SW8040129_Current Permit_202161107

1�
Energy, Mineral &
Land -Resources
ENVIRONMENTAL QUALITY
November 7, 2016
Mr. Edward Clark, President
Seaspray Community Association, Inc.
1630 Military Cutoff Road, Suite 108
Wilmington, NC 28403
PAT McCRORY
Governor
DONALD R. VAN DER VAART
secretory
Subject: Approved Plan Revision
Seaspray Cove at Carolina Place (formerly Carolina Place)
Stormwater Permit No. SW8 040129
Brunswick County
Dear Mr. Clark:
TRACY DAVIS
Director
Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water Quality (DWQ)
to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in
older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this letter OR
permit references DEMLR as the Division responsible for issuance of the permit.
On September 8, 2016, the Wilmington Regional Office received a complete request to revise the approved plans for
Stormwater Management Permit Number SW8 040129. The revisions include the following:
1. Changing design elevation data on infiltration basins IA, 1B, 2A, and 2B to reflect existing conditions.
Note that only Basin I requires work to be done to raise the bottom elevation, therefore a new engineer's
certification will be required for this basin. Other basin data reflects the as -built conditions.
2. Revised Infiltration Basin Supplements accordingly.
3. Revised plan to better emphasize that this permit is for Phase 1 only.
It has been determined that a formal permit modification is not required for the proposed changes. We are
forwarding you an approved copy of the revised plans for your files. Please replace the old approved plan sheet(s)
with the new one(s). In addition, since some of the design information is changing, so we are forwarding you a
revised, updated permit. Please replace the previously issued permit with the revised permit, dated November 7,
2016, attached.
Please be aware that all terms and conditions of this revised, updated permit shall remain in full force and
effect. Please also understand that the approval of this revision to the approved plans or to the permit for the
subject State Stormwater project is done on a case -by -case basis. Any other changes to this project must be
approved through this Office prior to construction. The issuance of this plan revision does not preclude the
permittee from complying with all other applicable statutes, rules, regulations or ordinances which may have
jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction.
If you have any questions concerning this matter, please do not hesitate to call me at [phone].
Sincerely,
Steve G. Pusey
Environmental Engineer
GDS\sgp: \\\Stormwater\Permits & Projects\2004\040129 HD\2016 11 permitter 040129
cc: Jimmy Fentress, PE — Stroud Engineering, PA
Brunswick County Building Inspections
Wilmington Regional Office
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Wilmington Regional Office I t27 Cardinal Drive Extension I Wilmington, NC 28405
910 796 7215

State Stormwater Management Systems
Permit # SW8 040129 MOD
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
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
Seaspray Community Association, Inc.
Seaspray Cove at Carolina Place
Highway 133 & North Hampton Drive, Brunswick County
FOR THE
construction, operation and maintenance of thirteen (13) infiltration basins 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 Energy,
Mineral and Land Resources and considered a part of this permit.
This permit modifies Permit No. SW8 040129, issued June 13, 2005 as follows: (a)
modifies Drainage Areas 1A, 413, 5, 6, 7A, 713 and 8, including their built upon area
(BUA); (b) modifies the design of Infiltration Basins 5, 6, 7A, 713, and 8; (c) adds a
bypass for Infiltration Basin, 8; (d) allocates 54 lots at 4,000 sq ft BUA each and 25 lots
at 3,300 sq ft BUA each for Phases II and III; and (e) changes the "Owner/Signing
Official" from Ms. Sonya A. Culler, Manager, to Mr. Edward H. Clark, Manager.
This permit shall be effective from the date of issuance until February 2, 2020 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 from the specified built -upon area within the specified drainage area as
described in Section 1.6 on page 3 of this permit. The subdivision is permitted for
122 single family lots each allowed 3,200 ft2 of built -upon area (Phase 1), 54
single family lots each allowed 4,000 ft2 of built -upon area, 25 lots each allowed
3,300 ft2 of built -upon area, and ten (10) multi -family buildings (Phase 1) with a
total BUA of 150,241 ft2.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
Page 2 of 9

State Stormwater Management Systems
Permit # SW8 040129 MOD
4. Basin #2A must be operated with a 50' vegetated filter, and Basin #8 must be
operated with a bypass. All other basins are designed to store and infiltrate a 4.5"
storm event, and are not required to have a vegetated filter.
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.
6. The following design elements have been permitted for the infiltration basins, and
must be provided in the system at all times:
1A*
1B
2A
2B
3A
3B
4A
4B
Drainage Area, ac.
4.2
2.04
3.6
3.05
3.67
5.0
3.91
3.59
Total BUA, ft2
59,892
88,862
80,986
59,344
40,976
74,587
51,684
59,064
Lots /Buildin s
29,700
16,000
47,935
41,600
30,400
47,935
38,400
40,060
Roads
14,346
5,768
28,236
17,744
10,576
21,837
13,284
19,064
Offsite
15,846
0
0
0
0
0
0
0
Sidewalk
0
0
4,815
0
0
4,815
0
0
Basin Depth, ft
2.0
2.0
3.0
3.0
3.0
3.0
3.0
3.0
Design Storm
4.5"
4.5"
1.5"
4.5"
4.5"
4.51'
4.5"
4.5"
Bottom Elevation,
FMSL
18.0 ^
20 ^
27 ^
29 ^
30
30
32
32
Bottom Surface
Area, ft2
10,223
4,858
3,499
3,643
5,396
6,248
5,066
5,652
Provided Storage
Volume, ft3
23,371
11,683
24,451
22,607
26,960
29,355
20,706
22,961
Storage Elevation
FMSL
19.95^
21.58A
28.63^
31.99^
32.12
34.99
34.99
34.86
Soil Type
Yaupon
Yaupon
Kureb
Kureb
Kureb
Kureb
Kureb
Kureb
Infiltration Rate, in/hr
4.6
4.6
6.1
6.1
6.1
6.1
6.1
6.1
Drawdown Time, hrs.
6
5
3
12
6
9
8
7
* There is an offsite drainage area, per the application, for only Basin #1A
^ Revised per November, 2016 Plan Revision
5
6
7A
7B
8
Drainage Area, acres
3.66
4.64
2.13
4.52
3.23
Total BUA, ft2
49,918
89,612
28,898
76,285
59,351
Lots /Buildings
36,000
62,000
20,000
58,000
49,500
Roads
13,918
27,612
8,898
18,285
9,851
Sidewalk
0
0
0
0
0
Basin Depth, ft
1.92
3.25
1.75
1.75
4.0
Design Storm
4.5"
4.5"
4.5"
4.5"
3.0"
Bottom Elevation,
FMSL
33.83
34.25
33
33
22
Bottom Surface
Area, ft2
11,469
7,166
7,705
16,185
2,413
Provided Storage
Volume, ft
30,237
35,737
16,055
31,366
15,429
Storage Elevation
FMSL
35.75
37.5
34.75
34.75
26.0
Soil Type
Newhan
Newhan
Newhan
Newhan
Newhan
Infiltration Rate, in/hr
9.4
6.1
6.4
6.4
6.1
Drawdown Time, hrs
2
5.1
2.4
2.2
9.2
Page 3 of 9

State Stormwater Management Systems
Permit # SW8 040129 MOD
7. The receiving stream for all basins associated with this project is the Dutchman
Creek Outlet Channel in the Cape Fear River Basin. The Stream Index Number
is CPF17 18-88-9-3-3, and it is classified "SA".
II. SVI I€DUL€ 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 Energy, Mineral and Land
Resources, and responsibility for meeting the built -upon area limit is transferred
to the individual property owner.
3. 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
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 or
drainage 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.
g. The construction of permeable pavement for BUA credit.
5. 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.
6. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately. Infiltration systems should not be used
as erosion control devices, due to the potential clogging. 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.
Page 4 of 9

State Stormwater Management Systems
Permit # SW8 040129 MOD
7. 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.
8. The Director may determine that other revisions to the project should require a
modification to the permit.
9. Prior to the sale of any lot, the following deed restrictions must be recorded_
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 040129 Modification,
as issued by the Division of Energy, Mineral and Land Resources under
NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Energy, Mineral and Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Energy, Mineral and Land
Resources.
f. The maximum built -upon area per lot for lots 1-122 (Phase 1) is 3,200
square feet. The maximum built -upon area per lot for lots 22-27, 50-61,
and 87-122 is 4,000 square feet. The maximum built -upon area per lot for
lots 62-86 is 3,300 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 will naturally
drain into the system are not required to provide these measures.
i. Built -upon area in excess of the permitted amount will require a permit
modification.
10. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp/signature of the Register of Deeds.
11. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
Page 5 of 9

State Stormwater Management Systems
Permit # SW8 040129 MOD
12. Prior transfer of the permit, the stormwater facilities will be inspected by DEMLR
personnel. The facility must 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.
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.
14. Access to all components of the system must be available at all times.
15. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DEMLR. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
16. The facilities'shall be constructed, operated and maintained in accordance with
the provisions of this permit, the approved plans and specifications, and the
supporting documents attached to this permit and on file with the Division.
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.
16. If the use of permeable pavement for BUR credit within the lot is desired, the
permittee shall direct the lot owner to submit an application with all supporting
documentation and the application fee to the Division and receive a permit prior
to construction of the permeable pavement.
III. GENERAL CONDITIONS
1. 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.
2. 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.
3. 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.
Page 6 of 9

State Stormwater Management Systems
Permit # SW8 040129 MOD
4. This permit is not transferable to any person or entity except after notice to and
approval by the Director. The permittee shall submit a completed and signed
Name/Ownership Change Form, accompanied by the supporting documentation
as listed on the form, to the Division of Energy, Mineral and Land Resources at
least 60 days prior to any one or more of the following events:
a. An ownership change including the sale or conveyance of the project area
in whole or in part, except in the case of an individual lot sale that is made
subject to the recorded deed restrictions;
b. The sale or conveyance of the common areas to a Homeowner's or
Property Owner's Association, subject to the requirements of Session Law
2011-256;
c. Bankruptcy;
d. Foreclosure, subject to the requirements of Session Law 2013-121;
e. Dissolution of the partnership or corporate entity, subject to NCGS 57D-2-
01(e) and NCGS 57D-6-07;
f. A name change of the current permittee;
g. A name change of the project;
h. A mailing address change of the permittee;
4. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the transfer request. Neither the sale of the project,
in whole or in part, nor the conveyance of common area to a third party
constitutes an approved transfer of the stormwater permit.
5. Any individual or entity found to be in noncompliance with the provisions of this
stormwater management permit or the requirements of the Stormwater rules is
subject to enforcement procedures as set forth in NCGS 143 Article 21 _
9. 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.
10. Permittee grants permission to staff of the DEMLR to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
11. The permittee shall submit a permit renewal application request at least 180 days
prior to the expiration date of this permit. The renewal request must include the
appropriate documentation and the processing fee.
12. 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 revised, updated, and re -issued this the 7th day of November, 2016.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Mr Racy ®avis, P.E., Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 7 of 9

DEMUZ USE ONLY
J�6teVe i2,d
_�
(
Fee Pa!d expres S 02W
PqrmitNujaber
L
State of North Carolina
Department. of Environment and Natural Resources
D.ivisiott of Energy, MITteral and Land Resources
STORMWATER MANAGEMENT PERMIT PLAN REVISION
Tidsform may be photocopWfor use as an original
I. GENERAL INFORMATION
I StormwaterManagmentP6rmitNunibet: SWL0_40129
2. Project Name
3. Pernlit Holder's naive (specify the name of the corporation, individual, fitc.)-
SeMpmrgy Community Association, Inc.
4. Print OW1ier/SJg=.g Official's nAmp and title (person legally responsible forpeimft).g
Heath Clank, President.
'5. 'Mailing Address for person listed-ift item 2 above:
CATION FORM
SEP 0 8 2016
1630 kflj!9q Cqt6ff. Road, Suite.108
State.NC Zip-28403
PhoAe: jMO 350-17'44.. Fax-, &16 360-13711
Emailleath6billclarkhomes.corn
. 11. , PLAN REVISION INFORMATION
I - Suminuize the Plan revision propomd (attach additiona pages'if needed):
AA-u—st infiltration basin 1A elevations ba'sed on a corrected datum
III, SUBMUTAL REQUIREMENTS
Only complete application packages.will, be accepted: and reviewed by the Division of Energy, Mineral and
Land Xesources (DEMLR). A complete package includes All of the items listed below. The.comple-te
application package should be submitted to the DWLR Office that issued the permit.
1. Please ihdicaba that you have provided, the following required infoimalinn by irdtialing in the space provided
next to each Am.
'i h*Ws
Orighwl & 1,copy of the Plan Reviown Application Forin.
Two (2). copies of revised plans (must he rcuisfoits of Mginat approved phvi sheet
If qRgbLmZ fox Express review (yutl. avadybk in 20 coastal cjountim)-,
Application fee of,$500 00 (7nade payable to NCPENR)
VL APFLICAN' ''S CERT-MCATION
L (print or" name of pmon listed in General hifonnation, itein 11 Hoath .dark
certify that I have authorized these plan revisions ftli-khat the infor mation. W.luded ft on s plan revision
f kn.o cor
application is, led ri
tri is, b MY . w ge,
e; Cand tf
Signature- . Date: a:
Plan Revisi6n.Form RM Oct.31, 2013

PermitNo.
(to be provided by DWQj
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
INFILTRATION BASIN SUPPLEMENT
This form maybe photocopied for me as an original
PWQ Stormwater Mangement Plan. Review:
A complete stormwater management plan submittal includes a stonmwater.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.
L PROTECT INFORMATION
Project Name : Carolina Place
Contact Person: James E. Eentresn, Jr., E.E. Phone Number: ( 910 ) 815-0775
This worksheet applies to: Basin No. 1—A in Drainage Area 1--A
(as tdseipdon plmrs) ft. Form SWJ-1o1)
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 Yaupon
Infiltration. Rate 4.6 in/hr or c£/hr/s:f (circle appropriate units)
SHWT Elevation 16.0 imsl (Seasonal High Water Table elevation)
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
4.5 inch (1.5 inch event for SA waters, I inch eventfor others)
23,161 c.f
0.25 days
188 & x 56
23,371 c.f
18.0l
1q_95
final
2 0.0
£rnsl
Form SWU-103 Rev 399 Page 1 of 3
ft. = 10, 223 sq. £t. (bottom dimensions)
ECEIVE
SEP 0 6 2016
BY.

M. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Faaviromment, 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 Storruwater Management ]Permit
Application Form, the agent may initial below. Attach jusffication N a requirement has not been met.
Applicants Initials
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
b. Systeua 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.
,Le 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.
£ 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.
g. Drainage area for the device is less than 5 acres.
/ h. Soils have a mininnim 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 ). Design volume and infiltration calculations attached.
-Ulj. 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.
k All side slopes stabilized with vegetated cover are no steeper than 3:1 OIV).
1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or
sediment trap is provided.
rn. 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.
n. Vegetated filter is provided for overflow and detail is shown on plans (Required minim"m
length is 50 feet for SA waters, 30 feet for other waters).
o. Flow distribution mechanism within the basin is provided.
p. A bencl umarkis 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).
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 mport and all
pertiment draw -down calculations are attached.
s. Plans ensure that the installed system will meet design specifications (constricted or
restored) upon initial operation once the project is complete and the entire drainage area is
stabilized.
ECEIVE
Farm SWU 103 Rev 3.99 Page 2 of 3 SEP 0 8 2016
BY:

lv INFILTRATION BASIN OPERATION AND.MAINTENANCE AGREEMENT
L 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 mRlrita L-n a maximum height.of six inches, and remove trash as needed.
3. After every nmoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow
structures for blockage and deterioration. Removeany blockage and repair the structure to approved design
specifications.
4. Remove accumulated sediment fromi 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 (Le. stockpiling near a stormwater treatment device or stream, etc.).
A benchmark shall be established in the pretreatnmt 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 f, 5 feet in the pretreatment unit, the sediment shall be
removed from both the pretreatment unit and the infiltration basin.
5. 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 .I000 must be designed, approved and constructed.
I acknowledge and agree by my signature below that I am responsible for the performance 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: Beath Clark, Xanaeer
d Road
910-350-
Note: The legally responsible party should
resident of the subdivision has been
NC 28403
Date:
a homeowners association unless more than 50% of the lots have been sold and a
president.
I, „e-(\6f- S . � , Q•-S . a NLottary Public for the State of N 0 r� C4-r 0 l Co Hof
�r'l 5 W t C LC hereby certify thhat R �C1 � 2a (�_ 0� t' personally appeared before me this 2 0 44-`*
day of Z 00 and adlmowIedge the due execution of the forgoing infiltration basin maintenance req*anjents.
Witness my band and ofiicijW&...__
`+`0.
-aS.�l
SFAL.
TA
Form SWU 103 g
My commission expires in ' e
SEP 0 8 2016
Page 3 of 3
BY:

Permit No. Sworn pt2c%
(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 Management 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 : Carolina Place
Contact Person: James H Fen Tr—,, p F Phone Number: ( 910 ) 815-0775
This worksheet applies to: Basin No.
1-A
(as identrfied on plans)
in Drainage Area 1-A
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
Infiltration Rate
SHWT Elevation
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
Form SWU-103 Rev 3.99
Yaupon
4.6 in/hr or cf/hr/sf (circle appropriate units)
21.0 fmsl (Seasonal High Water Table elevation)
4.5 inch (1.5 inch event for SA waters, I inch event for others)
23,161 c.f.
0.25 days
188 ft. x 56 ft. 10,223 sq. ft. (bottom dimensions)
23,371 c.f.
23.0
fmsi
24:98'
fmsi
25.0
fmsl
Page 1 of 3
APR 0 6 2005
DWQ
PROD #

III. 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
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
I;ft b. System is located at least 100 feet from water supply wells.
4, a c. Bottom of system is at least 2 feet above the seasonal high water table.
*L( 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.
?/ 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.
R 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 ). Design volume 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.
lc All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or
sediment trap is provided.
a_ 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
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).
o. Flow distribution mechanism within the basin is provided.
I& 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).
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.
s. Plans ensure that the installed system will meet design specifications (constructed or
restored) upon initial opmtion once the project is complete and the entire drainage area is
stabilized
Form SV U-103 Rev 3.99 Page 2 of 3

JIV. INFILTRATION BASIN OPERATION AND.MAINTENANCE AGREEMENT
I. 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 a
readily penetrate into accumulated sediments.
When the design depth reads 1, 5 feet in the pretreatment unit, the sediment shall'be
removed from both the pretreatment unit and the infiltration basin.
5. 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 performance 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: Heath Clark. Manager
Address: 430 Eastwood Road, Wilmington, NC 28403
Phone: 910-350- Date: 20 -05C- ZOD 4--
Signature:
Note. The legally responsible 7pauld n a homeowners association unless more than SO% of the lots have been sold and a
resident of the subdivisieen nam he president.
I, - fA ee- S • 7-5 QCN 4E 5 , a Notary Public for the State of N 0 r k I x (� O-r o k County of
C'1Xri5 W t C IC , do hereby certify that LLt(1 �r personally appeared before me this 2- 0
day of G ry%% Dej ,7004 and acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
Witness my hand and official rAL.,__
�`E S • !
i
SEAT.r''�w�"'
TA Ij
Form SWU-103` Ibg��lg�'1v.V
's..'l8rtrrt Gd •
My commission expires A — on ` uy
Page 3 of 3

Permit No. 56U go �O/Z q
(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 he photocopied for use as an original
DWQ Stormwater Management 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: Carolina Place
Contact Person: James H. Fentress, Jr., P.E. Phone Number: ( 910 ) 815-0775
This worksheet applies to: Basin No.
1-B
(as identified on plans)
in Drainage Area 1-B
prom rorm a rr u-t v.1/
H. 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 Yaupon
Infiltration Rate 4.6
SHWT Elevation 27.0
Basin Design Parameters
Design Storm 4.5
Design Volume 9,010
Drawdown Time 0.20
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
Form SW-103 Rev 3.99
in/hr or cf/hr/sf (circle appropriate units)
fmsl (Seasonal High Water Table elevation)
inch (1.5 inch event for SA waters, I inch event for others)
c.f.
days
123 ft. x 40
11,683 c.f.
29.0
fmsl
30.58
fmsl
31.0
fnsl
Page 1 of 3
ft. = 4,858 sq. ft. (bottom dimensions)

�I. 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
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
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.
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.
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
r attached
i. System captures and infiltrates the runoff from the fast 1.0 inch of rainfall (1.5 inch event for
areas draining to SA waters ). Design volume 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.
5p k All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
1. 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
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).
Iry o. Flow distribution mechanism within the basin is provided.
46✓ 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).
r. System is designed to draw down the design storage volume to the proposed bottom
01 elevation under seasonal high water conditions within five days. A soils report and all
pertinent draw -down calculations are attached.
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

1V. 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 ovef i'ow _
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. Ovei-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 v
readily penetrate into accumulated sediments.
When the design depth reads 1.5 feet in the pretreatment unit, the sediment shall be
removed from both the pretreatment unit and the infiltration basin.
5. 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 performance of the five
maintenance procedures listed above. I agree to notify OWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print Name and Title: Heath Clark, Manager
430 Eastwood Road.
Phone: 91D--,350-1744
Wilmington, NC 28403
Date: /I/ f ?
Note. The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
I, P S 1\n�
a Notary Public for State of, `�C► ` L(� " , County of
do hereby certify that F [_� \n t'(:t \A . LO`e personally'
of NOVEM�� ZO8 appeared before me this'
da
y li;, 4and acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
Witness my hand and official seal,
'ItIO1rouui"
t S .
SEAL
�O { i�lr+� c!�
Form SWU-103 .99080CK
ZV
My commission expires 0 — (S- 1—y
Page 3 of 3

Permit No. � 8 G 01 M
(to be provided by DWo
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 Management 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 : Carolina Place
Contact Person: James H. Fentress, Jr., P.E. Phone Number: ( 910 ) 815-0775
This worksheet applies to: Basin No.
2-A
(as identified on plans)
in Drainage Area 2-A
(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 (finsl).
Soils Report Summary
Soil Type
Infiltration Rate
SHWT Elevation
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
Rureb
6.1
in/hr or cf/hr/sf (circle appropriate units)
28.0
frnsl (Seasonal High Water Table elevation)
1.5
inch (1.5 inch event for SA waters, I inch event for others)
10,100
c.f.
0.24
days
400 $, x 10
24,451 c.f.
30.0
fnsl
31.63
fmsl
33.0
fmsl
:ft. = 3,499 sq. $. (bottom dimensions)
Form. SWU-103 Rev 3.99 Page 1 of 3

IIL 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
11- a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
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.
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.
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 ). Design volume 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.
tAl k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or
sediment trab is provided.
_ m. 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
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).
o. Flow distribution mechanism within the basin is provided.
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).
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.
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 SW-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 2.25 feet in the pretreatment unit, the sediment shall be
removed from both the pretreatment unit and the infiltration basin.
5. 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 performance 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: Heath Clark, Manager
430 Eastwood Road
, NC 28403
Note. The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
I, lent �e�=(j�1e S _ a Notary Public for the State of
Rl�� ` `1'tl `,COuaty of
&-USA `5, L,-N I ck do hereby certify that EALJJ O XA � • t a.0 k personally appeared before me this �q
day of NOU LM—)&.9,q--00q, and acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
Witness my hand and official seal,
SEAL
Form SW-103
My commission expires
Page 3 of 3

Permit No. 56v a,9ii �-Ul 2 q
(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 Management 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: Carolina Place
Contact Person: James H. Fentress, Jr. , . P. E.
This worksheet applies to: Basin No.
2-B
(as identified on plans)
Phone Number: (910 ) 815—o 7 7 5
in Drainage Area 2-B
(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 (finsl).
Soils Report Summary
Soil Type
Infiltration irate
SHWT Elevation
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
Kureb
6.1 in/hr or cfinr/sf (circle appropriate units)
28.0 finSl (Seasonal High Water Table elevation)
4.5 inch (1.5 inch event for SA waters, I inch event for others)
22, 522 c.f.
0.51 days
300
ft. x
15
ft. = 3, 643 sq. ft. (bottom dimensions)
22,607
es.
u"
s-ibel
Q(ev,
30.0
fins].
32.99
finsl
33.0
fmsl
Form SWU-103 Rev 3.99 Page 1 of 3

III. 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
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
liplb 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.
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.
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 ). Design volume 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.
k All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
`2 JSl 1. 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.
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).
o. Flow distribution mechanism within the basin is provided.
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).
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.
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. Removeany 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 2,25 feet in the pretreatment unit, the sediment shall" be
removed from both the pretreatment unit and the. infiltration basin.
5. 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 performance 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: _ Heath Clark, Manager
Address: 430 Eastwood Road, Wilmington, NC 28403
Phone: / 91-.-350-1-7744 n ,� �' Date: // 1/ 4 �O4
- been sold and a
resident of the subdivision has been named the president.
�-1 Oft P_ a Notary Public for the State of N Ord COd 0�lr ; County of
do hereby certify that personally appeared before me this\
day of S OV eSnbf_L _ 2-()N and acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
Witness my hand and official seal,
}a��arrlal:aiEsier�
SEAL t,`�4C�a �..,.'~'.. `JDA.''0--,
S
�TAi� 0
Form SWU-lo3 Rew0 L/ B L\G �-0
My commission a spires ` 01 ` 0s
Page 3 of '3
Y%

r
Permit No. SGv gU 4G 1 Zq.
(to be provided by DWQj
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
DWO Stormwater Management 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: Carolina Place
Contact Person: James H. Fentress, Jr., P.E. Phone Number: ( 910) 815-0775
This worksheet applies to: Basin No.
3—A
(as identified on plans)
in Drainage Area 3-A
(from Form SWU-101)
I1. 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 (finsl).
Soils Report Summary
Soil Type
Infiltration Rate
SHWT Elevation
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
Knrah
6.1 in/hr or cf/hr/sf (circle appropriate units)
28.0 finsl (Seasonal High Water Table elevation)
4.5 inch (1.5 inch event for SA waters, I inch event for others)
16,830 c.f.
0.26 days
152 ft. x 22 fl. 5,396 sq. ft. (bottom dimensions)
26,960 c_f
30.0
finsl
32.12
finsl
33.00
fins]
Form SWU-103 Rev 3.99 Page 1 of 3

III. 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
a.
System is located 50 feet from class SA waters and 30 feet from other surface waters.
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.
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.
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 ). Design volume 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.
k.
All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
1.
A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or
sediment trap is provided.
ItA m.
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.
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).
o.
Flow distribution mechanism within the basin is provided.
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).
4,eV 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.
^ 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 4
readily penetrate into accumulated sediments.
When the design depth reads 2. Z< feet in the pretreatment unit, the sediment shall" be
removed from both the pretreatment unit and the infiltration basin.
5. 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 performance 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: Heath Clark, Manager
430 Eastwood Road
910---U0-1744
Wilmington, NC 28403
Date: / ( //4
Note. The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president. *` _ — \
I, �Q (NC S • ot� � a Notary Public far the State of IVD ` `+�, �x a1,tCountyty of
?ZL�1Sw ► k�, do hereby certify that • MOLE k personally appeared before me this YN
day of N8 *f— MAR_ ? Qd-i -and acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
Witness my hand and official �tvtutr„
""0 ��,
SEAL
40 TA)%
PL113 00 Cj
Form SWU-103 Rsy G
Lily commission expires 9—n " O
Page 3 of 3

'e-
Permit No. sw eo4o(Z l
(to be provided by DWQJ
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 Management 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 : Carolina Place
Contact Person: James H. Fentress, Jr., P.E. Phone Number: (910 ) 815-0775
This worksheet applies to: Basin No.
3-B
(as identified on plans)
in Drainage Area 3-B
(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 (finsl).
Soils Report Summary
Soil Type
Infiltration Rate
SHWT Elevation
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
b . 1 in/hr or ef/hr/sf (circle appropriate units)
28.0 finSI (Seasonal High Water Table elevation)
4.5 inch (1.5 inch event for SA waters, I inch event for others)
29,293 c.f.
0.38 days
46 ft. x 128 _ ft = 6,248 sq. ft. (bottom dimensions)
29,355 c.f.
32.0
fmsl
34.99
fmsl
35.00
finsl
Form SWU-103 Rev 3.99 Page I of 3

