SW8970721_HISTORICAL FILE_20190115

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW99 7v7a I
DOC TYPE
El CURRENT PERMIT
❑ APPROVED PLANS
�P HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

1 ('1 q
k OTT CITY M)M
January 15, 2019
Linda Lewis, E. I.
Environmental Engineer III
North Carolina Department of Environmental Quality
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
'= gvrb
Sty �`i'7b721
Subject: State Stormwater Management Permit No. SW8 970721
Dear Ms. Lewis:
... , }AVE
JAN 2 2 2"19
I am in receipt of your letter dated November 20, 2018 outlining the issues with the compliance status
of State Stormwater Management Permit Number SW8 970721.
Since receiving your letter we have undertaken the following actions:
• Researched the status of Portwatch Owners Association, Inc.
• Obtained copies of the Articles of Incorporation, Bylaws and Deed Covenants of'Portwatch
Owners Association, Inc. and the related properties and obtained a copy of the Stormwater
Management Facility Inspection and Maintenance Agreement.
• Contacted all lot owners about an initial meeting to form a nominating committee for the
election of a Board of Directors (required by Bylaws),
• Sent out a written notice of an annual meeting of the Portwatch Owners Association, Inc. to the
last known address of all lot owners at least 10 days prior to the meeting date of January 29,
2018 so that a board can be elected (required by Bylaws).
• Contacted Retention Pond Services and Coastal Carolina Resource Group about visiting the site
and providing an esiirnate for the required work.
• Contacted SunTrust Bank about an inactive account for the Portwatch Owners Association, Inc.
so that it can be reinstated.
The following steps are planned to bring the permit back into compliance.
• Elect a Board of Directors at the January 29, 2019 meeting.
• If bids are received by this meeting vote on a special assessment for all lot owners so that the
work can commence.
• Renew the permit once Directors are elected (this will determine the best contact and address
for the Association). _ -
• Contract for the stormwater system to be brought back into compliance. ,! G SALL YS GROU I-1
CAROLI2R ROASTED:"I

G�®RT(CITY YJAI�� 7lllipygo TOM
Obtain bids for ongoing system maintenance.
Assess owners for ongoing maintenance in accordance with the Bylaws.
Schedule regular maintenance and inspections of the system going forward.
We anticipate that the system will be back in compliance by September 1, 2019 and will inform you or
your office if this date changes for any reason.
Thank you for your assistance with this matter.
Respectfully submitted,
Roseann Helms
Black Gold Holdings, LLC
On behalf of portwatch Owners Association, Inc.
CRR0LMA Ra S� Y�®

Lewis,Linda
From: Lewis,Linda
Sent: Friday, December 07, 2018 5:27 PM
To: 'Roseann Helms'
Cc: [e-mail]
Subject: Portwatch SW8 970721
Ms. Helms:
I inspected this project today and it is a MESS! Both the wet pond and the infiltration basin are so
completely overgrown and wild, I could not judge their state of compliance because it was impossible
to tell. I could not penetrate the overgrowth of trees, vines, and shrubs, to see either the pond or the
basin clearly. The trees that were toppled by the hurricane remain in the pond and in the basin and
have not been removed. It's pretty obvious that neither of these stormwater measures have been
maintained in many, many years.
Unfortunately, it will probably cost quite a bit of money to get these 2 facilities restored to compliance.
I'll compile the report next week and I'll make sure everyone gets a copy of it.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
linda.lewispncdenr.gov
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
�/ Nothing Compares,,_, -
Etna# correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Lewis,Linda
From: Lewis,Linda
Sent: Thursday, March 07, 2019 415 PM
To: 'Roseann Helms'
Subject: RE: [External] update, Portwatch Owners Association, Inc., Permit SW8 970721
Thank you Ms. Helms. That is really great news. I was out your way just an hour ago, looking at Lot
1 OR in detail so I can transfer the permit.
Linda
From: Roseann Helms<[e-mail]>
Sent: Thursday, March 07, 2019 3:18 PM
To: Lewis,Linda <[e-mail]>
Subject: [External] update, Portwatch Owners Association, Inc., Permit SW8 970721
n Extei nal emaFl Do notclick linits or open attacfirnents;unlessky ,Ve I Send all�susp.icious email as;an attachment`to
Moo
Dear Ms. Lewis:
I wanted to update you on the progress we have made since our last correspondence.
The Portwatch Owners Association, Inc. held an annual meeting on January 29, 2019, Steve Schnitzler was elected
President of the Association. His address is 101 Portwatch Way, Wilmington, NC 28412. Paul Canady was elected
Treasurer. His address is 109 Portwatch Way, Wilmington, NC 28412.
Paul Canady has opened a bank account for the Association. Members have been assessed the first of three special
assessments to start the first phase of the cleanup. We have two bids to remove the existing debris in and around the
pond. The clearing should start as soon as we have enough funds collected from the 11 different lot owners to pay the
vendor.
We have contacted two engineering firms about surveying the system and laying out a plan for compliance and
recertification once the vegetation is cleared.
We still anticipate that the system will be back in compliance by September 1, 2019 and will inform you or your office if
this date changes for any reason.
Thank you for your assistance with this matter.
Roseann Stone Helms
CFO
101 Portwatch Way, Wilmington, NC 28412
Tel: [phone] x305
Email: [e-mail]
Web: www.portcitylava.com
-f' o
------------------------------------
�& PORT CITY )AVA'01
01. 19951 Wilmington. NC

Lewis,Linda
From:
Lewis,Linda
Sent:
Friday, January 18, 2019 10:15 AM
To:
Nancy Guyton
Subject:
RE: [External] Portwatch Subdivision
Attachments:
970721.pdf
Ms. Guyton:
I attach a copy of the August 16, 2000 permit and a scan from the approved plans for the infiltration
basin on Lot A.
The permit covers 2 stormwater control measures (SCMs) - an infiltration basin AND a wet detention
pond for the Portwatch subdivision. When applicants submit their applications for a project, they are
not limited to having just one SCM. They can propose as many as they need,to achieve compliance
with the rules.
As the permit states, and as stated in Article X of the recorded declaration of covenants and
restrictions (DB 2405 beginning at PG 0430) the wet pond is designed for the runoff from Lots 2-11
and the infiltration basin is designed for the runoff from Lot A and from Lot 1. The calculations and the
numbers reported on the application received on September 3, 1997, indicate that the infiltration
basin treats runoff from 52,700 sf of BUA for Lot 1 (i.e., 85% of its area as BUA) and treats runoff
from a total of 22,690 sf for the existing building, parking and sidewalk located on Lot A that drains
into the basin.
If Lot A is truly not part of the subdivision, as you allege, then your client is limited to a maximum of
22,690 sf of BUA constructed on Lot A that will drain into the permitted Basin. Any additional amount
above 22690 would need to be handled as per the City requirements.
Unfortunately, the numbers in the permit for the infiltration basin do not agree with the application 1
calculations. I will get that corrected when the permit is renewed.
Linda
From: Nancy Guyton<[e-mail]>
Sent: Thursday, January 17, 2019 4:47 PM
To: Lewis,Linda <[e-mail]>
Subject: RE: [External] Portwatch Subdivision
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en aftactimenfsunlessyourifeed4511 suspiaoutTM^l'A:.4f
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Thank you Linda. I will review with my client, but I don't anticipate a problem at this juncture. I do need some
additional information, however. Can you send me a copy of the permit, especially as it relates to Lot 1? I had thought
the basin was for the POA system and not just one lot. Is this part of the system separate and apart from the subdivision
permit? I am looking for a comprehensive agreement with the appropriate party and my client regarding lability issues,
etc. we are also unaware of what the built upon areas requirements are for this lot. would they prohibit paving the
parking lot, for example?

I appreciate your assistance!
Nancy M. Guyton, Esq.
Kincaid & Associates, PLLC
5215 Junction Circle, Suite 100
Wilmington, NC 28412
Phone: [phone] direct
Office: 910-399-7907
Fax: [phone]
E-Maif: nguyton2kincaidandassociates.com
www.kincaidandassociates.com
North Carolina State Bar Board Certified
Specialist Real Property Transactions:
Residential, Business, Commercial & Industrial
®86ARD CER11FIEd-1FECIALIST
6�1� L..4P5i.,a ►fa7c. ■.�
LEGAL ELITE
Confidential: This e-mail contains a communication that may be protected by the work product doctrine and/or
attorney -client privilege. If you do not expect such a communication from Nancy M. Guyton, please delete this message
without reading it or any attachment, and notify the sender at the above listed email of this inadvertent misdelivery.
We are required by IRS Circular 230 to inform you that any statements contained herein are not intended or written to
be used, and cannot be used, by you or any other taxpayer, for the purpose of avoiding any penalties that may be
imposed by federal tax law. This warning is required by the IRS. If this email contains no direct or indirect tax advice,
then this warning is not applicable.
From: Lewis,Linda <linda.lewis2ncdenr.gov>
Sent: Thursday, January 17, 2019 4:42 PM
To: Nancy Guyton<[e-mail]>
Subject: RE: [External] Portwatch Subdivision
Ms. Guyton:
I received the attached email from Roseann Helms. They are working on reforming the HOA and
restoring the stormwater control measures to compliance, but it will take a while.
Lot A contains a permitted infiltration basin SCM that Lot 1 needs to use to treat their runoff and to
comply with the permit. My concerns are these: 1. That the new owner of Lot A fills in that basin and
Lot 1 is left without stormwater treatment for their runoff; and 2. That the owner of Lot A constructs
more built -upon area than the basin is currently designed to handle.
If your client will not fill in the basin and if your client will not direct the runoff from any additional BUA
on Lot A over and above what the basin is currently designed to handle, and if Lot 1 will still be
allowed to use that basin to treat their runoff, then my only concern is restoring that basin and the
pond to compliance.
Linda

From: Nancy Guyton<[e-mail]>
Sent: Thursday, January 17, 2019 12:55 PM
To: Lewis,Linda <[e-mail]>
Subject: [External] Portwatch Subdivision
c External email. Do not click links or open attachments unless you verified.. Send all suspicious emaii,as an attaChment.tn
repOYt.Sp8iT1@rIC.Y,UV
Linda,
I would appreciate an update when you have a chance. It turns out that my client is not part of the Portwatch
Subdivision, but has the infiltration basin located on the property under contract. The legal description attached to the
Declaration does not include his lot. I have attached a copy of the Declaration for your reference. The Declaration doeE
reference the map recorded in Map Book 38, Page 73 for purposes of identifying the common areas only. I have also
attached the revised subdivision map for your reference showing the property under contract as Lot A. The Association
does not own or have an easement for the infiltration pond- see deed to POA attached. A prior deed for this property
does reserve the right for the developer to construct on this property and I have also attached that for your reference.
Will you require any additional documentation between the POA and the owner of Lot A?
Has anyone been in touch with you about re-forming the HOA to address these issues? If so, can you provide me with a
contact name and information? Thank you very much.
Please feel free to call me to discuss.
Nancy M. Guyton, Esq.
Kincaid & Associates, PLLC
5215 Junction Circle, Suite 100
Wilmington, NC 28412
Phone: [phone] direct
Office: 910-399-7907
Fax: [phone]
E-Mail: nguyton(2kincaidandassociates.com
www.kincaidandassociates.com
North Carolina State Bar Board Certified
Specialist Real Property Transactions:
Residential, Business, Commercial & Industrial
®BOARD CERTMED SPECIALIST
o.i. e�em., sUs� e.■
LEA ELITE
Confidential: This e-mail contains a communication that may be protected by the work product doctrine and/or
attorney -client privilege. If you do not expect such a communication from Nancy M. Guyton, please delete this message
without reading it or any attachment, and notify the sender at the above listed email of this inadvertent misdelivery.
We are required by IRS Circular 230 to inform you that any statements contained herein are not intended or written to
be used, and cannot be used, by you or any other taxpayer, for the purpose of avoiding any penalties that may be
imposed by federal tax law. This warning is required by the IRS. If this email contains no direct or indirect tax advice,
then this warning is not applicable.

Lewis,Linda
From: Lewis,Linda
Sent: Thursday, January 17, 2019 AA2 PM
To: 'Nancy Guyton'
Subject: RE: [External] Portwatch Subdivision
Attachments: [External] SW8 970721
Ms. Guyton:
I received the attached email from Roseann Helms. They are working on reforming the HOA and
restoring the stormwater control measures to compliance, but it will take a while.
Lot A contains a permitted infiltration basin SCM that Lot 1 needs to use to treat their runoff and to
comply with the permit. My concerns are these: 1. That the new owner of Lot A fills in that basin and
Lot 1 is left without stormwater treatment for their runoff; and 2. That the owner of Lot A constructs
more built -upon area than the basin is currently designed to handle.
If your client will not fill in the basin and if your client will not direct the runoff from any additional BUA
on Lot A over and above what the basin is currently designed to handle, and if Lot 1 will still be
allowed to use that basin to treat their runoff, then my only concern is restoring that basin and the
pond to compliance.
Linda
From: Nancy Guyton<[e-mail]>
Sent: Thursday, January 17, 2019 12:55 PM
To: Lewis,Linda <[e-mail]>
Subject: [External] Portwatch Subdivision
n External email Do not click Iinks or�open atfachments unless.,you verified Send a.11 suspicious email as an attachment to
Linda,
I would appreciate an update when you have a chance. It turns out that my client is not part of the Portwatch
Subdivision, but has the infiltration basin located on the property under contract. The legal description attached to the
Declaration does not include his lot. I have attached a copy of the Declaration for your reference. The Declaration does
reference the map recorded in Map Book 38, Page 73 for purposes of identifying the common areas only. I have also
attached the revised subdivision map for your reference showing the property under contract as Lot A. The Association
does not own or have an easement for the infiltration pond- see deed to POA attached. A prior deed for this property
does reserve the right for the developer to construct on this property and I have also attached that for your reference.
Will you require any additional documentation between the POA and the owner of Lot A?
Has anyone been in touch with you about re-forming the HOA to address these issues? If so, can you provide me with a
contact name and information? Thank you very much.
Please feel free to tail me to discuss.

Nancy M. Guyton, Esq.
Kincaid & Associates, PLLC
5215 Junction Circle, Suite 100
Wilmington, NC 28412
Phone: [phone] direct
Office: 910-399-7907
Fax: [phone]
E-Mail: n u ton kincaidandassociates.com
www.kincaidandassociates.com
North Carolina State Bar Board Certified
Specialist Real Property Transactions:
Residential, Business, Commercial & Industrial
®BOARD CERTIFIED SPECIALIST
M 9�7� Goa. p1Y• iF:L !i
BUS-WE::ti NORTH CARCIil A s
LEGAL
ELITE
Confidential: This e-mail contains a communication that may be protected by the work product doctrine and/or
attorney -client privilege. If you do not expect such a communication from Nancy M. Guyton, please delete this message
without reading It or any attachment, and notify the sender at the above listed email of this inadvertent misdelivery.
J
We are required by IRS Circular 230 to inform you that any statements contained herein are not intended or written to
be used, and cannot be used, by you or any other taxpayer, for the purpose of avoiding any penalties that may be
imposed by federal tax law. This warning is required by the IRS. If this email contains no direct or indirect tax advice,
then this warning is not applicable.

Lewis,Linda
From: Roseann Helms<[e-mail]>
Sent: Thursday, January 17, 2019 1:47 PM
To: Lewis,Linda
Subject: [External] SW8 970721
Attachments: Response to NC DEQ.docx
Follow Up Flag: Follow up
Flag Status: Flagged
e External email. Do not'click links or open attachments. unlessyod'�erified. Send all suspicious -email as an attachment to
re arts am nc, ov
Linda,
We dropped this response in the mail to NC DEQ this week concerning the referenced stormwater management
permit. It has taken quite a bit of time to pull together the property owner association information but we finally
located documents and are beginning to make progress.
If there is anything else you would like addressed at this time please let me know.
On a related matter, you should be received a transfer of SW8 031116 in the mail in the next few days. Cape Fear
Engineering has been very helpful in helping us move through the process.
Roseann Stone Helms
CFO
101 Portwatch Way, Wilmington, NC 28412-_-_—--------------------------------------
Tel: [phone] x305 PORT CITY )AVA*-*
Email: [e-mail] - - - ----- ----------------
Web: www.t)ortcityiava.com es". tr'; i tI ;lmington. \C
This message and its attachments may contain legally privileged or confidential information. It is intended solely for the named addressee. If you are not the addressee
indicated in this message (or responsible for delivery of the message to the addressee), you may not copy or deliver this message or its attachments to anyone. Rather,
you should permanently delete this message and its attachments and kindly notify the sender by reply emal. Any content of this message and its attachments that
does not relate to the official business of Port City lava", or its subsidiaries must be takers not to have been sent or endorsed by any of them. No warranty is made that
the email or attachments are free frorn computer virus or other defect.

January 15, 2019
Linda Lewis, E. I.
Environmental Engineer III
North Carolina Department of Environmental Quality
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: State Stormwater Management Permit No. SW8 970721
Dear Ms. Lewis:
EGE OVE
JAN 17 2019
BY:4%j Fg7a72 (
I am in receipt of your letter dated November 20, 2018 outlining the issues with the compliance status
of State Stormwater Management Permit Number SW8 970721.
Since receiving your letter we have undertaken the following actions:
• Researched the status of Portwatch Owners Association, Inc.
• Obtained copies of the Articles of Incorporation, Bylaws and Deed Covenants of Portwatch
Owners Association, Inc. and the related properties and obtained a copy of the Stormwater
Management Facility Inspection and Maintenance Agreement.
• Contacted all lot owners about an initial meeting to form a nominating committee for the
election of a Board of Directors (required by Bylaws).
• Sent out a written notice of an annua4 meeting of the Portwatch Owners Association, Inc. to the
last known address of all lot owners at least 10 days prior to the meeting date of January 29,
2018 so that a board can be eiected (required by Bylaws).
• Contacted Retention Pond Services and Coastal Carolina Resource Group about visiting the site
and providing an estimate for the required work.
• 'Contacted SunTrust Bank about an inactive account for the Portwatch Owners Association, Inc.
so that it can be reinstated.
The following steps are planned to bring the permit back into compliance.
• Elect a Board of Directors at the January 29, 2019 meeting.
• If bids are received by this meeting vote on a special assessment for all lot owners so that the
work can commence.
• Renew the permit once Directors are elected (this will determine the best contact and address
for the Association).
• Contract for the stormwater system to be brought back into compliance.

• Obtain bids,for ongoing system maintenance.
• Assess owners for ongoing maintenance in accordance with the Bylaws.
• Schedule regular maintenance and inspections of the system going forward.
We anticipate that the system will be back in compliance by September 1, 2019 and will inform you or
your office if this date changes for any reason.
Thank you for your assistance with this matter.
Respectfully submitted,
Roseann Helms
Black Gofd Holdings, LLC
On behalf of Portwatch Owners Association, Inc.

Lewis,Linda
From: Lewis, Li nda
Sent: Friday, November 30, 2018 2:52 PM
To: 'Roseann Helms'
Cc: '[e-mail]'
Subject: FW: [External] Notice of Inspection, Stormwater Management Permit No. SW8 970721
Ms. Helms:
My supervisor received a visit from Mr. Johnson earlier today. He is no longer a contact for
Portwatch Owner's Association, Inc., but he may need to be involved in the transfer of the permit. I've
included him on this email, just to keep him in the loop. You indicated to me that you were looking for
the best person to head up the Association. At Mr. Johnson's suggestion that would appear to be Ms.
Pansy Ruth Arnold (RAGS) at 102 Portwatch Way, Unit C.
Mr. Johnson indicated to my supervisor that Scott Gerow (owner of Lots 2 and 3) had formerly been
tasked with the job of collecting dues to maintain the stormwater facilities. I do not know who he may
have passed those duties on to.
Your first priority should be to renew the permit. Once the permit is renewed, you can begin to
address any maintenance issues with the permitted stormwater system. The permit can and should
be renewed regardless of the compliance status.
Linda
From: Lewis,Linda
Sent: Thursday, November 29, 2018 3:57 PM
To:'Roseann Helms'<[e-mail]>
Subject: RE: [External] Notice of -Inspection, Stormwater Management Permit No. SW8 970721
Ms. Helms:
Navigating the stormwater permitting laws -and rules is difficult for a layperson, to say the least.
Hopefully, the engineer you hired to look at the system will be able to help you. You can always call 1
email me with your questions. If I can't help you, I might at least be able to point you in the right
direction.
Here is the new link to the DEMLR stormwater application forms. Please scroll down to the point
where you see the heading, "I have a state stormwater permit, but I need a permit modification or
renewal". The transfer application is listed first and the renewal application is listed last under this
heading.
https:lldec nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-
ruleslstormwater-prop ramlpost-construction
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land -Resources
Department of Environmental Quality

910-796-7215 Office
linda.lewis(c�ncdenr.gov
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Nothing Compares -.--..-
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Roseann Helms<[e-mail]>
Sent: Thursday, November 29, 2018 3:14 PM
To: Lewis,Linda <linda.lewis@ncdenr,gov>
Subject: [External] Notice of Inspection, Stormwater Management Permit No. SW8 970721
Ms. Lewis:
Thank you for your time this afternoon. I really appreciate your efforts to educate me about what steps we should be
taking to remediate the stormwater issues on Portwatch Way.
Please send me the new links for the renewal and transfer applications.
Roseann Stone Helms
CFO
101 Portwatch Way, Wilmington, NC 28412
Tel: [phone] x305
Email: [e-mail]
Web: www.portcitylava.com
dt PORT CITY )AVA'Ovb
(-A.1995 [ % ilmingwn, NC
This message and its attachments may contain legally privileged or confidential information, it is intended solely for the reamed addressee. If you are rot the addressee
indicated in this message (or responsible for detivery ofthe message to the addressee), you may not copy or deliver this message or its attachments to anyone. Rather,
you should permanently delete this message and its attachments and kindly notify the sender by reply email. Any content of this message and its attachments that
does not relate to the offical business of Port City Java' or its subsidiaries must be taken not to have heen 5ent or endorsed by any of them. No warranty is made that
the email or attachments are free from computer virus or other defect.

r� I
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WILLIAM E. (TOBY) VINSON, JR-
Interim Direcrar
;November 20, 2018
NORTH CAROLINA
En vironmentat Quality
Bluew,ater
SUPPLY
1
112 �i �y=r
Port.watch Owners Association, [rte.
A`1"1'\: ]ark !]. Johnson, President
3410 River Road
Wilmirigion, NC 28412 � �• , j
Subject: Notice offnspection—Not Compliant
Portwatch Subdivision
State Stormwatcr A-lanagement Permit No. SXV8 970721
New Hanover County
])car :%4r. Johnson:
Effective August 1, 2013, the State Stormwatcr program was transferred from the Division of ]Pater
Quality (D\VQ) to the Division of l;nergy, ]Mineral and Hand Resources (DFMI,R). All previous
references to DWI) will remain in older stormwater permits issued prior to August 1, 2013 until they are
modified. ]'lease note that this Icttcr references DE`41,R as the Division responsible for compliance with
the permit .
On November ] S, 2018, the ` lliTiington Regional Off iec of the Division of L"nergy, %•1 ineral and L,ancl
Resources (I)]ati41,R) conducted it file review inspection of the subject project, located at. Bryan Road,
River Road and Portwatch Way in Wilmington, New Hanover County to determine the status of
compliance Willi the State Stormwatcr Management Permit Number SW8 970721, which was transferred
and.reissued to the Association on August 16, 2000. DEi14LR file review revealed that the site is not in
compliance with the terms and conditions of this permit. Please find a copy of the completed form
entilled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the
rccentinspeCion.
As indicated in the attached inspection report, the following deficiencies must be resolved:
I. The permit has expired and must be renewed.
2. The permitted facilities must be maintained.
3. Contact. information for the Association must be updated.
4. Several individual offsite permits for 1'ortwatch Lots need to be transferred to the new lot ownees.
✓!�" North Carolina Department of Environmental, Quality I Division of Energy, Mineral and Land Resources
,r,-e--REQ'Wilmington Regional office J 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
PaRMq rap !%l
1-- w E1.4wYasuw D-Mly 910.796.7215

State Storntwater Permit No. SWS 970721
Page 2 of 3
Please be reminded that it is your responsibility as the permit.tce of record to notify the Division of any
changes in ownership or mailing address or the permit -holder's name. please Submit a completed and
signed Permit Transfer Application form to the Division of Energy, rNlineral and Land Resources 30-60
calendar days prior to making any of the below listed changes. '[']iis form is available on our website at:
hti sp.Ilded.nc.,:ov/aboutldivisions/encr���-mineral-land-re5ourceslener����-ntincral-land-rules/stc�rmwater-
pro��ram/post-construction.
a. An ownership change including the sale or conveyance of the permitted project area in whole or
in part. This does not include the conveyance of subdivided residential lots to individuals which
are made subject to a recorded declaration of covenants and restrictions which contain the
statements required by the storntwater permit;
b. The sale or conveyance of the common areas to a 1-lomcowncr's or Property Owners
Association, subject to the requirements of Session Law 201 1-256;
c, foreclosure proceedings;
d, Filing for Bankruptcy; .
e. Dissolution of the partnership, corporate entity or LLC.
C. A natrte change of the owner / permit.tee;
g. A name change of the project;
h. A mailing address change of the permittee;
please be advised that until you submit the required Pen -nit "Transfer Application form to the Division and
receive approval from the Division to transfer the pennit, you are required to comply with the terms,
conditions and limitations of the Stormwater Management Permit under Title 1 5A North Carolina
Administrative Code 21-1 .1003 and North Carolina General Statute 143-214.7, including the operation
and maintenance of the permitted stormwatcr system.
Failure to provide the requested information, or to respond to this letter with a plan of action, including a
timeline to resolve the identified deficiencies, by January, 20, 20.19, are considered violations ofthe
permit. If the requested information is not. submitted to this office by the due (late, then Dia,tLR staff
will re -inspect the site and may issue a Notice of Violation. Please also note that any individual or entity
found to be in noncompliance with the provisions of a stormwatcr management permit or the stormwatcr
rides is subject to enforcement action as set forth in NCGS 143 Article 21, including the assessment of
civil penalties of up to S25,000 per day.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)- .
796-7215 or via email at. linda.lewisnncdenr.<y0v.
Sincerely,
,'e �' ..
Linda Lewis, E.I.
Environmental Engineer III
lnclosurc: Compliance Inspection deport
G1)Slarl: G:%StormwaterV'crmits & Projects\]997M0721 HD12018 11 Cl l_deficieni 970721
cc: Phil Tripp, P.L. Tripp Engineering
Nancy M. Ouyton, lssq. Kincaid & Associates, PLLC (52t 5 Junction Circle, Suite 100 Wil. NC 28412)
All Portwatch Lot Owners (listed on Page 3)
WiRO stormwatcr Permit File SW8 970721
WiRO Storntwater Permit File SW8 000610
NVIRO Stormwater Permit File SW8 0 10 131
WiRO Stormwater Permit File SW8 031 1 16

State Stormwater Permit No. SW8 970721
Page 3 of-,
Portwatc wr yrs Association, Inc.
.Mk D. , ohns n, I'residcr��l_�
11
8 1'ortw
l� ilrnington . 1G.28412
Portw, h Owne s Association. Inc
Mark D. 1also , President
I'O Box 15
Carolina 13c• NC 28428
Portwate Owners Association, Inc
c/o 360 Southport Circle, Ste. 104
Vir inia Reach, VA 23452
�4ark D. Johnson
145 boxwood Lanc
Wilmington, NC 28409
Raw Land, LLC ("Tract A)
12615 Amber Terrace
Richmond, VA 28233
G:M13 Properties, LLC (Lot 1)
Drank Bailey, Nlanager
3467 Dalrnar Road
Spring Flope, NC 27882-8012
v �I 2�3'g
Viet Coil �`�
VqA-0_Cn e ► Co-PV\,
Maritime West Development, LLC (Lots 21 �� jn/���
Scott Gerow, Registered Agen410�O
� `" "'
PO [lox 799
Castle Flayne, NC 28429
rrF�Vilrui>$on; LLC (Lots 4 and
Pansy Ruth Arnold, %,lanager
1`
Wilmington, NC 28412
Coastal KM Ventures, LLC (Lot 5)
NMatthcw -Murphy, Manager
1202 N. Lake Park Boulevard
Carolina }:leach, NC: 28428
Paul Y, Canady (Lot 6)
109 Portwatch Way
Wilmington, NC 28412
S\1S Ventures, LLC (Lot 7 — SW8 010 13 1)
Michael Kellum, Manager
113 Portwatch Way, Unit 103
Wilmington, NC 28412
I-IFIR Properties, LLC (Lot 8)
I lerbert L. Harris, Manager
3905 Oleander Drive, Suite 2
Wilmington, NC 28403-6732
1 1) (Lot 1 1 — SW8 000610)
� k+op R��op�Cjcr`-:2�2-Q-
Black Gold Holdings, LLC (Lot 10 — SW9 031 1 16)
Nkl. Cecil Worsley, III, Manager
101 Portwatch Way
Wilmington, NC 28412-7010
0'_0 w
t6-S_

