SW8021026_HISTORICAL FILE_20080507

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT N0.
SW
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD
SECTION SWP DATE/TIME
NAME A �l �TCNE REPRESENTINGf
39 7-1 zl-c
Guidelines for Access: The staff of the Regional Office is dedicated to making public records in
our custody readily available to the public for review and copying. We also have the responsibility
to the public to safeguard these records and to cant' out our day-to-day program obligations.
Please read carefully the following before signing the form.
1. Due to the large public demand for file access, we request that you call at least a day in
advance to schedule an appointment for file review so you can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45
p.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2. You must specify files you want to review by facility name or incident number, as
appropriate. The number of files that you may review at one appointment will be limited to
five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
There is no char a for 25 or less copies.' cost per copy after the initial 25 is 2.5 per copy.
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases, large totes, etc. are permitted in the file review area. To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to
reviewing files.
FACILITY NAME 45ev j} alp PK. COUNTY
1. '5NoW 5 CrJ7' Za -2d"a X.
2.
u
3.
4.
Ail +
SignaturelName'of Firm or Business Date Time In. Time Out
(Please attach business caul to form if available)
# Copes: - - V Amt. Pd: " '�_

Aug-14-2008 10:57 AM PROGRESS ENERGY TPP15 [phone]
1/1
L iADA k-u--WIS
" .. coo L• FR I C4OD
j ja �Z-l� . SDII Og C.k 7 WAD c d &
S` RMWAzeM1 P P-CrS z-Uf W S W S 02 [ 0 2 (0
Y k �J�UM-?
-RI lkLk6
S omc 61 s
Oar
i
s
Z?o AM)(-rtati&4- (f4T�fMQ7w)J R,n TOK PZbQuk-:S
�c Sst W (-rf� 'Ns (b Pr 8DAA/ k AmR RDu L-�-reAJ(o
M ,Aa 0 t 7 io,�lkc.._- A01470 t-o Rt:�Sp dr,.O -o
kk�C7 C SL-�7W AIR. 16, 2
�
Ali pg+y
O H9 --5 4�-
� viola=

o�O� wArE�0
July 16, 2008
Kenneth Coffer, Managing Member
SECOF. LLC
1202 North Lake Park Blvd. Suite A
Carolina Beach, NC 28428
Subject: Request for Additional Information
Stormwater Project No. SW8 021026
Snows Cut Landing
New Hanover County
Dear Mr. Coffer:
Michael F. Easley, Governor
William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
The Wilmington Regional Office received a request to transfer the ownership of the State Stormwater
Management Permit for Snows Cut Landing on July 11, 2008, A preliminary review of that information
has determined that the application is not complete. The following information is needed in order to
proceed with the permit transfer:
The normal course of action is to submit a copy of the recorded deed restrictions with the permit
transfer document. However, the file already contains a copy of the recorded deed restrictions.
Per the required items listed on page 2 of the Name/Ownership Change form, please have Mr.
Prichard sign an Operation and Maintenance plan for the continued operation and maintenance of
the permitted wet detention pond, i have included the O&M document along with his copy of this
letter.
3. Please describe Mr. Prichard's relationship to you, either through business or family. Only
someone who lives in the subdivision and who is not affiliated with the developer in any way can
be the president or vice president of the HOA and sign the permit transfer form.
Please note that this request for additional information is in response to a preliminary review of the
permit transfer request documents. The requested information should be received in this Office prior to
August 16, 2008, or the application will be returned as incomplete.
If you need additional time to submit the information, please mail, email or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request must
indicate the date by which you expect to submit the required information.
Please reference the State assigned project number on all correspondence. Any original documents
that need to be revised have been attached. All original documents must be revised and returned or
new originals must be provided. Copies are not acceptable. If you have any questions concerning this
matter please feel free to call me at [phone] or email me at [e-mail].
Sincerely,
AC, . �P, 0&XAg-Y
Linda Lewis
Environmental Engineer III
ENBlarl: S:IWQSISTORMWATERIADDINFO120081021026.ju108
CC. John Prichard, Snows Cut Landing HOA
Linda Lewis
One
Northcarolina
Al alrmmlly
North Carolina Division of WaterQuality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet; www,ncwaterqualnv.urk Fax [phone]
An Equal OpportunitylAfrmative Action Employer— 50% Recyciedl10% Post Consumer Paper

O�0F W A TF-? Michael P. Easley, Governor
William G. floss Jr., Secretary
North Carolina department of Environment and Natural Resources
Alan W, Klimek, P.L. Director
Division of Water Quality
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: IsVila 0 Z 026
2.. Permit Holder's name: -YL ODN S5COF C.LG
3. Signing official's name: tu=Nr4uAk W--6S:n Title: _Nl�*�nG��i�= M��►n��(C.
(person legally responsible for permit) Sinn=
4. Mailing address: _t202 1J01 iA 1,AV-E Q*IC BclAWVMz A City: 'C Mat-OA, lec-A !
State: f C ZipCode: 2$ 20 Phone: � Io-45g-JVWS' FAX:
(Area Code and Number) (Area Code and Number)
II. NEW OWNER 1 PROJECT 1 ADDRESS INFORMATION
1. This request is for: (please check all that apply)
✓ a. Change in ownership of the prope rtylcompany (Please complete Items #2,
#3, and #4 below)
b. Name change of project (Please complete Item #5 below)
c. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit: LA�4b%06 �oAt
3. New owner's signing official's name and title: J 0Ww �R Ic A wo
V I Gl' Q — 1Jw a %R i ZTaILS'
(Title)
4. New Mailing Address: Ra P,-_Y_ City:
�QCA�%-XtJlk F31±NC�
S� State: NY- ZipCode: VgZo Phone: 9IQ��-$jFAX:
(Area Code and Number) (Area Code and Number)
5. New Project Name to be placed on permit: .
g2E0E1VF:D Page 1 of 2
JUL 1 1 2006
BY:
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone]
Wilmington Regional Office Internet: www ncwalcrquality.org Fax [phone]
One
Nor hCarolina
Natura!!y
Customer Service
1-877-623-6748
An Equal OpportunitylAffinnative Action Employer - 50% Recycled110% Post Consumer Paper

` PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER
QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED
WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The designer's certification, if required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance will
change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT
HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S
CERTIFICATION.
Current Pe itte 's Certif' ation:
I, , attest that this application for a name/ownership
change has been reviewed and is accurate and complete to the best of my knowledge.
understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be
returned as inc ompl e. 4 / -
Signature: __y Date.
New Applicant's Certification: (Must be completed for all transfers of ownership)
I, i_ . ? Z 1.cVA4-() , attest that this application for an ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attachmen s are not included, this application package will be
returned as in omplet.
Signature: Date: 7(Cq$
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTN: Rhonda Hall
Page 2 of 2

State Stormwater Management Systems
Permit No. SW8 021026
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
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
Ken Coffer, SECOF, LLC
Snow 's Cut Landing Subdivision
New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules") and the
approved stormwater management plans and specifications and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this
permit.
This permit shall be effective from the date of issuance until March 7, 2013 and shall be subject
to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as
described on page 3 of this permit, the Project Data Sheet. The subdivision is permitted
for 54 lots, each allowed a maximum of 3,600 ftz square feet of built -upon area.
3. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
4. All stormwater collection and treatment systems must be located in either dedicated
common areas or recorded easements. The final plats for the project will be recorded
showing all such required easements, in accordance with the approved plans.
2

v
State Stormwater Management Systems
Permit No. SW8 021026
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name:
Snow's Cut Landing Subdivision
Permit Number:
SW8 021026
Location:
New Hanover County
Applicant:
Mr. Ken Coffer, Managing Member
Mailing Address:
SECOF, LLC
1202 North Lake Park Boulevard
Carolina Beach, NC 28428
Application Date:
March 7, 2003
Basin / Receiving Stream:
Cape Fear / Tel fairs Creek
Index Number:
CPF24 18-87-31.5-1
Classification of Water Body:
"SC Sw"
Design Storm:
1.0"
Drainage Area, acres:
16
Onsite:
16
Offsite:
0
Total Impervious Surfaces, ft2:
279,090
Lots at 3,600 ft2:
194,400
Roads/Parking, ft2
80,840
Other, ft2
0
Offsite, ft2:
0
Pond Depth, feet:
7.5
Permanent Pool Elevation, FMSL:
6.00
Permitted Surface Area, ft2:
59.504
Permitted Storage Volume, ft3:
36,360
Temporary Storage Elevation, FMSL:
6.60
Controlling Orifice:
3"cp pipe
3

State Stormwater Management Systems
Permit No. SW8 021026
11. SCHEDULE OF COMPLIANCE
No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such
as swales) shown on the approved plans as part of the stormwater management system
without submitting a revision to the permit and receiving approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for the entire
lot, including driveways and sidewalks, does not exceed the allowable built -upon area.
Once the lot transfer is complete, the built -upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon area
limit is transferred to the individual property owner.
3. If an Architectural Review Committee (ARC) is required to review plans for compliance
with the BUA limit, the plans reviewed must include all proposed built -upon area. Any
approvals given by the ARC do not relieve the homeowner of the responsibility to
maintain compliance with the penmitted BUA limit.
4. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those listed below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of the project area. The project area is
defined as all property owned by the permittee, for which Sedimentation and
Erosion Control Plan approval was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved
plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The Director may notify the permittee when the permitted site does not meet one or more
of the minimum requirements of the permit. Within the time frame specified in the notice,
the permittee shall submit a written time schedule to the Director for modifying the site to
meet minimum requirements. The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
7. The stormwater management system shall be constructed in it's entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
8. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, a certification must be received from an
appropriate designer for the system installed certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting documentation. Any deviations from the approved plans and specifications
must be noted on the Certification.
10. if the stormwater system was used as an Erosion Control device, it must be restored to
design condition prior to operation as a stormwater treatment device, and prior to
occupancy of the facility.
S

State Stormwater Management Systems
Permit No. SW8 021026
11. Decorative spray fountains will not be allowed in the stormwater treatment system
12. Permanent seeding requirements for the stormwater control must follow the guidelines
established in the North Carolina Erosion and Sediment Control Planning and Design
Manual.
13. The permittee shall at all times provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function at optimum efficiency.
The approved Operation and Maintenance Plan must be followed in its entirety and
maintenance must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and piping.
g. Access to all components of the system must be available at all times.
14. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DWQ. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
15, Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon
area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. The
recorded statements must follow the form:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Pen -nit Number SW8 021026, as issued by the Division
of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water
Quality.
C. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
The maximum built -upon area per lot is 3,600 ftz square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not
include raised, open wood decking, or the water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales and
directing them into the pond or street. Lots that naturally drain into the system are
not required to provide these measures.

State Stormwater Management Systems
Permit No. SW8 021026
16. Prior to transfer of the permit, the stormwater facilities must be inspected by DWQ
personnel, and determined to be in compliance with all permit conditions. Any items not
in compliance must be repaired or replaced to design condition prior to the transfer.
Records of maintenance activities performed to date will be required.
17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days
of the date of recording the plat, and prior to selling lots. The recorded copy must bear the
signature of the Permittee, the deed book number and page, and stamp/signature of the
Register of Deeds.
18. This permit shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other supporting
data.
19. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick,
stone, slate, coquina and parking areas, but does not include raised, open wood decking,
or the water surface of swimming pools.
111. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director. In the
event there is a desire for the facilities to change ownership, or there is a name change of
the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of
Water Quality accompanied by appropriate documentation from the parties involved,
including as may be required, but not limited to, a deed of trust, recorded deed
restrictions, Designer's Certification and a signed Operation and Maintenance plan. The
project must be in good standing with DWQ. The approval of this request will be
considered on its merits and may or may not be approved.
2. The permittee is responsible for compliance with the terms and conditions of this permit
until such time as the State approves the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including those
as may be required by this Division, such as the construction of additional or replacement
stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and reissuance or termination does not
stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the purposes
of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by the
Permittee for a minimum of ten years from the date of the completion of construction.
31

State Stormwater Management Systems
Permit No. SW8 021026
Permit issued this the 7th day of March, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
l Alan W.Kl'mek� Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 021026
VA

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DECLARATIONS OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF SNOWS CUT LANDING
This Declaration, made this day of 2006, by CB Snows Cut
Landing LLC, A North Carolina Limited Liability Company, hereinafter referred to as
"Declarant";
WHEREAS, Declarant is the owner of certain property in New Hanover County,
North Carolina, Which is more particularly described as follows:
SEE EXHIBIT "A" ATTACHED AND MADE A PART HEREOF
NOW, THEREFORE, Declarant hereby declares that all of the properties
described above shall be held, sold and conveyed subject to Chapter 47F of the General
Statutes of North Carolina known as the North Carolina Planned Community Act and
subject to the following easements, covenants, and conditions, which are for the purpose
of protecting the value and desirability of, and which shall run with the real property and
be binding on all parties having any right, title or interest in the described properties or
any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each
owner thereof.
Some of the following Covenants are intended to insure ongoing compliance with
North Carolina State Stormwater Management Permit Number SW8021026, as issued by
the Division of Water Quality under NCAN 214.1000, The State of North Carolina is
made a beneficiary of these covenants to the extent necessary to maintain compliance
with the stormwater management permit. The covenants are to run with the land and be
binding on all persons and parties claiming under them. The covenants pertaining to
stormwater may not be altered or rescinded without the express written consent of the
State of North Carolina Division of Water Quality. Alteration of the drainage as shown
on the approved plan may not take place without the concurrence of the Division of
Water Quality.

ARTICLE I
DEFINITIONS
As used herein, the following terms shall mean
Section 1 ASSOCIATION shall mean and refer to SNOWS CUT LANDING
HOA, INC., a North Carolina non-profit corporation, its successors and assigns, the
owners' association organized for the mutual benefit and protection of all the Properties,
within Snows Cut Landing, as expanded from time to time, herein after referred to as the
Properties. All property owners of lots in SNOWS CUT LANDING and any adjoining
areas hereinafter developed and subjected to this declaration, if any, shall be members of
the association, which membership shall be appurtenant to and may not be separated from
the ownership of each single family or multi family lot.
Section 2 ARCHITECTURAL REVIEW COMMITTEE (or Architectural
Control Committee) shall mean and refer to a committee of no less than three, and no
more than five, Lot owners elected at an annual meeting of the Association, or at a
Special Meeting duly called for that purpose. The initial committee shall be elected at a
special meeting called for that purpose after the period of Developer control has ended.
The committee shall, after the period of Declarant control, exercise the architectural
review and controls established by this Declaration, and all amendments hereto.
Section 3 OWNER shall mean and refer to the record owner(s), whether one or
more persons or entities, of fee simple title to any lot which is part of the Properties,
including contract sellers, but excluding those having such interest merely as security for
the performance of an obligation.
Section 4 PROPERTIES shall mean and refer to all of SNOWS CUT LANDING
as described above, and any additional properties that may hereafter be brought within
the jurisdiction of the Association as herein provided.
Section 5 ADDITIONAL PROPERTIES shall mean and refer to any lands
adjoining the Properties or within a one -mile radius thereof, which now are owned or
may be hereafter acquired or developed by the Declarant and annexed to and made a part
of the properties by the Declarant and subjected to this declaration. No additional
properties may be annexed without prior approval of HUDNA, if so required. The
annexation of such additional properties shall become effective by the recording in New
Hanover County by the Declarant of an amended declaration for each new section
annexed.
Section 6 COMMON AREA shall mean and refer to all real property owned by
the Association for the common use and enjoyment of the owners, specifically including
all roads, streets, drives and rights of way in Snows Cut Landing. The common area to
be owned by the Association at the time of the conveyance of the first lot shall be all the
area designated as "common area" on the plat or plats of SNOWS CUT LANDING, if
2

any, recorded or to be recorded in New Hanover County Registry. The term shall also
include any additional property or Lot later designated as Common Area by the
Declarant, as provided for herein, and any detention, and/or retention pond(s) located
within the subdivision.
Section 7 COMMON EXPENSES means expenditures made by or financial
liabilities of the Association, together with any allocations to reserves. Common
Expenses specifically include costs for maintaining and insuring any retention, and/or
detention pond(s), and all roads, streets, drives and rights of way in Snows Cut Landing
subdivision, as expanded from time to time.
Section 8 DECLARANT shall be used interchangeably with developer (which
shall include singular, plural, masculine and neuter as required by the context) and shall
mean and refer to SECOF, LLC, and its successors and assigns, if such successors and
assigns should acquire the remaining undeveloped property in Snows Cut Landing from
the Declarant for the purpose of development.
Section 9 DECLARATION shall mean this instrument as it may be from time to
time amended or supplemented.
Section 10 EXECUTIVE BOARD shall be used interchangeably with the board
of directors and means the body, regardless of name, designated in this Declaration or
otherwise to act on behalf of the association.
Section I 1 MEMBERSHIP shall mean and refer to every person or entity that has
a membership in the Association.
Section 12 SPECIAL DECLARANT RIGHTS means rights reserved for the
benefit of the Declarant including without limitation the right (i) to complete
improvements intended or planned by Developer for the property or additional
property;(ii) to exercise any development or other right reserved to the Declarant by this
Declaration of otherwise, (iii) to maintain within the Planned community sales offices,
management offices, construction offices/trailers, signs advertising the Planned
community, and models; (iv) to use the common elements for the purpose of making
improvements within the planned community;(v) to make the planned community part of
a larger planned community or group of planned communities;(vi) to make the planned
community subject to a master association; (vii) to appoint or remove any officer or
executive Board member of the Association or any other Master Association during the
Declarant control period; (viii) to maintain Architectural Control until such time as
Declarant sells or transfers all Lots in the subdivision; and (ix) to delegate any or all of
the Declarant's rights permanently or for limited time periods.
Section 13 LIMITED COMMON AREAS AND FACILTIES —Snows Cut
Landing has no Limited Common Area, but if it ever does, it will be for the use of all Lot
Owners.

Section 14 ADDITIONAL SPECIAL DECLARANT RIGHTS Declarant
reserves the right, in its sole discretion, to construct improvements, or to allow
construction of improvements, including, but not limited to a swimming pool and related
facilities, upon a portion of the Common Area. Upon completion of such improvements
Association Dues shall be recalculated to include the costs of insuring and maintaining
such improvements.
ARTICLE II
PROPERTY RIGHTS AND EASEMENT
Section I OWNERS PROPERTY RIGHTS AND EASEMENT OF
ENJOYMENT Every owner shall have and is hereby granted a right and easement of
enjoyment in and to the common areas, if any, and all roads, streets, drives and rights of
way in Snows Cut Landing, which shall be appurtenant to and shall pass with the title to
every lot, subject to the following provisions:
A. The Declarant, and after the period of Declarant control, the Association may
make and amend reasonable rules and regulations governing use of the
common elements by the owners and non -owner members;
B. The right of the Declarant, and after the period of Declarant control, the
Association to suspend the voting rights and privileges of an owner for any
period during which any assessment against his lot remains unpaid and for a
period not to exceed (60) days for any violation of its published rules and
regulations;
C. The Declarant, and after the period of Declarant control, the Association may
grant a security interest in or convey the Common areas, or dedicate or
transfer all or part of the common areas, to any public agency, authority or
utility for such purposes and subject to such conditions as may be agreed to by
at least (80%) eighty percent of the members, excluding the developer;
provided, however, that the Declarant, and after the period of Declarant
control, the Association may without the consent of the Owners grant
easements, leases, licenses and concessions through or over the common
areas. No conveyance or encumbrance of common elements shall deprive any
Lot of its rights of access or support.
D. The right of the Declarant, and after the period of Declarant control, the
Association to impose regulations for the use and enjoyment of the common
areas, if any, and improvements thereon, which regulation may further restrict
the use of the common area.
Section 2. EASEMENTS IN FAVOR OF DECLARANT AND THE
ASSOCIATION. The following easements are reserved to Declarant and the
Association, their agents, contractors, employees, successors and assigns:
A. The Declarant reserves the unto itself, its successors and assigns, a perpetual,
alienable, and releasable easement and right of way, on, over, and under the
2

ground for men and equipment to erect, maintain, inspect, repair, and use
electric and telephone pole, wires, cables, conduits, fences, sewers, water
mains and other suitable equipment for the conveyance and use of electricity,
telephone equipment, gas, sewer, water or other public conveyances or
utilities on, in of over each lot, the rights of way of roads and streets, and such
other areas as are shown on the plat, of the properties recorded or to be
recorded in the office of the Register of Deeds of New Hanover County,
provided further, that the Declarant may cut drain ways for surface water
whenever such action may appear to the Developer to be necessary in order to
maintain reasonably standards of health, safety, and appearance. These
easements and rights of way expressly include the right to cut any trees,
bushes or shrubbery, make any grading of the soil, or take any other similar
action reasonably necessary to provide economical and safe utility installation
and to maintain reasonable standards of health, safety and appearance. The
Declarant further reserves the right to locate wells, pumping stations, and
tanks within residential areas on any walkway, or on any residential lot now or
subsequently designated for such use or to locate same upon any lot with the
permission of the owner of such lot. Such rights may be exercised by any
licensee of the Declarant, but this reservation shall not be considered an
obligation of the Declarant to provide or maintain any such utility of service.
B. The developer reserves the right to subject the real property in this subdivision
to a contract with the Carolina Power and Light, their successor or assigns, for
the installation of street lighting, which requires a continuing monthly
payment to such utility company by each residential customer.
C. Easements over all private streets and roads, access easements, and the
common areas within the planned community as necessary to provide access,
ingress and egress to and the installation of utilities for any property.
D. All easements and rights described herein are perpetual easements
appurtenant, running with the land, and shall inure to the benefit of and be
binding on the Declarant and the Association, their successors and assigns,
and any owner, purchaser, Mortgagee, and other person having an interest in
the Planned Community, or any part or portion thereof, regardless of whether
or not reference is made in the respective deeds of conveyance, or in any
mortgage or trust deed or other evidence of obligation, to the easements and
rights described in this declaration.
ARTICLE III
MEMBERSHIP AND voTING RIGHTS
Section 1 Every owner of a lot shall be a member of the association. Membership
shall be appurtenant to and may not be separated from ownership of any lot.