III. 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
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
of-
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.
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.
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 ). Design volume 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.
k All side slopes stabilized with vegetated cover are no steeper than 3:1(H:V).
1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed Swale or
sediment +gip is provided.
m. 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
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).
o. Flow distribution mechanism within the basin is provided.
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).
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.
s. Plans ensure that the installed system will meet design specifications (constructed or
restored) upon initial operation once the projedt is complete and the entire drainage area is
stabilized
Form SW-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 ti
readily penetrate into accumulated sediments.
When the design depth reads z,z - feet in the pretreatment unit, the sediment shall"be
removed from both the pretreatment unit and the infiltration basin.
5. 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 performance 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: Heath Clark, Manager
430 Eastwood Road, Wi
ton, NC 28403
The legally responsible party should not be a homeowner
resident of the subdivision has been named the president.
it
unless more than 50% of the lots have been sold and a
1, _ �I�P t1� °t� S • O (� a Notary Public for the State of �Sz VAX-N CDX o�i County of (�
{�� V► C\S l�J ►C� , do hereby �0 certify that _ �1 ��CA � C�C� personally appeared before me this oK
day of N6W-: N'C-ye �mna , d acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
Witness my hand and�i�.: ✓Q��i,���,,
` �oi.a R FN
SEAL _ \ !'z My commission expires
P
G_
Form SWU-103 Rev3e,,'�1[`K GO��•``�,�`' Page 3 of 3

Permit No. --)6tJ ;y0 ¢C31 zg
(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
DWO Stormwater Management 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 : Carolina Place
Contact Person: James H. Fentress Jr., P.E. Phone Number: ( 910) 815-0775
This worksheet applies to: Basin No. 4—A in Drainage Area 4-A
(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 (finsl).
Soils Report Summary
Soil Type
Infiltration Rate
SHWT Elevation
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
Kureb
6.1 in/hr or cDbr/sf (circle appropriate units)
30.0 fMS1 (Seasonal High Water Table elevation)
4.5 inch (1.5 inch event for SA waters, 1 inch event for others)
20,633 c.f.
0.33 days
56 f . x 117
20,706 c.f.
32.0
finsl
34.99
finsl
35.0
fmsl
f . = 5, 066 sq. ft. (bottom dimensions)
Form SWU-103 Rev 3.99 Page 1 of 3

M. 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
?JY a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
-14iI 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.
' 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.
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 ). Design volume 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.
k All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or
sediment trip 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.
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).
.ems o. Flow distribution mechanism within the basin is provided. .
z� 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).
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.
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 ti
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.
5. 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 performance 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: Heath Clark, Manager
430 Eastwood Road
Phone:
Signati
ton, -NC 28403
Note. The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president. ,, `` `
L RP S CAN L a Notary Public for the State of r 0 T- W� ` C�^�`�o�imtay of 1 Q
do hereby certify that L.
lQ.M� � !.!,(` �� personally appeared before me this 1 _1 *AN
day.0NOW-.1Ts�2-004 and acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
Witness my hand and official seal,
`4 ���t�tett`tSttcsip��d
s
J0
SEAL .�•� 4�?r'''~N.•� tin'a My commission expires_ C "_ C)7 ` Q�
�4TAAy V
Form SWU-103 R4 3* PLI B L \%j Page 3 of 3
SIN' CtK t

Permit No. SOU g 0 k I Z/
(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 Management 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 : Carolina Place
Contact Person: James H. Fentress, Jr.. P E Phone Number: ( 910) 815-0775
This worksheet applies to: Basin No. 4-B in Drainage Area 4-B
(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 Ievel (fins]).
Soils Report Summary
Soil Type
Infiltration Rate
SHWT Elevation
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
Kureb
6.1
30.0
4.5
gn_c►71L
in/hr or cf/hr/sf (circle appropriate units)
fmsl (Seasonal High Water Table elevation)
inch (1.5 inch event for SA waters, I inch event for others)
c.f.
0.30 days
103 f . x 66 ft = 5,652
22,961 c.f.
32, 0
finsl
34.86
finsl
35.0
finsl
sq. ft. (bottom dimensions)
Form SWU-103 Rev 3.99 Page 1 of 3

III. 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
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
461 b. System is located at least 100 feet from water supply wells.
41,1 c. Bottom of system is at least 2 feet above the seasonal high water table.
0-1 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.
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 ). Design volume 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.
k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or
sediment trap i.a provided,
m. 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.
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).
o. Flow distribution mechanism within the basin is provided.
P.
q•
r.
A benchmark is provided to determine the sediment accumulation in the pretreatment device.
Runoff in excess of the design volume bypasses off-line systems (bypass detail provided).
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.
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
l . 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. Removeany blockage and repair the structure to approved design
specifications.
4. Remove accumulated sediment fiarri 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 2. Z5 feet in the pretreatment unit, the sediment shall be
removed from both the pretreatment unit and the infiltration basin.
5. 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 aim responsible for the performance 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: Heath Clark, Manager
430 Eastwood Road, Wi
ton, NC 28403
!Vote. The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
Q ,reesident of the subdivision has been named the president.
1, r1CPP f - S . -1af� e � a Notary Public for the State of AO CAN L.D4 011 rl
{� ounty of
do hereby certify that E►W�[-A \A . C AQX V-,, personally appeared before me this
day of NO NX PM'Me .20 AQ and acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
Witness my hand and official4�j,unu„���
'lkA
SEAT
Q TAP, N
FormSWU-103 Rev,
My commission_ expires Q— d�
Page 3 of 3

Permit No. 1176mp
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APP L.LCATION FORM
INFILTRATION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management 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 : SeASDr+A,, C pye. o &ypLr m*M PlnL Pht T
Contact Person: mob 13,� U*gvd( Phone Number: (Rio ) JtPZ- 44200
This worksheet applies to: Basin No. in Drainage Area S
(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 (finsl).
Soils Report Summary
Soil Type
Infiltration Rate
SHWT Elevation
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
NeWiy
9.4 in/hr or cf/hr/sf (circle appropriate units)
31. 83 finsl (Seasonal High Water Table elevation)
T 5 inch (1.5 inch event for SA waters, I inch event for others)
19 VY1 c.f.
2.0 M41r-.S
S ! ft. x Z Z (p ft. _ �? sq. ft. (bottom dimensions)
$023*7 c.f.
33.03 finsl
S515; fmsl
34-00 finsl
Form SW-103 Rev 3.99 Page 1 of 3

III. 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
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
b. System is located at least 100 feet from water supply wells.
SOZ c. Bottom of system is at least 2 feet above the seasonal high water table.
d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon.
-26 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.
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 ). Design volume and infiltration calculations attached.
j. System is sized to take into account the runoff at the ultimate built -out potential from all
nn surfaces draining to the system, including any off -site drainage. Calculations attached.
k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
1. A_ pretreatment device such as a catch basin, grease trap, filter strip, gassed 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.
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).
o. Flow distribution mechanism within the basin is provided.
P. A benchmark is provided to determine the sediment accumulation in the pretreatment device.
Olr q. Runoff in excess of the design volume bypasses off-line systems (bypass detail provided).
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.
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

r
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 1 feet in the pretreatment unit, the sediment shall be
removed from both the pretreatment unit and the infiltration basin.
5. 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 performance 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: µ -4 1Ln C• L of k , m A.et o r
Address: 1430 EAR} ppet p(i.o< Wj.j &g &M I A/ C C A qO3
Phone: 4 f 0 - Date: 1012 / 06-
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
//Jf resident of the subdivision has been named the president.
I, l ASWL 8�,4A/7 0 �l , a Notary Public for the State of 1,18 W CA4oLluA ,County of
?EX7D , do hereby certify that FawAA, m �La� personally appeared before me this
day off zbbC, and acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
Witness my hand and official seal, �0lG;r
SEAL ``��� • ... Egy��i�
OA
•o_
Form SV 103 v %9
'
u
My commission expires -714LY, 27 Zoor
Page 3 of 3

Permit No. Sw d? U 401 ZGJ
(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 Management 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: Carolina Place
Contact Person: James H. Fentress Jr., P.E. Phone Number: ( 910) 815-0775
This worksheet applies to: Basin No.
5
(as identified on plans)
in Drainage Area 5
prom r orm a tr u-! ul)
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 (fins]).
Soils Report Summary
Soil Type Kureb
Infiltration Pate 6.1 in/lir or cf/hr/sf (circle appropriate units)
SHWT Elevation 36.0 finsl (Seasonal High Water Table elevation)
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
4.5 inch (1.5 inch event for SA waters, I inch event for others)
15,700 c.f.
0.18 days
70 $ x 105 $ = 7,016 sq. ft. (bottom dimensions)
17,740 c.f.
39.0 fnsl
40.79 finsl
41.0 finsl
Form SWU-103 Rev 3.99 Page I of 3

III[. 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
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
1411>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.
If
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.
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 ). Design volume 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.
k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H: V).
1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or
sediment trap is provided
m. 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.
•cn� 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).
z� o. Flow distribution mechanism within the basin is provided.
•, 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).
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.
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 SW-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 amivally 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.
5. 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 performance 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: Heath Clark, Manager
430 Eastwood Road, Wilmington, NC 28403
_ been sold and a
resident of the subdivision has been named the president.
I, �Notary Public for the State of�Coun�ty of Q
C l.�twS C. ,do hereby certify that (A' K-A V\ \ ACE \5, personally appeared before me this 1=l
day ofN d —NNb . _ Z- Q 0Li • and acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
Witness my hand and official seal,
a ti��tss.5 �i!!taasrr.�
$
REALO�'^'>�
a (!i
'�pTA, ?
= S. .
FormSWU-103 Rev � LIBL�G �U
My commission expires q'
Page 3 of 3

Permit No'26:0 #0/a-/
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
ST©RIAWATER MANAGEMENT PERMIT APPLICATION FORM
INFILTRATION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management 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 : fr—AS Cnj e_ ®j C4*OL "* p%yz_ 19%• a 4 =
Contact Person: 2a6 -A ft"U ( Phone Number: (91o) '77'(o Z-YZ00
This worksheet applies to: Basin No. (o in Drainage Area (p
(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
Infiltration Rate
SHWT Elevation
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
Gct/ N
(I ' I in/hr or cf/hr/sf (circle appropriate units)
3Z. 00 fmsl (Seasonal High Water Table elevation)
4 - S inch
5405+ c.f
5.13 1 %M -days.
a 3 ft. X
151 V c.f.
�6+.2s fmsl
V1.60 fmsl
38 • dG fmsl
(1.5 inch event for SA waters, I inch event for others)
61-57 ft. = 'rl l o & sq. ft. (bottom dimensions)
Form SWU-103 Rev 3.99 Page 1 of 3

III. 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
TM
System is located 50 feet from class SA waters and 30 feet from other surface waters.
System is located at least 100 feet from water supply wells.
Bottom of system is at least 2 feet above the seasonal high water table.
Bottom of the system is 3 feet above any bedrock or impervious soil horizon.
System is not sited on or in fill material or DWQ approval has been obtained.
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.
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 infiltrates
--
captures and the runoff from the first 1.0 inch of rainfall (1.5 inch event for
areas draining to SA waters ). Design volume 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.
k.
All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
1.
A pretreatment device such as a catch basin, g~rcasc trap, filter strip, grassed swale or
sediment trap is provided.
Bottom
in.
of the device is covered with a layer of clean sand to an average depth of 4 inches or
dense vegetative cover is provided.
n.
Vegetated filter is provided for overflow and detail is shown on plans (Required minimum
f
length is 50 feet for SA waters, 30 feet for other waters).
N o.
Flow distribution mechanism within the basin is provided.
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).
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.
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 Z . 44 feet in the pretreatment unit, the sediment shall be
removed from both the pretreatment unit and the infiltration basin.
5. 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 performance 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 parry.
Print Name and Title: 1+dA 4A Clow k MAWA p.er
Address: �J 3 d EA6 ,,anal TA. W i g nn § 34oAj m c. Z SY o 3
Phone: 9/0— !)St2— j j 4Cd .-1 Datc: 1 O� Z I oS
—7 � . . i'%
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
a Notary Public for the State of A/0 -34 t'lAAbLIA q , County of
do hereby certify that gFDw4jM t4. (ia.Pr personally appeared before me this
j 2-
day of %�cc/��C , ZDb and acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
Witness my hand a` fIfto jeal,
€�i��°4ii
SEAL �� � • NO, • My commission expires J141V Z 7. 2c DF
in • . 4
Form SWU- r �,v,,p.4..�� Page 3 of 3

r SGv904.012 Cl
Permit No.
(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 Management 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 : Carolina Place
Contact Person: .Tames H. F n rPess .Tr,, P F Phone Number: (910 ) 815-0775
This worksheet applies to: Basin No. 6
(as identified on pl—)
in Drainage Area 6
pnrm rurrrr oY'v-t w/
H. 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 Yaupon
Infiltration Rate 4.6 in/hr or Cf/hr/Sf (circle appropriate units)
SHWT Elevation 35.0 finsl (Seasonal High Water Table elevation)
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
4.5 inch (1.5 inch event for SA waters, I inch event for others)
23,837 c.f.
0.49 days
50 ft. x 105
24,100 c.f.
38.0 find
40.97 finsl
41.0 find
Form SWU-103 Rev 3.99 Page 1 of 3
$. = 5287 Sq. ft. (bottom dimensions)

I
III. ]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
a.
System is located 50 feet from class SA waters and 30 feet from other surface waters.
-JO/ b.
re
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.
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.
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 ). Design volume 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.
k.
All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
1.
A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or
sediment trap is movided.
m.
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.
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).
o.
Flow distribution mechanism within the basin is provided.
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).
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.
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 2.25 feet in. the pretreatment unit, the sediment shall" be
removed from both the pretreatment unit and the infiltration basin.
5. 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 performance 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: Heath Clark, Manager
Address: 430 Eastwood Road, Wilmington, NC 28403
Phone: [phone] ` Date:
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president. .
I, _:� L'P _ OYti , a Notary Public for the State of gaA ` O 1 r County of
dr "IN % LL CVC., . do hereby certify that F-A W QsXA iA . C 1 GLl` t(_ personally appeared before me this
day of K(Ne-M)2-k Z V(N4 and acknowledge the due executions of the forgoing infiltration, basin maintenance requirements.
Witness my hand and offic}�1egM11ssgee,
�k
���...... �ONO
SEAI. �+e O T R Illy commission expires ��
'�` 8 Llc�
Form SWU-103 I+� _`+ Page 3 of 3
0-

Permit No.
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STGRIliIWATER MANAGEMENT PER1VIiT APPLICATION FORM
INFILTRATION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWO Stormwater Management 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:
Contact Person:
Phone Number: (qj O ) �!o Z-Y2 oo
This worksheet applies to: Basin No. -4 A in Drainage Area -4A_
(as identified on plans) (from Form SWU-101)
H. 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 (finsl).
Soils Report Summary
Soil Type
Infiltration Rate
SHW1' Elevation
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
( L4 iin/hr_or cf/hr/sf (circle appropriate units)
3 l . 00 finsl (Seasonal High Water Table elevation)
S inch
2, 3!o �Ncs .
ft. x
c.f.
33.00 fmsl
3y, 7'- fmsl
3S . OD fmsl
(1.5 inch event for SA waters, 1 inch event for others)
sq. ft. (bottom dimensions)
Form SWU-103 Rev 3.99 Page 1 of 3

III. 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.
Applic is Initials
1, %a.
System is located 50 feet from class SA waters and 30 feet from other surface waters.
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.
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 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.
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.
o
i.
System infiltrates
captures and the runoff from the first 1.0 inch of rainfall (1.5 inch event for
areas draining to SA waters ). Design volume 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.
k.
All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
0 -11 _i� 1.
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.
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).
o. Flow distribution mechanism within the basin is provided.
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).
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.
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 1,31 feet in the pretreatment unit, the sediment shall be
removed from both the pretreatment unit and the infiltration basin.
5. 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 performance 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: li e-&.� C Ia.rk , 191&VR s er
Address: ''130 EAs4-Uje2od {Z,C1. ti�,'Im.' APAAP Ale rage)
Phone: 910 - 3 S O - 1 'j- &j 1j ,r Date: Io% ed as --
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident^ of
the subdivision has been named the president.
I, =WL /J 44.cML) a Notary Public for the State of "D -->/&QL1 A , County of
do hereby certify that E-zwA2r )4. (�tAAje personally appeared before me this _Lz
day of —baegWaPG , 2 oas , and acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
Witness my hand and official seat,
SEAL ```i�1111111Cf�t���'''
a: NO
-m•
Form S1'43 ev 9 ;
90•.
NC 1111�����
My commission expires ..JUby' 2 Z zoo 9-
Page 3 of 3

C
Permit No. 5w 90 ¢U (Z9
(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
DWO Stormwater Management 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 :
Carolina Place
Contact Person: James H. Fentress, Jr., P.E. Phone Number: ( 910) 815-0775
This worksheet applies to: Basin No. 7-A in Drainage Area 7-A
(as identified on plans) (from Form SWU-101)
H. 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 Yaunon
infiltration Rate 4.6 in/hr or cvnr/sf (circle appropriate units)
SHWT Elevation 33.0 fmsl (Seasonal High Water Table elevation)
Basin Design Parameters
Design Storm 4.5 inch (1.5 inch event for SA waters, I inch event for others)
Design Volume 19,283 c.f.
Drawdown Time 0.36 days
Basin Dimensions
Basin Size 132 ft. x 50 ft. = 5, 794 sq. ft. (bottom dimensions)
Basin Volume Provided 22,653 r_.f
Basin Elevations
Bottom Elevation 36.0 f nsl
Storage Elevation 38.62 finsl
Top Elevation 39.0 fmsl
Form SWU-103 Rev 3.99 Page 1 of 3

III. 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 beenmet 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
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
r 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.
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.
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 0.5 inch event for
areas draining to SA waters ). Design volume 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.
k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
1. 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
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).
o. Flow distribution mechanism within the basin is provided.
p. A benchmark is provided to determine the sediment accumulation in the pretreatment device.
ZJAW q. Runoff in excess of the design volume bypasses off-line systems (bypass detail provided).
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.
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 SVX-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 heinht.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 -Z.2s feet in the pretreatment unit, the sediment shall'be
removed from both the pretreatment unit and the infiltration basin.
5. 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 performance 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: Heath Clark, Manager
430 Eastwood Road
910-350-1744
ton, NC 28403
Date: it/ I
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president. a
I, 9 p—mlo- S . —3c>�e. � , a Notary Public for ``th1e state of'N & Or1 it 0I 1 n; $ounty of
t�
do hereby certify that EAwa 7 • C.l f personally appeared before me this
day of M\1P_knSaLR� ,2004. and acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
Witness my hand and official t*9tee,eer„+
%%%`�'; E S .
SE-AIL�IP,
TA
= S.
Form SWU-103 Rev-UBL' ZV
G�..�````
My commission expires_ �I- 0'1- C)
Page 3 of 3
,0_

Permit No. , 40 f ela?
(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 Management 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 ()y& ?,4� ��j r
Contact Person: Ro to B"J L'&& d Phone Number: (9/O ) -* Z — YZ00
This worksheet applies to: Basin No. :4 a in Drainage Area :1 6
(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 (finsl).
Soils Report Summary
Soil Type
Infiltration Rate
Sf1W1' Elevation
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
eLtwh W
%.LI in/hr or cf/hr/sf (circle appropriate units)
3 1.O O find (Seasonal High Water Table elevation)
4-is inch
`1q 4 300 c.f.
2 . Z hrs
ft. x
�S13�f� c.f
33.00 finsl
+ . 75* finsl
3S'00 finsl
(1. S inch event for SA waters, 1 inch event for others)
ft. = (9S sq. ft. (bottom dimensions)
Form SWU-103 Rev 3.99 Page 1 of 3

III. 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 f eert 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
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
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.
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.
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.
VIA 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 ). Design volume 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.
k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
W�
A pretreatment device such as a catch basin, grease trap, fillLc step, 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.
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).
o. Flow distribution mechanism within the basin is provided.
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).
_!:�37W— S.
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.
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 I ..31 feet in the pretreatment unit, the sediment shall be
removed from both the pretreatment unit and the infiltration basin.
5. 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 performance 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.
Phone: 350 — I y!{ P, Date: 10I Z1I oS
—,, ' .
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president. /
I, &6;; ✓L �tAArsb� a Notary Public for the State of /�1 D2-}�&o&Z.iyA , County of
�?&.ID&-JL , do hereby certify that FDWA2n )"/ personally appeared before me this L
day of was , and acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
Witness my hand and official seal,
SEAL ��,.......•9y
a; Np
s
• :z-
-m•
Form SVIy�> i3 yv 3. 9�•: `
NC
rnu
My commission expires ✓gj e Z 7, zo e r
Page 3 of 3

Permit No. 5(k Y 6 ¢U 129
(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
DWO Stormwater Management 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 : Carolina Place
Contact Person: James H. Fentress, Jr., P.E.
This worksheet applies to: Basin No.
7-B
(as identified - plans)
Phone Number: ( 910) 815-0775
in Drainage Area 7--B
/rum r urm a" U-! U/)
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 (finsl).
Soils Report Summary
Soil Type
infiltration Rate
SHWT Elevation
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
Yaunon
4.6
33.0
4.5
15,315
in/hr or cf/hr/sf (circle appropriate units)
finsl (Seasonal High Water Table elevation)
inch (1.5 inch event for SA waters, I inch event for others)
c.f.
0.22 days
225 : ft. x 33
18,417 c.f.
37.0 finsl
38.69 finsl
39.0 finsl
ft. = 7,436 sq. ft. (bottom dimensions)
Form SWU-103 Rev 3.99 Page 1 of 3

M. 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
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
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.
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.
Zk f. System is located in a recorded drainage easement for the purposes of operation and
41 maintenance and has recorded access easements to the nearest public right-of-way.
*6, g. Drainage area for the device is less than 5 acres.
!,72r 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 ). Design volume 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.
k All side slopes stabilized with vegetated cover are no steeper than 3:1(H:V).
1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or
sediment trap is provided.
m. 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.
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).
o. Flow distribution mechanism within the basin is provided.
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).
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.
s. Plans ensure that the installed system will meet design specifications (constructed or
restored) upon initial operation once the prwj ec is complete and the entire drainage area is
stabilized.
Form SW-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 1, 5 feet in the pretreatment unit, the sediment shall be
removed from both the pretreatment unit and the infiltration basin.
5. 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 performance 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; Heath Clark, Manager
Address: 430 Eastwood Road, Wilmington, NC 28403
Phone: T 350-1744 `J �-� Date: � � � 14( D f
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
I, 91t eM- S • --5OC1 S . a Notary Public for the State of ounty of
Q fEW(`cJ-,Q i �C do here o ' 1
� - by certify that �('�(�,� j,��C't • � l0.C- VL personally appeared before me this t
day of N 01i !,rV\)n& 9 .2 0 04 , and acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
Witness my hand and official seal,
k�bii
SEALti,'� , , ,..a. �, r
S-
Form SW-103 R EQ��t,",, C-) w
Off,/ %li�sa•reMs� ♦ RaO.
My commission expires Ct —()I — ()S-
Page 3 of 3

Permit No. 5&)66440i,. Q
(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
DWO Stormwater Management 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 : SeA512 ('opt, (D CAVO Lim e%wW, loh -X s =
Contact Person: Bolo 3 a U_ 4A.4 Phone Number: ( 960 ) -4(a 2— SI Z G0
This worksheet applies to: Basin No
(as identified on plans)
in Drainage Area is
(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 IUeW .'*M
Infiltration Rate _ 40. 1 0 in/hr or cf/hr/sf (circle appropriate units)
SH WT Elevation %$. O fmsl (Seasonal High Water Table elevation)
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
3 • inch
45113 c.f.
Q. (S VY5, 4aygs
(1.5 inch event for SA waters, 1 inch event for others)
j5 l• o ft. X q_*7. 3
_ �54 Zq c.f.
2 2.00
finsl
Va. ®o
fmsl
2(0.50
finsl
ft. = _7*1 3 sq. ft. (bottom dimensions)
Form SWU-103 Rev 3.99 Page I of 3

III. 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
F a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
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.
d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon.
TIL 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
Y g purposes of operation and
maintenance and has recorded access easements to the nearest public right-of-way.
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 ). Design volume 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.
k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
1. A pretreatment device such as a catch basin, grease trap, filter sip, grassed swale or
sediment trap is provided.
7W 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.
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).
o. Flow distribution mechanism within the basin is provided.
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).
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.
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

r
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.
5. 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 performance 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: [IeA �I-�n C I Ad, , ✓y A v.4 cef
Address: L; 9 0 Ehs� L&tgd l.t ]' 1 rn i uc ON tun Z514 D 3
Phone: 91 O — 3SQ m1_:? YL! e= Date: 10j ZI�
T �a
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
�%
resident of the subdivision has been named the president.
1, &970VL ,C� 6A.yraJ/ a Notary Public for the State of AAA-)4 &zi21.JA , County of
ee , do hereby certify that 171)1.VA.ea 4. &44d personally appeared before me this / 2
day of L�l= yr�/,��C , Z v0-C , and acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
Witness my hand and official seal,
\\\\1111111t///YZ I�/ 0��
SEAL �,,`ic�... C.. tii
rn
Form S 3 V
My commission expires Luc y z 7, Zoo S
Page 3 of 3

Permit No.
(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
DWO Stormwater Management 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 :
Contact Person:
Carolina Place
James H. Fentress, Jr. , P.E. Phone Number: (910 ) 815-0775
This worksheet applies to: Basin No. 8 in Drainage Area 8
(- identified on pl—) (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 Yaupon
Infiltration Rate 4.6 in/hr or cf/hr/sf (circle appropriate units)
SHWT Elevation 16.0 f msl (Seasonal Haigh Water Table elevation)
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
1.5 inch (1.5 inch event for SA waters, I inch event for others)
8,546 c.f.
0.56 days
35 ft. x 58
11 , 7 7 .i c.f
19.0
imsl
21.42
fmsl
22.0
fmsl
Form SWU 103 Rev 3.99 Page 1 of 3
f}, = 1,656 sq. ft. (bottom dimensions)

III. 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
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
Farm SVX-103 Rev 3.99 Page 2 of 3
b. System is located at least 100 feet fr
om water supply wells.
T_ c.
Bottom of system is at least 2 feet above the seasonal high water table.
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 DVVQ 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.
z�y 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.
414>11, 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 ). Design volume 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.
k.
All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
1.
A pretreatment device such as a catch basin, grease trap, filter strip, grassed Swale or
sediment trap is provided.
m.
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
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).
� o.
Flow distribution mechanism within the basin is provided.
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).
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.
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.

