SW8060509_HISTORICAL FILE_20090515

STORMWATER DIVISION CODING. SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW-8 DCo OS
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2oog 051 5
YYYYM M D D

Permit Number SW8060509
Central Files: APS SWP
05/15/09
Permit Tracking Slip
Program Category Status Project Type
State SW Active Major modification
Permit Type Version Permit Classification
State Stormwater 1.10 Individual
Primary Reviewer
maryjean.naugle
Coastal SW Rule
Coastal Stormwater - 1995
Permitted Flow
Permit Contact Affiliation
Facility
Facility Name Major/Minor Region
Summerhouse on Everett Bay Minor Wilmington
Location Address County
Sr 1534 Onslow
Holly Ridge NC 28445 Facility Contact Affiliation
Owner
Owner Name Owner Type
R A North Management I Inc Non -Government
Owner Affiliation
Randy Allen
110 Matthews Sta St Ste 2-D
Matthews NC 28105
Dates/Events
^T� Scheduled
Orig Issue App Received Draft Initiated Issuance public Notice Issue Effective Expiration
07/10/06 05/13/09 05/15/09 05/15/09 07/10/16
Regulated Activities Requested/Received Events _
State Stormwater - HD - Detention Pond Deed restriction received
State Stormwater - Low Density Deed restriction requested
Additional information requested 05/13/09
Additional information received 05/15/09
Outfall NULL
Waterbody Name Stream Index Number Current Class Subbasin

'z
47r,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 15, 2009
Mr. Randy Allen, President
R.A. North Management 1, Inc.
3129 Springbank Lane, Suite 200
Charlotte, NC 28226
[phone]
Subject: Approved Plan Revision
Stormwater Permit No. SW8 060509 Plan Revision
Summerhouse on Everett Bay
High Density Subdivision Project
Onslow County
Dear Mr. Allen:
On May 13, 2009, the Wilmington Regional Office received a request for a plan revision to the State
Stormwater Management Permit Number SW8 060509. The revisions include:
• A reduction in built -upon area (BUA) for the sale of property to ONWASA for the Wastewater
Treatment Plant Site Location. The BUA and drainage area reductions are taken from the overall
drainage area. This drainage area was permitted as low density.
• The property, drainage area, and BUA are transferred to ONWASA on permit number SW8 010326,
• The total overall low -density drainage area is reduced by 240,612 square feet to 20,772,565 sq. ft.
• The total future BUA is reduced by 6,697 square feet to 43,003 square feet.
• The total overall BUA is reduced by 49,241 square feet to 4,789,131 square feet for the overall low -
density project.
It has been determined that a formal permit modification is not required for the proposed changes. We are
forwarding you an approved copy of the revised plans, BUA table, and ownership change form for your
files. Please add the attached documents to the previously approved documents.
Please be aware that all terms and conditions of the permit issued on July 10, 2006, remain in full force
and effect. Please also understand that the approval of this revision to the approved plans for the subject
State Stormwater Permit is done on a case -by -case basis. Any other changes to this project must be
approved through this Office prior to construction. The issuance of this plan revision does not preclude the
permittee from complying with all other applicable statutes, rules, regulations or ordinances which may
have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction.
If you have any questions please Georgette Scott or me at [phone],
irtcerely,
Mary A Naugle
GDSlmjn: S:IWQSISTORMWATERIPERMIT1060509PRmay09
cc: Jeff Adkins, P.E.,, McKim & Creed, P.A., 919-233-8091, fax: 8031.
1730 Varsity Drive, Raleigh, NC 27606 (re: ONWASA)
Carl Huddle, P.E., Carolina Engineers, 252-633-2424, fax: 1370.
P.O. Drawer 1578, New Bern, NC 28563 (re: Summerhouse)
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 North Caro 1 i n a
Internet: www.ncwaterquatity.org �/ v �']aft(ra y
An Equal Opportunity l Affirmative Action Employer "

Cc: Onslow County Building Inspections
Milmington Regional Office — SW8 060509.
Wilmington Regional Office — SW8 010326
Division of Coastal Management
Central Files
M.J. Naugle
Page 2 of'2

m AY
North Carolina Department of Environment and Natural Resou
s0-?6c—toDt P�-
Division of Water Quality
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
t. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number SW8060509
2. Permit Holder's Name: RA North Development 1. Inc._
3. Signing official's Name: Rand I n Title: President
ne6feofrP..r, " --
4. Mailing Address: 3129 S r�ingbank Lane, Suite 200
City: Charlotte _ _ _ Stale: NQ Zip: 28226
Phone: [phone] Fax: (704 ,} 3 1-9 23
ll. NEW OWNER 1 PROJECT/ ADDRESS INFORMATION:
1. This request is for: (please check all that apply)
�_. A1,
® a. Change in ownership of the property/company (Please complete Items #2, #3, and #4
below)
❑ b. Name change of project (Please complete Item #5 below)
❑ c. Mailing address change. (Please complete Item #4 below)
® d. Other (please explain): Transfer Summerhouse WWTP Site Location
2. New owner's name to be put on permit: Onslow Water and Sewer Authority
3. New owner's signing official's name and title: Jeff L. Pearson
Title: Executive Director
4. New Mailing Address: PO Box 1415
City: nvi le State: jar Zip: ZQS
Phone: [phone] Fax: i0 4 5-66 7
5. New Project Name to be placed on permit: ONWASA Stymo Sound Wastewater Infrastructure
OwnershipMame Change-022309 Page I of 3

PERMIT NAMEIOWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION
�. Sty o6°t
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 MY§TT 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 Permittee's Certification:
I, .Alo;Q7ii -bt(C-Wi T ,WC, attest that this application for a name/ownership change
has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all
required parts of this application are not completed and that 9 all required supporting information and
attachments are no 'ncluded, this application package will be returned as incomplete.
Signature:
New Applicant's Certification: (Must be completed for an transfers of ownership)
I, _ s]a+t L. rP_O.rS a h , 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 014
applica' a not completed and that if all required supporting information and
attachments clthis plication package will be returned as incomplete.
Sig
WE
package to NCDENR Division of Water Quality
Surface Water Protection Section — Star water
at the Appropriate Contact Address (see the following page)
OwnershipMrneChange-022309 Page 2 of 3
FIF.

?A&ve L� G
To:
From
Date:
Re.
f
1
St�B Flo
Memorandum �`"�----==�_j
Mary Jean Naugle (NCDENR Express Stormwater Permitting)
Jeff Adkins/Robert Gordon, McKim & Creed P.A.
May 12, 2009
Summerhouse WWTP Stormwater Plan Revision (SW8 060509)
This memo is to request a plan revision of State Stormwater permit number SW8 060509
to remove the Summerhouse WWTP (see Exhibit A) from the Summerhouse subdivision
permit. The Summerhouse WWTP was purchased by ONWASA in February of 2009
and will be combined with the Stump Sound Regional Wastewater Infrastructure permit
(SW8 010326). The overall BUA table for SW8 060509 will be revised as follows:
oi�1`• Ex/ isting ermit (SW8 060509)
Basin information
Total Drainage Area q SIG
Receiving Stream Name::
- Spicer- Bny/Everett.Bay.'Kings Creek
Receiving Stream Cliss
SC VA tCrs W
Drainage Area
21,013;177
xiit ng Impervious -Area
0
Proposed lmparviouc Area (Total)
4,838,372
% impervious Area froOLI) :
23.03%
Impervious' Surfaee Area
Total Drainage Area
oa-Site Streets
961,561
On -Site Sidewalks
226,757
Club House & Parking
40,074
Wastewater Trm=ent Punt'
42,544
Boat Storage
82,736
LaL-,
3,434,700
Future Development
SD,D00
Tatar
4,938,372

-10 1.Proposed Permit (SW8 060509)
Basin Information
Overall Drainage Area
Receiving Stream Name
' '
Spicer Bay/Everett Bay/Kings Cr.
Restricted Area
Receiving Stream Class
SC, Sw; NW
Drainage/Project Area
20,772,565 sf
Impervious Area
0
-Existing
Proposed Impervious Area
4,789,131 sf
% Impervious Area
23.06%
Impervious Surface
Total Impervious Area
On -Site Streets
961,561 sf
On -Site Sidewalks
226,757 sf
Club House & Parking
40,074 sf
Boat Storage
82,736 sf
Lot BUA
3,434,700 sf
Future development
43,303
h,?jAN � �� 'r:i ir)
BY:
tA
S
The BUA of the Summerhouse WWTP is 49,241 sf. Note that this exceeds the permitted
amount by 6,697 sf. This additional amount was subtracted from the future BUA
allocation.

REC �.
AZA MAY 1 g 2009
North Cardinal Department of Environment and Natural Resou
Division of Water Quality
STATE STORMWATER PERMIT NAMEIOWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
r
r
1. Stormwater Management Permit Number S 806 509
2. Permit Holder's Name:
3. Signing official's Name: Randy Allen Title:
ZaonTea rab* lot perftQ
4. Mailing Address: 3129 Soringbank Lane, Suite 200
City: Charlotte State: Nam, Zip: 28226
Phone: (IQ_4) 21-1 Fax: {704 1321-9823
IL NEW OWNER 1 PROJECT/ ADDRESS INFORMATION:
1. This request is for: (please check all that apply)
A Y-70 a-DN or NUe
® a. Change in ownership of the propertylcompany (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): Transfer_ Summerhouse WWTP—Slle Location
2. New owner's name to be put on permit: Onsl2w W t r and Sewer Authority
3. New owner's signing official's name and title: Jeff L. Pearson
Title: Executive Dirgctor
4. New Mailing Address: PO Box 1415
City: Jacksonville State: NC Zip: 82 5 04
Phone: ( W 455-0722 Fax: [phone]
5. New Project Name to be placed on permit: ONWASA Stump Sound Wastewater Infrastructure _
Ownamh"ame Change-02M Page t of 3
\

i
MAY 1 $ 2009
PERMIT NAME/OWNERSHIP CHANGE FORM 5tx,�e ObC�4�,Pr—
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION F BVm'ER
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 Permittee's Certification:
1, .t2, w. uou2lH DOttTl,fluC, attest that this application for a name/ownership change
has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all
required parts of this application are not completed and that if all required supporting information and
attachments are not)ncluded, this application package will be returned as incomplete.
Signature: G---�I� _ _.Date: S� �"�
New Applicant's Certification: (Must be cemPWW for al transfers of awrwstnp)
1, _ J is t t L. re d,r s a n , 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
requir4partsoapplic a not completed and that if all required supporting information and
attachcl , this plication package will be returned as In m lete.
SignatDate:package to NCDENR Division of Water Quality
Surface Water Protection Section — Sto water
at the Appropriate Contact Address (see the following page)
owoersh"aM Charge-0ZM
Paw 2 of s

?A44E� (orZ ,�
To
From:
cr
y
9 2009Memorandum
VQ
Mary Jean Naugle (NCDENR Express Stormwater Permitting)
Jeff Adkins/Robert Gordon, McKim & Creed P.A.
Date: May 12, 2009
Re. Summerhouse WWTP Stormwater Plan Revision (SW8 060509)
This memo is to request a plan revision of State Stormwater permit number SW8 060509
to remove the Summerhouse WWTP (see Exhibit A) from the Summerhouse subdivision
permit. The Summerhouse WWTP was purchased by ONWASA in February of 2009
and will be combined with the Stump Sound Regional Wastewater Infrastructure permit
(SW8 010326). The overall BUA table for SW8 060509 will be revised as follows:
TV-M'. Existing Permit (SW8 060509)
Basin Information
Total Drainage Area pV
Receiving Stream Name:.
Spicer-BayfBverett13ay/Kings Creek
Receiving Stream Class
SC weters e, €#
➢ramage Area
21,013;177
Existing Impervious Area
0
Proposed Impavious Area (Total)
4,838,372
%%peMous A= Crotal) ;
23.03%
Impervious* Surface Area
Total Drainage Area
On -Site Streets
961;561. -
On -Site Sidewalks
2 26,757
Club House & Parking
40,074
wastewater Treatment P1ant
42,544 ,
Boat Storage
82,736
L%
3,434,70o .. .
imire Development
30,000
"fetal:
4,938,372
l5

P4fi&2PZ
-M 1.Proposed Permit (SW8 060509)
Basin Information
Overall Drainage Area
Receiving Stream Name
' I
Spicer Bay/Everett Bay/Kings Cr.
Restricted Area '
Receiving Stream Class
SC, Sw; H W
Drainage/Project Area
20,772,565 sf
Existing Impervious Area
0
Proposed Im ervious Area
4,789,131 sf
% Impervious Area
23.06%
Impervious Surface
Total Impervious Area
On -Site Streets
961,561 sf
On -Site Sidewalks
226,757 sf
Club House & Parkin
40,074 sf
Boat Storage
82,736 sf
Lot BUA
3,434,700 sf
Future development
43,303
4) rigq)t3t s t-
R=EC
MAY 1 B 2009
Sumrnep-NovsE v.K*si'�
44-14 -%Dr-)
The BUA of the Summerhouse WWTP is 49,241 sf Note that this exceeds the permitted
amount by 6,697 sf. This additional amount was subtracted from the future BUA
allocation.

�c
P. 01
TRANSACTION REPORT
— —
MAY-15-2009
FRI 01:14 PM
�c
�K
FOR: NGDENR
910 350 2004
SEND
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>Ic
DATE START RECEIVER
TX TIME PAGES TYPE
NOTE
M# DP
MAY-15 01:13 PM 912526331370
25" 3 FAX TX
OK
593
TOTAL.
25S PAGES:
>Ic
�
State of N orth Carolina
Department of Environment and ]natural Resources
Willnington Regional Office Dee Freeman, Secretary
Beverly Laves Perdue, Governor FAX COVED STREET
� No. Pages {excl. cover);
Date: z--= - Express Permitting
From: Sr�andarum
Phone: a {1 796-72G5 ,
Co
Fax: 41i7 350-2Ci04 ._-,_w
pax :
Hard conv to
177 Cardinal Drive Extcnsion, WilmingLL NC 29405 e (910) 7%-7215 • An Equal Opporninity Afrrmativc Action Employer

P. 01
TRANSAOTIOH
REPORT
:K
MAY-15-2009 FRI
01:04 PM :K
>K FOR: NCDENR
910
350 2004
:K SEND
K
DATE START RECEIVER
TX TIME
PAGES TYPE
NOTE
MO DP
MAY-15 01:04 PM 917043219823
25"
3 FAX TX
OK
592
TOTAL :
25S PAGES: 3
State of North Carolina
Department of Ellsri ronn tent and Natural Resources
Wilmington ]Regional'office
Beverly Eaves Perdue , Governor
FAX COVER SREET
Date: �L
To: a
Co:
Fax:
HC,rd Cgpy to follow
Dee Freeman, Secretary
No. Pages (excl. cover):
Express Permitting
From, Sandra Exum
Phone [phone](55
Fax: [phone]
t.\ti k-r
127 Cardinal Drive Exten.Mon, Wilmington, NC 2$405 . (910) ; 56-721 S *An Equal OpportunityAffirmative Action 2rnploycr

P,01
TRANSACTION
REPORT
MAY-15--2009 FRI
01:04 PM
—
FOR, NCDENR
910
350 2004
SEND
a�
aK DATE START RECEIVER
TX TIME
PAGES TYPE
NOTE
M# DP
>K MAY-15 01:03 PM 919192338031
26"
3 FAX TX
OK
591
TOTAL
26S PAGES: 3
State of At*orth Carolina
Department of Fnvironment and Natural Resources
Wilmington Regional Office
Beverly Eaves Perdue, Governor
FAX COVER SHEET
Date: 7 o fj
To:
Pax- '3 „
Re:
Hard Copy to follow
Dee Freeman, Secretary
No. Pages (excl, cover):
Express Permitting
From: Sandra Exum
Phone [phone]
Fax: [phone]
127 Cardinal Drive f:xtension, Wilmington, NC 28405 • (910) 796.7 215 + M Rjual Opportunily Affirmative Action GmployCr

