register of Deeds, North Carolina;
(ii) any filed plats of other portions of the Property described in Article Il, Section
1, for the purpose of subdividing those lands into Lots, dedicating roadways or
Common Area, or any other purpose; (iii) any filed plats of Additional Property
subjected to this Declaration, and (iv) any revisions of such filed map or maps.
(2) ARTICLE II
Property
Section 1. Description. The real property initially subjected to this Declaration
is shown on the Map recorded in Book of Maps 9995, at Page 5611, Sheets 1-6,
and Book of Maps at page 5744 Sheets 1-6, in the Office of the Register of Deeds
for Rowan County, and those areas labeled as "Common Open Space".
(5) ARTICLE X
Sewage Disposal
Section 17. Sewage Disposal - Each Lot owner shall be responsible for the
construction, instillation, maintenance and repair of an approved septic system
0�

BK 1065 PG 0990.003
and will be required to pay a $2000.00 tap fee to connect to the Community
Septic System installed by the developer and to be maintained by the Association.
(4) ARTICLE XVII
Privately Owned Sewer System
Section 1. Community Sewage Collection System. The wastewater surface
irrigation system and collection lines will be installed and maintained to the
standards set forth in permit number WQ0029635 as approved by the NCDWQ
and follow all applicable standards of the NCDENR by the developer. This is a
private Sewer System and Rowan County is not responsible for the instillation or
maintenance of this system or supply lines.
EXCEPT as amended by Second Amendment, the Declaration shall be and
remain in full force and effect, and the Declaration, as amended by this Second
Amendment, is hereby incorporated by reference as if fully set out herein and re-
adopted in its entirety.
IN WITNESS WHEREOF, the undersigned, has caused these prtcents to be executed in
its company name by its duly authorized Manager this the 19 day of MAY, 2006.
HIGH ROCK DEVELOPMENT COMPANY, LLC.
B '
anger
STATE OF NORTH CAROLINA
COUNTY OF Rowan
I ,Margaret M. Thompson a Notary Public in and for Rowan County, North
Carolina, do hereby certify that Daniel L. Fisher, Manger of HIGH ROCK
DEVELOPMENT COMPANY, LLC., personally appeared before me this day and
acknowledged the due execution of the foregoing instrument on behalf of the company.
Witness my hand and official seal, this the,[_ day of Jawv" .2006.
Ndfiry / /� ' �P Public
My commission expires: !O'7
OFFICIAL SEAL
ROWAN couNry
MARGARET M. THOMPSON

�a
BK 1070 PG'0788
FILED In ROMAN County, NC
on Jvi 1B EM lit mmom PM
6y Bobbi K Elmh"
Ropitor of Desch
B00K 1070 PAGE 788
SUNSET POINTE AT HIGH ROCK LAKE
THIRD AMENDMENT TO
DECLAMATION OF COVENANTS,
CONDITIONS AND
RESTRICTIONS
Jsc-- / / (, /'71

BK 1070 PG 0788.002
THIS THIRD AMENDMENT TO the Declaration of Covenants, Conditions
and Restrictions for Sunset Pointe at High Rock, hereinafter referred to as "Third
Amendment" is made this _day of July, 2006, by High Rock Development
Company, LLC.
WITNESSETH:
WHEREAS, the Declarant previously recorded that Declaration of Covenants,
Conditions and Restrictions for Sunset Pointe at High Rock Lake, recorded in Book
1052, Page 593, superseded by the Declaration of Covenants, Conditions and Restrictions
for Sunset Pointe at High Rock hake, recorded in Book 1053, Page 256, First
Amendment in Deed Book 1053, Page 725 and Second Amendment recorded in Deed
Book 1065, Page 990, incorporated herein by reference;
AND WHEREAS, the Declarant desires to amend the Declaration to correct and
add certain provisions, all as set forth herein:
NOW THEREFORE, the Declarant hereby amends the Declaration as follows:
(5) ARTICLE X
Sewage Disposal
Section 17. Sewage Disposal - Each Lot owner shall be responsible for the
repayment to the Homeowners Association all fees due for the construction,
installation, maintenance and repair of an approved septic system, and will be
subject to special assessments to cover such necessary costs and required to pay a
$2000.00 tap fee to connect to the Community Septic System installed by the
developer and to be maintained by the Association. This fee shall be deposited
into a separate fund for the use of maintaining the Community Septic System.
(4) ARTICLE XVII
Privately Owned Sewer System
Section 1. Community Sewage Collection System. The Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be
properly maintained to the standards set forth in permit number WQ0029635 as
approved by the NCDWQ and follow all applicable standards of the NCDENR by
the developer. This is a private Sewer System and Rowan County is not
responsible for the installation or maintenance of this system or supply lines. The
Association shall not enter into voluntary dissolution without first having
transferred its said system and facilities to some person, corporation or other
entity acceptable to and approved by the COMMISSION by the issuance of a
Permit
F

BK 1070 PG 0788.003
EXCEPT as amended by the Third Amendment, the Declaration shall be and
remain in full force and effect, and the Declaration, as amended by this Third
Amendment, is hereby incorporated by reference as if fully set out herein and re-
adopted in its entirety.
IN WITNESS WHEREOF, the undersigned, has caused these presents to be executed in
its company name by its duly authorized Manager this the /B 0 " day of July, 2006.
HIGH ROCK DEVELOPMENT COMPANY, LLC.
Manager
STATE OF NORTH CAROLINA
COUNTY OF Rowan
I ,Margaret M. Thompson a Notary Public in and for Rowan County, North
Carolina, do hereby certify that Daniel L. Fisher, Manager of HIGH ROCK
DEVELOPMENT COMPANY, LLC., personally appeared before me this day and
acknowledged the due execution of the foregoing instrument on behalf of the company.
Witness my hand and official seal, this the [j!t day of % 2006.
p Notary Public 9 u
My commission expires: `-� a BOO
ter. OFFICIAL SEAL
nn•.r: hOPo-NafY wam
ROWAN COUNTY
MAR�.i�RET M. THOMPSON
F

ri6
BK 1138 PG 0027
Flied In ROWAN County,
NC Feb 26 2009 Of 02.41.01 PMC
b J. E. BRINDLE
eglster of Deeds
Book 1138 Page 27
SUNSET POINTE AT HIGH ROCK
PATIO HOMES
FOURTH AMENDMENT TO
DECLARATION OF COVENANTS,
CONDITIONS AND
RESTRICTIONS
c"'
Sm t )+e rcLo- � �9qo

BK 1138 PG 0027.002
THIS FOURTH AMENDMENT TO the Declaration of Covenants,
Conditions and Restrictions for Sunset Pointe at High Rock, hereinafter referred to
as "Fourth Amendment" is made this the day of January, 2009, by
Smihercutt, LLC (hereinafter "Declarant"), as successor in interest to High Rock
Development Company, LLC.
WITNESSETH:
WHEREAS, the Declarant's predecessor in interest previously recorded certain
Declaration of Covenants, Conditions and Restrictions for prior phases of Sunset Point at
High Rock, recorded in Deed Book 1053 Page 593, such being superseded by subsequent
Amended Declaration of Covenants, Conditions and Restrictions for Sunset Pointe at
High Rock recorded in Deed Book 1053 Page 256, such being incorporated herein by
reference (hereinafter "Declaration"); and
WHEREAS, Second and Third Amended Declaration of Covenants, Conditions
and Restrictions have been filed to incorporate new phases of the development and
amend the legal description of lots subject to the Declaration; and
WHEREAS, Declarant files this Fourth Amendment to amend the Declaration to
correct and add certain provisions, all as set forth herein
NOW, THEREFORE, the Declarant hereby amends the Declaration as follows:
(1) ARTICLE I-(s) Definitions
(s) Map —Map shall mean and include (i) the plat of Sunset Pointe at High Rock
Patio Homes Phase I filed in Book of Maps 9995 at Page 6614 (Sheets 1 and 2) for Lots
113-145 and 149-151 in the office of the Register of Deeds of Rowan County, North
Carolina, (ii) any filed plats of other portions of the Property described in Article H
Section 1 for the purpose of subdividing those lands into lots, dedicating roadways,
Common Areas or Common Open Spaces and Septic, or any other purpose, (iii) any filed
plats of Additional Property subjected to this Declaration, and (iv) any revisions of such
filed maps.
(2) ARTICLE II Property
Section 1. Description. The real. property subjected to this Declaration shall
include that property as shown and described in Book of Maps 9995 at Page 6614 (Sheets
1 and 2) Lots 113-145 and 149-151, as filed in the office of the Register of Deeds of
rowan County, North Carolina, including any and all Common Areas as may be shown
therein.
(3) ARTICLE IV- Rights in Private Roads

Z . .
BK 1138 PG 0027.003
The following provision shall be added to Article IV as additional obligations of
Declarant, and is not intended to supersede or replace, but only to enhance the provision:
"Until such time as the obligations for maintenance of Private Roads or Common
Area is turned over to the Association, or until such time as maintenance of Private Roads
is accepted by the NC Department of Transportation as part of the state maintained road
system, Declarant shall be responsible for maintenance of such Private Roads and shall
do so according to NC Department of Transportation specifications."
EXCEPT as amended herein by this Fourth Amended Declaration, the Declaration shall
be and remain in full force and effect, and the Declaration, as amended by this Fourth
Amended Declaration, is hereby incorporated by reference as if fully set out herein and
re -adopted in its entirety.
IN WITNESS WHEREOF, the undersigned has caused these presents to be executed in
its Company name by its duly authorized Manager this the fff / day of January, 2009.
SMII3ERCUTT, LLC
BY:
Darnel L. Fisher, Vger
3

BK 1138 PC 0027.004
STATE OF NORTH CAROLINA
COUNTY OF ROWAN
I, Sands butne W;se 1-6well , a Notary Public of the County and
State aforesaid, certify that Daniel L. Fisher, either being personally known to me or
proven by satisfactory evidence, personally came before me this day and acknowledged
that he is Manager of SMMERCUTT, LLC, a North Carolina limited liability company,
and that he, as Manager, being authorized to do so, voluntarily executed the foregoing on
behalf of said corporation and limited liability company for the purposes stated therein.
WITNESS my hand and official stamp or seal, this 2k day of January, 2009.
My Commission Expires:
1 Oune 2615
MAW-2 FLIP
A.
OOTARD, m;
C
Lem PUBLlc �.•,
N

SUNSET POINTE AT HIGH ROCK LANCE
FIFTH AMENDMENT TO
DECLARATION OF COVENANTS,
CONDITIONS AND
RESTRICTIONS

THIS FIFTH AMENDEMENT TO the Declaration of Covenants,
Conditions and Restrictions for Sunset Pointe at High Rock, hereinafter
referred to as "Fifth Amendment" is made this 22"d day of January, 2011, by
High Rock Development Company, LLC.
WITNESSETH:
, WHEREAS, the Declarant previously recorded that Declaration of
Covenants, Conditions and Restrictions for Sunset Pointe at High Rock Lake,
recorded in Book 1052, Page 593, superseded by the Declaration of Covenants,
Conditions and Restrictions for Sunset Pointe at High Rock Lake, recorded in
Book 1053, Page 256, and First Amendment in Deed Book 1053, Page 725,
Second Amendment recorded in Deed Book 1065, Page 990, and Third
Amendment recorded in Deed Book 1070, Page 788, and Fourth Amendment
recorded in Deed Book 1073, Page 616, incorporated herein by reference;
AND WHEREAS, the Declarant desires to amend the Declaration to add
certain provisions, all as set forth herein:
AND WHEREAS, the property affected by this Amendment is as follows:
(1) ARTICLE I — (s)
Definitions
(s) Map — Map shall mean (i) the plats of Sunset Pointe at High Rock Lake
filed in Book of Maps, Book number 9995 at Page 5611, Sheets 1-6; Book
of Maps at Page 5744; Book of Maps at Page 5771, in the Office of the
Rowan County Register of Deeds, North Carolina in Book of Maps at
Page 5820; (ii) any filed plats of other portions of the Property described in
Article II, Section 1, for the purpose of subdividing those lands into Lots,
dedicating roadways or Common Area, or any other purpose; (iii) any filed
plats of Additional Property subjected to this Declaration and (iv) any
revisions of such filed map or maps.

(2) ARTICLE II
Property
Section 1. Description. The real property initially subjected to this
Declaration is shown on the Map recorded in Book of Maps 9995, at Page
5611, Sheets 1-6; Book of Maps at page 5744 Sheets 1-6; Book of Maps
at Page 5771, and Book of Maps at Page 5820, in the Office of the
Register of Deeds for Rowan County, and those areas labeled as
"Common Open Space".
NOW THEREFORE, the Declarant amends the Declaration as follows:
Section 14 is added to ARTICLE VII Assessments. Section 14 shall
read as follows:
The Owner of any lot shall pay a regular annual assessment for that lot;
however, any party owning more than one lot, if that additional lot or lots
are undeveloped and unimproved and not built upon, shall pay no more
than Y2 of a regular annual assessment for any and all of such vacant lots,
up to and including three additional lots, any owner with more than four
lots will pay no additional annual assessment for any owned lot more than
four lots, with the result that no party shall pay more than two and one-half
of a regular annual assessment, no matter how many undeveloped lots
are owned. A developed lot shall be defined as a lot for which a certificate
of occupancy has been -issued.
EXCEPT as amended by this Fifth Amendment, the Declaration shall be
and remain in full force and effect, and the Declaration, as amended by this Fifth
Amendment, is hereby incorporated by reference as if fully set out herein and re-
adopted in its entirety.
IN WITNESS WHEREOF, the undersigned, has caused these presents to be
executed in its company name by its duly authorized Manager this the 22"d day
of January, 2011. .
HIGH ROCK DEVELOPMENT COMPANY, LLC.
By:
Manager

STATE OF NORTH CAROLINA
COUNTY OF
I
a Notary Public in and for said
county and state, do hereby certify that
Manager of HIGH ROCK DEVELOPMENT COMPANY, LLC., personally
appeared before me this day and acknowledged the due execution of the
foregoing instrument on behalf of the company.
Witness my hand and official seal, this the day of
2011.
Notary Public
My Commission Expires:

#�
WA
NCDEN
North Carolina Department of Environment and Natural Resources
Pal McCrory John E. Skvarla, III
Governor Secretary
December 11, 2014
DFBORAH R. ScoTT - PRESIDENT
SUNSET POINTE.ON HIGH ROCK HOA, LLC
522 SUNSET POINTE DRIVE
SALISBuRy,,NORTH CAROLINA 28146-5703
Subject:. Permit No. WQ0029635
Sunset Pointe WWTP
Wastewater Irrigation System
Rowan County
Dear Ms. Scott:
Inaccordancewith your pernvt renewal request received August 26, 201.4, and subsequent
additional information received October 21, 2014, we are forwarding herewith Permit No_ WQ0029635
dated December 11, 2014, to Sunset Pointe on High Rock HOA, LLC for the continued operation of the
subject wastewater treatment and irrigation facilities. Please note that this renewed permit shall become
effective on March 1, 2015 (i.e the day after the expiration date of the existing permit), which differs
from the date of this letter.
This permit shall be effective from March 1, 2015 until February 29, 2020, shall void Permit No.
WQ0029635 issued December 1.3, 2011; and shall. be subject to the conditions and limitations as specified
therein. Please pay particular attention to the monitoring requirements listed in Attachments A, B and C
.for they may, differ from the previous permit issuance, Failure to establish an adequate system for
collecting and maintaining the requited operational information shall result in future compliance
problems.
For your convenience, customized electronic copies of your facility's. NDMR and NDAR-1
reporting forms are available for download at: http://portaLncdenr.org/web/wqlaps/Iau/reporting.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit_ This request shall 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 at 6714 Mail
Service Center, Raleigh, NC 27699-6714. Unless such demands,. are made, this permit shall be final and
binding.
Please note the following attachment has been modified since the last permit issuance dated
December 13, 2011:
➢ Attachment C —The monitoring frequency for the parameters listed in Attachment Chas been
reduced from 3 x Year to Annually.
1636 Mail Service Center, Raleigh, North Carolina 27,699-1636
Phone: 91$-807-64641Inte6)t h611portalmdenr.orolwebhvg
An Equal Opportunity \ Atf rmafve' Aclioo,Employer-.Made in pail wriih recycled: paper

Ms. Deborah,R. Scott
December-] 1,10:14
Page 2 of 2
If you, need additional information concerning this permit, please contact Nathaniel Thornburg: at
[phone] or nathaniel thornburg@..ncdenr.gov.
Sincerely,
/hor;:as �der, Director
Division of Water Resources
cc: Rowan County Health Department, (Electron ic Copy)
Mooresville.Regional Office, Water Quality: Regional Operations Section (Electronic:Copy)
Central, Files
Digital Permit Archive (Electronic Copy)

NORTH CAROLINA
IENYIRONTWNTAI_ MANAGEMENT COMMISSION
RALEIGH
WASTEWATER IRRIGATION SYSTEiV PERMIT
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
Sunset Pointe on High Rock HOA, LLC
Rowan. County
FOR THE
continued operation. of a 75,000 gallon per day (GPD) wastewater treatment and irrigation facility
consisting of:
a 1,500 gallon baffled septic tank at each residence (I06 four bedroom homes; 37 three bedroom patio
homes, and 3.6 two bedroom condominiums); an influent flow meter;. three flow splitter boxes; four
20,000 gallon recirculation tanks serving; 16 Advantex AX'-100 textile filters; ultraviolet (UV)
disinfection; an 89,000 gallon pump tank with 298.4 gallon per minute (GPM). pumps; -a permanent
auxiliary power source; -a 591,256 cubic foot (W)-synthetically lined wet weather storage pond; 34.7 acres
of drip irrigation. area consisting of 1.4 fields; and all associated valves, piping, controls and appurtenances
to serve Sunset, Pointe Subdivision, with no discharge of wastes to surface waters, pursuantto the
application received August 26, 2014, and subsequent additional information received by the Division of
Water Resources, and in conformity with the project plans,, specifications, and other supporting. data
siibsequently filed and approved by the. Department of Environment and Natural Resources and
considered a part of this permit.
This permit shallbe effective from March 1, 2015 until February 29, 2020, shall. void Permit No.
WQ0029635' issued: December 13, 2011, and shall be subject to the following specified conditions and.
limitations:
L SCHEDULES
1. Based on the current configuration of the effluent flow meter and the. low average. daily flows (ADF),
the Permtttee may conduct a monthly estimate. of their effluent flow values. These values shall be
reported on their Non -Discharge Monitoring Report (N:.DMR) as required in Condition IV.7. Upon
reaching a. monthly ADF of'8,000 gallons per day (GPD) and prior to exceeding an ADI~ of 9,000
GPD; the Perrrtittee shall 'submit a permit modification to the Division for the construction and
operation of a continuous monitoring and recording effluent flow meter. This permit modification
shall include plans and specifications for the proposed effluent; flow meter, and be signed,, sealed'
-and
dated by a licensed North. Carolina Professional Engineer. This permit modification shall be
submitted to :the Division of Water Resources,. Water Quality Permitting Section, '1636 Mail Service
Center, Raleigh? NC 27693-1636.
WQO.029635 Version' 2 0 Shell Version 1407Q7 Page i of 8

2. No. later than six months prior to the expiration ofthis permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
Adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A.
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal
application. In accordance with Rule 15A NCAC 02T .0115, the Permittee shall submit a copy of the
declarations and bylaws documenting compliance with the attached Operational Agreement.
1. The subject non -discharge facilities shall be effectively maintained and operated, at all times so there
is no discharge to surface waters, nor any contravention of groundwater or surface water standards.
In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions
due to improper operation and maintenance, or failure of the irrigation areas to adequately assimilate
the effluent, the Permittee shall take immediate corrective actions including Division required actions,
such as the construction of additional or replacement wastewater treatment or irrigation facilities..
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or
surface water resulting from the operation of this facility.
3. All wells constructed for purposes of groundwater monitoring shall be constructed in accordance with
1 SA NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other
jurisdictional laws and regulations pertaining to well construction..
4. Effluent quality shall not exceed the limitations specified in Attachment A.
5. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in
Attachment B.
6. The Operational Agreement (attached) between the Permittee and the Environmental Management
Commission. is incorporated herein by reference and shall be a condition of this permit.
Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all
sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of
or failure to act in accordance with the terms and conditions of this permit.
7. The irrigation system shall be connected to a rain or moisture sensor; which shall indicate when
effluent application is not appropriate in accordance with Conditions III.. and II1.5.; of this permit.
8. The compliance boundary for the disposal system shall be specified in accordance with. 15A NCAC
02L .0107(b). "This disposal. system was individually permitted on or after December 30, 1983;
therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or
50 feet within the property boundary, whichever is closest to the effluent disposal area. An
exceedance of groundwater standards at or beyond the compliance boundary is sub}ectto remediation
action according to 1.5A: NCAC 02L .0106(d)(2) as well as enforcement actions in accordance. with
North Carolina General Statute 1.43-215.6A,through 143-215.6C.
9. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the
compliance boundary and the effluent disposal area: Any exceedance of groundwater standards at the
review boundary shall require action in accordance with 15A NCAC 02L .0:106.
10. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary.
H. In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved, monitoring
wells, shall be constructed within the compliance boundary except as provided for in 1 SA NCAC 02L
.0107(g)-
WQ0029635 Version 2.0 Shell Version 140707 Page 2 of 8

12. Except as provided for in I5A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is
not the Permittee and owns land within the compliance boundary shall execute and file with the
Rowan County Register of Deeds an easement running with the land containing the following items:
a. A notice ofthe permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1);
b. Prohibits construction and operation of water supply wells within the compliance boundary; and
c. Reserves the right of the Permittee or the State to enter the property within the compliance
boundary for purposes related to the permit.
The Director may terminate the. easement when its purpose has been fulfilled or is no longer needed.
13. The facilities permittedherein shall be constructed according to the following setbacks:
a. The setbacks for irrigation sites permitted under ISA NCAC 02H .0200 shall be as follows (all
distances in feet):
i. Any habitable residence or place of publicassemblyunder. separate ownership: 1.00
ii. Surface waters: 50
iii. Any well with exception of monitoring wells: 100
iv. Any property line: 5Q
v. Public right of way: 50
b. The setbacks for storage and treatment units permitted under 15A. NCAC 0214 .0200 shall be as
follows (all distances in feet):;
i. Any well with exception of monitoring wells: 100
ii. Any property line: 50
M.. OPERATION AND MALNTElNANCE REQUIREMENTS
1. The facilities shall be properly maintained' and operated at all times. The facilities shall. be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater
resulting from the operation of this facility. The Permittee shall' maintain an Operation and
Maintenance Plan pursuant to 15A NCAC 02T .0507, which at a minimum shall. include operational.
functions, maintenance schedules, safety measures and a spill response plan.
Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC):
classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the.
Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or
more certified operator(s) as back-up ORC(s). The OR.0 or their back-up shall visit the facilities in
accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the
previously cited rules.
A suitable year round vegetative cover shall be maintained at all times, such that crop health is
optimized, allows for even distribution of effluent and allows inspection of the irrigation. system. The
large scale harvesting of trees located within the sites listed in Attachment B is discouraged. Any
cutting of trees shall be done in a manner to minimize damage to drip irrigation lines. Irrigation on
the sites listed in Attachment 13 is prohibited during harvesting operations. Upon completion .of
harvesting, the Permittee shall inspect all drip irrigation Iines and shall makethe necessary, repairs
prior to resuming wastewater irrigation.
4. Adequate measures shall be taken to prevent effiuent'ponding in or runoff from the irrigation sites
listed in Attachment B.
5'. Irrigation shall not be performed during: inclement weather or when the ground is in,a condition. : that
will cause ponding or runoff.
WQ0029S�5 Version 2.0 Shell.Version 140707 Page 3 of 8

6. All irrigation equipment shall be tested and calibrated at least once per permit cycle. Calibration
records shall be maintained at the facilityfor a period of no less than five years, and shall be made
available to the Division upon request.
7. Only effluent from the Sunset Pointe WWTP shall be irrigated on the sites listed in Attachment B.
8. No automobiles or machinery shall be allowed on the irrigation sites except during equipment
installation or while maintenance is being performed.
9. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited.
10. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in
accordance with 1.5A NCAC 02T .1100, The Permittee shall maintain a residual management plan
pursuant to .1.5A NCAC 02T .0508.
11. Diversion or bypassing of untreated' or partially treated wastewater from the treatment facilities is
prohibited.
12. Freeboard in the. Wet weather storage pond shall not be less than two feet at any time.
13. A gauge to monitor waste levels in the wet weather storage pond shall be provided. This gauge shall.
have readily visible permanent markings, at inch or tenth of a foot increments, indicating the
following elevations: maximum liquid level at the top of the temporary liquid storage volume;
minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on.
top of the dam.
14. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e.,.
outside toe of embankment to maximum allowable temporary storage elevation on the inside of the
embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs,
and other woody vegetation shall not be allowed' to grow on the earthen dikes or embankments.
Earthen embankment areas shall be kept mowed or otherwise controlled and accessible.
IV. MONITQR1iNG AND REPORTING REQUIREMENTS
1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water
analyses) necessary to ensure groundwater and surface water protection shall be established, and an
acceptable sampling reporting schedule shall be followed.
2. Per I5A NCAC 0211 _0800, a Division certified laboratory shall conduct all laboratory analyses for
the .required effluent, groundwater or surface water parameters.
3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be
reported on Form NDIMR.
The Permittee shall install and maintain an appropriate flow measurement device to ensure the
accuracy and reliability of flow measurement consistent with accepted engineering and scientific
practices. Selected flow measurement devices shall be capable of measuring flows with a maximum
deviation of less than ten percent from true flow; accurately calibrated at a minimum of once per year;
and maintained to ensure the accuracy of measurements is consistent with the selected device's
accepted capability. The Permittee shall maintain records of flow measurement device calibration. on
file for a period of at least five years. At.a minimum, documentation shall include:
a. Date of flow measurement device calibration,
b. Name of person performing calibration, and
c. Percent from true flow.
W.Q0029635 Version 2.0 Shell Version 140707' P'ageA of 8

4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for
the parameters specified in Attachment A.
5. The. Permittee shall maintain adequate'records tracking the. amount of effluent irrigated. At a
minimum, these records shall include- the following, information for each irrigation site listed in
Attachment B:
a. Date of irrigation;
b. Volume of effluent irrigated;
c. Site irrigated;
d. Length of time site is irrigated,
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings;
f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B;
g. Weather conditions, and.
h. Maintenance of cover crops.
6. Freeboard (i.e., waste level to the lowest embankment elevation) in the wet. weather storage pond
shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard
records shall be maintained at the facility for a period of no less than five years, and shall be made
available to -the Division upon request.
7. Three copies of all monitoring data (as specified in. Conditions IV.3_ and IVA.) on Form NDMR for
each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and
IV.6.) on Form NDAR-I for every site in Attachment B shall be submitted on. or before the last day of
the following month. If no activities occurred during the monitoring month, monitoring reports are
still required documenting the absence of the activity. All information shall be submitted to the
following address:
Division of Water Resources
Information Processing. Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
8. A record shall be maintained of all residuals removed from this facility, This record shall be
maintained at the facility for a period of no less than five years; and shall be made available to the
Division upon request. At a minimum, this record. shall include:.
a. Name of the residuals hauler;
b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals;
c. - Date the residuals were hauled; and
d. Volume of residuals removed.
9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for
a period of no less than five years, and shall be made available to the Division upon request. At a
minimum, this log shall include:
a. Date of calibration of flow measurement device;
b. Visual observations of the plant.and plant site; and
c. Record of preventative maintenance (e.g., cliangirzg of equipment, adjustments, testing,
inspections and cleanings; etc.).
10. Monitoring wells shall be sampled at the frequencies and for the parameters specified in Attachment
C. All mapping, well construction fonns well abandonment forms and monitoring data shall refer to
the permit number and the well nomenclature as provided in. Attachment C and Fi ure 1.
WQ0020635'Version 2.0 Shell Version 140707 Page 5 of 8

1.1. Two copies of the monitoring well sampling. and analysis results shall be submitted -on a Compliance
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-
59) shall include this permit number, the appropriate well identification number, and one GW-59a
certification form shall be submitted with each set of sampling results. All information shall .be
submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
12. An annual representative soils analysis (i.e., Standard Soil. Fertility Analysis) shall be conducted on
each irrigation site listed in Attachment B. These results shall be maintained at the facility for a
period of no less than five years, and shall be made available to the :Division upon request. At a
minimum, the Standard Soil Fertility Analysis shall include the following parameters:
Acidity
Exchangeable Sodium Percentage
Phosphorus.
Base Saturation (by calculation)
Magnesium
Potassium
Calcium.
Manganese
Sodium
Cation Exchange Capacity
Percent Hurnic Matter
Zinc
Copper
pH
13. Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704)
663-1699, as soon as possible, but in no case more than 24 hours, or on the next working day
following the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the facility resulting in the treatment of significant amounts of wastes that is
abnormal in quantity or characteristic, including the known passage of a hazardous substance.
b. Any process unit: failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons,
rendering the facility incapable of adequate ,wastewater treatment.
c. Any facility failure resulting in a by-pass directly to receiving surface waters.
d. Any time self -'monitoring indicates the facility has. gone out of compliance with its permit
limitations.
e., Ponding in or runoff from the irrigation sites.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a. storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency
Response personnel at telephone number [phone]; (80.0) 858-0368; or [phone].
Persons reporting such occurrences by telephone shall also file a written report in letter form within
five days following first knowledge of the occurrence. This report shall outline the actions taken or
proposed to be taken to ensure the problem does not recur.
WQ0029635 Version2.0 Shell' Version'140767 Page: 6 of&

V. INSPECTIONS
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
wastewater treatment and irrigation facilities.
The Permittee or their designee shall inspect the wastewater treatment and irrigation facilities to
prevent malfunetions, facility deterioration and operator errors resulting in discharges, which may
cause the release of wastes to the environment, a threat to human health or a public nuisance. The
Permittee shall maintain an inspection log that includes, at a_ minimum, the date and time of
inspection, observationsmade, and any maintenance, repairs, or corrective actions taken. The
Permittee shall maintain this inspection log for a period of five years from the date of the inspection,
and this log shall be made available to the Division upon request.
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises- or place on or related to the wastewater treatment and irrigation facilities
permitted herein at any reasonable time for the purpose of determining compliance with this permit;
may inspect or copy any records required to be maintained under the terms and: conditions of this
permit, and may collect groundwater, surface water or leachate samples.
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to
an enforcement action by the Division in accordance with. North Carolina General Statutes 143-
215.6A to 143-215.6C.
2. This permit shall become voidable if the permitted facilities are not constructed in accordance with
the conditions of this permit, the Division approved plans and specifications, and other supporting
documentation.
3. This permit is effective only with respect to the .nature and volume of wastes described in the permit
application, Division approved plans and specifications, and other supporting documentation. No
variances to applicable rules governing the construction or operation of the permitted facilities are
granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T
.0105(n).
4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies .
(e.g., local, state, and federal). Of particular concern to the Division. are applicable river buffer rules
in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4
and wider General Permit NCG010000; any requirements pertaining to wetlands under 15A NCAC
0213 .0200' and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of
the General Statutes.
5. In the event the permitted facilities change ownership or the Permittee changes their name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate property ownership documentation and other supporting
documentation_ as necessary. The Permittee of record shall remain fully responsible for maintaining
and operating the facilities permitted herein until a permit is issued to the new owner.
6 The Permittee shall retain a set of Division approved plans and specifications for the life of the
facilities permitted_ herein.
7. The Permittee shalt maintain this -permit until all permitted facilities herein are properly closed or
permitted under. another permit issued by the appropriate permitting authority pursuant to 15A, NCAC
02T .01050).,
WQ0029635 Version 2.0• Shell Version.140707 Page 7 of 8

8. This permit is subject to revocation or unilateral .modification upon 60 days notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T .0110.
9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein
shall not be granted if the Permittee exemplifies any of the criteria in .15A NCAC 02T .0120(b).
10. The Permittee shalt pay the annual fee within 30 days after being billed by the Division.. Failure to
pay the annual fee accordingly shall be cause for the Division to revoke this permit pursuant to 15A
NCAC 02T .0105(e)(3).
Permit issued. this the 119' day of December 2014
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
T mas eeder, Director
ivision of Water Resources By Authority of the Environmental Management Commission
Permit: Number WQ0029635
WQQ029635 Version2 0 Shell Version._ 1.40707 „ Page 8 of 8

ATTACHMENT A -- LIMITATIONS AND MONITORING REQUIREMENTS
PPI 001— WWTP, Effluent
Permit Number: WQ0029635 Version; 2.0
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORIi`1G REQUIREMENTS
PCS
Code
Parameter Description
e
Units of
Monthly
Monthly
Daily Minimum Daily Maximum
Measurement
Sample
Measure
:Average
Geometric Mean
Frequency
Type
00310
BOD, 5-Day (20 °C)
mg/L
Monthly
Grab
00940
Chloride (as Cl)
mgJL
3 x Year
Gran
31616
Goliform, Fecal MF, M-F'C Broth, 44.5 °C
trt100 mL�
"
Monthly z
Grab
50050
Flow, in Conduit or thru Treatment Plant
GPD
75,000
Monthly 3 J Continuous a
Estimate /Recorder
00610
Nitrogen, Ammonia Total (as N)
mg/L
Monthly
Grab
00625
Nitrogen,1 jeldahl, Total (as N)
mg/L
Monthly
Grab
00620
Nitrogen, Nitrate Total (as N)
mg/L
Monthly
Grab
00400
pH
su
Weekly' / 5x Week a
Grab
00665
. Phosphorus, Total (as P)
mg/l,
1 1
Mnnthly,
Grab
70300
Solids, Total Dissolved— 180 °C
mg/L
3 x Year i
Grab
00530
Solids, Total Suspended
mg/L
'
Monthly
Grab
1.. 3 x Year sampling shall be conducted every March, July and November.
2. Monthly average for Fecal Coll'form shall be a geometric: mean.
3. While the monthly average daily flow (ADF) is less than 10,000 gallons per day (GPD), tits Perrnittee shall sample flow (50050) monthly, and pl•I (00400) weekly,
4, When the monthly ADF exceeds 10,000 GPD, the Permittec shall sample flow (50050) on a continuously, and pl-f (00400) live times per week.
Attachment A
Page 1 of I