IV. INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT
L 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 2.25 feet in the pretreatment unit, the sediment shalfbe
removed from both the pretreatment unit and the infiltration basin.
5. 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 air responsible for the performance 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: Heath Clark, Manager
430 Eastwood Road, Wilmington, NC 28403
.Vote: The legally responsible party should not be a homeowners association unless more than SO% of the lots have been sold and a
resident of the .subdivision has been named the president.
L 2&.nf . S Cn G a Notary Public for the State of N115C4\ C.CLM O,1 r-,(ounty of
IL&]1 CAL , do hereby certify that dw0� red . CAQX 1L personally appeared before me this 4jr�
day of N�X.l`c1�DQ 2-004 and acknowledge the due execution of the forgoing infiltration basin maintenance requirements.
Witness my hand and official .P��1,mall((("S',,
v • ✓e
SEAL ` TA
J�c�Oy
Form SW-103
My commission expires
Page 3 of 3

M 3.2006 9:39AM NCDENR WIRO
NO.573 P.9
State Stormwatr ianagement Systems
Permit No, sv,,d 040129 Modification
Seaspray Cove @Carolina Place
Stormwater Permit No. SW8 040129 Modification
Brunswick County
Designer's Certification
Page 1 of 2
1, ,'MEMO ?,• PLAI�� E, as a duly registered EfA61 1AVEV-- in the State
of North Carolina, having been authorized to observe eriodical. weeklylfull time) the
construction of the project,
(Project)
for I1LA, V- iJoW-S OF \41L l4 , project Owners 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 are a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
�► Ir�ii
Registration NuWr
Date-410,10e,
a
Rsrsa A r%f Q

3.2006 9:39AM NCDENR WIRO ivu.:)r.J r..1U
State stormwat( lanagement Systems
Permit No Sbvd 040129 Modification
Certification Requirements:
Page 2 of 2
t' 1. The drainage area to the system contains approximately the permitted acreage.
✓ 2. The drainage area to the system contains no more than the permitted amount of
/j��vj-, built -upon Vj
area. Lvar6 Ad�E �� WWT oar' ibW� - LI
v/ 3. All the built -upon area associated with the project is graded such that the runoff
drains to the system, Sp+,IE AS 10) ';
v,"*"4. All roof drains are located such that the runoff is directed into the system.
wJc � SAMO ^S J10-0ED Acea410 .
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet/bypass structure is located per the approved plans,
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
Y 9, Vegetated slopes are no steeper than 3:1.
✓ 10. The inlets are located per the approved plans and do not cause short-circuiting of
the system.
11. The permitted amounts of surface area and/or volume have been provided.
r% 12. Required bypass devices are correctly sized per the approved plans,
i/ 13. All required design depths are provided.
V" 14. All required parts of the system are provided, such as a flow spreader
mechanism, bypass structure and a vegetated filter.
15, The required dimensions of the system are provided, per the approved plan.
cc: NCDENR-DWQ Regional Office
Delaney Aycock, Brunswick County Building Inspections
Jeff Phillips, Brunswick County Engineering
Page 9 of 9

State Stormw ` Management Systems
L ermit No. SW8 040129
Seaspray Cove @Carolina Place..? '` Page 1 of 2
Stormwater Permit No. SW8 040129
Brunswick County
Designees Certification
1, Z7, Nt 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 .+- sL%It C� (Project Owner) hereby state that, to the best of
my abilities, due care and diligence as 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 are a part of this Certification.
Noted deviations from approved plans and specifications:
i
Signature
Registration er �a aL9D 'CA'�
Date \ o `\at 2 -0:1
Page 8 of 9

State Stormwatl-- `magement Systems
, armlt No. SW8 040129
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of
built -upon area.
3.
All the built -upon area associated with the project is graded such that the runoff
drains to the system.
4.
All roof drains are located such that the runoff is directed into the system.
�5.
The outlet/bypass structure elevations are per the approved plan.
6.
The outlet/bypass structure is located per the approved plans.
7.
Trash rack is provided on the outlet/bypass structure.
8.
All slopes are grassed with permanent vegetation.
5AR 9.
Vegetated slopes are no steeper than 3:1.
--SW 10.
The inlets are located per the approved plans and do not cause short-circuiting of
the system.
11. The permitted amounts of surface area and/or volume have been provided.
12. Required bypass devices are correctly sized per the approved plans.
13. All required design depths are provided.
_14. All required parts of the system are provided, such as a flow spreader
mechanism, bypass structure and a vegetated filter.
15. The required dimensions of the system are provided, per the approved plan.
cc: NCDENR-DWQ Regional Office
Delaney Aycock, Brunswick County Building Inspections
Page 9 of 9

RECEIVED
APR 0 6 2005
DWQ
(Top portion for recording purposes)
DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR THE
SEA SPRAY AT CAROLINA PLACE COMMUNITY
THIS DECLARATION is made on the date hereinafter set forth by Bill Clark Homes of
Wilmington, LLC, a North Carolina limited liability company (hereinafter referred to as
"Declarant"):
WITNESS TO:
WHEREAS, Declarant is the owner of certain real property located in Brunswick
County, North Carolina, which is more particularly described on Exhibit "A" attached hereto and
made a part hereof by reference (hereinafter sometimes referred to as the "Property").
WHEREAS, Declarant desires to create on such property an exclusive residential
community of single-family homes to be known as Sea Spray at Carolina Place (hereinafter
sometimes referred to as "Subdivision");
WHEREAS, Declarant desires to provide for the maintenance and upkeep of the common
area within the Subdivision and to provide for enforcement of covenants and restrictions
applicable to the Subdivision, and, to that end, desires to subject all of the property within the
Subdivision to the covenants, conditions, restrictions, easements, charges and liens hereinafter
set forth, each and all of which is and are for the benefit of said property and each owner thereof;
WHEREAS, Declarant has deemed it advisable to create an organization to own,
maintain and administer the Common Area (as hereinafter defined), to administer and enforce
covenants and restrictions applicable to the Subdivision, and to collect and disburse the
assessments and charges hereinafter created, and Declarant has therefore incorporated under
North Carolina law as a non-profit corporation, the SEA SPRAY COMMUNITY
ASSOCIATION, INC., for the purpose of exercising the aforesaid functions;
NOW, THEREFORE, Declarant declares that the Properties and such additions thereto as
may hereafter be made pursuant to Article II hereof, is and shall be owned, held, transferred,
sold, conveyed, used and occupied subject to the covenants, conditions, restrictions, easements,
charges and liens set forth in this Declaration, all of which shall run with the real property and be
go

binding on all parties owning any right, title or interest in said real property or any part thereof,
their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each
owner thereof.
AI TICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to the SEA SPRAY COMMUNITY
ASSOCIATION, INC., a North Carolina non-profit corporation, its successors and assigns.
Section 2. "Builder" shall mean and refer to any persons, firms or entities to whom or
which Declarant conveys one or more Lots within the Properties for the purpose of constructing
a Dwelling thereon.
Section 3. "Common Area" shall mean and refer to any and all real property, together
with any improvements thereon, shown on any recorded subdivision plat of the Properties, with
the exception of any Lots, as said term is defined in this Declaration. All roads within the
development will be private and will be maintained by the Sea Spray Community Association,
Inc. Except as otherwise provided in this Declaration, the Common Area shall be maintained by
the Association or its successors in interest unless dedicated to public use as set forth herein.
Section 4. "Declarant" shall mean and refer to Bill Clark Homes of Wilmington, LLC. It
shall also mean and refer to any person, company or entity to whom or which Declarant shall
assign or delegate the rights and obligations of Declarant by an assignment of Declarant's rights
recorded in the applicable public registry for Brunswick County, North Carolina.
Section 5. "Lot" shall mean and refer to any plot of land, with delineated boundary lines,
shown on any recorded subdivision plat of the Properties, with the exception of any Common
Area owned in fee by the Association and any public street rights -of -way shown on such
recorded plat. In the event that any Lot is increased or decreased in size by recombination or
resubdivision through recordation of new subdivision plats, any newly -platted Lot shall
thereafter constitute a Lot.
Section 6. "Member" shall mean and refer to every person or entity who or which holds
membership in the Association. .
Section 7. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of fee simple title to any Lot which is a part of the Properties, including
contract sellers, but excluding those having an interest in a Lot solely as security for the
performance of an obligation.
Section 8. "Properties" shall mean and refer to the property described in Exhibit A to this
Declaration and any additional property annexed pursuant to Article II of this Declaration.
Section 3. "Subassociation" shall mean and refer to any homeowners association formed
for the purpose of owning and maintaining real property and improvements thereon reserved for
the exclusive use and benefit of Owners of Lots or Units within a specific phase or section of the
Properties. Declarant anticipates the establishment of Sea Spray Villas condominium association
in regards to the Class A-1 units.
-2-

Section 10. "Unit" or "Dwelling" shall mean and refer to any building or portion thereof
within the Properties which is designated and intended for use and occupancy as a residence by a
single family, whether by the Owner of such Unit or by tenants or lessees of such Owner.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
AND WITHIN THE JURISDICTION OF THE
SEA SPRAY AT CAROLINA PLACE COMMUNITY
Section 1. This section has been intentionally omitted.
Section 2. Existing Property. The real property which is and shall be held, transferred,
sold, conveyed, used and occupied subject to this Declaration as of the date of recording hereof,
which is within the jurisdiction of the Association, and which is described on Exhibit A attached
hereto.
Section 3. Annexation of Additional Property . At any time prior to December 31, 2025,
additional land within the property described in Exhibit B attached hereto and made a part hereof
(the 'Exhibit B Property") may be annexed by the Declarant without the consent of the Members
and therefore become subject to this Declaration by the recording by Declarant of a plat showing
such property to be annexed and of a supplementary declaration extending the operation and
effect of this Declaration to the property to be annexed. Furthermore, at any time Declarant owns
any Lot within the Properties, additional land not within the Exhibit B Property may be annexed
by the Declarant without the consent of the Members and therefore become subject to this
Declaration by the recording by Declarant of a plat showing such property to be annexed and of
a supplementary declaration extending the operation and effect of this Declaration to the
property to be annexed. Any property annexed must be contiguous to property already subject to
this Declaration. Any property annexed pursuant to this subsection may be annexed and
subjected to this Declaration as one parcel or as several parcels at different times. The addition of
such property pursuant to this Section may increase the cumulative number of Lots within the
Properties and, therefore, may alter the relative maximum voting strength of the various types of
Members.
A supplementary declaration may contain such complementary additions to and
modifications of the covenants and restrictions contained in this Declaration, including, without
limitation, different voting rights and different annual and special assessments for the Lots or
Units so annexed, as Declarant, in its sole discretion, may deem necessary or appropriate to
reflect the different character or use of the property added. In no event, however, shall any
supplementary declaration revoke, modify or add to the covenants and restrictions established by
this Declaration so as to materially and adversely affect any portion of the Properties already
subject to this Declaration. A supplementary declaration annexing additional property need only
be executed by the Declarant and, if applicable, by the owner of the property being annexed, and
shall not require the joinder or consent of the Association or any of its Members.
Nothing contained in this Article shall be construed to obligate or require Declarant to
make any additions to the Properties.
Section 4. Conveyance of Common Area in Annexed Property. Promptly upon request of
Declarant, the owner of the annexed property shall convey any or all Common Area located
-3-

within the newly annexed property to the Association or, if requested by the Declarant, to the
Declarant. Title to such Common Area shall be conveyed in the same manner as set forth in
Section 3 of Article IV of this Declaration.
Section 5. M.erger. Additional property may also be made subject to this Declaration by
merger or consolidation of the Association with another non-profit corporation formed for the
same or similar purposes. The surviving or consolidated association shall administer the
covenants and restrictions established by this Declaration within the Properties and the covenants
and restrictions established upon property owned by the other association as one scheme. No
such merger or consolidation shall cause any revocation, change or addition to this Declaration.
Section 6. Effect of Addition of Property. Except by amendment of this Declaration as
provided in Section 3 of Article XII hereof, no addition of property, whether by annexation,
merger or consolidation, shall revoke or modify any provision of this Declaration as to the
Properties already subject hereto or diminish the rights of the Owners of Lots and Units within
the Properties, except for the dilution of voting strength that occurs as a result of inclusion of
additional Members of the Association.
Section 7. Withdrawal of Property. Declarant reserves the right to amend this
Declaration so long as it has a right to annex Additional Property pursuant to this Article for the
purpose of removing any portion of the Properties then owned by Declarant or the Association
from the coverage of this Declaration, to the extent originally included in error or as a result of
any changes whatsoever in the plans for the Subdivision, provided such withdrawal is not
unequivocally contrary to the overall, uniform scheme of development for the Subdivision.
Section 8. Good Faith Lender's Clause. Any violation of these covenants, conditions or
restrictions shall not affect any lien or deed of trust of record held in good faith, upon any Lot or
commercial Unit, which liens may be enforced in due course, subject to the terms of this
Declaration.
ARTICLE 1H
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owner of a Lot which is subject to assessment by the
Association shall be a Member of the Association. Membership shall be appurtenant to and may
not be separated from ownership of any Lot which is subject to assessment.
Section 2. Voting Rights. The voting rights of the membership shall be appurtenant to the
ownership of the Lots and may not be separated from ownership of any Lot.
There shall be three classes of Lots with respect to voting rights:
(a) Class A and Class A-1 Lots. Class A Lots shall be those Lots upon which single-
family dwellings are built, or to be built, to be known as "Sea Spray Cove". Class A-1 Lots shall
refer to the individual single-family condominium units contemplated by the Declarant, to be
known as "Sea Spray Villas". All Lots in the Subdivision shall be either Class A or Class A-1
Lots except those Lots which are Class B Lots as the same are hereinafter defined. Ownership of
a Class A or Class A -I Lot shall entitle the Owner of such Lot to one (1) vote. When more than
one person owns an interest (other than a leasehold or security interest) in any Lot, all such
persons shall be Members and the voting rights appurtenant to their Lot shall be exercised as

they, among themselves, determine; but fractional voting shall not be allowed, and in no event
shall more than one vote be cast with respect to any Class A or Class A-1 Lot.
(b) Class B Lots. Class B Lots shall be all Lots owned by Declarant or a Builder and
which have not been converted to Class A Lots as set forth below. Declarant and each Builder
shall each be entitled to nine (9) votes for each Class B Lot it owns. The Class B Lots shall
cease to exist and shall be converted to Class A Lots upon the earlier of the following to occur:
(i) when Declarant no longer owns any Lots or Units within the Properties; (ii) upon written
waiver of Class B membership by the Declarant and/or Builder; or (iii) December 31, 2025..
When the Class B Lots cease to exist and are converted to Class A Lots, Declarant and Builder
shall have the same voting rights as other Owners of Class A Lots.
(c) Declarant's Voting Rights._ Until the Class B Lots cease to exist, as provided above,
Declarant shall be vested with the sole voting rights of the Association on all matters (including
election and removal of directors and officers of the Association), except such matters as to
which the Declaration, the Articles of Incorporation, or the Bylaws of the Association
specifically require a vote of the Class A Members.
Section 3. Leased Units. Notwithstanding any other provision of this Declaration or the
Bylaws of the Association, the vote as expressed by the Owners of Lots or Units which are
leased (or rented to or otherwise occupied by persons) other than the Owner shall not be entitled
to any weight greater than forty-nine (49) percent on any matter pending before the Association.
ARTICLE IV
PROPERTY RIGHTS
Section 1. Owners' Easements of Enjoyment and Access. Except as limited by the
provisions of this Section 1 and by the rules and regulations adopted by the Board of Directors of
the Association, every Owner shall have a right and easement of enjoyment in, use of and access
to, from, and over the Common Area, which right and easement shall be appurtenant to and shall
pass with title to every Lot, subject to:
(a) the right of the Association to charge reasonable admission and other fees for the use
of any recreational facilities situated or constructed on the Common Area and to limit the use of
such facilities to Owners who occupy a residence on the Properties and to their families, tenants
and guests, as provided in Section 2 of this Article IV.
(b) the right of the Association to suspend the voting rights of an Owner for any period
during which any assessment against his Lot remains unpaid, or for a period not to exceed sixty
(60) days for any infraction of the published rules and regulations of the Association.
(c) the right of the Association to dedicate, sell or transfer all or any part of the Common
Area to any public or quasi -public agency, authority or utility for such purposes and subject to
such conditions as may be agreed upon by the Members. After Class B Lots cease to exist, no
such dedication or transfer shall be effective unless the Members entitled to at least 80% of the
votes of the entire membership of the Association and at least three -fourths (3/4) of the votes
appurtenant to each Class of Lots agree to such dedication, sale or transfer and signify their
agreement by a signed document recorded in the applicable public registry for Brunswick
County, North Carolina. Nothing herein shall be deemed to prohibit the Board of Directors of the
-5-

Association, without consent of the Members, from granting easements over and across the
Common Area to any public agency, authority or utility for the installation and maintenance of
sewerage, utility (including cable television) or drainage facilities when, in the opinion of the
Board, such easements are necessary for the convenient use and enjoyment of properties within
the Subdivision. Notwithstanding anything herein to the contrary, the Common Area shall be
preserved for the perpetual benefit of the owners of Lots within the Subdivision and shall not be
conveyed except to a governmental entity or another non-profit corporation organized for similar
purposes.
(d) the right of the Association, to borrow money and, after Class B Lots cease to exist,
with the assent of Members' entitled to at least 80% of the votes of the entire membership of the
Association and at least two-thirds (2/3) of the votes appurtenant to each Class of Lots,
mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as
security for money borrowed or debts incurred, provided that the rights of any such lender or
mortgagee shall be subordinate to the property rights of the Members and the Association as set
forth herein.
(e) the right of the Association to exchange all or part of the Common Area for other
property and consideration of like value and utility, provided, however, that, after Class B Lots
cease to exist, any such dedication shall require the assent of the Members as set forth in
subparagraph (c) above, and further provided that, if the Board of Directors of the Association
determines, in its sole discretion, that such exchange is necessary to cure an encroachment or
setback violation on any Lot, the Board may effect such exchange without the consent of or
approval by the Members.
(f) the right of the Association to open the Common Area and, in particular, the
recreational facilities constructed thereon, for use by non-members of the Association.
(g) the right of the Association to expand or add to the Common Area and to improve,
maintain and operate the Common Area.
(h) the right of the Association to adopt, promulgate and enforce rules and regulations
concerning the use of the Common Area.
(i) the right of the Association to otherwise deal with the Common Area as provided in
the Articles of Incorporation and Bylaws of the Association.
Section 2. Delegation of Use.
(a) Family. The right and easement of enjoyment and access granted to every Owner by
Section 1 of this Article may be exercised by members of the Owner's family who occupy the
residence of the Owner within the Properties as their principal residence in Brunswick County,
North Carolina.
(b) Tenants: Contract Purchasers. The right and easement of enjoyment and access
granted to every Owner by Section 1 of this Article may be delegated by such Owner to his
tenants or contract purchasers who occupy a residence within the Properties, or a portion of said
residence, as their principal residence in Brunswick County, North Carolina.
W

(c) Guests. The right and easement of enjoyment and access granted to every Owner by
Section 1 of this Article may be delegated to guests of such Owners, tenants or contract
purchasers, subject to such rules and regulations as may be established by the Board of Directors.
(d) Susbension of Rights. The rights of any delegate of an Owner shall be suspended by,
upon and during suspension of such Owner's rights as provided in Section 7 of Article )GI of this
Declaration.
Section 3. Conveyance of Common Area To The Association. No later than the time
Declarant no longer exercises voting control over the Association as provided in Article III
hereof, Declarant shall convey, and the Association shall accept, fee simple title to all Common
Area (except Common Area easements) within the Properties, and shall reserve for or grant to
the Association all Common Area easements, all subject to such easements, reservations,
conditions and restrictions as then may be of record, and the Association shall accept all such
conveyances, grants and reservations, provided, however, that so long as Declarant owns any
Lots within the Properties, Declarant reserves an easement over and across any Common Area
deeded to the Association for the purpose of constructing and maintaining any improvements on
the Common Area as it deems necessary or advisable, provided that any such improvements
must comply with the requirements of the appropriate governmental authority. Any
improvements placed on the Common Area by Declarant shall become the property of the
Association upon completion of such improvements.
Section 4. Regulation and Maintenance of Common Area and Common Area Easements.
It is the intent of the Declarant that the Common Area be preserved for the perpetual benefit of
the Owners.
(a) Regulation of Common Area. The Association may adopt and promulgate rules and
regulations governing the use of the Common Area by Owners and their family, guests and
invitees. No Owner or other permitted user shall use the Common Area or any portion thereof in
violation of the rules and regulations contained in this Declaration or subsequently adopted by
the Association.
Without limiting the generality of the foregoing, no Owner or tenant, guest or invitee of
an Owner shall, without the specific prior written consent of the Association: (i) damage or waste
the Common Area or improvements thereon or remove any trees or vegetation therefrom: (ii)
erect any gate, fence, structure or other improvement or thing on the Common Area; (iii) place
any garbage receptacle, trash or debris on Common Area; (iv) fill or excavate any part of the
Common Area; (v) landscape or plant vegetation on Common Area; or (vi) use the Common
Area or any part thereof in a manner inconsistent with or in any way interfering with the rights of
other Owners.
(b) Rights and Responsibilities of the Lot Owners as to Common Area Easements. Each
Owner of a Lot upon which a Common Area easement lies shall pay all property taxes and other
assessments levied against his Lot, including that portion of such tax or assessment as is
attributable to such Common Area easement.
(c) Rights and Responsibilities of the Association as to Common Area. The Association
shall have the right and obligation to ensure that the Common Area is preserved for the perpetual
benefit of the Owners, and, to that end, shall: (i) maintain the Common Area in its natural or
-7-

improved state, as appropriate, and keep it free of impediments to its use by the Owners, subject
to the provisions of this Declaration; (ii) procure and maintain adequate liability insurance
covering the Association and its Members, Directors and officers, against any loss or damage
suffered by any person, including the Owner of the Lot upon which Common Area lies, resulting
from use of the Common Area, and adequate hazard insurance covering the real and personal
property owned in fee by the Association; and (iv) pay all property taxes and other assessments
levied against all Common Area owned in fee by the Association.
(d) Declarant's and Association's Ri t of Entry. The Declarant and the Association and
the employees, agents, contractors and subcontractors of each, shall have a non-exclusive right
and easement at all times to enter upon any portion of a Lot reserved or designated as a Common
Area easement for the purposes of: (i) installing and maintaining subdivision entrance signs,
features, fencing and landscaping; and (ii) making such improvements to the Common Area; and
(iii) maintaining the Common Area easement in its natural or improved state.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of a
Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association annual assessments and special
assessments, such assessments to be established and collected as hereinafter provided. All
assessments which are unpaid when due, together with interest and late charges set forth in
Section 9 of this Article V and all costs of collection, including reasonable attorney's fees, shall
be a charge against and, a continuing lien upon the Lot against which such assessment is made.
Each such assessment or charge, together with interest and costs of collection, including
reasonable attorneys' fees, shall also be the personal or corporate obligation of the person(s),
firms) or corporation(s) owning such Lot at the time when the assessment fell due, but such
personal obligation shall not be imposed upon such Owner's successors in title unless expressly
assumed by them. Although unpaid assessments and charges are not the personal obligation of
such Owner's successors in title unless expressly assumed by them, the unpaid assessments and
charges shall continue to be a lien upon the Lot against which the assessment or charge was
made.
It is the intent of the Declarant that any monetary fines imposed against an Owner
pursuant to the Bylaws of the Association or Section 7 of Article XII of this Declaration shall
constitute a lien against the Lot of such Owner to the same extent as if such fine were an
assessment against such Lot.
Section 2. Purposes of Assessments. The assessments levied by the Association shall be
used exclusively to promote the recreation, health, safety and welfare of the residents of the
Subdivision and, in particular, for: (i) acquisition, improvement and maintenance of properties,
services and facilities related to the use and enjoyment of the Common Area; (ii) repair and
reconstruction of the streets and roadways within the subdivision and other improvements on the
Common Area, including, without limitation, the cost of repair, replacement and additions
thereto and the cost of labor, equipment, materials, management and supervision thereof; (iii)
payment of taxes and public assessments levied against the Common Area owned by the
Association in fee; (iv) procurement and maintenance of insurance in accordance with the
-8-

Section 4(c) of Article IV of this Declaration; (v) employment of attorneys, accountants and
other persons or firms to represent the Association when necessary; (vi) payment of principal and
interest on funds borrowed for Association purposes; (viii) such other needs as may arise; (ix)
payment for the maintenance and operation of stormwater facilities and street lights; and (x)
lawn care for Class A (Sea Spray Cove) lots, including maintenance of the irrigation system to
irrigate those lawns.
Section 3. Annual Assessments.
(a) Maximum Annual Assessment. As provided in Section 2(a) of Article III hereof,
Declarant shall establish the Maximum Annual Assessment and initial annual assessment for
Class A and Class A-1 Lots; thereafter, the terms "Maximum Annual Assessment", annual
assessment, and special assessment shall mean the Maximum, annual and special assessments
applicable to Class A and Class A-1 Lots. Until December 31, 2006, the Maximum Annual
Assessment shall be $100.00 for each Class A Lot and $5.00 for each Class A-1 Lot. The
Declarant anticipates that the annual dues for the Class A Lots will exceed those of the Class A-1
Lots because of the lawn and irrigation system maintenance provided to the Class A Lots. The
owners of Class A-1 Lots will be members of a subassociation to be formed under the applicable
provisions of the North Carolina Condominium Act, Chapter 47C of the North Carolina General
Statutes which will be responsible for collecting dues and paying the generally accepted
expenses specific to condominium projects.
From and after January 1, 2007, the Maximum Annual Assessment may be increased by
the Board of Directors effective January 1 of each year without a vote of the Members, but
subject to the limitation that the percentage of any such increase shall not exceed 10% of the
Maximum Annual Assessment for the previous year unless such increase is approved as set forth
in Section 3(b), below.
From and after January 1, 2007, the Maximum Annual Assessment for Class A and Class
A-1 Lots may be increased without limitation if such increase is approved by a majority of the
votes cast, in person or by proxy, at a meeting duly called for that purpose.
(b) Annual Assessments: Ratification of Budgets. Notwithstanding the 10% increase
restriction contained in (a) above, for so long as a Class B Lot exists, the Board of Directors, in
its sole discretion, shall have the authority to adopt an annual budget. After Class B Lots cease
to exist, the Board of Directors shall adopt a proposed budget (including the proposed annual
assessment for each Class of Lots) at least annually. Within 30 days after adoption of the
proposed budget, the Board of Directors shall send a copy of the proposed budget and shall give
written notice to the Members of a meeting of the Members to consider ratification of the budget,
such meeting to be held not sooner than 10 days nor more than 60 days after the mailing of such
notice. Such meeting may, but need not be, combined with the annual meeting of the Members.
Except as required by Section 7 below, there shall be no requirement that a quorum be present in
order to vote on ratification of the budget (although a quorum must be present to vote on other
matters). The budget shall be deemed ratified unless at that meeting Members having a majority
of the votes of the entire membership vote to reject the budget. Notwithstanding the foregoing, if
the budget provides for annual assessments not greater than 10% larger than the assessment in
effect for the immediately preceding year, such budget shall be deemed ratified unless Members
having at least 80% of the votes of the entire membership vote to reject the budget. If the
la

proposed budget is rejected, the budget last ratified by the Members shall be continued until such
time as the Members ratify a subsequent budget proposed by the Board.
Any annual assessment ratified by the Members shall continue thereafter from year to
year as the anr_ual assessment until changed by the Board and radled by the Mem'oers as set
forth herein.
Section 4. Special Assessments. In addition to the annual assessments authorized above,
the Association may levy, in any assessment year, special assessments for the purpose of
defraying, in whole or in part, the cost of any construction, repair or replacement of a capital
improvement on the Common Area, including fixtures and personal property related thereto, for
repayment of indebtedness and interest thereon, or for any other purpose, provided that any such
assessment shall have the same assent of the Members as provided in Section 3(b) of this Article.
Section 5. Assessment Rate: Collection Period. Except as provided in Section 6 of this
Article V, the annual and special assessments shall be fixed at a uniform rate for all Lots within
each subclass of Lots and may be collected on a yearly, semi-annually, quarterly or monthly
basis, as determined by the Board of Directors.
Section 6. Declarant's and Builder's Assessments. Notwithstanding any other provision of
this Declaration, the Articles of Incorporation or the Bylaws of the Association, the Declarant
and Builder shall not be obligated for, nor subject to, any annual or special assessment for any
Lot or other property that it owns within the Properties, provided, however, that the Builder shall
be responsible for paying for each Lot owned by the Builder which contains a Dwelling for
which a certificate of occupancy has been issued, an assessment equal to twenty-five percent
(25%) of the annual assessment in effect for Class A or Class A-1 Lots, as applicable, as the
same may change from time to time, computed on a 365 day year and prorated for the number of
days from the date of the issuance of the certificate of occupancy until the sale of such Lot. Upon
sale of such Lot by Builder to any other person or entity, such Lot shall be assessed at Class A
rate or Class A-1 rate, as applicable, commencing on the day the title to such Lot is transferred to
such third party, by prorating the assessment from the date title transfers. Notwithstanding any
other provision of this Declaration, a Lot owned by the Builder which contains a Dwelling
occupied as a residence (but not as a model or sales center) shall be assessed at the rate
applicable to Class A or Class A-1 Lots, as applicable.
Section 7. Notice and Quorum for any Action Authorized Under Sections 3(a) and 4.
After Class B lots cease to exist, written notice of any meeting called for the purpose of taking
any action authorized under Section 3(a) or 4 shall be sent to all Members not less than fifteen
(15) days nor more than thirty (30) days prior to the meeting. At such meeting, the presence of
Members, in person or by proxy, entitled to cast sixty (60%) percent of the votes of the entire
membership shall constitute a quorum. If the required quorum is not present, another meeting
may be called subject to the same notice requirements, and if called for a date not later than sixty
(60) days after the date of the first meeting, the required quorum at the subsequent meeting shall
be one-half (%2) of the required quorum at the preceding meeting.
Section 8. Date of Commencement of Annual Assessments: Amount of Initial and
Subsequent Annual Assessments: Certificate of Payment. Unless a different commencement date
is set by the Board of Directors, the annual assessments provided for herein shall commence as
to all Lots in any phase on the first day of the month following the conveyance of a Lot or Unit
Will

within that phase to an Owner other than the Declarant or a Builder. Unless a lower amount is set
by the Board of Directors and ratified by the Members, the first annual assessment shall be the
"Maximum Annual Assessment" set forth in Section 3 of this Article and shall be prorated
according to the number of months remaining in the calendar year.
At least thirty (30) days before January 1 of each year, the Board of Directors shall fix the
amount of the annual assessment against each Lot. At least fifteen (15) days before January 1 of
each year, the Board of Directors shall send written notice of such assessment to every Owner
subject thereto. The due dates for the payment of annual and special assessments shall be
established by the Board of Directors.
The Association shall, upon demand, and for such reasonable charge as the Board of
Directors may determine, furnish a certificate signed by an officer of the Association setting
forth whether the assessments on a specified Lot have been paid. If such certificate states that an
assessment has been paid, such certificate shall be conclusive evidence of payment.
Section 9. Working Capital Assessments. At the time of sale of each lot by the Declaring
or a Builder to a third party, there shall be due and payable at closing a capitalization fee equal to
twice the annual assessment then in effect at time of closing, payable by the purchaser to the
Association. Such amounts paid for working capital are not to be considered as advance
payment of the Annual or any other assessments. Declarant reserves the right to amend this
section including the amount at any time.
Section 9. Effect of Nonpayment of Assessments: Remedies. An assessment not paid
within ten (10) days after the due date shall incur such late charge as the Board of Directors may
from time to time establish, and, if not paid within thirty (30) days after the due date, shall also
bear interest from the due date at the rate of eighteen percent (18%) per annum or the highest rate
allowed by law, whichever is less. The Association may bring an action at law or in equity
against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot
for which such assessment is due. Interest, late payment charges, reasonable attorneys' fees, and
the costs 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 or by abandonment of his Lot.
Section 10. Subordination of the Lien to Mortgages. The liens provided for herein shall
be subordinate to the lien of any first mortgage or first mortgage on a Lot. Sale or transfer of a
Lot shall not affect any assessment lien; however, the sale or transfer of a Lot pursuant to
foreclosure of a first mortgage, or any proceeding in lieu of foreclosure thereof, shall extinguish
the lien of any assessment which became due prior to the date of such conveyance. No such sale
or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or
from the lien thereof; but the liens provided for herein shall continue to be subordinate to the lien
of any first mortgage.
Section 11. Exempt Property. All property dedicated to and accepted by a public
authority and all property 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.
Notwithstanding the foregoing, no land or improvements devoted to dwelling use shall be
exempt from said assessments.
-11-