MAY 13 2009
H©GUE,
W. TALMAGE JONES
DAVID A. NASH
WILLLAM O. a LYNCH
JAMES S. SNOW Ill
WAYNE A. BULLARD
ANNA J. AVERI7T
HILL; JONE5, NASH & L
ATTORNEYS AT LAW
101 SOLITHTHIRD 5TREET
WILMINW r,4 NC ZS401
Mr, FTahK Sanders
4nterim Director
Onslow Water. and Sewer Authority
P,O.BOX1415
Ja4sonvilie, NC 28540
February 24, 2009
Wes J. Camden, Esq.
Womble, Carlyle, Sandridge & Rice, PLLC
P: O: Box 831
Raleigh, AEG 27602
Re: Summerhouse Tracts, Onslow County, NC
Dear Frank and Wes:
,�•_ irec�ived
. P. '�. L ,
P. D. DRAWER 217E
WILMINGTON, NC 29402
TELEPHONE 91 o-76s-4s6s
FACSIMILE 91 0-762.15587
OF COUNSEL
CYRU5 D. ROGUE, OR-
WILLIAM L HILi, 11 I1931-2001 i
Enclosed, in connection with the above matter, are codes of the following items:
1. Indemnity and Covenant, dated February 4, 2009, between ONWASA and R.A.
North Development I, Inc., and Summerhouse on Everett Bay Homeowners' Association, Inc.;
2. Asset Purchase Agreement for the Acquisitioh of the Wastewater System Assets
of R. a. North Development 1, Inc. by bNWASA, dated January, 2009;
3. Wastewater Service Agreement, dated February 4, 2009, betweon R.A. North
Development I, 166. and ONWASA;
4. Settlement Statement, dated February 6, 2009;
5. Correspondence with The Title Company of North Carolina, dated February 6,
2009, along with copy of Escrow Agreement, dated February 4, 2009 and check payable to The
Title Cbmpariy of North Carolina in the amount of $46,377:00;
6. Mutual Consent and Quitclaim, dated January 29, 2009, and recorded in Book
3178, Page 50-53, Onslow County Registry,
7. Noh-Warranty Deed, dated January, 2009, and recorded In Book 3177, Page
474-480, Onsiow County Registry;
8. Bill of Sale of Personal Property, dated January, 2009, and recorded in Book
3177, Page 481=482, OnsloW County Registry; and

Mr. Frank Sanders
Wes J. Camden, Esq.
Page 2
9. Amendment to Declaration of Protective Covenants, Restrictions, Easements,
Charges and Liens for summerhouse on Everett Bay, dated January 8, 2009, and recorded in
Book 3177, Page 483-485.
Please call if you have any questions.
Very truly yours,
r3��
William O. J. Lynch
WOJUvms

INDEMNITY AND COVENANT
This INDEMNITY AND COVENANT is made this day of February, 2009, by
ONSLOW WATER AND SEWER AUTHORITY, a body politic and corporate of the
State of North Carolina ("ONWASA') for the benefit of and between R. A. NORTH
DEVELOPMENT 1, INC., a North Carolina Corporation ("R.A,') and the
SUMMERHOUSE ON EVERTT BAY HOMEOWNERS' ASSOCIATION, INC., a
North Carolina not -for -profit corporation (the "HOX) (collectively the 'Parties').
WHEREAS, the Parties desire 'to complete and close their transaction in which RA:
conveys the wastewater system (the "Property') located in Summerhouse on Everett Bay
(the "Development') to ONWASA in accordance with their written contract and closing
documents; and
WHEREAS, the Development is located in the Town of Holly Ridge, North Carolina
("Holly Ridge'); and
WHEREAS, the Parties have sought an official interpretation from the zoning
administrator for Holly Ridge that the transaction and the Development are in compliance
with all zoning, subdivision and other land use regulations applicable to the
Development; and
WHEREAS, R.A. has agreed that it has an obligation to establish the berm, fencing and
landscaping improvements shown Exhibit I and has agreed to place in escrow with The
Title Company of North Carolina the amount estimated by the Parties to establish these
improvements; and
WHEREAS, the Parties are still waiting for Holly Ridge to provide an official
interpretation from its zoning administrator that R.A.'s conveyance of the Property to
ONWASA complies with all applicable Holly Ridge land use regulations and that after
this transaction is complete the Development is in compliance with all zoning,
subdivision and other land use regulations applicable to. the Development; and
WHEREAS, the Parties desire not to delay their transaction any longer.
NOW THEREFORE, in consideration of the foregoing and for Good and Valuable
Consideration, ONWASA provides the following indemnity and covenant for the benefit
of R.A. and the HOA:
1. ONWASA indemnifies and holds harmless R.A., the HOA, their agents,
principals, employees, afEaliates, successors and assigns ("Indemnified Persons")
from and against all liabilities, costs, damages, losses, expenses, claims,
judgments, including but not limited to attorney and consultant fees arising from,
related to or resulting from any obligation imposed or attempted to be imposed by
Holly Ridge upon the Indemnified Persons regarding any duty or obligation
related to establishing fencing, landscaping or berms adjacent to, near or around

any of the facilities of the Property other than the improvements which are shown
on Exhibit 1.
2. ONWASA and its legal counsel agree to exercise their best efforts to obtain the an
official interpretation from the zoning administrator for Holly Ridge that RA's
conveyance of the Property to ONWASA complies with all applicable Holly
Ridge , land use regulations and that after this transaction is complete the
Development is in compliance with all zoning, subdivision and other land use
regulations applicable to the Development.
3. This Indemnity survives Closing and remains in effect until February 5, 2012.
This the day of February, 2009.
ONSLOW WATER AND SEWER AUTHORITY
By.- AU
e:
47Title:
WCSR 40649180

WIMP
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All

ASSET PURCHASE AGREEMENT
FOR THE ACQUISITION OF
THE WASTEWATER SYSTEM ASSETS
OF
R.A. NORTH DEVELOPMENT I, INC.
Im
ONSLOW WATER AND SEWER AUTHORITY
Dated as of January 2009

ASSET PURCHASE AGREEMENT
FOR THE ACQUISITION OF
THE WASTEWATER SYSTEM ASSETS
OF
R.A. NORTH DEVELOPMENT I, INC.
BY
ONSLOW WATER AND SEWER AUTHORITY
THIS ASSET PURCHASE AGREEMENT, dated January _, 2009, between R.A. NORTH
DEVELOPMENT I, INC., a North Carolina corporation ("Seller"), and ONSLOW WATER AND
SEWER AUTHORITY, a body politic and corporate of the State of North Carolina (`Buyer").
RECITALS
Seller is the owner of a wastewater system, including a 400,000 gallon per day "Treatment Facility" (the
"System Assets"), installed in a development known as Summerhouse on Everett Bay located in Onslow
County, North Carolina (the "Development"), which contains 1029 single family residential lots.
The Development is shown on plats recorded in Map Book 51, Page 42, Map Book 51, Page 106, Map
Book 51, Page 218, and Map Book 52, Page 157 of the Onslow County Register of Deeds (the "Plats'.
' The System Assets serve no customers/users at the present time and Seller holds no certificate of public
convenience and necessity from the North Carolina Utilities Commission (the "Commission'.
Buyer was created pursuant to Chapter 162A of the General Statutes of North Carolina and is authorized
to acquire and operate water and wastewater systems. Buyer is not regulated by the Commission.
Buyer operates a wastewater system near the Development and ownership of the System Assets would
enhance Buyer's ability to meet the needs of the citizens within its service area while also serving the
Development (the Treatment Facility is permitted to be expanded to 500,000 gallons per day).
As a public instrumentality exercising public and essential governmental functions for the public health
and welfare, Buyer is authorized by NCGS 162A-6(10) to acquire real or personal property for use in its
wastewater system to the same extent cities and towns are so authorized.
Buyer desires to acquire the System Assets to become a part of its overall wastewater system and Seller
desires to sell the System Assets to Buyer.
DEF11N1TIVE AGREEMENT
NOW, THEREFORE, in consideration of the recitals and the covenants, representations
warranties, and agreements herein contained, the parties hereto agree as follows:
1. Sale and Purchase of System Assets. Subject to the terms and conditions hereinafter set forth, at
the "Closing" the Buyer shall acquire from Seller, and Seiler shall assign, transfer, grant, convey and
deliver to Buyer the System Assets, as is, but free and clear of all mortgages, liens, pledges, security
interest, charges, claims, restrictions and encumbrances of any nature whatsoever, except all of Seller's

rights and duties -under the. -Development's protective covenants recorded in Book 2679, Page 633, Book
2722, Page 33 8, Boo2744, Page 759 and Book 3087, Page 5 6 of the Onslow County Register of Deeds
(the "Covenants"), the Deed of Easement and Agreement between Seller and Buyer recorded in Book
3101, Page 350 of the Onslow County Register of Deeds, the Reed of Trust recorded in Book 3091, Page
5$$ of the Onslow County Register of Deeds, the Area and Street Lighting Contract recorded in Book
2950, Page 876 of the Onslow County Register of Deeds, the Right of Way Easement recorded in Book
2950, Page 974 of fhe Onslow County Register of Deeds, the Underground Electric Service Contract
recorded in Book 2950, Page 867 of the Onslow County Register of Deeds, the Agreement between Seller
and Xanadu Plantation, LLC recorded in Book 2744, Page 743 of the Onslow County Register of Deeds,
the, Agreement between Seller and Duplin Delta, LLC recorded in Book 2744, Page 723 of the Onslow
County Register of Deeds, (collectively, the "Pennitted Exceptions").
2. The System Assets. The System Assets to be conveyed undei this Agreement shall include the
following assets, properties, rights and appurtenances:
(a) those parcels of land, described on Schedule 1, together with all privileges and
appprtenances thereto and all punts, buildings, structures, facilities, installations, fixtb est
betterments, additions and other improvements situated thereon and together with all
casements used or useful in connection therewith;
(b) all wastewater collection mains, force mains,. pumping stations, discharge pipes,
manholes, the Treatrn'ent Facility, disposal systems, and appurtenances belonging or
appertaining fh&tetd;
(c) all machinery, equipment, and other tangible personal property, including tools, supplies
and inventories associated with the wastewater 'system, if any, other than the iterris
described in (a) and (b) above;
(d) all rights under any written or oral corifract, agreernent, lease, plan, instrument,
registration, licarase, permit, certificate or other authorization or approval of any nature, or
other document cbmrniirient, arrangeri�ent, undekakfii practice br arifharizatiori
associated with the wastewater system;
(e) all rights under any easement, right -of --way, occupancy permit, and/or license associated
with the wastewater system;
(f) plans and engineering records associated with the wastewater system;
(g) all files, records, data, plans, system maps, contracts and records relating to the. System
Assess;
(h) alI of Seller's rights and duties under the Developmertt's protective covenants recorded in
Book 2679, Page 633, Book 2722, Page 338, Book 2744, Page 759 and Book 3087, Page
580 of the Onsi w County Register of Deeds (the "Covenarite) but only to the ektent
necessary or appropriate for Buyer to operate and maintain its wastewater system;
(i) the easements described on Schedule 1 hereof; and
(i) all other assets, properties and rights (whether tangible, real, personal or miked) which
are iieIa or used b"y: Seller in connection with the provision_ of wastewater service to the
Development; with the exception of the "Excluded Assets."

3. Excluded Assets. Notwithstanding the foregoing, the System Assets shall not include any
sewage drainage pipes that are internal to any house and any sewer laterals that extend from the right of
way or private lot line to the house and any grinder pumps connected to any such lateral (the "Excluded
Assets').
4. Consideration. The Purchase Price for the System Assets is as follows:
(a) $1,250,000.00 to be paid by certified check or wire transfer at Closing; and
(b) payment by Buyer to Seiler of an amount equal to the gross proceeds of all wastewater
Impact Fees (as described in section 4.2(B)(i) of the Authority's current Water and Sewer
Authority Utility Ordinance and any successor or other fee charged by the Authority for
the purpose of recovery of the past or future capital costs of Authority Utility Facilities)
collected by Buyer within ten years of the Closing Date for sewer system connections
which utilize the System Assets for treatment of wastewater until Buyer has paid to Seller
the additional sum of $1,000,000.00 or until the tenth (10th) anniversary of the Closing
Date, whichever first occurs. Buyer shall on June 30 and December 31 of each year pay
to Seller an amount equal to such Impact Fees as Buyer has collected for connections to
the System Assets during the preceding six month period and shall provide at the time of
each payment an itemized statement and complete accounting records supporting the
statement showing the amount of Impact Fees collected, and the statement shall contain a
representation to the Seller that the statement and the supporting accounting records are
true, accurate and complete in all respects.
{ 5. Non -Assumption of Liabilities. With the exception of the obligations of the Buyer pursuant to
the hereinafter defined "Wastewater Service Agreement," all liabilities and obligations of Seller with
regards to the System Assets incurred prior to Closing shall remain the sole responsibility of Seller. The
Buyer shall not assume and shall not be liable for any of these liabilities or obligations of Seller of any
nature whatsoever, whether express or implied, fixed or contingent, save and except for the obligation to
provide said utility service as Buyer is required to provide under the Wastewater Service Agreement.
With regards to the System Assets, Buyer shall not be responsible for any business, occupation,
withholding or similar tax, or for any income, sales, use, value-added or similar taxes related to any
period, or transaction occurring during any period, before the Closing Date.
6. Closing. Closing hereunder shall take place at the offices of Buyer at 228 Georgetown Road,
Jacksonville, NC, commencing at 10:00 a.m. local time, ten (10) days after the 45 day inspection period
described in paragraph 12(c) of this Asset Purchase Agreement expires (the "Closing Date's or sooner at
the election of Buyer. In the event Buyer desired to close before the Closing Date, Buyer shall give the
Seller notice of the date of Closing at least three (3) business days in advance. The effective time of the
Closing shall be 12:01 a.m, on the day following the actual day of Closing.
7. Items to Be Delivered at Closing. At or prior to Closing and subject to the terms and conditions
herein contained:
(a) Seller shall deliver to Buyer the following:
(i) a bill of sale, and'other instruments and documents of conveyance and transfer, all
in form reasonably satisfactory to Seller and Buyer and their respective counsel,
as shall be necessary and effective to transfer and assign to, and vest in, Buyer
I good and marketable title to personal property constituting a part of the System

Assets;
(ii) non -warranty deed for the fee parcels to be conveyed to Buyer as part of the
System Assets;
(iii) a grant of easements and an assignment of easements, in forms reasonably
satisfactory to Seller and Buyer and their respective counsel, to convey to Buyer
all easement rights associated with the System Assets;
(iv) bylaws of Seller, if any, and a certificate of existence of Seller obtained within
thirty (30) days prior to Closing;
(v) copies of, or the originals, of the contracts for the design and construction of the
wastewater system and a copy of the wastewater treatment plant and collection
system permit in the form attached as Schedule 2;
(vi) four copies of the Wastewater Service Agreement in the form attached as
Schedule 3 executed by Seller;
(ix) an assignment of Seller's rights and duties under the Covenants in form
reasonably acceptable to Buyer's and Seller's counsel;
(x) the following documents executed pursuant to proper corporate action by
Summerhouse on Everett Bay Homeowners' Association (the "Association"):
1) quitclaim deed for all lands, easements and other tangible real and
personal property conveyed by Seller pursuant to this agreement; and
2) a consent to all assignments which Seller makes pursuant to this
agreement and Seller's promise to the Association that it will provide
sewer service to the Association and its members through the
Wastewater Service Agreement.
(xi) such other documents and instruments as may be necessary or required to
effectuate the transaction evidenced in this agreement; and
(xii) an assignment of all warranties held by Seller for the System Assets.
(b) Buyer shall deliver to Seller the following:
(i) Amounts due from Buyer to Seller,
(ii) four copies of the Wastewater Service Agreement in the form attached as
Schedule 3 executed by Buyer;
(iii) such other documents and instruments as may be necessary or required to
effectuate the transaction evidenced in this agreement.
Buyer shall take possession of the System Assets at Closing.
t
8. CIosing Costs. Buyer will pay any transfer tax on real property constituting part of the System