THIS PAGE BLANK

ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS
Sunset Pointe on High Rock HOA, LLC - Sunset Pointe WWTP
Permit Number: WQ0029635 Version: 2.0
IRRIGATION AREA INFORMATION
APPLICATION LIMITATIONS
kield
Owner
County
Latitude
Longitude
Net
Acrea a
Dominant
Soil Series
Parameter
Hourly
Rate
Yearly
Max
Units
I
Sunset Pointe on high Rock ROA; LLC
Rowan
35.6744281
-80,3536091
2.5
Mecklenburg
01284 - Non -Discharge Application Rate
0.3
40.27
inches
2
Sunset Pointe on High Rock HOA, LLC
Rowan
35.674421°
-80.354332'
2.5
Mecklenburg
01284 - Non -Discharge Application Rate
0.3
40.27
inches
3
Sunset Pointe on High Rock HOA, LLC
Rowan
35.6744341
-80.355083'
2.5
Mecklenburg
01284 - Non -Discharge Application Rate
_
0.3
40.27
inches
41
_ - ---
Sunset Pointe on High Rock HOA,, LLC
Rowan
35.675558'
....... .... ............. _.
-80.3553000
2.6
Mecklenburg
01284 - Non -Discharge Application Rate
03
40.27
inches
51
Sunset Pointe on High Rock HOA, LLC
Rowan
35.674567'
-80,355797'
2.5
Mecklenburg
j 01284 - Non -Discharge Application Rate
0.3
40.27
inches
61,
Sunset Pointe on High Rock HOA, LLC
Rowan
35.6762321
-80.355560°
2.4
Mecklenburg
01284 - Non -Discharge Application Rate
0.3
40.27
inches
71
Sunset Pointe on High Rock HOA, LLC
Rowan
35.67624911
-80.356998'
2.4
Mecklenburg
01284 - Non -Discharge Application Rate
0.3
40.27
inches
81
Sunset Pointe on High Rock HOA, LLC
Rowan
35.675637'
-80.357269'
2.5
Mecklenburg
01284 -Non-Discharge Application Rate
0.3
40.27
inches
9 r•
Sunset Pointe on High Rock HOA, LLC
Rowan
35.674862°
-80.3572280
2.5
Mecklenburg
01284 -Non-Discharge Application Rate
...
0.3
40.27
inches
101
Sunset Pointe on High Rock HOA, LLC
Rowan
35.674390'
-80,3569831
2.5
Mecklenburg
................
01284 -Non-Discharge Application Rate
0.3
40.27
inches
11
Sunset Pointe on High Rock HOA, LLC
Rowan
35.673073'
-80.3550631
2.5
Mecklenburg
01284 -Non-Discharge Application Rate
0.3
40.27
inches
12
Sunset Pointe on High Rock HOA, LLC
Rowan
35.673060'
-80.354337'
2.5
Mecklenburg
01284 - Non -Discharge Application Rate
0.3
40.27
inches
13
Sunset Pointe on High Rock HOA, LLC
Rowan
35.672005'
-80,353711'
2.7
Mecklenburg
01284- Non -Discharge Application Rate
0.3
40.27
inches
14
Sunset Pointe on High Rock HOA, LLC
Rowan
35.6720910
-80.35478P
2.1
Mecklenburg
01284 - Non -Discharge Application Rate
0.3
40.27
inches
Totals
34.7
1. Please.rt6te that all of Fields 7, 8 and 9, as well as portions of Fields 4, 5, 6 and 1.0 are located on land (Parcel 4606 070) not owned by the Permittee. However, an easement has been granted to
allow the use of this land for the subject wastewater irrigation system. 1-his easement is recorded in the Rowan County Register of Deeds in Book 9995 Page 6479.
WQ0029635 Version 2.0 Attachment B Page 1 of i

ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS
Monitoring wells: MW-1, MW-2 and MW-3
Permit Number: WQ0029635 Version: 2.0
GROUNDWATER CHARACTERISTICS
GROUNDWATER STANDARDS
MONITORING REQUIREMENTS
PCS Code
Parameter Description
Daily Maximum
Frequency Measurement
Sample Type
Footnotes
00940
Chloride (as Cl)
250
mg/L
Annual
Grab
1,5
31616
Coliform, Fecal MF, M-F'C Broth, 44.5 °C
#/100 mL,
Annual
Grab
1,5
00610
Nitrogen, Ammonia Total (as N)
1.5
mg/L
Annual
Grab
1,5
00620
Nitrogen, Nitrate Total (as N)
10
mg/L
Annual
Grab
1,5
00400
pH
6.5-8.5
su
Annual
Grab
1, 2, 5
70300
:Solids, Total Dissolved - 180 °C
500
mg/L
Annual
Grab
1,5
82546
Water level, distance from measuring point.
-ft
Annual
Calculated
1, 2, 3, 5
1. 3 x Year, monitoring shall be conducted in March, July & November; Annual monitoring shall be conducted every November.
2. The measurement of water levels shall be made prior to purging the wells, The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement
of pH shall be made afler purging and prior to sampling for the remaining parameters.
3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top
of casing) of all monitoring wells shall be surveyed relative to a common datum.
4. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 1 and this attachment.
5. Please note that monitoring wells MW-1 and MW-2 are located on land (Parcel .4606 070) not owned by the Peimittee. However, an easement has been granted to allow the use of this land for
the subject wastewater irrigation system. This easement is recorded in the Rowan County Register of Deeds in Book 9995 Page 6479.
WQ0029635 Version 2.0 Attachinent C Page I of I

Figure 2 -- Directional Map
WQ0029635
Sunset Pointe on High Rock HQA, LLC
Sunset Pointe Subdivision
adkin
r' K 2
Rd
LZ6S
Rd
3 y
e
dk. fr 1 ��...
1
,h id. p S
ti�

Figure 3'—Topographic Map
WQ0029635 Sunset Pointe, Salisbury, NC 28146
Sunset Pointe on High Rock HOA, LL.0 - - Latitude: 35.676131'
Sunset Pointe Subdivision r Longitude:-80.35451.9'
'
1 � � fi °„Y`,� # r � d�* r 1i =.
� w�'�
E � 1 , .✓ �y, : }�.^b Y,�' fr'`�
t. rvwW.YwlPrma.con+
txn {

STATE OF NORTH CAROLINA
COUNTY OF Permit.No. i:. Q QQg 9 b 3 ,�S'
OPERATIONAL AGREEMENT.
This AGREEMENT made pursuant to G.S.143-215.1 (dl) and entered into this _ f2=0 day of
y q U Si , n 1 L , by and between the North Carolina Environmental, Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
5 k M SA_ rye c = 1r. \—tr.fit 1-�cA L_ L Q a non-profit corporation organized
and existing under and by virt& of the laws of the State of North Carolina, hereinafter known as the
ASSOCIATION.
WITNESSETH:
The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and
business of the development known as � e14te_I'll
(hereinafter the Development); of operating, maintaining, re-constrd6ting and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
systemwith pumps, wastewater treatment works, and/or disposal facilities (hereinafter .Disposal System);
and of collecting dues and. assessment to provide funds for such operation, maintenance, re-constnicdon
and repair.
2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and/or operate the Disposal System.
4. The Development was created subject to unit ownership in the dwellings units; other improvements and
lands through filing of a Declaration of. Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C of the North Carolina General Statutes.
5. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and pen -nit provisions in order to protect the
quality of the waters of the State and the public interest therein,
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows:
1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to
the Disposal System in accordance with the permit and plans and specifications hereafter issued and
approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and
facilities in accordance with applicable permit provisions and Iaw.
2. The ASSOCIATION shall provide in the Declaration and. Association Bylaws that the .Disposal System
and appurtenances thereto are part of the common elements andshall thereafter be properly maintained
and operated in conformity with law and the provisions of the permit for construction, operation,, repair,
andmaintenance of the system and facilities. The Declaration and Bylaws shall identify the entire
wastewater treatment; collection and disposal system as a common element, which will receive the highest
priorityfor expenditures by the Association except for Federal, State; and _local taxes and insurance.
FORM: HOA 68-13. Rage I oft

WATER QUALITY REGIONAL OPERATIONS-S CTION:;
APPLICATION REVIEW REQUEST FORM ' !
2014 `.._.
Date: August 29, 2014
/ To: • -W • is aE ar .e / 1, .r ` - i,�
From: Nathaniel Thornburg, Water Quality Permitting Section - Non -Discharge Permitting Unit
Telephone: [phone] Fax: [phone] E-Mail. [e-mail]
A. Permit Number: WQ0029635
B. Applicant: Sunset Pointe on High Rock HOA, LLC
C. Facility Name: Sunset Pointe Subdivision
D. Application:
Permit Type: Wastewater Irrigation
Project Type: Renewal
E. Comments/Other Information:
❑ I would like to accompany you on a site visit.
Attached, you will find all information submitted in support of the above -referenced application for your
review, comment, and/or action. Within 45 calendar days, please take the following actions:
® Return a completed WOROSARR Form.
❑ Attach a classification rating sheet.
❑ Attach Attachment B for Certification.
® Return a completed WQROSSR Staff Report
❑ Attach Well Construction Data Sheet.
❑ Issue an Attachment B Certification.
When you receive this request form, please write your name and dates in the spaces below, make a copy
of this sheet, and return it to the appropriate Central Office Water Quality Permitting Section contact
person listed above.
RO-WOROS Reviewer: Ct,���l[k Date: gF/S //Q/
FORM: WQROSARR 02-14
Page 1 of 1

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
DEBORAH R. SCOTT —PRESIDENT
SUNSET POINTE ON HIGH ROCK HOA, LLC
522 SUNSET POINTE DRIVE
SALISBURY, NORTH CAROLINA 28146-5703
Dear Ms. Scott:
John E. Skvarla, III
August 29, 2014
SEP 3 2014
Subject: Acknowledgement of
Application No. WQ0029635
Sunset Pointe Subdivision
Wastewater Irrigation System
Rowan County
The Water Quality Permitting Section acknowledges receipt of your permit application and
supporting documentation received on August 26, 2014. Your application package has been assigned the
number listed above, and the primary reviewer is Nathaniel Thornburg.
Central and Mooresville Regional Office staff will perform a detailed review of the provided
application, and may contact you with a request for additional information. To ensure maximum
efficiency in processing permit applications, the Division of Water Resources requests your assistance in
providing a timely and complete response to any additional information requests.
Please note that processing standard review permit applications may take as long as 60 to 90 days
after receipt of a . complete application. If you have any questions, please contact
Nathaniel Thornburg at [phone] or [e-mail].
cc:
Sincerely,
r
on isgaard, Supervisor
Division of Water Resources
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone]Internet: http://Portal.ncdenr.ora/web/wa
An Equal Opportunity 1 Affirmative Action Employer— Made in part with recycled paper

State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
D,W—
,R`�" NON -DISCHARGE SYSTEM RENEWAL
Division of Water Resources FORM: NDSR 11-13
L PERMITTEE INFORMATION:
1. Permittee's name: Sunset Pointe on HiahRock HOA,LLC
2. Signature authority's name: Deborah R. Scott per 15A NCAC 02T .0106(b) Title: President
3. Permittee's mailing address: 522 Sunset Pointe Drive
City: Salisbury State: NC Zip: 28146-5703
4. Permittee's contact information: Phone number: 704 63 8-25 10 Email Address: [e-mail]
H. FACILITY INFORMATION:
1. Facility name: Sunset Pointe SD
2. Facility's physical address: 7460 Goodman Lake Road
City: Salisbury State: NC Zip: 28146- County: Rowan
III. PERMIT INFORMATION:
1. Existing permit number:. WQ0029635 and most recent issuance date: December 13,2011
2. Existing_permit type: Wastewater Irrigation
3. Has the facility been constructed? ® Yes or ❑ No
4. Demonstration of historical consideration for permit approval -15A NCAC 02T .0120:
Has the Applicant or any parent, subsidiary or other affiliate exhibited the following?
a. Has been convicted of environmental crimes under Federal law or G.S. 143-215.613? ❑ Yes or ® No
b. Has previously abandoned a wastewater treatment facility without properly closing that facility? ❑ Yes or ® No
c. Has unpaid civil penalty where all appeals have been abandoned or exhausted? ❑ Yes or ® No
d. Is non -compliant with an existing non -discharge permit, settlement agreement or order? ❑ Yes or ® No
e. Has unpaid annual fees in accordance with 15A NCAC 02T .0105(e)(2)? ❑ Yes or ® No
Applicant's Certification per 15A NCAC 02T .0106(b):
I,
Authority's name & title from Application Item I.2.)
Su,-,SeA F r;,,. l e ---) 1:)
(Facility name from Application Item U.1.)
attest that this application for
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that any discharge of wastewater
from this non -discharge system to surface waters or the land will result in an immediate 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 package are not completed and that
if all required supporting information and attachments are not included, this application package will be returned to me as incomplete.
I further certify that the Applicant or any affiliate has not been convicted of an 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 do not have any overdue annual fees per 15A NCAC 02T .0105(e).
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 shall 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.
Signature: h - :���'' - Date:
FORM: NDSR 11-13 Page 1 of 1

STATE OF NORTH CAROLINA
COUNTY OF -Ro L-il Fl,J Permit No. W Q Q 0 a91a 3 _iS_
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day of
u G �_l 5� by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
v\S V Q "r4e " ► h�tclt 1 l-.L Q- a non-profit corporation organized
and existing under and by virt& of the laws of the State of North Carolina, hereinafter known as the
ASSOCIATION.
WITNESSETH:
The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and
business of the development known as
(hereinafter the Development); of operating, maintaining, re-constrd&ing and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction
and repair.
2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and/or operate the Disposal System.
4. The Development was created subject to unit ownership in the dwellings units, other improvements and
lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C of the North Carolina General Statutes.
5. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows:
1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to
the Disposal System in accordance with the permit and plans and specifications hereafter issued and
approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and
facilities in accordance with applicable permit provisions and law.
2. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System
and appurtenances thereto are part of the common elements and shall thereafter be properly maintained
and operated in conformity with law and the provisions of the permit for construction, operation, repair,
and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire
wastewater treatment, collection and disposal system as a common element, which will receive the highest
priority for expenditures by the Association except for Federal, State, and local taxes and insurance.
FORM: HOA 08-13 Page 1 of 2

3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System
will be maintained out of the common expenses. In order to assure that there shall be funds readily
available to repair, maintain, or construct the Disposal System beyond the routine operation and
maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of
the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the
facility and shall be part of the yearly budget.
4. In the event the common expense allocation and separate funds) are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made
as necessary at any time.
If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit may require as condition of accepting the Development's wastewater.
6. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall
provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution
without first having transferred its said system and facilities to some person, corporation or other entity
acceptable to and approved by the COMMISSION by the issuance of a permit.
7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
ASSOCIATION's successor.
The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and
operation of the Disposal System.
9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration
is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of
the Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION
Thomas A. Reeder, Director
Division of Water Resources
(Date)
FORM: HOA 08-13
t Po�i� o.. t`4kpb t��ck +©A LLC_
Name of ASSOCIATION
B A,.—lz Aea�
(Signature)
Print Name and Title
`,
(Date)
Page 2 of 2

NORTH CAROLINA
I.
ENVIRONMENTAL MANAGEMENT COMMISSION
RECEIVED/DENR/QWR
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH AUG 26 2014
Water Quality
WASTEWATER IRRIGATION SYSTEM PERMIT Pernlitting Section
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
Sunset Pointe on High Rock H®A, LLC
Rowan County
FOR THE
continued operation of a 75,000 gallon per day (GPD) wastewater treatment and irrigation facility
consisting of:
a 1,500 gallon baffled septic tank at each residence (102 four bedroom homes and 100 two bedroom
condominiums); an influent flow meter; three flow splitter boxes; four 20,000 gallon recirculation tanks
serving; 16 Advantex AX-100 textile filters; ultraviolet (UV) disinfection; an 89,000 gallon pump tank
with 298.4 gallon per minute (GPM) pumps; a permanent auxiliary power source; a 591,256 cubic foot
(ft) synthetically lined wet weather storage pond; 34.7 acres of drip irrigation area consisting of 14 fields;
and all associated valves, piping and appurtenances
to serve Sunset Pointe Subdivision, with no discharge of wastes to surface waters, pursuant to the
application received July 13, 2011, and subsequent additional information received by the Division of
Water Quality, and in conformity with the project plans, specifications, and other supporting data
subsequently filed and approved by the Department of Environment and Natural Resources and
considered a part of this permit.
This permit shall be effective from the date of issuance until February 28, 2015, shall void Permit No.
WQ0029635 issued March 27, 2006, and shall be subject to the following specified conditions and
limitations:
SCHEDULES
1. Based on the current configuration of the effluent flow meter and the low average daily flows (ADF),
the Pertittee may conduct a monthly estimate of their effluent flow values. These values shall be
reported on their Non -Discharge Monitoring Report (NDMR) as required in Condition IV.7. Upon
teaching a monthly ADF of 8,000 gallon.S-p-excla..y (C�and prior to exceeding an ADF of 9,000
GPD, the Permittee shall submit a permit modification to the Division for the construction an —
operation of a continuous monitoring and recording effluent flow meter. This permit modification
shall include plans and specifications for the proposed effluent flow meter, and be signed, sealed and
dated by a licensed North Carolina Professional Engineer. This permit modification shall be
submitted to the Division of Water Quality, Aquifer Protection Section, 1636 Mail Service Center,
Raleigh, NC 27699-1636.
WQ0029635 Version 1.1
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II.
2. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations, as it may deem appropriate. Please note Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal
application. In accordance with Rule 15A NCAC 02T .0115, the Permittee shall submit a copy of the
declarations and bylaws documenting compliance with the attached Operational Agreement.
PERFORMANCE STANDARDS
The subject non -discharge facilities shall be effectively maintained and operated at all times so there
is no discharge to surface waters, nor any contravention of groundwater or surface water standards.
In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions
due to improper operation and maintenance, or failure of the irrigation areas to adequately assimilate
the effluent, the Permittee shall take immediate corrective actions including Division required actions,
such as the construction of additional or replacement wastewater treatment or disposal facilities.
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or
surface water resulting from the operation of this facility.
3. All wells constructed for purposes of groundwater monitoring shall be constructed in accordance with
15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other
jurisdictional laws and regulations pertaining to well construction.
4. Effluent limitations shall not exceed those specified in Attachment A.
5. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in
Attachment B.
6. The Operational Agreement (attached) between the Permittee and the Environmental Management
Commission is incorporated herein by reference and shall be a condition of this permit.
Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all
sanctions provided by North Carolina General Statutes § 143-215.6A to § 143-215.6C for violation of
or failure to act in accordance with the terms and conditions of this permit.
7. The irrigation system shall be connected to a rain or moisture sensor, which shall indicate when
effluent application is not appropriate in accordance with Conditions HIA. and III.5. of this permit.
8. The compliance boundary for the disposal system shall be specified in accordance with 15A NCAC
02L .0107(b). This disposal system was individually permitted on or after December 30, 1983;
therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or
50 feet within the property boundary, whichever is closest to the effluent disposal area. An
exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation
action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with
North Carolina General Statute 143-215.6A through 143-215.6C.
9. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the
compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the
review boundary shall require action in accordance with 15A NCAC 02L .0106.
....-- -
10. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary.
11. In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring
wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L
.0107(g).
WQ0029635 Version 1.1
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12'. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is
not 'the Permittee and owns land within the compliance boundary shall execute and file with the
Rowan County Register of Deeds an easement running with the land containing the following items:
a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1);
b. Prohibits construction and operation of water supply wells within the compliance boundary; and
c. Reserves the right of the Permittee or the State to enter the property within the compliance
boundary for purposes related to the permit.
The Director may terminate the easement when its purpose has been fulfilled or is no longer needed.
13. The facilities permitted herein shall be constructed according to the following setbacks:
a. The setbacks for irrigation sites permitted under 15A NCAC .02H .0200 shall be as follows (all
distances in feet):
i. Any habitable residence or place of public assembly under separate ownership: 100
ii. Surface waters: 50
iii. Any well with exception of monitoring wells: 100
iv. Any property line: 50
v. Public right of way: 50
b. The setbacks for storage and treatment units permitted 15A NCAC 02H .0200 shall be as follows
(all distances in feet):
L Any well with exception of monitoring wells: 100
ii. Any property line: 50
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times. The.facilities shall. be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater
resulting from the operation of this facility. The Permittee shall maintain an Operation and
Maintenance Plan pursuant to 15A NCAC 02T .0507, which at a minimum shall include operational
functions; maintenance schedules, safety measures and a spill response plan.
2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the
Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or
more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in
accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the
previously cited -rules.
A suitable year round vegetative cover shall be maintained at all times, such that crop health is
optimized, allows for even distribution of effluent and allows inspection of the irrigation system. The
large scale harvesting' of trees located within the sites listed in Attachment B is discouraged. Any
cutting of trees shall be done in a manner to minimize damage to drip irrigation lines. Irrigation on
the sites listed in Attachment B is prohibited during harvesting operations. Upon completion of
harvesting, the Permittee shall inspect all drip irrigation lines and shall make the necessary repairs
prior to resuming wastewater irrigation.
4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites
listed in Attachment B.
5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause ponding or runoff.
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11. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-
59) shall include this permit number, the appropriate well identification number, and one GW-59a
certification form shall be submitted with each set of sampling results. All information shall be
submitted to the. following address:
Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
12. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on
each irrigation site listed in Attachment B. These results shall be maintained at the facility for a
period of no less than five years, and shall be made available to the Division upon request. At a
minimum, the Standard Soil Fertility Analysis shall include the following parameters:
Acidity
Exchangeable Sodium Percentage
Phosphorus
Base Saturation (by calculation)
Magnesium
Potassium
Calcium
Manganese
Sodium
Cation Exchange Capacity
Percent Humic Matter
Zinc
Copper
pH
13. Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704)
663-1699, as soon as possible, but in no case more than 24 hours, or on the next working day
following the occurrence or fast knowledge of the occurrence of any of the following:
a. Any occurrence at the facility resulting in the treatment of significant amounts of wastes that is
abnormal in quantity or characteristic, including the known passage of a hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons,
rendering the facility incapable of adequate wastewater treatment.
c. Any facility failure resulting in a by-pass directly to receiving surface waters.
d. Any time. self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
e. Ponding in or runoff from the irrigation sites.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imininent failure of
a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone].
Persons reporting such occurrences by telephone shall also file a written report in letter form within
five days following first knowledge of the occurrence. This report shall outline the actions taken or
proposed to be taken to ensure the problem does not recur.
WQ0029635 Version 1.1 Shell Version 110920 Page 6 of 8

V. INSPECTIONS
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
wastewater treatment and irrigation facilities.
2. The Permittee or their designee shall inspect the wastewater treatment and irrigation facilities to
prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may
cause the release of wastes to the environment, a threat to human health or a public nuisance. The
Permittee shall maintain an inspection log that includes, at a minimum, the date and time of
inspection, observations made, and any maintenance, repairs, or corrective actions taken. The
Permittee shall maintain this inspection log for a period of five years from the date of the inspection,
and this log shall be made available to the Division upon request.
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the wastewater treatment and irrigation facilities
permitted herein at any reasonable time for the purpose of determining compliance with this permit;
may inspect or copy any records required to be maintained under the terms and conditions of this
permit, and may collect groundwater, surface water or leachate samples.
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to
an enforcement action by the Division in accordance with North Carolina General Statutes 143-
215.6A to 143-215.6C.
2. This permit shall become voidable if the permitted facilities are not constructed in accordance with
the conditions of this permit, the Division approved plans and specifications, and other supporting
documentation.
3. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, Division approved plans and specifications, and other supporting documentation. No
variances to applicable rules governing the construction or operation of the permitted facilities are
granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T
.0105(n).
4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies
(e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules
in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4
and under the Division's General Permit NCGO10000; any requirements pertaining to wetlands under
15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of
Chapter 143 of the General Statutes.
5. In the event the permitted facilities change ownership or the Permittee changes their name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate property ownership documentation and other supporting
documentation as necessary. The Permittee of record shall remain fully responsible for maintaining
and operating the facilities permitted herein until a permit is issued to the new owner.
The Permittee shall retain a set of Division approved plans and specifications for the life of the
facilities permitted herein.
7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority pursuant to 15A NCAC
02T .01056).
WQ0029635 Version 1.1 . Shell Version 110920 Page 7 of 8

8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC `02T .0110.
9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein
shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b).
10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to
pay the annual fee accordingly shall be cause for the Division to revoke this permit pursuant to 15A
NCAC 02T .0105(e)(3).
Permit issued this the 13t" day of December 2011
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
gee . - ullins, Director
Divisi f Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0029635
WQ0029635 Version 1.1 Shell Version 110920 Page 8 of 8

ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS Permit Number: WQ0029635 Version: 1.1
PPI 001 — WWTP Effluent (Effective until June 30, 2012)
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
PCs
Code
Parameter Description
P
Monthly Average
Monthly Geometric
Daily Minimum
Mean
00310
BOD, 5-Day (20 °C)
mg/L
31616
Coliform, Fecal MF, M-FC Broth, 44.5 °C
#/100 mL
.:
50050
Flow, in Conduit or thru Treatment Plant
75,000
GPD
00630
Nitrite plus Nitrate Total 1 DET (as N)
mg/L
00610
Nitrogen, Ammonia Total (as N)
mg/L
00625
Nitrogen, Kjeldahl, Total (as N)
mg/L
x
00400
pl-l°.'
so
00665
Phosphorus, Total (as P)
mg/L
00530
Solids, Total Suspended
mg/L
,
I. 3 x Year sampling shall be conducted every March, July and November
2. Monthly average for Fecal Coliform shall be a geometric mean.
Daily Maximum
su
MONITORING
REQUIREMENTS
Measurement
Frequency
Sample
Type
3 x Year'
Grab
3 x Year'•Z
Grab -
Continuous
Recorder
3 x Year'
Grab
3 x Year'
Grab
3 x Year'
Grab
3 x Year'
Grab
3 x Year 1
Grab
3 x Year'
Grab
WQ0029635 Version 1.1 Attachment A
Pagel of 2

PP1002 — WWTP Effluent (Effective July 1, 2012)
EFFLUENT CHARACTERISTICS
PCs Parameter Description
Code
00310 BOD, 5-Day (20 °C)
00940 Chloride (as Cl)
31616 Coliform, Fecal MF, M-FC Broth, 44.5 °C
50050 flow, in Conduit or thru Treatment Plant
F00
106Nitrogen, AmmoniaTotal (as N)
625 Nitrogen, Kjeldahl, Total (as N)
00620 Nitrogen, Nitrate Total (as N)
00400 pit
00665 Phosphorus, Total (as P)
70300 Solids, Total Dissolved - 180 °C
00530 Solids, Total Suspended
i z V—
Monthly Average
mg/L
mg/L
75,000
GPD
mg/L
mg/L
mg/L
mg/L
mg/L
mg/L
EFFLUENT LIMITS
MONITORING
REQUIREMENTS
Monthly Geometric
Mean
Daily Minimum
Daily Maximum
Measurement
Sample
-777777777
Frequency
Type
77777.
Monthly
Grab
3 x Year'
Grab
#/100 mL
-
Monthly z
Grab
Continuous
Recorder
Monthly
Grab
s
Monthly
Grab
Monthly
Grab
su
Weekly' /
su
5 x Week a
Grab
._�
}
Monthly
Grab
3 x Year'
Grab
Monthly
Grab
- - . - -...-1.... 11.... 1....,... -1 ---- ., -y Maiuu, juiy auu rvovemoer.
2. Monthly average for Fecal Coliform shall be a geometric mean.
3. While the monthly average daily flow (ADF) is less than 10,000 gallons per day (GPD), the Permittee shall sample pH (00400) on a weekly basis.
4. When the monthly ADF exceeds 10,000 GPD, the Permittee shall sample pH (00400) five times per week.
WQ0029635 Version 1.1 Attachment A Page 2 of 2

ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Permit Number: WQ0029635 Version: 1.1
Sunset Pointe on High Rock HOA, LLC - Sunset Pointe Subdivision
IRRIGATION
AREA
INFORMATION
APPLICATION LIMITATIONS
01284 - Non -Discharge Application Rate
01284 - Non -Discharge Application Rate
0 1284 - Non -Discharge Application Rate
Field
I
Owner
Sunset Pointe on High Rock HOA, LLC
County
Rowan
Latitude
35.6744280
Longitude
-80.3536090
Net
Acreage
2.5
Dominant
Soil Series
Mecklenburg
Hourly
Rate
0.3
-Yearly
y
Max
40.27
Units
inches
2
Sunset Pointe on High Rock I-10A, LLC
Rowan
35.674421 °
-80.354332'
2.5
Mecklenburg
0.3
40.27
inches
3
Sunset Pointe on High Rock HOA, LLC
Rowan
35.674434'
-80.3550830
2.5
Mecklenburg
0.3
40.27
inches
4
Sunset Pointe on High Rock HOA, LLC
Rowan
35.675558'
-80.355300'
2.6
Mecklenburg
0 1284 - Non -Discharge Application Rate
01284 -Non-Discharge Application Rate
0.3
40.27
inches
5
Sunset Pointe on High Rock IIOA, LLC
Rowan
35.674567'
-80.355797'
2.5
Mecklenburg
0.3
40.27
inches
6
Sunset Pointe on High Rock IIOA. LLC
Rowan
35.6762320
-80.3555600
2.4
Mecklenburg
01284 -Non-Discharge Application Rate
0 1284 - Non -Discharge Application Rate
0.3
40.27
inches
7
Sunset Pointe on High Rock I10A, LLC
Rowan
35.6762490
-80.3569980
2.4
Mecklenburg
0.3
40.27
inches
8
Sunset Pointe on Lligh Rock HOA, LLC
Rowan
35.6756370
-80.3572690
2.5
Mecklenburg
0 1284 - Non -Discharge Application Rate
01284 - Non -Discharge Application Rate
01284 - Non -Discharge Application Rate
0 1284 - Non -Discharge Application Rate
01284 -Non-Discharge Application Rate
0.3
40.27
inches
9
Sunset Pointe on High Rock HOA, LLC
Rowan
35.6748620
-80.3572280
2.5
Mecklenburg
0.3
40.27
inches
10
Sunset Pointe on High Rock 110A, LLC
Rowan
35.674390'
-80.35p983°
2.5
Mecklenburg
0.3
40.27
inches
I 1
Sunset Pointe on I ligh Rock I10A, LLC
Rowan
35.673073'
-80.3550630
2.5
Mecklenburg
0.3
40.27
inches
12
Sunset Pointe on High Rock I10A, LLC
Rowan
35.673060'
-80.354337'
2.5
Mecklenburg
0.3
40.27
inches
13
Sunset Pointe on High Rock I-IOA, LLC
Rowan
35.6720050
-80.35371 1 °
2.7
Mecklenburg
01284 - Non -Discharge Application Rate
0.3
40.27
inches
14
Sunset Pointe on Fligh Rock HOA, LLC
Rowan
35.6720910
-80.354785°
2.1
Mecklenburg
01284 - Non -Discharge Application Rate
0.3
40.27
Indies
Total
34.7
WQ0029635 Version I.1 Attachment B Pagel of2

ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS
Monitoring wells: MW-1, MW-2 and MW-3
GROUNDWATER CHARACTERISTICS
PCs Code
Parameter Description
00940
Chloride (as Cl)
31616
Coliform, Fecal MF, M-FC Broth, 44.5 °C
00610
Nitrogen, Ammonia Total (as N)
00620
Nitrogen, Nitrate'l'otal (as N)
00400
pH
70300
Solids, Total Dissolved - 180 °C
82546
Water level, distance from measuring point
GROUNDWATER STANDARDS
Daily Maximum
250 mg/L
#/100 mL
1.5 mg/L
10 mg/L
6.5-8.5 su
500 mg/L
tt
L 3 x Year monitoring shall be conducted in March, July & November.
2. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement
of pFI shall be made after purging and prior to sampling l'or the remaining parameters.
3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top
of casing) of all monitoring wells shall be surveyed relative to a common datum.
4. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure I and this attachment.
Permit Number: WQ0029635 Version: 1.1
MONITORING REQUIREMENTS
Frequency Measurement
Sample Type
Footnotes
3 x Year
Grab
I
3 x Year
Grab
1
3 x Year
Grab
1
3 x Year
Grab
I
3 x Year
Grab
1.2
3 x Year
Grab
I
3 x Year
Calculated
I, 2, 3
WQ0029635 Version 1.1 Attachment C
Page 1 of 1

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State of North Carolina
Department of the Secretary of State
Limited Liability Company
ARTICLES OF ORGANIZATION
SOSID: 1184403
Date Filed: 1/18/2011 11:25:00 AM
Elaine F. Marshall
North Carolina Secretary of State
C201101000503
Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit
these Articles of Organization for the purpose of forming a limited liability company.
1. The name of the limited liability company is:�//I/.5,�'T l0ZAIME 2M &le--�i�
LLL
2. If the limited liability company is to dissolve by a specific date, the latest date on which the
limited liability company is to dissolve: Qfno date for dissolution is specified, there shall be no
limit on the duration of the limited liability company.)
3. The name and address of each person executing these articles of organization is as follows:
(State whether each persoir is executing these articles oforganization in the capacity ofa
member, organizer or both. Note: This document mustt a sgn�d persons I ' ed here). aML
XWLL BPn_V,
S
4. The street address and county of the initial registeAfoffice of the limited liability company is:
i
Number and Street S4WS,6;7' RMA1/0- D,e.,
City, State, Zip Code YAa S9114X , /VG 2A14 County BDw,4,
5. The mailing address, if di fervent from the street address, of the initial registered office is:
' 6. The name of the initial registered agent is:Acxa,5�t_
7. Principal office information: (Select either a or b)
a. O'1he limited liability company has a principal office.
The street address and county ofthe principal office ofthe limited liability company is:
Number and Street 52z
City, State, Zip Codes!5,�+�
County
The mailing address, if dif`ereat from the street address, of the principal office of the corporation is:
b. ❑ The limited liability company does not have a principal office.