ARTICLE VI
RIGHTS OF LENDERS
Section 1. Books and Records. Any owner or holder of a first mortgage on any Lot, or its
agent, shall have the right, during normal business hours, to examine copies of this Declaration,
the Articles of Incorporation, Bylaws, and the books and records of the Association and, upon
written request to the Association, to receive a copy of the financial statement for the
immediately preceding fiscal year.
Section 2. Notice to Lenders. After Class B Lots cease to exist and upon written request
to the Association, the owner or holder of a first mortgage on any Lot shall be entitled to timely
written notice of:
(a) Any 60-day delinquency in the payment of assessments or charges owed by the
Owner of the Lot securing its loan.
(b) A lapse, cancellation, or material modification of any insurance policy or fidelity
bond maintained by the Association.
(c) Any proposed action that requires the consent of a specified percentage of owners or
holders of first mortgages on the Lots.
Section 3. Approval of Owners and Holders of First Mortgage. After Class B Lots cease
to exist, unless at least seventy-five percent (75%) of the owners and holders of the first
mortgages on Lots located within the Properties have given their prior written approval, the
Association shall not:
(a) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer
any real estate or improvements thereon which are owned, directly or indirectly, by the
Association. The granting of easements for utilities or other purposes shall not be deemed a
transfer within the meaning of this subsection. Nothing herein shall be deemed to prohibit the
Association from exchanging Common Area for other real property of like utility and value as
provided in Section 1(c) of Article IV of this Declaration, or to require the approval of such
exchange by the holders of first mortgages on the Lots;
(b) Change the method of determining the obligations, assessments, dues or other
charges which may be levied against a Lot;
(c) Fail to maintain hazard insurance on insurable improvements on the Common Area
on a current replacement cost basis in an amount not less than one hundred percent (100%) of the
insurable value; or
-12-

(d) Use the proceeds of any hazard insurance policy covering losses to any part of the
Common Area for other than the repair, replacement or reconstruction of the damaged
improvements.
Section 4. Payment of Taxes and Insurance Premiums. The owners or holders of first
mortgages on Lots, jointly or singly, may pay taxes or other charges which are in default and
which have or may become a charge or lien against any of the Common Area and may pay
overdue premiums on hazard insurance policies or secure new hazard insurance coverage upon
the lapse of a policy covering property owned by the Association. The persons, firms or
corporations making such payments shall be owed immediate reimbursement therefor by the
Association.
ARTICLE VII
EASEMENTS
Section 1. Access and Utility Easements. Easements for the installation and maintenance
of driveways, walkways, water, gas; telephone, cable television and electric power transmission
lines, sanitary sewer and storm water drainage facilities, and for other public utility installations
are reserved as shown on the recorded plats of the Properties. The Association may reserve or
grant easements over the Common Area as provided in Article IV, Section 1(c), of this
Declaration. Within any such easement herein provided, no structure, planting or other material
shall be placed or permitted to remain which may interfere with the installation or maintenance
of the utilities installed thereon, or which may change the direction of flow or drainage of water
through drainage pipes or channels constructed in such easements.
For a period of thirty (30) years from the date hereof, Declarant reserves, for itself and its
employees, agents, successors and assigns, an easement upon and a right of ingress, egress and
regress on, over and under the Properties for the purposes of constructing and maintaining water,
sewer, gas, storm water drainage and retention, telephone, cable television, and electric, and
other utility facilities to the extent required by any applicable governmental entity or deemed by
the Declarant to be necessary or convenient for the development, use and enjoyment of the
Properties and the Common Area and for the conduct of construction, sales and marketing
activities. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any
gradings, of the soil or take any other similar action that it deems reasonably necessary or
appropriate. After such action has been completed, Declarant shall grade and seed the affected
property and otherwise restore the affected property to its original condition to the extent
practicable, but shall not be required to replace any trees, bushes or shrubbery necessarily
removed. Declarant shall give reasonable notice of its intent to take such action to each Owner
whose Lot is affected.
Section 2. Easements for Governmental Access. An easement is hereby established over
the Common Area and every Lot within the Properties for the benefit of applicable governmental
agencies for installing, removing, and reading water meters, maintaining and replacing water and
sewer facilities, and acting for other purposes consistent with public safety and welfare,
including, without limitation, law enforcement, fire protection, garbage collection and the
delivery of mail.
Section 3. Owner's Easement and Right of Entry for Repair Maintenance and
Reconstruction. If any Dwelling is located closer than five (5) feet from its Lot line, the Owner
-13-

thereof shall have a perpetual access easement over the adjoining Lot to the extent reasonably
necessary to perform repair, maintenance or reconstruction of such Dwelling. Such work shall be
done expeditiously and, upon completion of the work, the Owner shall restore the adjoining Lot
to as nearly the same condition as that which existed prior to the commencement of the work as
is reasonably practicable. No fence shall be erected within such area adjoining a Dwelling.
Section 4. Association's Easement and Right of Entry. The Association, for itself and its
employees, agents, contractors, subcontractors and invitees, shall have a perpetual access
easement over the each Lot to the extent reasonably necessary to perform the maintenance to be
performed by the Association.
Section 5. Easement Over Common Area. An perpetual, non-exclusive easement over the
Common Area is hereby granted to each Lot and its Owners, family members and tenants of
such Owners, the occupants of such Lot, and guests and invitees of such Owners, tenants or
occupants, for the purpose of providing access, ingress and egress to and from streets, parking
areas and walkways serving the Properties.
ARTICLE VIII
ARCHITECTURAL CONTROL
Section 1. Architectural Approval. Since the establishment of inflexible building setback
lines for location of houses on lots tends to force construction of houses directly to the side of
other homes with detrimental effects on privacy, view, preservation of important trees and other
vegetation, ecological and related considerations, no specific setback lines are established by this
Declaration. In order to assure, however, that the foregoing considerations are given maximum
effect, the site and location of any house or dwelling or other structure upon any Lot shall be
controlled by and must be approved absolutely by the Declarant or the Architectural Control
Committee, as the case may be.
The Architectural Control Committee shall have the sole and absolute right to determine
the style and appearance of the Dwellings, including, but not limited to, fences, walls, buildings,
outbuildings, garages, storage sheds, mailboxes, lawn decorations, structures of any type or color
thereof, grading, landscaping, patio covers and trellises, plans for off-street parking of vehicles
and utility layout, and any other improvements to be built or constructed on any Lot (hereinafter
individually and collectively referred to as "Improvements").
No Lot owner may remove any tree from any Lot, or make any material changes to the
landscaping in areas of Lots maintained, or to be maintained by the Association without the
approval of the Architectural Control Committee.
After occupancy of a Dwelling as a residence pursuant to a certificate of occupancy or
other similar certificate issued by the appropriate governmental authority, no Improvements
(including, without limitation, replacement of any previously existing Improvements) shall be
commenced, erected or maintained upon the Properties, nor shall any exterior addition to or
change or alteration thereof be made (including, without limitation, changing materials or color
of any exterior portion of any such Improvements), nor shall a building permit for such
Improvements or change be applied for or obtained, until plans and specifications showing the
nature, kind, shape, heights, materials, color and location of same shall have been submitted to
and approved in writing by the Association or by an Architectural Review Committee ("ARC")
-14-

composed of three or more persons appointed by the Board of Directors of the Association. If the
Association or its designee fails to approve or disapprove such proposed Improvements within
60 days after complete plans and specifications have been received by it, approval will not be
required, and this Article shall be deemed to have been complied with. The Association shall
have the right to charge a reasonable fee, not to exceed $25.00, for receiving and processing each
application.
The Declarant and, after the Declarant no longer owns any Lot within the Properties, the
Association, shall have the right to promulgate and from time to time amend written architectural
standards and construction specifications (hereinafter the "Architectural Guidelines") which may
establish, define and expressly limit the standards and specifications which will be approved,
including, but not limited to, architectural style, exterior color or finish, roofing material, siding
material, driveway material, landscape design and construction technique. Neither the
Association nor the ARC shall approve any Improvements which it determines, in its sole
discretion, not to be in harmony of external design, construction and/or location in relation to the
surrounding structures, topography or the general plan of development of the Subdivision.
Neither the Declarant, the Association, the Board of Directors, the ARC, nor any member
or employee of any of them, shall have any liability to any person or entity by reason of any acts
taken or omitted by them, or any of them, in good faith pursuant to this Article.
Section 2. Rules and Regulations. The ARC may from time to time recommend to the
Board, and the Board may, in its sole discretion., adopt, promulgate, amend and repeal rules and
regulations interpreting and implementing the provisions of this Article VIII, including adoption
of detailed architectural guidelines and the imposition of a fee or charge for review of proposed
improvements or modifications.
Section 3. Variances. The ARC may recommend to the Board, and the Board may, by
the vote or written consent of a majority of the members thereof, allow reasonable variances as
to the covenants, conditions or restrictions contained in this Declaration, on such terms and
conditions as it shall require; provided, however, that all such variances shall be in keeping with
the general plan for the improvement and development of the Property. Variances contained in
plans that are inadvertently approved by the ARC as part of the proposed improvements shall not
be considered as having been approved unless specifically approved by the Board in accordance
with the provisions of this Section.
ARTICLE IX
PARTY WALLS
Section 1. General Rules of Law to Apply. The general rules of law regarding party
walls, lateral support in below ground construction and of liability for property damage due to
negligence or willful acts or omissions shall apply to each wall which is built as part of the
original construction of the Dwellings wifain the Properties and placed on the dividing line
between the Lots, and all reconstruction or extensions of such walls, to the extent not
inconsistent with the provisions of this Article.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and
maintenance of a party wall shall be shared by the Owners who make use of the wall in
proportion to such use.
-15-

Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged
by fire or other casualty, any Owner who or which uses the wall may restore it, and if the other
Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in
proportion to such use without prejudice, however, to the right of any such Owners to call for a
larger contribution from the others under any rule of law regarding liability for negligent or
willful acts or omissions.
Section 4. Easement and Right of Entry for Repair Maintenance and Reconstruction.
Every Owner shall have an easement and right of entry upon the Lot of any other Owner and the
Common Area to the extent reasonably necessary to perform repair, maintenance or
reconstruction of a party wall and those improvements belonging to his Lot which encroach on
an adjoining Lot or Common Area. Such repair, maintenance, or reconstruction shall be done
expeditiously, and upon completion of the work, the Owner shall restore the adjoining Lot(s) and
Common Area to as nearly the same condition as that which prevailed prior to commencement of
the work as is reasonably practicable.
Section 5. Weather -proofing. Notwithstanding any other provision of this Article, an
Owner who, by his negligence or willful act, causes the party wall to be exposed to the elements,
shall bear the entire cost of furnishing the necessary protection against such elements.
Section 6. Right to Contribution Runs With Land. The right of any Owner to contribution
from any other Owner under this Article shall be appurtenant to the land and shall pass to such
Owner's successors in title.
Section 7. Certification by Adjoining Property Owner That No Contribution Is Due. If
any Owner desires to sell his Lot, such Owner, in order to assure a prospective purchaser that no
Owner of an adjoining Lot has a right of contribution as provided in this Article, may request the
adjoining property Owner to make a certification that no right of contribution exists, whereupon
it shall be the duty of each adjoining property Owner to make such certification immediately
upon request, and without charge; provided, however that where the adjoining property Owner
claims a right of contribution, the certification shall contain a recital of the amount claimed.
Section 8. Arbitration. In the event of a dispute concerning a party wall or the provisions
of this Article, such dispute shall be resolved pursuant to the provisions of Section 8 of Article
XII hereof.
ARTICLE X
RIGHTS AND RESPONSIBILITIES OF THE ASSOCIATION
Section 1. Responsibilities. The Association, subject to the rights of the Owner set forth
in this Declaration, shall be responsible for the exclusive management and control of the
Common Area, including the streets and roadways, and shall keep the Common Area, including
the streets and roadways, in good, clean and proper condition, order and repair. The Association
shall be responsible for the payment of all costs, charges and expenses incurred in connection
with the operation, administration and management of the Common Area and the performance of
its other obligations hereunder. The Association shall operate and maintain areas designated by
the Declarant as Common Areas, whether or not title to such areas has been formally conveyed
to the Association. The Association shall also be responsible for enforcement of the covenants
and restrictions contained in this .Declaration.
-16-

Section 2. Section 4. Maintenance by Association. The Association at its expense shall
be responsible for maintaining, repairing and replacing all utility and drainage lines and pipes
which are located on the properties, except those located within individual Lots. The Association
shall have the right to go onto the Lots at reasonable times for the purpose of maintaining,
repairing and replacing all utility and drainage lines and pipes which might be located on such
Lots; and each Owner hereby grants permission to the Association to enter his Lot for such
purposes.
In the event that the need for maintenance, repair or replacement (other than said being
caused by fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil
commotion, aircrafts, vehicles, and smoke, as the foregoing are defined and explained in North
Carolina Standard Fire and Extended Coverage Insurance Policies) is caused through the willful,
or negligent act of the Owner, his family, guests or invitees, the cost of such maintenance,
replacement, or repairs shall be added to and become a part of the assessment to which such Lot
is subject.
The Association at its expense shall be responsible for maintaining and caring for the
entire lawn of the Class A Lots which includes mowing, edging, application of pine straw and
pruning of trees and shrubs. The Association shall also maintain the irrigation system of Class A
Lots and shall have the right to go on said Lots at reasonable times for the purpose of performing
such maintenance and care; and each Owner hereby grants permission to the Association to enter
his Lot for such purposes. In the event that the need for maintenance, repair or replacement of
the lawns or landscaping, or the irrigation systems servicing them, is cause by the willful or
negligent act of the Lot owner, his family, or his invitees, and specifically including failure to
water the lawn and other landscaping, the cost of such maintenance, repair or replacement shall
be added to and become a part of the assessment to which such Lot is subject.
Section 2. Manager, The Association may employ and pay for the services of a person or
entity, including the Declarant (the "Manager"), to assist the Association in managing its affairs
and carrying out its responsibilities hereunder and such other persons or entities, including
attorneys and accountants, as the Association deems necessary or advisable, whether such
persons or entities are engaged, furnished of employed by the Manager or directly by the
Association. The Association may enter into a Management Agreement for such management
services upon such terms as the Board of Directors may deem appropriate. The payment of
management fees due to the Declarant may, at Declarant's option, be deferred until such later
date as Declarant, in its sole discretion, deem appropriate. Furthermore, any management fees
due to Declarant may, at Declarant's option, be credited against any assessments due or to be
coming due from the Declarant.
Section 3. Personal Property for Common Use. The Association may acquire and hold
tangible and intangible personal property and may dispose of the same by sale or otherwise,
subject to such restrictions, if any, as may from time to time by provided in the Articles of
Incorporation or Bylaws of the Association.
Section 4. Insurance: Bonds. The Association shall procure and maintain adequate
liability insurance covering the Association. The Association shall also procure and maintain full
replacement value hazard insurance on real and personal property owned by the Association, and
shall procure and maintain officers', directors' and employees' liability insurance, and such other
insurance as it deems necessary or advisable. The premiums for such insurance shall be a
-17-

common expense paid from the annual assessments provided in Article V of this Declaration.
The Association may cause any or all persons responsible for collecting and disbursing monies
of the Association to be bonded.
Section 5. Implied Ri2hts. The Association may exercise any other right or privilege and
take any action authorized by this Declaration, the Association's Articles or Bylaws, or the North
Carolina Nonprofit Corporation Act, as from time to time amended, and every other right or
privilege reasonably necessary to effectuate the exercise of any right or privilege or the taking of
any action authorized herein or therein.
Section 6. Declarant's Reserved Rights; Association's Obligation of Cooperation. The
Association shall accept conveyance of any Common Area conveyed to it, in fee or by easement,
by Declarant or, at the request of Declarant, by an owner of any property within or to be annexed
into the Properties and, upon request of Declarant and without further consideration, shall
execute any document necessary to evidence such acceptance.
Until such time as Declarant and Builders have completed all of the contemplated
improvements and have sold all of the Lots within the Subdivision:
(a) Declarant shall have the right to alter the boundaries of the Common Area, whether or
not it has been previously deeded to the Association, provided that such alteration does not
substantially, materially and adversely affect the function and use of the Common Area. The
Association and each Owner hereby irrevocably appoints the Declarant as his attorney -in -fact to
execute and/or deliver any documents, plats, deeds, or other written matters necessary or
convenient to accomplish the addition of Common Area or Properties, or both, to create
easements as deemed necessary by Declarant, and to adjure the boundary or boundaries of the
Common Area.
(b) Neither the Association nor its Members, nor the use of the Common Area by the
Association and its Members, shall interfere with or impede the completion of the improvements
or the marketing and sale by the Declarant and the Builder of Lots and homes.
(c) Declarant and each Builder shall have the right to make such use of Lots and the
Common Area as may facilitate completion of development and sale of Lots and Units by the
Declarant and the Builder. Without limiting the foregoing, Declarant shall have the right to
maintain or permit the Builder or others to maintain sales offices, model Dwellings and Units,
administrative offices, and construction offices (which may be trailers or temporary or
permanent buildings), or any or all of same, on Lots or the Common Area. Declarant and the
Builder shall also have the right to erect and maintain signs on Lots and/or the Common Area, to
bring prospective purchasers upon the Common Area, to -use the Common Area for sales and
marketing activities for the Subdivision, to grant the right to use the Common Area to a
prospective purchasers or any other individual or group, in Declarant's sole discretion, and to
conduct any and all other marketing activities deemed appropriate by the Declarant, and to
permit the Builder and others to exercise such rights in conjunction with or separate from the
Declarant.
(d) Subject to the provisions of Section 1(d) of Article IV of this Declaration, Declarant
shall have the right, but not the obligation, to loan money to the Association in such amounts and
upon such terms and conditions as to which the Declarant may agree. Payments due to the
-18-

Declarant under any such loans may, at Declarant's option, be credited against any assessments
coming due at any time from the Declarant.
(e) In addition to all other rights of the Declarant, no amendment shall be made to this
Declaration, and no rule or regulation shall be adopted, interpreted or enforced by the
Association, so as to modify the assessments or other charges applicable to the Declarant or a
Builder or assessed against the Lots owned by either, or which shall restrict, impair, or, in
Declarant's sole judgment, materially adversely affect the activities of the Declarant or the
Builder with regard to construction, use of Common Area and delegation of the right to use the
Common Area, or the marketing and sale of Lots by the Declarant and Builder, whether or not
such activities are enumerated in the preceding paragraphs, without the express prior written
consent of Declarant.
In exercising any of the rights provided or granted under this Article X, neither Declarant,
nor the Association shall revoke, modify or amend this Declaration in a manner that reduces the
size of the Common Area to less than, the area required by the appropriate governmental
authority as of the date of this Declaration.
ARTICLE XI
USE RESTRICTIONS
Section 1. Business Use Prohibited. No trade, business, profession or other type of
commercial activity shall be carried on upon any Lot, except that the Declarant, the Builder, real
estate brokers, Owners and their agents may show Lots for sale or lease. Notwithstanding the
foregoing, the Declarant and each Builder and the agents and employees of each, shall have the
right to: (i) use Lots and improvements erected thereon for sales offices, field construction
offices, storage facilities, and its own general business offices; (ii) maintain fluorescent -lighted
or spot -lighted model homes which may be open to the public for inspection 7 days per week for
such hours as the Declarant or Builder deems appropriate or necessary; (iii) conduct any other
activities on Lots to benefit sales efforts; and (iv) use the parking facilities on the Common Area
for parking for its employees and invitees.
Section 2. Use of Accessory Structures. No tent, shack, barn, car port, metal awnings,
metal utility sheds or other building, other than a Dwelling and its garage, shall be erected on a
Lot and used temporarily or permanently as a residence. Notwithstanding the foregoing, the
Declarant and, with the approval of the Declarant, a Builder, may use temporary buildings,
offices or facilities in connection with the marketing, sale and construction of Units.
Section 3. Maintenance of Improvements. Each Owner shall maintain in good condition
and repair all improvements constructed upon such Owner's Lot, including, without limitation,
the Dwelling. No Owner shall change the exterior design or color of the Dwelling on such
Owner's Lot, including the roof thereof, except in compliance with Article VIII hereof.
Section 4. Storage: Clothes Hanging. No Lot or Common Area shall be used for the
storage of rubbish. Outside clothes hanging devices shall not be permitted.
Section 5. Nuisances. No noxious or offensive trade or activity shall be carried on upon
any Lot or the Common Area, nor shall anything be done thereon which may be or become an
annoyance or nuisance to the neighborhood. No automobile or other vehicle mechanical repairs
-19-

or like activity shall be conducted within the Properties other than in a garage and concealed
from public view.
Section 6. Lawns Within Fenced Areas. In the event any owner of a Class A Lot shall
erect a fence pursuant to the provisions of Section 12 infra, then said Owner shall maintain the
lawn within that fenced -in area in a neat condition. "Neat" shall require, at a minimum, that the
lawn be regularly cut and fertilized and that mulched areas be regularly re -mulched and kept
weeded so that its appearance is in harmony with the neighborhood. No such Owner shall allow
the grass in the fenced -in area of the Lot to grow to a height in excess of six (6) inches, measured
from the surface of the ground. All fenced -in areas of Class A Lots must have grass lawns; no
gravel or similar type lawns are permitted. The Association shall not be responsible for lawn
maintenance within fenced -in areas of Class A Lots, but this shall not affect the amount of
Association dues applicable to said Lot.
Section 7. Failure to Maintain. If an Owner fails to maintain the Lot or the improvements
thereon, the Association or the appropriate Subassociation, after giving such Owner at least ten
(10) days' written notice, shall be authorized to undertake such maintenance at the Owner's
expense. By accepting title to his Lot, each Owner shall be deemed to grant access upon the
Owner's Lot and Dwelling for such purpose and such entry shall not constitute a trespass. If such
maintenance is undertaken by the Association, Subassociation or Declarant, the charge therefor
and all costs of enforcement and collection shall be secured by a lien against the Lot as provided
in Article V hereof.
Section 8. Animals. No animals, livestock or poultry of any kind shall be raised, bred, or
kept on any Lot, except that a reasonable number of cats, dogs, and other household pets may be
kept provided they are kept within the residence and are not kept, bred, or maintained for any
commercial purposes or become a nuisance to the neighborhood. No person owning or having
custody of an animal shall allow the animal to stray or go upon another Owner's Lot without the
consent of such other Owner. No animals shall be permitted on or in the Common Area at any
time except as permitted by the rules and regulations of the Association or by applicable law. All
animals shall be on a leash when outside the Owner's dwelling, and the Owner shall be
responsible for cleaning up all droppings from their animals.
Section 9. Signs. No signs shall be displayed on any Lot with the exception of one "For
Sale" or "For Rent" sign not exceeding 36" x 24" in size. The Association may develop uniform
sign standards and specifications to which all Owners must adhere. No sign of any kind shall be
displayed in or on the Common Area without the prior written consent of the Association.
Notwithstanding the foregoing, Declarant and, with the consent of and upon such conditions as
Declarant, in its sole discretion, might impose, a Builder shall have the right to erect and
maintain signs of any type and size on any Lot which it owns and on the Common Area, in
connection with the development and sale of the Properties.
Section 10. Water Retention Areas. The Association shall be responsible for maintaining
the portions of the storm water drainage system which are within the Com.*non Area, including
the water quality and quantity standards of the approved plans, to the extent required by law. A
drainage easement is hereby dedicated to the Association for the purpose of maintaining the
storm water system to meet water quality and quantity design standards of the approved plans
and any future governmental laws, rules or regulations.
-20-

Each Owner of a Lot which borders a water retention area shall maintain any portion of
that Owner's Lot lying within a retention area free of debris but shall not remove any wetlands
species or do anything that would affect adversely water quality within the water retention area.
Swimming and bathing in water retention areas are prohibited. Docks or other structures
shall not be erected in water retention areas without the prior written consent of the Association.
All other uses of water retention areas shall be subject to the prior written approval of the
Association and such rules and regulations as the Association may adopt from time to time.
Section 11. Vehicles, Boats and Trailers. Off-street parking for not less than two (2)
passenger automobiles must be provided on each Lot prior to the occupancy of any dwelling
constructed on said Lot, which parking areas and the driveways thereto shall be constructed of
concrete, brick, asphalt, or turfstone. Parking of motor vehicles on lawns or in other landscaped
areas is prohibited.
No truck or vehicle used primarily for commercial purposes (other than those temporarily
present on business), no recreational vehicles or campers, and no trailer may be parked within
the Properties. Any vehicle not in operable condition and validly licensed, may be kept on a Lot
only if kept inside a garage and concealed from public view. No boat may be kept on any Lot.
For the purpose of this section, the term "kept" shall mean present for either a period of more
than ten (10) hours or overnight, whichever is less.
The Association shall have the right to tow or remove any boat, trailer, or vehicle of any
type which is parked within the Premises or kept on any Lot in violation of this section, at the
owner's expense, and the owner of each Lot, by acceptance of their deed, does grant to the
Association such an easement on, across, and upon their Lot as may be necessary to enforce the
provisions set out in this section.
Section 12. Walls, Fences, and Hedges. All walls, fences, planters and hedges shall be
controlled strictly for compliance with this Declaration and architectural standards established by
the Declarant or the ARC. As set out in Section 6 supra, the owner of any Class A Lot on which
any area is fenced shall be responsible for maintaining the lawn within the fenced -in area.
No wall, fence, planter, or hedge shall be erected or maintained on a side lot line forward
of the rear exterior corners of the main residential structure located on a Lot. For the purpose of
this provision the rear exterior corner of the main residential structure excludes bay or box
windows, chimney structures or any other similar appendage.
No perimeter wall, fence, or hedge in excess of six (6) feet in height shall be erected and
maintained on a side lot line from a point located at the rear exterior corner of the main
residential structure, backward to the rear property line on a Lot and along the rear property line
of the Lot.
On corner lots, side yard fences must be set back from the side property line a minimum
of one-half (1/2) of the side building line setback shown on the plat, but in no event shall the
fence be located forward of the rear exterior corner of the main residential structure.
The design and materials of all fences shall be approved by the ARC prior to construction
pursuant to the approval requirements of Article VIII, Section 1, of this Declaration.
-21-