Assets, title insurance premiums, the cost of surveys authorized by Buyer, recording fees and Seller's
attorneys' fees not to exceed $35,000.00. Ad valorem taxes owing shall be prorated as of the Closing
Date.
9. Transfer of Utilities. The parties will cooperate to transfer utility service used in conjunctinn
with the operation of the System Assets, including telephone, cable, electric, and gas (if any), as of the
Closing Date. In the event service cannot be transferred in the name of Buyer as of the Closing Date, the
bills shall he prorated as of the Closing Date.
10. Remedy. Seller and Buyer acknowledge that the System Assets are unique and not otherwise
available and agree that, in addition to any other remedy available to Buyer or Seller, Buyer or Seller may
invoke any equitable remedy to enforce performance hereunder, including, without limitation, the remedy
of specific performance.
11. Further Assurances. Seller and Buyer will execute, acknowledge and deliver to the other party
from time to time such other instruments and transfer and will take such other actions and execute and
deliver such other documents, certifications and further assurances as Buyer or Seller may reasonably
require to complete their respective duties under this Asset Purchase Agreement.
12. Conditions Precedent to Buyer's Obligations. The Closing of the transaction shall be contingent
upon the following:
(a) Seller shall comply with its obligations hereunder, and provide bring -down certificates at
Closing certifying that the representations in paragraph 14 of this Asset Purchase
t Agreement are true and accurate as of Closing;
S �
(b) Other than in connection with the subdivision of the property required by this Asset
Purchase Agreement, on the day of Closing, no proceeding shall be pending or threatened
before any court or governmental agency in which it is sought to restrain or prohibit or to
obtain damages or other relief in connection with this Agreement or in the consummation
of the transactions contemplated hereby and no investigation that might eventuate in any
such suit, action or proceeding shall be pending or threatened;
(c) There shall be no material adverse change or damage to the condition of the System
Assets.
13. Conditions Precedent to Seller's Obligations. The Closing of the transaction shall be contingent
upon the following:
(a) Buyer shall comply with its obligations in this Asset Purchase Agreement, and provide
bring -down certificates at Closing certifying that the representations in paragraph 16 of
this Asset Purchase Agreement are true and accurate as of Closing.
14. Representations and Warranties of Seller. As of the date of execution of this Asset Purchase
Agreement, Seller represents and warrants to Buyer as follows:
(a) Seller is a North Carolina corporation duly organized, validly existing and is in good
standing under the laws of the State of North Carolina;
(b) Seller owns the System Assets and has good and marketable title to the System Assets;

(c) Seller holds all requisite governmental permits and regulatory authorizations to own and
operate the System Assets other than a certificate of convenience and necessary issued by
the North Carolina Public Utilities Commission;
(d) The execution and delivery of this Agreement and the performance of the transactions
contemplated hereby does not violate, conflict with or result in the breach (with or without
the giving of notice or lapse of time or both) of any term, condition or provision of any
instrument, contract, lease, agreement, permit, certificate or other document to which
Seller is a party, or is otherwise bound or affected, or by which any of the System Assets
have been bound or affected other than the Permitted Exceptions;
(e) Seller has full power and authority to sell, convey, assign, transfer and deliver the System
Assets to Buyer as provided in this Agreement;
(f) To the best of Seller's knowledge, there are no pending or threatened claims regarding the
System Assets or Seller's ability to convey, transfer or assign the System Assets;
(g) Seller does not know of any events or conditions related to the System Assets that would
give rise to any liability under any environmental laws;
(h) Seller does not know of any material violation of or material lack of compliance with any
law, ordinance, government rule, or government regulation to which the System Assets are
subject;
(i) Seller does not know of any existing or threatened condition or developments which
would have a material adverse effect on the System Assets;
{j} Except as disclosed on Schedule 2 hereof, there are no liabilities or obligations of Seller,
either accrued, absolute, contingent or otherwise, rclating to the System Assets. For
purposes of this Agreement, the term liabilities shall include, without limitation, any direct
or indirect indebtedness, guaranty, endorsement, claim, loss, damage, deficiency, cost,
expense, obligation or responsibility, either accrued, absolute, contingent or otherwise
which would or could become a lien or charge against the System Assets prior to Closing;
(k) Except as disclosed on Schedule 2, the Seller is not a party to any contract for the
purchase of, or payment for supplies, equipment or for services related to the System
Assets, except such contracts that shall not survive Closing or shall remain SeIler's sole
responsibility;
(1) Seller is not a party to any contract, commitment or arrangement, which will survive
Closing, with any labor union or other representative of employees with respect to the
System Assets;
(m) There are no liens, encumbrances or security interests against the System Assets that will
not be paid off by Seller at Closing;
(n) Seller has not operated the System Assets except for incidental testing, there are no
customers of the System Assets. The Seller has not received any revenue from any
customer of the System Assets and there are no employees of the Seller operating the
System Assets.

15. Indemnification. Seller and Buyer each hereby acknowledge and understand that, following the
effective time of Closing, Buyer shall be responsible for the provision of wastewater service to all future
customers in the Development pursuant to the Wastewater Service Agreement. Other than the future
provision of wastewater service to the Development, Buyer does not and shall not assume or incur
liability or obligation of Seller of any nature whatsoever, express or implied, fixed or contingent, except
for -those imposed by government permits, regulations and the Permitted Exceptions. Seller shall
indemnify and hold harmless Buyer and its officers, employees and agents from and against all liabilities
and obligations of Seller, and from any and all claims, actions, judgments and fines arising from any
misrepresentation or breach of warranty by Seller under this Agreement or related to the System Assets to
the extent such claims, actions, etc., involve activities or events that occurred or originated prior to the
effective time of Closing. in addition to the Buyer's obligations under the Wastewater Service
Agreement which survive Closing for the term of that service agreement, Buyer shall indemnify and hold
harmless Seller and its officers, employees and agents from and against all Iiabilities and obligations of
Buyer, and from and against any and all claims, actions, judgments and fines arising from any
misrepresentation or breach of warranty by Buyer under this Agreement or related to the System Assets to
the extent such claims, actions, etc., involve activities or events that occurred and originated after the
effective time of Closing. The indemnification provisions of this Section shall survive the Closing for a
period of two (2) years.
16. Representations and Warranties of Buyer. As of the date of the execution of this Asset Purchase
Agreement, Buyer represents and warrants to Seller as follows:
(a) Buyer is a body politic and corporate of the State of North Carolina duly organized and
validly existing pursuant to Chapter 162A of the General Statutes of the State of North
Carolina;
(b) Buyer has the requisite power and authority to own and operate the System Assets and to
enter into the Wastewater Service Agreement and perform its obligations thereunder;
(c) Except as otherwise provided herein, neither the execution and delivery of the Agreement
by Buyer, nor consummation and performance of the transactions contemplated thereby
(i) requires the approval or consent of any federal, state, local or other governmental body
or agency that has not been obtained; (ii) results in the violation of any law, ordinance or
regulation to which Buyer is subject; or (iii) results in a violation of any judgment, order,
writ, injunction or decree of any court or of any governmental official, agency or
instrumentality which is applicable to Buyer;
(d) The execution and delivery of the Agreement and the performance of the transactions
contemplated thereby does not violate, conflict with or result in the breach (with or
without the giving of notice or lapse of time or both) of any term, condition or provision
of any instrument, contract, lease, agreement, permit, certificate or other document to
which the Buyer is a party, or is otherwise bound or affected, or by which any of the
System Assets may be bound or affected;
(e) Buyer, upon the receipt of regulatory approvals, has the full power and authority to
acquire the System Assets as provided in the Agreement;
(f) Buyer has pre -audited this Agreement in accordance with the Local Government Budget
and Fiscal Control Act.
i The provisions of this section shall survive Closing.

17. Notices. Any notice, waiver or other communication which is required or permitted hereunder
shall be in writing and shall be deemed given only if delivered personally or sent by overnight delivery
service or register6d or certified mail, postage prepaid, rd= receipt request6d,as f6llbws:
If to Seller.
R.A. NORTH DEVELOPMENT j, rNc
3129 Springbank Lane, Suite 200
Charlotte, NC 28226
If to Buyer.
With Copy to:
7Qha Cooke, Esq.
Womble ble Carlyle Sandridge & Rice, PLLC
ISO FOettevifle Street Mbdl, Suite 2100
Raleigh, NC- 27601
With Copy to.
ONWA8A < William Q..J. Lynch,
h, Esq.
Post Office Box 1415 1469tfe, Hill, J6nd§,- Nksh'& Lynch, LLP
Jacksonville, North Carolina 28541 101 South' Third Street
Attention: David R. VIaike'r, Executive Director Wilmington, North Carolina 28461
or to such other address as the addressee may have specified in a written notice. duly given to the sender
as provided herein. Such notice, request, demand, waiver, consent, approval or other communication will
be deemed io have been given.as of th6 date so delivered, or mailed.
18. Time. Time is of the essence with regard to any deadline periods, dates or times set forth herein.
19. Governing Law. This instrument shall be governed by onfdrocd in accordance With the laws of
the State'df North Car6lina.
20. Assignment- Neither party hereto shall hav6 the right to assign their interest herein to another
party with first obtaining the . written consent of the other pii6 hereto.
21. P-ntird AE"febment. This Agre6ment gets forth the drifire Widerstanding of the parties hereto with
respect to 06 tr#s�6iio's db.nte.rdplated h&e'by. This Akftement. ,sh, all riot b6 amended or modified
d
except by written in.nt only executedby each of .the parties
ereto, , Any , and , al] pfevi , ous
agreduiebts and understandings bciween or among any or all of the parties regarding the subject matter
hereof, Whether written or oral, are s4perseded by this Agreement.
22. Biriding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to
the benefitof, anti lie enforceable by the legalrepresentatives, -sudcessofg and Assigns of Seller . 6r Buytr.
2.3. Attadhin6nts and Schedules. All Attachments and Schedules referred to herein are intended to be
and
herieby are ffsp . ed call}+nade i pail of this .Agre
ement;
24. Seyerabilitv. Any provision of this Agreement that is invalid or unenforceable in any jurisdiction
V;-
6r tipftr'Any­C'1rCu.Mstance §hall. be ihefFecti-�e`to the extent of such invalidity or unenfdretability without
ii . nvaUd . ating or renderingunenforceable the remaining pr"Ov'Isions h6teoE and u n any such' invalidity or
Linen fbrceability in any jurisdi6flon or tinder any circumstance shall not invalidat6 or fdindet
unenforceable iuo.:b provision in any -btherjurisdiotion or tinder any other circumstance, unless, in titheir

event, the iii�olved or umenf&6able provision causes this Agreement to fail of its es'setitial purpose.
25. Survival. The representations and warranties of Seller in paragraph 14 and the representations
and warranties of Buyer in paragraph 16 shall survive Closing and remain binding upon and for the
benefit of the patties for a period of six (6) pionths after Closing. Tile Buyer's obligation to pay
Consideration in paragraph d(b) shall survive Closing until fully observed, kept,or performed and the
VWastevwatei Service Agreement shall survive Closing accordance with paragraph 13 of the 'Wastewater
Service Agreement
�6. CounteMarts. This Agreement may be executed in any number of counterparts and any signatory
hereto may. execute any such counterpart, each of which when executed and delivered shall be deemed to
be an original and all of which counterparts taken together Shall constitdte but one and the same
instrument. This Agreement shall becbme'bindirg when one or more counterparts taken together shall
have been executed and delivered by all signatories. It shall not be' necessary in rhaking proof of this
Agreement or any counterpart hereof, to 'rodiice or account for any of the otter counterparts.
27. Reg2latory M=val. As soon as practical following the full execution hereof by the parties
hereto, Buyer will commence all necessary actions and file all necessary documents, applications and/or
instruments with bVWQ and the LOC or such other reguIatpiy agencies as day be required to secure
regulatory approvals required to complete this transaction arid "diligently pursue such approval until
received. Seller agrees to cooperate with Buyer in connection with such .approvals, iticludirig executing
any doeuinehts or instruments as may be. required or producing any &6uiiien6 requested; however, Seller
shall riot be obligated to pay any fees, costs or expenses in coaneciion with the approval process.
IN WITNESS WHEREOF, iriterfding to be legally bound, the parfes hereto have duly executed
this Agreement on the date first above written_
This instrument has been preaudited in
the manner required by the Local
Gover frith t Budget and Fiscal
1 Act.
.FV46e Officer, `sow Water
and Sow' -di Authority
WCSR 3968MO.
R.A. North DeveloptOht 1, Inc.
President
Onslow Water and Server Authority
13y: 1 �---
Chairman'

ExaMBIT A
The following described tracts of land are located in Ohslow County, NC and ase further shown
on plats reccrddd in Map Book �, Pages through _, of the Onslow County Register of
Deeds Office.
PUMP STATION 01
beginning at a northernmost property corner of Lot 102D as recorded in Deed Book 51, Page 218
and tided. `Summerhouse on Everett Bay, Final Plat -Phase 2';
THIS'BE1NG THE POINT OF BEGINNING;
thence N 44°39'46" E at a distance of 49.911;
thence N 4B"39109" E at a distance of 64.591s
thence'N 41*21102" W at a distance of '2.771;
thence s8°49'.32" W at a distance of 68:59';
theiace with a curve turuinq to tb.e left with an arc length of 73.121, +with a radius of
645.731, with a'chbrd bearing of S.44°29'19" E, with a chord length of 73.081;
thus enclosing pump station #i having an area of 4,904 sf or .11 acres.
PUMP 6TAT16N #2
Point of $eginning being the northernmost property cornEx of Lot 390 as recorded in Deed Book
51, Page 106 and titled 'Summerhouse.on Everett Bay, Final Plat -.Phase 1:;
thence S 84°i6l'5411 E at a distance of 53.111;
thence N 05°46'i9'! E at a distance of 64.531;
thence N 84616'S4" W at a 4Ustan6e of 55.33';
thence S 0260$'65" E at a distance of 15.531;
thence with a cuive'turni.ng to the right with an arc length bf 49.211, xith,a radius of
277.07', With a chord bearing of S 05°40141" W, with a chord length of 49:15',;
which js the point of beginning thus enclosing pump station 42 having'an area of 3,411 sf or.
.09 acres.
PUMP STATION #3
beginning at a southwesternmost property corner of Lot 66 as recorded in Deed Book 51, Page
106 and titled 'Suifii4ekhouse on Everett Bay, Final Plat -Phase 10;
thence S 08°42'43" W at a distance of 50�.97';
THIS BEING TaE POINT OF 9EG1"INCa;
thence S i9°?8145." W at a distance of 62.451;
thence N 76°29143'­W at a distance pf 58.33`;
thence N 19°30'.56" E at a riistarcd of 62:83';
thence S 10°07123" E at•a distance of 58.291;
thus enclosing pump stafiori' #3 having an area of 3,652 sf or .OB acres.
PUMP STATION 04
beginning at a. southeasternmost property corner of Lot 681 as recorded ih Deed Bo6k 51, Page
218 and titled 'Summerhouse on Everett Bay, Final Plat-Phase.2`;
thence N 616S914.6" E at a distance of 55,11';
THIS $ZING TflE POINT DF BEGINNING;
thence N 44°20100" E at a distance of 49.891;
thence N 47°29132" W at a distance of 70.571;
£hence 5 92°55'05" W ai a distance of 19.421;
tiierice S 97"07' 29" E at a djstance of 69.3411
thus enclosing pomp stationhaving an area of 3,472 §f or .08 acres,
PUMP STATION #5
beginning at a southeast eizlmost property cQxaer of Lot 669 as recorded in heed Book 51, Page
218 and ,ti tled `Summezhovise oil �erett Say, Final Plat -Phase 21,
THIS BFIVG THE POINT' OF BEGINNING;
thence N 89°55'44" E at a distance of 68.421;
thence w1th a, cavie turning to the left faith are arc lenc}fih of 76.381, with 6 radius of
ES.251, 'Wi th.a chord bearing of S 351kl9'30" E, with a chord iengt;4 of 74.021,;
thence with a'revttSe, curve turning to the right with an arc length of 45.741, with a radius
of '148.52', with a chard feaiing of N 44016116" E, with a chord lez.#h of 45.56';;
thence N 34°12158" W at a distance of 62.71T;
thence 5 58°31113" W at a distance of 46.121;