8. Check one of the following:
--Z(i) Member -managed LLC: all members by virtue of their status as members shall be
managers of this limited liability company.
(ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3-20(a), the
members of this limited liability company shall not be managers by virtue of their status as
members.
9. Any other provisions which the limited liability company elects to include are attached.
10. These articles will be effective upon filing, unless a date and/or time is specified:
This is the,) Iday of 201L_.
S1 e
Type or Print Name and Title
NOTES:
1. Filing fee is $125. This document must be filed with the Secretary of State.
CORPORATIONS DIVISION P.O. Box 29622
(Revised Jmmary 2002)
Instructions for Ming
RALEIGH, NC 27626-0622
(Form L-01)

1� 1-9
Iianc�4,,�5
�� ub j ^� a�ev
SSa��e vb S3�upc`i
400 90 V00 :S'JYd E90ZL08 616 T '01 xa3 :wou, Wd we uu/nIT
vel f

BK 1053 PG 0256.004
(a) Additional Property — Any real property subjected to this Declaration in addition to that
165 acres (approximately) described in Article II, Section I. The procedure for adding
Additional Property is described in Article II, Section 3.
(b) Amenity Area — Any area within the Property which Declarant may hereafter designate as
Common Area for the propose of erecting, at Declarant's cost, facilities or amenities for the
common use of Owners, Occupants, and their invitees and guests. Such facilities may
include play areas, dry boat parking, open areas and the like.
(c) Applicable Laws — All enforceable laws, regulations and ordinances effective in the
County of Rowan, the State of North Carolina, and the United States of America including
all zoning regulations as well as sign, street, tree and floodway ordinances; land use, High
Rock Lake watershed development, environmental resources, and hazardous materials
laws; and such other laws of all appropriate jurisdictions as may affect the Subdivision.
(d) Architectural and Site Guidelines — Those rules, regulations and guidelines promulgated
from time to time by the Architectural Review Committee pursuant to the power set foith
in Article V1II, Section 3. All Architectural and Site Guidelines, whenever promulgated
shall have the same force and effect as if they were originally set forth in this Declaration
as Restrictions.
(e) Association — Sunset Pointe at High Rock Lake Home Owners Association, Inc., a North
Carolina not -for -profit corporation which has been formed by Declarant, and managed by
Sunset Pointe Management, LLC
(f) Buffer Area — That portion of any Lot within One Hundred feet (100') of: [i] the 655'
contour line of High Rock Lake as defined by Yadkin, Inc. or its successors from time to
time; or (ii) the land -ward side of any rip rap or other shore stabilization improvements
installed in accordance with Applicable Laws and the approval of Yakin, Inc. or its
successors. This is a protected zone subject to strict limitations upon development, clearing
and use as stated herein and in Applicable Laws.
(g) Bylaws — Bylaws shall mean the Bylaws for the Association adopted by the initial Board of
Directors of the Association.
(h) Committee — The Architectural Review Committee established pursuant to Article VIII.
(i) Common Area or Common Areas - Common Area or Common Areas shall mean any
Amenity Area, Entrance Monument, General Monuments as described in Article MV,
Section 5, Private Roads and any other property designated on the Map as "Common
Area", "Common Open Space", "COS", "Septic Easement for Lot W', or like designation,
and any other property designated as Common Area in this Declaration, and amendment or
supplement hereto or deed from the Declarant (the preceding listing and description of
possible components of the Common Area is illustrative only). Both before and after
those dates when Declarant conveys Common Area to the Association, all Common Areas
shall be maintained by Sunset Pointe Management (subject to the rights of the Declarant
5

ti
BK 1053 PG 0256.005
provided for in this Declaration) for the common use, benefit and enjoyment of the
Owners, or of only certain Owners to the exclusion of other Owners, as designated in this
Declaration. The Declarant reserves the right, but not the obligation, to provide additional
Common Areas within the Subdivision. Lots owned by Declarant may be converted to
additional Common Areas within the Subdivision. Lots owned by Declarant may be
converted to Common Areas at Declarant's election by Filing of an amended Map
indicating such conversion or the conveyance of the Lot to the Association by deed reciting
that the Lot is thereby made Common Area. The term "Common Area" as used in this
Declaration includes all real estate that would be defined as "common elements" in the
Planned Community Act at the time this Declaration is filed.
Q) Declarant — HIGH ROCK DEVELOPMENT COMPANY, LLC. or an assignee of the
powers granted herein to Sunset Pointe Management, LLC.
(k) Declaration — This Declaration of Covenants, Conditions and Restrictions (and any future
amendments or supplements) as executed by the Declarant and Filed.
(1) Entrance Monument — Entrance Monument shall mean and refer to any monument and
entrance sign located thereon, together with lighting, irrigation system, landscaping and
other improvements, which may be constructed as an entryway for the Subdivision.
(m) File — Recording in the Office of the Register of Deeds for Rowan County, North Carolina.
(n) Half Story — means a story, which contains fifty percent (501/o) or less heated Living Area
than the story in the house containing the most Heated Living Area.'
(o) Heated Living Area — as applied to a residential dwelling, excludes:
Basement areas (defined as any, level in which at least one perimeter wall is below,
or partially below, grade), unless such basement areas have two or more perimeter
walls above surrounding grade, and such basement areas are fully heated and air-
conditioned and have interiors finished to a quality equal to the above grade levels
of the dwelling;
Vaulted ceilings areas;
Attics;
Unheated porches;
Attached garages;
Porte-cocheres;
Unheated storage areas;
Decks; and
Patios.
(p) Improvements — All buildings, underground installations, roads, driveways, parking areas,
fences, screens, retaining walls, stairs, decks, windbreaks, plantings (excluding ground
covers, grass, flower beds, and shrubbery with expected height at maturity of less than

BK 1053 PG 0256.006
three feet), poles, signs, piers, docks, cuts and fills, and all other structures or landscaping
improvements of every variety and nature.
(q) Interior Lots — Interior Lots shall mean those lots in the Subdivision, if any, which are not
Waterfront Lots.
(r) Lot — Lot or Lots shall mean the separately numbered, single-family lots depicted on the
Map, including all Waterfront Lots and Interior Lots, but not including any Common
Areas.
(s) Map — Map shall mean (i) the plats of Sunset Pointe at High Rock Lake Filed in Book of
Maps, Book number 9995 at Page 5598, Sheets 1-6, in the Office of the Rowan County
Register of Deeds, North Carolina; (ii) any Filed plats of other portions of the Property
described in Article II, Section 1, for the purpose of subdividing those lands into Lots,
dedicating roadways or Common Area, or any other purpose; (iii) any Filed plats of
Additional Property subjected to this Declaration, and (iv) any revisions of such Filed map
or maps.
(t) Mortgage — Any deed of trust, security interest, lien or other encumbrance resulting from a
monetary obligation of an Owner or other party in interest, which attaches to any Lot and is
perfected or Filed.
(u) Occupant — Any party, whether or not an Owner, who is regularly present upon a Lot
pursuant to either express or implied license or right
(v) Offsite Septic Lot — Offsite Septic Lot shall mean any Lot, designated as such on the Map,
which shall have the right to utilize all or a portion of the Septic Easement Areas for its
Septic System.
(w) Outbuilding. A storage building, workshop, utility building, greenhouse or any similar
buildings WHICH ARE SPECIFICALLY APPROVED BY THE COMMITTEE for
construction upon any Lot. The Committee may exercise its discretion and may withhold
approval of any such proposed structure which is not in keeping with the standard of
construction and appearance of Sunset Pointe at High Rock Lake
(x) Owner — Any person or entity other than Declarant who holds the fee simple title to any
Lot individually or as a co-owner. The Declarant is not deemed an"Owner".
(y) Parking Area — Parking Area Shall mean any parking lot, which may bc constructed for the
common use, benefit and enjoyment of some or all Owners, their families, guests and
invitees.
(z) Planned Community Act — The North Carolina Planned Community Act, North Carolina
General Statutes Chapter 47E, as amended hereafter, and any successor Statute which is
enacted to amend or replace Chapter 47E.

BK 1053 PG 0256.007
(aa) Private Road(s) — Private Road(s) shall mean any roads or streets constructed by Declarant.
The phrase "Private Roads" shall not include any common driveways, which are employed
solely for the use of a limited number of lots pursuant to a driveway easement and
maintenance agreement whether such agreement is set forth in this Declaration or in a
separate instrument.
(bb) Property — All that real estate described in Article II, Section I, plus such other real estate
which may be additionally made subject to this Declaration as provided in Article 11,
Section 3.
(cc) Rear Setback — The Setback Distance from a rear (opposite the street side) boundary line of
a Lot, which shall be at least 100' on all Lots with the additional limitation that the Rear
Setback shall be 100ft from the 655 contour line of High Rock Lake.
(dd) Setback Distance — The distance between either a Lot boundary- line or the edge of a
Private Road or public roadway right of way, to a line within the Lot and parallel to the
boundary line or the right of way, and within which distance no buildings, as more
specifically described in Article X, Section 5, are permitted. Setback distances shall be the
larger of the setbacks (rear, side, street or waterfront) defined in this Declaration, or as
noted on the Map for any specific Lot.
(cc) Septic Easement — The easement burdening the Septic Easement Areas for the benefit of an
Offsite Septic Lot. Said easement permits the Offsite Septic Lot to install a Septic System
and to discharge effluent from that Septic System into a drainage field within the
appurtenant Septic Easement Area.
(fI) Septic Easement Area — Septic Easement Area shall mean those areas burdened by the
Septic Easements as reserved and declared herein or which are identified on the Map as a
"Septic Easement ", "COS Septic", or similar identifying nomenclature.
(gg) Septic System — Septic System shall mean any and all piping, lines, pumps, equipment or
other systems used to transport sewage from the offsite Septic Lots to the Septic Easement
Areas, including any drainage field and equipment actually installed within the Septic
Easement Areas.
(hh) Side Setback — The Setback Distance from a side boundary line of a Lot, which shall be not
less than 10 feet.
(ii) Story — shall mean a finished horizontal division of Heated Living Area in a dwelling
extending from the floor of such division to the ceiling above it
(p) Street Setback — The Setback Distance from the edge of a street right of way (whether a
public right of way or Private Road), which shall not be less than 30'.
(kk) Subdivision — All property described in Article H, Section 1, any Additional Property
added and made subject to this Declaration as provided in Article 11, Section 3, and such

BK 1053 PG 0256.008
residential lots, streets, Amenities, and Improvements as shall come to be constructed
therein, also know as "Sunset Pointe at High Rock Lake".
(11) Utilities — Those lines and services in the nature of electric, telephone, cats, water, sewer,
and natural gas which may be laid or distributed throughout the Subdivision.
(mm) Waterfront Lot — Waterfront Lot shall mean any Lot having at Least 100' of shoreline on
High Rock Lake at the 655' elevation line.
ARTICLE II
Property
Section 1. Description. The real property initially subjected to this Declaration is shown on the
Map recorded in Book of Maps 9995, at Page 5598, Sheets 1-6, in the Office of the Register of
Deeds for Rowan County, and those areas labeled as "Common Open Space".
Section 2. Subdivision Name. The property, the homes constructed therein and the amenities and
infrastructure of the Subdivision shall henceforth, collectively, be known as "Sunset Pointe at High
Rock Lake".
Section 3. Additions. At any time hereafter, Declarant may add additional real estate to the
Property, which additional real estate shall be subject to this Declaration upon the Filing of
amended or supplementary declarations. Upon the Filing of such amended or supplementary
declaration, the real estate added to the Property shall be subject to and entitled to the benefit of
this Declaration and all terms of the subsequent supplementary or amended declarations.
Section 4. Form of Amendment. Each amendment or supplementary declaration as referred to
immediately above shall contain the following provisions:
(a) Reference to this Declaration and the date, book and page of its Filing in Rowan
County, North Carolina;
(b) A precise legal description of the additional real estate (if any);
(c) Language subjecting the additional real estate (if any) to this Declaration and its
subsequent amendments or supplementary declarations; and
(d) Such other covenants, restrictions or easements as Declarant shall, in its discretion,
additionally impose upon the subject real estate.
Section 5. Adjacent Property Not Specifically Described. From time to time, Declarant, its
predecessors or successors, may hold title or other interests in real estate adjacent to the Property.
Unless such adjacent property is specifically described or included in Article 11, Section 1 or the
legal description of future supplementary or amended declarations, such adjacent real estate shall
not be deemed a part of the Property or the Subdivision.

BK 1053 PG 0256.009
ARTICLE III
Declaration
The Property shall hereafter be held, sold, leased, transferred, conveyed and encumbered subject to
the herein contained covenants, conditions, restrictions, reservations, and easements which; (1) are
made for the direct, mutual and reciprocal benefit of each and every portion of the Property and
shall create mutual, equitable servitudes upon each part of the Property in favor of every other part
of the Property; (2) create reciprocal rights and obligations between the respective Owners and
privity of estate between all grantees of portions of the Property, their successors and assigns; (3)
shall operate as covenants running with the land; and (4) shall inure to the benefit of Declarant and
each Owner. By acceptance of any deed conveying title to a portions of the Property, execution of
a contract of purchase or acceptance of a lease or license concerning any portion of the Property or
by taking possession of any portion of the Property; whether from Declarant or a subsequent owner
or lessee, any future owner, lessee, licensee or occupant shall accept such deed, contract, lease,
license or possession upon and subject to each and all of the covenants, conditions, restrictions,
reservations and easements set forth herein. Each person or entity who hereafter owns or acquires
any right, title or interest in or to any portion of the Property shall be conclusively deemed to have
consented and agreed to the covenants, conditions, restrictions, reservations and easements set
forth herein, and in all future supplementary or amended Declarations, whether or not any
reference thereto is contained in the instrument by which such person or entity acquires an interest
in the Property.
ARTICLE IV
Common Area
Section 1. Ownership of Common Areas. Declarant shall, not later than the date when 85% of
all Lots have been sold to Owners, convey to the Association by Special Warranty Deed any
Common Areas, which are to be owned and maintained by the Associations. The Declarant
reserves the right to construct: (i) Parking Areas (ii) one or more Entrance Monuments to be
located within the Subdivision; (iii) Private Roads; (iv) Septic Systems; (v) one or more Amenity
Areas for the use and enjoyment of the Owners who are en`'iT el�to tt e use of such Common Areas
as provided in this Declaration. So long as Declarant holds fee simple title to any portion of the
Common Area, the Declarant may subject that portion of the Common Area to a Septic Easement
by Filing a revision to the map identifying such Septic Easement Area. In addition to Septic
Easements, Common Areas may be used for burial of stumps (but not within Septic Easement
Areas) by Declarant during initial construction of the Subdivision provided such use is
accomplished in compliance with the Rowan County Solid Waste Ordinance and other Applicable
Laws. All Common Areas shall remain private property and shall not be dedicated to the use and
enjoyment of the general public.
Section 2. Owner's Rights to Use and Enjoy Common Areas. Each Owner shall have the non-
exclusive easement and right to use and enjoy the Common Areas, and such right shall be
appurtenant to an conveyed with title to such Owner's Lot, subject to the following:

BK 1053 PG 0256.010
(a) The Association shall have the right to promulgate and enforce reasonable rules and
regulations to insure reasonable availability of the right to use the Common Areas
to the Owners and the safety of Owners on the Common Area;
(b) The Association shall have the right to suspend the voting rights of an Owner in the
Association and the right of the Association to suspend the right to use certain or all
of the Common Areas by an Owner for any period during which any assessment
against the Owner's Lot remains unpaid, and for a period not to exceed sixty (60)
days for any infraction of its published rules and regulations;
(c) The Declarant or the Association shall have the right to grant utility, drainage,
septic and other easements across the Common Areas; and
(d) The right of the Declarant or the Association to restrict the use of certain Common
Areas to specific designated Owners as described in this Declaration.
Section 3. Delegation of Use. Any Owner may delegate, subject to the rules promulgated by the
Association, the Owner's right of enjoyment to certain Common Areas and facilities located
thereon to the members of the Owner's family, guests or invitees.
Section 4. Rights in the Private Roads. When Private Roads are constructed within the
Subdivision each Owner, the Declarant, the Association, and their successors and assigns, are
hereby granted the perpetual, non-exclusive right to use the Private Roads for the purpose of
pedestrian and vehicular access, ingress, egress and regress to and from each Lot and the Common
Areas, and for the installation and maintenance of drainage facilities and other utilities facilities to
serve the Lots. Although not planned at this time, the private easements granted herein shall
terminate at such time as any Private Roads are accepted for maintenance by state or municipal
authorities, at which time, the Private Roads shall become publicly maintained roads which shall
no longer be maintained by the Association. Declarant or the Association may, without notice,
remove any obstructions of any nature located within the Private Roads (including but not limited
to building materials, trees, shrubs, and mailboxes), which, in the opinion of the Declarant or
association, create a safety hazard.
Section 5. Prohibited Activities in Common Areas or entire Subdivision. Common Area shall
not be used for off -road motorized vehicles including motorcycles, "four -wheelers", ATV's, or the
like. No hunting or trapping of any wild life, including but not limited to, ducks, geese, other
birds, small game, or deer shall be permitted within the Common Area.
The Association shall have authority to create and implement reasonable rules from time to time
concerning the use and enjoyment of all Common Areas.
ARTICLE V
Property Owner's Association
Section 1. Membership. The Declarant and every Owner shall be a Member of the Association -
Membership is appurtenant to the ownership of each Lot and is only available to the Declarant and

BK 1053 PG 0256.011
Owners. Membership shall be extinguished upon the complete transfer of all Property held by any
Member.
Section 2. Classes of Membership.
(a) Owners Class Membership. The Owners Class Members shall consist of all
Owners.
(b) Founders Class Membership. The Declarant or its successor or assign only, shall be
the sole Founders Class Member. The Founders Class Membership shall terminate
at such time as Declarant has conveyed all of its interest in the Property (including
any Additional Property).
Section 3. Duties. The Association will maintain in its files up-to-date copies of its
organizational documents, the Declaration, rules concerning use of the Common Areas, financial
records, records of the current ownership of the Lots, and such other documentation and records as
are necessary for its management and oversight functions or as required by the Planned
Community Act. All documentation maintained by the Association shall be available to the
Owners for inspection doing Association business hoes upon reasonable notice. The Association
may employ an individual or business entity to act as managing agent. The length of engagement
and the compensation to be paid to such managing agent shall he determined by the Founders
Class Members of the Association.
Beginning on a date selected by the Association which shall not be earlier than January 1" 2006,
(the "Assessment Start Date's the Association may begin collection of annual assessments from
each Owner for maintenance of any Common Areas and all other permissible purposes.
Prior to the Assessment Start Date, the Common Areas shall be maintained by the Declarant, but
after such date, the Common Areas shall be maintained by the Association, except that Declarant
reserves the right, at Declarant's discretion, to repair or maintain any portion of the Common
Areas which Declarant, in good faith, determines is not maintained to acceptable standards and
shall be reimbursed for such maintenance by the Association (but see Article Vll, Section 9).
Maintenance of Common Areas, which shall be the duty of the Association, includes (by way of
example) the following:
(a) Maintenance of any Entrance Monument, including irrigation, plantings of both
permanent and seasonal nature, lighting, mowing, weeding, other landscaping,
utility charges for irrigation and lighting, maintenance of signage;
(b) Liability insurance shall be maintained upon all portions of the Common Areas,
with such companies and in such coverage amounts as the Founder Class Members
may deem appropriate; and
(c) The Common Areas, including any Private Roads, open areas, playgrounds and
Amenities (if any), shall be kept in a clean and orderly condition, grass neatly

BK 1053 PG 0256.012
mowed and otherwise landscaped with appropriate irrigation. Utility bills for
lighting and irrigation and the cost of maintenance and repair of any pathways,
facilities, and the like, shall be appropriate expenditures for the Association.
The Association is charged with the duty to establish and maintain adequate reserve funds for
periodic repair, reconstruction or replacement of portions of the Common Area which may occur
on an irregular basis.
ARTICLE VI
Voting
Section 1. Owners Class. The Owners of each Lot, Patio Home or Condominium shall be
entitled to one (1) vote for that Lot, Home or Condominium. The vote for any one Lot owned by
more than one person or entity shall be exercised as they among themselves shall determine, but in
no event shall the vote or votes with respect to any jointly owned Lot be split or cast separately.
Section 2. Founders Class. The Declarant shall be entitled to four (4) votes for each Lot owned
by the Declarant.
Section 3. Actions. Special Assessments may only be assessed upon receiving seventy-five
percent (75%) of a vote.
Section 4. Period of Declarant Control. For a period ending not earlier than one year following
the recordation of this Declaration, and for so long as the Declarant owns at least ten (10) Lots in
the Subdivision, the Declarant shall have the exclusive authority to designate, appoint and remove
all members of the Association's Board of Directors and Officers. To the fullest extent permitted
by the Planned Community Act, no Director or Officer appointed by the Declarant shall be
removed by the Members or Board of Directors. The time period during which the Declarant
holds the exclusive authority to appoint and remove members of the Board of Directors and
Officers may be referred to in this Declaration and the Associations Bylaws as the "Period of
Declarant Control".
ARTICLE VII
Assessments
Section 1. Creation of Lien and Personal Obligation of Assessments. Each Owner shall, by
acceptance of a conveyance of a Lot, whether or not it is so expressed in any conveyance, be
deemed to covenant and agree to all the terms and provisions of this Declaration specifically
including the duty to pay the Association both Annual and Special Assessments ("Annual
Assessments" and "Special Assessments") and charges as hereinafter provided. The Annual and
Special Assessments and charges, together with such interest thereon and costs of collection as are
hereinafter provided, shall be a charge and continuing lien upon the Lot against which assessment
is made as of the effective date of said assessment. Each assessment, together with interest thereon
and any costs of collection, shall also be the personal obligation of the person or entity who was
Owner of such Lot at the time when the assessment became due. In the case of co -ownership of a
lo2 12

BK 1053 PG 0256.013
Lot, all of such co -owners shall be jointly and severally liable for the entire amount of any
assessment.
Section 2. Purpose of Annual Assessments. The Annual Assessments levied by the Association
shall be used for the improvement, maintenance, operation, repair, replacement of and additions to
the Common Area, including, but not limited to, the payment of taxes and insurance thereon, the
payment of utility charges related thereto (including water for any sprinkler or irrigation systems),
maintaining, operating and improving (but not initial construction) of Private Roads and other
Common Area facilities and amenities, collection and disposal of garbage, rubbish and the like,
employing security service, maintenance personnel and for the cost of labor, equipment, materials,
and the management and supervision thereof Declarant may employ a related entity or entities to
manage the maintenance operation and repair of the Common Area. In addition, the Association
may use Annual Assessments for the purpose of doing other things necessary or desirable, in the
discretion of the Association, to keep Common Area facilities and amenities in neat and good
order, to provide for the health, welfare and safety of the Owners and Occupants of the Property
(including payment of fees to a management company to assist in the affairs of the Association), to
advance or maintain the general appearance and function of the Subdivision, and to carry out the
goals described in the preliminary statement of this Declaration.
Without limiting the general statements set forth in the immediately preceding paragraph, Annual
Assessments shall specifically be used as follows:
(a) To repair, maintain, reconstruct (when necessary), keep clean and free from debris,
the Common Areas (see Article V, Section 3 concerning Common Area
Maintenance) and any amenities and Improvements located thereon, including but
not limited to the Private Roads, Entrance Monument and Septic Easement Areas,
and to maintain the landscaping thereon in accordance with the highest standards
for private parks, including any necessary removal or replacement of landscaping;
(b) To maintain and repair the road shoulder and drainage facilities of any public
roadways within or adjoining the Subdivision to the standards of maintenance (if
one is ascertainable) required by the North Carolina Department of Transportation
or to such standards as are deemed appropriate by the Association. (see easement
reserved in Article XIV, Section 5).
(c) To pay all costs (except initial construction and installation during the Period of
Declarant Control), associated with any street lights, Entrance Monument, or
similar Common Area amenities, including but not limited to, lease payments and
utility costs;
(d) To pay all ad valorem taxes levied agaipst the Common Areas and any other
property owned by the Association;
(e) To pay the premiums on all insurance carried by the Association pursuant hereto or
pursuant to the Bylaws;
/47 13

BK 1053 PG 0256.014
(f) To pay all legal, accounting, and other professional fees incurred by the Association
in carrying out its duties as set forth herein or in the Bylaws; and
(g) To maintain contingency reserves as to the amounts described in the subsection (a)
and (b) above for the purposes set forth in this Section 2 in amounts determined by
the Board of Directors of the Association.
(h) Operating expenses, maintenance and repair of the drip septic offsite system, and all
supply lines to the system, are covered by this assessment.
By acceptance of any conveyance of any Lot, each Owner acknowledges that neither the precise
location, acreage or dimensions of the Common Area, nor the type of amenities, Improvements
and structures to be located within the Common Area (if any) will be specifically defined until
such are conveyed to the Association.
Section 3. Maximum Annual Assessment. The initial maximum Annual Assessment shall be
Eight Hundred Ninety Five dollars ($895A0) for each Lot, with fraction of the calendar year to be
computed and prorated equitably. For each calendar year after the initial year, the maximum
Annual Assessment may be increased by the Association at the rate of up to fifteen percent (15%)
of the prior year's assessment. In the event the Annual Assessment is not increased by the
maximum amount permitted during any calendar years, the difference between any actual increase
JAW
and the maximum permitted increase for such years shall be computed, and the Annual
Assessment may be increased by that amount in the future year, in addition to the maximum
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increase otherwise permitted. The fifteen percent (15%) limit on annual increases may be
increased for one or more years, but only by a vote of no less than two-thirds (2/3) of the Owners
g
Class Members and with the approval of the Declarant
Section 4. Supplemental Annual Assessment. In the event the Association fixes the Annual
Assessment in an amount less than the permitted maximum Annual Assessment, the Association
shall have the right to later increase (the increase being a "Supplemental Annual Assessment") the
total Annual Assessment for such calendar year if the Board of Directors determines that the
required duties and functions of the Association cannot be funded by the originally determined
Annual. Assessment The Association shall set the due date for such Supplemental Annual
Assessment which shall not be less than 45 days following after the mailing of notices to the
Owners of such Supplemental Annual Assessment. The original Annual Assessment and the
Supplemental Annual Assessment shall not, under any circumstance, exceed the permitted
maximum Annual Assessment for the subject calendar year.
Section 5. Special Assessments. In addition to the Annual Assessments hereinabove authorized,
the Association may levy Special Assessments ("Special Assessments") for the purpose of
defraying, in whole or in part_ [i] the cost of any reconstruction, unexpected repair or replacement
of the Common Area, including the Private Roads; [ii] the cost of legal defense of the Association
or its agents (specifically including any management company); or [iii] any lawful purpose
permitted under the Planned Community Act.

BK 1053 PG 0256.015
Section 6. Surplus Funds. During the Period of Declarant Control, to the fullest extent permitted
by the Planned Community Act, the Association shall have no obligation to reimburse any surplus
funds to Owners, provided such funds must be retained for future use by the Association.
Section 7. Dedarant Obligation to Pay Assessments. The assessments, special assessments,
charges and liens provided for by this Declaration shall not apply to the Common Property or any
Lot or other property owned by the Declarant including assessments accrued as to any Lots to
which Declarant obtains title by deed in lieu of foreclosure, or by foreclosure.
Section 8. Commencement. Assessments shall commence on the date fixed by the Association,
as the Assessment Start Date or upon the purchase of a Lot from the Declarant, whichever later
occurs. Assessments shall be billed on a calendar year basis with appropriate prorations.
Section 9. Due Date. Unless otherwise provided herein assessments shall be due and payable in
full within 30 days after they are billed to an Owner.
Section 10. Effect of Non -Payment of Assessments. If any assessment is not paid on the date
when due, then such assessment shall be delinquent and shall accrue interest thereon at the "prime
rate" of interest announced from time to time by The Wall Street Journalplus two percent (2%)
per annum (such rate to change from time to time as The Wall Street Journal prime rate changes)
never to exceed a maximum of 18% per annum, unless a lesser rate is required under Applicable
Law in which event interest will accrue at the maximum required lesser rate. If such an
assessment is not paid within ten (10) days after the due date, then the Association may bring an
action at law against the Owner directly and/or foreclose the lien against the Lot, and there shall be
added to the amount of such assessments all reasonable attorneys' fees and costs incurred by the
Association in such action, and in the event a judgment is obtained, such judgment shall include
interest on the Assessments as indicated above.
Section 11. Contribution by Declarant. Declarant agrees to contribute to the Association such
funds as may be required to maintain the Common Area, to the extent that the maximum Annual
Assessments are insufficient to pay the cost thereof, through the Calendar year 2005.
Section 12. Assessment Rate. General Annual Assessments, Supplemental Annual Assessments
and Special Assessments must be fixed at a uniform rate for all Owners' Lots.
Section 13. Right to Borrow. The Association shall have the right and authority to borrow funds,
evidenced by one or more promissory notes, for [i] payment of Common Area maintenance
subsequent to January 1, 2006, but prior to the time that assessments will cover the reasonable cost
of such, and [ii] to pay the costs incurred in adding to recreational facilities or Amenities. Such
loans shall be at such interest rates and upon such repayment terms as the Board of Directors (see
the Association Bylaws) approves, provided the Association at a called -meeting may grant
authorization that limits the authority of the Board in these matters. The Board is specifically
authorized to borrow from the Declarant for payment of Common Area maintenance.
/5-

BK 1053 PG 0256.016
ARTICLE VIII
Architectural Review Committee
Section 1. Membership. There is hereby established an Architectural Review Committee whose
members will be appointed by the Declarant. The Committee will consist of three (3) members.
One of the members must be selected from the following groups: licensed architects, engineers,
landscape architects and persons with building construction experience. The second and third
members need not have any specific professional certification and may be representatives of the
Declarant. Declarant will select the initial membership of the Committee. In the event of future
vacancies upon the committee, Declarant shall appoint successor members. Declarant may also
appoint members to terms of limited duration or replace any or all members at intervals. By
written notice to the Association, Declarant may delegate its power to appoint members of the
Committee to the Association. The power to appoint members of the Committee shall
automatically be transferred to the Association immediately following the Period of Declarant
Control.
Section 2. Duties and Powers. The Committee shall (1) review and act upon proposals and plans
submitted to it by Owners pursuant to the terms of this Declaration, (2) adopt Architectural and
Site Guidelines, and (3) perform all other duties delegated to and imposed upon it by this
Declaration.
Section 3. Architectural and Site Guidelines. The Committee may promulgate certain rules,
guidelines and statements of policy which will be know as the "Architectural and Site Guidelines."
At all times, the Committee shall maintain copies of the most recently adopted Architectural and
Site Guidelines in writing so that copies are available, upon request, to all Owners. Said
Guidelines may interpret and implement the provisions of this Declaration by detailing the
standards and procedures for review, guidelines for building and site design, landscaping, lighting,
parking, exterior materials which may be used, or are required, within the Subdivision. Such
guidelines may be interpretations and expansions of, but not in contradiction to, the terms of this
Declaration.
Any Architectural and Site Guidelines as well as all such rules, guidelines and statements of policy
as may be approved and adopted, from time to time, by the Committee as Architectural and Site
Guidelines shall be deemed incorporated as a part of this Declaration.
Section 4. Right of Inspection. Members and agents of the Architectural Review Committee,
and the Declarant and its agents may, at any reasonable and safe time enter upon the Lot of any
Owner for the purpose of inspecting the Improvements and site development and their compliance
with the Architectural and Site Guidelines.
Section S. Variances. The Committee is hereby authorized and empowered to grant reasonable
variances from the provisions of this Declaration or the Architectural and Site Guidelines in order
to overcome specific development problems or hardship caused by strict application of the
provisions of either this Declaration or the Architectural and Site Guideline. Such variances,
however, must not materially injure any of the Property, amenities or Improvements in the
Subdivision and must be made in furtherance of the spirit and purpose of this Declaration. The
/W/ 16

BK 1053 PG 0256.017
committee is specifically empowered to, at its sole discretion, grant variances of setback
requirements up to ten percent(10%) of the total Setback Distance required. The Committee will
not, however, grant any variance for setbacks less than those required by applicable zoning
ordinances unless the Owner also obtains a variance from the appropriate governmental authority
empowered to grant such variances.
Section 6. Limitation of Scope of Approval. Approval by the Committee of any Improvement
or use for a designated Lot shall not be a waiver of the Committee's right to reject a similar or
identical Improvement or use upon another Lot (or the same Lot at another time) if such
Improvement or use is of a nature that it may be rejected under the terms of this Declaration or the
Architectural and Site Guidelines. Similarly, in light of the purpose of this Declaration, approval
by the Committee of any specific set of plans does not bind the Committee to approve an identical
set of plans submitted at another time.
Section 7. Exoneration of Architectural Review Committee. The Committee shall not be
subjected to liability to any Owner or any other party by reason of its failure to enforce any
covenant, condition or restriction stated herein. Neither the Committee, nor any member thereof
shall be liable for any damage, loss or prejudice suffered or claimed by any person on account of
the approval or disapproval of any preliminary plans, plans, drawings or specifications,
construction or performance of any work or the development of any Property within the
Subdivision.
ARTICLE IX
Review Procedures
Section 1. Meeting. The Committee may meet informally, by meeting, telephone, written
communication, facsimile transmissions or such other means as the members may agree upon and
as may be sufficient to conscientiously, and fully, perform its duties.
Section 2. Materials to be Submitted for Site Plan Approval. Before initiating any
construction, alteration of existing Improvements, grading or any site or structural work upon any
Lot, the Owner must first submit construction, site and landscape plans plus such other materials as
the Committee may request. At a minimum, the plans shall show in detail:
(a) The grading work to be performed on the Lot;
(b) The nature, materials and location of all Improvements including buildings, paving,
significant plantings and screening;
(c) Setback Distances; and
(d) The location of Improvements on adjoining Lots.
The plans shall provide specific detailed information concerning (1) landscaping for the Lot, (2)
exterior lighting and (3) a building elevation plan showing dimensions, materials and exterior color
scheme.

