SW8030813_HISTORICAL FILE_20181220

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT ND. SW gLo2y�
DOC TYPE ❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE
WWMMDD

STATE OF NORTH CAROLINA, Department of Environmental Quality,
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 [phone]
FILE ACCESS RECORD
DEQ SECTION: DEMLR/SW REVIEW TIME / DATE: I lam- l2pm / December 20, 2018
NAME: E. J. Gwin
REPRESENTING: Criser, Troutman. Tanner
EMAIL: e win@,cttengiiiecring.com
PHONE: [phone]
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily
available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry
out our day-to-day program obligations. Please read carefully the following guidelines signing the form:
1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an
appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at
4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision
is available.
2. You must specify files you want to review by facility name. The number of files that you may review at one time will
be limited to five.
3 CAMA Mayor Permits -are issued out ofthe Morehead'City Disfrict;Office The COMPLETE`61e is in the Morehead
() lee and may contA additional inform, aiion and/or comnien6 which may not be in,the WIRO file.
4. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents.
Payment may be made by check, money order, or cash at the reception desk.
5. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove,
alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to
S500.00. No briefcases, large totes, etc. are permitted in the file review area.
6 Necessary large plan copies can be scheduled with C qnie. o i._Woa c r � ncden_r,�gov 919-796-7265 for a later date/time at
an offsite location at your expense. Large plan copies needed should be attached on top of the file Allways Graphics
can be contacted to set up payment options Written questions may be left with thiscompleted form and a staff
,:.
member.wfll be 'rn contact with'you IF you p ov�de.your.,contac# information where indicated al dve
7. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which
payment has been refused.
FACILITY NAME
COUNTY
1. Upper Reach Development SW8 891001 New Hanover
2. Upper Reach Extension SWS 030813 New Hanover
4.
5.
Signature=and�Name of Firm/Business Date MM)DD/YY Time In Time Out
COPIES MADE PAID INVOICE
G:/ADMIShared/File Review Access Form rev 2018

M
State Stormwater Management Systems
Permit No. SW8 030813
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
Upper Reach Extension HOA
Upper Reach Extension
New Hanover County
FOR THE
construction, operation and maintenance of an infiltration basin in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and
the approved stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until October 3, 2013 and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The subdivision is
permitted for 6 lots, each allowed a maximum of 4,000 square feet of built -upon
area.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
4. This pond is not operated with a vegetative filter. The pond is designed to hold
the 1.5" storm event and infiltrate the 25-year, 24-hour storm event.
5. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
Page 2 of 6

State Stormwater Management Systems
Permit No. SW8 030813
6. The following design criteria have been permitted for the infiltration basin and
must be maintained at design condition:
a.
Drainage Area, acres:
2.66
Onsite, sq. ft.:
115,870
Offsite, sq. ft.:
none
b.
Design Storm, inches:
1.5"
C.
Total Impervious Surfaces, sq. ft.:
34,452
6 lots @ 4,000, sq. ft:
24,000
Streets, sq. ft:
9,400
Sidewalks, sq. ft:
1,052
d.
Basin, Depth, feet:
1.5
e.
Bottom Elevation, FMSL:
22.0
f.
Required Storage Volume, ft':
4,600
g.
Provided Storage Volume, ft-':
8,346
h.
Temporary Storage Elevation, FMSL:
23.25
i.
Soil Type:
Sand
j.
Seasonal High Water Table:
20.0
k.
Expected Infiltration Rate:
111" per hour
I.
Time to Draw Down, hours:
0.2
M.
Receiving Stream/River Basin:
Hewletts Creek 1 Cape Fear
n.
Stream Index Number:
CPF24 18-87-26
o.
Classification of Water Body:
"SA HQW"
II. SCHEDULE OF COMPLIANCE
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage
feature (such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire lot, including driveways and sidewalks, does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be
revised without approval from the Division of Water Quality, and responsibility for
meeting the built -upon area limit is transferred to the individual property owner.
3. If an Architectural Review Committee (ARC) is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built -upon area. Any approvals given by the ARC do not relieve the homeowner
of the responsibility to maintain compliance with the permitted BUA limit.
4. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
Page 3of6

State Stormwater Management Systems
Permit No. SW8 030813
5. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
6. The Director may determine that other revisions to the project should require a
modification to the permit.
7. 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.
8. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
10. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as 'a stormwater treatment device,
and prior to occupancy of the facility.
11. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
12. 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.
Page 4 of 6

State Stormwater Management Systems
Permit No. SW8 030813
13. 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 1, Part 2. The recorded statements must follow the form:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 030813, as issued
by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,
Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
If. The maximum built -upon area per lot is 4,000 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that naturally drain
into the system are not required to provide these measures.
14. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must bear the signature of the Permittee, the deed book number and page,
and stamp/signature of the Register of Deeds.
15. Prior to transfer of the permit, the Stormwater facilities must be inspected by
DWQ personnel, and determined to be in compliance with all permit conditions.
Any items not in compliance must be repaired or replaced to design condition
prior to the transfer. Records of maintenance activities performed to date will be
required.
16. 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.
17. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
Page 5 of 6

State Stormwater Management Systems
Permit No. SW8 030813
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event there is a desire for the facilities to change ownership, or there is a
name change of the Permittee, a "Name/Ownership Change Form" must be
submitted to the Division of Water Quality accompanied by appropriate
documentation from the parties involved, including as may be required, but not
limited to, a deed of trust, recorded deed restrictions, Designer's Certification and
a signed Operation and Maintenance plan. The project must be in good
standing with DWQ. The approval of this request will be considered on its merits
and may or may not be approved.
2. The permittee is responsible for compliance with the terms and conditions of this
permit until such time as the Director approves the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of.a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
8. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
9. The permittee shall notify the Division of any name, ownership or mailing
address changes within 30 days.
10. 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.
Permit issued this the 16th day of February 2006.
NORTWCAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 030813
Page 6 of 6

L;v�dG�
':E�1n o U-A d y v v Lt 6 V e_ a Vn \-j
P�ctse �t+ yvu)�vtouj
DEVELOPMENT ANO CONSiRUCTION
2406
�vesl-,'oV,S
ON
6800 WRIGHTSVILLE AVENUE • SUITE 12 • WILMINGTON, NORTH CAROLINA 28403
PHONE: [phone] • FAx: [phone]
www.galardeandcompany.com

UPPER REACH EXTENSION
STORMWATER MAINTENANCE
• During construction, the roadway was periodically cleaned of dirt and debris.
Basins were cleaned of silt and run-off.
• In May of 2005, the stormwater pond was finish graded and seeded by Eco
Express.
• Beginning in May 2005, Southern Pines Lardscaping was hired to maintain the
common areas and the stormwater pond on a bi-weekly basis. This included bi-
weekly inspection, cutting, and cleaning of the streets and repairing any ruts
caused by storms, etc.
• In August of 2004, during Hurricane Charley, it was noted the pond was full and
overflowing slightly into the neighbor's yard. The pond grades were surveyed and
revealed the right rear corner to be six inches below the required grade. Jeff
Maipass of Malpass Engineering instructed to have the grade raised six inches
around the right rear corner of the pond. In September 2004, Tim Rivenbark
Construction added to the pond bank and re -graded the rear corner. Southern
Pines Landscaping subsequently re -seeded the area and entire pond area. No
overflow has been noted since.
• In September 2005, the sides of the roadway were irrigated and sodded by
Southern Pines Landscaping.
• In October 2005, the HOA was turned over to the homeowners after a meeting
on site with Linda Lewis and the homeowners. At the meeting, Ms. Lewis required
the basin to be re -seeded and an engineer to certify the stormwater system and
ponds.
• In November 2005, the pond was re -surveyed. Jeff Malpass (Malpass
Engineering) certified the pond and forward the certification to Ms. Lewis. The
basin was re -seeded by Southern Pines Landscaping.
• The Upper Reach Extension Owners' Association has been maintaining the
stormwater system since the turnover in October 2005.
RECEIVED
FEB 13 2006
PR03 # -5w-so � 13
Submitted by:
J�alard

=;-
to

Southern Pines Lawn & Landscaping
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Galarde & Company, Inc.
6766 G Wrightsville Avenue, Suite 12
Wilmington, NC 29403
Ship To
upper reach
Invoice
Date
Invoice #
5/11/2004
7511
P.O. Number
Terms
Rep
Ship
Via
F.O.B.
Project
5/11/2004
Quantity
Item Code
Description
Price Each
Amount
2.25
lawnmaintenance
Lawn Maintenance
25.00
56.25
2.25
lawnmaintenance
Lawn Maintenance
17.50
39.38
Sales Tax
7.00%
0.00
e e�s
Job Name [/l
COS£ C'0et-: o/g3
Q:� wti
Plaid `0 Sf „-
p'L
Total
$95.63

Southern Pines Lawn & Landscaping
Invoice
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Galnrde & Company, Inc.
6800 Wrightsville Avenue, Suite 18
Wilmington, NC 28403
Date Invoice #
7/25/2004 7880
P,O. Number
Terms
Rep
Ship
Via
F.O.B.
Project
7/25/2004
Quantity
Item Code
Description
Price Each
Amount
3
1
lawnmaintenance
labor
O
Lawn Maintenance-niow front, ditches, pond
blow of; -roads
Sales Tax
25.00
25.00
7.00%
75.00
25.00
0.00
I
i
Total S 100.00

Southern. Pines Lawn & Landscaping
Invoice
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bitt To
Galarde &. Company, Inc.
6766 G Wrightsville Avenue, Suite 12
Wilmington, NC 28403
Date
Invoice #
9/15/2004
8475
Ship To
UPPER REACFI COMMON AREA
PED 98?[E
E=0
P.O. Number
Terms
Rep
Ship
Via
F.0.B.
Project
9/15/20t14
[.Quantity
Item Code
Description
Price Each
Amount
18
labor
install 2" pipe From water meter to lot 5 and connect to
13.00
234.00
circle
4
labor
Dave and Matt
25.00
100.00
300
1.25
1 1/4 pvc pipe
0.375
112.50T
1
fittings
elbows, tees, barbed els, 1xIx1/2tees,
35.00
35.00T
8
sod
sod
100.00
800.00T
I
delivery
delivery charge
55.00
55.00T
4
labor
Matt and Dave sod install
25.00
100.00
38.5
labor
install sod and clean up
13.00
500.50
60
pinestraw
bails of pine straw
4.50
270.00
21
labor
install pine stmwBOR
13.00
273.00
Sales Tax
7.00%
70.18
ReC
:ved
N 7_t
OUA
Total
$2,554.18

Southern Pines Lawn & Landscaping
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Galarde & Company, Inc.
6766 G Wrightsville Avenue, Suite 12
Wilmington, NC 28403
P=@)3V2[2
Ship To
Upper Reach
Invoice
Date
Invoice #
9/21/2004
8527
P.O. Number
Terms
Rep
Ship
Via
F.O.B.
Project
9/21/2004
Quantity
Item Code
Description
Price Each
Amount
I
la Aumaintenance
Lawn Maintenance
75.00
75.00
Sales Tax
T00%
0.00
e7 _/
ReCe
ved
Ernte,r
ed in AIP
Cost
Total $75.00

Southern Pines Lawn & Landscaping
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Galarde & Company, Inc.
6766 G Wrightsville Avenue, Suite 12
Wilmington, NC 28403
F°D
a TE
Ship To
Upper Reach
Invoice
Date
invoice #
9/24/2004
8566
P.O. Number
Terms
Rep
Ship
Via
P.O.B.
Project
9/24/2004
Quantity
Item Code
Description
Price Each
Amount
1
lawnmaintenance
clean dirt in street and blow off road
35.00
35.00
Sales Tax
7.00%
0.00
Received
Ente -e .
in A/P
C0St C�;C!'-
dr 93,
A�.�rP`ov
s,d Date
Due D.:,
s
Pair -
to
Check
F Yoid.
Total $35.00

Southern Pines Lawn & Landscaping
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7594
Bill To
Galarde & Company, Inc.
6766 G Wrightsville Avenue, Suite 12
Wilmington, NC 28403
Invoice
Date
Invoice #
10/13/2004
8648
Ship To
Common Area Upper Reach
P�LDID
0 �
P.O. Number Terms Rep
Ship
Via
F.O.B.
Project
10/13/2004
Quantity Item Code Description
Price Each
Amount
6 labor install sts, repair rut,$x irrigation break
13.00
78.00
Sales Tax
7.00%
0.00
Received
1�ritr-, r d in A.]P
sir
n tp ., 3 ate
—f .
...l f�•• I C Y
Total
$7s.oa

Southern Pines Lawn & Landscaping
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Galarde & Company, Inc.
6766. G Wrightsville Avenue, Suite 12
Wilmington, NC 28403
Ship To
UpperReach
Invoice
Date
Invoice #
10/14/2004
8733
P.O. Number
Terms _
Rep
Ship
Via
F.O.B.
Project
10/14/2004
Quantity
Item Code
Description
Price Each
Amount
I
lawnmaintenance
1_awn Maintenance — 614 d W 6pb apt CA
75.00
75.00
2
labor
clean sand from street, construction area and blow off
17.50
35.00
street
Sales Tax
7.00%
0.00
R
eived
En'
ered in A/P
Code
.{4 ads,
rot edl"?Date
/
Du
t Date
#
Total
$ 110.00

Southern Pines Lawn & Landscaping
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Galarde & Company, Inc.
6766 G Wrightsville Avenue, Suite 12
Wilmington, NC 28403
Ship To
Upper Reach MC
Invoice
Date
Invoice #
]I/l/2004
9969
P.O. Number
Terms
Rep
Ship
Via
F.O.B.
Project
11/1/2004
Quantity
Item Code
Description
Price Each
Amount
I
lawrauaintenance
Lawn Maintenance
75.00
75.00
Sales Tax
7.00%
0.00
n M"
00
PRO
axi
Total
$75.00

Southern Pines Lawn & Landscaping
831 Calson Loop Rd
Winna.bow, NC 28479-5347
910-443-7584
Bill To
Galarcle & Company, Inc.
6766 G Wrightsville Avenue, Suite 12
Wilmington, NC 28403
Ship To
UPPER REACH
Invoice
Date
Invoice #
11/24/2004
8946
P.O. Number
Terms
Rep
Ship
Via
F.O.B.
Project
11124I2004
Quantity
Item Code
Description
Price Each
Amount
1
lawnmaintenance
Lawn Maintenance
65.00
65.00
Sales Tax /
���
7-00%
0.00
.� GYlaureGv
Entered in AR
itrr dame
;L
..,-..,, ...... -.......-.....+.++sue
Total
$65.00

Southern Pines Lawn & Landscaping
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Galarde & Company, Inc.
6766 G Wrightsville Avenue, Suite 12
Wilmington, NC 28403
Ship To
upper reach
Invoice
Date
Invoice #
12/9/2004
9099
P.O_ Number
Terms
Rep
Ship
Via
F.O.B.
Project
12/8/2004
Quantity
Item Code
Description
Price Each
Amount
1
lawnmaintenance
Lamm Maintenance
65.00
65.00
Sales "pax /
7.00%
0.00
EEf/' 1
i iX+lr if
✓
w6ci Pate, .. ? -0
Total
$65.00

Southern Pines Lawn & Landscaping
Invoice
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Galarde & Company, Inc.
6766 G Wrightsville Avenue, Suite 12
Wilmington, NC 28403
Date Invoice #
1/17/2005 9181
P.O. Number
Terms
Rep
Ship
Via
F.O.B.
Project
1 / 17/2005
Quantity
Item Code
Description
Price Each
Amount
1
lawnmaintenance
[.awn Maintenance
Sales
�rTa� � � � � �
`X
C le a Ai
65.00
7.00%
65.00
0.00
Total $65.00

Southern Pines Lawn & Landscaping
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill 7o
Galarde & Company, Inc.
6766 G Wrightsville Avenge, Suite 12
Wilmington, NC 29403
Ship To
tipper reach L o t 5
Invoice
Date Invoice #
2/8/2005 9269
P.O. Number
Terms
Rep
Ship
Via
F.O.B.
Project
2/8/2005
Quantity
Item Code
Description
Price Each
Amount
i
riprap
rock
180.00
180.00
3
labor
LABOR
13.00
39.00
1
labor
LABOR
25.00
25.00
Sales Tax
7.00%
0.00
A5'� (/�CJQ/P fit? 7" '�e'c 1-27 C1ck 4 e-) ,
Total $244.00

Southern Pines Lawn & Landscaping
invoice
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Ga1ard&&-Goinpany-1ne.
6800 Wrightsville Avenue, Suite 18
Wilmington, NC 28403
Ship To
Upper Reach
Date Invoice #
2/22/2005 9355
P.O. Number
Terms
Rep
Ship
Via
F.O.B.
Project
2/22/2005
Quantity
Item Code
Description
Price Each
Amount
I
laummaintenance
Lawn Maintenance
Sales Tax
-� c/Q�stE'c�_c✓Fe� �
65.00
7.00%
65.00
0.00
Total $65.00

Southern Pities Lawn & Landscaping
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Upper Reach HOA
6800 Wrightsville Avenue SUITE 18
Wilmington, NC 28403
Ship To
Upper Reach
Invoice
Date Invoice #
3/29/2005 9476
P.O. Number
Terms
Rep
Ship
Via
P.O.B.
Project
3/29/2005
Quantity
Item Code
Description
Price Each
Amount
1
lavrnmaintenance
Lawn Maintenance
Sales Tax
GT1aLcfea/ ludtcr/
7-
75.00
7.00%
75.00
0.00
Total $75.00

Southern Pines Lawn & Landscaping
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Upper Reach HOA
6800 Wrightsville Avenue SU rE 18
Wilmington, NC 28403
Ship To
Upper Reach
Date Invoice #
4/12/2005 9713
P.O. Number
Terms
Rep
Ship
Via
F.O_B.
Project
4/12/2005
Quantity
Item Code
Description
Price Each
Amount
1
lm
lawn maintenance
Sales Tax
AtQtI.;e- bOLICr
e lea 'tl ed" -� e e 7,
75.00
7,00%
75.00
0.00
Total $75.00

Southern Pines Lawn & Landscaping
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Upper Reach HOA
6800 Wrightsville Avenue SUITE 18
Wilmington, NC 28403
Ship To
Upper Reach
Date invoice #
4/27/2005 9684
P.O. Number
Terms
Rep
Ship
Via
F.O.B.
Project
4/27/2005
Quantity
item Code
Description
Price Each
Amount
1
lm
laum maintenance
75.00
75.00
Sales'fax
7.00%
0.00
/
vy/a a)
Total $75.00

Invoice
Southern Pines Lawn & Landscaping
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Upper Reach HOA
6800 Wrightsville Avenue SUITE 18
Wilmington, NC 29403
Date Invoice #
5/ 18/2005 9997
Ship To
Upper Reach
RECEHEQ JUN — 6 2005
P.O. Numbe
Terms
Rep
Ship
Via
F.O.B.
Project
5/18/2005
Quantity
Item Code
Description
Price Each
Amount
I
lawnmaintenance
Lawn Maintenance
75.00
75.00
Sales Tax
7.00%
0.00
= eCr 57��'� t"
Glea
Total $75.00

Invoice
Southern Pines Lawn & Landscaping
831 Caison Loop Rd
Winnabow, NC 28479-5347������
910-443-7584
Bill To
Upper Reach HOA
6800 Wrightsville Avenue SUITE 18
Wilmington, NC 28403
Ship To
Upper Reach
Date Invoice #
6/6/2005 10257
P,O. Number
Terms
Rep
Ship
Via
F.O.B.
Project
6/6/2005
Quantity
Item Code
Description
Price Each
Amount
1
lm
lawn maintenance
Sales Tax
75.00
7.00%
75.00
0.00
Total $75.00

Southern Pines Lawn & Landscaping
Invoice
831 Caison Loop Rd
Winnabow, NC 28479-5347 RECEIVED JUL 1 9 2095
910-443-7584
Bill To
Upper Reach HOA
6800 Wrightsville Avenue SUITE 18
Wilmington, NC 28403
Ship To
Upper Reach
Date Invoice #
6/21 /2005 10376
P,O, Number
Terms
Rep
Ship
Via
F.O.B.
Project
6/21/2005
Quantity
Item Code
Description
Price Each
Amount
1
Im
lavm maintenance
Sales Tax ^� /J
75.00
7.00%
75.00
0.00
Tod $75 M
,:y

Southern Pines Lawn & Landscaping
Invoice
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Upper Reach l3QA
6800 Wrightsville Avenue SU FE 18
Wilmington, NC 28403
ENTERED AUG -75 2005
Ship To
Upper Reach
Date Invoice #
7/5/2005 10637
P.O. Number
Terms
Rep
Ship
Via
F,O.B.
Project
7/5/2005
Quantity
Item Code
Description
Price Each
Amount
1
IM
lawn maintenance
Sales Tax
Rio W �U' o`T
75.00
7.00%
75.00
0.00
Total $75.00

Southern Pines Lawn & Landscaping
Invoice
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Upper Reach l lOA
6800 Wrightsville Avenue S= 18
Wilmington, NC 28403
IT-5
Ship To
Upper Reach
Date Invoice #
7/20/2005 10601
P.O. Number
Terms
Rep
Ship
Via
P.O.B.
Project
7/20/2005
Quantity
Item Code
Description
Price Each
Amount
1
lm
lawn maintenance
75.00
75.00
Sales `fax /
7.00%
0.00
Tota l $75.00

Southern Pines Lawn & Landscaping l �E.7 C %� f E l} l i
J
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Upper Reach HOA
6800 Wrightsville Avenue SUITS 18
Wilmington, NC 28403
Ship To
Upper Reach
Invoice
Date Invoice #
8/3/2005 10716
P.O. Number
Terms
Rep
Ship
Via
F.O.B.
Project
8/3/2005
Quantity
Item Code
Description
Price Each
Amount
1
lm
lawn maintenance
Sales "tax
bLL 0
75.00
7.00%
75.00
0.00
Total $75.00

Southem Pines Lawn & Landscaping;
ter-• ,ram. - .,} - 95
r'
J'-
Invoice
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Upper Reach I-IOA
6800 Wrightsville Avenue SUITE' 18
Wilmington, NC 28403
Ship To
Upper Reach
Date Invoice #
8/24/2005 10857
P.O. Number
Terms
Rep
Ship
Via
F.O.B.
Project
8124/2005
Quantity
Item Code
Description
Price Each
Amount
1
Im
laws maintenance
Sales Tax
r� p
75.00
7.00%
75.00
0.00
Total $75.00

Southern Pines Lawn & Landscaping
RECEIVED
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bin To
Upper Reach 140A
6800 Wrightsville Avenue 8iI1"t'11 18
Wilmington, NC 28403
Invoice
Date Invoice #
� � 9/9/2005 11137
Ship To
Upper peach
P.O. Number
Terms
Rep
Ship
Via
F.O.S.
Project
9/9/2005
Quantity
Item Code
Description
Price Each
Amount
1
Ln
lawn maintenance
Sales Tax /
`-;-/O&V6U / 4("�&ACC
75.00
7.00%
75.00
0.00
Total $75.00

Southern Pines Lawn & Landscaping
RECEIVED
831 Caison Loop Rd
Winnabow, NC 28479-5347
910-443-7584
Bill To
Upper ]teach HOA
6800 Wrightsville Avenue SUITE 18
Wilmington, NC 28403
Invoice
Date Invoice #
OCT — ��' 9/2212005 111226
Ship To
Upper Reach
P.O. Number
Terms
Rep
Ship
Via
F.O.B.
Project
9/22/2005
Quantity
Item Code
Description
Price Each
Amount
1
Im
lavan maintenance
Sales Tax /
�vto tN
65.00
7.00%
65.00
0.00
Total $65.ao

Oct 27 05 04':06p Don Scrime 253-5400 p.1
Southern Pines Lawn & Landscaping;
831 C iLlSon Loop Rd
Winnabow, NC 24479-5 ,47
910-443-7594
! NAME/ADDRESS I
IIppu Rcoch i1QA
6KOO WriAll Lwi11C Avenue SlJiff 14
Wilmington, NC 2,"03
Estimate
DATE
ESTIMATE NO.
1rj/21/2U()j
469
PROJECT
ITEM
DESCRIPTION
QTY
COST
TOTAL
Iawillnhinlcrcmc%:
Lamm Mainten.uiee-mow, cdhc, trial, :uad NOW off cul de
.uc hi -week �ly ,xwin,,; sex;orl, over ,xxxl pond area with
rye in September, maunnial porld and cul ck tea: during
the WIT)Ier mnnthly-Na )V 1 l ,f2, orte. fLrtlli7.rt1011
SAL:- Tax
12
; 35_00
7.00"/,-
1,620,00
i1.00
TOTAL I.la2u.U()
e

Re: Upper Reach Extension HOA turnover
Subject: Re: Upper Reach Extension HOA turnover
From: Linda Lewis <[e-mail]>
Date: Mon, 22 Aug 2005 l l :5 l :47 -0400
To: John Galarde <[e-mail]>
CC: Gary Beecher <[e-mail]>
John:
we'd like to meet everyone at the site, homeowners, consultant, developer, and
DENR, to inspect the measures, and then determine what needs to be done to comply
with State Stormwater. Once the problems, (related to stormwater management only)
are corrected, the BOA will be obligated to take over the permit. You should time
the implementation of the corrective measures such that they are complete before
the first meeting of the BOA, and then call the Division to inspect the project
again, just before the meeting. The newly elected president can then sign off on
the paperwork and the permit can then be issued to the HOA.
If the site is in compliance, and there are are no corrective measures needed, the
Division will relay this information at the meeting and put it in writing so that
when the first meeting of the BOA takes place, there will be no doubt about what
the stormwater permit covers, and what is the compliance status of the project.
Please provide me with the names and phone numbers of the residents in the
subdivision, or a single contact for the neighborhood that can spread the word, and
let me know some available dates for the meeting.
Thanks,
Linda
John Galarde wrote:
Linda,
Hope all is well. We are preparing to turnover the stormwater permit and books
to Upper Reach Extension HOA. A preliminary copy of the covenants was sent with
our original application and the recorded covenants were sent in October 2004 as
requested. We have not received any feedback from the division concerning the
covenants at this point. The turnover is anticipated to be in the next 30 - 45
days. I have a Name/Ownership Change Form, however, it can not be completed
until the turnover and the first BOA meeting. At the first meeting a board of
directors will be elected and then the board elects officers. Then the BOA
president can sign the Change Form.
As you wrote in your letter dated May 12, 2005 to Mr. eirck, Lake Renaissance
BOA President, I "should have notified the Division prior to transfer so that
the maintenance and deed restriction issues could be resolved ahead of time,
making the transfer cf the permit much smoother." The reason I bring this up is
I do not want to run into the same problem with Upper Reach. Therefore, I am
notifying the Division that we are planning on turning over the Upper Reach
Extension BOA and permit in the next 3.0 -- 45 days. I will be able send in the
Change Form once this is done and the BOA president is elected. Please let me
know if there are any deficiencies before the turnover. Otherwise after the
owners take over the HOA there has to be a vote and amendment by the BOA to make
any changes. As I explained before, creating amendments and votes after the turn
over can become very cumbersome, frustrating and something we would like to
avoid.
Thank you for your help.
Sincerely,
John Galarde
1 of2
8/22/2005 11:52 AM

Re: Upper Reach Extension HOA turnover
IR 1 Cc: Alan Solana, Attorney at Law
l
2 of 2 8/22/2005 11:52 AM

each )extension HOA turnover
Subject: RE: Upper Reach Extension HOA turnover
From: "John Galarde" <[e-mail]>
Date: Mon, 22 Aug 2005 16:44:59 -0400
To: "'Linda Lewis"' <][e-mail]>
Linda,
V6
q Ie
I think it would be easier to contact Yates Perkins at my office to have her
get in touch with the homeowners. She is our customer service rep. Her # is
256-2700 or [e-mail].
Available dates are August 30 or 31; Sept. 1, 7 or 8. Let me know what is
good for you and I will have Yates contact the homeowners. I suppose a good
time would be around 5:00 - 6:00 in the evening?
Thanks for your help. And I am curious, do the homeowners always come to the
inspection meetings, because it seems it would be difficult to get them all
there, especially if you have 50 or more homeowners.
Thanks,
John
-----Original Message -----
From: Linda Lewis [mailto:[e-mail]]
Sent: Monday, August 22, 2005 11:52 AM
To: John Galarde
Cc: Gary Beecher
Subject: Re: Upper Reach Extension HOA turnover
John:
we'd like to meet everyone at the site, homeowners, consultant,
developer, and DENR, to inspect the measures, and then determine what
needs to be done to comply with State Stormwater. Once the problems,
(related to stormwater management only) are corrected, the HOA will be
obligated to take over the permit. You should time the implementation of
the corrective measures such that they are complete before the,first
meeting of the HOA, and then call the Division to inspect the project
again, just before the meeting. The newly elected president can then
sign off on the paperwork and the permit can then be issued to the HOA.
If the site is in compliance, and there are are no corrective measures
needed, the Division will relay this information at the meeting and put
it in writing so that when the first meeting of the HOA takes place,
there will be no doubt about what the stormwater permit covers, and what
is the compliance status of the project.
Please provide me with the names and phone numbers of the residents in
the subdivision, or a single contact for the neighborhood that can
spread the word, and let me know some available dates for the meeting.
Thanks,
Linda
John Galarde wrote:
Linda,
Hope all is well. we are preparing to turnover the stormwater permit
1 of2 8/23/2005 7:29 AM

ffach Extension HOA turnover
and books to Upper Reach Extension HOA. A preliminary copy of the
covenants was sent with our original application and the recorded
covenants were sent in October 2004 as requested. We have not received
any feedback from the division concerning the covenants at this point.
The turnover is anticipated to be in the next 30 - 45 days. I have a
Name/Ownership Change Form, however, it can not be completed until the
turnover and the first HOA meeting. At the first meeting a board of
directors will be elected and then the board elects officers. Then the
HOA president can sign the Change Form.
As you wrote in your letter dated May 12, 2005 to Mr.'Birck, Lake
Renaissance HOA President, I "should have notified the Division prior
to transfer so that the maintenance and deed restriction issues could
be resolved ahead of time, making the transfer of the permit much
smoother." The reason I bring this up is I do not want to run into the
same problem with Upper Reach. Therefore, I am notifying the Division
that we are planning on turning over the Upper Reach Extension HOA and
permit in the next 30 - 45 days. I will be able send in the Change
Form once this is done and the HOA president is elected. Please let me
know if there are any deficiencies before the turnover. Otherwise
after the owners take over the HOA there has to be a vote and
amendment by the HOA to make any changes. As I explained before,
creating amendments and votes after the turn over can become very
cumbersome, frustrating and something we would like to avoid.
Thank you for your help.
Sincerely,
John Galarde
Cc: Alan Solana, Attorney at Law
2 of 2 8/23/2005 7:29 AM

RE: Upper Reach Inspection
Subject: RE: Upper Reach Inspection
From: "Erik Hoffacker" <[e-mail]>
Date: Fri, 9 Sep 2005 09:37:58 -0400
To: "'Linda Lewis"' <[e-mail]>
Linda,
My home address is
909 Upper Reach Drive
Wilmington, NC 28409
Thanks.
Erik
Erik Hoffacker, Broker
The Buddy Blake Team
Coldwell Banker Sea Coast Realty
Wilmington, NC
[phone] Mobile -
[phone] Office
[e-mail]
www.buddyblake.com
www.wilmingtoninfo.com
---Original Message -----
From: Linda Lewis [mailto:[e-mail]]
Sent: Friday, September 09, 2005 9:36 AM
To: Erik Hoffacker
Subject: Upper Reach Inspection
Dear Mr. Hoffacker:
Could I please get a mailing address from you. I wasn't sure if the Sea
Coast Realty on Oleander Drive was the correct mailing address for you.
I would prefer to send this correspondence to your home address, but I
could not find it in the phone book.
Thanks.
Linda Lewis
I of 1 9/9/2005 9:43 AM

