WQ0006863_Renewal Application_20210917

Initial Review
Reviewer Thornburg, Nathaniel D
Is this submittal an application? (Excluding additional information.)*
r Yes r No
Permit Number (IR)* WQ0006863
Applicant/Permittee Genesis Condominium Owners Association, Inc.
Applicant/Permittee Address PO Box 1154, Atlantic Beach, NC 28512
Is the owner in BIMS? r Yes r No Is the facility in BIMS? r Yes r No
Owner Type Organization
Facility Name Genesis Condominiums WWTP
County Carteret
Fee Category Major
Is this a complete
application?*
c Yes r No
Signature Authority
Signature Authority Title
Signature Authority Email
Document Type (if non -application)
Email Notifications
Does this need review bythe hydrogeologist?* r Yes r No
Regional Office
CO Reviewer
Admin Reviewer
Fee Amount $0
Complete App Date 09/17/2021
Below list any additional email address that need notification about a new project.
Email Address
Comments to be added to email notfication
Comments for Admin
Comments for RO

Comments for Reviewer
Comments for Applicant

Submittal Form
Project Contact Information
Rease provide information on the person to be contacted by NM Staff
Name * John Phillips
Email Address*
[e-mail]
electronic submittal, confirmation of receipt, and other correspondence.
Project Information
........ ......... ....................................................................................................................................... .
Application/Document Type* r New (Fee Req ui red)
r Modification - Major (Fee Required)
r Renewal with Major Modification (Fee
Required)
r Annual Report
r Additional Information
r Other
Phone Number*
919-467-9972 x 5
O Modification - Minor
G Renewal
C GW-59, NDMR, NDMLR, NDAR-1,
NDAR-2
r Residual Annual Report
r Change of Ownership
We no longer accept these monitoring reports through this portal. Please click on the link below and it will take you to the correct form.
https://edocs.deq.nc.gov/Forms/NonDischarge_Monitoring_Report
Permit Type:*
r Wastewater Irrigation r High -Rate Infiltration
r Other Wastewater r Reclaimed Water
r Closed -Loop Recycle r Residuals
r Single -Family Residence Wastewater r Other
Irrigation
Permit Number:*
WQ0006863
Fbs Current Existing permit number
Applicant/Permittee *
Genesis Condominium Owners Association, Inc.
Applicant/Permittee Address*
PO Box 1154, Atlantic Beach, NC 28512
Facility Name *
Genesis Condominiums WWTP
Please provide comments/notes
on your current submittal below.
This submittal is the application package
for the renewal of Permit WQ0006863 - Genesis
Condominium Owners Association.
At this time, paper copies are no longer required. If you have any questions about what is required, please contact Nathaniel Thornburg
at [e-mail].
Please attach all information required or requested for this submittal to be reviewed here.*
(Application Form Engineering Rans, Specifications, Calculations, ac.)
Permit WQ0006863 Renewal Application Package -
6.44MB
Genesis Condo Owners Association. pdf
Upload only 1 FLFdocurrent (less than 250 NB). Miftiple docurrents mist be corrbined into one RJFfile unless file is larger than
upload limit.
* V By checking this box, I acknowledge that I understand the application will not be
accepted for pre -review until the fee (if required) has been received by the Non -
Discharge Branch. Application fees must be submitted by check or money order
and made payable to the North Carolina Department of Environmental Quality
(NCDEQ). I also confirm that the uploaded document is a single PDF with all parts
of the application in correct order (as specified by the application).
Mail payment to:
NCDEQ — Division of Water Resources
Attn: Non -Discharge Branch
1617 Mail Service Center
Raleigh, NC 27699-1617

Signature
Submission Date 9/16/2021

State of North Carolina
Department of Environmental Quality
Division of Water Resources
15A NCAC 02T .0700 HIGH-RATE INFILTRATION SYSTEM RENEWAL
FORM: HRIS-R 02-21
Pursuant to 15A NCAC 02T .0107(b), if the application does not include all required information and the necessary supporting
documentation, the application shall be returned. The application and attachments shall be prepared in accordance with 15A
NCAC 02T .0100, 15A NCAC 02T .0700, and Division Policies. For more information, visit the Water Quality Permitting
-Discharge Branch website. The Applicant shall submit an electronic copy of the application and attachments
uploaded as a single Portable Document Format (PDF) file to https://edocs.deq.nc.gov/Forms/NonDischarge-Branch-Submittal-
Form-Ver2, or emailed to [e-mail] if less than 20 megabytes (MB).
SECTION I APPLICANT INFORMATION
1.Applicant: Genesis Condominium Owners Association
2.Permit No.: WQ0006863
3.Signature authority: Grady Fulcher Title: Property Manager
Phone number: [phone] Office Email: [e-mail]
4.Mailing address: P.O. Box 1154
City: Atlantic Beach State: NC Zip: 28512-
5.Contact person: Grady Fulcher Email: [e-mail]
Primary phone number: [phone] Office Secondary phone number: ( ) - Select
SECTION II FACILITY INFORMATION
1.Physical address: 301 Salter Path Road County: Carteret Parcel No.: 635518405964000
City: Pine Knoll Shores State: NC Zip: 28512-
2.Treatment facility coordinates to the sixth decimal degree:
Latitude: 34.695039° Longitude: -76.820914° Method: Map interpretation by extraction
SECTION III FLOW INFORMATION
1.Permitted flow: 24000 GPD (The maximum allowable flow based on what has been permitted)
2.As-built flow: 24000 GPD (The maximum allowable flow based on what has been constructed)
3.Average flow: 6000 GPD ()
4.Hydraulic capacity: 25 % (Divide the average flow in Item 3 by the As-built flow in Item 2)
5.Wastewater composition: Domestic : 100 % Industrial: % Stormwater: %
SECTION IV BILLING INFORMATION
1.Billing address: P.O. Box 1154
City: Atlantic Beach State: NC Zip: 28512-
2.Verify the Applicant does not have any overdue annual fees:
https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wq-epayments
Pursuant to 15A NCAC 02T .0120(c), permits for renewing facilities shall not be granted if the Applicant or any affiliation has
an unpaid annual fee.