Section 2 Each member shall be entitled to one vote in the affairs of the
association for each lot owned. When more than one person holds an interest in any lot,
all such persons shall be members. The vote for such lot shall be exercised as the owners
of such lot among themselves determine, but in no event shall more than one vote be cast
with respect to any lot.
ARTICLE IV
MANAGEMENT AND CONTROL
Management for the affairs of the Association, excepting architectural control,
shall be the right and responsibility of its board of directors in accordance with the
declaration and the by-laws; PROVIDED, HOWEVER, that all of the powers and duties
of the Board of Directors may be exercised by the Declarant until such time as 75% of
the lots have been sold and conveyed by the Declarant to purchasers or until January
2010, whichever occurs first. Management and control may be transferred to the lot
owners at any time but no later than 36 months after the happening of either of the above
events. The Developer may maintain architectural control until all lots have been sold, or
until such control shall be expressly relinquished to the Association in writing, whichever
occurs earliest.
ARTICLE V
COVENANTS AND ASSESSMENTS
Section 1 Creation of the lien and personal obligation for assessments. Each lot
owner covenants and agrees to pay to the Association the following assessments
(collectively the "assessments"):
A. Annual assessments.
B. Special assessments.
C. Insurance assessments.
D. Ad valorem Tax assessments.
E. Working capital assessments.
These assessments together with interest, costs, and reasonable attorney's fees,
shall be a charge on the land and shall be a continuing lien upon the respective Lot
against which the charges are assessed. Such charges and reasonable attorney's fees shall
also be the personal obligation of the person who was the owner of such lot at the time
the assessment fell due. The personal obligation for delinquent assessments shall not
pass to the owner's successors in title unless expressly assumed by them, or a lien for
such charges has been filed in the Office of the Clerk of Court of New Hanover County
prior to transfer of title to such successor; however, such charges remain a lien on the
Lot, in any event.
Section 2 Purpose Of Annual Assesments The annual assessments levied by the
association shall be used to promote the recreation, health, safety and welfare of the
0

owners and residents of the planned community and for the maintenance, repair, and
replacement of the common elements, any limited common elements, any repairs or
reconstructions of units required or allowed by this Declaration, and any
retention/detention pond(s) located within the subdivision. The funds arising from said
assessments of charges, may be used for, but is not limited to, any or all of the following
purposes: Operations, maintenance and improvements of the common areas, including all
private roads, streets and rights -of -way, and any limited common areas, including
payment of utilities, enforcing this declaration: paying taxes, insurance premiums, legal
and accounting fees and governmental charges: establishing working capital: paying dues
and assessments to any organization or master association of which the Association is a
member, and in addition, doing any other things necessary or desirable in the opinion of
the Association to keep the common areas and limited common areas in good operating
order and repair.
Section 3 Annual Assessments Annual assessments shall be in an amount to be
fixed from year to year by the Board of Directors which may establish different rates
from year to year as it may deem necessary for the purposes set forth in Section 2 above.
The amount of the annual assessment against each lot for any given year shall be fixed at
least 30 days in advance of the annual assessment period, provided, however that the first
annual assessment shall be set prior to the conveyance of the first lot to an owner at or
prior to the closing of their lots. Written notice of each annual assessment thereafter shall
be sent to every owner subject thereto. The due date shall be established by the Board of
Directors, and the Board of Directors shall have the authority to require the assessments
to be paid in pro rata monthly installments. The Association shall upon demand, and for
a reasonable charge, furnish a certificate signed by an officer of the Association setting
forth whether the assessments on a specific lot have been paid. The initial Dues are set at
$300.00 per year, billed monthly, $25.00 per month, or quarterly, $75.00 per quarter.
At such time any improvements might be constructed on the common area, the
annual dues may increase.
Section 4 Initial Working Capital Assessment Each purchaser of a lot from the
Declarant, or its successor, shall pay to the Association a Working Capital assessment of
$100.00.
Section 5 Special Assessments For Ca ital Im rovement In addition to the annual
assessments authorized above, the association may levy, in any assessment year, a special
assessment applicable to the year only for the purpose of defraying in whole or in part,
the cost of any common area improvements or maintenance. Any such assessment shall
have the assent of two-thirds of the votes of the members who are voting in person or by
proxy at a meeting duly called for this purpose.
Section 6 Insurance Assessments The Board of Directors on behalf of the
Association as a common expense, shall at all times keep the property of the Association,
if any, insured against loss or damage by fire or other hazards and other such risks,
including, but not limited to, directors' liability and public liability insurance, upon such

terms and for such amounts as may be reasonably necessary from time to time to protect
the Properties and common area, which insurance shall be payable in case of loss to the
Association for all the members. The Association shall have the sole authority to deal
with the insurer in the settlement of all claims. Such insurance shall be obtained without
prejudice to the right of each member to insure his personal property for his own benefit
at his own expense. In no event shall the insurance purchased by the members or their
mortgagees. The Association reserves the right to assess members in an amount sufficient
to pay the cost of all such deductibles and insurance premiums not included as a
component of the annual assessment. These insurance assessments shall include but are
not limited to Ad valorem tax assessments.
Section 7 Rate of Assessment The Association may differentiate in the amount of
Assessments charged when a reasonable bases for distinction exists, such as between
vacant lots and those with completed structures which can legally be occupied, or when
any other substantial difference exists between lots. However, Assessments must be
fixed at a uniform rate for all lots similarly situated.
Section 8 Commencement of Assessments Assessments for each lot shall
commence upon the date of closing by an owner from the Declarant.
Section 9 Effect of Nonpayment of Assessments and Remedies of the
Association Any Assessment not paid within Thirty (30) days after the due date shall
bear interest from the due date at the highest interest rate allowable by law. The
Association may bring an action at law against the owner personally obligated to pay the
same, and/or foreclose the lien against the property and may pursue any other legal or
equitable remedy available. No owner may waive or otherwise escape liability for the
assessments provided for herein by nonuse of the Common area or by abandoning his lot.
The association may also establish and collect late fees for delinquent installments.
Section 10 Lien for Assessments. The Association may file a lien against a lot
when any assessment levied is left unpaid for a period of 30 days or longer.
A. The lien shall constitute a lien against the Lot when and after the claim of
lien is filed of record in the office of the Clerk of Superior Court of New
Hanover County. The Association may foreclose the claim of lien in like
manner as a mortgage on real estate under power of sale under article 2A
of chapter 45 of the General statutes. The Trustee for such foreclosure
shall be a person or entity appointed in writing by the Board or Officers of
the Association. Fees, charges, late charges tines, interest, reasonable
attorney's fees, and other charges imposed pursuant to Sections 47F-3-
102, 47F-3-107, 4717-3-107.1 and 47F-3-115 of the Act are enforceable as
Assessments.
B. The lien under this section shall be prior to all liens and encumbrances on
a lot except (i) liens and encumbrances (specifically including, but not
limited to, a mortgage or deed of trust on the lot) recorded before the
8

docketing of the claim of lien in the office of the Clerk of Superior court,
and (ii) liens for real estate taxes and other governmental assessments and
charges against the lot.
C. The lien for unpaid assessments is extinguished unless proceedings to
enforce the tax lien are instituted within three years after the docketing; of
the claim of lien in the office of the Clerk of the Superior Court.
D. Any judgment, Decree, or order in any action brought under this section
shall include costs and reasonable attorneys' fees for the prevailing; party.
E. Where the holder of a first mortgage or deed of trust of record, or other
purchaser of a lot obtains title to the Lot as a result of foreclosure of a first
mortgage or deed of trust, such purchaser and its heirs, successors and
assigns shall not be liable for the Assessments against the Lot which
became due prior to the acquisition of title to the Lot be such purchaser.
The unpaid assessments shall be deemed to be common expenses
collectible from all of the Lot Owners including such purchaser, its heirs
successors or assigns.
F. A claim of lien shall set north the name and addresses of the association,
the name of the record owner of the Lot at the time the claim of lien is
filed, a description of the Lot and the amount of the lien claimed.
ARTICLE V
RIGHTS OF DEVELOPER
The Declarant shall have, and there is hereby reserved to the Declarant, the
Special Declarant Rights as herein defined and the following rights, powers, and
privileges which shall be in addition to the Special Declarant rights and any other rights,
powers, and privileges reserved to the Declarant herein:
Section 1 The Architectural Control Committee/Board of Directors/Executive
Board All duties and responsibilities conferred upon the Architectural Control Committee
by this Declaration or the Bylaws of the Association shall be exercised and performed by
the Declarant or its designee, so long as Declarant shall own any Lot within the Property
or any Additional Property, The Declarant shall be entitled, during the Declarant control
period, to appoint and remove the officers and members of any Executive board.
Section 2 Plan of Planned Community The right to change, alter or redesignate
the allocated planned, platted, or recorded use or designation of any of the lands
constituting the Planned Community including, but not limited to, the right to change,
alter or redesignate road, utility, stormwater, and drainage facilities and casements and to
change, alter or redesignate such other present and proposed amenities, common
elements, or facilities as may in the sole judgment and discretion of Declarant be
necessary or desirable. The Declarant hereby expressly reserves unto itself, its successors
and assigns, the right to replat any one (1) or more lots shown on the plat of any
subdivision of the property of additional property in order to create one or more modified
lots: to further subdivide tracts or lots shown on any such subdivision plat into two or
more lots; to recombine one or more tracts or Lots or a tract and Lots to create a larger
9

tract or Lot (any lot resulting from such combination shall be treated as one Lot for
purposes of assessments): to eliminate from this declaration of any plats of the planned
community lots that are not otherwise buildable or are needed or desired by Declarant for
access or are needed or desired by Declarant for use as common area, as a public or
private roads, or as access areas, whether serving the Planned Community or other
property owned by the Declarant or others, or which are needed for the installation of
utilities, common elements or amenities, and to take such steps as are reasonably
necessary to make such re -platted Lots or tracts suitable and fit as a building site, access
area, roadway or common elements. Declarant specifically reserves the right, but not
obligation, to convert one Lot owned by the Declarant, or its successor, to Common Area
for the subdivision.
Section 3 Amendment of Declaration by the Declarant. This Declaration may be
amended without member approval by the Declarant, or the board of the Association, as
the case may be, as follows:
A. In any respect, prior to the sale of the first lot.
B. To the extent this declaration applies to additional property.
C. To correct any obvious error or inconsistency in drafting, typing, or
reproduction.
D. To qualify the Association or the property and additional property, or any
portion thereof, for tax-exempt status.
E. To incorporate or reflect any platting change as permitted by this article or
otherwise permitted herein.
F. To conform this declaration to the requirements of any law or governmental
agency having legal jurisdiction over the property or any Additional Property
or to qualify the property or any additional property or any Lots and
improvements thereon for mortgage or improvement loans made, insured or
guaranteed by a governmental agency belonging to, sponsored by, or under
the substantial control of the United States Governmental or the State of North
Carolina, regarding purchase or sale of such lots and improvements, or
mortgage interests therein, as well as any other law or regulation relating to
the control of the property, including, without limitation, ecological controls,
construction standards, aesthetics, and matters affecting the public health,
safety and general welfare. A letter from the official of any such corporation
or agency, including, without limitation, the Department of Veteran affairs,
U.S. Department of housing and urban development, the federal home loan
mortgage corporation, Government National mortgage corporation, or the
Federal National Mortgage Association, requesting or suggesting an
amendment necessary to comply with the requirements of such corporation or
agency, provided that the changes made substantially conform to such request
or suggestion. Notwithstanding anything else herein to the contrary, only the
Declarant, during the Declarant Control period, shall be entitled to amend this
Declaration pursuant to this section.
H

ARTICLE VI
USE RESTRICTIONS, ARCHITECTURAL CONTROL AND MAINTENANCE
Section I Architectural Control and Maintenance After the period of Declarant
Control, the Association shall have the right and obligation to control the development
and appearance in the Planned Community, subject to the following minimum guidelines:
A. Approval of plans for building and site improvements. No house plans
will be approved unless the proposed house shall have a minimum 1000 square
feet of enclosed heated square feet, which shall be the total enclosed area within a
dwelling, provided, however, that such term does not include terraces, decks,
open porches, and like areas, provided further, that shed -type porches, even
though attached to the house are specifically excluded from the definition of the
aforesaid term "heated square footage".
B. Since the establishment of inflexible building setback lines for
location of houses on Lots tends to force construction of houses directly to the
side of other homes with detrimental effects on privacy, view, preservation of
important trees and other vegetation, ecological and related considerations, no
specific setback lines shall be established by this Declaration. In order to assure,
however, that the foregoing considerations are given maximum effect, the site and
location of any house or dwelling or other structure upon any Lot shall be
controlled by and must be approved absolutely by the Declarant, and after the
period of Declarant control, by the Architectural Review Committee; provided,
however, that no structure shall be constructed closer to a Lot Line than is
permitted by applicable governmental regulations.
C. The exterior of all dwellings and other structures must be completed
within twelve (12) months after the construction of same shall have commenced,
except where such completion is impossible or would result in great hardship to
the Owner or builder, due to strikes, fires, national emergency, natural calamities,
or complexity of design and construction.
D. fences shall be permitted on any Lot; provided, however, that the
design, placement, and materials of any fence are approved by the Declarant, and
after the period of Declarant control, by the Architectural Review Committee. No
fence shall be permitted any further forward the front corners of the house on the
lot. No chain link fences may be visible from the streets that border the lot.
Clotheslines are permitted on lots, however, no clothesline may be visible from
the streets that border the lot upon which the clothesline is located.

E. Off street parking for not less than (2) two passenger automobiles
must be provided on each lot prior to the occupancy of any dwelling constructed
on said lot which parking areas and the driveways thereto shall be constructed of
concrete, brick, asphalt, or turf stone, or any other material approved by the
Declarant, and after the period of Declarant control, by the Architectural Control
Committee,
F. The Declarant may, at its option, construct and install sprinkler
systems upon some or all of the lots in the development. However after a lot with
a sprinkler system has been conveyed by Declarant, it shall be the sole duty and
responsibility of the lot owner to thereafter operate and maintain the said system
in good operational order and repair, including the repair and replacement of all
parts and materials for the irrigation wall and the entire system,
G. It shall be the continuing duty and responsibility of the lot owner to
landscape and maintain their lawns and environment in the manner that has been
approved by the Declarant, and after the period of Declarant control, by the
Architectural Control Committee.
Section 2 - Use Restrictions
A. LAND USE AND BUILDING TYPE No lot shall be used for any
purpose other than residential purposes, subject, however, to the rights of the
Declarant contained herein, and the right to convert lots to Common Area, or a lot
for access to adjacent property. All numbered Lots are restricted for construction
of one single family dwelling not to exceed two stories in height (plus such
detached garages and other accessory buildings as may be approved in their sole
discretion by the Declarant, and after the period of Declarant control, by the
Architectural Control Committee).
B. NUISANCES No noxious or offensive activity shall be carried on
upon any lot, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood. There shall not be maintained any
plants or animals, nor device or thing of any sort whose normal activities or
existence are in any way noxious, dangerous, unsightly, or of other nature as may
significantly diminish or destroy the enjoyment of other lots by the owners
thereof. It shall be the responsibility of each owner to prevent the development of
any unclean, unsightly of unkept condition of buildings or grounds on the
Owner's lot which would tend to decrease the beauty of the neighborhood as a
whole or the specific area.
C. TEMPORARY STRUCTURES No structure of a temporary
character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be
used on any lot any time as a residence whether temporarily or permanently
without the written consent of the Declarant, and after the period of Declarant
control, by the Association.
12

D. ANIMALS No animals, livestock or poultry of any kind shall be
kept or maintained on any Lot or in any dwelling except domestic dogs and cats,
or other household pets, provided they are not kept or maintained for commercial
purposes, or in such numbers as to create a nuisance prohibited by B., above.
E. TELEVISION SATELLITE DISHES AND OUTSIDE
ANTENNAS No yard statuary or TV satellite signal receiving dishes are
permitted on any lot and no outside radio or television antennas shall be erected
on any lot or dwelling unit unless and until permission for the same has been
granted by the Declarant, and after the period of Declarant control, by the
Architectural Control Committee; provided, however satellite dishes under 18" in
diameter which cannot be seen from the street are permitted.
F. EXTERIOR LIGHTS All light bulbs and other lights installed on
any fixture located on the exterior of any building or any lot shall be of clear,
white, non -frost or yellow bug bulbs.
G. SIGNS No signs (including' -for rent" or "for sale" signs) shall be
permitted on any lot or in the common area without permission of the Executive
Board, provided, however the Declarant may, so long as it owns any lot, maintain
for sale signs on Declarants lots and signs on its lots and in the common area
generally advertising the planned community.
H. JUNK VEHICLES No inoperable vehicle will be permitted on
the premises. The Association shall have the right to have all vehicles towed away
at the owner's expense.
I. SUBDIVIDING Subject to any rights reserved by the Declarant
herein, no lot shall be subdivided, or its boundary lines be changed except with
the prior written consent of the Declarant during the Declarant control period and
thereafter by the Board of Directors of the Association.
J. FENCING In order to maintain compliance with all stormwater
permits, no fencing will be allowed on the drainage and access easements
between the common area/pool lot and lot 30 and along the pond edge at the rear
of lots 23, 24, 25, 26, 27, 28, and 29.
K. IMPERVIOUS SURFACE No more than 3600 square feet of any
lot shall be covered by structures or impervious materials. This allotted amount
includes any built upon areas constructed within the property boundaries, and that
portion of the road right-of-way between the front lot line and the edge of the
pavement. Impervious materials include, but is not limited to, structures, asphalt,
gravel, concrete, brick, stone, slate, coquina, parking areas, or similar material but
do not include raised open wood decking or the water surface of swimming pools.
Built upon area in excess of the permitted amount requires a state stormwater
management permit modification prior to construction.
All runoff from the built upon areas on the Lot must drain into permitted
systems. This may be accomplished through the use of roof drain gutters which
drain to the street, grading the lot to drain toward the street, or grading perimeter
swales to collect lot runoff and directing them into the stormwater system, or into
the street. Lots that naturally drain toward the street are not required to provide
these additional measures.
13

L. SWALES. Swales shall not be filled in, piped, or altered except as
necessary to provide driveway crossing.
M. STORMWATER All permitted runoff from out parcels or future
development shall be directed into the permitted stormwater control system.
These connections to the stormwater control system shall be performed in a
manner that maintains the integrity and performance of the system as permitted.
N. MECHANICS No mechanical or maintenance work shall be done
on cars or other machinery or equipment in the front or side yard of any home,
or in the street in front of any Lot.
O. BOATS AND RECREATIONAL VECHILES Boats, recreational
vehicles, and other similar vehicles shall only be parked on driveways or on pads,
the design and location of which must be approved by the Declarant, and after the
period of Declarant control, by the Architectural Review Committee, and may not
be parked in the front or side yard, or in the street in front of any Lot.
P. LEASES No property shall be leased for less than 6 months.
Q. MODULAR AND MOBILE HOMES No modular or mobile
homes shall be placed on any lot.
R. WINDOW TREATMENTS Permanent window treatments must
be installed on all new homes within 30 days of occupancy.
S. EXTERIOR MAINTENANCE Each lot owner shall maintain the
exterior of all buildings, walls, and other improvements on his lot in good
condition and repair, and shall replace worn and rotten parts and shall regularly
repaint all painted surfaces and shall not permit the roofs, rain gutters,
downspouts, exterior walls, windows, doors, or other exterior portions of the
improvements to deteriorate in an unattractive manner. The maintenance
referenced herein may be supervised and regulated by the SNOWS CUT
LANDING HOMEOWNERS ASSOCIATION, INC., as hereinafter provided and
herein -after referenced as "the Association". In the event that the lot owner shall
fail to comply with these maintenance requirements, the Association is hereby
expressly authorized, and the lot owner hereby expressly agrees, that said
maintenance and/or repair may be effected by the said Association with the
expenses incurred for the same to be assessed against the individual lot owner as a
special assessment and subject to the regulations regarding liens and assessments
as herein set forth.
ARTICLE VIl
STORMWATER/RUNOFF FACILITIES
Section I Transfer of Permit The Association and each of its Members agree
that at anytime after (1) al work required under the Stormwater Permit has been
completed (other than operation and maintenance activities), and (ii) the Declarant is not
prohibited under DENR regulations from transferring the Stormwater Permit to the
Association, the Association's Manager shall, without any vote or approval of' Lot
Owners, and within 10 days after being requested to do so, sign all documents required
14

by DENR for the Stormwater Permit to be transferred to the Association. If the
Association fails to sign the documents required by this paragraph, the Declarant shall be
entitled to specific performance in the courts of North Carolina requiring that the
Association Manager signs all documents necessary for the Stormwater Permit to be
transferred to the Association. Failure of the Manager to sign as provided herin shall not
relieve the Association of its obligations to operate and maintain the stormwater facilities
covered by the Stormwater Permit.
Section 2 Hold Harmless The stormwater retention/detention pond(s) and
related facilities constitute Common elements/Area, and the Association is responsible
for operation and maintenance of such. The Association shall indemnify and hold
harmless the Declarant, its successors and assigns, from any obligation and costs for
operation and maintenance under the stormwater permit after the permit is transferred to
the association, as provided for above
ARTICLE VIII
LOTS SUBJECT TO DECLARATION/ENFORCEMENT
Section 1 Lots subject to declaration. The covenants and restrictions contained in
this declaration are for the purpose of protecting the value and desirability of the planned
community and the lots. All present and future owners, tenants and occupants of lot and
their guests or invitees, shall be subject to, and shall comply with the provisions of the
Declaration, as the declaration may be amended from time to time, and all Rules and
Regulations set by the Declarant, or Executive Board after the period of Developer
Control. The acceptance of a deed of conveyance, or the entering into of a lease or the
entering into occupancy of any lot, shall constitute an agreement that the provisions of
the Declaration are accepted and ratified by such owner, tenant, or occupant. The
covenants and restrictions of this Declaration shall run with and bind the land and shall
bind any person having as any time any interest or estate in any lot, their heirs, successors
and assigns, as though such provisions were made a part of each and every deed of
conveyance or lease, for a term of twenty (20) years form the date this Declaration is
recorded, after which time they shall be automatically extended for successive periods of
ten (10) years, unless amended or terminated by the Lot Owners.
Section 2 Miscellaneous Failure by the association, or by an owner, to enforce
any covenant or restriction herein contained shall in no event be deemed a waiver of the
right to do so thereafter. The remedies provided herein are cumulative and are in addition
to any other remedies provided by law.
ARTICLE VIII
RIGHTS OF INSTITUTIONAL LENDERS
15

Institutional lender or Institutional lenders as the term is used herein, shall mean
and refer to banks, savings and loans, savings banks, insurance companies, the veteran's
administration, the Federal Housing Authority, the Federal National Mortgage
Association, and other reputable mortgage lenders, guarantors, and insurers of such first
mortgages. So long as any Institutional Lender or Institutional Lenders shall hold any
mortgage upon any lot, or shall be the owner of any lot, such Institutional Lender or
lenders shall have the following rights.
A. To be furnished with at least one copy of the Annual Financial statement and
report of the association, including a detailed statement of annual carrying
charges or income collected and operating expenses, such financial statement
and report to be furnished by April 15`b of each calendar year.
B. To be given notice of the association of the call of any meeting of the
membership to be held for the purpose of considering any proposed
Amendment to the Declaration, or the Articles of incorporation and Bylaws of
the Association, which notice shall state the nature of the amendment being
proposed, and to be given permission to designate a representative to attend
all such meetings.
C. To be given notice of default in the payment of assessments by an owner of a
lot encumbered by a mortgage held by the institutional lender or lenders, such
notice to be given in writing and to be sent to the principle office of such
Institutional lender or lenders, or to the place which it or they may designate
in writing to the Association.
D. To inspect the books and records of' the Association and the Declaration,
bylaws and any rules and regulations during normal business hours, and to
obtain copies thereof, for a reasonable copying fee.
E. To be given notice by the Association of any substantial damage to any part of
the common area.
F. To be given notice by the association if any portion of the common area is
made the subject matter of any condemnation of eminent domain proceedings
or is otherwise sought to be acquired by a condemning authority.
ARTICLE IX
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have
the right to enforce, by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations, liens and charges now or hereafter imposed
by the provisions of this Declaration. Failure by the Association or by an owner
or enforce any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter.
Mel

Section 2. Severability. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other provision
which shall remain in full force and effect.
Section 3. Amendment of Covenants. Except as otherwise provided in
these Covenants, the terms herein may not be amended during the period of
Developer Control. After the period of Developer Control the terms herein may
not be amended unless seventy five percent (75%) of the Lot Owners agree to
such amendment at a meeting duly called for the purpose of voting on such
changes. Any amendment approved shall be evidenced by a writing setting out
such amendment, which shall be signed by all Lot owners approving, and which
writing shall be recorded in the Registry of New Hanover County. In no event
shall any amendment be effective to remove or modify any of the Declarant's
rights without the written approval of the Declarant.
17