Section 13. Above ground swimming pools. No above ground swimming pool shall be
erected, constructed, placed or permitted to remain on any Lot.
Section 14. Antennae and Roof Structures. No radio or other electrical towers, aerials,
antennae, or other devices of any type for the reception or transmission of radio broadcasts or
other means of communication shall be erected, constructed, placed or permitted to remain on
any Lot or upon any improvements thereon, except that this prohibition shall not apply to those
antennae specifically covered by 37 C.F.R. Part 1, Subpart S, Section 1.4000 (or any successor
provision) promulgated under the Telecommunications Act of 1996, as amended from time to
time. The Association shall be empowered to adopt rules governing the types of antennae that are
permissible hereunder and establishing reasonable, non-discriminatory restrictions relating to
safety, location and maintenance of antennae.
An antenna permissible pursuant to rules adopted by the Association may be installed
only if it is approved by the Association pursuant to Article VIII hereof.
Section 15. Visual Obstructions at the Intersections of Public Streets No object or thing
which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways
within the triangular area formed by the junction of street curb lines and a line connecting them
at points twenty-five (25) feet from the junction of the street curb lines (or extensions thereof)
shall be placed, planted or permitted to remain on any corner lots.
Section 16. Leased Units. An Owner may lease or sublet his Unit; provided, however,
that any lease or sublease must be for at least six (6) months, in writing and contain the following
provision:
"Tenant shall obey, adhere to and be bound by all provisions of the Declaration Of
Covenants, Conditions And Restrictions For the Sea Spray at Carolina Place Community,
recorded in the applicable public registry for Brunswick County, North Carolina. Tenant
acknowledges that he has received of a copy such Declaration -and the rules and regulations of
the Association and is familiar with the provisions of same."
If an Owner fails to include said provision in any lease or sublease, it shall be
conclusively deemed to be included and part of said lease or sublease. Owner shall furnish the
Association a copy of any leases or subleases of his Unit.
Section 17. Minimum Size of Units. All Units constructed within the Properties shall be
1200 square feet or larger.
Section 18. Attached Garages. All Class A Units constructed within the Properties shall
contain an enclosed garage that is permanently attached to and part of the Unit and such garage
shall be large enough to accommodate at least one automobile. Class A-1 Lots shall not have
garages.
Section 19. Seasonal or holiday Decorations. (e.g., Christmas trees and lights,
pumpkins, Easter decorations) shall be removed from each Lot or residential dwelling within a
reasonable period of time after such holiday passes. The ARC has the sole discretion to
determine what is a reasonable period of time for seasonal or holiday decorations to exist after
the holiday passes and its determination shall be final.
-22-

Section 20. _Window Coverings. All drapes, curtains or other similar materials hung at
windows so as to be visible from outside the home shall be of a white or neutral background
material.
Section 21. Exterior Lights. All light bulbs or other lights installed in any fixture located
on the exterior of any building or any Sites shall be clear, white or non -frosted lights or bulbs.
Light wattage and placement shall be approved by the Architectural Control Board.
Section 22. All service utilities, fuel tanks, wood piles and trash and garbage containers
are to be enclosed within a fence, wall or plant screen of a type and size approved by the
Declarant or the Architectural Control Committee, so as to preclude the same from causing an
unsightly view from any highway, street or way within the subdivision, or from any other
residence within the subdivision.
Section 23. Deviations. Declarant at its sole discretion, is hereby permitted to approve
deviations to restrictions in Article XI in instances where in its judgment, such deviation will not
adversely affect the development of the Property as a whole. Such approvals must be granted in
writing and when given will automatically amend these restrictions for that certain Lot only.
ARTICLE XII
STORMWATER MANAGEMENT
Section 1. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number , as issued by the Division of Water
Quality under NCAC 211.1000. The State of North. Carolina is made a beneficiary of these
covenants to the extent necessary to maintain compliance with the Stormwater Management
Permit. These covenants are to run with the land and be binding on all persons and parties
claiming under them. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division of Water Quality.
Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division of Water Quality.
Section 2. The maximum allowable built -upon area per lot is 3,200 square feet. This
allotted amount includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the pavement. Built -
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
and coquina and parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools.
Section 3. All runoff from the built -upon areas on the lot must drain into the permitted
system. This may be accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter swaies 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.
-23-

ARTICLE XIII
GENERAL PROVISIONS
Section 1. Enforcement. The Association or any Owner shall have the right to enforce, by
proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this Declaration. Failure by the
Association or an Owner to enforce any covenant or restriction herein contained shall in no event
be deemed a waiver of the right to do so thereafter. Further, the Board of Directors shall have the
right to record in the appropriate land records a notice of violation of this Declaration or the
Bylaws of the Association, or any rules, regulations, use restrictions, or design guidelines
promulgated by the Association and to assess the cost of recording and removing such notice
against the Owner in violation of the Declaration.
Section 2. Severability. Invalidation of anyone of these covenants or restrictions by
judgment or court order shall in no way affect any other provision, which shall remain in full
force and effect.
Section 3. Amendment. For so long as Declarant owns any Lot or Unit within the
Properties, this Declaration may be amended by the Declarant, without the consent or joinder of
any other Owner or the Association. Any such amendment shall be effective upon recording of
same in the applicable public registry for Brunswick County, North Carolina. No amendment
shall be binding upon any Lot or Owner until fifteen (15) days after a copy of such amendment
has provided to such Owner.
The covenants and restrictions of this Declaration, and any amendments thereto, are
appurtenant to and shall run with and be binding upon the Properties and the Owners thereof for
a term of twenty-five (25) years from the date this Declaration is recorded, after which time they
shall be automatically extended for successive periods of ten (10) years unless terminated or
amended by a vote of the Owners as set forth below.
Subject to the provisions of Section 8(e) hereof and after Class B Lots cease to exist, this
Declaration may be amended during the first twenty-five year period by an instrument signed by
the Owners of not less than seventy-five percent (75%) of the Lots and terminated during the
first twenty-five year period by an instrument signed by the Owners of not less than eighty
percent (801/o) of the Lots, and thereafter amended by an instrument signed by the Owners of not
less than sixty-seven percent (67%) of the Lots or terminated by an instrument signed by the
Owners of not less than eighty percent (80%) of the Lots, provided, however, that so long as
there is Class B membership, no amendment adopted by the Owners shall be effective unless and
until such amendment is approved in writing by the Declarant. Amendment or termination shall
be by written instrument signed by the appropriate persons or entities and recorded in the
applicable public registry for Brunswick County, North Carolina, and upon recordation, shall be
binding on all Lots and Units within the Properties and the Owners thereof, without regard to
whether the Owner of such Lot voted for or against or signed or did not sign the amendment.
Section 4. Interpretation. Headings used herein are for indexing purposes only and shall
not be used as a means of interpreting or construing any provision hereof. Unless the context
otherwise requires, the use herein of the singular shall include the plural and vice versa: the use
of one gender shall include all genders; and the use of the word "including" shall mean
-24-

"including, without limitation". This Declaration and the provisions thereof shall be construed
and enforced in accordance with the laws of the State of North Carolina.
Section 5. Subdivision of Lots. No Lot within the Subdivision may be subdivided by sale
or otherwise so as to reduce the total Lot area shown on the recorded plat, except by or with the
consent of the Declarant and, if required, by the appropriate governmental authority.
Section 6. Declarant's Right To Change Development. With the approval of the
appropriate governmental authority, and subject only to such terms and conditions as said
authority may impose, Declarant shall have the right, without consent or approval of the Owners,
to create Lots and Units, add Common Area, and reallocate Lots or Units within the Properties.
Additionally, the Developer may convert any lot or lots or any other property subject to these
restrictions to use as a roadway.
Section 7. Rules and Regulations: Enforcement. The Board of Directors shall have the
authority to adopt additional rules and regulations governing the use of the Common Area and
the Lots within the Subdivision and shall furnish a written copy of said rules and regulations to
the Owners) of each Lot at least fifteen (15) days before such rules and regulations become
effective.
In addition to any other rights and remedies that the Association may have under the
Bylaws and this Declaration, the Association may impose sanctions for a violation of this
Declaration, the Bylaws of the Association, the rules and regulations adopted Association, and
any restrictive covenants applicable to the Properties, in accordance with procedures set forth in
the Bylaws, which sanctions may include, without limitation, reasonable monetary fines, which
shall constitute a lien upon the Lot of the violator, and suspension of the right to vote and the
right to use the Common Area any facilities thereon.
In addition, as provided in the Bylaws, the Association may exercise self-help to cure
violations (specifically including, but not limited to, the towing of Owner and tenant vehicles
that are in violation of parking rules) and may suspend the right of an Owner to use any Comrrion
Area and recreational facility within the Properties if the Owner is more than 30 days delinquent
in paying any assessment or other charge due to the Association.
The Association shall at all times have the right and easement to go upon any Lot for the
purposes of exercising its rights hereunder, including, but not limited to, enforcement of the
architectural guidelines applicable to the Properties. Any entry onto any Lot for purposes of
exercising this power of self-help shall not be deemed as trespass. All remedies set forth in this
Declaration and the Bylaws shall be cumulative of any remedies available at law or in equity. In
any action to enforce its rights and remedies, if the Association prevails, it shall be entitled to
recover all costs, including, without limitation, attorneys' fees and court costs, incurred in such
action.
The Association shall not be obligated to take action to enforce any covenant, restriction
or rule which the Board reasonably determines is, or is likely to be construed as, inconsistent
with applicable law, or in any case in which the Board reasonably determines that the
Association's position is not strong enough to justify taking enforcement actions. Any such
determination shall not be construed as a waiver of the right to enforce such provisions under
-25-

other circumstances or to estop the Association from enforcing any other covenant, restriction or
rule.
Section 8. Dispute Resolution.
(a) Consensus for Association Action.
(1) Except as provided in this Section, the Association may not commence a legal
proceeding or an action under this Article without the approval of at least two-thirds of the
Members. The foregoing shall not apply to: (i) actions brought by the Association to enforce the
provisions of this Declaration, the Bylaws, or rules and regulations adopted by the Association
(hereinafter collectively referred to as the ("Governing Documents"); (ii) the imposition and
collection of assessments; (iii) proceedings involving challenges to ad valorem taxation: or (iv)
counterclaims brought by the Association in proceedings against it.
(2) Prior to the Association or any Member commencing any proceeding to which
Declarant is a party, including, without limitation, a proceeding based on an alleged defect in any
improvement, Declarant shall have the right to be heard by the Members, or the particular
Member, and to have access to inspect and correct the condition of or redesign any portion of
any improvement as to which a defect is alleged or to otherwise correct or resolve the dispute.
(b) Alternative Method for Resolving Disputes. Declarant, its officers, directors,
employees and agents, the Association, its officers, directors and committee members, all
Owners, Members, any Builder, its officers, directors, employees and agents, and any other
person or entity not otherwise subject to this Declaration who agrees to submit to this Section 8
(each such person or entity being herein referred to as a "Bound Party" or, in groups, as the
"Bound Parties") each agrees to encourage the amicable resolution of disputes, without the
emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees
to submit those claims, grievances and disputes described in Subsection (c) hereof (herein
referred to as the "Claims") to the procedures set forth in Subsection (d) hereof.
(c) Claims. Unless specifically exempted below, all Claims between any of the Bound
Parties, regardless of how such Claims might have arisen or on what they might be based,
including, but not limited to, Claims: (i) arising out of or relating to the interpretation,
application or enforcement of the Governing Documents or the rights, obligations and duties of
any Bound Party under the Governing Documents; (ii) relating to the design and construction of
improvements; or (iii) based on any statements, representation, promises, warranties, or other
communications alleged to have been made by or on behalf of any Bound Party, shall be subject
to the provisions of Subsection (d) hereof.
Notwithstanding the foregoing, unless all parties to any such dispute otherwise agree in
writing, the following shall not be deemed to be Claims covered by this Subsection (c) and shall
not be subject to the provisions of Subsection (d):
(1) any proceeding by the Association against any Bound Party to enforce the provisions
of Article V of this Declaration:
(2) any proceeding by the Association or the Declarant to obtain a temporary restraining
order or injunction (or equivalent equitable relief) and such other ancillary relief as the court may
deem necessary in order to maintain the status quo and preserve the Association's or the
-26-

Declarant's ability to act under and enforce the provisions of Articles VIII and XI of this
Declaration;
(3) any proceeding between or among Owners, which does not include the Declarant, a
Builder, or the Association as a party, if such proceeding asserts a Claire which would constitute
a cause of action independent of the Governing Documents; or
(4) any proceeding in which no Bound Party is an indispensable party.
With the consent of all parties thereto, any dispute involving any of the foregoing
excepted actions may be submitted to the alternative dispute resolution procedures set forth in
Subsection (d).
(d) Mandatory Procedures.
(1) Notice. Any Bound Party having a Claim (the "Claimant") against any other Bound
Party (the "Respondent") (the Claimant and the Respondent being herein individually referred to
as a "Party" and collectively as the "Parties") shall notify each Respondent in writing (the
"Notice"), stating plainly and concisely:
(i) the nature of the Claim, including the persons or entities involved and the
Respondent's role in the Claim:
(ii) the legal basis of the Claim (i.e., the specific provisions of the Governing
Documents or other authority out of which the Claim arises);
(iii) the proposed remedy; and
(iv) the fact that Claimant will meet with Respondent to discuss in good faith
ways to resolve the Claim.
(2) Negotiation and Mediation.
(i) The Parties shall make every reasonable effort to meet in person and confer
for the purpose of resolving the Claim by good faith negotiation. If requested in uniting,
accompanied by a copy of the Notice, the Board of Directors of the Association may appoint a
representative to assist the Parties in their negotiations.
( ii) If the Parties do not resolve the Claim within 30 days after the date of the
Notice (or within such other time period as may be agreed upon by the Parties), Claimant shall
have an additional 30 days in which to submit the Claim to mediation under the auspices of the
American Arbitration Association ("AAA") in accordance with the AAA's Commercial or
Construction Industry Mediation Rules, as appropriate.
(iii) If Claimant does not submit the Claim. to mediation within such time, or does
not appear for the mediation.. Claimant shall be deemed to have waived the Claim, and
Respondent shall be released and discharged from any and all liability to Claimant on account of
such Claim; provided, nothing herein shall release or discharge the Respondent from any liability
to any person or entity other than the Claimant.
-27-

(iv) Any settlement of the Claim through negotiation or mediation shall be
documented in writing and signed by the Parties. If the Parties do not settle the Claim within 30
days after submission of the matter to AAA mediation, or within such other time as may be
determined by the mediator or agreed to by the Parties, the mediator shall issue a written notice
of termination of the mediation process, which notice shall state that the Parties are at an impasse
and set forth the date that mediation was terminated (hereinafter "Termination of Mediation").
(v) Each Party shall bear its own costs of the mediation, including attorneys' fees,
and each Party shall share equally all fees and expenses of the mediator and the administrative
fees of mediation. If the Parties agree to a resolution of a Claim through negotiation or mediation
as set forth in this Subsection (d), and any Party thereafter fails to abide by the terms of the
settlement agreement, any other Party may file suit or initiate arbitration proceedings to enforce
the agreement without the need to again comply with the procedures set forth in this Subsection
(d). In such event, the Party taking action to enforce the agreement shall be entitled to recover
from the non -complying Party (or, if more than one Party is in noncompliance, from all non-
complying Parties pro rata) all costs incurred by such Party in enforcing the agreement,
including, without limitation, attorneys' fees and court costs.
(3) Binding Arbitration.
(i) After Termination of Mediation, Claimant shall be entitled to submit the
Claim to final, binding arbitration under the auspices of the AAA in accordance with the AAA's
Commercial or Construction Industry Arbitration Rules, as appropriate. No Claim subject to this
Subsection (d), whether by the provisions thereof or by agreement of the Parties, shall be
submitted to or decided by or in a court of law. Any judgment upon the award entered by the
arbitrator may be entered in and enforced by a court of competent jurisdiction. If the amount
claimed by the Complainant or, by the Respondent in a counterclaim, exceeds $250,000, the
Claim shall be heard and determined by three arbitrators. Otherwise, unless the Parties otherwise
agree, the Claim shall be heard and determined by an arbitrator. An arbitrator shall have
expertise in the areas) of the Claim, which may include legal expertise if legal issues are
involved.
(ii) Each Party shall bear its own costs of the arbitration, including attorneys'
fees, and each Party shall share equally all fees and expenses of the arbitrator and the
administrative fees of arbitration.
Notwithstanding the foregoing, if a Party unsuccessfully contests the validity or scope of
arbitration in a court of law, the non -contesting Party shall be awarded reasonable attorneys' fees
and expenses incurred in defending such contest. All decisions regarding the arbitrability of any
Claim shall be decided by the arbitrator(s).
(iii) The award of the arbitrators shall be accompanied by detailed written
findings of fact and conclusions of law. Except as required by law or for confirmation of an
award, neither a Party nor an arbitrator may disclose the existence; content, or results of any
arbitration hereunder without the prior written consent of all Parties involved in the arbitration.
(e) Amendment of Subsection. Notwithstanding any other provision of this Declaration,
this Subsection 8 may not be amended prior to the expiration of 20 years from the date of
recording of this Declaration without the prior written consent of the Declarant.
-28-

[SIGNATURES ON FOLLOWING PAGE]
[Remainder of page intentionally left blank]
-29-

Signed, Sealed and Delivered in the presence of: DECLARANT:
Witness Number 1
Witness Number 2
STATE OF
COUNTY OF
By:
Name:
Title:
Date Executed:
a
1, , a Notary Public for , do hereby certify that
the of , a
, personally appeared before me this day and acknowledged
the due execution of the foregoing instrument.
Witness my hand and seal this day of
(SEAL)
Notary Public for
My commission expires:
-30-

EXHIBIT A"
Legal Description of Property
-31-

EXHIBIT `B"
Legal Description of Additional property
-32-

IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII a ?0$6 j,
Brunswick County, NC Register of Deeds page 1 of 3
:;ECG CKAP,TT'Km_�aq
-SH REF SY-Le--
SUPPLEMENTARY DECLARATION FOR SEAPRAY COVE
AT CAROLINA PLACE FOR ANNEXATION OF PHASE 2
Please return to:
Drawn by: Thomas J. Morgan, Attorney at Law
Post Office Box 1388
Wilmington, NC 28402-1388

�Sr' un Brunswick County, � Nc
e9lster of Deeds page 2 of 3
STATE OF NORTH CAROLINA SUPPLEMENTARY DECLARATION FOR
SEASPRAY AT CAROLINA PLACE FOR
ANNEXATION OF PHASE 2
COUNTY OF BRUNSWICK
Know all men by these presents that:
Bill Clark Homes of Wilmington, L.L.C., a North Carolina limited liability company
(herein "Declarant') heretofore executed the Declaration of Covenants, Conditions and
Restrictions for the Seaspray at Carolina Place Community and caused the same to be recorded in
Book 2209 at page 1421, et sea. of the Brunswick County Registry (hereinafter the
"Declaration'); and
WHEREAS, in accordance with Article 13, Section 3 of said Declaration, the Declarant
has the right to develop and annex additional land and make the same subject to the Declaration
by recording a Supplementary Declaration extending the operation and effect of said Declaration
to the property to be annexed; and
WHEREAS, the Declarant has developed additional lots designated as Seaspray at
Carolina Place Community, Phase Two, as the same appear on a plat recorded in Map Cabinet
3(. at pages 2q thru cli of the Brunswick County Registry, all of which the
Declarant desires to be made subject to the Declaration; and
WHEREAS, the Declarant desires to amend Article XII, Section 2 to show the allowable
built -upon area for homes constructed in Seaspray at Carolina Place Community, Phase Two.
NOW, THEREFORE, the Declarant does hereby supplement the Declaration as follows:
By making subject to said Declaration and annexing thereto, the following described .
properties:
BEING all of SEASPRAYATCAROLZMA PLACE COMMUNITY, PHASE TWO
as shown on a map thereof recorded in Map .Cabinet 34 at page. 5?q of the
Brunswick County Registry, reference to which said map is hereby made for a
more particular description.
By adding the following sentence to Article XII, Section 2:
The allowable built -upon area per lot in Phase Two is as follows:
Lots 9 BUA
22 — 27, 50 — 54, and 94 — 122 4, 000 square feet
By adding the following to Article XII, Section 3:
Regarding lots in Phase 2, all runofffrom the built -upon areas on the lot must drain into the
permitted system. This may be accomplished through a variety of means including roof
drain gutters which drain to the street, grading the lot to drain toward the street, or grading
perimeter swales to collect lot runoff and directing them into a component of the stormwater
system. Lots that will naturally drain into the system are not required to provide these
additional measures.
Except as amended, the foregoing Declaration shall be and remain in full force and effect.

12 11 2006
B��� �tYs NC tar B?520 P085 3 �af 3 000
IN WITNESS WHEREOF, Bill Clark Homes of Wilmington, L.L.C. has caused this
Supplementary Declaration to be executed under seal for the purposes set out therein, this the
7 day of December, 2006.
BILL CLARK HOMES OF Wa MWGTON, L.L.C.
LOEAL)
Z, kll--;�'�-- �
Manager
by: (SEAL)
anger
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
—A9LMa*- /J
I, a Notary Public of4he County and State aforesaid, .certify that E vWs� rf . 8.4AX
and .9moya A. as Managers of Bill Clark Homes of Wilmington, L.L.C.,
personally appeared before me this day and acknowledged the execution of the foregoing
instrument.
WITNESS my hand and official stamp or seal, this the 7 day of becAmam
2006.
_ Notary P lic
My Comm. Exp: ,JuLy z7 2ooS

STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
Know all men by these presents that:
Brunswick County�Register of Deeds
Robert J. Robinson
Inst *337S33 Book 2416Paae 639
06/23/2006 04:44sOlpm Rec# 9-1r5gSS
SUPPLEMENTARY DECLARATION FOR
SEASPRAY AT CAROLINA PLACE FOR
ANNEXATION OF PHASE 3
Bill Clark Homes of Wilmington, L.L.C., a North Carolina limited liability company
(herein "Declarant) heretofore executed the Declaration of Covenants, Conditions and
Restrictions for the Seaspray at Carolina Place Community and caused the same to be recorded in
Book 2209 at page 1421, et seq. of the Brunswick County Registry (hereinafter the
"Declaration'); and
WHEREAS, in accordance with Article II, Section 3 of said Declaration, the Declarant
has the right to develop and annex additional land and make the same subject to the Declaration
by recording a Supplementary Declaration extending the operation and effect of said Declaration
to the property to be annexed; and .
WHEREAS, the Declarant has developed additional lots designated as Seaspray at
Carolina PIace Community, Phase Three, as the same appear on a plat recorded in Map Cabinet
39 at page 2-78 of the Brunswick County Registry, all of which the Declarant desires to
be made subject to the Declaration; and
WHEREAS, the Declarant desires to amend Article XII, Section 2 to show the allowable
built -upon area for homes constructed in Seaspray at Carolina Place Community, Phase Three.
NOW, THEREFORE, the Declarant does hereby supplement the D ation as follows:
By making subject to said Declaration and annexing thereto, the fol wing described
properties:
BEING all of SEASPRAYAT CAROLINA PLACE COMMUNITY, PHASE THREE
as shown on a map thereof recorded in Map Cabinet 35 at page" z-7 g of the
Brunswick County Registry, reference to which said map is hereby made for a
more particular description.
By adding the following sentence to Article X9, Section 2:
The allowable built -upon area per lot in Phase Three is as follows:
Lots # BUA
SS — 61 and 87 — 93 4, 000 square feet
62 — 86 3,300 square feet
By adding the following to Article XII, Section 3:
Regarding lots in Phase 3, all rungffrom the built -upon areas on the lot must drain into the
permitted system. This may be accomplished through a variety of means including roof
drain gutters which drain to the street, grading the lot to drain toward the street, or grading
perimeter swales to collect lot rungf'and directingthem into a component ofthe stormwater
system. Lots that will naturally drain into the system are not required to provide these.
additional measures.
Except as amended, the foregoing Declaration shall be and remain in full force and effect.
�T oc9xir+;
o,•� f- 0 lied
jlhls In ae lied in y �.
Rephtredell toime and In e e Z;
yip►
0 40 yea aaorlll anme etsyrage r
ffor+otl, eQiag - I
INWiSo BepWow.
RET
TOTAL REV V TC#
rREC# CK AMTL CK#,1Z(P
CASH —RE Psy-,N
' YJ

Irst $ 337533 Book 2416Page: 640
IN WITNESS WHEREOF, Bill Clark Homes of Wilmington, L.L.C. has caused this
Supplementary Declaration to be executed under seal for the purposes set out therein, this the
2z day of J uaF , 2006.
BILL CLARK HOMES OF WILMINGTON, L.L.C.
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid, certify that _ F:-boo av, F4. (? A
and 'v XNA A. 0,, L&,aZ as Managers of Bill Clark Homes of Wilmington, L.L.C.,
personally appeared before me this day and acknowledged the execution of the foregoing
instrument.
WITNESS my hand and official stamp or seal, this the 2z day of T„ r-
2006.
No ubli'
My Comm. Exp: _JHcy 27- zvv(-

Brunswick County --Register of Leeds
Robert J. Robinson
Inst 4283002 Book 2209Page 1421
08/10/2005 11: 38 : 57am Recl _ f 3 104,
►E ]MAR 0 8 2012
BY:
RET
TOTA�..�.�REY.._— # 7 �`1
REC#k -.Rr AMT! CK# — -
CASH ____— REF_____ B Y
(Top portion for recording purposes)
DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR THE
SEASPRAY AT CAROLINA PLACE COMMUNITY
THIS DECLARATION is made on the date hereinafter set forth by Bill Clark Homes of
Wilmington, LLC, a North Carolina limited liability company (hereinafter referred to as
"Declarant"):
WITNESS TO:
WHEREAS, Declarant is the owner of certain real property located in Brunswick
County, North Carolina, which is more particularly described on Exhibit "A" attached hereto and
made a part hereof by reference (hereinafter sometimes referred to as the "Property").
WHEREAS, Declarant desires to create on such property an exclusivc residential
community of single-family homes and condominium units to be known as Seaspray at Carolina
Place (hereinafter sometimes referred to as "Subdivision");
WHEREAS, Declarant desires to provide for the maintenance and upkeep of the common
area within the Subdivision and to provide for enforcement of covenants and restrictions
applicable to the Subdivision, and, to that end, desires to subject all of the property within the
Subdivision to the covenants, conditions, restrictions, easements, charges and liens hereinafter
set forth, each and all of which is and are for the benefit of said property and each owner thereof;
WHEREAS, Declarant has deemed it advisable to create an organization to own,
maintain and administer the Common Area (as hereinafter defined), to administer and enforce
covenants and restrictions applicable to the Subdivision, and to collect and disburse the
assessments and charges hereinafter created, and Declarant has therefore incorporated under
North Carolina law as a non-profit corporation, the SEASPRAY COMMUNITY
ASSOCIATION, INC., for the purpose of exercising the aforesaid functions;
NOW, THEREFORE, Declarant declares that the Properties and such additions thereto as
may hereafter be made pursuant to Article II hereof, is and shall be owned, held, transferred,
sold, conveyed, used and occupied subject to the covenants, conditions, restrictions, easements,
charges and liens set forth in this Declaration, all of which shall run with the real property and be
-1-

Inst # 283002 Book 2209Page: 1422
binding on all parties owning any right, title or interest in said real property or any part thereof,
their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each
owner thereof.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to the SEASPRAY COMMUNITY
ASSOCIATION, INC., a North Carolina non-profit corporation, its successors and assigns.
Section 2. "Builder" shall mean and refer to any persons, firms or entities to whom or
which Declarant conveys one or more Lots within the Properties for the purpose of constructing
a Dwelling thereon.
Section 3. "Common Area" shall mean and refer to any and all real property, together
with any improvements thereon, shown on any recorded subdivision plat of the Properties, with
the exception of any Lots, as said term is defined in this Declaration. All roads within the
development will be private and will be maintained by the Seaspray Community Association,
Inc. Except as otherwise provided in this Declaration, the Common Area shall be maintained by
the Association or its successors in interest unless dedicated to public use as set forth herein.
Section 4. "Declarant" shall mean and refer to Bill Clark Homes of Wilmington, LLC. It
shall also mean and refer to any person, company or entity to whom or which Declarant shall
assign or delegate the rights and obligations of Declarant by an assignment of Declarant's rights
recorded in the applicable public registry for Brunswick County, North Carolina.
Section 5. "Lot" shall mean and refer to any plot of land, with delineated boundary lines,
shown on any recorded subdivision plat of the Properties, with the exception of any Common
Area owned in fee by the Association and any public street rights -of -way shown on such
recorded plat. In the. event that any Lot is increased or decreased in size by recombination or
resubdivision through recordation of new subdivision plats, any newly -platted Lot shall
thereafter constitute a Lot.
Section 6. "Member" shall mean and refer to every person or entity who or which holds
membership in the Association.
Section 7. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of fee simple title to any Lot which is a part of the Properties, including
contract sellers, but excluding those having an interest in a Lot solely as security for the
performance of an obligation.
Section 8. "Properties" shall mean and refer to the property described in Exhibit A to this
Declaration and any additional property annexed pursuant to Article H of this Declaration.
Section 9. "Subassociation" shall mean and refer to any homeowners association formed
for the purpose of owning and maintaining real property and improvements thereon reserved for
the exclusive use and benefit of Owners of Lots or Units within a specific phase or section of the
Properties. Declarant anticipates the establishment of Seaspray Villas condominimn association
in regards to the Class A-1 units.
-2-