BK 1053 PG 0256.018
Section 3. Filing Fee. In order to defray the expense of the Committee, the Committee may
require a reasonable fee for review of plans. The initial filing fee shall be Three Hundred Dollars
($300.00). The filing fee may only be increased to defray actual out-of-pocket costs to the
Declarant, such as attendance fees or travel reimbursements to the Committee Members, and in no
event may the fee exceed Four Hundred Dollars ($400.00).
Section 4. Approval Criteria. The Committee shall have the right to disapprove plans,
specifications or details submitted to it for any of the following reasons:
(a) The submission fails to comply with the terms of this Declaration or the
Architectural and Site Guidelines (including payment of the review fee);
(b) Insufficient information or failure to provide detail reasonably requested by the
Committee;
(c) The submission fails to comply with the appropriate zoning ordinance or other
Applicable Laws that may be in effect from time to time;
(d) Objection to the grading plan for any portion of the Lot;
(e) Objection to the color scheme, finish, proportions, style, height, bulk or
appropriateness of any structures; or
Section 5. Time for Review. Upon submission of al detail reasonably requested by the
Committee (received in the office of Declarant or other office as designated by Declarant), the
submitting Owner shall receive, in writing, the decision of the Committee within (30) business
days. Failure of the Committee to render a written decision within thirty (30) business days shall
be deemed approval of the submission.
Section 6. Certification of Approval. Upon the request of Owner, the Committee shall confirm
its approval of the Owner's plans by issuing a written certificate describing the specific Lot and
plans which have been approved.
Section 7. Approval is not a Warranty. Approval of the plans submitted by any Owner or other
party to the Committee shall not be construed as a certification or warranty, by either Declarant or
the Committee that (1) the plans meet with any minimum standards of suitability for use, (2) are
acceptable under any Applicable Laws, (3) conform to any other standards of quality or safety or
(4) describe Structures or development which would be safe, prudent or feasible. Neither
Declarant, the Committee, nor any member thereof shall be liable for any damage, loss or
prejudice suffered or claimed by any person on account of the approval or disapproval of any
preliminary plans, plans, drawings or specifications, construction or performance of any work or
the development of any Property within the Subdivision.
101(lo-, 18

BK 1053 PG 0256.019
Section 8. Commencement of Work. Beginning with the approval of the Committee as
described in this Article DC, the Owner or other parties submitting plans shall, as soon as practical,
satisfy all conditions of the Committee and proceed with all approved work described in the plans
and such other work as may be necessary for improvement of the Lot in accordance with this
Declaration. Commencement of Construction must begin within one hundred eighty (180) days
from the date of such approval or, the approval of the Committee shall lapse. The Committee may
, at its discretion and upon the request of Owner, extend the one hundred eighty (180) day period
for Commencement of Construction in the event that good cause is shown for such extension. For
purposes of this Section 8, the term "Commencement of Construction" shall mean that a licensed
contractor has been employed, necessary construction permits have been obtained, and
construction of grade beams, footers, slabs or the like initial construction steps has started.
Section 9. Completion of Work. All Improvements upon the Lot, including alteration,
construction and landscaping shall be completed within twelve (12) months after the
Commencement of Construction upon the Lot. This time period may be extended in the event that
work or completion is rendered impossible due to strikes, fires, national emergencies, force
majeure or other supervening forces beyond the control of Owner, lessee, licensee, Occupant or
their agents. Installation of large items of shrubbery or trees may be delayed beyond the 12 month
completion period in order to plant during the best seasons for such plantings. Installation of sod
and seeding of rear yards shall, however, be completed within the 12 month period. See also
Article X, Section 19.
Section 10. Construction Deposit. Prior to grading or commencement of any construction
activity upon a Lot, an Owner shall deposit with the Declarant or the Association (as instructed by
Declarant) the sum of Five Hundred Dollars ($500.00) per Lot. This "Construction Deposit" will
be held until the completion of construction activity upon the Lot. During the construction period,
the Construction Deposit may be applied toward the repair of any damage caused by construction
(e.g. broken curbing, damaged street shoulder or pavement, and the like), street cleaning or storm
water culvert clean out necessitated by silt or grading runoff from the Owner's Lot, or other repairs
or clean-up necessitated by acts of the Owner or his agents.
Section 11. Special Watershed Development Restrictions. The Property shall be subject to the
following special development requirements.
a. No portion of a Lot greater than two thousand (2000) square feet shall be: (i) denuded of
ground cover or top soil, (ii) graded, (iii) excavated or (iv) covered with earth or other
natural or man-made fill material, unless all required building, grading and erosion control
(on Lake Front) permits have been issued by the applicable municipal authorities.
b. All Denuded, graded, excavated or filled areas upon any Lot shall be stabilized and
replanted on or before: (i) the thirtieth (30') day following the initial denuding, grading,
excavation, or filling (unless footings and foundations are being installed upon the
disturbed area and construction is being diligently and continuously pursued upon such
area); or (ii) such time as construction is completed or interrupted for a period of thirty (30)
continuous days. In addition to, or in the absence of local or state government regulations
on such land disturbance, none of the activities described in (i) through (iv) in Article IX,

BK 1053 PG 0256.020
Section 11 a, above shall be allowed to commence without compliance with the following
requirements:
i. The surveying and flagging bf the Buffer Area and any portion of the Buffer Area
that may be disturbed as a result of any activities permitted hereunder;
H. The flagging of all trees in the Buffer Area that equal or exceed six (6) inches in
diameter, measured four and one-half feet (4.5') from the base of the tree, as is
reasonably necessary to prevent the unintentional violation of these restrictions by
parties performing work upon the Lot.
iii. The proper installation (in accordance with manufacture's instructions) of
construction silt fencing on the lower perimeters of all areas within the lot to be
disturbed, and any other areas which may be impacted by silt runoff from the Lot.
c_ Except as expressly permitted by this Declaration, no portion of any Buffer Area may be
disturbed in any way, including any disturbance or removal of topsoil, trees and other
natural growth. The following activities are permitted within the Buffer Area:
i. Trees, which are less than two (2) inches in diameter, may be removed. Any
tree removal shall be performed using hand held gas and electric chain saws and/or
manual handsaws. No other mechanical equipment or vehicles may be used in
removing of any trees.
1 50% of underbrush, shrubs, vines and similar plant growth beneath the tree
canopy, may be removed in the 100'SMP buffer area and:
iii. Pruning and trimming of trees is permitted, provided that pruning is limited to
tree branches beginning with the lowest to the ground and extending up the tree
trunk no more than eight (8) feet off the ground. Trimming may also be performed
on any limbs or branches that are diseased or naturally damaged.
iv. The use of rip -rap, bulkheading or other shoreline stabilization methods or
materials may be initiated with the prior written approval by Yadkin, Inc and any
shoreline stabilization shall be performed in compliance with Yadkin's Shoreline
Management Plan which are in effect at the time such stabilization occurs. If
Yadkin, Inc. authorizes Grantee to perform certain shoreline stabilization, then at
all points where shoreline stabilization occurs, the inner boundary line of the Buffer
Area (i.e. the boundary line opposite the Contour Line of the Lake) shall be
adjusted inward (i.e. away from the Contour Line of the Lake) by the same distance
that the stabilization activity extends from the Contour Line of the Lake to into the
Lot.
Owners are reminded that development in the High Rock Lake watershed area is regulated
by state and local laws and ordinances, which.tend to he more restrictive in nature than those
outside the watershed. Owners should pay particular attention to such laws and ordinances
Ad 20

BK 1053 PG 0256.021
concerning vegetative buffers between developed areas of a Lot and shoreline which may be
more restrictive than those imposed by this Declaration.
ARTICLE X
Section 1. Land Use, Building Type and Residential Restrictions. All Lots in the Subdivision
shall be used only for Common Area or private residential and recreational purposes. No structure
shall he erected or permitted to remain on any Lot other than one single family residential dwelling
not exceeding 2-1/2 Stories in height and those other structures expressly listed in this Article X.
No mobile home, modular home or shell home may be erected or permitted to remain on any Lot.
No bed and breakfast facility is permitted, on any Lot. No camper, trailer, motor home, boat
(including, without limitation, any boat docked adjacent to the Property), recreational vehicle, or
similar habitable or transportable unit or structure shall be allowed to remain on or adjacent to any
Lot as a place of residence.
A private attached garage (not exceeding three [3] car capacity), fixed piers and floating boat dock
facilities incidental to the residential use of a Waterfront Lot are expressly permitted upon the
condition that they are not rented or used for commercial purposes. No enclosed boathouse,
covered boat slips, or two -level piers are permitted. Piers and docks shall be subject to approval
by Yadkin, Inc. and/or any governmental entity having jurisdiction at the time such Improvements
are made.
Recreational structures, including decking, gazebos, covered patios, playhouses, barbecue pits and
similar structures may be constructed upon a Lot. The total square footage contained within such
structures when combined shall not exceed five hundred (500) square feet in area on any one Lot.
The following activities are prohibited in the Subdivision;
a. Raising, breeding, or keeping of animals, livestock or poultry of any kind, except that dogs,
cats or other usual and common household pets (which are registered, licensed and inoculated
as required by law— not to exceed four per household) are permitted.
b. Any activity which violates Applicable Laws;
c. Institutional uses, including but not limited to day care centers, churches, temples or shrines,
rest homes, schools, medical care facilities, lodges, inns, beds and breakfasts; and
d. Any business or trade, except that an Owner or Occupant residing on a Lot may conduct
business activities upon that Lot so long as: (i) the existence or operation of the business
activity is not apparent or detectable by sight, sound, or smell from outside the residence; (ii)
the business activity conforms to all zoning requirements; (iii) the business activity does not
involve regular visitation of the Lot by clients, customers, suppliers, or other business invitees;
(iv) the business activity does not involve any service, construction or delivery business in
which a commercial vehicle used in such business would be parked overnight on the Lot, or
for which any material amount of parts, equipment, supplies, raw materials, components,
trailers or tools are stored on the Lot and (v) the business activity is consistent with other

BK 1053 PG 0256.022
residential character of Sunset Pointe at High Rock Lake and does not constitute an
unreasonable disturbance to other Owners and Occupants, a nuisance, or a hazardous or
offensive use. The foregoing shall trot preclude occasional garage sales, moving sales,
rummage sales, or similar activities provided that such activities are not held on a Lot more
than once in any six-month period_ The terms "business" and "trade" as used in this
provision, shall be construed to have their ordinary, generally accepted meanings and shall
include, without limitation, any occupation, work, or activity undertaken on an ongoing basis
which involves the provision of goods or services to persons other than the provider's family
and for which the provider receives a fee, compensation or other form of consideration,
regardless of whether: (i) such activity is engaged in full or par -time, (ii) such activity is
intended to or does generate a profit, or (iii) a license is required. The leasing of any Lot for
single-family residential use shall not be considered a business or trade within the meaning of
this subsection.
e. Camping on any unimproved Lot
Declarant may convert any Lot owned by Declarant to a Common Area designation and use.
Section 2. Dwelling Size. Within Sunset Pointe at High Rock Lake, each single family residential
dwelling shall comply with the following size requirements:
a. One Story dwellings on Water Front Lots shall not contain less than 2,000 square feet of
Heated Living Area and One Story dwellings on Interior Lots shall not contain less than 1,800
square feet of Heated Living Area; Patio Homes shall not contain less than 1200 square feet of
Heated Living Area; Condominium Homes shall not contain less than 1000 square feet of
Heated Living Area.
b. One and a Half Story dwellings on Water Front Lots shall not contain less than 2,200 square
feet of Heated Living Area and One and a Half Story dwellings on Interior Lots shall not
contain less than 2,000 square feet of Heated Living Area;
c. Two (or more) Story dwellings on Water Front Lots shall not contain less than 2,400 square
feed of Heated Living Area with at least 1,400 square feet of Heated Living Area on the
ground story. Two (or more) Story dwellings on Interior Lots shall not be less than 2,200
square feet of Heated Living Area with at least 1,400 square feet of Heated Living Area on the
ground Story.
Section 3. Building Construction and Quality. All buildings and outbuildings erected upon any
Lot shall be constructed of new material of good grade, quality and appearance and shall be
constructed in a high quality, workmanlike manner. No building shall be erected unless it is
completely underpinned with a solid brick, or stucco, brick or stone -covered foundation.
The exterior surfaces of all dwellings and accessory structures shall be covered only in brick,
stone, hard stucco (synthetic stucco is not permitted), wood, or siding (no logs or siding with a log
appearance) consisting of wood, composite or cement base material; provided, that any horizontal
siding must be completely back supported to maintain a straight and even outer surface and must
,,22 22

BK 1053 PG 0256.023
be fully and properly finished. No Vinyl siding or Vinyl shapes is allowed as a siding material on
any side of the home. Vinyl Soffit is acceptable.
All dwellings shall have roofs (except for dormers, porches and bay windows) of not less than 6 in
12 pitch and not less than 12 in overhang, covered with slate, cedar shakes, terra cotta tile, copper
sheathing, or architectural fiberglass shingles.
Section 4. Temporary Structures. No residence or building of a temporary nature shall be
erected or allowed to remain on any Lot, except that nothing herein shall prohibit Declarant from
erecting or moving temporary buildings onto the Lots owned by Declarant, to be used for storage
or construction or sales offices.
Section 5. Building Setback Lines. No building on any Lot (including any stoops, porches, or
decks, whether attached or unattached) shall be erected or permitted to remain within any Side
Setback, Street Setback, or Rear Setback as defined in this Declaration or as noted on the Map.
Piers and dock facilities area exempt from the Rear Setback Restrictions. In the event any zoning
or subdivision ordinance, floodway regulation or other ordinance, law or regulation applicable to a
Lot shall prescribe greater setbacks, then all buildings erected during the pendency of that zoning
or subdivision ordinance, floodway regulations or other ordinance, law or regulation shall conform
to said requirements. No masonry mailboxes or other Improvements may be constructed or placed
within any Private Road or public road right of way.
Section 6. Minor Setback Violations. In the event of the unintentional violation of any of the
building setbacks set forth in this Declaration by an amount often percent (10%) or less, Declarant
reserves the right, which right shall be vested in and may be exercised by the Association after
Declarant's Founder's Class Membership in the Association has converted to Owner's Class
Membership, but is not obligated, to waive in writing such violation ofthe setback upon agreement
of the Owner of the Lot upon which the violation occurs and the Owner of any Lot adjoining the
violated setback, provided that such a change is not in violation of any zoning or subdivision
ordinance or other applicable law or regulation, or, if in violation, provided that a variance or other
similar approval has been received from the appropriate governmental authority.
Section 7. Combination or Subdivision Lots. Except as otherwise set forth herein, no Lot shall
be subdivided by sale or otherwise so as to reduce the Lot area shown on the Map. However, a Lot
Owner may combine with a portion or all of another contiguous Lot so long as the parcel or
parcels which result from such combination do not violate any zoning ordinance or other
Applicable Law. In the event that two or more Lots are completely combined so as to create one
parcel, the resulting parcel shall be considered as one Lot for the purposes of this Article X, but
shall continue to be considered as two Lots for all other purposes (including voting and
assessments). Furthermore, the Owner of any Lot which combines with all or a portion of a
contiguous Lot shall be solely responsible for any costs which may result from such combination,
including the costs of relocating any existing, easements. Notwithstanding the foregoing, Declarant
reserves the right to change the boundaries or dimensions of any Lots still owned by Declarant as
may be need to meet Septic System requirements or for any other reason.
Section 8. Utility Easements. Declarant hereby reserves easements for the installation and
maintenance of utilities (electricity, sewer (including private septic lines), water, gas, telephone,
�� 23

BK 1053 PG 0256.024
cats, street lights, etc.) and drainage facilities over all of the area labeled on the Map as "Common
Open Space", front and rear ten (10) feet of each other Lot (with the exception of the Lots along
the waters of High Rock Lake, which will not have a ten (10) foot easement over the rear of each
such lot (i.e. the High Rock Lake Side) and fifteen (15) feet in width along each side lot line of all
lots. i
Declarant additionally imposes an easement over and upon all Common Area for the installation,
maintenance and repair of Septic System piping, lines, pumps and equipment installed by
Declarant and used to transport sewage from any Offsite Septic Lot to its Appurtenant Septic
Easement Area.
Section 9. Entrance Monument Easement. Declarant hereby grants, establishes and reserves,
for the benefit of Declarant and the Association, and their successors and assigns, a non-exclusive
perpetual easement (the "Entrance Monument Easement") for the purpose of erected and
maintaining the Entrance Monument for the Subdivision over any portion of the Subdivision
identified as "Entrance Monument Easement" on the Map.
Declarant or the Association shall have the right to enter, landscape and maintain the Entrance
Monument Easement as any entryway to the Subdivision. Further, Declarant or the Association
may erect and maintain one or more monuments, with an entrance sign thereon and may erect and
maintain lighting, planters and other Improvements typically used for an entryway.
Section 10. Stormwater Drainage Easement. Declarant hereby establishes and reserves over the
Common Areas an easement for drainage of stormwater runoff from the Lots and Private Roads
within the Subdivision.
Section 11. Flood Easement. Yadkin, Inc. has reserved easements and rights with respect to the
Subdivision for the right to clear and flood 'property up to the elevation of 665 feed above mean
sea level, in connection with the operation of its power facility. The clear and flood easements
may affect building plans for the Lots.
Section 12. Fences and Walls. No fence or: freestanding wall, may be erected nearer the front lot
line of a Lot than the front face of the dwelling located on Such Lot. In the case of a comer Lot,
no side yard fence shall be located nearer than the side of the house facing the side street line. No
fences or walls, greater than five (5) in height are permitted. Chain link o tal fencing is not
permitted, except that decorative wrought iron or high quality aluminum or vinyl-c a encing
maTe—va-5h the appearance of wrought iron is permitted. Perimeter fencing shall not have more
than fifty (50) percent of any of its surface closed as viewed from a point on a line of sight
perpendicular to the line of the fence. A wall constructed of brick or stone and used in lieu of a
fence is exempt from the openness test. The restrictions described in this Section 12 shall not
apply to any Improvements originally installed by Declarant on any Common Area.
Section 13. Signs. No signs may be erected or displayed on any Lot except for the following,
which may not exceed six (6) square feet in size: (a) one sign on the Lot only advertising the Lot
of sale or rent; (b) one sign on the Lot only used by a builder to advertise the Lot during the

BK 1053 PG 0256.025
construction and sales period (such sign ay list subcontractors, suppliers, lenders, architects,
engineers and like parties involved in the sign, not on separate signs); and (c) political, yard -sale or
similar temporary signs. Strictly prohibited during the period of construction on a Lot are the
following: (a) separate signage listing subcontractors; (b) signage advertising services or goods for
sale, specifically including construction services; and (c) general advertising in the nature of
handbills.
These restrictions do not apply to the Entrance Monument, to temporary entry signs or advertising
by Declarant, or "for sale" signs installed by Declarant or its agents prior to the sellout of the
Subdivision. Declarant reserves the right to erect and maintain such signs designating streets,
Amenities, and such other signs that will aid in the development of the Subdivision.
Use of unapproved signage shall be violation of this Declaration and the Declarant or the
Association may levy a fine of not more than One Hundred Fifty Dollars ($150.00) per day for
such violation. Such fines shall be assessments and shall constitute a lien upon the Owners Lot
when a claim of lien is filed of record in jthe office of the Clerk of Superior Court of Rowan
County. Owners are strictly responsible for all signage erected by their agents, contractors,
subcontractors, suppliers, and any other parties employed directly or indirectly by Owner, or who
provide services or materials to the Owners Lot. Declarant or the Association may enter onto a
Lot at any time to remove signage which is in violation of this Article X, Section 13.
Section 14. Antennas; Satellite Dishes or Ibises. Except as hereinafter provided, no transmission
or reception towers, antenna, dishes or discs shall be erected or maintained on any Lot. The
following are specifically permitted:
1. Any antenna designed to receive direct broadcast satellite service, including direct -to -home
satellite service, of one meter or less in diameter;
2. An antenna designed to receive video programming services via multi -point distribution
services, including multi -channel, multi -point distribution services, instructional television
fixed services, or local multi -point distribution services, of one meter or less in diameter or
diagonal measurement; or
3. An antenna designed to receive television broadcast signals.
A roof -mounted antenna may be mounted on the roof of the house; provided, however, no antenna
or related structures may be mounted on the masts exceeding ten (10) feet in height above the
highest roof line ridge of the house. Any dish, disc or antenna (with associated mast if any) shall
be reasonably screened from view from High Rock Lake and the Street, and shall not be located in
the area between the street right-of-way line and the front of any house or within the setbacks of
Buffer applicable to the Lot No antenna, discs or like transmission or reception device shall be
mounted on a freestanding tower without the express consent of the committee.
Section 15. Lot Maintenance; Trash Disposal. Each Owner shall keep his Lot in a clean and
orderly condition and shall keep the Improvement thereon in a suitable state of painting and repair,
promptly repairing any damage thereto by fire or other casualty. No Lot shall be used in whole or
4:2� 25

BK 1053 PG 0256.026
in part for storage of trash of any character whatsoever and no trash, rubbish, stored materials or
similar unsightly items shall be allowed to remain on any Lot outside of any enclosed structure,
except when temporarily placed in closed, sanitary containers pending collection by trash
collection authorities or companies. Structures, equipment or other items which are visible form
any road or adjacent property which have become rusty, dilapidated, or otherwise fallen into
disrepair, shall not be kept on any Lot. Owners shall not allow trash cans to remain at the curb for
more than 24 hours for each pick up date.
Section 16. Off -Road Parking; Ott Water Boat Storage. The residence on each Lot shall be
served by a driveway constructed of concrete, asphalt, brick or other hard finished surface
approved by the Committee. If any driveway crosses a drainage ditch or swale, the Owner is
required to install, at the Owner's expense, any necessary piping or culverts before the
commencement of any other construction or grading on the Lot. Specifications for any such
piping or culvert must be approved by the Committee and installed in accordance with the
approved specifications and Applicable Lav`s.
No truck or commercial vehicle in excess of one -ton load capacity, any truck of more than two
axles, any vehicle under repair, or wrecked or junked motor vehicle shall be parked upon or
permitted to remain on any Lot, the Amenity' Area, Parking Area, or any other Common Area. No
boat or boat trailer may be parked, left or stored on an Amenity Area or Parking Area unless such
Amenity Area is a designated dry storage area for boats and trailers. No trailer, motor home,
recreational vehicle or camper shall be used as a residence, either temporarily or permanently, or
be parked upon or be permitted to remain on any Lot of a period exceeding 24 hours unless it is
parked off the street and not within the street or side setbacks of the Lot. All trucks, trailers,
campers, motor homes and recreational vehicles must have a current license plate affixed. All
automobiles must have a current license plate affixed and must be parked in a carport, enclosed
garage, or driveway.
Other than incidental street parking for not more than twenty-four (24) hours at a time, all
automobiles and other vehicles must be parked in a carport, enclosed garage, or driveway. From
time to time guests however, may park automobiles in the streets when an Owner conducts social
functions and the like. This is limited right of street parking may be restricted by reasonable rules
adopted by the Committee if such parking creates a bona -fide nuisance or safety hazard.
Unless parked within an enclosed garage, no `large" (over 28 feet in length) boat andfor boat
trailer, shall be kept upon any Lot. Boats or boat trailers less than 28 feet in length, not stored
within an enclosed garage, must be stored to the rear of the house, but not within the Side Setback.
Section 17. Sewage Disposal Every dwelling unit erected on any Lot shall be served by an
approved septic system for the disposal of sewage, or connected to a private or public sewage
disposal system. If a private of public system becomes available then all lots must hook up to the
private or public system. All well water and septic systems or other private sewage disposal
systems shall be approved by, and constructed and maintained in accordance with, all the
regulations and requirements of all goveriunental authorities and regulatory agencies having
jurisdiction.
�� 26

BK 1053 PG 0256.027
Declarant hereby reserves and grants unto itself, its successors in interest, and assigns, a right and
easement benefiting Declarant and rd each Lot for ose of permitting Declarant to
modify and reassi t ermissible construction enve ope for wells and septic systems. Declarant
rese�ry T is right and easement in order to address problems caused by Lot Owners encountering
non -porous rock or other conditions making a well in the originally designated location (or
approved alternate locations) impossible or uneconomic. If a third party Owner has expended'
money to install part or all of a well on a Lot where Declarant desires to realign the permissible
well or septic system location, the Declarant shall install a comparable well system in the new
location, pay any applicable governmental fees, and arrange for the switch in hookup to the
residence, all at the Declarant's sole cost and expense.
Owners are advised that grading or other alteration to the designated septic field area may void
existing improvement permits and no such alteration should be performed without the consent of
the applicable health department.
Section 18. Nuisances. No noxious or offensive trade or activity shall be carried on upon any Lot
or in any residential dwelling or outbuilding, nor shall anything be done thereon which may be or
become an annoyance or nuisance to the neighborhood. No substance, thing or material shall be
kept upon any Lot that will emit foul or obnoxious odors, or that will cause any noise that will
disturb the peace and quiet of the Owners or Occupants of the surrounding Lots.
Section 19. Diligent Construction, Construction Site Hygiene. All construction, landscaping or
other work which has been commenced on any Lot must be continued with reasonable diligence to
completion and no partially completed houses or other Improvements shall be permitted to exist on
any Lot or Common Area, except during such reasonable time period as is necessary for
completion. (See Article IX, Section 9)
No construction materials of any kind may be stored within twenty five (25) feet of any Private
Road or public road curbs on any Lot.
Any damage to any street, curb, shoulder, side ditch, street planting, or any part of any Common
Area or any utility system caused by Declarant, any owner or any builder shall be repaired by such
responsible party. If such responsible party fails to repair such damage, Declarant or the
Association may make or provide for such repairs, and the responsible Owner shall immediately
reimburse the repairing party for its out of pocket expenses in making such repairs.
In the event that the responsible Owner fails to reimburse the repairing party, the Declarant or
Association may take reimbursement from the Construction Deposit posted by the Owner. The
Owner thereafter immediately deposits an additional sum to the Construction Deposit so that the
balance is not less than $500.00.
The Owner of each Lot and any builders shall at all times keep contiguous public and private areas
free from any dirt, mud, garbage, trash or other debris which is occasioned by construction of
Improvements on the Lot or Common Area. Declarant or the Association may provide for the
cleaning of public and private areas due to the activities of the responsible party and may assess
the responsible party a reasonable charge no the exceed the actual cost for such cleaning. All
�� 27

BK 1053 PG 0256.028
Owners and builders shall, consistent with standard construction practices: (i) keep all portions of
the Lots and Common Areas free of unsightly construction debris; (ii) shall at all times during
construction provide dumpsters for the containment of garbage, trash or other debris which is
occasioned by construction of Improvements on a Lot or Common Areas; (iii) keep the Lot and all
Common Areas free of such garbage, trash or other debris; and (iv) provide a port -a John on the
construction site maintained in a sanitary manner. Each Owner and any Owner's builder shall be
responsible for erosion control protection during any earth -disturbing operation.
Section 20. Removal of Trees and Other Vegetation — Enforcement. Declarant and/or the
Association shall have the authority, but no the obligation, in their sole discretion, to assess a fine
against an Owner who cuts, damages, or removes any trees, shrubs or other vegetation on any part
of the Common Areas, its Lot or any other Lot or Common Area contrary to the above provisions
of this Declaration.
Section 21. Docks, Piers, and Boat Houses. Yadkin, Inc. manages access to, use of, and water
levels in High Rock Lake. Any Owner, the Declarant and the Association must receive permission
from Yakin, Inc. (or a successor manager of High Rock Lake under authority from FERC) prior to
placing or constructing any pier of other Improvement within or upon, or conducting any activity
altering the topography of High Rock Lake. Declarant makes no oral, express or implied
representation or commitment as to the likelihood of any Owner obtaining such permission, nor as
to the continued existing purity, depth or levels (including clearance of over -water bridges or
trestles) of water in High Rock Lake, and Declarant shall have no liability with respect to these
matters.
Any waterfront Improvement shall have an open design to minimize obstruction of neighbors'
views. Covered boatslips, enclosed or multi -level docks, and boat houses will not be allowed.
The placement, construction, or use of the Pier, Boatslips, and of any other pier, dock, boatslip
structures or other Improvements within or upon, or the conducting of any activity altering the
topography of High Rock Lake, is and shall be subject to each of the following:
(a) Easements, restrictions, rules and regulations for construction and use promulgated
by the Association;
(b) All laws, statutes, ordinances and regulations of all Federal, State and local
governmental bodies having jurisdiction thereof, including without limitation,
FERC;
(c) Rules and regulations, privileges, and easements affecting the Property and the
waters and submerged land of High Rock Lake established by Yadkin, Inc., its
successors and assigns. Yadkin, Inc. is the manager of High Rock Lake under
authority granted by FERC; its current management plan runs through August 31,
2008. As manager of High Rock Lake, Yadkin, Inc. manages access to, and the use
and level of, the waters of High Rock Lake; and
Section 22. Boat Ramps. No private boat ramps of any kind shall be permitted on any Lot

BK 1053 PG 0256.029
Section 23. Grading Rights. Until such time as the Owner's plans have been approved by the
Committee, Declarant may make cuts and fills upon any Lot or other portion of the Subdivision
and do such grading, panning, and earth moving, as in its sole reasonable discretion, may be
necessary to improve or maintain the streets within the Subdivision or to drain surface waters from
them.
Section 24. Violations. In the event that any Lot is developed other than in strict conformity with
this Declaration and the approval of the Committee, such development must be removed or altered
so as to be in compliance. Any unauthorized use of the Lot must be ended so as to extinguish any
violations of this Declaration or the approval granted by the Committee, At any time a violation of
this Declaration or the approval granted by the Committee may be found to exist, regardless of the
length of time such violation, the Declarant or the Committee may deliver written notice of such
violation to the Owner of the Lot in violation and any other responsible parties. If reasonable
measures have not been taken by the Owner or other responsible parties to terminate the violation
within ten (10) business days, the Declarant or Committee may, through agents or employees,
enter onto the Lot and take such measures as may reasonably be necessary to abate the violation.
Such entry shall not be deemed a trespass and those parties entering on behalf of Declarant or the
Committee shall have no liability to the Owner or other parties having an interest in the Lot for any
entry taken in connection with the abatement of a violation. All costs and expenses, including
legal fees, permits, mobilization costs and insurance plus a fifteen percent (15%) allowance for
general overhead and intangible costs, shall be a binding obligation of the Owner of the Lot in
violation. In addition, all costs shall be a lien upon the Lot, enforceable in the same manner as an
assessment made upon the Lot
Section 25. Construction. Construction of all Improvements and other development upon the
Lot shall be the responsibility of the Owner. Neither Declarant nor the Committee shall have any
responsibility whatsoever for monitoring or control of construction.
There shall be no occupancy of any residence until such time as the residence and all other
completed Improvements and work upon the Lot (including any off site Septic Easement Area) are
inspected and approved by the Committee as being in accordance with the plans approved by the
Committee. Upon written notice of completion of a residence, the Committee shall have ten (10)
days to make such reasonable inspections as it deems necessary. In the event that the Committee
discovers that Improvements or other work upon the Lot have been done other than in accordance
with the plans approved, the Committee shall give Owner written notice of such violations. In the
event that the Committee finds that all Improvements and work upon the Lot have been
accomplished in accordance with the plans approved, then, the Committee may, upon request of
the Owner, issue a certificate of compliance to the Owner.
Section 26. General Repair and Maintenance. It shall be the duty of Owner to keep and'
maintain all of the Lot, except as expressly stated otherwise herein, including those areas within
setbacks, utility easements, and the like. The Owner shall keep the entire Lot safe, neat, free of
hazards and shall comply with all fire, zoning, health, environmental and other requirements as
may legally apply to the Lot. Owner shall keep the Lot clear, clean and free of all unsightly scrap,
rubbish or other materials at all times, including the construction period.

BK 1053 PG 0256.030
Section 27. Utility Lines. All utility service lines from the street or from existing power or
telephone poles to the Improvements (and between any Improvements) on any Lot shall be
installed underground.
Section 28. Non -Waiver. No delay or failure on the part of an aggrieved party to invoke an
available remedy in respect to a violation of any provision contained herein or referred to herein
shall be held to be a waiver by that party of any right available to the party upon the recurrence or
continuance of said violation or the occurrence of a different violation.
Section 29. Rights of Yadldn, Inc. Yadkin, Inc. has certain privileges and easements affecting
the Subdivision which include the right to enforce certain restrictive covenants, and the right,
privilege and easement of backing, ponding, raising, flooding, or diverting the waters of High
Rock Lake and its tributaries upon and over the Subdivision.
Section 30. Private Road Easement. Declarant specifically establishes, reserves, and grants to
the Owners of the Lots, the Association and Declarant, their heirs, successors and assigns, non-
exclusive, perpetual easements over any Private Roads which may be constructed, in the widths
and in the locations as may be shown on the Map, for the purpose of pedestrian and vehicular
access, including golf carts and bicycles, as well as ingress and egress to the Lots and Common
Areas, and for the installation and maintenance of paved roadways and of utilities and drainage
facilities. Within the Private Roads, no structure, planting or other materials shall be placed or
permitted to remain which may damage or interfere with the installation and maintenance of the
roadways located therein or the other utilities or drainage facilities installed therein.
Section 31. Mailboxes. Mailboxes shall be of a consistent design, color and material designated
by the Declarant or, if the Declarant so delegates, by the Committee, and may not violate North
Carolina Department of Transportation standards. See Article VIII, Section8 for further restrictions
Section 32. Driveways. All connections of private driveways to the North Carolina State or any
municipal road system, and all connections of private easements and right-of-ways to that road
system shall be constructed and maintained in accordance with all Applicable Laws and the rules,
regulations and specifications as approved from time to time by the Committee.
Section 33. House Numbers. House numbers are to be displayed in compliance with all Rowan
County ordinances.
ARTICLE XI
Environmental Hygiene
Underground storage tanks for chemicals, or other substances having the potential to cause damage
by accidental discharge into the soil, are prohibited in the Subdivision.
ARTICLE XII
Duration, Modification and Termination
t�o 30

BK 1053 PG 0256.031
Section 1. Amendment. The covenants, conditions and restrictions of this Declaration may be
amended at any time and from time to time by an agreement signed by Owners holding a majority
of votes appurtenant to the Lots which are then subject to this Declaration; provided, however, that
such amendment must be consented to by Declarant so long as Declarant is the Owner of any Lot
in the Subdivision including any Additional Property. Any such amendment shall not become
effective until the instrument evidencing such change has been filed. The consent of a majority of
the Owners of Lots, plus the written consent of Declarant shall be required to withdraw any portion
of the Property from the requirements of this Declaration.
Notwithstanding anything in this Article XII, Section 1 to the contrary, Declarant may, at
Declarant's option, amend this Declaration without obtaining the consent or approval of any other
person or entity if such amendment is necessary to cause this Declaration to comply with the
requirements of FHA, VA, The Federal National Mortgage Association, or other similar agency.
Declarant, without obtaining the approval of any other person or entity, may also make
amendments or modifications hereto which are correctional in nature only and do not involve a
change which materially adversely affects the rights, duties or obligation specified herein.
Section 2. Term. The covenants and restrictions of this Declaration are to run with the land and
shall be binding upon all parties and all persons claiming under term for a period of twenty-five
(25) years from the date this Declaration is originally Filed; after which time said covenants and
restrictions shall be automatically extended for successive periods of ten (10) years unless an
instrument signed by Owners holding a majority of the votes appurtenant to the Lots, plus
Declarant, if Declarant then owns any Lot, has been recorded, agreeing to terminate or modify said
covenants and restrictions in who or in part. Provided, however: [I] the residential use restriction
set forth in Article X Section 1 of this Declaration shall run with the land and shall be binding
upon all parties and persons claiming under them in perpetuity and [ii] this Declaration shall not be
terminated except by a Filed instrument signed by Owners holding 100% of the votes appurtenant
to the Lots, plus Declarant, if Declarant then owns any Lot, so long as any septic percolation/drain
field and Septic System is operated for the benefit of any Offsite Septic Lot or so long as any
Private Roads are Maintained by the Association and have not been accepted for public
maintenance.
ARTICLE XHI
Enforcement
Any violation of this Declaration, whether in whole or in part, is hereby declared to be a nuisance
and, without limitation, any party empowered to enforce this Declaration may avail itself of all
remedies available under Applicable Laws for the abatement of a nuisance in addition to all other
rights and remedies set forth hereunder or otherwise available at law. This Declaration may be
enforced by Declarant, its successors and assigns (including without limitation the Association
after the termination of Founders Class Membership), by proceedings at law or in equity against
the person or entity violating or attempting to violate any covenant or restriction, either to restrain
the violation thereof, abate or to remediate damage caused by the violation, or to recover damages,
all together with reasonable attorney's fees and court costs. Further, after the termination of
Declarant's Founder Class membership in the Association, in the event the Association fails to act
21

BK 1053 PG 0256.032
to enforce any covenant or restriction herein, any Owner of any Lot may enforce these covenants
and restrictions as aforesaid against any other Owner.
ARTICLE MV
Declarant Retained Rights and Septic Easements
Section 1. Assignability of Rights. All rights, powers and reservations of Declarant stated herein
may be assigned. If at any time Declarant ceases to exist and has not previously made an
assignment of his rights, a successor of Declarant may be appointed by the written vote of a
majority of the Owners. Any assignment made pursuant to the terms of this section shall be Filed
in Rowan County, North Carolina.
Section 2. Exoneration of Declarant. It is agreed by all Owners and by any other party having
an interest in any Lot that Declarant has no duty to enforce any of the covenants and restrictions
contained herein. Declarant shall not be subject to Liability to any party by reason of its failure to
enforce any covenant, condition or restriction herein.
Section 3. Septic Easements. Non-exclusive easements for septic service and septic drainage
fields (the "Septic Easements") are reserved and granted, over, across and under the Septic
Easement Areas, to the Declarant and any Offsite Septic Lot Owners. After transfer from the
Declarant, the Association shall hold title to the Septic Easement Area subject to any and all Septic
Easements. As long as the Subdivision is not serviced by a public or private sewer line, the
Association shall not transfer, mortgage, encumber or otherwise convey any Septic Easement Area
or any portion thereof to any other party.
Each Septic Easement shall be appurtenant to the Offsiw Septic Lot to which it is servienL Any
deed, deed of trust, mortgage, transfer or other conveyance of any Offsite Septic Lot shall also
transfer or convey the Septic Easement appurtenant to the Offsite Septic Lot, even if no expressly
stated in the instrument of transfer.
Each Septic Easement herein reserved and granted shall include the right, at the sole expense of the
Owner of the Offsite Septic Lot, to construct, maintain, operate, remove and reinstall a Septic
System in an upon the appurtenant Septic Easement Area and to clear (and continue to clear as
necessary) trees, brush and other plants for the proper construction, installation and maintenance of
said system. The Owner of the Offsite Septic Lot shall immediately restore the surface of the
Septic Easement Area disturbed by installation and maintenance of a Septic System to a stable,
reasonably compact and safe grade, seed (with the seeding covered with hay or other appropriate
material) or planted and maintained substantially similar to that condition existing prior to the
Owner's work. Failure to completely fulfill the requirements of the preceding sentence, including
seeding, shall result in a charge of Five Hundred Dollars ($500.00) for each violation which charge
shall be a lien upon the Owner's Lot. If any Owner's attempted seeding does not "take", the
Owner is required to repeat the process until a stable grass cover, sufficient to prevent erosion and
washing in obtained. Should the owner of such Lot fail to restore the surface of the Septic
Easement Area, in the sole judgment of the Declarant or the Board of Directors, then the Board of
Directors shall have the power to specially assess such Owner for any costs of restoration in excess
of the Five Hundred Dollar ($500.00) initial charge. The Declarant or the Association may extract
3-?, 32