IN WITNESS WHEREOF, SECOF, LLC, the Declarant has caused this
instrument to be executed by its duly authorized Member/Managers(s), all the day
and year first above written.
CB Snows Cut Landing LLC
By: SECOF LLC- Manager
Kenneth R. Coffer
Its: President
STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER
I, , a Notary Public in and for the
aforesaid State and County of , do hereby certify that
came before me this day and
acknowledged that he is President of the Member 1 Manager, of
SECOF LLC, a North Carolina Limited Liability Company, and that by authority
duly given and as the act of the company, the foregoing instrument was signed in
its name by him as its President of the Member/Manager of SECOF LLC.
Witness my hand and official stamp or seal, this the day of
, 2006.
Notary Public
My commission expires:
I1FS11SYS\APPSIMSWDOCSIRobert\Snows Cut Landing - By RC.doc
18

PRIVATE STREETS DISCLOSURE STATEMENT
Pursuant to North Carolina General Statute Section 136.102.6, Seller
hereby discloses that all street and roads within Snows Cut Landing
subdivision are private streets.
Maintenance of said private streets shall be the responsibility of the
Home Owners Association.
Construction of the said private streets shall be the responsibility of the
Developer.
ACKNOWLEDGED BY THE BUYER(S)
Date:
19

Being all of Snows Cut Landing as recorded in Book 4758 at
Page 299 in the New Hanover County Registry.
911

11111111110111
FOR REGISTRATION REGISTER OF DEEDS
REBECCA P. SMITH
NEW HANOVER COUNTY, NC
20M APR 04 09:50:17 PM
BK:4743 PG:67-87 FEE471.00
INW1120 5%
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DECLARATIONS OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF SNOWS CUT LANDING
This Declaration, made this) day of c - 2005, by SECOF, LLC,
A North Carolina Limited Liability Company, hereinafter referred to as "Declarant";
WHEREAS, Declarant is the owner of certain property in New Hanover County,
North Carolina, Which is more particularly described as follows:
SEE EXHIBIT "A" ATTACHED AND MADE A PART HEREOF
NOW, THEREFORE, Declarant hereby declares that all of the properties
described above shall be held, sold and conveyed subject to Chapter 47F of the General
Statutes of North Carolina known as the North Carolina Planned Community Act and
subject to the following easements, covenants, and conditions, which are for the purpose
of protecting the value and desirability of, and which shall run with the real property and
be binding on all parties having any right, title or interest in the described properties or
any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each
owner thereof.
Some of the following Covenants are intended to insure ongoing compliance with
North Carolina State Stormwater Management Permit Number SW8021026, as issued by
the Division of Water Quality under NCAN 2H.1000. The State of North Carolina is
made a beneficiary of these covenants to the extent necessary to maintain compliance
with the stormwater management permit. The covenants are to run with the land and be
binding on all persons and parties claiming under them. The covenants pertaining to
stormwater may not be altered or rescinded without the express written consent of the
State of North Carolina Division of Water Quality. Alteration of the drainage as shown
on the approved plan may not take place without the concurrence of the Division of
Water Quality.
F
1 2005
BY: OZ JJZG

ARTICLE I
DEFINITIONS
As used herein, the following terms shall mean
Section 1 ASSOCIATION shall mean and refer to SNOWS CUT LANDING
HOA, INC., a North Carolina non-profit corporation, its successors and assigns, the
owners' association organized for the mutual benefit and protection of all the Properties,
within Snows Cut Landing, as expanded from time to time, herein after referred to as the
Properties. All property owners of lots in SNOWS CUT LANDING and any adjoining
areas hereinafter developed and subjected to this declaration, if any, shall be members of
the association, which membership shall be appurtenant to and may not be separated from
the ownership of each single family or multi family lot.
Section 2 ARCHITECTURAL REVIEW COMMITTEE (or Architectural
Control Committee) shall mean and refer to a committee of no less than three, and no
more than five, Lot owners elected at an annual meeting of the Association, or at a
Special Meeting duly called for that purpose. The initial committee shall be elected at a
special meeting called for that purpose after the period of Developer control has ended.
The committee shall, after the period of Declarant control, exercise the architectural
review and controls established by this Declaration, and all amendments hereto.
Section 3 OWNER shall mean and refer to the record owner(s), whether one or
more persons or entities, of fee simple title to any lot which is part of the Properties,
including contract sellers, but excluding those having such interest merely as security for
the performance of an obligation.
Section 4 PROPERTIES shall mean and refer to all of SNOWS CUT LANDING
as described above, and any additional properties that may hereafter be brought within
the jurisdiction of the Association as herein provided.
Section 5 ADDITIONAL PROPERTIES shall mean and refer to any lands
adjoining the Properties or within a one -mile radius thereof, which now are owned or
may be hereafter acquired or developed by the Declarant and annexed to and made a part
of the properties by the Declarant and subjected to this declaration. No additional
properties may be annexed without prior approval of HUDNA, if so required. The
annexation of such additional properties shall become effective by the recording in New
Hanover County by the Declarant of an amended declaration for each new section
annexed;
Section 6 COMMON AREA shall mean and refer to all real property owned by
the Association for the common use and enjoyment of the owners, specifically including
all roads, streets, drives and rights of way in Snows Cut Landing. The common area to
be owned by the Association at the time of the conveyance of the first lot shall be all the
area designated as "common area" on the plat or plats of SNOWS CUT LANDING, if
any, recorded or to be recorded in New Hanover County Registry. The term shall also
1\

include any additional property or Lot later designated as Common Area by the
Declarant, as provided for herein, and any detention, and/or retention pond(s) located
within the subdivision.
Section 7 COMMON EXPENSES means expenditures made by or financial
liabilities of the Association, together with any allocations to reserves. Common
Expenses specifically include costs for maintaining and insuring any retention, and/or
detention pond(s), and all roads, streets, drives and rights of way in Snows Cut Landing
subdivision, as expanded from time to time.
Section 8 DECLARANT shall be used interchangeably with developer (which
shall include singular, plural, masculine and neuter as required by the context) and shall
mean and refer to SECOF, LLC, and its successors and assigns, if such successors and
assigns should acquire the remaining undeveloped property in Snows Cut Landing from
the Declarant for the purpose of development.
Section 9 DECLARATION shall mean this instrument as it may be from time to
time amended or supplemented.
Section 10 EXECUTIVE BOARD shall be used interchangeably with the board
of directors and means the body, regardless of name, designated in this Declaration or
otherwise to act on behalf of the association.
Section I l MEMBERSHIP shall mean and refer to every person or entity that has
a membership in the Association.
Section 12 SPECIAL DECLARANT RIGHTS means rights reserved for the
benefit of the Declarant including without limitation the right (i) to complete
improvements intended or planned by Developer for the property or additional
property;(ii) to exercise any development or other right reserved to the Declarant by this
Declaration of otherwise, (iii) to maintain within the Planned community sales offices,
management offices, construction offices/trailers, signs advertising the Planned
community, and models; (iv) to use the common elements for the purpose of making
improvements within the planned community;(v) to make the planned community part of
a larger planned community or group of planned communities;(vi) to make the planned
community subject to a master association;(vii) to appoint or remove any officer or
executive Board member of the Association or any other Master Association during the
Declarant control period; (viii) to maintain Architectural Control until such time as
Declarant sells or transfers all Lots in the subdivision; and (ix) to delegate any or all of
the Declarant's rights permanently or for limited time periods.
Section 13 LIMITED COMMON AREAS AND FACILTIES —Snows Cut
Landing has no Limited Common Area.
3

Section 14 ADDITIONAL SPECIAL DECLARANT RIGHTS Declarant
reserves the right, in its sole discretion, to construct improvements, or to allow
construction of improvements, including, but not limited to a swimming pool and related
facilities, upon a portion of the Common Area. Upon completion of such improvements
Association Dues shall be recalculates} to include the costs of insuring and maintaining
such improvements.
ARTICLE II
PROPERTY RIGHTS AND EASEMENTS
Section 1 OWNERS PROPERTY RIGHTS AND EASEMENT OF
ENJOYMENT Every owner shall have and is hereby granted a right and easement of
enjoyment in and to the common areas, if any, and all roads, streets, drives and rights of
way in Snows Cut Landing, which shall be appurtenant to and shall pass with the title to
every lot, subject to the following provisions:
A. The Declarant, and after the period of Declarant control, the Association may
make and amend reasonable rules and regulations governing use of the
common elements by the owners and non -owner members;
S. The right of the Declarant, and after the period of Declarant control, the
Association to suspend the voting rights and privileges of an owner for any
period during which any assessment against his lot remains unpaid and for a
period not to exceed (60) days for any violation of its published rules and
regulations;
C. The Declarant, and after the period of Declarant control, the Association may
grant a security interest in or convey the Common areas, or dedicate or
transfer all or part of the common areas, to any public agency, authority or
utility for such purposes and subject to such conditions as may be agreed to by
at least (8011/o) eighty percent of the members, excluding the developer;
provided, however, that the Declarant, and after the period of Declarant
control, the Association may without the consent of the Owners grant
easements, leases, licenses and concessions through or over the common
areas. No conveyance or encumbrance of common elements shall deprive any
Lot of its rights of access or support.
D. The right of the Declarant, and after the period of Declarant control, the
Association to impose regulations for the use and enjoyment of the common
areas, if any, and improvements thereon, which regulation may further restrict
the use of the common area.
Section 2. EASEMENTS IN FAVOR OF DECLARANT AND THE
ASSOCIATION. The following easements arc reserved to Declarant and the
Association, their agents, contractors, employees, successors and assigns:
A. The Declarant reserves the unto itself, its successors and assigns, a perpetual,
alienable, and releasable easement and right of way, on, over, and under the
2

ground for men and equipment to erect, maintain, inspect, repair, and use
electric and telephone pole, wires, cables, conduits, fences, sewers, water
mains and other suitable equipment for the conveyance and use of electricity,
telephone equipment, gas, sewer, water or other public conveyances or
utilities on, in of over each lot, the rights of way of roads and streets, and such
other areas as are shown on the plat, of the properties recorded or to be
recorded in the office of the Register of Deeds of New Hanover County,
provided further, that the Declarant may cut drain ways for surface water
whenever such action may appear to the Developer to be necessary in order to
maintain reasonably standards of health, safety, and appearance. These
easements and rights of way expressly include the right to cut any trees,
bushes or shrubbery, make any grading of the soil, or take any other similar
action reasonably necessary to provide economical and safe utility installation
and to maintain reasonable standards of health, safety and appearance. The
Declarant further reserves the right to locate wells, pumping stations, and
tanks within residential areas on any walkway, or on any residential lot now or
subsequently designated for such use or to locate same upon any lot with the
permission of the owner of such lot. Such rights may be exercised by any
licensee of the Declarant, but this reservation shall not be considered an
obligation of the Declarant to provide or maintain any such utility of service.
B. The developer reserves the right to subject the real property in this subdivision
to a contract with the Carolina Power and Light, their successor or assigns, for
the installation of street lighting, which requires a continuing monthly
payment to such utility company by each residential customer.
C. Easements over all private streets and roads, access casements, and the
common areas within the planned community as necessary to provide access,
ingress and egress to and the installation of utilities for any property.
D. All easements and rights described herein are perpetual easements
appurtenant, running with the land, and shall inure to the benefit of and be
binding on the Declarant and the Association, their successors and assigns,
and any owner, purchaser, Mortgagee, and other person having an interest in
the Planned Community, or any part or portion thereof, regardless of whether
or not reference is made in the respective deeds of conveyance, or in any
mortgage or trust deed or other evidence of obligation, to the easements and
rights described in this declaration.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1 Every owner of a lot shall be a member of the association. Membership
shall be appurtenant to and may not be separated from ownership of any lot.

Section 2 Each member shall be entitled to one vote in the affairs of the
association for each lot owned. When more than one person holds an interest in any lot,
all such persons shali,be members. The vote for such lot shall be exercised as the owners
of such lot among themselves determine, but in no event shall more than one vote be cast
with respect to any lot.
ARTICLE IV
MANAGEMENT AND CONTROL
Management for the affairs of the Association, excepting architectural control,
shall be the right and responsibility of its board of directors in accordance with the
declaration and the by-laws; PROVIDED, HOWEVER, that all of the powers and duties
of the Board of Directors may be exercised by the Declarant until such time as 75% of
the lot have been sold and conveyed by the Declarant to purchasers or until January 2010,
whichever occurs first. Management and control may be transferred to the lot owners at
any time but no later than 36 months after the happening of either of the above events.
The Developer may maintain architectural control until all lots have been sold, or until
such control shall be expressly relinquished to the Association in writing, whichever
occurs earliest.
ARTICLE V
COVENANTS AND ASSESSMENTS
Section 1 Creation of the lien and personal obligation for assessments. Each lot
owner covenants and agrees to pay to the Association the following assessments
(collectively the "assessments"):
A. Annual assessments.
B. Special assessments.
C. Insurance assessments.
D. Ad valorem Tax assessments.
E. Working capital assessments.
These assessments together with interest, costs, and reasonable attorney's fees,
shall be a charge on the land and shall be a continuing lien upon the respective Lot
against which the charges are assessed. Such charges and reasonable attorney's fees shall
also be the personal obligation of the person who was the owner of such lot at the time
the assessment fell due. The personal obligation for delinquent assessments shall not
pass to the owner's successors in title unless expressly assumed by them, or a lien for
such charges has been filed in the Office of the Clerk of Court of New Hanover County
prior to transfer of title to such successor; however, such charges remain a lien on the
Lot, in any event.
Section 2 PgWse_Of Annual Asecsments_ The annual assessments levied by the
association shall be used to promote the recreation, health, safety and welfare of the
31

owners and residents of the planned community and for the maintenance, repair, and
replacement of the common elements, any limited common elements, any repairs or
reconstructions of units required or allowed by this Declaration, and any
retention/detention pond(s). located within the subdivision. The funds arising from said
assessments of charges, may be used for, but is not limited to, any or all of the following
purposes: Operations, maintenance and improvements of the common areas, including all
private roads, streets and rights -of -way, and any limited common areas, including
payment of utilities, enforcing this declaration: paying taxes, insurance premiums, legal
and accounting fees and governmental charges: establishing working capital: paying dues
and assessments to any organization or master association of which the Association is a
member, and in addition, doing any other things necessary or desirable in the opinion of
the Association to keep the common areas and limited common areas in good operating
order and repair.
Section 3 Annual Assessments Annual assessments shall be in an amount to be
fixed from year to year by the Board of Directors which may establish different rates
from year to year as it may deem necessary for the purposes set forth in Section 2 above.
The amount of the annual assessment against each lot for any given year shall be fixed at
least 30 days in advance of the annual assessment period, provided, however that the first
annual assessment shall be set prior to the conveyance of the first lot to an owner at or
prior to the closing of their lots. Written notice of each annual assessment thereafter shall
be sent to every owner subject thereto. The due date shall be established by the Board of
Directors, and the Board of Directors shall have the authority to require the assessments
to be paid in pro rats monthly installments. The Association shall upon demand, and for
a reasonable charge, furnish a certificate signed by an officer of the Association setting
forth whether the assessments on a specific lot have been paid. The Initial Dues are set at
$300.00 per year, billed monthly, $25.00 per month, or quarterly, $75.00 per quarter.
At such time as a pool, clubhouse, or other improvements are constructed on the
common area, the annual dues may increase.
Section 4 Initial Working Capital Assessment Each purchaser of a lot from the
Declarant, or its successor, shall pay to the Association a Working Capital assessment of
$100.00.
Section 5 Special Assessments For Capital Improvement In addition to the annual
assessments authorized above, the association may levy, in any assessment year, a special
assessment applicable to the year only for the purpose of defraying in whole or in part,
the cost of any common area improvements or maintenance. Any such assessment shall
have the assent of two-thirds of the votes of the members who are voting in person or by
proxy at a meeting duly called for this purpose.
Section b Insurance Assessments The Board of Directors on behalf of the
Association as a common expense, shall at all times keep the property of the Association,
if any, insured against loss or damage by fire or other hazards and other such risks,
including, but not limited to, directors' liability and public liability insurance, upon such
7

terms and for such amounts as may be reasonably necessary from time to time to protect
the Properties and common area, which insurance shall be payable in case of loss to the
Association for all the members. The Association shall have the sole authority to deal
with the insurer in the settlement of all claims. Such insurance shall be obtained without
prejudice to the right of each member to insure his personal property for his own benefit
at his own expense. In no event shall the insurance purchased by the members or their
mortgagees. The Association reserves the right to assess members in an amount sufficient
to pay the cost of all such deductibles and insurance premiums not included as a
component of the annual assessment. These insurance assessments shall include but are
not limited to Ad valorem tax assessments.
Section 7 Rate of Assessment The Association may differentiate in the amount of
Assessments charged when a reasonable bases for distinction exists, such as between
vacant lots and those with completed structures which can legally be occupied, or when
any other substantial difference exists between lots. However, Assessments must be
fixed at a uniform rate for all lots similarly situated.
Section 8 Commencement of Assessments Assessments for each lot shall
commence upon the date of closing by an owner from the Declarant.
Section 4 _Effect of Nonpayment of Assessments and Remedies of the
Association Any Assessment not paid within Thirty (30) days after the due date shall
bear interest from the due date at the highest interest rate allowable by law. The
Association may bring an action at law against the owner personally obligated to pay the
same, and/or foreclose the lien against the property and may pursue any other legal or
equitable remedy available. No owner may waive or otherwise escape liability for the
assessments provided for herein by nonuse of the Common area or by abandoning his lot.
The association may also establish and collect late fees for delinquent installments.
Section 10 Lien for Assessments. The Association may file a lien against a lot
when any assessment levied is left unpaid for a period of30 days or longer.
A. The lien shall constitute a lien against the Lot when and after the claim of
lien is filed of record in the office of the Clerk of Superior Court of New
Hanover County. The Association may foreclose the claim of lien in like
manner as a mortgage on real estate under power of sale under article 2A
of chapter 45 of the General statutes. The Trustee -for such foreclosure
shall be a person or entity appointed in writing by the Board or Officers of
the Association. Fees, charges, late charges fines, interest, reasonable
attorney's fees, and other charges imposed pursuant to Sections 47F-3-
102, 4717-3-107, 47F-3-107.1 and 47F-3-115 of the Act are enforceable as
Assessments,
B. The lien under this section shall be prior to all liens and encumbrances on
a lot except (i) liens and encumbrances (specifically including, but not
limited to, a mortgage or deed of trust on the lot) recorded before the

docketing of the claim of lien in the office of the Clerk of Superior court,
and (ii) liens for real estate taxes and other governmental assessments and
charges against the lot.
C. The lien for unpaid assessments is extinguished unless proceedings to
enforce the tax lien are instituted within three years after the docketing of
the claim of lien in the office of the Clerk of the Superior Court.
D. Any judgment, Decree, or order in any action brought under this section
shall include costs and reasonable attorneys' fees for the prevailing party.
E. Where the holder of a first mortgage or deed of trust of record, or other
purchaser of a lot obtains title to the Lot as a result of foreclosure of a first
mortgage or deed of trust, such purchaser and its heirs, successors and
assigns shall not be liable for the Assessments against the Lot which
became due prior to the acquisition of title to the Lot be such purchaser.
The unpaid assessments shall be deemed to be common expenses
collectible from all of the Lot Owners including such purchaser, its heirs
successors or assigns.
F. A claim of lien shall set forth the name and addresses of the association,
the name of the record owner of the Lot at the time the claim of lien is
filed, a description of the Lot and the amount of the lien claimed.
ARTICLE V
RIGHTS OF DEVELOPER
The Declarant shall have, and there is hereby reserved to the Declarant, the
Special Declarant Rights as herein defined and the following rights, powers, and
privileges which shall be in addition to the Special Declarant rights and any other rights,
powers, and privileges reserved to the Declarant herein:
Section I The Architectural Control Committee/Board of Directors/Executive
Board All duties and responsibilities conferred upon the Architectural Control Committee
by this Declaration or the Bylaws of the Association shall be exercised and performed by
the Declarant or its designee, so long as Declarant shall own any Lot within the Property
or any Additional Property. The Declarant shall be entitled, during the Declarant control
period, to appoint and remove the officers and members of any Executive board.
Section 2 Plan of Planned Community The right to change, alter or redesignate
the allocated planned, platted, or recorded use or designation of any of the lands
constituting the Planned Community including, but not limited to, the right to change,
alter or redesignate road, utility, stormwater, and drainage facilities and easements and to
change, alter or redesignate such other present and proposed amenities, common
elements, or facilities as may in the sole judgment and discretion of Declarant be
necessary or desirable. The Declarant hereby expressly reserves unto itself, its successors
and assigns, the right to replat any one (1) or more lots shown on the plat of any
subdivision of the property of additional property in order to create one or more modified
lots: to further subdivide tracts or lots shown on any such subdivision plat into two or
more lots; to recombine one or more tracts or Lots or a tract and Lots to create a larger
E

tract or Lot (any lot resulting from such combination shall be treated as one Lot for
purposes of assessments): to eliminate from this declaration of any plats of the planned
community lots that are not otherwise buildable or are needed or desired by Declarant for
access or are needed or desired by Declarant for use as common area, as a public or
private roads, or as access areas, whether serving the Planned Community or other
property owned by the Declarant or others, or which are needed for the installation of
utilities, common elements or amenities, and to take such steps as are reasonably
necessary to make such re -platted Lots or tracts suitable and fit as a building site, access
area, roadway or common elements. Declarant specifically reserves the right, but not
obligation, to convert one Lot owned by the Declarant, or its successor, to Common Area
for the subdivision.
Section 3 Amendment of Declaration by the Declarant. This Declaration may be
amended without member approval by the Declarant, or the board of the Association, as
the case may be, as follows:
A. In any respect, prior to the sale of the first lot.
B. To the extent this declaration applies to additional property.
C. To correct any obvious error or inconsistency in drafting, typing, or
reproduction.
D. To qualify the Association or the property and additional property, or any
portion thereof, for tax-exempt status.
E. To incorporate or reflect any platting change as permitted by this article or
otherwise permitted herein.
F. To conform this declaration to the requirements of any law or governmental
agency having legal jurisdiction over the property or any Additional Property
or to qualify the property or any additional property or any Lots and
improvements thereon for mortgage or improvement loans made, insured or
guaranteed by a governmental agency belonging to, sponsored by, or under
the substantial control of the United States Governmental or the State of North
Carolina, regarding purchase or sale of such lots and improvements, or
mortgage interests therein, as well as any other law or regulation relating to
the control of the property, including, without limitation, ecological controls,
construction standards, aesthetics, and matters affecting the public health,
safety and general welfare. A letter from the official of any such corporation
or agency, including, without limitation, the Department of Veteran affairs,
U.S. Department of housing and urban development, the federal home loan
mortgage corporation, Government National mortgage corporation, or the
Federal National Mortgage Association, requesting or suggesting an
amendment necessary to comply with the requirements of such corporation or
agency, provided that the changes made substantially conform to such request
or suggestion. Notwithstanding anything else herein to the contrary, only the
Declarant, during the Declarant Control period, shall be entitled to amend this
Declaration pursuant to this section.
10

ARTICLE VI
USE RESTRICTIONS, ARCHITECTURAL CONTROL AND MAINTENANCE
Section 1 Architectural Control and Maintenance After the period of Declarant
Control, the Association shall have the right and obligation to control the development
and appearance in the Planned Community, subject to the following minimum guidelines:
A. Approval of plans for building and site improvements. No house plans
will be approved unless the proposed house shall have a minimum 1000 square
feet of enclosed heated square feet, which shall be the total enclosed area within a
dwelling, provided, however, that such term does not include terraces, decks,
open porches, and like areas, provided further, that shed -type porches, even
though attached to the house are specifically excluded from the definition of the
aforesaid term "heated square footage".
B. Since the establishment of inflexible building setback lines for
location of houses on Lots tends to force construction of houses directly to the
side of other homes with detrimental effects on privacy, view, preservation of
important trees and other vegetation, ecological and related considerations, no
specific setback lines shall be established by this Declaration. In order to assure,
however, that the foregoing considerations are given maximum effect, the site and
location of any house or dwelling or other structure upon any Lot shall be
controlled by and must be approved absolutely by the Declarant, and after the
period of Declarant control, by the Architectural Review Committee; provided,
however, that no structure shall be constructed closer to a Lot Line than is
permitted by applicable governmental regulations.
C. The exterior of all dwellings and other structures must be completed
within twelve (12) months after the construction of same shall have commenced,
except where such completion is impossible or would result in great hardship to
the Owner or builder, due to strikes, fires, national emergency, natural calamities,
or complexity of design and construction.
D. Penes shall be permitted on any Lot; provided, however, that the
design, placement, and materials of any fence are approved by the Declarant, and
after the period of Declarant control, by the Architectural Review Committee. No
fence shall be permitted any further forward the front corners of the house on the
lot. No chain link fences may be visible from the streets that border the lot.
Clotheslines are permitted on lots, however, no clothesline may be visible from
the streets that border the lot upon which the clothesline is located.

