SW8130703_CURRENT PERMIT_20200819

F
STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8
DOC TYPE
A CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
August 19, 2020
NORTH CAROLINA
Environmental Quality
Nautical Reach Homeowner's Association, Inc.
Attn: Bryan Ayers, President
426 Derrick Drive
Sneads Ferry, NC 28460
Subject: Permit Correction / Permit Transfer under N.C.G.S. 143-214.7(c2)
State Stormwater Management Permit No. SW8 130703
Nautical Reach
Onslow County
Dear Mr. Ayers:
Permit Correction
The Wilmington Regional Office previously issued the subject project a permit on August 2, 2013 and recently
discovered it contained an error. The enclosed corrected permit clarifies and includes the requirements of a
subdivision project, as previously agreed to and proactively followed by the original permittee, Carolina Planation
Development Corporation.
Permit Transfer
On July 29, 2020, the Wilmington Regional Office received a complete request from Carolina Plantation
Development Company to transfer the permit to a unit owners association, owners association, or other
management entity identified in the condominium or planned community's declaration pursuant to 15A NCAC
02H.1045(l)(b) and N.C.G.S. 143-214.7(c2). A file review and site inspection was performed on August 8, 2020
by DEN LR staff and, as noted in the enclosed inspection report, the site is currently in compliance with the terms
and conditions of the current state stormwater permit. The current permittee has attested that the requirements of
N.C.G.S. 143-214.7(c2) have been met, including:
l . The "declarant" of the covenants meets the definition of a declarant as set forth in Chapter 47F, the
Planned Community Act.
2. The permittee has submitted a completed and signed Permit Transfer Application Form;
3. The permittee has submitted a copy of the recorded deed conveying any common areas to the
Association;
4. A determination by the Division that the project is in compliance with the permit as documented by the
enclosed compliant inspection report. Documents provided by the permittee that the Division used to
make the determination of compliance include:
a. A copy of the designer's certification for any permitted SCMs;
b. A copy of the recorded deed restrictions and covenants that includes: the project's state
stormwater permit number, permitted stormwater restrictions and requirements, and BUA
allocations for each lot;
c. Verification that the permitted maximum built -upon area per lot has not been exceeded;
d. A copy of the recorded subdivision plat documenting the number of lots and the locations of all
required drainage and maintenance access easements as depicted on the approved plans;
e. Verification that more than 50% of the lots have been conveyed to individuals (not builders).
The Division is hereby notifying you that the requirements of N.C.G.S. 143-214.7(c2) have been met and that the
subject permit has been transferred on August 19, 2020 and to remind you that this permit shall be effective until
August 2, 2021: For your records, please find enclosed a copy of the updated permit, a copy of the inspection
report, and a copy of the Permit Transfer Request Form. Please keep this cover letter and updated permit on file
at all times. Please note that this transferred, updated, and re -issued permit does not impose new or different
terms; it merely restates and clarifies some of the previous terms to provide you with a better understanding of
your obligations under the permit.
North Carolina Department of Environmental Quality 1 Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1 27 Cardinal Drive Extension I Wilmington. North Carolina 28405
•fir. raaa,n�
910.796.7215

State Stormwater Permit No. SW8 130703
Page 2 of 2
The project is subject to the conditions and limitations as specified in the updated and transferred permit. Failure
to comply with these requirements will result in future compliance problems. Please note that this permit is not
transferable except after notice to and approval by the Division.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The
written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the
OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding
the Fling fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center,
Raleigh, NC 27699-6714, or via telephone at 919-43 I-3000, or visit their website at www.NCOAH.com. Unless
such demands are made this permit shall be final and binding.
If you have any questions, need additional copies of the permit or approved plans, please contact Christine Hall in
the Wilmington Regional Office, at [phone] or [e-mail].
Sincerely,
� ,Brian Wrenn, Director
f
Division of Energy, Mineral and Land Resources
Enclosures: copy of the Permit `i'ransfer Application Form
copy of the certifications
copy of the latest inspection report
copy of the latest application documents
DES/canh: %StormwaterTermits & Projects120131130703 HD12020 08 permit permit correction 130703
cc: Carolina Plantation; Attn: Anthony Sydes; Original permittee
Premier Management Company; Attn: Rob Dunham; PO Box 12051, Wilmington, NC 28405
Richard Muni; Parker & Associates, Inc.
Wilmington Regional Office Stormwater File

State Stormwater Management Systems
Permit No. SW8 130703
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY COMMERCIAL DEVELOPMENT SA WATERS
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Nautical Reach Homeowner's Association, Inc.
Nautical Reach
Old Folkstone Road, Sneads Ferry, Onslow County
FOR THE
construction, operation and maintenance of one (1) wet detention pond discharging to Class SA
waters in compliance with the provisions of 15A NCAC 2H .1000 and Session Law 2008-211 (the
"stormwater rules'), the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Energy, Mineral, and
Land Resources (the "Division" or "DEMLR") and considered an enforceable part of this permit.
This permit shall be effective from the date of issuance until August 2, 2021, and shall be subject to
the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data.
2. The subdivision is permitted for 144 lots, each allowed a maximum of 4,800 square feet of
built -upon area.
3. This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.9 of this permit. The stormwater control has been designed to handle
the runoff from 936,779 sf of impervious area.
4. The drainage area will be limited to the amount of built -upon area indicated in Sections 1.3 and
1.9 of this permit, and per approved plans. The built -upon area for the future development is
limited to 30,414 square feet.
5. A 50' wide vegetative buffer must be provided adjacent to surface waters, measured
horizontally from and perpendicular to the normal pool of impounded structures, the top of
bank of both sides of streams and rivers and the mean high water line of tidal waters.
6. The overflow from the wet pond must flow overland through a level spreader and 50-foot
vegetated filter strip designed to pass the peak flow from the 10 year storm in a diffuse, non -
erosive manner.
7. All runoff being directed into wetlands shall flow into and through those wetlands at a non -
erosive velocity.
Page 1 of 6

State Stormwater Management Systems
Permit No. SW8 130703
R
N
The runoff from all built -upon area within the permitted drainage area of this project must be
directed into the permitted stormwater control system.
The following design criteria have been provided in the wet detention pond and must be
maintained at design condition:
a. Drainage Area, acres:
Onsite, ftz:
Offsite, ftz:
b. Total Impervious Surfaces, ftz:
Onsite, ftz:
Offsite, ft2:
c. Design Storm, inches:
d. Average Pond Design Depth, feet:
e. TSS removal efficiency:
f. Permanent Pool Elevation, FMSL:
g. Permanent Pool Surface Area, ftz:
h. Permitted Storage Volume, ftl:
i. Temporary Storage Elevation, FMSL:
j. Pre-dev. 1 yr-24 Fir. discharge rate, cfs:
k. Controlling Orifice:
I. Orifice flowrate, cfs:
m. Permitted Forebay Volume, ftl:
n. Fountain Horsepower
o. Receiving Stream/River Basin:
P. Stream Index Number:
q. Classification of Water Body:
59.36
2,585,722
NIA
936,779
936,779
NIA
3.7
5
90%
7.25
50,030
26,331
11.6
5.67
5"0 pipe
0.8
56,621
112
UT to Mill Creek 1 White Oak
19-39-3-1
"SA; HQW"
10. A secondary BMP in series with the wet pond must be provided to treat the design storm
discharged from the pond. The secondary BMP is a 16' level spreader with a 16' x 50'
vegetated filter strip, and must be maintained at design condition.
II. SCHEDULE OF COMPLIANCE
No person or entity, including the permittee, shall alter any component of the approved
stormwater system shown on the approved plans unless and until the Division has approved of
the revised plan.
2. The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
3. During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately. If the stormwater system is used as an Erosion Control device, it
must be restored to design condition prior to operation as a stormwater treatment device, and
prior to occupancy of the facility.
4. The following deed restrictions and protective covenants related to stormwater management
have been recorded in Book 4180 on Page 674, as subsequently amended or supplemented
with the Onslow County Register of Deeds, are incorporated by reference, and must be
maintained in perpetuity:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 130703, as issued by the Division of
Energy, Mineral and Land Resources under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the Division.
e. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division.
Page 2 of 6

State Stormwater Management Systems
Permit No. SW8 130703
f. The maximum built -upon area per lot is 4,800 square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and that
portion of the right-of-way between the front lot line and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick,
stone, slate, coquina and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
g. For those lots within CAMA's Area of Environmental Concern, where DCM calculates a
different maximum lot built -upon area, the governing lot BUA shall be the more
restrictive of the two numbers.
h. All runoff from the built -upon areas on the lot must drain into the permitted system. This
may be accomplished through providing roof drain gutters, which drain to the pond or
street, grading the lot to drain toward the street or directly into the pond, or grading
perimeter swales and directing them into the pond or street.
i. Built -upon area in excess of the permitted amount will require a permit modification.
j. All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface waters,
measured horizontally from and perpendicular to the normal pool of impounded
structures, the top of bank of each side of streams and rivers and the mean high water
line of tidal waters.
k. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the Stormwater Rules is subject
to enforcement procedures as set forth in G.S. 143, Article 21.
A copy of the recorded deed restrictions must be submitted to the Division within 30 days of
the date of recording the plat, and prior to selling lots. The recorded copy must contain all of
the statements above, the signature of the Permittee, the deed book number and page, and
the stamp/signature of the Register of Deeds.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, the permittee shall cause a certification from an appropriate
designer for the system installed to be submitted, certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting documentation. Any deviations from the approved plans and specifications must
be noted on the Certification. A modification may be required for those deviations.
7. The permittee shall review all lot plans for new construction and any subsequent modifications
and additions, for compliance with the conditions of this permit. The permittee shall not
approve any lot plans where the maximum allowed built -upon area has been exceeded, or
where revisions to the grading or to the storm drainage system are proposed unless and until
a permit modification has been approved by the Division.
8. The permittee is responsible for the routine monitoring of the project for compliance with the
built -upon area limits, grading, and the storm drainage system established by this permit, the
permit documents, the approved plans, and the recorded deed restrictions. The permittee shall
notify any lot owner that is found to be in noncompliance with the conditions of this permit in
writing, and shall require timely resolution.
9. If the permanent pool volume is greater than 30,000 cubic feet, a decorative spray fountain will
be allowed in the stormwater treatment system, subject to the following criteria..
a. The fountain must draw its water from less than 2' below the permanent pool surface.
b. Separated units, where the nozzle, pump and intake are connected by tubing, may be
used only if they draw water from the surface in the deepest part of the pond.
c. The falling water from the fountain must be centered in the pond, away from the
shoreline.
d. The maximum horsepower for a fountain in this pond is 112 horsepower.
Page 3 of 6

State Stormwater Management Systems
Permit No, SW8 130703
10. The permittee shall at all times provide the operation and maintenance necessary to assure
the permitted stormwater system functions at the design condition. The approved Operation
and Maintenance Plan must be followed in its entirety and maintenance must occur at the
scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re -vegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch
basins and piping.
g. Access to the outlet structure must be available at all times.
11. Records of maintenance activities must be kept and made available upon request to
authorized personnel of the Division. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
12. The facilities shall be constructed, operated and maintained in accordance with the conditions
of this permit, the approved plans and specifications, and other supporting data attached to
this permit and on file with the Division.
13. No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications. Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below. For changes to
the project or SCM that impact the certifications, a new or updated certification(s), as
applicable, will be required and a copy must be submitted to the appropriate DEQ regional
office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including
the SCM(s), BUA, details, etc.
b_ Redesign or addition to the approved amount of BUA or to the drainage area-
C. Further development, subdivision, acquisition, lease or sale of any, all or part of the
project and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f_ Adding the option to use permeable pavement or #57 stone within the lots as a
permeable surface. The request may require a proposed amendment to the deed
restrictions and protective covenants for the subdivision to be submitted and recorded.
g, The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications.
h. Other modifications as determined by the Director.
14. All stormwater collection and treatment systems must be located in either public rights -of -way,
dedicated common areas or recorded easements. The final plats for the project will be
recorded showing all such rights -of -way, common areas and easements, in accordance with
the approved plans. Access to the stormwater facilities for inspection and maintenance shall
be maintained via appropriate recorded easements at all times.
15. A copy of the approved plans and specifications shall be maintained on file by the Permittee at
all times.
16. Prior to transfer of the permit, the stormwater facilities will be inspected by Division personnel.
The project and the stormwater facility must be in substantial compliance with all permit
conditions. Any items not in substantial compliance must be repaired, replaced or restored to
design condition prior to the transfer. Records of maintenance activities performed to date will
be required.
Page 4 of 6

State Stormwater Management Systems
Permit No. SW8 130703
17. The Director may notify the permittee when the permitted site does not meet one or more of
the minimum requirements of the permit. Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director for modifying the site to meet
minimum requirements. The permittee shall provide copies of revised plans and certification in
writing to the Director that the changes have been made.
III. GENERAL CONDITIONS
Any individual or entity found to be in noncompliance with the provisions of a stormwater
management permit or the Stormwater rules is subject to enforcement procedures as set forth
in NCGS 143 Article 21.
Current Permittee Name or Address Changes: The permittee shall submit a completed
"Permit information Update Application Form" (available on the Division website) to the
Division within 30 days to making any one or more of the following changes:
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the permittee;
3. Permit Transfer: This permit is not transferable to any person or entity except after notice to
and approval by the Director. The permittee shall submit a completed and signed "Permit
Transfer Application Form" (available on the Division website) accompanied by the required
fee and supporting documentation as listed on the form, to the Division at least 60 days prior
to any one or more of the following events:
a. The sale or conveyance of the project area in whole or in part, except in the case of an
individual lot sale that is made subject to the recorded deed restrictions and protective
covenants;
b. The assignment or conveyance of declarant rights to another individual or entity;
c. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of NCGS 143-214.7(c2);
d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or
NCGS 57D-6-07 and 08;
e. Bankruptcy;
f. Foreclosure, subject to the requirements of Session Law 2013-121;
4. The permittee is responsible for compliance with all permit conditions until such time as the
Division approves the transfer request. Neither the sale of the project, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the
stormwater permit.
5. The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances, which may be imposed by other government
agencies (local, state, and federal) having jurisdiction.
6. In the event that the facilities fail to perform satisfactorily the Permittee shall take immediate
corrective action, including those as may be required by this Division, such as the construction
of additional or replacement stormwater management systems. Additional or replacement
stormwater management systems shall receive a permit from the Division prior to construction.
7. The permittee grants Division Staff permission to enter the property during normal business
hours for the purpose of inspecting all components of the permitted stormwater management
facility.
8. The permit issued shall continue in force and effect until the permittee files a request with the
Division for a permit modification, transfer, renewal, or rescission; however, these actions do
not stay any permit conditions.
9. Unless specified elsewhere, permanent seeding requirements for the stormwater control must
follow the guidelines established in the North Carolina Erosion and Sediment Control Planning
and Design Manual.
10_ Approved plans, specifications, application forms, and design calculations for this project are
incorporated by reference and are enforceable parts of the permit.
Page 5 of 6

State Stormwater Management Systems
Permit No. SW8 130703
11. A permit renewal request must be submitted at least 180 days prior to the expiration date of
this permit. The renewal request must include the appropriate application, documentation and
the processing fee as outlined in Title 15A NCAC 02H.1045(3).
Permit corrected, transferred, updated and reissued this the 19t' day of August 2020.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Brian Wren , Dre-ct r
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 6 of 6

UtMLK UUL ONLY
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Fee Paid `�
Permit Number
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NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT TRANSFER APPLICATION FORM
Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within
Only complete applications packages will be accepted and reviewed. This form and the required items (with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project an the interactive online map at: htto:/Idea.nc.gov/contact/regionat offices.
After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the
current permittee and/or the proposed permittee. Per the state storm water rules and the state stormwater permit
conditions, the permit shall not be transferred until.
1. the current permittee resolves all non-compliance issues identified in the inspection report;
2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both
entities. The negotiated resolution must identify the necessary actions, the responsible party(!es), and the
timelines to correct the deficiencies. The site must either be found in compliance or a copy of the
negotiated resolution must be submitted prior to the transfer of the permit.); or
3. in the case where a transfer falls under G. S. 143-214.7(c2) (see also SL 2011-256), the proposed
permittee resolves all non-compliance issues upon acquiring the permit.
Signature requirements for the named signing official (for current and proposed permittee) must meet the following:
• Corporation - a principal executive officer of at least the level of vice-president;
• Limited Liability Company (LLC) - the designated manager; (Documentation from the NC Secretary of
State or other official documentation must be provided that states the titles and positions held by the
person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for
the LLC)
• Municipality - a ranking official or duly authorized employee;
• Partnership or limited partnership - the general partner,
• Sole proprietor;
• The signature of the consultant of other agent shall be accepted on this permit transfer application only if
accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as
applicable.
A. GENERAL INFORMATION
1. State Stormwater Permit Number: SWB - 130703
2. Project name: UAUIICAI- BEACH
Is this an updated project name from the current permit? ❑ Yes [x No
3. Reason for the permit transfer request:
TRANSFER TO HOA
FEB 0 4 2019 J
BY:
Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018
MM

B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below)
❑ 1. Both the current and proposed permittees
® 2. Only the current permittee of a condominium or planned community (skip Part F & G).
in accordance with G. S. 143-214. 7(c2) (see also SL 2011-256), this type of transfer is allowed only
when all of the following items can be truthfully checked:
® Any common areas related to the operation and maintenance of the stormwater management
system have been conveyed to the unit owners' association or owners' association in
accordance with the declaration;
® The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than
a declarant (provide documentation per submittal requirements below);
® The stormwater management system is in compliance with the stormwater permit.
MOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that
the elements of the Planned Community Act (see §47F) have been met by the Declarant for the
subdivision. If the Declarant chooses to use this type of transfer, the determination must be in
writing, signed by the attorney, and submitted to DEMLR with this form.
❑ 3. Only the proposed permittee (skip PartD below).
In accordance with G. S. 143-214.7fc5) (see also SL 2013-121), this type of transfer is allowed only
when all of the following items can be truthfully checked:
❑ a. The proposed permittee is either (select one of the following):
❑ The successor -owner who holds title to the property on which the permitted activity is
occurring or will occur;
❑ The successor -owner who is the sole claimant of the right to engage in the permitted
activity.
❑ b. The current permittee is (select at least one of the following, but all that apply):
❑ A natural person who is deceased.
❑ A partnership, Limited Liability Corporation, corporation, or any other business
association that has been dissolved
❑ A person who has been lawfully and finally divested of title to the property on which the
permitted activity is occurring or will occur.
❑ A person who has sold the property on which the permitted activity is occurring or will
occur.
❑ Other (please explain):
❑ c. The proposed permittee agrees to the following requirements (all must be selected):
❑ There will be no substantial change in the permitted activity.
❑ The permit holder shall comply with all terms and conditions of the permit until such
time as the permit is transferred.
❑ The successor -owner shall comply with all terms and conditions of the permit once the
permit has been transferred.
" p '1
FEB n 4 26113
BY: —
Stormwater Permit Transfer Application Form rage 2 of 7 April 27, 2018

C. SUBMITTAL REQUIREMENTS
Please mark "Y" to confirm the items are included with this form. Please mark "X" if previously provided. If not
applicable or not available, please mark NIA.;
1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.313(e)(2).
2. Two hard copies (with original signatures) and one electronic copy of this completed form and the
required items.
Y 3, For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of
State demonstrating that the proposed permittee is a legal and viable entity able to conduct
business In North Carolina.
4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized
applicable O&M agreement(s) from the proposed permittee, as required by the permit.
Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a
recorded deed for the property, uncompleted development and/or common areas) or legal
documentation demonstrating that the proposed permittee is the sole claimant of the right to
engage in the permitted activity.
6. If required by the permit and if the project has been built, a signed, sealed and dated certification
document from a licensed professional stating that the stormwater management system has been
inspected and that it has been built and maintained In accordance with the approved plans.
Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has
been built, documentation that the maximum allowed per lot bui(t-upon area or the maximum
allowed total built -upon area has not been exceeded. If the project has not been built, the new
owner shall provide a signed agreement to submit final recorded deed restrictions and protective
covenants.
Y 8. If transferring under G:S. 143-214.710) (i.e., Part B, Item 2 of this form is selected),
documentation verifying that 50% or more of the lots have been conveyed to individuals (not
builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address,
owner's name, conveyance date and deed book and page number are acceptable.
9. If transferring under G.S. 143-214, NQ (i.e., Part B, Item 3 of this form is selected), provide legal
documentation supporting the dissolution of the corporation or documentation supporting the
current permittee was lawfully and finally divested of title of the property.
10. A copy of the lease agreement if the proposed permlttee is the lessee.
11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
12, A copy of the development agreement if the proposed permittee is the developer.
i
FEB 0 4 209
BY:
Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2a18

m

D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email.
1. Current Permit Holders Company Name/Organization: Carolina Plantation Development Corporation
2. Signing Official's Name: Anthony W. Sydes
3. Signing Officlal's Title: President
4. Mailing Address: PO Box 7122
City: Jacksonville State: NC Zip: 28540
5. Street Address: 100 Carolina Plantations Boulevard
City: Jacksonville State: NC Zip: 28540
6. Phone: 010j 455-6956 Email; [e-mail]
I ANTHONY W. SYDES , the current permittee, am submitting this application for a
transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified
on Page 1 of this application. I hereby notify DEML.R of the sale or other legal transfer of the property/project
and/or the stormwater system associated with this permit. I have provided a copy of the following documents to
the proposed permittee named In this application form: (select all that apply)
® the most recent permit;
® the designer's certification for each SCM;
© any recorded deed restrictions, covenants, common areas, drainage easements or plats;
❑ the approved plans and/or approved as -built plans;
❑ the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee (where required);
❑ a copy of the most recent inspection report;
I further attest that this application and request for a permit transfer is accurate and complete to the best of my
knowledge. I attest that I have provided all of the required Items per the law to transfer this permit. f understand
that if all required parts of this request are not completed or If all required supporting information and attachments
listed above are not included, this request package will be returned as incomplete I assign all rights and
obligations as perm a to the proposed permittee named below. I understand that this request to transfer the
permit may not Waoroved by the D4Ml.R uniespAd until the facility is in compiiance with the permit.
that
this
ANTHONY W. SYDES
(Agpar Seay;
A '°�1BLIG
•,..jotary Signs
Date: / ` 2,,3 / 1,,
'ubfic for the State of
do hereby certify
personally appeared before me
clay of JANUARY .20 19 and acknowledge the due
Instrument. Witness my hand and official seal,
ECG
14k)
FEB 0 4 20110 E
BY:
Stormwater Permft Transfer Application Form Page 4 of 7 April 27, 2018