BK 1053 PG 0256.033
the Five Hundred Dollar ($500.00) charge or any excess cost of restoration from the Owner's
Construction Deposit. No Owner shall occupy the residence on his or her Offshe Septic Lot until
the restored surface of the Septic Easement Area meets the requirements of this paragraph.
Owners of each of the Offsite Septic Lots and their agents are granted the right of ingress, egress
and regress over and across such portions of the Septic Easement Areas as may be necessary to
access the Septic Easement Area appurtenant to such Owner's Offsite Septic Lot.
The Owner of the Lot for which a Septic System is being installed shall be responsible for
obtaining all permits for the use of said Septic System and shall hold the Declarant and the
Association, its successors and assigns, harmless from any loss, damage or liability relating
thereto, except to the extent that such loss, damage or liability results from the negligent or willful
act of the Declarant or the Association. Prior to the installation of a Septic System within the
Septic Easement Area, the Owner of the Offsite Septic Lot for which the Septic System is being
installed shall have the proposed location of such Septic System staked and approved by the
appropriate authorities, and such Septic System shall be approved by, and constructed and
maintained in accordance with all regulations and requirements of all governmental authorities and
agencies having jurisdiction. The Owner of the Offsite Septic Lot to which a Septic System
Easement Area is appurtenant shall be responsible to operate and maintain the Septic System
located thereon at such Owner's sole cost and expense.
The Septic Easements hereby granted and reserved shall run with the title to the Offsite Septic Lots
to which they are appurtenant. At such time as any Offsite Septic Lot is connected to a public or
private sewer line and is serviced thereby, then the Septic Easement reserved and granted for the
benefit of that Offsite Septic Lot shall terminate.
Declarant hereby reserves and grants unto itself, its successors in interest, and assigns, a right and
easement benefiting Declarant and burdening each Offsite Septic Lot for the purpose of connecting
any residence(s) upon such Lot(s) to any public or private sewer line providing service accessible
to such Lots, including access across the Lots and to the right to install any pipes and apparatus as
may be necessary to connect any such residence(s) to such sewer line (the "Sewer Connection
Easement"). By reserving the Sewer Connection Easement, Declarant has not obligated itself or
its successors or assigns to connect any public or private sewer line to the above -described Lots or
to make any sewer service available to such Lots. The exercise of such rights and the Sewer
Connection Easement shall be at the sole discretion of the Declarant, its successors in interest and
assigns.
Declarant hereby further reserves unto itself and its successors in interest, a right an easement
benefiting Declarant and burdening each Offsite Septic Lot. Declarant may, in its discretion,
replace the original Septic Easement Area appurtenant to that Offsite Septic Lot. The replacement
shall be evidenced by a Filed revision of that portion of the Map showing the Offshe Septic Lot
and the appurtenant Septic Easement Area if the Offsite Septic Lot is then still owned by the
Declarant. In the event that the Offsite Septic Lot is then owned by a third party Owner, such
Owner shall cooperate with Declarant by executing such title transfer documents as are necessary
to consummate the replacement of the original Septic Easement Area with a replacement Septic
Easement Area. If the third party owner has expended money to install part or all of a septic
93 33

BK 1053 PG 0256.034
system in the original Septic Easement area, Declarant shall install a comparable system in the new
Septic Easement Area, pay any applicable governmental fees, and arrange for the switch in service,
all at Declarant's sole cost and expense.
Portions of septic connector lines from multiple Offsite Septic Lots may be buried in one or more
common trenches to connect Offsite Septic Lots with the percolation/drain field area of the Septic
Easement Areas appurtenant to those Lots. The Septic Easement Areas of multiple Offsite Septic
Lots will overlap in the area of such trenches. In the event of damage to, or leakage from, the
portion of any septic connector line which is: (i) buried in a common trench; and (ii) located
between the Lot line of an Offsite Septic Lot and the percolation/drain field of that Lot's
appurtenant Septic Easement Area; the repair of such septic connector line shall be the
responsibility of the Association and all costs shall be deemed an expense for the Common Area
maintenance. This allocation of repair duty and expense is made so that the Association may
control and monitor all work in the common trench area where use of contractors unfamiliar with
the installation could result in errors and damage with resulting loss of septic function to multiple
Owners.
The Association shall promptly act to repair any damage or leakage and will seek expeditious
repair when any affected Owner might otherwise be without a functional Septic System. The
Association shall, by subrogation, succeed to the rights of any affected Owner against any parties
who caused damage to such septic connector lines.
Section 4. Temporary Construction Easements. Declarant reserves for itself and its agents the
right and easement to, from time to time, go over and upon (including trucks, equipment and the
like) any Lot for the purpose of installing wells, septic systems, infrastructure or other work
necessary in the Subdivision, whether the work benefits the Lot over which access is made or other
Lots. Declarant will repair any material damage to the Lot over which access is made and will
exercise care to minimize the time of such work and the damage made by the work or access.
Section 5. Reservation of Maintenance Option and General Monument Easement. Declarant
hereby reserves, for the benefit of the Association, any option of maintenance (including
landscaping and beautification) upon and over the frontage of any Lot up to ten (10) feed in width.
This option shall run along and with the margin of the right of way of all public or private roads
within or adjoining the Subdivision. The Association may exercise its option of maintenance
either on a continuing basis or from time to time at its sole discretion. This option may be
exercised with respect to all Lots or only to selected area, all in the sole discretion of the
Association. All expenses of this maintenance option shall be assessed by the Association as
annual or special assessments. An easement is reserved in favor of the Association and its agents
to go upon the front ten feet (10') of each Lot in order to carry out the maintenance option created
herein and also to perform any permissible work upon the shoulder or drainage facilities of any
public roadway or Private Road_
Declarant hereby also grants, establishes and reserves, for the benefit of Declarant and
Association, and their successors and assigns, a non-exclusive perpetual easement (the "General
Monument Easement's upon the front ten feet (10') of each Lot (along the margin of the right of
way of all public or private roads within or adjoining the Subdivision) for the purpose of erecting
2�1 34

BK 1053 PG 0256.035
and maintaining "General Monuments" in the nature of piers, columns, decorative fencing,
lighting, or other Improvements which may serve to identify the Subdivision. Declarant or the
Association shall have the right to enter the Entrance Monument Easement to construct, inspect,
maintain, repair or replace the monuments of Improvements erected therein.
ARTICLE XV
Partial Taping
In the event that any portion of the Subdivision is taken or purchased in any manner in the nature
of a condemnation or other governmental taking, such taking will not render invalid any provision
contained in this Declaration.
ARTICLE XVI
General
Section 1. Mortgagees' Protection. Violation of this Declaration shall not defeat the lien of any
Mortgage made in good faith and for value upon any portion of the Property. Any lien created
hereunder shall be subordinate to any such Mortgage unless a lis pendens or notice of the lien shall
have been Filed prior to the recordation of such Mortgage; provided, however, that any Morgagee
in actual possession or any purchaser at any trustee's mortgagee's or foreclosure sale shall be
bound by and be subject to this Declaration as fully as any other Owner.
Section 2. Chain of Title. Each grantee, lessee or other person in interest or occupancy accepting
a conveyance of a fee or lesser interest, the demise of a leasehold interest, or a license, in any Lot,
whether or not the instrument of conveyance refers to this Declaration, covenants for himself, his
heirs, successors and assigns to observe and perform and be bound by this Declaration and to
incorporate this Declaration by reference in any conveyance, demise of a leasehold estate, or the
grant of a license, of all or any portion of his interest in any real property subject hereto.
Section 3. Ambiguities. If any discrepancy, conflict or ambiguity is found to exist with respect to
any matters set forth in this Declaration, such ambiguity, conflict or discrepancy shall be resolved
and determined by Declarant in its sole discretion. Declarant shall have the right to interpret the
provisions of this Declaration and, in the absence of an adjudication by a court of competent
jurisdiction to the contrary, its construction or interpretation shall be final and binding as to all
parties or property benefited or bound by the provisions hereof. Any conflict between any
construction or interpretation of Declarant and that of any other person or entity entitled to enforce
any of the provisions hereof shall be resolved in favor of the construction or interpretation of
Declarant.
Section 4. No Reversionary Interest. This Declaration shall not be construed as creating
conditions subsequent, or as creating a possibility of reverter.
Section 5. Zoning Requirements. This Declaration shall not be interpreted as permitting any
action or thing prohibited by applicable zoning laws, or any other Applicable Laws, or by specific
restrictions imposed by any deed or other conveyance. In the event of any conflicts, the most
restrictive provision among the conflicting terms shall be take to govern and control.
JL35

ti
BK 1053 PG 0256.036
Section 6. Effect of Invalidation. If any provision of this Declaration is held to be invalid by any
court or other body of competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of this Declaration and all remaining restriction, covenants,
reservations, easements and agreements contained herein shall continue in full force and effect.
Section 7. Gender. All pronouns used herein shall be deemed to be singular, plural, masculine,
feminine or neuter as application to specific circumstances may require.
Section S. Liability Limitations. Neither Declarant, nor any Owner nor any officers, directors,
agents or employees of any of them shall be personally liable for debts contracted for or otherwise
incurred by the Association. Neither Declarant, nor the Association, nor their directors, officers,
agents or employees shall be liable for any incidental or consequential damages for failure to
inspect any premises, Improvements of portions thereof or for failure to repair or maintain the
same. Declarant, the Association or any other person, firm or association making such repairs or
maintenance shall not be liable for any personal injury or other incidental or consequential
damages occasioned by any act or omission in the repair or maintenance of any premises,
Improvements or portions, thereof. The Association shall, to the extent permitted by the applicable
law, indemnify and defend all members of the Board, its officers, employees and agents from and
against any and all loss, cost, expense, damage, liability, claim, action or cause of action arising
from or relating to the performance by the Board of its duties and obligations, except for such
resulting from the gross negligence or willful misconduct of the person(s) to be indemnified. The
Association may maintain liability insurance for members of its Board, its officers, employees and
agents.
All Owners acknowledge that they and their invitees will use any walking paths constructed by
Declarant at their own risk and do hereby release and agree to hold harmless and indemnify
Declarant and the Association from liability for any property damage or injury suffered through
such use.
SECTION 9. GOYERNMENTAL REQUIREMENTS. Declarant may (at Declarant's
option) amend and modify this Declaration without obtaining the consent or approval of the
Owners ifsach amendment or modification is necessary to cause this Declaration to comply
with the requirements ofthe Department of Housing and Urban Development, the North
Carolina Department of Natural Resources, the US Army Corps of Engineers, the North
Carolina Division of Coastal Management or other similar agency.
Any such amendment must be with the consent and approval of such agency and must
be properly recorded.
'?6 36

BK 1053 PG 0256.037
IN WITNESS WHEREOF, the undersigned, has caused these presents to be executedin its
company name by its duly authorized Manager this the l a't' day of Ot3416BEH, 2005.
HIGHROCKDEVELOPMENTCO ANY,LLG
DAL
Manager
STATE OFNORTH CAROLINA
COUNTY OFRowan
I ,Margaret M. T/ramoson a Notary Public in andfor Rowan County, North Carolina,
do hereby certify that DanidL. Askier, Manager ofAIGHROCK DEVELOPMENT
COMPANY, LLG, personalty appeared before me this day and acknowledged the due
execution ofthe foregoing instrument on behalf of theec�company.
Witness my hand and official seal, this theA_day of, 2005.
SEAL —rl?a4 Ptt/l i1��
Notary PUbliki
My commission ecpirest
MrMM-_OFFICIAL SEAL + {
Ro Fw6e-NM�rq,e, {
ROWAN COUNTY {
MARGgg17 M. THOMPSON {

BK 1053 PG 0256
s FUM h ROWAN CamtL% NC
an 0- M 2M5 at =2417 AM
Bftb K Earnhardt
BQ�C Drode
1105Nbt3 aPAGE 256
SUNSET POINTE AT HIGH ROCK LAKE
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS

BK 1053 PG 0256.003
STATE OF NORTH CAROLINA
SUNSET POINTE AT HIGH ROCK LAKE
COUNTY OF ROWAN DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICITONS made this
30'h day of November 2005, by HIGH ROCK DEVELOPMENT COMPANY, LLC. which is
seized of the fee simple estate in that real property located in Rowan County, North Carolina
described in the following Article II, Section I;
WITNESSETH THAT
In order to (1) create a restricted, structured and high quality residential environment; (2) provide
for high quality design of homes, site arrangements, and amenities; (3) assure a satisfactory
integration of the Subdivision into the surrounding area; (4) enhance general development within
the Subdivision; (5) enhance the value, marketability, and quality of all property within the
Subdivision; (6) prevent construction of inappropriate Improvements; (7) provide for compliance
with Applicable Laws concerning zoning, construction, safety, the public welfare and _
environment; (8) provide for an association of property owners within the Subdivision (which will
own and maintain Common Area including Private Roads); and (9) provide the owners of Lots
with the best possible value for their investment and to protect that investment; HIGH ROCK
DEVELOPMENT COMPANY, LLC ., does hereby, for the use and benefit of itself and its
successors and assigns, DECLARE, RESERVE AND IMPOSE upon the property described in
the following Article II, Section I, the following conditions, covenants, reservations, easements
and restrictions., and
WHEREAS THESE COVENANTS, CONDITIONS AND RESTRICTIONS replace
and supercede the document recorded in Deed Book 1052, Page 593, Rowan County Registry.
ARTICLE I
Definitions
Words or phrases defined in this Article I shall be interpreted in accordance with that defined
meaning whenever those words or phrases are used in this Declaration.
N

(Page 1 of 3) BK 1053 PG 0725
..w
FILED b ROWAN County, NC
an Dec 18 20M at 04338 PM
byf Bobbin K Earnhardt
Fto&tar of Deeds
ct
5
SUNSET POINTE AT HIGH ROCK LAKE
FIRST AMENDMENT TO
DECLARATION OF COVENANTS,
CONDITIONS AND
RESTRICTIONS
J IMA
Book 1053. Faae 725, File Nwnbe:

{sae of 3)
BK 1053 PG 0725.002
THIS FIRST AMENDMENT TO the Declaration of Covenants, Conditions
and Restrictions for Sunset Pointe at High Rock, hereinafter referred to as "First
Amendment" is made this Cloy of December, 2005, by High Rock Development
Company, LLC.
WITNES SETH:
WHEREAS, the Declarant previously recorded that Declaration of Covenants,
Conditions and Restrictions for Sunset Pointe at High Rock Lake, recorded in Book
1052, Page 593 and superseded by the Declaration of Covenants,. Conditions and
Restrictions for Sunset Pointe at High Rock Lake, recorded in Book 1053, Page 256,
incorporated herein by reference;
AND WHEREAS, the Declarant desires to amend the Declaration to correct and
add certain provisions, all as set forth herein:
NOW THEREFORE, the Declarant hereby amends the Declaration as follows:
(1) ARTICLE I -(s)
Definitions
(s) Map — Map shall mean (i) the plats of Sunset Pointe at High Rock Lake filed in
Book of Maps, Book number 9995 at Page 5611, Sheets 1-6, in the Office of the
Rowan County Register of Deeds, North Carolina; (ii) any filed plats of other
portions of the Property described in Article 11, Section 1, for the purpose of
subdividing those lands into Lots, dedicating roadways or Common Area, or any
other purpose; (iii) any filed plats of Additional Property subjected to this
Declaration, and (iv) any revisions of such filed map or maps.
(2) ARTICLE II
Property
Section 1. Description. The real property initially subjected to this Declaration
is shown on the Map recorded in Book of Maps 9995, at Page 5611, Sheets �1-6, in
the Office of the Register of Deeds for Rowan County, and those areas labeled as
"Common Open Space'.
EXCEPT as amended by First Amendment, the Declaration shall be and remain
in full force and effect, and the Declaration, as amended by this First Amendment,
is hereby incorporated by reference as if fully set out herein and re- adopted in its
entirety.

( aXje_` 3 of 3 )
BK 1053 PG 0725.003
IN WITNESS WHEREOF, the undersigned, has caused these presents to be executed in its
company name by its duly authorized Manager this lire / 9 " day of nemakrzo
, 2005
nacm
HIGHROCKDEVELOPMENT,
By:
Manager
STATE OF NORTH CAROLINA
COUNTY OF Rowan
1,Margaret M. Thompson a Notary Public in and for Rowan County, North Carolina,
do hereby certify that Daniel L. Fisher, Manager of HIGH ROCK DEVELOPMENT, LLC,
personally appeared before me this day and acknowledged the due execution of die foregoing
instrument on beha f of the company.
Witness my hand and official seat, this the f t4day of Qft��Ze 2005.
SEAL
t�
o6w, Pub i
My commission expires; a
OFFICIAL. SEAL
.u,,,h f
r� ROWAN COUNTY S
MARGARET h4. THOMPSONI
—,.. —i

(Page 1 of 3) BK 1065 PG 0990
FILED in ROWAN Count U. fC
an Map 19 2008 at 105025 AM
by. 9obbis K Eu"fwdf
PnMer of Leda
BOOK 1065 PAGE 990
�1
SUNSET POINTE AT HIGH ROCK LAKE
SECOND AMENDMENT TO
DECLARATION OF COVENANTS,
CONDITIONS AND
RESTRICTIONS
Book 1065. Paae 990. File Ntmbe

(Page" 2 of 3) BK 1065 PG 0990.002
THIS SECOND AMENDMENT TO the Declaration of Covenants, Conditions
and Restrictions for Sunset Pointe at High Rock, bereinafter referred to as "Second
Amendment' is made this &5ay of May, 2006, by High Rock Development
Company, LLC.
WITNESSETH:
WHEREAS, the Declarant previously recorded that Declaration of Covenants,
Conditions and Restrictions for Sunset Pointe at High Rock Lake, recorded in Book
1052, Page 593, superseded by the Declaration of Covenants, Conditions and Restrictions
for. Sunset Pointe at High Rock Lake, recorded in Book 1053, Page 256, and First
Amended in Deed Book 1053, Page 725, incorporated herein by reference;
AND. WHEREAS, the Declarant desires to amend the Declaration to correct and
add certain provisions, all as set forth herein:
NOW TIEREFORE, the Declarant hereby amends the Declaration as follows:
(1) ARTICLE I -(s)
Definitions
(s) Map —.Map shall mean (i) the plats of Sunset Pointe at High Rock Lake filed in_
Book of Maps, Book number 9995 at Page 5611, Sheets 1-6, and Book of Maps at
Page 5744, in the Office of the Rowan County Register of Deeds, North Carolina;
(ii) any filed plats of other portions of the Property described in Article II, Section
1, for the purpose of subdividing those lands into Lots, dedicating roadways or
Common Area, or any other purpose; (iii) any filed plats of Additional Property
subjected to this Declaration, and (iv) any revisions of such filed map or maps.
(2) ARTICLE II
Property
Section 1. Description. The real property initially subjected to this Declaration
is shown on the Map recorded in Book of Maps 9995, at Page 5611, Sheets 1-6,
and Book of Maps at page 5.744 Sheets 1-6, in the Office of the Register of Deeds
for Rowan County, and those areas labeled as "Common Open Space'.
(5) ARTICLE X
Sewage Disposal
Section 17. Sewage Disposal - Each Lot owner shall be responsible for the
construction, instillation, maintenance and repair ofan approved septic system
ov�

, (Page` 3 .of 3)
SK 1065 PG 0990.003
and will be required to pay a $2006.00 tap fee to connect to the Community
Septic System installed by the developer and to be maintained by the Association.
(4) ARTICLE XVII
r
Privately Owned Sewer System d�,{ jI
41
Section I. Community Sewage Collection System. The wastewater surface
irrigation system and collection lines will be installed and maintained to the
standards set forth in permit number WQ0029635 as approved by the NCDW 3
and follow all applicable standards of the NCDENR by the developer. s is a
private Sewer System and Rowan County is not responsible for the instillation or
maintenance of this system or supply lines,
EXCEPT as amended by Second Amendment, the Declaration shall be and.
remain in full force and effect, and the Declaration, as amended by this Second
Amendment is Hereby incorporated by reference as if fully set out herein and re-
adopted in its entirety.
IN WITNESS WHEREOF, the undersigned; has caused these pr sents to be executed in
its company name by its duly authorized Manager this the ) 9 ��` day of MAY, 2006.
HIGH ROCK DEVELOPMENT COWANY, LLC.
STATE OF NORTH CAROLINA
COUNTY OF Rowan
I Margaret M. Thompson a Notary Public in and for Rowan County, North
Carolina, do hereby certify that Daniel L. Fisher, Manager of HIGH ROCK
DEVELOPMENT COMPANY, LLC., personally appeared before me, this day and
acknowledged the due execution of the foregoing instrument on behalf of the company.
Witness my hand and official seal, this the, day of 2006,
//
My l0 commission expires: a, Ndfiay Public
OFFICIAL SEAL
++u.gr�.�crsaoo
ROWAN COUNTY S
MARGARET M. THOMPSON

{ =age 1 of 3) BK 1070 PG' 0788
FILED in RMMN Count y, NC
an Jul 18 20M at 03A013B PH
by: Bobbin K Earnhardt
On 1070 PAGE 788
l
SUNSET POINTE AT HIGH ROCK LAKE
°THIRD AMENDMENT TO
DECLARATION OF COVENANTS,
CONDITIONS AND
RESTRICTIONS
/ / _ / -.% .
Book 1070. Pave 788. File Numbe

(Page 2 of 3 )
BK 1070 PG 0788.002
THIS THIRD AMENDMENT TO the Declaration of Covenants, Conditions
and Restrictions for Sunset Pointe at High Rock, hereinafter referred to as "Third
Amendment" is made this day of July, 2006, by High Rock Development
Company, LLC.
WITNESSETH:
WHEREAS, the Declarant previously recorded that Declaration of Covenants,
Conditions and Restrictions for Sunset Pointe at High Rock Lake, recorded in Book
1052, Page 593, superseded by the Declaration of Covenants, Conditions and Restrictions
for Sunset Pointe at High Rock Lake, recorded in Book 1053, Page 256, First
Amendment in Deed Book 1053, Page 725 and Second Amendment recorded in Deed
Book 1065, Page 990, incorporated herein by reference;
AND WHEREAS, the Declarant desires to amend the Declaration to correct and
add certain provisions, all as set forth herein:
NOW THEREFORE, the Declarant hereby amends the Declaration as follows:
(5) ARTICLE X
Sewage Disposal
Section 17. Sewage Disposal - Each Lot owner shall be responsible for the
repayment to the H6meowners Association all fees due for the construction,
installation, maintenance and repair of an approved septic system, and will be
subject to special assessments to cover such necessary costs and required to pay a
S2000.00 tap fee to connect to the Community Septic System installed by the
developer and to be maintained by the Association.' This fee shall be deposited
into a separate fund for the use of maintaining the Community Septic System.
(4) ARTICLE XVII
Privately Owned Sewer System
Section L Community Sewage Collection System. The Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be
properly maintained to the standards set forth in permit number WQ0029635 as
approved by the NCDWQ and follow all applicable standards of the NCDENR by
the developer. This is a private Sewer System and Rowan County. is not
responsible for the installation or maintenance of this system or -supply lines. The.
Association shall not enter into voluntary dissolution without first having
transferred its said system and facilities to some person, corporation or other
entity acceptable to, and- approved by the COMMISSION by the issuance of a
permit.

(Page 3 of 3)
BK 1070 PG 0788.003
EXCEPT as amended by the Third Amendment, the Declaration shall be and
remain in full force and effect, and the Declaration, as amended by this Third
Amendment, is hereby incorporated by reference as if fully set out herein and re-
adopted in its entirety.
IN WITNESS WHEREOF, the undersigned, has caused these presents to be executed in
its company name by its duly authorized Manager this the /F I" day of duly, 2006.
a
HIGH ROCK DEVELOPMENT COMPANY, LLC.
Manager
STATE OF NORTH CAROLINA
COUNTY OF Rowan
I ,Margaret M. Thompson a Notary Public in and for Rowan County, North
Carolina, do hereby certify that Daniel L. Fisher, Manager of HIGH ROCK
DEVELOPMENT COMPANY, LLC., personally appeared before me this day and
acknowledged the due execution of the foregoing instrument on behalf of the company.
Witness my hand and official seal, this the `day of 2006.
Notary Public
My commission expires: G 4'2,bo j
aWtcIAL sEa� �
ROWAN COUNTY S
MARSYMET M. THOMPSON
Book 1070. Paae 788. File kh=bt

(Pace 1 of 3)
/3
oo
®K 1073 PG 0616
FIM in ROWAN count 9. NC
an Aup 32 2MB at 11�33 AM
by. Debbie K E® Th"
idiotor of Dish
BOOK 1073 PAGE 616
SUNSET POINTE AT HIGH ROCK LAKE
FOURTH AMENDMENT TO
DECLARATION OF COVENANTS,
CONDITIONS AND
RESTRICTIONS

(Page �? of 3)
BK.1073 PG 0616.002
THIS FOURTH AMENDMENT TO the Declaration of Covenants, Conditions
and Restrictions for Sunset Pointe at High Rock, hereinafter referred to as "Fourth
Amendment" is made this 'day of August, 2006, by High Rock Development
Company, LLC.
WITNESS£TH:
WHEREAS, the Declarant previously recorded that Declaration of Covenants,
Conditions and Restrictions for Sunset Pointe at High Rock Lake, recorded in Book
1052, Page 593, superseded by the Declaration of Covenants, Conditions and Restrictions
for Sunset Pointe at High Rock Lake, recorded in Book 1053, Page 256, and First
Amended in Deed Book 1053, Page 725, Second Amendment recorded in Deed Book
1065, Page 990, and Third Amendment recorded in Deed Book 1070, Page 788,
incorporated herein by reference;
AND WHEREAS, the Declarant desires to amend the Declaration to correct and
add certain provisions, all as set forth herein:
NOW THEREFORE, the Declarant hereby amends the Declaration as follows:
(1) ARTICLE I -(s)
Definitions
(s) Map —Map shall wean (i) the plats of Sunset Pointe at High Rock Lake filed in.
Book of Maps, Book number 9995 at Page 5611, Sheets 1-6; Book of Maps at Page
5744; Book of Maps at Page 5771, in the Office of the Rowan County Register of
Deeds, North Carolina and Book of Maps at Page 5820; (ii) any filed plats of
other portions of the Property described in Article 1I, Section 1, for the purpose of
subdividing those lands into Lots, dedicating roadways or Common Area, or any
other purpose; (iii) any filed plats of Additional Property subjected to this
Declaration, and (iv) any revisions of such filed map or maps.
(2) ARTICLE H
Property
Section 1. Description. The real property initially subjected to this Declaration
is shown on the Map recorded in Book of Maps 9995, at Page 5611, Sheets I-6;
Book of Maps at page 5744 Sheets 1-6; Book of Maps at Page 5771, and Book of
Maps at Page 5820, in the Office of the Register of Deeds for Rowan County, and
those areas labeled as "Common Open Space".
V-3, 1A7a Oa..n C.G w1— --

(Pages 1 of 8)
BK 1138 PG 0027
11
��`' ✓tom ! � r C
Flied In ROWqjy Cou
In
nYFeb 26 2009 st 02A 1.01 M C
by g eBRILE
te of Deeds
800k 1138 Pag® 27
SUNSET POINTE AT HIGH ROCK
PATIO HOMES
FOURTH AMENDMENT TO
DECLARATION OF COVENANTS,
CONDITIONS AND
RESTRICTIONS
'? 9 Lin
Book 1138. Pave 27_ File Rumba

Qago 2 off' 4>
BK 1138 PG 0027.002
THIS FOURTH AMENDMENT TO the Declaration of Covenants,
Conditions and Restrictions for Sunset Pointe at Hugh Rock, hereinafter referred to
as "Fourth Amendment" is made this the day of January, 2009, by
Smihercutt, LLC (hereinafter "Declarant"), as successor in interest to High Rock
Development Company, LLC.
WHEREAS, the Declarant's predecessor in interest previously recorded certain
Declaration of Covenants, Conditions and Restrictions for prior phases of Sunset Point at
High Rock, recorded is Deed Book 1053 Page 593, such being superseded by subsequent
Amended Declaration of Covenants, Conditions and Restrictions for Sunset Pointe at
High Rock recorded in Deed Book 1053 Page 256, such being incorporated herein by
reference (hereinafter "Declaration'); and
WHEREAS, Second and Third Amended Declaration of Covenants, Conditions
and Restrictions have been filed to incorporate new phases of the development and
amend the legal description of lots subject to the Declaration; and
WHEREAS, Declarant files this Fourth Amendment to amend the Declaration to
correct and add certain provisions, all as set forth herein.
NOW, THEREFORE, the Declarant hereby amends the Declaration as follows:
(1) ARTICLE 1-(s) Definitions
(s) Map —Map shall mean and include (i) the plat of Sunset Pointe at High Rock
Patio Homes Phase I filed in Book of Maps 9995 at Page 6614 (Sheets 1 and 2) for Lots
113-145 and 149-151 in the office of the Register of Deeds of Rowan County, North
Carolina, (ii) any filed plats of other portions of the Property described in Article R
Section I for the purpose of subdividing those lands into lots, dedicating roadways,
Common Areas or Common Open Spaces and Septic, or any other purpose, (iii) any filed
plats of Additional Property subjected to this Declaration, and (iv) any revisions of such
filed maps.
(2) ARTICLE II- Property
Section 1. Description. The real property subjected to this Declaration shall
include that propertyas shown and described in Book ofMaps 9995 at Page 6614 (Sheets
land 2) Lots 113-145 and 149-151, as filed in the office of the Register of Deeds of
rowan County, North"Carolina, including any and all Common Areas as may be shown
(3) ARTICLE IV Rights in Private Roads

Vage 3 Arf 4)
BK 1138 PG 0027.003
.z
The, following provision shall be added to Article IV as additional obligations of
Declarant, and is not intended to supersede or replace, but only to enhance the provision:
"Until such time as the obligations for maintenance ofPrivate Roads or Common
Area is turned over to the Association, or until such time as maintenance of Private Roads
is accepted by the NC Department of Transportation as part of the state maintained road
system, Declarant shall be responsible for maintenance of such Private Roads and shall
do so according to NC Department of Transportation specifications"
EXCEPT as amended herein by this Fourth Amended Declaration, the Declaration shall
be and remain in full force and effect, and the Declaration, as amended by this Fourth
Amended Declaration, is hereby incorporated by reference as if fully set out herein and
readopted in its entirety.
IN WITNESS WIMEOF, the undersigned has caused these presents to be executed in
its Company name by its duly authorized Manager this the H/ day of January, 2009.
SM MRCUTT, LLC
BY.
Daniel ILLFisWhej�r—, M er
3

(Pago 4,4f 4)'
BK 1138 PG 0027.004
STATE OF NORTH CAROLINA
COUNTY OF ROWAN
L Ooar&biand M; a Awel1 , a Notary Public of the County and
State aforesaid, certify that Daniel L. Fisher, either being personally Down to me or
proven by satisfactory evidence, personally came before me this day and acknowledged
that he is Mane er of SM MRCUTT, LLC, a North Carolina limited liability company,
and that he, as Manaeer being authorized to do so, voluntarily executed the foregoing on
behalf of said corporation and limited liability company for the purposes stated therein.
WITNESS my band and official stamp or seal, this 26 day of JanJanuary 2009.
My Commission Expires:
1 Ouw 266
DMb 1120 na..0 11 —•- n_L_

C
BYLAWS
OF
SUNSET POINTE ON HIGH ROCK HOA, LLC
ARTICLE I — Board of Directors
Section 1. These Bylaws of the Sunset Pointe on High Rock HOA, LLC act as an amendment
to the original Covenants of Sunset Pointe at High Rock Lake HOA. In all cases, where there is a
discrepancy, the provisions in this document shall prevail.
Section 2. Members and Voting Rights. Each owner of a lot, or a patio home or a
condominium unit is a member of the Association which shall consist of all of the owners of such
units. An owner of one or more lots may appoint a representative to attend meetings, to act or vote
on his behalf or to serve on the Board if elected or appointed. Each owner in good standing shall
have one vote per unit. Good standing is defined as being current with all HOA dues.
Section 3. Annual Meeting. The first meeting of the Association was held on the 1 st day of
February, 2011. An annual meeting shall be held each year thereafter, on a date established by the
Board of Directors. Should no contrary date be established and notification given, the annual meeting
shall be on the first Tuesday of June at 7:00 PM each year. The location of the meeting shall be at the
Sunset Pointe Clubhouse, unless the Board of Directors shall specify a different location in writing to
the members.
Section 4. Proxies. Voting by proxy shall be allowed, although authorization for a member's
proxy vote must be documented in writing, either by hard copy or by email.
Section 5. Board of Directors. The Board of Directors shall consist of four elected
members who will choose the following offices amongst themselves: President, Vice -President,
Secretary, and Treasurer. Additionally, one At -Large Director will be appointed by the four
elected Directors. Each shall serve a three-year term, other than the term which shall begin in
2011. The initial Board, elected in 2011 shall serve a staggered term as follows.
• Pres
1 yr
• VP
2 yrs
• Secretary
2 yr
• Treasurer
.1 yr
• At Large
2 yr
• The Association may have committee chairmen appointed by majority decision of the
Board.
• Owners in good standing can participate via running, nominating and/or voting. Only
owners in good standing who can reasonably expect to attend at least 50% of the Board
Meetings shall run for the Board.
• Nominations require a seconding nomination.
• There is one (1) vote per lot owned.