FORM: HRIS-R 02-21 Page 1 of 6

SECTION V OPERATOR IN RESPONSIBLE CHARGE (ORC) INFORMATION
1.ORC: Don O'Mara Grade: 3 Certification No.: 7904
Mailing address: P.O. Box 4602
City: Emerld Isle State: NC Zip: 28594-
Phone number: [phone] Cell Email: [e-mail]
2.Back-Up ORC: Stanley Buck Grade: 3 Certification No.: 993396
Mailing address: 133 Rattan Street
City: Newport State: NC Zip: 28570-
Phone number: [phone] Cell Email:
SECTION VI OPEN-ATMOSPHERE STRUCTURES
1. List all open-atmosphere treatment and storage structures associated with the renewing permit. Attach additional sheets if
necessary.
Type Parcel No. Volume (gal) Liner Type Freeboard (ft) Latitude Longitude
Select Select . ° - . °
Select Select . ° - . °
Select Select . ° - . °
Select Select . ° - . °
SECTION VII RELATED PERMITS
1.List all wastewater permits (i.e., sewer, collection system, NPDES, residuals) that have interactions with the renewing permit.
Attach additional sheets if necessary.
Permit Type Permit No. Relationship Type
Select Select
Select Select
Select Select
Select Select
SECTION VIII MONITORING WELLS
1.List all groundwater monitoring wells associated with the renewing permit. Attach additional sheets if necessary.
Well Name Parcel No. Status Gradient Location Latitude Longitude
MW-1 635518407873000 Active Upgradient On Review Boundary 34.695030° -76.821678°
MW-2 635518407873000 Active Upgradient On Review Boundary 34.695022° -76.821856°
MW-3 635518405964000 Active Downgradient Outside Compliance Boundary 34.694403° -76.821272°
MW-4 635518407873000 Active Downgradient On Compliance Boundary 34.694869° -76.821683°
Select Select Select . ° - . °
Select Select Select . ° - . °
Select Select Select . ° - . °
Select Select Select . ° - . °
Select Select Select . ° - . °
Select Select Select . ° - . °
Select Select Select . ° - . °
FORM: HRIS-R 02-21 Page 2 of 6

SECTION IX INFILTRATION SITES
1.List all infiltration sites associated with the renewing permit. Attach additional sheets if necessary.
Site County Parcel No. Deeded Owner Area Cover Crop Latitude Longitude
Carteret 635518407873000 Genesis Condo Owners
010.03 NA 34.694966° -76.821597°
Assoc.
Carteret 635518407873000 Genesis Condo Owners 0.03
02NA 34.694933° -76.821869°
Assoc.
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FORM: HRIS-R 02-21 Page 3 of 6

Total Acreage:
ATTACHMENT A SITE MAP
Was the facility originally permitted or had a major modification issued after September 1, 2006?
Yes Pursuant to 15A NCAC 02T .0105(d), submit a site map pursuant to the requirements in 15A NCAC 02T .0704(d). These
requirements are:
A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing
all facility-related structures and fences within the wastewater treatment, storage, and infiltration areas.
Soil mapping units shown on all infiltration sites.
The location of all wells (including usage and construction details if available), streams (ephemeral, intermittent, and
perennial), springs, lakes, ponds, and other surface drainage features within 500 feet of all wastewater treatment, storage,
and infiltration sites.
Delineation of the compliance and review boundaries per 15A NCAC 02L .0107 and .0108.
Setbacks as required by 15A NCAC 02T .0706.
Site property boundaries within 500 feet of all wastewater treatment, storage, and infiltration sites.
All habitable residences or places of public assembly within 500 feet of all treatment, storage, and infiltration sites.
No Skip Attachment A.
ATTACHMENT B SIGNATURE AUTHORITY DELEGATION
Does the signature authority in Section I, Item 3 meet the requirements pursuant to 15A NCAC 02T .0106(b)?
Yes Skip Attachment B.
No Submit a delegation letter pursuant to 15A NCAC 02T .0106(c) authorizing the signature authority to sign.
ATTACHMENT C FLOW REDUCTION
Does the existing permit include an approved flow reduction?
Yes Submit a copy of the flow reduction approval letter, as well as the measured monthly average amount of wastewater flow
contributed per unit for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved
flow reduction value, the Permittee shall provide a reevaluation of the reduced flow value pursuant to the requirements in 15A
NCAC 02T .0114(f).
No Skip Attachment C.
ATTACHMENT D CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Is the Applicant a Privately-Owned Public Utility?
Yes Pursuant to 15A NCAC 02T .0115(a)(1), submit the Certificate of Public Convenience and Necessity from the North
Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise.
No Skip Attachment D.
ATTACHMENT E OPERATIONAL AGREEMENT
Is the Applicant a Home/Property Owners' Association or Developer of Lots to be Sold?
Yes (Home/Property Owners' Association) Pursuant to 15A NCAC 02T .0115(a)(2), submit an executed Operational Agreement
(FORM: HOA). Pursuant to 15A NCAC 02T .0115(c), if the applicant is a legally formed Homeowners' or Property Owner's
Association, submit a copy of the Articles of Incorporation, Declarations, and By-laws.
Yes (Developer of Lots to be Sold) Pursuant to 15A NCAC 02T .0115(a)(2), submit an executed Operational Agreement
(FORM: DEV). Pursuant to 15A NCAC 02T .0115(b), if the applicant is a developer of lots to be sold, submit a copy of the
Articles of Incorporation, Declarations, and By-laws.
No Skip Attachment E.