OF WATER
o �
Mr. John Galarde, President
Galarde & Company
6800 Wrightsville Avenue S,,;40- I $
Wilmington, NC 28403
Dear Mr. Galarde:
Michael F. Easley, -Govern or
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 3, 2003
Subject: Permit No.-SW8 030813
Upper Reach Extension
High Density Subdivision Stormwater Project
New Hanover County
The Wilmington Regional Office received a complete Stormwater Management Permit Application for
Upper Reach Extension on October 2, 2003. Staff review of the plans and specifications has determined
that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. We are forwarding Permit No. SW8 030813, dated October 3, 2003, for the construction of the
project, Upper Reach Extension.
This permit shall be effective from the date of issuance until October 3, 2013, and shall be subject to the
conditions and limitations as specified therein. Please pay special attention to the Operation and
Maintenance requirements in this permit. Failure to establish an adequate system for operation and
maintenance of the stormwater management system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Laurie
Munn, or me at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/:Ism S:1WQSISTORMWATIPERMIT1030813.oct03
cc: Jeffrey Malpass, P.E.
New Hanover County Inspections
Beth E. Wetherill, New Hanover County Engineering
Laurie Munn
Wilmington Regional Office
Central Files
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service 6+t�
Wilmington Regional Office Wilmingtpn, NC 28405 [phone] Fax [phone] NCOENR

- State Stormwater Management Systems
Permit No.-SW8 030813
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
Galarde & Company
Upper Reach Extension
New Hanover County
FOR THE
construction, operation and maintenance of an infiltration basin in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the
approved stormwater management plans and specifications and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this
permit.
This permit shall be effective from the date of issuance until October 3, 2013 and shall be subject
to the following specified conditions and limitations:
I. DESIGN STANDARDS
l . 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 6 lots, each allowed 4,000 square feet of built -upon area.
3. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
4. This pond is not operated with a vegetative filter. The pond is designed to hold the 1.5"
storm event and infiltrate the 25-year, 24-hour storm event.
5. All stormwater collection and treatment systems must be located in either dedicated
common areas or recorded easements, The final plats for the project will be recorded
showing all such required easements, in accordance with the approved plans.
2

State Stormwater Managenrient Systems:
- Perriiit No. SW8 0308'l 3 - -
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name:
Upper Reach Extension
Permit Number:
SW8 030813
Location:
New Hanover County
Applicant:
Mr. John Galarde, President
Mailing Address:
Galarde & Company
6800 Wrightsville Avenue
Wilmington, NC 28403
Application Date!
October 3, 2003
Receiving Stream/River Basin:
Hewletts Creek / Cape Fear
Stream Index Number:
CPF24 18-87-26
Classification of Water Body:
"SA HQW"
Design Storm, inches:
1.5"
Drainage Area, acres:
2.66
Onsite, sq. ft.-.
115;870
Offsite, sq. ft.:
none
Total Impervious Surfaces, sq. ft.:
34,452
6 lots @ 4,000, sq. ft:
24,000
Streets, sq. ft:
9,400
Sidewalks, sq. ft:
1,052
Basin, Depth, feet:
1.5
Bottom Elevation, FMSL:
22.0
Required Storage Volume, ft3:
4,600
Provided Storage Volume, W:
8,346
Temporary Storage Elevation, FMSL:
23.25
Controlling Orifice:
n/a
Soil Type:
Sand
Seasonal High Water Table:
20.0
Expected Infiltration Rate:
111" per hour
Time to Draw Down, hours.
0.2
3

State Stonnwater Management Systems.....- -
Permit No. SW8 030813--
II. SCHEDULE OF COMPLIANCE
No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such
as swales) shown on the approved plans as part of the stormwater management system
without submitting a revision to the permit and receiving approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for the entire
Iot, including driveways and sidewalks, does not exceed the allowable built -upon area.
Once the lot transfer is complete, the built -upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon area
limit is transferred to the individual property owner.
3. If an Architectural Review Committee (ARC) is required to review plans for compliance
with the BUA limit, the plans reviewed must include all proposed built -upon area. Any
approvals given by the ARC do not relieve the homeowner of the responsibility to
maintain compliance with the permitted BUA limit.
4. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those Iisted below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision; acquisition, or sale of all or part of the project area. The
project area is defined as all property owned by the permittee, for which
Sedimentation and Erosion Control Plan approval or a CAMA Major permit was
sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved
plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The Director may notify the permittee when the permitted site does not meet one or more
of the minimum requirements of the permit. Within the time frame specified in the notice,
the permittee shall submit a written time schedule to the Director for modifying the site to
meet minimum requirements. The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, a certification must be received from an
appropriate designer for the system installed certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting documentation. Any deviations from the approved plans and specifications
must be noted on the Certification.
10. If the stormwater system was used as an Erosion Control device, it must be restored to
design condition prior to operation as a stormwater treatment device, and prior to
occupancy of the facility.
4

State Stormwater Management_ Systems
-Perrnit-No: SW8 030813
11. Decorative spray fountains will not be allowed in the stormwater treatment system
12. Permanent seeding requirements for the stormwater control must follow the guidelines
established in the North Carolina Erosion and Sediment Control Planning and Design
Manual.
13. The permittee shall at all times provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function at optimum efficiency.
The approved Operation and Maintenance Plan must be followed in: its entirety and
maintenance must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f Debris removal and unclogging of structures, orifice, catch basins and piping.
g. Access to all components of the system must be available at'all times.
14. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DWQ. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
15. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon
area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. The
recorded statements must follow the form:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 030813, as issued by the Division
of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water
Quality.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is 4,000 square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not
include raised, open wood decking, or the water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h.' All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales and
directing them into the pond or street. Lots that naturally drain into the system are
not required to provide these measures.
5

_ _-State Stormwater Management Systems;
Permit No. SW8 030813_
16. Prior to transfer of the permit, the stormwater facilities must be inspected by DWQ
personnel, and determined to be in compliance with all permit conditions. Any items not
in compliance must be repaired or replaced to design condition prior to the transfer.
Records of maintenance activities performed to date will be required.
17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days
of the date of recording the plat, and prior to selling lots. The recorded copy must bear the
signature of the Permittee, the deed book number and page, and stamp/signature of the
Register of Deeds.
18. This permit shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other supporting
data.
19. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick,
stone, slate, coquina and parking areas, but does not include raised, open wood decking,
or the water surface of swimming pools.
I11. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director. In the
event there is a desire for the facilities to change ownership, or there is a name change of
the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of
Water Quality accompanied by appropriate documentation from the parties involved,
including as may be required, but not limited to, a deed of trust, recorded deed
restrictions, Designer's Certification and a signed Operation and Maintenance plan. The
project must be in good standing with DWQ. The approval of this request will be
considered on its merits and may or may not be approved.
2. The permittee is responsible for compliance with the terms and conditions of this permit
until such time as the Director approves the transfer request.
3. Failure to abide by.the conditions and limitations contained in this permit may subject the
Permittee to enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including those
as may be required by this Division, such as the construction of additional or replacement
stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and reissuance or termination does not -
stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the purposes
of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
2

State St_ormwater Management Systems .
Permit No. SW8 030813 - -
9. A copy of the approved plans and specifications shall be maintained on file by the
Permittee for a minimum of ten years from the date of the completion of construction.
Permit issued this the 3rd day of October, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A. A
Alan W. Klimek, P.E.,Ilirector
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 030813
r
7

_ _ _ • ---. - .- _ _ __ ..._ State-Stormwater Management -Systefns ,
--- - __-.- - -Permit-No: SW$'030813
Upper Reach Extension Pagel of 2
Stormwater Permit No. SW8 030813
New Hanover County
Designer's Certification
as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the
construction of the project,
(Project)
for (Project Owner) hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the project construction such
that the construction was observed to be built within substantial compliance and intent of the
approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
8

'� - - r�°"' �- >& .. - 6 _ 2'„ :d .% .
O1 FiC . GSE`O� L4 .
Date Received
Fee Paid
Permit Number
9-4?-0-3
2
7 iq�
, J13 o
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
-r-
3. Mailing Address for person listed in item 2 above:
Citv:_ V✓111yn1 4ifz" _ State: /t1-' Zip: DO� Ltd 3
Telephone Number: C 1110 _ _ ) 3L 5 6- a %O n
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on
plans, specifications, letters,
II operation and maintenance agreements, etc.):
U ADer
5. Location of Project (street address):
City:County: oyGr
b. Directions to project (from nearest major intersection):
e 1►t , r 's �► sT 1 - '� fo it 6e �o , � Pe,f le II � �' �eps 1 � "�
r
7. Latitude: / ��' lI a +` Longitude: w %� S �. �! of project
S. Contact person who can answer questions about the project:
Name: �� (--��� a��µ�sµT s r — -- Telephone Number:
II. PERMIT INFORMATION:
1. Specify whether project is (check one): ew Renewal, Modification
Form S)NTU-101 Version 3.99 Page I of 4

t

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number " /l�/ and its issue date (if known)
3. Specify the type of project (check one):
Low Density V High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
�CAMA Major VSedimentation/Erosion Control �404/401 Permit �NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748,
M. PROJECT WFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(onetotwo pages) describing stormwater management for the project.
in Lion "A i-_� f ��,or 4urfA&
2. Stormwater runoff from this project drains to the _ _ a e r e"{
p 1 (� _ River basin.
3. Total Project Area: 7 , ; � _acres
5. How many drainage areas does the project have?
4. Project Built Upon Area:
30 %
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basrn'Infornatson�;
• �,,.,. x _�.3'Y' .h,ay. .�,:Y s.«+,.fi9 s'.. r,.. :.>b: r?`
r Drainage Area I
..x�.; w. Yo-» 'l: `5 ,;:.:, w.>4.a,.,....�'»4 �3, ;. �..{
m `Dxa un .1 a�gerea 2 < � "
ai�Y%a.�t-- ,k S,:'..) c,.,, i
Receiving Stream Name
14ew jfg e-s C ce,
Receiving Stream Class
$14 Q LIL-1
LPFZ L4 -2-(,
Drainage Area
6 avy
Impervious* Area
.Existing
Proposed Impervious4Area
°/n Impervious' Area (total)
Im Yer taus' Surface Area? I
DrauiageYAea 1
j Drainage Area Z
On -site Buildings
001,
On -site Streets
00
On -site Parking
N
On -site Sidewalks
Other on -site
MIA
Off -site
N/ a
Total: '3445k
Total:
' Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SWl_i-101 Version 3.99
Page 2 of 4

i
i

W
7. How was the off -site impervious area listed above derived? f /�
r
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANT'S
The .following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment.
The following coveruints are intended to ensure ongoing compliance with state stormwater management permit
number _ as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
No more than k 000 square feet of any lot shall be covered by structure; or impervious materials.
Impci-, ious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swinrrning pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit nrodtfication prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
irile, city and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenantfi for this project
shall include all the applicable items required above, that the covenants will be binding on all parties azld
persons claiming under them, that they will run with the land, that the required covenants cannot be changed or
deleted without concurrence from the State, and that they will be .recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the
status and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SW-U-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form Sti-ltti-1057
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

,VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
Initials
• Original and one copy of the Stormwater Management Permit Application Form ✓
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including:
- Development/Project name
Engineer and firm
-Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm): M 41 P -'f
Mailing Address:
City:
Phone: ( V V V )
VIII. APPLICANT'S CERTIFICATION
i
cfl�-Q
C�
State. /t/' G . Zip; '�- Ctf o -�
Fax: ( % 10 ) '% 1�3 -Da /y
1, (print or type name of person listed in General Informatio.n, item 2) _ } d k n I
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 2H .1000.
Signatu
Date:
Form SWU-10I Version 3.99 Page 4 of 4

m
\

Permit No. ::�TVf'D 3 42 l
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
INFILTRATION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater-Mana ement Plan Review:
A complete stormwater management plan submittal includes a stormwater management permit application, an
infiltration basin supplement for each system, design calculations, soils report and plans and specifications
showing all stormwater conveyances and system details.
I. PROJECT INFORMATION
Project Name : U pae-c R e-'o1% L-"
Contact Person: Se r- - /-K as G
L'r► till
Phone Number: r qP0} 3_c/ 17 6 3
This worksheet applies to: Basin No. l o el 1� in Drainage Area kLt
(as identified on plans) (from Form SWU-101)
II. DESIGN INFORMATION - Attach supporting calculations/documentation. The soils report must be
based upon an actual field investigation and soil borings. County soil maps are not an acceptable
source of soils information. All elevations shall be in feet mean sea level (fmsl).
Soils Report Summary
Soil Type 5 AV 0
Infiltration Rate III inl or cf/hr/sf (circle appropriate units)
S14WT Elevation a co • W0fmsl (Seasonal High Water Table elevation)
Basin Design Parameters I S
Design Storm Y< inch
Design Volume > ��� _ c.f.
Drawdown Time 0 days
7 Z� �Y /�.N
Basin Dimensions
h o t cJ cj,,/ z W h r s -ter-nr,
o,ve-n
(1.5 inch event for SA waters, 1 inch event for others)
D) no3 use 4111., -VI e ;n�j�
eYcCe¢ds
hr vo lo-me,
Basin Size ft. x ft. = 5 If sq. ft. (bottom dimensions)
Basin Volume Provided _C.f.
Basin Elevations
Bottom Elevation a a. fmsl
Storage Elevation a3;I.5 f fmsl
Top Elevation a3.5 furs]
Form SWU-103 Rev 3.99 Paae 3 of 3

'?, ,-i 1 ") -?
.11
rT-

Ill. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the,space provided to indicate that the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. Attach justification if a requirement has not been met.
Applicants Initials
sr"` a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
1, b. System is located at least 100 feet from water supply wells.
c. Bottom of system is at least 2 feet above the seasonal high water table.
See- aft".L,�QA+
t,oveLe'1,saf d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon.
e.
System is not sited on or in fill material or DWQ approval has been obtained.
f.
System is located in a recorded drainage easement for the purposes of operation and
maintenance and has recorded access easements to the nearest public right-of-way.
S r"` g.
Drainage area for the device is less than 5 acres.
h.
Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is
attached.
i.
System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event
for areas draining to SA waters ). Desi�lume and infiltration calculations attached.
j.
System is sized to take into account the runoff at the ultimate built -out potential from all
surfaces draining to the system, including any off -site drainage. Calculations attached.
w` k.
All side slopes stabilized with vegetated cover are no steeper than 11 (H:V).
I.
A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or
sediment trap is provided.
in
Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches
or dense vegetative cover is provided.
y N n.
Vegetated filter is provided for overflow and detail is shown on plans (Required minimum
length is 50 feet for SA waters, 30 feet for other waters).
1
�l o.
Flow distribution mechanism within the basin is provided.
S(V\ p.
A benchmark is provided to determine the sediment accumulation in the pretreatment
device.
q.
Runoff in excess of the design volume bypasses off-line systems (bypass detail provided).
-7 to r.
System is designed to draw down the design storage volume to the proposed bottom
elevation under seasonal high water conditions within five days. A soils report and all
pertinent draw -down calculations are attached.
r^ s.
Plans ensure that the installed system will meet design specifications (constructed or
restored) upon initial operation once the project is complete and the entire drainage area is
stabilized.
Form SWU-103 Rev 3.99 Page 2 of 3

< IV. INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT
1. After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion,
trash accumulation, vegetative cover, and general condition.
2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow
vegetated cover to maintain a maximum height of six inches, and remove trash as needed.
3. After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow
structures for blockage and deterioration. Remove any blockage and repair the structure to approved
design specifications.
4. Remove accumulated sediment from the pretreatment system and infiltration basin annually or when
depth in the pretreatment unit is reduced to 75% of the original design depth. The system shall be restored
to the original design depth without over -excavating. Over -excavating may cause the required water
table separation to be reduced and may compromise the ability of the system to perform as designed.
Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner
that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or stream,
etc.).
A benchmark shall be established in the pretreatment unit. The benchmark will document the original
design depth so that accurate sediment accumulation readings can be taken. The measuring device used
to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not
readily penetrate into accumulated sediments.
When the design depth reads _- feet in the pretreatment unit, the sediment shall be
removed from both the pretreatment unit and the infiltration basin.
If the Division determines that the system is failing, the system will immediately be repaired to original
design specifications. If the system cannot be repaired to perform its design function, other stormwater
control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed.
I acknowledge and agree by my signature below that I am responsible for the perforniance of the five
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print Name and Title: 4rti. I �-G�>° v�s�c.�Prti'� �Q� d- �►P`'—`'�'
Address: foggy uir,` �.�3u�r�{ S-{� 1;� Gag1�o3
Phone: y1 6 - 2-5& - Z,-10b
Signature:
Date: 8 - La ' v3
Note: The legallp responsible part should not be a homeowners association unless more than 50% of the lots have been sold and
a r sident of the subdivision has been named the president.
I, , a NqtM.Public for the State of _Aotyt_&_�_, my of
o her certify that personally appeared before me this LOA
day of [SAL , and acknowle ge the due execution of the forgoing infiltration basin maintenance
�y hand and official seal.
requirements. ttness m,
.=5"Trr
SEAL ` .�T ti; �
Y ,
OFFICIAL SEAL
Notary Public, North Carolina
County of New Hanover
e�
"'
KIM TAYLOR
Y
mm' i n Expires 8-29-06
Form S
My commission expires g L-�5 Ln
Page 3 of 3

State Stormwater Management Systems
Permit No, SW8 030813
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
Galarde & Company
Upper Reach Extension
New Ilanover County
FOR THE
construction, operation and maintenance of an infiltration basin in compliance with the
provisions of l 5A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the
approved stormwater management plans and specifications and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this
permit.
This permit shall be effective from the date of issuance until October 3, 2013 and shall be subject
to the following specified conditions and limitations:
1. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. 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 6 lots, each allowed 4,000 square feet of built -upon area.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
4. This pond is not operated with a vegetative filter. The pond is designed to hold the 1.5"
storm event and infiltrate the 25-year, 24-hour storm event.
All stormwater collection and treatment systems must be located in either dedicated
common areas or recorded casements. The final plats for the project will be recorded
showing all such required easements, in accordance with the approved plans.
2

` State Stormwater Management Systems
Permit No. SW8 030813
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name:
Upper Reach Extension
Permit Number:
SW8 030813
Location:
New Hanover County
Applicant:
Mr. John Galarde, President
Mailing Address:
Galarde & Company
6800 Wrightsville Avenue
Wilmington, NC 28403
Application Date:
October 3, 2003
Receiving Stream/River Basin:
Hewletts Creek / Cape Fear
Stream index Number.
CPF24 18-87-26
Classification of Water Body:
"SA HQW"
Design Storm, inches:
1.5"
Drainage Area, acres:
2.66
Onsite, sq. ft.:
115,870
Offsite, sq. ft.:
none
Total Impervious Surfaces, sq. ft.:
34,452
6 lots @ 4,000, sq. ft:
24,000
Streets, sq. ft:
9,400
Sidewalks, sq. ft:
1,052
Basin, Depth, feet:
1.5
Bottom Elevation, FMSL:
22.0
Required Storage Volume, ft':
4,600
Provided Storage Volume, ft3:
8,346
Temporary Storage Elevation, FMSL:
23.25
Controlling Orifice:
n/a
Soil Type:
Sand
Seasonal High Water Table:
20.0
Expected Infiltration Rate:
111" per hour
Time to Draw Down, hours:
0.2
3

State Stonmwater Management Systems
Permit No. SW8 030813
II. SCHEDULE OF COMPLIANCE
No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such
as swales) shown on the approved plans as part of the stormwater management system
without submitting a revision to the permit and receiving approval from the Division.
2. The permitter is responsible for verifying that the proposed built -upon area for the entire
lot, including driveways and sidewalks, does not exceed the allowable built -upon area.
Once the lot transfer is complete, the built -upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon area
limit is transferred to the individual property owner.
3. If an Architectural Review Committee (ARC) is required to review plans for compliance
with the BUA limit, the plans reviewed must include all proposed built -upon area. Any
approvals given by the ARC do not relieve the homeowner of the responsibility to
maintain compliance with the permitted BUA limit.
4. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those listed below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of all or part of the project area. The
project area is defined as all property owned by the permittee, for which
Sedimentation and Erosion Control Plan approval or a CAMA Major permit was
sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved
plan.
The Director may determine that other revisions to the project should require a
modification to the permit.
G. The Director may notify the permittee when the permitted site does not meet one or more
of the minimum requirements of the permit. Within the time frame specified in the notice,
the permittee shall submit a written time schedule to the Director for modifying the site to
meet minimum requirements. The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
7. The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
8. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, a certification must be received from an
appropriate designer for the system installed certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting documentation. Any deviations from the approved plans and specifications
must be noted on the Certification.
10. If the stormwater system was used as an Erosion Control device, it must be restored to
design condition prior to operation as a stormwater treatment device, and prior to
occupancy of the facility.
4

State Stormwater Management Systems
Permit No. SW8 030813
11. Decorative spray fountains will not be allowed in the stormwater treatment system
12. Permanent seeding requirements for the stormwater control must follow the guidelines
established in the North Carolina Erosion and Sediment Control Planning and Design
Manual.
13. The permittee shall at all times provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function at optimum efficiency.
The approved Operation and Maintenance Plan must be followed in its entirety and
maintenance must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. immediate repair of eroded areas.
C. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and piping.
g. Access to all components of the system must be available at all times.
14. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DWQ. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
15. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon
area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. The
recorded statements must follow the form:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 030813, as issued by the Division
of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water ,
Quality.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
The maximum built -upon area per lot is 4,000 square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not
include raised, open wood decking, or the water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales and
directing them into the pond or street. Lots that naturally drain into the system are
not required to provide these measures.
5

State Ston-nwater Management Systems
Permit No. SW8 030813
16. Prior to transfer of the permit, the stormwater facilities must be inspected by DWQ
personnel, and determined to be in compliance with all permit conditions. Any items not
in compliance must be repaired or replaced to design condition prior to the transfer.
Records of maintenance activities performed to date will be required.
17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days
of the date of recording the plat, and prior to selling lots. The recorded copy must bear the
signature of the Permittee, the deed book number and page, and staniplsignature of the
Register of Deeds.
18. This permit shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other supporting
data.
19. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick,
stone, slate, coquina and parking areas, but does not include raised, open wood decking,
or the water surface of swimming pools.
III. GENERAI. CONDITIONS
This permit is not transferable except after notice to and approval by the Director. In the
event there is a desire for the facilities to change ownership, or there is a name change of
the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of
Water Quality accompanied by appropriate documentation from the parties involved,
including as may be required, but not limited to, a deed of trust, recorded deed
restrictions, Designer's Certification and a signed Operation and Maintenance plan. The
project must be in good standing with DWQ. The approval of this request will be
considered on its merits and may or may not be approved.
2. The permittee is responsible for compliance with the terms and conditions of this permit
until such time as the Director approves the transfer request.
Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including those
as may be required by this Division, such as the construction of additional or replacement
stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and reissuance or termination does not
stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the purposes
of inspecting the stormwater facilities during normal business hours.
8. The pennittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
6

State Stormwater Management Systems
Permit No. SW8 030813
9. A copy of the approved plans and specifications shall be maintained on file by the
Permittee for a minimum of ten years from the date of the completion of construction.
Permit issued this the 3rd day of October, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek, P.E.,irector
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 030813
7

State Stonmwater Management Systems
Permit No. SW8 030813
Upper Reach Extension
Stormwater Permit No. SW8 030813
New Hanover County
Designer's Certification
Page 1 of 2
1, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodicall y/weeklylfu11 time) the
construction of the project,
(Project)
for (Project Owner) hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the project construction such
that the construction was observed to be built within substantial compliance and intent of the
approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 10, 2004
Mr. John Galarde, President
Galarde & Company, Inc.
6800 Wrightsville Avenue
Wilmington, NC 28403
Subject: REQUEST FOR RECORDED DEED RESTRICTIONS
Upper Reach Extension
Storm' water Project No. SW8 030813
New Hanover County
Dear Mr. Galarde:
On October 3, 2003, the Wilmington Regional Office issued a Stormwater Management
Permit to you for Upper Reach Extension. Per the requirements of the permit, a copy of
the recorded deed restrictions must be forwarded within 30 days of the date of
recording. A review of our files indicates that, as of this date, a copy of the recorded
deed restrictions has not been received in this Office.
Failure to record and/or provide a copy of the recorded deed restrictions prior to selling
lots is a violation of your permit, and subject to enforcement action. Please forward a
copy of the recorded deed restrictions to this Office at the address below by September
10, 2004, or enforcement action may be initiated and may include recommendations for
civil penalties and revocation of the permit.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:1WQSISTORMWATIDEEDREST1030813.aug04
Cc: Tony Roberts, New Hanover County Inspections
Wilmington Regional Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extention Phone [phone] Customer 5ervicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405 FAX [phone] Internet h2o.enr.state.nc.us
1\orthCarolina
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DECLARATION OF COVENANTS
��� �Q
.CONDITIONS AND RESTRICTIONS FOR
UPPER REACH EXTENSION SUBDIVISION
. . S,) a hcn--
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
UPPER REACH EXTENSION SUBDIVISION (the "Declaration") made as of
this 8th day of September, 2004, by GALARDE & COMPANY, INC.
(hereinafter referred to as "Declarant").
W I T N E S S E T H:
WHEREAS, Declarant is the owner of that certain real property
comprising that residential subdivision known as, or to be known
as, Upper Peach extension, and as more particularly described on
Exhibit "A" attached hereto and incorporated herein by reference
(the "Property"); and
WHEREAS, Declarant desires to insure the attractiveness of the
Property and to preserve the values and amenities thereof; to
establish a general plan of dvvelcpment as herein set out; to
restrict the use and occupancy of the Property; and to provide for
a method for the maintenance, repair, replacement and operation of
the Common Area (as defined below).
NOW THEREFORE, Declarant hereby declares that the Lots (as
defined below) and other property comprising the Property shall be
held, transferred, sold, conveyed and occupied subject to the
covenants, conditions, restrictions and easements. set forth in' this
Declaration which are for the purpose of protecting the value and
desirability of the Property, and which shall run with the Property
and be binding on all parties owning any right, title, or interest
in the Property or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each Owner thereof.
Jforrvx� p4� ci Sac 15 FZEC�IVE
S E P 2 4- 2004
BY:

PRTICLE_I
PROPERTY SUBJECT -TO THIS DECLARATION
ADDITIONS THERETO
Section 1. Existing Property, The real property which is and
shall be held, transferred, sold, conveyed and occupied subject to
this Declaration, irrespective of whether there may be additions
thereto as hereinafter provided, is located in new Hanover County,
North Carolina, and is more particularly described on Exhibit "A"
attached and incorporated herein (the -Existing Property").
Section-2 - Additions to Existina Proya tv_. Additional property
adjacent to or adjoining the Existing Property may be brought
within the scheme of this Declaration Ad the jurisdiction of the
Association (as defined below) by Declarant without the consent of
the Association or its Members (as hereinafter defined); provided,
however, that said annexations, if any, dust occur within twenty
(20) years after the date of the filing of this Declaration.
Declarant shall not be obligated to subject any additional property
to this Declaration. Such additions shall be made by filing a
Supplementary Declaration of Covenants, Conditions and Restrictions
with respect to the additional property in the New Hanover County,
North Carolina, Public Registry, which shall extend the scheme of
this Declaration and the jurisdiction of the Association to such
properties and thereby subject such additions to the benefits,
agreements, restrictions and obligations At forth herein.
ARTICLE II
DEr INITIGNS
Section 1. "Association" means Upper Reach Extension OL,mers
Association, Inc., its successors and assigns.
Section 2. "Common Area" means any real property and 'property
rights owned by the Association for the common use and enjoyment of
the Owners and/or designated as "Common Area" on the Map of the
Property, together with all improvements and facilities installed
upon or used in connection with such real property and property
rights. The Common Area shall. include without limitations, the
Association's rights (if any) in and to the Private Streets, if
any, and access easements, parks and ponds.
Section 3. "Declarant" means GALARDE & COMPANY, INC., and any
successor thereof so designated as a Declarant hereunder, which
successor has purchased all remaining Lots not theretofore sold by
said Declarant (or any successor Declarant) to third party
2

purchasers. At any time, there shall be only one Declarant
hereunder. At anv time, and from time to time, Declarant may
relinquish any one or more of the rights granted to or reserved in
favor of Declarant in this Declaration by written instrument
recorded in the New Hanover County Public Registry, and from and.
after the recording of any such instrument, the Association shall
thereafter have the power to exercise such right and shall
thereafter be responsible for all obligations and liabilities with
respect to such right. At such time as Declarant becomes a "Class
A Member" of the Association as provided for in the By-laws of the
Association, or ceases to be a Member of the Association, whichever
shall earlier occur, all rights granted to or reserved in favor of
Declarant shall be deemed transferred to and exercisable by the
Association, and the Association shall from and after such time be
liable for all actions taken in the exercise of such rights, with
the exception of the right of architectural control provided for in
Article III of this Declaration, which shall be relinquished by
Declarant only in the manner and at the time set forth in such
Article.
Section a. "Lot" means any plot of land, with delineated bolandary
lines, shown upon the Map and any other subdivision map of the
Property recorded after the Map is recorded. In the event any Lot
is increased. or decreased in size by re --subdivisions or through
recordation of new subdivision plats, any such newly plotted lot
shall thereafter constitute a Lot for the purpose of this
Declaration.
Section 5. "Map" means that certain map of the Existing Property
as recorded in Map Book 45 at Page 296 in the New Hanover County,
North Carolina, Public Registry, and the maps) of anv additions to
the Existing Property which may beL recorded by Declarant in the New
Hanover County, North Carolina, Public Registry.
Section 6. "Member" means every person or entity who holds
membership in the Association.
Section 7. uMortgage" means any mortgage or deed of trust
constit.t2ting a recorded first lien on a Lot.
Section 9. "Mortgagee" means the owner and holder of- a mortgage at
the time such term is being applied.
Section 9. "poner" means the record o•vTner, whether one or more'
person or entity, of fee simple title to arri Lot which is a part of
the Property, including contract sellers and owners of any equity
or redemption, but excluding those having such interest in a Lot
solely as security for the performance of an obligation.

