WQ0038659_Regional Office Historical File Pre 2018

eurces
',ITAL. QUALITY
August 22, 2016
Kristen Ervin, Vice President
Bryton Owner's Association, Inc.
5950 Fairview Road, Suite 800
Charlotte, NC 28210
PAT ,MCCRORY
Govrrnnr
DONALD R. VAN DER VAART
Secretai ,
S. JAY ZIMM.ERMAN
Drreaot
Subject: Permit No. W QO038659
Bryton Owner's Association, Inc.
Bojangles -10321 Cane Creek Drive
Wastewater Collection System Extension Permit
Mecklenburg County
Dear Ms. Ervin:
In accordance with your application received August 5, 2016 and additional information received August
18, 2016, we are forwarding herewith Permit No. WQ0038659 dated August 22, 2016, to Bryton Owner's
Association, inc, (Permittee) for the construction and operation upon certification of the subject
wastewater collection system extension. This permit shall be effective from the date of issuance until
rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter shall
be considered a part of this permit and is therefore incorporated therein by reference.
Please pay particular attention to the following conditions contained within this permit:
Condition 11.1: This permit shall not be automatically transferable a request must be made and
approved.
Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained
in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system
permit issued to the Permittee.
It shall be the responsibility of the Permittee to ensure that the as -constructed project meets the
appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North
Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement
wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to
the licensing board,
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This
request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General
Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714, Unless such demands are made, this permit shall be final and binding.
State of Nc� C
Mooresville Re
1 Envitrsmuental Quality I Water Resources I Water Quality Regional Operations
Offke1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704 663 1699

Ifyou need additional information concerning this matter, please contact Barry Love atC7O4\235-J14J
or via e-mail at [e-mail].
bvVV.Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division pfWater Resources, NCDECl
cc: Barry K8.Fay, P\E.he-copv
Barbara Gross (e'com)
Tommy Rowland (e-u»py)
Regional Office Files
Water Resources Central Files
Page 2 of 8

Environmental
Quality
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
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
Bryton Owner's Association, Inc.
Mecklenburg County
for the construction and operation of -approximately 200 linear feet of 8-inch gravity sewer to serve a 40
seat restaurant, convenience store and carwash, as part of the Bojangles -10321 Cane Creek Drive project,
and the .discharge of 14,650 gallons per day of collected domestic wastewater into the Charlotte Water
existing sewerage system, pursuant to the application received August 5, 2016 and additional information
received August 18, 2016, in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design
Criteria adopted February 12, 1996, as applicable; the Division's Minimum Design Criteria for the Fast -
Track Permitting of Pump Stations and Force Mains adopted June 1, 2000, as applicable; and other
supporting data subsequently filed andapproved by the Department of Environmental Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified
conditions and limitations contained therein.
....74C0420-22-44#7-71:—
by W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Permit Number: WQ0038659
Permit Issued: August 22, 2016
Page 3 of 8

SUPPLEMENT TO PERMIT COVER SHEET
Bryton Ownees Association, Inc. is hereby authorized to:
Construct, and then: operate upon certification the aforementioned wastewater collection extension. The
sewage and wastewater collected bythis system shall be treated inthe Water and Sewer Authority, of
Cabarnus County Rocky River Wastewater Treatment Plant in accordance with Permit Number
N[0036I69.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
254 N[4[ 3T; the Division's, Gravity Sewer Minimum Design Criteria adopted February 13, 1996, as
applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and
Force Mains adopted June 1.2O{K3 asapplicable, unless sped0ca:|k/mentioned herein. Division approval
is based on acceptance of the certification provided by a North Carolina -licensed Professional Engineer in
the application. It shall be the Perrn|ttee'nresponsibility tm ensure that the as -constructed project meets
the appropriate des' nc,iteMaandru|es
Construction and operation is contingent upon compliance with the Standard Conditions and any Special
,Conditions identified below.
|. SPECIAL CONDITIONS
1. No flow in excess of the quantity permitted herein,14,650 GPDshall be made tributary to the subject
sewer system until an application for permit modification for an increase in flow has been submitted
to and approved by the Division, [15A NCAC 02T.0304(b)]
2. This permit shall become voidable unless the agreement between 8ry1on Owner's Association, Inc.
and Charlotte Water and Water and Sewer Authority of Cabarrus County for the collection and final
treatment of wastewater is in full force and effect. [15A NCAC 02T.0304(h))
11'STA0GDARD CONDITIONS
1. This permit isnot transferable, |nthe event there is adesire for the wastewater collection facilities
to change ownership, or there is a name change of the Pennittee, a formal permit request shall be
submitted to the Division accompanied by documentation from the, parties involved, and other
supporting materials aumay beappropriate, The approval of this request shall beconsidered onits
merits and may ormay not beapproved. [1SAN[ACO2T.O284;G.S143-Zl5.1(d3)]
2. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions ofthis permit; 15A NCA[ 2T the Division's Gravity Sewer K4ininnunl
Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum Design Criteria for
the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000,asapplicable; and
other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110)
3. This permit shall be effective only with respect to, the nature and volume of wastes described in the
application and other supporting data. (15A NCAC 02T.01101
4. The wastewater collection facilities shall be property maintained and operated at all times, The
Page 4 of 8