FORM: HRIS-R 02-21 Page 4 of 6

ATTACHMENT F DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES
Is the applicant a municipality, county, sanitary district, or public utility?
Yes Proceed to the next question.
No Skip Attachment F.
Does the hydraulic capacity in Section III, Item 4 exceed 70%?
Yes (the hydraulic capacity is greater than 70%, but less than 80%) Pursuant to 15A NCAC 02T .0118(1), prior to exceeding
80 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee
shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall
outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system,
elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements.
If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be
met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other
measures to achieve waste flow reductions.
Yes (the hydraulic capacity greater than 80%) Proceed to the next question.
No Skip Attachment F.
If answered Yes above, does the hydraulic capacity in Section III, Item 4 exceed 80%?
Yes (the hydraulic capacity is greater than 80%) Pursuant to 15A NCAC 02T .0118(2), prior to exceeding 90 percent of the
system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall obtain all
permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed,
submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed
for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future
growth projections, and as appropriate, shall include conservation plans or other specific measures to achieve waste flow
reductions.
No Skip Attachment F.
ATTACHMENT G EASEMENT, ENCROACHMENT, AND LEASE AGREEMENTS
Does the Permittee own all of the land associated with the wastewater collection, treatment, conveyance, infiltration, and groundwater
lowering (if applicable) system?
Yes Skip Attachment G.
No Pursuant to 15A NCAC 02T .0116(c), provide a copy of all easements, lease agreements, and encroachment agreements
allowing the Permittee to operate and maintain the wastewater collection, treatment, conveyance, infiltration, and groundwater
lowering (if applicable) system on property not owned by the Permittee.
ATTACHMENT H AFFILIATIONS
f record correct? Check affiliations.
Yes Skip Attachment H.
No Provide the corrected affiliations and their contact information.
ATTACHMENT I COMPLIANCE SCHEDULES
Does the existing permit include any Compliance Schedules? (See Section I of the most recently issued permit)
Yes Submit documentation that the compliance schedules have been met.
No Skip Attachment I.
ATTACHMENT J CIVIL PENALTIES AND OUTSTANDING VIOLATIONS
Does the Permittee have any existing civil penalties or outstanding violations?
Yes (civil penalties) Submit payment for the civil penalty, or proof of remission request.
Yes (violations) Submit a copy of your response to the Notice of Violation.
No Skip Attachment J.

FORM: HRIS-R 02-21 Page 5 of 6

AMENDED and RESTATED

BYLAWS

of

A corporation not for profit under
the laws of the State of North Carolina

1. IDENTITY

n,
Inc., a non-profit corporation under the laws of the State of North Carolina, (hereinafter referred
the Secretary of State on January 13, 1983, and the Amended and Restated Articles of
Incorporation were filed with the Secretary of State on ________________, 2004 (hereinafter
Association, Inc., hereinafter called "Association," has been organized for the purpose of
administering the operation and management of Genesis Condominium, a condominium
established in accordance with the laws of the State of North Carolina upon the property situate,
lying and being in Pine Knoll Shores, Carteret County, North Carolina, and shown on Schedule
"A" attached hereto and incorporated herein by reference.

a) The provisions of these Restated Bylaws are applicable to Genesis Condominium,
and the terms and provisions hereof are expressly subject to the terms, provisions, conditions and
authorization contained in the Restated Articles of Incorporation and which may be contained in
the formal Amended and Restated Declaration of Condominium recorded in the Public Records
of Carteret County, North Carolina (the "Amended and Restated Declaration"), the terms and
provisions of said Restated Articles of Incorporation and Amended and Restated Declaration to
be controlling wherever the same may be in conflict with the Restated Bylaws. All present or
future owners, tenants, future tenants or their employees, or any other person of Condominium
Units that might use Genesis Condominium or any of the facilities thereof in any manner, are
subject to the provisions of these Restated Bylaws and of the Restated Articles of Incorporation
and Amended and Restated Declaration of Condominium.

b) The office of the Association shall be at 301 Salter Path Road, Pine Knoll Shores,
Carteret County, North Carolina, 28512, or such other place as the Board of Directors shall
designate from time to time.

c) The fiscal year of the Association shall be July 1 to June 30.

d) Defined terms used in these Restated Bylaws shall have the same meaning given
such terms in the Amended and Restated Declaration and the Unit Ownership Act.

1

2. MEMBERSHIP, VOTING, QUORUM, PROXIES

a) The qualification of members, the manner of their admission to membership and
termination of such membership, and voting by members shall be as set forth in Article VI of the
Restated Articles of Incorporation of the Association, the provisions of which Article are
incorporated herein by reference.

b) A quorum at members' meetings shall consist of the presence in person or by
proxy at the beginning of the meeting of members owning at least 51 percent (51%) of the total
Allocated Interests in the Common Elements of the Condominium. The joinder of a member in
the action of a meeting by signing and concurring in the minutes thereof shall constitute the
presence of such person for the purpose of determining a quorum.

c) The vote of the Owners of a Unit owned by more than one person or by a
corporation or other entity shall be cast by the one person named in a certificate signed by all of
the Owners of the Unit and filed with the Secretary of the Association or designee, and such
certificate shall be valid until revoked by a subsequent certificate. If such a certificate is not on
file, the vote of such Unit Owners shall not be considered in determining the requirement for a
quorum, or for any other purpose.

d) Votes may be cast in person or by proxy. Proxies shall be valid only for the
particular meeting designated thereon and must be dated and filed with the Secretary before the
appointed time of the meeting.

e) Approval or disapproval of a Unit Owner upon any matter, whether or not the
subject of an Association meeting, shall be by the same person who would cast the vote of such
Unit Owner if in an Association meeting.

f) Except where otherwise required under the provisions of the Restated Articles of
Incorporation of the Association, these Restated Bylaws, the Amended and Restated Declaration
of Condominium, or whether the same may otherwise be required by law, the affirmative vote of
the members entitled to cast a majority of the votes at any duly called members' meeting at
which a quorum is present shall be binding upon the members.

3. ANNUAL AND SPECIAL MEETINGS OF MEMBERSHIP

a) The Annual Meeting of members of the Association shall be held within thirty
(30) days of the end of the fiscal year at such time and place as may be designated in the notice
of meeting, for the purpose of electing members to the Board of Directors and for such other
purposes as the Board Members may determine.
b) Special meetings of members of the Association shall be held whenever called by
the President or Vice-President or by a majority of the Board of Directors and must be called by
such officers within thirty (30) days following receipt of a written request from members of the
Association representing at least twenty percent (20%) of the votes in the Association, describing
the purpose for which such special meeting is requested.