E. PROPOSED PERMITTEE INFORMATION
The proposed permittee is the:
❑ Property owner (Also complete Part F.)
® Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association
(UOA) (Also complete Part F.)
❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on
the permit as oo-permittees. If the lease Is tennlnated, responsibillty for the permit reverts to the property
owner. (Also complete Parts F & G.)
❑ Purchaser - Attach a copy of the pending sales agreement. The permit will require submission of a copy
of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the
permit reverts to the property owner. (Also complete Parts F & G.)
❑ Developer - Attach a copy of the development agreement Both the developer and the property owner
will appear on the permit as co-permittees. If the development agreement Is terminated, responsibility for
the permit reverts to the property owner. (Also complete Parts F & G.)
2. Proposed permitter name (check one of the following and provide the name):
❑ Corporation, LLC, Partnership, Municipality name:
® HOA / POA I UOA name: dAU_ , TICAL, REACH HOMEQWN,FR'S AS$OIATION. INC.
❑ Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email.
a. Signing Officials Name: BRYAN AYERS
b. Signing Official's Title: PRESIDENT
G. Mailing Address: 426 DERRICK DRIVE
City: SNEADS FERRY State: _ZIP : 28460
d. Street Address: 426 DERRICK DRIVE
City: SNEADS FERRY_ _ State: —NC ZIP : 28460
e. Phone: (—) Email:
4. If there Is a Management Entity that manages the property for an HOA, POA or UOA, please provide:
Please be sure to provide Email.
a. Management Company or Business name: _PREMEIR_MANAGEMENT COMPANY
b. Contact Name: ROB DUNHAM Title: AS,OCIATiON.. MANAGER
c. Mailing Address: PO BOX 12051
d. City; WILMINGTON State: NC ZIP; 28405
e. Phone: -kW 679-3012 EXT 716 Email: [e-mail]
FEB
BY:
Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018

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F. PROPOSED PERMITTEE CERTIFICATION
1, , hereby notify the DEMLR that I have acquired through safe, lease,
development agreement, or other legal transfer, the project/property covered by the stormwater management
permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater
management system. I acknowledge and attest that I have received a copy of: (select all that apply):
❑ the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats;
❑ the approved plans and/or approved as -built plans;
❑ the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee (where required);
❑ a copy of the most recent inspection report;
❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance
issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a
written document statement, with a 'plan of action and schedule" addressed to this office stating that they will
bring the project into compliance upon receipt of the transferred permit. This written "plan of action and
schedule" must be received by the Division before the Division will transfer the permit.
I have reviewed the permit, approved plans and otherdocuments listed above, and I acknowledge that I will
comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the
approved plans; and I will (construct), operate and maintain the approved stormwater management system
pursuant to the requirements listed in the permit and in the operation and maintenance agreement.
Signature: Date:
I, a Notary Public for the State of ,
County of do hereby certify that
personally appeared before me this the day of 20 , and
acknowledge the due execution of the forgoing instrument. Witness my hand and official seal,
Notary Signature
My commission expires
Er. tea,
FEB 0 4 2019 1
BY:_
Stormwater Permit Transfer Apptication Form Page 6 of 7 April 27, 2018

G. PROPERTY OWNER INFORMATION AND CERTIFICATION
Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to
the property owner if the purchase agreement, development agreement or lease expires or is terminated.
Company Name/Organization:
Signing Official's Printed Name;
Signing Official's Title:
Mailing Address:
City:
Phone: (_) Email:
State: ZIP :
1, 'hereby certify that I currently own the property identified in
this permit transfer document and acknowledge that the Proposed Permittee listed in Part F wili be purchasing the
property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase
agreement, development agreement or the lease agreement, which names the party responsible for the
construction and/or operation and maintenance of the stormwater system, has been provided with the permit
transfer request.
I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements
and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer
Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree
by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR
Stormwater permit if the property purchase, lease or developer agreementicontract is cancelled or defaults. I
understand that any individual or entity found to be in noncompliance with the provisions of the stormwater
management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute
(NCGS) 143, Article 21.
Signature of the property owner
Date:
I, a Notary Public for the State of
County of , do hereby certify that
my hand and official seal,
(Notary Seal)
Notary Signature
My commission expires
personally appeared before me this the day of
20 , and acknowledge the due execution of the forgoing instrument. Witness
C' LEE 19
FEB 0 4 26,119 li
BY:
Stormwater Permit Transfer Application form Page 7 of 7 April 27, 2018

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State Stormw--ter Management Systems
Permit No. SW8 130703
Nautical Reach
Stormwater Permit No. SW8 130703
Onslow County
Designer's Certification
1, �aSa✓\ as a duly registered VD;e.55io►\o.(- fh ,'IlTr in the
State of North Carolina, having been authorized to observe a iodica weekly/ full
time) the construction of the project,
(Project)
for A Sydf 5 Cogs %� , moo. _(Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specifications-.
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Signature 34978dZ1
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Registration Numb 3 V ?7 � �ot
Date 9%a l/ f ��1/1lA 11 %%0 \
Page 6 of 7

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State Stormw-ter Management Systems
)Permit No. SW8 130703
Certification Requirements:
✓ 1. The drainage area to the system contains approximately the permitted
acreage.
✓2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
V'_ 3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
v" 4. All roof drains are located such that the runoff is directed into the system.
✓ 5. The outlet structure elevations are per the approved plan.
�. The outlet structure is located per the approved plans.
,✓ 7. Trash rack is provided on the outlet structure.
_�8. All slopes above permanent pool are grassed with permanent vegetation.
_ Z9. Vegetated slopes above permanent pool are no steeper than 3:1.
✓ 10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
,✓11. The permitted amounts of surface area and/or volume have been
provided.
Z12. Required drawdown devices are correctly sized and located per the
approved plans.
✓13. All required design depths are provided.
✓14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, a vegetated filter, level spreader and a secondary BMP.
15. The required system dimensions are provided per the approved plans.
v,f16. All components of the stormwater BMP are located in either recorded
common areas, or recorded easements.
cc: NCDENR-DWQ Regional Office
Onslow County Building Inspections
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Page 7 of 7

PARKER & ASSOCIATES, INC.
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street • P.O. Box 976
Jacksonville, NC 28541-0976
[phone] • Fax: [phone]
www.parkerenginceringandsurveying.com
Firm License Number F-0108
Ms. Georgette Scott
Stormwater Supervisor
NCDENR — Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
E�
Dear Ms. Scott:
September 2, 2014
SCE@VE
SEP 0 3 2014
BY. -
Certification of Construction
Stormwater System
Nautical Reach
Permit No. SW8-130703
Onslow County, NC
We are providing herein the required Stormwater System Construction Certification for the
above referenced project as shown below.
1, Jason A. Houston, A duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe the construction of the Stormwater System to serve Nautical
Reach, Permit No. SW8-130703, in Onsl_o_w County, NC hereby state that to the best of my
abilities, due care and diligence was used in the observation of the project construction such that the
construction was observed to have been built within substantial compliance and intent of approved
plans and specifications. V
If you have any questions or need any additional information, please contact me.
`C01R /z
• • , .(/Srpcerely,
,a SEAL 9 A _ ASS I C.
348TB _
A. Ho n, PE 9��Y
'k A.
xc: Mr. Anthony Sydes-A. Sydes Constructt6461(0nly)
CF (P), LAM �C�,`VE�
JAH/jus
C2.AMP. Scott. NauticalReach,Storrnwater$ub.W02,14 f
SEP P ? 9%
EMAIL ADDRESS: "TEXT MESSAGES TO: p.d1Lx1_0_bizec.rr.com MAPS and PLANS TO: • 'draft bizee.rr.com
+ FNVIRONIIIENTAL ENGINEERING ; STORMIVA'I'ER, WATER AND wASTEWA YER�TSTF M,-I — =_=::7
* FFASIBILITY AND DF,VF,LOPMENT CONSULTING t GLOBAL POSITIONING SURVEYS SUBDIVISION AND CONSTRUCTION PLANS

Compliance Inspection Report
Permit: SW8130703 Effective:08/02113 Expiration: 08/02/21
Project: Nautical Reach
Owner: A Sydes Construction Inc
County: Onslow
Region: Wlmington
Adress: Old Folkstone Rd
City/State/Zip: Sneads Ferry NC 28460
Contact Person: Anthony W Sydes Title: President Phone: [phone]
Directions to Project: -
From int. of NC210 and NC172, take NC210 south 1.6 miles, turn left to Old Folkston Rd site is 0.9 miles on right.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1
On -Site Representative(s):
Related Permits:
Inspection Date: 08106/2020 Entry Time 10:OOAM
Primary Inspector: Connor Musial
Secondary Inspector(s):
Christine A Hall
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: Compliant ❑ Not Compliant
Question Areas:
0 State Stormwater
(See attachment summary)
Exit Time: 10:1 DAM
Phone:
Inspection Type: Transfer Renewal
page 1

Permit: SW8130703 Owner - Project: A Sydes Construction Inc
Inspection Date: 08/06/2020 Inspection Type Transfer Renewal Reason far Visit: Follow-up
Inspection Summary:
The site has been certified by Jason Houston, PE and Richard Muni, PLS to be installed in accordance with the
approved plans.
File Review Yes No NA NE
Is the permit active? 0 ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? 0 ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? 0 ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? 0 ❑ ❑ ❑
Comment:
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? N ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? 0 ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? 0 ❑ ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ■ ❑ ❑ ❑
Are the inlets located per the approved plans? 0 ❑ ❑ ❑
Are the outlet structures located per the approved plans? E ❑ ❑ ❑
Comment: The outlet structure has been fixed and water is no lonqer bypassing the approved outlet
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ® ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment:
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? [Don
Comment:
page 2

DWQ USE ONLY
Date i 'cci ed
Fee Paid
Permit Number
Applicable Ru es: ❑ Coastal SW —1 5 ❑ Coastal SW — 700 ❑ Ph II - Post Construction
(_selectall that apply)❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan
❑ Other WQ M rnt Plan:
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I, GENERAL INFORMATION
1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Nautical Reach
2. Location of Project (street address):
Old Folkstone road
City:Sneads Fermi Cotmty:Onslow Zip:28460
3. Directions to project (from nearest major intersection):
From the intersection of NC 210 and NC 172 take NC 21.0 South 1.6 miles turn left to Old Folkstone Rd
Project is 0.9 miles on right.
4. Latittide:34° 31' 32" N
11. PERMIT INFORMATION:
Longittide:77° 25' 9" W
of the main entrance to the project.
1.a.Specify whether project is (check one): ®New ❑Modification
b.If this application is being submitted as the result of a modification to an existing permit, list the existing
permit ntimber its issue date (if known) , and the status of
construction: ❑Not Started ❑Partially Completed* ❑ Completed* *providea designer's
certification
2. Specify the type of project (check one):
❑Low Density ®High Density ❑Drains to an Offsitc Stormwater System ❑Other
3. If this application is being stbmitted as the result of a previously returned application or a letter from DWQ
requesting a state stormwater management permit application, list the stormwater project number, if
assigned, and the previous name of the project, if different than currently
proposed,
4.a.Additionai Project Requirements (check applicable blanks; information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
❑CAMA Major ®Sedimentation/Erosion Control: ac of Disttirbed Area
❑NPDES Industrial Stormwater Z404/401 Permit: Proposed Impacts 0.09 AC (temporary) _
b.If any of these permits have already been acquired please provide the Project Name, Project/Permit
Number, issue date and the type of each permit:
E. 0VElf,
Jul 0 8 2013
Form SWU-101 Version 07.1un2010 Page l of
EY:_

M CONTACT INFORMATION
1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who owns the project):
Applicant/Organization:A. Sydcs Construction, Inc.
Signing Official & Title:Anthony W. Sydes, President
b.Contact information for person listed in item la above:
Street Address:4355 Gum Branch Road; Unit B
City:jacksonville State:NC Zip:28540
Mailing Address (if apphcable):P.O. Box 7122
City: acksonville State:NC Zip:28541
Phone: (910 ) 455-6956 Fax: (910 ) 455-6325
Email:
c. Please check the appropriate box. The applicant listed above is:
® The property owner (Skip to Contact Information, item 3a)
❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a
and 2b below)
❑ Developer* (Complete Contact Information, item 2a and 2b below.)
2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization:
Signing Official & Title:
b.Contact information for person listed in item 2a above:
Street Address:
City:
Mailing Address (Wapi-V cable):
City:
Phone: ( }
Email:
State:
State:
Fax:
Zip:
Zip:
3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/Organization:
Signing Official & Title:
b.Contact information for person listed in item 3a above:
Mailing Address:
City:
Phone: ( )
Email:
4. Local jurisdiction for building permits:
Point of Contact:
Sta te:
Fa x:
Phone #:
Form SWU-101 Version 07Jun2010 Page 2 of 6
Zip:
t
x.
E IIE
JUL 0 8 2013
BY..

• IV. PROJECT INFORMATION
1. In the space provided below, briefly summarize how the stormwater runoff will be treated.
Drainage swales to sediment traps with rock check dams.
a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
❑ Approval of a Site Specific Development Plan or PUD Approval Date:
❑ Valid Building Permit Issued Date:
❑ Other: Date:
b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with:
❑ Coastal SW — 1995 ❑ Ph II — Post Construction
3. Stormwater runoff from this project drains to the White Oak
River basin.
4. Total Property Area: 59.36 acres 5. Total Coastal Wetlands Area: 0 acres
6. Total Surface Water Area: 0 acres
7. Total Property Area (4) — Total Coastal Wetlands Area (5) — Total Surface Water Area (6) = Total Project
Area':59.36 acres
Total projectarea shall be calculated to exclude the following; the normal pool ofm7pocrf7ded structures,
the area between the banks of streams and rivers, the area below the Normal High Water (NHW) line or
Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHW) lirre. The
resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal wetlands
landward of the NHW (or MHW) line may be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 =
n
9. How many drainage areas does the project have? 1 (For high density, count 1 for each proposed engineered
stormwater 13MP. For low derzsity and other projects, use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each
area provided in the same format as below.
Basin Information
Drains a Area 1
Drains e Area 2
Drains e Area 3
Drains e Area 4
Receiving Stream Name
UT to Mill Creek
Stream Class *
SA; HQW
Stream Index Number *
19-39-3-1
Total Drainage Area (sf)
2,585,722
On -site Drainage Area (so
2,585,722
Off -site Drainage Area (so
0
Proposed Impervious Area"
(so
936,779
Impervious Area** (total)
1 36`%
Impervious" Surface Area
Drainage Area 1
Drainage Area 2
Drainage Area 3
Drainage Area 4
On -site Buildings/Lots (so
691,200
On -site Streets (so
207,800
On -site Parking (sf)
0
On -site Sidewalks (so
0
Other on -site (so
7,365
Future (so
30,414
Off -site (sf)
0
Existing BUA*** (sf)
0
Total (so:
936,779
Stream Class and Index Number can be determined at.- a f x
bttp://portaLncderu•.or�veb/wq/r�s/csu classifications +' 4� `J��
-- JUL 0 8 2013
Form SWU-101 Version 07Jun2010 Page 3 of 6
BY:

Impervious area is defined as the built upon area including, but riot limited to, buildings, roads, parking
areas sidewalks, gravel arc��s, etc.
"Report only that amount of existing BUA that will remain after development. Do not report any existing
BUA that is to be removed and which will be replaced by new BUA.
11. How was the off -site impervious area listed above determined? Provide documentation.
Projects in Union County: Contact DIVQ Central Office staff to check if the pro ect is located iuithin a 'Threatened &
Endangered Species itatershed that may be siil1ect to more stringent stomni? rter regiiirenients as per NCAC 02B .0600,
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from littp://porta1.ncdenr.oi-g/web/wq/ws/sti/bmp-manua1.
VI. SUBMTITAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A
complete package includes all of the items listed below. A detailed application instruction sheet and BMP
checklists are available from http://port il.ncdeiir.org/web/wq/ws/su/statesw/forms_docs. The complete
application package should be submitted to the appropriate DWQ Office. (The appropriate office maybe fotmd
by locating project on the interactive online map at http://poi-tal.ncdeiir.org/web/wq/ws/su/maps.)
Please indicate that the follgLAgN required information have been provided by initialing in the space provided
for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions
for each submitted application package from http://pot-til.t-icdeiir.org/web/wq/wsLsustatesw forms dots.
tniti-
1. Original and one copyof the Stormwater Management Permit Application Form.
2. Original and one copyof the signed and notarized Deed Restrictions & Protective Covenants
Form. (if required as per Part Vll below)
3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M
agreement(s) for each BMP.
4. Permit application processing fee of $505 payable toNCDENR. (For an Express review, refer to
littp://www.cnvlie[p.org/pages/one-,topexpress.litmI for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
5. A detailed narrative (one to two pages) describing the stormwater treatment/management for
6, A USCS map identifying the site location. If the receiving stream is reported as class SA or the
receiving stream drains to class SA waters within 1h mile of the site boundary include the'1h
mile rad ius rni the map.
7. Sealed, signed and dated calculations.
8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including:
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
f. Sca le.
g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal
waters, and any coastal wetlands landward of the MHW or NHW lines.
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
struchires, the banks of streams or rivers, and the MHW (or NHW) of tidal waters.
i. Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours, proposed contours, spot elevations, finished floor elevations.
1. Details of roads, drainage features, collection systems, and stormwater control measures.
m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
Form SWU-101 Version 07Ju12010 Page 4 of 6
i
JUL 08 2as
PY:— I

n. Existing drainage (inchiding off -site), drainage easements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of plans, not as a separate document).
p. Vegetated buffers (where required).
9. Copy of any applicable soils report with the associated SHWT elevations (Please identify
elevations in addition to depths) as well as a map of the boring locations with the existing
elevations and boring logs. Include an 8.5"x11" copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs, tine report should also
include the soil type, expected infiltration rate, and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior
to submittal, [phone].)
10. A copy of the most current property deed. Deed book: 3903 Page No: 319
11. For corporations and limited liability corporations (LLC): Provide documentation from the NC
Secretary of State or other official documentation, which supports the titles and positions held
by the persons listed in Contact Information, item 1a, 2a, and/or 3a per NCAC 2H.1003(e). The
corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned.
http://www.secret,iry.state.nc.us/Corporations/CSearcli.asRx
VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be
provided as an attachment to the completed and notarized deed restriction form. The appropriate deed
restrictions and protective covenants forms can be downloaded from
http://portal.ncdenr.org/web/wq/ws/su/statesw/forms_docs. Download the latest versions for each
submittal.
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed on
the forms available on the website, that the covenants will be binding on all parties and persons claiming under
them, that they will run with the land, that the required covenants cannot be changed or deleted without
concurrence from the NC DWQ and that they will be recorded prior to the sale of any lot.
VIII. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting Engineer:Athan M. Parker, El
Consulting Firm: Parker & Associates, Inc.
Mailing Address:306 New Bridge Street
City Jacksonv ille State:NC Zip:28540
Phone: (910 ) 455-2414 Fax: [phone]
Email:va itext@bizec. rr.com
DC. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this
section)
1, (print or type name of person listed in Contact hnformation, item 2a) - , certify that I
own the property identified in this permit application, and thus give permission to (print or type name of person
listed in Contact Information, item 1a) with (prirnt or type name of organization listed
an Contactlaformahon, item Ia) to develop the project as currently proposed. A copy
of the lease agreement or pending property sales contract has been provided with the submittal, which indicates
the party responsible for the operation and maintenance of the stormwater system. ,[:: - 9 % _R B
JUL 0 8 2013
Form SWU-101 Version 07Jun2010 Page 5 of 6 By,