thus enclosing pump station 14 having an area of 3;455 sf or .08 acres.
WASTEWATER TREATNEltP PLANT
beginning at a northwesterninost property corner of Lot 924 as recorded in Deed Book 51, Page
218 and titled 'Sumaerhouse on Everett Bay, Final Plat -Phase 21;
thence'N 18040129" W ai a distance of 61.60'1
THIS BEING THE POINT OF BEGINNING;
thence N 01°42'17" W at a distance of 170.33i;
E41ince N 44°49104" W at a distance of 60.511;
thence N W32155" W at a distance of 610,221;
thence S 04`36i45^ W at a distance of 475.91';
thence wiih a curds turning to the left %4i" an arc length of 314.421, with a. radius of
635.311, with a chord bearing of N e2*38'42" E, with a chord length of 311.22',;
thence with a co�oiuid curve turning to the left with aA ai6 length of 129.49', with a
of 314.931, %¢ith a chard bearing.of N 56°91'15" E, with a. chord length of 128.58',;
thence N 44°54129" E at a distaice of 31.25';
thence with a curve turning to the ,right with an arc length of 184.001, with a radius o
254;071, with a chord bearing of N 65°39117" E, with a chord length of 180.00',;
thence N 86°24i05" E at a distance of 66.001;
thence with a curve turning to the ieft with an are length 6f 26.49', with a radius of
221.671, with .a chord bearing of N 83'43154" E; with a chord length of 26.48',;
which is the point of beginning thus enclosing the WWTP having an area of 240,612 sf or
acres, together with a 60' wide access easement lying 30' on each side of a centerline
described as follows:
radius
5.52
Beginning at a point in the eastern line of Ring's Creek.Crossing located N39° 09' 67"
frgin the northeasternmost property corner of Lot 999 as recorded in Deed took 51, Page 218
and titled Summerhouse on Everett Hay, Final Plat -Phase 2, running th2aice froin said
beginning point S 81° 37' 03" E, 34.12'., thence S17° 06' 15" W, 144.73', thence S 69° 49' 26"
E 198.07', thence S 85° 11f 49" E, 76..67', thence N 04° 36' 45" E, 246.401, and thence N 90'
E, .30.'10' to the western ptbperty line of the above described Wastewater Treztirient Plant.
rNFILTRAT20N BASIN #1
b'egini6ing at a northeasternmost property corner of Lot 309 as
'106 and titled `Summerhouse on Everett Bay, Final Plat -Phase
thence N 22°18'24' E at a distance of 98.09';
THIS BEING THE POINT OF BEGINNING;
thence N 43°10120" E at a distance of 129.:011:
thence N 83050'00" E it a di"sfarice of 215.65';'
thence S 45i34'07" S at a distance of 42.b1';
thence S 35600i15" E at a distance of 69'371:
thence S 49*08105" E at a distaaee of 7i.661;
thence S 59°25142" E at a distance of 61.101,
thence S '67*36112" E at a distance of 65.14,
thence S '79°91'47" E 'at a distance of 77.45';
thence 5 fl 6'38'38" E at a distance of 140.101;
thence 5 40°44!37" W at a distance of 71.180;
thea$e S 37°42128" W at a distance of 56.391:
thence S 36°30127" W at a distance of 115.031
thence S 39*pl,65" W atj a distance of 55.331;
thence 9 41°22"18" W at a distance of 56..951;
thence S 43°46'26" W at a distance of 54'961;
thence.s i5 00160" W at a distance of 57.30"!
thence S 5110139" W at a di:s1:6n6e of 52.581,
th,bzzce S 56'13T0$." W at a clistante 'of 52.131,
thence 5 53'33'44" k0 at a distance of
thence 5 56"46168" W at a distance of 57.151,;
thence S S6937'27" W at a distance of 57.191;
thence 5 SB°14'38" W at a distance of 57.96';
recorded in Deed gook-51, Page
1';

thence S 64*10151" W at a distance of 55,491;
thence S 63*47140" W at a distance of 59.471;
thence N 24058,30" W at a distance of 288.90';
thence N 45*52101" E at a distance of 67.10';
thence with a curve turning to the left with an arc length of 169.83',
512.65', with a chord bearing of N 32*41143" E, with a chord length of
thence with a compound curve turning to the left with an arc length of
of 515.40', with a chord bearing of N 17*13120" E, with a chord length
thence with a compound curve turning to the left with an arc length of
of 515.391, with a chord bearing of N 05°50128" E, with a chord length
thence with a compound curve turning to the left with an arc length of
of 515.391, with a chord bearing of N 03*49143" W, with a chord length
thence with a compound curve turning to the left with an arc length of
of 515.391, with a chord bearing of N 11°37'19" w, with a chord length
thence with a compound curve turning to the left with an arc length of
of 515.38', with a chord bearing of N 16'57131" W, with a chord length
with a radius of
169.06',;
10B.551, with a radius
of 108.351,;
96.20', with a radius
of 96.061,;
77.761, with a radius
of 77.691,;
62.441, with a radius
of 62.411,;
33.571, with a radius
of 33.56'„
thence N 19`47104" W at a distance of 13.34';
which is the point of beginning thus enclosing infiltration basin #1 having an area of
421,756 sf or 9.68 acres.
INFILTRATION BASIN #2
beginning at the easternmost property corner of Lot 144 as recorded in Deed Book 51, Page 106
and titled 'Summerhouse on Everett Bay, Final Plat -Phase 11;
thence N 39*58119" W at a distance of 52.B91;
THIS BEING THE POINT OF BEGINNING;
thence with a curve turning to the left with an arc length of 116.21', with a radius of
216.401, with a chord bearing of N 50*32146" W, with a chord length of 114.821„
thence with a reverse curve turning to the right with an arc length of 58.911, with a radius
of 35.00', with a chord bearing of N 17'42133" W, with a chord length of 52.20',;
thence with a compound curve turning to the right with an arc length of 395.56', with a
radius of 356.031, with a chord bearing of N 62'20127" E, with a chord length of 375.531,;
thence S 84°07159" E a distance of 3.27';
thence with a curve turning to the right with an arc length of 51.391, with a radius of
35.00', with a chord bearing of S 42'04'00" E, with a chord length of 46.901,;
thence with a compound curve turning to the right with an arc length of 152.371, with a
radius of 63760.88', with a chord bearing of S W 07'S8" W, with a chord length of 152.371,;
thence with a reverse curve turning to the left with an arc length of 310.921, with a radius
of 468.221, with a chord bearing of S 16'36'48" E, with a chord length of 305.241,;
thence s 35040,41" E a distance of 265.441;
thence with a curve turning to the right with an arc length of 273.841, with a radius of
87.701, with a chord bearing of 5 60'54105" W, with a chord length of 175.391,;
thence N 35°09142" W a distance of 591.441;
which is the point of beginning thus enclosing infiltration basin #2 having an area of
194,930 sf or 4.48 acres.
NON-EXCLUSIVE APPURTENANT EASEMENTS
Grantee is granted and conveyed a non-exclusive easement over all existing private roads,
utility access easements and utility easements shown on the above referenced plats or any
other plats of the Development recorded in the Onslow County Registry for the purpose of
owning, operating, repairing, improving and maintaining Pump Stations 1-5, the Wastewater
Treatment Plant, infiltration Basins 1-2, and all pipes and other improvements lying within
the utility easements which are part of the sewer system associated with these Pump Stations,
Wastewater Treatment Plant, and Infiltration Basins.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS UNDER THE PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS,
CHANGES AND LIENS FOR SUMMERHOUSE ON EVERETT HAY, RECORDED IN BOOK 2679, PAGE 633, ONSLOW
COUNTY REGISTRY
Grantee is assigned all rights and obligations vested in Grantor related to or necessary for
the ownership, operation, repair, improvement or maintenance of Pump stations 1-5, the
Wastewater Treatment Plant, Infiltration Basins 1-2, and all pipes and other improvements
lying within the utility easements which are part of the sewer system associated with these

Pump Stations, Wastewater Treatment Plant, and Infiltration Basins and the Developer shall
have no obligation to provide sewer service to any property in Summerhouse on Everett Bay.
All rights and obligations reasonably necessary and convenient to the Developer undertaking
and performing its rights and duties as the Developer of Summerhouse on Everett Bay are saved
and excepted from this conveyance.
WCSR 4047724v2

STATE OF NORTH CAROLINA
WASTEWATER SERVICE AGREEMENT
COUNT
Y TY OF ON SLOW
THIS AGREEMENT, dated jr-0,4 2009, between R.A. NORTH
DEVELOPMENT. ', INC. a North Carolina corporation ' . (IR-A-'), and.ONSLOW WATER AND
SEWER AUTHORITY, abody politic and corpofais of the State of North Carolina ("Authority).
RECITAL
The ALrthpNty aqj R.A. entered into an Asset Purchase Agreement dated
2009, pursUant.6 which the AUthorfty acquired and made a -part of its
overall Utirb 'system the wastewater system of I R.A., inc . ludiing a treatment facility (the "§ypib'm
AsskO i'h'�talfedln a development known as Summerhouse on Everett Bay consisting of 1029 .
residential
e : ntial lots and common area's existing and pl-tnhed With improvements, ldcatbd on thO
common areas located in.Onslow County, North Carolina (the "D pmerif.),
The Dave I ' oorn6rit is. located in th§ A ' uth6riiy's service area and the Authority and A.A.
intend as a part of the gpner*al'
plan for the Qdv6lopment that the AuthorKy is th�e sole and
0 D " .1'r. � .6'- - .... ' exc`IdMvp'pe6v1der of wastewater service to the ev. opm nt now and forbver in the future
o foreseeable b
unless 6 sU �taqftial r,.hange'' f circurh�tadcet occurs which is hot foresee, le y'the"Authority
and k-A. a n i this time.
Because the Authority is 8 governmental entity formed for the purpose of prqv!Oing water
wastewater service t6 p ieiy ca0blized to 'provide
and Wa:'. properties in Qh,�Iow Co6rity, is ap'prdpn'a
.666r ' . ' I ... If '. I L
such services a" has an outstanding tr�a6k ing suc services
of P�ovl. I h d6b in loCdti6hs in
0 nIsloVv County other than the Development,'RA believes ihaffhe conveyance of the System
tv 7 As!§ets to th6 Authority' is bbst interests of the Development and conveyance will
fu�h6'r assure
6 that D6velopm4ht will receive timely, top quality and Uninterrupted
er service.
wastewater
As part of the c6fi§1d6ratjon for thd purchase, the Authority agreed to provide wastewater
service to fiie' resident's of the bi�'Ve]6 -- i and to — aihtaih minimum W�'-�t6r' 1*6V'*e"l'§­ ' ' 'the pMen. M, M in
... 7 ­- , ,,
lhfiltratiori Basiris (hereinafter defined) constituting a part orthe System Ms urpose
of maikaininig'an: aesthetically appealing a0p6aranbe.
bEI=INITIVE AGREEMENT
NQW, THEREFORE, in consideration of the foregoing and the mutual covenants and
� among "fi'' " parties `� " L a� folloi� :,. conditions herein confatned, it is agree, mon� the porties her6t6 S',
I Deflnitions: The following tefts sha"ll have the following meanings as used
herein:
"Auxiliary Groundwater Pumping Stations" shall mean the groundwater wells and
PUMP$ constituting ps'Utpting, 'a part of ihe
'i­Syit6m .A'sieti; irc'iddi'ng WlthWt l'irftatioiri 'ail conveyance Iin.et,
valves, Vaiv6vault, and ogler devices used In'the fiflingof t)eI4iltration Ba§lnbto supply water
to"thEi Infiltt6ti0h Basins to maintain the minimum water leve'ls 'provided for herein.

"Basin 11" shall mean the 10.71 million gallon infiltratfoh batin located upon the
"Catherine Lake Tract" conveyed to the Authority as part of the System Asseti.'
"Basih 2" shall mean the 4.74 million gallon infiltration basin located upon the
"Willow Lake.Tract"
Tract" conveyed to the Authority
thority as part ofthis 'System Assets.
16filtrati6n Basins„ shall moan Basins I and 2, collectively.
2, Wastewater Service. Thia Authority shall meet the domestic sewer c6flp'cflon.and
treatment needs bfffid DdAM60,rhetit I . n accdrdande With 1�4w and the Adth6ritft Sewer Use
pai
Oedinance and other applicable Authority guide!, Ines, rules . . and ieg . ufAtio'n':s, as th6V rmiV be
amerided from time to time. ., T , he obligation of the Authorityto meet the . DeVe lop ment'§ sewer
co'lle':Ctiori and treatment needs d6e§ hot extend to residences or amenities not oin'tho current
tracts from Which the i626 tesIdLinfiamMon areas existing planned
residential lots and co"aanne"Li
. : .... .
im,proVdirnents located on the bommon areas are subdivided and no additional lots will 66
subdivided. The Authority I �tal( provide wastewater service pursuant to this agreement at fts
'�l and h established front �time to time; provided, hoWevee, the Authority shall
usual rates d charges
not charge an I . mpact Fee (as described in section 4.2'(B)(i) of the Ailthoiaty's current Water and
S6Wee Authority Utility Ordinance and .. any successor or other fee charged by the Authority for
'60V the :p:�'Jir?p:-- of recovery ery of the past 6r future: capital costs of Authority Utility Facilities) greater
than $8 'water :':-A f r h 0 pet lot. In providing Waste service . from the ,System Assets to customers othdr
than those in the Development, the Authority shall first reserve sufficient capacity in the System
Ags-ets, to serve all
11 existing and future customers . . within the Development unless (1) the
Authority has sufficient treatment and transmission: capacity as%,4'e11 as theactual ability to serve
such and future customers from some other source or (ii) in the professional oolnjori of
the Authority's consulting engineers such other capacity will be available to enable the Authority
to meet its 6bI1gafidh8 to such existing and future customers whenever requested by the same.
,_rhe.Au.thorit'y'ei6.k6.6;�led6�s that, as pari of the coris'ider'at'id"n for the conveyance
�inc6 . of the System
Assets, its . . primary . acknowledges
e evelo : p - m . ent :. a . a service. obligation is to customers withir! th'"'D n any additional
capital costs Which must be expended to meet such. obligation shall be 66rne solely by the
Authority.II ii t the �i Assets A sever collection lines, lift stations and related faciiiie of System A 'ets
necessary t t Development been constructed within y o serve he elbprnent have' cted the Development and
conveyed/dedicated to the Authority.
3. Basin Wafer Elevations. In providing wastewater service, the Authority
4 shall
maintain a minimum water level in Basin 1 of at . least 27 feet " 7' above mean" ' sea
ea. i6vel and in 8asih
2 of at least 8 feet 4bov'e'me"an sea . 1OVel.
4. Liriiitations. The obligation of the Authorityto ptdvide wastewater seevice and to
maintain minimum water levels in. the ln'fifirafi6n Basins as. provided for above is subject to
Nbitdfidns upon the Authofityp ability to. do so caused by (I) th amount of. treated 6ffIU6nt and
grgund water supply from the Abxiliaiy 66A�vatO PUrrip1bg 51ati&hs availdble to 'the'
Authority, ' . ffl any repairs needed for the 'Authority' to proyide wastewater service
ce and - to . mal . ntdl n
such wafer IdV61s being incomplete, which repairs the Authority Will make Wkfi its best eft6ft§,
and (iris ads of God. Nothirig herein shall oblidate the Authodty to Piro%ficle wastewater �;eMdO
provision or maintenance 66 r : e 6f will result in
or to lmaintain. such minimum water levels if the: :I
the AUthoflty bdirig In viblation. 6f any japplicable laws or gove . Mmoritafregufa�6s'. For good
faith reasons, ifi& Authority M" ay at any , time temporarily . ly 1cobtinbb tdMic'e-s— provia 0 id d 'dr§Unt
to this agreement i ,n case of . an accident, or for the pdrpCse f rnaklhg c . onri6cti 4it6ridiiors',
,eepalrs,' changes or for any other lawful reasons.
-2�

5. Operation and Maintenance. The Authority shall operate and maintain or cause
to be operated and maintained System Assets in a safe, efficient and economical manner,
making all necessary and proper repairs, replacements and renewals consistent with best
business and operating practices for comparable facilities and in accordance with applicable
standards of regulatory bodies.
6. Remedy. Seller and Buyer acknowledge that the System Assets are unique and
not otherwise available and agrees that, in addition to any other remedy available to Seller or
the Everett Bay Homeowners Association (the °Association% Seller or the Association may
invoke any equitable remedy to enforce performance hereunder, including, without limitation,
the remedy of specific performance.
7. Representations and Warranties. R.A. and the Authority each represent to the
other:
a. That each has the full legal right, power and authority to execute this
agreement;
b. That the Authority by official action prior to or concurrently with the date
hereof by action of its governing board has approved the execution and delivery of this
agreement;
C. R.A. is a North Carolina corporation duly organized, validly existing and is
in good standing under the laws of the State of North Carolina and prior to or
( concurrently with the date hereof by action of its board of directors has approved the
execution and delivery of this agreement;
d. That the execution and delivery of this agreement and the performance of
the transactions contemplated hereby does not violate, conflict with or result in the
breach (with or without the giving of notice or lapse of time or both) of any term,
condition or provision of any instrument, contract, lease, agreement, permit, certificate or
other document to which either party hereto is a party, or is otherwise bound or affected;
e. This agreement constitutes the legal, valid and binding agreement of
each party hereto, enforceable in accordance with its terms except as enforcement
hereof may be limited by bankruptcy, insolvency, reorganization, moratorium or similar
laws affecting the enforcement of creditors rights generally and may be limited by
general equitable principles concerning remedies.
8. Successors and Assigns. This agreement shall run with the land and be binding
upon, inure to the benefit of and be enforceable by the parties hereto and their respective
successors and assigns.
9. Severability. if any provision of this agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not affect any other
provision thereof.
10. Waiver. Any party's failure to insist upon the strict performance of any provision
of this agreement or to exercise any right based upon a breach thereof, or the acceptance of
any performance during such breach, shall not constitute a waiver of any rights under this
! agreement.
i

11. Counterparts. This agreement may be executed in several counterparts, any of
which shall be regarded for all purposes as one original.
12. Controlling Law. This agreement shall be construed and enforced in accordance
with the laws of the State of North Carolina.
13. Intended Third Party Beneficiary. The Association is an intended third party
beneficiary of this Wastewater Service Agreement.
14. Term. This covenant and agreement shall commence with the conveyance of
the System Assets to the Authority and shall continue without termination until the covenant and
agreement is discharged by a final non -appealable judgment rendered by a court of competent
jurisdiction holding that the circumstances in the Development have so radically changed as to
practically destroy the essential objects and purposes of the covenant and agreement.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year
first above written.
WCSR 3970232A
CaP►6"]Ki]TiTALTIMA> ;�s1�lr����i►1 :7[�Ir�:Cr7:��1
By: Z9"�
(7
R.A. NORTH DEVELOPMENT I, INC.
Z/
By. -- W
El

SETTLEMENT STATEMENT
Onslow Water and Sewer Authority ("Purchaser")
And
R. A. North Development I, Inc. ("Seller")
Summerhouse Tracts, Onslow Co., NC
SELLER
PURCHASE PRICE:
$1,250,000.00
LESS: A) Pro rata taxes $ .00
B) Revenue stamps 2,500.00
2,500.00
PLUS: Seiler's Attorneys' $35,000.00
Fees
NET TO SELLER:
$1,282,500.00
PURCHASER
PURCHASE PRICE TO SELLER (Via Wire Transfer):
$1,282,500.00
STAMPS AND RECORDING FEES (Via check to Reg. of Deeds):
2,586.00
TOTAL DUE FROM PURCHASER:
$1,285,086.00
re �
This day of JBmuary, 2009.
R. A. North
Development I, Inc.
Q,��� M• inPresident
Onslow Water and Sewer Authority
By: ��- .ICJ • ---
WCSR 4061612V2
' See Paragraph 8 of the Asset Purchase Agreement between Purchaser and Seller.

H❑GUE, HILL, TONES, NASH & LYNCH, L.L.P.
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON, NC 2B401
W. TAL.MAI3E JONES
P. 0. DRAWER 217E
DAVID A. NASH
WII_.MINGTON, NO 28402
WILLIAM O. J. LYNCH
TELEPHONE 910.763^4565
DAMES 6. SNOW III
FACSIMILE 91 0-762.6687
WAYNE A. MULLARD
February 6, 2009
OF COUNSEL
ANNA J. AVERITr
CYRUS D. H❑GLIE, JR.
WILLIAM L. HILL, 11 (1931-2001)
Mr. Gary Chadwick
The Title Company of North Carolina
209 N. 5t' Street
Wilmington, NC 28401
Re: Onslow Water and Sewer Authority Purchase of
Summerhouse Utility System, Onslow County, NC
Dear Gary:
Attached is Escrow Agreement between ONWASA and R.A. North Development
1, Inc., dated February 4, 2009, pursuant to which $46,377.00 is to be held in escrow
until completion of certain improvements as described in the Escrow Agreement. Also
enclosed is ONWASA's check in the amount of $46,377.00. Please sign a copy of this
letter in the place provided acknowledging that The Title Company of North Carolina
has received a copy of the Escrow Agreement and the above -referenced check.
Please call if you have any questions.
Very truly yours,
2��
William O. J. Lynch
Attachments
WOJLIvms
Acknowledged:
The Title Company of North Carolina
By:
Date: 2A 6 D

ESCROW AGREEMENT
This ESCROW AGREEMENT is made. this ��3 day bf February, 2009 {"Agreement"), by and betweenR.NOR NORTH DEVELOPMENT 4 INC., a-Noith Carolina Corporation' ("R.A.") and ONS LO W WATER
AND SEWER AUTHORITY, a body politic and corporate of the State of North Carolina {"ONWASA")
(coliectively'the "'Parties" ),
The Parties desire to coin system complete and close their transaction in which RA conveys the wastewater s m
located in Summer -house at Eveieft Bay (the "Development".) to ONWASA in' accordance with their written
t6 0 contract and closing documents. e Development is located in the TOAm of Holly Ridge, North Carolina
("Holly Ridge"). Holly Ridge has indicated that it will approve the transaction as being i . n compl"
lance with
611 applicable lidable zoning, subdivision and other IPd . use regulations so long as R-A. torlipfkds tbe'e§tablisihdie.fit
of a, bean, a fencea�d iandscaping around the pxi*g was
tewater treztin erit plant (the 'Iftiprovem is�"
R.A. acknowledoes that it has the obligation and agrees with ONWASA . - . to eiiab)isii the Improvements . .and
has prepared a plan sboMn . these Improvements a'�fid has attached the o this Agreement as Exhibit 1.
9 plan
Hbwevbr, the until
Parties desire .not system Iihorio- 'ye mhe"
-aesi' o set
to delay the conveyance of the wastewater :nIs are
eftabli�h��and re t , aside funds from the closing for thd establishment of the improvements.'
Therefore, the Pdrties agree ihat The Title Co' ' ' ' 6f N6rt Carolina, (the. A
MPPY h Agent's shall retain
$46,�17.00 of funds due to RA at closing ("Monies') in trust as the amount unt estimated by t46 Parties to be
sufficient io establish 6e improVernenis The Monies shall be deposited in dhoft-intemt bearing ;- account.
The Escrow Agent shalf'retain'and hold th6 Mofijes until either: (1) the Escrow: Agentr`�­ceiyes a certification
kation
from an affirpor iatd licensed professional (civ'11 engi6eee, ldndsupe architect, etc,) stating R.A. has
June 39, 20 L0, WhibheV& o�6&§ firit. in the event
established the improvements shownon Exhibit 3: or 0
k-A establishes the Improy6indhts bfi or before June 30, �00, the E Ag6nt shall pay the Monies and
. , e'ial6li�h' '. .. . - . Escrow . Agent .: .
all ijifee&ft edited on the Monies to -RA: In the event R.A. fails to establish the Impr6veinpnts by July 1,
2010 , .`iheh thie E's­brd'W Agent sha-11 pay the Monies and all interest earned on the Mor*ule s to ONWASA, and
ONWASA shall have the duty to establish the Improvements and secure the appr . ovd of the Improvements
by Holly Ridge. if the Esdrow'Agent does not receive the above refeienced beftifi,cation by July 1, 2010,
then Escrow Agent may assume that the Improvements have not been 6stablished and may pay the Monies to
ONWASA- If the cost of establishing the Improvements exceeds the amount of Monies paid to ONWASA,
A4 Aall pay the diffeteince to ONWASA Wiffi"in j'b days of receiving an invoice th6r6fore. I . f the cost of
" establishing lh&hhroVeinents is less than the amount
t . of . Monies paid to ONWASA; "ONWASA shall pay the
difference f6 R.A. within 30 6ys o. f. completion establishment
The Parties agree that the Escrow Aucht shall be fully indemnified for the Esdrqw Agent's
's good faith
perfohnahce of its duties under this Agreement except Reept for any malfeasance, gross negligence or bad faith
performance by the Escrow Agent.
'his theme day of FebruaryjfiA
K A. NORTH DEVELOPMENT L INC.
By.
Name: &0p, NX
ONSLOW WATER AND SEWER AUTHORITY
By:
airier
WC.SR 4061614A

Vendor 108B21 THE TITLE COMPANY OF NORTH CAROLINA 02/05/2009
ON SLOW WATER &'5EWER AUTt#ORfTY-
Invoice # Inv Date PO Number Description
020509 2/5/2009 SUMMERHOUSE ESCROW
Check Total
i+3031574u' 4053100300I:00076L340SGEIJO
Vendor 108821 THE TITLE COMPANY OF NORTH CAROLINA 02/03/2009
Invoice #k Inv Date PO Number Description
D20509 2/5/2009 SUMMERHOUSE ESCROW
Check Total
r
31574 31574
Amount
46,377.OD
3157,t 31574
Amount
46,377.00
46,377.00
ONSLOW WATER & SEWER AUTHORITY

Doc ID; 007127200004 Type- CRP
Recorded: 02/06/2009 at 12;51:51 PM
Fee Amt: $23.00 Page I of 4
On Slow CountV C
Rebecca L. Pollard Rep.. of Deeds
eK 3 17 8 Po50-5 3
NORTH CARD JNA
MUTUAL CONSENT AND QUrFCLAIM
Oi4SLOW COUNTY
THIS CONSENT AND QUITCLAIM, made and - i this 26 9, by and
Qq - .r. , BAY : 81'?L� , — of J .0
between 8 RgQU$IE ON 199� PAY HOMEOW�qEizg, MSOCIATION, INC., a North
Cdtoiina n"6t,&'r--,profit corporation (the "AssppiOalfj Gild ONSWW WATER .AND SEWER
AT)TfIORUY, a body politic and corporate of the Stlatr, of North Carolina (the "Authoiit/l.
WMIESSETTL
Whereas, R.A. North Devd1opment I, Inc. (-Dd'�elqpeel is the owner of a wastewater
installed in a develokment known asSummerhouse on Everett Bay located in Ppslow Qounty, North
Carofiara (the "Development"}; and
meh
Whereas, the PevelopnJ nt.is sh&wn on plats rwprded in Map Book 51, Page. 42,.Map Book 51,
Pap 100, gap Book -51,Pa 218, and Map Book 52, Page 157 of Onslo 1'C94..n'.ty Re.- ' of
Page gyster
Deeds; and
W40reas, a. 4ecim-atio;'i 'of p'riolwtive covenants for the Development is recorded in Book 2679,
Page 633 6fi.he biLo6w County Registry(the "CoVed,h&); and
Whereas, the Association is the homeowh'' association for the Devdlopment and as such is
ch,ixgcd under the Declamfion with the ownership, op=atio'n and maintenance of the, -Common Area"
Within the D6yelopincfit; and
�Lr entered j4t6 an Asset
et Puroha�e Agff-eeitit,'dat6d Januaky
Whereas, PFVe�opg 4po The Agth�#ty.ont
P. p� uant to which Developer agreed to (Qr,9nye system y its wastewater to Tb6 Mth6rity,
*Iud#g"cqt* lands and e'ascmerits which constitute dtfierwise would have constituted bonnnoh
Area and . . � - '.. . I - - ... Declaration ratign 4nO 60ani6d. & ., (0)assign to the Authority 9e;i0p rights and obligations under the DecW
Declaration to the extent the terms thereof are incoas�icniwit& the C6� . by the
"6t Nrch=6 Agree=i.k4 bhA
Whereas, As -part of the consideration for the conveyance. t . � it of the wa"ter systems, � M- the
Authority chicred. into a W.4,Agreement with the eW4ter Service bev;iopei agremg to pro -Me
�
wastewater service to the res(dents dfthe b.evefopm6i and the Association; and
Whereas, in conjunction With the closiag of the Asset Purchase Agreement the DeVeIpper has thi's
date
executed
and delivered tothe
h 9'Ad ijo;ity . ' perta I ih oitl[16T itstru , ineigs wb . ich an recorded �bq6r&d in the. Onslow
- .. Service
- 'LLd, � ­:,,..,._, : :, �01 ip6ti�,
County, Registry a� e��d,�s Wast�4at& Service Agreerneni said ocuments are collectively y
referred to herein'as the '"'C"ll "Closing Docments" ):

Page 2
• Non -Warranty Deed recorded in Bookil 27 Page (� -7
• Bill of Sale of Personal Property recorded in Boo01� Page AL.
• Amendment to declaration of Protective -Covenants, Restrictions, Easements, Charges, and
Liens for Summerhouse on Everett Bay. recorded in Bookie Page
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the Association, in
consideration of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, paid
to the Association by the Developer and the Authority, the receipt of which is hereby acknowledged, by
these presents, does give, grant, and quitclaim unto the Authority, and the Authority's successors and as-
signs forever, all right, title and interest of the Association in and to Pump Stations 1-5, the Wastewater
Treatment Plant, Infiltration Basins 1-2 (the "Property) described in the above referenced Non -Warranty
Deed.
THE ASSOCIATION consents to all assignments, amendments and other transactions made
pursuant to the Closing Documents.
THE AUTHORITY of l that the Association and the residents of the Development are
intended third party beneficiaries of the Wastewater Service Agreement.
TO RAVE AND TO HOLD the foregoing, with all privileges and appurtenances thereto
belonging, to the Authority and the Authority's successors and assigns, forever.
IN WITNESS WHEREOF, the Association has pursuant to proper corporate action caused this
instrument to be signed in its corporate name by its duly authorized officer, the day and year first above
written
ONSLOW WATER AND SEWER AUTHORITY
9
By: 7 _ _
SUMAMRHOUSE ON EVERETT BAY
HOWAWNERS ASSO ON, INC.

Page 3
STATE OF NORTH CAROLINA
COUNTY OF
I, 3-ceriify that the following person(s) personally appeared
before me thA day, and (mark [ ❑] one box)
I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
0 A credible witness: (insert name of witness) has
sworn to the identity of the principal(s);
each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated
therein and in the capacity indicated-
�L1 o R in 4c- T President, SUMMERHOUSE ON
EVERETT BAY HOMEOWNERS ASSOCIATION,
INC.
on behalf of and as the act of the following entity: SUALMTRHOUSE ON EVERETr BAY
HOMEOWNERS ASSOCIATION, INC.
Dateok?1 Notary Public
:: '('(print mamefrequired])
(official seat) My commission expires: 4 a
F11a
NOiW�NSIC
MY �m toes ,NC1wsa 20, 2013

Page 4
STATE OF NORTH CAROLINA
COUNTY OF
L _ . certify that the following person(s) personally appeared
before me this day, and (mark [ D] one box)
❑ I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
❑ A credible witness: (insert name of witness) has
sworn to the identity of the principal's);
each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated
therein and in the capacity indicated:
Chairman, ONSLOW WATER AND
SEWER AUTHORITY
. on behalf of and as the act of the folloVing entity. ONSLOW WATER AND SEWER
AUTHORITY
Date: f&U(( 4' Notary Public
Carlo- A Sv c,-tt, (print name[required])
(official seal) My commission expires: DQ-1 0013
v3 CARLA A SMITH
WCSR 4047725
NOTARY PUBLIC
ONSLOW C+aU M. NC

wh#s certifies 16ar sher>:e
tad axel,
Y la
���an a
h„�a e0,�,anryTax I, tar
.
Parcel tdentlricatian N m rt
This is not' I rertll;eatl tit r < <1
. entir,estiarNamhe!
Doc ID- 007126020007 TVPe' CRP
matches this deed dexe PI an.
Recorded: 02/05/2009 at 12 :22 :16 PM
1 of 7
Fee port: $2,532.00 Page
Exoise Tax: $2,500.00
NO
'er
Onslow county
Rebecca L. Pollard Reg. of Deeds
Tax Cut[ rx60=0 s,o
O
SK3177 Pr-474-4so
This deed presented to
The - loyr C r
Data i i rk
I47{ Simi .r 44 at S06 r
NORTH CAROLINA
ON -WARRANTY DEED
ONSLOW COUNTY
THIS NON -WARRANTY DEED, made this _ day of January, 2009, by and between
R.A. NORTH DEVELOPMENT I, INC,, a North Carolina corporation ("Grantor"}, and ONSLOW
WATER AND SEWER AUTHORITY, a body politic and corporate of the State of North Carolina
("Grantee").
WITNESSETH:
Whereas, Grantor is the owner of a wastewater system installed in a development known as
Summerhouse on Everett Bay located in Onslow County, North Carolina (the "Development'); and
Whereas, the Development is shown on plats recorded in Map Book 51, Page 42, Map Book 51,
Page 106, Map Book 51, Page 218, and Map Book 52, Page I57 of the Omlow County Register of
Deeds; and
Whereas, a declaration of protective covenants for the Development is recorded in Book 2679,
Page 633 of the Onslow County Registry (the "Covenants"); and
Whereas, Grantee was created pursuant to Chapter 162A of the General Statutes of North
Carolina and is authorized by law to acquire and operate water and wastewater systems; and
Whereas, Grantor and Grantee entered into an Asset Purchase Agreement, dated January.
2009, pursuant to which Grantor agreed to convey its wastewater system to Grantee and the hereinafter
described lands constitute a part of such wastewater system; and
Whereas, Article VI, Section 3(a) of the Covenants authorize Grantor to convey any Common
Area (as defined in the Covenants) to any governmental body ",..provided that no such dedication,
transfer or conveyance shall adversely limit the use of the Common Area by the Members of the
Association.'; and
Whereas, after completion of the conveyances made pursuant to this deed, Grantee will provide
wastewater service to the residents of the Development pursuant to the Wastewater Service Agreement
entered into this date, the terms and obligations of which survive the delivery of this deed to Grantee.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that Grantor, in consideration
( of TEN AND N01100 ($10.00) DOLLARS and other good and valuable consideration, paid to C=ntor by