2

c) Notice of all members' meetings, regular or special, shall be given by the
President, Vice-President or Secretary of the Association, or other Officer of the Association in
the absence of said Officers, to each member, unless waived in writing, such notice to be written
or printed and to state the time and place of the meeting and the items on the agenda of such
meeting, including the general nature of any proposed amendment to the Amended and Restated
Declaration, the Restated Articles or these Restated Bylaws, any budget changes and any
proposal to remove a Board Member. Except as otherwise specifically required by law or these
Restated Bylaws, such notice shall be given to each member not less than ten (10) days nor more
than sixty (60) days prior to the date set for such meeting, which notice shall be mailed or
presented personally to each member within said time. If presented personally, receipt of such
notice shall be signed by the member, indicating the date on which such notice was received by
him. If mailed, such notice shall be sent first class mail and shall be deemed to be properly given
when deposited in the United States Mail addressed to the member at his address as it appears on
the records of the Association (Register of Unit Owners) as of the date of mailing such notice,
the postage thereon prepaid. Proof of such mailing shall be given by the Affidavit of the person
giving the notice. Any member may, by signed written waiver of notice, waive such notice and,
when filed in the records of the Association, whether before or after the holding of the meeting,
such waiver shall be deemed equivalent to the giving of notice to the member. If any members'
meeting cannot be organized because a quorum has not attended, or because the greater
percentage of the membership required to constitute a quorum for particular purposes has not
attended (wherever the latter percentage of attendance may be required as set forth in the
Restated Articles of Incorporation, these Restated Bylaws or the Amended and Restated
Declaration), the members who are present, either in person or by proxy, may adjourn the
meeting from time to time until a quorum, or the required percentage of attendance, if greater
than a quorum, is present.

d) The order of business at Annual Meetings of members of the Association and, as
far as practical, at any other members' meetings, shall be:

i) Call to order and proof of notice of meeting or waiver of notice;

ii) Announcement of and certification of proxies;

iii) Reading and disposal of any unapproved minutes;

iv) Reports of Officers;

v) Reports of Committees;

vi) Election of Board Members;

vii) Unfinished business;

viii) New business; and

ix) Adjournment.
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4. BOARD OF DIRECTORS

a) The Board of Directors of the Association shall consist of seven (7) persons. At
least five (5) members of the Board of Directors shall be Unit Owners or employees of a
corporate, partnership or LLC member of the Association.

b) Election of Board Members shall be conducted in the following manner:

i) Nomination for election to the Board of Directors shall be made by a
Nominating Committee. Nominations may also be made from the floor at the annual
meeting. The Nominating Committee shall consist of a Chairman, who shall be a
member of the Board of Directors, and two or more members of the Association. The
Nominating Committee shall be appointed by the Board of Directors prior to each annual
meeting of the members, to serve from the close of such annual meeting until the close of
the next annual meeting and such appointment shall be announced at each annual
meeting. The Nominating Committee shall make as many nominations for election to the
Board of Directors as it shall in its discretion determine, but not less than the number of
vacancies that are to be filled.

ii) Members of the Board of Directors shall be elected by a plurality of the
votes at the Annual Meeting of the members of the Association. The term of office of
such Board Members shall be three (3) years, until their successors are duly elected and
qualified, or until removed in the manner elsewhere provided or as may be provided by
law.

iii) Vacancies in the Board of Directors may be filled until the date of the next
Annual Meeting by the remaining Board Members.

iv) In the election of Board Members, there shall be appurtenant to each Unit
a total vote equal to the number of Board Members to be elected multiplied by the Unit's
Allocated Interest in the Common Elements as set forth in Exhibit "B" of the Amended
and Restated Declaration; provided, however, that no member or Owner of one (1) Unit
may cast a vote greater than the Unit's Allocated Interest in the Common Elements for
any one person nominated as a Board Member, it being the intent hereof that voting for
Board Members shall be noncumulative.

c) The organizational meeting of each newly elected Board of Directors shall be held
within ten (10) days of their election, at such time and at such place as shall be fixed by the
Board Members at the meeting at which any of its members were elected, and no further notice
of the organizational meeting shall be necessary provided a quorum shall be present.

d) Regular meetings of the Board of Directors may be held at such time and place as
shall be determined from time to time by a majority of the Board Members. Notice of regular
meetings shall be given to each Board Member, personally or by mail, telephone, telegram or
facsimile transmission at least three (3) days prior to the day named for such meeting, unless
notice is waived.
4

e) Special meetings of the Board may be called by the President, and must be called
by the Secretary at the written request of one-third (1/3) of the votes of the Board of Directors.
Not less than three (3) days' notice of a meeting shall be given to each Board Member,
personally or by mail, telephone, telegram or facsimile transmission, which notice shall state the
time, place and purpose of the meeting.

f) Any Board Member may waive notice of a meeting before or after the meeting,
and such waiver shall be deemed equivalent to the giving of notice.

g) A quorum at a meeting of the Board Members shall consist of the presence in
person or by proxy at the beginning of the meeting of Board Members entitled to cast a majority
of the votes of the entire Board of Directors. The acts of the Board of Directors approved by a
majority of the votes cast at a meeting at which a quorum is present shall constitute the acts of
the Board of Directors, except as specifically otherwise provided in the Restated Articles of
Incorporation, these Restated Bylaws, or the Amended and Restated Declaration of
Condominium. If any Board Members' meeting cannot be organized because a quorum has not
attended, or because the greater percentage of the Board Members required to constitute a
quorum for particular purposes has not attended, wherever the latter percentage of attendance
may be required as set forth in the Restated Articles of Incorporation, these Restated Bylaws or
Amended and Restated Declaration, the Board Members who are present may adjourn the
meeting from time to time until a quorum, or the required percentage of attendance if greater
than a quorum, is present. At any adjourned meeting, any business that might have been
transacted at the meeting as originally called may be transacted without further notice. The
joinder of a Board Member in the action of a meeting by signing and concurring in the minutes
thereof shall constitute the presence of such Board Member for the purpose of determining a
quorum.