As the legal property owner I acknowledge, understand, and agree by my signature below, that if my
designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or
defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater
permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ
immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be
operating a stormwater treatment facility without a valid permit. I understand that the operation of a
stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may
result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day,
pursuant to NCGS 143-215.6.
Signature: Date:
I, ��. _ ^,..._._ .. _ a Notary Public for the State of County of
do hereby certify that
personally appeared
before me this — day of and acknowledge the due execution of the application for
a stormwater permit. Witness my hand and official seal,
SEAL
My commission expires
X APPLICANTS CSIZTMCAT3ON
1, (print or type name of person Ust ed in Contact Wormatiort, item 1a) Anthony W, Sydes
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective c venants will be recorded, and that the proposed project complies with the requirements of the
applicable st ater rules under 15A NCAC 1000, SL 2006 24fi {Ph. II —Post Construction} or SL 2008-211.
i # of of
S gnatu �L Date• n
I, Ia h- P UI n h a Notary Public for the State fof pi�? C Q��I nQ County of
0y15I Ow do hje`r�eby certify that 6 f1+h D +1 y w`� 9 �r7 personally appeared
�� tu before me this day of vr 1N� owledge e e execution of the application for
a stormwater permit. Witness my hand and official al,
l:orrn SWU-101 Version 07]un2010
L/' p
SEAL
My commission expires_[�_ I)q
JUL 0 8 2013 '{
Page 6 of 6�
EY:

4
� 1

4
Permit No. ` - / ��z
(to be provided by DWQ)
®o�oF w A rFgQG
HCDEHR Q T
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form must be filled out, printed and submitted.
The Required Items Checklist (Part Ill) must be printed, filled out and submitted along with all of the required information.
11PkVJECTilNF0RMATI0N
Project name Nautical Reach
Contact person Anthony Sydes - A. Sydes Construction, INC.
Phone number [phone]
Date 27-Jun-13
Drainage area number 1
Site Characteristics
Drainage area
2,081,732 ryz
Impervious area, post -development
936,779 ft2
% impervious
45.00 %
Design rainfall depth
1.5 in
Storage Volume: Non -SA Waters
Minimum volume required
ft3
Volume provided
f13
Storage Volume: SA Waters
1.5' runoff volume
118,399 ft3
Pre -development 1-yr, 24-hr runoff
32,093 ft3
Post -development 1 •yr, 24-hr runoff
292,049 ft3
Minimum volume required
259.956 ft3
Volume provided
265,331 ft3
Peak Flow Calculations
Is the pre/post control of the lyr 24hr storm peak flow required?
Y (Y or N)
1-yr, 24-hr rainfall depth
3.7 in
Rational C, pre -development
0.15 (unittess)
Rational C, post -development
0.51 (unitless)
Rainfall intensity: 1-yr, 24-hrstorm
0.16 inihr OK
Pre -development 1-yr, 24-hr peak Flow
5.67 ft3isec
Post -development 1-yr, 24-hr peak Flow
1.17 ft3isec
PreiPost 1-yr, 24-hr peak flow control
-4.50 ft3isec
Elevations
Temporary pool elevation
11.60 fmsl
Permanent pool elevation
7.25 fmsl
SHWT elevation (approx. at the perm. pool elevation)
10.00'fmsl
Top of 1 Oft vegetated shelf elevation
7.75 fmsl
Bottom of 1 Oft vegetated shelf elevation
6.75 fmsl
Sediment cleanout, top elevation (bottom of pond]
1.50 fmsl
Sediment cleanout, bottom elevation
0.50 fmsl
Sediment storage provided
1.00 It
Is there additional volume stored above the state -required temp, pool?
N (Y or N)
EC ErE S V E `�
{J7 ft'1 l
Elevation of the top of the additional volume
fmsl
V`'�, JUL 0 8 2019
Hi
Form SW401-Wet Detention Basin-Rev.9Ah ail 2 Paris I. d 11. Design Summary, Page 1 of 2

Permit No.
(to be provided by D WO)
Surface Areas
Area, temporary pool 68,657 12
Area REQUIRED, permanent pool 49,962 ft2
SAIDA ratio 2.40. (unitless)
Area PROVIDED, permanent pool, A,m,_,,d 50,030 e OK
Area, bottom of 10ft vegetated shelf, Ab,:, 33,785 ft'
Area, sediment cleanout, top elevation (bottom of pond). Ayat p.,d 24,693 ft'
Volumes
Volume, temporary pool
265,331 ft3
OK
Volume, permanent pool, VPxm-pod
257,068 ft3
Volume, forebay (sum of forebays if more than one forebay)
56,621 rya
Forebay % of permanent pool volume
22.0% %
Insufficient forebay volume.
SAIDA Table Data
Design TSS removal
85 %
Coastai SAIDA Table Used?
Y (Y or N)
Mountain/Piedmont SAIDA Table Used?
N (Y or N)
SA1DA ratio
2.40 (unitless)
Average depth (used in SAIDA table):
Calculation option 1 used? (See Figure 10-2b)
N (Y or N)
Volume, permanent pool, Vim,, ycd
257,068 ft'
Area provided, permanent pool, AP,. -Pam'
50,030 ft'
Average depth calculated
ft
Need 3 ft min.
Average depth used in SAIDA, d. (Round to nearest 0.5h)
ft
Calculation option 2 used? (See Figure 10-2b)
Y (Y or N)
Area provided, permanent pool, A ._,d
50,030 ft2
Area, bottom of 1 Oft vegetated shelf, Ab,l O fl
33,785 ft'
Area, sediment cleanout, top elevation (bottom of pond), Ab,,-Pd
24.693 h2
"Depth" (distance blw bottom of 1 Oft shelf and top of sediment)
5.25 ft
Average depth calculated
5.14 ft
OK
Average depth used in SAIDA, d. (Round to down to nearest C.bft)
5.0 it
OK
Drawdown Calculations
Drawdown through orifice?
Y (Y or N)
Diameter of orifice (if circular)
5. 00 in
Area of orifice (if -non -circular)
in
Coefficient of discharge (Co)
0.60 (unitless)
Driving head (Ho)
1.45 ft
Drawdown through weir?
N (Y or N)
Weir type
(unitless)
Coefficient of discharge (C.)
(unitless)
Length of weir (L)
ft
Driving head (H)
It
Pre -development 1-yr, 24-hr peak flow
5.67 ft'/sec
Past -development 1-yr, 24-hr peak flow
1.17 ft3lsec
Storage volume discharge rate (through discharge orifice or weir)
0.80 ft3lsec
Storage volume drawdown time
3,81 days
OK, draws down in 2-5 days.
Additional Information
Vegetated side slopes
3 :1
CK
Vegetated shelf slope
10 ;1
OK
Vegetated shelf width
10.0 ft
OK
Length of flowpath to width rabo
Length to width ratio
4 :1
4.0 :1
OK
OK
Trash rack for overflow 8 orifice?
Y (Y or N)
OK
rf
Freeboard provided
3.4 ft
OK
JUL 0 ���3
Vegetated filter provided?
Y (Y or N)
OK
Recorded drainage easement provided?
Y (Y or N)
OK
��
Capures all runoff at ultimate build -out?
Y (Y or N)
OK
Drain mechanism for maintenance or emergencies is:
Pump
Form SW401-Wet Detention Basin-Rev.9-4118112 Parts I. & II. Design Summary, Page 2 of 2

Permit No
lll. REQUIRED ITEMS CHECKLIST
(to be provided by DWQ) -
Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will
result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to
indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a
requirement has not been met, attach justification.
Page! Plan
Initials —Ar Sheet No.
1-4 , �lS' Za
5 20
NtL5
1, Plans (1" - 50' or larger) of the entire site showing:
Design at ultimate build -out,
Off -site drainage (if applicable),
- Delineated drainage basins (include Rational C coefficient per basin),
Basin dimensions,
Pretreatment system,
High flow bypass system,
- Maintenance access,
Proposed drainage easement and public right of way (ROW),
Overflow device, and
Boundaries of drainage easement.
2. Partial plan (1" = 30' or larger) and details for the wet detention basin showing:
Outlet structure with trash rack or similar,
Maintenance access,
Permanent pool dimensions,
Forebay and main pond with hardened emergency spillway,
Basin cross-section,
Vegetation specification for planting shelf, and
Filter strip.
3. Section view of the wet detention basin (1" = 20' or larger) showing:
Side slopes, 3:1 or lower,
Pretreatment and treatment areas, and
Inlet and outlet structures.
4. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified
on the plans prior to use as a wet detention basin.
5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for forebay,
to verify volume provided.
6. A construction sequence that shows how the wet detention basin will be protected from sediment until the
entire drainage area is stabilized.
7. The supporting calculations.
8. A copy of the signed and notarized operation and maintenance (00) agreement.
9. A copy of the deed restrictions (if required).
10. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. County
soil maps are not an acceptable source of soils information.
Form SW401-Wet Detention Basin-Rev.9-4118112
11 EC.E9' Eulf
�i
10
i
JUL 0 8 2093
E;; Part III. Required Items Checklist, Pagel of 1

54)ei?� -;,- �-5
of wnrFq
� r
NCDENR
a
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION
APPLICATION FORM
LEVEL SPREADER - VEGETATED
FILTER STRIP (LS-VFS) SUPPLEMENT
This form must be completely filled out, printed, initialed, and submitted.
I. PROJECT INFORMATION
Project name
Nautical Reach
Contact name
Anthony Sydes - A. Sydes Construction, INC.
Phone number
[phone]
Date
June 27, 2013
Drainage area number
1
II. DESIGN INFORMATION
The purpose of the LS-VFS
Buffer Rule: Diffuse Flow
Stormwater enters LS-VFS from
A BMP
Type of VFS
Engineered filter strip (graded & sodded, slope < 8%)
Explanation of any "Other responses above
Mitigate non -discharge rule in SA waters
If Stormwater Enters the LS-VFS from the Drainage Area
Drainage area
fe Do not complete this section of the form.
Impervious surface area
tip Do not complete this section of the form.
Percent impervious
% Do not complete this section of the form.
Ratio4 C coefficient
Do not complete this section of the form.
Peak Flow from the 1 inthr storm
cfs Do not complete this section of the form.
Time of concentration
min Do not complete this section of the form.
Rainfall intensity, 10-yr storm
inlhr Do not complete this section of the form.
Peak Flow from the 10-yr storm
cis Do not complete this section of the form.
Design storm
Pick one:
Maximum amount of flow directed 10 the LS-VFS
cfs Do not complete this section of the form,
Is a flow bypass system going to be used?
(Y or N) Do not complete this section of the form.
Explanation of any "Other responses above
If Stormwater Enters the LS-VFS from a BMP
Type of BMP Wet detention pond
Peak discharge from the BMP during the design storm 0.8 cfs
Peak discharge from the BMP during the 10-year storm 1.52 cfs
Maximum capacity of a 100-foot long LS-Vi`S 10 cfs
Peak flow directed to the LS-VFS 1.52 cfs
Is a flow bypass system going to be used? Y (Y or N)
Explanation of any "Other" responses above
JUL 0S2013
BY -.--
Form SW401 - LS-VFS - 28June2012 - Rev,10 page 1 of 3

LS-VFS Design
Forebay surface area
Depth of forebay at stormwater entry point
Depth of forebay at stormwater exit point
Feet of level lip needed per cis
Computed minimum length of the level lip needed
Length of fevel lip provided
Width of VFS
Elevation at downslope base of level lip
Elevation at the end of the VFS that is farthest from the LS
Slope (from level lip to the end of the VFS)
Are any draws present in the VFS?
Is there a collector swale at the end of the VFS?
Bypass System Design (if applicable)
Is a bypass system provided?
Is there an engineered flow splitting device?
Dimensions of the channel (see diagram below):
M
B
W
y (flow depth for 10-year storm)
freeboard (during the 10-year storm)
Peak velocity in the channel during the 10-yr storm
Channel lining material
Does the bypass discharge through a wetland?
Does the channel enter the stream at an angle?
Explanation of any "Other" responses above
Fosrn SW401 - LS-VFS - 29June2012 - Rev. 10
10
sq h No forebay is required.
6
in
6
in Depth is appropriate.
10
fvcfs
15
ft
16
ft
50
it
7.42
fmsl
6.50
fmsl
1.84
%
N
(Y or N) OK
N
(Y or N)
N (Y or N)
N (Y or N)
it
it
it
ft
ft
ftlsec
Pick one:
(Y or N)
(Y or N)
11�
B i
EC;F''��
JUL 0 8 20B
page 2 of 3

N
Permit Number:SGj
(to he prorided by DIVQ)
Drainage Area Number:
Filter Strip, Restored Riparian Buffer and Level Spreader
Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP.
Important maintenance procedures:
— Immediately after the filter strip is established, any newly planted vegetation
will be watered twice weekly if needed until the plants become established
(commonly six weeks).
— Once a year, the filter strip will be reseeded to maintain a dense growth of
vegetation
— Stable groundcover will be maintained in the drainage area to reduce the
sediment load to the vegetation.
— Two to three times a year, grass filter strips will be mowed and the clippings
harvested to promote the growth of thick vegetation with optimum pollutant
removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and
may be allowed to grow as tall as 12 inches depending on aesthetic requirements
(NIPC,1993). Forested filter strips do not require this type of maintenance.
— Once a year, the soil will be aerated if necessary.
Once a year, soil pH will be tested and lime will be added if necessary.
After the filter strip is established, it will be inspected quarterly and within 24 hours
after every storm event greater than 1.0 inch (or 1.5 inches if in a Coastal County).
Records of operation and maintenance will be kept in a known set location and will be
available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element:
Potentialproblem:
How I will remediate theproblem:
The entire filter strip
Trash/debris is present.
Remove the trash/debris.
system
The flow spIitter device
The flow splitter device is
Unclog the conveyance and dispose
(if applicable)
clogged.
of any sediment off -site.
The flow splitter device is
Make any necessary repairs or
damaged.
replace if damage is too large for
repair.
E C ETEE �VE'
3 '
JUL 082013 ;
r.
BY:
Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 1 of 3

BMP element:
Potentialproblem:
How I will remediate theproblem:
The Swale and the level
The swale is clogged with
Remove the sediment and dispose
lip
sediment,
of it off -site.
The level lip is cracked,
Repair or replace lip,
settled, undercut, eroded or
otherwise damaged.
There is erosion around the
Regrade the soil to create a berm
end of the level spreader that
that is higher than the level lip, and
shows stormwater has
then plant a ground cover and
bypassed it.
water until it is established. Provide
lime and a one-time fertilizer
application.
Trees or shrubs have begun
Remove them.
to grow on the swale or just
downslo e of the level lip.
The bypass channel
Areas of bare soil and/or
Regrade the soil if necessary to
erosive gullies have formed.
remove the gully, and then
reestablish proper erosion control.
Turf reinforcement is
Study the site to see if a larger
damaged or ripap is rolling
bypass channel is needed (enlarge if
downhill.
necessary). After this, reestablish
the erosion control material.
The filter strip
Grass is too short or too long
Maintain grass at a height of
if applicable).
approximately three to six inches.
Areas of bare soil and/or
Regrade the soil if necessary to
erosive gullies have formed.
remove the gully, and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
Sediment is building up on
Remove the sediment and
the filter strip.
restabilize the soil with vegetation if
necessary. Provide lime and a one-
time fertilizer application.
Plants are desiccated.
Provide additional irrigation and
fertilizer as needed.
Plants are dead, diseased or
Determine the source of the
dying.
problem; soils, hydrology, disease,
etc. Remedy the problem and
replace plants. Provide a one-time
fertilizer application.
Nuisance vegetation is
Remove vegetation by hand if
choking out desirable species.
possible. If pesticide is used, do not
allow it to get into the receiving
water.
The receiving water
Erosion or other signs of
Contact the NC Division of Water
damage have occurred at the
Quality local Regional Office, or the
outlet.
401 Oversight Unit at 919-733-1786.
Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3
E'
JUL 0 8 2013
Pave 2 of 3

Permit Number:
(to he t)rovi(led by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Project name:Nautical Reach
BMP drainage area number: I
Print name:Anthony W. Sydes, A. Sydes Construction, Inc.
Title:President
Address:4355 Gum Branch Road
Phone:[phone]
Signature:
Date: L
Note: The legally responsible party should not be a homeowners association unless more than 50% of
the lots have been sold and a resident of the subdivision has been named the president.
I,_ /-'_ A, 6 CJ e , a Notary Public for the State of
q�)d-h (dm(L/ a_ , County of Onf t) V\% , do hereby certify that
8��.hLp1)k LL�. personally appeared before me this
day ofy t-t A L- , , (�1 •�j , and acknowledge the due execution of the
forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements.
Witness my hand and official sea],
t�ti!uuungrrrr��`
L V %
sum NOTARY.
- 9=
vltcou
ap '°U81.1G
SEAL
My commission expires Ar&h A
^s�E RVERN
JUL 082013
Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3
Page 3 of 3

Flfll� 8 0 itill.

Permit Number: ����?%�
(to be provided by D1f'Q)
Drainage Area Number:
Wet Detention Basin Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP.
The wet detention basin system is defined as the wet detention basin,
pretreatment including forebays and the vegetated filter if one is provided.
This system (check one):
® does ❑ does not incorporate a vegetated filter at the outlet.
This system (check one):
❑ does ® does not incorporate pretreatment other than a forebay.
Important maintenance procedures:
Immediately after the wet detention basin is established, the plants on the
vegetated shelf and perimeter of the basin should be watered twice weekly if
needed, until the plants become established (commonly six weeks).
No portion of the wet detention pond should be fertilized after the first initial
fertilization that is required to establish the plants on the vegetated shelf.
Stable groundcover should be maintained in the drainage area to reduce the
sediment load to the wet detention basin.
— If the basin must be drained for an emergency or to perform maintenance, the
flushing of sediment through the emergency drain should be minimized to the
maximum extent practical.
— Once a year, a dam safety expert should inspect the embankment.
After the wet detention pond is established, it should be inspected once a month and
within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a
Coastal County). Records of operation and maintenance should be kept in a known set
location and must be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element:
Potentialproblem:
How 1 will remediate theproblem;
The entire BMP
Trash/debris is present.
Remove the trashZ debris.
The perimeter of the wet
Areas of bare soil and/or
Regrade the soil if necessary to
detention basin
erosive gullies have formed.
remove the gully, and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
Vegetation is too short or too
Maintain vegetation at a height of
lon
approximately six inches.
Porn SW401-Wet Detention Basin O&M-Rev.4
JUL 0 8 M3 Page 1 of 4
t:
�,r

Permit Number:
(to he provided by DIVQ)
Drainage Area Number:
BMP element:
Potentialproblem:
How I will remediate theproblem:
The inlet device: pipe or
The pipe is clogged.
Unclog the pipe. Dispose of the
Swale
sediment off -site.
The pipe is cracked or
Replace the pipe.
otherwise damaged.
Erosion is occurring in the
Regrade the Swale if necessary to
swale.
smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion.
The forebay
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design depth for
possible. Remove the sediment and
sediment storage.
dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Erosion has occurred.
Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present.
Remove the weeds, preferably by
hand. If pesticide is used, wipe it on
the plants rather than spraying.
The vegetated shelf
Best professional practices
Prune according to best professional
show that pruning is needed
practices
to maintain optimal plant
health.
Plants are dead, diseased or
Determine the source of the
dying.
problem: soils, hydrology, disease,
etc. Remedy the problem and
replace plants. Provide a one-time
fertilizer application to establish the
ground cover if a soil test indicates
it is necessary.
Weeds are present.
Remove the weeds, preferably by
hand. If pesticide is used, wipe it on
the plants rather than spraying.
The main treatment area
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design sediment
possible. Remove the sediment and
storage depth.
dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Algal growth covers over
Consult a professional to remove
50% of the area.
and control the algal growth.
Cattails, phragmites or other
Remove the plants by wiping them
invasive plants cover 50% of
with pesticide (do not spray).
the basin surface.
Form SW401-Wet Detention Basin O&M-Rev.4 s JUL O 8 2013 Page 2 of

Pen -nit Number:
(to he provided by DWQ)
Drainage Area Number:
BMP element:
Potentialproblem:
How 1 will remediate theproblem:
The embankment
Shrubs have started to grow
Remove shrubs immediately.
on the embankment.
Evidence of muskrat or
Use traps to remove muskrats and
beaver activity is present.
consult a professional to remove
beavers,
A tree has started to grow on
Consult a dam safety specialist to
the embankment.
remove the tree.
An annual inspection by an
Make all needed repairs.
appropriate professional
shows that the embankment
needs re air, if applicable)
The outlet device
Clogging has occurred.
Clean out the outlet device. Dispose
of the sediment off -site.
The outlet device is damaged
or replace the outlet device.
The receiving water
Erosion or other signs of
_Repair
Contact the local NC Division of
damage have occurred at the
Water Quality Regional Office, or
outlet,
the 401 Oversight Unit at 919-733-
1786.
The measuring device used to determine the sediment elevation shall be such
that it will give an accurate depth reading and not readily penetrate into
accumulated sediments.
When the permanent pool depth reads 10.1 feet in the main pond, the
sediment shall be removed.
When the permanent pool depth reads 10.1 feet in the forebay, the sediment
shall be removed.
Sediment Removal
Bottom Elevati
1,55 �1
-----------------
FOREBAY
BASIN DIAGRAM
(fill in the blanks)
1 Volume'
-f1 Min.
Sediment
Storage
Form SW401-Wet Detention Basin O&M-Rev.4
Permanent Pool Elevation 11.6
Pool
`------Sediment Removal Elevation-1_5 - - Volume
Bottom Elevation 0_5 _ 1-ft ]y 11.
Sediment
Storage
MAIN POND
4. 1 JUL 0 0 2013 Page 3 of 4
ti