Inst: 9 283002 Book 2209Page: 1423
Section 10. "Unit" or "Dwelling" shall mean and refer to any building or portion thereof
within the Properties which is designated and intended for use and occupancy as a residence by a
single family, whether by the Owner of such Unit or by tenants or lessees of such Owner.
ARTICLE H
PROPERTY SUBJECT TO THIS DECLARATION
AND WITHIN THE JURISDICTION OF THE
SEASPRAY AT CAROLINA PLACE COMMUNITY
Section 1. This section has been intentionally omitted.
Section 2. Existing Property. The real property which is and shall be held, transferred,
sold, conveyed, used and occupied subject to this Declaration as of the date of recording hereof,
which is within the jurisdiction of the Association, and which is described on Exhibit A attached
hereto.
Section 3. Annexation of Additional Property. At any time prior to December 31, 2025,
additional land within the property described in Exhibit B attached hereto and made a part hereof
(the "Exhibit B Property") may be annexed by the Declarant without the consent of the Members
and therefore become subject to this Declaration by the recording by Declarant of a plat showing
such. property to be annexed and of a supplementary declaration extending the operation and
effect of this Declaration to the property to be annexed. Furthermore, at any time Declarant owns
any Lot within the Properties, additional land not within the Exhibit B Property may be annexed
by the Declarant without the consent of the Members and therefore become subject to this
Declaration by the recording by Declarant of a plat showing such property to be annexed and of
a supplementary declaration extending the operation and effect of this Declaration to the
property to be annexed. Any property annexed must be contiguous to property already subject to
this Declaration. Any property annexed pursuant to this subsection may be annexed and
subjected to this Declaration as one parcel or as several parcels'at different times. The addition of
such property pursuant to this Section may increase the cumulative number of Lots within the
Properties and, therefore, may alter the relative maximum voting strengti'�i of the vaiious types of
Members.
A supplementary declaration may contain such complementary additions to and
modifications of the covenants and restrictions contained in this Declaration, including, without
limitation, different voting rights and different annual and special assessments for the Lots or
Units so annexed, as Declarant, in its sole discretion, may deem necessary or appropriate to
reflect the different character or use of the property added. In no event, however, shall any
supplementary declaration revoke, modify or add to the covenants and restrictions established by
this Declaration so as to materially and adversely affect any portion of the Properties already
subject to this Declaration. A supplementary declaration annexing additional property need only
be executed by the Declarant and, if applicable, by the owner of the property being annexed, and
shall not require the joinder or consent of the Association or any of its Members.
Nothing contained in this Article shall be construed to obligate or require Declarant to
make any additions to the Properties.
Section 4. Conveyance of Common Area in Annexed Property. Promptly upon request of
Declarant, the owner of the annexed property shall convey any or all Common Area located
-3-

Inst; # 283002 Book 2209Page: 1424
.......................................................................................... .
within the newly annexed property to the Association or, if requested by the Declarant, to the
Declarant. Title to such Common Area shall be conveyed in the same manner as set forth in
Section 3 of Article IV of this Declaration.
Section 5. 1Vlerser. Additional property may also 'be made subject to this Declaration by
merger or consolidation of the Association with another non-profit corporation formed for the
same or similar purposes. The surviving or consolidated association shall administer the
covenants and restrictions established by this Declaration within the Properties and the covenants
and restrictions established upon property owned by the other association as one scheme. No
such merger or consolidation shall cause any revocation; change or addition to this Declaration..
Section 6. Effect of Addition of Property. Except by amendment of this Declaration as
provided in Section 3 of Article XII hereof, no addition of property, whether by annexation,
merger or consolidation, shall revoke or modify any provision of this Declaration as to the
Properties already subject hereto or diminish the rights of the Owners of Lots and Units within
the Properties, except for the dilution of voting strength that occurs as a result of inclusion of
additional Members of the Association.
Section 7. Withdrawal of Property. Declarant reserves the right to amend. this
Declaration -so long as it has a right to annex Additional Property pursuant to this Article for the
purpose of removing any portion of the Properties then owned by Declarant or the Association
from the coverage of this Declaration, to the extent originally included in error or as a result of
any changes whatsoever in the plans for the Subdivision, provided such withdrawal is not
unequivocally contrary to the overall, uniform scheme of development for the Subdivision.
Section 8. Good Faith Lender's Clause. Any violation of these covenants, conditions or
restrictions shall not affect any lien or deed of trust of record held in good faith, upon any Lot or
commercial Unit, which liens'may be enforced in due course, subject to the terms of this
Declaration.
ARTI C.LF HT
1V AMERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owner of a Lot which is subject to assessment by the
Association shall be a Member of the Association. Membership shall be appurtenant to and may
not be separated from ownership of any Lot which is subject to assessment.
Section 2. Voting Rights. The voting rights of the membership shall be appurtenant to the
ownership of the Lots and may not be separated from ownership of any Lot.
There shall be three classes of Lots with respect to voting rights:
(a) Class A and Class A-1 Lots. Class A Lots shall be those Lots upon which single-
family dwellings are built, or to be built, to be known as "Seaspray Cove". Class A-1 Lots shall
refer to the individual single-family condoininium units contemplated by the Declarant, to be
known as "Seaspray `Villas". All Lots inne Subdivision shall be either Class A or Class A-1
Lots except those Lots which are Class B Lots as the same are hereinafter defined. Ownership of
a Class A or Class A-1 Lot shall entitle the Owner of such Lot to one (1) vote. When more than
one person owns an interest (other than a leasehold or security interest) in any Lot, all such
persons shall be Members and the voting rights appurtenant to their Lot shall be exercised as
-4-

M-3t # 283002 Book 2209Page: 1425
......................................................................................................
they, among themselves, determine; but fractional voting shall not be allowed, and in no event
shall more than one vote be cast with respect to any Class A or Class A-1 Lot.
(b) Class B Lots. Class B Lots shall be all Lots owned by Declarant or a Builder and
which have not been converted to Class A Lots as set forth below. Declarant and each Builder
shall each be entitled to nine (9) votes for each Class B Lot it owns. The Class B Lots shall
cease to exist and shall be converted to Class A Lots upon the earlier of the following to occur:
(i) when Declarant no longer owns any Lots or Units within the Properties; (ii) upon written
waiver of Class B membership by the Declarant and/or Builder; or (iii) December 31, 2025.
When the Class B Lots cease to exist and are converted to Class A Lots, Declarant and Builder
shall have the same voting rights as other Owners of Class A Lots.
(c) Declarant's Voting Rights. Until the Class B Lots cease to exist, as provided above,
Declarant shall be vested with the sole voting rights of the Association on all matters (including
election and removal of directors and officers of the Association), except such matters as to
which the Declaration, the Articles of Incorporation, or the Bylaws of the Association
specifically require a vote of the Class A Members.
Section 3. Leased Units. Notwithstanding any other provision of this Declaration or the
Bylaws of the Association, the vote as expressed by the Owners of Lots or Units which are
leased (or rented to or otherwise occupied by persons) other than the Owner shall not be entitled
to any weight greater than forty-nine (49) percent on any matter pending before the Association.
ARTICLE IV
PROPERTY RIGHTS
Section 1. Owners' Easements of Enjoyment and Access. Except as limited by the
provisions of this Section 1 and by the rules and regulations adopted by the Board of Directors of
the Association, every Owner shall have a right and easement of enjoyment in, use of and access
to, from, and over the Common Area, which right and easement shall be appurtenant to and shall
pass with title to every Lot, subject to:
(a) the right of the Association to charge reasonable admission and other fees for the use
of any recreational facilities situated or constructed on the Common Area and to limit the use of
such facilities to Owners who occupy a residence on the Properties and to their families, tenants
and guests, as provided in Section 2 of this Article IV.
(b) the right of the Association to suspend the voting rights of an Owner for any period
during which any assessment against his Lot remains unpaid, or for a period not to exceed sixty
(60) days for any infraction of the published rules and regulations of the Association.
(c) the right of the Association to dedicate, sell or transfer all or any part of the Common
Area to any public or quasi -public agency, authority or utility for such purposes and subject to
such conditions as may be agreed upon. by the Members. After Class B Lots cease to exist, no
such dedication or transfer shall be effective unless the Members entitled to at least 80% of the
votes of the entire membership of the Association and at least three -fourths (3/4) of the votes
appurtenant to each Class of Lots agree to such dedication, sale or transfer and signify their
agreement by a signed document recorded in the applicable public registry for Brunswick
County, North Carolina. Nothing herein shall be deemed to prohibit the Board of Directors of the
-5-

Inst # 283002 Book 2209Page: 1426
. .. ..... ........ ... ... ........ ............. ........ ._ ._..........._..........._............... .... ......................... ...........
........_ ..... .
Association, without consent of the Members, from granting easements over and across the
Common Area to any public agency, authority or utility for the installation and maintenance of
sewerage, utility (including cable television) or drainage facilities when, in the opinion of the
Board, such easements are necessary for the convenient use and enjoyment of properties within
the Subdivision. Notwithstanding anything herein to the contrary, the Common Area shall be
preserved for the perpetual benefit of the owners of Lots within the Subdivision and shall not be
conveyed except to a governmental entity or another non-profit corporation organized for similar
purposes.
(d) the right of the Association, to borrow money and, after Class B Lots cease to exist,
with the assent of Members' entitled to at least 80% of the votes of the entire membership of the
Association and at least two-thirds (2/3) of the votes appurtenant to each Class of Lots,
mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as
security for money borrowed or. debts incurred, provided that the rights of any such lender or
mortgagee shall be subordinate to the property rights of the Members and the Association as set
forth herein.
(e) the right of the Association to exchange all or part of the Common Area for other
property and consideration of like value and utility, provided, however, that, after Class B Lots
cease to exist, any such dedication shall require the assent of the Members as set forth in
subparagraph (c) above, and further provided that, if the Board of Directors of the Association
determines, in its sole discretion, that such exchange is necessary to cure an encroachment or
setback violation on any Lot, the Board may effect such exchange without the consent of or
approval by the Members.
(f) the right of the Association to open the Common Area and, in particular, the
recreational facilities constructed thereon, for use by non-members of the Association.
(g) the right of the Association to expand or add to the Common Area and to improve,
maintain and operate the Common Area.
(h) the right of the Association to adopt, promulgate and enforce rules and regulations
concerning the use of the Common Area.
(i) the right of the Association to otherwise deal with the Common Area as provided in
the Articles of Incorporation and Bylaws of the Association.
Section 2. Delegation of Use.
(a) Familv. The right and easement of enjoyment and access granted to every Owner by
Section 1 of this Article may be exercised by members of the Owner's family who occupy the
residence of the Owner within the Properties as their principal residence in Brunswick County,
North Carolina.
(b) Tenants: Contract Purchasers. The right and easement of enjoyment and access
granted to every Owner by Section 1 of this Article may be delegated by such Owner to his
tenants or contract purchasers who occupy a residence within the Properties, or a portion of said
residence, as their principal residence in Brunswick County, North Carolina.
Ell

Inst # 203002 Hook 2209Page: 1427
(c) Guests. The right and easement of enjoyment and access granted to every Owner by
Section 1 of this Article may be delegated to guests of such Owners, tenants or contract
purchasers, subject to such rules and regulations as may be established by the Board of Directors.
(d) Suspension of Rights. The rights of any delegate of an Owner shall be suspended by,
upon and during suspension of such Owner's rights as provided in Section 7 of Article XII of this
Declaration.
Section 3. Conveyance of Common Area To The Association. No later than the time
Declarant no longer exercises voting control over the Association as provided in Article III
hereof, Declarant shall convey, and the Association shall accept, fee simple title to all Common
Area (except Common Area easements) within the Properties, and shall reserve for or grant to
the Association all Common Area easements, all subject to such easements, reservations,
conditions and restrictions as then may be of record, and the Association shall accept all such
conveyances, grants and reservations, provided, however, that so long as Declarant owns any
Lots within the Properties, Declarant reserves an easement over and across any Common Area
deeded to the Association for the purpose of constructing and maintaining any improvements on
the Common Area as it deems necessary or advisable, provided that any such improvements
must comply with the requirements of the appropriate governmental authority. Any
improvements placed on the Common Area by Declarant shall become the property of the
Association upon completion of such improvements.
Section 4. Regulation and Maintenance of Common Area and Common Area Easements.
It is the intent of the Declarant that the Common Area be preserved for the perpetual benefit of
the Owners.
(a) Regulation of Common Area. The Association may adopt and promulgate rules and
regulations goveming the use of the Common Area by Owners and their family, guests and
invitees. No Owner or other permitted user shall use the Common Area or any portion thereof in
violation of the rules and regulations contained in this Declaration or subsequently adopted by
the Association.
Without limiting the generality of the foregoing, no Owner or tenant, guest or invitee of
an Owner shall, without the specific prior written consent of the Association: (i) damage or waste
the Common Area or improvements thereon or remove any trees or vegetation therefrom: (ii)
erect any gate, fence, structure or other improvement or thing on the Common Area; (iii) place
any garbage receptacle, trash or debris on Common Area; (iv) fill or excavate any part of the
Common Area; (v) landscape or plant vegetation on Common Area; or (vi) use the Common
Area or any part thereof in a manner inconsistent with or in any way interfering with the rights of
other Owners.
(b) Rights and Responsibilities of the Lot Owners as to Common Area Easements. Each
Owner of a Lot upon which a Common Area easement lies shall pay all property taxes and other
assessments levied against his Lot, including that portion of such tax or assessment as is
attributable to such Common Area easement.
(c) Rights and Responsibilities of the Association as to Common Area. The Association
shall have the right and obligation to ensure that the Common Area is preserved for the perpetual
benefit of the Owners, and, to that end, shall: (i) maintain the Common Area in its natural or
-7-

Inst # 283002 Book 2209Page: 1428
........ ............_...... ......._.._..............................._...._...
improved state, as appropriate, and keep it free of impediments to As use by the Owners, subject
to the provisions of this Declaration; (ii) procure and maintain adequate liability insurance
covering the Association and its Members, Directors and officers, against any loss or damage
suffered by any person, including the Owner of the Lot upon which Common Area lies, resulting
from use of the Common Area, and adequate hazard insurance covering the real and personal
property owned in fee by the Association; and (iv) pay all property, taxes and other assessments
levied against all Common Area owned in fee by the Association.
(d) Declaranfs and Association's Right of Entry. The Declarant and the Association and
the employees, agents, contractors and subcontractors of each, shall have a non-exclusive right
and easement at all times to enter upon any portion of a Lot reserved or designated as a Common
Area easement for the purposes of: (i) installing and maintaining subdivision entrance signs,
features, fencing and landscaping; and (ii) making such improvements to the Common Area; and
(iii) maintaining the Common Area easement in its natural or improved state.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of a
Lot, by acceptance of a deed therefor, whether -or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association annual assessments and special
assessments, such assessments to be established and collected as hereinafter provided. All
assessments which are unpaid when due, together with interest and late charges set forth in
Section 9 of this Article V and all costs of collection, including reasonable attorneys fees, shall
be a charge against and, a continuing lien upon the Lot against which such assessment is made.
Each such assessment or charge, together with interest and costs of collection, including
reasonable attorneys' fees, shall also be the personal or corporate obligation of the person(s),
firms) or corporation(s) owning such Lot at the time when the assessment fell due, but such
personal obligation shall not be imposed upon such Owner's successors in title unless expressly
assumed by them. Although unpaid assessments and charges are not the personal obligation of
such Owner's successors in title unless expressly assumed by them, the unpaid assessments and
charges shall continue to be a lien upon the Lot against which the assessment or charge was
made.
It is the intent of the Declarant that any monetary fines imposed against an Owner
pursuant to the Bylaws of the Association or Section 7 of Article XII of this Declaration shall
constitute a lien against the Lot of such Owner to the same extent as if such fine were an
assessment against such Lot.
Section 2. Purposes of Assessments. The assessments levied by the Association shall be
used exclusively to promote the recreation, health, safety and welfare of the residents of the
Subdivision and, in particular, for: (i) acquisition, improvement and maintenance of properties,
services and facilities related to the use and enjoyment of the Common Area; (ii) repair and
reconstruction of the streets and roadways within the subdivision and other improvements on the
Common Area, including, without limitation, the cost of repair, replacement and additions
thereto and the cost of labor, equipment, materials, management and supervision thereof, (iii)
payment of taxes and public assessments levied against the Common Area owned by the
Association in fee; (iv) procurement and maintenance of insurance in accordance with the

Inst 4 283002 Book 2209Page: 1429
................................................................................................................................................................
Section 4(c) of Article IV of this Declaration; (v) employment of attorneys, accountants and
other persons or firms to represent the Association when necessary; (vi) payment of principal and
interest on funds borrowed for Association purposes; (viii) such other needs as may arise; (ix)
payment for the maintenance and operation of stormwater facilities and street lights; and (x)
lawn care for Class A (Seaspray Cove) lots, including maintenance of the irrigation system to
irrigate those lawns.
Section 3. Annual Assessments.
(a) Maximum Annual Assessment. Declarant shall establish the Maximum Annual
Assessment and initial annual assessment for Class A and Class A-1 Lots; thereafter, the terms
"Maximum Annual Assessment", annual assessment, and special assessment shall mean the
Maximum, annual and special assessments applicable to Class A and Class A-1 Lots. Until
December 31, 2006, the Maximum Annual Assessment shall be $150.00 per month for each
Class A Lot and $10.00 per month for each Class A-1 Lot. The Declarant anticipates that the
annual dues for the Class A Lots will exceed those of the Class A-1 Lots because of the lawn and
irrigation system maintenance provided to the Class A Lots. The owners of Class A-1 Lots will
be members of a subassociation to be formed under the applicable provisions of the North
Carolina Condominium Act, Chapter 47C of the North Carolina General Statutes which will be
responsible for collecting dues and paying the generally accepted expenses specific to
condominium projects.
From 'and after January 1, 2007, the Maximum Annual Assessment may be increased by
the Board of Directors effective January 1 of each year without a vote of the Members, but
subject to the limitation that the percentage of any such increase shall not exceed 10% of the
Maximum Annual Assessment for the previous year unless such increase is approved as set forth
in Section 3(b), below.
From and after January 1, 2007, the Maximum Annual Assessment for Class A and Class
A-1 Lots may be increased without limitation if such increase is approved by a majority of the
votes cast, in person or by proxy, at a meeting duly called for that purpose.
(b) Annual Assessments: Ratification of Budgets. Notwithstanding the 10% increase
restriction contained in (a) above, for so long as a Class B Lot exists, the Board of Directors, in
its sole discretion, shall have the authority to adopt an annual budget. After Class B Lots cease
to exist, the Board of Directors shall adopt a proposed budget (including the proposed annual
assessment for each Class of Lots) at least annually. Within 30 days after adoption of the
proposed budget, the Board of Directors shall send a copy of the proposed budget and shall give
written notice to the Members of a meeting of the Members to consider ratification of the budget,
such meeting to be held not sooner than 10 days nor more than 60 days after the mailing of such
notice. Such meeting may, but need not be, combined with the annual meeting of the Members.
Except as required by Section 7 below, there shall be no requirement that a quorum be present in
order to vote on ratification of the budget (although a quorum must be present to vote on other
matters). The budget shall be deemed ratified unless at that meeting Members having a majority
of the votes of the entire membership vote to reject the budget. Notwithstanding the foregoing, if
the budget provides for annual assessments not greater than 10% larger than the assessment in
effect for the immediately preceding year, such budget shall be deemed ratified unless Members
having at least 80% of the votes of the entire membership vote to reject the budget. If the
W

Tnst # 283002 Book. 2209Page: 1.430
proposed budget is rejected, the budget last ratified by the Members shall be continued until such
time as the Members ratify a subsequent budget proposed by the Board.
Any annual assessment ratified by the Members shall continue thereafter from year to
year as the annual assessment until changed by the Board and ratified by the Members as set.
forth herein.
Section 4. Special Assessments. In addition to the annual assessments authorized above,
the Association may levy, in any assessment year, special assessments for the purpose of
defraying, in whole or in part, the cost of any construction, repair or replacement of a capital
improvement on the Common Area, including fixtures and personal property related thereto, for
repayment of indebtedness and interest thereon, or for any other purpose, p ovided that any such
assessment shall have the same assent of the Members as provided in Section 3(b) of this Article.
Section 5. Assessment Rate: Collection Period. Except as provided in Section 6 of this
Article V, the annual and special assessments shall be fixed at a uniform rate for all Lots within
each subclass of Lots and may be collected on a yearly, semi-annually, quarterly or monthly
basis, as determined by the Board of Directors.
Section 6. Declarant's and Builder's Assessments. Notwithstanding any other provision of
this Declaration, the Articles of Incorporation, or the Bylaws of the Association, the Declarant
shall not be obligated for, nor subject to, any annual or special assessment for any Lot or other
property that it owns within the Properties, provided, however, that the Declarant shall be
responsible for paying the difference between: (i) the operating expenses of the Association; and
(ii) the total operating revenues of the Association from all sources including, without limitation,
annual and special assessments, revenues generated from fees charged by the Association for use
of the Common area, and investment income (said difference being hereinafter referred to as the
"Operating Deficit"). For purposes of this Section, the term "operating expenses" shall not
include contributions to any reserves for replacement, operating reserves, depreciation reserves,
capital expenditures, or special assessments.
Declarant may, by written notice given by the Declarant to the Association on or before
November 30 of any year, to be effective as of January 1, terminate its obligation to pay the
Operating Deficit and waive its right to exclusion from assessments. In such event, each Lot
owned by the Declarant which contains a Dwelling for which a certificate of occupancy has been
issued shall be assessed at the rate of twenty-five percent (25%) of the annual assessment in
effect for Class A Lots or Class A-1 Lots, as applicable, as the same may change from time to
time. Upon sale of such Lot by Declarant to any other person or entity, such Lot shall be
assessed at Class A or Class A-1 rate, as appropriate, commencing on the day title to such Lot is
transferred to such third party and prorated on a daily basis for the remainder of that year.
Notwithstanding any other provision of this Declaration, a Lot owned by the Declarant which
contains a Dwelling occupied as a residence, (but not as a model or sales center) shall be
assessed at the rate applicable to Class A or Class A-1 Lots, as the case may be.
'£he Declarant, at its option and upon such terms and conditions as Declarant may
impose, including, without limitation, the obligation to pay any Operating Deficit, may extend
Declarant's exclusion from assessments to any Builder, in which event such Builder may
exercise the rights and shall have the obligations of Declarant set forth in the immediately
preceding paragraph, and, in such event, any reference to Declarant in this Section 6 shall be
-10-

_.... _......... _....... _....... .
Inst # 283002 Book 2209Page: 1431
........_...
deemed to apply to any such Builder.
So long as the Declarant or a Builder is obligated to pay any Operating Deficit, the
Association, at the request of Declarant and upon such terms as the Declarant may require, shall
open the Common Area and, in particular, the recreational facilities thereon, for use by non-
members of the Association (including the general public) and shall grant any easement or
license necessary for access to and from and for parking at or near such facilities.
Section 7. Notice and Quorum for any Action Authorized Under Sections 3(a) and 4.
After Class B lots cease to exist, written notice of any meeting called for the purpose of taking
any action authorized under Section 3(a) or 4 shall be sent to all Members not less than fifteen
(15) days nor more than thirty (30) days prior to the meeting. At such meeting, the presence of
Members, in person or by proxy, entitled to cast sixty (60%) percent of the votes of the entire
membership shall constitute a quorum. If the required quorum is not present, another meeting
may be called subject to the same notice requirements, and if called for a date not later than sixty
(60) days after the date of the first meeting, the required quorum at the subsequent meeting shall
be one-half (Y2) of the required quorum at the preceding meeting.
Section 8. Date of Commencement of Annual Assessments: Amount of Initial and
Subsequent Annual Assessments: Certificate of Payment. Unless a different commencement date
is set by the Board of Directors, the annual assessments provided for herein shall commence as
to all Lots in any phase on the first day of the month following the conveyance of a Lot or Unit
within that phase to an Owner other than the Declarant or a Builder. Unless a lower amount is set
by the Board of Directors and ratified by the Members, the first annual assessment shall be the
"Maxnnum Annual Assessment" set forth in Section 3 of this Article and shall be prorated
according to the number of days remaining in the calendar year.
At least thirty (30) days before January 1 of each year, the Board of Directors shall fix the
amount of the annual assessment against each Lot. At least fifteen (15) days before January 1 of
each year, the Board of Directors shall send written notice of such assessment to every Owner
subject thereto. The due dates for the payment of annual and special assessments shall be
established by the Board of Directors.
The Association shall, upon demand, and for such reasonable charge as the Board of
Directors may determine, furnish a certificate signed by an officer of the Association setting
forth whether the assessments on a specified Lot have been paid. If such certificate states that an
assessment has been paid, such certificate shall be conclusive evidence of payment.
Section 9. Working Capital Assessments. At the time of sale of each lot by the Declarant
or a Builder to a third party, there shall be due and payable at closing.a capitalization fee equal to
twice the monthly assessment then in effect at time of closing, payable by the purchaser to the
Association. Such amounts paid for working capital are not to be considered as advance
payment of the Annual or any other assessments. Declarant reserves the right to amend this
section including the amount at any time.
Section 10. Effect of Nonnayment of Assessments: Remedies. An assessment not paid
within ten (10) days after the .due date shall incur such late charge as the Board of Directors may
from time to time establish, and; if not paid within thirty (30) days after the due date, shall also
bear interest from the due date at the rate of eighteen percent (18%) per annum or the highest rate
-11-

Inst # 283002 Book 2209Page: 1432
allowed by law, whichever is less. The Association may bring an action at law or in equity
against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot
for which such assessment is due. Interest, late payment charges, reasonable attorneys' fees, and
the costs 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 or by abandonment of his Lot.
Section 11. Subordination of the Lien to Mortgages. The liens provided. for herein shall
be subordinate to the lien of any first mortgage or first mortgage on a- Lot. Sale or transfer of a
Lot shall not affect any assessment lien; however, the sale or transfer of a Lot pursuant to
foreclosure of a first mortgage, or any proceeding in lieu of foreclosure thereof, shall extinguish
the lien of any assessment which became due prior to the date of such conveyance. No such sale
or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or
from the lien thereof; but the liens provided for herein shall continue to be subordinate to the lien
of any first mortgage.
Section 12. Exempt property. All property dedicated to and accepted by a public
authority and all property 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.
Notwithstanding the foregoing, no land or improvements devoted to dwelling use shall be
exempt from said assessments.
ARTICLE VI
RIGHTS OF LENDERS
Section 1. Books and Records. Any owner or holder of a first mortgage on any Lot, or its
agent, shall have the right, during normal business hours, to examine copies of this Declaration,
the Articles of Incorporation, Bylaws, and the books and records of the Association and, upon
written request to the Association, to receive a copy of the financial statement for the
immediately preceding fiscal year.
Section 2. Notice to Lenders. After Class B Lots cease to exist and upon written request
to the Association, the owner or holder of a first mortgage on any Lot shall be entitled to timely
written notice of:
(a) Any 60-day delinquency in the payment of assessments or charges owed by the
Owner of the Lot securing its loan.
(b) A lapse; cancellation, or material modification of any insurance policy or fidelity
bond maintained by the Association.
(c) Any proposed action that requires the consent of a specified percentage of owners or
holders of first mortgages on the Lots.
-12-

xnrst #t 283002 Book 2209Page: 1433
Section 3. Approval of Owners and Holders of First Mortgage. After Class B Lots cease
to exist, unless at least seventy-five percent (75%) of the owners and holders of the first
mortgages on Lots located within the Properties have given their prior written approval, the
Association shall not:
(a) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer
any real estate or improvements thereon which are owned, directly or indirectly, by the
Association. The granting of easements for utilities or other purposes shall not be deemed a
transfer within the meaning of this subsection. Nothing herein shall be deemed to prohibit the
Association from exchanging Common Area for other real property of like utility and value as
provided in Section 1(c) of Article IV of this Declaration, or to require the approval of such
exchange by the holders of first mortgages on the Lots;
(b) Change the method of determining the obligations, assessments, dues or other
charges which may be levied against a Lot;
(c) Fail to maintain hazard insurance on insurable improvements on the Common Area
on a current replacement cost basis in an amount not less than one hundred percent (100%) of the
insurable value; or
(d) Use the proceeds of any hazard insurance policy covering losses to any part of the
Common Area for other than the repair, replacement or reconstruction of the damaged
improvements.
Section 4. Payment of Taxes and Insurance Premiums. The owners or holders of first
mortgages on Lots, jointly or singly, may pay taxes or other charges which are in default and
which have or may become a charge or lien against any of the Common Area and may pay
overdue premiums on hazard insurance policies or secure new hazard insurance coverage upon
the lapse of a policy covering property owned by the Association. The persons, firms or
corporations making such payments shall be owed immediate reimbursement therefor by the
Association.
ARTICLE VII
EASEMENTS
Section 1. Access and Utility Easements. Easements for the installation and maintenance
of driveways, walkways, water, gas, telephone, cable television and electric power transmission
lines, sanitary sewer and storm water drainage facilities, and for other public utility installations
are reserved as shown on the recorded plats of the Properties. The Association may reserve or
grant easements over the Common Area as provided in Article IV, Section 1(c), of this
Declaration. Within any such easement herein provided, no structure, planting or other material
shall be placed or permitted to remain which may interfere with the installation or maintenance
of the utilities installed thereon, or which may change the direction of flow or drainage of water
through drainage pipes or channels constructed in such easements.
For a period of thirty (30) years from the date hereof, Declarant reserves, for itself and its
employees, agents, successors and assigns, an easement upon and a right of ingress, egress and
regress on, over and under the Properties for the purposes of constructing and maintaining water,
sewer, gas, storm water drainage and retention, telephone, cable television, and electric, and
-13-