h) The presiding officer of Board Members' meetings shall be the Chairman of the
Board of Directors, if such an officer has been elected; and if none, then the President of the
Association shall preside. In the absence of the presiding officer, the Board Members present
shall designate one of their number to preside.

i) Board Members' fees, if any, shall be determined by the Board of Directors.

j) All of the powers and duties of the Association shall be exercised by the Board of
Directors, including those existing under the common law and statutes, the Restated Articles of
Incorporation of the Association, these Restated Bylaws and the Amended and Restated
Declaration. Such powers and duties shall be exercised in accordance with said Restated
Articles of Incorporation, these Restated Bylaws and the Amended and Restated Declaration, and
shall include, without limiting the generality of the foregoing, the following:

i) To make, levy and collect assessments against members and members'
Units to defray the costs of the Condominium, as provided in Article XXIV of the
Amended and Restated Declaration, which Article is herein incorporated by reference,
and to use the proceeds of said assessments in the exercise of the powers and duties
5

granted unto the Association; to foreclose the lien, and sell, under a power of sale and in
the manner prescribed by law for foreclosures with powers of sale, any Unit for which
assessments are not paid within thirty (30) days after due date or to bring an action at law
against the Unit Owner personally obligated to pay the same;

ii) To maintain, repair, replace, operate and manage the Common Elements,
including the Limited Common Elements, whenever the same is required to be done and
accomplished by the Association for the benefit of its members; and further to approve
any expenditure made or to be made for said purposes;

iii) To reconstruct any part of the Common Elements after casualty in
accordance with Article XXI of the Amended and Restated Declaration, and to make
further improvement to the Common Elements, real and personal, and to make and to
enter into any and all contracts necessary or desirable to accomplish said purposes;

iv) To make, amend and enforce regulations governing the use of the
Common Elements and Units so long as such regulations or amendments thereto do not
conflict with the restrictions and limitations which may be placed upon the use of such
property under the terms of the Restated Articles of Incorporation and Amended and
Restated Declaration;

v) To acquire, operate, lease, manage and otherwise trade and deal with
property, real and personal, including Units in the Condominium as may be necessary or
convenient in the operation and management of the Condominium, and in accomplishing
the purposes set forth in the Amended and Restated Declaration, provided that the
acquisition of real property other than Units shall require the approval of the Association;

vi) To acquire now or at any time hereafter, and to enter into leases and
agreements whereby the Association acquires leaseholds, memberships and other
possessory or use interests in lands or facilities including, but not limited to recreational
facilities, whether or not contiguous to the lands of the Condominium, to provide
enjoyment, recreation or other use or benefit to the Owners of Units;

vii) To contract for the professional management of the Condominium and to
designate to such manager all of the powers and duties of the Association, except those
which may be required by law or by the Amended and Restated Declaration to have
approval of the Board of Directors or membership of the Association. The contract for
such management shall contain term and termination provisions, including the right of
the Association to terminate the contract, with or without cause and without penalty,
upon ninety (90) days' advance notice;

viii) To enforce by legal means or proceedings the provisions of the Restated
Articles of Incorporation and Restated Bylaws of the Association, the Amended and
Restated Declaration and the Rules and Regulations hereinafter promulgated governing
use of the Common Elements in the Condominium;

6

ix) To pay all taxes and assessments which are or may become liens against
any part of the Condominium, other than Units, and to assess the same against the Unit
Owners and their respective Units subject to such liens;

x) To purchase insurance for the protection of the members and the
Association against casualty and liability in accordance with Articles XXIX and XX of
the Amended and Restated Declaration and to act as insurance trustees in the collection
and disbursement of insurance proceeds, as provided for in the Amended and Restated
Declaration;

xi) To pay all costs of power, water, sewer and other utility services rendered
to the Condominium and not billed separately to Owners of Units;

xii) To designate and remove personnel necessary for the maintenance, repair,
replacement and operation of the Condominium including the Common Elements;

xiii) To establish an adjudicatory panel to provide a hearing to determine if a
Unit Owner should be fined not to exceed One Hundred Fifty Dollars ($150.00) for each
violation of the Amended and Restated Declaration, these Restated Bylaws or the Rules
and Regulations of the Association. If allowed by law, such fine may be assessed on a
daily basis for a continuing violation. The adjudicatory panel shall accord to the Unit
Owner charged with the violation notice of the charge, an opportunity to be heard and to
present evidence, and notice of the panel's decision. Any fine established hereunder by
an adjudicatory panel shall be an assessment against the Unit Owner charged with the
violation and a lien against said Owner's Unit, subject to all the provisions and
enforcement of Article XXIV of the Amended and Restated Declaration;

xiv) To establish an adjudicatory panel to provide a hearing to determine if a
Unit Owner is responsible for damages to any Common Elements or whether the
Association is responsible for damages to a Unit, in cases where the claim for such
damages is Five Hundred Dollars ($500.00) or less. The adjudicatory panel shall accord
to the Unit Owner charged notice of the claim, an opportunity to be heard and to present
evidence and notice of the panel's decision. The panel may assess a per incident liability
not in excess of Five Hundred Dollars ($500.00). A liability assessed against a Unit
Owner shall be an assessment against said Unit Owner and a lien against his Unit, subject
to all provisions and enforcement of Article XXIV of the Amended and Restated
Declaration.