Perniit Number:
(io be provided big D47Q)
I acknowledge and agree by my signature below that I am responsible for the
perforinance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Project name:Nauticai Reach
BMP cirf inage area number: I
Print natne:Anthony W. Sydes, A. Sydes Construction, INC.
Title:President
Address:4355 Gum Branch Road
Phone
Signat
Date: L 1,2� i1/
Note: The legally responsible party should not be a homeowners association unless more than 50% of
the lots have been sold and a resident of the subdivision has been named the president.
1, _}�"%rY{.%'GL A , a Notary Public for the State of
N[D/11l i a M (1 ('� , County of Dlhlfy , do hereby certify that
Aa1'i' o at t YV• & ,s personally appeared before me this
day of oU_n jp/� _� , and acknowledge the due execution of the
forgoing wet detention basin maintenance requirements.
seal, 6ajaj -t �
t` 0%%Jl lftIIFjjj"J,
�P.PA A e�0
Nprggy
p L
3
Doti A�guc U
o
w cours;,t`
k1pMI11NN►��
SEAL
My commission expires Qr' � a J6, Az)l 0
Witness my hand and official
a &4z9_'j
E 0Q ..
1 JUL 082013
Form SW401-Wet Detention Basin O&M-Rev.4
Page 4 of 4

M!9, , ', Ic i i I
.1 1 I

��{gP I of 4Q �y
(3k 4 It o
811IAMB 'I1111101
Doc ID: 011831330004 Type: CRP
Recorded: 11/18/2014 It 02:13:22 PM
Fae Amt: s28.00 Pe¢e 1 of 4
On slow county NC
Rebecca t. Pollard Rep. of Deeds
BK4226 PD555-558
Preprrrd By: iAnicr, Fountain & Cerurzi
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF NAUTICAL REACH SUBDIVISION
THIS AMENDMENT TO DECLARATION OF COVENANTS, COND TIONS
AND RESTRICTIONS FOR NAUTICAL REACH ("Amendment") is made this j�day of
November, 2014 by A. Sydes Construction, Inc., a North Carolina corporation, whose address is
PO Box 7122, Jacksonville, NC 28541-7122 (the "Declarant") and Nautical Reach
Homeowner's Association, Inc. (the "Association").
RECITALS:
A. Declarant, as the developer and declarant of Nautical Reach Subdivision (the
"Subdivision"), caused to be recorded that certain Declaration of Covenants, Conditions and
Restrictions for Nautical Real Subdivision in Book 4180, Page 674-708, Onslow County
Registry (the "Declaration"); and
B. Pursuant to the Declaration, the Declarant and the Association have the right to
amend the Declaration as hereinafter set forth.
NOW THEREFORE, pursuant to the authority above identified and recited, the
Declarant and the Association amend the Declaration as follows:
I. ARTICLE 1, Section 1.6 is amended to read:•" uilder shall mean an entity which
purchases a Lot or Lots in the normal course of business for the purpose of constructing a
residence thereon for sale."
2, ARTICLE- III is amended to add a new Section 3.5 to read as follows:
"Section 3,5 Declarant Rights in Common Area. Notwithstanding anything
contained in Article 11 to the contrary, Declarant, during the Declarant Control Period, shall have
the tight to expand or add to the Common Area and to improve, maintain and operate the same.
ECEAVE
FEB Q 4 2019
8Y:
)? 071
Book: 4226 Page, 1977-Current: 555 Seq: 1
Boole: 4226 Page: 555 Page 1 of 4

State Stor — «+er Management Systems
� Permit No. SW8 130703
Certification Requirements:
1. The drainage area to the system contains approximately the permitted
acreage.
V"'2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
V"*- 3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
✓4. All roof drains are located such that the runoff is directed into the system.
✓ 5. The outlet structure elevations are per the approved plan.
__L�6. The outlet structure is located per the approved plans.
✓ 7. Trash rack is provided on the outlet structure.
_Z �8.• All slopes above permanent pool are grassed with permanent vegetation.
�9. Vegetated slopes above permanent pool are no steeper than 3:1.
✓ 10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
✓11. The permitted amounts of surface area and/or volume have been
provided.
Z12. Requiredd-drawdown devices are correctly sized and located per the
approved plans.
✓13. All required design depths are provided.
✓14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, a vegetated filter, level spreader and a secondary BMP.
R/ 15. The required system dimensions are provided per the approved plans.
✓16. All components of the stormwater BMP are located in either recorded
common areas, or recorded easements.
cc: NCDENR-DWQ Regional Office
Onslow County Building Inspections
! f �nl��+rbl a � �� QY+v�`L 0� 4A- s
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C,pd'���ca�i0y+. �,5�% CCvtyOwu�c�tAn �S ra� �'rlistike� a�'
fo
Pane 7 of 7

Page 2 of 4
Declarant shall also have the right to alter the boundaries of the Common Area, whether or not it
has been previously deeded to the Association, provided that such alteration does not
substantially, materially and adversely affect the function and use of the Common Area. The
Association and each Owner hereby irrevocably appoints the Declarant as his attomey-in-fact to
execute and/or deliver any documents, plats, deeds, or other written matters necessary or
convenient to accomplish the addition of Common Area or Properties, or both, to create
easements as deemed necessary by Declarant, and to adjust the boundary or boundaries of the
Common Area."
3. ARTICLE IV, Section 4.71 is amended by adding the following after the last
sentence: "Each Lot Owner shall also keep and maintain his or her yard in a neat and uncluttered
condition. Lawns and shrubs shall be cut and trimmed regularly. No lawn (grass) shall be
allowed to grow in excess of 6 inches in height."
4. ARTICLE V, Section 5.2 is amended by adding "or Builder" after Declarant in
the last sentence of the paragraph.
5. ARTICLE V, Section 5.5.1 is amended by adding "and Builder" after Declarant
in the first sentence of the paragraph.
6. ARTICLE V, Section 5.5.4 is amended by adding "or a Builder" after Declarant
in the first sentence of the paragraph.
7. ARTICLE V1, Section 6.7 is amended by striking "Canons Edge" in the last
sentence and inserting "Nautical Reach" in lieu thereof,
8. -ARTICLE Vl, Section 6.11 is amended by striking "Canons Edge" in the last
sentence and insetting "Nautical Reach" in lieu thereof.
9. ARTICLE XIV is amended by adding "A." before the title "STORM WATER
REGULATION" and by adding a new Section "B" to read as follows:
"B. TRANSFER STORM WATER MANAGEMENT PERMIT
The Storm Water Permit for Nautical Reach was issued in the name of the Declarant. Declarant
may at any time, upon approval by the Director of the Division of Energy, Mineral and Land
Resources, Department of Environmental and Natural Resources of the State of North Carolina,
transfer and assign the said Storm Water Management Permit to the Association for purposes of
enforcing and complying with the conditions and restrictions contained therein. The Association
shall, upon request of Declarant, execute any and all documents that may be necessary to
effectuate the said transfer."
Except as expressly provided in the paragraphs above, the terms and provisions of the
Declaration shall continue in full force and effect according to the terms of the same as modified
hereby. In the event of any conflict between the Declaration and the provisions of this
Amendment, the terns and provisions of this Amendment shall control.
" I-Vr
BY:
Book: 4226 Page, 1977-Current: 555 5eq: 2
Book: 4226 Page: 555 Page 2 of 4

Page 3 0! 4
IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of
the day and year first above written.
DECLARANT:
A SYDES CONSTRUCTION, INC,.
A Nort Carolina Ico11rporation
By: W-
Name:
Title:
ASSOCIATION:
NAUTICAL REACH HOMEOWNER'S
ASSOCIATION, INC.,
A North arolina non-profit corporation
By
Name:
Title: tSi
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
I certify that the following person personally appeared before me this day,
ackn wI d�gi�ng to me that he signed the foregoing document in the capacity indicated thereon:
Date: i 3 '
Notary Public
My Commission Expires: 4-ia-ktL.
FD—
L Ha,;;.;�>>+t
Notary hut)llG
t✓ On ; Ivv Cci r �,, n+
Book: 4226 Page, 1977-Current: 555 Seq: 3
Book: 4226 Page: 555 Page 3 of 4

� Paga A of 4
a
1
i STATF, OF NORTH CAROLINA
4a COUNTY OF ONSLOW
I certify that the following person personally appeared before me this day,
acknowledging to me that he signed the foregoing document in the capaeity indicated thereon:
i —
t
FF Date:
Notary Public
My Commission Expires:IQ,_�Q_
Alo
ft�ry
dBy �
o
FEB 0 4 2019
Book: 4226 Page, 1977-Current: 555 Seq: 4
Book: 4226 Page: 555 Page 4 of 4

P1a�re of 2
V
Doc
Retord�d: 07/10/20Mtryo
02!331% ph
1e• Amt: 12E.0o Pepe 1 o1 2
4.b .. County Mc
m(4332 a818-819de
NORTH CAROLINA
ONSLOW COUNTY
SUPPLEMENT TO, AND FIRST AMENDMENT OF, DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
THIS SUPPLEMENT TO, AND FIRST AMENDMENT OF, DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR NAUTICAL REACH
SUBDIVISION RE -CORDED IN BOOK 418, PAGE 674-708 ("Amendment") made and entered
into this the C= day of July, 2015 by and between A. SYDES CONSTRUCTION, INC.
("Declarant") and ALL PRESENT OWNERS AND PROSPECTIVE PURCHASERS OF
PROPERTY IN NAUTICAL REACH SUBDIVISION;
WITNESSETH:
WHEREAS, Declaration heretofore recorded in Book 4180, Pages 674 — 708, a
Declaration of Covenants, Conditions and Restrictions for Nautical Reach Subdivision
("Declaration"); and,
WHEREAS, the Declaration provides that Declarant retains the right to annex additional
Property into Nautical Reach Subdivision during the Development Period (defined in the
Declaration); and,
WHEREAS, the Development Period, as defined in the Declaration, has not expired and
the Declaration provides that the Declarant has the right to perform certain acts during the
Development Period; and,
WHEREAS, the Declaration provides in Section 1.34 that during the Development
Period, the Declarant has the right to exercise any development or other rights reserved by the
Declarant in the Declaration, and to annex Property into the Subdivision in accordance with the
Declaration; and,
Book: 4331 Page, 1477•Current: 818 Seq: 1
Book: 4331 Page: 818 Page 1 of 2

Page 2 of 2
WHEREAS, Declarant desires to execute and record this Amendment to supplement and
to amend the Declaration in the manner hereinafter set forth.
NOW, THEREFORE, for and in consideration of the premises, the Declaration is hereby
amended as follows:
1. The recitals set forth in the foregoing paragraphs of this Amendment are
incorporated hereby by reference.
2. A map of Nautical Reach, Section I is recorded in Map Book 68, Page 157
and a map of Nautical Reach, Section II -A is recorded in Map Book 70, Page
40 and the property depicted on those maps are collectively referred to herein
as Nautical Reach Subdivision.
3. Except as hereby amended and supplemented, each and every other term and
provision of the Declaration hereby is ratified and affirmed.
4. References herein to Deed Books and Pages and Map Books and Pages are to
instruments recorded in the Office of the Register of Deeds of Onslow
County.
IN WITNESS WHER� the undersigned, being the Declarant herein, has hereunto set
its hand and seal, this the /_ day of July, 2015.
A. SYDES CONSTRUCTION, INC.
A No5W7arolina Corporation
BY: (SEAL)
Anthony W. ydes, ti"sident'
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
I certify that the following person personally appeared before me this day,
acknowledging to me that he signed the foregoing document in the capacity indicated thereon:
Anthony W.
. Sydes. hh
Date: .i.t_�t/ ��, d U
I.
FEB 0 4 20119
Book: 4331 Page, 1977-Current: 818 Seq: 2
Book: 4331 Page: 818 Page 2 of 2

110111010110111
Doc
Recorded: 12/11/2025 atT09:08R Aft
Fee Amt: =2a.00 pay 1 of 2
D'e County NC
Rebecca L.Pollard Req. of Deeds
uK4391 po222-223
NORTH CAROLINA
Ca r]:I0I�1`all ll�
SUPPLEMENT TO, AND FIRST AMENDMENT OF, DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
THIS SUPPLEMENT TO, AND FIRST AMENDMENT OF, DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR NAUTICAL REACH
SUBDIVISION RECOPED,IN BOOK 4180, PAGE 674-708 ("Amendment') made and
entered into this the , 30 _ day of July, 2015 by and between A. SYDES CONSTRUCTION,
INC. ("Declarant'? and ALL PRESENT OWNERS AND PROSPECTIVE PURCHASERS OF
PROPERTY IN NAUTICAL REACH SUBDIVISION;
WITNESSETH:
WHEREAS, Declaration heretofore recorded in Book 4180, Pages 674 -- 708, a
Declaration of Covenants, Conditions and Restrictions for Nautical Reach Subdivision
("Declaration'); and,
WHEREAS, the Declaration provides that Declarant retains the right to annex additional
Property into Nautical Reach Subdivision during the Development Period (defined in the
Declaration); and,
WHEREAS, the Development Period, as defined in the Declaration, has not expired and
the Declaration provides that the Declarant has the right to perform certain acts during the
Development Period; and,
WHEREAS, the Declaration provides in Section 1.34 that during the Development
Period, the Declarant has the right to exercise any development or other rights reserved by the
Declarant in the Declaration, and to annex Property into the Subdivision in accordance with the
Declaration; and,
Book: 4391 Page, 1977-Current: 222 Seq: 1
Book: 4391 Page: 222 Page 1 of 2

Faso 2 oft
WHEREAS, Declarant desires to execute and record this Amendment to supplement and
to amend the Declaration in the manner hereinaRer set forth.
NOW, THEREFORE, for and in consideration of the premises, the Declaration is hereby
amended as follows:
1. The recitals set forth in the foregoing paragraphs of this Amendment are
incorporated hereby by reference.
2. A map of Nautical Reach, Section I is recorded in Map Book 68, Page 157
and a map of Nautical Reach, Section 17-A is recorded in Map Book 70, Page 44
V�and the property depicted on those maps are collectively referred to herein
as Nautical Reach Subdivision.
3. Except as hereby amended and supplemented, each and every other term and
provision of the Declaration hereby is ratified and affirmed.
4. References herein to Deed Books and Pages and Map Books and Pages are to
instruments recorded in the Office of the Register of Deeds of Onslow
County.
IN WITNESS WHEREOF, the r5 e�j, being the Declarant herein, has hereunto set
its hand and seal, this the day o I5.
A. SYDES CONSTRUCTION, INC.
A N Carolina Corporation
BY: k/ • It (SEAL)
Anthony . ydes, esident
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
I certify that the following person personally appeared before me this day,
acknowledging to me that he signed the foregoing document in the capacity indicated thereon:
Anthony W. Sydea.
Date:
tom P� = No Public
M}nLon issionn Expi d U Q r to
k�-,Q, !i ��4! I,�Lk.,µ-•I!
r 1
FEB 0 4 20119
Book: 4391 Page, 1977-Current: 222 Seq: 2
Book: 4391 Page: 222 Page 2 of 2

PM 1 of 2
Doc ID: 012783490002 Tvoe: CAP
Recorded: 03/11/2016 at 02:15:09 PM
Fee Amt: $25.00 Page 1 of 2
onslow County NC
Rebecca L. Po lord Reg. of Deeds
BK4450 Po250-251
Prepared by and return to: Lanier, Fountain & Ceruzzi/dh
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
ANNEXATION AND FIRST AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
NAUTICAL REACH
THIS DECLARATION of Annexation and Amendment made this the 2: dtay of April,
2016, by A.Sydes Construction Inc., a North Carolina limited liability company, (the "Declarant".)
WITNESSETH
WHEREAS, the Declaration of Covenants, Conditions, and Restrictions for Nautical Reach
Subdivision (the "Declaration") dated July 25, 2014 was duly recorded in the Onslow County
Registry in Book 4180, Page 674-708; and
WHEREAS, Article XVI (11.4) of the said Declaration gives the Declarant the right to
amend the said Declaration; and
WHEREAS, Article O, of the said Declaration gives to the Declarant the right to annex
additional lands to be subject to the Declaration.
NOW, THEREFORE, the Declaration is hereby amended as follows:
1. ANNEXATION. The provisions of the Declaration are hereby made applicable to
the following described property, except as hereinafter provided. Except as specifically amended by
a provision of this First Amendment, all of the terms and provisions of the Declaration shall be fully
binding and applicable to all said lots as though such lots were described in the Declaration at the
time of its recordation. The property is described as follows:
Being all of the Lots as shown on that map entitled, "Final Plat Nautical Reach,
Section II-B A Planned Residential Development, Stump Sound Twp., Onslow
Co., North Carolina; Owner: A. Sdyes Construction Inc., and recorded in Map
Boole 71, Page 106, Cabinet N, Onslow County Registry.
2. The Declaration is hereby amended to include the following restrictions for the
property described in paragraph 1 above.
3. SURVIVAL. Except as specifically amended or altered by this Declaration of
Annexation and Amendment all provisions, restrictions and covenants contained in the original
Declaration shall remain in full force and effect as to all property described in the said Declaration,
as amended.
Book: 4450 Page, 1977•Current: 250 Seq: 1
Book: 4450 Page: 250 Page 1 of 2

Page 2 of 2
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set
its hand and seal, this the day of April, 2016.
A.Sydes Construction, Inc.,
a No olina Corporat'on
71
BY: (SEAL)
ony W. y,' s' Pr ident
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
I certify that the following person personally appeared before me this day, acknowledging to
me that he signed the foregoing document in the capacity indicated thereon:
Anthony W. S
Date:
Ma(,RTfl�yexpires:
i fyotOtM ou��
NACiicnt0S-Clicnts1,%u1hwesl Plantation, Camlina InvesttnensMeclmationslAnncaelion and A�nd Sac ICAm
wy �,
Er .
w FEB D 4 20119
Book: 4450 Page, 1977-Current: 250 Seq. 2
Book: 4450 Page: 250 Page 2 of 2

I 012
Doe Io: 013031380002 Ty e: CRP
Recorded: 09/19/20t6 at 02:42:49 Pit
Fee Amt: •25.00 Papa t of 2
0,12 Caunty NC
Rebecca L. Po3lard Rep. of 0nds
m45 10 Pa225-226
Prepared by and return to: Lanier, Fountain & Ceruzri/dh
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
ANNEXATION AND AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
NAUTICAL REACH
THIS DECLARATION of Annexation and Amendment made this the 2Pday of
September, 2016, by A.Sydes Construction Inc., a North Carolina limited liability company, (the
"Declarant".)
WITNESSETH
WHEREAS, the Declaration of Covenants, Conditions, and Restrictions for Nautical Reach
Subdivision (the "Declaration") dated July 25, 2014 was duly recorded in the Onslow, County
Registry in Book 4180, Page 674-708; and Amended by instruments recorded in Book 4226, Page
555; Book 4331, Page 818; Book 4391 Page 222 and Book 4450, Page 250, Onslow County
Registry.
WHEREAS, Article XI Section (11.4) of the said Declaration gives the Declarant the right to
amend the said Declaration; and
WHEREAS, Article XI Section (1 1.5), of the said Declaration gives to the Declarant the
right to annex additional lands to be subject to the Declaration.
NOW, THEREFORE, the Declaration is hereby amended as follows:
I . ANNEXATION. The provisions of the Declaration are hereby made applicable to
the following described property, except as hereinafter provided. Except as specifically amended by
a provision of this First Amendment, all of the terms and provisions of the Declaration shall be fully
binding and applicable to all said lots as though such lots were described in the Declaration at the
time of its recordation. The property is described as follows:
Being all of the Lots as shown on that map entitled, "Final Plat Nautical Reach,
Section 11t A Planned Residential Development, Stump Sound Twp., Onslow
Co., North Carolina; Owner: A. Sdyes Construction Inc., and recorded in Map
Book 72, Page 2, Cabinet N, Onslow County Registry.
2. Any reference in the Declaration to Craven County is hereby deleted and Onslow
County is hereby inserted in lieu thereof,
3. The authority of the Declarant to amend the Declaration and to add additional land
is set forth in Article X1, Section 11.4 and Section 11.5 respectively.
4. SURVIVAL. Except as specifically amended or altered by this Declaration of
Annexation and Amendment all provisions, restrictions and covenants contained in the original
Declaration shall remain in full force and effect as to all property described in the said Declaration,
as amended.
Book: 4510 Page, 1977-Current: 225 Seq: 1
Book: 4510 Page: 225 Pago 1 of 2

Pogo 2 of 2
IN WITNESS WHE OF, the un rst ne being the Declarant herein, has hereunto set
its hand and seal, this the day of �� 2016.
A.Sydes Construction, Inc.,
a North Cat Tina Corporation
BY: •,i (SEAL)
Anthony W. Sjdcsurresidcnt
STATE, OF NORTH CAROLINA
COUNTY OF ONSLOW
I certify that the following person personally appeared before me this day, acknowledging to
me that he signed the foregoing document in the capacity indicated thereon:
Anthony W, Sydes, J
Date:
N 4TYPublic
My co. nt$iWires:�
,� D (�Name: l�
Hofer a
coullti
I
.y,CA Rtp'- ,,N `��
N:T1irn1sLS-C1ientsLSoulhwes1 PlMmgtion, Carolina InvestmensSTbclaniions%Annexation and Amend Sec 1C.doc
FEB 0 4 20t9 1;
BY: --
Book. 4510 Page, 1977-Current: 225 Seq: 2
Book: 4510 Page: 225 Page 2 of 2