• There is a maximum of one (1) Board Member per owner.
• The highest vote getters will serve on the Board as long as there is a minimum of 25%
participation of eligible total votes cast.
• Proxy votes are allowed with written authorization.
• Nominations for open positions shall be held at the Board Meeting in the beginning of
May and elections the following month.
• Nominations will be accepted via email or regular mail until May 15fl' each year.
• Ballots, based on eligible nominations, shall be sent out via email by the 20t' of May and
must be returned by the 30ffi'of May in order to be counted at the June Board Meeting.
• New Board Members shall assume their positions, following the balloting in May, at that
meeting in June.
• Should there be a vacancy on the Board; the President will appoint an eligible owner to
serve the remainder of that position's term with the majority approval of the rest of the
Board.
• Should a Board Member resign or be removed by unanimous vote of the other Board
Members, the President shall appoint a new Board Member with the majority approval of
the rest of the Board.
• Votes shall be cast either in writing or via email.
Section 6. Removal and Vacancies. Directors elected at an annual meeting may be
removed at any time upon affirmative vote of fifty one (51 %) of the votes actually cast at any
meeting of the membership at which prior notice of such vote has been given to the membership,
with or without cause. In the event of any removal, resignation or vacancy in any of the directorships,
the remaining members of the Board of Directors shall elect a person to serve as a successor to the
removed, resigned or vacant office, who shall hold office for the balance of the unexpired term.
Section 7. Compensation. The Officers and Directors of the Association shall serve without
compensation solely for holding such office.
OFFICERS; POWERS AND DUTIES
Section 1. President. The President shall be the Chief Executive Officer of the Association;
he shall preside at all meetings of the Unit Owners and of the Board of Directors. He shall have
executive powers and general supervision over the affairs of the Association and other officers. He
shall sign all written contracts of the Association and shall perform and have the powers necessary to
perform all the duties incident to this office and that may be delegated to him from time to time by
the Board of Directors.
Section 2. Vice President. The Vice President shall perform all of the duties of the President
in his absence and such other duties as may be required of him from time by the Board of Directors.
Section 3. Secretary. The Secretary shall issue notices of all Board of Directors
meetings and all meetings of the Units Owners; attend and keep the minutes of all such meetings.
2

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Page 1 of 1

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North Carolina Department.of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
December 11, 2014
DEBORAH R. SCOTT - PRESIDENT
SUNSET POINTFON HIGH ROCK HOA, LLC
522 SuNsT T POINTE DRIVE
SALISBURY, NORTH CAROLINA.28146-5703
Subject:, Permit No, WQQ029635
Sunset Pointe WWTP
Wastewater Irrigation `System.
Rowan County
Dear Ms. Scott:
In accordance with your permit renewal request received August 26, 20'14; and subsequent
additional information, received October 21:, 2014, we are forwarding herewith Permit No: WQQ029635
dated December '11, 2014, to Sunset Pointe on High Rock HOA, LLC for the continued operation of the
subject: wastewater treatrrient and irrigation facilities. Please note that -this renewed permit shall become
effective on March 1, 2015 (i.e. the day after the expiration date of the existing permit), which differs
from the date of this letter.
This permit "shall be effective from March .1, 2015 until February- 29,.2020, shall void Permit No.
WQ0029635 issued December 13, 2011, and,.shall be subject to the conditions.and limitations as,specified
therein. Please pay particular attention to the monitoring requirements listed in Attachments,A, B and C
for they may differ from the previous permit issuance., Failure to establish an, adequate system for
collecting and maintaining the required operational information shall result in future compliance
problems.
For your convenience, customized electronic copies of your facility's NDMR and NDAR-1,
reporting forms are available for download at:.htip:Hportal.nodear.org/web/wqiaps/`lau/repottfng.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permiftee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to. Chapter 15QB of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings at 671.4 Mail
Service Center, Raleigh, NC 27699-67,14. Unless such demands are made, this permit shall be final and
binding.
Please note the following attachment has been modified since the Iast permit issuance: dated -
Deeember 13, 2011:
9 Attachment :C —The monitoring frequency for the parameters listed.in Attachment Chas been
red'uced:firom 3 x Year to Annually:
1636 Mail Service Center,;Raleigh, North Carolina 27699-1636
Phone: [phone] l Internet: htta:doortal.ncdenr.orttlwebhvo
An Equal Opportunity 1 Affirmative Acrion Employer— Made in part with recycled paper

. j
Ms. Deborah R. Scott
December 11, 2014
Page 2 of 2
If you need additional information concerning this, permit, please' contact Nathaniel Thornburg at
[phone], or [e-mail].
Sincerely,
/hoinas,A. Reeder, Director
Division of Water Resources
'cc Rowan County Health. Department, (ElectronicCopy)
Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Central Files
Digital Permit Archive (Electronic Copy)

NORTH CARD NA
ENVMONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT' AND NATURAL RESOURCES
'RALEIGH
WASTEWATER IRRIGATION SYSTEM PERMIT
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
Sunset Koine on High Roe OA
I k H,, LLC
High Rock
- ' I
Rowan County
continued operation of a 15,000 -gallon per day (GPD) wastewater treatment and irrigation 'facility
consisting of
a 1,500 gallon baffled septic tank at each residence (T06 four bedroom ,Homes, 37 three bedroom patio,
homes, and .36 two, bedroom condominiums); an influent flow meter, three flow splitter boxes; four
20 000 gallon recirculation tanks serving; 16 Advantex AX-100, textile filters; ultraviolet (UV)
disin&ction; an 89,000 gallon p gallon per minute (GPM) pumps; permanent
pump tank with 298.4 s- a pe g p
,auxiliary, power source;' a 591,256 cubic f6ot (fO) synthetically lined wet weather storage pond; 34.7 acres
of drip irrigation area consisting of 14, fields; and all associated valves piping, controls and appurtenances
to serve Siftiset Pointe Subdivision, with no discharge of wastes to surface waters, purstiaht to the,
application received August. 26, 1014, and subsequent additional' information received by I the Division of
WaterResources. and, in conformity - with the, project plans, specifications, and other supporting data
subsequently filed and approved by the Department of Environment and, Natural Resources and
considered apart ofthis permit.
This permit shall be effective from March 1, 2015 until February ru y, 29I 2Q20,.shall 'Void Permit .No.
'WQ,001963 5' issued December A, 1011, and -shall, besubject to thefollowing. specified conditions and
limitations:
I. SCHEDULES
1. Based on the current configuration of the effluent flow meter, and the low average daily flo*s(ADF),
the Penniftee may conduct a,'Monthly estimate. of their effiucht,flow values.
.These values shall be
reported on their, Non -Discharge Monitoring, Report (NDMR) as required in, Condition IV.7. Upon
reaching a monthly ADF of 8,000,gallons per day (GPD) and prior - to exceeding, an ADF of 9, 000
GPD, the Permittd.6 shall. submit a permit modification to the Divisioa for the construction an
operation of acontimious,monitoring and recording effluent flow meter. This permit modification
shall, inletudeptans and specifications for the proposed effl, uent,flo.w meter, and, be signed, sealed and
dated by a licensed North Carolina Professional Engineer. This permit modification 'shall be
submitted to the Division of Water. Resources, Water Quality Permitting Section, 1636 Mail, Service
Center, Raleigh, NC 276 9"1630.
W06029635 Version 2.0
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2. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A
NCAC 02T .01.05(d) requires an updated site map to be submitted with the permit renewal.
application. In accordance with Rule 15A NCAC 02T .0115, the Permittee shall submit a copy -of the
declarations and bylaws documenting compliance with the attached Operational Agreement.
H. PERFORMANCE STANDARDS
The subject non -discharge facilities shall be effectively maintained "and operated,at all times so there
is no discharge, to surface waters, nor any contravention of groundwater or surface" water" standards.
In the event the facilities fail to perform satisfactorily; including the creation of nuisance conditions
duet I I proper operation. and maintenance, or failure of the irrigation areas to adequately assimilate
the effluent, the Permittee shall take immediate corrective actions including Division required actions,
such as the construction of additional or replacement wastewater treatment or irrigation facilities.
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or
surface water resulting from the operation of this facility."
3. All "wells constructed for purposes of groundwater monitoring shall be constructed in accordance with
15A NCAC 02C .0108 (Standards of Construction for Wells "Other than Water Supply), arid any other
jurisdictional laws and regulations pertaining to well construction.
4. Effluent quality shall not exceed the limitations specified in Attachment A. "
5. Application rates, whether hydraulic, nutrient or other pollutant, "shall not exceed those specified in
Attachment B.
6. The Operational Agreement (attached) between the Permittee and the Environmental Management
Commission is incorporated herein by reference and shall be a condition of this permit..
Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all
sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of
or failure to act in accordance with the terms and conditions of this permit.
7. The irrigation system shall be connected to a rain. or moisture sensor, which shall indicate when
effluent application is not appropriate in accordance with Conditions 1114. and 11l:5. of this permit.
The compliance boundary for the disposal system shall be specified in accordance with 15A NCAC
02L .0107(b). This disposal system was individually permitted on or after"December 30, 1981
therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or
50 feet within the property boundary, whichever is closest to the effluent ..disposal area. An
exceedance of groundwater standards at or beyond the,compliance boundary is subject to remediation
action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with
North Carolina General Statute 143-215.6A through .143-215.6C.
9. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the
compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the
review -boundary shall require action in.accordance with 15A NCAC 02L .0106.
10.. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary.
11. In .accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring
wells, shall be constructed within"the compliance boundary -except as provided for in 15A NCAC 02L
.0107(g).
WQ0029635 Version 2.0 Shell Version 140707 Page 2 of 8

v
12. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is
not the Permittee and owns land within the compliance boundary shall 'execute and file with the.
Rowan County Register of Deeds an easement running with the land containing the following 'items:
a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1);
b. Prohibits construction and operation of water supply wells within the compliance boundary; and
c. Reserves the right of the Permittee .or the State to enter the property within the compliance
boundary for purposes related to the permit.
The Director. may terminate the easement when its. purpose has been fulfilledor is no longer needed.
13, The facilities permitted. herein shall be constructed according to the following setbacks:
a. The setbacks, for.irrigation sites permitted under 15A NCAC. 02H .0200 shall 'be as follows (all
distances in feet):
i. Any habitable residence or place of public assembly under separate ownership: 100
ii. Surface waters: 50
iii. Any well with exception of monitoring wells: 100
iv. Any property line. 50
v. Public right of way: 50
b. The setbacks ,for :storage and treatment units permitted under 15A NCAC 02H .0200 shall be as
follows (all distances in feet):
i. Any well, with exception of monitoring wells; 100
ii. Any property line: 50
M. OPERATION AND MAINTENANCE REOUIREMEN.TS
1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater
resulting from the operation of this facility. The. Permittee shall maintain an Operation and
Maintenance Plan pursuant to 15ANCAC 02T .0507, which at a minimum shall include operational
functions, rnaintenanee schedules, safety measures and a spill response plan.
Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G :0200 the
Permittee shall designate and employ a certified operator in responsible charge (ORC) and *one or,
more certified operator(s) as back-up ORC(s).. The ORC or their back-up shall visit the facilities in
accordance with .15A NCAC 08G .0200, and shall comply with all other conditions specified in the
previously cited rules.
3. A suitable year round vegetative cover shall he maintained at all times, such that crop health is
optimized, allows for even, distribution of effluent and allows inspection of the irrigation system. The
large scale harvesting of trees. located within the sites listed in Attachment B is discouraged. Any
cutting of'trees shall be done in a manner to minimize damage to drip irrigation lines. Irrigation on
the sites listed in Attachment B .is prohibited during harvesting operations.. Upon completion of
harvesting, the Permittee shall inspect all drip irrigation lines and shall make the necessaryrepairs
prior to resuming wastewater irrigation.
4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites
listed in AttachmentB.
5. Irrigation shall not be performed during inclement weather or -when the ground is in a condition that
will cause ponding or runoff.
WQ002.0635 Version 2.0 Shell. Version 140707 Page 3 of 8

6. All irrigation equipment shall be tested and calibrated at least once per permit .cycle. Calibration
records shall be maintained at the facility for a period of no less than. five years, 'and shall be made
available to the Division upon request.
7. Only effluent from the Sunset Pointe WWTP shall be irrigated on the sites listed in Attachment B.
8. No automobiles or machinery shall be allowed on the irrigation sites except during equipment
installation or while maintenance is being performed.
9. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited.
10. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in
accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan
pursuant to 15A NCAC 02T .0508.
11'. Diversion., .or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited.
12. Freeboard in the wet weather storage pond shall not be less than two feet at any time.
13. A gauge to monitor waste levels in the wet weather storage pond shall be provided. This gauge shall
have readily visible permanent markings, at inch or tenth, of a foot increments, indicating the
following .elevations: maximum liquid level at the top of the temporary liquid storage volume;
minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on
top of the dam.
14. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e.,.
outside toe of embankment to maximum allowable. temporary storage elevation on the inside of the
embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs,
and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments.
Earthen embankment areas shall be kept mowed or otherwise controlled and accessible,
IV. MONITORING AND REPORTING REQUIREMENTS
1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water
analyses) necessary to ensure groundwater and surface water protection shall be established, and an
acceptable sampling reporting schedule shall be followed.
2. Per 15A NCAC 02H .0800, a Division certified laboratory shall conduct all laboratory analyses for
the required effluent, groundwater or surface water parameters.
3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be
reported on Form NDMR.
The Permittee shall install and maintain an appropriate flow measurement device to ensure. the
accuracy and reliability of flow measurement consistent with accepted engineering and scientific
practices Selected flow measurement devices shall be capable of measuring flows with a maximum
deviation "of less than ten percent frorr true flow; accurately calibrated at a.mininuin of once per year;
and maintained to ensure the accuracy of measurements, is consistent with the selected device's
accepted capability. The Perinittee shall maintain records of flow measurement device calibration on
file fora period of at least five years. At a minimum, documentation shall include:
a. Date of flow measurement device calibration,
b. Name of person performing calibration, and
c. Percent from true flow.
WQ0029635 Version 2.0 Shell Version 140707 Page 4 of 8

4. The; Permittee'shall monitor the effluent from the subject facilities at the frequencies and locations for
the parameters specified in Attachment A..
5. The, Permittee shall maintain adequate records tracking the amount of effluent. irrigated. At a.
minimum, these records shall include the following information for each irrigation site listed in
Attachment B:
a. Date of'irrigation;
b. Volume of effluent irrigated;
e. Site irrigated;
d.. Length of time site is irrigated;
e. Continuous weekly; monthly, and year-to-date hydraulic (inches/acre) loadings;
f. Continuous .monthly 'And year-to-date loadings for any non -hydraulic parameter specifically
limited in. Attachment B;
g. Weather conditions; and
h. Maintenance of cover crops:
6. Freeboard (i.e., waste level to the lowest embankment elevation) in the wet weather 'storage pond
shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard
records shall be maintained at the facility for a period of no less than .five years; and shall be made
available to the Division upon request.
Three copies of.all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for
each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and
IV.6.) on Form NDAR-1 for every site 'in Attachment B shall be'submitted on or before the last day of
the following month_ If no activities occurred during the monitoring month, monitoring reports are
still required documenting the absence of the activity. All information shall be submitted to the
following addfes's.:
Division. of Water Resources
Information Processing Unit:
1617 Mail Service Center
Raleigh; North Carolina 27699-1617
8. A record shall be maintained of all. residuals removed from this facility. This :record shall be
maintained at the facility for a period of no less than five years,. and shall be made available to the
Division upon request. At a.minimum, this record shall include:
a. Name of the residuals hauler;
b. Non -Discharge permit.number authorizing the residuals disposal, or, a letter from a municipality
agreeing to accept the residuals,
c.. Date the residuals were hauled; and
d. Volume of residuals removed.
9. A maintenance log shall be maintained' at this facility. This log shall be maintained at the facility for
a period of no. less than five years; and shall be made available to the Division upon request. At a
minimum, this log shall include:
a. Date of calibration of flow measurement device;
b. Visual observations of the plant and plant site; and
c. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing,
inspections and .cleanings, etc.).
10. Monitoring wells shall be,sampled at the frequencies and for the parameters specified in .Attachment
C. All mapping well construction forms well abandonment forms and monitoring; data shall refer to
the permit number and the well nomenclature as provided in Attachment C. and Figure 1.,
WQ0029635 Version 2.0 Shell Version 140707 Page 5 ,of 8

111. Two copies of the' monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW-59),along; with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-
59) shall„ include this permit number; the appropriate welf identification number; and one GW-59a
certification form shall be submitted with each set of sampling results. All information shall .be
submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 276.99-1617
12. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on
each irrigation site listed in Attachment B. These results shall be maintained. at the facility for a
period of no less than five years, and shall be made available to the Division upon request. At a
minimum, the Standard Soil Fertility Analysis shall include the following parameters:
Acidity
Exchangeable Sodium Percentage
Phosphorus
Base Saturation (by calculation)
Magnesium
Potassium
Calcium
Manganese
Sodium
Cation Exchange Capacity
Percent Huniic Matter
Zinc
Copper
pH
13. Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704)
663-1699, as soon as possible, but in no case more than 24 hours, or on the next working day
following the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the facility resulting in the treatment of significant amounts of wastesthat is
abnormal in quantity or characteristic, including the known passage of a hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons,
rendering the facility' incapable of adequate wastewater treatment.
c. Any facility failure resulting in a by-pass directly to receiving surface waters.
d. Any time self -monitoring .indicates the facility has gone out of compliance with its permit
limitations.
e,. Ponding in or runoff from the irrigation sites.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent. failute. of
a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone].
Persons reporting such occurrences by telephone: shall also file a written report in letter form within
five days following first knowledge of the occurrence. This report shall outline the- actions taken or
proposed to be taken to ensure the problem does not recur.
WQ0029635 Version 2:0 Shell Version 140707 Page 6 of 8

V. INSPECTIONS
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
wastewater treatment and. irrigation facilities.
2. The Permittee or their designee shall inspect the wastewater treatment, and irrigation facilities- to
prevent malfiirictions, facility deterioration and operator errors resulting in discharges, which may
cause the release of wastes to the environment, a threat to human health or a public nuisance. The
Permittee shall maintain an 'inspection log that includes, at a minimum, the date- and time of
inspection, observations made, and any maintenance, repairs, or corrective actions taken. The
Permittee shall maintain this inspection log for a period of five years from the date of the inspection,
and this log shall be made available to the Division upon request.
3. Any duly authorized Division representative may; upon presentation of credentials, enter and inspect
Any property; premises or place on or' related to the wastewater treatment and irrigation facilities
permitted herein at any reasonable time for the purpose of determining compliance with this permit;
may inspect. or copy any records required- to be maintained under the terms -and 'conditions of this
permit, and may collect groundwater, surface water or leachate samples.
VI. GENERAL CONDITIONS.
1. Failure to comply with the conditions and limitations containedherein may subject the Permittee to
an enforcement action by the Division in accordance with North Carolina General Statutes 143-
215.6A to 143-215,6C,:
2. This permii.shall become voidable if the permitted facilities are not constructed in accordance with
the, conditions of this permit, the Division approved plans and specifications; and other supporting
documentation..
3. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, Division approved plans and specifications, and other supporting documentation. No
.variances to applicable rules governing the construction or operation .of the permitted facilities are
granted, unless, specifically requested and approved in this permit pursuant to 15A NCAC 02T
:0105(r).
4. The issuance of this permit does not., exempt the Pennittee, from complying with any and all statutes,
rules, regulations, or ordinances; which may'be imposed by other jurisdictional. government agencies
(e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules
in '15A NCAC 02B .0200; erosion and 'sedimentation control requirements in 15A NCAC Chapter 4
and under General Permit N:CG010000; any requirements pertaining to wetlands under 15A NC AC
02B .0200 and 02H _0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of
the General :Statutes.
5. In the event the permitted facilities change ownership or the Permittee changes their name, a formal
permit modification request.shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate property ownership documentation and other supporting
documentation as necessary. The Permittee of record shall remain fully responsible for maintaining
and operating the facilities permitted herein until a permit is issued to the new owner.
6. The Permitted shall retain a set of Division. approved plans and specifications for the life of the
facilities permitted herein.
7. The Permittee, shall maintain this permit until all permitted facilities herein are properly closed'. or
permitted under another,permit issued by the. appropriate permitting authority pursuant to 1.5A NCAC
02T .01050).
WQ0029635 Version 2.0 Shell Version 140707 Page 7 of 8

8. This permit 'is subject to revocation or unilateral modification upon 60 days notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T .0110.
9. Unless the Division Director grants a variance, expansion of the permitted.facilities contained herein
shall. not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b).
10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to
pay the annual fee accordingly shall be cause for the Division to revoke this permit pursuant to 15A
NCAC 02T .0105(e)(3).
Permit issued this the I1`s day of December 2014
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
pTo'mas
eeder, Director
vision of Water Resources
By Authority of the Environmental Management Commission
Permit: Number-V6WQ0029635
WQ002963S Version 2.0 Shell Version 140707 Page 8 of 8

ATTACHMENT A —LIMITATIONS AND MONITORING REQUIREMENTS Permit Number:- WQ0029635 Version: 2.0
PPI 001— WWTP Effluent
EFFLUENT CHARACTERISTICS
PCs.
Code
Parameter Description
00310
BOD, 5-Day (20 °C)
00940
Chloride (as Cl)
31616
Coliform, Fecal MF,-M,FC Broth, 44.5 °C
50050 ,
Flow, in. Conduit or thru Treatment Plant_
00610
Nitrogen, Ammonia Total '(as N)
00625
Nitrogen, Kjeldahl, Total (as N)
00620
Nitrogen, Nitrate Total.(as N)
'00400
pH
00665
Phosphorus, Total,(as P)
70300
Solids, Total Dissolved —180 °C
00530
Solids, Total Suspended
EFFLUENT LIMITS
Units of
Measure-
Monthly
Average:
Monthly
Geometric Mean
Daily Minimum
Daily Maximum
mg/L
_..
mg/L
4/100 mL
GPD
75,000
mg/L"
-----------------
.mg/L
mg/L
su
.mg/L".
mg/L
mg/L
f
!
MONITORING REQUIREMENTS
Measurement
Frequency
Sample
Type
Monthly.
Grab
3 x"Year i
Grab
- Monthly'
Grab
Monthly3 / Continuous'¢
Estimate / Recorder
Monthly
"Grab
Monthly
Grab
Monthly
Grab
Weekly 3 / 5 x Week 4.
Grab
Monthly
Grab'
3, x(Ycar l
Grab_
Monthly
Grab
1. 3 k Year sampling shall be conducted every March, July and November.
2. Monthly average, for Fecal Coliform shall be a geometric mean.
3. While the monthly average daily flow (ADF) is less than 10;000 gallons per day.(GPD),'the Permittee shall sample flow (56050) monthly, andpl-I (00400) weekly.
4. When the monthly ADF exceeds 1.0,000 GPD, the Permittee shall sample flow (50050) on a continuously, and pH (00400) five. times per week.
WQ0029635 Version 2.0 Attachment A Page 1 of 1

THIS PAGE BLANK

ATTACHMENT-- 13. - APPROVED . LAND APPLICATION'SITE.S.,-AND -LLMaT-ATIONS
Sunset Pointe -on High Rock,HOA.LL C,-,Sunset Pointe:
oint WWTP
,Permit Number: WQ0029635 Version: -2, . 0-
IRRIGATION AREA;INFORMATION
APPLICATION LIMITATIONS
Field
Owner
'County
LLatitude:.
Longitudie
Net
Dominant
Soil Series
Parameter
Ifourly,
Rate,
Yearly
'Max
UnitsAcreage
Suh$etPointe On
35.67442804
-80'1536090
2.5
Mecklenburg,
01.184=Non-Discharge Application.kate-
03
4027'
166hds•
2
ftiset-Pointe, on, High Rock HQA, -LLC;..
Rowan
.3 . . 5.67442'19
W'80j543310
1.5:
Merkichbur
0128 4-NOri-Disdhar oA plic[tion Rate
0.1
40.27
inches.
3
Sunset Pointe on High kock;.H0A,-LLG
Rowan.
35.6744340
-80'.3550830
2.5
Mecklenburg,.
%284 -Non-Diso4argeplicat -Ap ion Rate
0.1
40.27
inches.
4:11
Sunset Pointe on High.Rock'HOA, LLC-
_Rowan
45;6755586
40,3553-W
2.6i
Mecklenburg-
•4284 =-14oti-Iiis6harge.Applicatidii.Rate
-OJ
4027
Ipdhd*
Sunset komW on High RockBOA,ILC
Rbwan%
35.67,45670,
:40.355,7970
2.15-
Mecklenburg_
01284- Non, -Discharge APO!ieaO6n,,Rate
0.3
4Q.-27
'inches.
6:`
Sdhset Pdinte oft High R6ck,.,HQA,,LLC'Rowan
;35, 76232*
-80.355560'
2.4
Mecklenburg
01284­­Nonml)isoharge Application Rate:
0.3:
4027
'inches,
Sunpet.Poltilte on High Rook HQA,Ibc�
Rowan
3.5,670*0,
=80.3 56 99 1 86
2A
Merklenburgz
:01284 -,Noh-Disdh)OgeApplicatioftRate
03
40.27
inches,
81:
Sunset Pointe ori,Hi9 hRock-H A; LLG
Rowan
.35,0756371:
-80,357709';
2.5
Mecklenburg;,
*20 NOn-Discharge,Application'Pate
:0.3-
40.27
inches;
Sumot?ointe on High RockFIOA, LbC,
Rowan.
35.674862q
4057228q,
IS
'Mecklenburg01284
=Nbrf-Discharge,Appilication Rate
0 3
40.27
Jn0f6s.
IV
Sunset Pointe on High Rool(IjOA, IL&:
Rowan
=35.674390O
-80356 . 9831
2.5
:Medklenburg.:
'01284-N "ch App ion Rate
00-Pis - 9-Kge lkit
.0-3
40.27
inches
.11
Subs�tYointd6hHijh:R6ck_'HO­ L
A,- LQ,,
Rowan
35-..6710130�
-aO3,,55,0616
2 .5
I Mecklenbur
0 2 84. Nbn�-Discharge ApplitatiohRate
03
46. 17
ridh es.
11,
Sunset Pointe on High Rock:YIIOA,'LLG'
Rowan:
15.673060-
-80.3543370;
23
Mdckle'#b*g,
�01281 4 -N6u'=DisckargeAp.lJliq4tiohRat&
Q.3
40.27
inches,
13
Subsidt?.6inte on High R k HOAILC,
qc
Rowan
35.6720056
-80.1,53.7119,
2.7
Meck-lenburg
�0284­n i6-bischargeApolicatioti Rate:
6.13
40.27
inches
14
SunsetPointe on Ilijh'Rock-HdAUC-
Rowan
35.672091-
-80.354785°
2.1
Mocklmftrig,
01284-Non-', sthqtgeApplicatio Rate
0.3
40.27,
inches
Tdials347
.. .
-
by,.tifePer-mittee..However; an-easerne6thas: been granted to;
1. Pl=enoie-that.alf.of-Vielas'l., 8 and-'9,;,asvell as;porfions of Pields.4,`5;6 and 10 are -located on land(Pdrcel#606070)'iiot'bNviied:
.
allow tlie.usu of this land for subje�.twastbWaf6r irrigation system. T-hia easement Js recorded in,the Rowan,,.C.ounty`Register,,of-D.ceds in. Book.9995 Page. 6479.
WQ0.0296.55'Version.2.0 Aft.*hii:i6ht,B Piige: 1 of 1,

THIS PAGE BLANK

ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS
Monitoring wells: MW-1, MW-2 and MW-3
Permit Number: WQ0029635 Version: -10
GROUNDWATER CHARACTERISTICS
GROUNDWATER STANDARDS
MONITORING REQUIREMENTS
PCS Code
Parameter Description
Daily Maximum.
Frequency Measurement
Sample Type
Footnotes
00940
Chloride (as Cl)
250
mg7L
:Annual
Grab
1,5
31616,
Coliform; Fecal MF, M-FC Brotb, 44.5 °C
#/100 mL
Annual
Grab.
1; 5
00610
Nitrogen, Ammonia.Tolal (as N)
1.5
mg/L
Annual
Grab
1,5
00620
Nitrogen, Nitrate Total (as N)
10
mglL
Annual:
Grab
1, 5
00400
pH
6.545,
su
Annual'
Grab
1, 2, 5.
'70300
Solids, Total Dissolved - 180 °C''
500
mg/L
Annual
Grab
1;, 5
82546
Waterleve.1,distance from measuring point
ft
Annual
Calculated
r,-2; 3,_5
1. 3 x Year monitoring shall be conducted in March„July:&November; Annual monitoring shall be condueted.every November.
2. The measurement of water levels shall bemade prior to purging the wells. The depth to water in _each well shall `be measured from -the. surveyed point on the top .ofthe casing. The measurement
of pH. shall be made after purging and.prior to sampling for the remaining parameters.
3. The measuring points (top -of -well ,casing) of all monitoring, wells shall be surveyed to provide the relative elevation of the measuring.point for -each monitoring well. The measuring points (top
of casing) of all monitoring wells shall b6 surveyed relative to a common datum;
4. Monitoring wells shall be reported •consistent with the nomenclature, and location information provided in Figure .1, and this, attachment.
5. Please note that monitoring wells MW-1 and MW-2 are located on laud '(Parcel #606 070.): no(owned`bythe Per mittee. 'However, an easement has-been granted to allow the. use.of this land for
the subject wastewater irrigation system. I'll is is recorded. in:the Rowan County Register of Deeds in Book.9995 Page 6479.
WQ0029635 Version 2.0 Attachment C Page 1 of I

Figure 2 — Directional Map
W "0029635
Sunset Pointe, Salisbury, NC 281446
Sunset Pointe on High Rock HOA, LLC
Latitude: 35.676131 °
Sunset Pointe Subdivision..
Longitude: =80.354519°
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N otq vzf o oZ — C of 13

STATE OF NORTH CAROL INA
Raw A o 6 S_
COUNTY OF Permit No.
OPERATIONAL.AGREENENT-.
This AGREEMENT made pursuant'to G.5.143-215A (41) and entered into this 2--C) day of
u q Q si by and between, the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as.: the COMMISSION; and
a non-profit corporation organized
and existing, under and by virtA of the laws, of the State of North Carolina, hereinafter 'known as the
ASSOCIATION.
WrINESSETH:
1. The ASSOCIATION was -formed for the purpose, amang> others, of handling the property, affairs and
business of the. development known as goi4ct av,
(hereinafter, the Development); of operating; 're-doristril(king tLild repairing the common
p _ngi _
g
elements of the lands and improvements subject, to unit ownership, -including the wastewater collection
system, with pumps,, wastewatertreatmentworks, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and..assessment.to provide funds for such operation, maintenance, re -construction
and. repair.,
2. The ASSOCIATIONdesires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
3, The ASSOCIATION, has applied to the COMMISSION for the issuance of a,permit pursuant to G.S. 143-
21.6.1 to construct, maintam, and/or operate the Disposal System.
4. The Deyelopmontwds, created subject to unit ownership in the dwellings units, other improvements and
lands through filing of a Declaration of Unit Ownership (hereinafter Deddratibfi), pursuant to Chapter
47C of the Nofth,Carolina General Statutes.
5. The COMMISSION -,desires, to assure that the Disposal System of the 'D6vP16pinent is properly
tonstructed,,m4intained and op6rated,ifi accordance with'law and permit provisions in, order to protect the
quality of the waters of the: State and the public interest therein.
NOW, THEREFORE, in, consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and ASSOCIATION dohereby mutually agree as follows:
L The ASSOCIATION shall. construct the Disposal System and/of, make any additions or modification
s to
the Disposal- System,in- accordance With the permit and plans and sppcificdtiofis hefeafterAssbed and
approved- by the COMMISSION' andshall thereaft6r properly op&rate and maintain such systems and
facilities in accordance with applicable permit provisions and law.
2. The ASSOCIATION
OCIATTION' shall provide `in the Declaration and Association Bylaws that the Disposal System.
and appurtenances thereto are part of the common elements and �shall thereafter be properly
Y maintained
and operated in confbtrii�ity With law and the provisions of the permit for construction, . n operation,, repair,
and maintenance of the system and facilities,I The Declaration and I Bylaws shall I identify the entire
wastewater treatment, collection' and disposal system as a common element,, which will receive the highest
priority for expenditures by the Associ4ion.except for Federal State, and local taxesand insurance.
FOkM-- HOA 68-13 Pagp1, of 2

3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System
will be maintained out of'the common expenses. In order to assure that there shall be funds readily
available to repair, mairitA.ir-4, or construct the Disposal System beyond the routine operation and
maintenance nspsi the De on Bylaws shall, prQyide_that -.4-f4nd,be,,created,.out of.
thecommon expenses. Such fund shall be separate from the routine maintenance fund allocated for the
facility and shdll. be part of the yearly budget.
4. In the event the common expense allocation and separate fund(s) are not adequate for the construction,
repair, and maintenance of the Disposal System; the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments-, and the Declaration and Bylaws shall be provided such that special assessments can be made
as necessary at Any time.
S. If a wastewater collection system and wastewater treatment and/or disposal facility ptovided, by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinaftef, become
available to serve the Deve'lopment, the ASSOCIATION shall take such action as 'is he6essaryto cause the
existing and, future wastewater of the Development to be accepted and discharged into, said governmental
system, and shall convey or transfer as -much of the Disposal System and -such necessary easements
ients as the
goveftimental unit may require as condition of accepting the Developments wastewater;
6. Recognizing that it would be contrary to the public interest, and to the public health, safety, and Nelfire for
the �, ASSOCIATION to, enter into voluntary dissolution without having made: adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall
provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution
without first having transferred its said system and facilities to some person, corporation or other entity
acceptable to"and approved by the commissioN'bythe issuance of a permit.
7. The ASSOCIATION shall not transfer, convey., assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
ASSOCIATION's successor,
The agreements set. forth in numbered paragraphs 1,. 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIATION for the, construction, maintenance, repair and
operation of the Disposal System.
9. A copy of this, agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration
is filed and "in, the offices, of the Secretary of State of North Carolina with the Articles of Incorporation of
the Association-.
IN WITNESS. WHEREOF, this agreement was executed in duplicate originals by the. duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE, ENVIRONMENTAL t Rjc'�
PC42 ue\ tA" ; (� 0. A L LC_
MANAGEMENT COMMISSION Name of ASSOCIATION U
P,-TWtna,s Reeder, Director
DivisiXof Water Resources
1-2/11 44
(Date)
By: x, '�Jk
(Signature)
� AQ�k
b(L6)V�OAa-- *� R , 1C,
Print Name, and Title
,K)l q
(Date)
FORM: HOA 08-13 Page -2 of 2

Pat McCrory
Governor
&74*
NCDENR
North. Carolina Department of Environment and Natural Resources
December 11, 2014
DEBORAH-R: SCOTT - PRESIDENT
SUNSET POINTFON HIGH ROCK HOA, LLC
522 SuNsiT PorNTE DRIVE
SALISBURY, NORTH CAROLnvA,28146-5703
Dear Ms. Scott:
John.E.. Skvarla, III
Secretary
Subject: Permit No. WQ0029635
Sunset Pointe WWTP
Wastewater Irrigation ;System
Rowan County
In, accordance with your permit renewal request received August 26,-20'14, and subsequent
additional information received. October 21., 2014, we are forwarding herewith Permit No.; WOQ029635
dated December 1.1:, 2014,,to Sunset .Pointe on, High Rock HOA,, LLC ,for the continued operation of the
subject: wastewater treatment. and irrigation facilities. Please note that this renewed permit shall. become.
effective on March 1, 20I5 (i.e. the day after the expiration date of the existing permit), which. differs
from the .date of this- letter.
This permit shall be effective .from March -1, 2015' until February 29,, 2020, shall void Permit No.
WQ0029635 issued December 13, 2011, and shall be subject to the. conditions and limitations as specified
therein: Please pay particular attention to the -'Monitoring requirements listed in Attachments',A, B and C.
for they may differ from the previous permit issuance. Failure to establish an adequate system for
'collecting -and maintaining the required operatiorial information shall result in future compliance
problems.
For your convenience, customized 'electronic copies of your facility's NDMR and NDAR-1
reporting forms are available for download at: htip:Hportal.nedenr..or web/wq/aps/lau/reporting.
If any parts; requirements or limitations contained in this permit are unacceptable, the Permittee
has the rightto request an adjudicatory hearing upon written, request within 30 days following receipt of
this permit. This request shall be. in the form of a written petition, conforming to Chapter 15OB of the
North Carolina General Statute's'. 'and fled with. the Office of Administrative Hearings at 6714 Mail
$ervice Center, Raleigh, NC 27699-76714. Unless such demands are made, this permit shall. be final and
binding:.
Please note, the following attachment has been modified since fhe last permit issuance dated
.December 13, 2011:
➢ AttachrnimtC —The monitoring frequency for the parameters listed in Attachment Chas been
reduced.from 3 x`Year to Annually:
1636 MailSerVica Center, Raleigh, North Carolina 27699-1636
Phone:[phone] k l4eimets http:lloortal.ncdenr.orolwe-
An Equal Opportunity l Affirmative Action Employer - Made in part with recycled paper

Ms. Deborah R- Scott
December 11, 2014
Page 2 of 2
If you need additional' information concerning this permit, please contact Nathaniel Thornburg at.
(9.19) 807-6.453, or [e-mail].
Sincerely.
/honl�sAReedetDire,ctor
Division. of Water Resources
'cc: Rowan County Health Department (Electronic' Copy)
Mooresville Regional Ofce, Water Quality Regional Operations Section (Electronic. Copy)
Central Files
Digital Permit Archive .(Electronic Copy)