Compliance Inspection Report
Permit: SW8970721 Effective:01/08198 Expiration: 01/08/12
Project: Portwatch Subdivision Aka Wilmington Mar
Owner: Portwatch Owners Association
County: New Hanover Adress:
Region: Xlminolon
Contact Person: Mark Johnson
Directions to Project:
Type of Project: State Stormwater - HID - Detention Pond
Drain Areas: 1 - (CAPE FEAR RIVER) (03-06-17) ( SC)
On -Site Representative(s):
citylstatelZip:
Title: President
Stale Stormwater - Infiltration System
Related Permits:
SVV8031116 SECOF LLC - Lat 10R Portwatch-Portwatch Subdivision
Sh48000610 Ruth Arnold and Joni Midgell - Lot 11 Poriwalch'
SI+V8010131 Srns Ventures LLC - Sms Ventures Lot 7- Portwatch
Inspection Date: 11/1512018 Entry Time: 04,45PM
Primary Inspector: Alida R Lewis
Secondary Inspector(s):
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Ouestion Areas:
State Stormwater
(See attachment summary)
Phone: [phone]
Exit Time: 05:OOPM
Phone: [phone]
Inspection Type: Transfer Renewal
page: 1

0
Permit: SW8970721 Owner - Project: POrivvWchOwners .Associaticn '
Inspection Date: 1 1/1512018 Inspection Type Transfer Rene%val Reason for Visit: Gomplains
Inspection Summary:
The Division received a complaint/inquiry from an attorney representing the proposed purchaser of the Tract A lot as
shown on MB 38 at PG 84. The attorney wanted to know who was responsible for maintaining the infiltration basin
located on Tract A.
The infiltration basin on Tract A is covered by the permit that was originally issued to Pori Cape Fear Associates on
January 8, 1998 and subsequently transferred to the Portwatch Owners Association, Inc. on August 16, 2000. The
permit also covers the wet detention pond located on Lot 9.
Since all the iot owners are members of the Association, every lot owner is responsible for maintaining the permitted
facilities,
The attorney has been unable to locate the Assocation's president, Mark D, Johnson. The NCSOS has no filing for a
change of registered agent or mailing address for the Association since 1998.
The permit has expired and must be renewed.
Each lot owner is in violation of the permit for not maintaining the permitted facilities and for not renewing the permit in a
timely manner.
File Review Yes No NA NE
Is the permit active? ❑ 0 ❑ ❑
Signed copy of the Engineer's certification is in lire file? 0 ❑ ❑ ❑
Signed copy of the Operation 8 Maintenance Agreement is in the file? 0 ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? N ❑ ❑ ❑
Comment 1. The permit has expired and has not been renewed. The permittee was notified on August 22. 2011 of
the impending expiration of the permit and the need to renew it. No response was received.
Other Permit Conditions ,
Is the site compliant with other conditions of the permit?
Yes No NA NE
❑ E ❑ ❑
Comment: 2. The Portwatch Owners Association is still active with the NCSOS. although neither Mr. Mark D.
Johnson nor the current Beard of Directors can be located. Since the lot owners are all members of the
Association, the inspection letter will be addressed to all of the lot owners. At the point in time when
they reorganize the Association, they can provide a contact name and mailing address to the Division.
3. Failure 10 maintain the permitted stormwater facilities.
page: 2

"s
ROY COOPER
Governor
MICHAEL S. RECAN
Secretary
WILLIAM E. (TOBY) VINSON, JR.
In reri m Direcror
]November 20, 2018
NORTH CAROLINA
Environmental Quality
Portwatch Owners Association, Inc.
ATT'N': Mark D. Johnson, President
3410 River Road
Wilmington, NC 28412
Subject: Notice of Inspection — Not Compliant
Portwatch Subdivision
State Stormwater Management Permit No. SWS 970721
New Hanover County
Dear Mr. Johnson:
Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Mineral and land Resources (DEMIR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are
modified. Please note that this letter references DEMLR as the Division responsible for compliance with
the permit..
On November 15, 2018, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMIR) conducted a file review inspection of the subject project; located at Bryan Road,
River Road and Portwatch Way in Wilmington, New Hanover County to determine the status of
compliance with the State Stormwater Management Permit Number S`<'1'8 97072-1, which was transferred
and.reissued to the Association on August 16, 2000. DEML,R file review revealed that the site is not in
compliance with the terms and conditions of this permit. Please find a copy of the completed form
entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the
recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. The permit has expired and must be renewed.
2. The permitted facilities must be maintained.
3. Contact information for the Association must be updated.
4. Several individual offsite permits for Portwatch lots need to be transferred to the new lot owners.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wiimington, North Carolina 28405
910.796.7215

State Stormwater Permit \o. SN 8 970721
Page 2 of 3
Please be reminded that it is your responsibility as the pennittee of record to notify the Division of any
changes in ownership or mailing address or the permit-bolder's name. Please submi€ a completed and
signed Permit. Transfer Application Form to the Division of Energy, Mineral and Land Resources 30-60
calendar days prior to making any of the below listed changes. This form is available on our website at:
littps:Hdeq.nc.goN,/about/divisions/enei-Uv-rti ineral-lartd-resources/ener4PN;-mineral-land-rules/stornit�,ater--
prog.ram/post-construct ion.
a. An ownership change including the sale or conveyance of the permitted project area in whole or
in part. This does not include the conveyance of subdivided residential lots to individuals which
are made subject to a recorded declaration of covenants and restrictions which contain the
statements required by the stormwater permit;
b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of Session Law 201 1-256;
c. Foreclosure proceedings;
d. Filing for Bankruptcy; .
e. Dissolution of the partnership, corporate entity or LLC.
f. A name change of the owner / permittee;
g. A name change of the project;
h. -A mailing address change of the permittee;
Please be advised that until you submit the required Permit Transfer Application Form to the Division and
receive approval from the Division to transfer the permit, you are required to comply with the terms,
conditions and limitations of the Stormwater Management Permit under Title I SA North Carolina
Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the operation
and maintenance of the permitted stormwater system.
Failure to provide the requested information, or to respond to this letter with a plan of action, including a
timeline to resolve the identified deficiencies, by January 20, 2019, are considered violations of the
perrnit. If the requested information is not submitted to this office by the due date, then DEMLR staff
will re -inspect the site and may issue a Notice of Violation. Please also note that any individual or entity
found to be in noncompliance with the provisions of a stornwater management permit or the stormwater
rules is subject to enforcement action as set forth in NCGS 143 Article 21, including the assessment of
civil penalties of up to $25,000 per day.
if you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-
796-7215 or via email at linda.lewis@a ncdenr.gov.
Sincerely,
Linda Lewis, E.1.
Environmental Engineer III
Enclosure: Compliance Inspection Report
GDSlarl: G:111Stormwater\Permits & Projects\1997\970721 HD12018 11 CFI —deficient 970721
cc: Phil Tripp, P.E. Tripp Engineering
Nancy M. Guyton, Esq. Kincaid & Associates, PLLC (5215 Junction Circle, Suite 100 ML NC 284 12)
All Portwatch Lot Owners (listed on Page 3)
WiRO Stormwater Permit file SW8 970721
WiRO Stormwater Permit file SW8 000610
WiRO Stormwater Permit File SW8 010131
WiRO Stormwater Permit File SW8 031116

State Stormwatcr Permit No. S W 8 970721
Page 3 of 3
Portwatch Owners Association, Inc.
Mark D. Johnson, President
1 ] 8 Portwatch \�Iay
Wilmington, NC 28412
Portwatch Owners Association, Inc.
Mark D. Johnson, President
PO I3ox 15329
Carolina Beach, NC 28428
Portwatch Owners Association, Inc.
Mark D. Johnson. President
c/o 360 Southport Circle, Ste. ] 04
Virginia Beach, VA 23452
Mark D. Johnson
145 Foxwood Lane
Wilmington, NC 28409
Raw Land, LLC (Tract A)
12615 Amber Terrace
Richmond, VA 29233
GMB Properties, LLC (Lot 1)
Frank Bailey, Manager
3467 Dalmar Road
Spring I -lope, N'C 27882-8012
Maritime West Development, LLC (Lots 2/3)
Scott Gerow, Registered Agent
PO Box 789
Castle 1-layne, NC 28429
Palm Enterprises of Wilmington, LLC (Lots 4 and 11) (Lot 1 1 — SW8 000610)
Pansy Ruth Arnold, Manager
102 Portwatch Way, Unit C
Wilmington, NC 28412
Coastal KM Ventures, LLC (Lot 5)
Matthew Murphy, Manager
1202 N. Lake Park Boulevard
Carolina Beach, ;NC 28428
Paul Y. Canady (Lot 6)
109 Portwatch Way
Wilmington, INC 28412
SMS Ventures, LLC (Lot 7 — SWS 0 10 13 1)
Michael Kellum, Manager
113 Portwatch Way, Unit 103
Wilmington, NC 28412
1414R Properties, LLC (Lot 8)
Herbert L. Harris, Manager
3905 Oleander Drive, Suite 2
Wilmington, NC 28403-6732
Black Gold Holdings, LLC (Lot 10 — SW8 031 1 16)
W. Cecii Worsley, III, Manager
101 Portwatch Way
Wilmington, NC 28412-7010

Compliance Inspection Report
Permit: ' SW8970721 Effective:01l08I98 Expiration: 01/08/12
Project: Portwatch Subdivision Aka Wilmington Mar
Owner: Portwatch Owners Association
County: New Hanover Adress:
Region: Wilmington
Contact Person: Mark Johnson
Directions to Project:
CitylStatelZip:
Title: President
Type of Project: State Stormwater - HD - Detention Pond State Stormwater - Infiltration System
Drain Areas: 1 - (CAPE FEAR RIVER) (03-06-17) { SC)
On -Site Representative(s):
Related Permits:
Phone: [phone]
SW8031116 SECOF LLC - Lot 1 OR Portwatch-Portwatch Subdivision
SW8000610 Ruth Arnold and Joni Midgell - Lot 11 Portwatch
SW8010131 Sms Ventures LLC - Sms Ventures Lot 7- Portwatch
Inspection Date: 11/15/2018 Entry Time: 04A5PM Exit Time: 05:OOPM
Primary Inspector: Alida R Lewis (,V Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
® State Stormwater
(See attachment summary)
Inspection Type: Transfer Renewal
page. 1

Permit: SINS970721 Owner - Project: Portwatch owners Association
Inspection Date: 11/1512018 Inspection Type Transfer Renewal Reason for Visit: complaint
Inspection Summary:
The Division received a complaint/inquiry from an attorney representing the proposed purchaser of the Tract A lot as
shown on MB 38 at PG 84. The attorney wanted to know who was responsible for maintaining the infiltratlon basin
located on Tract A.
The infiltration basin on Tract A is covered by the permit that was originally issued to Port Cape Fear Associates on
January 8, 1998 and subsequently transferred to the Portwatch Owners Association, Inc. on August 16, 2000. The
permit also covers the wet detention pond located on Lot 9.
Since all the lot owners are members of the Association, every lot owner is responsible for maintaining the permitted
facilities.
The attorney has been unable to locate the Assocalion's president; Mark D. Johnson. The NCSOS has no filing for a
change of registered agent or mailing address for the Association since 1998.
The permit has expired and must be renewed.
Each lot owner is in violation of the permit for not maintaining the permitted facilities and for not renewing the permit in a
timely manner.
File Review
Yes No NA NE
Is the permit active? ❑ ®❑ ❑
Sinned copy of the Engineer's certification is in the file? ® ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement 1s in the file') ® ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ® ❑ ❑ ❑
Comment: 1. The permit has expired_ and has not been renewed. The permittee was notified on Auqust 22. 2011 of
the impending expiration of the permit and the need to renew it. No response was received.
Other Permit Conditions
Is the site compliant with other conditions of the permit?
Yes No NA NE
❑ ®❑ ❑
Comment. 2. The Portwatch Owners Association is still active with the NCSOS. although neither Mr. Mark D.
Johnson nor the current Board of Directors can be located. Since the lot owners are all members of the
Association. the inspection letter will be addressed to all of the lot owners. At the point in time when
they reorganize the Association, they can provide a contact name and mailing address to the Division.
3. Failure to maintain the permitted stormwater facilities.
page: 2

New Ha11ovcr County
I'aae 1 of l
PARID: R0640D-001-008-000
RAW LAND LLC
Parcel
Alt ID
311516.94.0801.000
Address
116 BRYAN RD
Unit
City
WILMINGTON
Zip Code
-
Neighborhood
CIC01
Class
IND-Industrial
Land Use Code
730-Business
Living Units
Acres
Zoning
IND-HEAVY INDUSTRIAL DISTRICT
Legal
Legal Description
Tax District
LT A PORT WATCH SID
WM
116 BRYAN RD
Owners (On Januarylst)
Owner
RAW LAND LLC
City
HAYES
State
VA
Country
Zip
23072
THE DATA IS FROM 2018
hops://etax.nhegov.com/pt/Datalets/1'rint.Datalet.aspx?pin—R06400-001-008-000&gsp=P... 11 /20/2018

i201160I471I7B�tl'�I'flp'�'R
FOR REGISTRATION "6G' !$ SM OF CEED5
NEWRHA JOVZ; pCOLt,.I H rJC
2006 RUG 18 04: f4:38 PM
Y.-5061 PG:2635-2639 rEE:$23.06
INSIRIAV f � 2X6W! F1
The Attorney preparing; this instrument has made NO record search or examination as to the
property herein descrihed, unless the same is shown by his written and signed certificate.
Tax ID Number: R06400 08-000
Excise Stamps: $0.00
Prepared by: Junes S. Price & Associates
Return to: PO Box 3006 QUITCLAIM DEED
1Vilmingion, NC 28406
THIS QUITCLALVI DETLI=t, made this the �_ clay of August, 2006, by RAW
LAND, LLC, a North Carolina Limited Liability Company, (hereinafter "C.irantor"), party
of the first. part, to RAIV LAND, LLC, a Virginia Limited Liability Company. (hereinafter
"Grantee."), party of the second part. having an address of 12615 Amber Terrace, Richmond,
VA 28233;
NV ITNESSETH
WHEREAS, a deed conveying the property described herein from Bruce E. Glisson and
wife, Vicky L_ Giisson to Rate Land, LLC was recorded on May 12, 2006 in Hook 5020 at
Page 2311 of the New Hanover County Registry; and
WHEREAS, the Glissons intended to convey said property to Raw Land, LLC, a
Virginia Limited Liability Company (here)nafter "Raw Uand-Virginia"), but have apparently
incorrectly conveyed the property to Raw Land, LLC, a North Carolina Limited Liability
Company (hereinafter "Raw I..and-NC"); and
WHEREAS, Raw Land -NC was unawareof this incorrect conve.vance until such
transaction was recently brought to its atienuon; and
WHEREAS, Raw Land -NC, has agreed to convey any and all interest it might have
received from the above -referenced conveyance to the correct party. Raw Land -Virginia,
subject to all provisions of this Quitclaim Dccd.

THEREFORE, Grantor, for and in consideration of the sum of Ten Dollars (SID.00)
and other valuable considerations, the receipt of which is hereby acknowledged, has remised
and released and by these presents does remise, release, and forever quitclaim unto the Grantee
and their successors and assigns the interest of said Grantor in and to a certain tract or parcel of
land lying and being in the County of New Hanover, State of North Carolina, and more
particularly described as follows:
SEE ATTAClIFD EXHIBIT "A"
Grantor- further specifically releases and quitclaims ro the. Grantee and its heirs.
successors in title or assigns, any and all rights or claims that it might otherwise have in the
above described lands.
Grantee, upon receipt of this conveyance and recording of this Quitclaim Deed, agrees
that it and the real estate conveyed in this Quitclaim Deed do hereby indemnify and hold
harmless Grantor for any and all costs; loss or damages, including Attorney's fees, Grantee
may suffer due to or arising out of the initial mistaken conveyance of this property to the
Grantor, and from Grantor executing and delivering this Quitclaim Deed to Grantee.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges
thereto belonging to the Grantor, free and discharged from all right, title, claim or interest of
the said Grantor or anyone claiming by, through, or under him.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his or her hand and seal.
RAW LA NI , 1 C, a N th Quolina Limited Liability Company
(SEAL)
414Y P jzl Of , MANAGER
PRINTED NANIE AND TITLE
ANOREW L. CLARK, MANAGER
(( NOTARY ACKNOWLEDGMENT FOLLOWS ON NEXT PAGE))

State of _� 6 jai 0.
CUuniv of
certify that rlie follo"'ing I)erson(s) personally appeared befuru me this day, having been
properly identified by a driver's license or other photo identification. each acknowledging to me that he
or she voluntaxily signed the foregoing document for the purpose stated therein and in the capacity
indicated:
Name of signor(s); __C1 /f�C- ; member/manager, Raw I..and, LI_C
Witness my hand and notarial seal, thisciao of August, 2006.
N OTA R Notary ] hlic
C
Typed or Printed Name of Notary Public
,ov 4�,1,•,,, 3 ! f 4y l Umrnission Exptres:

EXHIBIT "A"
BEGINNING at a concrete n1onun1ent in the Southern right. of way line of Bryan
Road (State, Road #1115, a 60 foot right of way), said Beginning point also
mark.rng the Northwest corner by the Spivey Auto Parts tract and further hero("
located at the following courses • and distances from the intersection of the
Southern right of way line of Bryan Road with the Eastern right of �vav line of
River Road (State Road #1100, a 60 foot right of' way); North 78 degrees 36
minutes 40 seconds East 546.57 feet to a point; thence North 85 degrees 10
minutes 59 seconds East a chord distance of 287.22 feet to the point and place of
BEGINNING; running thence frorn said beginning point in a Southerly direction
along the common boundary line of Spivey Auto Parts and Port Cape Fear
Associates tracts, South 8 degrees 34 minutes 00 seconds East 109.27 feet to a
point: running thence South 78 degrees 04 minutes 29 seconds best 280.48 feet
to a point in the Eastern right of' way line of Portwatch Drive (60 foot rigl-it of
%vay), as the saute is shown on a neap of subdivision of Portwatch recorded in
Map Book 38, Page 84 of the New Hanover COLinty Registry; running thence in a
Northerly direction and with the Pastern right of way line of Portwatch Drive
North 8 degrees 34 minutes 00 seconds West 190.21 feet to thy; Southern right of
�vav line of` Bryan Road; running thence along and with the Southern right of way
line of Bryan Road in an Easterly direction, South 85 degrees 35 minutes 27
seconds East at a chord distance of 287.22 feet to a concrete monument, the point
and place of' BEGINNING, containing 1.0 acres, more or less.
SUBJECT. HOWEVER, to a Non -Exclusive Easement reserved unto Grantor, it.s
successors and assigns, of an interest in and for the right to the use of the storm
water retention pond upon the subject property, including, but not limited to, the
right to discharge storm water runoff into slid pond and the right, but not the
obligation, to enter upon the property for the purposes of clearing, repairing or
maintaining the pond area and to bring the pond into compliance with any rules,
regulations, ordinances or requirements of the State of North Carolina.

,k
REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
s xsrrrrrrrrrrrre.rs.•rr+.rxa++r+•rr+ww•xs+++x,ex+•w•xwrsrrsssr•►rsxwrr.x++ss.we+..xsx•sfxs++•w:s+wrxx+ss+ssx+wx►xs.+kx+s w+
Filed For Registration: 0811812006 04:14:38 PM
Book: RE 5067 Page: 2635-2639
Document No.: 2006047167
QCD 5 PGS $23.00
Recorder:• NELSON, JACQUELINE
State of North Carolina, County of New Hanover
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING
*2006047167*
2006047167

SOS ID: 1747842
Dale Filed: 4I612018 2:39:00 I'M
Elaine F. Marshall
State of North Carolina North Carolina Secretary of State
Department of the Secretary of State C201 H 249 00606
Limited Liability Company
ARTICLES OF ORGANIZATION
Pursuant to §57D-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles
of Organization for the purpose of forming a limited liability company.
I . The name of the limited liability company is: Crown Jewel Property Groin, LLC
(See Item I of the Instructions for appropriate entity designation)
2. The name and address of each person executing these articles of organization is as follows: (State whether each
person is executing these articles of organization in the capacity of a member, organizer or both by checking
all applicable boxes.) Note: This document must be signed by all persons listed.
Name Business Address Capacity
Nancy W Guyton, Esq. Go Kincaid tt Associates, PLLC []Member ❑i0 Organizer
5215 .!unction Circle, Suite 1Do, Wilmington, NC 28412 Elivlember Organizer
❑Member LjOrganizer
3, The name of the initial registered agent is: Richard Garrigan
4. The street address and county of the initial registered agent office of the limited liability company. is:
Number and Street 3806 Providence Court
City Wilmington state: NC zip Code: 28412 County: New Hanover
5. The mailing address, if different from the street address, of the initial registered a@nitoffice is:
Number and Street
City
State: NC Zip Code:
6. Principal office information: (Select either a orb.)
a ❑ The limited liability company has a principal office.
The principal office telephone number:
County:
The street address and county of the principal office of the limited liability company is:
Number and Street
City:
State: Zip Code: County:
BUSINESS REGISTRATION DIVISION P.O. BOX 29622 Raleigh, NC 27626-0622
(Revised August. 2017) Form [r01

The mailing addrem if different from the street address, of the principal office of the company is:
Number and Street:
City:
State: Zip Code: County-
b. F� The limited liability company does not have a principal office.
Any other provisions which the limited liability company elects to include (e.g., the purpose of the entity) are
attached.
8. (Optional): Listing of Company Officials (See instructions on the importance of listing the company officials in the
creation document.
Name Title Business Address
9. (Optional}: Please provide a business e-mail address:- Privacy Redaction I
The Secretary of State's Office will e-mail the business automatically at the address provided above at no cost when a
document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is
offered, please see the instructions for this document.
10. These articles will be effective upon filing, unless a future date is specified:
This is the 6th day of 20__18.
Tignatute
Nancy M'Guyton
Type or Print Name and Title
The below space to be used if more than one organizer or member is listed in Item #2 above.
Signature
Type and Print Name and Title
Signature
Type and Print Name and Title
NOTE:
1. Filing fee is $125. This document must be filed with the Secretary of State.
HUSINESS REGISTRATION DIVISION P.O. BOX 29622 Raleigh, NC 27626-0622
(Revised August, 2017) Form L-0I

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New Hanover County
cfw72 I
Page 1 o f 1
I710Aje Ziff
PARI D: R07608-001 -011 -000
JOHNSON MARK D JAMIE S
Alt ID
Address
Unit
City
Zip Code
Neighborhood
Class
Land Use Code
Living Units
Acres
Zoning
Legal
Legal Description
Tax District
313412.95.5570.000
145 FOXWOOD LN
WILMINGTON
B2C65
RES-Residential
10-1 Fam Res
R-15-RESIDENTIAL DISTRICT
24 THRIFT ACRES SUB
FD
145 FOXWOOD LN
Owners (On Januarylst) T ��
Owner
JOHNSON MARK-D JAMIE S
City
WILMINGTON
State
NC
Country
Zip
28409
THE DATA IS FROM 2018
https:l/etax.nhegov.com/pt/l)atalets/I'rint1)atalet.aspx?piii=lZ07608-00 1 -01 1-000&gsp=P... 11 /14/2018

\orth Carolina Secretary of Statc Search Results
PaL,e I of 2
• Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View
Filings • Print an Amended a Annual Report form • Print a Pre -Populated Annual Report form
Business Corporation
Legal Name
Sound Marine Construction, Inc.
Information
Sosld: 1017609
Status: Multiple
Annual Report Status: Not Applicable
Citizenship: Foreign
Date Formed: 12/18/2007
Fiscal Month: December
State of Incorporation:
VA
Registered Agent: Johnson, Mark D.
Addresses
Reg Office Reg Mailing Mailing
118 Portwatch Way 118 Portwatch Way 360 Southport Circle Suite 104
Wilmington, NC 28412 Wilmington, NC 28412 Virginia Beach, VA 23452
Principal Office
360 Southport Circle Suite 104
Virginia Beach, VA 23452
Officers
President
Gary M Bowers
360 Southport Cir Ste 104
Virginia Beach VA 23452
Vice President 1A&
Mark D .Johnson m
360 Southport Cir Ste 104
Virginia Beach VA 23452
https://www.sosiie-gov/online_services/seareli/f3usiness Registration_IZesults 11/14/2018

North Carolina Secretary of State Search Results Page 2 of 2
Stock
littl)s://Nv%vw.sosne.gov/online_services/seareIV13usiness_Rcgist.ratioti_lzcsults 1 1 /14/2018

\cw Hanover County
j•
Pap-e 1 o1' l
PARID: R06400-001-013-000
PALM ENTERPRISES OF WILMINGTON 102 PORTWATCH WAY
Sales
Sale Date Pale Grantee Grantor Book Page Sale
rice Key
27-SEP-00 SO PALM ENTERPRISES OF ARNOLD PANSY RUTH 2811 0915 250670
WILMINGTON
11-AUG-98 S80,000 ARNOLD PANSY RUTH ETAL
28-FEB-92 SO PORT CAPE FEAR
ASSOCIATES
19-MAR-91 SO PORT CAPE FEAR
ASSOCIATES
PORT CAPE FEAR
ASSOCIATES
CSX TRANSPORTATION
INC
PORT CAPE FEAR INC
2416 0959 250669
1589 1607 250668
1535 0882 250667
Sale Details 1 of a
Sale Date
27-SEP-00
Sale Key
250670
Sale Price
S.00
Grantee
PALM ENTERPRISES OF WILMINGTON
Grantor
ARNOLD PANSY RUTH
Sale Source
D-Deed Stamps (Unverified)
Book
2811
Page
0915
Sale Type
VACANT
Sale Validity
U-Unqualified
Sale Flag
STEB
Instrument #
Instrument Type
Warranty Deed
Adj. Reason
Adj. Price
Adj. Amount
Link
Click Here to view the deed for this parcel
Mips://ctax.nlicgov.com/pt/])atalets/1'rintl)atalet.aspx?pin=1t06400-001-013-000&gsp=S... 1 1 /15/2018

C201808001157
A- JP SOS]D:0563023
Oahe Filed: 3/12/2018 11:59:00 PAI. I
r` , f lainc F. i larshall
LIMITED LIABILITY COMPANY ANNUAL P North Carolina SeeretaryofSiaie
C201.8 080 01.1.57
101Z917
NAME OF LIMITED LIABILITY COMPANY: Palm Enterprises of Wilmington, LLC _
Filing 6t co Vsa niy
SECRETARY OF STATE ID NUMBER: 0563023 STATE OF FORVATION: NE
REPORT FOR THE CALENDAR YEAR: 2018 Q}=❑1
SECTION A: REGISTERED AGENT'S INFORMATION
Changes
1. NAME OF REGISTERED AGENT:. Pansv Ruth Arnold
2. SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS & COUNTY
102 Portwatch Way, Unit C
Wilmington, NC 28412-7010 New Hanover
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Rental PrODert
4. REGISTERED OFFICE MAILING ADDRESS
102 Portwatch Way, Unit C
Wilmington, NC 28412-7010 New Hanover
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIIJ� Privacy: Redaction
HE
4, PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
102 Portwatch Way, Unit C 102 Portwatch Way, Unit C
Wilmington, NC 28412-7010 New Hanover Wilmington, NC 28412-7010 New Hanover
6. Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran -owned small business
❑ The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: Pansy Ruth Arnold NAME:
TITLE: Manager TITLE:
ADDRESS:
ADDRESS:
NAME:
TITLE:
ADDRESS:
102 Portwatch Way, Unit C
Wilmington, NC 28412
SECTIO D: E 71FICATION OF ANNUAL REPORT. Section D must be completed in its entirety by pens /business entity.
3 I
GNATURE. � Lt" a�' Itt' A7E
Form muss t)e si jned by as Company Official listed und;r Seclion C of This form.
Pnr1t or Type Name of Company Official Print or Type Title of Company Official
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200
MAIL 70: Secretary of Slate, Business Reglatrafion olo;sion. Post Office Box 29525, Raleigh, NO 2762CwD525