operation and maintenance of these facilities as required by 15A NCAC 2T .0403. if an individual
permit is not required, the following performance criteria shall be met: (15A NCAC 02T .0108(b)]:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge
to land or surface waters, and to prevent any contravention of groundwater standards or surface
water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365
days per year). Pump stations that are connected to a telemetry system shall be inspected at
least once per week.
e. High -priority sewer lines shall be inspected at least once per every six -months and inspections are
documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g•
Overflows and bypasses shall be reported to the appropriate Division regional office in accordance
with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina
General Statute §143-215.1C.
h. A Grease Control Program is in place as follows:
1. For public owned collection systems, the Grease Control Program shall include at least
>biannual distribution of educational materials for both commercial and residential users and
the legal means to require grease interceptors at existing establishments. The plan shall also
include legal means for inspections of the grease interceptors, enforcement for violators and
the legal means to control grease entering the system from other public and private satellite
sewer systems.
2. For privately owned collection systems, the Grease Control Program shall include at least bi-
annual distribution of grease education materials to users of the collection system by the
permittee or its representative.
3. Grease education materials shall be distributed more often than required in Parts (1) and (2)
of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three
years with exception of the map, which shall be maintained for the life of the system.
. 5. The Permittee shall report by telephone to a water resources staff member at the Mooresville
Regional Office, telephone number [phone], as soon as possible, but in no case more than 24,
following the occurrence or first knowledge of the occurrence of either of the following:
Page 5 of 8

a. Any process unit failure, due to known orunknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage orbreakage, etc.;or
b. Any SSO and/or spill over 1,0{KDgallons; or
c. Any SSOand/or spill, regardless Vfvolume, that reaches surface water
Voice mail messages or faxed information is permissible, but this shall not be considered as the initial
'verbal report. Overflows and spills occurring outside normal business hours may also be reported to
the Division ofEmergency Management attelephone number (80O)B58FO]68or(919)733~]3QQ.
Persons reporting any ofthe above occurrences shall file aspill report bvcompleting and submitting
Part | of Form CS-53O (or the most current Division approved form) within five days following first
knowledge ofthe occurrence. This report must outline the actions taken nrproposed tobetaken to
ensure that the problem does not recur. Part i|ofForm [3~SSO(or the most current Division approved
form) can also becompleted toshow that the 6GQwas beyond control. [G'5'l43'215.1C(al))
6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service bvthe existing utilities nor result inanoverflow orbypass discharge ofwastewater
tgthe surface waters ofthe State, [15AN[AC0ZTO10&(b)]
7' Upon completion of construction and prior to operation of these permitted facilities, the completed
Engineering Certification form attached to this permit shall be submitted with the required supporting
documents to the address provided on the form. A complete certification is one where the form is
fully executed and the supporting documents are provided axapplicable. Any wastewater flow made
tributary to the wastewater collection system extension prior to completion of this Engineer's
Certification shall be considered a violation of the permit and shall subject the perm\ttee to
appropriate enforcement actions.
Ufthe permit ioissued tom private entity with amOperational Agreement, then acopy of the Articles
nfincorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately
filed with the, applicable County's Register of Deeds office shall be submitted with the certification.
Acomp|ete certification isone where the form is fully executed and the supporting documents are
provided as applicable. Supporting documentation shall include the following.
a. One copy ofthe project construction record drawings (plan & profile views ofsewer lines & force
mains) ofthemmstewatercollection system extension' Final record drawings should be clear on
the plans orondigital media (CD or DVDdisk) and are defined asthe design drawings that are
marked up or annotated with after construction information and show required buffers,
separation distances, material changes, etc,
b. One copy of the supporting applicable deskrn calculations including pipe and pump sizing,
ve1ocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage,
surge protection, detention time in the wet well, and force main, ability to flush low points in
force mains with a pump cycle, and downstream sewer capacity analysis, if a portable power
source or pump lsdedicated tp multiple stations, anevaluation ofall the pump stations' storage
capacities and the rotation schedule of the portable power source or pump, include travel
tirnef,annes^shall beprovided.
Page 6 of 8