Inst tl 283002 Book 2209Page; 1434
other utility facilities to the extent required by any applicable governmental entity or deemed by
the Declarant to be necessary or convenient for the development, use and enjoyment of the
Properties and the Common Area and for the conduct of construction, sales and marketing
activities. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any
gradings of the soil or take any other similar action that it deems reasonably necessary or
appropriate. After such action has been completed, Declarant shall grade and seed the affected
property and otherwise restore the affected property to its original condition to the extent
practicable, but shall not be required to replace any trees, bushes or shrubbery necessarily
removed. Declarant shall give reasonable notice of its intent to take such action to each Owner
whose Lot is affected.
Section 2. Easements for Governmental Access. An easement is hereby established over
the Common Area and every Lot within the Properties for the benefit of applicable governmental
agencies for installing, removing; and reading water meters, maintaining and replacing water and
sewer facilities, and acting for other purposes consistent with public safety and welfare,
including, without limitation, law enforcement, fire protection, garbage collection and the
delivery of mail.
Section 3. Owner's Easement and Right of Entry for Repair. Maintenance and
Reconstruction. If any Dwelling is located closer than five (5) feet from its Lot line, the Owner
thereof shall have a perpetual access easement over the adjoining Lot to the extent reasonably
necessary to perform repair, maintenance or reconstruction of such Dwelling. Such work shall be
done expeditiously and, upon completion of the work, the Owner shall restore the adjoining Lot
to as nearly the same condition as that which existed prior to the commencement of the work as
is reasonably practicable.
Section 4. Association's Easement and Right of Entry. The Association, for itself and its
employees, agents, contractors, subcontractors and invitees, shall have a perpetual access
easement over the each Lot to the extent reasonably necessary to perform the maintenance to be
performed by the Association.
Section 5. Easement Over Common Area. An perpetual, non-exclusive easement over the
Common Area is hereby granted to each Lot and its Owners, family members and tenants of
such Owners, the occupants of such Lot, and guests and invitees of such Owners, tenants or
occupants, for the purpose of providing access, ingress and egress to and from streets, parking
areas and walkways serving the Properties.
ARTICLE VIII
ARCHITECTURAL CONTROL
Section 1. Architectural AWroval. Since the establishment of inflexible building setback
lines for location of houses on lots tends to force construction of houses directly to the side of
other homes with detrimental effects on privacy, view, preservation of important trees and other
vegetation, ecological and related considerations, no specific setback lines are established by this
Declaration. In order to assure, however, that the foregoing considerations are given maximum
effect, the site and location of any house or dwelling or other structure upon any Lot shall be
controlled by and must be approved absolutely by the Declarant or the Architectural Control
Committee, as the case may be.
-14-

Inst # 283002 Book 2209Page: 1435
The Architectural Control Committee shall have the sole and absolute right to determine
the style and appearance of the Dwellings, including, but not limited to, fences, walls, buildings,
outbuildings, garages, storage sheds, mailboxes, lawn decorations, structures of any type or color
thereof, grading, landscaping, patio covers and trellises, plans for off-street parking of vehicles
and utility layout, and any other improvements to be built or constructed on any Lot (hereinafter
individually and collectively referred to as "Improvements").
No Lot owner may remove any tree from any Lot, or make any material changes to the
landscaping in areas of Lots maintained, or to be maintained by the Association without the
approval of the Architectural Control Committee.
After occupancy of a Dwelling as a residence pursuant to a certificate of occupancy or
other similar certificate issued by the appropriate governmental authority, no Improvements
(including, without limitation, replacement of any previously existing Improvements) shall be
commenced, erected or maintained upon the Properties, nor shall any exterior addition to or
change or alteration thereof be made (including, without limitation, changing materials or color
of any exterior portion of any such Improvements), nor shall a building pen -nit for such
Improvements or change be applied for or obtained, until plans and specifications showing the
nature, kind, shape, heights, materials, color and location of same shall have been submitted to
and approved in writing by the Association or by an Architectural Review Committee ("ARC")
composed of three or more persons appointed by the Board of Directors of the Association. If the
Association or its designee fails to approve or disapprove such proposed Improvements within
60 days after complete plans and specifications have been received by it, approval will not be
required, and this Article shall be deemed to have been complied with. The Association shall
have the right to charge a reasonable fee, not to exceed $25.00, for receiving and processing each
application.
The Declarant and, after the Declarant no longer owns any Lot within the Properties, the
Association, shall have the right to promulgate and from time to time amend written architectural
standards and construction specifications (hereinafter the "Architectural Guidelines") which may
establish, define and expressly limit the standards and specifications which will be approved,
including, but not limited to, architectural style, exterior color or finish, roofing material, siding
material, driveway material, landscape design and construction technique. Neither the
Association nor the ARC shall approve any hmprovements which it determines, in its sole
discretion, not to be in harmony of external design, construction and/or location in relation to the
surrounding structures, topography or the general plan of development of the Subdivision.
Neither the Declarant, the Association, the Board of Directors, the ARC, nor any member
or employee of any of them, shall have any liability to any person or entity by reason of any acts
taken or omitted by them, or any of them, in good faith pursuant to this Article.
Section 2. Rules and Regulations. The ARC may from time to time recommend to the
Board, and the Board may, in its sole discretion, adopt, promulgate, amend and repeal rules and
regulations interpreting and implementing the provisions of this Article VIII, including adoption
of detailed architectural guidelines and the imposition of a fee or charge for review of proposed
improvements or modifications.
Section 3. Variances. The ARC may recommend to the Board, and the Board may, by
the vote or written consent of a majority of the members thereof, allow reasonable variances as
-15-

Insi: # 283002 Hook 2209Page: 1436
to the covenants, conditions or restrictions contained in this Declaration, on such terms and
conditions as it shall require; provided, however, that all such variances shall be in keeping with
the general plan for the improvement and development of the Property. Variances contained in
plans that are inadvertently approved by the ARC as part of the proposed. improvements shall not
be considered as having been approved unless specifically approved by the Board in accordance
with the provisions of this Section.
ARTICLE IX
PARTY WALLS
Section 1. General Rules of Law to Apply. The general rules of law regarding party
walls, lateral support in below ground construction and of liability for property damage due to
negligence or willful acts or omissions shall apply to each wall which is built as part of the
original construction of the Dwellings within the Properties and placed on the dividing line
between the Lots, and all reconstruction or extensions of such walls, to the extent not
inconsistent with the provisions of this Article.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and
maintenance of a party wall shall be shared by the Owners who make use of the wall in
proportion to such use.
Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged
by fire or other casualty, any Owner who or which uses the wall may restore it, and if the other
Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in
proportion to such use without prejudice, however, to the right of any such Owners to call for a
larger contribution from the others under any rule of law regarding liability for negligent or
willful acts or omissions.
Section 4. Easement and Right of Entry for Repair, Maintenance and Reconstruction.
Every Owner shall have an easement and right of entry upon the Lot of any other Owner and the
Common. Area to the extent reasonably necessary to perform repair, maintenance or
reconstruction of a party wall and those improvements belonging to his Lot which encroach on
an 4oining Lot or Common Area. Such repair, maintenance, or reconstruction shall be done
expeditiously, and upon completion of the work, the Owner shall restore the adjoining Lot(s) and
Common Area to as nearly the same condition as that which prevailed prior to commencement of
the work as is reasonably practicable.
Section S. Weather- rn oofing. Notwithstanding any other provision of this Article, an
Owner who, by his negligence or willful act, causes the party wall to be exposed to the elements,
shall bear the entire cost of furnishing the necessary protection against such elements.
Section 6. Right to Contribution Runs With Land. The right of any Owner to contribution
from any other Owner under this Article shall be appurtenant to the land and shall pass to such
Owner's successors in title.
Section 7. Certification by Adjoining Property Owner That No Contribution Is Due. If
any Owner desires to sell his Lot, such Owner, in order to assure a prospective purchaser that no
Owner of an adjoining Lot has a right of contribution as provided in this Article, may request the
adjoining property Owner to snake a certification that no right of contribution exists, whereupon
-16-

inst # 283002 Book 2209Page: 1437
it shall be the duty of each adjoining property Owner to make such certification immediately
upon request, and without charge; provided, however that where the adjoining property Owner
claims a right of contribution, the certification shall contain a recital of the amount claimed.
Section 8. Arbitration. In the event of a dispute concerning a party wall or the provisions
of this Article, such dispute shall be resolved pursuant to the provisions of Section 8 of Article
XII hereof.
ARTICLE X
RIGHTS AND RESPONSIBILITIES OF THE ASSOCIATION
Section 1. Responsibilities. The Association, subject to the rights of the Owner set forth
in this Declaration, shall be responsible for the exclusive management and control of the
Common Area, including the streets and roadways, and shall keep the Common Area, including
the streets and roadways, in good, clean and proper condition, order and repair. The Association
shall be responsible for the payment of all costs, charges and expenses incurred in connection
with the operation, administration and management of the Common Area and the performance of
its other obligations hereunder. The Association shall operate and maintain areas designated by
the Declarant as Common Areas, whether or not title to such areas has been formally conveyed
to the Association. The Association shall also be responsible for enforcement of the covenants
and restrictions contained in this Declaration.
The Association at its expense shall be responsible for maintaining, repairing and
replacing all utility and drainage lines and pipes which are located on the properties, except those
located within individual Lots. The Association shall have the right to go onto the Lots at
reasonable times for the purpose of maintaining, repairing and replacing all utility and drainage
lines and pipes which might be located on such Lots; and each Owner hereby grants permission
to the Association to enter his Lot for such purposes.
In the event that the need for maintenance, repair or replacement (other than said being
caused by fire, lightning, windstorm, hail, explosion, not, riot attending a strike, civil
commotion, aircrafts, vehicles, and smoke, as the foregoing are defined and explained in North
Carolina Standard Fire and Extended Coverage Insurance Policies) is caused through the willful,
or negligent act of the Owner, his family, guests or invitees, the cost of such maintenance,
replacement, or repairs shall be added to and become a part of the assessment to which such Lot
is subject.
The Association at its expense shall be responsible for maintaining and caring for the
entire lawn of the Class A Lots which includes mowing, edging, application of pine straw and
pruning of trees and shrubs. The Association shall also maintain the irrigation system of Class A
Lots and shall have the right to go on said Lots at reasonable times for the purpose of performing
such maintenance and care; and each Owner hereby grants permission to the Association to enter
his Lot for such purposes. In the event that the need for maintenance, repair or replacement of
the lawns or landscaping, or the irrigation systems servicing them, is caused by the willful or
negligent act of the Lot owner, his family, or his invitees, and specifically including failure to -
water the lawn and other landscaping, the cost of such maintenance, repair or replacement shall
be added to and become a pact of the assessment to which such Lot is subject.
-17-

Inst # 283002 Book 2209Page: 1436
Section 2. Manager. The Association may employ and pay for the services of a person or
entity, including the Declarant (the "Manager"), to assist the Association in managing its affairs
and carrying out its responsibilities hereunder and such other persons or entities, including
attorneys and accountants, as the Association deems necessary or advisable, whether such
persons or entities are engaged, furnished of employed by the Manager or directly by the
Association. The Association may enter into a Management Agreement for such management
services upon such terms as the Board of Directors may deem appropriate. The payment of
management fees due to the Declarant may, at Declarant's option, be deferred until such later
date as Declarant, in its sole discretion, deem appropriate. Furthermore, any management fees
due to Declarant may, at Declaranfs option, be credited against any assessments due or to be
coming due from the Declarant.
Section 3. Personal Property for Common Use. The Association may acquire and hold
tangible and intangible personal property and may dispose of the same by sale or otherwise,
subject to such restrictions, if any, as may from time to time by provided in the Articles of
Incorporation or Bylaws of the Association.
Section 4. insurance: Bonds. The Association shall procure and maintain adequate
liability insurance covering the Association. The Association shall also procure and maintain full
replacement value hazard insurance on real and personal property owned by the Association, and
shall procure and maintain officers', directors' and employees' liability insurance, and such other
insurance as it deems necessary or advisable. The premiums for such insurance shall be a
common expense paid from the annual assessments provided in Article V of this Declaration.
The Association may cause any or all persons responsible for collecting and disbursing monies
of the Association to be bonded.
Section 5. Implied Rights. The Association may exercise any other right or privilege and
take any action authorized by this Declaration, the Association's Articles or Bylaws, or the North
Carolina Nonprofit Corporation Act, as from time to time amended, and every other right or
privilege reasonably necessary to effectuate the exercise of any right or privilege or the taking of
any action authorized herein or therein.
Section 6. Declarant's Reserved Rights, Association's Obligation of Cooperation. The
Association shall accept conveyance of any Common Area conveyed to it, in fee or by easement,
by Declarant or, at the request of Declarant, by an owner of any property within or to be annexed
into the Properties and, upon request of Declarant and without further consideration, shall
execute any document necessary to evidence such acceptance.
Until such time as Declarant and Builders have completed all of the contemplated
improvements and have sold all of the Lots within the Subdivision:
(a) Declarant shall have the right to alter the boundaries of the Common Area, whether or
not it has been previously deeded to the Association, provided that such alteration does not
substantially, materially and adversely affect the function and use of the Common Area. The
Association and each Owner hereby irrevocably appoints the Declarant as his attorney -in -fact to
execute and/or deliver any documents, plats, deeds, or other written matters necessary or
convenient to accomplish the addition of Common Area or Properties, or both, to create
easements as deemed necessary by Declarant, and to adjure the boundary or boundaries of the
Common Area.
-18-

Inst # 283002 Book 2209Page: 1439
(b) Neither the Association nor its Members, nor the use of the Common Area by the
Association and its Members, shall interfere with or impede the completion of the improvements
or the marketing and sale by the Declarant and the Builder of Lots and homes.
(c) Declarant and each Builder shall have the right to make such use of Lots and the
Common Area as may facilitate completion of development and sale of Lots and Units by the
Declarant and the Builder. Without limiting the foregoing, Declarant shall have the right to
maintain or permit the Builder or others to maintain sales offices, model Dwellings and Units,
administrative offices, and construction offices (which may be trailers or temporary or
permanent buildings), or any or all of same, on Lots or the Common Area. Declarant and the
Builder shall also have the right to erect and maintain signs on Lots and/or the Common Area, to
bring prospective purchasers upon the Common Area, to -use the Common Area for sales and
marketing activities for the Subdivision, to grant the right to use the Common Area to a
prospective purchasers or any other individual or group, in Declarant's sole discretion, and to
conduct any and all other marketing activities deemed appropriate by the Declarant, and to
permit the Builder and others to exercise such rights in conjunction with or separate from the
Declarant.
(d) Subject to the provisions of Section 1(d) of Article N of this Declaration, Declarant
shall have the right, but not the obligation, to loan money to the Association in such amounts and
upon such terms and conditions as to which the Declarant may agree. Payments due to the
Declarant under any such loans may, at Declarant's option, be credited against any assessments
coming, due at any time from. the Declarant.
(e) In addition to all other rights of the Declarant, no amendment shall be made to this
Declaration, and no rule or regulation shall be adopted, interpreted or enforced by the
Association, so as to modify the assessments or other charges applicable to the Declarant or a
Builder or assessed against the Lots owned by either, or which shall restrict, impair, or, in
Declarant's sole judgment, materially adversely affect the activities of the Declarant or the
Builder with regard to construction, use of Common Area and delegation of the right to use the
Common Area, or the marketing and sale of Lots by the Declarant and Builder, whether or not
such activities are enumerated in the preceding paragraphs, without the express prior written
consent of Declarant.
In exercising any of the rights provided or granted under this Article X, neither Declarant,
nor the Association shall revoke, modify or amend this Declaration in a manner that reduces the
size of the Common Area to less than, the area required by the appropriate governmental
authority as of the date of this Declaration.
ARTICLE XI
USE RESTRICTIONS
-19-

Inst # 283002 Hook 2209Page: 1440
Section 1. Business Use Prohibited. No trade, business, profession or other type of
commercial activity shall be carried on upon any Lot, except that the Declarant, the Builder, real
estate brokers, Owners and their agents may show Lots for sale or lease. Notwithstanding the
foregoing, the Declarant and each Builder and the agents and employees of each, shall have the
right to: (i) use Lots and improvements erected thereon for sales offices, field construction
offices, storage facilities, and its own general business offices; (ii) maintain fluorescent -lighted
or spot -lighted model homes which may be open to the public for inspection 7 days per week for
such hours as the Declarant or Builder deems appropriate or necessary; (iii) conduct any other
activities on Lots to benefit sales efforts; and (iv) use the parking facilities on the Common Area
for parking for its employees and invitees.
Section 2. Use of Accessory Structures. No tent, shack, barn, car port, metal awnings,
metal utility sheds or other building, other than a Dwelling and its garage, shall be erected on a
Lot. Notwithstanding the foregoing, the Declarant and, with the approval of the Declarant, a
Builder, may use temporary buildings, offices or facilities in connection with the marketing, sale
and construction of Units.
Section 3. Maintenance of Improvements. Each Owner shall maintain in good condition
and repair all improvements constructed upon such Owner's Lot, including, without limitation,
the Dwelling. No Owner shall change the exterior design or color of the Dwelling on such
Owner's Lot, including the roof thereof, except in compliance with Article VIH hereof.
Section 4. Storage: Clothes Hanging. No Lot or Common Area shall be used for the
storage of rubbish. Outside clothes hanging devices shall not be permitted.
Section 5. Nuisances. No noxious or offensive trade or activity shall he carried on upon
any Lot or the Conn -non Area, nor shall anything be done thereon which may be or become an
annoyance or nuisance to the neighborhood. No automobile or other vehicle mechanical repairs
or like activity shall be conducted within the Properties other than in a garage and concealed
from public view.
Section 6. Lawns Within Fenced Areas. In the event any owner of a Class A Lot shall
erect a fence pursuant to the provisions of Section 12 infra, then said Owner shall maintain the
lawn within that fenced -in area in a neat condition. "Neat" shall require, at a minimum, that the
lawn be regularly cut and fertilized and that mulched areas be regularly re -mulched and kept
weeded so that its appearance is in harmony with the neighborhood. No such Owner shall allow
the grass in the fenced -in area of the Lot to grow to a height in excess of six (6) inches, measured
from the surface of the ground. All fenced -in areas of Class A Lots must have grass lawns; no
gravel or similar type lawns are permitted. The Association shall not be responsible for lawn
maintenance within fenced -in areas of Class A Lots, but this shall not affect the amount of
Association dues applicable to said Lot.
Section 7. Failure to Maintain. If an Owner fails to maintain the Lot or the improvements
thereon, the Association or the appropriate Subassociation, after giving such Owner at least ten
(10) days' written notice, shall be authorized to undertake such maintenance at the Owner's
expense. By accepting title to his Lot, each Owner shall be deemed to grant access upon the
Owner's Lot and Dwelling for such purpose and such entry shall not constitute a trespass. If such
maintenance is undertaken by the Association, Subassociation or Declarant, the charge therefor
-20-

inst # 283002 Book 2209page: 1441
and all costs of enforcement and collection shall be secured by a lien against the Lot as provided
in Article V hereof.
Section 8. Animals. No animals, livestock or poultry of any kind shall be raised, bred, or
kept on any Lot, except that a reasonable number of cats, dogs, and other household pets may be
kept provided they are kept within the residence and are not kept, bred, or maintained for any
commercial purposes or become a nuisance to the neighborhood. No person owning or having
custody of an animal shall allow the animal to stray or go upon another Owner's Lot without the
consent of such other Owner. No animals shall be permitted on or in the Common Area at any
time except as permitted by the rules and regulations of the Association or by applicable law. All
animals shall be on a leash when outside the Owner's dwelling, and the Owner shall be
responsible for cleaning up all droppings from their animals.
Section q. SM. No signs shall be displayed on any Lot with the exception of one "For
Sale" or "For Rent" sign not exceeding 36" x 24" in size. The Association may develop uniform
sign standards and specifications to which all Owners must adhere. No sign of any kind shall be
displayed in or on the Common Area without the prior written consent of the Association.
Notwithstanding the foregoing, Declarant and, with the consent of and upon such conditions as
Declarant, in its sole discretion, might impose, a Builder shall have the right to erect and
maintain signs of any type and size on any Lot which it owns and on the Common Area, in
connection with the development and sale of the Properties.
Section 10. Water Retention Areas. The Association shall be responsible for maintaining
the portions of the storm water drainage system which are within the Common Area, including
the water quality and quantity standards of the approved plans, to the extent required by law. A
drainage easement is hereby dedicated to the Association for the purpose of maintaining the
storm water system to meet water quality and quantity design standards of the approved plans
and any fixture governmental laws, rules or regulations.
Each Owner of a Lot which borders a water retention area shall maintain any portion of
that Owner's Lot lying within a retention area free of debris but shall not .remove any wetlands
species or do anything that would affect adversely water quality within the water retention area.
Swimming and bathing in water retention areas are prohibited. Docks or other structures
shall not be erected in water retention areas without the prior written consent of the Association.
All other uses of water retention areas shall be subject to the prior written approval of the
Association and such rules and regulations as the Association may adopt from time to time.
Section 11. Vehicles. Boats and Trailers. Off-street parking for not less than two (2)
passenger automobiles must be provided on each Lot prior to the occupancy of any dwelling
constructed on said Lot, which parking areas and the driveways thereto shall be constructed of
concrete, brick, asphalt, or turfstone. Parking of motor vehicles on lawns or in other landscaped
areas is prohibited.
No truck or vehicle used primarily for commercial purposes (other than those temporarily
present on business), no recreational vehicles or campers, and no trailer may be parked within
the Properties. Any vehicle not in operable condition and validly licensed, may be kept on a Lot
only if kept inside a garage and concealed from public view. No boat may be kept on any Lot.
-21

Ins-L- # 283002 Book 2209Page: 1442
For the purpose of this section, the term "kept" shall mean present for either a period of more
than ten (10) hours or overnight, whichever is less.
The Association shall have the right to tow or remove any boat, trailer, or vehicle of any
type which is parked within the Premises or kept on any Lot in violation of this section, at the
owner's expense, and the owner of each Lot, by acceptance of their deed, does grant to the
Association such an easement on, across, and upon their Lot as may be necessary to enforce the
provisions set out in this section.
Section 12. Walls, Fences, and Hedges. All walls, fences, planters and hedges shall be
controlled strictly for compliance with this Declaration and architectural standards established by
the Declarant or the ARC. As set out in Section 6 supra, the owner of any Class A Lot on which
any area is fenced shall be responsible for maintaining the lawn within the fenced -in area.
No wall, fence, planter, or hedge shall be erected or maintained line forward of the rear
exterior corners of the main residential structure located on a Lot. For the purpose of this
provision the rear exterior comer of the main residential structure excludes bay or box windows,
chimney structures or any other similar appendage.
No perimeter wall, fence, or hedge in excess of six (6) feet in height shall be erected and
maintained on a side lot line from a point located at the rear exterior corner of the main
residential structure, backward to the rear property line on a Lot and along the rear property line
of the Lot.
On comer lots, side yard fences must be set back from the side property line a minimum
of one-half (1/2) of the side building line setback shown on the plat, but in no event shall the
fence be located forward of the rear exterior corner of the main residential structure.
The design and materials of all fences shall be approved by the ARC prior to construction
pursuant to the approval requirements of Article VIII, Section 1, of this Declaration.
Section 13. Above ground swinuning_pools. No above ground swimming pool shall be
erected, constructed, placed or permitted to remain on any Lot.
Section 14. Antennae and Roof Structures. No radio or other electrical towers, aerials,
antennae, or other devices of any type for the reception or transmission of radio broadcasts or
other means of communication shall be erected, constructed, placed or permitted to remain on
any Lot or upon any improvements thereon, except that this prohibition shall not apply to those
antennae specifically covered by 37 C.F.R. Part 1, Subpart S, Section 1.4000 (or any successor
provision) promulgated under the Telecommunications Act of 1996, as amended from time to
tune. The Association shall be empowered to adopt rules governing the types of antennae that are
permissible hereunder and establishing reasonable, non-discriminatory restrictions relating to
safety, location and maintenance of antennae.
An antenna permissible pursuant to rules adopted by the Association may. be installed
only if it is approved by the Association pursuant to Article 'VIII hereof..
Section 15. Visual Obstructions at the Intersections of Public Streets. No object or thing
which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways
within the triangular area formed by the junction of street curb lines and a line connecting them
-22-

Inst # 283002 Book 2209Page: 1443
at points twenty-five (25) feet from the junction of the street curb lines (or extensions thereof)
shall be placed, planted or permitted to remain on any corner lots.
Section 16. Leased Units. An Owner may lease or sublet his Unit; provided, however,
that any lease or sublease must be for at least six (6) months, in writing and contain the following
provision:
"Tenant shall obey, adhere to and be bound by all provisions of the Declaration Of
Covenants, Conditions And Restrictions For the Seaspray at Carolina Place Community,
recorded in the applicable public registry for Brunswick County, North Carolina. Tenant
acknowledges that he has received of a copy such Declaration -and the rules and regulations of
the Association and is familiar with the provisions of same."
If an Owner fails to include said provision in any lease or sublease, it shall be
conclusively deemed to be included and part of said lease or sublease. Owner shall furnish the
Association a copy of any leases or subleases of his Unit.
Section 17. Minimum Size of Units. All Units constructed on Class A Lots shall have a
minimum of 1200 square feet of enclosed dwelling area. The term "enclosed dwelling area" as
used in the minimum requirements shall be the total enclosed area within a dwelling, provided,
however, that such term does not include garages, terraces, decks, open porches, and like areas;
provided, further, that shed type porches, even though attached to the house are specifically
excluded from the definition of the aforesaid term "enclosed dwelling area".
Section 18. Attached Garages. All Class A Units constructed within the Properties shall
contain an enclosed garage that is permanently attached to and part of the Unit and such garage
shall be large enough to accommodate at least one automobile. Class A-1 Lots shall not have
garages.
Section 19. Seasonal or Holiday Decorations. (e.g., Christmas trees and lights,
pumpkins, Easter decorations) shall be removed from each Lot or residential dwelling within a
reasonable period of time after such holiday passes. The ARC has the sole discretion to
determine what is a reasonable period of time for seasonal or holiday decorations to exist after
the holiday passes and its determination shall be final.
Section 20. Window Coverings. All drapes, curtains or other similar materials hung at
windows so as to be visible from outside the home shall be of a white or neutral background
material.
Section 21. Exterior Lights. All light bulbs or other lights installed in any fixture located
on the exterior of any building or any Sites shall be clear, white or non -frosted lights or bulbs.
Light wattage and placement shall be approved by the Architectural Control Board.
Section 22. All service utilities, fuel tanks, wood piles and trash and garbage containers
are to be enclosed within a fence, wall or plant screen of a type and size approved by the
Declarant or the Architectural Control Committee, so as to preclude the same from causing an
unsightly view from any highway, street or way within the subdivision, or from any . other
residence within the subdivision.
-23-

Inst # 283002 Book 2209Page: 1444
Section 23. Deviations. Declarant at its sole discretion, is hereby permitted to approve
deviations to restrictions in Article XI in instances where in its judgment, such deviation will not
adversely affect the development of the Property as a whole. Such approvals must be granted in
writing and when given will automatically amend these restrictions for that certain Lot only.
ARTICLE XII
STORMWATER MANAGEMENT
Section 1. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number Su18ol0) z9 , as issued by the Division of
Water Quality under NCAC 2H.1000. The State of North Carolina is made a beneficiary of
these covenants to the extent necessary to maintain compliance with the Stormwater
Management Permit. These covenants are to run with the land and be binding on all persons and
parties claiming under them. The covenants pertaining to stormwater may not be altered or
rescinded without the express written consent of the State of North Carolina, Division of Water
Quality. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division of Water Quality.
Section 2. The maximum allowable built -upon area per lot is 3,200 square feet. This
allotted amount includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the pavement. Built -
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
and coquina and parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools.
Section 3. All runoff from the built -upon areas on the lot must drain into the permitted
system. This may be accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter swales to collect lot runoff
and directing them into the stormwater system or into the street. Lots that will naturally drain
into the system are not required to provide these additional measures.
ARTICLE XM
GENERAL PROVISIONS
Section 1. Enforcement. The Association or any Owner shall have the right to enforce, by
proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this Declaration. Failure by the
Association or an Owner to enforce any covenant or restriction herein contained shall in no event
be deemed a waiver of the right to do so thereafter. Further, the Board of Directors shall have the
right to rccord in the appropriate land records a notice of violation of this Declaration or the
Bylaws of the Association, or any rules, regulations, use restrictions, or design guidelines
promulgated by the Association and to assess the cost of recording and removing such notice
against the Owner in violation of the Declaration.
-24-