Section 1D. "Public Right of Way" means any streets and alleys
marked as such on any Map of. the Property and/or designated by
Declarant as Public Right of Way. The Public Right of way shall
include all paved portions of such streets, adjoining curbs and
gutters, irrigation systems, all storm drains, sanitary sewer
lines, and other utility facilities installed therein or
thereunder, all landscaped medians therein, and adjoining
landscaped areas within the full width of the rights -of -way of the
Public Right of Way as shown on any Map or as designated in writing
by Declarant.
Section 11. "Property" means the "Existing Property" described in
Article 1, Section I hereof, and any additions thereto, as are or
shall become subject to this Declaration and any Supplementary
Declaration under the provisions of Article I, Section 2 hereof.
ARTICLE III
ARCHITECTURAr. CONTROL,
Section 1. Duration of Control. Because Declarant may develop
areas adjoining the subdivision and bring same within the scheme of
this Declaration. Declarant shall retain the right of architectural
control as provided for in this Article III for twenty (20) years
from the date of filing of this Declaration even though the
Declarant at the time of any exercise of such conc.rol may own no
Lot. However, the Declarant may, at its sole option, surrender
such right of architectural control at any time by a duly recorded
written instrument, and, at such time, the Association shall have
the power through an additional duly recorded written instrument to
appoint. an architectural review board (the "Architectural Review
Board"), which Architectural Review Board, if so appointed, shall
have the right of architectural control as described i.n this
Article, and shall retain such right until said. Architectural
Review Board is terminated by a duly recorded written instrument
executed by the Association.
Section 2. Extent of Control. No building, garage, fence, wall,
sidewalk, hedge, mass planing, change in grade or slope, side
preparation, swimming pool, tree house, childern's play house,
sign, exterior illumination, monument or marker, driveway, utility
facility, mailbox, well, tennis court, patio, deck, shrubbery,
landscaping, or any other structure or improvement ("Improvements")
shall. be'commenced, erected or maintained upon any Lot nor shall
any exterior addition, change or alteration therein (including
change of color) be made without the prior written approval or
Declarant in its sole discretion. The areas over which Declarant
4

shall have control shall include, but shall not be limited to, the
size and plan of the principal residential structure, the location
of the principal residential structure on the Lot, the size and
plan of any attached or unattached garage or other building, the
location and manner of construction of any driveway, swimming pool,
utility facility, patio, mailbox, driveway and landscaping
monuments and markers or any other exterior imprcvements, the
composition and color of all material used on the exterior of any
structure and the location and type of any shrubbery. Declarant
shall also have control over the removal of any tree or other
vegetation from any Lot and no party shall grade, excavate upon or
otherwise alter the topography of any Lot or remove any tree or
other vegetation therefrom without obtaining the prior written
approval, of Declarant in accordance with its general plan of
development. The Declarant reserves the right to control
absolutely and solely and decide the precise site and location of
any house or dwelling or other structure upon all Lots, provided
however, that such locations shall be determined only after
reasonable opportunity is 'afforded the Lot Owner to recommend a
s-oecifi c site. -
Section 3. Procedure. Any party requiring approval of 'any
proposed .improvements to any Lot shall submit to Declarant plans
and specifications showing in such detail and manner as Declarant
shall require the nature shape, height, color, material and
location of any such improvements. Declarant, in its sole and
absolute discretion, may require in particular instances that such
plans and specifications be accompanied by a plat prepared. by , a
registered surveyor showing the location. of the proposed
Improvements on the Lot. All decisions by Declarant shall be based
on Declarant's discretionary determination as to whether any
particular .Improvement is suitable and harmonious with the
development of the Property. Declarant's approval or disapproval
of any proposed Improvement shall be in writing. In the event that
Declarant fails to approve or disapprove any such proposed
Improvement within thirty (30) days after plans and specifications
in such detail as Declarant may require have been received by it,
such plans and specifications shall be deemed approved. Subsequent
to the approval of any plans and specifications, the Owner shall
have the responsibility for making such Improvements in accordance
with the plans and specifications as -approved.. Approval by
Declarant of any proposed Improvements shall not constitute or be
construed as approval of the structural stability, design, or
quality of any lmprovement or the compliance of any such
.Improvement with applicable laws and codes. Refusal or approval of
plans, specifications or location may be based upon any grounds,
including purely aesthetic considerations, which in the opinion of
5

and the sole and uncontrolled discretion of Declarant shall be
deemed sufficient.
In the event any Owner violates the terms of this Section,
Declarant or its duly appointed agent shall, after thirty (30) days
written notice to Owner to cure such violation.and failure of Owner
to so cure, be entitled to enter upon the Lots) of Owner and cure
such defect including the removal of any Improvements built in
violation hereof, all at the cost and expense of Owner. Any costs
and expenses incurred by Declarant or such duly appointed agent in
connection with the cure of any such violation shall be a lien upon
such Lot(s), and upon the failure of such Owner. to reimburse
Declarant or such agent for such cots and expenses upon demand,
Declarant or such agent may enforce such lien against such Lots)
'in the same manner as is provided for enforcement of the
Association's lien for non-payment of assessments as provided for
in Article VII,. Section 8, hereinoelow. This right of the
Declarant or its agent shall be in addition to all other general
enforcement rights which the Declarant may have for a'breach or
violation of the terms of this Declaration and shall not be deemed
a trespass by Declarant or its agents. Declarant reserves the
right for reasonable needs, but shall not be obligated, to waive in
writing any violation of this provision.
ARTICLE IV
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
Section 1. Rules and Regulations. The Board of Directors of the
Association shall' have the power to formulate, amend, publish and
enforce, reasonable rules and regulations concerning the use and
enjoyment of the Common Areas. Such rules and regulations, along
with all policy resolutions and policy actions taken by the Board
of Directors, shall be recorded in a Book of Resolutions that shall
be maintained in a place convenient to the Owners and available to
them for inspection during normal business hours.
Section 2. Use of Lots. All lots and buildings shall be single-
family residential lots and shall be used for residential purposes.
The Developer may use one or more homes for offices and/or models
for sales purposes. The foregoing shall not be construed to limit
or prohibit offices within the home provided said offices are not
open to the public or,held out to be for public visitation, use or
convenience.
Section 3. Subdivision of Lots. No Lot shall be subdivided by
sale or otherwise so as to reduce the total Lot area shown on the
Man, except by and with the written consent of the Declarant and
G

provided same is also permitted under applicable governmental
regulations and private restrictions affecting said Lot. However,
Declarant hereby expressly reserves unto itself, its successors any:
assigns, the right to re -plat any two or more Lots shown on the
plat of any subdivision of the Property or Additional Property ir,
order to create one or more modified Lots; to further subdivide
tracts shown on any such, subdivision plat into two or more Lots; to
recombine one or more tracts or Lots or a tract and Lots to create
a larger tract; to eliminate from this Declaration Lots that are
not otherwise buildable or are needed for access, or for use as
private roads or access areas, and to- take such steps as are
reasonably necessary to make such re -platted Lots or tracts
suitable and fit as building sites or access areas or roadways,
said steps to include, but not limited to, the relocation of
easements, walkways, and rights of way to conform tc the new
boundaries of the said. re -platted Lots.
Section 4: Rich of First Refusal _ResDecLina Unimproved Lots.
Before any unimproved Lot may be sold or resold to any person, firm
or corporation by any Owner thereof except Declarant or its
successors, the Owner of such Lot first shall offer in writing to
sell the Lot to Declarant, at a price and on terms designated by
said Owner. it Declarant does not accept or reject in writing said
offer of sale wi thin, seven (7) days of its receipt of the same,
then the Owner of such Lot shall ave the right to,sell the Lot to
any third party; provided, however, the sale of said Lot to such
third party shall be at a price and on terms and conditions not
less favorable to said Owner than the offer made to Declarant, and
the closing of the sale of such Lot must occur within six (6)
months after the offer by Owner to sell the Lot to Declarant_ Any
sale of a Lot at a price or on terms and conditions less favorable
to said Owner than the offer made to Declarant, or which closes
more than six (6) months after the offer made by such Owner to
Declarant, will require separate compliance with the foregoing
provisions of this Article IV, Section 4.
Section 5. Reserved Utility Easen its. In addition to the
easements reserved on the Map, the Declarant reserves for itself,
and its successors and assigns, a permanent easement in and the
right a! any time in the future to grant a permanent right of way
over, under and along an area uniformly ten (10) feet in width
along the front lanes of each Lot for the installation and
maintenance of poles, lines, conduits, pipes and other equipment
necessary or useful for furnishing electrical power, gas, water,
sewer, telephcne service and other utilities and drainage
facilities. With_n such areas no structures, plantings, fences or
other material shall be placed or permitted to remain which may
damage or interfere with the installation or maintenance of
7

utilities or which may obstruct or retard the.f low of water through
drainage channels in such areas. The area of each Lot containing
the easement and all improvements thereon shall be maintained
continuously by the Owner. of -the Lot except for those improverr:ents
for. which a public Authority or utility company is responsible.
Section_ 6. Reserved Drainace Easements. In addition to the
easement reserved on the Map, the Declarant reserves for itself,
and its successors and assigns, a permanent easement in and the
right at any time in the future to grant a permanent fight of way
over, under and along an area uniformly twenty(20) feet in width
along the rear lines of each Lot; and twenty (20) feet in width
centered along the dividing line between Lots 2 and 3(being ten
(10) feet in width along each said side Lot lines); as well as the
ponds and within the Progress Energy Easements for the installation
and maintenance of conduits, pipes and other equipment necessary or
useful for furnishing drainage facilities. Within such areas no
structure, plantings, fences or other material shall be placed or
permitted to remain which may damage or interfere with the
installation or maintenance of said drainage facilities or which
may obstruct or retard the flow of water through drainage channels
in such areas. The area of each Lori containing the drainage
easement and all improvements thereon shall be maintained
continuously by the Owner of the Lot except for those improvements
for which a public Authority or utility company is responsible.
Section 7. Easements -Reserved for the Association. The
Association is hereby granted an easement for the installation and
maintenance on: all of the Common Areas.
Section 8. Exterior Lights. All light bulbs or other lights
installed in any fixture located on the exterior of any building or
on any Lot shall be clear, white or non -frost lights or bulbs, and
shall be low level. (not fluorescent, necn, etc.). No street lights
or other high intensity lights are permitted.
Section 9. Electrical Power. The Declarant reserves the right, at
its option, to subject the Property, or any portion thereof, to a
contract with Progress Energy Corporation which may require a
continuing monthly payment to Progress Energy Corportion by the
Association.
Section 10. Aonroval of Plans. Front, rear and side elevations,
together with specifications on the exterior siding, square
footage, windoos, doors, roofing and exterior colors must first be
submitted to Declarant. .for review and approval prior to the
beginning of a-iy construction, to include site work. All buildings
must be stick built and have a crawl space or raised slab of a
8

minimum of eighteen (18) inches. Mobile homes, modular homes and
any other structure that is not stick built on the Lot are
absolutely prohibited.
Section 11. Minimum mouse Size. A house shall contain not less
than 1,600 scuare feet of^heated living area. However, it is
expressly understood and agreed that Declarant, in its sole
discretion, may approve a 10 percent variance.
Section 12. 3uilding Placement. Since the establishment of
inflexible building setback lines for location of houses on lots
tends to force construction of houses directly to the side of other
homes, with detrimental effects on privacy, view, preservation of
important trees and other vegetation, ecological and related
considerations, the site and location of any house or dwelling or
other structure upon any lot shall be controlled by and midst be
approved absolutely by the Declarant. Notwithstanding the
Foregoing, the minimum front setback of any dwelling shall be
fifteen (15) feet; the minimum side setback between dwellings shall
be ten (10) feet, and the rear setback shall be thirty five (35)
feet. Detached garages or out buildings shall have a minimum front
setback of seventy five (73)'feet and a side setback of twenty (20)
reet.
Section 13. Building-Completion.The exterior of all houses and
other structures must be completed within twelve (12) months after
the construction of sane shall have commenced, except where such
.completion is imtaossible .or would result in great hardship to the
Owner of builder, due to strikes, tires, national emergency or
natural calamities.
Section 14. Numher of Doellinas and Height. No structure shall be
erected, altered, placed or permitted to remain on army Lot, except
one single-family dwelling not to exceed two -and -a -half stories in
height, unless the Declarant or its successor, as the case may be,
approves in writing a structure of, more t:nan two -and -a -half
stories, and one or more small accessory buildings which may
include a detached private garage or guest facilities.
Section 15. Limitations on Impervious Surfaces_ All Lots are
subject to the ~,state of North Carolina rules and regulations
concerning stoiFmwater runoff_ as those rules and regulations are
amended from time to time. The following covenants are intended to
ensure ongoing compliance with state stormwater management permit
number SW8030813.as issued by the Division of -Water Quality. These
covenants may not be changed or deleted without the consent_ of the
State. No more than 4,000 scTiare feet of any lot shall be covered
by structures or impervious materials. Impervious materials
J

include asphalt, gravel, concrete, brick, stone, slate or similar
material but do not include wood decking or the water surface of
swimming pools. Swales shall not be filled in, piped, or altered
except as necessary to provide driveway crossings. Built -upon area
in excess' of . the permuted amount requires a state stormwater
management permit modification prior to construction. All
permitted runoff .from outparcels or future development shall be
directed into the permitted stormwater control system. These
connections to the stormwater control system shall be performed in
a manner that maintains the integrity and performance of the system
as permitted. Declarant reserves the right to recalculate the
maximum allowable built -upon area in accordance with the stormwater
runoff rules and regulations of the.. State of North Carolina with
the approval of State of North Carolina, Division of Water Quality.
For curb and gutter projects, no one may pipe, fill in, or alter
any lot line swale used to meet. North Carolina Stormmwater
Management Permit requirements. The State of North Carolina is
hereby made a beneficiary A this Declaration to the extent
necessary to maintain compliance with the stormwater management
permit.. These covenants are to run with the land and be binding on
all persons and parties claiming under them. The covenant
pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina,
Division of Water Quality. Alteration of the drainage as shown on
the approved plan may not take place without the concurrence of the
Division of Water Quality. The foregoing covenants are intended to
ensure ongoing compliance with State Sormwater Manage<ent Permit
issued by the Division of Water Quality..
Section 16. Outbuildings Inj Similar Structures_ No trailer,
camper or other structure of a temporary nature shall be erected or
allowed to remain upon any Lot and no _railer, ca-.Tper, snack, tent,
garage, barn, or other structure of a similar nature 'shall be used
as a residence either temporarily or permanently upon any Lot;
provided, however, that this Section shall not be construed to
prevent the Declarant from permitting any party building a
structure upon any lot to erect temporary structures during
construction.
Section 17_ Nuisances and Unsightly Materials. No noxious,
offensive, or illegal activity .shall be carried on upon any Lot,
nor shall anything be done thereon which may be or become an
annoyance to the neighborhood. No person may keep any animal upon
any part of the Lot except that any Owner then occupying a
residence upon a Lot may keep customary household pets upon such
Lot provided that such pets are not kept, bred or maintained for
any commercial purposes or in such a manner as to become a nuisance
to the other Owners or residents of the subdivision and provided
us

that such pets are Kept in -accordance with county ordinances and
leash laws. No domesticated farm animal or fowl shall be kept on
any part of the Property. No hunting for any bird or animal shall
be permitted on any part of the Property.
All service utilities, fuel tanks and wood piles are to be enclosed
within a wall or plant screen of a type and size approved by the
Declarant or its successor, so as to preclude the same from causing
an unsightly view from any street or way within the Property or
from any other residence within the Property. No fences shall be
placed or permitted to remain on any lot without approval of the
Declarant.
Section 18. Maintenance of Lots. Each Owner shall keep his Lot in
an orderly condition and shall keep the, Improvements thereon in a
first class and suitable state of repair promptly repairing any
damage thereto by fire & other casualty. 'It shall be the
responsibility of each Lot owner to maintain the berm, if any,
Located on the Lot. No clotheslines may be erected or maintained
on any Lot. No Lot shall be used in whole or in part for storage
of rubbish of any character whatsoever or for the storage of any
property or thing that will cause any noise that will disturb the
peace and quiet of the occupants of surrounding Lots, and no trash,
rubbish, stored materials, wrecked or inoperable vehicles or
similar unsightly items shall be allowed to remain on any Lot
outside ari enclosed structure; provided, however, that the
foregoing shall not be construed to prohibit temporary deposits of
trash, rubbish or other debris for collection by governmental or
other similar garbage and trash removal units. each Owner shall
provide' suitable receptacles for trash, rubbish, garbage or ashes,
and such receptacles shall be located in a screened area not
generally visible from the road,, the adjoining Lots or from Common
Areas. in the event that any owner fails or refuses to comply with
any of the foregoing, the Declarant may demand that :he Owner
promptly comply with the same by mailing a notice thereof to the
Owner at his address specified in the records of the Association
and by posting such notice on the. Lot. If the Owner has not
complied therewith within five (5) days thereafter, the Declarant
may enter and correct the same at Owner's expense. Each Owner by
acquiring a Lot(s) subject to these restrictions, agrees to pay
such cost promptly upon demand by Declarant. Such cost -shall -be a
lien upon such Owner's Lot(s), and upon the failure of such=Owner
to pay such cost to Declarant upon demand, Declarant may enforce
such lien against such Lot(s) in the same manner as is provided for
enforcement of the Association's lien for nen-payment of
assessments as provided for in Article VII Section C herein below.
No such entry as provided herein shall be deemed a trespass_
lI

Section 19. Preservation of Trees Natural Buffer. All
landscaping, tree cutting an site preparation work to be performed
shall be approved by the Declarant prior to any such landscaping,
tree cutting and site preparation work being done. Plans must be
submitted for approval to the Declarant and. shall include a site
plan with lot lines, building outlines, driveways and parking
areas. Identification of trees for which removal is.reauested is
required. Specifically, ha-rdwoods with a caliper of 5 inches or
more may.not be cut or removed without the epxress written consent
of the Declarant.
Section 20. Mailboxes. Each lot shall have only one (1) mailbox
and one (1) paper box which shall be mounted on a single post, all
such boxes must be approved by Declarant. Such boxes may by
provided by the Declarant or building contractor. Any such boxes
shall be considered an improvement and must remain with the Lot,
and shall be maintained by the Association. 3oxes damaged beyond
repair shall be replaced by the Association at the -expense of the
Owner of the Lot.
Section_ 21. Signboards. No signboard, billboard, or advertising
Sign of any description shall be displayed upon or above any Lot by
an Owner, any building contractor or other party with the exception
of the following signs, none of which may be affixed to a tree:
Signs stating ,.For Rent" or "For Sale" ,ahi ch signs shall
not exceed two feet by three feet in dimension, shall
refer only to the Lot on which displayed and shall be
limited to one sign per Lot, and
Signs stating the name of the resident of any Lot and the
street address, the design cf which shall be furnished to
Declarant and shall be subject to approval by Declarant.
During the period of construction, the general
contractor's sign, but no subcontractor's sign, shall be
allowed.,
Section 22. Antennae. No satellite dashes or similar'structure
greater .than eighteen (18) inches in diameternor any radio or
television aerial antenna or any other external electronic
equipment oz- devises may be installed.or maintained on any exterior
portion of any structure erected on a Lot or elsewhere upon any Lot
or wiehin the Property without the prior written approval of
Declarant.
Section-- 23 . Common Area Alterations. No person shall undertake,
cause, or allow any alteration or construction in or upon any
12

portion of the Common Areas except at the direction or with the
express written consent of the Association.
Section 24. Lease -of Homes. No dwelling unit.on any Lot shall be
leased for transient or hotel purposes, nor may any Owner lease
less than the entire dwelling unit, nor shall any lease be for any
period of less than six (6) months. Any lease must be in writing
and Drovide that the terms of thy: lease and occupancy of this
dwelling shall be subject in all respects to the provisions of the
Declaration, the By -Laws and Rules and Regulations of the
Association and that any failure of any lessee to comply with the
terms of such documents shall constitute a default under the lease.
Section 25. Parking Rights and Restr-ctions. Adequate off-street
pazking shall be provided by the Owner or each Lot for automobiles
and other vehicles owned and controlled by such Owner, members of
the Owner's family or guests and invitees of the Owner.
Section 26. Driveways. All driveways shall be constructed of
concrete or other material as may be approved by Declarant.
ARTICLE V
THE ASSOC?ATION
Section 1. Association Membership. Every Owner of a Lot shall be
a member of the Association which Declarant may organize .at a time
of its choosing. Membership shall be appurtenant to and may not be
separated from ownership of any Lot. When more than one person
holds an interest in any Jot, all such persons shall be Members.
The vote for such Lot shall be exercised as they among themselves
determine, but in no event shall more than one (1) vote be cast
with respect to anvrLot.
Section 2. Availability of Documents. The Association shall
maintain current copies -of the Declaration, the By -Laws and other
rules and regulations concerning the Property as well as. -its own
books, records, and financial statements, available for inspection
by all Owners, mortgagees, and insurers and guarantors of
Mortgages, upon reasonable notice and during normal business hours.
In addition, any Mortgagee may, at its own expense, have an audited
statement prepared with respect to the finances of the Association.
ARTICLE VI
CO12�0N AREA
13

PROPERTY RIGHTS AND OBLIGATIONS
Section 1. Owner's. Easements of Enjoyment. Every Owner shall have
a right of enjoyment and easement in and to all Common Areas, which
right and easement shall be appurtenant to and shall pass with the
title to every Lot, subject to and in accordance with the terms and
provisions of this Declaration, .including without limitation the
following provisions:
a. The right of the Association to suspend the voting rights
and enjoyment rights of an Owner for any period during which anv
assessment against his Lot remains unpaid; and for a period not to
exceed sixty (00) days for any infraction of its published rules
and regulations.
b. The right of the Association to dedicate or transfer all
or any part -of the Common Area to any public agency, authority, or
utility for such purposes and subject to such conditions as may be
agreed to by the Members. No such dedication or transfer shall be
effective unless the members entitled to at least a majority of the
votes appurtenant to all Lots agree'to such dedication or transfer
and signify their agreement by a signed and recorded written
document, provided that this subsection shall not preclude the
Board of Directors of the Association from granting easements for
the installation and maintenance of sewerage, utilities and
drainage -facilities upon, over, under and across the Common Area
without the assent of the membership when such easements, in the
opinion of said Board, are requisite for the convenient use and
enjoyment of the property.
C. The right of the Association, with the assent of Members
entitled to at least two-thirds (2/3) of the votes appurtenant to
all Lots, to mortgage, pledge, deed in trust, or otherwise
hypothecate any or all of its real or personal property as security
for money borrowed or debts incurred.
Section 2. Delecazion of use.
a. Family_ The right and easement of enjoyment granted to
every Owner in Section I of this Article may be exercised by any
members_ of the Owmer.' s family who occupy the residence of the Owner
within the Property as their principal residence in new Hanover
County, North Carolina.
b. Tenants or Cohtract Purchasers. The right and easement
of enjoyment granted to every Owner in Section 1 of this Article
may be delegated by the owner to his tenants or contract purchasers
14

who occupy - a residence within the Property as their principal
residence .in new Hanover County, North Carolina.
Section 3. Maintenances Responsibility Qf Association. The
Association stall have the responsibility of maintaining in good
condition all Common Areas, including the entrance to Upper Reach
Extension, plantings and shrubbery, amenities, or other facilities
or improvements constructed thereon, and shall pay all costs of
operation thereof, including premiums associated with general
liability insurance insuring the Association from liability arising
from ownership and operation thereof which the Board of Directors
may elect to purchase. Further the Association shall be
responsible for adopting rules and regulations governing
utilization of all Common Areas. The Association shall be
obligated to accept ownership of all Common Areas designated on the
Map or any other Property that by Supplementary Declaration is made
subject to this Declaration. To the extent necessary, the
Association may employ personnel necessary to perform its
obligations.
The specific maintenance and upkeep obligations of the Association
with respect to Lots include maintenance of mailboxes and paper
boxes. Boxes damaged beyond repair shall be replaced by the
Association at the expense of the Owner of the Lot.
The Association shall have no obligation to maintain the exterior
of any building, or any other improvements on any Lot. The owner
of each Lot shall have an affirmative obligation toomaintain the
Lot and the exterior appearance of all buildings, structures, and
improvements as provided in Article IV, Section.13, hereof.
Section 4. Private Riabtt_o.f Way. As is indicated hereinabove, the
Private Right of Way shall be part of the common Area until same is
accepted as a.Public Right -of --Way by the State of North Carolina.
The Private Right of Way have been initially constructed by
Declarant and are intended for the use and benefit of all Ovmers,
their guests, employees, tenants and invitees for the purpose of
ingress, egress and regress from portions of -the Property to public
streets by vehicle or otherwise. Neither the inclusion of the
Private Right of Way on the Map nor the dedication of the Private
Right of Way for the use and benefit of the Owners shall be
construed to be an offer to dedicate the Private Right of way for
public use. The Association shall, at its own expense, operate,
repair, r,-,aintain, and reconstruct' the Private Right of Way,
including all paved portions thereof, all curb and gutter, all
irrigation systems, and all storm drains, sanitary sewer lines, and
other utility facilities installed therein or thereunder, all
street signs and related improvements, and all landscaped medians
15

therein until same are dedicated for public use. The Association
shall have the right to establish rules and regulations governing
the use of the Private Streets, including establishing speed limits
thereon. Notwithstanding the foregoing, it shall be the owner's
responsibility to maintain that portion of the private Right of o,ay
between the front boundary of the Lot and the paved street portion
of the Private Right of Way.
ARTICLE VIZ
COVENANT FOR ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of
Assessments. Every Owner or any Lou by acceptance of a deed
therefore, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association: (1) general
assessments or charges and (2) special assessments for capital
improvements, such assessments to be established and collected as
hereinafter provided. Any such assessment or charge, together with
interest, costs and reasonable attorney fees, shall be a charge on
the land and shall be a continuing lien upon the property against
Which each such assessment is made. Each such assessment, together
with interest, costs and reasonable attorney fees, shall also be
the personal or corporate obligation of the person(s), firm (s), or
corporation(s) owning such Lot at the time when the assessment fell
due, but such personal obligation shall not be imposed upon such
Dwner's successors in title unless expressly assumed by them.
The Declarant is not required to pay general or special assessments
to the Association for unsold lots, and nothing in this Article
shall be construed to require such payments.
Section 2. Purpose of Assessments. The assessments levied by the
Association shall be used exclusively to promote the health, safety
and welfare of the residents of the Property and in particular for
the operation and maintenance of the Common Areas. The assessments
,shall also be used for the acquisition, improvement and maintenance
of properties, services, utilities and facilities related to the
use and enjoyment of the Property, the Lots and in particular, the
Corrmon Areas, including, but not limited to: the cost of all
repair, replacement and additions thereto; the cost of operating
and maintaining the Private Streets; the cost of labor, including
the cost for providing a guard for the guardhouse it a guardhouse
is built by or for the Association as a capital improvement with a
special assessment as provided in Section 4 hereof; equipment,
materials, management and supervision thereof; the payment of taxes
assessed against the Common Areas; the procurement and maintenance
of insurance as permitted or required under the terms of this
16

Declaration or the By -Laws, including without limitation casualty
insurance on the Common Area, or any portion thereof, general
liability insurance with respect to the property, and directors,
and officers' liability insurance for the directors and officers of
the Association, any or all of which coverages the Association is
hereby expressly authorized to obtain and maintain in such amounts
as the Board of Directors shall deem prudent and'reasonable; the
employment of attorneys to represent the Association ;,Then
necessary; payments of principal and interest on funds borrowed for
Association purposes; and such other needs as may arise.
Section 3. initial General, Assessment. The initial general
assessment, due and payable to the Association, shall be prorated
and paid at the time of closing of the purchase of a Loi by an
Owner, so that all payments thereafter shall be due on Jdnuary 1 of
each year or the due date (s) which may be set by the Board of
Directors as is more fully set forth in Section 7 of this Article.
All general assessments shall be fixed at a uniform rate for all
Lots.
Section 4. Sneczal .Assessments for. Capital _I=rovemerits. In
addition to the annual assessments . authorized above, the
Association may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying, in whole
or in part, the cost -of any construction, repair, or replacement of
any common amenities, private utility facilities, or capital
improvements, repayment of indebtedness or interest thereon,
borrowing of funds to make property.comply with zoning ordinances,
borrowing of money for capital improvement or pledging or
mortgaging of Association! property as security for loans, including
fixtures and personal property related thereto, provided that any
such assessment shall be approved by no less than a majority of the
votes of the Members of the Association. All special assessments
shall be fixed at a uniform rate for all Lots.
Section 5. Working Capital Assessment. At the time title is
conveyed to an Owner by Declarant., the Owner shall contribute to
the Association as a working capital reserve an amount equal to
$300.00. Such funds shall be used for initial operating and
capital expenses of the Association, such as prepaid insurance,
supplies, and furnishings, fixtures and equipment for the common
areas, etc. Amounts paid into the working capital fund are not to
be considered as advance payment of general assessments_ Any
remaining working capital funds shall become part of the general
operating funds of the Association.
Section J. Notice and Ouornm for Anv Action Authorized Undor.
Section 4. Written notice of any meeting called for the purpose of
17

taking any action authorized under Section,4 hereof shall be sent
Lc all Members, not less than thirty (30) days nor more than sixty
( 50 ) days in advance of the :eet i ng . At the first such meeting
called, the presence of Members owning one-half (f) of the Lots, or
of persons holding proxies entitled to cast one --half (�) of all the
vets appurtenant to all Lots, shall constitute a quorum. If the
required quorum is not present, subsequent meetings may be called
subject to the same notice requirement, until the required quorum
is present. No such subsequent meeting shall be held more than,
sixty (60) days following the preceding meeting.
'Section 7. Date of Commencement of_Gen_eral Assessmerts_and Due
Dates. .The general assessments provided for herein shall co:—=,ence
as to. each Lot on the date of conveyance of each Lot to an Owner
other than Declarant. Each Lot owned by Declarant shall be exempt
frogany assessment unless a residence is constructed thereon, in
which case an assessment shall be due from and after the date of
issuance of a certificate of occupancy for such residence. The
first general assessment shall be adjusted according to the number
of months remaining in the calendar year. The Board of Directors
shall fix the amount of the general assessment against each Lot, at
least thirty (30) days in advance of each general assessment
period. Written notice of the general assessment shall be sent to
every Owner. The due dates shall be established by the Board of
Directors. The Board of Directors shall require the general
assessments to be paid at least annually but may require the
general assessments to be paid more often. The Association shall,
upon demand, and for a reasonable charge, furnish a -certificate
signed by an officer of the Association setting forth whether the
assessments on a specified Lot have been paid.
Section 8. . Effect of Nonoavment of Assessments- Remedies of the
Association. Any assessment not paid within thirty (30) days after
the due date shall bear interest from the due date at the highest
rate allowed by law. The -Association may bring an action at law
against the Owner personally obl=gated to pay the same or foreclose
the lien against such Owner's Lot in the same manner as is provided
in the North Carolina General Statutes' for foreclosure of mortgages
under power of sale, and reasonable attorney 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 assessments
provided for herein by non-use of the Common Area of abandonment of
his Lot.
Segtion ?. Subordination_of. the Lien to 14ortcages. The liens
orovided for herein shall be subordinate to the lien of any
Mortgage. Sale or. transfer of any Lot shall not affect any
assessment .Lien. However, the sale or transfer of any Lot the is
18

subject to any Iflortgage pursuant to a foreclosure thereof: or any
proceeding in lieu. of foreclosure thereof, shall extinguish the
lien of such assessments as to the payment thereof which became due
prior to such sale or transfer_ No such sale or transfer shall
relieve such Lot from liability for any assessments thereafter
becoming due or from the lien thereof, but the liens brovided for
herein shall continue to be subordinate to the lien of any
Mortgage.
Section 10. Exemnt Pronertv. Each Lot owned by Declarant shall be
exempt from any assessment unless a residence is constructed
thereon. All property dedicated to, and accepted by, a local
public authority and all properties owned by a charitable or non-
profit organization exempt from taxation by the laws of the State
of North Carolina shall be exempt from the assessments created
herein. However, no land or improvements devoted to dwelling use
shall be exemot from said assessments.
ARTICLE VIII
aer.eralL Proviszons
Section 1. Enforcement. The Declarant,'the Association, or any
Owner shall have the right to enforce by any proceeding at law or
equity all conditions, covenants; and restrictions now or hereafter
imposed by the provisions of this Declaration. Failure by such
party to enforce any such covenant, condition or restriction herein
contained shall in no event be deemed a waiver of -the right to do
so thereafter.
Section 2. Severability. Invalidation of any one of the
covenants, conditions or restrictions of this Declaration by
judgment cr court order shall in no way affect any of the other
provisions not expressly held to be void. And such remaining
provisions shall remain in full force and effect.
Section 3. Amendment. The covenants, conditions and restrictions
of this Declaration shall run with the land and bind the owners of
Lots for a period of twenty (20) years from the date this
Declaration is recorded, after which time such covenants,
conditions and restrictions shall be automatically extended for
successive periods of ten (10) years unless terminated or altered
by a vote of seventy percent (70%) of the owners after the
expiration of said twenty (20) year period. This Declaration may
be amended during the first, twenty (20) year period by an
instrument signed by the Declarant and the' Owners of not less than
seventy percent (70%) of .,the Lots, thereafter by an instrument
signed by the Owners of not less than seventy percent (70%) of the
19