\,ew 1-lanover Count;
Page 1 cif` 1
A - -1
PARID: R06400-001-014-000
BLACK GOLD HOLDINGS LLC
Sales
Sale Date Sale Grantee
Price
30-JUN-15 S900,000 BLACK GOLD HOLDINGS
LLC
31-DEC-12 COASTAL KM VENTURES
LLC SERIES 3
10-MAY-06 310,500 WILMINGTON CITY OF
09-DEC-04 SO PROGRESS ENERGY
CAROLINAS INC
29-MAY-03 S125,000 SECOF LLC
29-OCT-99 S107,500 PORTWATCH
ENTERPRISES LLC
19-APR-99 S95,000 GLISSON BRUCE VICKY
28-FEB-92 SO PORT CAPE FEAR
ASSOCIATES
19-MAR-91 SO PORT CAPE FEAR
ASSOCIATES
LoPID
sw � 63/1I(v
101 PORTWATCH WAY
Grantor Book Page Kale
y
COASTAL KM VENTURES 5900 1790 516373
LLC SERIES 3
SECOF LLC 5700 2505 480547
SECOF LLC 5019 1060 405580
SECOF LLC 4597 0544 250676
PORTWATCH 3812 0281 250675
ENTERPRISES LLC
GLISSON BRUCE E VICKY 2660 0840 250674
PORT CAPE FEAR 2559 0588 250673
ASSOCIATES
CSX TRANSPORTATION 1589 1607 250672
INC
PORT CAPE FEAR INC 1535 0882 250671
Sale Details ors
Sale Date
30-JUN-15
Sale Key
516373
Sale Price
S900,000.00
Grantee
BLACK GOLD HOLDINGS LLC
Grantor
COASTAL KM VENTURES LLC SERIES 3
Sale Source
Y-Deed Stamps (Sale Price Verified)
Book
5900
Page
1790
Sale Type
IMPROVED
Sale Validity
Q-Qualified
Sale Flag
STEB
Instrument #
Instrument Type
Warranty Deed
Adj. Reason
Adj. Price
900000
Adj. Amount
Link
Click Here to view the deed for this parcel
littps://ctax.nhcgov.com/pt/l)atalcts/['rintl)atalet.aspx?pin=1Z06400-001-014-000&gsp=S... 11 /14/2018

LIMITED LIABILITY COMPANY ANNUAL REPORT
10f1i7 ~
NAME OF LIMITED LIABILITY COMPANY: Black Gold Holdings, LLC
SECRETARY OF STATE ID NUMBER: 1179707 STATE OF FORMATION: NC
REPORT FOR THE CALENDAR YEAR: ?n 1 R
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: Worslev. W. Cecil, III
2. SIGNATURE OF THE NEW REGISTERED AGENT:
E-Filed Annual Report
1179707
CA201806604104
317/2018 11:27
Changes
SIGNATURE CONSTITUTFS CONSENT TO TI IF APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
123 Shipyard Blvd 123 Shipyard Blvd
Wilmington, NC 28412-6225 New Hanover Countv Wilmington, NC 28412-6225
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Management -Coffee House/Cafes
2. PRINCIPAL OFFICE PHONE NUMBER: K910) 796-6646 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
101 Portwatch Way 101 Portwatch Way
Wilmington, NC 28412-7010 Wilmington, NC 28412-7010
6. Select one of the following if applicable. (Optional see instructions)
The company is a veteran -owned small business
The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME. John D Rees
TITLE: N/larnhar
ADDRESS:
NAME: W. Cecil Worsley . III
TITLE. Manager
ADDRESS:
NAME Java Chef, Inc.
TITLE: AAAmhor
ADDRESS:
1925 Brookhaven Rd 123 Shipyard Blvd 4000 Chapra Drive
Wilmington, NC 28409 Wilmington, NC 28412 Wilmington, NC 28412-2027
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a personlbusiness entity.
W. Cecil Worsley III
SIGNATURE
Form must be signed by a Company Official listed under Section C of This form.
3/7/2018
DA rE
W. Cecil Worsley III Manager
Print or type Name of Company Official Print or'I'ype'iitle of Company Official
This Annual Report has been filed electronically.
MAIL TO: Secrciary of Slate, Business Peristralion Division, Post Office Box 29525, Raluiuh, NC 27620-0525

New Hanover County Page I of 1
', s W
PARID: R06400-001-018-000
HHR PROPERTIES LLC 106 BRYAN RD
Sales
Sale Date Sale
Price
Grantee
02-SEP-98 S69,000
HHR PROPERTIES LLC
28-FEB-92 SO
PORT CAPE FEAR
ASSOCIATES
19-MAR-91 SO
PORT CAPE FEAR
ASSOCIATES
Grantor Book Page Kale
Y
PORT CAPE FEAR ASSOC 2427 0809 250689
CSX TRANSPORTATION 1589 1607 250688
INC
PORT CAPE FEAR INC 1535 0882 250687
Sale Details 1 ors
Sale Date
02-SEP-98
Sale Key
250689
Sale Price
$69,000.00
Grantee
HHR PROPERTIES LLC
Grantor
PORT CAPE FEAR ASSOC
Sale Source
D-Deed Stamps (Unverified)
Book
2427
Page
0809
Sale Type
VACANT
Sale Validity
Q-Qualified
Sale Flag
STEB
Instrument
Instrument Type
Warranty Deed
Adj. Reason
Adj. Price
Adj Amount
Link
Click Here to view the deed for this parcel
htt.psaletax.niicgov.com/pt/Datalets/l'rintl)atalct.aspx?pin=R06400-001-0l 8-000&gsp=S... 11 /14/2018

LIMITED LIABILITY COMPANY ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY: HHR PROPERTIES, LLC
SECRETARY OF STATE ID NUMBER: 0468817 STATE OF FORMATION: NC
REPORT FOR THE CALENDAR YEAR: )nip
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: Harriss. Herbert L
2. SIGNATURE OF THE NEW REGISTERED AGENT:
3. REGISTERED OFFICE STREET ADDRESS & COUNTY
3905 Oleander Dr, Suite 2
Wilmington, NC 28403-6732 New Hanover Coun
Filing Of`ce Use Orly
E - Filed Annual Report
0468817
CA201807803246
3119/20 i 8 02:50
Changes
$IGNATURE CONSTITUTES CONSENT TO THE APPOINTI:IENT
4. REGISTERED OFFICE MAILING ADDRESS
3905 Oleander Dr, Suite 2
Wilminqton, NC 28403-6732
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Holdinq Co
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
3905 Oleander Dr, Suite 2 3905 Oleander Dr, Suite 2
Wilmington, NC 28403-6732 New Hanover County Wilmington, NC 28403-6732
6. Select one of the following if applicable_ (Optional see instructions)
❑ The company is a veteran -owned small business
❑ The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: Brenda W Harriss
TITLE: Mrnmhrar
ADDRESS:
NAME: Herbert L Harriss
TITLE: Managing Member
ADDRESS:
NAME:
TITLE:
ADDRESS:
3905-B Oleander Dr, Suite 2 630 Nottingham Drive
Wilmington, NC 28403 Charlotte, NC 28211
SECTION D: CERTIFICATION OF ANNUAL REPORT Section D must be completed in its entirety by a person/business entity.
Brenda W Harriss 3/19/2018
SIGNAI URE DA I E
I-orm must be signed by a Company Official listed undBr Sorlion C of This torrr.
Brenda W Harriss Member
i'nnl or TypE; Name of Company Official Print or 'I ype Title of Company OHiCiai
This Annual Report has been filed electronically.
L AI[. TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 271326•0525

New 1-1,viover County Page 1 or 1
r PARID: R06400-001-017-000
SMS VENTURES LLC 113 PORTWATCH WAY
Sales
Sale Date Sale
Grantee
Grantor
Book Page Sale
PriKey
Ce
14-AUG-98 S66,000
SMS VENTURES LLC
PORT CAPE FEAR ASSOC
2418 0935 250686
ETAL
28-FEB-92 SO
PORT CAPE FEAR
CSX TRANSPORTATION
1589 1607 250685
ASSOCIATES
INC
19-MAR-91 $O
PORT CAPE FEAR
PORT CAPE FEAR INC
1535 0882 250684
ASSOCIATES
Sale Details
1 of 3
Sale Date
14-AUG-98
Sale Key
250686
Sale Price
S66,000.00
Grantee
SMS VENTURES LLC
Grantor
PORT CAPE FEAR ASSOC ETAL
Sale Source
D-Deed Stamps (Unverified)
Book
2418
Page
0935
Sale Type
VACANT
Sale Validity
Q-Qualified
Sale Flag
STEB
Instrument #
Instrument Type
Warranty Deed
Adj. Reason
Adj. Price
Adj. Amount
Link
Click Here to view the deed for this parcel
https://etax.nhcgov.cone/pt/Datalets/1'rintDatalet.aspx?pin=R06400-001-017-000&gsp—S... 1 1 /15/2018

. SGv�G1G/3!
L — C201810800681 SOSH):0446637
Date Filed: 6/212(118 11.59:00 PiNI
LIMITED LIABILITY COMPANY ANNUAL Elaine SMarshall
s\orth Carolina ecret:rry oi'Stmc
S 0120 W
NAME OF LIMITED LIABILITYCOMPANY: SMS VENTURES LLC C.2018 1II8 00681,
L LU7�-iiJa V V ill) I,
SECRETARY OF STATE ID NUMBER: 0 4 4 6 6 3 7 STA T E OF FORMATION: NC Fil!ng o8i:o Uza only
REPORT FOR TI I CALENDAR YEAR: 2018
SECTION A: REGISTERED AGENT'S INFORMATION Changes
i. NAME OF ?REGISTERED AGENT:
2- SIGNATURE OF THE NEW REGISI
3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
f
Val uhi 103
t�' Q-+Wkkh \q!w
uni l 103
i. _..0~drruno4m,
1I,C— 2bgt;L 4y
0min4C, 2"A-
NGy e�' -
--
SECTION B: PRINCIPAL OFFICE INFORMATION
DESCRIPTION OF NATURE OF BUSINESS: CbMAyfU AA o- a1
3. PRINGWAL
2. PRINCIPAL OFFICE PHONE NUMBER: 910 - 7 9 9 - 9 8 3 5 OFFICE EMAIL;
4. PRINCIPAL OFFICE S1 REET ADDRESS & COUNTY 5, PRINCIPAL OFFICE MAILING ADDRESS
�� r. •Imn• .! �� •
a"' fe A
6. Select one of the following it applicable. (Optional see instructions) SEE STATEMENT 2
The company is a veteran -owned small business
= The company is a service -disabled veteran -owned small business
SECTION Q COMPANY OFFICIALS (Enter additional company officials in Section E.)
- NAME: ..ILAfn-.NAtJI£: is C-9_0 `I n, NNME: �r.*-( er-
TITLE: _aa)ne� TITLE: DuDot t' _ TITLE: Djn'Cr
ADDRESS: I I3 i0Pd41- Pr 1�cIAq ADDRESS: i I3?01fvtt_CP WaQ ADDRESS: � 13 7 00rVP_&A vjz:j
LW+ 103 4 _ _ S�. �tni �' V An' I D 3 `9_A -
% �T n'L Gc6 412 .
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person business entity.
- — � -- - - - - - -
SIGNATURE DAB
Form mLst ho 91gnud b y a Company OM.1e1 ktad unaar Suoiion C or This corm.
MichAd S k_M ULPA MANAGER/MEMBER
Print or Typo Namo or Company ONlciar Print or Typa Title of Cnmparry Official
t 12-07.17 MAI T0: So otary 6r state, BYalness Reg4tratler, Owision. Past Offs— Baa 29525. Ralnlgh, NC 27626fi525
2-07
. a�G131

I1
.New Hatiover County 11age 1 of 1
�t !f,
PARI D; R06400-001-016-000
CANADY PAUL YOPP ETAL 109 PORTWATCH WAY
Parcel
Alt ID
311516.84.7564.000
Address
109 PORTWATCH WAY
Unit
City
WI LM I NGTON
Zip Code
Neighborhood
CIC01
Class
IND-Industrial
Land Use Code
•730-Business
Living Units
Acres
-
Zoning
IND-HEAVY INDUSTRIAL DISTRICT
Legal
Legal Description
Tax District
LT 6R PORTWATCH S/D
WM
Owners (On Januarylst)
Owner
CANADY PAUL YOPP ETAL
City
WI LM I NGTON
State
NC
Country
Zip
28412
THE DATA IS FROM 2018
lhttps://etax.nhegov.com/pt/Datalcts/1'rintDataIet.aspx?pin=R06400-001-016-000&gsp-P... 1 1 /14/2018

New Hanover County
Page 1 of 1
ill
PARID: R06617-008-031-000 1�
CANADY PAUL Y DEBORAH C 1509 STOCKBRIDGE PL
Parcel
Alt ID
313509.15.5120.000
Address
1509 STOCKBRIDGE PL
Unit
City
WILMINGTON
Zip Code
Neighborhood
t6CO3
Class
RES-Residential
Land Use Code
10-1 Fam Res
Living Units
1
Acres
Zoning
R-7-RESIDENTIAL DISTRICT
Legal
Legal Description
Tax District
Owners (On Januarylst)
LT 68 SEC 2 STONINGTON
WM
Owner
CANADY PAUL Y DEBORAH C
City
WILMI NGTON
State
NC
Country
Zip
28409
THE DATA IS FROM 2018
https://ctax.nhegov.com/ptJDalaiets/1'riiitDatalet.aspx?pin=lZ06617-008-031-000&gspW13... 1 1/14/2018

\eNv i-I1anovor County
Page 1 of 1
, Chi
5
PARID: R06400-001-015-000
COASTAL KM VENTURES LLC SERIES 3 105 PORTWATCH WAY
Sales _.-.
Sate Date Sale Grantee
Price
Grantor
31-DEC-12 COASTAL KM VENTURES LLC SECOF LLC
SERIES 3
Book Page Sale
Key
5700 2502 480546
28-JUN-04 5115,000 SECOF LLC LERAY BARRY W 4386 0165 250680
ATHENASIA B
02-JUN-99 582,500 LERAY BARRY WATHENASIA
B
28-FEB-92 SO PORT CAPE FEAR
ASSOCIATES
19-MAR-91 SO PORT CAPE FEAR
ASSOCIATES
PORT CAPE FEAR 2585 0303 250679
ASSOCIATES
CSX TRANSPORTATION 1589 1607 250678
INC
PORT CAPE FEAR INC 1535 0882 250677
La-ie-'-Details _ 1 ors
Sale Date
Sale Key
Sale Price
Grantee
Grantor
Sale Source
Book
Page
Sale Type
Sale Validity
Sale Flag
STEB
Instrument #
Instrument Type
Adj. Reason
Adj. Price
Adj. Amount
Link
31-DEC-12
480546
COASTAL KM VENTURES LLC SERIES 3
SECOF LLC
5700
2502
IMPROVED
Warranty Deed
Click Here to view the deed for this parcel
https://etax.nhcgov.com/pt/Dataletslilrir)t Datalct.aspx?pica=tZ.06400-001-0l 5-000&gsp=S... 11 / 14/2018

LC5�5
r =� LIMITED LIABILITY COMPANY ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY: Coastal Km Ventures, LLC
nin^y Of`ce Usa Orly
SECRETARY OF STATE ID NUMBER: 1082464 STATE OF FORMATION: DE E - Filed Annual Report Iljl
1flR2464
REPORT FOR THE CALENDAR YEAR: 2018 511W20 8 11: 186
s�iwza�s 11:11
SECTION A: REGISTERED AGENT'S INFORMATION Changes
1. NAME OF REGISTERED AGENT- Graves, Rick E.
2. SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTFS CONSENT TO THE APPOINTf:1FNT
3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
5700 Oleander Drive 5700 Oleander Drive
Wilmington, NC 28403-4714 New Hanover County Wilmington, NC 28403-4714
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Irnia¢fmant
2. PRINCIPAL OFFICE PHONE NUMBER: _(910) 458-5605 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
1202 N Lake Park Blvd 1202 N Lake Park Blvd
Carolina Beach, NC 28428-4131 New Hanover County Carolina Beach, NC 28428-4131
6. Select one of the following if applicable. (Optional see instructions)
The company is a veteran -owned small business
❑ The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: Matthew Murphy NAME:
TITLE: Manager TITLE:
ADDRESS:
1202 N Lake Park Blvd
Carolina Beach, NC 28428
ADDRESS:
NAME:
TITLE:
ADDRESS:
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
Matthew Murphy 5/10/2018
SIGNATURE DATE
Form must he signed by a Company Official listed ur,def Section C of his form.
Matthew Murphy Manacter
Pr nt or Typr; Name of Company Official Pnf)l or Type Title of Company Official
This Annual Report has been filed electronically.
MAIL. TO: Secretary of State, Business Regislrafion Division, Post Office Box 29525, Raleigh, NC 27620-0525

New Hanover Count. Page 1 of 1
Y
PARI D: R06400-001-012-000
PALM ENTERPRISES OF WILMINGTON LLC 106 PORTWATCH WAY
Sales ��
Sale Date Sale Grantee
Price
17-APR-07 S100.000 PALM ENTERPRISES OF
WILMINGTON LLC
01-FEB-07 550,000 D&L TRUCKING INC
25-SEP-06 DUFFY ENTERPRISES INC
10-AUG-98 SO AIRLIE ENTERPRISES LLC
10-AUG-98 S67,500 AIRLIE ENTERPRISES LLC
28-FEB-92 SO PORT CAPE FEAR
ASSOCIATES
19-MAR-91 SO PORT CAPE FEAR
ASSOCIATES
Grantor Book Page Sale
Key
D&L TRUCKING INC 5169 2732 418826
DUFFY ENTERPRISES
5136 2483 415889
INC
AIRLIE ENTERPRISES
5083 1302 410481
LLC
PORT CAPE FEAR
2416 0809 250666
ASSOCIATES
PORT CAPE FEAR
2416 0007 250665
ASSOC ETALS
CSX
1589 1607 250664
TRANSPORTATION INC
PORT CAPE FEAR INC
1535 0882 250663
Sale Details 1 of
Sale Date
17-APR-07
Sale Key
418826
Sale Price
S100,000.00
Grantee
PALM ENTERPRISES OF WILMINGTON LLC
Grantor
D&L TRUCKING INC
Sale Source
S-Signed Verification Letter
Book
5169
Page
2732
Sale Type
VACANT
Sale Validity
V-Verified for Use
Sale Flag
STEB
Instrument #
Instrument Type
Warranty Deed
Ad}. Reason
Adj. Price
Adj. Amount
Link
Click Here to view the deed for this parcel
hitps://etax.n]iegov.com/ptJ])atalets/iIrintDatalet.asl)x?pin=l�06400-001-012-000&gsp=S... 1 1 /14/2018

C201808001.157
Lf s 4 A00
e. SOSII): 0553023
Date Filed: 3/12/2018 1.1:59:00 IINI
ll
LIMITED LIABILITY COMPANY ANNUAL R larolin Secretary
\urth Carolina Secretary ol'Slute
10r20f]
C2018 081) 011 >7
NAME OF LIMITED LIABILITY COMPANY: Palm Enterprises of Wilmington, LLC
SECRETARY OF STATE ID NUMBER: 0563023 STATE OF FORMATION: NC
REPORT FOR THE CALENDAR YEAR: 2018
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT:, Pansy Ruth Arnold
2. SIGNATURE OF THE NEW REGISTERED AGENT:
3. REGISTERED OFFICE STREET ADDRESS & COUNTY
Fiilrg Ot ca Use Only
16-
r] Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
4. REGISTERED OFFICE MAILING ADDRESS
102 Portwatch Way, Unit C 102 Portwatch Way, Unit C
Wilmin ton, NC 28412-7010 New Hanover Wilmington, NC 28412-7010 New Hanover
SECTION 5: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Rental Pro ert
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAILI Privaev Redaetiun�
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
102 Portwatch Way, Unit C
Wilmington, NC 28412-7010 New Hanover
102 Portwatch Way, Unit C
Wilmington, NC 28412-7010 New Hanover
6. Select one of the following if applicable. SOptional see instructions)
The company is a veteran -owned small business
The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: Pansy Ruth Arnold NAME:
TITLE: Manager TITLE:
ADDRESS: ADDRESS:
102 Portwatch Wav, Unit C
NAME:
TITLE:
ADDRESS:
Wilmington, NC 28412
SECTIO D: E TIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by pers (business entity.
3
GNATURE ATE
Form must be si jneld by aa,Compa�nyy Official fisted under Section C of This form.
Print or TypC Name of Company Official Print or Type Title of Company Official
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200
MAIL TO'. Secrolary of Slate, Business Registration Division, Post Office Box 29525, Raleigh. NC 27626-0525

New ]-{anther County
Paige 1 of, l
PARID: R06400-001-010-000
MARITIME WEST DEVELOPMENT LLC
L0�5 213
recon, 6��ec�
110 PORTWATCH WAY
Sales
Sale Date Prilce Grantee Grantor Book Page Ke e
Y
22-DEC-06 MARITIME WEST PORT CAPE FEAR ASSOC 5122 852 414401
DEVELOPMENT LLC
16-MAR-99 S150,000 MARITIME WEST
DEVELOPMENT LLC
28-FEB-92 $0 PORT CAPE FEAR
ASSOCIATES
19-MAR-91 SO PORT CAPE FEAR
ASSOCIATES
PORT CAPE FEAR
ASSOCIATES
CSX TRANSPORTATION
INC
PORT CAPE FEAR INC
2539 0180 250659
1589 1607 250658
1535 0882 250657
Sale Details t of
Sale Date
22-DEC-06
Sale Key
414401
Sale Price
Grantee
MARITIME WEST DEVELOPMENT LLC
Grantor
PORT CAPE FEAR ASSOC
Sale Source
-
Book
5122
Page
852
Sale Type
IMPROVED
Sale Validity
U-Unqualified
Sale Flag
STE B
C
Instrument #
Instrument Type
Deed of Correction
Adj. Reason
Adj. Price
Adj. Amount
Link
Click Here to view the deed for this parcel
https://Ctax.nhcgov.corn/pt/])atalets/['rintDatalet.aspx?pin=lZ.06400-001-010-000&gsp=S— 11/14/2018

z[3 .
LIMITED LIABILITY COMPANY ANNUAL REPORT
!0.12017�F Gar
NAME OF LIMITED LIABILITY COMPANY: MARITIME WEST DEVELOPMENT. LLC
SECRETARY OF STATE ID NUMBER: 0490970 STATE OF FORMATION: NC
REPORT FOR THE CALENDAR YEAR: )nl R
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: GEROW, SCOTT T.
2. SIGNATURE OF THE NEW REGISTERED AGENT:
E - Filed Annual Report
0490970
CA201810-303190
40612018 11:11
Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
2706 Dirck Road 2706 Dirck Road
Castle Hayne, NC 28429-5207 New Hanover County Castle Hayne, NC 28429-5207
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Development
2. PRINCIPAL OFFICE PHONE NUMBER: [phone]
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY
2706 Dirck Road
3. PRINCIPAL OFFICE EMAIL: Privacv Redaction
5. PRINCIPAL OFFICE MAILING ADDRESS
2706 Dirck Road
Castle Hayne, NC 28429-0789 New Hanover County Castle Hayne, NC 28429-0789
6. Select one of the following if applicable. (Optional see instructions)
The company is a veteran -awned small business
The company is a service -disabled veleran-owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: Scott T Gerow NAME: NAME:
TITLE: Member TITLE: TITLE:
ADDRESS:
PO Box 789
Castle Hayne, NC 28429
ADDRESS:
ADDRESS:
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in ils entirely by a person/business entity,
Scott T Gerow 4/16/2018
SIGNAI URE DAI E
Form must be signed by a Company Official listed ur•der Section C of this form.
Scott T Gerow Member
Print or Type Name of Company Official Print or Type 1 itle of Company Official
This Annual Report has been filed electronically.
MAIL TO: Secretary of State, Business Rej;islration Division, Post Offico Box 29525, Raleigh, NC 270213-0525

L of C2018109 f 4113
SOSID: (1716706
Date filed: 3/26/21118 11:59:011 l',N1
LIMITED LIABILITY COMPANY ANNUAL 1aroli l.t�lrel
\urlh Carolina Secretary ol'Stmc
C201 K .1.09 004.13
NAME OF LIMITED LIABILITY COMPANY: GMB Properties, LLC
SECRETARY -OF STATE ID NUMBER: 0716706
REPORT FOR THE CALENDAR YEAR: 2018
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: Frank Ba
2. SIGNATURE OF THE NEW REGISTERED AGENT:
3. REGISTERED OFFICE STREET ADDRESS & COUNTY
3467 Dalmar Road
Spring Hope, NC 27882-8012 Nash
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Rentals
Fd-P.d 01ce Use Only
STATE OF FORMATION; NC
t
L �
Z
®Changes
2: PRINCIPAL OFFICE PHONE NUMBER: a252)813-2705
4. PRINCIPAL OFFICE STREET ADDRESS $ COUNTY
3467 Dalmar Road
SIGNATURE CONSTITUTES CONSEr4T TO THE APPOINTMENT
4. REGISTERED OFFICE MAILING ADDRESS
3467 Dalmar Road
Spring Hope, NC 27882-8012 Nash
3, PRINCIPAL OFFICE EMAI Privacy Redaction
5. PRINCIPAL OFFICE MAILING ADDRESS
Wi
3467 Dalmar Road
S rp ing Vie, NC 27882-8012 Nash Spring Hope, NC 27882-8012 Nash '�
6. Select one of the following it applicable. (Optional see instructions)
The company is a veteran -owned small business
ElThe company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: Frank Bailey NAME:
TITLE: Manaaer TITLE -
ADDRESS:
3467 DaInnar Road
Spring Hope, NC 27882 Nash
ADDRESS:
NAME:
TITLE
ADDRESS:
SECTION D: CERTIFICATION OF ANNUAL REPORT, Section D must be completed in its entirety by a'perscnlbusiness entity.
IGNATURE DATE
Form must be signed t,y a Company Ofiiciak list d uncle Section C of This form. ,
Frank Bailey Manager
Print or Type Name of Company Official Print or Type Titte of Company Official
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200
MATt. TO: Secretary ct State. Business Registration Division, Past Ortice Box 29525. Raleigh, NC 27626-0525

Hanover County
Page 1 or 1
PARID: R06400-001-009-000
GMB PROPERTIES LLC
118 PORTWATCH WAY
Sales
Sale Date Sale
lce
Grantee
Grantor
Book Page Sale
Y
29-OCT-10 S760,500 GMB PROPERTIES LLC
SOUND MARINE INC
5521 2852 456483
25-JUN-03 SO
SOUND MARINE INC
RADIUS REALTY LLC
3857 0819 250656
23-JUL-02 SO
RADIUS REALTY LLC
JOHNSON MARK D JAMIE
S 3368 0512 250655
27-MAY-99 S97,000
JOHNSON MARK D JAMIE
S PORT CAPE FEAR
2582 0294 250654
ASSOCIATES
28-FEB-92 SO
PORT CAPE FEAR
CSX TRANSPORTATION
1589 1607 250653
ASSOCIATES
INC
19-MAR-91 $O
PORT CAPE FEAR
PORT CAPE FEAR INC
1535 0882 250652
ASSOCIATES
Sale Details 1 of 6
Sale Date
29-OCT-10
Sale Key
456483
Sale Price
5760,500.00
Grantee
GMB PROPERTIES LLC
Grantor
SOUND MARINE INC
Sale Source
S-Signed Verification Letter
Book
5521
Page
2852
Sale Type
IMPROVED
Sate Validity
U-Unqualified
Sale Flag
STEB
E
Instrument #
Instrument Type
Warranty Deed
Adj. Reason
Adj. Price
Adj. Amount
Link
Click Here to view the deed for this parcel
https://ctax.n.hcgov.com/pt/Datalets/11rMtDatalet.aspOpin=R06400-001-009-000&gsp=S... 1 1 /14/2018

Excise Pax: $ Z 1 .0 4
,�,p
xfw
2010030857
-Or RNEJG=1NStiITPNv=EViCNS=_TLESrirf OP DE£OSRRTONPEGu
2£7'W 29 u2:56:40
NC7
K Rini SiFMp:2i;52'i.
_�4r ca.( r] -RO6+F 00 -C]C I^009 -000
Recording Timc, Rook and Pagc:
Pwxxl Neo we �ne.-$
Mail after recording to: ' Wiliam A. Lascara, Esquire, Pender & Coward, P.C., 222 Central Park Avenue, 0400, Virginia
Beach, Virginia 23462 [phone]
This instrwneca was prepared by: William A. Lancers, Esquire
Brief Description for index: Lot 1, Port Watch, Map BooklCabinet ffff
Hanover County Registry
NORTH CAROLINA DEED IN LIEU OF FORCLOSURE
This DEED, made this n d day of October 2010 by and berwcen
GRANTOR
SOUND K RINE, INC.
a North Carolina corporation
118 Portwatcb Way, Wllmington
North Carolina 29412
GRANTEE
GAIB PROPERTIES, LLC,
■ Virginia limited liability company
1253 N. LYLYNNVIEW ROAD
VIRGINIA BEACH, VA 23454
Enter in appropriate block for each party. name, address, and, if appropriate, character of entity, e.q. corporation or parmemitip.
The designadon Grantor and Grantee as used herein shall include said parties, their heirs, sW-CCUors and assign, and shall jnrlildc
singular, plural, masculine, feminine or neuter as required by COMM
1kTTNCSSETH:
WHEREAS, the Grants herein, GMR Properties, LLC, is the holder of two (2) Notes: Promissory Note dated November 14, 2008,
made by Sound Marine, Inc, to Branch Banking and Trust Company, a North Carolina corporation, in the original principal amount
of S50,0W.00, and Promissory Note dated November 14, 2008, made by Sound Marine, Inc. to Branch Banking and Trust
Company, a North Carolina corporation, in the original principal amount of $739,500.00, and secured by a certain deed of trust on
the following described teal estate, which deed of trust is dated November 14, 2008. and made by Sound Marine, Inc., Borrower, to
BR&T Collateral Strvicc Corporation, Trustee, and Branch Banking and Trust Company, a North Carolina banking corporation, as
Beneficiary, recorded as Instrument No. 2008044200, in Book 5359, at page 2182, of the Official Records of the Office of the
Register of Deeds for New Hanover County, North Carolina; and
WHEREAS, this conveyance is Made in renuu for full and complete satisfaction of the aforementioned NOW seeurcd by the above -
mentioned Deed of Trust.
NOW, THEREFORE, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of all of which is hereby
acknowledged, has and by dwse presents does grant, bargain, sell and convey unto the said Grantees in fee simple, all that certain lot or
parcel of lard situated in New Hanover County, North Carolina, more particularly described as follows:
Lot 1, Port Watch, as shown on plat recorded in Map Rook/Cabincl 38, Page 84, New Hanover County
Registry, reference to which is hereby made for a more particular description.