E. Off street parking for not less than (2) two passenger automobiles
must be provided on each lot prior to the occupancy of any dwelling constructed
on said lot which parking areas and the driveways thereto shall be constructed of
concrete, brick, asphalt, or turf stone, or any other material approved by the
Declarant, and after the period of Declarant control, by the Architectural Control
Committee.
F. The Declarant may, at its option, construct and install sprinkler
systems upon some or all of the lots in the development. However after a lot with
a sprinkler system has been, conveyed by Declarant, it shall be the sole duty and
responsibility of the lot owner to thereafter operate and maintain the said system
in good operational order and repair, including the repair and replacement of all
parts and materials for the irrigation wall and the entire system,
G. It shall be the continuing duty and responsibility of the lot owner to
landscape and maintain their lawns and environment in the manner that has been
approved by the Declarant, and after the period of Declarant control, by the
Architectural Control Committee.
Section 2 - Use Restrictions
A. LAND USE AND BUILDING TYPE No lot shall be used for any
purpose other than residential purposes, subject, however, to the rights of the
Declarant contained herein, and the right to convert lots to Common Area, or a lot
for access to adjacent property. All numbered Lots are restricted for construction
of one single family dwelling not to exceed two stories in height (plus such
detached garages and other accessory buildings as may be approved in their sole
discretion by the Declarant, and after the period of Declarant control, by the
Architectural Control Committee).
B. NUISANCES No noxious or offensive activity shall be carried on
upon any lot, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood. There shall not be maintained any
plants or animals, nor device or thing of any sort whose normal activities or
existence are in any way noxious, dangerous, unsightly, or of other nature as may
significantly diminish or destroy the enjoyment of other lots by the owners
thereof. It shall be the responsibility of each owner to prevent the development of
any unclean, unsightly of unkept condition of buildings or grounds on the
Owner's lot which would tend to decrease the beauty of the neighborhood as a
whole or the specific area.
C. TEMPORARY STRUCTURES No structure of a temporary
character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be
used on any lot any time as a residence whether temporarily or permanently
without the written consent of the Declarant, and after the period of Declarant
control, by the Association.
12

D. ANIMALS No animals, livestock or poultry of any kind shall be
kept or maintained on any Lot or in any dwelling except domestic dogs and cats,
or other household pets, provided they are not kept or maintained for commercial
purposes, or in such numbers as to create a nuisance prohibited by B., above.
E. TELEVISION SATELLITE DISHES AND OUTSIDE
ANTENNAS No yard statuary or TV satellite signal receiving dishes are
permitted on any lot and no outside radio or television antennas shall be erected
on any lot or dwelling unit unless and until permission for the same has been
granted by the Declarant, and after the period of Declarant control, by the
Architectural Control Committee; provided, however satellite dishes under 18" in
diameter which cannot be seen from the street are permitted.
F. EXTERIOR LIGHTS All light bulbs and other lights installed on
any fixture located on the exterior of any building or any lot shall be of clear,
white, non -frost or yellow bug bulbs.
G. SIGNS No signs (including "for rent" or "for sale" signs) shall be
permitted on any lot or in the common area without permission of the Executive
Board, provided, however the Declarant may, so long as it owns any lot, maintain
for sale signs on Declarants lots and signs on its lots and in the common area
generally advertising the planned community.
H. JUNK VEHICLES No inoperable vehicle will be permitted on
the premises. The Association shall have the right to have all vehicles towed away
at the owner's expense.
I. SUBDIVIDING Subject to any rights reserved by the Declarant
herein, no lot shall be subdivided, or its boundary lines be changed except with
the prior written consent of the Declarant during the Declarant control period and
thereafter by the Board of Directors of the Association.
J. FENCING In order to maintain compliance with all stormwater
permits, no fencing will be allowed on the drainage and access easements
between the common area/pool lot and lot 30 and along the pond edge at the rear
of lots 23, 24, 25, 26, 27, 28, and 29.
K. IMPERVIOUS SURFACE No more than 3600 square feet of any
lot shall be covered by structures or impervious materials. This allotted amount
includes any built upon areas constructed within the property boundaries, and that
portion of the road right-of-way between the front lot line and the edge of the
pavement. Impervious materials include, but is not limited to, structures, asphalt,
gravel, concrete, brick, stone, slate, coquina, parking areas, or similar material but
do not include raised open wood decking or the water surface of swimming pools.
Built upon area in excess of the permitted amount requires a state stormwater
management permit modification prior to construction.
All runoff from the built upon areas on the Lot must drain into permitted
systems. This may be accomplished through the use of roof drain gutters which
drain to the street, grading the lot to drain toward the street, or grading perimeter
swales to collect lot runoff and directing them into the stormwater system, or into
the street. Lots that naturally drain toward the street are not required to provide
these additional measures.
13

L. SWALES. Swales shall not be filled in, piped, or altered except as
necessary to provide driveway crossing.
M. STOP
MWATER All permitted runoff' from out parcels or future
development shall be directed into the permitted stormwater control system.
These connections to the stormwater control system shall be performed in a
manner that maintains the integrity and performance of the system as permitted.
N. MECHANICS No mechanical or maintenance work shall be done
on cars or other machinery or equipment in the front or side yard of any home,
or in the street in front of any Lot.
O. BOATS AND RECREATIONAL VECHILES Boats, recreational
vehicles, and other similar vehicles shall only be parked on driveways or on pads,
the design and location of which must be approved by the Declarant, and after the
-period of Declarant control, by the Architectural Review Committee, and may not
be parked in the front or side yard, or in the street in front of any Lot.
P. LEASES No property shall be leased for less than 6 months.
Q. MODULAR AND MOBILE HOMES No modular or mobile
homes shall be placed on any lot.
R. WINDOW TREATMENTS Permanent window treatments must
be installed on all new homes within 30 days of occupancy.
S. EXTERIOR MAINTENANCE Each lot owner shall maintain the
exterior of all buildings, walls, and other improvements on his lot in good
condition and repair, and shall replace worn and rotten parts and shall regularly
repaint all painted surfaces and shall not permit the roofs, rain gutters,
downspouts, exterior walls, windows, doors, or other exterior portions of the
improvements to deteriorate in an unattractive manner. The maintenance
referenced herein may be supervised and regulated by the SNOWS CUT
LANDING HOMEOWNERS ASSOCIATION, INC., as hereinafter provided and
herein -after referenced as "the Association". In the event that the lot owner shall
fail to comply with these maintenance requirctinents, the Association is hereby
expressly authorized, and the lot owner hereby expressly agrees, that said
maintenance and/or repair may be effected by the said Association with the
expenses incurred for the same to be assessed against the individual lot owner as a
special assessment and subject to the regulations regarding liens and assessments
as herein set forth.
ARTICLE V1I
STORMWATER/R.UNOFF FACILITIES
Section 1 Transfer of Permit The Association and each of its Members agree
that at anytime after (i) all work required under the Stormwater Permit has been
completed (other than operation and maintenance activities), and (ii) the Declarant is not
prohibited under DENR regulations from transferring the Stormwater Permit to the
Association, the Association's Manager shall, without any vote or approval of Lot
Owners, and within 10 days after being requested to do so, sign all documents required
14

by DENR for the Stormwater Permit to be transferred to the Association. If the
Association fails to sign the documents required by this paragraph, the Declarant shall be
entitled to specific performance in the courts of North Carolina requiring that the
Association Manager signs all documents necessary for the Stormwater Permit to be
transferred to the Association. Failure of the Manager to sign as provided herin shall not
relieve the Association of its obligations to operate and maintain the stormwater facilities
covered by the Stormwater Permit.
Section 2 Hold Harmless The stormwater retention/detention pond(s) and
related facilities constitute Common elements/Area, and the Association is responsible
for operation and maintenance of such. The Association shall indemnify and hold
harmless the Declarant, its successors and assigns, from any obligation and costs for
operation and maintenance under the stormwater permit after the pen -nit is transferred to
the association, as provided for above
ARTICLE VIII
LOTS SUBJECT TO DECLARATION/ENFORCEMENT
Section 1 Lots subject to declaration. The covenants and restrictions contained in
this declaration are for the purpose of protecting the value and desirability of the planned
community and the lots. All present and future owners, tenants and occupants of lot and
their guests or invitees, shall be subject to, and shall comply with the provisions of the
Declaration, as the declaration may be amended from time to time, and all Rules and
Regulations set by the Declarant, or Executive Board after the period of Developer
Control. The acceptance of a deed of conveyance, or the entering into of a lease or the
entering into occupancy of any lot, shall constitute an agreement that the provisions of
the Declaration are accepted and ratified by such owner, tenant, or occupant. The
covenants and restrictions of this Declaration shall run with and bind the land and shall
bind any person having as any time any interest or estate in any lot, their heirs, successors
and assigns, as though such provisions were made a part of each and every deed of
conveyance or lease, for a term of twenty (20) years form the date this Declaration is
recorded, after which time they shall be automatically extended for successive periods of
ten (10) years, unless amended or terminated by the Lot Owners.
Section 2 Miscellaneous Failure by the association, or by an owner, to enforce
any covenant or restriction herein contained shall in no event be deemed a waiver of the
right to do so thereafter. The remedies provided herein are cumulative and are in addition
to any other remedies provided by law.
ARTICLE VIII
RIGHTS OF INSTITUTIONAL LENDERS
15

Institutional lender or Institutional lenders as the term is used herein, shall mean
and refer to banks, savings and loans, savings banks, insurance companies, the veteran's
administration, the Federal Housing Authority, the Federal National Mortgage
Association, and other reputable mortgage lenders, guarantors, and insurers of such first
mortgages. 5o long as any Institutional Lender or Institutional Lenders shall hold any
mortgage upon any lot, or shall be the owner of any lot, such Institutional Lender or
lenders shall have the following rights.
A. To be fuznished with at least one copy of the Annual Financial statement and
report of the association, including a detailed statement of annual carrying
charges or income collected and operating expenses, such financial statement
and report to be famished by April 15'h of each calendar year.
B. To be given notice of the association of the call of any meeting of the
membership to be held for the purpose of considering any proposed
Amendment to the Declaration, or the Articles of Incorporation and Bylaws of
the Association, which notice shall state the nature of the amendment being
proposed, and to be given permission to designate a representative to attend
all such meetings.
C. To be given notice of default in the payment of assessments by an owner of a
lot encumbered by a mortgage held by the institutional lender or lenders, such
notice to be given in writing and to be sent to the principle office of such
Institutional lender or lenders, or to the place which it or they may designate
in writing to the Association.
D. To inspect the books and records of the Association and the Declaration,
bylaws and any rules and regulations during normal business hours, and to
obtain copies thereof, for a reasonable copying fee.
E. To be given notice by the Association of any substantial damage to any part of
the common area.
F. To be given notice by the association if any portion of the common area is
made the subject matter of any condemnation of eminent domain proceedings
or is otherwise sought to be acquired by a condemning authority.
ARTICLE IX
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have
the right to enforce, by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations, liens and charges now or hereafter imposed
by the provisions of this Declaration. Failure by the Association or by an owner
or enforce any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter.
16

Section 2. Severability. invalidation of any one of these covenants
or restrictions by judgment or court order shall in no way affect any other
provision which shall remain in full force and effect.
Section 3. Amendment of Covenants, Except as otherwise provided
in these Covenants, -the terms herein may not be amended during the period of
Developer Control. After the period of Developer Control the terms herein may
not be amended unless seventy five percent (75%) of the Lot Owners agree to
such amendment at a meeting duly called for the purpose of voting on such
changes. Any amendment approved shall be evidenced by a writing setting out
such amendment, which shall be signed by all Lot owners approving, and which
writing shall be recorded in the Registry of New Hanover County. In no event
shalt any amendment be effective to remove or modify any of the Declarant's
rights without the written approval of the Declarant.
17

IN WITNESS WHEREOF, SECOF, LLC, the Declarant has caused this
instrument to be executed by its duly authorized Member/Managers(s), all the
day and year first above written.
SECOF, LLC
By: Bermlac, Inc., Member - Mananger
By:
Its: air CS 19A,,, +
STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER
I, A,a14c#_n_ Dw L, _, , a Notary Public in and for the
aforesaid State and County of A) o.%A aiwo ee , do hereby certify that
K" CoMr came before me this day and
acknowledged that he is pr-8uLwai- of BERMLAC,
INC., the Member/Manager of SECOF, LLC, a North Carolina Limited Liability
Company, and that by authority duly given and as the act of the company, the
foregoing instrument was signed in its name by him as its president of the
Member/Manager.
Witness my hand and official stamp or seal, this the 1 day of
Agri 22005.
Aft
y
Notary Public Wum
My commission expires: 1 tl S
IIFSIISYSIAPPSIMSWDOCS1RobertlSnowa Cut Landing - By RC.doc
18

PRIVATE STREETS DISCLOSURE STATEMENT
Pursuant to North Carolina General Statute Section 136.102.6, Seller
hereby discloses that all street and roads within Snows Cut Landing
subdivision are private streets.
Maintenance of said private streets shall be the responsibility of the
Home Owners Association.
Construction of the said private streets shall be the responsibility of the
Developer.
ACKNOWLEDGED BY THE BUYER(S)
Date:

EXHIBIT "A"
Being all of Snows Cut Landing as recorded in Book at
Page It - in the New Hanover County Registry.
20

REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration:
Book:
Document No.:
Recorder:
WILMINGTON, NC 28401
04/0412005 09:50:17 AM
RE 4743 Page: 67-87
2005016695
D£CL 21 PGS $71.00
ANDREA FULFORD
State of North Carolina, County of New Hanover
The foregoing certificate of AMANDA PEELER Notary Is certified to be correct. This 4TH of April 2005
REBECCA P. SMITH. REGISTER OF DEEDS
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2005016695*
2005016695

Memo
To: Ms. Linda Lewis, NCDENR
From: JOSEPH S. HILL, JR., P.E.
CC:
R,F,C;`�IVED
F>r R $ '
BY:
Date: 2/28/2003
Re: Revised Stormwater Application Form, Snows Cut Landing Subdivision, SECOF,LLC
Please find attached an original and copy of a revised application for this project, in response to
your Feb 3,2003 letter to us regarding the allowed signatory. Mr. Kenneth Coffer has signed the revised
application, and that is the only change. The Wet Detention Basin Supplement is also included.
Please contact me if you need additional information. ( 799-1544 voice, 799-1551 fax )

JOSEPH S. HILL, JR. AND ASSOCIATES
CONSULTING ENGINEERS and PLANNERS
1602 HARBOUR DRIVE
WILMINGTON, NORTH CAROLINA 28401
TELEP140NE 910-799-1544
FAX [phone]
May 11, 2005
Mr. Rick Shiver
Regional Supervisor
NCDENR-DWQ
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Subject: Engineer's Certification for Completion
Stormwater Permit No. SW8-021026
Snows Cut Landing Subdivision
New Hanover County
Dear Mr. Shiver:
MAY 1 3 20u-i
Please find attached one (1) original and one (1) copy of subject completion
certification and checklist for your records. Please contact me if you have any
questions or need additional information.
JSH/pat
Cc: SECOF, LLC
Sincerely,
JOSEPH S. HILL, JR. and ASSOCIATES
5,Att:U,�.
Jose S. Hill, Jr., P.E.
NCDENR.SHNER.051105.doc

rQF WArF9p Michael F. Easley, Governor
�O G William G. Ross, Jr., Secretary
co 7� North Carolina Department of Environment and Natural Resources
> y
Alan W. Klimek, P.F. Director
Division of Water Quality
May 17, 2005
Mr. Ken Coffer, Managing Member
SECOF, LLC
1202 North Lake Park Boulevard
Carolina Beach, NC 28428
Subject: REQUEST FOR RECORDED DEED RESTRICTIONS
Snows Cut Landing Subdivision
Stormwater Project No. SW8 021026
New Hanover County
Dear Mr. Coffer:
On March 7, 2003, the Wilmington Regional Office issued a Stormwater Management Permit
to you for Snows Cut Landing Subdivision. Per the requirements of the permit, a copy of the
recorded deed restrictions must be forwarded within 30 days of the date of recording. A review
of our files indicates that, as of this date, a copy of the recorded deed restrictions has not been
received in this Office. The necessary language for recording can be found in Section 11.15 of
your -permit.
Failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots is a
violation of your permit, and subject to enforcement action. Please forward a copy of the
recorded deed restrictions to this Office at the address below by June 17, 2005, or
enforcement action may be initiated and may include recommendations for civil penalties and
revocation of the permit.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
ENB/arl- S:1WQSISTORMWATIDEEDREST1021026.may05
cc: Town of Carolina Beach Building Inspections
Wilmington Regional Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 2-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX f919) 733-2496 fnternet: h2o.enr,state.nc.us
An Equal Opportuno/Afiirmative Action Employer— 50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturally

P. 1
* * * COMMUNICATION RESULT REPORT ( FEB. 3.2003 11:45AM )
FILE MODE OPTION
2-122 MEMORY TX
----------------------------------------
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSI4ER
Date: February 3, 20
To: Mike iVTarsh
Company: Joseph ]
FAX #: 799-155
DWQ Stormwater
Project Name:
MESSAGE:
Dear Mike-,
ADDRESS (GROUP)
---1----------
9----
TTI NCDENR WIRO
RESULT PAGE
---- ---
OK------P 1i2
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Michael F. Easley, Govemor
William G. Ross, Jr. Secretary
North Car©lina Department of Environment and Natural F esources
FAX COVER SHEET
and Associates
Number: SW8 021026
's Cut Landing
Alan W. Klimek P.E., Director
Division o? Water Quality
Wilmington Regional Office
No. of Pages: I
From: Linda Lewis
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
I am still confused abouf the standing of Southeastern Enterprises, Inc., in SECOF, LLC, Because
SECOF is supposed to �e a member -managed LLC, (filed August 4, 1998) all members are
managers. However, I op find no evidence that Southeastern Enterprises, Inc., is a member of
SECOf-, LLC. The doe imentation you sent me only indicates that Southeastern is one of the
organizers executing t14 articles of incorporation, and that ;Matthew T. Murphy is the registered
agent.

OF
WAr�9
Q�
�� —f
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
FAX COVER SHEET
Date: February 3, 2003
To: Mike Marsh
Company: Joseph Hill and Associates
FAX #: [phone]
DWQ Stormwater Project Number: SW$ 021026
Project Name: - Snow's Cut Landing
MESSAGE:
Dear Mike:
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
No. of Pages: I
From: Linda Lewis
Water Quality Section - Stormwater
FAX [phone]
Phone # [phone]
I am still confused about the standing of Southeastern Enterprises, Inc., in SECOF, LLC. Because
SECOF is supposed to be a member -managed LLC, (filed August 4, 1998) all members are
managers. However, I can find no evidence that Southeastern Enterprises, Inc., is a member of
SECOF, LLC. The documentation you sent me only indicates that Southeastern is one of the
organizers executing the articles of incorporation, and that Matthew T. Murphy is the registered
agent.
Additionally, the Annual Report for SECOF, filed on September 17, 2002, shows Ken Coffer as
the Managing Member, and Bertram Murphy as just a member. It appears that SECOF has
become a Manager managed LLC. If true, then only Ken Coffer, as the manager of the LLC, can
sign the application, or a letter of authorization allowing Matthew Murphy to sign on his behalf..
S:1WQSISTORM WATIADD1NF0120031021026.FEB03
A
NIEDENIR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

P. 1
FILE MODE
-034~-MEMORY TX
* * * COMMUNICATION RESULT REPORT ( JAN.22.2003
OPTION
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
WAT$,:6
�o 7
Date: January 22,
To: Mike Marsh
Company: Josep
FAX #: 799-1
DWQ Stormwater
Project Name:
MESSAGE:
Dear Mike:
ADDRESS (GROUP)
------ 9-7991551
1:49PM )
TTI
RESULT
--------O-
K
NCDENR WIRO
PAGE
- - P.
.1f1
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Michael F. Easley, Governor
William G. Ross, Jr. Secretary
North Carolina Department of Environment and Natural Resources
Alan W. IQimek P.E., Director
Division o? Water Quality
Wilmington Regional Office
FAX COVER SHEET
Mill and Associates
ect Number: SW$ 021026
lows Cut Landing
No. of Pages: 1 Revised
From: Linda Lewis
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
Did you get my secon fax of January 10? 1 had left: something off of the first one, so I resent it.
X added the following equest;
Mr, Matthew Murphy is not listed on the latest filings (2002 Annual Report) with the Secretary
of State as a member of SECOF, LLC. Please either provide documentation of his status, or
-A 1 .a+, .C..,+1,..:..+: ,« &...,,, +1,. —,,. -- n� «,.o,.;A—+ -VA— T T !'

of
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
FAX COVER SHEET
Date: January 22, 2003
To: Mike Marsh
Company: Joseph Hill and Associates
FAX #: [phone]
DWQ Stormwater Project Number: SW8 021026
Project Name: Snows Cut Landing
MESSAGE:
Dear Mike:
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
No. of Pages: 1 Revised
From: Linda Lewis
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
Did you get my second fax of January 10? I had left something off of the first one, so I resent it.
I added the following request:
Mr. Matthew Murphy is not listed on the latest filings (2002 Annual Report) with the Secretary
of State as a member of SECOF, LLC. Please either provide documentation of his status, or
provide a signed letter of authorization from the member -manager or president of the LLC.
S:1 WQSISTORM WATIADDINF0120031021026-2.JAN03
,NCDENR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

JOSEPH S. HILL, JR. AND ASSOCIATES
CONSULTING ENGINEERS and PLANNERS
16021IARBOUR DRIVE
WILMINGTON, NORTH CAROLINA 28401
TELEPHONE [phone]
FAX [phone]
January 21, 2003
Ms. Linda Lewis
N.C.D.E.N.R.
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Subject: Snow's Cut Landing
Stormwater Permit Application
Deed Restrictions and Covenants
Dear Ms. Lewis:
RECEIVED
JAN 2 2 2003
Pxaa # 56U 8 0 Z 102 G�
Enclosed is a copy of the proposed Deed Restrictions and Covenants.
Please include these with our Stormwater Permit Application for Snow's Cut
Landing and continue with your review.
Please do not hesitate to contact me if you have any questions.
JSH/pat
Sincerely,
JOSEPH S. HILL, JR. and ASSOCIATES
I . WA S. "-
Joseph S. Hill, Jr., P.E.
LEWIS.012103.doc

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DECLARATIONS OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF SNOWS CUT LANDING
This Declaration, made this day of November 2002, by SECOF, LLC, A
North Carolina Limited Liability Company, hereinafter referred to as "Declarant";
WHEREAS, Declarant is the owner of certain property in New Hanover County,
North Carolina, Which is more particularly described as follows:
SEE EXHIBIT "A" ATTACHED AND MADE A PART HEREOF
NOW, THEREFORE, Declarant hereby declares that all of the properties
described above shall be held, sold and conveyed subject to Chapter 47F of the General
Statutes of North Carolina known as the North Carolina Planned Community Act and
subject to the following easements, covenants, and conditions, which are for the purpose
of protecting the value and desirability of, and which shall run with the real property and
be binding on all parties having any right, title or interest in the described properties or
any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each
owner thereof.
ARTICLE I
DEFINITIONS
As used herein, the following terms shall mean
Section 1 ASSOCIATION shall mean and refer to SNOWS CUT LANDING
HOA, INC., a North Carolina non-profit corporation its successors and assigns, the
owners' association organized for the mutual benefit and protection of all the Properties.
All property owners of lots in SNOWS CUT LANDING and any adjoining areas
hereinafter developed and subjected to this declaration, if any, shall be members of the
association, which membership shall be appurtenant to and may not be separated from the
ownership of each single family or multi family lot.