Lots. Any amendment must be properly recorded. For the purpose of
this Section, an addition to the txisti.'ng Property as provided in
Article I, Section 2 hereof shall not constitute "amendment".
Seddon 4. Additional Proo2rty. in the future,' the Declarant may
cr may not develop additional property in the vicinity of the
Property. In such event the Declarant may, in its sole and
absolute discretion, either annex such additional property to the
Property by recorded instrument, as hereinabove described, in which
case each lot within the annexed area shall be considered a Lot
hereunder, or Declarant may separately impose the same, additional,
or lesser restrictions on such additional property or may impose no
restrictions whatsoever on the developmQnt of such additional
property. Nothing herein contained shall be construed to impose
any restrictions on or easements in any land or'prcperty now or
hereafter owned by the Declarant, other than the Property.
Section 5. Waiver of Unintentional Violations_ Declarant reserves
the right, but shall not be obligated, to waive in writing any
violation of the designated and approved building location line or
eitYier side Lot line, provided that such violation does not
exceeded ten percent (100'of the applicable requirements and the
violation thereof was tunintentional..
IN WITNESS WHEREOF, the Declarant has caused this instrument
to be executed and sealed as of the day and year first above
written_
Galarde & Company, Inc.
r��,a
Joh_ Gal de, President G4Sp0QZ,
SEEAL
-C•
20

STATE OF NORTH CAROLZI\Lk
COUNTY OF NEW HANOV R
1, Alan M. Solana,.a Notary Public of the aforesaid Cc-nty ant
State, do hereby certify that John Galarde, personally appeared
before me this day and acknowledged that he is President of Galarde
& Company, znc., a North Carolina corporation_, and that he, as
President, being authorized to do so, executed the foregoing on
behalf of the corporation
witness my :nand and notarial seal, this the 8th day of
September, 2004.
ttlllff![!t/��f!
v any Public \��.�1%�kOTAP;.....0/_�fii
My Commission Expires: May 30, 2003 *.� ® ®
s
(AFFIX SEAL)
21

EXHIBIT "A''
To arrive at the true point of beginning co,-nmence at tre
intersection of the centerline -of Upper Reach Drive (50 foot right-
of-way) with the centerline of Mackenzie drive (60 foot right-of-
way) as shown on a map of "Revised map of Survey of Phase 1, Uppe=
Reach" recorded in Map Book 31 at Page 241 of the New Hanover
County Registry. Said point being on a curve having a radius of
310.00 feet. Go thence along the centerline of said Upper Reach
Drive, to a point at -the northerly end of said curve that is North
39 degrees 13 minutes 22 seconds West a chord distance of 112.39
feet from the preceding point. Go thence North 49 degrees 39
minutes 37 seconds West 254.29 feet, along the centerline of said
Upper Reach DTivev to a point on the northerly end of the right-of-
way of said Upper Peach Drive, as shown on said map recorded in Map
Book 31 at Page 241 of said Registry,'T?3E TRUE POINT OF BEGINNING.
Running thence from said beginning point:
1. South 58 degrees 35 minutes 19 seconds west 186.68 feet, along
the northerly right-of-way line of Upper Reach Drive and along
the northerly line of Lot 1, of said Upper Reach, as shown on
said recorded map to a point on the easterly right--of-way line
of Beasley Road (60 foot right -of -way); thence
2. North 19 degrees 04 minutes 57 seconds West 153.61 feet, along
the easterly right-of-way line of said Beasley road to, a point
on the southerly end of a curve having a radius of 294.69
.feet; thence
3. With the arc of last said curve and with the easterly- right-
of-way line of said Beasley Road, as it curves to the East to
a point at the northerly end of said curve that is North 01
degrees 29 minutes 15 seconds East a chord distance of 277.37
feet, from the preceding point. Last said point being on the
southerly end of a curve having a radius of 526.17 feet;
thence
^. With the arc of last said curve and with the easterly right-
of-way line of said Beasley Road, as it continues curving to
the East, to a point that is North 27 degrees 41 minutes 28
seconds East a chord distance of 105.14 feet, from the
preceding point Last said point being at the westernmost
corner of Beasley Village, as shown on a map recorded in Map
Book 41 at page 93 of said Registry; thence
5. South 49 degrees 26 minutes 12 seconds East 459.50 feet along
the southerly line of said -Beasley village, and beyond to a
point at the northernmost corner of Lot 47, of said. Upper
22

Reach, as shown on said map recorded in Map Book 31 at page
241; thence
V South 58 degrees 35 minutes 19 seconds West 229.18 feet, along
the northerly line of said Lot 47, and along the northerly
right-cf-way line of said Upper Reach Drive, to the poin, of
beginning.
Subject however to a right-of-way easement to Carolina Power
& Light Company, 45 feet in width which i.s adjacent to the
southerly line of the above described tract and subject to easement
of record.
The same being that tract shown as "Future Development" on said reap
of Upper Reach, recorded in Map Book 31 at Page 241 of the New
Hanover County Registry.
23

By -LAWS
OF
UPPER REACH EXTENSION Ova ERS ASSOCIATION, INC.
ARTICLE I
General
A. Principal Office: The principal office of UPPER REACH
EXTENSION OWNERS ASSOCIATION, INC. shall be located at 6800
Wrightsville Avenue, Suite 12, Wilmington, Forth Carolina 28403.
B. Reoistered Office: The registered office of the
association,. which by law is required to be maintained in the State
of North Carolina, shall be located at 6600 ��Trightsville Avenue,
Suite 12, Wilmington, North Carolina 2B403, or at such other place
within the .State of North Carolina as may, from time to time, be
fixed and determined by the Board of Directors.
C. Other Offices: The association may have offices at such
other places, either within or outside t_ne State of North Carolina,
as the Board of Directors may from time to time determine-
D. Definitions: As used herein, the term "Association" is as
defined in the Declaration of Covenants, Conditions and
Restrictions for Castle Oaks Subdivision (hereafter "Declaration of
Restrictions"), recorded in the New Hanover County Registry; all
definitions set forth in that ,Declaration, to which these By --Laws
are attached, shall be applicable herein, unless otherwise defined_
As used in these By -Laws, "common areas and facilities" shall
include the portion of the Property owned, in undivided interest,
by all the Oumers, as set forth in the Declaration of Restrictions
and map of -the proiject referred to herein below, and any and all

real property, together with improvements, fixtures and
appurtenances thereto, all fixtures and personal property, all
rights and' privileges, and such other possessory or use interests
in land or facilities owned by or available for use by the
Association.
ARTICLE II
Members
A. General: The membership shall.mean and refer to every
person or entity who is an owner of a lot in upper Reach Extension
Subdivision as shown on Map recorded in Map Book , at Page
of the New Hanover County Registry, as defined in the Declaration
of Restrictions recorded in the Office of the Register of Deeds of
New Hanover County North Carolina, and membership in the
Association shall be limited to the owners of those lots.
B. Class: There shall be only one class of members. The
voting rights of the members shall be as set forth in Article III
of these By --Laws:
C . Transfer_ of Membershij2 and Ownership: Membership in the
Association may be transferred only as an incident to the transfer
of the transferor's lot, and such transfer shall be subject to the
procedures set forth in the Declaration of Restrictions.
ARTICLE III
Meetina of Members
A. First Annual_ Meeting: The First annual meeting of the
members shall. not take place until the earlier of (1) the transfer
by Declarant. of all lots, or (2) notice by Declarant of the annual
meeting, or (3) the last Saturday in June, 2006.
B. Annual Meeting: The annual meeting of the members
subsequent to the first annual meeting shall be held cn the first
Saturday in June of each year at 9:30 a.m. for the purpose of
transacting business as may be necessary or appropriate a_t the
principal office of the Association. If the date of the annual
meeting is a legal holiday, the meeting shall be held at the same
hour on the first day following which is not a legal holiday-
C. Substitute Annual Meeting: If the annual meeting shall
not be held on the day designated by these By -Laws, a substitute
annual meeting may be called in the manner provided for in the call
of the special meeting in accordance with the provisions of Section
D of this Article III and substitute meetings so called shall be

designated as and shall be treated, for all purposes, as the annual
meeting.
D. S-oecial„Meetings:'Special meeting of the members may be
called at any time by the President or by a majority of the Board
of Directors-
E. Place of Meetings: All meetings of members shall be held
It the principal office of the Association except that a meeting
may be held at a place, within or outside the State of North
Carolina, as may be designated in a duly executed waiver of notice
of such meeting or as may be otherwise agreed upon in advance by a
majority of the members entitled to vote at such a meeting.
F. Notice of Meetings: Written or printed notice stating the
time and place of the meeting shall be delivered no less than
fourteen nor more than thirty days before the date of any members'
meeting, either personally or by mail, by or at the direction of
the President, the Secretary, or the officers or persons calling
the meeting, to each member entitled to vote at such meeting;
provided that such notice must be given not less than twenty days
before the date of any meeting at which a merger or consolidation
is to be considered. if mailed, such notice shall be deemed to be
delivered when deposited in the United States Mail, addressed to
the member at his address as it appears on the record of ziiembers of
the Association, with postage thereon prepaid.
in the case of a special meeting,' the notice of meeting shall
specifically state the purpose or purposes for which the meeting is
called; but, in the case_ of an annual or substitute annual meeting,
the notice of meeting need not specifically state the subject
matter of the business to be conducted.
When a meeting is adjourned for thirty days or more, notice of
the adjourned meeting shall be given as in the case of an original
meeting. Wen a meeting is adjourned for less than thirty days in
any one adjournment, it is not necessary to give any notice of the
adjourned meeting other than by announcement at the meeting at
which the adjournment is taken.
G. Voting Lists: At lease ten days before each meeting of
the members the Secretary of the Association shall prepare an
alphabetical list of the members entitled to vote at such meeting,
with the. address of each member, which list shall be kept on file
at the registered office of the Association for a period of ten
days prior to such meeting, and shall be subject to inspection by
any member. The aforementioned list shall also be produced and
3

-kept gpen at the time and place of the meeting and shall be subject
to inspection by any member during the whole time of the meeting.
H. uorum: Except as otherwise provided by statute, of by
the Charter of the Corporation, or Ly these Eby -Laws the presence in
person or by proxy of a majority of the members entitled to vote at
the meeting shall be necessary to constitute a quorum for the
transaction of business. In the absence of a quorum, a majority in
interest of the members entitled to vote, present in person or by
proxy, may adjourn the meeting from time to time. At any such
adjourned meeting, at which a quorum shall be present, any business
may be transacted which might have been transacted at the meeting
an originally called if a quorum had been there present. The
members present in person or by proxy at a meeting at which a
quorum is present may continue to do business until adjournment,
notwithstanding the withdrawal of enough members to leave less than
a quorum.
I. Votina: There shall be appurtenant to each lot a total of
one vote for the members who are Owners of that lot. it is nhe
intent that each lot will have only one. vote regardless of the
number of members who may claim an ownership interest in that lot.
If more than one person or entirety owns a lot, they shall _file a
certificate with the Secretary naming the person authorized to cast
votes for that lot. if the same is not on rile with the Secretary,
the vote of any co-owner resent at the meeting shall be acceDte
as the vote--of-all co-owh ers of each lot.
At any meeting of the members, every member having the right
to vote shall be entitled to vote in person or by proxy. A proxy
must be in .writing and filed with the Secretary not later than the
time that meeting is called to order. Every proxy shall be
revocable and shall automatically be revoked when the person who
appointed the proxy attends the meeting or ceases to have voting
privileges in the corporation. Votes represented by proxy shall be
counted in determining the presence or absence of a quorum at any
meeting
in informal Action by Members: Any action that may be taken
by the members of a meeting thereof may be taken without a meeting
of the members if a consent in writing, setting forth the action
taken, shall be signed by all of the persons who would be entitled
to vote such action at a meeting and filed with the Secretary of
the Association_ Any consent so 'filed with the Secretary of the
Association shall be filed in the corpo_ate minute book in like
manner as minutes of a. meeting. Any such consent shall have the
same force and -effect as a unanimous vote of members.
4

A. Order of Business: The order of meetings of the members,
as far as practical, will be:
1. Roll call and certification
2. Proof or Notice of Meeting
3. Reading of Minutes of prior
4. Officers' Reports;
5_ Committee Reports;
6. Approval of Budget;
7. Election of Directors;
8. Unfinished Business;
9.. New Business; and
10_ Adjournment.
ARTICLE IV
Organization
of proxies;
or Waivers of Notice
Meeting;
The property, affairs and business of the Association shall be
managed by a board of Direc-ors, which Board, other that the first
Board of Directors, shall be elected by the members of the
Association. The board shall elect officers of the Association,
including a President, Secretary, and Treasurer, and such other
officers and assistant officers as, from time to time, may be
deemed necessary, who shall carry out such functicns and duties as
are prescribed by these By -Laws and the Board.
ARTICLE V
Board of Directors
A. First Board: The first Board of Directors shall consist
of one Director, who shall be John Galarde, who shall hold office
and exercise all powers of the Board.
S. Number: Not later than the termination of any period of
Declarant control, the lot owners shall elect an Executive Board of
at least three members, all of whom must be lct owners.
C. Term: The first Board of Directors elected by the members
shall be elected to serve until such time as the annual meeting is
held, and thereafter, for one year terms, being elected at the
annual meeting of the members.
D. Election of Directors: Except as provided in this
Article, the Directors shall be elected at the annual meeting of
5

members and the persons who shall receive the highest number of
votes be elected Directors.
E. Cumulative Voting: There shall be no tight of cumulative
voting for the election of Directors.
F. Removal of Directors: the 3oard of Directors or any
individual Director may be removed form office with or without
cause at any meeting, at which a quorum is present, by a vote of a
majority of the members entitled to vote at an election of
Directors. if any or all Directors are so removed, net:, Directors
may be elected at the same meeting.
G. Vacancies: A vacancy in the Board of Directors created by
an increase in the authorized number of Directors or in the
required nurfLer of Directors sl-iall be filled only be elecLiors at an
annual meeting of members or at a special meeting of members called
for that purpose. Any vacancy in the Board of Directors created
other than by an increase in the number of Directors may be filled
by a majority of the remaining Directors, though less than a
quorum, or by the sole remaining Director. The members may elect
a Director at any time to rill any vacancy not filled by the
Directors. in the event of the resignation of a Director to take
effect at a future date either the Board of Directors or the
members, at any time after tender of such resignation, may elect a
successor to such Director to take office as of the effective date
of such resignation.
H. Comoen ati n: No compensation shall be paid to members of
the board for services_ However any Director may be reimbursed for
his actual expenses incurred in the performance of his duties as
long as such expense receives approval of the Board and is within,
the approved Association budget_
I. Resignations: Any Director may resign at any time by
giving written notice to the President or the Secretary of the
Association. Such resignation shall take effect at the time
specified therein, or if no time is specified therein, at the time
such resignation is received by the President or the Secretary of
the Association.
J. Actions of First_$oard: The undertakings and contracts
authorized.by, and all acts taken by, the first Board of Directors
shall be binding upon the Association in the same mann6r as though
such undertakings, contracts and motions had been authorized by a
Board of Directors duly elected by the membership, so long as such
undertakings may be exercised by the Board of Directors of the

Association in accordance with all applicable documents and these
By -Laws.
K. Powers and -Duties: All of the powers and duties of the
Association shall be exercised by the Board of Directors, including
those existing under the common laws and statutes, these 3y-Law8
and the Declaration o; Restrictions. Such powers and duties shall
be exercised in accordance with said By -Laws and the Declaration of
Restrictions, and shall include, without limiting the generality of
the foregoing, the following powers:
(1) To make, levy and collect, regular and special
assessments against the members.and members' lots to
defray the costs of the association and its facilities
and to use said proceeds in the exercise of the powers
and duties of the Association;
(? ) To establish the time wit,- in which payment of assessments
are due;
(3) To use and expend the assessments collected to manage,
replace, operate, :maintain, care for a:nd preserve the lot
improvements, and common areas and facilities, except
those portions thereof which are required to be managed,
repaired, replaced, operated, maintained, cared for and
preserved by the owners;
(4) To maintain, care for, preserve, repair, replace, overate
and manage the common areas and facilities, whenever the
same is required to be done and accomplished by the
Association for the benefit of its members, and further
to approve any expenditures made or to be made for the.
same;
( S ) To purchase the necessary egaipment and tools. required in
the maintenance, repair, replacement, management,
operation, care and preservation Yeferred to herein:;
(6) To enter into and upon the lots when necessary and at as
little inconvenience to the owner as possible in
connection with such maintenance, care, preservation,
repair, replacement, management and operation;
(7) To insure and keep insured the common areas and
facilities against loss from fire and/or other casualty,
and the lot owners against public liability, and to
purchase such othar insurance as the Board may deem
7

advisable including insurance against Director's
liability;
($) To collect delinquent assessments by suit or of heraise,
abate nuisances and enjoin or seek damages from owners
for violations of these By -Laws, the terms and conditions
of the Declaration of Restrictions, and the Rules and
Regulations of the Association;
( 9 i To carry out the obligations of the Association under and
restrictions and/or covenants running with the land
submitted to o—nership of this Association or its
members ;
(10) To designate, as" the Board deems appropriate, assigned
parking spaces for each lot, visitors, service 'vehicles;
and other vehicles;
(11) To compensate, employ, designate and remove personnel
necessary for the maintenance, repair, management,
operation, care, preservation and replacement of the
common areas and facilities;
(12) To make, amend, and enforce Rules and Regulations
governing the use of the common areas and facilities and
lots provided that such Rules and Regulations and
amendments thereto do not conflict with the restrictions
and limitations which may be placed upon the use of such
property under tie terms of the Declaration of
Restrictions, to enforce by legal means or proceedings,
the provisions of the Rules and Regulations so
promulgated and to establish, levy, and collect fines,
assessments, and penalties for violations of such Rules
and Regulations;
(13) To impose a special assessment (against any ov,Tner), not
to exceed $50.00 for each occurrence, or the violation by
the owner or his guests of any Rules or Regulations
adopted by the Board or the breach of -any By -Law
contained herein, or the breach of any provision of the
Declaration of Restrictions_ (Such assessment shall be
in addition to anv costs incurred or to be incurred by
the Association as a. result o= the violation of the rule,
regulation, By -Law or provision;)
(14) If any lessee, renter or guest fails to comply with the
terms of .-he Declaration of Restrictions, Rules and
Regulations, or these Sy -Laws, any written or oral lease

or rental agreement may be terminated and such lessee,
renter or guest may be removed from a lot;
(15) To propose and adopt an annual budget for the
Association;
(16) To reconstruct any part of the common areas and
facilities after casualty and to make further improvement
to the common areas and facilities, real or personal, and
to make and to enter into any and all contracts,
necessary or desirable, to accomplish said purposes;
(27) To acquire, purchase, operate, rent, lease, ,Manage, and
otherwise trade and deal with property, real and
personal, including lots and improvements (except lots
previously sold and deeded to owners) in the property as
may be necessary or convenient;
(18) To acquire now or at any time hereafter, and to enter
into leases and agreements whereby the Association
acquires ownership, leaseholds, memberships, 'and other
possessory or use interest in lands or facilities
including, but not limited to, swimming pools, tennis
courts, decks and other recreational facilities whether
or not contiguous to the lands of the project to provide
enjoyment, recreation or other use or benefit t6 the
owners of lots;
(19 ) To contract for. the management of the _property and comet. on
areas and facilities and to designate to such contractor
all of the powers and duties of the Association, except
those which may be required by the Jeclaraticn of
Restrictions to -have approval of the Board of Directors
or membership of this Association; provided, 'however,
that all such contracts shall be terminable by either
party without cause upon ninety (90) days written notice;
(20) To pay all taxes and assessments which are or may become
liens against any part of the common areas and
facilities, other than lots and the appurtenances
thereto, and to assess the same against the members and
their respective lots s-.ibject to such liens; and
(21 r To grant or withhold approval of any action by one or
more lot owners or other persons entitled to the
occupancy of any lot which would change the exterior
appearance of any building thereon or of any other
porticn-of the project, or elect or provide for the
0.

appointment of an Architectural Control Committee, the
members of which must have the same qualifications as
officers to grant or withhold such approval.
L. Li bil' v: The Directors shall not be liable to the
members except for their own individual willful misconduct, had
faith or gross negligence.
ARTTCLE vz
Meeting of Directors
A. First Meeting: The first meeting of each Board newly
elected by the members shall be held immediately upon adjournment
of the annual meeting at which they were elected, provided a quorum
shall be there present, or as soon thereafter as ' may be
practicable.
B. Annual Meetings: An annual meeting of the Board of
Directors may be held ,immediately before the annual meeting of
members.
C. Special Meetings: Special meetings of the Board of
Directors may be called by -or at the request of the President or
any Director.
D. Place of Meetings: All meetings of the Board of.Directors
shall be held at the principal office of the Association except
that such meetings. may be held at such other place, within or
without the State. of North Carolina, as may be designated in a duly
executed Waiver of Notice of such meeting or as may be otherwise
agreed upon in advance of the meeting by a majority of the
Directors.
E. Notice of Meetings:' The first meeting of the new Board of
Directors may be held without notice. Other meetings shall be
called on not less than seven days prior notice. - Notice of a
special meeting need not state the purpose thereof and such notice
shall be,directed to each Director at his residence or usual place
of business by mail, cable, telegram or may be delivered
personally. The presence of a Director at a meeting shall
constitute Waiver of Notice of that meeting except only when such
Director attends the meeting solely for the purpose of objecting to
the transaction ofAny business thereat, on the grounds that the
meeting has not been lawfully called, and does riot ot'herwlse
participate in such meeting.
F. Quorum and Manner. of Acting: A majority of the n-Li-TTber of
HER

Directors fixed by these By -Laws as the number of Directors of the
Association shall constitute a quorum for the transaction of any
business at any meeting of the Board of Directors. Except as
otherwise expressly provided in this Article, the act of a majority
of the Directors present at a.meeting at which a quorum is present
shall be the act of the Board of Directors.
G. J_nLormal Action of: Directors: Action taken by a majority
of the Directors without a meeting shall constitute Board action if
written consent to the action in question is signed by all the
Directors and filed with the 'minutes of the proceedings of the
Board., whether done before or after the action so taken.
I Order of Business: The order of business at all meetings
of the Board shall if practical be as follows:
1. Roll call;
2. Proof of Notice of Meeting or Waiver of Notice;
3. Reading of Minutes of last meeting;
4. Consideration of communications;
5. Election of necessary Directors and Officers;
S. Reports of Officers and Employees;
7. Report of Committees;
8_ Unfinished business;
9. Original resolutions and nera business; and
10_ Adjournment.
ARTICLE DTI I
rjif 1i cars
A. Election: The Board of Directors shall elect the
following officers of the Association: President, Secretary and
Treasurer. The election of officers shall take place at the first
meeting of the Board of Directors following the annual meeting of
the Members.
B. Terra: Each Officer, except such officers as may be
appointed in accordance -with the provisions of this Article, shall
hold office until the first meeting of the Board of Directors held
after the annual meeting held.next after his election or until his
successor shall have been duly chosen and qualified or until his
death or until he shall resign or shall have been disqualified or
shall have been removed from'office.
C. Removal and Res�crnation: Any Officer elected or appointed
may be removed by the person or persons authorized to elect or
appoint such Officer whenever in their judgment the best interests
11

of the Association will be served thereby. Any Officer may resign
at any time by giving written notice to the Board, the President,
or the Secretary. Such resignation shall 'take effect on the date
of receipt of such notice or at any later time specified therein;
and unless otherwise specified therein, the acceptance cf such
resignation shall not be necessary to make it effective.
D. Subordinate Officer and Agents: The Board of Directors,
from time to time, may appoint other officers or agents, each of
whom shall hold office for such period, have such authority, and
perform such duties as the Board of Directors from time to time may
determine. The Board of Directors may delegate to any officer or
agent the power to appoint any subordinate officer or agent and to
prescribe his respective authority and duties.
E_ Vacancies: A vacancy in any office may be filled by
appointment by the Board. The officer appointed to such vacancy
shall serve for the remainder of the term of the officer he
replaces.
F. Duties: The duties of the officers are as follows:
(1) President: The President shall be the principal executive
officer of the Association and, subject to the control of the Board
of Directors, shall in general supervise and control all of the
business and affairs of the Association. He shall, when present,
preside at all meetings of the members and the Board of Directors;
he shall sign, with the Secretary, or any other proper officer of
the Association thereunto authorized by the Board of Directors any
deeds of trust, mortgages, bonds, contracts, and other instruments
which the Board of Directors has authorized to be executed, except
in cases where the signing and execution thereof shall be expressly
delegated by the Board of Directors or by these 3y-Laws to some
other officer or agent of the Association, or shall be required by
law to be otherwise signed or executed; he shall see that all
orders and resolutions of the Board are carried out; he shall have
general supervision and direction of the other officers and agents
of the Association and shall see that their duties are properly
performed; he shall submit a report of the operations of the
Association for the fiscal year to the Directors whenever called
for by them, and to the members at the annual meeting, and from
time to time: shall report to the Board all matters within his
knowledge which the interest or the Association shall requirerto be
brought to their notice; and, in general, he shall perform all
duties incident to the office of President and such other duties as
may be prescribed by the Board or Directors from time to time.
12

(2) Secretary: The Secretary shall: keep the minutes of
the meetings of the members and the Board of Directors; see that
all notices are duly given in accordance with the provisions of.
these By -Laws or as required by law; be custodian of the corporate
records and seal of the Association and see that the seal of the
Association is affixed to all documents the execution of which on
behalf of the Association under its seal is duly authorized; keep
a register of the joost office addresses of each member which shall
be furnished to the Secretary by such member; have general charge
of he membership list of the Association; keep or cause to be kept
in the State of North Carolina at the Association's registered
office or principal place of business a record of the
Associations's members, giving the names and addresses of all
members and prepare and cause to be prepared voting lists prior to
each meeting of members as required by law; and in general• perform
all duties incident to the office of Secretary, and such other
duties as form time to time may be assigned to him by the President
or by the Board of Directors.
(3) Treasurer: The Treasurer shall: keen. full and accurate
accounts of receipts and disbursements in books belonging to the
Association, and shall deposit all monies and other valuable.
effects in the name and to the credit of the Association in such
depositories as may be designated by the Board; shall disburse the
funds of the Association as ordered by the Board, taking proper
vouchers for such disbursements, and shall render to the President
and Directors, at the meetings of the Board, or whenever they, may
require it, and account.of all his transactions as Treasurer and of
the financial condition of the Association, such records to be open
to inspection by members at reasonable times; may, a. the election
of the Board, be required to give the Association, at the
Association's cost, a bond in a sum and with one or more sureties
satisfactory to the Board, for the faithful performance of the
duties of his office, and the restoration to the Association, in
case of his death, resignation or removal from whatever kind in his
possession belonging to the Association; shall, with approval of
the 3oard, be' autthorized to delegate all or part of his
responsibilities to competent accounting, collection or management
personnel, pursuant to written definition of the responsibilities
delegated. to, and the condition of performmance imposed upon, such
personnel, but, in such event, the Treasurer shall retain
supervisory responsibilities; shall co-sign all promissory notes
with the President; shall prepare the annual budget and statement
of income and expenditures which shall be appr6ved by the 3oard
before all duties incident to the office of Treasurer and such
other duties as may be prescribed by the Board of Directors or
President.
13

G. rompensation: No compensation shall be paid to any
officer for his services. However, any officer may be reimbursed
for his actual expense in the performance of his duties, as long as
such expense receives approval of the Board and is within the
approved budget.
H. Duties of Officers May be Delegated: In case of the
absence of any officer of the Association or for any other reason
that the Board may deem sufficient, the Board may delegate the
powers or duties of such officer to any other officer or a Director
for the time being, provided a majority of the entire Board of
Directors concurs therein.
ARTICLE VIII
Finances and Fiscal Nanac- m
A. Fiscal Year: The fiscal year of the Association shall be
from May 1" through April 3 0" .
B. Assessments:
(1) The Board shall determine from time to time the sum or
sums necessary .and adequate for the costs of performing the
functions, objects and purposes of the Association and the common
expense of the Association properties and shall adopt a budget for
each calendar year. At the annual meeting of the :members, such
budget shall be submitted to the members for approval provided that
a summary of the budget shall be mailed to the lot owners at such
addresses as will be provided by said owners no more than thirty
(30) days prior to nor less than fourteen (IQ days prior to the
annual meeting. As approved, the budget shall constitute th'e basis
for all regular assessments against lot owners, 'which assessments
shall be due and payable periodically as determined by the Board.
Common expenses shall include, but are not limited to, expenses for
the operation, care, preservation, management, maintenance, repair
or replacement of the common areas and facilities and Association
property, costs of carrying out the purposes, powers and duties of
the Association, insurance premiums and expenses, office expense,
utility services, management fees, costs of maintaining, repair,
replacing, operating managing and caring for properties owned or
available for use by the Association and all other rights,
privileges, and other possessory or use interests in lands Or
facilities whether or not contiguous to the lands of the project
which are owned, held available for use by the Association, -and an
other expenses designated as common expenses form time to time by
the Board of Directors of the Association. Provided, however, the
annual assessment may not be increased more than five percent ( 5 % )
14

above the maximum assessment for the previous year without an
affirmative vote of a majority of the membership.
(2) The Board is specifically empowered on behalf of the
Association to make and collect assessments and to care for,
preserve, manage, operate, maintain, repair and replace the common
areas and facilities and Association property. Funds for the
payment of common expenses shall be assessed against the lot owners
in - the proportions or percentages of sharing common expenses
provided in the Declaration. Assessments shall be payable
periodically as determined by the Board.
(3.) Special assessments for common expenses not adequately
funded 'through the regular assessments may be required by the Board
and shall be levied and paid in the same manner as hereinbefore
provided for regular assessments. Notwithstanding any of the
foregoing, no special assessment of any nature may he levied by the
Board without the assent of two-thirds (2/3) of the Association
members who are voting in person or by proxy, at a meeting duly
called for the purpose of voting on any such assessment.
(4) Special assessments against any owner for any purpose
authorized by the Declaration, shall be levied at such time as is
determined by the Board.
(5) Mhen the Board has determined the amount of any
assessment, the President or Treasurer or the Association (or the
personnel to whom such authority has been delegated) shall bail or
present a statement of assessment"to each of the assessed owners.
All assessments shall be payable to the Association, aTid upon
request, the President or Treasurer or their designated agent shall
give a receipt for each payment made.
( o ) The Board may enter into a management contract with third
parties to whom the Board may delegate the power to levy and
collect assessments approved by the Aoard or required by the
Declaration of Restrictions.
(7) All assessments not paid within thirty (30) days after
the same shall be due shall bear interest at the rate Of eight
percent (8%) per annum until paid.
C. Exoenses of Assessments: In any year in which there is an
excess of assessments received over amounts actually used or
payable for the purposes described in these By -Laws and in the
Declaration, such excess shall, unless otherwise determined by the
Board of Directors of the Association, be deposited in a capital
reserve account for Ilse in replacement, repair or maintenance of
15

the common areas and facilities of the Association or Association
property.
ARTICLE IX
Committees
A. Committees: The Board may establish by resolution adopted
by a majority of Directors, such committees which it deems
necessary or desirable to carry out the purposes of the
Association.
B. Committee..Chairman _._and _.Members: The Chairman of all
committees shall be appointed by and serve at the pleasure of the
Board. Each committee shall contain one or more members of the
Board.
C. Committee Reports: The Chairman of each committee shall.
make a report to the President in writing of conunittee meetings and
activities.
D. Authority: Unless specifically authorized in writing by
the Board.of Directors or the President, a committee Chairman or a
com-nittee shall have no authority to legally obligate the
Association or incur any expenditure on behalf of the Association,
ARTICLE X
Easements
In the event that any part of the buildings or improvements as
presently constructed which are intended to be a part of the
project shall encroach upon any common property, common areas or
facilities, or property owned, held or used by the Association,
then an easement appurtenant to such lot, building or improvement
shall exist for the continuation of such encroachment For so long
as such encroachment shall naturally exist.
ARTICLE XI
Iou jices
A.' Definition: Whenever by statutory law, the Declaration or
these By -Laws, notice is required to be given to any officer,
director_, or member, it shall be given in writing by mail, by
depositing the same in a post office or letter box in a post-paid,
sealed envelope, addressed as appears on the books of the
Association, u less otherwise specifically stated herein.
16