The property hereinabove deacnbod was acquired by Grantor by' insmun nt recorded in Book 3857 Page 819-821
A map sbowiag the above described property is recorded in Plat Book 38 Page 84
TO I LAVE AND TO HOLD the aforesaid lot or pmwl of land and all privileges and appurtenani;M thereto belonging tt, Graatczs in
fee simple.
And the Grantor w,-=um a with the Gnntee, that Grantor is seized of the premises in fcc sunpke, has the right to convey the same in fee
simple, that title is nwirke * le and free and clear of all encumbrances, and that Grantor will warrant end defend the tide against the
lawfW clams of all persons whomsoever except fur the exceptions hereinafter stated
Title to the property hcreinaWvc described is subject to the following exceptions:
Reservations, restrictions sad easements of record.
IN WITNESS WHEREOF, the Gmntw hat hereunto set his hand and seal, or if wrpmwe, has causal this instrwrmi to be signed in its wrporatc
name by its duty authorized off om and its seal w be hat unto affixed by authority of its flomd of Dirwom the day and year first above written.
SOUND MARINL, INC.,
a Nortb CaroAnu corporation (SEAL.)
orporate Name)
By / By (SEAL)
Marks . J Presidrnt
SI'A' F NORTIi CAROLLNA• COUNTY/CITY OF
I, L lo,rra� a Notary Public y
/h a r K j� fly�j.� s rf'�r ,,.•'•;: o'�' �_
appeared before rrre this day and acknowledge$`the do cUc'Aon of the foregoing instrument for the ptmpo
W imess my hand and official stamp or sea] this �� day of
AFFIX NOTARY S4AL y�� Notary Public
My commission expires: M"{ A r.::
�7
C';

NOTICE TO R] GISTER -D AGENT:
Under N.C.G.S. Section 57C-2-40, it is the duty of the registered agent to fotu'ard the certificate attached below to the corporation at it last
known address.
Radius Realty, LLC (636412)
l 18 POT -,Ward Way
'lrilmington, NC 28412
STATE OF NORTH CAROLINA
D1 I'�RTMLN"C OI' 1'I IL SI C1�.11'C'ARY OI" STATE"
CERTIFICATE OF DISSOLUTION
I. Elaine F. i1%,Iar'sh.rll. Secretary of State, as mandated by law; do hereby certify that
lZadins Really. LLC
has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 57C-6-03
for lailure to file an annual repoil effective as of the date set forth hereunder.
A Llrlllted Liability Company adrniniAratively dissolved under fir-C.G.S. Section 57C-6-03 may apply
to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S.
Section 57C-6-03.
This the 5a1 day ol'April, 2005.
l"'laine F.iklarshall
Secretary of State:

NOTICE TO REGISTERED AGENT;
Under N.C.G.S. Section 55D-30(b), it is the duty of the registered agent to fort^.,ard this certificate to the business entity at the last known
address.
Mark D. Johnson
Sound Marine, Inc. (0635573)
118 Portwatch Way.
Wilmington; NC 28412
State of North Carolina
Department of the Secretary of State
CERTIFICATE OIL' Al)MINISTRA"1 I E 1)IS6'0j.f[T'C1O
1, Elaine 17. Marshall, Secretary of State, as rnandated by lax, do hereby certify that
Sound Marine, Inc.
has been administratively dissolved pursuant to the procedure sct forth in N.C.G.S. Section 55-14-21
for failure to file an annual report effective as of the date set forth hereunder.
A corporation achninistratively dissolved under N.C.G.S. Section 55-14-21 may apply to the Secretary
of State for reinstatement by complying with the procedure set forth in the _N.C.G.S. Section 55-14-22.
'Phis the 28th clay of September, 2015
lalaine F. Marshall
Secretary of State
Docurnent Id: C201527106593

NO REVENUE STAMPS 20030397I]
COR AMSTRAT:ON REGISTER OF DEEDS
RERECCQ T CHRISTICN'
NEu3r,�WI'IOVEL� COull-.! . NC
NON YVlI 25 24 04 V PM
9K:'18S7 P1')•919-921 ; tE V7 00
IN6111IJ .rfl N MINIM 11
WARRANTY DEED
'IT -IF A'I"f0R\`I:Y PREPARING THIS INSTRUMENT HAS MADE NO RECORD SEARCH OR TITLE
> XA-MfNATION AS,ro TmE PROPIERTY1iFREiN DI SCRfBFD, UNLESS THE SAME IS SHOWN
13Y HIS WRI1713N AND SIGNED CERTIFICATE
Mail after recording to Sound Marine, Inc., P 0 Box 15329, Wilmington;NC 2S408
This instrument was prepared by Jackson, Mills & Carter, P A, 5710 Oleander Dnve, Suite 112,
Wilmington, NC 28403
Brief descripnon for the I.ot 1, fort Watch S/D
Parcel No R06400-001-009-000 RETURN TO JAMON, MIUS r!<CAR'TM
STATE 01, N(DIZTI-I CAROLINA
COUNTY OF NEW HANOVER GENER:IL WARRANTY DEED
HIS DEED made this 25� THIS of%TVN& 2003 by and between RADIUS REALTY, LLC,
a Nord: Carolina Limited Liabilny Company, hereafter GRANTOR, and SOUND MARINTE, INC ,
hereafter GRANTEE The designation Grantor and Grantee as used herein shall include said parties,
their :heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter
as required by context
WITNESSETH
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in
fee simple ail that certain lot or parcel of land situated in New Hanover County, Nor h Carolina and
more particularly described as follows
Being all of Lot 1, Por: Watch, as shown on a revised inap recorded in Map }took
38, Page 84 of the New Hanover County Registry, rcferencc to which is hereby trade
fo- a more particular description
The property herei iabove described was acquired by Grantor by instrument recorded in the New
Hanover County Registry
TO HAVE AND TO HOLD the aforesaid lot or parcel of land acid all privileges and appurtenances
thereto belonging to the Grantee in fee simple
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee sunple,
has the right to convey the same in fee simple, that title is marketable and &ce and Ilea; of all
eretunbrances, and that Grantor will warrant anti defend the title against the lawful claiTTIS of all

persons whomsoever except'
I All restnctive covenants of record,
2 Ad valorem taxes for the year 2003 and thereafter;
3 All utility eascrnenls, pet-mas and nghts of way of record;
4 All zoning, land use and planning rules, regulations, ordinances and statutes
IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its corporate name
by its duly authonzed officers and rs sea] to be hereunto affixed by authonty of its Hoard of
Directors, the day and year first above written
RADIUS REALTY, LLC
A North Carolina Limited Liability Company
BY
BY
BY �U I (SEAL)
Member
STATE OF NORTH CAROLINA
COUNTY 01' NFW HANOVI?R
1, DalpR.. Covil , a Notary Public of the County of
Pender and State aforesaid; do hereby cenify that
F. Darryl Mi.11s Jon C. Leeuwenburg
Karts D. Johnson personally appeared before me this day and acknowledged the
foregoing instrorwit as a Members of RADIUS RELATY, LLC, a North Carolina Limited Liability
Company
WITNFSS my hand and official stamp or seal. this 25 day of June , 2003
Notary Public
My Commission Expires
3/16/06
(AFFIX NOTARIAL SEAL)
SwrDOC slu'UKADNS SON

sa ,i LIMITED LIABILITY COMPANY ANNUAL REPORT
10120:7
NAME OF LIMITED LIABILITY COMPANY; Port Cape Fear Associates, LLC
SECRETARY OF STATE ID NUMBER: 1128790 STATE OF FORMATION: NC
REPORT FOR THE CALENDAR YEAR: 2018
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: Fry, Nelson B. , III
2. SIGNATURE OF THE NEW REGISTERED AGENT:
3. REGISTERED OFFICE STREET ADDRESS & COUNTY
3410 River Road, Suite 201
Wilmington, NC 28412-6241 New Hanover Cou
SECTION B. PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Wilco
2. PRINCIPAL OFFICE PHONE NUMBER: (q1m 3nri-5r 5ri x
4, PRINCIPAL OFFICE STREET ADDRESS & COUNTY
3410 River Road, Suite 201
Wilminaton. NC 28412-6241 New Hanover Countv
E • Filed Annual Report
1128790
CA201810603200
4/16/2018 11:12
Changes
SIGNATURE CONSTITUTES CONSENT TO TI IE APPOINTMENT
4. REGISTERED OFFICE MAILING ADDRESS
3410 River Road, Suite 201
Wilmington, NC 28412-6241
n Marine Center
3. PRINCIPAL OFFICE EMAIL: Privacv Redaction
5. PRINCIPAL OFFICE MAILING ADDRESS
3410 River Road, Suite 201
Wilmington, NC 28412-6241
6. Select one of the following if applicable. (Optional see instructions)
The company is a veteran -owned small business
The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: Nelson B. Fry , III
TITLE: Manaaer
ADDRESS:
NAME: Charles A. Paul
TITLE: Manager
ADDRESS:
NAME:
TITLE:
ADDRESS:
3410 River Road, Suite 201 1508 Military Cutoff Road Suite 204
Wilmington, NC 28412 Wilmington, NC 28403
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirely by a person/business entity.
Nelson B. Fry III
4/16/2018
SIGNAL URE DATE
Form must be signed by a Company Official listed under Section C of This form.
Nelson B. Fry III Manager
Print or Type Name of Company Official Print or Type Title of Company Official
This Annual Report has been filed electronically.
MAR. TO: Secretary of State, Business Registralion Division, Post Office Box 29525, Raleigh, NC 27626-0525

New Hanover County Page 1 of 2
Searched for:
Number 3410
Street RIVER
Suffix RD
2018-2018
No Results 1 - 59 of 59
Parcel ID
I Owner Name
I Parcel Address
I Roll
LUC
B0920B090
PORT CAPE FEAR ASSOCIATES
3410 RIVER RD
BP
NIA
B09706476
DURANT 0 E SHIP CHANDLER
3410 RIVER RD
BP
N/A
B201320152
TOTAL OFFSHORE YACHT SALES
3410 RIVER RD
BP
NIA
B201629438
CFRRC
3410 RIVER RD
BP
NIA
B201733904
SYMBIOTIC SPROUTS LLC
3410 RIVER RD
BP
NIA
B201734078
WILMINGTON MARINE SERVICE LLC
3410 RIVER RD
BP
NIA
B201735929
WILMINGTON YACHT CHARTERS
3410 RIVER RD
BP
NIA
P098000443
CAPE FEAR NAUTICAL
3410 RIVER RD
PP
NIA
P099000112
RUARK JAMES W
3410 RIVER RD
PP
NIA
P200100046
CHAMYAN ALEJANDRO
3410 RIVER RD
PP
NIA
P200100435
WLMINGTON MARINE CENTER
3410 RIVER RD
PP
NIA
P200100535
FRANKE HERMAN HAROLD
3410 RIVER RD
PP
N/A
P200200817
STURDY CORPORATION
3410 RIVER RD
PP
NIA
P200400957
THOMPSON CHRISTOPHER
3410 RIVER RD
PP
NIA
P200500326 .
DAVIDSON MARION A
3410 RIVER RD
PP
NIA
P200500433
DURANT 0 E INC SHIP CHANDLER
3410 RIVER RD
PP
NIA
P200602836
ROSENBERGER STEPHEN
3410 RIVER RD
PP
NIA
P200700750
FARR AUSTIN A
3410 RIVER RD
PP
NIA
P200902337
YOLI PETER
3410 RIVER RD
PP
NIA
P201003314
JOHNSON BRIAN R
3410 RIVER RD
PP
NIA
P201005043
CRAWFORD JIM
3410 RIVER RD
PP
NIA
P201005049
MARSHALL CHRIS
3410 RIVER RD
PP
N/A
P201005052
TAYLOR JIM
3410 RIVER RD
PP
N/A
P201005056
WRIGHT WILLIAM A
3410 RIVER RD
PP
NIA
iP201108695
RICE JOHN H
341C RIVER RD
PP
NIA
P201317399
THOMPSON SUSAN STEVEN
3410 RIVER RD
PP
NIA
P201317479
HINSON MARTHA R
3410 RIVER RD
PP
NIA
P201317889
MOEHRKE DAVID A
3410 RIVER RD
PP
NIA
P201319968
HAMMONCRI MONTE
3410 RIVER R❑
PP
NIA
P201423777
THOMAS DAVID P JR DIANE N
3410 RIVER RD
PP
NIA
P201528115
HARTMAN TOM
3410 RIVER RD
PP
NIA
P201628120
RICKLEFS RAY
3410 RIVER RD
PP
N/A
P201528125
DOLMSETH STEVE
3410 RIVER RD
PP
N/A
P201528128
BATSON JEFFERY
3410 RIVER RD
PP
N/A
P201528130
BATSON JOSEPH GUY
3410 RIVER RD
PP
N/A
P201528139
JESSER RICK
3410 RIVER RD
PP
NIA
P201528146
LECORRE CHRISTIAN
3410 RIVER RD
PP
NIA
P201528147
DLUGY-HEGWER ROLFE
3410 RIVER RD
PP
NIA
P201528149
BROWN SIMON
3410 RIVER RD
PP
NIA
P201628845
WRONE ANTHONY EARL
3410 RIVER RD
PP
NIA
P201631601
FEENEY JOHN ROSS
3410 RIVER RD
PP
NIA
P201633415
FRY NELSON
3410 RIVER RD
PP
NIA
P201734807
MCCARLEY III JOHN D
3410 RIVER RD
PP
NIA
P201735092
SEVERT SAMUEL B
3410 RIVER RD
PP
NIA
P201735925
NICHOLS NAUTICAL STITCHES
3410 RIVER RD
PP
NIA
P201735926
POWELL ERIC J
3410 RIVER RD
PP
N/A
P201735938
BERGSTROM LARS E
3410 RIVER RD
PP
N/A
P201735939
BURDETTE WILKES
3410 RIVER RD
PP
N/A
P201735941
DANIEL NOYACE
3410 RIVER RD
PP
NIA
httpsa/ctax.nhcgov.conilptJSearchll'rir>tSearcli.aspx?]'rintAII=I &type=ADDRESS&slnde... 11/15/2018

\evv Hanover County
Pap,c 2 of'2
P201735942
FAWCETT RUSSELL
3410 RIVER RD
PP
NIA
P201735943
HAYWOOD ARICIA
3410 RIVER RD
PP
NIA
P201735944
HERNANDEZ FERNANDO
3410 RIVER RD
PP
NIA
P201735945
JENKINS ALEXANDER M
3410 RIVER RD
PP
NIA
P201735948
MARTEL MICHEL
3410 RIVER RD
PP
NIA
P201735949
SOLES STACEY
3410 RIVER RD
PP
NIA
P201735951
TRUELOVE ROBERT
.3410 RIVER RD
PP
N!A
P201840177
RUFFNER ROBERT F JR
3410 RIVER RD
PP
NIA
R06400-001-001-000
PORT CAPE FEAR ASSOCIATES LLC
3410 RIVER RD
RP
449
R06400.001-024-000
PORT CAPE FEAR ASSOCIATES LLC
3410 RIVER RD
RP
449
htlps://etax.rlhegov.cornlpt/Searchll)rirntSearch.aspx?l'rintAll=l&type=Al)I) tLSS&slndc... 11/15/2018

North Carolina Secretary of'State Search Results
htips://www.sosnc.gov/online_scrviccs/search/llusiness_Registration_Re...
• Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings
Non -Profit Corporation
Legal Name
PORTWATCH OWNERS ASSOCIATION, INC.
Information
Sosld: 0453909
Status: Current -Active
Annual Report Status: Not Applicable
Citizenship: Domestic
Date Formed: 3/24/1998
Registered Agent: Fry, Nelson B, III
Addresses
Mailing Reg Office Reg Mailing
3410 River Road New Hanover County 3410 River Road 3410 River Road
Wilmington, NC 28412 Wilmington; NC 28412 Wilmington, NC 28412
l of 1 11/1512018, 12:05 PNI

Lewis,Linda
From:
Lewis,Llnda
Sent:
Thursday, November 15, 2018 4:46 PM
To:
'Nancy Guyton'
Cc:
Scott, Georgette
Subject:
RE: [External] RE: Port Watch Subdivision
The obligation to maintain lies with the Association, as the current permit holder. However, since the
Association members are the individual lot owners, the Division can also hold the individual lot
owners accountable and responsible for their lack of action in regards to their maintenance
obligation. The Association may have changed leadership, but it is still a viable entity registered with
the NCSOS.
More research of the lot in question has revealed some confusing information: it appears as "Lot 1"
on that map recorded on July 24, 1998 in MB 38 at Page 73. This is the same plat reference in the
recorded deed restrictions, also recorded on July 24, 1998 in DB 2405 at Page 430. All the lots
shown on that plat are the "Property" to be held, transferred, sold and conveyed subject to those
covenants, which would appear to include your client's lot.
Just a few days later, on August 9, 1998, a revised survey map of Portwatch was recorded in MB 38
at Page 84. A note on this plat indicates that its purpose is to revise the lot numbers. What was Lot
was changed to "Tract A". What was Lot 2 became Lot 1, and so on.
There is no designation assigned to this lot on the approved stormwater plans. It is simply shown
with "existing development" of a building and parking, and a small basin. Tax records show that a
building permit for this lot was pulled in February 1996, a full 17 months before the stormwater permit
was issued. We think, but do not know for sure, that the existing basin was required by either the City
of Wilmington or New Hanover County to meet their pre/post ordinance requirements. Under the
970721 stormwater permit, the existing basin on that lot was proposed to be "enlarged" to
accommodate the runoff from the adjacent proposed Lot, shown as Lot 1 on the approved plan. The
consultant designed the infiltration basin with an allocation of 25,690 square feet of "Offsite" built -
upon area, presumably to accommodate the "existing development" on the lot.
All of the deeds for this lot contain the following statement, which also appears in the deeds for the
rest of the lots covered by this permit:
"Subject however, to a Non -Exclusive Easement reserved unto GRANTOR, its successors and
assigns, of an interest in and, for the right to the use of, the storm water detention pond upon
the subject property, including, but not limited to, the right to discharge storm water runoff into
said pond and the right, but not the obligation, to enter onto the property for the purposes of
clearing, repairing, or maintaining the pond area and to bring the pond into compliance with
any rules, regulations, ordinance, or requirements of the State of North Carolina."
I think this statement originated with the original permittee, in order to allow them to revise the
drainage and use this facility, if needed, for additional development. However, it doesn't make sense
for the subsequent sellers to keep this statement in there, because the individual lot owner will not
have the ability to bring more runoff into that SCM without modifying the permit, which requires the
consent of the Association.

Due to the covenant plat reference, and in the absence of any subsequent recorded plat which
specifically eliminated Tract A from the subdivision, my gut feeling is that the lot in question (Lot 1 in
MB 38 at Page 73 / Tract A in MB 38 at Page 84) is part of Portwatch and is covered by the
permit. As such, if your client purchased this lot, I believe your client would then become a member
in the Association, subject to the recorded covenants, and would be held responsible for contributing
to the maintenance of the permitted systems.
Linda
From: Nancy Guyton <[e-mail]>
Sent: Thursday, November 15, 2018 1:02 PM
To: Lewis,Linda <[e-mail]>; Scott, Georgette <[e-mail]>
Cc: Scott, Georgette <[e-mail]>
Subject: RE: [External] RE: Port Watch Subdivision
Thank you. I believe you are correct about the Mark Johnson issue:
If my client purchases Parcel A does he have any obligations regarding the maintenance of the stormwater system
located on his property? Or does only the POA?
Nancy M. Guyton, Esq.
Kincaid & Associates, PLLC
5215 Junction Circle, Suite 100
Wilmington, NC 28412
Phone: [phone] direct
Office: 910-399-7907
Fax: [phone]
E-Mail: [e-mail]
www.kincaidandassociates.com
North Carolina State Bar Board Certified
Specialist Real Property Transactions:
Residential, Business, Commercial & Industrial
BOARD CERTIFIED SPECIALIST
.Q.T. t..+ou.6 u.:[ a•+
L LELITE
Confidential: This e-mail contains a communication that may be protected by the work product doctrine and/or
attorney -client privilege. If you do not expect such a communication from Nancy M. Guyton, please delete this message
without reading it or any attachment, and notify the sender at the above listed email of this inadvertent misdelivery.
We are required by IRS Circular 230 to inform you that any statements contained herein are not intended or written to
be used, and cannot be used, by you or any other taxpayer, for the purpose of avoiding any penalties that may be
imposed by federal tax law. This warning is required by the IRS. If this email contains no direct or indirect tax advice,
then this warning is not applicable.

From: Lewis,Linda <[e-mail]_>
Sent: Thursday, November 15, 2018 12:53 PM
To: Nancy Guyton <[e-mail]>; Scott, Georgette <[e-mail]>
Cc: Scott, Georgette <[e-mail]>
Subject: RE: [External] RE: Port Watch Subdivision
Thank you.
Since the permit was transferred to the Association in 2000, 1 am not sure that the mailing address on
the 1998 creation filing is still valid, but I will include it since it is different from the other mailing
address we've been able to locate. Ideally, when Mr. Johnson became president of the Association,
he would have filed the necessary paperwork with the NCSOS to update the registered agent and the
mailing address.
The Mark Johnson we're interested in has a middle initial of "D", not "R", so the custom home builder
Mark Richard Johnson, is probably not the same guy.
Maintenance responsibility for both of the permitted systems remains with the permittee until such
time as the Division approves of a request to transfer the permit. The state has no resources to hire
the necessary equipment and personnel to perform maintenance and has no legal mechanism in
place to bill permittees to be reimbursed.
Linda
From: Nancy Guyton <nguyton@kincaidandas_sociates.com>
Sent: Thursday, November 15, 2018 12:37 PM
To: Lewis,Linda <linda.lewis ncdenr. ov>; Scott, Georgette < eor ette.scott ncdenr. ov>
Cc: Scott, Georgette <[e-mail],>
Subject: RE: [External] RE: Port Watch Subdivision
Linda,
I appreciate your research on this issue so quickly.
I do not have the original filed articles of incorporation for Port Watch Owners Association, Inc. The SoS website says it is
an active corporation — nonprofit corps do not have to file annual reports, so they are valid unless dissolved and there
are no Articles of Dissolution filed. There are no articles of incorporation filed in the New Hanover County Registry.
I have attached a legible copy of the information for the association from the SoS website for your information. Nelson
Fry the registered agent is at the 3410 River Road address. He has signed documents for the developer in the past and is
also the registered agent for Wilmington Marine Service, Inc. which operates a business at 3410 River Road. I
recommend sending to him as the registered agent as well. He is also the registered agent for Port Cape Fear, Inc., a
general partner of Port Cape Fear Associates, the general partner that was the original Developer. He signed the deed to
the POA for the storm pond area from the developer. I believe I sent that deed, but am attaching it here for your info.
Mark Johnson is a local builder and I suspect he may have been the Mark Johnson involved with the development, but I
am not sure. I have attached the SoS info page, the 2017 annual report and the General Contractors Licensing Board
into page for that business.

Parcel A, which my client has under contract, is part of the subdivision under the Declaration — the lot is included in the
legal description attached to the Declaration.
I am interested in the responsibilities of the owner of Parcel A for the system, since the permit is expired and there
appears to be no active POA at this time.
Thank you again.
Nancy M. Guyton, Esq.
Kincaid & Associates, PLLC
5215 Junction Circle, Suite 100
Wilmington, NC 28412
Phone: [phone] direct
Office: 910-399-7907
Fax: [phone]
E-Mail: [e-mail]
www.kincaidandassociates.com
North Carolina State Bar Board Certified
Specialist Real Property Transactions:
Residential, Business, Commercial & Industrial
®BOARD CERTIFIED SPECIALIST
■001. 4• 0414■ t1•71 41-
LEGAL
ELITE
Confidential: This e-mail contains a communication that may be protected by the work product doctrine and/or
attorney -client privilege. If you do not expect such a communication from Nancy M. Guyton, please delete this message
without reading it or any attachment, and notify the sender at the above listed email of this inadvertent misdelivery.
We are required by IRS Circular 230 to inform you that any statements contained herein are not intended or written to
be used, and cannot be used, by you or any other taxpayer, for the purpose of avoiding any penalties that may be
imposed by federal tax law. This warning is required by the IRS. If this email contains no direct or indirect tax advice,
then this warning is not applicable.
From: Lewis,Linda <[e-mail]>
Sent: Thursday, November 15, 2018 12:02 PM
To: Nancy Guyton<[e-mail]>; Scott, Georgette <georgette.scott@n_cdenr.gov>
Cc: Scott, Georgette <[e-mail]>
Subject: RF: [External] RE: Port Watch Subdivision
Nancy:
The NCSOS registered agent pdf information did not come through. Please resend it. When I access
the NCSOS website, the creation filing for Portwatch Owners Association is not available to me for
download or printing. I was hoping that you had a paper copy that you could scan and email to me.
Also, where is the referenced business property that is across the street from the Bryan Road
Property? Are you referring to 3410 River Road, or 107 Bryan Road, or 111 Bryan Road or 115 Bryan
Road? The property at 3410 River Road is owned by the old permittee, Port Cape Fear Associates,
LLC, but Mr, Johnson is not listed as a part of that LLC. There is quite a list of companies who share

that 3410 River Road address —I will research those companies to see if Mr. Johnson is affiliated with
one of those. None of the owners of the Bryan Road properties include Mark Johnson.
A couple of observations based on my research for your use:
I found a local residential property at 145 Foxwood Lane Wilmington NC 28409 that is owned by Mark
D and Jamie S Johnson. These individuals are named on the deed for Lot 1. Port Cape Fear
Associates sold it to them on May 27, 1999. 1 also found a mailing address in Virginia Beach for the
Sound Marine Construction, Inc. which lists Mr. Johnson as a vice president at 360 Southport Circle,
Ste. 104 Virginia Beach VA 23452 . I plan on using these addresses to notify Mr. Johnson, via
certified mail, regarding the on -going obligations of Portwatch Owners Association under the SW8
970721 permit. If you have another address for Mr. Johnson, I would be glad to have it.
The recorded deed restrictions are in place and contain all the required statements from the permit. .
Neither the permit nor the recorded deed restrictions require each lot to submit for an individual offsite
permit. However, I found that of the 9 development lots in the subdivision, 3 already have offsite
permits (Lot 11 - SW8 000610; Lot 7 - SW8 010131 and Lot 10 - SW8 031116). 1 plan on notifying
each of these 3 lot owners and the current permit holders about the need to accept the transfer of the
existing individual offsite permit.
The lack of an individual offsite permit for the remaining 6 lots is not a compliance issue as long as
none of those lots exceeded one acre of disturbance. Lots 1, 2R, 5, and 8 are all over one acre in
size_ I will check with Beth Wetherill at the County to see if an SEC plan was filed for the construction
on these lots. Since all but Lots 1 and 2R are just over an acre in size, it may be that the disturbed
area on those lots was less than one acre. The size of the property does not equate directly to the
amount of disturbance.
Per the recorded deed restrictions, the recombination of lots is prohibited unless the declarant
approves of it. I can't find the signature of the declarant on the recorded plat which combined Lots 2
and 3 into one Lot 2R. Only the owner of Lot 2R, Scott Gerow, appears to have signed the plat.
The infiltration basin on Tract A, which is the lot that your client is looking to purchase, is part of the
permit, and is designed to treat the runoff from Tract A (as offsite runoff) and from the adjacent Lot 1
at 85% of its area. I note that this tract changed ownership several times - Mark Johnson appears as
a principal officer in each LLC that was involved in those sales, except for the current owner, GMB
Properties, LLC, who purchased it in October 2010.
Per Article XI of the recorded deed restrictions, the declarant was supposed to assign their rights and
duties to the Association by placing those rights and duties in the hands of the Board of Directors,
which was to assume the role of the declarant for the purpose of performing or enforcing those rights
and duties. The Board of Directors is not allowed to refuse to accept the assignment of rights and
duties. I am curious to know if you found any recorded document which lists a Board of
Directors.
And finally, your client may be interested in knowing that the SW8 970721 permit expired on January
8, 2012 and has not been renewed. A renewal letter was sent to Mr. Johnson I Portwatch Owners
Association, on August 22, 2011 to remind them to submit the renewal application. No response to
that letter has been received and the permit was allowed to expire. Technically speaking, each lot
owner is in violation of the stormwater law because the facility which treats their runoff does not have
a valid permit.
5