xv) To appoint an Architectural Control Committee to exercise the powers
described in Article XV of the Amended and Restated Declaration, and such other
committees as the Board of Directors, in its discretion, shall determine;

xvi) To suspend the voting rights and right to use of the recreational facilities
of a member during any period in which such member shall be in default in the payment
of any assessment levied by the Association. Such rights may also be suspended, after
notice of hearing, for a period not to exceed sixty (60) days for infraction of published
7

rules and regulations; but provided, however, that the right of a Unit Owner to ingress to
and egress from his/her/its Unit shall not be impaired;

xvii) To adopt and publish rules and regulations governing the rental of Units
including acceptable lease forms, and the conduct of tenants, including, in their
discretion, reasonable limitations on number of occupants in leased Units;

xviii) To declare the office of a member of the Board of Directors to be vacant
in the event such member shall be absent from three (3) consecutive regular meetings of
the Board of Directors;

xix) To employ attorneys, accountants or other professional personnel to
represent and assist the Association when deemed necessary;

xx) To borrow unsecured monies to meet necessary expenses of the
Association, but the aggregate indebtedness of the Association shall at no time exceed an
amount equal to the total quarterly assessment for all Units without an affirmative vote of
members owning in the aggregate not less than sixty-seven percent (67%), voting in
person or by proxy in a regular or special meeting of the members;

xxi) To bring, if authorized in writing, an action in summary ejectment on
behalf of any Unit Owner whose lessee is in violation of any of the Rules and
Regulations, the Amended and Restated Declaration or these Restated Bylaws; and

xxii) To exercise any other powers allowed by law, the Restated Articles of
Incorporation and the Amended and Restated Declaration as may be necessary and proper
for the governance and operation of the Association.

k) Any one or more of the members of the Board of Directors may be removed,
either with or without cause, at any time by a vote of members owning at least a majority of the
Allocated Interests in the Condominium present and entitled to vote at any meeting of Unit
Owners at which a quorum is present.

5. OFFICERS

a) The executive officers of the Association shall be a President, who shall be a
Board Member, a Vice-President, a Treasurer, a Secretary and an Assistant Secretary, all of
whom shall be elected annually by the Board of Directors and who may be pre-emptorily
removed by a majority vote of the Board Members at any Board meeting. Any person may hold
two or more offices, except that the President shall not also be Vice-President, Secretary or an
Assistant Secretary. The Board of Directors shall, from time to time, elect such other officers
and designate their powers and duties as the Board of Directors shall find to be required to
manage the affairs of the Association.

b) The President shall be the chief executive officer of the Association. The
President shall have all of the powers and duties which are usually vested in the office of the
8

president of any association, including, but not limited to, the power to appoint committees from
among the members from time to time, as he or she may, in his or her discretion, determine
appropriate to assist in the conduct of the affairs of the Association.

c) The Vice-President shall, in the absence or disability of the President, exercise the
powers and perform the duties of President. The Vice-President shall also generally assist the
President and exercise such other powers and perform such other duties as shall be prescribed by
the Board Members.

d) The Secretary shall keep the minutes of all proceedings of the Board meetings and
the members. The Secretary shall attend to the giving and serving of all notices to the members
and Board Members, and such other notices required by law. The Secretary shall have custody
of the seal of the Association and affix the same to instruments requiring a seal when duly
signed. The Secretary shall be responsible for the preparation, execution, certification and
recordation of any amendments to the Amended and Restated Declaration which the Association
is required or allowed to prepare and record. The Secretary shall keep the records of the
Association, except those of the Treasurer, and shall perform all other duties incident to the
office of secretary of an association and as may be required by the Board Members or the
President. The Assistant Secretary shall perform the duties of Secretary when the Secretary is
absent.

e) The Treasurer shall have custody of all of the property of the Association,
including funds, securities and evidences of indebtedness. The Treasurer shall (i) keep, or
supervise the keeping of, the assessment rolls and accounts of the members; (ii) keep the books
of the Association in accordance with good accounting practices; and (iii) perform all other
duties incident to the office of Treasurer.

f) The compensation of all officers and employees of the Association, if any, shall
be fixed by the Board Members. This provision shall not preclude the Board of Directors from
employing a Board Member as an employee of the Association, nor preclude the contracting
with a Board Member for the management of the Condominium.

g) All officers shall serve at the pleasure of the Board of Directors and any officer
may be removed from office at any time, with or without cause, by a majority vote of the Board
of Directors. Any officer may resign at any time by giving written notice to the Board of
Directors. Such resignation shall take effect on the date of receipt of such notice or on the date
specified therein; the acceptance of such resignation shall not be necessary for it to be effective.

6. FISCAL MANAGEMENT

The provisions for fiscal management of the Association set forth in the Amended and Restated
Declaration and Restated Articles of Incorporation shall be supplemented by the following
provisions:

a) The assessment roll shall be maintained in a set of accounting books in which
there shall be an account for each Unit. Such account shall designate the name and address of
9

the Unit Owner, the amount of each assessment against the Unit Owner, the dates and amounts in
which assessments come due, the amounts paid upon the account and the balance due upon
assessments.

b) The Board of Directors shall adopt a budget for each fiscal year which shall
contain estimates of the cost of performing the functions of the Association, including, but not
limited to the following:

i) Common Expense budget which, subject to the limitations in the
Amended and Restated Declaration, may include the estimated amounts necessary for
maintenance and operation of and capital improvements to the Common Elements
including landscaping, street and walkways, office expense, utility services, casualty
insurance, liability insurance, flood insurance, fidelity coverage, administration and
reserves (operating and Capital Improvement and Replacement), management fees and
costs of maintaining leaseholds, memberships and other possessory or use interests in
lands or facilities whether or not contiguous to the lands of the Condominium, to provide
enjoyment, recreation or other use or benefit to the Unit Owners; and

ii) Proposed assessments against each member and his, her or its Unit.