Section 2 OWNER shall mean and refer to the record owner, whether one or more
persons or entities, of fee simple title to any lot which is part of the Properties, including
contract sellers, but excluding those having such interest merely as security for the
performance of an obligation.
Section 3 PROPERTIES shall mean and refer to all of SNOWS CUT LANDING
as described above, and any additional properties that may hereafter be brought within
the jurisdiction of the Association as herein provided.
Section 4 ADDITIONAL PROPERTIES shall mean and refer to any lands
adjoining the Properties or within a one -mile radius thereof, which now are owned or
may be hereafter acquired or developed by the Declarant and annexed to and made a part
of the properties by the Declarant and subjected to this declaration. No additional
properties annexed without prior approval of HUD/VA. The annexation of such
additional properties shall become effective by the recording by the Declarant of an
amended declaration for each new section annexed.
Section 5 COMMON AREA shall mean and refer to all real property owned by
the Association for the common use and enjoyment of the owners. The common area to
be owned by the Association at the time of the conveyance of the first lot shall be all the
area designated as "common area" on the plat or plats of SNOWS CUT LANDING, if
any, recorded or to be recorded in New Hanover County Registry.
Section 6 COMMON EXPENSES means expenditures made by or financial
liabilities of the Association, together with any allocations to reserves.
Section 7 DECLARANT shall be used interchangeably with developer (which
designates shall include singular, plural, masculine and neuter as required y the context)
and shall mean and refer to SNOWS CUT LANDING, and its successors and assigns, if
such successors and assigns should acquire undeveloped property from the Declarant for
the purpose of development.
Section 8 DECLARATION shall mean this instrument as it may be from time to
time amended or supplemented.
Section 9 EXECUTIVE BOARD shall be used interchangeably with the board of
directors and means the body, regardless of name, designated in this Declaration or
otherwise to act on behalf of the association.
Section 10 MEMBERSHIP shall mean and refer to every person or entity that has
a membership in the Association.
Section 11 SPECIAL DECLARANT RIGHTS means rights reserved for the
benefit of the Declarant including without limitation the right (i) to complete
improvements intended or planned by Developer for the property or additional
property;(ii) to exercise any development or other right reserved to the Declarant by this
1)

Declaration of otherwise, (iii) to maintain within the Planned community sales offices,
management offices, construction offices/trailers, signs advertising the Planned
community; and models; (iv) to use the common elements for the purpose of making
improvements within the planned community;(v) to make the planned community part of
a larger planned community or group of planned communities;(vi) to make the planned
community subject to a master association;(vii) to appoint or remove any officer or
executive Board member of the Association or any other Master Association during the
Declarant control period.
Section 12 LIMITED COMMON AREAS AND FACILTIES shall mean and
include the common areas and facilities which are reserved for the use of a certain unit or
unit to the exclusion of other units, as more specifically defined hereon.
ARTICLE II
PROPERTY RIGHTS AND EASEMENTS
SECTION 1 OWNERS PROPERTY RIGHTS AND EASEMENT OF
ENJOYMENT. Every owner shall have and is hereby granted a right and easement of
enjoyment in and to the common areas, if any, which shall be appurtenant to and shall
pass with the title to every lot, subject to the following provisions:
A. The Association may make and amend reasonable rules and regulations
governing use of the common elements by the owners and non -owner
members;
B. The right of the association to suspend the voting rights and privileges of an
owner for any period during which any assessment against his lot remains
unpaid and for a period not to exceed (60) days for any refraction of its
published rules and regulations;
C. The Association may grant a security interest in or convey the Common areas,
or dedicate or transfer all or part of the common areas, to any public agency,
authority or utility for such purposes and subject to such conditions as may be
agreed to by at least (80%) eighty percent of the members, excluding the
developer; provided, however, that the Association may without the consent
of the Owners grant easements, leases, licenses and concessions through or
over the common areas. No conveyance or encumbrance of common
elements shall deprive any Lot of its rights of access or support.
D. The right of the Association to impose regulations for the use and enjoyment
of the common area, if any, and improvements thereon, which regulation may
further restrict the use of the common area.
Section 2. EASEMENTS IN FAVOR OF DECLARANT AND THE
ASSOCIATION. The following easements are reserved to Declarant and the
Association, their agents, contractors, employees, successors and assigns.
3

A. The Declarant reserves the unto itself, its successors and assigns, a
perpetual, alienable, and releasable easement and right of way, on,
over, and under the ground for men and equipment to erect, maintain,
inspect, repair, and use electric and telephone pole, wires, cables,
conduits, fences, sewers, water mains and other suitable equipment for
the conveyance and use of electricity, telephone equipment, gas,
sewer, water or other public conveyances or utilities on, in of over
each lot and such other areas as are shown on the plat, of the properties
recorded or to be recorded in the office of the register of Deeds of New
Hanover County, provided further, that the Declarant may cut drain
ways for surface water whenever such action may appear to the
Developer to be necessary in order to maintain reasonably standards of
health, safety, and appearance. These easements and rights of way
expressly include the right to cut any trees, bushes or shrubbery, make
any grading of the soil, or take any other similar action reasonably
necessary to provide economical and safe utility installation and to
maintain reasonable standards of health, safety and appearance. The
Declarant further reserves the right to locate wells, pumping stations,
and tanks within residential areas on any walkway, or on any
residential lot now or subsequently designated for such use or to locate
same upon any lot with the permission of the owner of such lot. Such
rights may be exercised by any licensee of the Declarant, but this
reservation shall not be considered an obligation of the Declarant to
provide or maintain any such utility of service.
B. The developer reserves the right to subject the real property in this
subdivision to a
contract with the Carolina power and Light for the installation of
street lighting,
which requires a continuing monthly payment to Carolina Power
and Light by
each residential customer.
C. Easements over all private streets, if any, access easements, and the
common area within the planned community as necessary to provide
access, ingress and egress to and the installation of utilities for any
property.
D. All easements and rights described herein are perpetual easements
appurtenant, running with the land, and shall inure to the benefit of and
be binding on the Declarant and the Association, their successors and
assign, and any and owner, purchaser, Mortgagee, and other person
having an interest in the Planned community, or any part or portion
thereof, regardless of whether or not reference is made in the
respective deeds of conveyance, or in any mortgage or trust deed or
4

other evidence of obligation, to the easements and rights described in
this declaration.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1 Every owner of a lot shall be a member of the association. Membership
shall be appurtenant to and may not be separated from ownership of any lot.
Section 2 Each member shall be entitled to one vote in the affairs of the
association for each lot owned. When more than one person holds an interest in any lo,
all such persons shall be members. The vote for such lot shall be exercised as the owners
of such lot among themselves determine, but in no event shall more than one vote be cast
with respect to any lot.
ARTICLE IV
MANAGEMENT AND CONTROL
Management for the affairs of the Association shall be the right and responsibility
of its board of directors in accordance with the declaration and the by-laws; PROVIDED,
HOWEVER, that all of the powers and duties of the Board of Directors may be exercised
by the Declarant until such time as 75% of the lot have been sold and conveyed by the
Declarant to purchasers or until December 2007, whichever occurs first. Management
and control may be transferred to the lot owners at any time but no later than 36 months
after the happening of either of the above events.
ARTICLE V
COVENANTS AND ASSESSMENTS
Section 1 Creation of the lien and personal obligation for assessments. Each lot
owner covenants and agrees to pay to the Association the following assessments
(collectively the "assessments"):
A. Annual assessments.
B. Special assessments.
C. Insurance assessments.
D. Ad valorem Tax assessments.
E. Working capital assessments.
,These assessments together with interest, costs, and reasonable attorney's fees,
shall be a charge on the land and shall be a continuing lien upon the respective
Lot against and reasonable attorney's fees shall also be the personal obligation of
the person who was the owner of such lot at the time the assessment fell due. The

personal obligation for delinquent assessments shall not pass to the owner's
successors in title unless expressly assumed by them.
Section 2 PURPOSE OF ANNUAL ASSESMFNTS The annual
assessments levied by the association shall be used exclusively to promote the
recreation, health, safety and welfare of the owners and residents of the planned
community and for the maintenance, repair, and replacement of the common
elements and any limited common elements. The funds arising from said
assessments of charges, may be used for any or all of the following purposes:
Operations, maintenance and improvements of the common areas and any limited
common areas, including payment of utilities, enforcing this declaration: paying
taxes, insurance premiums, legal and accounting fees and governmental charges:
establishing working capital: paying dues and assessments to any organization or
master association of which the Association is a member, and in addition, doing
any other things necessary or desirable in the opinion of the Association to keep
the common areas and limited common areas in good operating order and repair.
Section 3 Annual assessments Annual assessments shall be in an amount
to be fixed from year to year by the Board of Directors which may establish
different rates from year to year as it may deem necessary for the purposes set
forth in Section 2 above. The amount of the annual assessment against each lot
for any given year shall be fixed at least 30 days in advance of the annual
assessment period, provided, however that the first annual assessment shall be set
prior to the conveyance of the first lot to an owner at or prior to the closing of
their lots. Written notice of each annual assessment thereafter shall be sent to
every owner subject thereto. The due date shall be established by the Board of
Directors and the Board of Directors shall have the authority to require the
assessments to be paid in pro rata monthly installments. The Association shall
upon demand, and for a reasonable charge furnish a certificate signed by an
officer of the Association setting forth whether the assessments on a specifies lot
have been paid.
Section 4 Special assessments for ca ital improvement In addition to the
annual assessments authorized above, the association may levy, in any assessment
year, a special assessment applicable to the year only for the purpose of defraying
in whole or in part, the cost of any common area. Any such assessment shall have
the assent of two-thirds of the votes of the members who are voting in person or
by proxy at a meeting duly called for this purpose.
Section 5 Insurance Assessments The Board of Directors on behalf of the
Association as a common expense, shall at all times keep the property of the
Association, if any, insured against loss or damage by fire or other hazards and
other such risks, including, but not limited to, directors' liability and public
liability insurance, upon such terms and for such amounts as may be reasonably
necessary from time to time to protect the Properties and common area, which
R

insurance shall be payable in case of loss to the Association for all the members.
The Association shall have the sole authority to deal with the insurer in the
settlement of all claims. Such insurance shall be obtained without prejudice to the
right of each member to insure his personal property for his own benefit at his
own expense. In no event shall the insurance purchased by the members or their
mortgages. The Association reserves the right to assess members in an amount
sufficient to pay the cost of all such deductibles and insurance premiums not
included as a component of the annual assessment. These insurance assessments
shall include but are not limited to Ad velorem tax assessments.
Section 6 Rate of Assessment The Association may differentiate in the
amount of Assessments charged when a reasonable bases for distinction exists,
such as between vacant lots and those with completed structures which can legally
be occupied, or when any other substantial difference as a ground of distinction
exists between lots. However, Assessments must be fixed at a uniform rate for all
lots similarly situated.
Section 7 Commencement of Assessments Assessments for each lot shall
commence upon the date of acceptance by an owner of a deed from
Declarant.
Section S Effect of nonpayment of assessments and remedies of the
Association Any Assessment not paid within Thirty (30) days after the due date
shall bear interest from the due date at the highest interest rate allowable by law.
The Association may bring an action at law against the owner personally
obligated to pay the same, and/or foreclose the lien against the property and may
pursue any other legal of equitable remedy available. No owner may waive or
otherwise escape liability for the assessments provided for herein by nonuse of the
Common area or by abandoning his lot. The association may also establish and
collect late fees for delinquent installments.
Section 9 Lien for Assessments. The Association may file a lien against a
lot when any assessment levied is left unpaid for a period of 30 days or longer.
A. The lien shall constitute a lien against the Lot when and after the claim
of lien is filed of record in the office of the Clerk of Superior Court of
the county in which the Lot is located. The Association may foreclose
the claim of lien in like manner as a mortgage on real estate under
power of sale under article 2A of chapter 45 of the General statutes.
Fees, charges, late charges fines, interest, and other charges imposed
pursuant to Sections 47F-3-102, 47F-3-107, 47F-3-107.1 and 47F-3-
115 of the Act are enforceable as Assessments.
B. The lien under this section shall be prior to all liens and encumbrances
on a lot except (i) liens and encumbrances (specifically including, but
not limited to, a mortgage or deed of trust on the lot) recorded before
7

the docketing of the claim of lien in the office of the Clerk of Superior
court, and (ii) liens for real estate and other governmental assessments
and charges against the lot.
C. The lien for unpaid assessments is extinguished unless proceedings to
enforce the tax lien are instituted within three years after the docketing
of the claim of lien in the office of the Clerk of the Superior Court-
D. Any judgment, Decree, or order in any action brought under this
section shall include costs and reasonable attorneys' fees for the
prevailing party.
E. Where the holder of a first mortgage or deed of trust of record, or other
purchaser of a lot obtains title to the Lot as a result of foreclosure of a
first mortgage or deed of trust, such purchaser and its heirs, successors
and assigns shall not be liable for the Assessments against the Lot
which became due prior to the acquisition of title to the Lot be such
purchaser. The unpaid assessments shall be deemed to be common
expenses collectible from all of the Lot Owners including such
purchaser, its heirs successors or assigns.
F. A claim of lien shall set forth the name and addresses of the
association, the name of the record owner of the Lot at the time the
claim of lien is filed, a description of the Lot and the amount of the
lien claimed..
ARTICLE V
RIGHTS OF DEVELOPER
The Declarant shall have, and there is hereby reserved to the Declarant, the
Special Declarant Rights as herein defined and the following rights, powers, and
privileges which shall be in addition to the Special Declarant rights and any other rights,
powers, and privileges reserved to the Declarant herein:
Section I The Architectural Control Committee/Executive Board All duties and
responsibilities conferred- upon the Architectural control Committee by this Declaration
or the Bylaws of the Association shall be exercised and performed by the Declarant or its
designee, so long as Declarant shall own any Lot within the property or any Additional
property. The Declarant shall be entitled during the Declarant control period to appoint
and remove the officers and members of the Executive board.
Section 2 Plan of planned Community The right to change, alter or redesignate
the allocated planned, platted, or recorded use or designation of any of the lands
constituting the Planned Community including, but not limited to, the right to change,
alter or redesignate road, utility and drainage facilities and easements and to change, alter
or redesignate such other present and proposed amenities, common elements, or facilities
as may in the sole judgment and discretion of Declarant be necessary or desirable. The
Declarant hereby expressly reserves unto itself, its successors and assigns, the right to
replat any one (1) or more lots shown on the plat of any subdivision of the property of
additional property in order to create one or more modified lots: to further subdivide
H;

tracts or lots shown on any such subdivision plat into two or more lots; to recombine one
or more tracts or Lots or a tract and Lots to create a larger tract or Lot (any lot resulting
from such combination shall be treated as one Lot for purposes of assessments): to
eliminate from this declaration of any plats of the planned community lots that are not
otherwise buildable or are needed or desired by Declarant for access or are needed or
desired by Declarant for use as a public or private roads or access areas, whether serving
the Planned Community or other property owned by the Declarant or others, or which are
needed for the installation of utilities, common elements or amenities, and to take such
steps as are reasonably necessary to make such re -platted Lots or tracts suitable and fit as
a building site, access area, roadway or common elements.
Section 3 Amendment of Declaration by the Declarant. This Declaration may be
amended without member approval by the Declarant, or the board of the Association, as
the case may be, as follows:
A. In any respect, prior to the sale of the first lot.
B. To the extent this declaration applies to additional property.
C. To correct any obvious error or inconsistency in drafting, typing, or
reproduction.
D. To qualify the Association or the property and additional property, or any
portion thereof, for tax-exempt status.
E. To incorporate or reflect any platting change as permitted by this article or
otherwise permitted herein.
F. To conform this declaration to the requirements of any law or governmental
agency having legal jurisdiction over the property or any Additional Property
or to qualify the property or any additional property or any Lots and
improvements thereon for mortgage or improvement loans made, insured or
guaranteed by a governmental agency belonging to, sponsored by, or under
the substantial control of the United States Governmental or the State of North
Carolina, regarding purchase or sale of such lots and improvements, or
mortgage interests therein, as well as any other law or regulation relating to
the control -of the property, including, without limitation, ecological controls,
construction standards, aesthetics, and matters affecting the public health,
safety and general welfare. A letter from the official of any such corporation
or agency, including, without limitation, the Department of Veteran affairs,
U.S. Department of housing and urban development, the federal home loan
mortgage corporation, Government National mortgage corporation, or the
federal national mortgage Association, requesting or suggesting an
amendment necessary to comply with the requirements of such corporation or
agency, provided that the changes made substantially conform to such request
or suggestion. Notwithstanding anything else herein to the contrary, only the
Declarant, during the Declarant Control period, shall be entitled to amend this
Declaration pursuant to this section.
ARTICLE VI
X,

Use restrictions, architectural control and maintenance
Section 1 -
A. Approval of plans for building and site improvements. No house
plans will be approved unless the proposed house shall have a
minimum 1000 square feet of enclosed heated square feet, which shall
be the total enclosed area within a dwelling, provided, however, that
such term does not include terraces, decks, open porches, and like
areas, provided further, that shed -type porches, even though attached
to the house are specifically excluded from the definition of the
aforesaid term "heated square footage".
B. Since the establishment of inflexible building setback lines for location
of houses on Lots tends to force construction of houses directly to the
side of other homes with detrimental effects on privacy, view,
preservation of important trees and other vegetation, ecological and
related considerations, no specific setback lines shall be established by
this Declaration. In order to assure, however, that the foregoing
considerations are given maximum effect, the site and location of any
house or dwelling or other structure upon any Lot shall be controlled
by and must be approved absolutely by the Architectural committee;
provided, however, that no structure shall be constructed closer to a
Lot Line than is permitted by applicable governmental regulations.
C. The exterior of all dwellings and other structures must be completed
within twelve (3) months after the construction of same shall have
commenced, except where such completion is impossible or would
result in great hardship to the Owner or builder, due to strikes, fires,
national emergency, natural calamities, or complexity of design and
construction.
D. All service utilities, fuel tanks, and wood piles are to be enclosed
within a wall or plant screen of a type and size approved by the
architectural control committee, so as to preclude the same from
causing an unsightly view from any highway street, or way within the
subdivision, or from any other residence within the subdivision. All
mail and newspaper boxes shall be uniform in design. Design for mail
and newspaper boxes shall be furnished by the architectural
committee. Fences shall be permitted on any Lot; provided, however,
that the design, placement, and materials of any fence are approved by
the architectural control committee. Clothes lines are not permitted on
any lot.
E. Off street parking for not less than (2) two passenger automobiles must
be provided on each lot prior to the occupancy of any dwelling
constructed on said lot which parking areas and the driveways thereto
shall be constructed of concrete, brick, asphalt, or turf stone, or any
10

other material approved by Declarant, the board of Architectural
Control Committee.
F. The Declarant may, at its option, construct and install sprinkler
systems upon some or all of the lots in the development. However
after a lot with a sprinkler system has been conveyed by Declarant, it
shall be the sole duty and responsibility of the lot owner to thereafter
operate and maintain the said system in good operational order and
repair, including the repair and replacement of all parts and materials
for the irrigation wall and the entire system,
G. It shall be the continuing duty and responsibility of the lot owner to
landscape and maintain their lawns and environment in the manner
that has been approved by the Declarant of the Association.
Section 2 -Use restrictions
A. LAND USE AND BUILDING TYPE No lot shall be used for any
purpose other than residential purposes, subject, however, to the rights
of the Declarant contained herein. All numbered Lots are restricted for
construction of one single family dwelling not to exceed two stories in
height (plus such detached garages and other accessory buildings as
may be approved in their sole discretion by the Architectural Control
Committee).
B. NUISANCES No noxious or offensive activity shall be carried on
upon any lot, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to the neighborhood. There shall
not be maintained any plants or animals, nor device or thing of any
sort whose normal activities or existence are in any way noxious,
dangerous, unsightly, unpleasant or other nature as may diminish or
destroy the enjoyment of other lots by the owners thereof. It shall be
the responsibility of each owner to prevent the development of nay
unclean, unsightly of unkept condition of buildings or grounds on the
Owner's lot which would tend to decrease the beauty of the
neighborhood as a whole or the specific area.
C. TEMPORARY STRUCTURES No structure of a temporary character,
trailer, basement, tent, shack, garage, barn, or other outbuilding shall
be used on any lot any time as a residence whether temporarily or
permanently without the written consent of the association.
D. ANIMALS No animals, livestock or poultry of any kind shall be kept
or maintained on any Lot or in any dwelling except that of dogs, cats
or other household pets may be kept or maintained provided that they
are not kept or maintained for commercial purposes.
E. TELEVISION SATELLITE DISHES AND OUTSIDE ANTENNAS
No yard statuary or TV satellite signal receiving dishes are permitted
on any lot and no outside radio or television antennas shall be erected
on any lot or dwelling unit unless and until permission for the same
11

has been granted by the architectural control committee; provided,
however satellite dishes under 18" in diameter which cannot be seen
from the street are permitted.
F. EXTERIOR LIGHTS All light bulbs and other lights installed on any
fixture located on the exterior of any building or any lot shall be of clear,
white, non -frost or yellow bug bulbs.
G. SIGNS No signs (including "for rent" or "for sale" signs) shall be
permitted on any lot or in the common area without permission of the
Executive Board, provided, however the Declarant may so long as it
owns any lot maintain for sale signs on Declarants lots and signs on its
lots and in the common area generally advertising the planned
community.
H. JUNK VEHICLES AND TRACTOR TRAILERS No inoperable vehicle
will be permitted on the premises. The Association shall have the right
to have all vehicles towed away at the owner's expense.
I. SUBDIVIDING Subject to any rights reserved by the Declarant herein,
no lot shall be subdivided, or its boundary lines be changed except with
the prior written consent of the Declarant during the Declarant control
period and thereafter by the board of Directors of the Association.
J. FENCING In order to maintain compliance with all stormwater permits,
no fencing will be allowed on the drainage and access easements
between the pool lot and lot 30 and along the pond edge at the rear of
lots 23, 24, 25, 26, 27, 28 and 29.
K. IMPERVIOUS SURFACE No more than 3600 square feet of any lot
shall be covered by structures or impervious materials. Impervious
materials include asphalt, gravel, concrete, brick, stone, slate, or similar
material but do not include wood decking or the water surface of
swimming pools. Built upon area in excess of the permitted amount
requires a state stormwater management permit modification prior to
construction.
L. SWALES Swales shall not be filled in, piped, or altered except as
necessary to provide driveway crossing.
M. STORMWATER All permitted runoff from out parcels or future
development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be
performed in a manner that maintains the integrity and performance of
the system as permitted.
N. No mechanical or maintenance work shall be done on cars or other
machinery or equipment in the front yard of any home, in the street in
front of the home, or the side yard of the home. Boats, recreational
vehicles, and other similar vehicles may not be parked in the front of any
yard or in the street in front of any home.
0. No property shall be leased for less than 6 months.
P. No modular or mobile homes shall be placed on any lot.
12