Linda
From: Nancy Guyton<[e-mail]>
Sent: Wednesday, November 14, 2018 3:28 PM
To: Scott, Georgette <[e-mail]>
Cc: Lewis,Linda <[e-mail]>
Subject: [External] RE: Port Watch Subdivision
Georgette,
I am attaching for your information for the Portwatch Subdivision that I have.
• I am attaching the last subdivision map. There are also revised maps dealing with some Lot boundaries — let me
know if you need those.
• 1 am attaching the deed for the stormwater area
• 1 am attaching the deed to the current owner
• 1 am attaching the survey for my client (who has the property under contract only and no obligation to close)
• 1 am attaching the Declaration
• I am attaching the information for the registered agent for the Association — he was one of the partners of the
original developer and signed the deed referenced above and also owns a business across the street from the
Bryan Road property.
My client is doing due diligence to purchase 116 Bryan Road and I need to know the situation with the pond that is
located on his property. I am interested to know my client's responsibilities for the stormwater pond located on the
property he has under contract.
I understand from the real estate broker for the seller and the owner of another parcel in Port Watch that there is "no"
association. No one is aware of any association, no one pays dues, etc. But it is an active/viable nonprofit corp,
according the Secretary of state's records.
Please let me know if you need any additional information from me. Thank you!
Nancy M. Guyton, Esq.
Kincaid & Associates, PLLC
5215 Junction Circle, Suite 100
Wilmington, NC 28412
Phone: [phone] direct
Office: 910-399-7907
Fax: [phone]
E-Mail: [e-mail]
www.kincaidandassociates.com
North Carolina State Bar Board Certified
Specialist Real Property Transactions:
Residential, Business, Commercial & Industrial
®BOARD CERTIFIED SPECIALIST
p— t.■Oz—.1.te ...
{ius;.Yrss VoK.rn CAAOLP ASS
LEGAL ELITE
6

Confidential: This e-mail contains a communication that may be protected by the work product doctrine and/or
attorney -client privilege. If you do not expect such a communication from Nancy M. Guyton, please delete this message
without reading it or any attachment, and notify the sender at the above listed email of this inadvertent misdelivery.
We are required by IRS Circular 230 to inform you that any statements contained herein are not intended or written to
be used, and cannot be used, by you or any other taxpayer, for the purpose of avoiding any penalties that may be
imposed by federal tax law. This warning is required by the IRS. If this email contains no direct or indirect tax advice,
then this warning is not applicable.
From: Scott, Georgette <[e-mail]>
Sent: Wednesday, November 14, 2018 3:03 PM
To: Nancy Guyton<[e-mail]>
Cc: Lewis,Linda <[e-mail]>
Subject: Port Watch Subdivision
Ms. Guyton,
Just including my lead engineer on this email so when you send the documents you have you send to her too.
Thank you
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Georgette. Scott(dncdenr.gov
127 Cardinal Dive Ext..
Wilmington, NC 28405
" lothincjCompares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Lewis,Linda
From: Lewis,Linda
Sent: Thursday, November 15, 2018 12:02 PM
To: 'Nancy Guyton'; Scott, Georgette
Cc: Scott, Georgette
Subject: RE: [External] RE: Port Watch Subdivision
Nancy:
The NCSOS registered agent pdf information did not come through. Please resend it. When I access
the NCSOS website, the creation filing for Portwatch Owners Association is not available to me for
download or printing. I was hoping that you had a paper copy that you could scan and email to me.
Also, where is the referenced business property that is across the street from the Bryan Road
Property? Are you referring to 3410 River Road, or 107 Bryan Road, or 111 Bryan Road or 115 Bryan
Road? The property at 3410 River Road is owned by the old permittee, Port Cape Fear Associates,
LLC, but Mr. Johnson is not listed as a part of that LLC. There is quite a list of companies who share
that 3410 River Road address — I will research those companies to see if Mr. Johnson is affiliated with
one of those. None of the owners of the Bryan Road properties include Mark Johnson.
A couple of observations based on my research for your use:
I found a local residential property at 145 Foxwood Lane Wilmington NC 28409 that is owned by Mark
D and Jamie S Johnson. These individuals are named on the deed for Lot 1. Port Cape Fear
Associates sold it to them on May 27, 1999. 1 also found a mailing address in Virginia Beach for the
Sound Marine Construction, Inc. which lists Mr. Johnson as a vice president at 360 Southport Circle,
Ste. 104 Virginia Beach VA 23452 . I plan on using these addresses to notify Mr. Johnson, via
certified mail, regarding the on -going obligations of Portwatch Owners Association under the SW8
970721 permit. If you have another address for Mr. Johnson, I would be glad to have it.
The recorded deed restrictions are in place and contain all the required statements from the permit.
Neither the permit nor the recorded deed restrictions require each lot to submit for an individual offsite
permit. However, I found that of the 9 development lots in the subdivision, 3 already have offsite
permits (Lot 11 - SW8 000610; Lot 7 - SW8 010131 and Lot 10 - SW8 031116). 1 plan on notifying
each of these 3 lot owners and the current permit holders about the need to accept the transfer of the
existing individual offsite permit.
The lack of an individual offsite permit for the remaining 6 lots is not a compliance issue as long as
none of those lots exceeded one acre of disturbance. Lots 1, 2R, 5, and 8 are all over one acre in
size. I will check with Beth Wetherill at the County to see if an SEC plan was filed for the construction
on these lots. Since all but Lots 1 and 2R are just over an acre in size, it may be that the disturbed
area on those lots was less than one acre. The size of the property does not equate directly to the
amount of disturbance.
Per the recorded deed restrictions, the recombination of lots is prohibited unless the declarant
approves of it. I can't find the signature of the declarant on the recorded plat which combined Lots 2
and 3 into one Lot 2R. Only the owner of Lot 2R, Scott Gerow, appears to have signed the plat.

The infiltration basin on Tract A, which is the lot that your client is looking to purchase, is part of the
permit, and is designed to treat the runoff from Tract A (as offsite runoff) and from the adjacent Lot 1
at 85% of its area. I note that this tract changed ownership several times - Mark Johnson appears as
a principal officer in each LLC that was involved in those sales, except for the current owner, GMB
Properties, LLC, who purchased it in October 2010.
Per Article XI of the recorded deed restrictions, the declarant was supposed to assign their rights and
duties to the Association by placing those rights and duties in the hands of the Board of Directors,
which was to assume the role of the declarant for the purpose of performing or enforcing those rights
and duties. The Board of Directors is not allowed to refuse to accept the assignment of rights and
duties. I am curious to know if you found any recorded document which lists a Board of
Directors.
And finally, your client may be interested in knowing that the SW8 970721 permit expired on January
8, 2012 and has not been renewed. A renewal letter was sent to Mr. Johnson 1 Portwatch Owners
Association, on August 22, 2011 to remind them to submit the renewal application. No response to
that letter has been received and the permit was allowed to expire. Technically speaking, each lot
owner is in violation of the stormwater law because the facility which treats their runoff does not have
a valid permit.
Linda
From: Nancy Guyton<[e-mail]>
Sent: Wednesday, November 14, 2018 3:28 PM
To: Scott, Georgette <[e-mail]>
Cc: Lewis,Linda <[e-mail]>
Subject: [External] RE: Port Watch Subdivision
Georgette,
I am attaching for your information for the Portwatch Subdivision that I have.
+ I am attaching the last subdivision map. There are also revised maps dealing with some Lot boundaries — let me
know if you need those.
• 1 am attaching the deed for the stormwater area
• I am attaching the deed to the current owner
• 1 am attaching the survey for my client (who has the property under contract only and no obligation to close)
• 1 am attaching the Declaration
• 1 am attaching the information for the registered agent for the Association — he was one of the partners of the
original developer and signed the deed referenced above and also owns a business across the street from the
Bryan Road property.
My client is doing due diligence to purchase 116 Bryan Road and I need to know the situation with the pond that is
located on his property. I am interested to know my client's responsibilities for the stormwater pond located on the
property he has under contract.
I understand from the real estate broker for the seller and the owner of another parcel in Port Watch that there is "no"
association. No one is aware of any association, no one pays dues, etc. But it is an active/viable nonprofit corp.
, according the Secretary of state's records.

Please let me know if you need any additional information from me. Thank you!
Nancy M. Guyton, Esq.
Kincaid & Associates, PLLC
5215 Junction Circle, Suite 100
Wilmington, NC 28412
Phone: [phone] direct
Office: 910-399-7907
Fax: [phone]
E-Mail: [e-mail]
www.kincaidandassociates.com
North Carolina State Bar Board Certified
Specialist Real Property Transactions:
Residential, Business, Commercial & Industrial
®BOARD CERIIFI£U SPECIALIST
q�7• C•Nglu• 02.1% l•■
� G LELITE
Confidential: This e-mail contains a communication that may be protected by the work product doctrine and/or
attorney -client privilege. If you do not expect such a communication from Taney M. Guyton, please delete this message
without reading it or any attachment, and notify the sender at the above listed email of this inadvertent misdelivery.
We are required by IRS Circular 230 to inform you that any statements contained herein are not intended or written to
be used, and cannot be used, by you or any other taxpayer, for the purpose of avoiding any penalties that may be
imposed by federal tax law. This warning is required by the IRS. If this email contains no direct or indirect tax advice,
then this warning is not applicable.
From: Scott, Georgette <georgette_.scott@_ncdenr:go>
Sent: Wednesday, November 14, 2018 3:03 PM
To: Nancy Guyton<[e-mail]>
Cc. Lewis,Linda <[e-mail]>
Subject: Port Watch Subdivision
Ms. Guyton,
Just including my lead engineer on this email so when you send the documents you have you send to her too.
Thank you
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax [phone]
Georgette,[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
-'"J''Nwhing Compares .1
Email correspondence to and from this address is subject to the

North Carolina Public Records Law and may be disclosed to third parties.

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
February 25, 2011 '
Mr. Mark Johnson, President
Portwatch Owners Association
P. O. Box 15329
Wilmington, NC 28408
Division of Water Quality
Coleen H. Sullins
Director
Subject: Permit Extension, Session Laws 2009-406 and 2010-177
Stormwater Permit #SW8 970721
High Density — Port Watch Subdivision
New Hanover County
Dear Mr. Johnson:
Dee Freeman
Secretary
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any
development approval issued by the Division of Water Quality under Article 21 of
Chapter 143 of the General Statutes, which is current and valid at any point between
January 1-, 2008,' and December 31, 2010. The law extends the effective period of any
stormwater permit that is set to expire during this time frame to three (3) years from its
current expiration date. On August 2, 2010, the Governor signed Session .Law 2010-
177 which grants an extra year for a total of four (4) years extension.
Accordingly, Stormwater Permit # SW8 970721 which has already expired on 1/812008,
is now in effect until 11812012. Please resubmit the renewal application and fee at least
180 days prior to 11812012, which would be 71812011. A copy of the Renewal
Application can be obtained from the following website:
http://portal.ncdenr.org/web/wq/ws/su/stateswlforms—docs.
If you have any questions, please contact the Division of Water Quality in the
Wilmington Regional Office at 910-796-7215.
Sincerely,
Georgette Scott
Stormwater Supervisor
Division of Water Quality
S:1WQSISTORMWATERIRENEWAL1SL2009-406 2010-1771970721.febl 1
cc: Wilmington Regional Office
Wilmington Regional Office
127 Cardinal Drive Extension. Wilmington, North Carolina 28405 Ope
Phone: [phone] FAX: [phone] Cuslomer Service: 1-677-623-6748 N orth C arc) l i r a
Internet: www.flCwaterqualily.org
An Equal Qpponunity 1 Affirmalive Aclion Employer L "J

a
1999 SEP 22 PIS 4 40
`��
Prepared by:
}effrcy P. Kccrer
BLOCK, CKOUCtr,
KEEl.1 -&.
I'gsr Office BUX 4
Wiilc:iingten,'NorthCwohw 28402 G
P
�Xtl
STATL OF NORTH CAROLINA
COUNTY 017 NEW H ANOVER
UuG2,t9
otf3 n''1ii'0
PREPARER RENrDI KS b10 OPINION
AS 'I'O "Il'IIi STATUS Oh TITL ;
OF TILT SIJI3JFCT PROPHERTY
I A,N PARCEL NO.
THIS DEED, rnade this day of September, 1999, by and between PORT CAM
IFEAR ASSOCIATE'S, a North Carolina General Partnership comprised of PORT CAPE FEAR,
INC., a North Carolina corporation and J. GLEN BAKER, successor in interest to JGB
INDUSTRIt?S, INC., GRANTOR,and RRUCCE U. GLISSON AtiD VICKY L. MASSON, whose
address is: -57 / y �Q,f�4I(a," aea C�v ��� 61 �� GIL4N'1'EI:S;
.r u�tr iv 2. C. NIES 1 SSSSLIH:
I'1'I<A'[ the said GfOAN'fOR, for and in consideration of the stun of TEN DOLLARS ($10.00)
and other valuable considerations to it in hand paid by GRANI'LES, the receipt of which is hereby
acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant,
bargain, sell, and convey unto the said GRANTEES, their successor, heirs and assigns, the
following described property lying and tieing in the County of New Hanover, and State of North
Carolina, and more particularly described as follows:
BEING all of that tract or parcel of land identified in Exhibit A
attached hereto, reference to which is hereby made for a more
particular description.
TO HAVE AND TO HOLD the above granted and described premises together with all and
singular the rights, privileges, easement and appurtenances [hereunto beloriging or in anywise
appertaining unto the said GRANTEES, their successors, heirs and assigns, in fee simple.
AND the said GRANTOR, for itself, its successors and assigns, does covenant to and with
ilie said GRANTEES, their successors, heirs and assigns, that, subject to those exceptions set forth
below, it is seized in'fce of said premises and that it has good right to sell and convey the same; that
the title is marketable and free and clear from any and all encumbrances, and that it will, and its
successors and assigns shall, WARRANT AND DEFLND the title to the same against the lawful
C9/22/i999
$484.00
AptIHA RUM Essnte
Excise Tax.
E_ 134 7!

GOOK PAGE
693 0?8i
claims and demands of any and all persons whomsoever. The foregoing �%,atianties are, however,
subject to the following: the provisions of all applicable zoning; and land use ordinances, statutes
and regulations; 1999 ad valorem taxes; all applicable restrictive covenants of record; and all
applicable rights -of -way, and casements as stated herein, and of record.
IN 'TESTIMONY %UEREOF, the said GRANCOK has caused this instrument to be
executed in its partnership name by all of its General Partners, all as of the day and year first above
written.
[CORPORATE SEAL]
: XTt ES'l I-D:
` Secretary
t,
PORT CAPE FEAR ASSOCIATES,
A :North Carolina General Partnership
BY: PORT CAPE FEAR, INC.,
a North Carolina Corporation General Partner
By: k
NELSON 13. FRY, III. President
By- - (SEAL)
. G 7 BAKE al 1'artncr
2

STATE OF _NOK71F iLirr�lr!tF
COUNTY OF 4�tlitswrc�L
BOOK PAGE
?6°f 3 0 1 a 2
1, a Notary Public of' the County a-nd State aforesaid, certify that
L-J;li.ci,, I. S�§a S I,personally came before me this clay and acknowledged dial he/she
is W.A3.,, p5r t{ Secretary of P RT CAPE FEAR, INC., a North Carolina Corporation, as General
Partner of PORT CAPEFEAR ASSOCIA'I-FS, and that by authority duly given and ,Is the act of the
corporation, the foregoing instruntcnt was signed in its name by � ]'resident, sealed
with its corporate seal and attested by ltirn/her as its' 6,a„ 115rm1 � Secretary, on behalf of the
Partnership.
Witness my hand and official stamp or seal, this 2() day of 5j!pt W
1999,
���� $AC ��lc
My Commission Expires: J f. I co
STATE OF Y_C/
-eeAjfr"� Of.-
.
I,i�gq„ecAcr��, a Notary Public for the 41 and State aforesaid,
certify that,J . GLEN BAKER, as General Partner of PORT CAPE. PEAR ASSOCIA11"IS, personally
appeared before me this day and acknowledged thtt execution of the foregoing, insminiont.
Witness my handmid official stamp or seal; this /3 f� day of
1999.
>
\Otaf4- Public
4'_,�r•
'My Commission 1 xpitcs:
s'rAl.E OF NORTH CAROLINA
New Hanover County-
�orepyi��xed ' icatc 7 e(
tiolary (Nularies) Public W are, cerifuf
to be o Rezt.
A day nf— 1 r
`--� %I.ry Sue Uuls, Rrgi_irer of )re s
J�
by
Deputy!"— —t-

30�K PAGE
Exhibit "A" � 6 `� 3 0 i 8 3
Beginning; at a concrete monument ill the Southern right -of way line of Bryan Road (State Road
,'l 1 15) (60 foot right-of-way) said Beginning point also marking the Northwest comer by the Spivey
Auld Palls tract and further being located at the following courses and distances from the intersection
of the Souther right-of'wav line of Bryan Road with the Easter right-of-way' line of River Road
(State Road ? 1 100) (60 foot right-of-way); North 78 degrees 36 minutes 40 seconds East, 546.57
feet to a point; North 85 degrees 10 minutes 59 seconds East it chord distance of 172.67 feet to it
point; and South 85 degrees 35 minutes 27 seconds East a chord distance of 287.22 feet to the point
and place of Beginning; Running thence from said Beginning point in a Southerly direction along
the common boundary line of Spivey Auto farts and Port Cape 1-car Associates tracts, South 8
degrees 34 minutes 00 seconds East 109.27 feet to it point; nrnning thence South 78 degrees 04
minutes 29 seconds West 290,48 feet to a•point in the Easter right-of-way Inure of l,ortwatch Drive
(60 foot right-of-way), as the same as shown on the map of subdivision of Portw'atch recorded in
Milp Book 38 at page 84 of the New I lanover County Registry; running thence in Northerly direction
and with the Easter right-of-way line of Yortwatch Drive North 8 degrees 34 minutes 00 seconds
West 190.21 feet to the Southern right-of-way line of Bryan Road; running thence along; and with
the Southern riglml-of-way line of E3ryaur Road in an Easterly direction, South 85 degrees 35 rninutes
27 seconds East at chord distance of 287.22 feet to a concrete monument, the point and place of
beginning; Containing 1.0 acres more or less.
SUTIJECT IdOWEVER, to a Nors-lixclusive Easement reserved unto GRANTOR- its successors and
assigns, ol" an interest in and, for the right to the use of, the storm water detention pond upon the
subject property, including, but not limited to, the right to discharge storm water runoff into said
pond and the right, but not the obligation, to enter onto the property for the purposes of clearing,
repairing or maintaining the pond area and to bring the pond into compliance with any rules,
regulations, ordinances, or requirements of the State of North Carolina.

til2006047167
F'OR RECISTRAItOId REGISTER OF DEEDS
REBECCA P , Sr l F,J
JEW HAN041 R COUNTY "C
2006 M 18 04:14:38 PN
BK:5067 PG:2635-2639 EEE:$23,0e
INSIP,UPIEV # 2006N'11
The Attorney preparing this instrument has made NO record search or examination as to the
property herein described, unless the same is shown by his written and signed certificate.
I'ax IU Number: R06400 08-000
Excise Stamps: $0.00
Prepared by: James S. Price & Associates
Return to: PO Box 3006 QUITCI.,AIM DEED
Wilmington, NC 28406
THIS QUITCLAIM DEI`D, made this the � day of August, 2006, by RAW
LAND, 11LC, a Norlh Carolina Limited Liability ompany, (hereinafter "Grantor"), party
of the first part, to RAW LAND, LLC, a Virginia Limited liability Company, (hereinafter
"Grantee"), party of the Second part. having an address of 12615 Arnber Tcrrace, Richmond.
VA 28233;
NN'ITNESSET H
WHEREAS, a deed conveying the property described herein from Bruce E. Glisson and
wife, Vicky L. Glisson to Raw Land, LLC was recorded on May E2, 2006 in Book 5020 at
Page 2311 of the New Hanover County Registry: and
1VHEREAS, the Glissons intended to convey said property to Raw Land, LLC, a
Virginia Limited Liability Company (hereinafter "[taw Land -Virginia"), but have apparently
incorrectly conveyed the property to Raw Land, LLC. a North Carolina 1-invited Liability
Company (hereinafter "Raw Land -NC"); and
�\'HEREAS, Raw Land -NC was unawareof this incorrect convevance until such
transaction was recently brought to itti attention: and
WHIHKEAS, Raw Land -NC, has agreed to convey any and all interest it might have
received I'I-oIn the above -referenced conveyance to the correct party, Raw Land -Virginia,
subject to all provisions of this Quitclaim Deed.

THER1✓FORE, Grantor, for and in consideration of the surn of Ten Dollars (S 10.00)
and other valuable considerations, the receipt of which is hereby acknowledged, has remised
and released and by these presents does remise, release, and forever quitclaim unto the Grantee
and their successors and assigns the interest of said Gr-antor in and to a certain tract or parcel of
land lying and being in the County of New Hanover, State of North Carolina, and more
particularly described as follows:
SEE ATTACHED EXHIBIT "A"
Grantor further specifically releases and quitclaims to the Grantee and it.s heirs,
successors in title or assigns, ariv and all rights or claims that it might otherwise have in the
above described lands.
Grantee, upon receipt of this conveyance and recording of this Quitclaim Deed, agrees
that.it and the real estate conveyed in this Quitclaim Deed do hereby indemnify and hold
harmless Grantor for any and all costs, loss or damages, including Attorney's fees, Grantee
may suffer due to or arising out of the initial mistaken conveyance of this property to the
Grantor, and from Grantor executing and delivering this Quitclaim Deed to Grantee.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges
thereto belonging to the Grantor, fret and discharged from all right, title, claim or interest of
the said Grantor or anyone claiming by, through, or under him.
1N TESTI.NIONY WHEREOF, the Grantor has Hereunto set his or her hand and seal.
RAW LANI , L C, a Nf th C olrinla Limited Liability Company
R`,: _ L / v
' I (SEAL)
NDTZlR1 4 , (,.. cof , MANAGER
PR.CNTED NAME AND TITLE
ANDR£W L. CLARK, MANAGER
({ NOTARY ACKNOWLEDGMENT I,OLLOWS ON NEXT PAGE:} }

State of —I ()/'< )- CIq+LDllnl Q
Count• of
-
I certify that the following person(s) personally appeared before me this day, having been
properly identified by a drivers license or other photo identification, each acknowledging to me that he
Or She voluntv-11y signed the foregoing document for the purpose stated therein and in the capacity
indicated:
Name of signor(s): �A 1C�� /r9 �e member/manager, Raw Land, 1_1_C
Witmess my hand and notarial seal, this _11 clay of August, 2006.
'N0TAR N,�tmyI b I i c { `r
y;��.• 8 L1 a. + Typed or Printed Name of Notary Public
�
�PUCnunission Expires: 3

EXHIBIT "A"
BEGINNING at a concrete monument in the Southern right of way line of Bryan
Road (State Road M 15, a 60 foot right of way), said Beginning point also
marking the Northwest corner by the Spivey ,auto farts tract and further being
located at the following courses and distances from the intersection of the
Southern right of way line of Bryan Road with the Eastern right of way line of
River- Road (State Road #1100, a 60 foot. right of way)- North 78 degrees 36
minutes 40 seconds East 546.57 feet to a point; thence North 85 degrees 10
minutes 59 seconds East a chord distance of 287.22 feet to the point and place of
BEGINNING-, pinning thence from said beginning point in a Southerly direction
along the common boundary line of Spivey Auto Parts and Port Cape Fear
Associates tracts. South 8 degrees 34 minutes 00 seconds East 109.27 feet to a
point; running thence South 78 degrees 04 minutes 29 seconds West 280.48 feet
to a point in the Eastern right of way line of Portwatch Drive (60 foot. right of
way), as the sarne is shown on a miip of subdivision of Portwatch recorded in
Map Book 38, Page 84 of the New Hanover County Registry; running thence in a
Northerly direction and with the Lastern right of way line of Portwatch Drive
North 8 degrees 34 minutes 00 seconds West 190.21 feet to the Southern right of
way Iine of Bryan Road; running thence along and wvilh the Southern right of %vay
line of Bryan Road in an Easterly direction, South 85 degrees 35 minutes 27
seconds East at a chord distance of 287.22 feet to a concrete monument, the point
and place of BEGINNING, containing l _0 acres, more or less.
SUBJECT, HOWEVER, to a Non -Exclusive Easement reserved unto Grantor, its
successors and assigns, of an interest in and for the right to the use of the storin
water retention pond upon the subject property, including, but not limited to, the
right to discharge storm water- runoff into said pond and the right, but not the
obligation, to enter upon the property for the purposes of clearing, repairing or
maintaining the pond area and to bring the pond into compliance With any rules.
regulations ordinances or requirements of the State of North Carolina.