B. Service of ldotice-Waiver: whenever any notice is required
to be given by statutory law, the Declaration of these By -Laws, a
waiver thereof, in writing, signed by the person or persons
entitled to such notice,. whether before or after the time stated
therein, shall be deemed the equivalent to the giving of such
notice.
C. Address: The address for notice to the Association shall
be that of the Registered Agent for service of process of the
Association.
ARTICLE XII
Suspension of Rights
The Board may suspend, .by a majority vote of the Board, the
voting rights and right to hold office of a member during any
period in which the member shall be in default in the payment of
any dues, assessments, penalties or fines, imposed by the
Association. Such rights may also be suspended, after notice and
hearing, for a period not to exceed sixty (60) days for a violation
of the Association's Rules and Regulations, these By -Laws or the
Declaration.
ARTICLE XIII
Books and Records
The books, records and papers of'the Association shall, at any
reasonable time, be subject to inspection by any member, or his
agent or attorney, for any purpose.
ARTICLE XIV
Rules of Order
All meetings or the members and Board of Directors shall be
governed procedurally by Roberts Rules of order, Revised, unless
suspended by two -third vote of the members present and entitled to
vote.
ARTICLE XV
Assets of the Association
The Association shall hold, own, maintain, manage, control,
repair, preserve; replace, care for and operate any and all real
property, together with appurtenances, fixtures, all rights and
17

privileges, and other possessory or use interest in land,
facilities, and roads and streets which may be conveyed to, or made
available for use by the Association, the Declarant of the project,
or by any other person, firm, corporation or entity, or belonging
to, or made available for, the Association, for the use, enjoyment,
health, safety and welfare of the owners of said lots and the
residents within said project.
All such real property together with appurtenances, fixtures
and improvements thereto, personal property, fixtures, rights and
privileges, including riparian rights, and other possessory or use
interests in land or facilities owned by, belonging to, or made
available for, the Association shall be treated, except as
otherwise specifically in the By -Laws provided, as common areas and
facilities of Castle Oaks Subdivision project for purposes of
managing, controlling, repairing, replacing, preserving, caring
for, operating and otherwise dealing with -for the use, health,
safety, and welfare of the owners of those lots and the residents
within the project as herein provided.
The costs and expenses of holding, owning, -maintaining,
managing, controlling, repairing, replacing, preserving, caring for
and operating all common areas of Castle Oaks Subdivision -shall be
"common expenses" and included in the budget for each fiscal year
for the Association and all provisions of these By -Laws shall apply
thereto.
ARTICLE XV"I
Qualifications for Tax Exemption
No part of the net income, if any, or earnings of this
Association shall inure to the benefit of any officer, member or
director of the Association, or any other private individual either
during the Association's existence or in the event of its
dissolution. In the event of the dissolution of the Association
for any cause or reason, a_,y assets remaining after the payment of
creditors, debts and other costs and expenses incident to the
dissolution, shall be distributed, transferred, and paid over to
such qualified association or organizations having purposes similar
to those set forth in Article i% of the Articles of Incorporation as
shall be selected by the Board of Directors of the Association.
ARTICLE XVII
Contracts Loans.Checks, Drafts and Deposi-La
A. Contracts: The Board of Directors may authorize any
IN

officer or officers, agent ow agents, to enter into any contract or
execute and deliver any instrument in the name of or on behalf of
the Association, anti such authority may be general or confined to
specific instances.
B. Moans: No loans shall be contracted on behalf of the
Association ana no evidences of indebtedness shall by issued in its
name unless authorized.by a resolution of the Board of Directors.
Such authority may be general or confined to specific instances.
C. ' Checks and Drafts: All checks, drafts or other orders for
the payment of money, issued .in the name of the Association, shall
be signed by the President, and Secretary or Treasurer of the
Association and in such manner as shall from time to time be
determined by resolution of the Board of Directors.
D. Denosits: All funds of the Association not otherwise
employed shall be deposited from time to time to the credit of the
Association in such depositories as the Board of Directors may
select.
ARTICLE XVIII
Default
A_ Enforcement of Llep for Assessments: in the event an
owner does not pay any sums, charges, or assessments required to be
paid to the Association by the due date, the Association, acting on
its own behalf or through the Board, may enforce its lien for
assessments, or take such other action to recover the sums, charges
or assessments to which it is entitled, in accordance with the
Declaration and the statutes made and provided or both.
B. _Governmental Liens and Assessments: In the event .that an
owner `ails to pay any tax or assessment lawfully assessed by any
governmental subdivision within which the property is situated, by
the date such tax or assessment is due, the Board :ray pay . the same
from the funds of the Association and specifically assess such
owner for the amount paid.
C. Foreclosure: If the Association becomes the owner of a
lot. by reason of foreclosure, it shall offer said lot for sale and'
at such time as a sale is consummated, it shall deduct from the
proceeds of said sale all sums of'Tnoney due it for assessments and
charges, all costs incurred in the bringing of the zorerclosure,
suit, including reasonable attorney's fees, funds necessary to
discharge any liens or mortgages of record, and any and all
expenses incurred in the resale of the lot, which shall include,
I

but not be limited to advertising expenses, real estate brokerage
fees and expenses necessary for the repairing and refurbishing of
the lot in question. All' monies remaining after deducting the
foregoing items of expenses, costs and other deductions shall be
returned to the former owner of the lot.
D. Other Remedies: In the event of violation of the
provisions of the Declaration, as the same are defined. in the
Declaration, for thirty (30) days after notice from the Association
to the lot owner to correct such violation, the Association, on its
own behalf or by and through its Board of Directors, may bring
appropriate action to enjoin -such violation or may enforce the
provisions of the Declaration, or may sue for damages, or take such
other course of action, or other legal remedy as it or they may
deem appropriate.
E. Legal Costs: In the event any legal action is brought
against an owner and results in a judgment for the Association, the
owner shall pay the Association's reasonable attorney fees, costs
of collection, and court costs.
F. intent: Each owner, for himself, his heirs, successors
and assigns, agrees to the foregoing provisions relating to default
and other violations regardless of the harshness of the remedy
available to the Association and regardless of the availability of
the other equally adequate legal procedures. It is the intent of
all owners of lots to give to the Association a method and
procedure which will enable it at all times to operate on. a
business -like basis, to collect these monies due and owning it, and
to preserve each owner's right to enjoy his lot, free from
unreasonable restraint and nuisance.
ARTICLE XIX
Rules and Regulations
In addition to the other provisions of these 3y-Laws, any
Rules and Regulations adopted by the Board, together with any
subsequent changes, shall govern, to the extent not inconsistent
with these By -Laws and the Declaration, the use df the lots' and the
common areas and facilities and the conduct of all owners,
residents and guests. Such Rules and Regulations shall be subject
to such changes, additions, or amendments as may be deemed
appropriate by the Board.
ARTICLE XX
Joint Ownershio
20

Membership may be held in the name of more than one ov—er. In
the event ownership is in more than one person, all of the joint
oum ers shall be entitled collectively to only one vote, voice or
ballot in the management of the affairs of the Association, and the
vote may not be divided between plural owners. The manner of
determining who shall cast such vote shall be as set forth in
Article 111, Section I.
ARTICLE KXI
Indemnification
The Association may indemnify any person made a party to an
action, by or in the right of the Association to procure a judgment
in its favor by reason of his being cr raving been a director or
officer of the Association; against the reasonable expenses
including attorney's fees actually and necessarily incurred by him
in connection with an appeal therein, except in relation to such
matters as to which such director or officer is adjudged to have
been guilty of gross negligence or misconduct in the performance of
his duty to the Association.
ARTICLE XX I -T
r-nendrnent s
These 3y-Laws may 'be .a:7ended in the following manner: Ar,
amendment or amendments may be proposed by the Board of Directors
of the Association acting upon a vote of a majority of the
'directors or by a majority of the members of the Association
entitled to vote, whether meeting as members or by iDstrument in
wrizir_g signed by them. Upon any ariendment or amendments to these
By -Laws being proposed by said Board of Directors or members, such
proposed amendment or amendments shall be transmitted to the
President of the Association, or other officer of he Association
in the absence of the President, who shall thereupon call a Special
meeting of the members of the Association for a date not sooner
than twenty (20) days nor later than sixty (60) days from receipt
by him of the proposed amendment or amendments. it shall be the
duty of the Secretary to give each member written or printed notice
or such Special Meeting, stating. the time and place thereof, and
reciting the proposed amendment or amendments in reasonably
detailed form, which notice shall be mailed not less zhan fourteen
(14) days nor more than thirty (30) days before the date set for
such Special Meeting. -i`_ mailed, such notice shah be deemed to be
properly given when deposited in the United States Mail addressed
to the member at his Post office address as it appears on the
21
records of the Association, the postage thereupon prepaid. AM
member may by written waiver of notice signed by such member, waive
such notice, and such waiver, when filed in the records of the
Association., whether before or after the holding of the meeting,
shall be deemed equivalent to the giving of notice to such member.
At the meeting, the amendment or amendments proposed must be
approved by an affirmative vote, in. person or :by proxy, of a
majority of the members having voting righ_s in order for such
amendment or amendments to become adopted. Any s=h amendment or
amendments so passed shall not become operative unless set forth in
an Amended Declaration duly recorded in the Office of the Registry
of Deeds for New Hanover County. All oxmers shall be bound to
abidp by anv -;nch amQnt?mant. nr amanrlmant-c when rho Rnnn-n,�

records of the Association, the postage thereupon prepaid.. Any
member may by written waiver of notice signed by such member, waive
such notice, and such waiver, when filed in the records of the
Association, whether before or after the holding of the meeting,
shall be deemed equivalent to the giving of notice to such member.
At the meeting, the amendment or amendments proposed must be
approved by an affirmative vote, in person or by proxy, of a
majority of the members having voting rights in order for such
amendment or amendments to become adopted. Any such amendment or
amendments so passed shall not become operative unless set forth in
an Annended Declaration duly recorded in the Office of the Registry
of Deeds for New Hanover County. All owners shall be bound to
abide by any such amendment or amendments when the adopted
amendment or amendm :eats are' duly recorded in the form of an Amended
Declaration.
Notwithstanding any other provision of this Article XXII, no
amendment or amendments may be adopted which would in any way
alter, amend or effect Articles XV and X of these By -Laws without
unanimous approval and vote of all members entitled to vote, and no
amendment or amendments shall be adopted which would operate to
impair or prejudice the rights and/or liabilities of any mortgagee
or lender secured by an lot.
ARTICLE XXIIT
Construction
Should any of the covenants or provisions herein contained or
imposed be void or be in conflict with the requirements or the
General Statutes of the State cf North Carolina, or be or become
unenforceable at law or in equity, the remaining provisions of this
instrument shall, nevertheless, be and remain in full force and
effect.
Mherever the masculine, singular form of the pronoun is used
in these By -Laws, it shah be construed to mean the masculine,
feminine or neuter, singular or plural, wherever the text so
require.
The foregoing were adopted as the By -Laws of upper Reach
Extension Owners Association at an annual meeting of the membership
held on September 8, 2004.
22

M
k6RT!�
to
k
REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
rxM�*i'F*Iri.*kk►*rHx*-kr1�-i*xxw'rrt�Frf-t•frxr*!ss*xTrfnt#r*11F+�F*MtFRr Fklkf*k**►fkx*xi-k�H*irM*rirtxr-k*xx-wyr¢y-ksf kxR***M-kxf*Yrtkwx
Filed For Registration:
Book:
Document No.:
09/08/2004 03:09:42 PM
RE 4464 Page: 265-310
2D04048506
DECL 46 PGS $146.00
Recorder: MICAii PHELPS
s,tklxxxirri4*�Fk�f-xrxtxw�Frx�*4lrre*k+�,t.y�krxx*trf+ryr�k.-tf:a+lrrxxirtxkta•kak�exyrlx**+ikx•kx xfrtr�t+kxxxxtrr�rrrrrxwMrxxrxr�rxfn`x*x
State of Norih Carolina, County of New Hanover
The foregoing certificate of ALAN M SOLANA Notary is certified to ba correct. This 8TH of September 2004
rRESECCA T. CHRISTIAN , REGISTER OF DEEDS
By: .
Deputy/Asststard Register of Deeds
rxkxkx+k*xx**►K*x/rYrx4lexr**xx*-kki*x11xx4rx*txk**ki! exltYkit4*ltxrxsYlrlsirxrrrlVrr*}tssxrrx-klrtx�rwlkMr4wk*Irkr�r41 wt*�kHy*1tr
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
11�I�. 1•
2004048506

STORMWATER CALCULATIONS
UPPER REACH EXTENTION
FOR
GALARDE & COMPANY
6800 WRIGHTSVILLE AV.
WILMINGTON, N.C. 28403
256-2700
�- b -- 0
SEAL� 8
�► 0� 26658
Sal
BOYID
11, Ifl ito%
94
September 26, 2003
PREPARED BY:
MALPASS ENGINEERING, P.C.
31 I4-3 RANDALL PARKWAY
WILMINGTON, N.C. 28403
(9I0)343-1763 PHONE
(910)-) 43-0214 FAX

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14(a e "off S ay h 51oc.. cse9 Qc.�,,, j o,(c.
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t 1.
PROJECT:
UPPER REACH EXT_
-
LOCATION
: NSW HANOVER COUNTY �-
DISCRIPTION
: Opfe= 1.94
CFS
Opos1= 8,26
CPS
Tp= 62
min
ROUTING SUMMARY:
_
r25iYR 24 HFi. ROST_-PREa{CHRINSA4V
S. Z
CONTOUR
INCREMENTAL
ACCUM
CONTOUR AREA
VOLUME
VOLUME STAGE
In S
In Z
Z est
(Sq It)
fcu fty
(Cu fty (ft)
(ft)
22' ' 5787
0
0 0
7380
3291.9075
3291.9075 0.5
6.0992
-0.6931
0,501052452
23" °, ;- ;10053
4358.445
7650,3525 1
8.9425
0.0000
0,991400327
23.25 10905
2619.85825
10270.20875 1.25
9.2370
02231
1,258193045
Ks= 7732
b= 124
INPUT DATA:
OUTPUT DATA:
PEAK FLOW-
Op= 8
CIS
Initial stage =
22
ft, msl NORMAL
WATER LEVEL
TIME TO PEAK=
Tp= 62
min
Normal surface area =
5787.28
sf OR===>
0.13 ac
DELTA TIME
dT=
min
Peak outflow =
8.26
cfs
Peak stage =
22,00
ft, msl
Ks= 7732
Peak stcrage =
0,00
Cf
b= 1.24
Peak surface area
Zo= =22.
ft (ref)
RISER DIA=
Dr= [_�O �
in OR =__>
Lr1= 1., 3 It
AND Wr=
sl, ft
RISER CIR.=
Cr= 12,00
ft
Lr2= 3
RISER AREA=
Ar= 9,00
Sf
9.00
WEIR COEFF. RISER=
Cwr- 30
ORIFICE COEFF. RISER=
Cdr= '.0.6
CREST ELE. RISER-
Zcr= 23:25
ft

BARREL DIA_= Db= .� 6 in
INVERT ELE. BARREL= Zi= 22 It
ORIFICE COEFF. BARREL= Cdb=m OBi #1 #2
WEIR HEIGHT= Hw= "�0.25 FT TOP WEIR ELE- 2225 WEIR HEIGh Hw= 0.33 FT
SPILLWAY LENGTH= Lw- It WEIR LENGTH- Lw= 0 FT WEIR LENG' Lw= 0 FT
SPILLWAY ELE= Ze 23.25 ft WEIR ELE.= Ze- 22 FT WEIR ELF _= Ze= 1802:„. FT
WEIR COEFF.= Cw 3.0 WEIR COEFF.(WEIR) Gww- 3 _ WEIR COEFI Cww= t 3
ORIFICECOEFF.(WEIR Cdw= =•06.-` ORIFICE CO Cdw= 0.6'
CONTROL ORIFICE DIA. (DEM) Do= , 1 in WEIR AREA= Wa 0 SF WEIR AREA) Wa 4 SF
# OF DRAWN DOWN ORIFICES #Dc=
INVERT ELE. ORIFICE(S)= Zoi= -22 It
ORIFICE COEFF. = Cdo= O.6
SOIL INFILTRATION
SOIL PERMABILITY Ps= 185 inlmin
Ps= 14.870 cfs @ pond inv
TIME INFLOW STORAGE STAGE Qorifice(s) Qriser(WEIR) Oriser(ORIF.) Qbarrel Qspillway Omfil 1 Oweir(weir) 1 Oweir(orif_) 2Oweir(weir) 2Gweir(onf.) Ototal
(min) (cis) (cu ft) (ft) (cfs) (ds) (cfs) (cfs) (cfs) (cfs) (cfs) (cfs) (CIS) (cis) (cfs)
-------------------------
0 0 0.00 22.00 0.00C
2 O02 0.00 22.00 0.00 0.00 0.00 0.00 0.00 0.021 0.00 0,00 0.00 0.00 0.02
4 0.08 0.00 22.40 0.00 0,00 0,00 0.00 0.00 0.084 0.00 O,OO 0.00 0.00 0.08
6 0,19 0.00 22.00 0.00 0.00 0,00 0.00 0.00 0.159 0.00 0,00 0_00 0.00 0.19
8 0.33 0.00 22.00 0.00 0,00 0.00 0.00 0.OD 0.335 0.00 0,00 0.00 0.00 0.33
iC 0.52 0.00 22.00 0.00 0,00 0,00 0.00 0.00 0.519 0.00 0,00 0.00 0.00 0.52
12 0.74 0.00 22.00 0.00 0.00 0,00 0.00 0.00 0.740 0.00 0,00 0_oc 0.00 0.74
14 1.00 0.00 22.00 0.00 0,00 0,00 0.00 0.00 0.996 0.00 0,00 0.00 0.00 too
16 1,28 0.00 22.00 0.00 0,00 0,00 0.00 0.00 1,284 0.00 0,00 0.00 0.00 1.28
18 1,60 0.00 22.00 0.c0 0.00 0,00 0.00 0.00 1.601 0,00 0,00 0.00 0.00 1.60
20 1.94 0.00 22.00 0.00 0,00 0,00 0.00 0.00 1.944 0.00 0,00 0.00 0.co 1.94
22 2.31 0.00 22.00 0.00 0,00 0,00 0.00 0.00 2,310 0.00 0,00 0.00 0.00 2.31
24 2,69 C.00 22.00 0.00 0.00 0,00 0.00 0.00 2.694 0,00 0,00 0.00 0.00 2.69
26 3.09 0.00 22.00 0.00 0,00 0,00 0.00 O.DO 3.093 0.00 0,00 0.00 0.00 3.09
28 3.50 O.00 22.00 0.W 0.00 0,00 0.00 0.00 3.503 0,00 0,00 0.00 0.00 3,50
30 3.92 C.00 22.00 0.00 0,00 0.00 O.00 O.00 3.919 0,00 0.00 0.00 0.00 3.92
32 4,34 0.00 22,00 0.00 0,04 0,00 0.00 0.00 4.337 0.00 0,00 0.00 0.Oo 4.34
34 4.75 0.00 22.00 0.00 0.00 0,00 0.00 0.00 4.753 9,00 0,00 0.01] 0.00 4.75
36 5.16 0.00 22.00 0.00 0,00 0.00 0.00 0.00 5.163 0,00 0.00 0.00 0.00 5.16
38 5.56 0,00 22,00 0.00 000 000 0.00 0.00 5.552 0.00 000 0.00 0.00 5.56
40 5.95 0.00 22.00 0,00 0.00 0.00 0.00 0.00 5.946 0,00 0,00 0.00 0.00 5.95
42 6.31 0,00 22.00 0.00 0,D0 0.00 0.00 0.00 6.312 0,00 0.00 0.00 0.00 6.31
44 6.65 4,00 22,00 0.00 0,00 0.00 0.00 0.co 6.655 0.00 0,00 0.00 0.00 6.65
46 6.97 0.00 22.00 0,00 0.00 0.00 0.00 0.00 6.972 D.00 0,DO 0.0C 000 6.97
4B 7.25 0,00 22.00 0.00 0.00 0.00 0.40 0.00 7.260 0.00 0.00 0.00 0.00 7.26
50 7.52 0,00 2200,0,00 0,00 0.00 0.00 0.00 7.516 0.00 0.00 0.O0 0,00 7.52
52 7.74 0.00 2200,0,00 0.00 0.00 0.00 0.00 7,737 0.00 0,DO O.DC 0,00 7.74
54 7.92 0,00 2200,0.00 0.00 0.00 0.00 0.00 7.921 0.00 0.00 0.00 0,00 7.92
56 8.07 0,00 2200,00c 0.00 0.W 0_00 0.Oo 8.067 0.00 0,00 0.00 0.00 8.07
58 8.17 090 2200,0,00 0.00 0.00 0.00 0,00 8.171 0.00 0,D0 0.06 0,00 8.17
60 8.23 0,D0 2200,0.00 0.00 0.00 0.00 0,00 8.235 0.00 0.00 0.00 0,00 8.23
62 8.26 0.00 22,00 0,00 0.00 0.00 0.00 0.00 8.256 0.00 0.00 0.00 0.00 8.26
64 8-23 0.00 2200,0,00 0.00 0.00 0.00 0,00 8.235 0.00 0.W 0.0C• 0,00 8.23
66 8.17 0.00 2200,0,00 0,00 0.00 0.00 0.00 8.171 0.00 0_DO 0.00 0,00 8.17
68 8.07 0.00 2200,0,00 0.00 0.00 0.00 0,00 8.067 0.00 0.00 0.00 0,00 8.07
70 7,92 0.00 22.00 0.00 0.00 0.00 0,00 0,00 7.921 0.00 0.00 0.00 0,00 7.92
72 7.74 0.00 22.00 0,00 0.00 0.00 0,00 0,00 7.737 0.00 0.D0 0.00 0,00 774
74 7.52 0.00 22.00 0,00 0.00 0.DO 0.00 0,00 7.516 0.00 0.00 0.00 0,00 7.52
_ 76 726 0.00 22.00 0.00 0.00 0.00 0,00 0,00 7.260 0.00 0.00 0.00 0.00 7.26
78 6,98 0.00 22.00 0,00 0.00 0.00 0,00 0,00 6.982 0.00 0.00 0.00 0.00 6.98
80 6,70 0.00 22.00 0.04 0.00 0.00 0,00 0,00 6.695 0.00 0.00 0.00 0.00 6.70
82 6.42 0.00 22.00 0.00 0.00 0.00 0.00 0.00 6.420 0.00 0.00 0.00 0.00 6.42
84 6.16 0.00 22.00 0.00 0.00 0.00 0,00 0.00 6,157 0.00 0.00 0.00 0.00 6.16
TOP WEIR

86
5.90
0.00
22.00
000
0.00
0.00
000
0.00
5.904
0.00
0.00
000
0,00
5.90
88
5.66
0.00
22.00
0.00
0.00
0.00
0,00
0.00
5.661
0.00
0.00
0.00
0.00
5.66
90
5.43
0.00
22.00
0,00
0.00
0-00
0,00
0.00
5.429
0.00
0.00
0.00
0,00
5.43
92
5.21
0.00
22.00
000
0.00
0.00
000
0.00
5206
0.00
0.00
000
000
521
94
4.99
0.00
22.00
0.00
0.00
0.00
0,00
0.00
4.992
0.00
0.00
0.00
0.00
4.99
96
4.79
0.00
22.00
0,DO
0.00
0.00
0,00
0.00
4.787
0.00
0.00
0,00
0,00
4.79
98
4,59
0.00
22.00
0.00
0.00
0.00
000
0.00
4.590
0.00
0.00
000
0.00
4.59
100
4.40
0.00
22.00
0,00
0-00
0,00
0,00
0.00
4.402
0.00
0.00
0.00
0,00
4.40
102
4.22
0.00
22.00
0,00
0.00
0.00
0,00
0.00
4.221
0.00
0.00
0,00
0,00
4.22
104
4.05
0.00
22.00
0.00
0.00
0.00
0,00
6.00
4.048
0.00
0.00
0,00
0.00
4.05
106
3.88
0.00
22.00
000
0-00
0.00
000
0.00
3.882
0.00
0.00
0.00
0.00
3.88
108
3.72
0.00
22.00
0,00
0.00
0.00
0,00
0.00
3.722
0.00
0.00
0,00
0.00
3.72
110
3.57
0.00
22.00
0.00
0.00
0.00
0.00
0.00
3.669
0.00
0.00
0,00
0.00
357
112
3.42
0.00
22.00
0,DO
0-00
0.00
0,00
0-00
3.423
0.00
0.00
0,00
0,00
3.42
114
3.28
0.00
22.00
0,00
0.00
0.00
0,00
0.00
3.282
0.00
0.00
0,00
0.00
3.28
116
3.15
0.00
22.00
0.00
0.00
0.00
0.00
0.00
3.147
0.00
0.00
0,00
0.00
3.15
118
3.02
0.00
22.00
0,00
0.00
0.00
0,00
0-00
3.01E
0.00
0.D0
0,00
0,00
3.02
120
2.89
0.00
22.00
0,00
0.00
0.00
0,00
0.00
2.894
0.00
0.00
0,00
0.00
2.89
122
2.78
0.00
22.00
0.00
0,00
0.00
0,00
0.00
2.775
0.00
0.00
0,00
0.00
278
124
2.66
0.00
22.00
0,00
0-00
0.00
0,00
0.00
2.661
0.00
0.00
0.00
0,00
2.66
126
2.55
0.00
22.00
0, 00
0.00
0.00
000
0.00
2.552
0.00
0.00
0, D6
0.00
2.55
128
2.45
0.00
22.00
000
0,00
0.00
0,00
0.00
2.447
0.00
0.00
0,00
0,00
2.45
130
2.35
0.00
22.00
0,00
0.00
0.00
0,00
0.00
2.347
0.00
0.00
0.00
0,00
2.35
132
2.25
0.00
22.00
0,00
0.00
0.00
0,00
0.00
2.250
0.00
0.00
0,00
0,00
2.25
134
2.16
0.00
22.00
0.00
0,00
0.00
0,00
0.00
2.158
0.00
0.00
0,00
0.00
2.16
136
2.07
0.00
22.00
0.00
0,00
0.00
0.00
0.00
2.069
0.00
0.00
0,00
0,00
2.07
138
1.98
0.00
22.00
0.00
0.00
0.00
0.00
0.00
1.984
0.00
0.00
0,00
0,00
1.98
140
1,90
0.00
22.00
0.00
0,00
0.00
0,00
0.00
1.903
0.00
0.00
0,D0
0,00
1.90
142
1.82
0.00
22.00
0.00
0,00
0.00
0.00
0.00
1.825
0,00
0.00
0,00
0.00
1.82
144
1.75
0.00
22.00
0.00
0.00
0.00
0.00
0.00
1.750
0.00
0.00
0.00
0,00
1.75
146
1.68
0.00
22.00
0.00
0,00
0.00
0,00
0_QO
1.678
0,00
0.00
0,00
0,00
1.68
14B
1.61
0.00
22.00
0.00
Ono
0.00
0.00
0,00
1.609
0,00
0.00
0,00
0,00
1.61
150
1.54
0.00
22.00
0.00
0.00
0.00
0.00
0.00
1.543
0.00
0.00
0.00
0,00
1.54
152
1.48
0.00
2200,
0.00
0,00
0.00
0,00
0.00
1.480
0,00
0.00
0,00
0,00
1.48
154
1.42
0.00
22.00
0.00
0,00
0.00
0.00
0,00
1.419
0.00
0.00
0.00
0,00
1.42
156
1.36
0.00
22.00
0.00
0,00
0.00
0.00
0.00
1.360
0,00
0.00
0.00
0,00
1.35
158
1.30
0.00
2200,
0.00
0,00
0.00
0.00
0,00
1.305
0,00
0.00
0,00
0,00
1.30
160
1.25
0.00
2200.
0.00
000
0.00
0.00
4,00
1,251
0.00
0.00
0.00
0,00
1.25
162
1.20
0.00
2200,
0.00
0.00
0.00
0.00
0.00
1.200
0,00
0.00
0.00
0,00
1.20
164
1.15
0.00
2200,
0.00
0.00
0.00
0,00
0,00
1.150
0,06
0.00
0.00
0.00
1.15
165
1.10
0.00
2200.
0.00
0.00
0.00
0.00
0,00
1.103
000
0.00
0.00
000
1_ 10
168
1.06
0,00
2200,
0.00
0.00
0,00
0.00
0,00
1.058
0,00
0.00
0.00
0,00
1.06
170
1.01
0.00
2200.
0.00
0.00
0.00
0_DO
0,00
1.014
0,00
0.00
0.00
0.00
1.01
172
0,97
0.00
22.00
0.00
0.00
0.00
0.00
0,00
0.973
0.00
0.00
0.00
0.00
0.97
174
0.93
0.00
2200,
0.00
0.00
0.00
0.00
0,00
0.933
0,00
0.00
0.00
0.00
0.93
176
0.89
0.00
2200,
0.00
0.00
0.00
0.00
0,00
0.894
0,00
0.00
0.00
0.00
0.89
178
0,86
0.00
22.00
0.00
0.00
0.00
0.00
0,00
0.858
0.00
0.00
0.00
0.00
0.86
180
0.82
O.DO
2200,
0.00
0.00
0,00
0.00
0,00
0.823
0,00
0.00
0.00
0.00
0.82
182
0.79
0.00
22.00
0.DO
0.00
0.00
0.00
0,00
0,789
0,00
0.00
0.00
0.00
0.79
184
0.76
0.00
22.00
0.00
0.00
0.00
0.00
0,00
0.756
0.00
0.00
0.00
0.00
0.76
186
0.73
0,00
2200,
0.00
0.00
0-00
0.00
0,00
0.725
0,00
0.00
0.00
0.00
0.73
188
0.70
0.00
22,00
0.00
0.00
0.00
0.00
0.00
0,695
0.00
0.00
0.00
0,00
0.70
190
0.67
0.00
22.00
0.00
0.00
0.00
0.00
0,00
0.667
0.00
0.00
0.00
0.00
0.67
192
0.64
0,00
22.00
0.00
0.00
0.00
0.00
0.00
0,640
0.00
0.00
0.00
0.00
0.64
194
0.61
0.00
22.00
0.00
0.00
0,00
0.00
0,00
0.613
0.00
0.00
0.00
0.00
0.61
196
0.59
0,00
22.00
O.00
0.00
0.00
0.00
0,00
0,588
0.D0
0.00
0.00
0.00
0.59
198
0,56
0.00
22.00
0.00
0.00
0,00
0.00
0.00
0,564
O,OD
0.00
0.00
0.00
0.56

DRAINAGE CALCULATIONS
Atot = 2.38 ac
total Aimp = •`=�0,62 ac (EXISTING 8 PROPOSED IMPERVIOUS)
exist Aimp = . Y` - 01 ac
Cpre = [ , j] pre-dev coaff_
Gpo51 (COMO)' 0.43 post-dev coeff.
1 25yr 8 Alin/hr (25yr)
Opre = 1.94 cfs
Opost = 826 cfs
VOLUME OF RUNOFF
P= $ 8.01 in (25y24hr)
C N= 7_4.
5=(1000fcn)-10 5= 3.51
Q'= Pf 2S)A2 4.93 in
(P-.8S)
V = Q'Atct = 42632.16 c!
TIME TO PEAK
Tp=V11.39'Qpos1 = 62 min

DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS FOR
UPPER REACH EXTENSION SUBDIVISION
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
UPPER REACH EXTENSION SUBDIVISION (the "Declaration") made as of
this day of , 2003, by GALARDE & COMPANY, TNC.
(hereinafter referred to as "Declarant").
W T T N E S S E T H:
WHEREAS, Declarant is the owner of that certain real property
comprising that -residential subdivision known as, or to be known
as, Upper Reach Extension, and as more particularly described on
Exhibit "A" attached hereto and incorporated herein by reference
(the "Property"); and
WHEREAS, Declarant desires to insure the attractiveness of the
Property and to preserve the values and amenities thereof; to
establish a general plan of development as herein set out; to
restrict the use and occupancy of the Property; and to provide for
a method for the maintenance, repair, replacement and operation of
the Common Area (as defined below).
NOW THEREFORE, -Declarant hereby declares that the Lots (as
defined below) and other property comprising the Property shall be
held, transferred, sold, conveyed and occupied subject to the
covenants, conditions, restrictions and easements set forth in this
Declaration which are for the purpose of protecting the value and
desirability of the Property, and which shall run with the Property
and be binding on all parties owning any right, title, or interest
in the Property or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each Owner thereof.