NORTH CAROLINA
ENVIRONMENTALMANAGEMENT COMMISSION
DEPARTMENT OF ]ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER IRRIGATION SYSTEM PERMIT
Ifi accordance wi th. 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
sunset 'Po nte- on High Rack H0A, LLC
Rowan County
FOR TB E
continued :operation of a 75,,000 gallon per day, (GP.D) wastewater treatment and irrigation facility
consisting of.
a 1,500 gallon baffled septic tank at each residence (106 four bedroomhomes, 37 three bedroom patio
,homes, and 36 two bedroom ,condominiums); an influent flow meter three flow splitter boxes; four
20,000 gallon recirculation tanks serving', 16 Advantex; AX-100 textile filters; ultraviolet. (UV)
disinfection; an $9,000 gallon pump tank. with 298.4 gallon per minute (GPM) pumps a permanent
auxiliary power -source; a 591,256 cubic foot (W) synthetically lined wet weather storage pond; 34.7 acres
of -drip irrigation area consisting of 14..fields and ail associated valves,, piping, controls and. appurtenances
to serve Sunset Pointe Subdivision, with no discharge of wastes to surface waters, pursuant to the,
application received August 26, 2014, and subsequent additional information received by the Division .of
Water Resources, and. in conformity with the project plans, specifications, and other supporting data
subsequently filed and 'approved -by the Department of Environment 'and. Natural Resources and'
considered a part of this permit.
This permit shall be effective from March 1, 2015 until February 29, 2020, shall void Permit .No.
`WQ.0:029635 issued December 13, 20.11; and, shall be subject to the. following, specified conditions and
limitations:
I. SCHEDULES
Based on the current configuration of the effluent flow meter and the low average daiN,-flows (ADF),
the Perm ttee may conduct a monthly e, "stiinate, of their effluent .flow values. .These. values shall be
reported, on their Non -Discharge Monitoring,Report.(NDMR) as required in Condition IV.7. Upon
reaching a monthly.ADF of 8,000 gallons per day (GPD) and prior, to exceeding an ADF of'9,000
GPD; the Perrnittee shall submit a, permit modification, to the Division for the construction and
operation of a continuous, monitoring and recording effluent flow meter. This permit modification
shall include plans and, specifications for'the proposed effluent..flow.meter, and, be, signed, sealed and
dated by a licensed North, Carolina Professional Engineer. This permit rnodif cation shall, be
submitted to the Division of Water Resources; Water Quality Permitting Section, 1636 Mail Service
Center, Raleigh, NC 276994636...
WQ0029635 Version 2,0 Shell Version 1.40707 Page 1, of,8

2. No later than six months prior to .the expiration of "this permit, the Permittee shall .request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will .review the
adequacy of the facilities described therein, and: if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please -note Rule 15A
NCAC 02T 0105(d) requires an updated site map to be submitted with the, permit renewal
application. In accordance with Rule 1.5A NCAC 02T .,0115,, the Permittee. shall submit a copy of the
declarations and Bylaws documenting compliance with the attached Operational Agreement.
it. PERFORMANCE STANDARDS
1. The subject non -discharge facilities shall be effectively maintained and operated, at all times so there
is no .discharge. to surface waters, nor any contravention ,of groundwater or surface: water standards.
In the event -the facilities fail to perform satisfactorily; including the creation of nuisance conditions
due to improper operation. and maintenance, or failure of the irrigation areas to adequately assimilate
the effluent; the Permittee shall take immediate corrective actions including Division required actions;
�.such.as the construction of additional or replacement wastewater treatment or irrigation facilities.
2. This permit shall not- relieve the Permittee of their responsibility for damages to ;groundwater or
surface water resulting from the operation of this facility.
3. All wells constructed for purposes of groundwater monitoring shall be constructed in accordance with
15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and: any other
jurisdictional laws and regulations, pertaining to well construction.
4. Effluent quality shall not exceed the limitations specified 'in Attachment A.
5. Application rates,_ whether hydraulic, nutrient or other pollutant, shall not exceed those specified' in
Attachment B.
6. The Operational Agreement (attached) between the Permittee and the Envirorunental Management
Commission is incorporated herein 'by reference and shaII be a condition of this permit:.
Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all
sanctions provided by North Carolina General Statutes §143=215.6A to §-143-215.6C for violation of
or failure to act in accordance with the terms and conditions of this permit_
7. The irrigation system shall_ be connected to a rain or moisture sensor, which shall indicate when
effluent application is not appropriate in accordance with Conditions 11L4 and 1I1.5. of this permit.
The compliance boundary for the disposal system shall be specified in accordance with 15A. NCAC
02L .010.7(b). This disposal system was individually, permitted on or after December 30, 1983;.
therefore, the compliance boundary is established at either 250 feetfxom "the'effluent disposal area, or.
50 feet within the property. boundary, whichever is closest to the effluent disposal area. An
exceedance of groundwater standards at or beyond the ..compfiance boundary is subject.to remediation
action according to 15A NCAC 02L .0106(d)(21) as well as enforcement actions in accordance with
North Carolina.General Statute 143;215.6A through 143-215.6C.
9'. In accordance with 15A NCAC 02L ,0108, the review boundary is established midway between the
compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the"
review, boundary shall require action'in:accordance with. 15A NCAC 02L .0106.
10-- The Permittee shall apply.for a permit modification to establish a new compliance boundary prior to
any sale or`transfef of property affecting a compliance boundary.
11. In .accordance with 15A NCAC 02L .0107(d), no wells, excluding .Division approved monitoring
Wells, shall be constructedWithin the compliance boundary<exceot as provided for in 15A NCAC-02L
.0107(g).
WQ0.029635 Version 2.9 Shell Version 140707 Page 2 0£.8

12. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is
not the Permittee and .owns land within the compliance boundary shall execute and file with: the
Rowan County Register of Deeds an easement running with the land containing the following 'items:
a. A notice of the permit and.number or other description as: allowed, in 1,5A NCAC 02L 010.7(f)(1);
b. Prohibits .construction and operation of Water supply wells within the compliance boundary;, and
c. Reserves the right of the Termittee or, the State to enter the property within the compliance.
boundary for purposes. related to the' permit..
The Director may terminate the easement when its. purpose has been fulfilled or is no. longer needed.
13, The facilities Permitted„ herein shall be constructed according to. the following setbacks:
a. The setbacks: for irrigation sites permitted under BA NCAC. OZH .0200 shall be as follows (all
distances in feet):
i. Any habitable residence or place of public -.assembly under sepa ate ownership: .100
ii. Surface waters:_ 50
iii. Any well with exception,of monitoring wells: 1.00
iv. Any property line: 50
y. Pablic.right of way; 50
b. The setbacks for storage ;and treatment units permitted. -under 15A_NCAC 02H .0200 shall be as
follows (all distances in feet):
i. Any well with -exception, of monitoring, wells: 100
ii. Any property line: ;SQ
M. OPERATION AND -MAINTENANCE REQUIREMENTS
'1. The_:facilities shall be -properly maintained and operated at all times. The facilities shall'be effectively
maintained :and operated as a non -discharge system to prevent the discharge of any .wastewater
resulting :from the operation of this facility. The Permittee shall maintain an Operation and.
Maintenance. Plan pursuant to 15A. NCAC.02T .0507, which at a minimum shall include operational.
functions, maintenance schedules, safety measures and a spill response .plan.
2. Upon the Water Pollution Control. System Operators Certification Commission's (WPCSOCQ),,
classification of the.subject:non-discharge. facilities, in accordance with 15A.NCAC 08G A200 the:
Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or
more certified operator(s) as back-up ORC(s).. The ORC or their back-up shall visit the facilities .in
accordance with .15A. NCAC 08G :0200, and shall comply with all other conditions specified °in the
previously cited rules.
3. A suitable year round vegetative cover shall be inairitained at all times; such that crop `health is
optimized,. allows for evenAistribution of effluent andallows inspection of the. irrigationsystem. The -
large scale harvesting. of trees. located within the sites listed., in. Attachment R is discouraged: Any
cutting of'trees shall be done in a manner to minimize damage to drip irrigation lines. Irrigation on.
'the sites. listed in Attachment 13 Is prohibited during harvesting operations,; Upon completion, of
harvesting, the Permittee shall :inspect_ all drip ..irrigation lines and shall make the :necessary repairs
priorto resuming wastewater irrigation.
4. Adequate measures shall ..be taken to prevent effluent ponding in or runoff from the irrigation sites
listed in Attachment B.
5. Irrigation shall not be performed during inclement weather or when the ground is 'in a condition that
Will cause, ponding or runoff.
WQQ029635 Version 2.0- :She11-Version.140707 Page 3 of 8

6. All irrigation equipment shall be tested. and calibrated at least once per permit cycle. Calibration
records shall be .maintained at the facility for a period of no less than. five years, and shall be made
,available to the Division upon request.
7. Only effluent from "the Sunset Pointe V WTP shall be irrigated on the sites listed in Attachment B.
8. No automobiles or machinery shall be allowed on the irrigation sites except during .equipment
installation or while maintenance is being performed.
9. Public access to the irrigation sites and wastewater treatment facilities "shall be prohibited.
10. The residuals generated from the wastewater .treatment facilities shall be disposed or utilized in
accordance with 15A NCAC 02T .1. 100. The Permittee shall maintain a residual management plan
pursuant to. 15A NCAC 02T .0508,
111. Diversion, or bypassing of untreated or partially ;treated wastewaterfrom. the treatment facilities is
prohibited.
12, Freeboard in flit wet weather storage pond shall not be less than two,feet at any time.
13 A gauge to monitor waste levels in the wet weather storage pond shall be provided. This gauge shall
have readily visible permanent markings, at inch or tenth of a foot increments, _indicating the_
following ,elevations: maximum liquid level at the top of the temporary liquid storage volume;
minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest "point on
top ofthe dam.
14. A protective vegetative cover shall be established and maintained on all earthen embankments (i,e.,
outside toe of embankment to maximum allowable. temporary storage elevation .on the inside of the,
embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs;
and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments.
Earthen embankment areas. shall be kept mowed or otherwise, controlled and accessible.
IV. MONITORING AND REPORTING REOUM EMENTS
1: Any Division required monitoring (including groundwater, plant tissue, soil and surface water
analyses) necessary to ensure groundwater and. surface water protection shall be established, and an
acceptablesampling reporting.schedule shall be. followed.
2: Per 15A NCAC 02H .0800, a Division certified laboratory shall conduct all laboratory analyses for
the required effluent, groundwater or surface water parameters.
3. Flow through.the treatment facility shall be continuously monitored, and daily flow value"s shall be
reported on Form NDMR.
The Permittee shall install and. maintain an appropriate flow measurement device to ensure `the
accuracy and reliability of flow measurement consistent with accepted engineering and scientific
practices. Selected flow measurement devices shall be capable ofineasuring flows with a maximum
deviation of less than ten _percent from true flow; accurately calibrated at a minimum of,once per year;
and maintained to ensure 'the accuracy of measurements is consistent with the selected device's
accepted capability, The Permittee shall maintain records of flow measurement device calibration on
file far'a period of at least five years. At.a minimum, documentation shall include:
a. Date of flowmeasurementdevice calibration;
b. Name of person performing calibration, and
c. Percent from true flow.
WQ0029635 Venion.2.0 Shell Version 140707 Page 4 of 8

4. Tlie. Eerm ttee shall mo IitorIhe effluent from the -subject facilities at the ftequencies and locations fof
the parameters specified in Attachment A,
5. The, Pennitfee shall maintain adequate records tracking the amount. of effluent irrigated. At a -
minimum, these records shall include the following information, for .each irrigation sife 'listed in
Attachment B:
A. Date of irrigation;'
b. Volume of effluent irrigated;
c. Site irrigated;
d., Length of time:site is.irrigated;
e. Continuous weekly,: monthly; and year-to-date hydraulic (inches/acre),loadings;.
f contintiousl monthly,and,year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B;
g. Weather conditions; and
h. Maintenance of cover crops:
6`. Freeboard (ix., waste level to the lowest embankment elevation) in the wet weather 'storage pond
shall be _mea'sured to .the nearest, inch or tenth of a foot, and recorded weekly. -Weekly freeboard
records shall be maintained at the facility for. a period of no less than five years,, and shall be made
available to the Division upon request.
7- Three copies of all monitoring data (as specifpd. in, Conditions IV.3:: and IV.4 )_ on Form.NDMR for
each PPl and three copies of -all operation 'and disposal records (as specified in Conditions IV.5. and
iV.6.) on Form NDAR-1; for"every site in Attachment B shal be submitted on or before the last day of
the following month. If no activities occurred during the monitoring month,, monitoring reports are
still required documeot ng the absence of the activity_ All 'information shall be submitted to the
following address:
Division of Water_ Resources
Information Processing Unit:
1617 Mail Service Center
Raleigh; North Carolina.27699-1617
8.. A record shall Abe maintained of all residuals renrioved .from this 'facility,, This record shall be
maintained at the facility -for a period of no less than five years, and shall be made available. to the
Division upon request. At a:miniinum, this record shall include;
A. Narne of the residuals hauler,
b_ Non -Discharge permit.number authorizing the residuals disposal, or.a letter from a municipality,
agreeing to accept -the residuals;
6.. Date tlie'residuals were hauled,;'and
d. Volume of residuals removed.
9 A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for
a period of no: less than five years; and.shall be made available to the Division -upon request. At a
rninimurn, this log -shall include:
a. Date of calibration of flow°measurement device;
b. 'Visual observations of the plant and plant site; and
c. Record of preventative maintenance (e.g., changing of equipment; adjustments, testing,
inspections and cleanings, etc.).
10. Monitoring Wells shall be sampled at the frequencies and for the parameters specified in Attachment
C. All mapping well construction forins well abandonment forms and monitoring data shall refer to
the permit number and the well nomenclature as..provided in Attachment C and Figure L.
WQ0029635 Version 2.0 Shell Version 14070-7 Page,5,of 8

11. Two copies of the, monitoringvwell sampling and analysis results shall be submitted on a'Cbniplianee
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on, or before the last
working day of the month .following the sampling month. The Compliance Monitoring Form (GW-
59) shall, include this permit nurnber, the appropriate well, identification numbek, and one GW-59.a
certification form shall be submitted with each set of sampling results. All information shall .be
submitted to the following address:
Division of Water Resources
Information Processing Unit
1.617 Mail Service Center
Raleigh, North Carolina 27699-16f7
12. An annual _representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on
each irrigation site listed in Attachment B. These results shall be maintained. at the facility for a
period of'no less than five years, and shall be made available to the Division, upon,request. At a
minimum, the Standard Soil Fertility Analysis shall include the following parameters: ,
Acidity
Exchangeable Sodium Percentage
Phosphorus
Base Saturation (by calculation)
Magnesium
Potassium
Calcium
Manganese
Sodium
'Cation Exchange Capacity
Percent Humid Matter
Zinc
Copper
pH
13. Noncompliance Notification:
The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704)
663-1699, ast soon As possible, but in no case more than 24 hours, or on the next working day
following the, occurrence or first knowledge.of the occurrence of any of the following:
a.. Any occurrence at the facility resulting .in the. treatment of significant amounts, of wastes that is
abnormal in quantity or characteristic, including the known passage of a hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc:), due' to known or unknown reasons;
rendering the facility' incapable of adequate wastewater treatment_
c. Any facility failure resulting in a by-pass directly to receiving surface waters.
d. Any time self -monitoring .indicates the facility has gone out of compliance with its permit
limitations:
e.. Ponding in or runoff from the irrigation.. sites.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a storage structure; etc.) 'outside normal business hours shall be reported to the Division's Emergency
Response personnel at telephone number [phone], [phone], or (019). ,733-3300.
Persons reporting -such, occurrences by telephone shall also file a written, report in, letter form. within
five days following first knowledge ofthe occurrence. This report shall outline the actions taken or
proposed to be taken to ensure the problem does not recur.
WQ0029635 Version 2.0 Shell Version 14070..7 Page 6 of 8.

V.. INSPECT -IONS
1. T1ie'Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
wastewater -treatment and. irrigation 'facilities.
2. The Permittee or their designee shall inspect the wastewater treatment and irrigation facilities to
prevent malfunctions, facility deterioration :and operator errors resulting in discharges, which may
cause the release of wastes to the environment; a threat to human health or a public nuisance. The
Permittee shall maintain an inspection_ log that includes, at a ,minimum;the date and time .of
inspection, observations made, and any maintenance, repairs, or corrective actions taken. The
Permittee shall -maintain this inspection. log -for a period of five years from the date of the inspection,
and this. log shall ,be made available°to the Division upon request.
3. Any duly authorized Division representative may, upon presentation of credentials,, enter and inspect
any property; premises orplace on of related "to the 'wastewater 'treatment and irrigation facilities
permitted herein.at: any reasonable time forthe. purpose of determining compliance with this permit
may inspect. or copy any records required. to be maintained under the terms and conditions of this
permit; and acoilddt,grouhdW8t6r.§iifaddWat6tor-leAdhatdsAiole§.
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to
an enforcement. action by the Division in accordance with North Carolina General .Statutes 143-
215.6A to 14341.5.6C;
2. This permit shall become voidable if the permitted facilities are not constructed in accordance with
the' conditions of this permit, the:Division approved plans and 'specifications, and ;other supporting
documentation.
3. This permit is effective only with respect to the nature' and volume of wastes described in the permit
application, Division approved plans and specifications, and other supporting documentation.. No
variances to applicable :rules governing the construction or operation of the permitted facilities are
granted, unless, specifically requested and approved in this permit pursuant to 15A NCAC 02T
4. The issuance of this permit _does not. exempt tho Pe mittee from complying: With any and all statutes;
rules, regulations, or ordinances; which maybe imposed by .other jurisdictional government agencies
(e.g.; local, state, and federal): Of particular concern to the Division are applicable river buffer rules -
in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A.NCA:C Chapter 4
and under General Permit NCG.01000Q; any requirements pertaining to wetlands under 15A NCA.0
02B .0200 and 02H .0500; 'arid documentation of compliance With Article 21 Part 6 of Chapter 143 of
`the. General Statutes.
5. In the event the permitted facilities change ownership or the Permittee changes their name, a formal
permit modification request,shali 'be submitted to the Division. This request.shall'.be made on official
Division; forms, and shall include appropriate property ownership documentation and other supporting,
documentation as necessary. The Perrnittee of record shall remain fully responsible for maintaining
and operating the facilities permitted herein until -a permit is issued to the new owner.
6. The Permitted shall retain a set of Division approved plans and specifications for the life of the
facilities permitted herein.
7. The Permittee; shall maintain this peranit until all permitted facilities herein are ,properly closed, or
permitted under another permit issued by the: appropriate permitting authority pursuant to 15A NCAC
02T .01056).
WQ0029635 Version 2.0 Shell Version' 140707 Pagc; 7 of 9

8. This permit is subject to revocation or unilateral modification upon 60 days notice from the .Division
Director, in whole'or part for the requirements listed in 15A NCAC 02T .0110.
9. Unless the'Division Director grants a variance, expansion of the permitted facilities contained herein -
shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T'.0120(b).
10. The Permittee shall pay the annual fee within 30 days .after being billed by the Division. Failure to
pay' the annual. fee accordingly shall be cause for the. Division to revoke this permit pursuant to 15A
NCAC 02T .0105(e)(3).
Permit issued this the I lb day of.December 2014
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
T&as , �. eeder, Director
Division of Water'Resources
By Authority of the Environmental Management Commission
Permit Number WQ0029635,
WQ0029635 Version 2.0 Shell Version.140707 Page 8 of 9

3
ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS
PPI 001— WWIP Effluent
Permiffumbert WOOK9635
Ve,rAon: 2.0'
'EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORINGREQUIREMENTS.
PCs.
.code
Parameter Description
Units of
Measure
on
Monthly
-Average
Monthly
Geometric Mean
Daily Minimum
Daily'-MAximum
Measurement
Frequency
Sa-mplb
Type
00310
BOD, 5-Day. (20 OC-)
mg/L
Monthly
Grab
00940
Chloride (as Cl)
mg/L
3 x'Year)
�Grab
31616
Coliform, Fc6al._MF,,WFC Broth, 44.5'C
#/100ML
Monthly 2
Grab
50050
Flow, in.Condult-&-thru Treatment Plant,
G)?I?
751000
Z,
-:Monthly
3 [Continuous
Estimate /Recorder
00610,
i4itrogen, AmmoniaTotal (as.N)
-mg/L
2
Monthly
GrAb.
.00625
Nitrogen,Kjeldahl, Total (as.,N)
mg/L
Monthly
'Grab
'00620
Nitrogen, Nitrale Total as N)
:rrfg/L
91
Monthly
Grab.
,0460
pH
su
3 4.
Weekly 5 x Week
Grab,
00665
:Phosphorus, Total (as P)
mg/L
Monthly
Grab
10300
Solids, Total& -bissolved- 18VC
,mg/L
'1"�
;k
x
3 Year
�Grab
00530
$01jos, Total Suspended
mg/L,
Monthly
Grab
1. 3 x Year sampling shall be conducted every March,luly and November.
2. Monthly average for Fecal Coliform §hall.be a geqmetrimcan.
3: While the month ty.average.da't ly flow (ADF) is less than 1%00,0'gallons per day�.(GPD),'th.e Permittee shall sample flow (50050) monthly; and!pH',(00400) weekly.
4; When:the monthly ADF exceeds 10,000 GPD, the.P�ermi ttee,shatt'sample flow (50050) on, a continuously, acid PH (00400) fi",times per -week.
WQ00296.35 Version 2.0 Attachnient A
Pagel of 1

THIS PAGE BLANK

ATTACIIM.ENT B -APPROVED LAND APPLICATION SITES AND'LIMITATIONS
Sunset Pointe on High:Rock HOA,.LLC.- Sunset Pointe WWTP
Permit Number: WQ0020635 Version: 2.0.
IRRIGATION AREA INFORMATION
APPLICATIONLIMITA.TIONS
Field .
Owner
County
Latitude.
Longitude
Net
Acreage
Dominant
Soil Series
Parameter
Hourly'
hate
Yearly
Max
Units
l
Sunset Pointe on High.Rock.HOA, LLC.
Rowan
35.6744281'
-80,353.6090
2.5
Mecklenburg,
01284 - Non -Discharge Application Rate
0.3,
40.27
inches
2
Sunset Pointe on High RockHOA, LLC.
Rowan
'35.6744210
=80,354332°
-2.5.
Mecklenburg
0 1284 - Non -Discharge Appli.6ation Application Rate
0.3;
40.27
inches.
3
Sunset Pointe on High Rock.HOA, LLC
Rowan
35,6744341
-80'.3550830
'2,5
Mecklenburg.
01284 -Non-Discharge Application Rate
0.3
40.27
inches.
4 '
5unsetPointe on High Rock HOA, LL'C,
Rowan
35.675558°
-80.355300°
2.6.
'Mecklenburg
01284-Non-Dis6harge Application Rate
0.3
40.27
inches
5:'
Sunset Pointe on High Rock,HOA, LLC'
Rowan
35.6745670
-80.355797°
2.5
Mecklenburg
01284 - Non -,Discharge Application Rate
0.3
40.27
inches
6'''
Sunset Pointe on HighRock.H.OA„LLC`
Rowan
35.6762321?
=80.355560°
'2.4
Mecklenburg
.01284=Non-Dis6harge Application Rate
0.3
40.27
inches:
7
Sunset Pointe on High Rock HOA, LLC
Rowan
3.5.6762490
-80.3569980
2.4
Mecklenburg
01284-::Non:Discharge Application Rate.
0.3
40.27
inches
8 '
Sunset Pointe on High Roek'HOA;. LLC
Rowan
316756370
-80.3572690•
2.5
Mecklenburg.
01284 - Non -Discharge Application Rate
0.3
40.27
inches
9.
Sunset Pointe on High Rock HOA,.LLC.,
Rowan
35.6748625'
=80:3512280
2.5
Mecklenburg
01284 -Non-Discharge Application Rate
0:3
40.27
inches
10 `'
Sunset Pointe on HighRock,HOA, LLC .
Rowan
35.6743900
-80;356983°
2.5
,Mecklenburg
D1.284-Non-Discharge Application Rate
0.3
40.27
inches
11
Sunset Pointe on High;Rock'HOA,'LLC.
Rowan
35.6730736
-80.355,0610
2.5
Mecklenburg
01284-Non:Discharge Application Rate
0.3
40.27
inches
12.
Sunset Pointe on High Rock 1IOA, LLC
Rowan
.35.6730601
=80.3543370
2.5
Mecklenburg
01284-Non-Discharge Application Rate
0.3
40.27
inches
13
1 Sunset. Pointe on High'Rock'HOA, LLC
Rowan
35.672005o
-80. 53711P
2,7`
,Mecklenburg
0.1294-Non-Discharge Application Rate
0:3
40.27
inches
14
Sunset Pointe on Pligh Rock HaA, LLC:
Rowan
3 5.6720910
-80.3547850
2.1
Mecklenburg
01284 - Non -Discharge Application Rate
0.3
40.27
inches
'Totals
34.7
1. Please note that all.of Fields'7, 8 and`9,:as well as: portions of Fields.4, 5 6 and 10 are -located -on land (Parcel #606'070) not�bwned by`the Permittee. However, an easement',hasbeen granted to
allow the use of this land, for the subject; wastewater irrigation -system. This casement is recorded in the Rowan.,C,ounty Register .of Deeds in Book 9995 Page 6479..
WQ.0029635'Version.2.0 Attachtuent.13 Page 1 of 1

THIS PAGE BLANK.

ATTACHMENT C -°GROUNDWATER 1 OONITORING ANDLIMITATIONS
Monitoring wells: AM-1, MW-2 and MW-3
Permit Number WQ0029635 Version::10
GROUNDWATER -CHARACTERISTICS
GROUNDWATER STANDARDS
MONITORING REQUIREMENTS
PCS• Code
Parameter Description
Daily Maximum
Frequency Measuremeni
Sample'Type
Footnotes-
009Q0
.Chloride:(as Cl)
25.0
mg7L
Annual
Grab
1 5,
31616,
Coliform, Fecal MF, M-FC,Broth, 44.5°C.
41100 mL
Annual
Grab
1;, 5
0.0610
Nitrogen, Ammonia.Total (as N)
1.5
mg/L
Annual
Grab
1,5
00620
Nitrogen, Nitrate Total (as N)
10
mg/L.
Annual;
Grab
T,.S
00400
pH
6.5-8:5,
su
Annual
Grab.
1,2,5
'70300
Solids, Total Dissolved - I9VC'
S00
mgjL
Annual`
Grab
1, 5
8254,6
Water.level;.distance from measuring.point,
R:
Annual
Calculated
1,:2;.3,35
1. 3 x Year monitoring $hall. be conducted, in March,ruly:& November; Annual monitoring shall be conducted. every November.
2. The measurement of -water.' levels shall'be.made prior to purging the wells. The depthto water in each well shall be measured _from the surveyed '.point on the top:ofthe:casing: the measurement
of pH. shall be made after purgingand prior to sampling for the remaining parameters;
I. The measuring points (top;of'well.:ming) of all monitoringwells shall Wsurveyed to provide -the relative elevation of the measuring, point for,each monitoring well. The_measuringpoints (top
of casing) of all monitoring wells shallbe surveyed relative to a common -datum:
4: Monitoring wells.shall'be reporied•consisienf with: the nomenalature:and:location information provided in.Figure I and this attachment.
5z Please notethat monitoring wells .M-W-1 and MW-2 are located on larid (Parcel #606 070) not owned by the P6rmittee. 'However, an easement has-been granted. to allow the: use.of iliis land for
the subjeetwastewater.:irrigation.system. This -easement isrecorded in the Rowan County Register of eds in Book, 9995 Page:0479:
WQ.002963.5' Version 2.0 Attachment C Page 1 of I

Field 7.
Field 6 AVVTP
Ar
=g
Wet Weatherl$torage Pond
Fel
°
Field 4
MtA{-3
mvV-1
Field 5
Field 3
R"
l°
Field 2 Field 1
MVV-2
Field 11
m
.,
Field 12
s �°
..
Field 14
Field 13 '
�i
0 2011 Google
Imagery�Da(c pi7+6z2t?10 :ALab Z5,673964' ion -80 355Q.10',elev 697 i€

Figure 2 — Directional Map
WQ0029635
Sunset Pointe, Salisbury, NC 28146
Sunset Pointe on High Rock HOA, LLC
Latitude: 35.6761310
Sunset Pointe Subdivision
Longitude: -80.354519'
'•Yadkin
"'
'�J 29
a. � ° fix... e� '�*` iS'�w a v. _;� � 4 '• '� i� { i'" x` r n°r` ; o-.
� ��.
052
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WQ0029635
Sunset Poinie, Salfsbtity, NC28146
Sunset Pointe on High Rock HOA, LLC
Latitude: 35.6761310
'Sunset Pointe Subdivision
Longitude:-80A545190
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STATE OF NORTH CAROUNA
COUNTY OF _ o w A o Permit No.
This AGREEMENT made pursuant to G:S143-215.1 (dl) and entered into -this _ :'�40
_ day of
Our v si, a 61 Ll by and: between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as. the COMMISSION;. and
tiz S ' rye .. t 6Z L, L C a. non-profit corporation organized
and existing under and by virtA of the laws of the State of North Carolina, hereinafter.known m the
ASSOCIATION_
WPTNESSETH:
The ASSOCIATION was formed for the purpose, among others, of handling the, property, affairs and
business ,of the development known as _,��, e.r�Cc« 1=� ► c�, iek
(hereinafter, the Development); of operating,. maintaining,. 're-constrOing and repairing the common
elements of the lands. and -improvements subject to unit ownership, includingthe wastewater collection
system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System);
and. of collecting dues and, assessment to- provide funds for such, operation; maintenance, e-construction
and repair.,
I The ASSOCIATION desires, to construct and/or operate. a Disposal System to provide- sanitary :sewage
disposal to serve the Development on said lands_
3, The.ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215:1 to construct, maintain, and/or operate the Disposal System.
4. The; Development -was created .subject to unit ownership in the dwellings units, other improvements and
lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant `to Chapter
47C of the North Carolina General Statutes.
5. The COMMISSION desires to assure that the Disposal System of the Development is properly
-constructed, maintained arid. bperated.in-accordance with law and permit provisions in order to protect the
.quality ofthe waters of the: State'and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and ASSOCIATION do hereby thutually agree as follows:
1. The ASSOCIATION shall: construct the Disposal System and/or, make any additions or modifications to
the Disposal Systemin- accordance with the permit- and plans and specifications hereafter issued and
approved by the COMMISSION, and shall thereafter properly operate and maintain such _systems and
facilities in accordance with applicable permit provisions and law:
2. The ASSOCIATLON sha11 provide in the. Declaration ,and Association. Bylaws that the Disposal System,
and appurtenances thereto are part, ofthe common elements and shall thereafter be, properly maintained
and operated in conformity with law and the provisions of the. permit for construction, operation, repair,
and maintenance of the system and facilities;. The Declaration and Bylaws shall identify the entire
wastewater treatment, collection and disposal system as a common element, which will receive the highest
priority for expenditures by the Association -except for Federal, State, and' local taxes.and incur-ance.
FORM: HOA 08 '13 Page.. I of 2

3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System
will be maintained out of the common expenses. In order to assure ,that thereshall be funds readily
available to repair, maintain,, or construct the .Disposal System beyond the routine operation and
maintenance expenses, the Declaration and Association _Bylaws shall prov_de., that a,.fund_be.,created..out of .
the cotnrrion expenses. Such fund shall be.'separate from the routine maintenance fund allocated for the
facility and shall be part of the yearly budget.
4. In the event the common expense, allocation and separate funds) are not adequate for the construction,
repair, and maintenance of the Disposal System, the'Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall be provided such that special', assessments can be .made
as necessary at any time.
5. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development,_ the ASSOCIATION shall fake such action as is necessary to cause the
existing and, future wastewater of the Development to be accepted and discharged intosaid governmental
system, and shall convey or transfer as much of the Disposal System and such necessary°easements as the
governmental unit may require as condition of accepting, the Development's wastewater.
6. Recognizing that it would be contrary to -the public interest and to the public health, safety and welfare for
the. ASSOCIATION to enter into, voluntary -dissolution without, having made adequate .provision for the
continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall
provide in the ASSOCIATION Bylaws that..the ASSOCIATION shall not enter into voluntary dissolution
without first having transferred its said system and facilities to some person, corporation or other entity
acceptable to and approvedbythe COMMISSION by issuance ofapermit.
7. The ASSOCIATION shall not transfer. convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal 'System until a permit has been reissued, to the
,ASSOCIATION's successor.
8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and
operation of the Disposal System.
9. A copy of this agreement shall be filed at the Register Hof Deeds in the County(ies) where the Declaration
is filed and in.the offices of the Secretary of State of North .Carolina with the Articles of Incorporation of
the Association:
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the. duly authorized
representative of parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL �j�t'n5e PenTL o, t4►e�, I�ic7 ftA LLC—
MANAGEMENT COMMISSION Name ofASSOCIATION`
P-,-TXina _Reeder, Director
n Divisi of Water Resources
1211t /I q
(Date)
FORM: HOA 08-.13
(Signature)
Print Name and Title
(Date)
Page.2.of 2

gy�pp�.
� CDE
Garth Carolina Department of Environment and natural Resources
PatcCrory _-- -- - -- --- - -- ---------- ---- - - -- -- — --- - --- - - —
Governor
October 17, 2014
DEBORAH R. SCOTT -PRESIDENT
SUNSET POINTE ON HIGH ROCK HOA, LLC
522 SUNSET POINTE DRIVE
SALISBURY, NORTH CAROLINA 28146-5703
John_ E. Slwarla, III
' Secretary
OCT 2 0 2014
Subject: Application No. WQ0029635
Additional Information Request
Sunset Pointe WWTP
Wastewater Irrigation System
Rowan County
Dear Ms. Scott:
Division of Water Resources' Central and Regional staff has reviewed the renewal application package
received August 26, 2014. However, additional information is required before the review may be
completed. Please address the items on the following page no later than the close of business on
November 17, 2014.
Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and
regulations. Any oversights that occurred in the review of the subject application package are still the
Applicant's responsibility. In addition, any omissions made in responding to the outstanding items, or
failure to provide the additional information on or before the above requested date may result in your
application being returned as incomplete.
Please reference the subject application number when providing the requested information. All revised
and/or additional documentation shall be signed, sealed and dated (where needed), with three copies
submitted to my attention at the address below.
If you have any questions regarding this request, please do not hesitate to contact me at [phone] or
[e-mail]. Thank you for your cooperation.
cc:
Sincerely,
1.
Nathaniel Thornburg, Engineer
Division of Water Resources
Donald L. Munday, PE — Piedmont Design Associates, PA (125 E. Plaza Dr. — Suite 101, Mooresville, NC 28115)
Bank of North Carolina (415 Jake Alexander Blvd. West, Salisbury, NC 28147)
Permit Application File WQ0029635
1636 iv1aii Service Center, Raleigh, Korth Carolina 27699-1636
Phone: [phone] imernet: http://portal.ncdenc,org/v,,eb/wo
An Equal Opoonunity 1 Anirmative r.ckn Employer-- Nude P,, oar: with recycled paper

Ms. Deborah R. Scott -
October 17, 2014
Page 2 of 3
<lk\
General:
A comparison review of the Rowan County GIS database(http://rowan2.connectszis.com/Mgp.aspN)
and the existing site plan (attached) for the subject facility reveals that a significant portion of the
wastewater irrigation facilities are not owned by the Permittee. All or parts of Fields 4, 5, 6, 7, 8, 9
and 10, as well as monitoring wells MW-1 and MW-2 are located on property owned by the Bank of
North Carolina (Parcel ID: 606 070). The remainder of the wastewater irrigation system, monitoring
well MW-3, and the wastewater treatment plant and storage facilities are located on property owned
by the Permittee (Parcel ID: 606 029).
Accordingly, the Permittee shall do one of the following (i.e., a. or b.):
a. Per 15A NCAC 02T .0504(f), the Permittee shall provide Property Ownership Documentation
demonstrating that the permitted facilities currently on the property of Bank of North Carolina are
now under the control of the Permittee. This documentation may consist of -
Legal documentation of ownership (i.e., contract, deed or article of incorporation);
➢ Written notarized intent to purchase agreement signed by both parties, accompanied by a plat
or survey map; or ,
➢ Written notarized lease agreement signed by both parties, specifically indicating the intended
use of the property, as well as a plat or survey map. Lease agreements shall adhere to the
requirements of 15A NCAC 02L .0107.