c. Changes to the project that do not result in non-compliance with this permit, regulations, or the
Minimum Design Criteria should be clearly identified on the record drawings, on the certification
in the space provided, or in written summary form.
Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in
non-compliance with this permit (including pipe length increases of 10% or greater, increased flow,
pump station design capacity design increases of 5% or greater, and increases in the,number/type of
connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to
the Minimum Design Criteria will be reviewed on a case -by -case basis and each on its own merit.
Please note that variances to the Minimum Design Criteria should be requested and approved during
the permitting process prior to construction. After -construction requests are discouraged by the
Division and may not be approved, thus requiring replacement or repair prior to certification &
activation. [15A NCAC 02T .0116]
8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's
Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until
corrected. If there is an unforeseen obstacle in the field where all viable solutions have been
examined, a slope variance can be requested from the Division with firm supporting documentation.
This shall be done through a permit modification with fee. Such variance requests will be evaluated
on a case -by -case basis. Resolution of such request shall be evident prior to completing and submitting
the construction certification. [ 15A NCAC 02T.0105(n)]
9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of
the wastewater collection facilities. [15A NCAC 02T .0116]
10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's
Gravity Sewer Design Criteria adopted February 12, 1996, as applicable; the Division's Minimum
Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000,
as applicable; and other supporting materials may subject the Permittee to an enforcement action by
the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C,
construction of additional or replacement wastewater collection facilities, and/or referral of the North
Carolina -licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T
.0108(b-c)1
11. In the event that the wastewater collection 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 facilities.
[15A NCAC 02T .0110; 15A NCAC 02T .0108(b)]
12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or
Local government agencies which have jurisdiction or obtaining other permits which may be
required by the Division or any other Federal, State, of Local government agencies. [G.S. 143-
215.1(b)]
Page 7 of 8

FAST TRACK SEWER ENGINEERING CERTIFICATION
PERMITTEE:
PERMIT #:
PROJECT:
ISSUE DATE:
Bryton Owner's Association, Inc.
WQ0038659
Bojangles -1©321 Cane Creek Drive
August 22, 2016
This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of
this permit until the Division has received this Certification and all required supporting documentation. It
should be submitted in a manner that documents the Division's receipt. Send the required documentation
the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom.
Any wastewater flow made tributary to the wastewater collection system extension prior to completion
of this Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up
until a final certification is received. A Final Certification shall be a complete set of record drawings and
design calculations regardless of whether partials have been submitted.
PERMITTEE'S CERTIFICATION
I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant
to the applicable standards & requirements, the Professional Engineer below has provided applicable
design/construction information to the Permittee, and the Permittee is prepared to operate & maintain
the wastewater collection system permitted herein or portions thereof.
Printed Name, Title
Signature Date
ENGINEER'S CERTIFICATION
I, , as a duly registered Professional En ineer in the State of North Carolina,
having been authorized to observe (11 periodically, [1 weekly, full time) the construction of the
project name and location as referenced above for the above Permittee hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the
Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12,
1996, as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations
and Force Mains adopted June 1, 2000, as applicable; and other supporting materials.
North Carolina Professional Engineer's Seal w/signature & date:
(1 Final D Partia
clude description)
Certification Cornlments/Qualifiers (attach if nece
State of North Carolina I Environmental Quality i Water Resources ( Water Quality Regional Operations
Mooresville Regional Othcej 610 East Center Avenue, Suite 301 { Mooresville, North Carotins 28115
704 663 '1699