Page 2 !
Grantee, the receipt of which is hereby acknowledged, by these presents, does give, grant, bargain, sell
and convey unto Grantee, and Grantee's successors, and assigns forever, in fee simple, all those certain
lots or parcels of land located in the County of Onslow, State of North Carolina, together with non-
exclusive appurtenant casements and an assignment of rights and duties created by the Covenants to the
extent and only to the extent required by Grantee to operate and maintain the wastewater system located
within the Development, more particularly described on EMHBrr A attached hereto and incorporated
herein by reference.
TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and
appurtenances thereto belonging, to the Grantee and Grantee's successors and assigns, forever, in fee
simple. The Grantor makes no warranty, express or implied as to title to the property hereinabove
described. Title to the property is subject to the provisions of all applicable zoning and land use
ordinances, statutes and regulations and current year ad valorem taxes, the Covenants, and all other
matters of record.
The designation Grantor and Grantee as used herein shall include said parties, their successors
and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context_
IN WETNESS WHEREOF, the Grantor has caused this instrument to be signed in its corporate
name by its duly authorized officer, his the day and year first above written.
R.A. NORTH DEVELOPMENT L INC.
By:
President

Page 3
STATE OF NORTH CAROLINA
COUNTY OF N-4.4,e.55
I, Y ! d /RN L . "'I fl e K -- _ certify that the following person(s) personally appeared
before me this day, and (mark [ ❑) one box)
l9 I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
❑ A credible witness: (insert name of witness) has
sworn to the identity of the principal(s);
each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated
therein and in the capacity indicated:
Priaci al's Name
anaci
�A,cl/�Wt P/-V t Eit1
President, R.A. NORTH DEVELOPMENT I,
INC.
on bchalf of and as the act of the Ulowing%entity: R.A.. NORTH DEVELOPMENT I, INC.
} Date: Z/;�" Notary Public
y ,41rl (print narne[requiredj)
i My commission expires: 9 l0/!3
VIV=WHITLEYYC11R 41-My Commisp 12, 20t3

EXHIBIT A
The following described tracts of land are located in Onslow County, NC and are further shown
on plats recorded in Map Book, Pages /V through%aS_t of the Onslow County Register of
Deeds Office.
PUMP STATION 91
beginning at a northernmost property corner of Lot 1020 as recorded in Deed Book 51, Page 218
and titled 'Summerhouse on Everett Bay, Final Plat -Phase 21;
THIS BEING THE POINT OF BEGINNING;
thence N 44"39146" E at a distance of 49.911;
thence N 48*39109" E at a distance of 64.591;
thence N 41*21102" W at a distance of 72.771;
thence S 48°49132" W at a distance of 68.59';
thence with a curve turning to the left with an arc length of 73.12', with a radius of
625.731, with a chord bearing of S 44°29'18" E, with a chord length of 73.OB';
thus enclosing pump station #1 having an area of 4,904 sf or .11 acres.
PUMP STATION #2
Point of beginning being the northernmost property corner of Lot 390 as recorded in Deed Book
51, Page 106 and titled 'Summerhouse on Everett Bay, Final Plat -Phase 1';
thence S B4016154" E at a distance of 53.1l';
thence N 05*46,291, E at a distance of 64.53';
thence N 84016154" W at a distance of 55.331;
thence S 02*08155" E at a distance of 15.53';
thence with a curve turning to the right with .an arc length of 49.211, with a radius of
277.07', with a chord bearing of S 05'40141" W, with a chord length of 49.151,;
which is the point of beginning thus enclosing pump station #2 having an area of 3,411 sf or
.09 acres.
PUMP STATION #3
i beginning at a southwesternmost property corner of Lot 66 as recorded in Deed Book 51, Page
106 and titled 'Summerhouse on Everett Bay, Final Plat -Phase 11;
thence S O8°42143" W at a distance of 50.97';
THIS BEING THE POINT OF BEGINNING;
thence S 19428145" W at a distance of 62.451,
thence N 70"29143" W at a distance of 58.33';
thence N 19"30156" E at a distance of 62.83';
thence S 70*07123" E at a distance of 58.291;
thus enclosing pump station #3 having an area of 3,652 sf or .08 acres.
PUMP STATION #4
beginning at a southeasternmost property corner of Lot 681 as recorded in Deed Book 51, Page
218-and titled 'Summerhouse on Everett Bay, Final Plat -Phase 21;
thence N 67°39146" E at a distance of 55.111;
THIS BEING THE POINT OF BEGINNING;
thence N 44020100" E at a distance of 49.891;
thence N 47°29132" W at a distance of 70.571;
thence S 42'55105" W at a distance of 49.421;
thence S 47*07129" E at a distance of 69.341;
thus enclosing pump station 14 having an area of 3,472 sf or .08 acres.
PUMP STATION #5 r
beginning at a southeasternmost property corner of Lot,699 as recorded in Deed Book 51, Page
218 and titled 'Summerhouse on Everett Bay, Final Plat -Phase 2';
THIS BEING THE POINT OF BEGINNING;
thence N 89*55144" E at a distance of 68.42';
thence with a curve turning to the left with an arc length of 76.38', with a radius of
88.251, with a chord bearing of S 35*19130" E, with a chord length of 74.021,;
thence with a reverse curve turning to the right with an arc length of 45.74', with a radius
of 148.521, with a chord bearing of N 44°16116" E, with a chord length of 45.561,;
thence N 34*12158" W at a distance of 62.711;
{ thence S 58031119" W at a distance of 46.121,
r

thence S 64*10151" W at a distance of 55.491;
thence S 63'47140" W at a distance of 59.47';
thence N 24058130" W at a distance of 288.90';
thence N 45'52101" E at a distance of 67.10';
thence with a curve turning to the left with an arc length of 169.831, with a radius
512.65!, with a chord bearing of N 32'41'43" E, with a chord length of 169.061,;
thence with a compound curve turning to the left with an arc length of 108,551, with
of 515.401, with a chord bearing of N 27*13120" E, with a chord length of 108.35',;
thence with a compound curve turning to the left with an arc length of 96.201, with
of 515.391, with a chord bearing of N 05"50128" E, with a chord length of 96.061,;
thence with a compound curve turning to the left with an are length of 77.761, with
of 515.391, with a chord bearing of N 03'49143" W, with a chord length of 77.69',;
thence with a compound curve turning to the left with an arc length of 62.44', with
of 515.391, with a chord bearing of N 11'37119" W, with a chord length of 62.41',;
thence with a compound curve turning to the left with an arc length of 33.57'. with
of 515.381, with a chord bearing of N 16057131" W, with a chord length of 33.56',;
thence N 19*47104" W at a distance of 13.341;
of
which is the point of beginning thus enclosing infiltration basin #1 having an area of
421,736 sf or 9.68 acres.
i radius
radius
radius
radius
radius
INFILTRATION BASIN #2
beginning at the easternmost property corner of Lot 144 as recorded in Deed Boole 51, Page 106
and titled 'Summerhouse on Everett Bay, Final Plat -Phase 1';
thence N 39'58119" W at a distance of 52.89';
THIS BEING THE POINT OF BEGINNING;
thence with a curve turning to the left with an arc length of 116.211, with a radius of
216.401, with a chord bearing of N 50*32146" W, with a chord length of 114.821,;
thence with a reverse curve turning to the right with an arc length of 58.311, with a radius
of 35.001, with a chord bearing of N 17'42133" W, with a chord length of 52.201,;
thence with a compound curve turning to the right with an arc length of 395.561, with a
radius of 356.031,1with a chord bearing of N 62'20127" E, with a chord length of 375.531,;
thence S 84'07159" E a distance of 3.27';
thence with a curve turning to the right with an arc length of 51.39', with a radius of
35.D01, with a chord bearing of S 42'04100" E, with a chord length of 46.9D',;
thence with a compound curve turning to the right with an arc length of 152.37', with a
radius of 63760.88', with a chord bearing of S 04'07'58" W, with a chord length of 152.371,;
thence with a reverse curve turning to the left with an arc length of 310.921, with a radius
of 468.221, with a chord bearing of S 16'3614B" E, with a chord length of 305.241,;
thence S 35'40'41" E a distance of 265.44';
thence with a curve turning to the right with an arc length of 273.84', with a radius of
B7.701, with a chord bearing of S 60'54105" W, with a chord length of 1'75.391,;
thence N 35'09'42" W a distance of 591.44';
which is the point of beginning thus enclosing infiltration basin #2 having an area of
194,930 sf or 4.48 acres.
NON-EXCLUSIVE APPERTUN.ANT EASEMENTS
Grantee is granted and conveyed a non-exclusive easement over all existing private roads,
utility access easements and utility easements shown on the above referenced plats or any
other plats of the Development recorded in the Onslow County Registry for the purpose of
owning, operating, repairing, improving and maintaining Pump Stations 1-5, the Wastewater
Treatment Plant, Infiltration Basins 1-2, and all pipes and other improvements lying within
the utility easements which are part of the sewer system associated with these Pump Stations,
Wastewater Treatment Plant, and Infiltration Basins.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS UNOZR THE PROTECTIVE COVENANTS, RESTRICTIONS, EASEMENTS,
CHMGES AND LIENS FOR SU142RHOUSE ON EVERETT BAY, RECORDED IN BOOK 2679, PAGE 633, ONSLOW
COUNTY REGISTRY
Grantee is assigned all rights and obligations vested in Grantor related to or necessary for
the ownership, operation, repair, improvement or maintenance of Pump Stations 1-5, the
Wastewater Treatment Plant, Infiltration Basins 1-2, and all pipes and other improvements
lying within the utility easements which are part of the sewer system associated with these

Pump Stations, Wastewater Treatment Plant, and Infiltration Basins and the Developer shall
have no obligation to provide sewer service to any property in Summerhouse at Cutter Bay.
All rights and obligations reasonably necessary and convenient to the Developer undertaking
and performing its rights and duties as the Developer of Summerhouse at Cutter Bay are saved
and excepted from this conveyance.
WCSR 4047724v2

Illllfll�l�llll�ll� III II�IIIIIII�I�Illllll�lf�l � �Q
Doe ID: 007126040002 FYPe: CRP
Recorded: 02/05/2009 at 12:25:48 PM
Fee Amt: $17.00 Page 1 of 2
Onslow Gounty NO
Rebecca L. P611ard Reg. cf Deeds
SK3177 pa481-482
NORTH CAROLINA
BILL OF SALE OF PERSONAL PROPERTY
ONSLOW COUNTY
THIS BILL OF SALE OF PERSONAL PROPERTY, made this — day of January, 2009,
by and between R.A.. NORTH DEVELOPMENT I, INC., a North Carolina corporation (the
"Developer', and ONSLOW WATER AND SEWER AUTHORTFY, a body politic and corporate of
the State of North Carolina (the "Authority').
W] TNESSETH:
Whereas, Developer is the owner of a wastewater system installed in a development known as
Summerhouse on Everett Bay located in Onslow County, North Carolina (the "Development"); and
Whereas, the Development is shown on plats recorded in Map Book 51, Page 42, Map Book 51,
Page 106, Map Book 51, Page 218, and Map Book 52, Page 167 of the Onslow County Register of
Deeds; and
Whereas, a declaration of protective covenants for the Development is recorded in Book 2679,
Page 633 of the Onslow County Registry (the "Covenants'); and
Whereas, the Authority was created pursuant to Chapter 162A of the General Statutes of North
Carolina and is authorized.by law to acquire and operate water and wastewater systems; and
Whereas, Developer and the Authority entered into an Asset Purchase Agreement, dated January
2009, pursuant to which Developer agreed to convey its wastewater system to the Authority and this
Assignment in compliance with the terms of such agreement (the "Asset Purchase Agreement'.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that Developer, in consider-
ation of TEN AND N01100 ($10.00) DOLLARS and other good and valuable consideration, paid to
Developer by the Authority, the receipt of which is hereby acknowledged, by these presents, does give,
grant, bargain, sell, assign, transfer and convey unto the Authority, and the Authority's successors and as-
signs forever, in fee simple, the following.
All personal property constituting the System Assets described in paragraph 2 of the Asset
Purchase Agreement excepting the Excluded Assets described in paragraph 3 of the Asset
Purchase Agreement.

Page 2
To the extent any of the appurtenant non-exclusive easements, or the rights and obligations under
the Covenants described in the Non -Warranty Deed from the Developer to the Authority,
recorded in Book'3 Page aOnslow County Registry are deemed to be personal property,
such easements, rights and obligations are transferred to the Authority by this Bill of Sale.
TO HAVE AND TO HOLD the foregoing, with all privileges and appurtenances thereto
belonging, to the Authority and the Authority's successors and assigns, forever.
The designation Developer and the Authority as used herein shall include said parties, their
successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by
context.
IN W=SS WHEREOF, the Developer has caused this instrument to be signed in its corporate
name by its duly authorized officer, his the day and year first above written.
R.A. NORTH DEVELOPMENT 1, INC.
By:�_
President
STATE OF NORTH CAROLINA
COUNTY OF ,f9, X e 06
I, Ul V 14 M L , fiL/ /l'd certify that the following person(s) personally appeared
before me this day, and (mark [ ❑] one box)
9 I have personal knowledge of the identity of the principal(s)
0 I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
0 A credible witness: (insert name of witness) has
sworn to the identity of the principal's);
each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated
therein and in the capacity indicated:
Princi al's Name Ca aci
//��
President, R.A. NORTH DEVELOPMENT I,
AZiG INC.
on behalf of and as the act of the following entity: R.A. NOR
TH DEVELOPMENT I, INC.
Date: i 21,9 O dzzell -) , Notary Public
., VyAd G , W#Atz a (print name[required])
My commission expires: % 9 l
►'V" L. WHITLEY
Notary Public
Cabanas County
North Careliea
r�4yommisslon Expires Sep 12, 2D13

SOMDocEONE
Recorded: p2/05%2009 at�12:26:47 PM
Fee Amt: $20.00 Page i of 3
onalou Ccunty NC
Rebecca L Polard Reg. of Deeds
8K3177 P433-435
mu I W , ►1: Am L1).1V h
L 1,. Th. rd S�f�
1 nM1;A J�PA JJ �
AMENDMENT TO DECLARATION
OF
PROTECTIVE COVENANTS, RESTRICTIONS,
EASEMENTS, CHARGES AND LIENS
FOR
SUMMERHOUSE ON EVERETT BAY
This Amendment to Declaration of Protective Covenants, Restrictions,
Easements, Charges and Liens for Summerhouse on Everett Bay, made this 8th day of
January, 2009, by R.A. NORTH DEVELOPMENT 1, INC., a North Carolina corporation
(the "Declarant");
WITNESSETH:
WHEREAS, Declarant is the owner and developer of Summerhouse on Everett
Bay (the "Development'), as is shown on various maps recorded in the Onslow County
Registry; and
WHEREAS, Declarant recorded a Declaration of Protective Covenants,
Restrictions, Easements, Charges and Liens for the Developmenfln Book 2679, Page
633, Onslow County Registry (as previously amended hereinafter referred to as the
"Declaration") ; and
WHEREAS, Declarant has entered into an Asset Purchase Agreement with
Onslow Water and Sewer Authority (the "Authority") to convey the wastewater system at
the Development (the "Wastewater Facilities) to the Authority, Including, but not limited
to, certain lands and easements; and
WHEREAS, the Authority shall provide wastewater service to lot owners within
the Development; and
WHEREAS, Declarant desires to amend the Declaration to the extent it is
inconsistent with the transactions contemplated by the Asset Purchase Agreement.