Inst # 283002 Book 2209Page: 1445
Section 2. Severability. Invalidation of anyone of these covenants or restrictions by
judgment or court order shall in no way affect any other provision, which shall remain in full
force and effect.
Section 3. Amendment. For so long as Declarant owns any Lot or Unit within the
Properties, this Declaration may be amended by the Declarant, without the consent or joinder of
any other Owner or the Association. Any such amendment shall be effective upon recording of
same in the applicable public registry for Brunswick County, North Carolina. No amendment
shall be binding upon any Lot or Owner until fifteen (15) days after a copy of such amendment
has provided to such Owner.
The covenants and restrictions of this Declaration, and any amendments thereto, are
appurtenant to and shall run with and be binding upon the Properties and the Owners thereof for
a term of twenty-five (25) years from the date this Declaration is recorded, after which time they
shall be automatically extended for successive periods of ten (10) years unless terminated or
amended by a vote of the Owners as set forth below.
Subject to the provisions of Section 8(e) hereof and after Class B Lots cease to exist, this
Declaration may be amended during the first twenty-five year period by an instrument signed by
the Owners of not less than seventy-five percent (751/1o) of the Lots and terminated during the
first twenty-five year period by an instrument signed by the Owners of not less than eighty
percent (80%) of the Lots, and thereafter amended by an instrument signed by the Owners of not
less than sixty-seven percent (67%) of the Lots or terminated by an instrument signed by the
Owners of not less than eighty percent (80%) of the Lots, provided, however, that so long as
there is Class B membership, no amendment adopted by the Owners shall be effective unless and
until such amendment is approved in writing by the Declarant. Amendment or termination shall
be by written instrument signed by the appropriate persons or entities and recorded in the
applicable public registry for Brunswick County, North Carolina, and upon recordation, shall be
binding. on all Lots and Units within the Properties and the Owners thereof, without regard to
whether the Owner of such Lot voted for or against or signed or did not sign the amendment.
Section 4. Interpretation. Headings used herein are for indexing purposes only and shall
not be used as a means of interpreting or construing any provision hereof. Unless the context
otherwise requires, the use herein of the singular shall include the plural and vice versa: the use
of one gender shall include all genders; and the use of the word "including" shall mean
"including, without limitation". This Declaration and the provisions thereof shall be construed
and enforced in accordance with the laws of the State of North Carolina.
Section 5. Subdivision of Lots. No Lot within the Subdivision may be subdivided by sale
or otherwise so as to reduce the total Lot area shown on the recorded plat, except by or with the
consent of the Declarant and, if required, by the appropriate governmental authority.
Section 6. Declarant's Right To Change Developinent. With the approval of the
appropriate governmental authority, and subject only to such terms and conditions as said
authority may impose, Declarant shall have the right, without consent or approval of the Owners,
to create Lots and Units, add Common Area, and reallocate Lots or Units within the Properties.
Additionally, the Developer may convert any lot or lots or any other property subject to these
restrictions to use as a roadway.
-25-

Inst ## 283002 Book 2209Page: 1446
Section 7. Rules and Regulations: Enforcement. The Board of Directors shall have the
authority to adopt additional rules and regulations governing the use of the Common Area and
the Lots within the Subdivision and shall famish a written copy of said rules and regulations to
the Owners) of each Lot at least fifteen (15) days before such rules and regulations become
effective.
In addition to any other rights and remedies that the Association may have under the
Bylaws and this Declaration, the Association may impose sanctions for a violation of this
Declaration, the Bylaws of the Association, the rules and regulations adopted Association, and
any restrictive covenants applicable to the Properties, in accordance with. procedures set forth in
the Bylaws, which sanctions may include, without limitation, reasonable monetary fines, which
shall constitute a lien upon the Lot of the violator, and suspension of the right to vote and the
right to use the Common Area any facilities thereon.
In addition, as provided in the Bylaws, the Association may exercise self-help to cure
violations (specifically including, but not limited to, the towing of Owner and tenant vehicles
that are in violation of parking rules) and may suspend the right of an Owner to use any Common
Area and recreational facility within the Properties if the Owner is more than 30 days delinquent
in paying any assessment or other charge due to the Association.
The Association shall at all times have the right and easement to go upon any Lot for the
purposes of exercising its rights hereunder, including, but not limited to, enforcement of the
architectural guidelines applicable to the Properties. Any entry onto any Lot for purposes of
exercising this power of self-help shall not be deemed as trespass. All remedies set forth in this
Declaration and the Bylaws shall be cumulative of any remedies available at law or in equity. In
any action to enforce its rights and remedies, if the Association prevails, it shall be entitled to
recover all costs, including, without limitation, attorneys' fees and court costs, incurred in such
action.
The Association shall not be obligated to take action to enforce any covenant, restriction
or rule which the- Board. reasonably determines is, or is likcly to be construed as, inconsistent
with applicable law, or in any case in which the Board reasonably determines that the
Association's position is not strong enough to justify taking enforcement actions. Any such
determination shall not be construed as a waiver of the right to enforce such provisions under
other circumstances or to estop the Association from enforcing any other covenant, restriction or
rule.
Section 8. Dispute Resolution.
(a) Consensus for Association Action.
(1) Except as provided in this Section, the Association may not commence a legal
proceeding or an action under this Article without the approval of at least two-thirds of the
Members. The foregoing shall not apply to: (i) actions brought by the Association to enforce the
provisions of this Declaration, the Bylaws, or rules and regulations adopted by the Association
(hereinafter collectively referred to as the ("Governing Documents"); (ii) the i nposition and
collection of assessments; (iii) proceedings involving challenges to ad valorem taxation: or (iv)
counterclaims brought by the Association in proceedings against it.
-26-

Inst # 283002 Book 2209Page: 1447
(2) Prior to the Association or any Member commencing any proceeding to which
Declarant is a party, including, without limitation, a proceeding based on an alleged defect in any
improvement, Declarant shall have the right to be heard by the Members, or the particular
Member, and to have access to inspect and correct the condition of or redesign any portion of
any improvement as to which a defect is alleged or to otherwise correct or resolve the dispute.
(b) Alternative Method for Resolving_ Disputes. Declarant, its officers, directors,
employees and agents, the Association, its officers, directors and committee members, all
Owners, Members, any Builder, its officers, directors, employees and agents, and any other
person or entity not otherwise subject to this Declaration who agrees to submit to this Section 8
(each such person or entity being herein referred to as a "Bound Party" or, in groups, as the
"Bound Parties") each agrees to encourage the amicable resolution of disputes, without the
emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees
to submit those claims, grievances and disputes described in Subsection (c) hereof (herein
referred to as the "Claims") to the procedures set forth in Subsection (d) hereof.
(c) Claims. Unless specifically exempted below, all Claims between any of the Bound
Parties, regardless of how such Claims might have arisen or on what they might be based,
including, but, not limited to, Claims: (i) arising out of or relating to the interpretation,
application or enforcement of the Governing Documents or the rights, obligations and duties of
any Bound Party under the Governing Documents; (ii) relating to the design and construction of
improvements; or (iii) based on any statements, representation, promises, warranties, or other
communications alleged to have been made by or on behalf of any Bound Party, shall be subject
to the provisions of Subsection (d) hereof.
Notwithstanding the foregoing, unless all parties to any such dispute otherwise agree in
writing, the following shall not be deemed to be Claims covered by this Subsection (c) and shall
not be subject to the provisions of Subsection (d):
(1) any proceeding by the Association against any Bound Party to enforce the provisions
of Article 'J of this Declaration:
(2) any proceeding by the Association or the Declarant to obtain a temporary restraining
order or injunction (or equivalent equitable relief) and such other ancillary relief as the court may
deem necessary in order to maintain the stages quo and preserve the Association's or the
Declarant's ability to act under and enforce the provisions of Articles VIR and M of this
Declaration;
(3) any proceeding between or among Owners, which does not include the Declarant, a
Builder, or the Association as a party, if such proceeding asserts a Claim which would constitute
a cause of action independent of the Governing Documents; or
(4) any proceeding in which no Bound Party is an indispensable party.
With the consent of all parties thereto, any dispute involving any of the foregoing
excepted actions may be submitted to the alternative dispute resolution procedures set forth in
Subsection (d).
(d) Mandatory Procedures.
-27-

inst< 8 283002 Book 2209Page: 1448
(1) Notice. Any Bound Parry having a Claim (the "Claimant") against any other Bound
Party (the "Respondent") (the Claimant and the Respondent being herein individually referred to
as a "Party" and collectively as the "Parties") shall notify each Respondent in writing (the
"Notice"), stating plainly and concisely:
(i) the nature of the Claim, including the persons or entities involved and the
Respondent's role in the Claim:
(ii) the legal basis of the Claim (i.e., the specific provisions of the Governing
Documents or other authority out of which the Clain arises);
(iii) the proposed remedy; and
(iv) the fact that Claimant will meet with Respondent to discuss in good faith
ways to resolve the Claim.
(2) Negotiation and Mediation.
(i) The Parties shall make every reasonable effort to meet in person and confer
for the purpose of resolving the Claim by good faith negotiation. If requested in uniting,
accompanied by a copy of the Notice, the Board of Directors of the Association may appoint a
representative to assist the Parties in their negotiations.
( ii) If the Parties do not resolve the Claim within 30 days after !be date of the
Notice (or within such other time period as may be agreed upon by the Parties), Claimant shall
have an additional 30 days in which to submit the Claim to mediation under the auspices of the
American Arbitration Association ("AAA") in accordance with the AAA's Commercial or
Construction Industry Mediation Rules, as appropriate.
(iii) If Claimant does not submit the Claim to mediation within such time, or does
not appear for the mediation. Claimant shall be deemed to have waived the Claim, and
Respondent shall be released and discharged from any and all liability to Claimant on account of
such Claim; provided, nothing herein shall release or discharge the Respondent from any liability
to any person or entity other than the Claimant.
(iv) Any settlement of the Claim through negotiation or mediation shall be
documented in writing and signed by the Parties. If the Parties do not settle the Claim within 30
days after submission of the matter to AAA mediation, or within such other time as may be
determined by the mediator or agreed to by the Parties, the mediator shall issue a written notice
of termination of the mediation process, which notice shall state that the Parties are at an impasse
and set forth the date that mediation was terminated (hereinafter "Termination of Mediation").
(v) Each Party shall bear its own costs of the mediation, including attorneys' fees,
and each Party shall share equally all fees and expenses of the mediator and the administrative
fees of mediation. If the Parties agree to a resolution of a Claim through negotiation or mediation
as set forth in this Subsection (d), and any Party thereafter fails to abide by the terns of the
settlement agreement, any other Party may file suit or initiate arbitration proceedings to enforce
the agreement without the need to again comply with the procedures set forth in this Subsection
(d). In such event, the Party taking action to enforce the agreement shall be entitled to recover
from the non -complying Party (or, if more than one Party is in noncompliance, from all non-
-28-

Inst. # 283002 Book 2209Page: 1449
complying Parties pro rata) all costs incurred by such Party in enforcing the agreement,
including, without limitation, attorneys' fees and court costs.
(3) Binding Arbitration.
(i) After Termination of Mediation, Claimant shall be entitled to submit the
Claim to final, binding arbitration under the auspices of the AAA in accordance with the AAA's
Commercial or Construction Industry Arbitration Rules, as appropriate. No Claim subject to this
Subsection (d), whether by the provisions thereof or by agreement of the Parties, shall be
submitted to or decided by or in a court of law. Any judgment upon the award entered by the
arbitrator may be entered in and enforced by a court of competent jurisdiction. If the amount
claimed by the Complainant or, by the Respondent in a counterclaim, exceeds $250,000, the
Claim shall be heard and determined by three arbitrators. Otherwise, unless the Parties otherwise
agree, the Claim shall be heard and determined by an arbitrator. An arbitrator shall have
expertise in the areas) of the Claim, which may include legal expertise if legal issues are
involved.
(ii) Each Party shall bear its own costs of the arbitration, including attorneys'
fees, and each Party shall share equally all fees and expenses of the arbitrator and the
administrative fees of arbitration.
Notwithstanding the foregoing, if a Party unsuccessfully contests the validity or scope of
arbitration in a court of law, the non -contesting Party shall be awarded reasonable attorneys' fees
and expenses incurred in defending such contest. All decisions regarding the arbitrability of any
Claim shall be decided by the arbitrator(s).
(iii) The award of the arbitrators shall be accompanied by detailed written
findings of fact and conclusions of law. Except as required by law or for confirmation of an
award, neither a Party nor an arbitrator may disclose the existence, content, or results of any
arbitration hereunder without the prior written consent of all Parties involved in the arbitration.
(e) Amendment of Subsection. Notwithstanding any other provision of this Declaration,
this Subsection 8 may not be amended prior to the expiration of 20 years from the date of
recording of this Declaration without the prior written consent of the Declarant.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set
its hand and seal this 3 day of �%� l,a cr , 2005.
DECLARANT:
BILL CLARK HOMES OF WILMINGTON, LLC,
A North Carolina limited liability company
By:1 /
��,.. r ����
-29-

Inst # 283002 Book 2209Page: 1450
B w rt (SEAL)
M ger
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public for 7LFz)ca2 Clowny , do hereby certify that
and E'zL,a,eb j-1. C' AAg , Managers of Bill Clark Homes of
Wilmington, LLC, a NC limited liability company, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument on behalf of said limited liability
company.
Witness my hand and seal this 3 day of A1aG vs r , 2005.
Nota6 Public
My comm. expires: J cy z7. Boa$
-30-

Inst: # 283002 Book 2209Page: 1451
10.14111.031 �
Legal Description of Property
BEING all of Seaspray Cove at Carolina Place, Phase 1, as the same
appears on a plat recorded in Map Cabinet 32 at pages 72 and 73 of the
Brunswick County Registry.
-31-

Inst # 283002 Book 2209Pnge: 1452
EXHIBIT `B"
Legal Description of Additional property
BEING all of Tract 1 and Tract lA as shown on the map of
"SUTTON/COOIUWINDFALL PROPERTIES DIVISION" as recorded
in Map Cabinet 29 at page 431 of the Brunswick County Registry,
reference to which is hereby made for a more particular description.
TOGETHER WITH and SUBJECT TO a fifty foot (50') access easement
as shown on Tract 1 of the aforesaid reap and a fifty foot (50') access
easement as shown on Tract 2 of the aforesaid map.
TOGETHER WITH the rights of ingress, egress, and regress over all
roads, streets, and rights of way shown on the plats recorded in Map
Cabinet 24 at pages 314, 315, 316, and 317, all of the Brunswick County
Registry.
-32-

V
Brunswick County --Register of Deeds
Robert: J. Robinson
Inst #314196 Book 2328Page 244
' 02/06/2006 11:05; 58ann Rec# 4 151
iihis Inslr�p7ar46�s hegn'iiled io r, �.�
Registration atf tit gad, ll Q and In the y�
Qook and,FagB. s svi� an
`• h �ytlf � UeInQren9mefor �.
,.. ni
`RpbgrJRgbl e, :bgister ojDeeds
r,,
RET IED M S�.
--)-TOTAL 1:1 REV_TC#
REC#_ CK AMTJ -2 CK# 2 $ Y 6
CASH - REF --BY
AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE
SEASPRAY AT CAROLINA PLACE COMMUNITY
Pursuant to Article XIII, Section 3 the "Declaration of Covenants, Conditions, and Restrictions
for the Seaspray at Carolina Place Community," filed on 4Ue1US7- it) , 2005 in the Office
of the Register of Deeds of Brunswick County, North Carolina, and recorded in Book 220
Page 1421 , of said office, Bill Clark Homes of Wilmington, a North Carolina limited liability
company, on the date hereinafter set forth, does hereby amend, herefore as follows:
The following subsection shall be added to Article VI (Rights of Lenders), Section 2 (Notice to
Lenders):
(d) Any condemnation or casualty loss that affects either a material portion of the
project or the unit securing its mortgage.
IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal this the
3 day of h_=&RuAjU , 2006.
BILL CLARK HOMES OF WILMINGTON, LLC
A North Carolina Limited Liability Company
By /�)1AjW0r_ (SEAL)
Manager
� n
By: ee (SEAL)
Manager

Inst # 314196 Book 2320Page: 245
State of No�r-thh Carolina
County of
I, (_ /9�YLti/� a Notary Public of County, North Carolina, do hereby
certify that }-J. &41e*� and Yt-,.0 y a A u LLme, , Managers
of Bill Clark Homes of Wilmington, LLC, personally came before me this day and
acknowledged the due execution of the foregoing document.
Witness my hand and notarial seal,, this the 3 day of )-- �x ,4,ey 9.2006.
My Commission expires on , h4i y Z? zb.*F

IIIIIIIIIIIIIIIIIIill II IIII IIII IIIII B25Z0 mlc6 s�� 444..000
Brunswick County, NC egaster of Deeds page 1 of 3
FE :"_f .3131�aS 0"1[ �
C-nS ,RCV TC#
_C# CK AMTet�,K#_299q
_-ASH REF 3Y 10
SUPPLEMENTARY DECLARATION FOR SEAPRAY COVE
AT CAROLINA PLACE FOR ANNEXATION OF PHASE 2
Please return to:
Drawn by: Thomas J. Morgan, Attorney at Law
Post Office Box 1388
Wilmington, NC 28402-1388

iIIIIIIIII�II�IIIIIIIIIIIII�illlllll B� ?�s510�o�
Brunswick ounty, NC egister of Deeds page ;a4 ®ma
2 of 3
STATE OF NORTH CAROLINA SUPPLEMENTARY DECLARATION FOR
SEASPRAY AT CAROLINA PLACE FOR
ANNEXATION OF PHASE 2
COUNTY OF BRUNSWICK
Know all men by these presents that:
Bill Clark Homes of Wilmington, L.L.C., a North Carolina limited liability company
(herein "Declarant") heretofore executed the Declaration of Covenants, Conditions and
Restrictions for the Seaspray at Carolina Place Community and caused the same to be recorded in
Book 2209 at page 1421, et sea. of the Brunswick County Registry (hereinafter the
"Declaration'l; and
WHEREAS, in accordance with Article II, Section 3 of said Declaration, the Declarant
has the right to develop and annex additional land and make the same subject to the Declaration
by recording a Supplementary Declaration extending the operation and effect of said Declaration
to the property to be annexed; and
WHEREAS, the Declarant has developed additional lots designated as Seaspray at
Carolina Place Community, Phase Two, as the same appear on a plat recorded in Map Cabinet
34 at pages J?q thru q t of the Brunswick County Registry, all of which the
Declarant desires to be made subject to the Declaration; and
WHEREAS, the Declarant desires to amend Article XII, Section 2 to show the allowable
built -upon area for homes constructed in Seaspray at Carolina Place Community, Phase Two.
NOW, THEREFORE, the Declarant does hereby supplement the Declaration as follows:
By making subject to said Declaration and annexing thereto, the following described
properties:
BEING all of SEASTRAYATCAROLEVA PLACE COMMUNITY, PHASE TWO
as shown an a map thereof recorded in Map .Cabinet 34 at pageI?q of the
Brunswick County Registry, reference to which said map is hereby made for a
more particular description.
By adding the following sentence to Article XII, Section 2:
The allowable built -upon area per lot in Phase Two is as follows:
Lots # BUA
22 — 27, 50 — 54, and 94 —122 4, 000 square feet
By adding the following to Article XII, Section 3:
Regarding lots in Phase 2, all runojffrom the built -upon areas on the lot must drain into the
permitted system. This may be accomplished through a variety of means including roof
drain gutters which drain to the street, grading the lot to drain toward the street, orgrading
perimeter swales to collect lot runoff and directing them into a component of the stormwater
system. Lots that will naturally drain into the system are not required to provide these
additional measures.
Except as amended, the foregoing Declaration shall be and remain in full force and effect.

` I 110111
` Iof e� II)f�II�iIkl�l�il�lll�;i'llr BLo�ds�!� be a�c3f a o
IN WITNESS WHEREOF, Bill Clark Homes of Wilmington, L.L.C. has caused this
Supplementary Declaration to be executed under seal for the purposes set out therein, this the
Z day of December, 2006.
BILL CLARK HOMES OF WII MINGTON, L.L.C.
by: ",(SEAL)
anager
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
Ira Notary Public ofi+e County and State aforesaid, .certify that E�W 1 Cca�e�c
and I YA A. �uus�c as Managers of Bill Clark Homes of Wilmington, L.L.C.,
personally appeared before me this day and acknowledged the execution of the foregoing
instrument.
WITNESS my hand and official stamp or seal, this the 7 day of ge-e4gwux
2006.
/�
Notary P lic
My Comm. Exp: JuLy z7_ aooP

Il llili lillliiff 11 lil li i III I IIII II III J?52m !0856 ±,�0�-44®oma
Brunswick County, NC Register of Deeds page 1 of 3
P I
ice,± REV TC# _
-,-SH REF BY-W—_
SUPPLEMENTARY DECLARATION FOR SEAPRAY COVE
AT CAROLINA PLACE FOR ANNEXATION OF PHASE 2
Please return to:
Drawn by: Thomas J. Morgan, Attorney at Law
Post Office Box 1388
Wilmington, NC 28402-1388

11i1I11I1I�1111111i111111�J! Ji i1I11 6252@ P0857i�"°44 @W
Brunswie Coun y, NC egister of Deeds page 2 of a
STATE OF NORTH CAROLINA SUPPLEMENTARY DECLARATION FOR
SEASPRAY AT CAROLINA PLACE FOR
ANNEXATION OF PHASE 2
COUNTY OF BRUNSWICK
Know all men by these presents that:
Bill Clark Homes of Wilmington, L.L.C., a North Carolina limited liability company
(herein "Declarant') heretofore executed the Declaration of Covenants, Conditions and .
Restrictions for the Seaspray at Carolina Place Community and caused the same to be recorded in
Book 2209 at page 1421., et sea. of the Brunswick County Registry (hereinafter the
"Declaration'l; and
WHEREAS, in accordance with Article II, Section 3 of said Declaration, the Declarant
has the right to develop and annex additional land and make the same subject to the Declaration
by recording a Supplementary Declaration extending the operation and effect of said Declaration
to the property to be annexed; and
WHEREAS, the Declarant has developed additional lots designated as Seaspray at
Carolina Place Community, Phase Two, as the same appear on a plat recorded in Map Cabinet
3(. at pages W 9— thm q i of the Brunswick County Registry, all of which the
Declarant desires to be made subject to the Declaration; and
WHEREAS, the Declarant desires to amend Article XII, Section 2 to show the allowable
built -upon area for homes constructed in Seaspray at Carolina Place Community, Phase Two.
NOW, THEREFORE, the Declarant does hereby supplement the Declaration as follows:
By making subject to said Declaration and annexing thereto, the following described .
properties:
BEING all of SEASPRAYAT CAROLINA PLACE COMMUNITY, PHASE TWO
as shown on a map thereof recorded in Map Cabinet 34 at page. 1— of the
Brunswick County Registry, reference to which said map is hereby made for a
more particular description.
By adding the following sentence to Article XII, Section 2:
The allowable built -upon area per lot in Phase Two is as follows:
Lots # BUA
22 — 27, 50 — 54, and 94 —122 4, 000 square feet
By adding the following to Article XII, Section 3:
Regarding lots in Phase 2, all rung f}ffrom the built -upon areas on the lot must drain into the
permitted system. This may be accomplished through a variety. of means including roof
drain gutters which drain to the street, grading the lot to drain toward the street, or grading
perimeter swales to collect lot runoff and directing them into a component of the stormwater
system. Lots that will naturally drain into the system are not required to provide these
additional measures.
Except as amended, the foregoing Declaration shall be and remain in full force and effect.

12 11 2006
lll�llpllllllllllllllllll;P0age i 20601!er.3onlnsilly. lllllr 3
IN WITNESS WHEREOF, Bill Clark Homes of Wilmington, L.L.C. has caused this
Supplementary Declaration to be executed under seal for the purposes set out therein, this the
Z day of December, 2006.
BILL CLARK HOMES OF WILMINGTON, L.L.C.
by: (SEAL)
anager
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
-Awbaw-
Ira Notary Public off County and State aforesaid, .certify that &DUA . 4. Ca.ex
and A. Cr.,,— as Managers of Bill Clark Homes of Wilmington, L.L.C.,
personally appeared before me this day and acknowledged the execution of the foregoing
instrument.
WITNESS my hand and official stamp or seal, this the -7 day of 7[ ecappupc..
2006.
Notary P lic
My Comm. Exp: -Iaz / z'z zoo$

STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
Know all men by these presents that:
&mSWIck County —Register of Deeas
Robert J. Robinson
T_nst 4327533 Book 2416Pacm 639
06/23/2006 04:44:01pm Rea# `d15gS5-
SUPPLEMENTARY DECLARATION FOR
SEASPRAY AT CAROLINA PLACE FOR
ANNEXATION OF PHASE 3
Bill Clark Homes of Wilmington, L.L.C., a North Carolina limited liability company
(herein "Declarant') heretofore executed the Declaration of Covenants, Conditions and
Restrictions for the Seaspray at Carolina Place Community and caused the same to be recorded in
Book 2209 at page 1421, et sey. of the Brunswick County Registry (hereinafter the
"Declaration'); and
WHEREAS, in accordance with Article II, Section 3 of said Declaration, the Declarant
has the right to develop and annex additional land and make the same subject to the Declaration
by recording a Supplementary Declaration extending the operation and effect of said Declaration
to the property to be annexed; and
WHEREAS, the Declarant has developed additional lots designated as Seaspray at
Carolina Place Community, Phase Three, as the same appear on a plat recorded in Map Cabinet
35 at page 2-78 of the Brunswick County Registry, all of which the Declarant desires to
be made subject to the Declaration; and
WHEREAS, the Declarant desires to amend Article Xll, Section 2 to show the allowable
built -upon area for homes constructed in Seaspray at Carolina. Place Community, Phase Three.
NOW, THEREFORE, the Declarant does hereby supplement the Cation as follows:
By making subject to said Declaration and annexing thereto, the fol wing described
properties:
BEING all of SEASPRAYAT CAROLING PLACE COMMUNITY, PHASE THREE
as shown on a map thereof recorded in Map Cabinet 35 atpage. z-7 S of the
Brunswick County Registry, reference to which said map is hereby made for a
mere particular description.
By adding the following sentence to Article XII, Section 2:
The allowable built -upon area per lot in Phase Three is as follows:
Lots # BUA
SS — 61 and 87 — 93 4, 000 square feet
62 — 86 3,300 square feet
By adding the following to Article XII, Section 3:
Regarding lots in Phase 3, all runofffrom the built -upon areas on the lot must drain into the
permitted system. This may be accomplished through a variety of means including roof
drain gutters which drain to the street, grading the lot to drain toward the street, or grading
perimeter swales to collect lotrungffand directing them into a component ofthe stormwater
system. Lots that will naturally drain into the system are not required to provide these
additional measures.
Except as amended, the foregoing Declaration shall be and remain in full force and effect.
.s yRUlsl ileifoP�, �j, tr
neymeeem mie sna m e
° � 9 1
O,RET
�yTOTAL, RE4 TO
® REC# CK AM�CK# N lP
CASH REF frY_.;�

Inst 8 337533 Book 243.6Page: 640
IN WITNESS WHEREOF, Bill Clark Homes of Wilmington, L.L.C. has caused this
Supplementary Declaration to be executed under seal for the purposes set out therein, this the
day of JuAE , 2006.
BILL CLARK HOMES OF WILMINGTON, L.L.C.
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, a Notary Public of the County and State aforesaid, certify that i~'7 W ARza 0. l�akat
and S WIA A m 6d.0 L as Managers of Bill Clark Homes of Wilmington, L.L.C.,
personally appeared before me this day and acknowledged the execution of the foregoing
instrument.
WITNESS my hand and official stamp or seal, this the 2 z.day of TL Qr
2006.
Notar3oftblic
My Comm. Exp: -T9L11 27_ zaaL