Q. Permanent window treatments must be installed on all new homes
within 30 days of occupancy.
ARTICLE VE
LOTS SUBJECT TO DECLARATIONIENFORCEMENT
Section 1 Lots subject to declaration._ The covenants and restrictions contained in
this declaration are for the purpose of protecting the value and desirability of the planned
community and the lots. All present and future owners, tenants and occupants of lot sand
their guests or invitees, shall be subject to, and shall comply with the provisions of the
Declaration, and as the declaration may be amended from time to time. The acceptance
of a deed of conveyance or the entering into of a lease or the entering into occupancy of
any lot shall constitute an agreement that the provisions of the Declaration are accepted
and ratified by such owner, tenant, or occupant. The covenants and restrictions of this
Declaration shall run with and bind the land and shall bind any person having as any time
any interest or estate in any lot, their heirs, successors and assigns, as though such
provisions were made a part of each and every deed of conveyance or lease, for a term of
twenty (20) years form the date this Declaration is recorded, after which time they shall
be automatically extended for successive periods of ten (10) years, unless terminated by
the Lot Owners.
Section 2 Miscellaneous Failure by the association or by an owner to enforce
any covenant or restriction herein contained shall in no event be deemed a waiver of the
right to do so thereafter. The remedies provided herein are cumulative and are in addition
to any other remedies provided by law.
ARTICLE VIII
RIGHTS OF INSTITUTIONAL LENDERS
Section 1 Institutional lender or Institutional lenders as the term is used herein,
shall mean and refer to banks, savings and loans, savings banks, insurance companies, the
veteran's administration, the Federal Housing Authority, the Federal National Mortgage
Association, and other reputable mortgage lenders, guarantors, and insurers of such first
mortgages. SO long as any Institutional Lender or Institutional Lenders shall hold any
mortgage upon any lot, or shall be the owner of any lot, such Institutional Lender or
lenders shall have the following rights.
A. To be furnished with at least one copy of the Annual Financial statement and
report of the association, including a detailed statement of annual carrying
charges or income collected and operating expenses, such financial statement
and report to be furnished by April 15t` of each calendar year.
B. To be given notice of the association of the call of any meeting of the
membership to be held for the purpose of considering any proposed
la

Amendment to the Declaration, or the Articles of Incorporation and Bylaws of
the Association, which notice shall state the nature of the amendment being
proposed, and to be given permission to designate a representative to attend
all such meetings.
C. To be given notice of default in the payment of assessments by an owner of a
lot encumbered by a mortgage held by the institutional lender or lenders, such
notice to be given in writing and to be sent to the principle office of such
Institutional lender or lenders, or to the place which it or they may designate
in writing to the Association.
D. To inspect the books and records of the Association and the Declaration,
bylaws and any rules and regulations during normal business hours, and to
obtain copies thereof.
E. To be given notice by the Association of any substantial damage to any pert of
the common area.
F. To be given notice by the association if any portion of the common area is
made the subject matter of any condemnation of eminent domain proceedings
or is otherwise sought to be acquired by a condemning authority.
14

STATE OF NORTH CAROLINA
COUNTY OF NEW I IANOVER
I, a Notary Public in and for the aforesaid State and County of
, do hereby certify that
came before me this day and
acknowledged that he/she is of Snows
Cut Landing, INC, a North Carolina Corporation, and that by authority
duly given and as the act of the corporation, the foregoing instrument
was signed in its name by its president, sealed with its corporate seal
and attested by himself/herself as its
Secretary.
Witness my hand and official stamp or seal, this the day of
2002.
Notary Public
My commission expires
15

P. 1
PILE RODE OPTION
--- ——------------ MEMORY TX
COMMUNICATION RESULT REPORT ( JAN.10.2003 12:35PM )
TTI NCDENR WIRO
ADDRESS (GROUP) RESULT PAGE
-------------------------------------------------------------------------
9-7991551 E-3)3)3)3)3) P. 0/1
�u
------------------------------------
REASON FOR ERROR
E-1) HANG UP OR LINE PAIL
E-3) NO ANSWER
r
rt
E--2) BUSY
E-4) NO FACSIMILE CONNECTION
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E„ Director
Division of Vyater (duality
FAX COVER SHEET
Wilmington Regional Office
4
Date: January 10, 2003 No. of Pages: 1 Revised
To: Mike Marsb From: Linda Lewis
Company: Joseph hill and Associates Water Quality Section - Stormwater
FAX #: 799-15 1 FAX # [phone]
Phone # [phone]
DWQ Stormwater P roject Number: SWS 021026
Project Name: Snows Cut Landing
MESSAGE:
Dear Mike; J
I am ready to issue the permit for Snows Cut Landing, but I need tell deed restrictions. Please
submit ASAP, j
Mr. Matthew Murphy "s not listed on the latest filings (2002 Annual Deport) with the Secretary
of State as a member f SECOF, LLC. Please either provide documentation of his status, or
nrnir4 A H .;,.,.A 4r,..._... 4S...._. — .._ _! +. . AA r r —

;r
2E C40-�4�
C 6)j'(j`rriz `
I

`ice® --I
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
FAX COVER SHEET
Date: January 10, 2003
To: Mike Marsh
Company: Joseph Hill and Associates
FAX #: [phone]
DWQ Stormwater Project Number: SW8 021026
Project Name: •= Snows Cut Landing
MESSAGE:
Dear Mike:
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
No. of Pages: 1 Revised
From: Linda Lewis
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
am ready to issue the permit for Snows Cut Landing, but I need teh deed restrictions. Please
submit ASAP.
Mr. Matthew Murphy is not listed on the latest filings (2002 Annual Report) with the Secretary
of State as a member of SECOF, LLC. Please either provide documentation of his status, or
provide a signed letter of authorization from the member -manager or president of the LLC.
S:IWQSISTORMWATIADDINF0120031021026.JAN03
IL'�
&CbENR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

-� J-
FILE MODE
-----------------
759 MEMORY TX
P. 1
* COMMUNICATION RESULT REPORT ( JAN.10.2003 12.'01PM )
TTI NCDENR WIRO
OPTION ADDRESS (GROUP) RESULT PAGE
------------------------------------------------------------------------- -- 1OK P. 1
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL.
E-3) NO ANSI4ER
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Michael F. Easley, Governor
William G. Ross; Jr. Secretary
North Carolina Department of Environment and Natural Aesources
Alan W. Kllmek P.E., Director
W Division of ater Quality
Wilmington Regional Office
FAX COVER SHEET
Date: January 10, 2103 No. of Pages: 1
To: Mike Marsh From: Linda Lewis
Company: Josep Hill and Associates Water Quality Section - Stort.6water
FAX #: 799-15 1 FAX # [phone]
Phone # [phone]
D'W'Q Stormwater P#eject Number: SW8 021026
Project Name: Snows Cut landing
MESSAGE:
Dear Mike:
I am ready to issue th permit for Snows Cut Landing, but I need the deed restrictions. please
summit ASAP.
Thanks, Linda

C Vol
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
FAX COVER SHEET
Date: January 10, 2003
To: Mike Marsh
Company: Joseph Hill and Associates
FAX #: [phone]
DWQ Stormwater Project Number: SW8 021026
Project Name: Snows Cut Landing
MESSAGE:
Dear Mike:
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
No. of Pages: 1
From: Linda Lewis
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
I am ready to issue the permit for Snows Cut Landing, but l need the deed restrictions. Please
submit ASAP.
Thanks, Linda
S:\WQS\STORMWAT\ADDINFO\2003\021026.JAN03
*A
NCDENR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Entity Names
http://www.secretary.state.nc.us/Corporations/soskb/Corp.asp?50604
North Carolina
Elaine F. Marshall EPARTM ENT OF THE
Secretary SECRETARY of STATE
PO Box 29622 Raleigh, NC 27626-0622 f919j607-2000
MA
,,Corporations Home ,
„,Important Notice
eCorporate Forms
:Corporations FAQ
.6New Form Notice
_SVerifv Certification
-Secretary ut State Home
Business License
QRegister for E-Procureme
!Dept.,of Revenue
999 Senate Bills
001 Sill Summaries
,nnual Reports 1997
;orporations 1997
►ther Leaislation'
„tBy Corporate Name
,For New Corporation
•Bv:Reoistered Aoent
Date: 1 /10/2003
Document Filings
Corporation Names
Name Name Type
SECOF, L.L.C. Legal
Limited Liability Company Information
SOSID:
0466715
Status:
Current: -Active
Date Formed:
8/4/1998
Citizenship:
Domestic
State of Inc.:
NC
—Duration:_.-.._-- _,__.._._.__..__7/.13/20.18_.�
Registered Agent
Agent Name:
Ken Coffer Construction, LLC
Registered Office Address:
#9 South Lake Park Blvd.
Carolina Beach NC 28428
Registered Mailing Address:
#9 South Lake Park Blvd.
Carolina Beach NC 28428
Principal Office Address:
1202 N. Lake Park Blvd.
Suite a
Carolina Beach NC 28428
Principal Mailing Address:
No Address
Bar -Coded Forms
For questions or comments about the North Carolina Secretary of States web site, please send e-mail
Webmaster.
For questions or comments concerning the Corporations Division, please send e-mail to Corporations Admij
Click here for help downloading forms.
I of I 1/10/2003 11:04 AM

LIMITED LIABILITY COMPANY (LLC) SOSID: 0466715
' Date Filed: 9/20/2002 9:46 AM
_ ANNUAL REPORT Elaine F. Marshall
s i North Carolina Secretary of State
221430031
AME OF LIMITED LIABILITY COMPANY: SECOF, LLC
TATE OF FORMATION. NC
ECRETARY OF STATE L.L.C. ID NUMBER; 0466715 FISCAL YEAR ENDING: 12/31 /01
MONTH/DAY/YEAR
EDERAL EMPLOYER ID NUMBER: 56 - 2108700
THIS IS THE IMTIAL ANNUAL REPORT FILING. YOU MUST COMPLETE THE ENTIRE FORM. IF YOUR
LC'S INFORMATION HAS NOT CHANGED SINCE THE PREVIOUS REPORT. PLEASE CHECK THE BOX
.ND COMPLETE LINE S. ❑
REGISTERED AGENT & REGISTERED OFFICEMAILING ADDRESS: Ken Coffer, Managing Member
Ken Coffer Construction, LLC
#9 South Lake Park Blvd, Carolina Beach, NC 28428
STREET ADDRESS AND COUNTY OF REGISTERED OFFICE:
#9 South Lake Park Blvd
Carolina Beach, NC 28428, New._Hanover County
;. IF THE REGISTERED AGENT CHANGED- SIGNATURE OF THE NEW AGENT:
SIGNA CONSTITUTES CONSENT TO THE APPOINTVE\T
I. EATER PRLN- CIPAL OFFICE ADDRESS HERE: ADDRESS- 1202 N . Lake Park Blvd, Suite A
CITY- Carolina Beach ST- NC zip- 28428
i. ENTER PRINCIPAL OFFICE TELEPHONE NUMBER HERE: (910) 45875605
PLEASE INCLUDE AREA CODE
i. ENTER NAME. TITLE. AND BUSP,YESS ADDRESS OF MANAGER(S) OR IF THE LLC HAS NEVER HAD MEMBERS. ITS ORGANIZERS.
Ken Coffer
VAMI-- Ken Coffer Construction, LLC ADDRESS- #9 South Lake Park Blvd
rITLE. Managing Member
VA%Mr-- Bertram S. Murphy
TITLE. Member
NAMC
TITLE-
7. BRIFTLY [)ESCIUDE. TI IF NATURI: OF BUSINESS-.
CITY. Carolina Beach
ADDRESS- 442 Williamson Street
CITY. Williamsport
ADDRESS-
CITY-
ST-NC ZIP- 28428
ST-PA ZIP. 17701
ST- ZIP-
R. CERTIFICATI N OF AtitiUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES.
FORM \ 'ST BE SIGNFI) Ill" .1 \1:1\'.11ifiR t SF T I ili L.L.C. DATE
KEN COFFER
MANAGING MEMBER
'r)TEOR PRI\TTITLE
:1NNI,'AL REPORT FEE: S20I.IKI `Sf11I. `0 Sccrclan nI'SLite - Corporations Division - Post 01'Ilcc E3ox 29525 - Rnlctch. NC _7626 4152:

JAN-24-03 FR 111: 55
rpH. 22.2603 1= a-rNr,
F W Arr
Kan QUO �p
> 11
Date: Jana 22,
To: M&oh
Company: sosep
FAX W: "9-1'
DWQ Stormwater
Project Noma:
MMOSAGM
Dea: Mike:
JSHILL ASSOCIATES FAX NO. 9107991551 p,pl
WNW F. Easley, Governor
Willem G. Row Jr Semba�
North Carolina Deparlment of EnAmnmsnt and NZil ikesource
Alan W. IQimek P.E., D raeeWr
Divieion of Water Qualily
W11mftWn Regional Office
FAX M VRP, SBEET
HM and Asoodates
act Number: SW$ 021026
LOWS Cut Landing
No. of PBW! 1 Revistd,
From: Linda Lewb
Waxer QUAW Section - stormwatr
FAX # 91W50-201M
Pbone ## 910.395-3900
Did you got my secabi fax of January 107 T had left something off of the first one, so I reseat it.
Y added the fQlaawing oquests
Mr, Mataww Mtuphy is not listed on tha latest filings (2002 Annual Uport) w4th the Soapy
of State as a member f SECOT, LLC. Please eUw provide documentation of his stomas, or
provide a signed left of waorimtlon ftm the member -manager or praddent of She LM
1NDRI PC B M1,14U96 TN 6 . 77- -ehtfv
14,1i7ff 7-1tt 51v0 r5 G T Gr�,vd �,v(- 5 ror� W GUWTe,-'— P6le-l7~
S:IWQSISTORMW
1026-2.JAN03
OWN
N,0. 01vlslon 9f Wa1nr Quogky 127 Qat*na! 0Ave spa* VA1mington, N, 5 9 G-)-Zi64946 FaX (R14 395Z 4 Cua1anrerS0rviaa
8DO 2 611798

JAA-24-03 FRI 11:55 JSHILL ASSOCIATES FAX NO. 9107991551 p 02
Jan 24 03 CSs24a
r--
Secof Construction Co., Inc.
1202 N. lake Park 94vd. Sutte A
Carolina Beech, NC 28426
[phone]
Fax number (910) 45S7709
Send to: Joey Hill
From: JaMie Sessorns
AtterKiono
Date:1/24/03
Office location:
G"ce locMU n:
Fak dumber, 799-1551
Phone number.
D Urgent L I ReplyASAP U Please cornmem U Plaaw review n For your Information
Total pages, inclue irtg cover. 1
Comments:
Mr. Hll.
Please see the attached articles of incorporation. Let me Know it thks clarifies anything for you.
Southeastem anterpilses is Matt Murphy.
Give us a call If you need anything else.
Jamie

JAn--24-03 FR 111 : 56 JSH I LL ASSOCIATES FAX ISO, 9107991551 p, 03
Jan 24 03 09:25a P.2
STArM C-1j".
.NQR'M'-I eat or The
C.AR LA Of Mate
Z1�
To all whom Owe premts &AU Dame, Grmtivigs_
I, ELAM F. MA&%UU, Secretary of ,Mate of the State
of North Carolina, do hereby certify the following and hereto
attached to be a true copy of
M
W
co
' ARTICLES OF OROTANIZATION b
000010 OF
SECOF, L.L.C.
c, rn
ornC,
c� to v
to
the original of which was filed in this office on the 4th day
of August,1998.
RV WZTMSS WZUMOF, 7 have hereunto set ray
hand and affized my official seal at the City of
Raleigh, this 4th day of August, 1998.
Aft -&
Secretary of Pate
RETYRN TO NED M. BW!f—ct

JAK-24-03 FRI 11:57 JSHILL ASSOCIATES FAX NO, 9107991551 P.04
Jan 24 03 09:25a
ARTICLES OF O GANx7.A`rION F E D
- 9e 209 5090 OF yob
AA 4 fW6
SECOF, L _ L . C . EFFECTIVE
The undersignt-1, being of the age of eighteen y1wU .
WORTIJ rnuni Ikin
does hereby make, acknowledge a% -id submit these Articles of
Organization, purse,ant to 'N. C. C. S. Section 57C-2-20 Poor the
Purpose of forming -i limited liability company under and by virtue
of the laws of the Stoat$ of North Carolina:
1. The name of the l.i.mite6k liability company i9 SECOF,
L.L.C.
2. ThQ ' latest date on which Uhe limited liability Company is
to dissolve is: July 31, 2018.
3. The name and address of each organizer executing these
articles of organization is as follows:
1. SOUTHEASTERN ENTERPRISES, INC_
1508 southeast Harbor Drive
New Hanover County
Wilmington, North Carolina 28409
4. The street address and county of the initial Registered
Office of the limited liability company in the State of North
Carolina is 1508 Southeast Harbor Drive, Wilmington, New Hanover
County, NC 28409. ,
5. The name of its initial registered Agent at such address
is MATTHEW T. MURPHY.
6. The limited liability company shall be member managed and
all members by virtue of their status as members shall be managers
of this lincited liability company,
7. These arft6les shall be effective upon til ag.
~ 1

JAIL-24--03 FRI 11:57 JSHILL ASSOCIATES FAX NO, 9107991551
Jan 24 03 OS:25a
P. 05
p.4
2y29 OS80
IN WITNESS WHEREOF, I have hereunto set my hand this �3
day of 11.7 9 S .
SOUTHEASTERN ENTERPRX:. INC.
BY:
! t�0 CORPORATE r i
STATE OF NORTH CA?'.0LIj1A
COUNTY OF NFW HKNOVER ,
i/►- a Notary Publi c in and' for
the State acid Co�:nty aforesaid, hereby certify that BERTRAM S.
MURPHY perserially -ippea.red before me this day and acknowledged that
he is Secretary of Southeastern Enterprises, Inc., a
North Carolina Co;_poration, and thy-' by authority duly given and as
the act of the Co;:poratlon, the foragoi.nq instrument was signed in
its name by its President, seale�L with its corporate seal• and
attested by him as its Secretary.
WITNESS my nand and notarial :;tamp or seal, this the �-� day
of J �� 19Fi8.
Notary Public
My Commission Expi es:
00
K
m

P. 06
AUTOMATIC COVER SHEET
DATE: JAN-24-03 FRI 11:58
TO:
FAX #: [phone]
FROM: JSHILL ASSOCIATES
FAX #; 9107991551
06 PAGES WERE SENT
(INCLUDING THIS COVER PAGE)

State Stormwater Management Systems
Permit No. SW8 021026
Page 1 of 2
Snow's Cut Landing Subdivision
Stormwater Permit No. SW8 021026
New Hanover County
Designer's Certification
I, Joseph S. Hill Jr., P.E., as a duly registered Engineer in the State of North
Carolina, having been authorized to observe (periodically) the construction of the
project,
Snow's Cut Landing
For SECOF, LLC_(Project Owner) hereby state that, to the best of my abilities, due
care and diligence was used in the observation of the project construction such that
the construction was observed to be built within substantial compliance and intent
of the approved plans and specifications.
The check list of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
CA
Signature: �o�-,- �. (] 1SEAL
Registration Number: 8982
Date: May 10, 2005 �'

t
State Storm,__,er Management Systems
Permit No. S` 8 021026
Certification Requirements: Page 2 of2
C]5ti 1. The drainage area to the system contains approximately the permitted acreage.
Q�ll 2. -The drainage area to the system contains no more than the permitted amount of
built -upon area.
✓ 3. All the built -upon area associated with the project is graded such that the runoff
drains to the system.
4. The outlet/bypass structure elevations are per the approved plan.
�5. The outlet structure is located per the approved plans.
1/ 6. Trash'rack is provided on the outlet/bypass'su'ucture.
✓7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-circuiting of
the system.
f) 10. The permitted amounts of surface area and/or volume have been provided.
J 11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
�13. All'required Farts of the system are provided, such as a vegetated shelf, a forebay,
and the vegetated filter.
J14. The overall dimensions of the system, as shown.on the approved plans, are
provided.
cc: NCDENR-DWQ Regional Office
Tony Roberts, New Hanover County Building Inspections
i

41b�-:}
JOSEPH S. HILL, JR. AND ASSOCIATES
CONSULTING ENGINEERS and PLANNERS
1602 HARBOUR DRIVE
WILMINGTON. NORTH CAROLINA 29401
TELEPHONE [phone]
FAX [phone]
October 22, 2002
Ms. Linda Lewis
N.C.D.E.N.R.
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Subject: Stormwater Plan
Snows Cut Landing
New Hanover County
Dear Ms. Lewis:
EC�':VEY
gD
I)V�
o o a -co PROD #
Enclosed are three (3) copies of the Stormwater Plan and calculations for the
subject project. Included are a completed permit application, application fee in the
amount of $420.00, Wet Detention Basin Supplement Form, a color -coded plan
showing the drainage areas used in pipe sizing, a color -coded plan showing the
pond drainage area, and three (3) copies of the NCDENR and New Hanover County
Stormwater Calculations which include erosion control calculations for pond inlet and
outlet pipes.
A copy of the proposed deed restrictions and covenants will be submitted
under separate cover as soon as the owner's attorney provides them.
Please review this play) as soon as possible.
Please do not hesitate to contact me if you have any questions or need
additional information.
Sincerely,
JOSEPH S. HILL, JR. and ASSOCIATES
JSH/pat J eph S. Hill, Jr., P.E. L
Attachments
SCL. LEWIS.101502.doc

JOSEPH S. HILL, JR. AND ASSOCIATES
CONSULTING ENGINEERS and PLANNERS
1602 HARBOUR DRIVE
WILMINGTON, NORTH CAROLINA 28401
TELEPHONE [phone]
FAX [phone]
December 2, 2002
Ms. Linda Lewis
N.C.D.E.N.R.
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Subject: Revised Stormwater Plan
Snows Cut Landing
New Hanover County
Dear Ms. Lewis:
RECEIVED
DEC 0 2 2002
DWQ
PROD #
Enclosed are three (3) copies of the Revised Stormwater Plan and
calculations for the subject project. Included are a completed permit application,
Wet Detention Basin Supplement Form, a color -coded plan showing the drainage
areas used in pipe sizing, a color -coded plan showing the pond drainage area,
and three (3) copies of the NCDENR Stormwater Calculations which include
erosion control calculations for pond inlet and outlet pipes.
A copy of the proposed deed restrictions and covenants will be submitted
under separate cover as soon as the owner's attorney provides them.
The plan and calculations originally submitted for the project are no
longer applicable. The wetland line was moved eastward by the U.S. Army Corps
of Engineers subsequent to the line shown on the original plan that had been
delineated by a wetlands consultant. The pond is essentially the same size as
the originally proposed pond. But the pond location, dimensions, lot layout, and
street lengths have been altered to protect the C.A.E. Jurisdictional wetlands.
Please use the $420 fee submitted with our original application for this
revised application.