Within thirty (30) days after its adoption of a budget, the Board of Directors shall provide
a summary thereof to all members.

c) The depository of the Association shall be such bank or banks as shall be
designated from time to time by the Board Members and in which the monies of the Association
shall be deposited. Withdrawal of monies from such accounts shall be only by checks signed by
such persons as are authorized by the Board Members.

d) An audit of the accounts of the Association shall be made annually by an
independent accountant, and a copy of the report shall be made available (not later than one
hundred twenty (120) days after the end of the Association's fiscal year for which the report is
made) to each member or his or her authorized agent and any holder, insurer or guarantor of a
first mortgage secured by a Unit, upon such party's written request therefor.

e) Fidelity bonds shall be required by the Board of Directors from all officers and
employees of the Association who handle or are responsible for Association funds. The amount
of such bonds shall be determined as set forth in the Amended and Restated Declaration. The
premiums on such bonds shall be paid by the Association. The professional management agent
of the Association, if it handles Association funds, shall obtain its own fidelity insurance
coverage, which shall provide the same coverage required of the Association by law or by the
Amended and Restated Declaration.

7. PARLIAMENTARY RULES

Roberts Rules of Order (latest edition) shall govern the conduct of corporate proceedings when
not in conflict with the Restated Articles of Incorporation and these Restated Bylaws or with the
10

statutes of the State of North Carolina.

8. AMENDMENTS TO RESTATED BYLAWS

Amendments to these Restated Bylaws shall be proposed and adopted in the following manner:

a) Amendments to these Restated Bylaws may be proposed by the Board of
Directors of the Association acting upon a vote of the majority of the Board Members, or by
members of the Association owning a majority of the Allocated Interests in the Common
Elements of the Condominium, whether meeting as members or by instrument in writing signed
by them.

b) Upon any amendment to these Restated Bylaws being proposed by said Board of
Directors or members, such proposed amendment shall be transmitted to the President of the
Association, or other officer of the Association in the absence of the President, who shall
thereupon call a Special Joint Meeting of the members of the Board of Directors and the
membership for a date not sooner than twenty (20) days or later than fifty (50) days from receipt
by such Officer of the proposed amendment, and it shall be the duty of the Secretary to give to
each member written or printed notice of such meeting in the same form and in the same manner
as notice of the call of a Special Meeting of the members is required as herein set forth.

c) In order for such amendment to become effective, the same must be approved by
an affirmative vote of a majority of the entire membership of the Board of Directors and by an
affirmative vote of the members owning in the aggregate not less than sixty-seven percent (67%)
of the Allocated Interests in the Common Elements of the Condominium. Thereupon, such
amendment to these Restated Bylaws shall be transcribed and certified by the President and
Secretary of the Association.

d) Upon the approval of any amendment, the same shall become binding upon all
Unit Owners.

e) At any meeting held to consider any amendment to the Restated Bylaws, the
written vote of any member of the Association shall be recognized if such member is not in
attendance at such meeting or represented thereat by proxy, provided such written vote is
delivered to the Secretary of the Association at or prior to such meeting.

f) Notwithstanding the foregoing provisions of this Article 8, no material alteration,
amendment or modification of these Restated Bylaws shall be effective without the consent of
Institutional Lenders as required in Article XXIX of the Amended and Restated Declaration.

9. AVAILABILITY OF DOCUMENTS AND RECORDS

The Board of Directors shall cause to be maintained at the office of the Association a file
containing current copies of the Amended and Restated Declaration, the Restated Articles of
Incorporation, these Restated Bylaws, any Rules and Regulations applicable to the
Condominium, and other books, records and financial statements of the Association. Such file
11

and the documents and information contained therein shall be available for inspection, upon
request, during normal business hours, by all Unit Owners and their authorized agents, by
holders, insurers and guarantors of first mortgages secured by Units, and by prospective
purchasers of Units, all of whom may also, upon request and payment of a reasonable charge
determined by the Board of Directors, obtain copies thereof.

10. RULES AND REGULATIONS

The following Rules and Regulations shall apply to the Condominium, the Common Elements,
the Limited Common Elements and the Units. Unit Owners shall, at all times, obey said Rules
and Regulations and shall use their best efforts to see that they are faithfully observed by their
families, guests, invitees, servants, lessees and persons over whom they exercise control and
supervision.

a) The sidewalks, entrances, passages, stairways and all of Common Elements must
not be obstructed or encumbered or used for any purpose other than ingress and egress to and
from the premises; nor shall carriages, bicycles, motorbikes, mopeds, wagons, shopping carts,
chairs, benches, tables, or any other object of similar type and nature be stored therein.

b) The personal property of any Unit Owner shall be stored within his Unit and
within any storage space which is a Limited Common Element appurtenant to such Owner's
Unit.

c) No garbage cans, supplies or other articles shall be placed in any portion of the
Common Elements, nor shall any linens, clothing, curtains, rugs, mops or laundry of any kind, or
other articles, be shaken or hung on or from any balcony, terrace nor from any of the windows,
doors or exposed on any part of the Limited Common Elements or Common Elements. The
Common Elements shall be kept free and clear of rubbish, debris and other unsightly material.
The Association shall have the right to remove unauthorized materials from the Common
Elements without notice to any Unit Owner.

d) No Unit Owner shall allow anything whatsoever to fall from the windows of the
Unit, nor shall such Unit Owner sweep or throw any dirt or other substances from the Unit.

e) Refuse and bagged garbage shall be deposited only in the areas provided therefor.

f) Except as the Board of Directors may otherwise provide, no unlicensed vehicles
or vehicles with an expired state inspection sticker shall be allowed to park on the Common
Elements. No maintenance or repair work to any type of motor vehicles shall be conducted on
the Common Elements. Anything to the contrary notwithstanding, a moped or other motorized
bicycle may be kept on the Condominium property provided that it is not visible from the streets,
roads and parking areas of the Condominium.

g) Unit Owners, their guests, invitees and lessees shall be permitted to park
permitted motor vehicles only in designated parking spaces. Violations of sections (f) and (g) of
this paragraph 10 shall constitute a nuisance and, in addition to all other remedies available to it
12

at law and in equity, the Association shall have the right: (i) to assess fines against a Unit Owner
for violations by him, his family and guests, invitees and lessees of his Unit; and (ii) to remove
the offending vehicle from the Common Elements upon the commission of a second offense by a
Unit Owner, his family, guests, invitees and lessees. The cost of such removal and any storage
fees shall be the responsibility of the Unit Owner and the guest, invitee and lessee. The fines,
costs and fees described in this section shall be deemed to be assessments as set forth in Article
XXIV of the Amended and Restated Declaration and if not paid within thirty (30) days after
notice and demand therefor, the Association shall be entitled to the remedies set forth in the
Amended and Restated Declaration for the enforcement and collection of delinquent
assessments.