ARTICLE I
PROPERTY SUBJECT TO THIS DECLARATION
ADDITIONS THERETO
Section 1. Existind Property. The real property which is and
shall be held, transferred, sold, conveyed and occupied subject -to
this Declaration, irrespective of whether there may be additions
thereto as hereinafter provided, is located in new Hanover County,
North Carolina, and is more particularly described on Exhibit "A"
attached and incorporated herein (the "Existing Property").
Section 2. Additions_ to Existing Property. Additional property
adjacent to or adjoining the Existing Property may 'be brought
within the scheme of this Declaration and the jurisdiction'of the
Association (as defined below) by Declarant without the consent of
the Association or its Members (as hereinafter defined); provided,
however, that said annexations, if any, must occur within twenty
(20) years after the date of the filing of this Declaration.
Declarant shall not be obligated to subject any additional property
to this Declaration. Such additions shall be made by filing a
Supplementary Declaration of Covenants, Conditions and Restrictions
with respect to the additional property in the New Hanover County,
North Carolina, Public Registry, which shall extend the scheme of
this Declaration and the jurisdiction of the Association to such
properties and thereby subject such additions to -the benefits,
agreements, restrictions and obligations set forth herein.
ARTICLE II
DEFINITIONS
Section 1. "Association" mearis Upper Reach Extension Owners
Association., Inc., its successors and assigns.
Section 2. "Common Area" means any real property and property
rights owned by the Association for the common use and enjoyment of
the Owners and/or designated as "Common Area" on the Map of the
Property, together with all improvements and facilities installed
upon or used in connection with such real property and property
rights. The Common Area shall include without limitations, the
Association's rights (if any) in and to the Private Streets and
access easements, parks and ponds.
Section 3. "Declarant" means GALARDE & COMPANY, INC., and any
successor thereof so designated as a Declarant hereunder, which
successor has purchased all remaining Lots not theretofore sold by
said Declarant (or any successor Declarant) to third party

purchasers. At any time, there shall be only one Declarant
hereunder. At any time, and from time to time, Declarant may
relinquish any one or more of the rights granted to or reserved in
favor of. Declarant in this Declaration by written instrument
recorded in the New Hanover County Public Registry, and from and
after the recording of any such instrument, the Association shall
thereafter have the power to exercise such right and shall
thereafter be responsible for all obligations and liabilities with
respect to such right. At such time as Declarant becomes a "Class
A Member" of the Association as provided for in the By-laws of the
Association, or ceases to be a Member of the Association, whichever
shall earlier occur, all rights granted to or reserved in favor of
Declarant shall be deemed transferred to and exercisable by the
Association, and the Association shall from and after such time be
liable for all actions taken in the exercise of such rights, with
the exception of the right of architectural control provided for in
Article xxl of this Declaration, which shall be relinquished by
Declarant only in the manner and at the time set forth in such -
Article.
Section 4. "Lot" means any plot of land, with delineated boundary
lines, shown upon the Map and any other subdivision map of the
Property recorded after the Map is recorded. In the event any Lot
is increased or decreased in size by re -subdivisions or through
recordation of new subdivision plats, any such newly plotted lot
shall thereafter constitute a Lot for the purpose of this
Declaration.
Section 5. "Map" means that certain map
of the Existing
Property
as recorded in
Map Book at Page
in the New
Hanover
County, North
Carolina, Public Registry,
and the maps)
of any
additions to
the Existing _Property which
may be recorded by
Declarant in
the New Hanover County,
North Carolina,
Public
Registry.
Section '6. "Member" means every person or entity who holds
membership in the -Association.
Section 7. "Mortgage" means any mortgage or deed of trust
constituting a recorded first lien on a Lot.
Section 8. "Mortgagee means the owner and holder of a mortgage, at
the time such term is being applied.
Section 9. "Owner" means the record owner, whether one or more
person or entity, of fee simple title to any Lot which is a part of
the Property, including contract sellers and owners of any equity
or redemption, but excluding those having such interest in a Lot
3

solely as security for the performance of an obligation.
Section 10. "Public Right of Way" means any streets and alleys
marked as such on any Map of the Property and/or designated by
Declarant as Public Right of Way.. The Public Right of Way shall
include all paved portions of such streets, adjoining curbs and
gutters, irrigation systems, all storm drains, sanitary sewer
lines, and other utility facilities installed therein or
thereunder, all . landscaped medians therein, and adjoining
landscaped areas within the full width of the rights -of --way of the
Public Right of Way as shown on any Map or as designated in writing
by Declarant.
Section 11. "Property" means the "Existing Property" described in
Article 1, Section 1 hereof, and any additions thereto, as are or
shall become subject to this Declaration and any Supplementary
Declaration under -the provisions of Article I, Section 2 hereof.
ARTICLE ITT
ARCHITECTURAL CONTROL
Section 1. Duration of Control. Because Declarant may develop
areas adjoining the subdivision and bring same within the scheme of
this Declaration. Declarant shall retain the right of architectural
control as provided for in this Article III for twenty (20) years
from the date of filing of this Declaration even though the
Declarant at the time of any exercise of such control may own no
Lot. However, the Declarant -may, at its sole option, surrender
such right of architectural control at any time by a duly recorded
written instrument, and, at such time, the Association shall have
the power through an additional duly recorded written instrument to
appoint an architectural review board (the "Architectural Review
Board"), which Architectural Review Board, if so appointed, shall
have the right of architectural control as described in this
Article, and shall retain such right until said Architectural
Review Board is terminated by a duly recorded written instrument --
executed by the Association.
Section 2. Extent of Control. No building, garage, fence, wall,
sidewalk, hedge, mass planting, change in grade or slope, side
preparation, swimming pool, tree house, childern's play house,
sign, exterior illumination, monument or marker, driveway, utility
facility, Mailbox, well, tennis court, patio, deck, dock or pier,
shrubbery, landscaping, or any other structure or improvement
("Improvements") shall be conunenced, erected or maintained upon any
Lot nor shall any exterior addition, change or alteration therein
4

(including change of color) be made without the prior written
approval or Declarant in its sole discretion. The areas over which
Declarant shall have control shall include, but shall not be
limited to, the size and plan of the principal residential
structure, the location of the principal residential structure on
the Lot, the size and plan of any attached or unattached garage or
other building, the location and manner of construction of any
driveway, swimming pool, utility facility, patio, mailbox, driveway
and landscaping monuments and markers or any other exterior
improvements, the composition and color of all material used on the
exterior of any structure and the location and type of any
shrubbery. Declarant shall also have control over the removal of
any tree or other vegetation from any Lot and no party shall grade,
excavate upon or otherwise alter the topography of any Lot or
remove any tree or other vegetation therefrom without obtaining the
prior written approval of Declarant in accordance with its general
plan of development. The Declarant reserves the right to control
absolutely and solely and decide the precise site and location of
any house or dwelling or other structure upon all Lots, provided
however, that such locations shall be determined only after
reasonable opportunity is afforded the Lot Owner to recommend .a
specific site.
Section 3. Procedure. Any party requiring approval of any
proposed Improvements to any Lot shall submit to Declarant plans
and specifications showing in such detail and manner as Declarant
shall require the nature shape, height, color, material and
location of any such improvements. Declarant, in its sole and
absolute discretion, may require in particular instances that such
plans and specifications be accompanied by a plat prepared by a
registered surveyor showing the location of the proposed
Improvements on the Lot. All decisions by Declarant shall be based
on Declarants discretionary, determination as to whether any
particular Improvement, is ,suitable and harmonious with the
development of the Property. Declarant's approval or disapproval
of any proposed Improvement shall be in writing. In the event that
Declarant fails to approve or disapprove any such proposed
Improvement within thirty (30) days after plans. and specifications
in such detail as Declarant may require have been received by it,
such plans and specifications shall be deemed approved. Subsequent
to the approval of any plans and specifications, the Owner shall
have the responsibility for making such Improvements in accordance
with the plans and .specifications as approved. Approval by
Declarant of any proposed Improvements shall not constitute or be
construed as approval of the structural stability, design, or
quality of any Improvement or the compliance of any such
Improvement with applicable laws and codes. Refusal or approval of
plans, specifications or location may be based upon any grounds,
5

including purely aesthetic considerations, which in the opinion of
and the. sole and uncontrolled discretion of Declarant shall be
deemed sufficient.
In the event any Owner violates the terms of this ,Section,
Declarant or its duly appointed agent shall, after thirty (30) days
written notice to Owner to cure such violation and failure of Owner
to so cure, be entitled to enter upon the Lot(s) of Owner and cure
such defect including the removal of any Tmprovements built in
violation hereof, all at the cost and expense of Owner.- Any costs
and expenses incurred by Declarant or such duly -appointed agent in
connection with the cure of any such violation shall be a lien upon
such Lot(s), and upon the failure of such Owner to reimburse
Declarant or such agent for such cots and expenses upon demand,
Declarant or such agent may enforce such Lien against such Lot(s)
in the same manner as is provided for enforcement of the -
Association's lien for non-payment of assessments as provided for
in Article VII, Section 8, hereinbelow. This right of the
Declarant or its agent shall be in addition to all other general
enforcement rights which the Declarant may have for a breach or
violation of the terms of this Declaration and shall not be deemed
a trespass by Declarant or its agents_ Declarant reserves the
right for reasonable needs, but shall not be obligated, to waive in
writing any violation of this provision.
ARTICLE IV
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
Section 1. Rules and Regulations. The Board of Directors of the
Association shall have -the power to formulate, amend, publish and
enforce reasonable rules and regulations concerning the use and
enjoyment of the Common Areas. Such rules and regulations,'along
with all policy resolutions and policy actions taken by the Board
of Directors, shall be recorded in a Book of Resolutions that shall
be maintained in a place convenient to the Owners and available to
these for inspection during normal business hours.
Section 2. Use of Lots
family residential lots
The Developer may use o
for sales purposes. ThE
or prohibit offices wit
open to the public or hE
convenience.
All lots and buildings shall be single -
and shall be used for residential purposes.
ae or more homes for offices and/or models
foregoing shall not be construed to limit
-yin the home provided said offices are not
!ld out to be for public visitation, use or
Section 3. Subdivision of Lots. No Lot shall be subdivided by
sale or otherwise so as to reduce the total Lot area shown on the
6

Map, except by and with. the written consent of the Declarant and
provided same is also permitted under applicable governmental
regulations and private restrictions affecting said Lot. However,
Declarant hereby expressly reserves unto itself, its successors and
assigns, the right to re -plat any two or more Lots shown on the
plat of any subdivision of the Property or Additional Property in
order to create one or more modified Lots; to further subdivide
tracts shown on any such subdivision plat into two or more Lots; to
recombine one or more tracts or Lots or a tract and Lots to create
a larger tract; to eliminate from this Declaration Lots that are
not otherwise buildable or are needed for. access, or for use as
private roads or access areas, and to take such steps as are
reasonably necessary to make such re -platted Lots or tracts
suitable and fit as building sites or access areas or roadways,
said steps to include, but not limited to, the relocation of
easements, walkways, and rights of way to conform to the new
boundaries of the said re -platted Lots.
Section 4. -Right of First Refusal Respectincj Unimproved Lots.
Before any unimproved Lot may be sold or resold to any person, firm
or corporation by any Owner thereof except Declarant or its
successors, the Owner of such Lot first shall offer in writing to
sell the Lot to Declarant, at a price and on,terms designated by
said Owner. If Declarant does not accept or reject in writing said
offer of sale within seven (7) days of its receipt of the same,
then the Owner of such Lot shall have the right to sell the Lot to
any third party; provided, however, the sale of said Lot to.such
third party shall be at a price and on terms and conditions not
less favorable to said.Owner than the offer made to Declarant, and
the closing of the sale of such Lot must occur within six (6)
months after the offer by Owner to sell the Lot to Declarant. Any
sale of a Lot at a price or on terms and conditions less favorable
to said Owner than the offer made to Declarant, or which closes
more than six (6) Months after the offer made by such Owner to
Declarant, will require separate compliance with the foregoing
provisions of this Article IV, Section 4.
Section 5. Reserved Utility Easements. In addition to the
easements reserved on the Map, the Declarant reserves for itself,
and its successors and assigns, a permanent easement in and the
right at any time in the future to grant a permanent right of way
over, 'under and along an area uniformly ten (10) feet in width
along the front lines of each Lot for the installation and
maintenance of poles, lines, conduits, pipes and other equipment
necessary or useful for furnishing electrical power,,gas, water,
sewer, telephone service and other utilities and drainage
facilities. Within such areas no structures, plantings, fences or
7

other material shall be placed or permitted to remain, which may
damage or interfere with the installation or maintenance of
utilities or which may obstruct or retard the flow of water through
drainage channels in such areas. The area of each Lot containing
the easement and all improvements thereon shall be maintained
continuously by the Owner of the Lot except for those improvements
for which a public Authority or utility company is responsible.
Section 6. Reserved Drainage Easements. In addition to the
easement reserved on the Map, the Declarant reserves for itself,
and its successors and assigns, a permanent easement in and the
right at any time in the future to grant a permanent right of way
over, under and along an area uniformly thirty (30) feet in width
along the rear lines of each Lot; and twenty (20) feet in width
centered along the dividing line between Lots 2 and 3, and Lots 4
and 5 (being ten (10) feet in .width along each said side Lot
lines); as well as the ponds and within the Existing CP&L Easements
for the installation and maintenance of conduits, pipes and other
equipment necessary or -useful for furnishing drainage facilities.
Within such areas no structure, plantings, fences or other material
shall be placed or permitted to remain which may damage or
interfere with the installation or maintenance of said drainage
facilities or which may obstruct or retard the flow of water
through drainage channels - in such areas. The area of each Lot
containing the drainage easement and all improvements thereon shall
be maintained continuously by the Owner of the Lot except for those
improvements for which a public Authority or utility company is
responsible.
Section 7. Easements Reserved for the Association. The
Association is hereby granted an easement for the installation and
maintenance of all of the Common Areas.
Section B. Exterior Lights. All light bulbs or other lights
installed in any fixture located on the exterior of any building or
on any Lot shall be clear, white or non -frost lights or bulbs, and
shall be low level .(not fluorescent, neon, etc.-). No street lights
or other high intensity lights are permitted.
Section 9. Electrical Power. The Declarant reserves the right, at
its option, to subject the Property, or any portion thereof, to a
contract with Progress Energy Corporation which may require a
continuing monthly payment to Progress Energy Corportion by the
Association.
Section 10. Approval of Plans. Front, rear and side elevations,
together with specifications on the exterior siding, square
footage, windows, doors, roofing and exterior colors must first be
9

submitted to Declarant for review and approval prior to the
beginning of any construction, to include site work. All buildings
must 'be stick built and 'have a crawl space or raised slab of a
minimum of eighteen (18) inches.,' Mobile homes, modular homes and
any other structure that is riot stick built on the Lot are
absolutely prohibited.
Section 11. Minimum House Size. A house shall contain not less
than 1,600 square feet of heated living area. However, it is
expressly understood and agreed that Declarant, in its sole
discretion, may approve a 10 percent variance.
Section 12. Building Placement. Since the establishment of
inflexible building setback lines for location of houses on lots
tends to force construction of houses directly to the side of other
homes, with detrimental effects on privacy, view, preservation of
important trees and other vegetation, ecological and related
coriside.rations, the site and location of any house or dwelling or
other structure upon any lot shall be controlled by and must be
approved absolutely by the Declarant. Notwithstanding the
foregoing, the. minimum front setback of any dwelling shall be
thirty (30) feet; the minimum side setback shall be ten (10) feet;
and the rear setback. shall be thirty five (35) feet. Detached
garages or out buildings shall have a minimum front setback of
seventy five (75) feet.
Section,13. Building CouiDletion. The exterior of all houses and
other structures must be completed within twelve (12) months after
the construction of same shall have commenced, except where such
completion is impossible or would result in great hardship to the
Owner of builder, due to strikes, fires, national emergency or
natural calamities.
Section 14. Number of Dwellings and Height. No structure shall be
erected, altered, placed or permitted to remain on any Lot, except
one single-family dwelling not to exceed two -and -a --half stories in
height, unless the Declarant or its successor, as the case may be,
approves in, writing a structure of more than two -and -a -half
stories, and one or more small accessory buildings which may
include a detached private garage or -guest facilities.
Section 15. Limitations on�Impervious Surfaces_ All Lots are
subject to the State of North Carolina rules and regulations
concerning storrnwater runoff as those rules and regulations are
amended from time to time. The maximum allowable built -upon area
per lot is 4,000 square feet. This allotted amount includes any
built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the
0

edge of the pavement. Built -upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools. Declarant
reserves the right to recalculate the maximum allowable built -upon
area in accordance with the stormwater runoff rules and regulations
of the State of North Carolina with the approval of State of North
Carolina, Division of Water Quality. All runoff from the built -
upon area on the lot must drain into the permitted system. This
may be accomplished through providing roof drain gutters which
drain to 'the street, grading the lot to drain toward the street, or
grading the perimeter swales to collect lot runoff and directing
them into the stormwater system or into the street. Lots that will
naturally drain into the system are not required to provide these
additional measures. Drainage swales or drainage patterns used to
treat stormwater runoff as required by the rules and regulations of
the State of North Carolina may not be filled in, piped or changed
without the consent of the Declarant, its designee, the
Association, or the --State of North Carolina 'and shall be maintained
as provided herein. For curb and gutter projects; no one may pipe,
fill in, or alter any lot line Swale used to meet North Carolina
Stormwater Management Permit requirements. The State of North
Carolina is hereby made a beneficiary of this Declaration to the
extent necessary to maintain compliance with the stormwater
management permit. These covenants are to run with the land and
be binding on all persons and parties claiming under them. The
covenant pertaining to stormwater may not be altered or
rescinded without the express written consent of the State of
North Carolina, Division of Water Quality. Alteration of
the drainage as shown on the approved plan may not take
place without the concurrence of the Division of water Quality.
The foregoing covenants are intended to ensure ongoing compliance
with State Sormwater Management Permit issued by the Division of
Water Quality under NCAC 2H.1000.
Section 16. Outbuildings and Similar Structures. No trailer,
camper or other structure of a temporary nature shall be erected or
allowed to remain upon any Lot and no trailer, camper, shack, tent,
garage, barn, or other structure of a similar nature shall be used
as a residence either temporarily or permanently upon any Lot;
provided, however, that this Section shall not be construed to
prevent the Declarant from permitting any party building a
structure upon any lot Co erect temporary structures during
construction.
Section 1.7. Nuisances and Unsightly Materials. No noxious,
offensive, or illegal activity shall be carried on upon any Lot,
nor shall anything be done thereon which may be or become an
10

annoyance to the neighborhood. No person may keep any animal upon
any part of the Lot except that any Owner then. occupying a
residence upon a Lot may keep customary household pets upon such
Lot provided that such pets are riot kept, bred or maintained for
any commercial purposes or in such a manner as to become a nuisance
to the other Owners. or residents of the subdivision and provided
that such pets are kept in accordance with county ordinances and
leash laws. No domesticated farm animal or fowl shall: be kept on
any part of the Property. No hunting for any bird or animal shall
be permitted on any part of the Property.
All service utilities, fuel tanks and wood piles are to be enclosed
within a wall or plant screen of a type and size approved by the
Declarant or its successor, so as to preclude the same from causing
an unsightly view from any street or way within the Property or
from any other residence within the Property. No fences shall be
placed or permitted to remain on any lot without approval of the
Declarart .
Section 18. Maintenance of Lots. Each Owner shall keep his Lot in
an orderly condition and shall keep the Improvements thereon in a
first class and suitable state of repair promptly repairing any
damage thereto by fire or other casualty. It shall be the
responsibility of each Lot owner to maintain the berm, 'if any,
located on the Lot. No clotheslines may be erected or maintained
on any Lot. No Lot shall be used in whole or in part for storage
of rubbish of any character whatsoever or for the storage of any
property or thing that will cause any noise that will disturb the
peace and quiet of the occupants of surrounding Lots, and no trash,
rubbish, stored materials, wrecked or inoperable vehicles or
similar unsightly items shall be allowed to remain on any Lot
outside an enclosed structure; provided, however, that the
foregoing shall not be construed to prohibit temporary deposits of
trash, rubbish or other debris for collection by governmental or
d other similar garbage antrash removal units. Each Owner shall
provide suitable receptacles for trash, rubbish, garbage or ashes,
and such receptacles shall be located in a screened area not
generally visible from the road, the adjoining Lots or from Common
Areas. In the event that any owner fails or refuses to comply with
any of the foregoing, the Declarant relay demand that the Owner
promptly comply with the same by mailing a notice thereof to the
Owner at has address specified in the records of the Association
and by posting such notice on the Lot. If the Owner has not
complied therewith within five (5) days thereafter, the Declarant
may enter and correct the same at Owner's expense. Each Owner by
acquiring a Lot(s) subject to these restrictions, agrees to pay
such cost promptly upon demand by Declarart. Such cost shall be a
lien upon such Owner's Lot(s), and upon the failure of such Owner

to pay such cost to Declarant upon demand, Declarant may enforce
such lien against such Lot(s) in the same manner as is provided for
enforcement of the Association's lien for non-payment of
assessments as provided for in Article VII Section 8, herein below.
No such entry as provided herein shall be deemed a trespass.
Section 19. Preservation of Trees, Natural _Buffer. All
landscaping, tree cutting an site preparation work to be performed
shall be approved by the Declarant prior to any such landscaping,
tree cutting and site preparation work being done. Plans must be
submitted for approval to the Declarant and shall include a site
plan with lot lines, building outlines; driveways and parking
areas. Identification of trees for which removal is requested is
required. Specifically, hardwoods with a caliper of 5 inches or
more may not be cut or removed without the epxress written consent
of the Declarant. Owners are encouraged not to cut any wild olive,
eleagnes, hawapple, hawthorne, dogwood, oak , chinquapin, hickory,
bay, cherry, holly, or cedar trees or shrubs, no matter the
diameter.
Every effort shall be made to preserve existing trees during
construction except those that the owner has the written consent of
the Declarant to remove. Fencing and barricades should be employed
to prevent root compaction. 'gees damaged during construction
should be treated as soon as possible.
If this section or Section 6 is violated and any tree is cut in
violation of this Declaration without the written consent of the
Declarant, the Lot'Owner, by acceptance of his deed of conveyance
and the considerations contained therein and herein, shall pay to
the Declarant the sum of $1,000 for each tree cut in violation of
this Declaration.
Section 20. Mailboxes. Each lot shall have only one (1) mailbox
and one.(I) paper box which shall be mounted on a single post, all
such boxes must be approved by Declarant. Such boxes may be
provided by the Declarant or building contractor. Any such boxes
shall be considered an improvement and must remain with the Lot,
and shall be maintained by the Association. Boxes damaged beyond
repair shall be replaced by the Association at the expense of the
Owner of the Lot.
Section 21. Signboards. No signboard, billboard, or advertising
sign of any description shall be displayed upon or above any Lot by
an Owner, any building contractor or other party with the exception
of the following signs,.none of which may be affixed to a tree:
• Signs stating "For Rent" or "For Sale" which signs shall
12

not exceed
two
feet by
three feet in dimension, shall
refer only
to
the.Lot
on which displayed and shall be
limited to
one
sign per
Lot, and
• Signs stating the name of the resident of any Lot and the
street address, the design of which shall be furnished to
Declarant and shall be subject to approval by Declarant.
• During the. period of construction, the general
contractor's sign, but no subcontractor's sign, shall be
allowed.
Section 22. Antennae.
greater than eighteen
television aerial antE
equipment or devises may
portion of any structure
or within the Property
Declarant.
No satellite dishes or similar structure
L8) inches in diameter nor any radio or
-ina -or any other external electronic
be installed or maintained on any exterior
erected on a Lot or elsewhere upon any Lot
without the prior written approval of
Section 23. Common Area Alterations. No person shall undertake,
cause, or allow any alteration or construction in or upon any
portion of the Common Areas except at the direction or with the
express written consent of the Association.
Section 24. Lease of Homes. No dwelling unit oil any Lot shall be
leased for transient or hotel purposes, nor may any Owner lease
less than the entire dwelling unit, nor shall any lease be for any
period of less than six (6)•months. Any lease must be in writing
and provide that the terms of the lease and occupancy of this
dwelling shall be. subject in all respects to the provisions of the
Declaration, the By -Laws and Rules and Regulations of the
Association and that any failure of any lessee to comply with the
terms of such documents shall constitute a. default under the lease.
Section 25, Parking Rights and Restrictions. Adequate off-street
parking shall be provided by the Owner of each Lot for automobiles
and other vehicles owned and controlled by such Owner, members of
the Owner's family or guests and invitees of the Owner.
Section 26. Driveways. All driveways shall be constructed of
concrete or other material as may be approved by Declarant.
ARTICLE V
THE ASSOCIATION
13

Section 1. Association Membership. Every Owner of a Lot shall be
a member of the Association which Declarant may organize at a time
of its choosing. Membership shall be appurtenant to and may not be
separated from ownership of any Lot. When more than one person
holds an interest in any Lot, all such persons shall be Members.
The vote for such Lot shall be exercised as they among themselves
determine, but in no event shall more than one (1) vote be cast
with respect to any Lot_
Section 2. Avai.lability of Documents. The Association shall
maintain current copies of the Declaration, the By -Laws and other
rules and regulations concerning the Property as well as its own
books, records, and financial statements, available for inspection
by all Owners, mortgagees, and insurers and guarantors of
Mortgages, upon reasonable notice and during normal business hours.
In addition, any Mortgagee may, at its -own expense, have an audited
statement prepared with respect to the finances of the Association.
ARTICLE VI
COMMON AREA
PROPERTY RIGHTS AND OBLIGATIONS
Section 1. Owner's Easements of Enjoyment. Every Owner shall have
a right of enjoyment and easement in and to all Common Areas, which
right and easement shall be appurtenant to and shall pass with the
title to every Lot, subject to and in accordance with the terms and
provisions of this Declaration, including without limitation the
following provisions:
a. The right of the Association to suspend the voting rights
and enjoyment rights of an Owner for any period during which any
assessment against his Lot remains unpaid; and for a period not to
exceed sixty (60) days for any infraction of its published rules
and regulations.
b. The right of the Association to dedicate or transfer all
or any part of the Common Area to any public agency, authority, or
utility for such purposes and subject to such conditions as may be
agreed to by the Members. No such dedication or transfer shall be
effective unless the Members entitled to at least a majority of the
votes appurtenant to all Lots agree to such dedication or transfer
and signify their agreement by a signed and recorded written
document, provided that this subsection shall not preclude the
Board of Directors of the Association from granting easements for
the installation and maintenance of sewerage, utilities and
14

drainage facilities upon, over, under and across the Common Area
without the assent of the membership when such easements, in the
opinion of said Board, are requisite for the convenient use and
enjoyment of the property.
c_ The right of the Association, with the assent of Members
entitled to at least two-thirds (2/.3) of the votes appurtenant to
all Lots, to mortgage, pledge, deed in trust, or otherwise
hypothecate any or all of its real or personal property as security
for money borrowed or debts incurred
Section 2. Deleaation of use.
a. Family. The right and easement of enjoyment granted to
every Owner in Section 1 of this Article may be exercised by any
ITiembers'of the Owner's family who occupy the residence of the Owner
within the Property as their principal residence -in new Hanover
County, North Carolina.
b. Tenants or Contract Purchasers. The right and easement
of enjoyment granted to every Owner in Section 1 of this Article
may be delegated by the owner to his tenants or contract purchasers
who occupy a residence within the Property as their principal
residence in new Hanover County, North Carolina.
Section 3. Maintenance Responsibility of „Association. The
Association shall have the responsibility of maintaining in good
condition all Common Areas, including roadways, Private Streets,
the entrance to Upper Reach Extension, plantings and shrubbery,
amenities, or other facilities or improvements constructed thereon,
and shall pay all costs of operation thereof, including premiums
associated with general liability insurance insuring the
Association from liability arising from ownership and operation
thereof which the Board of Directors may elect to purchase.
Further the Association shall be responsible for adopting rules and
regulations governing utilization of all Common Areas. The
Association shall be obligated to accept ownership of all Common
Areas designated on the Map or any other Property that by
Supplementary Declaration is made subject to this Declaration. To
the extent necessary, the Association may employ personnel
necessary -to perform its obligations.
The specific maintenance and upkeep obligations of the Association
with respect to Lots include maintenance of mailboxes and paper
boxes. Boxes damaged beyond repair shall be replaced by the
Association at the expense of the Owner of the Lot.
15