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State Stormwater Management Systems
Permit No. SW8 970721
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and
other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Portwatch Owners Association
Port Watch Subdivision
New Hanover County
FOR THE
construction, operation and maintenance of a detention pond and an infiltration basin in compliance with the
provisions of 15A NCAC 2H A 000 {hereafter referred to as the "stormwater rules") and the approved stormwater
management plans and specifications and other supporting data as attached and on file with and approved by the
Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until January 8, 2008 and shall be subject to the following
specified conditions and limitations:
I. DESIGN STANDARDS
I. This permit is effective only with respect to the nature and volume of stormwater described in the
application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described on page
3 of this permit, the Project Data Sheet. The subdivision is permitted for 11 lots, each allowed a maximum
of 85% of their respective site areas as built -upon area.
3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts
of the permit.
2

I
State Stormwater Management Systems
Permit No. SW8 970721
Project Name:
Permit Number:
Location:
Applicant:
Mailing Address:
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Port Watch Subdivision
SW8 970721
Original Application Date:
Water Body Receiving Stormwater Runoff:
Classification of Water Body:
Depth, feet:
Permanent Pool Elevation, FMSL:
Total Impervious Surfaces, ft2:
11 Lots at 85%
Roads/Parking, ftz
Other, ftz
Required Surface Area, ft2:
Provided Surface Area, ft':
Required Storage Volume, ft':
Provided Storage Volume, ft3:
Temporary Storage Elevation, FMSL:
Controlling Orifice:
Expected infiltration rate:
Time to drawdown:
New Hanover County
Mr. Mark Johnson, President
Portwatch Owners Association
118 Port Watch Way
Wilmington, NC 28412
July 14, 1997
Cape Fear River
"SC"
POND INFILTRATION
7.5 2.5
17 33.5 (Bottom)
411,431
365,716
35,850
9,865 (sidewalk)
14,231
14,432
33,059
84,688
21.1
3.5" pipe
n/a
2.1 days
SHWT = 31.5
75,390
62,584
n/a
25,690 (offsite)
2,419 (Bottom)
6,087
15,482
37 (top of basin)
overflow bypass
3.75 cf/hr/sf
.7 hours
3

State Stormwater Management Systems
Permit No. SW8 970721
H. SCHEDULE OF COMPLIANCE
No lot owner/developer/leasee shall fill in, alter, or pipe any drainage feature (such as swales) shown on the
approved plans as part of the stormwater management system without submitting a revision to the permit
and receiving approval from the Division. The 5:1 swale noted on the plans across the back of Lots 1-4 and
11 is to be used only to convey offsite runoff around the project.
2. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred
to the individual property owner.
r 3. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
C. Further subdivision of the project area.
,l f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan.
g. Alteration of the drainage patterns.
4. The Director may determine that other revisions to the project should require a modification to the permit.
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.
6. The stormwater management system shall be constructed in it's entirety, vegetated and operational for it's
intended use prior to the construction of any built -upon surface.
7. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately.
Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of
this permitted facility, a certification must be received from an appropriate designer for the system installed
certifying that the permitted facility has been installed in accordance with this permit, the approved plans
and specifications, and other supporting documentation. Any deviations from the approved plans and
specifications must be noted on the Certification.
9. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of
this permit, the approved plans and specifications, and other supporting data.
n
Ill

State Stormwater Management Systems
Permit No. SW8 970721
10. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must
be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited
to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal and unclogging of the infiltration filter media.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
C. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal from the slopes, outlet / bypass structures, orifice device, catch basins and piping.
g. Access to the outlet 1 bypass structures must be available at all times.
11. Records of maintenance activities must be kept and made available upon request to authorized personnel
of DWQ. The records will indicate the date, activity, name of person performing the work and what actions
were taken.
12. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the
amount as shown on the Project Data Sheet, per Section I, Part 2. The recorded statements must follow the
form:
a. "The maximum built -upon area per lot is 85% of the total lot area. The BUA per lot includes that
portion of the right-of-way between the lot line and the edge of pavement, structures, pavement,
walkways of brick, stone, or slate, but does not include open wood decking."
b. "The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the State."
C. "Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the State."
d. "The 5:1 swale located across the back of Lots 1-4 and 11 is for the routing of offsite water around
the project. No runoff from impervious areas on the project may be directed into the swale."
e. "Runoff from impervious areas of Lot 1 must be collected and directed to the 24" RCP stubout
provided into the adjacent infiltration basin."
f "All runoff from impervious areas on Lots 2-11 must be collected and directed into the permitted
stormwater detention pond."
13. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of
recording the plat. The recorded copy must be signed by the Permittee, dated, stamped with the deed book
number and page, and bear the stamp/signature of the Register of Deeds.
14. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum
of ten years from the date of the completion of construction.
5

State Stormwater Management Systems
Permit No. SW8 970721
III. GENERAL CONDITIONS
This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there
is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division
of Water Quality accompanied by appropriate documentation from the parties involved, such as a copy of
the deed of trust. Other supporting materials, such as a signed Operation and Maintenance plan in the case
of engineered systems, will also be required. The project must be in good standing with DWQ. The approval
of this request will be considered on its merits and may or may not be approved.
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute
143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state, and federal)
which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions; the
Permittee shall take immediate corrective action, including those as may be required by this Division, such
as the construction of additional or replacement stormwater management systems.
5. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a
permit modification, revocation and reissuance or termination does not stay any permit condition.
6. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the
stormwater facilities during normal business hours.
7. The permittee must notify the Division of any changes in name, ownership, or mailing address within 30
days.
Permit modified this the 16th day of August, 2000.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Kerr T. Stevens, Director
'i Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 970721
2

'State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
April 27, 2000
Mr. Nelson B. Fry, General Manager
Port Cape Fear Associates
3410 River Road
Wilmington, NC 28412
�1�
I0v
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: COMPLIANCE INSPECTION
Port Watch Subdivision
Stormwater Project No. SW8 970721
New Hanover County
Dear Mr. Fry:
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection Report".
The report summarizes the findings of a recent inspection of the project's stormwater controls conducted on
April 27, 2000 to determine compliance with Stormwater Permit Number SW8 970721 issued to you on January
8, 1998.
A summary of the findings and comments are noted under Section b of the report. Please inform this
Office in writing before May 27, 2000 of the specific actions that will be undertaken and the time frame
required to correct the deficiencies. Failure to provide the requested information, when required, may initiate
enforcement action. If you have any questions please contact me at the Wilmington Regional Office, telephone
number [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIINSPECT1970721.APR
CC" Phil Tripp, P.E.
Central Files
Linda Lewis
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

STORMWATER COMPLIANCE INSPECTION REPORT
1
2.
3
4
Project Name: Port Watch Subdivision
Project Number: SW8 970721 Control Measure: a wet detention pond and an
infiltration basin.
Water Body: Cape Fear River Classification: SC
Directions to site, address: Corner of River Road and Bryan Road, Wilmington, NC.
Inspection Date: April 27, 2000
Weather Conditions: sunny and cool
Compliance Issues:
a. The grass on the pond slopes is Weeping Love Grass, which is not suitable for use in North
Carolina as a vegetated cover for erosion control. The approved plans indicate that a mixture of
Bahiagrass, Lespedeza, Bermudagrass, German Millet, and Tall Fescue was supposed to be used
on the slopes.
b. There are many areas where the slopes are eroding due to the bare spots created by the Weeping
Love Grass.
C. Some of the Love Grass on the forebay is dead or dying.
d. Per Section I, Part 6, a project name change requires a permit modification. No modification or
notification was received that the project had changed names to "Port Watch".
Required Actions:
a.
b.
C.
Seed the bare areas around thee clumps of Love Grass with the permitted mixture, or remove all
the Love Grass and reseed the slopes with the approved mixture.
Repair the eroded areas and bare spots and provide permanent vegetation.
Remove the dead vegetation and reseed the forebay with the permitted grass mixture.
Inspector: Linda Lewis/
Water Quality/Wilmington Regional Office/[phone]
RSS/arl: S:IWQSISTORMWAT1 SPECT1970721.APR

4MAY ,Q 8-
SEAY LAW FIRM
ATTORNEYS AND COUNSELORS AT LAW ~�-
POST OFFICE BOX 2027
WILMINGTON, NORTH CAROLINA 28402-2027
JAMBS L. SEAY, JR.
CHARLTON L. ALLEN
March 9, 2001
Mr. Scott T. Gerow
Maritime West Development, LLC
140 Inlet Point Drive
Wilmington, NC 28409
and
519 MARKET STREET
WILMINGTON, NC 28401-4634
TELEPHONE: (910) 763-ZS25
FACSIMILE: [phone]
Mr. Nelson B. Fry, IIl � � 7
Port Cape Fear Associates
3410 River Road
Wilmington, NC 28412 S/n
Via: Certified Mail
Re: Potential flooding problem, adjoining properties to Port Watch Subdivision
Dear Sirs:
My client is James Louis Whitworth who resides at 190 Floyd Drive in Wilmington. His property
adjoins Lot 2 of the above referenced subdivision. My client is concerned about the impact your
subdivision, as is being developed, will have on his lot and surrounding properties during the next
heavy storm(s), and hurricane(s).
Mr. Whitworth has lived in this area for a thirty six years and has taken many photographs of the
properties in question after the last series of hurricanes came through the area. He has found a
tax map which shows an old ditch running through your subdivision (copy attached hereto) which
was in fact on the ground (also documented with a number of photographs) for a number of years,
until someone filled in this drainage ditch recently, which we suspect was done as part of your
development. Upon review of this information and upon my interviews with Mr. Whitworth, I am
also seriously concerned that Mr. Whitworth's property is now at much greater risk for flooding
because of your development.
My concern is based upon the history of flooding in this area as documented by Mr. Whitworth.
Hurricanes Bertha, Fran and Bonnie caused severe flooding on Mr. Whitworth's property. The
waters flowing across Mr. Whitworth's property were impeded as the result of a drainage ditch

It i
on your adjoining land being clogged with debris. This debris which clogged the ditch was
apparently caused by efforts of the then owner, Port Cape Fear, Inc. or Port Cape hears
Associates to clear its property. During the process of clearing its property, much of the
vegetation, tree limbs and debris were pushed into the old ditch. Fearing that the next storm
would cause a repeat of the flooding, the ditch in question running through your property was
cleaned up. This old ditch, as shown on the enclosed map, served as the only drainage route for
storm waters to be carried away from Mr. Whitworth's property. When the ditch was clogged
with debris, it failed to adequately carry the water away and hence backed up onto Mr.
Whitworth's property. When the ditch was cleaned out, everyone in the neighborhood waited in
anticipation for the next big storm to hit --to see if it (the ditch being cleaned out) would make a
difference. Along came Hurricane Floyd in September of 1999, with all its rain. The results of
Floyd are documented with photographs showing that Mr. Whitworth's property did not suffer
any flooding damage (none whatsoever) from Hurricane Floyd. The only conclusion to draw is
that the ditch as on the ground and as cleaned out, functioned properly for the purpose for which
it was intended.
I trust you can imagine my client's concern and horror when bulldozers showed up and began to
fill in this ditch. I know that Mr. Whitworth has attempted to bring this matter to your attention
in the past. Now he has employed me to further put you on notice by this letter.
Although I do not know by what authority the ditch in question was covered, we do believe we
have sufficient and good evidence to show that the ditch in question as cleaned, served to prevent
substantial amounts of water from backing up onto Mr. Whitworth's property and home. Now
that your property is being developed and the ditch has been filled, we question whether sufficient
attention and planning have been devoted to the issue which I raise by this letter. Although some
drainage system appears to be now on the ground, it remains to be seen what will happen to Mr.
Whitworth's property during the next big storm or hurricane. If storm -water harms his property
as the result of it backing up and not being allowed to sufficiently run through your property, then
it will be my opinion that he has a cause of action against you for negligence, and specifically for
filling in the ditch that once served to adequately carry waters away. It is my hope that your
system of new ditches will work to prevent the problems noted herein.
Several specific areas of our concern are as follows I note that a fence was erected over the
general area where storm waters pass from Mr. Whitworth's property onto your property. The
fence will probably serve to retard the flow of water in a heavy rain and serve only to catch debris
to further clog and deter the flow of water. Also, we have reviewed the map of your subdivision
as recorded at the courthouse. It does not appear that any drainage ditches as shown thereon (on
paper) have been constructed over Lots 4 and 11. We question whether the ditches that have
been constructed over Lots 2 and 3 are sufficient to carry off heavy rain waters to the same extent
as the ditch which was filled in.
In as much as the recorded Declaration of Covenants, Conditions and Restrictions have reserved
unto the Declarant, Cape Fear Associates, drainage easements for which the Declarant is
responsible for installation and maintenance, we look to such Declarant as the party responsible
for storm water runoff and to prevent water from backing up onto my client's property. To the
extent that drainage patterns have been changed by the current owner of Lots 2 and 3, we look to
that entity as the responsible party for preventing storm water runoff from backing onto my

client's property. I base my reasoning on the simple fact that the ditch, which once functioned to
prevent the backup of storm water as tested, documented and proved effective by Hurricane
Floyd, is no longer there.
It is my sincere hope that your new system will act as a sufficient substitute to the old proven
ditch. However, in the event that Mr. Whitworth suffers a loss as a result of the concerns which I
have shared with you herein, then you can expect that this letter will serve as Exhibit "A" for any
litigation which Mr. Whitworth chooses to pursue. The photographs of which I mention
(showing the old ditch and the effects of recent hurricanes) are available to you and your
engineers at my office should you be interested.
I trust that this letter will be sufficient to make you as concerned about this matter as is Mr.
Whitworth, and that you will take all steps necessary to review your drainage plan considering the
matters contained in this letter.
Sincerely,
r t
i
J. {L`. Seay, r!
}
cc: City of Wilmington
Storm Water Services Manager
P.O. Box 1810
Wilmington, NC 28402
NCDENR
Ref: SW8 970721
127 Cardinal Drive Ext.
Wilmington, NC 38405

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_._

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Of-fce
.l,illleS B. Hunt, Jr.. Governor
Bill Holman, Secretam,
Division of NN"atel- Quality
.]Line 21. 2000
Mr. Marl; Johnson, President
Porv,vatch Owners Association
1 1 SS Port Watch Way
Wilminruton. NC 28412
Subject: Transfer of Ownership
Portivatch Subdivision
Stormwater Project No, SW8 970721
New Hanover County
Dear Mr. Johnson:
The Wilmington Regional Office of the Division of Water Qualily received your request to transfer the
Stormwater Permit on June 19, 2000. Please have the enclosed Operation and Maintenance plans signed,
notarized and return them to me as soon as possible to continue processing this request. Please note that I have
hi`ghlighied all the places for you to initial, sign, or notarize.
If you have any questions, please do not hesitate to call me at [phone],
Sincerely;
Linda Lewis
Environmental Engyineci*
R'SSlarl: SAWQSISTORMVNIATILETTERS1970721..TUN
cc: Linda Lewis
127 Cardinal Ur. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An E11u11 opportunity' Affirmative Action Employer 50'% recycled/10 % post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
June 29, 1998
Mr. Nelson B. Fry
Port Cape Fear Associates
3410 River Road
Wilmington, NC 28412
Subject: COMPLIANCE INSPECTION
Wilmington Marine Center Subdivision
Stormwater Project No. SW8 970721
New Hanover County
Dear Mr. Fry:
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection
Report". The report summarizes the findings of a recent inspection of the project's stormwater controls
conducted on June 19, 1998 to determine compliance with Stormwater Management Permit Number SW8
970721 issued on January 8, 1998.
A summary of the findings and comments are noted under Section 6 of the report. Please inform this
Office in writing before July 29, 1998 of the specific actions that will be undertaken and the time frame
required to correct the deficiencies. Failure to provide the requested information, when required, may initiate
enforcement action. If you have any questions please contact me at the Wilmington Regional Office,
telephone number [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIINSPECT1970721.JUN
cc: Phil Tripp, P.E.
Central Files
Linda Lewis
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

STORMWATER COMPLIANCE INSPECTION REPORT
I. Project Name: Wilmington Marine Center Subdivision
Project Number: SW8 970721 Control Measure: Detention/Infiltration
Water Body: Cape Fear River Classification: SC
Directions to site, address: South corner of Bryan and River Road.
2. Inspection Date: June 19, 1998
Weather Conditions: Warm, clear
3. Compliance Issues:
a. The outlet structure has not been built for the pond. The outlet piping is just sticking through
the side of the pond.
b. The grass on the pond slopes is dead.
C. A copy of the recorded deed restrictions limiting the BUA, per lot to 85 % of the lot area, has
not been submitted.
d. The Engineer's Certification has not been received.
4. PE Certification Received? NO Deed Restrictions Received? NO
5. Required Action:
a. Please construct the outlet structure immediately.
b. Please reseed the pond slopes and provide irrigation and mulch to make it grow.
C. Provide a copy of the recorded deed restrictions.
d. Provide the Engineer's Certification.
Inspector: Linda Lewis
Water QualitylWilmington Regional Office/[phone]
RSS/arl: S:IWQSISTORMWATIINSPECT1970721.JUN

w
TRIPP ENGINEERING, P.C.
507 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • Fax: [phone]
November 10, 1997
NCDEHNR FIVE' D
Division of Environmental Management
Water Quality Section Nov 1. 0 1996
127 Cardinal Drive
Wilmington, NC 28405-3845 Y,. )t-
Attn: Ms. Linda Lewis -
Re: Wilmington Marine Center
New Hanover County, NC
SWS 970721
TE 97026
Dear Linda:
In regards to your correspondence dated October 2, 1997 we -offer the following for your review:
1. The 5:1 swale along the rear of lots 2, 3, 4, and 11 divert off -site runoffaway from the
project. It is not designed to carry runoff to the pond..
2. We have provided a flow distribution device for the infiltration pond.
3. We have provided dimensions for the bottom of the infiltration pond and -a detail for -the side
slopes.
4: We have re -labeled the forebay section on sheet-3.
5. The sidewalk width along Maritime Way is five (5) feet. The road detail has been revised.
6. It is our intent to store water up to elevation 21.1. Our calculations are based on the volume
available at 21.1.
7. We have provided a -soils report on the existing infiltration pond. The existing pond has not
been permitted by DWQ before. The site is less than one acre.
Please review for approval and contact us with -questions or comments. Thank you.
Sincerely,
Tripp Engineering, P.C.
S. Lance Strawn
Enc.

11/10/1997 16.26 9107635631 TRIPP ENGINEERING
'tom
PACE 01
�T
J
TFJPPENGINEERING, F.C.
507 Chestnut Street Wilmington, North Carolina 25401
910/763-51 W Fox 910/703-5031
LETTER OF TRANSMITTAL
Job No. CJ —17(4�
To: N C 3 1i_ NY, - - - - _Date,
Attention: i ► _subject;s�.��
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER �I
1 am sending you: (N ATTACHED ( ) UNDER SEPERATE COVER
(') Prints ( ) Tracings V� Copy or letter ( ) Specifications () Otner
Copies _ Item No. _... Description
ti o Iu
These are transmitted as checked below;
() For Approval ( For Your Use () Sign & Return {) Review
Remarks-
C P
GC'
Signed: L u,,.

'" 11/10/1997 16:20 9107635631 TRIPP ENGINEERING PAGE 02
November 9, 1897
Tripp Engineering, PC
507 Chestnut Street
Wilmington, North Carolina 28401
Attention: Mr. Lance Strewn
Reference- Infiltration Evaluation
Wilmington Marine Center
Wilmington, North Caroli,ja
Job No. 3066-97
Dear Mr. Strewn;
Soil Tech Engineering, Inc- has recently conducted an . evaluation of the
subsurface conditions at the Wilmington Marine Center located on Bryan Roacl
in Wilmington, North Carolina.
As requested, a representative conducted an investigation of the subsurface
Mils found in an existing water retention pond. The. various subsurface soil
strata encountered were classified by depth. Samples of each strata were
obtained and delivered to our laboratory. Once received selected samples were
tested for grain size analysis In accordance with the American society for
Testing and Materials (ASTM) procedures entitled ASTM 0-y422,; "Particle Size
Analysis of Soils."
While on -site, our representative conducted an infiltration test at a depth of is
inches below the existing ground surface. Our infiltration test indicated a rate of
saturated soils of 0,75 inches per minute. Because of relatively free draining
nature of subsurface Lois we predict a seasonal high water table content of 25 to
28 inches below the existing grouno surface,

' 11/10/1997 16:28 9107635631 TRIPP ENGINEERING
PAGE 03
Infiltration Evaluation
Wilmington Marine Center
Page TWO
Attachod pleasa find the results of our field and laboratory testing and a sKetch
of sampled locations. If you have any questions, please tail.
Yours truly,
SOIL TECH ENGINEERING, INC.
Parks A. Downing, Jr.
Manager
James Palo, IDS
PAD: JP/cw
Enclosure

11/10/1997 16:28 9167635631 TRIPP ENGINEERING PAGE 84
Surface Solis
Wilmington Marine Center
WV111mington, North Carolina
Lacatfon
01
0"-14" Brown Silty Fine to Medium
SAND
14"43" Dark Brown
Silty Fine to Madhim
SAND
Groundwater encountered at 28 inches below the existing surface.
j/
Galin Size Analysis
Location
01
#1
Depth:
(Y--14"
14"-43"
5iew =9
Percent Passing
By Weight
010
99.7
#40 •
75.7
81
$80
5.2
3.2
9200
1.9
1.5
Percent Moisture
5.2%
14.5%
Soil Daacriptiorw Brown Silty fine Dark Brown Silty
to Medium Fine to Medium
SAND SAND

-
aw..
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Water Quality Wayne McDevitt
Governor Water Quality Section Secretary
October 2, 1997
Mr. Lance Strawn
Tripp Engineering
507 Chestnut Street
Wilmington, NC 28401
Subject: ACKNOWLEDGEMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 970721
Wilmington Marine Center Subdivision
New Hanover County
Dear Mr. Strawn:
The Wilmington Regional Office received previously requested information for the Stormwater
Management Permit Application for Wilmington Marine Center Subdivision on September 3, 1997. A
preliminary review of that information has determined that the application is not complete. The following
information is needed to continue the stormwater review:
1. The 5:1 swale along the rear of Lots 2, 3, 4, and 11 just stops on Lot 11. Please don't rely
on the owner of Lot 11 to continue this swale or pipe it into the pond, because it won't
happen. Please provide for gettingthis swale into the pond now.
2. Per comment #10 on my last letter, provide a flow distribution device for the infiltration
pond, and add it's location and detail to the plans.
3. Provide dimensions for the bottom of the infiltration basin and a detail for the side slopes.
4. Relabel what you call the forebay section on Sheet 3 to the Pond and Forebay Section.
5. According to the road detail, there are two measurements for the sidewalk of Maritime Road,
one says 4' and the other says 5'. Please clarify.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal opportunity Affirmative Action Employer

Mr. Strawn
October 2, 1997
Stormwater Project No. SW8 970721
6. Don't oversize the forebay. There is no requirement to provide 20% of the required surface
area as forebay area, only 20% of the volume. According to Raleigh, the forebay can be any
depth you choose, from 3-7.5' . Oversizing the forebay causes the TSS removal ability to be
Iessened due to less surface area at the design depth, unless the forebay is as deep as the pond.
7. A vegetated "shelf' is different from a vegetated "filter". The filter is provided at the end of
the outlet structure, the shelf goes around the pond's perimeter, just under the normal pool..
8. You have stated that the design storage elevation for the State is met at 20, but since no outlet
was provided at 20, I assume your orifice calculations were based on the volume available at
elevation 21.1. Is it your intent to store water up to 21.1?
9. The soils report provided ordy investigated the former infiltration pond. I need information
for the existing infiltration pond. What was the permit or Certification number for that pond?
I am unable to find it in our records. If the pond was permitted by DWQ, then no additional
soils information will be needed, but 'the Engineer's Certification (or a verification that the
pond was built as originally designed) for this pond must be provided prior to permitting for
the additional flow.
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to November 2, 1997, or the application will
be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee.
If you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
A� 4)
Ms. Linda Lewis
Environmental Engineer
RSS/arl: S:1WQSISTORMWATIADDINF01970721.00T
M. Linda Lewis
Central Files
127 Cardinal Drive Extension, Wilmington. N.C. 28405-3945 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

11/07/1997 16:46 9107G35631 TRIPP ENGINEERING PAGE 91
TRipp ENGINEERING, P.C.
507 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • Fax: [phone]
November 7, 1997
NCDEHNR
Division of Environmental Management
Water Quatlity, Section
127 Cardinal Drive
Wilmington, NC 28405-3945
Sent VIA transmittal [phone]
Attn: Ms. Linda Lewis
Dear Litrda:
We are -in receipt of your November 7, 1997 correspondence -and -offer the following,
960617 Lot 19 Northchase: Check and completed submittal will be hand delivered Nlo ,day,
November 10, -1997_
970721 }Yilmin on M}lruro Center: We have clarified all comments except No. 9, soils report.
Field work was completed on Monday of this week and we expect the report today: We
will forward completed. submittal on Mc nday, November 10; 1997_
970828 Fury Retail: We re -submitted to your office on November 4, 1997.
970961 Teal Briar Please return this package. We are considerinS major cbmges-and re-
submitW can occur later.
910806(Mod_) Pembrokeat Landirall: We have -been delayed awaiting, architeet's floor Alan& Wanow
have sufficient information. Completed submittal will be hand delivered on Monday,
November 10, 1997,
961216 Middle .Point: We re -submitted to your office on October 27, 1997.
Please review fcw approval- and. contact us with questions or comments. Thank you.
Sincerely,
Tripp- Engineeriag, P.C.
Phillip G. Tripp
JEne.

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
November 7, 1997
Mr. Phil Tripp, P.E.
Tripp Engineering
507 Chestnut Street
Wilmington, NC 28401
114
NCDENR
ENVIRONMENT AND NATURAL RESOURCES
Subject: Project Returns
Stormwater Project Nos. SW8 970617, SW8
970721, SW8 970828, SW8 970861, SW8
910806 Mod, and SW8 961216.
New Hanover County
Dear Mr. Tripp:
The following projects are pending and no response has been received to this Office's requests for
additional information:
970617
Lot 19 NorthChase
918197
70721
Wilmington Marine Center SID
1012I97
970828
Furr Retail
9/9/97
970861
Teal Briar S1D
9/22/97
910806 Mod
Pembroke @Landfall
613197
961216 -
. Middle Point SID
8/14/97
Please inform this Office in writing immediately as to the status of each project. All of these projects
will be returned on November 10, 1997, if this information is not received today. The return of a project will
necessitate the resubmittal of all items, including the application fee.
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATILETTERSIRETU-RN.NOV
cc: Linda Lewis
127 North Cardinal Dr., Wilmington, North Carolina 2S405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

June 24, 1997
rORMWA ER
Tripp Engineering, P.C.
507 Chestnut Street E C E r V E
Wilmington, North Carolina 28401
sEP a 31997
Attention: Mr. Lance Strawn o
Reference: Hand-Augered Boring
Wilmington Marine Center
Wilmington, North Carolina
Job No. 1063-97-251
Dear Mr. Strawn:
As requested, S&ME personnel have advanced one hand-augered boring
to a depth of 9 feet below the existing ground surface at the approximate locations shown
in Figure 1. Samples of the excavated soils were transported to our laboratory where a
geotechnical engineer visually classified each sample. In addition, one sample was
subjected to laboratory gradation testing to confirm our visual classification.
The subsurface soils encountered at the test boring location generally
consisted of clean or slightly silty sands which extended from the ground surface to the
completed boring depth of 9 feet. Groundwater was noted during the drilling operations
at a depth of approximately 8 feet below the existing ground surface. The site
groundwater level will fluctuate with tidal and climatic changes, however, and may be
higher at other times of the year.
Detailed descriptions of the in -place soils are presented in Table 1, and the
results of the laboratory gradation testing are shown in Table 2.
Based on our visual classification of the in -place soils, the results of the
laboratory gradation testing, and our past experience with similar soils, we estimate that
the in -place soils will exhibit a hydraulic conductivity on the order of 1 x 10-2 to 1 x 10-4
centimeter per second. The Soil Conservation Service publication entitled, "Soil Survey
of New Hanover County, North Carolina" indicates that the in -place sands to a depth of
56 inches exhibit a very rapid permeability (greater than 20 inches per hour), whereas the
underlying sands have a moderate permeability (0.6 to 2 inches per hour). We
recommend that an estimated permeability value of 2 inches per hour be used for this site.
•1
1
SWE, Inc. 6409 Arngerdom Woy, Building B3, Wilmington, Norrh Coroiina 28405, [phone], Fax [phone]

Tripp Engineering
a June 24, 1997
Page Two
Determining the seasonal high groundwater level is difficult without
monitoring groundwater wells over time. The New Hanover County soil survey shows
that the seasonal high water table occurs at a depth exceeding 6 feet. We estimate that
the depth to the seasonal high water table could occur at a depth of about 7 feet below the
existing ground surface.
We appreciate having the opportunity to provide our services during this
phase of the project. Should you have any questions after reviewing this letter, please do
not hesitate to contact us at your convenience.
Very truly yours,
S&ME, INC.
a- �'� � IN.
Steven D, Kelly, PIE.
Branch Manager
Michael W. Behen, P.E.
Senior Geotechnical Engineer
SDK:MWB/jns
Attachments

..
TABLE 1
Boring Log
Hand-Augered Boring HA-1
Wilmington Marine Center
Wilmington, North Carolina
Job No. 1063-97-251
Depth Below
Surface e
HuclEborna SQil Description
0-2
1 OYR 2/2 Dark Brown Fine SAND
2-11
1 OYR 5/2 Grayish Brown Fine SAND —
Some Stone Fragments
11-23
10YR 611 Gray Fine SAND
23-49
IOYR 7/1 Light Gray Fine SAND
49-74
IOYR 2/1 Black Fine to Medium SAND
74-84
5YR 3/4 Reddish Brown Fine to Medium
SAND —Trace of Silt
84-101
lOYR 212 Dark Brown Fine to Medium
SAND
101-108
1 OYR 413 Brown Fine to Medium SAND
Note: Groundwater encountered on June 5, 1997, at a depth of 7.9 feet below the
existing ground surface.
:,r

Sieve
Nu
er
10
20
40
60
200
Soil Description:
TABLE 2
Gradation Test Results
Wilmington Marine Center
Wilmington, North Carolina
Job No. 1063-97-251
Percent Passing, By Weight
100.0
93.8
62.8
25.3
2.1
Black Fine to Medium SAND (SP)
-
.` � un� '+1 � � +�fua�f.�. i s� •A �qq _��S 9 �;� f "��� e'Zi. � C

W11Tt" fINGTON
N1A,R1iV�
CENTER
E3 0 R I N. C
LOCATION
_� —
I 30' Ui1LlTY LcSEWER EASEA
f
34
.LOT' ��o = 2751
1 190.1 t
1-0 14ppx. •s
69.23'
"IHA
Oki T
1 AGir6
.�� ,., I7R1v�• 1� \ � r�
1--1
22
1 ps 1ASl9N
Note: Site plan drawing provided to S&ME by Tripp Engineering personnel.
PROJECT
WILMINGTON MARINE CENTER
WILMINGTON, NORTH CAROLINA
S C ALE: 1 ` SO
JOB NO: 1063-97-251
T y,
`'f'
FIG. NO' 1
zt �ii

STATE w
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Water Quality Jonathan B. Howes
Governor Water Quality Section Secretary
July 29, 1997
Mr. Lance Strawn
Tripp Engineering
507 Chestnut Street
Wilmington, NC 28401
Subject: ACKNOWLEDGEMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 970721
Wilmington Marine Subdivision
New Hanover County
Dear Mr. Strawn:
The Wilmington Regional Office received a Stormwater Management Permit Application for
Wilmington Marine Subdivision on July 14, 1997. A preliminary review of that information has determined
that the application is not complete. The following information is needed to continue the stormwater review:
1. A soils report indicating the soil type, the Seasonal High Water Table Elevation, and the
expected infiltration rate.
2. A site investigation by Vincent Lewis and myself today indicated that the depth to the
Seasonal High Water Table for Pond 1 is about 18.67, therefore, the pond's bottom must be
no lower than 20.67. For pond 2, the SHWT elevation is just 2' below the existing pond
bottom, therefore, lowering the bottom elevation to 33.5 will not be allowed. Vincent
suggests keeping the bottom at 36 and widening and lengthening Pond 2 to achieve the
required volume.
3. Delineate the drainage area to each basin, including off -site.
4. Delineate all wetlands on site, or note on the plans that none exist.
5. Provide Attachment A.for the Iot built -upon area limit.
1
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