h) Employees of the Association or its professional managing agent shall not be sent
off the condominium premises by any Unit Owner at any time for any purpose. No Unit Owner
or resident shall direct, supervise or in any manner attempt to assert any control over the
employees of the Association or the managing agent.

i) No Unit Owner shall make or permit any disturbing noises by himself, his family,
servants, employees, agents, visitors and lessees, nor do or permit anything by such persons
which will interfere with the rights, comforts or convenience of the Unit Owners.

j) No Unit Owner shall cause any improvements or alterations to be made to the
exterior of the Condominium (including painting or other decoration, the installation of electrical
wiring, or any other objects or devices which may protrude through the walls or roof of the
Condominium) or in any manner alter the appearance of the exterior portion of any building
without the prior written permission of the Architectural Control Committee, as set out in Article
XV of the Amended and Restated Declaration. No Unit Owner shall cause any object to be fixed
to the Common Elements or to any Unit's terrace (including the location or construction of
fences or the planting or growing of flowers, trees, shrubs or other vegetation) or in any manner
change the appearance of the exterior of the Condominium without the prior written permission
of the Architectural Control Committee. The installation and location of satellite dishes and
radio and television antennae shall be subject to Rules and Regulations of the Association as set
forth from time to time.

k) No flammable, combustible or explosive fluid, chemical or substance shall be
kept or used in any Unit, Limited Common Elements or Common Elements except as are
required for normal household use.

l) No resident of the Condominium shall post any advertisements or posters of any
kind in or on the Common Elements except as authorized by the Association.

m) Subject to the following and such other Rules and Regulations as the Association
may promulgate from time to time, common household pets shall be permitted to be kept or
maintained in any Unit. Common household pets shall not be kept, bred or maintained for
commercial purposes. No structure for the care, housing or confinement of any pet shall be
constructed or maintained on any part of the Condominium property. Animals shall be permitted
on the Common Elements only if on a leash or under direct voice control of the owner and in
13

compliance with all laws and ordinances of the Town of Pine Knoll Shores and County of
Carteret relating thereto.

n) Open flame grills are not permitted on decks of the Condominium or within ten
(10) feet of the Condominium structure the fire and safety regulations of the Town of Pine Knoll
Shores and County of Carteret.

11. WASTE TREATMENT FACILITIES

Special Provisions Concerning Waste Treatment Facilities:

Notwithstanding any provisions contained herein to the contrary, the following special
conditions shall apply to the governance of the Condominiums for such time as the Association
owns and operates a private waste treatment facility in the Common Elements:

A. The Association shall, from its regular assessments, provide a contingency fund
for repair and reconstruction of the waste water collection, treatment and/or disposal system.

B. The said systems shall have the highest priority for maintenance, repair or
reconstruction from the funds of the Association, subject only to expenditures for federal, state
and local taxes and insurance.

C. Neither the Association, nor the Unit Owners, shall enter into a dissolution or
abandonment of the condominium regime without transfer of the said treatment facilities to a
person or entity acceptable to the appropriate agency of the State of North Carolina.

D. The Association shall not transfer, convey, assign or otherwise relinquish or
release its responsibilities for maintenance and operation of said facilities without the written
consent of the N. C. Environmental Management Commission or its successors.

12. ENFORCEMENT

The Association, or any Unit Owner, shall have the right to enforce by any proceeding at law or
in equity, the Rules and Regulations of the Association as set forth herein or as they may exist
from time to time. In addition, the Board of Directors shall have the right to assess reasonable
fines against a Unit Owner for violations of the Association's published Rules and Regulations
by such Unit Owner, his family, guests, invitees and lessees. Such fines shall be deemed to be
assessments as set forth in Article XXIV of the Amended and Restated Declaration and if not
paid within thirty (30) days after notice and demand therefor, the Association shall be entitled to
the remedies set forth in the Amended and Restated Declaration for the enforcement and
collection of delinquent assessments. Failure by the Association or by any Unit Owner to
enforce any rule or regulation shall in no event be deemed a waiver of the right to do so
thereafter. The Association shall have the right to request that law enforcement, public safety
and animal control officers come on to the Common Elements to facilitate the enforcement of the
laws, codes and ordinances of any governmental authority and the Rules and Regulations of the
Association.
14

12. COMPLIANCE

These Restated Bylaws are set forth to comply with the requirements of the Unit Ownership Act,
Chapter 47A of the General Statutes of the State of North Carolina. In the event that any of these
Restated Bylaws conflict with the provisions of said statute, it is hereby agreed and accepted that
the provisions of the statute will apply.

The foregoing were approved by sixty-seven percent (67%) of members present in person or by
proxy on March____, 2004, and were adopted as the Restated Bylaws of Genesis Condominium
-profit corporation under the laws of the State of North
Carolina.

_________________________________
President
APPROVED:

______________________________
Assistant Secretary

STATE OF NORTH CAROLINA

COUNTY OF CARTERET

I, ________________________________, a Notary Public, hereby certify that on this
____ day of March, 2004, personally appeared before me _______________________ and
____________________, each of whom being by me first duly sworn, declared that he or she
signed the foregoing document in the capacity indicated, that he or she was authorized so to sign,
and that the statements therein contained are true.

Notary Public

My commission expires:

15

ATTACHMENT H - AFFILIATIONS

Corrections:

Facility Contact Person:
Don O Contract ORC PO Box 4602
Emerald Isle, NC 28594
252-725-2129
[e-mail]

Operator Name:

Name: Don OMara
Role: ORC
Cert. Type: WW-3
Cert. Status: Active
Cert. #: 7904

Name: Stanley Buck
Role: ORC
Cert. Type: WW-3
Cert. Status: Active
Cert. #: 993396