The Association shall have no obligation to maintain the exterior
of any building, or any other improvements -on any Lot. The owner
of each Lot shall have an affirmative obligation to maintain the
Lot and the exterior appearance of all buildings, structures, and
improvements as -provided in Article IV, Section 18, hereof.
Section 4. Private Right of Way. As is indicated hereinabove, the
Private Right of Way shall be part of the common Area until same is
accepted as a Public Right -of -Way by the State of North Carolina.
The Private Right of Way have been initially constructed by
Declarant and are intended for the use and benefit of all Owners,
their guests, employees, tenants and invitees for the purpose of
ingress, egress and regress from portions of the Property to public
streets by vehicle or otherwise. Neither the inclusion of the
Private Right of Way on the Map nor the dedication of the Private
Right of Way for the use and benefit of the Owners shall be
construed to be an offer to dedicate the Private Right of Way for
public use. The Association shall, at its own expense, operate,
repair, maintain, and reconstruct the Private Right of Way,
including all paved portions thereof, all curb and gutter, all
irrigation systems, and all storm drains, sanitary sewer lines, and
other utility facilities installed therein or thereunder, all
street signs and related improvements, and all landscaped medians
therein until same are dedicated for public use. The Association
shall have the right to establish rules and regulations goverr_ing
the use of the Private Streets, including establishing speed limits
thereon. Notwithstanding the foregoing, it shall be the owner's
responsibility to maintain that portion of the private Right of Way
between the front boundary of the Lot and the paved street portion
of the Private Right of Way_
ARTICLE VII
COVENANT FOR ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of
Assessments. Every Owner of any Lot by acceptance of a deed
therefore, whether or not it .shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association: (1) general
assessments or charges and (2) special assessments for capital
improvements, such assessments to be established and collected as
hereinafter provided. Any such assessment or charge, together with
interest, -costs and reasonable attorney fees, shall be a charge on
the land and shall be a continuing lien upon the property against
which each such assessment is made. Each such assessment, together
with interest, costs and reasonable attorney fees, shall also be
the personal or corporate obligation of the person(s), firm(s), or
corporation(s) owning such Lot at the time when the assessment fell
IN

due, but such personal obligation shall not be imposed upon such
Owner's successors in title unless expressly assumed by them.
The Declarant is riot required to pay general or special assessments
to the Association for unsold lots, and nothing in this Article
shall be construed to require such payments.
Section 2. Purpose of Assessments. The assessments levied by the
Association shall be used exclusively to promote the health, safety
and welfare of the residents of the Property and in particular for
the operation and maintenance of - the Common Areas. The assessments
shall also be used for the acquisition, improvement and maintenance
of properties, services, utilities and facilities related to the
use and enjoyment of the Property, the Lots and in particular, the
Common Areas, including, but not limited to: the cost of all
repair, replacement and additions thereto; the cost of operating
and maintaining the Private Streets; the cost of labor, including
the cost for providing a guard for the guardhouse if a guardhouse
is'built by or for the Association as a capital improvement with a
special assessment as provided in Section' 4 hereof; equipment;
materials, management and supervision thereof; the payment of taxes
assessed against the Common Areas; the procurement and maintenance
of insurance as permitted or required under the terms of this
Declaration or the By -Laws, including without limitation casualty
insurance on the Common Area, or any portion thereof, general
liability insurance with respect to the Property, and directors'
and officers' 'liability insurance for the directors and officers,of
the Association, any or all of which coverages the Association is
hereby expressly authorized to obtain and maintain in such amounts
as the Board of Directors shall deem prudent and reasonable; the
employment of attorneys to represent the Association when
necessary; payments of principal and interest on funds borrowed for
Association purposes; and such other needs as may arise.
Section 3. Initial General Assessment. The initial general
assessment, due and payable to the 'Association, shall be prorated
.and paid at the time of closing of the purchase of a Lot by an
Owner, so that all payments thereafter shall be due on January 1 of
each year, or the due date(s) which may be set by the Board of
Directors as is more fully set forth in Section 7 of this Article.
All general assessments shall be fixed at a uniform rate for all
Lots.
Section 4. Special Assessments for�Capital Improvements. In
addition to the annual assessments authorized above, the
Association may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying, in whole
or in part, the cost of any construction, repair, or replacement of
17

any common amenities, private utility facilities, or capital
improvements, repayment of indebtedness or interest thereon,
borrowing of funds to make property comply with zoning ordinances,
borrowing of money for capital improvement or pledging or
mortgaging of Association property as security for loans, including
fixtures and personal property related thereto, provided that any
such assessment shall be approved by no less than a majority of the
votes of the Members of the Association. All special assessments
shall be fixed at a uniform rate for all Lots.
Section 5. Working Capital Assessment.. At the time title is
conveyed to an Owner by Declarant, the Owner shall contribute to
the -Association as a working capital reserve an amount equal to
$200.00. Such funds shall be used for initial operating and
capital expenses of the Association, such as prepaid insurance,
supplies, and furnishings, fixtures and equipment for the cormiion
areas, etc_ Amounts paid into the working capital fund are not to
be considered as advance payment of general assessments. Any
remaining working capital funds shall become part of the general
operating funds of the Association.
Section 6. Notice and Quorum Tfor Any Action Authorized Under
Section 4. Written notice of any meeting called for the purpose of
taking any action authorized under Section 4 hereof shall be sent
to all Members not'less than thirty (30) days nor more than sixty
(60) days in advance of the meeting. At the first such meeting
called, the presence of Members owning one-half (1/) of the Lots, or
of persons holding proxies entitled to cast one-half,(1/) of all the
votes appurtenant to all Lots, shall constitute a quorum. If the
required quorum is not present, subsequent meetings may be called
subject to the same notice requirement, until the required quorum
is present. No such subsequent meeting shall be held more than
sixty (60) days following the preceding meeting.
Section 7. Date of Commencement of General Assessments and Due
Dates. The general assessments provided for herein shall commence
as to each Lot on the date of conveyance of each Lot to an Owner
other than Declarant. Each Lot owned by Declarant shall be exempt
from,any assessment unless a residence is constructed thereon, in
which case an assessment shall be due from and after the date of
issuance of a certificate of occupancy for such residence. The
first general assessment shall be adjusted according to the number
of months remaining in the calendar year. The Board of Directors
shall fix the amount of the general assessment against each Lot at
least thirty (30) days in advance of each general assessment
period. Written notice of the general assessment shall be sent to
every Owner. The due dates shall be established by the Board of
IN

Directors. The Board of Directors shall require the' general
assessments to be paid at least annually but may require the
general assessments to be paid more often. The Association shall,
upon demand, and for a reasonable charge, furnish a certificate
signed by an officer of the Association setting forth whether the
assessments on a specified Lot have been paid.
,Section 8. Effect of Nonpayment of Assessments; Remedies of the
Association. Any assessment not paid within thirty (30) days after
the due date shall bear interest from the due date at the highest
rate allowed by law. The Association may bring an action at law
against the Owner personally obligated to pay the same or foreclose
the lien against such Owner's Lot in the same manner as is provided
in the North Carolina General Statutes for foreclosure of mortgages
under power of sale, and reasonable attorney 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 assessments
provided for herein by non-use of the Common Area of abondoiiment of
his Lot.
Section 9. Subordination of the Lien to Mortaaaes. The liens
provided for herein shall be subordinate to the lien 'of' any
Mortgage. Sale or transfer of any Lot shall riot affect any
assessment lien. However, the sale or transfer of any Lot the is
subject to any Mortgage pursuant to a foreclosure thereof or any
proceeding in lieu of foreclosure thereof, shall extinguish the
lien of such assessments as to the payment thereof which became due
prior to such sale or transfer. No such sale or transfer shall
relieve such Lot from liability for any assessments thereafter
becoming due or from the lien thereof, but the liens provided for
herein shall continue to be subordinate to the lien of any
Mortgage.
Section 10. Exempt Property. Each Lot owned by Declarant shall be
exempt from any assessment unless a residence is constructed
thereon. All property dedicated to, and accepted by, a local
public authority and all properties owned by a charitable or non-
profit organization exempt from taxation by the laws of the State
of North Carolina shall be exempt from the assessments created
herein. However, no land or improvements devoted to dwelling use
shall be exemp-I from said assessments.
ARTICLE VIII
General Provisions
Section 1. Enforcement. The Declarant, the Association, or any
Owner shall have the right to enforce by any proceeding at law or
9

equity all conditions, covenants; and restrictions now or hereafter
imposed by the provisions of this Declaration. Failure by such
party to enforce any such covenant, condition or restriction herein
contained shall in no event be deemed a waiver of the right to do
so thereafter.
Section 2. Severability. Invalidation of any one of the
covenants, conditions or restrictions of this Declaration by
judgment or court order shall in no way affect any of the other
provisions not expressly held to be void. Arid such remaining
provisions shall remain in full force and effect.
Section 3. Amendment. The covenants, conditions and restrictions
of this Declaration shall run with -the land and bind the Owners of
Lots for a period of twenty (20) years from the date this
Declaration is recorded, after which time such covenants,
conditions and restrictions shall be automatically extended for
successive periods of ten (10) years unless terminated or altered
by a vote of seventy. percent (70%) of the Owners after the
expiration of said twenty (20).year period. This Declaration may
be amended during the first twenty (20) year period by an
instrument signed by the Declarant and the Owners c'f not less than
seventy percent (70%) of the Lots,. thereafter by an instrument
signed by the Owners of not less than seventy percent (70%) of the
Lots. Any amendment must be properly recorded_ For the purpose of
this Section, an addition to the Existing Property as provided in
Article I, Section 2 hereof shall not constitute "amendment".
Section 4. Additional Property: In the future, the Declarant may
or may not develop additional property in the vicinity of the
Property. In such event the Declarant may, in its sole and
absolute discretion, either annex such additional property to the
Property by recorded instrument, as hereinabove described, in which
case each lot within the annexed area shall be considered a Lot
hereunder, or Declarant may separately impose the same, additional,
or lesser restrictions on such additional property or may impose no
restrictions whatsoever on the development of such additional
property. Nothing herein contained shall be construed to impose
any restrictions on or easements in any land or property now or
hereafter owned by the Declarant, other than the Property.
Section 5. Waiver_ of Unintentional Violations. Declarant reserves
the right, but shall not be obligated, to waive in writing any
violation of the designated and approved building location .line or
either side Lot line, provided that such violation does riot
exceeded ten percent (100) of the applicable requirements and the
violation thereof was unintentional.
20

IN WITNESS WHEREOF, the Declarant has caused this instrument
to be executed and sealed as 'of the day and year first above
written.
Galarde L Company, Inc.
By: (SEAL)
John Galarde, President
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, Alan M. Solana, a Notary Public of the aforesaid County and
State, do hereby certify that John Galarde, personally appeared
before me this day and acknowledged that he is President of Galarde
& Company, Inc., a North Carolina corporation, and that he, as
President, being. authorized to do so, executed the foregoing on
behalf of the corporation
Witness my hand and notarial seal,
2003.
this the day of
Notary Public
My Coxrunission Expires: May 30, 2004
(AFFIX SEAL)
21

EXHIBIT "A"
To arrive at the true point of beginning commence at the
intersection of the centerline of Upper Reach Drive (50 foot right--
of-way) with the centerline of Mackenzie drive (60 foot right-of-
way) as shown on a map of "Revised map of Survey of Phase 1, Upper
Reach" recorded in Map Book 31 at Page 241 of the New Hanover
County Registry. Said point being on a curve having a radius of
310.00 feet. Go thence along the centerline of said Upper Reach
Drive, to a point at the northerly end of said curve that is North
39 degrees 13 minutes 22 seconds West a chord distance of 112.39
feet from the preceding point. Go thence North 49 degrees 39
minutes 37 seconds West 254.29'feet, along the centerline of said
Upper Reach Drive, to a point on the northerly end of the right-of-
way of said Upper Reach Drive, as shown on said map recorded in Map
Book 31 at Page 241 of said Registry, THE TRUE POINT OF BEGINNING.
Running thence from said beginning point:
I. South 58 degrees 35 minutes 19 seconds West 186.68 feet, along
the northerly'right-of-way line of Upper Reach Drive and along
the northerly line'of Trot 1, of said Upper Reach, as shown on
said recorded map to a point on the easterly right-of-way line
of Beasley Road (60.foot right-of-way); thence
2. North 19 degrees 04 minutes 57 seconds West 153.61 feet, along
the easterly right-of-way line of said Beasley road to a point
on the southerly end of a curve having aradius of 294.69
feet; thence
3. With the arc of last.said curve and with the easterly right-
of-way line of said Beasley Road, as it curves to the East to
a point at the northerly end of said curve that is North 01
degrees 29 minutes 15 seconds East a chord distance of 277.37
feet, from the preceding point. Last said point being on the
southerly end of a curve having a radius of 526.17 feet;
thence
4. With the arc of last said curve and with the easterly right-
of-way line of said Beasley Road, as it continues curving to
the East, to a paint that is North 27 degrees 41 minutes 28
seconds East a chord distance of 105.14 feet, from the
preceding point Last said point being at the westernmost
corner of Beasley Village, as shown on a map recorded in Map
Book 41 at page 93 of said Registry; thence
5. South 49 degrees 26 minutes 12 seconds East 459.50 feet along
the southerly. line of said Beasley Village, and beyond to a
point at the northernmost corner of Lot 47, of said Upper
22

Reach, as shown on said map recorded in Map. Book 31 at page
241; thence
6. South 58 degrees 35 minutes 19 seconds West 229.18 feet, along
the northerly line of said Lot 47, and along the northerly
right-of-way line of said Upper Reach Drive, to the point of
beginning.
Subject however to a right-of-way easement to Carolina Power
& Light Company, 45 feet in width which is adjacent to the
southerly line of the above described tract and subject to easement
of record.
The same being that tract
shown as "Future
Development"
on said map
of Upper Reach, .recorded
in Map Book 31
at Page 241
of the New
Hanover County Registry.
Also being the same property
conveyed to
Galarde & Company, Inc.
from RBJ Inc.
by Warranty
Deed dated
September 5, 2003 and recorded in Book
3998, Page 910-913,
New
Hanover County Registry.
23

BY-LAWS
OF
UPPER REACH EXTENSION OWNERS ASSOCIATION, INC.
ARTICLE I
General
A. Principal Office: The principal office of UPPER REACH
EXTENSION OWNERS ASSOCIATION., INC. shall be located at 6800
Wrightsville Avenue, Suite 12, Wilmington, North Carolina 28403.
B. Registered Office: The registered office of the
association, which by law is required to be maintained in the State
of North Carolina, shall be located at 6800 Wrightsville Avenue,
Suite 12, Wilmington, North Carolina 28403, or at such other place
within the State of North Carolina as may, from time to time, be
fixed and determined by the Board of Directors.
C. Other Offices: The association may have offices at such
other places, either within or outside the State of North Carolina,
as the Board of Directors may from time to time determine.
D. Definitions: As used herein, the term "Association" is as
defined in the Declaration of Covenants, Conditions and
Restrictions for Castle Oaks Subdivision (hereafter "Declaration of
Restrictions"), recorded, in the New Hanover County Registry; all
definitions set forth in that Declaration, to which these By -Laws
are attached, shall be applicable herein, unless otherwise defined.
As used in these By -Laws, "common areas and facilities" shall
include the portion of the Property owned, in undivided interest,
by all the Owners, as set forth in the Declaration of Restrictions
and map of the project _referred to herein below, and any and all

real property, together with improvements, fixtures and
appurtenances thereto, all fixtures and personal property, all
rights and privileges, and such other possessory or use interests
in Land or facilities owned by or available for use by the
Association.
ARTICLE II
Members
A. General: The membership shall mean and refer to every
person or entity who is an owner of a lot in Upper Reach Extension
Subdivision as shown on Map recorded in Map Book , at Page
of the New Hanover County Registry, as defined in -the Declaration
of Restrictions recorded,in the Office of the Register of Deeds of
New Hanover County North Carolina, and • membership in the
Association shall be limited to the owners of those lots.
B. Class: There shall -be only one class of members. The
voting rights of the members shall be as set forth in Article III
of these By -Laws.
C. Transfer of Membership and Ownership: Membership in the
Association may be transferred only as an incident to the transfer
of the transferor's lot, and such transfer shall be subject to the
procedures set forth in the Declaration of Restrictions.
ARTICLE III
Meeting of Members
A. First Annual Meetin : The first annual meeting of the
members shall not take place until the earlier of (1) the transfer
by Declarant of all lots, or (2) notice by Declarant of the annual
meeting,.or (3) the last Saturday in June, 2006.
B. Annual Meeting: The annual meeting of the members
subsequent to the first annual meeting shall be held on the first
Saturday in June- of each year at 9:30 a.m. for the purpose of
transacting business as may- be necessary or appropriate at the
principal office of the Association. If the date of the annual
meeting is a legal holiday, the meeting shall be held at the same
hour on the first day followirig.which is not a legal holiday.
C. Substitute Annual Meeting: If the annual meeting shall
not be held on the day designated by these By -Laws, a substitute
annual meeting may be called in the manner provided for in the call
of the special meeting in accordance with the provisions of Section
D of this Article III and substitute ineetings so called shall be
1)

designated as and shall be treated, for all purposes, as the annual
meeting.
D. S ecial Meetings: Special meeting of the members may be
called at any time by the President or by a majority of the Board
of Directors.
E. Place of Meetings: All meetings of members shall be held
at the principal office of the Association except that a meeting
may- be held at a place, within or outside the State of North
Carolina, as may be designated in a duly executed waiver of notice
of such meeting or as may be otherwise agreed upon in advance by a
majority of the members entitled to vote at such a meeting.
.F. Notice of Meetings: Written Or printed notice stating the
time and place of the meeting shall be delivered no less than
fourteen nor more than thirty days before the date of any members'
meeting, either personally or by mail, by or at the direction of
the -President, the Secretary, or the officers or persons calling
the meeting, to each member 'entitled to vote at such meeting;
provided that such notice must be given not less than twenty days
before the date of any meeting at which a merger or consolidation
is to be considered. If mailed, such notice shall be deemed to be
delivered when deposited .in the United States Mail, addressed to
the member at his address as it appears on the record of members of
the Association, with postage thereon prepaid.
In the case of a special meeting, the notice of meeting shall
specifically state the purpose or purposes for which the meeting is
called; but, in the case of an annual or substitute annual meeting,
the notice of meeting need not specifically state the subject
matter of the business to be conducted.
When a meeting is adjourned for thirty days or more, notice of
the adjourned meeting shall be given as in the case of an original.
meeting. When a meeting is adjourned for less than thirty days in
any one adjournment, it is not necessary to give any notice of the
adjourned meeting other than by announcement at the meeting at
which the adjournment is taken.
G. Voting Lists: At lease ten days before each meeting of
the members the Secretary, of 'the Association shall prepare an
alphabetical list of the members entitled to vote at such meeting,
with the address of each member, which list shall be kept on file
at the registered office of the Association for a period of ten
days prior to such meeting, and shall be subject to inspection by
any member. The aforementioned list shall also be produced and
3

kept open at the time and place of the iiieeting and shall be subject.
to inspection by any member during the whole time of the meeting.
M. Ouorum: Except as otherwise provided by statute, or by
the Charter of the Corporation, or by these By -Laws the presence in
person or by proxy of a majority of the zrrernbers entitled to vote at
the meeting shall be necessary to constitute,a quorum for the
transaction of business. In the absence of a quorum,. a majority in
interest of the members entitled to vote, present in person or by
proxy, may adjourn the meeting from time to time. At any such
adjourned meeting, at which a quorum shall be present, any business
may be transacted which might have been transacted at the meeting
as originally called if a quorum had been there present. The
members present in person or by proxy at a meeting at which a
quorum is present may continue to do business until adjournment,
notwithstanding the withdrawal of enough members to leave less than
a quorum.
I. Voting: There shall be appurtenant to each lot a total of
one vote for the members who are Owners of that lot. It is the
intent that each lot will have only one vote regardless of the
number of members who may claim an ownership interest in that lot.
If more than one person 'or entirety owns a lot, they shall file a
certificate with the Secretary naming „the person authorized to cast --
votes for that lot. If the same is not on file with the Secretary,
the vote of any co-owner present at the meeting shall be accepted
as the vote of all co -owners of each lot.
At any meeting of the members, every member.having the right
to vote shall be entitled to vote in person or by proxy. A proxy
must be in writing and filed with the Secretary not later than the
time that meeting is called to order. Every proxy shall be
revocable and shall automatically be revoked when the person who
appointed.the proxy attends the meeting or ceases to have voting
privileges in the corporation. Votes represented by proxy shall be
counted in determining the presence or absence of a quorum at any
meeting.
J. Informal Action by Members: Any action that may be taken
by the members of a meeting thereof may be taken without a meeting
of the members if a consent in writing, setting forth the action
taken, shall be signed by all of the persons who would be entitled
to vote such action at a meeting and filed with the Secretary of
the Association. Any consent so filed with the Secretary of the
Association shall be filed in the corporate minute book in like
manner as minutes of a meeting. Any such consent shall have the
same force and effect as a unanimous vote of members.
0

A. Order of Business: The order of meetings of the members,
as far as practical, will be:.
1. Roll call and certification of proxies;
2. Proof of Notice of Meeting or Waivers of Notice;
3. Reading of Minutes of prior Meeting;
4. Officers` Reports;
5.- Committee Reports;
6. Approval of Budget;
7. Election of Directors;
8. Unfinished Business;
9. New Business; and
10. Adjournment.
ARTICLE IV
Organization
The property, affairs and business of the Association shall be
managed by a board of Directors, which Board, other that'the first
Board of. Directors, shall be elected by the members of the
Association. The board shall elect officers of the Association,
including a' President, Secretary, and Treasurer, and such other
officers and assistant, officers as, from time to time, may, be
deemed necessary, who shall carry out such functions and duties as
are prescribed by these By -Laws and the Board.
ARTICLE V
Board of Directors
A. First Board: The first Board of Directors shall consist
of one Director, who shall be John Galarde, who shall hold office
and exercise all powers of the Board.
B. Number: Not later than the termination of any perioc of
Declarant control, the lot owners shall elect an Executive Board of
at least three members, all of whom must be lot owners.
C. Term: The first Board of Directors elected by the Members
shall be elected to serve until such time as the annual meeting is
held, and thereafter, for' one year terms, being elected at the
annual meeting of the members.
D. Election of Directors: Except as provided in this
Article, the Directors shall be elected at the annual meeting of
5

members and the persons -who shall receive the highest number of
votes be elected Directors.
F. Cumulative Voting: There shall be no right of cumulative
voting for the election of Directors.
F. Removal of Directors: the Board of Directors or any
individual Director may be removed form office with or without
cause at any meeting, at which a quorum is present, by a vote of a
majority of the members entitled to vote at an election of
Directors. If any or all Directors are so removed, new Directors
may be elected at the saiiie meeting.
G. Vacancies: A vacancy in the Board of Directors created by
an increase in the authorized number of Directors or in the
required number of Directors shall be filled only be election at an
annual meeting -of members or at a special meeting of members called
for,that purpose. Any vacancy in the Board of Directors created
other than by an increase in the number of Directors may be filled
by a majority of the remaining Directors, though less than a
quorum, or by the sole remaining Director. The members may elect
a Director at any time to fill any vacancy not filled by the
Directors. In the event of the resignation of a Director to take
effect at a future date either the Board of -Directors or the
members, at any time after tender of such resignation, may elect a
successor to such Director to take office as of the effective date
of such resignation.
H. Compensation: No compensation shall be paid to members of
the board for services. However any Director may be reimbursed for
his actual expenses incurred in the performance of his duties as
long as such expense receives approval of the Board and is within
the approved Association budget.
T.- Resignations: Any Director may resign at any time by
giving written notice to the President or the Secretary of the
Association. Such resignation shall take effect at the time
specified therein, or if no time is specified therein, at the time
such resignation is received by the President or the Secretary of
the Association.
J. Actions of First Board: The undertakings and contracts
authorized by, and all acts taken by, the first Board of Directors
shall, be binding upon the Association in the same manner as though
such undertakings, contracts and motions had been authorized by a
Board of Directors duly elected by the membership, so long as such
undertakings may be exercised by the Board of Directors of the
0

Association in accordance with all applicable documents and these
By -Laws.
K_ Powers and Duties: All of the powers and duties of the
Association shall be exercised -by the Board of Directors, including
those existing under the common laws and statutes, these By -Laws
and the,Declaration of Restrictions. Such powers and duties shall
be exercised in accordance with said By -Laws and the Declaration of
Restrictions, and shall include., without limiting the generality of
the foregoing, the following powers:
(1) To make, Levy and. collect, regular and special
assessments against the members and Members' lots to
defray the costs of the association and its facilities
and to use said proceeds in the exercise of the powers
•and duties of the Association;
(2) To establish the time within which payment of assessments
are due;
(3) To use and expend the assessments collected to manage,
replace, operate, maintain, care for and preserve the lot
improvements, and common areas and facilities, except
those portions thereof which are required to be managed,
repaired, replaced, operated, maintained, cared for and
preserved by the owners;
(4) To maintain, care for, preserve, repair, replace, operate
and manage the common areas and facilities, whenever the
same is required to be done and accomplished by the
Association for the benefit of its members, and .further
to approve any expenditures made or to be made for the
same;
(5) To purchase the necessary equipment and tools required in
the maintenance, repair, replacement, management,
operation, care and preservation referred to herein;
(6) To enter into and'upon the lots when necessary and at as
little inconvenience to the owner as possible in
connection with such maintenance, care, preservation,
repair, replacement, management and operation;
(7) To insure and keep insured the corrunon areas and
facilities against loss from fire and/or other casualty,
and the lot owners against public liability, and to
purchase such other insurance as the Board may deem
7

_advisable including insurance against Director'-s
liability;
(8) To collect delinquent assessments by suit or otherwise,
abate nuisances and enjoin or seek damages from owners
for violations of these By -Laws, the terms and conditions
of the Declaration of Restrictions, and the Rules and
Regulations of the Association;
(9) To carry out the obligations of the Association under and
restrictions and/or covenants running with the land
submitted to ownership of this Association or its
members;
(10) To designate, as the Board deems appropriate, assigned
parking spaces for each lot, visitors, service vehicles,
and other vehicles;
(11) To compensate, employ, designate and remove personnel
necessary for',the maintenance, repair, management,
operation, care, preservation and replacement of the
.common areas and facilities;
(12) To make, amend, and enforce Rules and Regulations
governing the use of the common areas and facilities and
lots provided that such Rules and Regulations and
amendments thereto do not conflict with the restrictions
and --imitations which may be placed upon the use of such
property under the terms of the Declaration of
Restrictions, to enforce by legal means or pi7oceedirigs,
the provisions of the Rules and Regulations "so
promulgated and to establish, levy, and collect fines,
assessments, and penalties for violations of such Rules
and Regulations;
(13) To impose a special assessment (against any owner), not
to exceed $50.00 for each occurrence, or the violation by
the owner or his guests of any Rules or Regulations
adopted by the Board or the breach of any By -Law
contained herein, or the breach of any provision of the
Declaration of Restrictions. (Such assessment shall be
in addition to any costs incurred -or to be incurred by
the Association as a result of the violation of the rule,
regulation, By -Law or provision;)
(14) If any lessee, renter or guest fails to comply with the
terms of the Declaration of Restrictions,. Rules and
Regulations, or these By -Laws, any written or oral lease

or rental agreement may be terminated and such lessee,
renter or guest may be removed from a lot;
(15) To propose and adopt an .annual budget for 'the
Association;
(16) To reconstruct any part of the common areas and
facilities after casualty and to make further improvement
to the common areas and facilities, real or personal, and
to make and to enter into any, and all contracts,
necessary or desirable, to accomplish said purposes;
(17) To acquire, purchase, operate, rent; lease, manage, and
otherwise trade and deal with property, real and
personal, including lots and improvements (except lots
previously sold and deeded to owners) in the property as
may be necessary or convenient;
(18 )- To acquire now or at any time hereafter, and to enter
into, leases and agreements whereby the Association
acquires ownership leaseholds, memberships, and other
possessory or use interest in lands or facilities
including, but not limited to, swimming pools, tennis
-
courts, decks and other recreational facilities whether
or not contiguous to the lands of the project to provide
-enjoymerit, recreation brother use or. benefit to the
.owners of lots;
(19), To contract for the management of the property and common
areas and facilities and to designate to such contractor
all of the powers and duties of the Association, except
those which may be required by the Declaration of
Restrictions to have approval of the Board of'Directors
or membership of this Association; provided, however,
that all such contracts shall be terminable by either
party without cause upon ninety (90) days written notice;
(20) To pay all taxes and -assessments which are or may become
liens against any part of the common areas and
facilities, other than lots and the appurtenances
thereto, and to assess the same against the members and
their respective lots subject to such liens; and
(21) To grant or withhold approval of any action by one or
more lot bwners or other persons entitled to the
occupancy of any lot which would change the exterior
appearance of any building thereon or of any other
portion of the project, or elect or provide for the
9

appointment of an Architectural Control Committee, the
members of which must have the same qualifications as
officers to grant -or withhold such approval-
L. Liability: The Directors shall not be liable to the
members except for their own individual willful misconduct, bad
faith or gross negligence.
ARTICLE VI
Meeting of Directors
A. First Meeting: The first meeting of each Board newly
elected by,the members shall be held immediately upon adjournment
of the annual meeting at which they were elected, provided a quorum
shall be there present, or as soon thereafter as may be
practicable.
B. Annual Meetings: An annual meeting of the Board of
Directors may be held immediately before the annual meeting of
members.
C. Special Meetings: Special meetings of the Board of
Directors may be called by or at the .request of the President or
-any Director.
.D. Place of Meetings: All meetings of the Board of Directors
shall be held at the principal office of the Association except
that such .meetings may be held at such other place, within or
without the State of North Carolina, as may be designated in a duly
executed Waiver of Notice of such meeting or as may be otherwise
agreed upon in advance of the meeting by a majority of the
Directors.
E. Notice of Meetings: The first meeting of the new Board of
Directors may be held without notice. Other meetings shall be
called on not less than seven days prior notice. Notice of a
special meeting need not state the purpose thereof and such notice
shall be directed to each Director at his residence or usual place
of business by mail, cable, telegram or may be delivered
personally. The presence of a Director at a meeting shall
constitute Waiver of Notice of that meeting except only when such
Director attends the meeting solely for the purpose of objecting to
the transaction of any business thereat, on the grounds -that the
meeting has not been lawfully called, and does not otherwise
participate in such meeting.
F. uorum and Manner of Acting: A majority of the number of

Directors fixed by these By -Laws as the number of.Directars of the
Association shall -constitute a quorum for the transaction of any
business at any meeting -of the Board of Directors. Except as
otherwise expressly provided in this Article, the act of a majority
of the Directors present at a meeting at which a quorum is present
shall be the act of the Board -of Directors.
G. Informal Action of Directors: Action taken by a majority
of the.Directors without a meeting shall constitute Board action if
written consent to the action in question is -signed by all the
Directors and filed with the minutes of the proceedings of the
Board, whether done before or after the action so taken.
H. -Order of Business: The order of business at all meetings
of the Board shall if practical be as follows:
1. Roll call;
2. proof of Notice of Meeting or Waiver of Notice;
3. Reading of Minutes -of last meeting;
4. Consideration of communications;
S. Election of necessary Directors and Officers;
b. Reports -of Officers and Employees;
7. Report of Committees;
8. Unfinished business;
9. Original resolutions and new business; and
10, Adjournment.
ARTICLE VII
Officers
A. Election: The Board of Directors shall elect the
following officers of the Association: President, Secretary and
Treasurer. The election of officers shall take place at the first
sleeting of the Board of Directors following the annual meeting of
the members.
B. Term: Each Officer, except such officers as may be
appointed in accordance with the provisions of this Article, shall
hold office until the first meeting of the Board of Directors held
after the annual meeting held next after his election or until his
successor. shall have been duly chosen and qualified or until .his
death or until he shall resign or shall have been disqualified or
shall have been removed from office.
C. Removal and Resignation: Any Officer elected or appointed
may be removed by the person or persons authorized to elect or
appoint such Officer whenever in their judgment the best interests

of the Association will be served,thereby. Any Officer may resign
at any time by giving written notice to•the Board, the President,
or the Secretary. Such resignation shall take..effect'on the date
of receipt of such notice or at any later time specified therein;
and unless otherwise specified therein, the acceptance of such
resignation shall not be necessary to make it effective.
D. Subordinate Officers and Agents: The Board of Directors,
from time to time, may appoint other officers or agents, each of
whom shall hold office for such period, have such authority, and
perform such duties as the Board of Directors from time to time may
determine. The Board of Directors may delegate to any officer or
agent the power to appoint any subordinate officer or agent and to
prescribe his respective authority and duties.
S_ Vacancies: A vacancy in any office may be filled by
appointment by the Board. The officer appointed to such vacancy
shall serve for the remainder of the_ term of the officer he
replaces.
F. Duties: The duties of the officers are as -follows:
(1) President: The President shall be the principal executive
officer of the Association and, subject to the control of the Board
of Directors, shall in general supervise and control all of the
business and affairs of the --Association. He shall., when present,
preside at all meetings of the Members and the Board of Directors;
he shall sign, with the Secretary, or any other proper officer of
the Association thereunto authorized by the Board of Directors any
deeds of trust,'mortgages, bonds, contracts, and other instruments
which the Board of Directors has authorized to be executed, except
in cases where the signing and execution thereof shall be expressly
delegated by the Board of Directors or by these By -Laws to some
other officer or agent of the Association, or shall be required by
law to be otherwise signed or executed; he shall see that all
orders and -resolutions of the Board are carried out; he shall have
general supervision and direction of'the other officers and agents
of the Association and shall see that their duties are properly
performed; he shall submit a report of the operations of the
Association for the fiscal year to the Directors whenever called
for by them, and to the members at the annual meeting, and from
time to time shall report to the Board all matters within his
knowledge which the interest of the Association shall require to be
brought to their notice; and, in general., he shall perform all
duties incident to the office of President and such other duties as
may be prescribed by the Board of Directors from time to time.
12