NOW, THEREFORE, the Declaration is amended as follows:
1. Article f, Section 1(e) is amended by adding to the end of said
subparagraph (e) the following:
Notwithstanding the foregoing, Pump Stations 1-5, the
Wastewater Treatment Plant, and Infiltration Basins 1-2
conveyed by the Declarant to Onslow Water and Sewer
Authority shall not be Common Area.
2. The last paragraph of Article II, Section 18 Is deleted and there is
substituted therefore the following:
The Wastewater Facilities have or will be conveyed by
Declarant to Onslow Water and Sewer Authority which will
operate the Wastewater Facilities in accordance with its
rules, regulations and applicable governmental laws and
regulations.
3. Article'll, Section 25 is amended by deleting there from the words
infiltration basins".
IN WITNESS WHEREOF, Declarant has executed this document the day and
year first above written.
R.A. NORTH DEVELOPMENT 1, INC.
By,
-2-

STATE OF NORTH CAROLINA
COUNTY OF 6
I, ' ✓i u � - �bmrZ C , certify that the following person(s)
personally appeared before me this day, and (mark [ ®j one box)
X I have personal knowledge of the Identity of the principal(s)
❑ 1 have seen satisfactory evidence of the principal's identity, by a current
state or federal identification with the principal's photograph in the form of a
❑ A credible witness: (insert name of
witness) has sworn to the identity of the principal(s);
each acknowledging to me that he or she voluntarily signed the foregoing document for
the purpose stated therein and in the capacity indicated:
Princi al's Name Ca aci
,417.1 L PA Al, XLc e/V President, R.A. North Development 1, Inc.
on behalf of and as the act of the following entity: R.A. North Development 1. Inc.,
Insert "NIA" if "individual" or "trustee" inserted in Capacity column above) .
Date: i5lh 1d�7 , Notary Public
�VLA�cI 1. �i�l(print name[requii-4)
My commisslon,expires: �r /�
VIVIM L. WHITLEY
Notary Public
Cabarrue County
North Carolina
r
ommission Expires Sep 12. 2013
WCSR 40484010
.3-

v `
v mcmm&C 'VE
v
MAY I�11)�
DELIVERED
TO: NCDENR - DWQ (Express Permitting)
1.27 Cardinal Dr. Lxt.
Wilmington, NC
ATn�NTION: Stormwater Group — Mary Jean Naugle
WE ARE SENDING: ® OriginaIs ® Prints
❑ Specifications ❑ Calculations
LETTER OF TRANSMITTAL
DATE: May 12, 2009
PROJECT NO: 0961-0020
TASK NO: 40
1 F: Summerhouse (SW8 060509)
Stormwater Plan Revision
TRANSMITTAL NO:
PAGE 1 OF 1
❑ Shop Drawings ❑ Samples
❑ Other -
Quantity
Drawing No.
Rev.
Description
Status
1
Stormwater Permit Revision Request Memo
1
Name/Ownership Change Request Form 1
1
Copy of Check 33746 (previously submitted)
2
Purchase Agreement / Property Description
2
Exhibit A — Summerhouse WWTP Property
Issue Status Code: A. Preliminary B. Fabrication Only C. For Information D. Bid
E. Construction F. For Review & Comments G. For Approval H. See Remarks
Action Status Code: 1. No Exceptions Taken 2. Make Corrections Noted 3. Other
4. Amend & Resubmit 5. Rejected - See Remarks
REMARKS: Requested documents to process stormwater plan revision of Summerhouse Plan.
Additional documents for Holly Ridge Modification are being collected and will be delivered soon.
Please call if you have any questions. Thanks!!
ti
243 NORTH FRONT STREET, WI[ .WNGTON, NC 28401 [phone] FAX [phone]
cc: Jeff Adkins, McKim & Creed, P.A. McKIM & CREED, PA
Tim Webb, ONWASA (Trans Only)
Signed
hi -
Robert Gordon
Dommentl

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION
Regional Review: Stormwater Wetland
Project name Summerhouse sw8 060509 mod
Contact name a
Drainage area number Boat Ramp
Date August a, 2009
Desl n Variable Variable Equation value I units
V.I.— fn T—t• KFnn-CA Watarc
Volume to Treat, Reported
VF?. m-,a
I -
1,694.00
ft'
Volume to Treat, Required (Simple Method?
VR,4;,,d
=3,630'RD.N—SR'Rv'AroW
1,714.85
ft'
Adequate design volume calcualted QK ROUNDING
no, check
decimals
✓
Adequate design volume used (3,630 ft' minimum)?
no
-
Drainage area
ATotal
36.155
ft,
Drainage area
ATaW
0.83
acres
Impervious area
A,mp
20.856
ft'
Percent Impervious
la
=Al.^l is
0.58
(unitless)
Design Storm
RD.No SR
1
in
Runoff Coefficient
Rv
=.05+.9QA)
0.57
(unitless)
Vnln Mft rn Irnnr, sH wmanq
Volume to Treat, Reported
JVRepanad
I -
0.00
rya
Volume to Treat, Required
VR,g.ad
I =Vp-t Vpl,
0.00
ry'
Adequate design volume calcualted?
yes
Drainage area
ATptM
36.155
ft2
Drainage area
AzoW
0.83
acres
Design Storm
RgSft
0
in
Pre -Development. -
Volume, Pre -development (Simple Method)
VP„
=3.63D'RD.sR'Rvpte'Araai
0
ft'
Impervious area, pre -development
Almpp,
o
ft'
Percent Impervious, pre -development
IAP„
=Aimpp,elAToW
0.00
(unitless)
Runoff Coefficient, pre -development
Rv,pra
=.05+•9(1A. 10
0.05
(unitless)
Post -Development:
Volume, Post development (Simple Method)
V'W
=3,630'RD.sR`Rv.posi Arota1
0
ft'
Impervious area, post -development
Al, paw
20,856
ft'
Percent Impervious, post -development
IApp,1
=A,mp.po,VATM,i
0.58
(unitless)
Runoff Coefficient, post -development
1
1 =.05+.9(IA_po„)
0.57
(unitless)
Surface Area (Entire Wetland), Reported JASW,R,,,M.d
I -
2,817.00
rye
Surface Area (Entire Wetland), Calculated As,r,_c,j_j jnd
=VFZ.W-CDpcnd
1.694.00
ryz
Adequate surface area provided?
yes
-
Oepth of temporary poollponding depth
D,I
12
in
Depth of temporary poollponding depth
Dph.T,
1.0
ft
Volume of water that can be held in temp. pool
VTampppu
=(Asura ,cacuiat,d)"{Dwa� s)
1,694.0
ft'
Adequate temporary pool volume provided?
eck decimals
-�
Topographic Zone Elevations & Surface Areas
The wetland supplement sheet will indicate if the elevations and surface areas are adequate for each topographic zone. If the spreadsheet indicates that they are incorrect,
then they must be fixed (also check the number of decimal points),
bj<
1l3

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION
Regional Review: Stormwater Wetland
rlra H.— Ti— I_.r. Hf irleifi 1
Gravity
g 1
132.2
f /sec'
Coefficient of discharge
Co
See Table 3-8 of the BMP Manual
0.60
(unitless)
Driving head, Reported
Ho, R,..POned
0.340
tt
Driving head, Calculated
He.cw w d
=D%„43
0,333
ff
Adequate driving head (Ho) reported? CLOSE ENOUGH
no, check
decimals.
2 Days: Determining Maximum Orifice Diameter
Drawdown Rate
0217,y,
=UR,,O,tee•(minl60sec)"(hrl60min)"(dayi24hr)42days)
00098
ft37sec
Orifice cross -sectional area
AMays
=Q2D,y,l(Cn•(SQRT(2•g•Ho,,;.,.d)))
0,0035
It,
Orifice radius
R20a
=SQRT(AMD, /Pi)
0.034
It
Orifice radius
R2D,y,
0.40
in
Onfiicediameter
D2c,r,: Max Diameter
=2R20,y,
0.80
in
5 da s: Determining Minimum Orifice Diameter
Drawdown Rate
gSDr s
=VReR,,*(mint60sec)•(hrl60min)•(day124hr)1(5days)
0.0039
Wiser -
Orifice cross -sectional area
A5odys
=Qsoar.l(Cn•(SORT(2`g•Ho.Cawul.ted)))
0.0014
ftz
Orifice radius
R5Days
=SQRT(A5Day,lPi)
0.021
it
Orifice radius
R5D.y
0,25
in
Orifice diameter
Dsp,r,: Min Diameter
=2R50.r,
0.51
in
Orifice diameter, reported 1DReP0ft1d
0.75
in
Adequate
drawdown crifice size is it between D and D " . ?
yes
Drawdown time, using the reported orifice diameter
tca Wa ed
=VR.,I.di(QR.p.dad)•(min160sec)'(hrl60min)'(dayl24hrf
2.30
days
Drawdown time, reported
tR,adnm
5,00
days
Adequate drawdown time reported?
yes
v
Orifice radius, calculated from reported values
RReaarted
=DR.p.d.612
0,38
in
Orifice radius, calculated from reported values
RR.p.-d
0.03
it
Orifice cross -sectional area, calculated from reported values10R.Pn�d
AR.poded
=pi'RRe e 2
0.00
It,
Drawdown Rate, calculated from reported values
=ARepanad•CD.SQRT(2•g-Hp,ca1r iw.d)
0.01
itWisec
Drawdown Time, 2-6 days (Weir)
Manually check, depending on weir type. See Section 3,5.1
213

Permit Number
(to be provided by DWQ)
f
aF w a r�R
v�
NCDENR p `
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WETLAND SUPPLEMENT
This form must be filled out, printed and submitted.
The Required Items Checklist (Pail Ill) must be printed, filled out and submitted along with all the required information.
I f II. PRQJKTdNWKI
Project name
Contact name
Phone number
Date
Drainage area number
Site Characteristics
Drainage area
Impervious area, post -development
Percent impervious
Design rainfall depth
Peak Flow Calculations
Does this project require pre/post control of the 1-yr 24-hr peak
flow?
1-yr, 24-hr runoff depth
Rational C, pre -development
Rational C, post -development
1-yr, 24-hr intensity
Pre -development 1-yr, 24-hr runoff
Post -development 1-yr, 24-hr runoff
Pre/Post 1-yr, 24-hr peak control
Storage Volume: Non -SR Waters
Design volume (temporary pool volume)
Storage Volume: SR Waters
1-yr, 24-hrdepth
Impervious area, pre -development
Pre -development 1-yr, 24-hr runoff
Post -development 1-yr, 24-hr runoff
Minimum volume required
l
Design volume (temporary pool volume)
Drawdown Calculations
Diameter of orifice
Coefficient of discharge (Co) used in orifice diameter calculation
E I Driving head (Ho) used in the orifice diameter calculation
Summerhouse sw8 060509 mod
August 4,2009
Boat Ramp
36,155 ft2
20,856 ft2
57.7% %
1.0 inch
n (Y or N)
In
(unitless)
(unitless)
inlhr
ft3isec
ft3lsec
ft3lsec
1,694 ft3
in
ftZ
ft3
ft3
ft3
ft3
5.00 days
0.75 in
0.60 (unitless)
0.340 ft
1995 rule
Provide calculations showing that it is greater than or equal
to the Simple Method volume.
OK
OK
KI
Form SW401-Weiland-Rev.3
1
Parts I and II. Project Design Summary, Page 1 of 3

Permit Number
3
(to be provided by DWQ)
it a
Surface Areas of Wetland Zones
Depth of temporary poollponding depth (Dp,a ,)
12 in
OK
Required Surface Area of Entire Wetland
1,694 ft2
Designed Surface Area of Entire Wetland
2,817 ft2
OK
Shallow Land
846 ft2
OK
The shallow land percentage is:
30.03%
Shallow Water
1,374 ft2
Insufficient shallow water area.
The shallow water percentage is:
48.78%
! I Deep Pool
Forebay portion of deep pool (pretreatment)
355 ft2
OK
The forebay surface area percentage is:
12.60%
Non-forebay portion of deep pool
242 ft2
OK
The non-forebay deep pool surface area percentage is:
8.59%
Total of wetland zone areas
2,817 ft2
OK
Add or subtract the following area from the zones
0,00 ft2
Topographic Zone Elevations
Temporary Pool
Shallow Land (top)
4.50 fmsl
l I Permanent Pool
I Shallow Water (top)
3.50 fmsl
Deep Pool (top)
3.00 fmsl
Most shallow point of deep pool's bottom
2.00 fmsl
Deepest point of deep pool's bottom
0.50 fmsl
Design must meet one of the following two options:
e
} This design meets Option #1,
Deep pool is 6—inches below SLWT, If yes:
y (Y or N )
SLWT (Seasonally Low Water Table)
3.00 fmsl
OK
This design meets Option #2,
Has a clay liner
If yes:
I Depth of topsoil above clay liner
� I
in
l '
i Topographic Zone Depths
i Temporary Pool
I I Shallow Land
12 in
OK
Permanent Pool
l Shallow Water
6 in
OK
Deep Pool (shallowest)
12 in
Insufficient deep pool depth.
Deep Pool (deepest)
30 in
OK
Planting Plan
Are cattails included in the planting plan?
n (Y or N)
OK
Number of Plants in planting plan recommended:
I Herbacious (4'inch diameter)
90
Shrubslsmall trees (1 gallon or larger)
60
Trees (1.5" dbh)
15
Number of Plants in planting plan provided (several species of
each plant type are recommended):
Herbacious Winch diameter)
Shrubs/small trees (1 gallon or larger)
' Trees (2.5" dbh)
i
I
I
Form SW401-Wetland-Rev.3
Parts I and II. Project Design Summary, Page 2 of 3

� I
Additional Information
I Can the design volume be contained?
iDoes volume in excess of the design volume flow evenly
distributed through a vegetated filter?
What is the length of the vegetated filter?
Does the design use a level spreader to evenly distribute flow?
Are calculations for supporting the design volume provided in the
application?
I Is BMP sized to handle all runoff from ultimate build -out?
Is the BMP located in a recorded drainage easement with a
recorded access easement to a public Right of Way (ROW)?
The length to width ratio is:
Approximate wetland length
E i Approximate wetland width
i
I i Approximate surface area using length and width provided
Will the wetland be stabilized within 14 days of construction?
y (YorN)
in (YorN)
ft
(Y or N)
y (Y or N)
y (Y or N)
y (Y or N)
53 :1
QU ft
210 ft
2,990 ft2
y (Y or N)
Permit Number
(to be provided by DWQ)
OK
Excess volume must pass through filter NOT SA.
OK
OK
OK
OK
This approx. surface area is within this number of square
feet of the entire wetland surface area reported above:
OK
Form SW401-Wetland-Rev.3
i
Parts I and II. Project Design Summary, Page 3 of 3

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD /
SECTION SWP DATE/TIME �/ /���
NAME e REPRESENTING
Guidelines for Access: The staff of the Regional Office is dedicated to making public records in
our custody readily available to the public for review and copying. We also have the responsibility
to the public to safeguard these records and to carry out our day-to-day program obligations.
Please read carefully the following before signing the form.
1: Due to the large public demand for file access, we request that you call at least a day in
advance to schedule an appointment.for file review so you can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45
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 charge four 25 or less copies.; cost per copy after the initial 25 is2.5 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
2.
3.
4.
Sign ature/Name'of Firm or Business
(Please attach business card to form if available)
# Copes: Amt. Pd-.
COUNTY
I I-, O b �2 , oa
Time In. Time Out