1 of 35
I
�. IIIIRI��II�PIIW���lll�Yf�Ylll�llY81�III�Id
Doe ID: 011329930035 Tyos: CRP
Retarded; 07/26/2014 at 01:57:13 PM
Fee Amt: $208.00 Pags 1 of 35
Onslov County NC
Rebecca L. Pollard Reg. of Deede
at<4180474-708
FF" Q
Prepared By: Lanier, Fountain & Ceruzzi
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF NAUTICAL REACH SUBDIVISION
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR NAUTICAL REACH.(as may mended or supplemented as set forth herein,
"Declaration') is made this � day of , 2014 by A. Sydes Construction, Inc., a North
Carolina corporation, whose address is PO Dox 7122, Jacksonville, NC 28541-7122 (the
"DeclaranE").
WITNESSETH:
A. Declarant is the owner and developer of certain real estate in Onslow County,
North Carolina, and more particularly described on Exhibit A attached hereto and made a part
hereof (the " ro ert ' or "Subdivision '); and
B. Declarant is developing the Property known as "Nautical Reach" by subdividing
it into "Lots" that are to be used for residential purposes as well as common real estate and
improvements that are to be owned by- a homeowners association to .which the Owner of a Lot
must belong and pay lien -supported maintenance assessments; and
C. At the time of the conveyance of a Lot to an Owner, the Declarant intends to
make available the common amenities on the Property, if any, as they are built, and, at the time
of completed development, the entire Property, excluding the Lots and dedicated streets, if any,
shall be conveyed without cost or charge to the Association.
THEREFORE, the Declarant hereby declares that all of the Lots and Common Areas
(defined below) located within the Subdivision are held and shall be held, conveyed,
hypothecated or' encumbered, leased, rented, used, occupied and improved, subject to the
following covenants, conditions and restrictions, all of which are established and agreed upon for
the purpose of enhancing and protecting the value, desirability and attractiveness of the
Subdivision as a whole and of each of said Lots. All of these restrictions shall run with the land
and shall be binding upon the Declarant and upon the parties having or acquiring any right, title
or interest, legal or equitable in and to the Property or any part or parts thereof subject to such
restrictions, and shall inure to the benefit of the Declarant and every one of the Declarant's
successors in title to any of the Property.
ARTICLE I
DEFINITIONS
Book: 4180 Pegs: 674 Page 1 of 35
Book: 4180 Page, 1977-Current: 674 Seq: 1