. (2) Secretarv: The Secretary shall: keep the minutes of
the meetings of the members and the Board of Directors; see that
all notices are duly given in accordance with the provisions of
these By -Laws or as required by law; be custodian of the corporate
records and seal of the Association and see that the seal of the
Association is affixed to all documents the execution of which on
behalf of the Association under its seal is duly authorized; keep
a register of the post office addresses of each member which shall
be furnished to the Secretary by such member; -have general charge
of he membership list of the Association; keep or cause to be kept
in the State of, North Carolina at the Association's registered
office or principal place of business a record of the
Associations's members, giving the names and addresses of all
members and prepare and cause to be prepared voting lists prior to
each meeting of members as required by law; and in general perform
all duties incident to the office of Secretary and such other
duties as form time tb time may be assigned to him by the President
or by the Board of Directors.
(3) Treasurer: The Treasurer shall: keep full and accurate
accounts of receipts and disbursements in books belonging to the
Association, and shall deposit all monies and other valuable
effects in the name and to the credit of the Association in such
depositories as may be designated by the Board; shall disburse the
funds of the Association as ordered by the Board, taking proper
vouchers for such disbursements, and shall render to the President
and Directors, at the meetings of the Board, or whenever they may
require it, and .account of all his transactions as Treasurer and of
the financial condition of the Association, such records to be open
to inspection by members at reasonable times; may, at the election
of the Board, be required to give the Association, at the
Association's cost, a bond in a sum and with one or more sureties
satisfactory to the Board, for the faithful performance of the
duties of his office, and the restoration to the Association, in
case of his death, resignation or removal from whatever.kind in his
possession belonging to the Association; shall, with approval of
the' Board, be authorized to delegate all or part of his
responsibilities to competent accounting, collection or management
personnel, pursuant to written definition of the responsibilities
delegated to,'and the condition of performance imposed upon, such
personnel, but, in such event, the 'Treasurer shall retain
supervisory responsibilities; shall co-sign all promissory notes
with the President; shall prepare the annual.budget and statement
of income and expenditures which shall be approved by the Board
before all duties incident to the office of Treasurer and such
other duties as may be prescribed by the Board of Directors or
President.
13

G. CoinT]erisation: No compensation shall be paid to any
officer for his services. However, any officer may be reimbursed
for his actual expense in the performance of his duties, as long as
such expense receives approval of the Board and is within the
approved budget.
H. Duties of _Officers May be Delegated: In case of the
absence of any -officer of the Association or for any other reason
that the Board may deem sufficient, the Board may delegate the
powers or duties of such officer to any other officer or a Director
for the time' being, provided a majority of the entire Board of
"Directors concurs therein.
ARTICLE V1I1
Finances and Fiscal Managemerit
A. Fiscal Year: The fiscal year of the Association shall be
from May Ise through April 301h.
B. Assessments:
.(1) The Board shall determine from time to time the sum or
sums necessary and adequate for the 'costs of performing the
functions, objects and -purposes of the Association and the common
expense of the Association properties and shall adopt a budget for.
each calendar year. At the annual meeting of the members, such
budget shall be submitted to the members for approval provided that
a -summary of the budget shall be mailed to the lot owners at such
addresses as will be 'provided by said owners no more than thirty
(30) days prior to nor less than fourteen (14) days prior to the
annual meeting.' As approved, the budget shall constitute the basis
for all regular assessments against lot owners, which assessments
shall be due and payable periodically as determined by the Board.
Common expenses shall include, but are not limited to, expenses for
the operation, care, preservation, management, maintenance, repair
or replacement of the corrunon areas and facilities and Association
property, costs of carrying out the purposes, powers and duties of
the Association, insurance premiums and expenses, office expense,
utility services, management fees, costs of maintaining, repair,
replacing, operating managing and caring for properties owned or
available for use by the Association and all other rights,
privileges, and other possessory or use interests in lands or
facilities whether or not contiguous to the lands of the project
which are owned, held available for use by the Association, and an
other expenses designated as common expenses form time to time by
the Board of Directors of the Association. Provided, however, the
annual assessment may not be increased more than fi-ve percent (5p)
14

above the maximum assessment for the previous year without an
affirmative vote of a majority of the membership.
(2) The Board is specifically empowered on behalf of the
Association to make and collect assessments and to care for,
preserve, manage, operate, maintain, repair -and replace the common
areas and facilities and Association property. Funds for the
payment of common expenses shall be assessed against the lot owners
in the proportions or percentages of sharing common expenses
provided in the Declaration. Assessments shall be payable
periodically as determined by the Board.
(3) Special assessments for common expenses not adequately
funded through the regular assessments may be required by the Board
and shall be levied and paid in the same manner as hereiribefore
.provided for regular .assessments. Notwithstanding any of the
foregoing, no special assessment of any nature may be levied by the
Board without the assent of two-thirds (2/3) of the Association
members who are voting in person or by proxy, at a meeting duly
called for the purpose of voting on any such assessment.
(4) Special assessments against any owner for any purpose
authorized by she Declaration_, shall be levied at such time as.is
determined by --he Board.
(5) .When the Board has determined the amount of any
assessment, the President or Treasurer of the Association (or the
personnel to whom such authority has been delegated) shall mail or
present a statement of assessment to each of'the assessed owners.
All assessments shall be payable to the Association, and upon
request, the President -or Treasurer or their designated agent shall
give a receipt for each payment made.
(5). The Board may enter into a management contract with third
parties to whom• the Board may delegate the power to levy and
collect assessments approved by the Board or required by the
Declaration of Restrictions.
(7) All assessments not paid within thirty (30) days after
the' same shall be due shall be interest at the rate of eight
percent (8%) per annum until paid.
C . EXTpenses of Assessments: In any year in which there is an
excess of assessments received over amounts actually used or
payable for the purposes described in these By -Laws and in the
Declaration, such excess shall, unless otherwise determined by the
Board of Directors of the Association, be deposited in a capital
reserve account for use in replacement, repair or maintenance of
15

the common areas and facilities of the Association or Association.
property.
ARTICLE IX
Committees
A. Committees: The Board may establish by resolution adopted
by 'a majority of Directors, such committees which it deems
necessary or desirable. to carry -out the purposes of the
Association.
B. Committee Chairman and Members: The Chairman of all
committees shall be appointed by and serve at the pleasure of the
Board. Each committee shall contain .one or more members of the
Board.
C. Committee Reports: The Chairman of each coitmiittee shall
make a report to the President in writing of committee meetings and
activities.
D: Authority: Unless specifically authorized in writing by
the Board of Directors or the President, a committee Chairman or a
committee shall have no authority to legally obligate the
Association or incur any expenditure on behalf of the Association.
ARTICLE X
Easements
In the event that any part of the buildings or improvements as
presently constructed which are intended to be a part of the
project shall encroach upon any common property, common areas or
facilities, or property owned, held or' used by the Association,
then an easement appurtenant to such lot, building or improvement
shall exist for.the continuation of such'. encroachment for so long
as such encroachment shall naturally exist. -
ARTICLE XI
Notices
A. Definition: Whenever by statutory law, the Declaration or
these By -Laws, notice is required to be given to any officer,
director, or member, it shall be given in writing by mail, by
depositing the same in a post office or letter box in a post-paid,
sealed envelope, addressed as appears on the books of the
Association, unless otherwise specifically stated herein.
16

B_ Service of Notice -Waiver: Whenever -any notice is required
to be given by statutory law, the Declaration.of these By -Laws,, a
waiver thereof, in writing, signed by the person or persons
Entitled to such notice, whether before or after the time. stated
therein, shall be 'deemed the equivalent to the giving of, such
notice.
C. Address: The address for notice to the Association shall
be that of the Registered Agent for service of process of the
Association.
ARTICLE XII
Suspension of Rights
The Board may suspend, by a majority.vote of the Board, the
voting rights and right 'to hold office of a member during any
period in which the member shall be in default in the payrtient of
any dues, assessments, penalties or fines, imposed by the
Association. Such rights may also be suspended, after notice and
hearing, for a period not to' exceed sixty ( 60 ) days for a violation
of the Association's Rules and Regulations, these By -Laws or the
Declaration.
ARTICLE XIII
Books -and Records
The books, records and papers of the Association shall, at any
reasonable time, be subject to inspection by any member, or his
agent or attorney, for any purpose.
ARTICLE XIV
Rules of Order
All meetings of the members and Board of Directors shall be
governed procedurally by Roberts Rules of Order, Revised, unless
suspended by two -third vote of the members present and entitled to
vote.
ARTICLE XV
Assets of the Association
The Association shall hold, own, maintain, manage, control,
repair, preserve, replace, care for and operate any and all real
property, together with appurtenances, fixtures, all rights and
17

privileges, and other possessory or use interest in land,
facilities, and roads and streets which may be conveyed to, or made
available for use by the Association, the Declarant of the project,
or by any other person, firm, corporation or entity, or belonging
to, or made available for, the Association, for the use, enjoyment,
health, safety and welfare of the owners of said lots and the
residents within said project.
All such real property together with appurtenances, fixtures
and improvements thereto, personal property, fixtures, rights and
privileges, including riparian rights, and other possessory or use
interests in land or facilities owned by, belonging to, or made
available for, the Association shall be treated, except as
otherwise specifically in the By --Laws provided, as colrImon areas and
facilities of Castle Oaks Subdivision project' for purposes of
managing, controlling, repairing, replacing, preserving, caring
for, operating and otherwise dealing with for the use, health,
safety, and welfare of the owners of those lots and the residents
within the project as herein provided. ✓
The costs and expenses of
managing, controlling, repairing,
and operating all common areas of
"common expenses" and included ir
holding, owning, maintaining,
replacing, preserving, caring for
Castle Oaks Subdivision shall be
the budget for each fiscal year
for the Association and all provisions of these By -Laws shall apply
thereto.
ARTICLE XVI
Oualifications for Tax Exemption
No part of the net income, if any, or earnings of this
Association shall inure to the.benefit of any officer, member or
director of the Association, or any other private individual either
during the Association's existence or in the event of its
dissolution. In the event of -the dissolution of the Association
for any cause or reason, any assets remaining after the payment of
creditors, debts and other costs and expenses incident' to the
dissolution, shall be distributed, trarisferred, and paid over to
such qualified association or organizations having purposes similar
to those set forth in Article V of the Articles of Incorporation as
shall be selected by the Board of Directors of the Association.
ARTICLE XVII
Contracts Loans Checks Drafts and Beiposits
A. Contracts: The Board of Directors may authorize any
M

officer or officers, agent or agents, to enter into any contract or
execute and deliver any instrument in the name of or on behalf of
the Association, and such authority may be general or confined to
specific instances.
. B. Loans: No loans shall be contracted on behalf.of the
Association and no evidences of indebtedness shall be issued in its
name unless authorized by a resolution of the Board of Directors.
Such authority may be general or confined to specific instances.
C. Checks and Drafts: All checks, drafts or other orders for
the payment of money, issued in the name of the Association, shall
be signed by the President, and Secretary or Treasurer of the
Association and in 'such manner as shall from time to time be
determined by resolution of the Board of Directors.
D. Deposits: All funds of the Association not otherwise
employed shall be deposited from time to time to the credit of the
Association in such depositories' as the Board of Directors may
select.
ARTICLE XVIII
Default
A. Enforcement of Lien for Assessments: In the event an
owner does not pay any sums, charges, or assessments required to be
paid to the Association by the due date; the Association, acting on
its own behalf or through the Board, may enforce its lien for
assessments, or take such other action to recover the sums, charges
or assessments to which it is entitled, in accordance with the
Declaration and the statutes made and provided or both.
B. Governmental Liens and Assessments: In the event that an
owner fails to pay any tax or assessment lawfully assessed by any
governmental subdivision within which the property is situated, by
the date such tax or assessment is due, the Board may pay the same
from the funds of the Association and specifically assess such
owner for the amount paid.
C. Foreclosure: If the Association becomes the owner of a
lot by reason of foreclosure, it shall offer said lot for sale and
at such time as a sale is consummated, it shall deduct from the
proceeds of said sale all suiczs of money due it for assessments and
charges, all costs incurred in the bringing of the foreclosure
suit, including reasonable attorney's fees, funds necessary to
discharge any liens or mortgages of record, and any and all
expenses incurred in the resale of the lot, which shall include,
19

but not be limited to advertising expenses, real estate brokerage
fees and expenses necessary for the repairing and refurbishing of
the lot in question. All monies remaining after deducting the
foregoing items of expenses, costs and other deductions shall be
returned to the former owner of the lot.
D. Other Remedies: In the event of violation of the
provisions of the -Declaration, as the same are defined in the
Declaration, for thirty (30) days after notice from the Association
to the lot owner to correct such violation, the Association, on its
own behalf or by and through its Board of Directors,, may bring
appropriate action to enjoin such violation or may enforce the
;provisions of the Declaration, or may sue for damages, or take such
other course of action, or other Legal remedy as it or they may
deem appropriate.
E. Legal Costs: In the event any legal action is brought
against an owner and results in a judgment for the Association, the
owner shall pay the Association's reasonable attorney fees, costs
of collection, and court costs.
F. Intent:'Each owner, for himself, his heirs, successors
and assigns, agrees to the foregoing provisions relating to default
and other violations regardless of the harshness of the remedy
available to the Association and regardless of the availability of
the other equally adequate legal procedures. It is the intent of
all owners 'of Lots to give to the Association a method and
procedure which will enable it - at a]_1 times to operate .on a
business -like basis, to collect these monies due and owning it, and
to preserve each owner's right to enjoy his lot, free from
unreasonable restraint and nuisance.
ARTICLE XIX
Ru_1es__and Regulations
In addition to the other provisions of these By -Laws, any
Rules and Regulations adopted by the Board, together with any
subsequent changes, shall govern, to the extent not inconsistent
with these By -Laws and the Declaration, the use of the lots and the
common areas and facilities and the conduct of all owners,
residents and guests. Such Rules and Regulations shall be subject
to such changes, additions, or amendments as may be deemed
appropriate by the Board.
ARTICLE XX
Joint Ownership
20

Membership may . be held in the name of more than one owner. In
the event ownership is in more than one person, all of the joint
owners shall be entitled collectively to only one vote, voice or
ballot in the management of the affairs of the Association, and the
vote may not be divided between plural owners. The manner of
determining who shall cast such vote shall be as set forth in
Article III, -Section I.
ARTICLE XXI
Indemnification
The Association may indemnify any person made a party to an
action, by or in the right of the Association to procure a judgment
in.its favor by reason of his being or having been a director or
officer of the. Association, against the reasonable expenses
including attorney's fees actually and necessarily incurred by him
in connection with an appeal therein, except' in relation to such
matters as to which such director or officer is adjudged to have
been guilty of gross negligence or misconduct in the performance of
his duty to the Association.
ARTICLE XXII
Amendments
These .By -Laws may be amended in the following manner: An
amendment or Amendments may be proposed by the Board of Directors
of the Association acting upon a vote of a majority of the
directors or by a majority of the members of the Association
entitled to vote, whether meeting as members or by instrument in
writing signed by them. Upon any amendment or amendments to these
By -Laws being proposed by said Board of Directors or members, such
proposed amendment or amendments shall be transmitted to the
President of the Association, or other officer of the Association
in the absence of the President, who shall thereupon call a Special
Meeting of the members of the Association for a date' not sooner
than twenty (20) days nor later than sixty (60) days from receipt
by him of the proposed amendment or amendments. It shall be the
duty of the Secretary to give each member written or printed notice
of such Special Meeting, stating the time and place thereof, and
reciting the proposed amendment or amendments in reasonably
detailed form, which notice shall be mailed not less than fourteen
(14), days nor more than thirty (30) days before the date set for
such Special Meeting_ If mailed, such notice shall be deemed to be
properly given when deposited in the United States Mail addressed
to - the member at his Post Office address as it appears on the
21

records of the Association, the postage thereupon prepaid. Any
member may by written waiver of notice signed by such member, waive
such notice, and such waiver, when filed in the records of the
Association, whether before or after the holding of the meeting,
shall be"deemed equivalent to the giving of notice to such member.
At the meeting, the amendment or amendments proposed must be
approved by an affirmative vote, in person or by proxy, of a
majority of the members having voting rights in order for such
amendment or amendments to become adopted. Any such amendment or
amendments so passed shall not become operative unless set forth in
an Amended Declaration duly recorded in the Office of the Registry
of Deeds for New Hanover County. All owners shall be bound to
abide by any such amendment or amendizients when the adopted
amendment or amendments are duly recorded in the form of an Amended
Declaration.
Notwithstanding any other provision of this Article XXII, no
amendment or amendments may be -adopted which would in any way
alter, amend or.effect Articles XV and X of these By -Laws without
unanimous approval and vote of all members entitled to vote, and no
amendment or amendments shall be adopted which would operate to,
impair or prejudice the rights and/or liabilities of any mortgagee
or lender secured by -an lot.
ARTICLE XXIT1
Construction
Should any of the covenants or provisions herein contained or
imposed be void or be in conflict with the requirements -of the
General Statutes of the State of North Carolina, or be or become
unenforceable at law or in equity, the remaining provisions of this
instrument shall, nevertheless, be and remain in full .force and
effect.
Wherever the masculine, -singular form of the pronoun is used
in these By -Laws, it shall be construed to mean the masculine,
feminine or neuter, singular or plural, wherever the text so
require.
The foregoing were adopted as the By -Laws of Upper Reach
Extension Owners Association at an annual meeting of the membership
held on 1 2003.

FOR REGISTRATION REGISTER OF DEEDS
REBECCA T- CFPI6TIAN -
NEU HANOVER COUNTY, NG
2R2 SEP 25 MR! 34 PM
80447 PG:137-138 PEE:$14A
INSTRUMENT 12002047853
STATE OF NORTH CAROLINA ASSIGNMENT OF DECLARANT'S RIGHTS
FOR
COUNTY OF NEW HANOVER FUTURE PHASES OF
TROLLEY PATH CONDOMINIUM
NOW COMES SCARAFONI ASSOCIATES NC, INC. ("Declarant"), the
Declarant and Developer of Phases One through Five of TROLLEY PATH
CONDOMINIUM, as more particularly described on those maps recorded.
in Condominium Plat Book 11, Pages 192 through 195 (Phase One);
Condominium Plat Book 11, Pages 292 through 294 (Phase Two);
Condominium Plat Book 11, Pages 313 through 315 (Phase Three);
Condominium Plat Book 12, Pages 57 through 67 (Phase Four); and
Condominium Plat Book 12, Pages 57 through 67 (Phase Five); and as
created by that Declaration of Condominium for Trolley Path Condo-
minium ("Declaration") (Phase One) recorded in Book 2459, Page 239
of the New Hanover County Registry, as said Declaration was amended
by those various amendments to the Declaration of Condominium
recorded in Book 2596, Page 193 (Phase Two); Book 2620, Page- 583
(Phase Three); Book 278¢, Page 719 (Phases Four and Five); in the
Register of. Deeds of New Hanover County"("Condominium"), and does
hereby transfer, assign, and convey unto MRW.DEVELOPMENT COMPANY,
a North Carolina Corporation, all rights as the Declarant and
Developer of any FUTURE PHASES of TROLLEY PATH CONDOMINIUM to be
developed from that tract consisting of 4.75 acres described in
Exhibit A -hereto attached and incorporated herein by reference,
including all DEVELOPMENT RIGHTS AND OTHER SPECIAL DECLARANT RIGHTS
reserved unto the Declarant/Developer in the Declaration, and
specifically including the right to annex additional property to
said Condominium and create additional phases of TROLLEY PATH
CONDOMINIUM as set forth in Article 6 of the Declaration recorded
in Book 2459 at Page 0239, of the New Hanover County Registry, as
such declaration has been subsequently amended by various amend-
ments recorded in the New Hanover County Registry as hereinabove
set out.
This the LC day of September, 2002.
r- -,,-- maT08SCARAFO1QI ASSO
A ES NC, INC.
77DANML D. X&M
By
44-1-Arksident
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public in and for the County and State aforesaid,
certify that J 61rA.rc Pon; personally appeared before me
this day and' acknowledged that he is the President of
SCARAFONI ASSOCIATES NC, INC., a corporation, and that by authority
duly given and as the act of the corporation, the foregoing
instrument was signed in its name by him as President for and on
behalf of the corporation. Witness my and notarial seal, this the
t a+h day of September, 2002.
My Commission Expires:
otary
a.

P. 1
COMMUNICATION RESULT REPORT ( AUG.14.2003 11:41RM )
1~ TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
-------------- 7------ ---------------------------------------------------------------------------
774 MEMORY TX 92562716 OK P. 1/1
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
Upper Reach Ext.
Subject: Upper Reach Ext.
Date: Thu, 14 Aug 2003 11:13:08 -0400
From: Linda Lewis <1L,inda.Lewis@ncmai1,net>
Organization: NC DENR
To: Jeff Malpass <malcoI @bellsouthmet>
.Jeff:
E-2) BUSY
E-4) NO FACSIMILE CONNECTION -
Please send in the infiltration supplement with original signature- the
one I have is a copy, which I cannot accept,
Please complete all parts of the application, including the latitude and
longitude, and street address of the project,
Please. provide Mr. Galarde's official title within Galarde & Co. on the
application (Line 1.2)
Please delineate the drainage area to the pond on a separate sheet, If
it includes any drainage from the existing subdivision, Mr. Galarde will
need to either reroute it around the proposed infiltration basin or make
arrangements with the existing subdivision MOA to make them contribute
their share of mainteance costs. It is unfair to saddle the six lot
owners with the maintenance of an infiltration basin if it will be
treating runoff from outside of their small 6-lot extension. A thorough
investigation of the existing runoff patterns will be required in order
to address this item.
di�n1 I$%rv%if n -c 44— ..... _-J ..__a..!_i:_--

Upper Reach Ext.
Subject: Upper Reach Ext.
Date: Thu, 14 Aug 2003 1 l :13:08 -0400
From: Linda Lewis <Linda.Lew] [e-mail]>
Organization: NC DENR
To: Jeff Malpass <malco 1 @bellsouth.net>
Jeff
Please send in the infiltration supplement with original signature- the
one I have is a copy, which I cannot accept.
Please complete all parts of the application, including the latitude and
longitude, and street address of the project.
Please provide Mr. Galarde's official title within Galarde & Co. on the
application (Line 1.2)
Please delineate the drainage area to the pond on a separate sheet. If
it includes any drainage from the existing subdivision, Mr. Galarde will
need to either reroute it around the proposed infiltration basin or make
arrangements with the existing subdivision HOA to make them contribute
their share of mainteance costs. It is unfair to saddle the six lot
owners with the maintenance of an infiltration basin if it will be
treating runoff from outside of their small 6-lot extension. A thorough
investigation of the existing runoff patterns will be required in order
to address this item.
Please submit a copy of the proposed covenants and restrictions
containing the 5 statements in Section I, and the 4 statements in
Section II of the attached document.
Please show the nearest intersection of two major roads on the vicinity
map.
The application is being held as incomplete until these items are
addressed. If they are not submitted by close of business on Tuesday,
August 19, 2003, the application will be returned.
Please pass this on the Mr. Galarde.
Linda
Post-RO Fax Note 7671
Date �_ (�
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8/14/2003 11:13 AM

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Narrative
Description:
The site entrance is located off Beasley Road in the upper reach subdivision.
Total site acreage is 2.66 ac; approx. 2.66 acres will be disturbed.
'Che runoff from the site was estimated using the rational Method, 10 year design
storm and rainfall date for the area.
Construction is scheduled to begin as soon as necessary permits are acquired.
The purpose of this project is to create a residential subdivision.
Erosion Control Measures:
The attached plans and specifications state or show required Sediment and
Erosion Control measures to be taken.
Outlet protection will be placed at all pipe outlets. Silt fence will be installed as
shown on plan and all other places sediment has the ability to leave the site. A gravel
construction entrance will be constructed at the entrance.
The sediment trap to be installed per plan & inlet protection placed around all inlets.
Construction Sequence:
The gravel construction entrance,silt fence and sediment traps will be installed
prior to any land disturbance. Clearing will take place first then all the piping and then
the road built.
Stormwater treatment:
All the run off from impervious surfaces proposed on this site will be infiltrated in
a permited citylstate pond.

Maintenance Plan
l . All erosion control measures will. be checked every 7 days or after each rain
producing '/2 inches or more which ever comes first.
2. Sediment will be removed from behind silt fences where sediment is 0.5 feet deep
and repair fabric if torn, leaking or failing.
3. Inspect and refresh construction entrance with a new laycr of gravel as necessary.
4. Remove sediment from around inlet protection when %z full or when fabric needs
repair.
5. Check sediment basins after periods of significant runoff. Remove sediment and
restore the basin to its original dimensions when sediment accumulates to one-
half the design depth.
Check the embankment, spillways, and outlet for erosion damage; and inspect the
embankment for piping and settlement. ,Make all necessary repairs immediately_ .
Remove all trash and other debris from the riser and pool area.
6. Inspect temporary sediment traps after each significant rainfall. Remove sediment
and restore the trap to its original dimensions Nvhen the sediment has accumulated
to one-half the design depth of the trap. Place the sediment that is removed in the
designed disposal area and replace the contaminated part of the gravel facing.
Check the structure for damage from erosion or piping. Periodically check the
depth of the spillway to ensure it is a minimum of 1.5 ft below the low point of
the embankment. Immediately fill any settlement of the embankment to slightly
above grade. Any riprap displaced from the spillway must be replaced
immediately.
After all sediment -producing areas have been permanently stabilized, remove the
structure and all unstable sediment. Smooth the area to blend with the adjoining
areas and stabilize properly.
7. Inspect riprap outlet structures after heavy rains to see if any erosion around or
below the riprap has taken place or if stones have been dislodged. Immediately
make all needed repairs to prevent further damage.

Entity Names
http: //www,secretary.statc. nc. us/Corporations/soskh/Corp.asp?46210
Elaine F. Marshall
;•141 Secretary
cur
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Corporation Names
North Carolina
DEPARTM ENT OF-rHE
SECRETARY OF STATE
PO Box 29622 Raleigh, INC 27626.0622 [phone]
I
Date: 911712003
Document Filings
Print Entity Report
Name
GALARDE & COMPANY, INC.
Business Corporation Information
Name Type
Legal
SOSID:
0338559
Status:
Current -Active
Date Formed:
2/14/1994
Citizenship:
Domestic
................................_..,.,_,.............. ... ... ..._......
State of Inc.:
..... .... ._..._._.'.-.- _..--J
NC
Duration:
Perpetual
Registered Agent
Agent Name: ,
Registered Office Address:
Registered Mailing Address:
Principal Office Address:
Principal Malting Address
Galarde, John E
6800 Wrightsville Ave
Wilmington NC 28403
6800 Wrightsville Ave
Wilmington NC 28403
No Address
2001 Ivydale Ln
Wilmington NC 28405-4152
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7-01
SOSI D: 0338559
Date Filed: 9130/2(102 1:32.00 PM
Elaine F. Marshall
Business Corporation Use thii North Carolina Secretary of State
North Carolina Annual Report Contact 2002 273 04666
AnnuaT
Liability
Name of Corporation: GAT=ARDE S COMPANY, INC.
State of Incorporation: NC
Secretary of State Corp, ID Number: 0338559 Fiscal Year Ending
Federal Employer I0 Number: 56-1862544
If this is the initial annual report filing, please complete the entire form, If your business corporation's
information has not changed since the previous report, check the box and complete Line 8 only.
1, Registered agent & registered office Agent.
mailing address
Mailing Address:
2. Street address & county of Street Address:
registered office
County:
3. If registered agent changed,
signature of new agent.
(signature constitutes consent to the appointment)
4. Enter principal office address here
5. Enter principal office telephone number here:
6. Enter name, title and business address of principal officers here:
Complete Form CD-479A to list additional principal officers
Name: Title:
Address:
City: State: Zip:
Name: Title:
Address:
City: State: Zip:
Name: Title:
Address:
City; State: Zip:
7. Briefly describe the nature
of business:
8. Certification of annual report must be com all corporations
Signalu (For st be signed by an olficer of corporalion)
JOHN GALARDE
Type or Print Name
Month ! Day 1 Year
9 -/G -o-2, _
Date
Title
i

1t). .,
ENGINEERING CON
7650 Market Street
Wilmington, NC 28411
[phone]
[phone] fax
April 2, 2003
Sherwin Cribb Surveyor
1 144 Shipyard Blvd
Wilmington, NC 28412'
ATTN: Mr Sherwin Cribb
We arc enclosing:
X Materials Engineering Division Reports
X For your use
As requested
LNCL:
Field Report # l
Walid M. Sobh, P.E.
Principal Engineer
03/28/2003
CES. LTD.
LETTER OF TRANSMITTAL
IT: Upper Reach Extension
ECS Job 9 22: €0599
Permits:
Location: Beasley Road
Wilmington, NC
�w0 /0 �-
Kris J. Sta rn
Construction Services Manager

*g ENGINEERING
7650 Market Street
Wilmington, NC 28411
[phone]
[phone] fax
Project Upper Reach Extension
Location Wilmington, NC
Client Sherwin Cribb Surveyor
Remarks
Trip Charges" Tolls/Parking' Mileage"
Chargeable Items
LTD.
FIELD REPORT
Project No.
22:10599
Report No.
1
Day & Date
Friday 03/28/2003
Weather
65°/ overcast/rain
On -Site Time
2.75
Lab Time
0.50
Travel Time'
0.50
Total
3.75
Reinsp-Time 0.00
20 Time of Arrival Departure
11:30A 02:15P,
* Travel time and mileage will be billed in accordance with the contract
Summary of Services Performed (field test data, locations, elevations & depths are estimates) & Individuals Contacted.
The undersigned arrive on site, as requested, to run 2 infiltration tests at designated locations.
Upon arrival, the technician hand augered a hole at each of the 2 locations to find the seasonal
high water table and to classify_and collect the underlying soils. The seasonal high water table
,,vas fourid to be 48" at both of the locations. Each infiltration test was then ran at 24" below
the existing grade. At location 91 the water infiltration rate was 1.85 inches/min and at
location ##2 it was 1.9 inches/min.
Yt_ 5
W o{ VL'W CgAt'q Le'w.'s
9y William S. Cromartie 1800

Michael F. Easley, Governor
William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 17, 2003
Mr. John Galarde
Galarde and Company, Inc.
6800 Wrightsville Avenue
Wilmington, NC 28403
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 030813
Upper Reach Extension
New Hanover County
Dear Mr. Galarde:
The Wilmington Regional Office received a Stormwater Management Permit Application for
Upper Reach Extension on August 18, 2003, A preliminary review of that information has determined
that the application is not complete. The following information is needed to continue the Stormwater
review:
Please remove the pipe from the infiltration basin detail. Also, add the note regarding the
excavation of the soil past the hardpan to the basin detail.
2. Please dimension the sidewalk.
3. Please add the cul-de-sac detail to the plans.
4. Please seal your calculations.
5. Please provide a copy of the proposed deed restrictions to include all required conditions
and limitations. A copy of the required information is enclosed.
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 October 17, 2003, 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 need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request must
indicate the date by which you expect to submit the required information. The Division is allowed 90
days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction' entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to
enforcement action pursuant to NCGS 143-215.6A.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax
Customer Service
1 800 623-7748
Wky
NCDEN i

Mr. John Galarde
September 17, 2003
Stormwater Project No. SW8 030813
Please reference the State assigned project number on all correspondence. Any original
documents that need to be revised have been sent to the engineer or agent. All original documents must be
returned or new originals must be provided. Copies are not acceptable. If you have any questions
concerning this matter please feel free to call me at [phone].
Sincerely,
I,
4 �
7
Laurie Munn
Environmental Engineer
RSS/:Ism S:IWQSISTORMWATIADD1NFO120031030813.sept03.doc
cc: Laurie Munn
Jeff Malpass, PE
Enclosure