Ms. Linda Lewis
Snows Cut Landing
December 2, 2002
Page 2
Please review this plan as soon as possible.
Please do not hesitate to contact me if you have any questions or need
additional information.
JSH/pat
Attachments
Sincerely,
JOSEPH S. HILL, JR. and ASSOCIATES
Joseph S. Hill, Jr., P.E.
SCL. LEWIS. 112002.doc

TO: NEW HANOVER COUNTY OFFICES:
C1 Zoning Enforcement 1 Hines
0 Engineering / Rahhal / Craig
I� SCS I Miller
0 Emergency Services / Lee
C� Fire Marshall / Davis
0 E911 / Hewlett
C� Environmental Health / Harvell
TO: OUTSIDE AGENCIES:
=
Bell South / Wood
Corps of Engineers / Pennock
=
NC Coastal Management / Rosich
County Schools / Wayne
NCDOT / Law
E2r
Environmental Management / Lewis
Volunteer Fire Department
CP&L / Cobb
MPO / Tlnkler
NC� 0oa567
Sw8 o a i a a6 w�`(�i�ic�iaj,�
FROM: ,2 Burgess, S.
0 Stewa rt, B.
DATE: A,,; Lat IS 2004
AUG 2 0 2004
!$TRY
R
Ca Preliminary Plan (Conventions! erformance� HD) = Revised Plan
C� Final Plat = Minor Plat
MESSAGE:
Project Name: \,Q -,LA �= r
Special Instructions:
The Planning Department is Located at 230 Market Place Drive, Suite 150, Wilmington, NC 28403

1
1
1
1
1
1
1
f
1
1
1
1
1
1
SNOWS CUT LANDING
NEW HANOVER COUNTY
NCDENR STORMWATER CALCULATIONS
SEPTEMBER 2002
- a a+a arl+ a .,, r•••••.
f,rn
aaa+•'
Prepared By:
JOSEPH S. HILL, JR. and ASSOCIATES
CONSULTING ENGINEERS and PLANNERS
1602 Barbour Drive
Wilmington, North Carolina 28401
[phone] ,

Snows Cut Landing
1 NCDENR Stormwater Calculations
1
1
!
' TABLE OF CONTENTS
1
1. Project Description
1 2. Runoff Calculations
1 3. Outlet Protection Design
1 4. Sediment Basin Design
5. SECTION 1600 — Landscaping
1 6. SECTION 2400 — Storm Sewers
1 .
1
1
j
!
1 SCL.STWTR CALC.0902REV.111302.doc Page 2 of 28

1
Snows Cut Landing
NCDENR Stormwater Calculations
NCDENR STORMWATER MANAGEMENT PLAN
Snows Cut Landing is a single-family home, performance residential
' subdivision, with 54 lots on 21.42 acres, or 2.5 lots per acre.
' The buildings, streets and parking, pool and miscellaneous impervious
surfaces comprise an impervious area of 6.41 acres.
The site was analyzed for retention of the first one -inch (1'} of runoff
generated from the site and releasing the runoff over a 2 to 5 day period. 1n
' addition, the site was analyzed for retention of the runoff generated by the 2, 10,
and 25-year storm, with the discharge rate after redevelopment no greater than
' the pre -development runoff. The site was also analyzed for potential flooding by
the 100-year storm.
The pond bottom elevation is —3.0'.
The first one -inch (1'j of runoff is retained in the detention pond to an
elevation of 6.6' and discharged through a three-inch (3'� diameter orifice in
' approximately 3.5 days.
tThe runoff_ in excess of one -inch (1'� that is generated from the site is
stored in the detention pond. The stored runoff is discharged through a
' rectangular weir at rates that do not exceed pre -development rates for the design
storms.
1 SCL.STWTR CALC.0902REV.111302.doc Page 3 of 28

1
1
1
1
1
1
e
i
0
Snows Cut Landing
NCDENR Stormwater Calculations
The first one inch (1'� of runoff fills the pond to elevation 6.6'.
The 2-year storm fills the pond and parking lots to elevation 8.2'.
The 10-year storm fills the pond to elevation 8.5'.
The 25-year storm fills the pond to elevation 9.1'.
The 100-year storm fills the pond to elevation 9.2.
Since the site characteristics do not allow construction of a separate
emergency spillway, the outlet pipe is sized to transmit the entire volume
generated by a 100-year storm, rather than the volume of a 25-year storm as
required by the ordinance.
Analyzing the site for a 100-year storm shows that the entire volume of
runoff will be retained in the pond to an elevation of 9.2'. Since the lowest catch
basin rim is 9.7', there will be no flooding of any project areas during a 100-year
event.
d
SCL.STWTR CALC.0902REV.111302.doc
Page 4 of 28

Snows Cut Landing
NCDENR Stormwater Calculations
PIPE SIZE CALCULATIONS
AREA #1 Mipe No. 1
Tc — 5 min.
C = 0.3
i = 8.0 in/hr. (25-year storm)
A = 0.82 Ac.
Q = CiA
Q = 0.3 x 8.0 x 0.82 = 1.97CFS
Provide 15" 0 RCP (Pipe No. 1) @ 0.25% slope. This pipe will transmit 3.0 CFS.
AREA #Z MiDe No. Z
Tc = 5 min.
C — 0.3
i = 8.0 in/hr. (25-year storm)
A = 0.68 Ac.
Q=GA
Q = 0.3 x 8.0 x 0'68 =1.63CFS
Runoff from Area #1 = 1.97 CFS
Total Runoff — Areas #1 & 2 = 3.60 CFS
Provide 15" 0 RCP (Pipe No. 2) @ 0.25% slope. This pipe will transmit 3.6 CFS.
SCL.SMTR CALC.0902REV.111302.doc
Page 5 of 28

1
1
1
1
1
1
1
1
1
1
1
1
1
1
Snows Cut Landing
NCDENR Stormwater Calculations
AREA #3 (Pipe No._3)
Tic — 5 min.
C = 0.3
i = 8.0 in/hr. (25-year storm)
A = 0.53 Ac.
Q = CiA
Q = 0.3 x 8.0 x 0.53 =1.27CFS
Runoff from Areas #1 & 2 = 3.60 CFS
Total Runoff = 4.87 CFS
Provide 18" 0 RCP (Pipe No. 3) @ 0.2% slope. This pipe will transmit 5.0 CFS.
AREA #4 (Pipe No. 4
Tc = 5 min.
C = 0.3
i — 8.0 in/hr. (25-year storm)
A _ 1.12 Ac.
Q = CiA
Q = 0.3 x 8.0 x 1.12 =2.69CFS
Provide 15" 0 RCP (Pipe No. 4) @ 0.2% slope. This pipe will transmit 3.0 CFS.
SCL.STWTR CALC.0902REV.111302.dac
Page 6 of 28

Snows Cut Landing
NCDENR Stormwater Calculations
= AREA #5 6?Vi 2e No. 5)
Tc — 5 min.
' C — 0.3
i — 8.0 in/hr. (25-year storm)
eA — 0.85 Ac.
' Q = CIA
Q = 0.3 x 8.0 x 0.85 =2.04CFS
Runoff from Areas #1— 4 = 7.56 CFS
Total Runoff = 9.60 CFS
Provide 24" 0 RCP (Pipe No. 5) @ 0.15% slope. This pipe will transmit 9.6 CFS.
1
AREA #6 MiDe No. 6
Tc = 5 min.
C = 0.3
i = 8.0 in/hr. (25-year storm)
' A = 0.88 Ac.
Q = CiA
Q = 0.3 x 8.0 x 0.88 =2.11CFS
Provide 15" 0 RCP (Pipe No. 6) @ 0.3% slope. This pipe will transmit 3.9 CFS.
1 ,
' SCL.STWTR CALC.0902REV.Ill 302.doc
Page 7 of 28

Snows Cut Landing
NCDENR Stormwater Calculations
AREA #7 MDe No. 7
Tc 5 min.
C = 0.3
i = 8.0 in/hr. (25-year storm)
A = 0.43 Ac.
Q = CiA
Q = 0.3 x 8.0 x 0.43 = 1.03CFS
Runoff from Areas #1 - 6 = 11.71 CFS
Total Runoff = 12.74 CFS
Provide 24" 0 RCP (Pipe No. 7) @ 0.3% slope. This pipe will transmit 14.0 CFS.
AREA #8 ADe No, 8
Tc = 5 min.
C = 0.3
i — 8.0 in/hr. (25-year storm)
A 1.21 Ac.
Q = CiA
Q = 0.3 x 8.0 x 1.21 = 2.70 CFS
Provide 15" 0 RCP (Pipe No. 8) @ 0.3% slope. This pipe will transmit 3.9 CFS.
I
SCL.STWiR CALC.0902REV.111302.doc Page 8 of 28

[I
I
Snows Cut Landing
NCDENR Stormwater Calculations
AREA #9 Mve No. 9
Tc — 5 min.
C - 0.3
i = 8.0 in/hr. (25-year storm)
A — 1.83 Ac.
Q=CiA
Q = 0.3 x 8.0 x 1.83
Runoff from Areas #8
Total Runoff
= 4.39 CFS
= 2.90 CFS
= 7.29 CFS
Provide 18" 0 RCP (Pipe No. 9) @ 0.2% slope. This pipe will transmit 5.3 CFS.
AREA #10 Mioe No. 10
Tc — 5 min.
C = 0.3
i = 8.0 in/hr. (25-year storm)
A = 0.56 Ac.
Q=CiA
Q = 0.3 x 8.0 x 0.56 = 1.34CFS
Runoff from Areas #1 - 9 = 20.03 CFS
Total Runoff = 21.37 CFS
Provide 30" 0 RCP (Pipe No. 10) @ 0.25% slope. This pipe will transmit 24.0 CFS.
SCL.STWTR CALC.0902REV.111302.doc
Page 9 of 28

1
1
1
1
Snows Cut Landing
NCDENR Stormwater Calculations
AREA #11 (Pioe No. 11
Tc = 5 min.
C - 0.3
i = 8.0 in/hr. (25-year storm)
A = 0.79 Ac.
Q=CiA
Q = 0.3 x 8.0 x 0.79 = 1.90CFS
Provide 15" 0 RCP (Pipe No. 11) @ 0.3% slope. This pipe will transmit 3.9 CFS.
AREA #12 (Pipe No. 12
Tc = 5 min.
C = 0.3
i = 8.0 in/hr. (25-year storm)
A = 1.21 Ac.
Q = CiA
Q = 0.3 x 8.0 x 1.21
Runoff from Area #11
Total Runoff
= 2.90 CFS
= 1.90 CFS
= 4.80 CFS
Provide 18" 0 RCP (Pipe No. 12) @ 0.3% slope. This pipe will transmit 6.0 CFS.
SCL.STWTR CALC.0902REV.111302.doc
Page 10 of 28

e
Snows Cut Landing
' NCDENR Stormwater Calculations
' AREA #13 (Pipe No. 13) _
Tc -- 5 min.
' C = 0.3
i - 8.0 in/hr. (25-year storm)
' A = 0.39 Ac.
' Q=OA
Q= 0.3x8.0 x0.39 = 0.94CFS
Provide 15" 0 RCP (Pipe No. 13) @ 0.3% slope. This pipe will transmit 3.9 CFS.
'
AREA #14
6Eipe No. 14
Tc
5 min.
C —
0.3
i =
8.0 in/hr. (25-year storm)
A =
0.58 Ac.
' Q — CiA
Q = 0.3 x 8.0 x 0.58 = 1.39CFS
tRunoff from Areas #11 — 13 = 5.74 CFS
Total Runoff = 7.13 CFS
Provide 24" 0 RCP (Pipe No. 14) @ 0.2% slope. This pipe will transmit 12.0 CFS.
' SCL.STWTR CALC.0902REV.111302.doc Page 11 of 28

0
Snows Cut Landing
NCDFNR Stormwater Calculations
AREA #15 (Pipe No. 15
Tc = 5 min.
C -- 0.3
i = 8.0 in/hr. (25-year storm)
A - 0.87 Ac.
Q = CiA
Q = 0.3 x 8.0 x 0.87 = 2.09US
Runoff from Areas #11-14 = 7.13 CFS
Total Runoff = 9.22 CFS
Provide 24" 0 RCP (Pipe No. 15) @ 0.2% slope. This pipe will transmit 12.0 CFS.
AREA #16 (PiAe No. 16
Tc = 5 min.
C - 0.3
i = 8.0 in/hr. (25-year storm)
A = 0.02 Ac.
Q = CiA
Q = 0.3 x 8.0 x 0.02 =0.05CFS
Runoff from Areas #11-15 = 9.22 CFS
Total Runoff = 9.27 CFS
Provide 24" 0 RCP (Pipe No. 16) @ 0.2% slope. This pipe will transmit 12.0 CFS.
SCL.STWTR CALC.0402REV. 111302.doc
Page 12 of 28

11
11
Snows Cut Landing
NCDENR Stormwater Calculations
AREA #17 (Plpe No. 171
Tc = 5 min.
C = 0.3
i = 8.0 in/hr. (25-year storm)
A = 13.04 Ac. (Areas # 1 — 17)
Q=GA
Q=0.3x8.0 x 13.04 = 31.29 US
Provide 36" 0 RCP (Pipe No. 17) @ 0.3% slope. This pipe will transmit 40.0 CFS.
AREA #18 (Pipe No. 18
Tc = 5 min.
C = 0.3
i = 9.5 in/hr. (100-year storm)
A = 16.00 Ac. (Areas # 1 — 18)
Q = CiA
Q=0.3x9.5 x 16.00 = 45.60 CFS
Provide 36" 0 RCP @ 0.5% slope. This pipe will transmit 52.0 CFS.
AREA #19 (Pipe No. 19
Tc — 5 min.
C = 0.3
i = 8.0 in/hr. (25-year storm)
A = 2.5 Ac. (NCDOT R/W)
Q = CiA
Q=0.3x8.0 x2.5=6.0US
Provide 24" 0 RCP @ 0.1% slope. This pipe will transmit 9.0 CFS.
SCL.STWTR CALC.0902REV. 111302.doc Page 13 of 28

1
Snows Cut Landing
' NCDENR Stormwater Calculations
Stormwater Detention Pond Calculations
' Retention of First 1.0 Inch of Rainfall
' Stormwater runoff from the project will be retained in a wet detention
pond. This pond will store the runoff generated by 1 inch of rainfall. The stored
runoff will be discharged over a period of 3.5 days.
' The pond area required to remove 90% of total suspended solids was
calculated using the SA/DA Percentage Chart (see chart) for North Carolina coastal
' regions.
Runoff Calculations
Impervious Surfaces -
' Houses, driveways, (3,600 SF/Lot x 54 Lots) = 194,400 SF
Streets = 80,840 SF
1 Pool Apron 3,850 SF
Total Impervious Surfaces = 279,090 SF (6.41 AC.)
Total Area = 696,960 SF (16.00 AC.)
' Total Pervious Area = 417,870 SF (9.59 AC.)
1" Runoff from Impervious Surfaces = 0.084' x 279,090 SF = 23,444 CF
1" Runoff from Pervious Surfaces = 0.2 x 0.084' x 4171,870 SF = 7,021 CF
Total runoff to be stored in pond = 30,465 CF
' = 228,848 Gal.
Detention Pond Calculations
' Pond Surface area @ Storage Pool Elev. Of 6.6' = 61,696 SF
Pond Surface area @ Permanent Pool Elev. Of 6.0' = 59,504 SF
Average Pond Surface Area = 60,600 SF
Pond Storage Volume = 60,600 SF x 0.6' Depth = 36,360 CF
' 30,465 CF = 60,600 CF = 0.51' Pond use 0.6 Required Depth Storage Re '
9 p q ( )
Total Watershed Area = 16.00 Ac. = 696,960 SF
' Impervious % = 279,090 SF _ 696,960 SF = 40.00%
Pond Depth = 9.0'
1
1 SCL.SFWTR CALC.0902REV.111302.doc Page 14 of 28

Snows Cut Landing
NCDENR Stormwater Calculations
SA/DA % required for 90% solids removal @ 9.0' Depth (see chart) = 1.1%
1.1% x 16.00 AC. = 0.176 AC. = 7,667 SF
Pond surface area @ Permanent Pool Elev. Of 6.0' = 59,504 SF
Pond is therefore adequate for 90% TSS removal.
Orifice Discharge Rate Calculations
Use 3" diameter orifice for outlet
Calculate average discharge rate and time to lower orifice head from 0.6' to 05:
0.1' pond height x 60,600 SF average pond area x 7.5 ga/ft3
= 45,450 Gallons Storage
Average head on orifice from 0.6' to 0.5' = 0.55'
Average discharge rate @ 0.55' head:
Q(GPM) _ (449)c A-/2gh
Q(GPM) = Volume discharge in gallons per minute
c = discharge coefficient = 0.6
A = orifice area in square feet
g = gravity = 32.2
h = head above center of gravity
Q(GPM) _ (449)(.6)(0.0491) -/(2)(32.2)(0.55)
Q=78.7GPM
Time required to lower pond 0.1' @ 0.55' average head:
T = 45,450 Gal. ' 78.7 GPM = 577
78.7 GPM vs 577 minutes plotted on curve (see discharge curve).
SCL.STWTR CALC.0902REV.111302.doc
I
Page 15 of 28

1
Snows Cut landing
NCDENR Stormwater Calculations
' Discharge rate and time to lower head from 0:5' to 0.4':
Q = 71.20 GPM
' T = 45,450 Gal. = 71.20 GPM = 638 minutes
71.20 GPM vs 1,215 minutes plotted on curve.
Discharge rate and time to lower head from 0.4' to 03:
' Q = 62.8 GPM
T = 45,450 Gal. = 62.8 GPM = 723 minutes
62.8 GPM vs 1,938 minutes plotted on curve.
Discharge rate and time to lower head from 0.3' to 0.2':
'
Q = 53.1 GPM
T = 45,450 Gal. = 53.1 GPM = 818 minutes
53.1 GPM vs 2,756 minutes plotted on curve.
Discharge rate and time to lower head from 0.2' to 0.1':
'
Q = 41.1 GPM
T = 45,450 Gal. = 41.1 GPM = 1,106 minutes
41.1 GPM vs 3,861 minutes plotted on curve.
Discharge rate and time to lower head from 0.1' to 0.0':
Q = 23.7 GPM
T = 45,450 Gal. -= 23.7 GPM = 1,917 minutes
23.7 GPM vs 5,778 minutes plotted on curve.
Discharge rate and time to lower head (0.05`) from 0.05' to 0.0':
Q = 15.1 GPM
T = 22,725 Gal. + 15.1 GPM = 1,505 minutes
' 15.1 GPM vs 7,283 minutes plotted on curve.
The outlet structure will discharge the total calculated runoff volume of 228,848
gallons in approximately 2.6 days (see Orifice Discharge Curve).
1 SCL.5TWTR CALC.0902REV.111302.doc Page 16 of 28

Q
=
w
tJl Z
w Ln
~O
�a
'n
vi
LU
QN
(nON
w
V
J
Z LY
� Q
W��
002
L) CL
111 W
1 �°
OC
V1
,
G
M
lD
h
ao
Ln
a
z cD
co
z
�
Qu
h
Ln
N
d
h
.
O
h
�
O 00 00
4 ,1
z
co
h
Ln
h
M
N
I
0
0
a
Q
CDI
Ln O
N
Aro
Q N
O
d
O
d
qT-
is
t7
M O
-----------------— o
m
f6
t7
O
N O
O
O
O
Pd
M Ln
Q co _
O
dam' N d

Snows Cut Landing
' NCDENR Stormwater Calculations
SA/DA
- 85% M .REMOVAL
WITH 301-VEGETATIVE
FILTER
'
IMPER.%
3.OFT
3.5FT
4.OFT
4".5FT
.5.OFT
5.5FT
6.OFT
6.5FT
7. OFT
7.5FT
10%
.9
.8
.7
.6
.5
20%
1.7
1.3
1.2
1.1
1.0
..9
.8
.7
.6
.5
30%
2.5-
2.2
1.9
1.8
1.6
1.5
1.3
1.2
1.Q
.9
'
40%
3.4
3.0
2.6
2.4
2.1...1.9
1.6
1.4
1.1,
1.0
50%
4.2
3.7
3.3
3.d
.2.7
2.4'..
2.1
I.B.
1.5
1.3
60%
5.0-
4.5
3.8
3.5
3.2
2..9.
2.6
2-.3
2.0
1.6
70%
6. 0
5.2
A. 5
4.1
3'.7
3.1
2.9
2-. 5
2.1-
1.8
'
80%
6.8
6.0
5.2
4.7
:4.2
3.7
3.2
2.7
2.2
.2.0.
90%
7.5
6.5
5. 8-'.
5.3
4.8.
4.3:'..
:3.8
3.3
2.8
1.3
100%
8.2
7.4
6.8
.. 6..2
5.6
5A
4.4
3.8
'3.2
2.6
'
SA/DA - >
90% TSS RIVAL.
FOR WET
DETENTION WITHOUT
VEGETATIVE
FILTER
IMPER.% 3.OFT 3.5FT'4.OFT 4:5FT-5.OFT 5.5FT 61OFT"6.5FT 7. OFT 7.5FT
10%
1.3
1.0
.8
.7
.6
.5
.4.
.3
, ..2
.1
20%
2. 4'-
2.0
1.8
- 1.7
1.5
-1.4
1.2
1.0
.. 9
.6.
30%
3.5
3.0
.2.7
2.5
2.2
1.9
IA
1.3
1.1
40%
4.5
4.0'
3.5
3.1
2.8
2.5
2.1'
1.8
1.4
.1
50%
5.6
5.0
4.3
3.9
3:5
3.1
2.7
2.3
1.9
60%
7.0
6.0
5.3
4.8
4'.3
3.9
3.4
.2.9
2A
1.9
70%
8.1
7.0
6A
5.5-
5A
4.5
3.9
3.4
2.9
2.3
80%
9.4
8.0
7.0
6.4
5.7
5.2
4.6
4.0
3.4
2.8
90%
10.7
9.0
7.9
7-. 2
6.5
5.9
5.2.
4.6-
3,9
3.3
100%
12.0
10.0
,
8.8
8.1
7.3
6.6
-5.8
-5.1
4.3
. 3'.6
4O% Imp/9.0' Depth
Snows Cut Landing
1 SCL.STWTR CALC.0902REV.111302.doc Page 18 of 28

Snows Cut Landing
NCDENR Stormwater Calculations
Forebay Calculations
Provide approximately 20% of Total Pond volume including area of forebay
construction and temporary pool volume:
Permanent Pool Volume:
Permanent Pool Area @ Elev. 6.0' _ 59,504 SF
Pond Area @ Bottom Elev. -3.0' = 19,040 SF
Pond Average Area = 39,272 SF
39,272 SF x 9.0' depth = 353,448 CF Permanent Pool Volume
Temporary Pool Volume = 36,360 CF
Total Pond Volume = 389,808 CF
Forebay Volume:
Forebay Area @ Elev. 6.6' =
Forebay Area @ Elev. -3.0' =
Forebay Average Area —
8,728 SF x 9.0' Depth =
78,552 CF = 389,808 CF =
15,376 SF
2,080 SF
8,728 SF
78,552 CF Forebay Volume
20.2%
Forebay = 20.2% of Permanent Pond Volume
SCL.STWTR CALC.0902REV.111302.doc
Page 19 of 28

s
1
II
1
1
1
1
1
1
1
Snows Cut Landing
NCDENR Stormwater Calculations
OUTLET PROTECTION DESIGN
24" 0 PIPE OUTLET
Use attached Nomographs to determine Rip Rap size and Rip Rap apron
configuration for 24" 0 pipe inlet on NCDOT R/W. (Q = 6 CFS).
Design Criteria:
1. 24" 0 RCP outlet pipe with 6 CFS discharge
2. Assume maximum tailwater conditions; well-defined channel.
Pipe Diameter = Do = 3.0'
Apron Length = La = 10' (from Nomograph)
Upstream Apron Width = W,, = 3 x Do = 3 x 2.0 = 6.0'
Downstream Apron Width = Do + La = 2.0 + 10.0 = 12.0' Min.
Median Stone Size = D50 = 0.2' Min. (from Nomograph)
(See attached Rip Rap Blanket Configuration — Plan View)
Select "Class B" Stone (minimum) 5" --15"
Apron Thickness = 1.5 x dnax = 23"
SCL.STWTR CALC.0902REV.111302.doc
Page 20 of 28