Page 2 of 35
Section 1.1 "Annual Organizational Board Meeting" means the annual
organizational board meeting of the Board, which shall take place immediately after each Annual
Meeting of the Members.
ection 1 "Annual Meeting" means the annual meeting of the Members held in
Onslow County, North Carolina, within the last quarter of each calendar year, upon proper
notice, at a date, time and at a place from time to time designated by the Board. The first Annual
Meeting of the Members shall be held within one (1) year from the date of incorporation on such
date as the initial Board shall determine.
Section 1,3 "Articles" or "Articles of Incorporation" shall mean those articles,
filed with the Secietary of State of North Carolina, incorporating Nautical Reach Homeowners
Association, Inc., as a nonprofit corporation under the provisions of North Carolina State law, as
the same may be amended from time to time.
Section 1.4 "Assessments" means Regular Assessments, Special Assessments,
Working Capital Assessments, Individual Assessments and Fine Assessments.
Section 1.5 "Association" shall mean and refer to NAUTICAL REACH
HOMEOWNERS ASSOCIATION, INC., to be formed as a non-profit corporation, its
successors and assigns.
Section 1.6 Intentionally Omitted.
Section 1.7 "Board" or "Board of Directors" shall mean and refer to the Board of
Directors of the Association.
Section 1.8 "Bylaws" shall mean the Bylaws of the Association, as the same may
be amended from time to time.
Section 1.9 "Class A Members" shall mean as defined injection 4.5.1 below.
Section L I "Class B Members" shall mean as defined in Section 4.52 below.
Section LI1 "Constituent Documents" shall mean the Declaration, the Bylaws, the
Articles of Incorporation, and the Rules and Regulations, if any, and any other basic documents
used to create and govern the Subdivision.
Section 1.12 _ "Common Areas" shall mean all the real estate (including retention
ponds, storm drainage improvements, entrance signage, streets (including any dedicated streets
prior to their acceptance for public maintenance) and all landscaping and other improvements
thereon) owned by the Association for the common use and enjoyment of the Owners. Common
Areas shall also include, but not be limited to, future Recreational Facilities, if any, and parcels
designated on the Subdivision plat as "Common Area."
Section 1.13 "Common Expenses" shall mean, refer to, and include all charges,
costs and expenses incurred by the Association for and in connection with the administration of
the Subdivision, including, without limitation thereof, operation of the Subdivision, maintenance,
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repair, replacement and restoration (to the extent not covered by insurance) of the Common
Areas; the costs of any additions and alterations thereto; all labor, services, common utilities,
water reclamation fee, materials, supplies, and equipment therefor; all liability for loss or
damage arising out of or in connection with the Common Areas and their use; all premiums for
hazard, liability and other insurance with respect to the Subdivision; all costs incurred in
acquiring a Lot pursuant to judicial sale; and all administrative, accounting, legal, and
managerial expenses. "Common Expenses" shall also include the cost of operation,
maintenance, improvement, and replacement of any Recreational' Facilities, including
establishing reserves therefore. "Common Expenses" shall also include amounts incurred in
replacing, or substantially repairing, capital improvements within the Common Areas of the
Subdivision, including, but not limited to private road and parking lot resurfacing. "Common
Expenses" shall also include all reserve funds or other funds established by the Association.
"Common Expenses" shall be construed broadly.
Section 1.14 "Declarant" shall mean and refer to A. Sydes Construction, Inc., a
North Carolina corporation, its successors and assigns as a Declarant.
Section 1.15 "Default" shall mean any violation or breach of, or any failure to
comply with, the Restrictions, this Declaration or any other Constituent Documents.
Section 1.16 "Development Period" means the period commencing on the date on
which this Declaration is recorded in the Onslow County Register of Deeds and terminating on
the earlier to occur of (i) when Declarant no longer owns a Lot in the Subdivision; (ii) the date
that Declarant relinquishes in writing Declarant's right to appoint Directors; or (iii) the
occurrence of the date ten (10) years from the date of recording the Declaration, renewable for an
additional ten (10) year period with the consent of a majority of Lot Owners other than the
Declarant.
Section 1.17 "Dwellingz Unit" shall mean and refer to the individual family living
unit on an individual Lot.
Section 1.18 "Fine Assessment" means the charge established by Section 5.5.2 of
this Declaration.
Section 1.19 "Individual Assessment" means the charge established by Section 5.4
of this Declaration.
Section 1.20 "Lot" shall mean and refer to any parcel of land designated on the Plat
upon which a Dwelling Unit has been or is to be constructed. The Declarant has initially created
one hundred forty-four (144) Lots in the Subdivision and has the right to establish additional
Lots in accordance with the terms of this Declaration.
Section 1.21 "Member" shall mean and refer to all those Owners who are Members
of the Association as provided in Article IV below.
Section_1,22 "Owner" shall mean and refer to the record owner, including
Declarant, whether one or more persons or entities, of a fee simple title to any Lot located within
the Subdivision.
FED 0 4 20 iJ
BY:
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Section 1.23 . "Plat" shall mean and refer to the record plat of the Subdivision
recorded by Declarant, as the same may be amended or supplemented by Declarant from time to
time.
Section 1.24 "Planned Community Act" shall mean and refer to the North Carolina
Planned Community Act, currently codified as Chapter 47F of the North Carolina General
Statutes, as the same may be amended from time to time.
Section 1.25 "Prone " or "Subdivision" shall mean and refer to that certain real
estate described in Exhibit A and all other real estate that may be annexed into this Declaration
and the Association by the Declarant.
Section 1.26 "Recreational Facilities" shall mean and refer to the common
community and recreational facilities located upon the property or to be located thereon.
Section 1.27 Intentionally Omitted.
Section 1.28 "Regular Assessment" means the charge established by Article V of
this Declaration.
Section 1.29 `Resident" shall mean and refer to any person, not an Owner, living in
the Owner's Dwelling Unit, including, but not limited to, temporary guests and Tenants.
Section 1.30 "Restrictions" shall mean all covenants, conditions, restrictions,
casements, charges, liens and other obligations provided for in this Declaration, including,
without limitation, all notices, rules and regulations issued in accordance with this Declaration.
Section 1.31 "Roadwav Declaration" shall mean that certain Roadway Maintenance
Declaration recorded in Book _ 1R 0, Page (j ( of the Onslow County Public Registry, as the
same may from time to time be amended in the manner therein.
Section 1.32 "Rules and Reaulations" shall mean and include the rules and
regulations made from time to time by the Board of Directors as provided in Section 4.3 below.
Section 1.33 "Special Assessment" means the charge established by Section 5.2 of
this Declaration.
Section 1.34 "Special Declarant Rights" means rights reserved for the benefit of the
Declarant including, without limitations, the right (i) to complete improvements intended or
planned for the property; (ii) to exercise any development or other right reserved to the Declarant
by this Declaration or otherwise; (iii) to maintain within the Planned Community Sales Offices,
Management Offices, Construction Offices, Trailers, signs advertising the Planned Community,
and- Models; (iv) to appoint or remove any Officer or Executive Board Member of the
Association or any Member of the Architectural Review Committee during the Declarant Control
Period; (v) to annex property in accordance with the Declaration; and (vi) to make changes to
street names and address of Lots owned by Declarant.
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Section 1.35 "Tenant" means any person occupying any Lot pursuant to a written or
oral lease agreement with the Owner thereof or with any other person or entity claiming
under the Owner.
Section 1.36 "Return Water Agreement with Pluris,. LLC" shall mean the
Agreement between the Declarant and Pluris, LLC for the construction, maintenance and
operation of the return water facilities and disposal of the return water generated from the
Property and treatment of waste water from the Property as provided in Article XV1I1 of
this Declaration.
When applicable for the sense of this instrument, the singular should be read as including
the plural and the male, female, and neuter pronouns and adjectives should be read as
interchangeable.
ARTICLE H
PROPERTY SUBJECT TO THIS DECLARATION
The Property, each portion thereof, and all Dwelling Units thereon shall be held,
transferred, sold, conveyed, leased, mortgage and occupied subject to the terms, provisions,
covenants and conditions of this Declaration.
ARTICLE III
PROPERTY RIGHTS IN COMMON AREAS
Section 3.1 Owner's Easements of Enjoyment. Except as herein otherwise
provided, each Owner shall have a right and easement of enjoyment in and to the Common
Areas, which shall be appurtenant to and shall pass with the title to his Lot. Each Tenant shall
have a non -transferable right to use and enjoy the Common Areas, if any, which right shall
terminate when such person ceases to have the status of a Tenant. Such rights and privileges
shall be subject, however, to the following:
3.1.1 The right of the Board to suspend the right of any Owner or the
privilege of any Resident to use such of the Common Areas that are recreational in nature
as determined by the Board for any infraction of the Rules and Regulations relating to the
Common Areas for a period not to exceed sixty (60) days for each such infraction, or for
any non-payment or delinquency of the Assessments against such Owner's Lot for a
period not to exceed the period of such non-payment or delinquency;
3.1.2 The right of the Board to adopt and enforce and from time to time
amend reasonable limitations upon use and Rules and Regulations pertaining to the use of
the Common Areas, including regulations limiting guests of Owners and Tenants who
may use the Common Areas at any one time, .
3.1.3 All applicable provisions of valid easements and/or agreements of the
Association relating to the Common Areas.
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3.1.4 The right of the Association to grant permits, licenses and public or
private easements over Common Areas for utilities, roads and other purposes reasonably
necessary or useful for the proper maintenance or operation of the Property; or
3.1.5 The right of Declarant or the Association to dedicate or convey
portions of the Common Areas to applicable governmental authorities for park and
roadway purposes.
Section 3.2 Extension of Use. Any Owner may extend his right of enjoyment to
the Common Areas to the immediate and/or extended members of his family, his Tenants, guests
or contract purchasers of the Owner's Lot.
Section 3A Title to Common Areas, The Declarant shall convey by deed all
Common Areas to the Association in fee simple absolute after the final platting of all Lots in the
Subdivision. Any such conveyance shall be subject to taxes for the year of conveyance, and to
restrictions, conditions, limitations and easements of record.
Section_3.4 Use of Common Areas by Declarant. In addition to the specific rights
and easements reserved herein, -Declarant and its affiliates and associates shall have the same
rights of use and enjoyment of the Common Areas as the Class A Members during the
Development Period, and shall have the same right to use Common Areas for promotional, sales
and similar purposes until all of the Lois have been sold.
ARTICLE IV
HOMEOWNERS ASSOCIATION
Section 4.1 Homeowners Association. There has been or will be created a North
Carolina non-profit. corporation, known as Nautical Reach Homeowners Association, Inc., which
shall be responsible for the maintenance, management and control of the Common Areas and
upon each Lot and Dwelling Unit as more specifically set forth in this Declaration.
Section 4.2 Board of Directors and Office . The Board of Directors, and such
officers as the may elected or appointed in accordance with the Articles or the Bylaws, shall
conduct the affairs of the Association. The Board of Directors may also appoint committees and
managers or other employees and agents who shall, subject to the general direction of the Board
of Directors, be responsible for the day-to-day operation of the Association.
Section 4.3 _ Rules and Regulations. By a majority vote of the Board of Directors,
the Association may, from time to time adopt, amend and repeal Rules and Regulations with
respect to all aspects of the Association's rights, activities and duties under this Declaration. The
Rules and Regulations may, without limitation, govern use of the Subdivision, including
prohibiting, restricting or imposing charges for the use of any portion of the Subdivision by
Owners, Residents or others, interpret this Declaration or establish procedures for operation of
the Association or the administration of this Declaration; provided, however, that the Rules and
Regulations shall not be inconsistent with this Declaration, the Articles, Bylaws or the terms of
the Roadway Declaration. A copy of the Rules and Regulations, as they may from time to time
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be adopted, amended or repealed, shall be maintained in the office of the Association and shall
be available to each Owner upon request.
Section 4 4 Membership of Association. Every Owner of a Lot shall be a Member
of the Association. Such Owner and Member shall abide by the Association's Rules and
Regulations, shall pay the Assessments provided for in this Declaration, when due, and shall
comply with decisions of the Association's governing body. Conveyance of fee simple title to a
Lot automatically transfers membership in the Association without necessity of further
documents. Membership shall be appurtenant to and may not be separated from ownership of
any Lot that is subject to Assessment.
Section 4.5 Classes of Membersn. The Association shall have two (2) classes of
Membership:
4.5.1 Class A Members. Every person, group of persons, or entity which is
a record Owner of a fee interest in any Lot upon which a Dwelling Unit has been erected
within the Property, shall automatically be a Class A Member of the Association except
the Declarant during the Development Period; provided, however, that any such person,
group of persons or entity who holds such interest solely as security for the performance
of an obligation shall not be a Member. A Class A Membership shall be appurtenant to
and may not be separated from ownership of any Lot upon which a Dwelling Unit has
been constructed that is subject to Assessment. Class A Members shall be entitled to one
(1) vote for each Lot in which they hold the interest required for membership. In the
event that more than one person, group of persons or entity is the record Owner of a fee
interest in any Lot, then the vote for the membership appurtenant to such Lot portion
shall be exercised as they among themselves determine, but in no event shall more than
one (1) vote be cast with respect to any Lot. In the event agreement is not reached, the
vote attributable to such Lot shall not be cast.
4.5.2 Class B Members. The Class B Member during the Development
Period shall be the Declarant. The Class B Membership shall cease and be converted to
Class A membership upon the expiration of the Development Period.
4.5.3 Voting. Each Member shall have one vote with respect to each Lot
owned by such Member, but a Class A Member shall not be entitled to exercise any vote
until the expiration of the Development period.
Section 4.6 Maintenance Obligations of the Associa i . The Association, at its
expense, shall maintain, operate and creep in good repair, unless such obligations are assumed by
any municipal or governmental agency having jurisdiction thereof, the Common Areas and all
improvements located thereon for the common benefit of the Subdivision. This shall include,
without limitation, the maintenance; repair, replacement and painting of the following
landscaping and improvements (to the extent that such improvements or landscaping are located
upon or constitute Common Areas): (a) all private roadways, driveways, pavement, sidewalks,
walkways and uncovered parking spaces; (b) all lawns, trees, grass and landscape areas, shrubs
and fences, except as otherwise set forth hereinbelow; (c) the Recreational Facilities; (d) all
conduits, ducts, utility pipes, plumbing, wiring and other facilities which are part of or located in,
E
FEB 0 4 20119
BY:
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or for the furnishing of utility services to, the Common Areas and which are not for the exclusive
use of a single Dwelling Unit.
The Association shall make the determination as to when maintenance, repair,
replacement and care shall be done, and its determination shall be binding, Declarant shall have
the right to employ a manager to oversee and implement the Association's maintenance
obligations, and any such management fees incurred thereby shall be paid by the Association.
The Association shall also perform the other duties prescribed by this instrument or the
Association's Rules and Regulations.
Section 4.7 Maintenance Obligation of the Lot Owners. The responsibilities of
each Lot Owner shall include:
4.7.1 To clean, maintain, keep in good order, repair and replace at his or her
expense all portions of his or her Lot and Dwelling Unit. Any repair, replacement and
maintenance work to be done by an Owner must comply with any Rules and Regulations
of the Association including architectural control and visual harmony.
4.7.2 To perform his responsibilities in 'such manner so as not unreasonably
to disturb other persons residing within the Subdivision.
4.7.3 Not to paint or otherwise alter, decorate or change the appearance of
any exterior portion of his Dwelling Unit, without the written consent of the Association.
4.7.4 Not to impair the use of any easement without first obtaining the
written consents of the Association and of the Owner or Owners for whose benefit such
easements exists.
4.7.5 Each Lot Owner shall be deemed to agree by acceptance of delivery of
a deed to a Lot, to repair and/or replace at his or her expense all portions of the Common
Areas which may be damaged or destroyed by reason of his or her own intentional or
negligent act or omission, or by the intentional or negligent act or omission of any
invitee, tenant, licensee family member, including, but not limited to any repairs
necessary which result from damage incurred by pets or vehicles owned by the Lot
Owner, or owned by any guest, invitee, Tenant or licensee of such Lot Owner. To the
extent that any Common Area is damaged as an insurable loss and the proceeds from the
Association's insurance policy are utilized to pay for the loss, the Owner shall be
responsible for payment of the deductible as an Individual Assessment in accordance
with Section 5.4 and Section 7.7 below.
Section 4.8 Construction Defects. The obligations of the Association and of
Owners to repair, maintain and replace the portions of the Subdivision. for which they are
respectively responsible shall not be limited, discharged or unreasonably postponed by reason of
the fact that any maintenance, repair or replacement may be necessary to cure any latent or
patent defects in materials or workmanship in the construction of the project. The undertaking of
repair, maintenance or replacement by the Association or Owners shall not constitute a waiver of
any rights against any warrantor but such rights shall be specifically reserved. Likewise, this
Section 4.8 is not intended to work for the benefit of the person or entity responsible for the
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Page 9 of 35
construction defect. Also, performance by Association may be delayed if Association does not
have the means or the funds to repair the defect or if by repairing the defect, Association would
be compromising the right to sue to have the defect corrected and/or to collect damages caused
by the defect.
Section 4.9 Effect of Insurance or Construction Guarantees. ]Notwithstanding the
fact that the Association and/or any Lot Owner may be entitled to the benefit of any guarantee of
material and workmanship fumished by any construction trade responsible for any construction
defects, or.to benefits under any policies of insurance providing coverage for loss or damage for
which they are respectively responsible, the existence of construction guarantee or insurance
coverage shall not excuse any unreasonable delay by the Association or any Lot Owner in
performing his obligation hereunder. Likewise, this Section 4.9 is not intended to work for the
benefit of the person or entity responsible for the construction defect. Also, performance by
Association may be delayed if Association does not have the means or the funds to repair the
defect or if, by repairing the defect, the Association would be -compromising the right to sue to
have the defect corrected and/or to collect damages caused by the defect.
ARTICLE V
COVENANT FOR ASSESSMENTS
Section 5.1 Regular Assessments. Regular Assessments for the payment of the
Common Expenses shall be made in the manner provided herein, and in the manner provided in
the Bylaws. The Regular Assessment is established for the benefit and use of the Association
and shall be used in covering all of the Common Expenses. The maximum annual assessment
shall not exceed $300,00 per lot without a vote of two-thirds (2/3) of each class of members who
are voting in person or by proxy, at a meeting duly called for this purpose.
Section 5.2 Special Assessment. In addition to levying Regular Assessments, and
to the extent that the reserve. fund is insufficient, the Board of Directors may levy Special
Assessments to construct, structurally alter, or replace improvements which are a part of the
Common Areas, provided that funds shall not be assessed for any capital improvement in excess
of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) for any one item or in excess of
Five 'Thousand and 00/100 Dollars ($5,000.00) in the aggregate (for the above Cost to he
prorated among the various Members of the Subdivision) in any one calendar year ("Capital
Expenditure Limit") without the prior written consent of two-thirds (2/3) of the votes of each
Class of Members who are voting either in person or by proxy at a meeting duly called for such
purpose or unless expressly stated in the annual budget. The Board of Directors shall have the
authority to adjust the Capital Expenditure Limit annually to account for inflation, which
adjustment shall be effective each January (hereinafter referred to as the "Adjustment Date")
commencing January 1 of the next year following the year during which the sale of the first Lot
by Declarant. As of each Adjustment Date, the Capital Expenditure Limit shall be increased
from the Capital Expenditure Limit on the date of this Declaration ("Effective Date") by a
percentage equal to the percentage increase, if any, in the Consumer Price Index, All Urban
Consumers ("CPI-U"), (1982-1984=100), All Items, as compiled and published by the Bureau of
Labor Statistics, U.S. Department of Labor ("CPI") from the Effective Date to the Adjustment
Date. If after the date of this Declaration the CPT "is converted to a different standard reference
1�
FEB 0 4 26 r
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made with the use of such conversion factor, formula or table for converting the CPI as may be
published by any other nationally recognized publisher or similar statistical information reflected
by the Board, Until the expiration of the Development Period or the date on which Declarant no
longer owns a Lot, whichever is earlier, Declarant shall be one of the consenting Members, or
the capital improvement shall not be made. The Board of Directors shall calculate each Lot's
proportionate share of the Special Assessment for the capital improvements, and shall give the
Lot Owner(s) written notice of the proportionate share and of the date(s) that the special
Assessmeni is due and payable. Notwithstanding the foregoing, Declarant shall have no
obligations to pay any Special Assessment with respect to any Lot owned by it unless there is a
Dwelling Unit located upon the Lot that is occupied as a residence.
Section 53 Intentionally Omitted.
Section 5:4 Individual Assessment. In the event that the need for maintenance,
repair or replacement of any improvement on the Property, for which the Association has the
maintenance, repair and/or replacement obligation, is caused through the willful or negligent act
of an Owner, his family, his pet(s), Resident, the cost of such maintenance, repairs or
replacements shall be paid by such Owner. 'The Board shall have the maintenance, repair or
replacement done and the cost thereof shall be provided by the Board to said Owner and shall be
paid by said Owner within thirty (30) days thereafter, unless an earlier date is otherwise set forth
herein.
Section 5.5 Date of Commencement of Assessments; Due Dales; Determination of
Regular Assessments; Fine Assessments.
5.5.1 The monthly/Quarterly Regular Assessment provided for herein shall
commence as to each Owner of a Lot, except Declarant, on the first day of the month
following the conveyance of the Common Area(s) to the Homeowner's Association. The
first annual assessment shall be adjusted according to the number of months remaining in
the calendar year. The Board of Directors shall fix the amount of the annual assessment
against each Lot at least thirty (30) days in advance of each annual assessment period.
Written note of the annual assessment shall be sent to every Owner subject thereto. The
due dates shall be established b the Board of Directors. The Association shall, upon
demand, and for a reasonable charge, furnish a certificate signed by an officer of the
Association setting forth whether the assessments on a specified Lot have been paid. A
properly executed certificate of the Association as to the status of assessments on a Lot is
binding upon the Association as of the date of its issuance,
5.5.2 The Board of Directors, or an adjudicatory panel established by the
Board of Directors, may levy a reasonable Fine Assessment, as a fine or penalty for
violation of this Declaration, all in accordance with the Planned Community Act. A lien
may be filed for this Fine Assessment and this Fine Assessment may be enforced by -
foreclosure and otherwise treated as a Regular Assessment.
5.5.3 If the Association is paying the water and/or sewer bill(s) or the
monthly Return Water Facility operation and maintenance fee to Pluris, LLC for the
Subdivision or any Lot Owner within the Subdivision, the Association may assess each
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Lot Owner benefited for its share of the water and/or sewer bill(s) and the Return Water
Facility operation and maintenance fee. Each Lot Owner shall bear an equal share of.the
bill, but the Association can assess an extra amount against a Lot Owner to recover the
cost of any extraordinary amount of water used by that Lot Owner. "Extraordinary" shall
be as determined by the discretion by the Board of Directors. The Assessment for water
and sewer shall be parr of the Regular Assessment and shall be considered a Common
Expense.
5.5.4 Both Regular and Special Assessments for a Lot Owner shall be
determined by the Association based upon the proportion that each Lot bears to the
aggregate number of Lots located on the Property, except those owned by Declarant
which are not assessed in accordance with Section 5.5.1 above. The Association's
governing body may, at its discretion, waive the Regular Assessment for any year or part
of a year for any Lot not occupied as a residence.
Section 5.6 _Billint=. The Association shall inform each Lot Owner of the amount
of the total Regular Assessment due from the Owner of that particular Lot. This Regular
Assessment may be paid in monthly installments or as otherwise required by the Association.
The Owner of each Lot must pay his Lot's required Regular Assessment in advance on the first
calendar day of each month, unless the Association otherwise directs. Payment is to be made to
such person at such an address as Association determines. Special Assessments are due thirty
(30) days after the bill for the Special Assessment has been mailed or otherwise sent out by
Association, unless the Association otherwise directs. The Owners of the initial Lots in the
Subdivision, except Declarant, shall be obligated to begin paying the Regular Assessment as of
the first day of the initial conveyance of the Lot from Declarant to the Owner. If the Subdivision
is expanded and additional, Lots are brought into the Subdivision during a given Assessment
year, those additional Lots shall begin paying the Regular Assessment on the first day of the
initial conveyance of the Lot from Declarant to the Owner.
Section 5.7 Common. Surplus. If the Regular Assessment collected in any given
year is in excess of the actual Common Expenses for that year, the Board may, at its sole
discretion (a) return each Owner's share of the Common Surplus; (b) credit each Owner's share
of the Common Surplus to each Owner's payment as for the Regular Assessment for the
following year; or (c) apply the Common Surplus to the reserve.
Section 5,8 Assessment Certificate. The Association shall, upon demand, at any
reasonable time, famish to any Owner liable for Assessments a certificate in writing signed by an
Officer or other authorized agent of the Association, setting forth the status of said Assessments;
i.e., "current", and if not current, "delinquent" and the amount due. Such certificate shall be
conclusive evidence of the payment of any Assessment therein stated to have been paid. A
reasonable charge to cover labor and materials may be made in advance by the Association for
each certificate.
Section 5.9 Books and Records of the Association. The Association shall keep full
and correct books of account. The Association shall make available to all Lot Owners and the
holders of all first mortgages on Lots, current copies of the books, records and financial
statements of the Association upon reasonable request during normal business hours. All funds
ii
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collected by the Association shall be held and expended solely for the purposes designated by
this Declaration and shall be deemed to be held for the use, benefit and account of the
Association and all of the Lot Owners. All books and records must be kept in accordance with
good accounting procedures and must be reviewed at least once a year by an independent
accounting firm.
Section 5.10 Non -Payment of Assessment. Any Assessments levied pursuant to
these covenants which is not paid on the date when due shall be delinquent and shall, together
with such interest and other costs as set out elsewhere in this Declaration, thereupon become a
continuing lien upon the Lot which shall bind the Lot in the hands of the then Owner and the
Owner's successors and assigns.
If the Assessment is not paid within thirty (30) days after the due date, the Assessment
shall bear interest at a reasonable rate of ten percent (10%) per year or at such other reasonable
rate set by Association in its minutes, not to exceed the maximum amount allowed by law, and
the Association may bring an action at law against the Owner personally obligated to pay the
same and/or foreclose the lien against the Lot, in either of which events interest, costs and
reasonable attorneys' fees shall be added to the amount of each Assessment. No Owner may
waive or otherwise escape liability for the Assessments by non-use or waiver of use of the
Common Areas or by abandonment of his Lot.
Section 5.11 Priority of Association Lien. The lien provided for in this Article V
shall take priority over any lien or encumbrance subsequently arising or created, except liens for
real estate taxes and assessments and liens of bona fide first mortgages which have been filed of
record before a claim of this lien hereunder has been docketed in the office of the clerk of
superior court in Onslow County, and may be foreclosed in the same manner as a mortgage on
real property under power of sale in an action brought by the Association in accordance with the
Planned Community Act. The Association is entitled to recover its reasonable attorneys' fees
and court costs and collection costs, as -part of the lien. In any such foreclosure action, the
Association shall be entitled to become a purchaser at the foreclosure sale.
Section 5.,1.2_ Disputes as to Common Expenses; Adjustments. Any Owner who
believes"that the portion of Common Expenses chargeable to his Lot, for which an assessment
lien has been filed by the Association, has been improperly charged against his or her Lot, may
bring action in an appropriate court of law.
Section 5.,13 _ Purchaser at Foreclosure Sale Subject to Declaration, Bylaws, Rules
and Regulations of the Association. Any purchaser of a Lot at a foreclosure sale shall
automatically became a Member of the Association and shall be subject to all the provisions of
this Declaration, the Bylaws and the Rules and Regulations.
Section 5.14 _ Non -Liability of Foreclosure Sale Purchaser for Past Due Common
Expenses. When the holder of a first mortgage or first deed of trust of record or other purchaser
of a Lot acquires title to the Lot as a result of foreclosure of the first mortgage first deed of trust
or by deed in lieu of foreclosure, such acquirer of title, his, her or its successors and assigns, shall
not be solely liable for the share of the Common Expenses or other Assessments by, the
Association chargeable to such Lot which became due prior to the acquisition of title to the Lot
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by such acquirer, other than Assessments for which a claim of lien has been docketed with the
Onslow County cleric of superior court prior to the recordation of the lien being foreclosed. Such
unpaid share of Common Expenses or Assessments shall be deemed to be Common Expenses
collectible from all of the Lots, including that of such acquirer, his, her or its successors or
assigns. This provision shall not relieve the party acquiring title or any subsequent Owner of the
subject Lot from paying future Assessments.
Section 5.15 Liability for Assessments Upon_ Voluntary Conveyance. In a
voluntary conveyance of a Lot, any grantee or his or her first mortgagee shall inform the Board
of Directors in writing of such contemplated conveyance and such grantee or first mortgagee
shall be entitled to a statement from the Board of Directors of the Association setting forth the
amount of all unpaid Assessments (including current Assessments) against the grantor due the
Association. Neither the grantee nor the mortgagee shall be personally obligated for any
delinquent Assessments, but such delinquent Assessments, along with interest, late charges, costs
and reasonable attorneys fees shall be a lien against the Lot in accordance with Section 5.10 and
Section 5.11 herein.
Section 5.16 Late Charge. ne Association may impose a charge against any Lot
Owner who fails to pay any amount assessed by the Association against his Lot within ten (10)
days after such Assessments are due and payable and who fails to exercise his rights under this
Declaration or under the laws of the State of North Carolina to successfully contest such
Assessment. The amount of the late charge shall be the greater of (a) twenty and 001100 Dollars
($20.00), or (b) twenty percent (20%) of the delinquent amount, or such other amount as may be
determined by the Association from time to time. Additionally, if a Lot Owner shall be in
Default in payment of an installment upon an assessment or of a single monthly assessment, the
Association has the right to accelerate all monthly Assessments remaining due in the current
fiscal year. The total of such Assessments, together with the delinquent Assessments shall then
be due and payable by the Lot Owner no later than ten (10) days after the delivery of written
notice of such acceleration to the Lot Owner or twenty (20 days) days after mailing of such
notice to him by certified mail, whichever occurs first. If such acceleration amount is not paid
by the due date, the above -described late charge may be imposed on the part of such accelerated
amount not paid by the due date.
Section 5.17 Miscellaneous.
5.17.1 The Association may change the interest rate due on delinquent
Assessments (including any late charges), except that the rate cannot be changed more
often than once every six (6) months. As of its effective date, the new interest rate will
apply to all Assessments then delinquent.
5.17.2 The Owner has the sole responsibility of keeping the Association
informed of the Owner's current address if different from the Lot owned. Otherwise
notice sent by Association to the Lot is sufficient for any notice requirement under this
Declaration.
5.17.3 The lien under this Article V arises automatically, and no notice of lien
need be recorded to make the lien effective.
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5.17.4 The Assessment lien includes all collection costs, including demand
letters, preparation of documents, reasonable attorneys' fees, court costs, filing fees,
collection fees, and any other expenses incurred by the Association in enforcing or
collecting the Assessment.
5.17.5 Any Assessment otherwise payable in installments shall become
immediately due and payable in full without notice upon Default in the payment of any
installment. The acceleration shall be at the discretion of the Board.
5.17.6 No Owner of a hot may exempt himself or herself from liability for his
or her contribution toward the Common Expenses by waiver of the use or enjoyment of
any of the Common Areas or by the abandonment of his or her Lot.
5.17.7 `Phis Section 5.17 applies to every type of Assessment.
ARTICLE VI
EASEMENTS AND ENCUMBRANCES
Section 6.1 Easement for Encroachments. The Dwelling Units, all utility lines,
and all other improvements as originally constructed by or on behalf of Declarant or its assigns
shall have an easement to encroach upon any setback, Lot or Common Area as a result of the
location of the building, utility lines and other improvements across boundary lines between and
along Lots and/or the Common Areas, or as a result of building or improvement movement or
alterations or additions from time to time, provided that such alterations or additions have
complied with the requirements of this Declaration.
Section_6.2 Lot's Utility Easements. Easements are granted in favor of each Lot
Owner to and throughout the Common Areas and, if necessary, the setback areas of any other
Lots, as may be necessary for the installation, maintenance, repair and use of underground water,
gas, sewer, power and other utilities and services including power and communication, now or
hereafter existing, including maintaining, repairing and replacing any pipes, wires, ducts,
conduits, equipment, fixtures, utility, power or communication lines or equipment, or other
components. The foregoing notwithstanding, no Lot Owner (other than Declarant) may exercise
the easement rights reserved in this Section 6.2 without the prior written approval of the Board as
described in Section 6.6 below and the Declarant, so long as it owns a Lot in the Subdivision.
. Section 63 _ Utility Easements. Easements are reserved and/or granted hereby in
favor of the Declarant and/or the Association through each Lot (provided that such easements
shall not materially and unreasonably interfere with the use of any dwelling located upon any
Lot) and the Common Areas for the purpose of installing, laying, maintaining, repairing and
replacing any pipes, wires, ducts, conduits, equipment, fixtures, utility, power or communication
lines or equipment, or other components throughout the Common Areas, Without Iimiting any
other provision in this Article 6, it is understood that Declarant's easement rights reserved herein
may be utilized for the benefit of property within or outside of the Subdivision. Each Lot Owner
and/or his respective mortgagee by acceptance of a deed conveying such ownership interest and
each mortgagee encumbering such ownership interest, as the case may be, hereby irrevocably
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appoint Declarant, or the Association, as the case may be, as his attorney in fact, coupled with an
interest, and authorize, direct and empower such attorney, at the option of the attorney, to
execute, acknowledge and record for and in the name of such Lot Owner and his mortgagee,
such easements or other instruments as may be necessary to effect the purpose of this Section
63, The easements may be assigned and/or granted by the Declarant and/or the Association to
any utility or service company.
Sectiop_6.4_ _ _ General Easements. An easement is hereby reserved and/or granted in
favor of the Declarant and/or the Association in, on, over and through the Common Areas; the
Lots and/or Dwelling Units for the purposes of maintaining, cleaning, repairing, improving,
regulating, operating, policing, replacing and otherwise dealing with the Common Areas, Lots
and/or Dwelling Units, including all improvements thereon as required or permitted by the
Constituent Documents or applicable law. An easement is hereby reserved in favor of Declarant
over the Common Areas for the purpose of advertising or promoting sales of Lots or Dwelling
Units in the Subdivision.
Section 6.5 Access Easement. Appurtenant to each Lot is an easement over any
Common Area for necessary pedestrian and vehicular ingress and egress to and from any such
Lot over the Common Areas, to and from a thoroughfare. The easement shall be over such
walkways, driveways, or other ways as are designated by the Declarant and/or the Association
and shall be subject to the terms of the Constituent Documents.
Section 6.6 Use of Easement. Any use of the rights and easements granted and
reserved in this Article VI shall be reasonable. If any damage, destruction, or disturbance occurs
to a Lot or Common Area as a result of the use of any easement or right, the Lot or Common
Area shall be.restored by, or at the direction of, the Association promptly in a reasonable manner
at the expense of the person or persons making the use of the easement or right that resulted in
the damage, destruction or disturbance. Before beginning work, Association may require all or
any part of the expected expense to be prepaid by that person or those persons liable for the
expense. Additionally, should any Lot Owner other than Declarant elect to exercise its easement
rights hereunder, it shall be required to obtain the Board's prior written approval (not to be
unreasonably withheld), after providing the Board with detailed plans of its proposed work, as
well as evidence of appropriate insurance and other such reasonable information or assurances as
the Board may require. No easement may be granted across, through, over, or under any Lot or
Common Area, which materially restricts ingress and egress to the Lot or Common Area, unless
reasonable alternate ingress and egress is provided or unless the restrictions is only temporary.
All easements reserved hereunder shall be perpetual and non-exclusive.
Section 6.7 _ _ Reservation _of Access Easement by Declarant. Declarant reserves an
easement for itself, its grantees, successor and assigns, to enter upon the Subdivision for access,
including ingress and egress for both vehicles and pedestrians, to and from any public street,
road, land, walkway or right-of-way. The easement shall be over the streets, sidewalks, bridges
and other access ways of the Subdivision, Declarant further reserves the right to connect, at
Declarant's expense, to any street, roadway, walkway or other means of access that are located
on the Common Areas of the Subdivision. This reservation of access easements and the right of
connection should be construed liberally in favor of the Declarant, in order to facilitate the
development of all or any portion of Canons Edge Subdivision and any additions thereto.
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Section 6.8 Intentionally Omitted.
Sections Reservation, of Construction Easernent by Declarant. The Declarant
reserves the non-exclusive right and easement to temporarily go upon the Subdivision in order to
complete the development of the Subdivision and the construction of the improvements to be
located therein, and to develop other neighboring land. The easement should be construed
broadly in favor of the Declarant, including giving Declarant the right to store temporarily
construction materials, equipment or dirt. After the construction is finished, Declarant must, at
Declarant's cost, repair any damage done to the Subdivision including to any landscaping. As
soon as reasonably possible after Declaration has completed construction on the neighboring
land, Declarant must remove all debris, equipment, materials and dirt from the Subdivision.
Section 6. 10 Roadway Easement. Pursuant to the Roadway Declaration, Declarant
has reserved for the benefit grants to all Lot Owners the non-exclusive right of ingress and egress
on, over and across all public and private roadways (the "Roadways") located on or to be located
on a portion of the Subdivision which private roadways extend between one or more publicly
dedicated streets. Roadways (other than those (if any) that have been accepted by applicable
governmental authorities for maintenance, constitute Common Areas and shall be maintained,
insured, and repaired by the Association in accordance with this Declaration and the Roadway
Declaration: Notwithstanding the foregoing to the contrary, no part of the Roadway shall be
dedicated or transferred to a unit of local government without acceptance of the unit of local
government involved.
Section 6.11 Declarant's Easements: General. The easements and grants reserved
for and granted to the Declarant also benefit and bind any heirs, successors and assigns of
Declarant and their respective guests, invitees or lessees, including, without limitation, assignees
of Declarant who do not own property within Canons Edge.
Section 6.12 Easements, to Run with Land. All easements and rights described in
this Article VI are easements appurtenant, running with the land, perpetually in full force and
effect, and at all times shall inure to the benefit of and be binding on the Declarant, its successors
and assigns, and any Owner, purchaser, mortgagee, and other person or entity now or hereafter
having an interest in the Subdivision, or any part or portion of it.
Section 6.13 Reference to Easements and Deeds. Reference in the respective deeds
of conveyance or any mortgage or trust deed or other evidence of obligation, to the easements
and rights described in this Declaration, shall be sufficient to create and reserve such easements
and rights to the respective grantees, mortgagees and trustees in said instruments as fully and
completely as those such easements and rights were recited fully and set forth in their entirety in
such instruments.
ARTICLE VII
INSURANCE
Section 7.1 General Insurance, In addition to such insurance as is required to be
maintained by the Association pursuant to the Roadway Declaration, the Association shall carry
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a master policy of fire and extended coverage, vandalism, malicious mischief and liability
insurance, and if required by law, workmen's compensation insurance with respect to the
Subdivision and the Association's administration thereof in accordance with the following
provisions:
T 1.1 The Association shall purchase a master policy for the benefit of the
Association, the Lot Owners and their mortgagees as their interest may appear, subject to
the provisions of this Declaration and the Bylaws. The "master policy" may be made up
of several different policies purchased from different agencies and issued by different
companies.
7.1.2 All Common Areas now or at any time hereafter constituting a part of
the Subdivision shall be insured against fire and other perils covered by a standard
extended coverage endorsement, in an amount not less than one hundred (100%) percent
of the replacement value thereof, with a deductible agreed to by the Board of Directors,
exclusive of the cost of the land, foundations, footings, excavation, and architect's fees,
without deduction for depreciation. The policy shall have cost of demolition, water
damage (excluding floods, backing up of sewers and drains, the running off of surface
water, and the overflow of a body of water), and agreed amount endorsements and a
deductible on any single loss or group of losses within one year in such amounts as shall
be found reasonable by the Board of Directors, after carefully considering and comparing
the increased premium costs resulting from a low deductible with the lower premium
costs but higher per loss risk resulting from a high deductible', together with all other
pertinent factors. The policy providing such coverage shall provide that no mortgagee
shall have any right to apply the proceeds thereof to the reduction of any mortgage debt.
Such policy shall provide coverage for built-in fixtures and equipment in an amount not
less than one hundred percent (100%) of the replacement cost thereof (subject to the
deductible provisions described above) and shall also provide that the insurer shall have
no right to contribution from any insurance which may be purchased by any Lot Owner
as hereinafter permitted. Such policy shall also contain either a waiver by the insurer of
any increased- hazard clause, a severability of interest endorsement, or a provision stating
that the coverage will not be affected by the act, omission or neglect of any person unless
such act, omission or neglect is within the knowledge and control of the Association prior