N
Mr. Strawn
July 29, 1997
Stormwater Project No. SW8 970721
b. Locate the ponds within recorded access/drainage easments.
7. List the BUA for Basin I in the calculations.
8. Split up the BUA in' Section III of the application between the two basins. Use both columns.
9. Provide a bypass for the excess runoff prior to entering the basins, or provide calculations
indicating that the 25 year, 24 hour storm can be stored and infiltrated. The "outlet structures"
shown must be relocated outside the basin.
10. Provide a distribution device similar to an LPP drain field to provide even distribution of the
runoff into the basin.
11. How will runoff from Lot I be directed into Pond 2? Again, the "outlet structure" must be
relocated outside of the basin, and either provide a bypass for the excess 1 " storm, or provide
calculations indicating that the 25 year, 24 hour storm can be stored and infiltrated.
Please note that this request for additional information is in response to 'a preliminary review. The
requested information should be received by this Office prior to August 29, 1997, or the application will
be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee.
If you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
�J
Ms. Linda Lewis
Environmental Engineer
RSS/arl: S:1WQSISTORMWATUDDINF01970721.JUL
cc, Linda Lewis
Central Files
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity ATrmative Action Employer

DIVISION OF WATER QUALITY
TE 9726
NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION
c�
I. GENERAL INFORMATION
(Please print clearly or type)
1. Project Name _ Wilmington Marine Center_
2. Location, directions to project (include County, Address, State Road) Attach map. New Hanover
County-, Intersection of River Road SR 1100) and Bry Road (SR 1115). _
3. Owner's Name Port Cape Fear Associates Phone [phone]
4, Owner's Mailing Address 3410 River Road
5. City Wilmington State NC Zip 28412
6. Nearest Receiving Stream Unnamed tributary of Cape Fear River Class C SW
7. Project Description Commercial sub -division
II. PERMIT INFORMATION
1. Permit No. (To befilled in bybWJ SL-) o q,) b-1 3L I
2. Application Date 07/02/97 Fee enclosed $ 385.00
3. Permit Type: X New Renewal Modification (existing Permit No.)
4. Project Type: Low Density Detentio X Infiltration Redevelop General Alter Offsite
5. Other State/Federal Permits/Approvals Required (Chet appropriate blanks)
6. CAMA Major Sedimentation/Erosion Control 404 Permit
III. BUILT UPON AREA (Please see NCAC 2H.1005 thru .1007for applicable density limits)
Drainase Drainage Breakdown of Impervious Area
Basin Basin (Please indicate below the design impervious area)
Classification _C SW Buildings
Existing Built -upon Area NIA
Proposed Buih-upon Area 407360 sf
Total Project Area 528 3353 sf
% Built -upon Area 77%
Streets 36,560 sf
Sidewalks 9,960 sf
Other 360,840 (85% imp. Per lot)
Totals 407,360 sf
IV. STORMWATER TREATMENT (Describe how the runoffwill he treated)
. Infiltration pond

V.
DEED RESTRICTIONS AND PRTECTIVE COVENANTS
VI.
5,
Deed restrictions and protective covenants are required to be recorded for all low density projects and all
subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recordl for
the type of project applied for.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the items required by the permit, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without
concurrence from the State, and that they will be recorded prior to the sale of any lot.
OWNER'S CERTIFICATION
I, Nelson B. Ski FEy certify that the information included on this permit
(Please print clearly or type)
application form is correct, that the project will be constructed in conformance with the approved plans, that the
deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge, the
proposed project complies with the requirements of 15A NCAC 2H.1000.
ize the below named person or firm to submit stormwater plans on my behalf.
Owner/
C'..,vv..G.,a,C / '
Agent Signature and Title
VH. AGENT AUTHORIZATION
7-z-9 7
Date
Person or firm name TriRR Engineering, P.C.
Mailing Address 507 Chestnut Street
City Wilmington State NC Zip _28401 Phone _ (9 763-5100T
Please submit application, fee, plans and calculations to the appropriate Regional Office.
cc: ApplicanWViRO/Central Files
STORMWATER

TRIPP ENGINEERING, P.C.
507 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • Fax: [phone]
NCDEHNR
Division of Environmental Management
Water Quality Section
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Wilmington Marine Subdivision
New Hanover County, NC
Revised Stormwater Management Plan
SW8 970721
TE No. 9726
Dear Linda:
SEP 0 3 1997
BY:
September 2, 1997
We have enclosed two (2) sets of revised plans, two (2) sets of
sealed calculations, one revised Stormwater application with Attachment
"A", one pond maintenance agreement, and one soils report. As per your
July 29, 1997 correspondence we offer the following with respect to your
comments:
1. We have enclosed a soils report.
2. We have revised the Site Plan and calculations to show a
detention pond in place of infiltration Pond 41• Pond #2
remains an infiltration pond.The existing bottom elevation
of Pond #2 is 33.5 and the bottom will not be,lowered.
3. The revised Site Plan indicates the drainage area to each
pond. Off site drainage is directed away from the ponds by
diversion swales as shown on the Site Plan.
4. No wetlands exist on this site. A note has been added to the
plan.
5. We have provided Attachment "A" for the lot built --upon area
limits.
6. We have located the ponds within access/drainage easements.
7. The revised calculations list the BUA for the detention pond.
8. We enclose a revised application with a column for each basin.
9. We have provided a bypass for the excess runoff draining to
the infiltration pond. The outlet structure has been re-
located outside the pond.
10. We are proposing to direct the runoff from Lot #1 into the
infiltration pond via a 24" RCP.

NCDEHNR - Linda Lewis
09/02/97
Page 2
Please review for approval and contact me with any questions or
comments. Thank you.
Sincerely,
Tripp Engineering, P.C.
S. Lance Strawn
Enc.

RECEIVED
JUL 21 1997
BY:
TRIPP ENGMEERING, P.C.
507 Chestnut Street Wilmington, North Carolina 28401
910/763-5100 Fax [phone]
LETTER OF TRANSMITTAL
Job No.
To: !X �� Date: 6 l (.47
Attention: �►��� Viis Subject: W LMrnfCzlDs1� /},�c/1(� �7 i�
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER
I am sending you: ((/f ATTACHED ( ) UNDER SEPERATE COVER
( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications (,-)—Other
Copies Item No. Descri ti n
These are transmitted as checked below:
( ) For Approval {) For Your Use {) Sign & Return () Review
Remarks:
4ewiv e D l G - Hry ul -rojo L) Perms Pex
cc:
Signed--Za,� LL,�.

DIVISION OF WATER QUALITY
INFILTRATION SYSTEM INVESTIGATION
porl� Z
1. The minimum bore depth:
�
4'7 5,0
PW L
2. The type of soil:
Or ;cs
HZO
3. The expected infiltration rate:
4. The depth to the Seasonal High Water Table:
5. Additional comments:
`jelr►o�S e�ry Si o� r� e-X
#Z�
Signature of Regional Office Personnel:
Linda Lewis, DWQ Vincent Lewis, Soil Scientist r
Permit Application No. Date
S :IWQSISTORMWATIFORMSIINFINVST. FOR

TRIPP ENGINEERING, P.C. ��-- ----,�
507 Chestnut Street
Wilmington, North Carolina 28401��
Phone: [phone] • Fax: [phone]
July 11, 1997
NCDEHNR
Division of Environmental Management
Water Quality Section
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Wilmington Marine Center �%//)
TE No. 9726
Dear Linda:
Enclosed please find two (2) sets of plans, two (2) sets of
sealed calculations, one (1) signed application form, one
(1) infiltration maintenance agreement and one (1) check to
cover the application fee.
Please review for approval and contact us with any questions
or comments. Thank you.
Sincerely,
I. Lmt-e- A�-�
S. Lance Strawn
PGT/js
Enc.

STATE OF NORTH CAROLI!,A c
f I DEC!PARATION OF COVENANTS,
COGtZTY OP dEW HAt;OVER << CCONDITI_QNS AND REST_R�CTiONS
THIS D_CLF.RATION, made this _l(s*' day cf July, 1996, by PORT
CAPS F IS ASSCCIAT-S, a "c:-- ttLarolina General Partnership,
hereinafter called "Declarant
OOUO2-]
W F T N E S s E T h-,
.WHEREAS., the Declarant is the owner of. the real property
described in Article I of this Declaration ;the "Property") and
desires to suhjecL said ?roperty to the protective covenants and
restrictions ';ereinafter set: forth, each and all of which is and
are cr the benefit of, and the detriment to, such Propert-y and for
each owner therecf, and shall inure to the benef.ir. of and pass and
run w: th said Property, and each and every lot or parcel thereof,
and shall apply to and hind the successor in interest and any owner
t:jereof
NOW, TH--- RE, ORF, the Declarant hereby declares that the
Property is and shall be held, trans+%reed, sold, and conveyed
subject to the protective covenants, conditions, restrictions,
duties and obligations set forth in this document.
ARTICLE I
THE PROPERTY
The real property -described ir. Exhibit "A" attached hez'et0 and
incorporated herein by reference shall be held, transferred, sold
and conveyed subject to these protective covenants and
rCS-�ricl:ionS.
ARTICLE II
DEFINITIONS .
Unless the context otherwise specifies or requires, the terms
defined in this Article II shall, for all purposen of this
Declaration, have the meanings specified:
A. "Association" or "Corporation" shall mean Portwatch
Owners Association, Inc. which has been or shall be incorporated as
a North Carolina nori-profit corporation.
B. "Building" shall mean and include the main portion of a
structure built. for permanent use on a lot, together with all
projections and extensions thereoE, including but not limited to
garages, outside platforms and docks, carports, canopies, shelters,
storage areas and porches -
"Common Area" shall mean all parts of the Property
(including any Improvements thereto and ponds thereon) owned by the
Association and such rights or inzcresta ir. any easement shown upon
the Subdivision Map recorded in Map Book _3f_ at Page -73 of
the New Hanover County Registry. The Common Area shall include
stormwater facilities constructed to satisfy the requirements
established by the State of North Carolina. The primary purpose
for and function of. the Association is to provide for and oversee
the maintenance, repair and (as necessary) replacement of such
stormwater facilities in accordance with the Stormwater Standards
and Regulations established and enforced from time to time by the
State of North Carolina or New Hanover County. The Common Area and
pond, in particular, is dedicated for private use, subject to
Declarant's reservation of an easement therein, to ensure the best
use and.the most appropriate development and improvement of each
Lot which depends on such Common Area for its drainage. This
IMPURM
534107 - Gam.-

GC! I( PAGE
Declara'ion provides for the continued maintenance of. Common Area
and stormwater facilities located thereon in accordance with
regulations 'Imposed by the State of North Carclina; and to control
or provide for s;ormwater runoff as required by the State of North
Carolina.
D. "Declarant" shall mean Port Cape Fear Associates, a "Sort.?
Carolina general partnership together with its s�;cccssors and
assigns.
E. "Declaration" shall mean. this DECLARATION CF COVENANTS
for Portwatch Park of Commerce.
irnerovements" shall mear. and include, without
limitation, buildings, outbuildings, roads, driveways, parking
areas, fences, retaining walls, screening walls, signs, loading
areas, stairs, decks, hed_es, windbreaks, plantings, planted trees
and shrubs, poles and all other structures or landscaping.
G. "Lot" wall mean any subdivided porticn of the Property
and numerically designated as shown and depicted on the map of
Par-wa-ch ?ark of Commerce datedand recorded on
48iin Map Boost 38- Page - of the New Hanover
County Registry, as amended pursuant to Articles IV and v? hereof.
hotwithstandinc the foregoing, the area designated on said map as
Lot ry9 or otlier lct used as the detention pond shall not be
considered a "lot" for the purposes of this Declaration-
V. "Owner" shall mean any person, tJrrn, partnership,
corporation or entity owning a fee simple interest in the Property,
or any subdivided portion ti-ereof, and their Tenants, as defined
here.ir or other occupants of. the Property.
1. "Property" shall mean the real property de=- iin d in
Exhibit "A" hereof.
J. "Subdivision" or "Park" shall mear. Portwatch Park of
Commerce as shown and depicted on the map of same recorded in the
Office of the Register of Deeds of New Hanover County in Map Book
['age
K. "Tenant" shall mean a person, firm, partnership,
corporation or entity legally possessing a leasehold interest, or
estate other than fee simple absolute, in any lot or other portion
of the Property or improvements thereon.
ARTICLE III
PURP9S9S OF DECLARATION
The Property is hereby subjected to these protective
covenants, conditions, restrictions and obligations to insure the
best use and the most appropriate development and improvement of
each Lot; to protect the Owners against such improper use of
surrounding Lots as will negatively impact the natural beauty of
the Property; to guard against the erection thereon of poorly
designed or proportioned structures, and structures built of
improper or unsuitable materials; to obtain harmonious and
appealing appearance and function; cc insure the highest and best
development of the Property; to encourage and assure the erection
of buildings with appropriate location thereof on any Lot; to
prevent haphazard and inharmonious improvement of the Property; to
secure and maintain proper setbacks from streets, and adequate free
spaces between structures; to provide for the compliance with
applicable zoning and land use laws, statutes, ordinances, rules of
regulations; to provide a procedure and mechanism for the levying
and collection of assessments for budgeted expenses; and in general
to provide adequately for a high quality development of the
Property and thereby to preserve and enhance the value, attractive-

COOK PAGE
7 `i 0� U ti J 2
ness and desirability of Lots therein; and specifically to provide
a means for creating, maintaining, controlling and preserving the
Property as a high quality Business/office/Industrial Park.
ARTICLE IV
ALTERATION OF LOT LINES
Cots may not be further subdivided nor re -combined and Lot
lines shall not be otherwise altered except with the prior written
censer.;: of the Declarant. Any such alteration of Lot lines or
recombination of Lots shall not he effoc O ve unless and until the
requesting Owner, at his sole cost and expense, records an amend-
ment to the Subdivision map and, if necessary, these restric'ions,
in thy_ Office of. the Register. of Deeds of New Hanover County.
Notwithstanding the foregoing, the Declarant or its assigns may
combine Lois, ,.lter Lot lines or create additional Lots, in .its
sole 0 scretion, provided such recombination., alteration, and
expansion of the development will not materially negatively impact
the value of Lots previously conveyed.
ARTICLE V
EASEMENTS
Easements for installation, maintenance, service, repair and
replacement of utilities and drainage facilities are reserved to
the Declarant, its successors and assigns, as required by the City
and/or as shown on the recorded plat of the Property along all
front, rear and side lines of each Lot or parcel in the Property.
Within these easements, no Improvement shall be permitted which may
damage or interfere with the installation, maintenance, servicing,
repair and replacement of utilities and drainage facilities.
Notwithstanding the foregoing, each Omer is responsible for
maintaining any, such easement area as is located on the such
Owner's Lot. Additionally, the drainage facilities and easements,
and the use of same by each Owner, are further subject to the
provisions of ARTICLE X, STORMWATER REGULATIONS AND RESTRICTIONS.
ARTICLE VI
ANNEXATION OF ADDITIONAL PROPERTY
The Property adjoins, or is in the vicinity of, additional
properties or parcels of land owned or controlled by the Declarant.
Declarant may from time to time cause some or all of the adjoining
parcels, or -any other land acquired or controlled hereafter, to be
subjected to the terms of this Declaration in the manner specified
below. Only the Property and any additional Property specifically
subjected to this Declaration, as set forth herein, shall be
subject to this Declaration. Nothing contained in this Declaration
nornor in any recorded or unrecorded plat, map, picture, drawing,
brochure or other representation of a scheme of development, shall
be construed as subjecting or requiring Declarant to subject to
this Declaration any Property or land now or hereafter owned or
controlled by it other than as herein defined. The fact that terms
or provisions set forth in separate or additional declarations and
agreements relating to the Property or lands other than the
Property described may be similar or identical, in whole or in
part, to this Declaration shall not be construed to mean that it
was the intent or purpose therein to subject any additional
Property to this Declaration or any terms or provisions thereof.
Declarant may, from time to time, in its absolute discretion,
subject additional lands to this Declaration, by execution and
filing for recordation with the Register of Deeds of New Hanover
County, North Carolina, an instrument expressly stating an inten-

110 G')23
tior, to ar.nex such additional land to the development contemplated
herein, ar:d specifically describing such additional lands to be so
annexed.
ARTICLE VII
DEVELOPMENT PLAN REVIEW
Ceclarant reserves the rich,, to review and, in its sole and
absolute discretion, approve or rejec•,� any and all development and
construction plans. The fol-lowing items shall be included in the
development plans and shall be submitted to Declarant for review,
purs',oant to the provision; of article VII hereof, prior to any
alteration to, grafling of or construction upon a Lot.:
A. The Site development plan for each Lot shall include the
following:
1. Location and orientation of any and all Buildings
and other structures to be erected;
2_ Parking lor:s including driveways and circulation
plan, and further showing -
a) Traffic flow and size and location of parking
spaces (including those parking spaces
designated as handicapped);
b) :,oading areas; arxi
ci Service areas.
3- Landscape and planting plan;
4. Exterior mechanical equipment and storage
locations; and
S. walkways and utility locations.
B_ Site Engineering Plan i:or the Lot, including sedimenta-
tion retention pond, if any, as required by state and local
regulations.
C. Architectural Plans for the Property including the
following:
1. Building Plans;
2. Elevations;
3. Specifications;
4. Signs;
5. Exterior Lighting;
6. Dumpster location and screening; and
7, Exterior finishes, colors, and other items which
affect the external appearance of the Building.
ARTICLE VIII
AIPPROV
Whenever required herein, approval of plans as shall be
requested by owner by submitting the same in writing to Declarant
at Wilmington Marine Center, 3410 River Road, Wilmington, North
Carolina, 28412, or at such other place as shall be from time to
d

�G,Dr. Prrc
I?'i05 0934
time designated by declarant. Approval nliall not be considered
granted unless and until specifically given in writing by
Declarant; however, Declarant shayl not unreasonably withheld or
delay its approval of such development and construction plans.
Provided that Declarant has not req"eswd additional information or
notified the applicago o, disapproval with reasons therefore within
thirty (30) daye after the complete set of development and
construction plans and supporting information requesting approval
c! plans is delivered to Declarant, then such plans shall be deemed
approved, and construction may commence.
Neither DeClarar',: nor .its successcrs or assigns, shall be
liable in damages to Owner or any third party by reason of mistakes
in judament negligence, or nonfeasa:wu arising out of or in
connection with the approval or disapproval or failure to act upon
any plans. Every person: who submits plans to Declarant agrees that
by submission thereof, he waives any and all right to bz-i: g any
action or suit against Declarant Lo recover any such damages.
Every Owner, Tenant, or other person who now or hereafter owns
or acquires any rich'_s, title, interest or estate in any Lot or
other porLio❑ of the Property is and shall be conclusively deemed
to have consented and agreed to every covenant and restriction
.contained herein whether or not reference to this Declaration it
contained in •;,he instrument by which such Owner or person acquired
an 'interest in said Property.
ARTICLE IR
DEVELOPMENT STANDARDS/USE RES RICTIONS
Declarant reserves the right to waive, alter or modify each
Development Standard or restrictive covenant set forth herein;
provided, however, any such waiver or modification must be in
writing and recorded before it becomes effective.
A. Use. The Property and all improvements thereon shall be
used only for offices, retail or wholesale trade and light
manul.act.uring type uses. Notwithstanding the ]foregoing, no Lot or
Improvement on the Property shall be used for a shopping center
and/or retail food sales without the approval of Declarant which
Declarant specifically reserves the right, in its sole and absolute
discretion, to approve or disapprove. Only high quality and
environmentally controlled uses will be allowed. e.g., no noxious
odors or fumes, no release of wastewater other than domestic
strength to the on-siCe facilities and no use that creates
excessive noise which Declarant, in its sole discretion and
opinion, determines to be excessive.
B. Building materials. No wall, facade, sheathing, or
veneer of exposed metal shall be used on any exterior elevations
of any Buildings which face or front any street or road except by
written approval of Declarant. Such Declarant approval may be
withheld or denied in Declarant's sole discretion for any reason.
Any material or treatments used on exterior elevations which are
facing or fronting a street or road must be extended onto any
exterior side walls for a distance of not less than 20 feet.
C. Outbuildings. outbuildings, with the exception of
construction facilities during actual construction, must comply
with all pertinent setback requirements and must be constructed of
the same type materials as utilized in the primary Building on the
Lot.
D. Setbacks. Each Lot shall be subject to such setback and
height restriction applicable to a heavy manufacturing (tlrrll zoning
district under the Wilmington Zoning Ordinance. In no event,
however, shall a structure be located nearer than 30 feet from any
street right-of-way nor nearer than 15 feet from any side and rear

?ti05 �`f35
Lod lines. Nctwit-standing the foregoing, if a single Owner
acc::_res two or more Lots which adjoin, and such Cwner desires and
in --ends to construct cne huild.ng on the two or more Lots, then the
side and, as the case may he, rear: setback from the common boundary
beZWeen the two or more Let:; shall not apply.
E. ?arkl g Areas, Loading Areas and Driveways.
All park_nc areas an3 driveways shall be
constructer to have a minimum setback of ten (10)
feet from any street right-o=-way.
2. All parking areas and driveways shall be
constructed LO save a minimum setback of. five l5;
feet from, any Lot line other than a street right of
way, subject, however, to the same provisions
waiving setbacks upon recombination as set forth in
Article IX(D) above.
3. Loading areas s:iall not encroach into eetback
areas.
4. Loadina areas shall he screened and situated so as
to reduce or eliminate their visual impact from the
street or from neighboring properties-
F. Parking, Loading and Unloading. No damaged vehicles
shall be parked or stored in open areas of any Lot or on the
Property, Delivery vehicles (trucks, trailers, vans and eimilar
transport type vehicles) shall not be allowed to remain in the
parking area located in front of any Building for extended periods
of time. No on street parking shall be allowed.
G- Service Screening, Storag Areas. Garbage and refuse
containers shall be concealed and contained within an opaque
screenirlq wall constructed of material similar to and Compatible
with that of the Building. These elements shall be integral with
the concept of the building plan, be designed so as not to attract
attention, and shall be located in the most inconspicuous manner
pc;ssible. Unless specifically approved by Declarant, no materials,
supplies or equipment shall be store3 on any Lot except inside a
closed building. Exterior air conditioning units and rooftop
mechanical units shall be screened with approved materials. No
outside storage or displays shall be allowed on the Property unless
speci:ically approved in writing by Declarant.
It. Landscaping, Al'_ Lots shall comply with a the provisions
of all applicable landscaping ordinances for the City and County.
All shrubs, trees, grass and plantings of every kind shall be kept
neatly trimmed, properly cultivated and tree of trash and other
unsightly material. Appropriate provisions shall be provided by
Owner for watering and other maintenance of the landscaping on his
Lot and grounds including the rights -of -way on which his Property
.abuts.
I. Lighting. All street and site lighting shall be approved
by Declarant.
J. Signage. All signs for advertising or otherwise must
comply with City regulations and be approved by Declarant.
K. Antennas. No antenna, dish or other electronic
transmitting or receiving device nor any mast or tower for same
shall be constructed, erected, placed or allowed to remain on any
Lot, Building or other Improvement unless specifically approved in
writing by Declarant.
L. Power and Communication Lines. All power lines,
communication lines or other cable, wire or line serving any Lot

COOK P411F
?905 Ur136
sha'.l be placed underground and no portion of any such line shal'i
be visible from any street or road or adjoining Lot.
M. Storage Tanks. No storage tanks, inc'_uding but not.
Iimited to those used for storage of water or propane gas, shall be
permitted on the Property unless approved in writing by Declarant.
If approved by Declarant, the tanks must rot be directly visible
from any road or other Property Owner and must be shielded by
fencing, landscaping, or other method acceptable to Declarant that
adequately hides the view and negative impact of said storage
tanks.
t Mineral Ex lcrat_on, No part of the Property shall he
used for t"e exploration for or mining or removal of any oft,
hydrocarbons, minerals, gravel, sand, marl, topsoil, wish or any
or cukei substance of any kind.
O. Hob ies. Hobbies or activities that tend to detract from
the aesthetic character of the Subdivision or any Lot therein or
inprovemen_s thereon shall not be permitted in open areas unless
carried out or constructed as directed by Declarant. This
paragraph is intended to include, but not be limited to, such
activities as automotive repair and storage.
P. Nuisances- No rubbish or debris of any kind she11 be
z>]acetl or permitted to remain upon any Lot or portion of the
Property and no odors shall be permitted to arise therefrom so as
to render any bot or the Subdivision unsanitary, unsightly,
offensive, or detrimental to any of Lot in the Subdivision or to
the occupants thereof. Without limiting any of the foregoing, no
speakers, horns, whistles, bells, Clashing lights or other devices,
except security and safety devices used exclusively for security
and safety purposes shall not be audible or visible from on any Lot
or portion of the Property. Nothing contained in this paragraph
shall be construed to prohibit the maintenance by Owner of
regularly cleaned garbage and trash containers as approved by
Declarant.
No livestock and/or poultry shall be allowed either
temporarily or permaneraly on the Property.
Q. Maintenance. The Owner of any Lot must at all times keep
his Lot, the premises, all Buildings, Improvements and
appurtenances in a safe, clean, presentable condition and comply in
all respects with all government, health and policy requirements;
and any Owner will remove at his own expense and in a timely manner
any rubbish of any character whatsoever from his Lot.
R. Vehicle Maintenance. No vehicles of any type, or
component thereof, shall be repaired, restored, refurbished, or
reconstructed on any Lot in the Subdivision.
ARTICLE E
STORMNIATER R OULAT10iiS_�►2 _ RESTRICTIONS
The maximum built -upon area (BUA} per lot shall not
exceed 854 of the total lot area. The BUA per lot
includes that portion of the right-of-way between the lot
line and the edge of pavement, structures, pavement,
walkways of brick, stone, or slate, but does not include
open wood decking.
No covenants pertaining to stormwater regulations may be
changed or deleted without concurrence of the State of
North Carolina.

LIM PACE
2t105 flti37
C. No alterations to the drainage systems or facilities as
shown on the approved subdivision plans may be made
without the concurrence of the State.
d. The 5:1 Swale located across the back of Lots 1-4 and al.
is for and shall remain used for the purpose of routing
of offsi%e water around the project. No runoff from any
impervious areas on any Wn shall he directed into the
Swale.
e. Runoff from impervious areas of Lot i must be collected
and di:ected to the 24" RCP stubout _provided into the
adjacent infiltration basin.
f.. All runoff from impervious areas on Lots 2-11 most be
collected and directed into the permitted stornwar.er
detention pond.
ARTICLE RI
DECLARANT RIGHT'S AND DUTIES; ASSIGNMEWT
All rights and duties granted to or vested in the Declarant
may be assigned or delegated by Declarant to such individual or
group of individuals as Declarant, in its sole discretion, deems
desirable. Notwithstanding the foregoing, at: We time that:
Declarant ro longer owns any :,ot in the Subdivision, any or all
such righ_s and duties shall be assigned to the Association by
Declarant at which time such rights and duties shall be placed.in
the stands of. the Board of Directors of the Association and, at
which time, t..he Board of Directors shall assume the role of the
Declarant for the purposes of performing or enforcing such rights
and duties as set forth herein. Declarant may assign one or more
rights and/or duties to the Association prior to divesting itself
of ownership of all Lots in the Subdivision, and the Board of
Directors may rot refuse to accept any such assignment of rights
and duties.
ARTICLE X11
RIGHT OF ENTRY
During all reasonable hour;, Declarant., its successors,
assigns or agents may enter upon and inspect any Building or other
Improvement on any Lot for the purpose of ascertaining whether or
not: the provisions of these covenants and agreements have been or
are being complied with_ Such persons shall not be deemed guilty
of trespassing by reason of such entry.
ARTICLE X111
The covenants and restrictions contained herein are to run
with the land and shall be binding on owner and all persons
claiming under them for a period of thirty (301 years from the date
of recording. As stated herein, Declarant reserves the right to
waive violations of the requirements of Article Ix hereof without
the consent of any owner.
Every Owner, Tenant or other person who now or hereafter owns
or acquires any rights, title, interest or estate in a Lot or any
other portion of the Property is and shall be conclusively deemed
to have read, consented to and agreed to be bound by every covenant
and restriction contained herein whether or not reference to this
Declaration is contained in the instrument by which such Owner,
Tenant or other person acquired such interest.