S
A,
oe
MCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue' Coleen H. Sullins
Governor Director
April 23, 2009
Randy Allen, President
RA North Development 1, Inc
3129 Spring Bank Lane, Suite 200
Charlotte, NC 28226
Natural Resources
Subject: NOTICE OF VIOLATION NOV-2dO9-PC-0382
RA North Development 1 Inc.
Summerhouse on Everett Bay
Construction Stormwater Permit — NCG010000 & NCR001632
Onslow County
Dear Mr. Roberts and Mr. Allen:
Dee Freeman
Secretary
On April 14, 2009 staff from the Wilmington Regional Office of the Division of Water Quality conducted a site inspection for the
tract/project known as Summerhouse on Everett Bay located off SR 1534 in Holly Ridge, North Carolina in response to a complaint
regarding sediment entering surface waters. The site visit and file review revealed that the subject project has an approved Erosion and
Sedimentation Control Plan and is covered by Stormwater General Permit NCG010000.
During the inspection sediment was observed leaving the site from the boat ramp area and entering King Creek.
Water sample analysis of the discharge for turbidity indicated that the discharge exceeded the water quality standards for
turbidity. Sediment was also observed entering wetland areas and stream crossings on site.
Our office would like to remind you that, upon approval of your Erosion and Sedimentation Control Plan, you were issued a
General Stormwater Permit (NCG010000) to discharge stormwater under the National Pollutant Discharge Elimination System
(NPDES) in accordance with Title 15A North Carolina Administrative Code 2H .0100. Adherence to the approved Erosion and
Sedimentation Control Plan is an enforceable component of the General Permit. Therefore, you are in violation with the Division of
Water Quality for failure to adhere to the approved Plan.
Accordingly, the following violations were noted during the Division of Water Quality inspection:
Item 1. General Stormwater Permit NCG010000 Condition Violations
Failing to Maintain the Erosion Control Measures (Part I, Section C: No. 2)
Sediment was observed leaving the site due to broken silt fencing and insufficient erosion control measures.
Approved Plan (Part I, Section A: No. 2.)
During the inspection, a copy of the approved Erosion and Sediment Control Plan was not observed on site.
Failing to Maintain a Rain Gauge Onsite (Part 1, Section B: No. 1)
A rain gauge was not observed on site at the time of DWQ inspection.
Failing to Record and Provide DWQ Rain Gauge Data (Part 1, Section B: No. 1)
Rain gauge data was not visible onsite during DWQ inspection.
Minimum Monitoring and Record Keeping (Part I, Section B: No. 3)
It appears that no written records are being kept. It also appears that visual inspections have
not been performed and corrective action has not been taken to control the discharge of sediment.
Item 2. Turbidity. Standards Violations 15A NCAC 02B .0211 (3)k
Sediment from the site was observed entering King Creek resulting in turbidity of 272 NTU
and exceeding water quality standards.
Item 3. Wetland_ Standards_ Title 15A North Carolina Administrative Code 2B .0231(b)(1)
Sediment was observed in wetland areas near road crossings. ^
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 One
111rone: 910-796-7215 / Pax: 910-350-2004 1 Internet 112o.cnr.Sta1C.naus NorthCarolina
An Equal Opportunity/Aflinnalive Action Employer— 50% Recycled/ 10% Post Consarner Paper Awwrally

�ummernouse on tvereu bay
Onslow County
Page 2
V
Required Response
This Office requests that you respond to this letter in writing within 30 days of receipt of this Notice. Your response in writing should
address the following items:
1. Describe your restoration plan and include how you plan to remove the fill material from the wetland areas and how you will
keep additional impacts from occurring to surface waters and the remaining wetlands on site. It is recommended that you use
hand labor (buckets, shovels and wheelbarrows) to remove deposited sediment from the wetlands.
2. Describe measures taken to satisfy the requirements of the NPDES General Permit as listed in item 1 above. If no measures
have been taken, please explain why and discuss how these requirements will be met in the future.
3. Finally, you should include in your response an explanation of how you propose to prevent these problems from reoccurring on
this project and on future projects.
This information must be mailed to the Regional Office at the letterhead address within 30 days of receipt of this letter and this office
requires that the violations, as detailed above, be immediately and properly resolved.
Thank you for your attention to this matter. please note, these violations and any future violations are subject to civil penalty
assessment of up to $25,000.00 per day for each violation. This Office is considering sending a recommendation for enforcement
to the Director of the Division of Water Quality regarding these issues and any continued violations that may be encountered. Your
response to this correspondence will be considered in this process. Should you have any questions regarding these matters, please
contact Jean Conway at 910-796-7215,
Sincerely,
Rick Shiver
Regional Supervisor
Surface Water Protection Section
cc: WiRO —Water Quality NCG01000 File
Dan Sams — DLR, Wilmington Regional Office
John Hennessy — NPS-ACO Unit Archdale Building

Compliance Inspection Report
Permit: SW8060509 Effective: 05/15/09 Expiration: 07/10/16 Owner: R A North Management I Inc
.Project: Summerhouse on Everett Bay
County: Onslow Sr 1534
Region: Wilmington
Holly Ridge NC 28445
Contact Person: Randy Allen Title: President Phone., 704-321-0401
Directions to Project:
From Hwy 17 in Holly Ridge, NC take SR 1538 to SR 1534, Project site is located 3.0 miles on SR 1534
Type of Project: State Stormwater - HD - Detention Pond State Stormwater - HD - Hybrid Other
State Stormwater - Low Density
Drain Areas: 1 - (King Creek Restricted Area (Spicer Bay)) (03-06-24)
SC;Sw,HQW)
2 - (King Creek Restricted Area (Spicer Bay)) (03-06-24)
SC;Sw,HOW)
3 - (King Creek Restricted Area (Spicer Bay)) (03-06-24)
SC;Sw,HOW)
4 - (King Creek Restricted Area (Spicer Bay)) (03-06-24) {
SC;Sw,HOW)
5 - (King Creek Restricted Area (Spicer Bay)) (03-06-24) {
SC;Sw,HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 06/03/2009 Entry Time: 09:45 AM
Primary Inspector: David W Cox
Secondary Inspector(s):
Reason for Inspection: Compiaint
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
® State Stormwater
(See attachment summary)
Exit Time: 10:45 AM
Phone: [phone]
Inspection Type: Stormwater
Page: 1

Permit: SW8060509 Owner - Project: R A North Management I Inc
Inspection Date: 06/03/2009 inspection Type: Stormwater Reason for Visit: Complaint
Inspection Summary:
In order to bring this State Stormwater Permit into compliance you must provide the following:
1.Request a modification to the original permit approved on ,July 10, 2006 that includes the additional unapproved BUA,
2.The modification request must also demonstrate how the runoff from the Kings Creek Water Access area will be
collected and treated.
Built Upon Area
Is the site BUA constructed as per the permit and approval plans?
Is the drainage area as per the permit and approved plans?
Is the BUA (as permitted) graded such that the runoff drains to the system?
Comment: 1. The areas labled on the plan as Spicer Manor and Kings Creek Water
Access are presently under construction prior to a modification request of the original
permit.
2. Runoff from the Kings Creek Water Access area is not being collected and directed to
any stormwater collection system.
Yes No NA NE
❑ ®❑ ❑
n®nn
Page: 2

Clayton, Sr, F E, Inc
Civil & Environmental Engineering
August 5, 2009
Mary Jean Naugle
NC DENR Express Permitting
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
RE: Stormwater Permit No. SW8 060509
Modification
Express Review Comments
Ms. Naugle,
In response to comments 1 thru 3 from your email dated 814109:
Comments 1 & 2: Attached is a revised Drawing Sheet D-6 that depicts a 1-ft clay liner
to the permanent pool area of the constructed wetlands.
Comment 3: Please find attached certification statements for the four (4) constructed
wet detention ponds.
if I can be of further assistance or if additional information is required, please advise.
Sincerely, /J
C. T us Cl on Jr., PE
attachments
cc: Carl Huddle (via email)
j1E C E I V ED
InS
u u AUG 0 6 2009
DWO
PRO,! #
d mau
PO Box 578 — 46 West Washington Street - Coats, North Carolina 27521
Phone: [phone] - Fax: [phone]
Offices located in Coats and New Bern, North Carolina
www.ctciayton.com

RE: Summerhouse
Subject: Rh: Summerhouse
From: "Richard Alsop Jr." <RAIsop @cbare ttearchitects.com>
Date: Thu, 6 Nov 2008 08:30:53 -0500
To: "Linda Lewis" <[e-mail]>
l..inda,
il� �,f4
sW $
".Thank you for your comments. I agree on all points, especially having the concrete froth the road curb to
the deck. We will look at some consistent number for this so that we are uniform throughout the
community.
We will stay in touch.
Regards,
J. Richard A1sop, Jr. ALk, NCARB
Partner
charette architects, pllc
800 West I -fill Street, Suite 200
Charlotte, NC 28208
704.358,8400 F:xt.16
Fax.[phone]
6 Please consider the environment before printing this email.
This transmission may contain information that is privileged, confidential, legally privileged, and/or exempt from disclosure under
applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of
the information contained herein (including any reliance thereon) is SL'RICI1_1 PROI-IIBIT1_,D. Although this transmission and
any attachments. are believed to be free of any vines or other defect that might affect any computer system into which it is
received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted
by Charette Architects, P1..I C for any loss or damage arising in any way from its use. if you received this transmission in error,
please immediately contact the sender and destroy the material in its entirety, whetlier in electronic or hard copy format. 'Thank
you.
-----Original Message -----
From: Linda Lewis[mailto:[e-mail]
Sent: Wednesday, November 05, 2008 4:35 PNI
To: Richard Alsop Jr.
Subject: Re: Summerhouse
Richard:
Let me make sure I understand what you're wanting to do. From the email
exchange you attached, it looks like the driveway is being excavated so
I oft 1 1/6/2008 8:44 AM

RIB: Summerhouse
that there's IW-16" of clearance between the wood decking and the
ground. it looks like it's on grade, because it is at the same elevation
as the surrounding ground, but in fact, the design allows water to drop
through the boards onto the ground underneath.
I agree that the concrete footers have to be counted as impervious; that
this should be placed only adjacent established turfed areas; and that a
minimum spacing of 1/4" between the top boards is needed, preferably more.
This appears to be OK, but, I suggest that something be added to
stabilize the uncompacted bare earth under the deck, such as landscape
rock, filter fabric or some other pervious stabilizing material. 'rake it
From personal experience, that water dripping through the spaces between
the boards can cause a lot of erosion, especially if the driveway is
sloping down to the street.
It might look better from a consistency standpoint, to have a short run
of concrete driveway from the road up to a certain point (perhaps the
ROW fine) and then start with the decking.
Linda
2 of2 11/6/2008 8.44 AM

Suininerhouse
Subject: Summerhouse
From: "Richard Alsop Jr." <[e-mail]>
Date: Wed, 5 Nov 2008 10:27:45 -0500
To: "Linda Lewis" <[e-mail]>
Good morning Linda,
I did not think that I would be back to you so soon.with a question, but we have soine pretty creative folks
out there in the design comtnuuuty and the ideas keep coming. Attached is one proposed solution to
keeping the deck elevated at the driveway and walkway. It appears to meet the criteria of remaining off the
earth so that water can be distributed. I would regtdre at least a quarter inch gap between the top boards
and would require the builder count as impervious area the continuous footing. f also would require that
this be placed only where it is adjacent to turf. Loose sandy soil could eventually fill in the cracks and
compromise any deck not adjacent to a grassed area.
Would this solution be acceptable in the same sense as a deck?
Regards,
J. Richard Alsop, jr. AIA, NCARB
Partner
charette architects, pllc
800 West Hill Street, Suite 200
Charlotte, NC 28208
704.358.8400 Ext.16
Pax.358.9220
U Please consider the environment before printing this email.
This transmission may contain information that is privileged, confidential, legally privileged, and/or exempt from
disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure,
copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY
PROHIBITED. Although this transmission and any attachments are believed to be free of any virus or other defect
that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to
ensure that it is virus.free and no responsibility is accepted by Charette Architects, PLLC for any loss or damage arising
in any way from its use. If you received this transmission in error, please immediately contact the sender and destroy
the material in its entirety, whether in electronic or hard copy format. Thank you.
From: Jim Cirello [maiito:[e-mail]]
Sent: Friday, October 31, 2008 10:17 AM
To: Richard Alsop Jr.
Subject: RE: Summerhouse
1-1i Richard,
Attached is a pdf of the decking concept. I ended up drafting it, but this is not a construction detail that has been
built from before. While we have called for the driveway on some plans, we've left construction methods up to
the homebuilders who have been building on spec and who ended up building the driveways themselves. This is
of 4 1 U5/2008 4:20 PM

Summerhouse
the method, though, that we understand has been most successful.
If the developer wants a more Finished looking edge, the box could end up having a 2x12 added to the outside,
which would then allow the decking to sit on the 2x10 and then have a picture frame around it and the ends of the
decking could be routed For a nice smoother edge.
Elope this helps. Let me know what you think.
Jim
From: Richard Alsop Jr. [mailto:[e-mail]]
Sent: Thursday, October 30, 2008 2:25 PM
To: Jim Cirello
Subject: RE: Summerhouse
I-lello Jinn,
Glad to hear that things are going well With your family.
Yes, I would like to see some details on a raised deck/drive. If we can get any level of approval on this it
will make a lot of difference.
Richard
J. Richard Alsop, Jr. AIA, NCARB
Partner
charette architects, pllc
800 West Hill Street, Suite 200
Charlotte, NC 28208
704.358.8400 Ext.16
Fax.[phone]
U Please consider the environment before printing this email.
This transmission may contain information that is privileged, confidential, legally privileged, and/or exempt from
disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure,
copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY
PROHIBITED. Although this transmission and any attachments are believed to be free of any virus or other defect
that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to
ensure that it is virus free and no responsibility is accepted by Charette Architects, PLLC for any loss or damage arising
in any way from its use. If you received this transmission in error, please immediately contact the sender and destroy
the material in its entirety, whether in electronic or hard copy format. Thank you.
From: Jim Cirello [mailto:[e-mail]]
Sent: Thursday, October 30, 2008 3:20 PM
To: Richard Alsop Jr.
Subject: RE: Summerhouse
Eli Richard,
I did review Linda's comments and didn't find anything there that would impact our design or the use of
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Summerhouse
wood boards for driveways. In all reality, the decking is not on grade, but is in fact at grade. The area
underneath the decking would be excavated to allow for the structl1ral installation of framing and
footings. As a result, actual grade beneath the decking would be 10"-16" below the surface of the
decking. If you'd like, I can sketch a quick detail to show you how I think it would best be constructed.
I've seen it done a few ways, but there is one method that I understand is exceptionally effective. I..et me
know if you'd like to see something and I can rough it out for you.
We're all doing well at home, thank you. The in-laws cell yesterday and my parents are Flying in
tomorrow for a long weekend. Come Monday, we can get on with it and see what it's really like with
just the 4 of us.
Thanks!
Jim
From: Richard Alsop Jr.[maiIto: [e-mail]]
Sent: Thursday, October 30, 2008 9:36 AM
To: Jim Cirello
Subject: Summerhouse
Good morning Jinl,
I noted that you were coded oil Linda Lewis's interpretations. This sends us back to the drawing
board for some of what we thought would be acceptable. I..et me know what you come up with on
your site plan.
Hope you and your family are doing well, and will enjoy the weekend with your new addition.
Regards,
f . Richard Alsop, Jr. AIA, NCARB
Partner
charette architects, pllc
800 West Hill Street, Suite 200
Charlotte, NC 28208
704.358.8400 Ext.16
Fax.[phone]
li Please consider the environment before printing this email.
This transmission may contain information that is privileged, confidential, legally privileged, and/or exempt
from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any
disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is
STRICTLY PROHIBITED. Although this transmission and any attachments are believed to be free of any
virus or other defect that might affect any computer system into which it is received and opened, it is the
responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Charette
Architects, PLLC for any loss or damage arising in any way from its use. If you received this transmission in
error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or
hard copy format. Thank you.
3 of 4 1 1 /5/2008 4:20 PM

Summerhouse
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1 1/5/2008 4:20 PM

SECTION VIEW
SCALE: 3/8' = 1'-W
i 2-0' 5'-0' 2'-0' 1
12'-T
PLAN VIEW
SCALE: 318' = 114'
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