to the occurrence of the loss. Such policy shall not provide coverage for any items of
personal property owned by any Lot Owner.
7.1.3 Such master policy of insurance shall contain provisions requiring the
issuance of certificates of coverage and the issuance of written notice to the Association
and to any mortgagee or mortgagees of any Lot Owner not less than thirty (30) days prior
to any expiration, substantial modification or cancellation of such coverage.
MA A Such insurance by the Association shall not prevent an Owner of a Lot
to obtain insurance on its own property, but no Lot Owner may at any time purchase
individual policies of insurance covering any item which the Association is required to
insure. If any Lot Owner does purchase such a policy, he or she shall be liable to the
Association for any damages, expenses or losses which it suffers or incurs as a result
thereof, and the Association shall have the same lien rights provided by Article V hereof
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for Common Expense payments with respect to any such damages, expenses or losses not
paid to it by such Owner.
7.1.5 The Board of Directors shall review the insurance coverage required
under this Section 7.1 at least annually, and if any of such insurance coverage becomes
impossible or impractical to obtain, the Association shall obtain coverage that most
closely approximates the required coverage with the deductible provisions as determined
by the Board of Directors. In any event, all such insurance must comply, at a minimum,
with the applicable requirements set forth in the North Carolina Planned Community Act.
7.1.6 If the required insurance coverage under this Section 7.1 ceases to
exist for any reason whatsoever, any mortgagee of any portion of the Subdivision may
remedy that lack of insurance by purchasing policies to supply that insurance coverage.
The funds so advanced shall be deemed to have been loaned to the Association; shall bear
interest at a per annum rate two percent (2%) higher than the basic interest rate in any
note secured by the mortgagee's mortgage against a portion of the Subdivision; and shall
be due and payable to the mortgagee by the Association immediately. The repayment of
this obligation shall be secured by a Special Assessment against all Lot Owners under
Article V of this Declaration and shall not require a vote of the Members of the
Association, anything to the contrary in this Declaration notwithstanding.
7.1.7 The Association shall also maintain liability insurance in reasonable
amounts, covering all occurrences commonly insured against for death, bodily injury, and
property damage arising out of or in connection with the use, ownership, or maintenance
of the Common Areas. The Association shall try to have its liability insurance contain
cross -liability endorsements or appropriate provisions to cover liability of the Lot
Owners, individually and as a group (arising out of their ownership interest in the
Common Areas), to another Lot Owner,
Section 7.2 Fidelity Insurance. The Association must have fidelity coverage
against dishonest acts on the part of Officers and employees, Members of the Association,
members' of the Board, trustees, employees or volunteers responsible for the handling of funds
collected and held for the benefit of the Lot Owners. The fidelity bond or insurance must name
the Association as the named insured and shall be written in an amount sufficient to provide
protection which is in no event less than the insured's total Regular Assessment, plus all
accumulated reserves and all other funds held by the Association either in its own name or for
the benefit of the 1 of Owners.
Section 7.3 Directors'_ and Officers'_ Errors and Omissions Insurance. The
Association shall purchase insurance to protect itself and to indemnify any Director or Officer,
past or present against expenses actually and reasonably incurred by him/her in connection with
the defense of any action, suit or proceeding, civil or criminal, in which he is made a party by
reason of being or having been such Director or Officer, except in relation to matters as to which
he shall be adjudged in such action, suit or proceeding to be liable for negligence or misconduct
in the performance of duty to the Association; or to obtain such fuller protection - and
indemnification for Directors and Officers as the law of North Carolina permits. The policy or
policies shall be in an amount to be reasonably determined by the Association,
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Section 7.4 Premiums. All premiums upon insurance purchased by the
Association shall be Common Expenses. Notwithstanding the foregoing, the Lot Owners maybe
responsible for certain deductibles to the insurance policies purchased by the Association as
outlined in Section 7.1 and Section 7.7 herein.
Section 7.5-_ Proceeds. Proceeds of all insurance policies owned by the Association
shall be received by the Association for the use of the Lot Owners and their mortgagees as their
interest may appear; provided, however, the proceeds of any insurance received by the
Association because of property damage shall be applied to repair and reconstruction of the
damaged property, except as may otherwise be permitted by this Declaration.
Section 7.6 Power of Attorney. Each Lot Owner shall be deemed to appoint the
Association as his true and lawful attorney -in -fact to act in connection with all . matters
concerning the maintenance of the master policy or any other insurance policy obtained by the
Association. Without limitation on the generality of the foregoing, the Association as said
attorney shall have full power and authority to purchase and maintain such insurance, to collect
and remit the premiums the to collect proceeds and to distribute the same to the
Association, the Lot Owners and their respective mortgagees as their interest may appear, to
execute releases of liability and to execute all documents and to do all things on behalf of such
Lot Owners and the Subdivision as shall he necessary or convenient to the accomplishment of
the foregoing; and any insurer may deal exclusively with the Association in regard to such
matters.
Section 7.7 Responsibility of Lot Owner. The Association shall not be responsible
for procurement or maintenance of any insurance covering any Lot or Dwelling Unit, or the
contents of and Lot or Dwelling Unit nor the liability of any Lot Owner for injuries not caused
by or connected with the Association's operation, maintenance or use of the Common Areas or
other property located in the Subdivision. Each Lot Owner shall, at his or her own expense,
obtain public liability insurance for personal injuries or damage arising out of the use and
occupancy of or occurring within his Lot or Dwelling Unit. In addition, each Lot Owner shall
maintain fire and extended coverage insurance on his Dwelling Unit, and the contents of his
Dwelling Unit. The Association may request the Lot Owner to provide a copy of the policy(s) to
the Association evidencing this insurance coverage at any time.
Each Lot Owner agrees that if any Owner(s) damages a building or other improvements
now or at any time hereafter constituting a part of the Common Areas of the Subdivision which
is covered under the Association's insurance policy, the Owner or Owners causing such damage
shall be responsible for paying the lesser of. (a) the insurance deductible due under the
Association's insurance policy; or (b) the cost to repair and/or replace any damage to a building
or other improvements, which amount shall be due within ten (10) days after the delivery of
written notice of such deductible due or replacement/repair costs by the responsible Lot
Owner(s) or twenty (20) days after mailing of such notice by certified mail, whichever occurs
first. In the event a Lot Owner refuses or fails to pay the insurance deductible or
replacement/repair costs in the time period provided in the preceding sentence, the amount
thereof may be advanced by the Association and the amount so advanced by the Association
shall be assessed to such Owner as an Individual Assessment, which shall be due and payable
following seven (7) days written notice. .
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Page 20 of 35
Section 7.8 Release. All policies purchased under this Article V11 by either the
Association or the individual Lot Owners shall provide for the release by the issuer, thereof, of
any and all rights of subrogation or assignment and all causes and rights of recovery against any
Lot Owners, member of their family, their employees, their tenants, servants, agents and guests,
the Association, any employee of the Association, the Board, or any occupant of a Dwelling Unit
in the Subdivision, for recovery against any one of them for any loss occurring to the insured
property resulting from any of the perils insured against under the insurance policy.
Section 7.9 Approximate Coverage. If any of the required insurance coverage
under this Article VIl becomes or is impossible to obtain or can be obtained only at an
unreasonable cost, the Association shall obtain coverage which most closely approximates the
required coverage, if such substitute insurance is available.
Section 7.10 Additional Policy Requirgaents. All such insurance coverage
obtained by the Association shall be written in the name of the Association, for the use and
benefit of the Association, the Lot Owners and their mortgagees, as further identified below.
Such insurance shall be governed by the provisions hereinafter set forth:
7.10.1 Exclusive authority to adjust losses under policies in force on the
Subdivision obtained by the Association shall be vested in the Association provided,
however, that no mortgagee having an interest in such losses may be prohibited from
participating in the settlement negotiations, if any, related thereto.
7.10.2 In no event shall the insurance coverage obtained by the Association
hereunder be brought into contribution with insurance purchased by individual Owners,
occupants, or their mortgagees, and the insurance carried by the Association shall be
primary.
7,10.3 All casualty insurance policies shall have an agreed amount
endorsement with an annual review by one or more qualified persons.
7.10.4 The Association shall be required to make every reasonable effort to
secure insurance policies that will provide for the following:
7.10.4.1 a waiver of subrogation as discussed in Section 7.8;
7.10A.2 that no policy may be canceled, invalidated, or suspended on
account of the acts of any one or more individual Owners;
7.10.4.3• that no policy may be canceled, invalidated or suspended on
account of the conduct of any Director, officer or employee of the Association or
its duly authorized manager without prior demand in writing delivered to the
Association to cure the defect and the allowance of a reasonable time thereafter
within which the defect may be cured by the Association, its manager, any Owner
or mortgagee; and
7.10.4.4 that any "other insurance" clause in any policy exclude
individual Owner's policies from consideration.
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ARTICLE VIII
ASSOCIATION
Section 8.1 Association. The administration of the Subdivision shall be vested in
the Association. The Owner of any Lot, upon acquiring title, shall automatically become a
Member of the Association and shall remain a Member until such time as his ownership of such
Lot ceases for any reason, at which time his membership in the Association shall automatically
cease. The Association shall have full power and responsibility to administer, operate, sustain,
maintain, and govern the Subdivision including but not limited to, the powers and
responsibilities to make prudent investments of funds held by it; to make reasonable Rules and
Regulations; to borrow money; to make Assessments; to bring lawsuits and defend lawsuits; to
enter into contracts; to enforce all of the provisions of this Declaration, the Bylaws and any other
documents or instruments relating to the establishment, existence, operation, alternation of the
Subdivision. The powers of the Association shall be construed liberally and shall include,
without limitation, all of the powers set forth in Section 47F-3-102 of the Planned Community
Act.
Section 8.2 Board of. Directors. Unless otherwise specifically stated in this
Declaration, the Association shall act exclusively through its Board of Directors (the "Board").
The Association in accordance with the Bylaws shall choose the Board. The Board shall be
authorized to delegate the. administration of its duties and powers by written contract to a
managing agent or administrator employed for that purpose by the Board.
Section_ 8.3 Limitations on Association's Dutics.
8.3.1 The Association did not construct the improvements, including the
Dwelling Units. The Association does not warrant in any way or for any purpose, the
improvements in the Subdivision. Construction defects are not the responsibility of the
Association.
8.3.2 The Association shall have a reasonable time in which to make any
repair or do any other work, which it is required to do under the Constituent Documents.
The Association must first have actual knowledge of a problem. Any determination of
the reasonableness of the Association's response, must allow for the facts that the
Association is volunteer and that the funds available to the Association are limited.
8.3.3 . In case of ambiguity or omission, the Board may interpret the
Declaration and the other Constituent Documents, and the Board's interpretation shall be
final if made without malice or fraud. Notwithstanding the foregoing, the Declarant may
overrule any interpretation affecting it, for so long as Declarant owns any portion of the
Property and such interpretation cannot be enforce against the Declarant, its successors or
assigns.
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Page 22 of 35
ARTICLE LX
HARN'IONY, ENVIRONMENTAL CONTROLS
Section 9.1 _ Architectural Control Committee. Except for original construction
perforated by or on behalf of Declarant or as otherwise in these covenants provided, no building,
fence, electric pet fence, sidewalk, drive, mailbox, or other structure, or improvement or
anything attached thereto visible from the outside of the structure or improvement (including,
without limitation, storm doors, windows, drapes or window coverings) shall be erected, placed,
altered, or maintained within the Subdivision nor shall any exterior addition to or change
(including any change in color) or alteration therein be made until the proposed building plans,
specifications, exterior color and finish, plot plans (showing the proposed location of such
building or structure, drives and parking areas), general contractor and all subcontractors, and
construction schedule shall have been submitted to and approved in writing by the Board of
Directors of.the Association, or by any architectural control committee appointed by said Board
of Directors. Refusal of approval of plans, location or specification by said Board of Directors or
architectural control committee may be based upon any reasonable ground, including, without
limitation, lack of harmony of external design, color, location or relation to surrounding
structures and topography and purely aesthetic considerations which, in the discretion of said
Board of Directors or architectural control committee shall deem sufficient, After approval by
the Board of Directors or architectural control committee is given, no alterations may be made in
such plans except by and with their prior written consent. One copy of all plans, specifications
and related data shall be famished the Board of Directors or architectural control committee for
its records. Declarant shall be the Architectural Control Committee during the development
period unless said duties are transferred to the Homeowner's Association by Declarant during the
said development period.
ARTICLE X
USE RESTRICTIONS
Section 10.1 Use and Occupancy. The Association shall make Rules and
Regulations to govern the use and occupancy of the Subdivision. In addition, the following
covenants, conditions, and restrictions, as to use and occupancy shall run with the land and shall
be binding upon each Lot Owner, his heirs, tenants, licensees and assigns.
Section 10.2_ Pttmose of Subdivision. Except as otherwise provided in this
Declaration, no part'of the Subdivision shall be. used for other than housing and the common
recreational purposes for which the property was designed, and each Lot shall be used only for
residential purposes, unless the Board of Directors authorizes some other use. Except for the
construction, sales and management activities (including, without limitation, the right of
Declarant to maintain one or more model Dwelling Units, or sales offices) of the Declarant, no
business, trade, industry, occupation or profession of any kind, whether for profit or not for
profit, may be conducted, maintained, or permitted on any part of the Subdivision property. To
the extent permitted by law, an Owner may use a portion of his or her Dwelling Unit for an
office or studio (other than a music and/or dance studio) provided that the activities conducted
therein shall not interfere with the quiet enjoyment or comfort of any other owner or occupant;
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and provided further that such activities do not increase the normal flow of traffic or individuals
in and out of the Subdivision or in and out of said Owner's Lot.
Section 10.3 Obstruction of Common Areas. There shall be no storage or parking
of any items, including baby carriages, playpens, bicycles, wagons, toys, vehicles, benches or
chairs in any part of the Common Areas, except as permitted by the Rules and Regulations.
Patios porches (except screened in and/or enclosed porches) and decks, may be used only for
their intended purposes.
Section 10.4 Parking. Except for vehicles being used by persons providing services
to the Declarant, the Association, the Lot Owners or otherwise used or authorized to be used at
the Subdivision by the Declarant, no part of the Subdivision may be used for the parking of any
trailer coach, house trailer, mobile home, automobile trailer, motorcycle, camp car, recreational
vehicle, camper, truck which exceeds 3/4 ton, boat, boat trailer, or any vehicle with letters or
other markings over four inches tall or wide, or any other similar vehicle (collectively, "Special
Vehicles"), unless such Special Vehicles are parked in the garage of the Lot Owner who owns
such Special Vehicle and the garage door of such Lot Owner is completely closed at all times
when a Special Vehicle is parked therein. Operative vehicles, other than Special Vehicles, used
by a resident of a Lot as a primary source of transportation may be parked in the driveway of
such Lot Owner or in any garage space owned by the Owner of such Lot. However, the residents
of any one Lot may not collectively park more than four (4) operative vehicles other than Special
Vehicles in the Subdivision. Inoperative vehicles may not be parked within the Subdivision
unless these inoperative vehicles are parked in the garage and the garage door is completely
closed. No auto maintenance and/or repairs may be performed' on the Subdivision except if
performed inside the garage of a Lot Owner. Vehicles, whether owned by a Lot Owner or not,
parked in violation of any part of this Declaration or in violation of any Rules or Regulations,
shall be towed away and stored at the Owner's risk and expense. By parking in the Project, the
Owner of the vehicle or other vehicle user hereby waives any claim against the Association
resulting directly or indirectly out of the towing, unless the towing can be shown beyond a
reasonable doubt to have been done maliciously by the Association. Note that the Association is
not obliged to try to determine the owner of a vehicle and first give notice, before towing the
vehicle. If a Lot Owner is not sure about the right to park at any particular area or space, the Lot
Owner should request, in writing, a written opinion from the Board. if the Board gives the
approval sought by the Lot Owner or if the Board does not answer the written request by the
Board, the Lot Owner may park in the space until further written notice to the contrary from the
Board. Note that the Association's right to tow a vehicle includes the right to immobilize it.
Section 10.5 Compliance With Insurance ,Policies and Waste. Nothing shall be
done or kept in any Dwelling Unit, in the Common Areas or on a Lot which will increase the rate
of insurance of the buildings, or contents thereof, applicable for residential use, without the prior
written consent of the Association. No Lot Owner shall permit anything to be done or kept in his
or her Dwelling Unit, in the Common Areas or on a Lot which will result in the cancellation of
insurance on the buildings, or contents thereof, or which would be in violation of any law. No
waste will be committed in the Common Areas. All laws shall be obeyed,
Section 10.6 Exterior Surfaces of Buildings. Lot Owners shall not cause or permit
anything to be hung or displayed on the inside or outside of windows (except as provided herein)
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or hung on the outside of the Dwelling Unit doors (including but not limited to decorative door
arrangements) or placed on the exterior walls of a building, and no sign (other than those
described in Section 10.11 hereof and directional signs or signs concerning the use of the
Common Areas), awning, canopy, flag (except the American flag), shutter, radio or television
antenna shall be affixed to or placed upon the exterior walls or roof or any part of the building, or
the Common Areas without the prior written consent of the Association. Unless otherwise
approved in writing by the Association, Lot Owners shall not cause or permit any curtains,
shades or other window coverings or linings to be hung inside or outside any windows,
doorways, and/or patio doors which will show any color on the outside other than white tones,
Section 10.7 Animals and Pets. No animals of any kind shall be raised, bred, or
kept on any Lot or in any Dwelling Unit or in the Common Areas, except that four dogs, four
cats or two of each, or four other household pets may be kept in a Dwelling Unit, 'subject to the
Rules and Regulations, provided that it is not kept, bred or maintained for any commercial
purpose, and that it is kept subject to the Rules and Regulations of the Association. Dogs, cats or
other household pets must be kept within the confines of the Owner's Dwelling Unit except
when being held on hand leash by the pet owner of the animal.• No Lot Owner shall install a
fence and/or electric fence on any portion of the Common Area without the prior written consent
of the Board. No pet may be "staked", housed, tied up or,otherwise left in any Common Area.
A Lot Owner shall be responsible for cleaning up after his household pet. Notwithstanding the
above, the Association shall have the right to promulgate Rules and Regulations pertaining to the
size, number and type of such household pets and the right to levy fines and enforcement charges
against persons who do not clean up after their pets. Additionally, the right of an occupant to
maintain an animal in a Dwelling Unit shall be subject to termination if the Board in its full and
complete discretion, determines that maintenance of the animal constitutes a nuisance or creates
a detrimental effect on the Subdivision or occupants. No dog house or other structure used ors
intended for the housing or keeping of animals may be constructed, placed or maintained on any
part of the Common Areas,
Section 10.8 Nuisances. No noxious or offensive activity shall be carried on in any
Dwelling Unit or in the Common Areas or on the Lot of an Owner, nor shall anything be done
therein, either willfully or negligently, which may be or become an annoyance or nuisance to the
other Lot Owners or occupants.
Section 10.9 Impairment of Structural Integrity of Buildin,.g. Nothing shall be done
in any Dwelling Unit, or on any Lot, or in, on or to the Common Areas which will impair the
structural integrity of any building or which, absent the prior written approval of the Board,
would structurally change any building.
Section 10.10 Laundry or Rubbish and Open Fires in Common Areas and Facilities.
No clothes, sheets, blankets, laundry of any kind or other articles shall be hung out or exposed on
any part of the Common Areas, or on any Lot in a manner visible from any Common Area,
neighboring Lot or street. The Common Areas shall be kept free and clear of rubbish, debris and
other unsightly materials. All trash, garbage or other rubbish shall be deposited only in covered
sanitary containers as provided in Section 10.14 below. No open fires shall be permitted on any
part of the Subdivision other than fires in charcoal grills or other similar cooking devices located
upon Lots or grills or similar devices (if any), owned by the Association and constituting a
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portion of the Recreational Facilities, provided the use of such devices does not violate any local
governmental rules or regulations.
Section 10.11 Prohibited Activities. Except as otherwise provided in this
Declaration, no business, trade, industry, occupation or profession of any kind, whether for profit
or not for profit, shall be conducted, maintained or permitted on any part of the Subdivision, A
Lot Owner is permitted to place and maintain a standard "For Sale" or "For Rent" sign only in
the front yard of his property, provided, however it is of a typical size within the industry or
within an area expressly permitted by the Board of Directors. No other sign that is visible from
the outside of Dwelling Units may be placed on any part of the Subdivision except as expressly
permitted by the Board of Directors. Declarant and/or the Board shall have the right to
immediately remove and dispose of those items in violation of this Declaration. A Lot Owner
must obtain the prior written consent of the Board of Directors in the event a Lot Owner desires
to maintain a "For Sale" or "For Rent" sign which is not of a typical size within the industry, or
desires to maintain other displays or advertising, unless otherwise provided for under the Rules
and Regulations. The right is reserved by the Declarant to use any such unsold or unoccupied
Dwelling Units or other structures in the Subdivision as models and/or offices in connection with
the construction, sale or rental of Dwelling Units.
So long as the Declarant owns a Lot no action may be taken nor may any Rule or
Regulation be adopted or amended that would (a) directly or indirectly alter the exterior
appearance of any pan of the Subdivision; (b) reduce or discontinue any maintenance standard or
practice in effect as of the date when the Declarant no longer controls the Board; (c) adversely
affect the Declarant's sale or leasing of any Lots; or (d) otherwise adversely affect the Declarant,
any of its rights, or any Lot owned by it without, in each case, first obtaining the Declarant's
written consent.
Section 10.12 _ Alteration of Common Areas. Nothing shall be altered or constructed
in or removed from the Common Areas except as otherwise provided in this Declaration and
except upon the written consent of the Association. In addition, a Lot Owner must obtain the
prior written consent of the Board prior to installing and landscaping or planting any flowers,
herbs or vegetables, on any portion of the Subdivision (including any Lot).
Section 10.13 Rental of Lots. In order to protect the equity of the Lot Owners and to
carry out the purpose for which the Association was formed by preserving the character of the
Property as a homogeneous predominantly owner -occupied residential community and to avoid
the character of a renter -occupied apartment complex, no more than fifty percent (500/4) of the
Dwelling Units in the Subdivision may be leased by the respective Owners at any one time,
Each Owner in the Subdivision must obtain the approval of the Board prior to leasing his
Dwelling Unit, which approval shall not be unreasonably withheld if less than fifty percent
(50%) of the Dwelling Units in the Subdivision are then currently being leased, and provided the
following conditions are met: (a) not less than the entire Dwelling Unit is being leased, (b) the
term is not less than six (6) months; and (c) it is not being rented for transient or hotel purposes,
which shall be defined as (i) rental for any period less than thirty (30) days, or (ii) any rental if
the occupants of the Dwelling Units are provided customary hotel service such as room service
for food and beverage, maid service and famishing of laundry and linen. All leases of any
Dwelling Unit shall be in writing. All such leases shall provide that they are subject to all of the
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provisions of the Declaration, the Bylaws and the Rules and Regulations and that any failure by
the lessee to comply with any of such provisions shall constitute a default under the lease. A
copy of each such lease shall be given to the Declarant and the President of the Association
immediately after it is executed.
If any lessor or lessee is in violation of any of the provisions of the foregoing documents,
the Association may bring an action in its own name and/or in the name of the lessor to have the
lessee evicted and/or to recover damages. If the Court finds that the lessee is or has violated any
of the provisions of the Declaration, the Bylaws or the Rules and Regulations, the Court may
find the lessee guilty of forcible detainer notwithstanding the facts that the lessor is not a party to
the action and/or that the lessee is not otherwise in violation of lessee's lease or other rental
agreements with lessor. For purposes of granting the forcible detainer against the lessee, the
Court may consider the lessor a person in whose name a contract (the lease or rental agreement)
was made for the benefit of another (i.e., the Association). The remedy provided by this Section
11.13 is not exclusive and is in addition to any other remedy or remedies that the Association
has. If permitted by present or future law, Association may recover all of its costs, including
Court costs and reasonable attorney's fees, and such costs shall be a continuing lien upon the Lot
which shall bind the Lot in the hands of the then Lot Owner and the Lot Owner's successors and
assigns.
Section 10.14 'Trash Disposal, Each Lot Owner shall deposit all trash, garbage, or
other rubbish by as directed and instructed by the Board. Lot Owners shall keep trash containers
at all times in each Lot Owner's garage (if applicable), or in such other location as designated by
the Board, except on the days which trash, garbage, or other rubbish is collected by the local
waste removal authorities. Any trash containers placed outside by the Lot Owners in the location
designated for collection by the local waste removal authorities shall only remain in such
location for a period not to exceed twenty-four (24) hours. The Board shall have the right to
dispose of any trash, garbage, or other rubbish of a Lot Owner in violation of this Article X, and
may assess the Lot Owner for the cost of such removal, which amount shall he payable on the
date the next installment of the regular assessment is due.
Section 10.15 Nondiscrimination. No owner (including the Declarant), or any
employee, agent or representative thereof, shall discriminate upon the basis of sex, race, age,
color, creed or national origin in the sale, lease or rental of any Lot nor in the use of the Common
Areas.
Section 10.16 Subdivision of Lot. No Lot shall be subdivided, by sale or otherwise,
except to increase the size of an adjacent lot, which shall in that event be treated as a single lot
for assessment purposes.
Section 10.17 Dwelling Size and Location. No dwelling shall exceed 2 % stories in
height. No dwelling or structure shall be built or located near the front, side and rear lot lines as
shown or noted on the recorded subdivision plat: Declarant, or the Board of Directors of the
Homeowner's Association may, in its sole discretion, grant a variance for violations of not more
than 10 percent. One story dwellings shall not be less than 1300 heated square feet in size. For
dwelling exceeding one story in height, the first floor shall not be less than 800 heated square
feet.
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Section 10.18 Chain -Link Fences. No chain -link fences shall be installed on any
Lot or Common Area of the Subdivision.
ARTICLE X1
ENFORCEMENT
Section 11.1 Enforcement.
11.1.1 The Association or any Lot Owner may enforce these covenants,
conditions and restrictions. Enforcement of these covenants, conditions and restrictions
shall be by any proceeding at law or in equity against any person or persons violating or
attempting to violate ("Violating Party') any covenant, condition or restriction, either to
restrain or enjoin violation or to recover damages, and against the land to enforce any lien
created by these covenants. In addition to all other amounts due on account of said
violation or attempted violation, the Violating Party shall be liable to the parties
enforcing the covenants and/or restrictions of this Declaration (the "Enforcing Parties")
for all reasonable attorney's fees and court costs incurred by the Enforcing Parties.
Failure or forbearance by the Association or any Owner to enforce any covenant,
condition or restriction herein contained'shall in no event be deemed a waiver of the right
to do so thereafter. In any lawsuit filed to enforce this Declaration by injunction or
restraint, there shall be and there is hereby created and declared to be a conclusive
presumption that any violation or breach or any attempted violation or breach of any of
the within covenants, conditions or restrictions cannot be adequately remedied by action
at law or by recovery of damages.
11.1.2 irk addition to all other remedies of the Association, the Association
shall have the right to assess a maximum fine of $150.00 per day (or such higher amount
as may be allowed by law) per violation against any Owner who violates any provision of
this Declaration or the Articles, Bylaws or Rules and Regulations of the Association after
such Owner has been given notice of the violation and an opportunity to be heard with
respect to the violation in accordance with such policies and procedures as may be
adopted from time to time by the Board of Directors or as may be set forth in the Bylaws.
11.1.3 In addition to the above rights, the Association may also enter upon a
Lot or any land upon which a violation exists to remove any violation, perform
maintenance or make repairs thereon which is the responsibility of a Lot Owner who has
failed to remove said violation or to perform such maintenance or make such repairs (i)
after having given such owner at least ten (10) days prior notice, or (ii) without giving
notice in the event of an emergency.
Any action brought by the Association hereunder may be brought in its own name, in the
name of its Board or in the name of its managing agent. In any case of flagrant or repeated
violation by a Lot Owner, he or she may be required by the Association to give sufficient surety
or sureties for his or her future compliance with the covenants, conditions and restrictions
contained in this Declaration, the Bylaws and the Rules and Regulations.
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Section l 1.2 SeverabilitY. Invalidation of any one of these covenants, conditions or
restrictions by judgment or court order shall in no way affect any other provisions, which shall
remain in full force and effect.
.cction 11.3 Restrictions Run With Land. The easements or other permanent rights
or interests are herein created, the covenants and restrictions of this Declaration shall run with
and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the
Owner of any Dwelling Unit subject to this Declaration, their respective legal representatives,
heirs, successors, and assigns.
Section.] 1.4 Amendment. The Association (the Declarant controlling the
Association until the expiration of the Development Period) may amend this Declaration at any
time, as long as consistent with the design, scheme and purposes of this Declaration, by the
affirmative vote or written agreement of the Owners to whom not less than seventy-five percent
(75%) of all of the votes in the Association are allocated in accordance with Section 4.4 and
Section 4,5 above. Any amendment must be recorded in the Onslow County Register of Deeds.
Following the end of the Development Period, no such agreement to amend, in whole or in part,
shall be effective unless written notice of the proposed amendment is sent to every Member at
least thirty (30) days'in advance of any action taken, and no such amendment shall be effective
with respect to any permanent easements or other permanent rights or interests relating to the
Common Areas herein created (unless such amendment is consented to in writing by Declarant
and all other beneficiaries of such permanent easements, rights of interests).
Section 11.5 Reservation of Special Declarant Rights. Declarant reserves the right
to maintain sales and management offices, model units, construction trailers, storage or staging
areas, and advertising signs upon Lots or the Common Areas and upon Lots owned by it until the
expiration of the Development Period and to exercise all other "Special Declarant Rights" as
defined herein and in the Planned Community Act. Without limiting the foregoing, and
notwithstanding anything herein to the contrary, during the Development Period, Declarant shall
have the right to annex additional Lots or Common Areas into the Subdivision by filing a
supplement to this Declaration in the Onslow County Public Registry together with an
amendment to the Plat (if applicable). Such additional Lots or Common Areas need not be
contiguous to the Property. Declarant shall have the right to assign all or a portion of any rights
or easements reserved herein by a written assignment thereof, recorded in the Onslow County
Public Registry.
Section 11.6 Management and Service Contracts. Any agreement for the
professional management of the Subdivision of the Common Areas may not exceed three (3)
years and shall provide for termination by either party without cause and without payment of a
termination fee upon reasonable notice.
Section 11.7.. _ Binding Determination. In the event of any dispute or disagreement
with or between any Owner(s) relating to, or of any other disputes, disagreements or questions
regarding, the interpretation or application of the provisions of this Declaration or the Articles or
Bylaws of the Association, the determination thereof (i) by Declarant for so long as Declarant
retains control of the Association; and (ii) thereafter by the Board of Directors of the Association
shall be final and binding on each and all such Owners; providing that any determination which
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directly or indirectly affects Declarant shall require Declarant's prior consent to become binding
upon Declarant.
. Section 11.8 Captions and Titles. All captions, titles or headings in this Declaration
are for the purpose of reference and convenience only and are not deemed to limit, modify or
otherwise affect any of the provisions hereof, or to be used in determining the intent or context
thereof.
Section 11.9 Notices. Except as otherwise provided in this Declaration, any notice
to any Owner under this Declaration shall be in writing, shall be effective on the earlier of (i) the
date when received by such Owner, or (ii) the date which is three days after mailing (postage
prepaid) to the last address of such Owner set forth in the books of the Association. The address
of an Owner shall be at his Lot (or any of them if more than one) unless otherwise specified in
writing to the Association. The Articles and Bylaws shall specify the permissible manner of
giving notice for voting and all other Association matters for which the manner of giving notice
is not prescribed in this Declaration.
Section 1 t.10 G vemin La . This Declaration shall be deemed to be made under,
and shall be construed in accordance with and shall be governed by, the laws of the State of
North Carolina, and suit to enforce any provision hereof or to obtain any remedy with respect
hereto shall be brought in state court in Onslow County, and for this purpose each Owner by
becoming such hereby expressly and irrevocably consents to the jurisdiction of said court.
ARTICLE X1I
MORTGAGEE'S RIGHTS
Section 12.1. Notice of Rights of Mortgagee of a Lot. As used herein, the term
"Mortgagee" shall mean the holder of a first lien mortgage or deed of trust on a Lot who
provides notice to the Association with its name and address with a request to receive any notices
and other rights provided to "Mortgagees" under this Article XII. A Mortgagee of a Lot shall be
entitled to receive written notification of any default, not cured within sixty (60) days after its
occurrence, by the Owner of the Lot with respect to any obligation of the Owner under the
Declaration, the. Bylaws of the Association or the Articles of Incorporation of the Association.
Any Mortgagee of a Lot can make the request for notification. The notification shall be sent not
later than the 65th day after the occurrence of an uncured Default.
Section 12.2 _ Rights of First Refusal. Any right of first refusal now or hereafter
contained in this Declaration or any amendment or modification hereto or otherwise arising in
favor of the Association or certain Owners shall not apply to or preclude or impair in any way
the right of the first Mortgagee to (i) foreclose or take title to the Lot pursuant to the remedies
provided in its mortgage; (ii) accept a deed or assignment in lieu of foreclosure in the event of a
default under the Mortgage; or (iii) sell or lease a Lot and Dwelling Unit acquired by the
Mortgagee.
Section 12.3 Rights of Mortgagee. Unless at least seventy five percent (75%) of the
Mortgagees (based upon one vote for each first mortgage or deed of trust owned), and a vote of
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seventy-five percent (75%) of the votes allocated to the Members entitled to vote hereunder, the
Association shall not:
12.3.1 by an act or omission seek to abandon, partition, subdivide, encumber,
sell or transfer the Subdivision or Common Areas or improvements located thereon
which are owned directly or indirectly by the Association for the benefit of the Lots (the
granting of easements for public utilities or for other purposes consistent with the
intended use of the Subdivision, or the conveyance of Common Area (not including the
Recreational Facilities) to a local governmental authority for public park purposes or the
conveyance or dedication of Roadways shall not be deemed a transfer within the meaning
of this clause);
12.3.2 change the method of determining the obligations, assessments, dues
or other charges which may be levied against a Lot;
12.3.3 by act or omission change, waive or abandon any scheme of regulation
or enforcement thereof pertaining to the architectural design or exterior appearance of the
Dwelling Units, the exterior maintenance of the Dwelling Units, the maintenance of
common fences or driveways or the upkeep of lawns and plantings in the Subdivision;
12.3.4 fail to maintain .fire and extended coverage insurance on insurable
Common Areas on current replacement cost basis in an amount not less than one hundred
percent (100%) of the insurable value (based on current replacement cost); or
12.3.5 use hazard insurance proceeds for losses to any Common Areas for
other than the repair, replacement or reconstruction of such Common Areas.
Section 12.4 Right to Examine Books and Records. Mortgagees, their successors or
assigns, shall have the right to examine the books and records of the Association.
Section 12.5 Taxes and In urance. Mortgagees may, jointly or singly, pay taxes or
other charges which are in default and which may or have become a charge against any Lot and
may pay overdue premiums on hazard insurance policies, or secure new hazard insurance
coverage on the lapse of a policy, for such Lot, and first mortgagees making such payments shall
be owed immediate reimbursement therefor from the Lot Owner.
Section 12.6 insurance Proceeds and Condemnation Awards. No provision of this
Declaration or any other document or instrument affecting the title to the Property, Common
Areas, any Lot or the organization or operation of the Association shall give an Owner or any
other party priority over any rights of first mortgagees of Jots within the Subdivision pursuant to
their mortgages in the case of a distribution to Owners of insurance proceeds or condemnation
awards for losses to or taking of Common Areas.
ARTICLE XIII
NON -DEDICATED STREETS
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Section 13.1 Use. All non -dedicated streets constructed within the Subdivision are
reserved as easements of public access for the common use of Owners and (pursuant to the
Roadway Declaration) their families, guests and invitees, by commercial vehicles authorized to
make pick-ups and deliveries, by public and private utilities' personnel, trucks and equipment, by
postal authorities and mail carriers, by emergency personnel and vehicles such as police, fire and
ambulance, and by such other persons or classes of persons authorized by the Board of Directors
of the Association, as a means of ingress or egress, and for such other uses as may be authorized
from time to time by said Board. Such non -dedicated streets may also include underground
utility lines, mains, sewers or other facilities to transmit and carry sanitary sewerage and storm
water drainage. Except as provided by this Declaration, no acts shall be taken or things done by
an Owner or the Association which are inconsistent with the reservation and grant of use and
enjoyment hereinabove provided.
Section'13.2 _ Snow Removal, Maintenance, Reconstruction or Resurfacin>;. The
Association, at the cost and expense of the Association, shall provide snow removal from,
maintenance to and resurfacing or reconstruction of any non -dedicated streets or any storm water
drainage facilities included as a part thereof or installed thereunder as it deems necessary or
appropriate from time to time within its sole discretion.
ARTICLE XIV
STORM WATER REGULATION
The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 130703, as issued by the Division of Water
Quality under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these
covenants to the extent necessary to maintain compliance with the Stormwater Management
Permit. These covenants are to run with the land and be binding on all persons and parties
claiming under them. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division of Water Quality.
Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division of Water Quality.
The maximum allowable built -upon area per lot is no more than 4 000 square feet. This
allotted amount includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
and coquina, but does not include raised, open wood decking, or the water surface of swimming
pools.
Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is strictly prohibited by
any persons. For those lots adjacent to surface waters, each lot will maintain a minimum fifty
(50) foot wide vegetated buffer adjacent surface waters. All roof drains shall terminate at least
fifty (50) feet from surface waters. Any individual or entity found to be in noncompliance with
the provisions of the Stormwater Management Permit or the requirements of the stormwater
rules found in 15A NCAC 02H.1000 and Session Law 2008-211, is subject to enforcement
procedures as set forth in N.C.C.S. 143, Article 21.
FEB J 4 20IJ ,
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ARTICLE XV
SIGHT DISTANCE AT INTERSECTIONS
No fences, wall, hedge or shrub planting which obstructs sight lines at elevations between
2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within
the triangular area formed by the street property lines and a line connecting them at points 25
feet from the intersection of the street lines, or in the case of a rounded property comer, from the
intersection of the street property lines extended. The same sight line limitations shall apply
upon any lot within 10 feet from the intersection of a street property line with the edge of a
driveway or alley pavement. No tree shall be permitted to remain within such distance of such
intersection unless the foliage line is maintained at sufficient height to prevent obstruction of
such sight lines.
ARTICLE XVI
DRIVEWAY DRAINAGE
All driveways shall have drainage tile in the street ditches installed and sized in
accordance with the N.C. State Highway recommendations.
ARTICE XVII
STREET LIGHTING AGREEMENT
The Declarant reserves the right to subject the real property in this subdivision to a
contract with an electric utility company for the installation of underground electric cables and/or
the installation of street lighting, and entrance sign lighting, either or both which may require an
initial payment and/or a continuing monthly payment to an electric company by the owner of
each dwelling,
ARTICE XVIII
RETURN WATER AGREEMENT WITH PLURIS, LLC
Declarant entered into a Developer Agreement with Pluris, LLC, the company which
provides sewer utility service for the property. The Agreement with Pluris, LLC requires the
Declarant to accept and dispose of the water from the utility in a volume commensurate with
development usage (the "Return Water') from the Property. Declarant reserves for itself, its
successors and assigns, the right to convey to the utility such easements or rights of way as may
be reasonably necessary for the utility to build, own, operate and maintain the Return Facilities,
including adequate rights of access and working space for such purpose.
Declarant has also agreed to pay to the utility a monthly operation and maintenance fee
for the Return Services equal to the product of $5.00 multiplied by the number of lots planned in
Phase I (the "Phase I Monthly Fee") and the number of lots planned in Phase 11 (the "Phase 11
Monthly Fee"). The Declarant shall transfer and assign the Amendment to Developer
Book: 4180 Page, 1977-Current: 674 Seq: 32
Book'A180 Page: 674 Pegs 32 of 35