�VVK i�i,Ut
?`;DS 0'i30
ARTICLE EIV
DECLARANT BUYBACK: R OF FIRST REFII9AI.
A. if, after the expiration of two years from the date of
acyui.sir,ion of any interest in any Lot., an Owner shall not have
begun in good faith the construction of. a perrnnerr. Building upon
such a Lot, Declarant, its successors and assigns, shall have the
absolute right to repurchase such mot for its contract sales price.
Upon such demand by Declarant and tender of the contract sales
price, Owner shall deliver a General warranty Deed free and clear
of all encurebran.ces except for easerr,erts and restrictions of
.record. Declarant, _its successors and assigns, may extend in
writing the time period within which such construction shall have
begun.
II. In the evert thac an Owner of an undeveloped or
unimproved Lot shall desire to sell or transfer his Lot, said Lot
shall first he offered for sale to the Declarant, its successors
and/or assigns, at the same net price on the same terms at which
t^e h:chest hozia fide offer has been :Wade for s::ch Lot. Owner
shall give the Declarant, its successors and/or assigns, written
notice of his desire to sell, by certified mail, return receipt
reaueSLed, together with the name and address of the person, firm,
corporation or enr.ity making the highest bona fide offer and the
amount and terms of such offer. within thirty (30) days after
receipt of such notice and information, Declarant, or its
successors and assigns as the case may be, may, after notice to the
i,ot Owner, exercise its option to purchase the Lot. Should the
Declarant, within thirty 130) days after receipt of such notice,
fail or refuse to exercise it; option, such Lot may then be sold,
at the price not less than, and on the same terms as, for which it
was offered to the Declarant.
ARTICLE YV
ENFORCENEW
The Association, Declarant, and any Owner shall have the right
to enforce, by any prncNed.ing at law or in equity, all of the
conditions, covenants and restrictions of these Articles, and any
and all liens hereinafter imposed pursuant to the provisions of
these Articles. Failure by the Association, or the Declarant, or
any Owner to enforce any of the above shall in no event be deemed
a waiver of the right to do so thereafter. In addition to the
foregoing, Declarant shall have the right, whenever there shall
have been built on any Lot any structure which is in violation of
these Articles, or whenever a condition is allowed to persist in
violation hereof, to enter upon said Lot where such violation
exists, and summarily abate or remove the same at the expense of
the Owner, if after thirty (30) days written notice of such
violation the same shall not have been corrected by the Owner_ Any
such entry and abatement or removal shall not be deemed a trespass.
ARTICLE ZVI
AKVESADII,ITY
Invalidity of any one of the covenants or restrictions or any
Part thereof by judgement or court order shall in no way affect any
other provision hereof.
ARTICLE ZVII
� :* :1 �� • � ' � yid �.�!� ��
The area depicted on the map of the Subdivision as recorded in
Map Book at Page of the New Hanover County Registry as
Lot 5 shall be used as a retention or detention pond area for the

; A,0r, F'CE
2405 0`i39
benefit of all Lots in the Subdivision and to comply with the
currently applicable provision c`_ the North Carolina Sedimentation
Poll -,;-:ion :or]Lr01 Act and other relevant land use regulations.
Declarant: nhall convey the said Lot 9 to Por-tWatch Owners
Association, Inc. u:>on the co veyance cf the firs' Lot: in the
Subdivision to an Owner other than -the Declarant, but not later
t11an January 1. 2000- Such conveyance shall be of a fee simple
determinable interest in the Property reserving unto the Declarant.,
is successors and assignn, a reverter interest which automatically
vests lee simple absolute title in the said Lot 9 to Declarant, it.s
s,:ccesscLs dn:i assigns, if the State of North Carolina or other
state, local or federal reo•,;;a�_cry bodes with jurisdiction over
sa:re d term.ine that such use of the Lot as a detention and/or
retention pond is no longer necessary or required by law. In
additio::, sach Deed shall reserve unto Declarant an easement to use
said Lot 9 and the detention pond thereon fro stormwater retention
of other land: now Owned or hereafter owned by Declarant.
ARTICLE XVIII
SUBORDINATION
-entral Caro'_i:.a 13ank and 'Trust Company ("render") it the
owner and'holder of a ?romisaory Note made by Declarant and dated
November 1.0, 1997 (the "Note"). Repayment of. the Note is secured
by a Deed of Trust (the "Deed of. Trust") dated November 10, 199'1,
executed and delivered by Declarant to Southland Associates, Inc.
("Trustee"), for the benefit of I,ender, and recorded in Book 2266
at Page 604, New Hanover Co'ar,ty Registry. The Deed of Trust
constitutes za lien on the Property. Lender. and Trustee ;join in the
execution of this Declaration in order to subordinate the lien and
operation of. the Deed of Trust to this Declaration and the rights,
responsibilities, easements and restrictions created hereby and to
the subdivision of the Property and such other matters shown on the
Map recorded in Map Book at Page of the New Hanover
County Registry. in the event of a foreclosure of the Deed of
Trust, or a transfer of any portion of the Property subject to the
Ceed of 'Trust in lieu of f.creclosure, Lender and Trustee agree that
the Purchaser at any such foreclosure or the transferee under any
such Deed in lieu of foreclosure shall take title to the said
Property or any portion thereof, together with and subject to all
of the terms and conditions of this Declaration.
ARTICLE RIZ
OWNER OBLIGATIONS
Any provision of this Declaration which require an Owner to do
some thing, pay money or take action, after having given
appropriate notice as set forth in this Article, Declarant or the
Association may do such thing, pay such monies or take such
actions, including incurring costs, expenses or charges, for such
Owner and the owner for whom such action was taken or money paid
shall be liable for repayment of any and all costs or expenses
incurred in that connection including but not limited to interest
accrued thereon at the highest rate allowed by law and attorneys'
fees incurred in the collection of such amounts. The Association
or Declarant. shall give not less than ten (10) days written notice
to the owner of the action to be taken or money to be paid before
the Declarant or Association shall be authorized to do so on
Owner's behalf.
ARTICLE IZ
ASS A
A. Membership and voting Slights. The qualifications for
membership in the Association, the manner of admission to
membership in the Association, the manner of termination of such
10

Oor n�of
Z iG5 Ct14Q
mernbersiiip, and the voting rights of the members of 'Lhe Association
8hal_1 be as seL forth in Lhe Articles of Incorporation of the
Association. the provira.ions of said Article being incorporated
..erein by reference.
13. Assessmes Liana lity` Lien and F.'nEorcement. The
Association has heretofcrea been given authority to administer the
Operation and ma_:agemnen,t of the C;;mrror. Areas of the Property, it
being recognized tizat the delegation of such duties to one entity
is in the be;L .interests ' the owners of all ',ots in Pcrrwatch
Park of Commerce. To properly administer the operation and
manacement of the Common Areas, the Association will inc.:r, for the
mutual benefit o'_ all the Owners of Lots, costs and expenses
som,ecimes 'ierein re`errec :c as "common. expenses,,. To or.ov.ide the
lunds necessary for such proper operation, management and capital
improvement, the Association has heretofore been granted the right
o make, levy and collect assessments against the members of the
Association and their i.or.s. In furtherance of this grant of
authority to the Association to make, levy and collect assessments
to pay the costs and expenses for the operation cf, the management
of:, a,' for c,p_tal lmprovements to the Common Areas, if any, which
for the purpose of these Articles shall he deemed to include, but
rot be limited to, stormwater runoff ponds, drainage systems,
easement areas and righLs-cE-ways depicted on any map 0' the
subdi.visicn recorded in the New Hanover County Registry, and other
facilities of PortWatch Park of Commerce:
Creation of. the Lier.: Each Owner, by acceptance of
a deers, whether or not it shall be so expressed in
Bach de_d, is deemed to covenant and agree to pay
to the Association:
W annual assessments or charges, and
special assessments for capital
Improvements or special assessments as established
by ::he Board of Directors of the Association, such
assessments to be established and collected as
hereinafter provided.
The annual and special assessments, together with
interest, costs, and reasonable attorney's fees, if
any, shall be a charge on the Lots and shall be a
continual lien upon each Lot against which they are
levied. Each such assessment, together with
interest, costs and reasonable at.torney's fees,
shall also be the personal obligation of the person
or entity who is the Owner of such Lot at the time
when the assessment falls due. The personal
obligation for delinquent assessments shall not
pass to any successor in title unless expressly
assumed by him.
Purpose Qf s m n : The assessments levied by
the Association shall be used exclusively to
promote the health, safety and welfare of the Lots
and the Subdivision, in general, and in particular
for the maintenance of the retention pond and the
Lot on which it is situate, all private roads and
streets (if any} and unpaved areas within public
rights -of -way, easements and rights -of -way on the
Property, as well as the acquisition and mainte-
nance of other Common Areas, including but not
limited to, the cost of repairs, repaving,
replacements and additions, the cost of labor,
equipment, materials, management and supervision,
the payment of taxes assessed against the
Association, utility services and the procurement

r0CK PACE
?90
and maintenance of insurance as may be deemed
necessary by the Board of Directors.
Maximum Annual Assessment: The maximum annual
assessment for each calendar year shall be
established by the Board of Directors and may be
increased by the: Board of nirectors for any
calendar year without approval by the membership by
an amount not to exceed ten percent (lot) of the
maximum annual assessment of the previous year.
The maximum: annual assessme::t for any calendar year
may be increased without limit by a vote e two-
:irds ;2/3) of the members who are voting in
person or by proxy at a meeting called for this
purpose.
Special Assessmenr.s f r Capital Im rovem nts: 1n
addition to the annual assessments authorized
above, the Association may levy, in any calendar
year, a special assessment for the purpose of
defraying in whale or in part, the costs of any
construction, reconstruction, repair, replacement
or repaving of a capital improvement to the roads
and streets of the Subdivision, or any other Common
Area, including fixtures and personal property
related thereto, provided that any such asses:.:rent
shal.] have the assent of two-thirds (2/3) of the
vote of the he
who are voting in person or by
proxy at a meeting duly called for this purpose.
All special assessments shall be fixed to the
uniform rate for all Lots and may be collected on a
monthly basis.
Notice and Quorum. for any Action Authorized Under
Sections 3 and 4: written notice of any meeting
called for the purpose of taking any action
authorized under Sections 3 and 4 shall be sent to
all members not less than ten (101 days nor more
than sixty (60' days in advance of the meeting. At
the first such meeting called the presence of
members or of proxies entitled to cast sixty
percent (6pk) of all votes of the membership !.hall
constitute a quorum. If the required quorum in not
present, another meeting may be called subject to
the same notice req-,zirement, and the required
quorum at the subsequent meeting shall be one-half
(344) of the required quorum of the preceding
meeting. No such subsequent meeting shall be held
more than sixty (6o) days following the preceding
meeting.
b. Rate of Annual A s ssment: Annual and special
assessments must be fixed, assessed and levied
against each of the Lots in proportion to the
voting rights of each Lot membership bears to the
voting rights of all Lot memberships in the Sub-
division, as those voting rights are established by
the Articles of Incorporation of the Association.
Unless the Board of Directors determine otherwise,
such annual and special assessments shall be
collected not less frequently than annually. The
books and records of the Association will be kept
in such a manner that it is poasible to determine
and ascertain such sums as are expended by the
Association for the development, improvement,
maintenance and upkeep of all Common Area
facilities of the Association.
12

5�GK PAGL
?40 ; 0442
Date and Commencement_ of Annual_.Assessments; D,a
Dates! The annual assessments provided for herein
shall be collected annually and shall commence as
to all i,ots or, the first day of the month following
the ccnveyance of a Lot to any Owner other than
Declarant. The first annual assessment shall be
ad;usted according to the number of months
remaining in the calendar year. At least thirty
(30) days in advance of each annual assessment, the
Hoard of Directors shall, fix the amount of the
annual assessment to every Owner subject thereto.
The due date shall he established by the 3oard of
Directors_ The Association s`;all, upon demand, and
for a reasonable charge, furnish a Certificate
sicned by an officer of the Association setting
forth whether the assessments on a specified Lot
have been paid.
-Effect of. Nonpayment of ssessmen s; __Ier:edies of
tine hssgcia ;rr; Any assessment_ not paid within
thirty (30) days after the due date shall bear
interest from the due date at the rate of eighteen
percent (78k) per annum- The Association may br.inq
an action at law aaains( the Owner personally
obligated to pay the same and/or, foreclose the lien
against the Property, and interest, costs, and
reasonable attorney's fees of such action or
foreclosure shall be added to the amount of such
assessment. No Owner may waive or otherwise escape
liability for the assessment provided for herein by
nonuse of any of the Common Areas or abandonment of.
his Lot.
Effect of Default in Payment of Ad valorem Taxes or
Assessment:; for Publi• Improvement by the
As90ciation: Upon default by the Association in
the payment to any governmental authority entitled
thereto of any ad valorem taxes levied against any
of the Common Areas owned by the Association or
assessments for public Improvements to the Common
Areas, which default shall continue for a period of
six (6) months, each Owner of a Lot in the subdivi-
sion shall become personally obligated to pay to
the taxing or assessing governmental authority a
portion of such unpaid taxes or assessment& in an
amount determined by dividing the total taxes
and/or assessments due the governmental authority
by the total number of Lots in the Property. If
such sum is not paid by the Owner within thirty
30) days following the receipt of notice of the
amount due, then said sum shall become a continuing
lien on the Lot of the then Owner, his heirs,
devisees, personal representatives and assigns, and
the taxing or assessing governmental authority may
bring either an action at law or may elect to
foreclose the lien against the Lot of the owner.
10, rd n i of Liu to Mortgagea: The lien
provided for herein shall be subordinated to the
lien of any mortgage, mortgages, deed of trust, or
deeds of trust. The sale or transfer of any Lot
shall not affect the assessment lien or liens
provided for in the preceding sections. However,
the sale or transfer of any Lot which is subject to
any mortgage or deed of trust pursuant to a
foreclosure thereof, shall extinguish the lien of
such assessments as to the payment thereof which
become due prior to such sale or transfer. No such
sale or transfer shall release such Lot from
13

BOOK F,GE
2905 0`i`i3
liability for any assessments thereafter becoming
due or fro:n the lien thereof. But the liens pro-
vided for herein snail continue to be subordinate
to the lien of any mortgage, mortgages, deed of
trust, or deeds of trusL.
C PenalLy For Vio'_a;ioii cf _C_cvcnants. if any Owmer shall
fail to comply fully with t:he provisions hereof, or s'hall take any
action, or fail La act, in violation of the terms hereof, the
Association shall, upor: recciving notice of any such vitiation,
assess such violating 0,Aner a fine nct to exceed 510,a per day.
SUCK fine shall co7sLi.u,P_ a .lien upon the Owner's Lot •--nt_il paid
and is enforceable pursuant to the provisions of this Article.
ARTICLE XXI
FUTURE AMEMMENTS
Declarant may amend Lh.is Declaration at anytime subse-
quent nere.o, provided said Amended Declarations do not materially
change the overall rlan of development or tlse restrictions
provided; and, provided said amendmen�s only apply and affect such
Lots or Property conveyed by Declarant subsequent to the recording
of said Amendments.
S. Declarant may amend this Declaration upon annexation of
additional lands as specified in Articles XVI and XII hereinabove.
C. Declarant r;,ay amend this Declaration to correct any
obvious error or inconsistency in drafting, typing or reproduction.
D. Declarant-, so long as it shall retain ownership of at
least 25% of the acreage within the Development, exclusive of
public or private rights of way, roads and any Common Areas, shall
have the right to amend this Declaration to conform to the require-
ments of any law or governmental agency having legal jurisdiction
over the Property or to comply with the requirements of law or
regulations of any corporation or agency belonging to, sponsored
by, or under the substantial control of, the United States
Government or the State of North Carolina, regarding purchase or
sale in such Lots and/or Improvements, as well as any other law or
regulation relating to the control of the Property or Governmental
Authority access Co the Property, including, without limitation,
ecological controls, construction standard, aesthetics, and matters
affecting the public health, safety and general welfare. ,
E. Additional Restrictions. Declarant may include in any
contract or deed hereafter made any additional covenants or
restrictions that are not inconsistent herewith and which do not
diminEsh the covenants and restrictions set forth herein.
ARTICLE XXII
DECLARA 9 RESERVATION TO PEDICAJA 8QA2FOR PUBLIC US8
Declarant reserves herein the right to dedicate to the public
use all present and future streets and roads located and to be
located in the Subdivision. Until Lhw time of such dedication and
acceptance by the appropriate governmental authority, Declarant
herein grants to all owners a perpetual, non-exclusive easement for
ingress, egress and regress over all streets and roads within the
Subdivision and any Property annexed hereto as the same are opened
and established, from time to time.
14

:'OGX PAGE
?`1?j 0!1LI'Ip
IN TESTiM,ONY WHEREOF, Declarant as cause thin instrument to
be executed in its par,:ner8hip narre by it-9 General Partners , on
Lhi-s -4uf�t day of .7uly, 1998.
QRJ3TE,SEAL]
PORT CAPE FEAR ASSOCIATES
is North Carolina General Part-nership
By: Poi'L Cape Fear, Inc.,
A NC ccrporaL.icn, Ceneral Partner
By
1�•'AI•tE':at�Lbx �(�
SeCre_a.
i
lo�
President -- ,.. ,•,,,,:'f
C'"`.
BY: (SEAL)
bral
BAKER
Partner
LENDER:
VURH�y CENTRAL CAROLINA BANK AND TRUST COMPANY
C&WrRJu
LAW a TWXT
COMPAW
r /!Wresident
31-1
AttCSC v1A
A� , Secretary
AttesL:
%�- �' secretary {%
Is

Eocr ? K C E
"105 � 11 115
STATE OF NORTH CAROLINA
COUNTY OF NiFW tLAidOVER
a Notary Public of fire County and State aforesaid, certify
t:;at r!1 i FAM f:•. SMALL personally came before me this day and
aekno.:ledgec that he is Secretary of PQRT CAPE FEAR, 1NC., A NGR7'?i
CAROLiNA CORPORATIO: GEVcr2• PAT TNER OF PORT CAPE FEAR ASSOCIATES.
r, NORTH CAROL:NA G-NERAL PARTNERSHIP, and that; by authority duly
oiven and as the act of :he :.orporat-on, the foregoing ins,:rumen.
was sinned in its name by its President, sealed with it s corporate
m as its Secretary, on behala of thA
sea_ and attested by -
Partnership..
Witness my hand and official
July, 199e_ !, star}, or seal, this / �- day of
-VA Co;�m}ssior. Expires:
r:ct Pub
" I'
T.4
'�'y�Y£R
STATE OF vr_RGINIA
COUN�y+•
OF
1, a Notary Piibiic of the County and State aforesaid, certify
that J. GLEN BAKER, as General Partner or PORT CAPE FEAR
ASSOCIATES, a North Carolina General Partnership, personally
appeared before me this day and 'acknowledged the execution: of the
foregoing instrument.
Witness my hand and notarial. stamp or seal, this -:.IE� day
of 'iuly, 1998.
M? CoTs�sion Expires:
STATE OF NORTH CAROLINA
COUNTY OF��
Notary
Publ i c�jo
1, a Notary Public of the County and State aforesaid, certify
that, f�Q personally came before me this day
and acknowledged that he/she is _ Oaa -,,. Secretary of CENTRAL
CAROLI_NA BANK AND TRUST COMPANY, a North Carolina corporation, and
that by authority duly given and as the act of the corporation, the
foreg,aing instrument was signed in its name by its r�
President, sealed with its corporate seal and attested y him her
as its -._a-42 r_ Secretary,
Witness my hand and official stamp or seal, this a?/" day of
July, 1998. 1
C • Aa
%
;O TA 9y Z Notary public
My Commission ExpA :''O�
feu r, x
16

EOOK PAGE
Z`i05 0497
XHIBIT "A*
TO DECLARATION OF COVENANTS CONIII ON AND -RESTRICTIONS
FOR
PORT CAPE FEAR ASSOCIATES
BEGINNING at a aoint that marks ;he intersection of the southern
richt of way line of Bryan_ Road {S-R. #1115, 60 foot right of way)
with the aastern right of way line of River Road (S.R. #1100, 60
.`.00= right: of way); and running thence from said Beginning point,
with the southern right of way line of Bryan: Road North 78 degrees
:1 min-utes East 546.57 fee:. to a point at the west end of a curve
to the sc•.:th; running thence with the southern right of way line of
Bryan. Road as it curves to the south to a point that is South 85
degrees 10 min to 59 seconds west a chord distance of 172.67 feet,
said point being located in the southern right of way line of Bryan
Road ±S.R. 1115); thence leaving the southern right of way line of
Di-yan Road and running South 8 degrees 34 minutes 00 seconds East
190.00 feet to a point; running thence North 78 degrees 07 minutes
31 seconds East 280 A4 feet to a point; running thence South B
degrees 34 minutes 00 seconds East 514,58 feet to a concrete
monument; running thence South 79 degrees 31 minutes west 470.30
feet to a new concrete monument; running thence South 78 degrees 21
minutes West 338.1❑ feet to a concrete monument in the eastern
right of way line of River Road; running thence with the eastern
right of way line of River Road North 2i degrees 20 minutes West
554.50 feet to a point; thence continuing with the eastern right of
way line of River Road North 24 degrees 52 minutes West 34.51 feet
to a concrete monument; running thence North 71 degrees 43 minutes
30 seconds East 50.0 feet to a point; running thence North 22
degrees 16 minutes 30 seconds west 60.0 feet to a point; running
thence South 71 degrees 43 minutes 30 seconda West 50.0 feet to a
point in the eastern right of way line of River Road, said point
being located South 19 degrees 20 minutes 30 seconds East 33.92
feet from the point of Beginning, running thence with the eastern
right of way line of River Road as it curves to the east to the
point of Beginning, being a portion of Parcel #3, as described in
that Deed recorded in Book 1535 at Page 882 of the New Hanover
County Registry.

90 Jut. 2`1 nN 10 07 % N�,c
`1 0
r :^ r: �; err ,;; ; 0 `� 0
STATE OF NORTH CAROLINA ;11
0i l;;'.,.; DECLARATION OF COVENANTS,
COUNTY OF NEW HANOVER .,: ?,r­,;I,CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made this �(.(1a� day of July, 1998, by PORT
CAPE FEAR ASSOCIATES, a North Crolina General Partnership,
hereinafter called "Declarant";
00002-3 W I T N E S S E T H:
WHEREAS, the Declarant is the owner of the real property
described in Article I of this Declaration (the "Property") and
desires to subject said Property to the protective covenants and
restrictions hereinafter set forth, each and all of which is and
are for the benefit of, and the detriment to, such Property and for
each owner thereof, and shall inure to the benefit of and pass and
run with said Property, and each and every lot or parcel thereof,
and shall apply to and bind the successor in interest and any owner
thereof: z
NOW, THEREFORE, the Declarant hereby declares that the
Property is and shall be held, transferred, sold, and conveyed
subject to the protective covenants, conditions, r t•G� o
ill E
duties and gggobliPPPPgations set forth in this document. � 'D
)'T®RM U U ARTICLE I flEC 11 1998
THE PROPERTY Piquj 4 �wga���Zl
The real property described in Exhibit "A" attached hereto and
incorporated herein by reference shall be held, transferred, sold
and conveyed subject to these protective covenants and
restrictions.
ARTICLE II
DEFINITIONS
Unless the context otherwise specifies or requires, the terms
defined in this Article II shall, for all purposes of this
Declaration, have the meanings specified:
A. "Association" or "Corporation" shall mean PortWatch
Owners Association, Inc. which has been or shall be incorporated as
a North Carolina non-profit corporation.
B. "Building" shall mean and include the main portion of a
structure built for permanent use on a lot, together with all
projections and extensions thereof, including but not limited to
garages, outside platforms and docks, carports, canopies, shelters,
storage areas and porches.
C. "Common Area" shall mean all parts of the Property
(includinq airy lmprovem.en s ...eret•D and ponds thereon) owned by the
Association and such rights or interests in any easement shown upon
the Subdivision Map recorded in Map Book 3 f at Page 1'
3 of
the New Hanover County Registry. The Common Area shall include
stormwater facilities constructed to satisfy the requirements
established by the State of North Carolina. The primary purpose
for and function of the Association is to provide for and oversee
the maintenance, repair. and (as necessary) replacement of such
stormwater facilities in accordance with the Stormwater Standards
and Regulations established and enforced from time to time by the
State of North Carolina or New Hanover County. The Common Area and
pond, in particular, is dedicated for private use, subject to
Declarant's reservation of an easement therein, to ensure the best
use and the most appropriate development and improvement of each
Lot which depends on such Common Area for its drainage. This
RETURIM TO

CGQK (I1,,`
shall be placed underground and no portion of any such line shall
be visible from any street or road or adjoining Lot.
M. Storage Tanks. No storage tanks, including but not
limited to those used for storage of water or propane gas, shall be
permitted on the Property unless approved in writing by Declarant.
If approved by Declarant, the tanks must not be directly visible
from any road or other Property Owner and must be shielded by
fencing, landscaping, or other method acceptable to Declarant that
adequately hides the view and negative impact of said storage
tanks.
N. Mineral Exploration. No part of the Property shall be
used for the exploration for or mining or removal of any oil,
hydrocarbons, minerals, gravel, sand, marl, topsoil, earth or any
or other substance of any kind.
0. Hobbies. Hobbies or activities that tend to detract from
the aesthetic character of the Subdivision or any Lot therein or
Improvements thereon shall not be permitted in open areas unless
carried out or constructed as directed by Declarant. This
paragraph is intended to include, but not be limited to, such
activities as automotive repair and storage.
P. Nuisances. No rubbish or debris of any kind shall be
placed or permitted to remain upon any Lot or portion of the
Property and no odors shall be permitted to arise therefrom so as
to render any Lot or the Subdivision unsanitary, unsightly,
offensive, or detrimental to any of Lot in the Subdivision or to
the occupants thereof. Without limiting any of the foregoing, no
speakers, horns, whistles, bells, flashing lights or other devices,
except security and safety devices used exclusively for security
and safety purposes shall not be audible or visible from on any Lot
or portion of the Property. Nothing contained in this paragraph
shall be construed to prohibit the maintenance by Owner of
regularly cleaned garbage and trash containers as approved by
Declarant.
No livestock and/or poultry shall be allowed either
temporarily or permanently on the Property.
Q. Maintenance. The Owner of any Lot must at all times keep
his Lot, the premises, all Buildings, Improvements and
appurtenances in a safe, clean, presentable condition and comply in
all respects with all government, health and policy requirements;
and any Owner will remove at his own expense and in a timely manner
any rubbish of any character whatsoever from his Lot.
R. Vehicle Maintenance. No vehicles of any type, or
component thereof, shall be repaired, restored, refurbished, or
reconstructed on any Lot in the Subdivision.
ARTICLE X
STORMWATER REGULATIONS AND RESTRICTIONS
a. The maximum built -upon area (BUA) per lot shall not
exceed 85% of the total lot area. The BUA per lot
includes that portion of the right-of-way between the lot
line and the edge of pavement, structures, pavement,
walkways of brick, stone, or slate, but does not include
open wood decking.
b. No covenants pertaining to stormwater regulations may be
changed or deleted without concurrence of the State of
North Carolina.

�`�OJ O'i3
C. No alterations to the drainage systems or facilities as
shown on the approved subdivision plans may be made
without the concurrence of the State.
d. The 5:1 swale located across the back of Lots 1-4 and 11
is for and shall remain used for the purpose of routing
of offsite water around the project. No runoff from any
impervious areas on any lot shall be directed into the
Swale.
e. Runoff from impervious areas of Lot 1 must be collected
and directed to the 24" RCP stubout provided into the
adjacent infiltration basin.
f. All runoff from impervious areas on Lots 2-11 must be
collected and directed into the permitted stormwater
detention pond.
ARTICLE XI
DECLARANT RIGHTS AND DUTIES; ASSIGNMENT
All rights and duties granted to or vested in the Declarant
may be assigned or delegated by Declarant to such individual or
group of individuals as Declarant, in its sole discretion, deems
desirable. Notwithstanding the foregoing, at the time that
Declarant no longer owns any Lot in the Subdivision, any or all
such rights and duties shall be assigned to the Association by
Declarant at which time such rights and duties shall be placed in
the hands of the Board of Directors of the Association and, at
which time, the Board of Directors shall assume the role of the
Declarant for the purposes of performing or enforcing such rights
and duties as set forth herein. Declarant may assign one or more
rights and/or duties to the Association prior to divesting itself
of ownership of all Lots in the Subdivision, and the Board of
Directors may not refuse to accept any such assignment of rights
and duties.
ARTICLE XII
RIGHT OF ENTRY
During all reasonable hours, Declarant, its successors,
assigns or agents may enter upon and inspect any Building or other
Improvement- on any Lot for the purpose,of ascertaining whether or
not the provisions of these covenants and agreements have been or
are being complied with. Such persons shall not be deemed guilty
of trespassing by reason of such entry.
ARTICLE XIII
TERM
The covenants and restrictions contained herein are to run
with the land and shall be binding on owner and all persons
claiming under them for a period of thirty (30) years from the date
of recording. As stated herein, Declarant reserves the right to
`aa.ive v iolations of the ,.e^quize:-.,e- t.7 of A �icle i� herCUf. Ni:it3lUut
the consent of any Owner.
Every Owner, Tenant or other person who now,or hereafter owns
or acquires any rights, title, interest or estate in a Lot or any
other portion of the Property is and shall be conclusively deemed
to have read, consented to and agreed to be bound by every covenant
and restriction contained herein whether or not reference to this
Declaration is contained in the instrument by which such Owner,
Tenant or other person acquired such interest.