Snows Cut Landing
NCDENR Stormwater Calculations
B E
e�.
1 __a
d5o = 0.2`
.1 .3 A-5-a.7.8A1 2 34 5 8 78 10 15 20 25
Ohc+mrp. m3hm
Fig. 7,l6 Design of rjpmp outlet protectian ham a rom.d pip. Having f ll; masimffm
tailwater conditions. (6,14)
slabs mat Since the pipe discharges anto a flat area with ao de&md' ehmmW a mind-
ntum taflwater condttkmLW be aaaumooL
By ft 7.4k the apron length L. and madian item size dq are 10 ft (B m) end 0.3 ft
(9 cm). reepeativ*. The upstream aprm width W. equals 3 times the pipe diamrter D.:
W.-3XD.
3(1 it) — 3 R [3(0.3 m) + 0.9 ml
The downstream apron width Wi equals the apron length Plus the pipe diameter.
Wi-D.+L.
-lR+loft-lift (0.3m+10m..13m)
Now When a concentrated Sow is discharged onto a slaps (as in thin aaamplO. g&
lying ran wwr dowls M from the uatlat protection. The apteading of wnaatmtad Sow
RIP RAP BLANKET
24" 0 RCP AT ENTRANCE ON NC DOT R/W
SCL.STWTR CALC.0902REV.111302.doc
Page 21 of 28

Snows Cut Landing
NCDENR Stormwater Calculations
Water Conveyance and Energy Dissipation
7M
mans. however, to simplify our calculations, we will assume that both i and A remain
constant. Therefore, the pvsl.development runoff is
0.3 (20 ftt/scc) — 40 £t?Awc �10 3 (0.57 m3/sec) — 1.14 zn%ac
This flow will exceed the natural capacity of the stream. It may err,de the streambank
and cause flooding problems.
S7'FP 3. DetMnine how to accommodate the postdevolopment flow in a nonerosive man•
ner. There are several ways we could handle the increased How. We could further divide
the subdivision so that approximately one-half drains into the stream and one-half
Do =2.0'
oj�3 Da = 5.0'
R�
E ri
W imax. TW) = 12.0'
W (min. TW)
Fig. 7.47 Riprap hlnnket configuration for outlet protec-
tion; see the reference for design details. (2)
RIP RAP BLANKET
24" 0 RCP INLET ON NCDOT R/W
SCL.STWTR CALC.0902REV.111302.doc
Page 22 of 28

Snows Cut Landing
NCDENR Stormwater Calculations
OUTLET PROTECTION DESIGN
36" 0 outlet from Sediment Basin/Detention Pond
Use attached Nomograph to determine Rip -Rap size and Rip -Rap apron
configuration for 36" 0 RCP discharging to and from stormwater detention basin.
Use maximum flow during 100-year storm conditions at pond outlet (45.60 CFS).
Design Criteria:
1. Flow = 45.60 CFS; 36" 0 outlet pipe
2. Assume minimum tailwater conditions: no defined channel.
Pipe Diameter = Do = 3.0'
Apron Length = La = 20' (from Nomograph)
Upstream Apron Width = W,, = 3 x Do = 3 x 3.0' = 9.0'
Downstream Apron Width = Do + La = 3.0' + 20' = 23.0' min.
Median Stone Size = dso = 0.8' min. (from Nomograph)
(See attached Rip -Rap Blanket Configuration — Plan View)
Select "Class B" stone (minimum) 5" -- 15"
Apron Thickness = 1.5' x dmax = 23"
SCL.STWTR CALC.0902REV.111302.doc
Page 23 of 28

1
Snows Cut Landing
' NCDENR Stormwater Calculations
7.ea -mion andsediment Control $audbooh•'
.3D
io
ddmanr
D, .
�o1,R-
A �
20
'
� F
M
1.5 .'
•'Y5 50
14'.
40
� 9
41,
3
.
10
m ��--. .'''
1Z ,.. . ,a.
P .p:'1'rQ
"ti:r
"m
..
7z
77
a'
�•
.a a 9:•.
0.1
3 S 10 " 20'
50 . 100 200 500 1000.
i�i 3o-ls 0iacuv.. h�lsec
0.1 0-2 0304 0.5021,.; 2 '3 4 587810 75 2025
'
Fig..4A5 Design of nprap outlet protection from a raund pipe 9owinr Poll. minimum ,
taa--ter condition (a. 141
to find the riprep size. and apron length. The apron width -at the pipe and should
be 3 timas the pipe diameter_ Where. there is a well=defiiiid channel immediately
downstream from the apron, the width of'the downstream end .of the apron
'
abould be equal to the width of the channeL Where there is no well-defined chan-
nel immediately downstream fi=. tlse . apron,. minunum tal7water conditions
apply and the width of.the downstream end of the apron should be equal to the
'
pipe diameter plus the length of the apron
SYAMPLS 'TA 'Hipmp Outlet Pioteedem Design Calculation for hem
Tallwater Conditloa
Given: A flow of B fi°leec (0.11 m°Iaec) discharges from a 12-in (30-tm) plpe nntn'a 2 ,
percent grany mope with no di nod
Finds.. The nquirnd length, width, and madisa stare sire dss for a ripiap apron.
' RIP RAP BLANKET
36" 0 POND OUTLET
1 SCL.STWTR CALC.0902REV.111302.doc Page 24 of 28

Snows Cut Landing
NCDENR Stormwater Calculations
Water Conveyance and Energy Dissipation 7,57
ment. However, to simplify our calculations, we will assume that both i and A remain
constant. Therefore, the postdevelopment runoff is
0.6 s s (0.6 3 a 1
0.3 f20 ft /sec) = 40 ft /sec `0.3 (0.57 m /sec) = 1.14 m Isec
This flow will exceed the natural capacity of the stream. It may erode the streambank
and cause flooding problems.
STEP 3. Determine how to accommodate the postdevelopment flow in a nonerosive man.
ner. There are several ways we could handle the increased flow. We could further divide
the subdivision so that approximately one-half drains into the stream and one-half
D = 3.0'
0
= 9.0'
" r-3D,
M
W (max. TW) J
W (min. TW)
Fig. 7.47 Itiprap blanket configuration for outlet protec-
tion; see the reference for design details. (2)
RIP RAP BLANKET
36" 0 POND OUTLET"
SCL.SrNTR CALC.0902REV.111302.doc
Page 25 of 28

1
IJ
1
1
Snows Cut Landing
NCDENR Stormwater Calculations
K PICZ)IF fi
SI;.ZE FOR RdP,RAR
".
.' '"91
,sent ofIran."sportdtion -Spec,ificat"ions : Snows Cut Landing
5► Outlet Protection
-.SLOPE }
C1aS"s."
:.CI'a:g's.'.:::',,.
Class
1
2
-A
H
I
Percent
5 to 20D:lba.
25 to 2,50 lbs-
?"'co.4" :.
5"",-to 15"
Size%. PaseinEi
.
15 'tc�
S" . " 90-300 .
- .30: shall
- .GOx""s_1iall
300' ibs.
30-� 70
weigh a mini'mum'.
weigh a teini>mum "
�. 10- -.5'
of 60 lbs. each,
of 106:1bs, each.
3/5" 0- 5"
- No more :than
-'No =are.:than''..''
-10%. n '
tolerance
Or use
10% shall
5% shall eigh
top 5
No. 4 arose,"
•'bottom:
i'.e.- 14". co'
weigh less.
leas then' S'6 lbe.
_ sixes
3/4"
than 15-'lbs. ea.
each_"
-"No'grada-
-No grada-
tion
tion
specified
epee ified
"
Also Class
-
2-6", daEcY
*Not an NC -DOT Standard Specification
MORTH CAROLINA
AGGREGATES ASSOCIATION
►, O. "wx 20603 - RALEIGH. MC 27621
►HONE; �t17�, 711.7055"
s
I
SCL.STWTR CALC.0902REV.111302.doc Page 26 of 28

Snows Cut Landing
~^°.=.^"`^:1~"^^
°IL~.^",°`~"^,"=°w�A
~"
...
^`
^`
^.
�
;'.
� !
� .°.
---_'----� �.^
'.`
i � !
. .
~r~�K�."°^
°~
i
,.
�—
LL
..
^^
~ °
. ..
~ ~ .L"

Snows Cut Landing
NCDENR Stormwater Calculations
FIGURES
FIGURE 4
FLOW FOR CIRCULAR PIPE FLOWING FULL
BASED ON MANNING'S EQUATION n=0.012
5000 -...-
4000 - - - -- - - •— .- . _.....-
3000
2000 - - - --
1000 - '--'
60C - --
400-300
0 100
w 80
U)
Of 5O
40
U. sO /
U
U
z
181
26
24
20
18
16
I2
�e� ` ?
4 MS-C
.3: -------
2
- -
.0i .02 .03.04.05 i .2 .3 .4 .5.6 .8 1 2 3 4 5 6 510
SLOPE Or PIPE IN FEET PER 100 FEET
SCL.SIWTR CALC.0902REV. 111302.doc
Page 28 of 28

11
1
SECTION 1600 - LANDSCAPING: EROSION AND SEDIMENT CONTROL
1.0 GENERAL:
' The Contractor shall provide all labor, materials, equipment, tools and
perform all work and services necessary for or incidental to landscaping as
required by these specifications and/or shown on the plans.
All supplementary or miscellaneous items, appurtenances or services
'. necessary for a complete job shall be furnished as a part of this work,
although such work shall not necessarily be shown or specified.
I
1
I
1]
I
All work shall comply with the regulations of the North Carolina
Sedimentation Control Act of 1973. All erosion control devices shall be
installed and maintained as'required by the North Carolina Department of
Natural Resources and Community Development. Such measures may
consist of berms, dikes, drains, and sediment basins, or use of fiber mats,
woven plastic filter cloths, gravel, mulches, bituminous spray, and other
erosion control devices or methods. All erosion and sediment control
devices shall be approved by the Engineer prior to installation.
2.0 LANDSCAPING:
A. The work includes seedbed preparation, liming, fertilizing, seeding,
and mulching of ail disturbed areas. The work also includes those
areas inside or outside of limits of construction that are disturbed
by the Contractor's operation.
B. The ground surface shall be clear of stumps, stones, roots, cables,
wire, grade stakes, and other materials that might hinder proper
grading, tillage, seeding or subsequent maintenance operations.
C. Where lawns are to be planted in areas that have not been altered
or _disturbed by excavating, grading, or stripping operations,
prepare soil for lawn planting as follows.
• Till to a depth of not less than 6".
• Apply soil amendments and initial fertilizers as specified.
• Remove high areas and fill in depressions.
1 SECRON 1600.doc Page 1 of 4

n
t
• Till soil to a homogenous mixture of fine texture, free of lumps,
clods, stones, roots, and other extraneous matter.
D.
Grades on the area to be seeded shall be maintained to a true and
even condition. Maintenance shall include any necessary repairs to
previously graded areas.
E.
All graded areas shall be thoroughly tilled to a depth of at least four
(4) inches by plowing, disking, harrowing, or other approved
methods until the condition of the soil is acceptable. On sites were
e
soil conditions are such that high clay content and excessive
compaction cause difficulty' in getting clods and lumps effectively
pulverized, the Contractor shall use the rotary tillage machinery
until the mixing of the soil is acceptable and no clods and clumps
remain larger than 11/2 inches in diameter. A firm and compact
seedbed is required, and after being graded, the seedbed shall be
lightly compacted with a land roller such as a cultipacker before
and after seeding.
'
F.
Limestone shall be dolomitic agricultural -ground limestone
containing not less than 10 percent magnesium oxide and
uniformly applied at a rate of 2000 pounds per acre prior to
preparation of seedbed.
G.
Fertilizer shall be the standard commercial product uniformly
applied at a rate of 1000 pounds per acre of 10-10-10 analysis.
'
H.
The fertilizer shall be incorporated into the upper three or four
inches or prepared seedbed just prior to the last tillage operation,
but in no case shall be applied more than three days prior to
1
seeding. Fertilizer shall .be used immediately after delivery or
stored in a manner that will not permit it to harden or destroy its
effectiveness. When hydroseeding equipment is used for seeding,
fertilizer shall be applied simultaneously with seed, using the above
rate of application.
'
I.
Seed shall be certified seed or equivalent based on North Carolina
Seed Improvement Association requirements for certification. All
seed shall be furnished in sealed standard containers. Seed, which
has become wet, moldy, or otherwise damaged prior to seeding,
Iwill
not be acceptable.
J.
Seeding shall be accomplished with power -drawn planters and land
'
packer or hydroseeding equipment.
1 SECTION 1600.doc Page 2 of 4

u
1
1
I
0
11
K. When conditions are such by reason of drought, high winds,
excessive moisture, or other factors where satisfactory results will
not be obtained, the work shall be stopped and resumed only when
conditions are favorable.
L. Apply 4,000 - 5,000 lb./acre grain straw or equivalent cover of
another suitable mulching material. Anchor mulch by tacking with
asphalt, roving or netting. Netting is the preferred anchoring
method on steep slopes.
M. Method used to apply the mulch shall be mechanical type
equipment and shall obtain a uniform distribution to permit sunlight
to penetrate to the ground surface.
N. Provide and maintain temporary piping, hoses, and lawn watering
equipment as required to convey water from water sources and to
keep seeded areas uniformly moist as required for proper growth.
Maintain grass stands by watering, fertilizing, weeding, mowing,
trimming, and other operations such as roiling, regrading, and
replanting as required to establish a smooth, acceptable grass
stand of three (3) inches minimum height, free of eroded or bare
areas.
DO
Remulch with new mulch in areas where mulch has been disturbed
by wind or maintenance operation sufficiently to nullify its purpose.
Anchor as required to prevent displacement. Replace bare areas
using same materials specified for grass stands.
PERMANENT SEEDING RECOMMENDATIONS:
Seeding mixture for Summer (April 15 — Sept. 15):
SSgecies Rate (Lbs/Acre)
Hulled Common Bermuda 100
Unhulled Common Bermuda 100
Brown Top Millet 100
Seeding Mixture for Winter (Sept. 15 -- April 15):
Species Rate (Lbs/Acre)
Hulled Common Bermuda 100
Unhulled Common Bermuda 100
Brown Top Millet 100
ISECTION 1600.doc Page 3 of 4

Soil Amendments: Follow soil test or apply 2.,000 Lb/Acre ground
agricultural limestone and 1,000 Lb/Acre 10-10-10 fertilizer
Mulch: Apply 4,000 Lbs/Acre wheat straw. Anchor straw by
tacking with asphalt, netting, or a mulch -anchoring tool. A disk
with blades set nearly straight can be used as a mulch -anchoring
tool.
Maintenance: Repair, reseed, fertilize and mulch damaged and
low -germination areas immediately. If growth is less than
adequate to provide continuous ground coverage, re -fertilize
according to soil tests, or top dress with 500 Lbs/Acre 10-10-10
fertilizer and apply ground agricultural limestone to attain a soil PH
of 7.0.
END OF SECTION
SECnON 1600.doc
Page 4 of 4

1
1
1�
0
SECTION 2400 - STORM SEWER
1.0 GENERAL:
A. Description - This item shall consist of all reinforced concrete plus
other storm pipe for the sizes and dimensions called for on the
plans, furnished and installed at such places as are designated on
the plans or by the Engineer with the lines and grades given and in
conformity with these specifications.
B. This item shall also include the furnishing and construction of such
joints and connections to other pipes, boxes, storm manholes,
junction manholes, catch basins, etc., as may be required to
complete the work - shown on the plans. All supplementary or
miscellaneous items, appurtenances and devices incidental to or
necessary for a sound, secure and complete storm drainage
system, shall be furnished and installed as part of this work,
although such work may not be specifically shown or identified.
The Contractor shall check all drawings relative to dimensions,
elevations, sizes and locations of all work. Any discrepancies shall
be adjusted prior to proceeding with the work.
C. Materials - All materials shall be free from any defects and in
general be in accordance with the plans and all applicable ASTM or
other standards.
D. All reinforced concrete storm pipe used in this project' shall be
manufactured in accordance with and shall meet the test
requirements and conditions set forth in specifications for
reinforced concrete sewer pipe, of the ASTM, serial designated C76
(latest revision), and C507 (latest revision). Class III pipe shall be
used except where Class IV pipe is specifically called for on the
plans. Gaskets shall be RAM-NEK as manufactured by K.T. Synder
Company, Inc. of Houston, Texas, and meet or exceed all
requirements of ASTM C-33 and Federal Specifications SS-S000210,
or equal as provided by Engineer.
E. All vitrified clay used in this project shall comply with ASTM
Designation C-700 (latest revision). All clay sewer pipe shall be
extra strength pipe and each length of pipe shall bear the initials or
name of the manufacturer, the location of the plant and the words,
"Extra Strength" or the symbol "ES". Joints. for Vitrified Clay Bell
I
sECTTON 2400 Page i of 5

I
and Spigot Pipe shall comply with ASTM Designation C 425 (latest
revision). The spigot may be formed from an isophthalic polyester
casting bonded to the clay pipe and designated to receive a high
quality "0" ring gasket.
' F. All ductile iron pipe and fittings used in this project shall -be
bituminous coated and shall be in accordance with the latest
revision of the following: "American Standards Association"
Standards ASA-A21.4; ASA-A21.20; ASA-A21.11; ASA-A21.50 (Class
51); and ASA-A21.51 (Class 50). All fittings shall be Class 150 in
' accordance with ASA-A21.10, latest revision.
G. Concrete poured in place shall be 4000 psi (28 day strength) unless
otherwise specified. Precast concrete shall be in accordance with
the applicable ASTM.
'
H.
Reinforcing Steel - Reinforcing steel shall comply with ASTM A615,
Grade 60 unless otherwise shown or specified.
I.
Casting - Casting for catch basins, manhole covers, downspout
boots and the like shall be of tough, even grained ductile iron, free
from warp, projections, sand holes, burnt -on sand, and other
injurious defects, and of the type and dimensions shown on the
drawings. All such iron frames and covers shall be machined
'
sufficiently to prevent rocking. Before leaving the foundry, castings
shall be thoroughly cleaned, subjected to hammer test for
soundness, and given two (2) coats of coal tar pitch varnish.
'
1
Cleanout - Cleanouts are required as designated on plans.
'
2.0 CATCH BASINS AND DROP INLETS:
A.
Materials shall conform to the requirements of the N.C. Department
of Transportation Specifications.
'
B.
Brick - Brick used in catch basins and/or drop inlets shall be in
conformity to NCDOT Standard Specifications for Roads and
Structures 1978 and shall be laid with full shovel joints; all joints
shall be thoroughly filled with mortar and the thickness of joints on
the inside of the wall must not be more than three -eighths (3/8) of '
'
an inch.
1 sEMON 2400 Page 2 of 5

C. Concrete Block - Solid concrete block shall be made by a
manufacturer approved by the Engineer and shall be tested and
' certified by a reputable 'Testing Laboratory approved by the
Engineer.
D. Concrete - Shall be 4000 psi (28 day strength) unless otherwise
specified. Precast concrete shall be as required by the applicable
ASTM.
E. Manholes - Manholes shall be in accordance with the plans and
' general specifications under Section 0300 - "Manholes". Precast
manholes shall be in accordance with the applicable ASTM.
IF. Castings - Shall be in accordance with specifications in other
sections and as shown on the plans.
1 G. Contractor shall examine the substrate and the conditions under
which concrete formwork are to be performed. Do not proceed
with the work until unsatisfactory conditions have been corrected.
1
H. Unless otherwise shown or specified, design, construct, erect,
maintain and remove forms and related structures for cast -in -place
concrete work in compliance with the American Concrete Institute
Standard ACI 347, "Recommended Practice for Concrete
1 Formwork".
I. Allowable Tolerances - Construct formwork to provide completed
concrete surfaces complying with the tolerances specified in ACI
347 after removal of forms and prior to patching and finishing of
cast -in -place formed surfaces.
J. Design of Formwork
(1). Design of construction of formwork is the responsibility of
Contractor.
' (2). Design, erect, support, brace, and maintain formwork and
shoring to safely support all superimposed concrete and
construction loads placed on them. Transmit loads to
ground by formwork system and in -place construction that
has attained adequate strength for that purpose. Construct
formwork to provide concrete members and structures of
I
correct sizes, shape, alignment, elevation and position.
1 SECTION 2400 Page 3 of 5

1 (3). Design formworks to be readily removable without impact,
shock, or damage to cast -in -place concrete surfaces and
adjacent materials.
'
K. Form Construction - General
Construct forms to comply with ACI 347, to the exact sizes, shapes,
lines and dimensions shown, and as required to obtain accurate
alignment, location, grades, level, and plumb work in finished
structures. Provide for openings, offsets, sinkages, keyways,
'
recesses, moldings, rustications, reglets, chamfers, blocking
screeds, bulkheads, anchorages, and inserts, and other features
1
required.
L. Accessories and Embedded Items
'
Installation of Embedded Items - set and build into the work
anchorage devices and other embedded items required for work of
other trades that is attached to, or supported by, concrete. Use
setting drawings, diagrams, instructions and directions provided by
suppliers of items to be attached thereto. Carefully coordinate and
locate items.
accurately embedded
eM.
Concrete Reinforcement - Fabrication
(1). Detail and fabricate reinforcing bars in compliance with ACI
Manual of Standard Practice for Detailing Reinforced
Concrete Structures (ACI 315) and Chapter 7 "Details of
Reinforcement" ACI Building Code (ACI 318). In event of
fabricating errors, do not rebend or straighten bars in any
manner that will injure or weaken material. Cold bend all
bars.
(2). Do not use any reinforcing having any of the following
defects:
` (a). Bar lengths, depths and bends exceeding specified
fabrication tolerances.
(b). Bends not indicated on project drawings or approved
'
shop drawings.
(c). Cracks or splits occurring at bends.
'
(d). Bars with reduced cross-section due to excessive
rusting or other causes.
1 SECTION 2400 Page 4 of 5

I
N. Placing Reinforcing - Comply with CRSI "Placing Reinforcing Bars",
and with ACI Building code (ACI 318), Chapter 7 "Details of
Reinforcement".
0. Do not place concrete on reinforcing which has rust, mill scale,
' form oil, earth, ice, and other materials which will reduce or
destroy bond.
' P. Accurately position, support, tie and secure reinforcement against
displacement by construction operations drawings. Where not
shown, provide concrete cover as specified in paragraph 7.14 of
' ACI 318.
Q. Space and locate reinforcing bars as shown on drawings and within
placement tolerances stated in CRSI "Placing Reinforcing Bars".
Maintain minimum clear distances between bars as stated in
paragraph 7.4 of ACI 318. When reinforcing cannot be placed in its
indicated locations within specified placing tolerances, or with
specified minimum clear distances between rebars, notify Engineer
' immediately. Do not pour concrete until corrective action has been
determined by the Engineer.
R. Provide lap splice lengths as indicated on drawings. Where not
indicated, provide top bar Class C tension lap splice lengths as
specified in paragraph 7.6 of ACI 318. Place lap spliced ends of
' bars in contact with each other and tightly wire together.
S. Refer to other applicable sections of the contract documents
regarding concrete, etc.
1
END OF SECTION
sEMON 2400.doc Page 5 of 5