Page 33 of 35
Agreement for Alternative Return Water to Nautical Reach Homeowners Association, Inc.
("HOA"). The HOA shall assume all Declarant obligations under the Agreement arising after
the effective date of such Assignment.
The HOA shall assess each Lot Owner within the Property the sum of $5.00 per month
for the monthly operation and maintenance fee for the Return Service.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFF BLANK]
FED 2"1
Book: 4180 Page, 1977-Current: 674 Seq: 33
Book: 4180 Page, 674 Pogo 33 of 35

Page 34 of 35
IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of
the day and year first above written.
A SYDES CONSTRUCTION, INC.
A North Carolina corporation
B" Ile—, /j �k z
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
I certify that the following, person personally appeared before me this day,
ac%Vp to me( hat a s1 the foregoing document in the capacity indicated thereon:
Date: U `
f h h ! Notary lic
My Co
±' tyP oJc C`
Oz=
ar C.,
P
Book: 4180 Page, 1977-Current: 674 Seq: 34
Rook', 4180 Pago 674 Page 34 of 35

I
Page 35 of 35
BXHIBIT A
Legal Description
Being all of the Lots of Nautical Reach Section 1, a Planned Residential Development, Stump
Sound Township, Onslow County, North Carolina as shown on survey plat of same prepared by
Parker & Associates, Inc., recorded in Map Book 68, Page 157, Onslow County Registry.
FER 0 2011
Book: 4180 Page: 674 Page 35 of 35
Book: 4160 Page, 1977-Current: 674 Seq: 36

F
Permit Number SW8130703
Program Category
State SW
Permit Type
State Stormwater
Primary Reviewer
linda.lewis
Coastal SWRule
Coastal Stormwater - 2008
Permitted Plow
Facility
Central Files: APS _ SWP _
8/19/2020
Permit Tracking Slip
Status
Project Type
Active
Major modification
Version
Permit Classification
1.10
Individual
Permit Contact Affiliation
Facility Name MajortMinor Region
Nautical Reach Minor Wilmington
Location Address County
Old Folkstone Rd Onslow
Facility Contact Affiliation
Sneads Ferry NC 28460
Owner
Owner Name Owner Type
A Sydes Construction Inc 1� Non -Government
Owner Affiliation
Anthony W. Sydes
PLC) PO Box 7122
Dates/Events Jacksonville NC 2854071:
Scheduled
Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration
8/2/2013 2/412019 8/19/2020 8/19/2020 8/2/2021
Regulated Activities Requested !Received Events
State Stormwater - HD - Detention Pond Additional information requested 3/13/19
Additional information received 718I19
Additional information requested 718119
Additional information received 7/29120
Outfall
Waterbody Name Streamindex Number Current Class Subbasin