-"Ms. Deborah R. Scott
October 17, 2014
Page 3 of 3
b. Provide a revised site map of the permitted facilities located on Parcel 606 029 in accordance
with the requirements in 15A NCAC 02T .0504(d). This site map shall be signed, sealed and
-- --- — --dated-by-a-North Carolina -licensed -Professional -Engineer -and -shall -include -the -following: . —
➢ A scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25
percent of total site relief and showing all facility -related structures and fences within the
wastewater treatment and irrigation systems.
➢ Soil mapping units shown on all disposal sites.
➢ The location of all proposed, existing and to be abandoned wells (including monitoring),
streams, springs, lakes, ponds, & other surface drainage features within 500 feet of all
wastewater treatment and irrigation systems.
➢ The compliance and review boundaries for the wastewater irrigation system, where the
compliance boundary shall be 250 feet from the wetted area or 50 feet within the property line,
whichever is closest to the wetted area. The review boundary shall be midway between the
compliance boundary and the wetted area.
➢ Setbacks as required in the existing permit.
➢ Show the location of all property boundaries within 500 feet of the wastewater treatment and
irrigation systems.
➢ All habitable residences or places of public assembly within 500 feet of the wastewater
treatment and irrigation systems.
Once the site map has been completed, the Permittee shall provide an updated listing of fields and
their associated acreages to remain in the permit, as well as a list of those fields to be removed
from the permit. Please note that fields to remain in the permit shall have the proper setbacks to
the property line for Parcel 606 070.
In addition, once the updated compliance and review boundary has been established, the
Permittee shall provide an updated groundwater monitoring well network. The proposed wells
should be located on the review boundary. Also, a plan to abandon existing monitoring wells
MW-1 and MW-2 shall be submitted.
Finally, with the reduced acreage due to the lost fields on Parcel 606 070, as well as the reduced
acreage due to the setback requirement to the new property line, the flow for the permitted facility
shall be reduced accordingly. This reduced daily flow amount shall be based on the acreage lost
and its existing loading rate of 40.27 inches per year (in/yr).
2. The Division of Water Resources was contacted by a representative of Advantex regarding selling
several of the AX-100 filters currently located at the subject facility. Please clarify the status these
filters and whether or not they are intended to be sold., If to be sold, please provide a reduced flow
value for the lost wastewater treatment capacity.

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ec.Iiev. rv_fl PUBLICATION OR REUSE Or THESE ORAWINCS OR ANY OETAIL5 WITHIN MUST BE WITH THE WRITTEN CONSENT OF PIEDMONT DESIGN ASSOCIATES. P.A. Owner: A­­­_Dely al I.rrr;
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*2
-P1MallTo: ROBERSON HAWORTH &REESE, PI LC, P.O. BOX 1550, HIGH POINT,NC2726I,/,,,,,/
This instrument was prepared by: Alan B. Powell, aq,
TRUSTFE'S DEED FOR SALE OF LAND Revenu eStamirs-. $1,553.00
Property addresses & panel ffs: See Attached
STATE OFNORTH CAROIANA,
Rowan County.
THIS DEED, Made this 201h day of May, 2011, by Alan B: Powell, Substitute Trustee, party of the first part, to Bank , of North
Carolina, ofDavidson County, State of North Carolina, party of the second part, witnessettv
That Whereas, on June'25; 2009, SM11HERCUT, LLC executed and delivered unto BNC Credit Corp., Trustee, a certain Deed
of Trust, which is recorded irti,Ihe office of the Register of Deed$ for Rowan County, in Boo)i;, 1124, Page 440;
And Whereas. under and liy virtue of the authority conferred by the paid Deed of Trust, and in accordance with the terms and
stipulations of the same, mid after due advertisement as in said Deed of Trust prescribed and�by law providcri, the said Alan„ B, Powell,
Substitute Truste ' a, did on April 26, 2011, at Rowan County Courthouse, Salisbury, North Carolina expose to public sale the landi
hereinatler described, where and when Bank of North Carolina became the lost and highest bidder for th6 same'at the price of
$176,160.00;
And Whereas, the said purchase price has been fally'paid or arranged to be paides in said Deed of Trust prescribed:
Now Therefore, in consideration of the premises and of,the sum of$776,160-00 paid
id to the said party of the first part by the
said party of the second part, and the receipt whereof is hereby acknowledged, and under and by virtue of the power and authority by
mid Deed of Trust conferred, the said Alan B. Powell, Substitute Trustee as aforesaid, does hereby bargain, sell and convey unto the
said Bank ofNorth Carolina,. their heirs and a�sigos, that (those) certain parcel(s) or truct(�) or lots) of land lying and being in the
County of Rowan, State of North Carolina, and defined and described as follows"to wit:
BEING' ALL OF REVISED TRACT 02, CONTAINING 62.271 ACRES, AS SHOWN UPON REVISED
SUBDIVISION PLAT FOR TRACTS 42 AND #3, SUNSET POINTE AT HIGH ROCK LAKE, SAID REVISED
PLAT RECORDED IN MAP BOOK 9995, AT PAGE 6479, ROWAN COUNTY RFGISTRY.
SAVE AND EXCEPT CQNVEYANCES RECORDED IN. BOOK 1137, PAGE 959 (LOT 1138);B60k 1154, PACE
267 (LOT 116) AND ANY OTHER CONVEYANCES RECORDED PRIOR TO SALE.
ssments, easements ri
This property sold subject to all applicable Wes, ass,, ea en gh I is
ofway, restrictions of record, liens or other prior encumbrances, if any.
The Substitute Trustee makes no representation or warranty as to the type or existence of a structure situated on the property conveyed
hereby or whether or sot said structure has been affixed in any way. Likewise, Substitute Trustee makes no warranties or representations of
any kind as to whether title to the Tnob;kleAnanufatttred-liofne(i) on the property conveyed hereby, if any, has been properly callociledor
whether there am anyoumanding liens thereon,
Natric and Address of Parq6tr/Grantco;
Bank ofNorth Carolina
833 Julian Avenue
Thomasville, North Carolina 27360
To have and to hold said land and I premises and all privileges and appurtenances thereto belonging unto the said Bank of North
Carolina, their heir's and assigns forever, in as 611 and ample manner as the said Alan B, Powell, Substitute Trustee as afo.re-said, is
authorized and empowered to convey tile same.
in witness whereof, tire said Alan B, Powell, Substitute Trustee as aforesaid, has hereunto set his hand and affixed his scat, the
day and year first above written.
Substitute Trustee
Alan BPowell
Book: 1182 P*go: 203, PASo of I

(SEAL)
STATE OFNQRTIf CAROUNA, QLMEUR (701,u,CY,
I, 'Ferry A. Wood, a Notary Friblic in Davidson County and for the said State, do hereby certi-ty that Alan B. Powell, Substitute
Truster, the grantor named in the, foregoing Dead, personally appeared before me :his day and acknowledged the due execution of the
said Decid for the purposes therein expteszed.
Witness my hand nod notarial seal, this 20th day of May, 2011.
MyComntissioncxpires; 5125r.015
Ft
Q�!dNorary Public
rod
Fem� A, ood
TERRY A. WOOD
Notary pliblic
Davidson County NC
My Comm-i",or — r—�
STATE OF NORTH CAROLINA, County.
The foregoing ceftificate(s)
is (are) certified to be correct,
,2011 at,
County, N
;s the _ day of _
Fee S
,nstrument was presented for registration this day of
ANI*'RM and duly recorded in the office of the Register of Deeds ;if
�I �n Bock , Page .
A,D_ 2011.
Register- of Deeds Assistant, Deputy Register of Deeds
Ezx it v r,s,ja. 20N Poir, 2 ol 6
paid.

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f• t 63

Pat McCrory
Governor
74
NCDENR
North Carolina Department of Environment and Natural Resources
DATE -OF PERMIT
DEBORAH R. SCOTT - PRESIDENT
SUNSET POINTE ON HIGH ROCK HOA, LLC
522 SUNSET POINTE DRIVE
SALISBURY, NORTH CAROLINA 28146-5703
Subject:
Dear Ms. Scott:
In accordance with your permit renewal request, receive
additional information received October 21, 2014, we are forware
dated DATE OF PERMIT, to Sunset Pointe on High Rock HCOA ;]
subject wastewater treatment and irrigation facilities. Please note';:
effective on March 1, 2015 (i.e. the day after the expiration date
from the date of this letter.
This permit shall be effective from March I'
WQ0029635 issued December 13, 2011, and shall.be
therein. Please pay particular attention to the maitc
for they may differ fr9rtfA previous permit issu;
v;
collecting and maintaining "fhef required operatioi
problems. y <`
For your convf
reporting forms are avai
R
W
John E. Skvarla, III
Secretary
WQ0029635
tte WWTP
,Irrigation System
tgust 26, 2014, and' -subsequent
Herewith Permit No. W.,,,Q0029635
for the continued operation of the
this renewed permit shall become
h; existing permit), which differs
ntil February 29, ;2020, shall void Permit No.
t to #lie conditions and limitations as specified
quireients $listed in Attachments A, B and C
Failure toestablish an adequate system for
irmatio shall result in future compliance
electronic 'copies of your facility's NDMR and NDAR-1
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
right to request aia.adjudicatory hearing upon written request within 30 days following receipt of
mit. This request shall be m the form of a written petition, conforming to Chapter 150B of the
:arolina General `Statutes, and filed with the Office of Administrative Hearings at 6714 Mail
Center, Raleigh, IBC 27699-67°14. Unless such demands are made, this permit shall be final and
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone] Internet: hftp://portal.ncdenr.org/web/wg
An Equal Opportunity1 Affirmative Action Employer— Made in part with recycled paper

Ms. Deborah R. Scott
DATE OF PERMIT
Page 2 of 2
If you need additional information concerning this permit, please contact Nathaniel Thornburg at
[phone] or [e-mail].
Sincerely,
DRAFT
Thomas A. Reeder,, Director
Division of Watef"Resource�
cc: Rowan County Health Department (Electronic Copy) /{
Mooresville Regional Office, Water Quality Regional Operations Section<(Electronic Copy)
Central Files` t F.
Digital Permit Archive (Electronic Copy)

I.
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER IRRIGATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143,1
amended, and other applicable Laws, Rules
continued operation
consisting of:
a 1,500 gallon baffled septic tank at each re
condominiums); an influent flow meter; three
serving; 16 Advantex AX J 00 ,:textile filters;
with 298.4 gallon per minute (GFM) pumps;
(ft) synthetically line& et weather storage po
and all associated,valves, piping, controls and
of North Carolina a
L
and irrigation facility
aur; bedroom homes and 100 two bedroom
9..
�o�ces four 20,000 gallon recirculation tanks
I) disinfection; an 89,000 gallon pump tank
uxiliarypower source; a 591,256 cubic foot
of drip irrigation area consisting of 14�fields,
io discharge'Yof wastes to surface waters, pursuant to the
bsequent additional information received by the Division of
;Iie project plans, specifications, and other supporting data
Department of Environment and Natural Resources and
until February 29, 2020, shall void Permit No.
subject to the following specified conditions .and
C
1. Based on the current configuration of the effluent flow meter and the low average daily flows (ADF),
the Permitee may conduct a monthly estimate of their effluent flow �_alues—These values shall be
rreported on their Non -Discharge Monitoring Report (NDMR) as required in Condition IV.7. Upon
eaching a monthly of 8,000 gallons per day (GPD) and prior to exceeding an ADF of 9,000
GPD, the Permiee shall submit a permit modification to the Division for the construction and
operation of a continuous monitoring and recording_efflu at flow meter. This permit modification
shall include plans and specifications for the proposed effluent flow meter, and be signed, sealed and
dated by a licensed North Carolina Professional . Engineer. This permit modification shall be
submitted to the Division of Water Resources, Water Quality Permitting Section, 1636 Mail Service
Center, Raleigh, NC 27699-1636.
WQ0029635 Version 2.0 Shell Version 140707 Page 1 of 8

2. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal
application. In accordance with Rule 15A NCAC 02T .0115, the Permittee shall submit a copy of the
declarations and bylaws documenting compliance with the attached Operational Agreement.
H. PERFORMANCE STANDARDS
The subject non -discharge facilities shall be effectively maintained and operated''at all times so there
is no discharge to surface waters, nor any contravention of groundwateror surface water standards.
In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions
due to improper operation and maintenance, or failure of the irrigation areas to.. adequately assimilate
the effluent, the Permittee shall take immediate corrective actions including Divis.,gn required actions,
such as the construction of additional or replacement waste4 treatment or irrigation facilities.
2. This permit shall not relieve the Permittee of
surface water resulting from the operation of this
3. All wells constructed for purposes of groundwater monib
15A NCAC 02C .0108 (Standards of Construction for W
jurisdictional laws and regulations pertaining to well con.,
�►` 4. Effluent quality shall not exceed the limiU
5. Application rates, whether hydraulic, nutr
Attachment B.
6. The Operational A Bement' attached) be
Commission is ucorporated :herein by
VJ
Noncompliance with the terms of the Operati
sanctions provi el 1by, North Carolina General S
or failure to act in accordance wifli the terms and
The compliance bout
02L .0107(b). This
therefore, the compli
50 feet >within the
North
9. In accordance
compliance be
review
not
to 15
ility for damages
or
structed in accordance with
ater Supply), and any other
in Attachment A. �Q,
ol.lutant, shall not`'exceed those specified in
Permittee acid the Environmental Management
and shall be a condition of this permit.
Agreement shall subject the Permittee to all
s,,§143-215.6A to §143-215.6C for violation of
(itions of this permit.
or moisture sensor, which shall indicate when
dth Conditions E11.4. and III.5. of this permit.
for thewdisposal system shall be specified in accordance with 15A NCAC
)sal systW was individually permitted on or after December 30, 1983;
i.oundary';is established at either 250 feet from the effluent disposal area, or
dy boundary whichever is closest to the effluent disposal area. An
r standards at or beyond the compliance boundary is subject to remediation
ICAC 02L .0106(d)(2) as well as enforcement actions iiiaccordance with
itute 143-215.6A through 143-215.6C.
tilt 15A NCAC 02L .0108, the review boundary is established midway between the
3ary and the effluent disposal area. Any exceedance of groundwater standards at the
shall require action in accordance with 15A NCAC 02L .0106.
The Permittee shall apply for a permit modification to establish a new compliance
any sale or transfer of property affecting a compliance boundary.
to
In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring
wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L
.0107(g).
WQ0029635 Version 2.0 Shell Version 140707 Page 2 of 8

12. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is
not the Permittee and owns land within the compliance boundary shall execute and file with the
Rowan County Register of Deeds an easement running with the land containing the following items:
a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1);
b. Prohibits construction and operation of water supply wells within the compliance boundary; and
c. Reserves the right of the Permittee or the State to enter the property within the compliance
boundary for purposes related to the permit.
The Director may terminate the easement when its purpose has been fulfilled: or is no longer needed.
13. The facilities permitted herein shall be constructed according to the following setbacks:
r�
a. The setbacks for irrigation sites permitted under 15A NCAC 02 W"020;0 ,shall be as follows (all
distances in feet):
i.
Any habitable residence or place of public assemblykiiider separate ownership: 100
ii.
Surface waters: f'
50
iii.
Any well with exception of monitoring wells!"",90
iv.
Any property line:
F50
.�
V.
Public right of way:
50
b. The setbacks for storage and treatment units permitted undergl>5A NCAC 02H .0200 shall be as
follows
m
(all distances in feet): y
i.
Any well with exception of monrtormg vyells , M,>
100
ii.
Any property line: "
50
M. OPERATION AND MAINTNANCE RE
1. The facilities shall be properlymaintained and operated at all times. The facilities shall be effectively
maintained and operated as a lion -discharge systemm to prevent the discharge of any wastewater
resulting from the' operation of this facility. ThePermittee shall maintain an Operation and
Maintenance Plan pursuant to `el`- SANCAC 02T 0507, which at a minimum shall include operational
funct�ox[s, maintenance se�dules, safetye`as'��es and a spill response plan.
2 /upon the Watex bIlution Ca"' -1. , 1 System Operators Certification Commission's (WPCSOCC)
iclassification of the'subject non=discharge facilities, in accordance with 15A NCAC 08G .0200 the
Permittee shall designate ;and emplayfa certified operator in responsible charge (ORC) and one or
moFe „certified operatoois)Tas back-up ORC(s). The ORC or their back-up shall visit the facilities in
accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the
previously.cited rules 'r
3. A suitablefyear roundegetative cover shall be maintained at all times, such that crop health is
optimized, allows for even distribution of effluent and allows inspection of the irrigation system. The
%large scale harvest g of trees located within the sites listed in Attachment B is discouraged. Any
cutting of trees=%shall be done in a manner to minimize damage to drip irrigation lines. Irrigation on
the sites listed in Attachment B is prohibited during harvesting operations. Upon completion of
harvesting, the Permittee shall inspect all drip irrigation lines and shall make the necessary repairs
prior to resuming wastewater irrigation.
4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites
listed in Attachment B.
5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause ponding or runoff.
WQ0029635 Version 2.0 Shell Version 140707 Page 3 of 8

I►A
6. All irrigation equipment shall be tested and calibrated at least once per permit cycle. Calibration
records shall be maintained at the facility for a period of no less than five years, and shall be made
available to the Division upon request.
7. Only effluent from the Sunset Pointe WWTP shall be irrigated on the sites listed in Attachment B.
8. No automobiles or machinery shall be allowed on the irrigation sites except during equipment
installation or while maintenance is being performed.
9. Public access to the irrigation sites and wastewater treatment facilities shall
10. The residuals generated from the wastewater treatment facilities
accordance with 15A NCAC 02T .1100. The Permittee shall mai
pursuant to 15A NCAC 02T .0508.
11. Diversion or bypassing of untreated or partially treated wastewater from
prohibited. 2 ",
Freeboard in the wet weather storage pond shall not
ibited.
3ed or utilized in
management plan
than two feet at any time.
facilities is
A gauge to monitor waste levels in the wet weather storage pond shall be provided. This gauge shall
have readily visible permanent markings, at inch or terifh of, a foot -,increments, indicating the
following elevations: maximum liquid level at the top of the temporary liquid storage volume;
minimum liquid level at the bottom of ,the temporary liquid storage,;volume; and the lowest point on
top of the dam. ' :,1r
A protective vegetative cover shall be eA
outside toe of embankment to maximum
embankment), berms, pipe runs, erosion c
and other woody vegetation shall not be
Earthen embankmet 46essy"`sh411 be kept m
IC
and ..maintained on all earthen embankments (i.e.,
teri%parary storage elevation on the inside of the
ea§'� and surface water diversions. Trees, shrubs,
to grow onsuthe `earthen dikes or embankments.
otherwise controlled and accessible.
1. Any Division required (including groundwater, plant tissue, soil and surface water
analyses)"!"necessary to ensure roundwafer Inrface water protection shall be established, and an
aece�table'sampl�ng reporting schedule shall be followed.
2 Per 15A NCAC 02H '0800Div , a ision certified laboratory shall conduct all laboratory analyses for
f x
,3 e required effluent, groundwater o, surface water parameters.
3. 1716W through the treatment facility shall be continuously monitored, and daily flow values shall be
reporte€% pn Form NDMR
The Permitfee shall stall and maintain an appropriate flow measurement device to ensure the
accurac and y'reha of flow measurement consistent with accepted engineering and scientific
practi elected flow measurement devices shall be capable of measuring flows wit`Ti a maximum
deviation of less than ten percent from true flow accurately calibrated at a minimum o once per year
and maintained to ensure the accuracy of measurements is consistent with the selected evice's
accepted capability. The Permittee shall maintain records of flow measurement device calibration on
file for a period of at least five years. At a minimum, documentation shall include:
a. Date of flow measurement device calibration,
b. Name of person performing calibration, and g /� vy'-)
c. Percent from true flow. U
WQ0029635 Version 2.0 Shell Version 140707 Page 4 of 8

4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for
the parameters specified in Attachment A.
5. The Permittee shall maintain adequate records tracking the amo�of efflne_ nt irri ag ted. At a
minimum, these records shall include the following information for each irrigation site listed in
Attachment B:
a. Date of irrigation;
b. Volume of effluent irrigated;
c. Site irrigated;
d. Length of time site is irrigated;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadmg`s;,
f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B; ' f
• Weather conditionsand
g• �
h. Maintenance of cover crops.
6. Fre_eboaxdd (i.e., waste level to the lowest embankment elevation) in the wet weather storage pond
shall be measured to the nearest inch or tenth of afoot, and recorded weekly. Weekly freeboard
records shall be maintained at the facility for a per`i-' of no less than five years, and shall be:made
x63
available to the Division upon request. "`€ l
7. Three copies of all monitoring data (as specified in Condition
each PPI and three copies of all operation and disposal records
IV.6.) on Form NDAR-1 for every sitelm;Attachment B shall be
the following month. If no activities oceuried (during the mon
still required documenting the absence o£ the aet�rc, All is
r
following address: f
Division of Watd ResoureE
AllOr
xx % Informatit4 Processing Un
.3. and IVA.) on Form NDMR for
,specified in Conditions IV.5. and
butted on or before the last day of
-ingimonth,, monitoring reports are
rmation shall be submitted to the
1617 Mail service Center
iah, North Carolina 27699-1617
8. A record shall be r amtained of all residuals rernaved from this facility. This record shall be
maintained at the facility forafjiertod of no less than five years, and shall be made available to the
Division uponyequest AtAninim, ;,L s reeo� >shall include:
w %Name of the residuals haulei,,
Non -Discharge permit numbet authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals,
Date the residuals were hauled; and
d < Volume of residuals removed.1�9'
9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for
a period of no less thank ve years, and shall be made available to the Division upon request. At a
minimum, thsIlog shdtt include:
l sr:: •. fgb{..
a. Date of calif zittion of flow measurement device,
b. Visual observations of the plant and plant site; and
c. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing,
inspections and cleanings, etc.).
10. Monitoring wells shall be sent
C. All mapping, well construction forms, well abandonment forms and monitoring data shall refer to
the permit number and the well nomenclature as provided in Attachment C and Figure 1.
WQ0029635 Version 2.0 Shell Version 140707 Page 5 of 8

11. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-
59) shall include this permit number, the appropriate well identification number, and one GW-59a
certification form shall be submitted with each set of sampling results. All information shall be
submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617 ,�%'4Y,,
12. An annual representative soils analysis (i.e., Standard Soil Fertility Arial�sis) shall be conducted on
each irrigation site listed in Attachment B. These results shall be,"' allntained at the facility for a
period of no less than five years, and shall be made available,to fhe Dtvszon upon request. At a
minimum, the Standard Soil Fertility Analysis shall include the fing parameters:
Acidity
Exchangeable Sodium"Perceri"tage
Phosphorus
Base Saturation (by calculation)
Magrtesum
Potassium
Calcium
Mangaese ,,
Sodium
Cation Exchange Capacity
Percent Humic Mat�.er V
Zinc'`Y
Copper
pH
13. Noncompliance Notification:
The Permittee shall report by telephone to
663-1699, as soon as possible, but in no
following the occurrence or._first knowledge
a. Any occurren
abnormal }u...q
b. Any process
rendering the
c ,Any facxltty fi
ci Any tim"
limitations.
f;.
e Ponding in or
Any erriergency n
a storageNtructun
Response person:
Persons reportRflg
five days followtl
proposed to be tail
e fac ,y resulting in 1
or characteristic, inclu
lure (eg:, mechanical,
in a
anal Oe, telephone number (704)
hours; officr on the next working day
My of the following:
treatment of'significant amounts of wastes that is
;,,the known passage of a hazardous substance.
etc.), due to known or unknown reasons,
treatment.
to receiving surface waters.
the facility has gone out of compliance with its permit
the irrigation sites.
uirm $ & immediate reporting (e.g., discharges to surface waters, imminent failure of
etc) outside normal business hours shall be reported to the Division's Emergency
J at6lephone number [phone], [phone], or [phone].
uch;occurrences by telephone shall also file a written report in letter form within
r1411
st knowledge of the occurrence. This report shall outline the actions taken or
n to ensure the problem does not recur.
WQ0029635 Version 2.0 Shell Version 140707 Page 6 of 8

V.
INSPECTIONS
CI
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
wastewater treatment and irrigation facilities.
2. The Permittee or their designee shall inspect the wastewater treatment and irrigation facilities to
prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may
cause the release of wastes to the environment, a threat to human health or a public nuisance. The
Permittee shall maintain an inspection log that includes, at a minimum, the date and time of
inspection, observations made, and any maintenance, repairs, or corrective actions taken. The
Permittee shall maintain this inspection log for a period of five years from the date of the inspection,
and this log shall be made available to the Division upon request. f
3. Any duly authorized Division representative may, upon presentation of crip entials, enter and inspect
any property, premises or place on or related to the wastewater' 'treatmer and irrigation facilities
permitted herein at any reasonable time for the purpose of determining compliatce with this permit;
may inspect or copy any records required to be maintained under `the terms and :conditions of this
permit, and may collect groundwater, surface water or le/a ate samples.
GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations c
an enforcement action by the Division in accordance
215.6A to 143-215.6C.
2. This permit shall become voidable if th4E
the conditions of this permit, the Divisions
documentation.
3. This permit is effectiv only with respect to
application, Division appray."ed plans and s
variances to applicable rules governing the
granted, unless specifically requested and
.0105(n). 4
4. The .issuaneef_this permit', does not
(e.g., local, state; artcixederal) r Of
in 15A NCAC 02B 020.Q; erosion
and.. under General Permt:.NCG01
02110200 and 02H .0500, and doc
the General Statutes.
dri may subject the Permittee to
Carolina General Statutes 143-
ities are not construdied in accordance with
vw °
Lns_. and specifications, and other supporting
and voluncie of wastes described in the permit
is, and other supporting documentation. No
>n or operation of the permitted facilities are
in, this permit pursuant to 15A NCAC 02T
�m pt eijj ermittee from complying with any and all statutes,
may be imposed by other jurisdictional government agencies
cular concern to the Division are applicable river buffer rules
sedimentation control requirements in 15A NCAC Chapter 4
any requirements pertaining to wetlands under 15A NCAC
itation of compliance with Article 21 Part 6 of Chapter 143 of
5. In the eV Me permitted' facilities change ownership or the Permittee changes their name, a formal
permit modifcati.9n request shall be submitted to the Division. This request shall be made on official
Division forms ai?;dshall include appropriate property ownership documentation and other supporting
documentation a.5 necessary. The Permittee of record shall remain fully responsible for maintaining
and operating the facilities permitted herein until a permit is issued to the new owner.
6. The Permittee shall retain a set of Division approved plans and specifications for the life of the
facilities permitted herein.
7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority pursuant to 15A NCAC
02T .01050).
WQ0029635 Version 2.0 Shell Version 140707 Page 7 of 8

8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T .0110.
9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein
shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b).
10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to
pay the annual fee accordingly shall be cause for the Division to revoke this permit pursuant to 15A
NCAC 02T .0105(e)(3).
Permit issued this the ##. day of M!iONTH YEAR
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
DRAFT
Thomas A. Reeder, Director
Division of Water Resources
By Authority of the Environmental
Permit Number WQ0029635
WQ0029635 Version 2.0 Shell Version 140707 Page 8 of 8

ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS Permit Number: WQ0029635 Version: 2.0
PPI 001— WWTP Effluent
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS "<;
MONITORING REQUIREMENTS
PCs
Parameter Description
Units of
Monthly
Monthly
Mean
a' ��
Daily,Mmimum
'`
Da�ly_Maximum
Measurement
Frequency
Sample
Type
YP
Code
Measure
Average
Geometric
3.
9 Y
00310
BOD, 5-Day (20 °C)
mg/L
Monthly
Grab
00940
Chloride (as Cl)
mg/L
h
3 x Year
Grab
31616
o
Coliform, Fecal MF,-M-FC Broth, 44.5 C
#/100_mL
r`
Month
`��s Y
Grab
50050
Flow, in Conduit or thru Treatment Plant
GPD
75,000
�I
*3vionthly /Continuous
Estimate / Recorder
00610
Nitrogen, Ammonia Total (as N) � YI
mg/L
Monthly
Grab
00625
Nitrogen, Kjeldahl, Total (as N)
mg/L
Monthly
Grab
00620
Nitrogen, Nitrate Total (as N)
mg/L
5
Monthly
Grab
00400
pH ok
su
s a
Weekly / 5 x Week
Grab
00665
Phosphorus, Total (as P)
mg/L
.4
Monthly
Grab
70300
Solids, Total Dissolved —180 °C
mglI;, �
� .
l
3 x Year
Grab
00530
Solids, Total Suspended
mg/L
Monthly
Grab
1. 3 x Year sampling shall be conducted every March 7u1 an .November ,
2. Monthly average for Fecal Coliform shall be a geometric`mem t '
3. While the monthly average daily flow (ADF) is less than 10 000 gallons per dON(GPD) the Perm '.,,.& shall sample flow (50050) monthly, and pH (00400) on a weekly.
4. When the monthly ADF exceeds 10,000 GPD the Permittee shall sample flaw;{50050 on a continuously, and pH (00400) five times per week.
:>....
WQ0029635 Version 2.0 Attachment A Page 1 of 1

THIS PAGE BLAND

ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LLVUTATIONS Permit Number: WQ0029635 Version: 2.0
Sunset Pointe on High Rock HOA, LLC - Sunset Pointe WWTP
IRRIGATION AREA INFORMATION
APPLICATION LIMITATIONS
Field
Owner
Count y
Latitude
Longitude
g
Net
Acreage
Dominant
Soil Series.
��
Parameter
Hourly
Rate
Yearly
Max
Units
1
Sunset Pointe on High Rock HOA, LLC
Rowan
35.674428'
-80.353609'
2.5
Mecklenburg
01284 N n f 1jarge Application Rate
0.3
40.27
inches
2
Sunset Pointe on High Rock HOA, LLC
Rowan
35.674421'
-80.354332'
2.5
Mecklenburg\
01284 -Non-Disbha g" Oplication Rate
0.3
40.27
inches
3
Sunset Pointe on High Rock HOA, LLC
Rowan
35.674434'
-80.355083'
2.5
M cklenburg
01284 - Non-Discharge'Application Rate
0.3
40.27
inches
4'
Sunset Pointe on High Rock HOA, LLC
Rowan
35.675558'
-80.355300'
2.6
Mecklenburg
01284 -Non-Discharge Application Rate
0.3
40.27
inches
5'
Sunset Pointe on High Rock HOA, LLC
Rowan
35.674567'
-80.355797'
2.5
Mecl %ibu`g
012$4 - Non -Discharge Application Rate
0.3
40.27
inches
6'
Sunset Pointe on High Rock HOA, LLC
Rowan
35.676232'
-80.355560'
2.4
MecklenNzg"
,01284 -Non-Discharge Application Rate
0.3
40.27
inches
7'
Sunset Pointe on High Rock HOA, LLC
Rowan
35.676249'
-80.35699$°
,::, 2.4
Mecklenburg
01284 -Non-Discharge Application Rate
0.3
40.27
inches
8'
Sunset Pointe on High Rock HOA, LLC
Rowan
35.675637°
-80.357269°G
25 *,
Mecklenburg
01284 Non Discharge Application Rate
0.3
40.27
inches
9'
Sunset Pointe on High Rock HOA, LLC
Rowan
35.674862'
-80.357228'
2 5
McClfilenburg
01284 Non -Discharge Application Rate
0.3
40.27
inches
10'
Sunset Pointe on High Rock HOA, LLC
Rowan
35.674390'
-80.356983°
42 5
Meciclenlit rg
OI284- Non -Discharge Application Rate
0.3
40.27
inches
11
Sunset Pointe on High Rock HOA, LLC
Rowan
35.67 3073b
� 80.355063°
2 5
`Mecklenburg:
01284 -Non-Discharge Application Rate
0.3
40.27
inches
12
Sunset Pointe on High Rock HOA, LLC
Rowan =
35.673060°,
M89:354337°
'8�0
2.5 z;> `
Mecklenburg
01284 - Non -Discharge Application Rate
0.3
40.27
inches
13
Sunset Pointe on High Rock HOA, LLC
>Zowan
35 672005°
80 353711°
2.7
%Mec,.klenburg
01284 -Non-Discharge Application Rate
0.3
40.27
inches
14
Sunset Pointe on High Rock HOA, LLC
Rowan
1 °
2.1
Mecklenburg
01284 -Non-Discharge Application Rate
0.3
40.27
inches
�t$fl-354785°
Totals
<.
34r7
Please note that all of Fiel
allow the use of this land 1
5, 6 and 10 are located on land (Parcel #606 070) not owned by the Permittee. However, an easement has been granted to
This ..easement.' recorded in the Rowan County Register of Deeds in Book 9995 Page 6479.
WQ0029635 Version 2.0 Attachment B Page 1 of 1

THIS PAGE BLANK

ATTACHMENT C — GROUNDWATER MONITORING AND LIMITATIONS Permit Number: WQ0029635 Version: 2.0
Monitoring wells: MW-1, MW-2 and MW-3
GROUNDWATER CHARACTERISTICS
GROUNDWATER STANDARDS
ITORING REQUIREMENTS
PCS Code
Parameter Description
Daily Maximum
Frequen% ement
Sample Type
Footnotes
00940
Chloride (as Cl)
250
mg/L
xY 46' 'qt'
Grab
1,5
a
31616
Coliform, Fecal MF, M-FC Broth, 44.5 'C
#/100 ML
x Year
Grab
1,5
00610
Nitrogen, Ammonia Total (as N)
1.5
mg/L
x 3 Year
Grab
1,5
00620
Nitrogen, Nitrate Total (as N)
10
mg/L
in
3 x Year
WgGrab
1,5
00400
pH
6.5-8.5
Year
1,2,5
70300
Solids, Total Dissolved - 180 'C
500
mg/L
x Ye ar
RGrab
1,5
A
82546
Water level, distance from measuring point
ft
.1 A x Year
Calculated
1,2,3,5
ME
1.
2.
3.
4.
5.
3 x Year monitoring shall be conducted in March, July & November; Annual monii g sh
The measurement of water levels shall be made prior to purging the wells. The depftlo-w�
of pH shall be made after purging and prior to sampling for the remaining parameters
A
T�'
The measuring points (top of well casing) of all monitoring wells shall be surveyed to g%
of casing) of all monitoring wells shall be surveyed relative to a common datum.
Monitoring wells shall be reported consistent with the no e location informati(
Please note that monitoring wells MW-1 and MW- 636cate 0 1 cel #606 070)
the subject wastewater irrigation system. This eas cor e t — in County F
be conducted every Ntr 'er.
- u,cach well shall be mei frctti3the surveyed point on the top of the casing. The measurement
WIN
the r4l#
n of the measuring point for each monitoring well. The measuring points (top
inFigure .tg, d this attachment.
by the Permittee. However, an easement has been granted to allow the use of this land for
)eeds in Book 9995 Page 6479.
WQ0029635 Version 2.0 Attachment C Page 1 of 1