August 3, 2016
Department of Environmental Quality — Division of Water Resources
Mooresville Regional Office — Water Quality Section
Attn: Barry Love
610 E. Center Avenue
Mooresville, North Carolina 28115
Telephone No: [phone]
RE: Sewer System Extension Application (New)
Bojangles —1©321 Cane Creek Drive, Huntersville, NC
AMERICAN
Engineering
To Whom It May Concern:
Bojangles' Restaurants, Inc. (Bojangles) intends to construct a new fast food restaurant within the Town
of Huntersville located at 10321 Cane Creek Drive, The Bojangles parcel is part of an overall
development know as Bryton Town Center, The overall development has an existing legal entity, Bryton
Owners Association, Inc. that owns and operates the overall common areas. A Covenants and
Restrictions document is currently on record for the overall development. A copy of the Covenants and
the association By Laws have been included with this submittal. The development of the proposed
Bojanlges and three (3) adjacent parcels will require the extension of a private sewer main from an
existing manhole owned by Charlotte Water. The new gravity sewer main and manholes will be
installed by Bojangles and owned by the overall association.
In anticipation of this submittal the Association and Bojangles have contacted Michael Leggettt with
DEQto clarify items require for submittal and final release of the project as pertaining to the language
provided within the Declarations and By Laws,
Included with this cover letter are the following items:
No.
Copies
2
8/3/16
8/3/16
8/3/16
8
6
8/3/16
8/3/16
Description
Docurnentat
USGS and Vicinity Maps
Articles of Incorporation — Bryton Owners Association
Easement with Covenants and Restrictions Affecting Land (HOA Doc)
Charlotte Water Flow Acce tance
Flow Tracking/Acceptance (FTSE 10-07)
8/3/16 Plans and Specifications.
The $480 application fee will be delivered under a separate cover for this application.
If you have any questions or comments regarding this request, please feel free to contact .me.
ully,
Ba
Prin
American Engineering Associates — Southeast, PA
American Engineering Assoc' to -- Southeast, PA • North Carolina Engineering License C-3881
8008 Corporate Center Drive, Suite 1.I9, Charlotte, NC 28226 •704-375-2438 • www.Aan-EA.com

AMERICAN
Engineering
American Engineering Associates -Southeast, PA,
8008 Corporate Center Drive, Suite 110
Charlotte, NC 28226
Transmittal Letter
Office: 704,3752438
www,american-ea.com
To: Date: Aug
Department of Environmental Quality — Division of Water
Resources
Mooresville Regional Office — Water Quality Section
Attn: Barry Love
610 E. Center Avenue
Mooresville, North Carolina 28115
Telephone No: [phone]
From:
American Engineering
Barry M. Fay, PE
8008 Corporate Center Dr, #110
Charlotte, NC 28226
704-375-2438 ext. 29
Subject:
Sewer System Extension Application (New)
Bojangles — 10321 Cane Creek Drive, Huntersville, NC
.1•14 I.( WO* WM MN* IWO 0.4 ...31
7, 2016
RECENEDIN C DE NRIDAIR
/NJ I A LEIN
WOROS
MOOREVLLE 'REGIONAL OFRCE
We are sending you:
Attached 0 Under Separate Cover Via the Following Items:
O Shop Drawings Plans El Specifications 0 Change Order
0 Prints EJ Samples 0 Copy of Letter 0 Reports
0 Othev
Date
Action*
• Approved
0 Approved As Noted
Ii For Approval
El Other:
Rev,
Description
Revised FTA 04-16
0 Correct and Resubmit 0 Resubmit Copies
0 File El Return Copy/Copies
0 As Requested 0 Review and Comment
Mailing Method:
O U.S. Postal Service Courier/Hand Oeijvery D FedEx Priority Overnight 0 FedEx 2-Day Delivery
0 CertifiediRegistered Mail
O Other:
0 United Parcel Service (UPS) 0 FedEx Standard Overnight 0 FedEx Economy
Comments: This application will rejace the previously submitted o

Division of Water Resources
State of North. Carolina
Department of Environmental Quality
Division of Water Resources
15A NCAC 02T ..0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
FTA 04-16 & SUPPORTING DOCUMENTATION
Application Nu. ber:
All items must he cornmrleted or the aplicatton
APPLICANT INFORMATION:
1. Applicant's name: 13ryton Owner's Associations Inc. (c°oml any, municipality, HOA, utility, etc.)
2 Applicant type: Individual Corporation 0 General Partnership Privately -Owned Public Uti
Municipal Other
3. Signature authority's name: Kristen Ervin _Vice President per° 1.5A NCACO2T .0106(b)
Title:
4. Applicant's mailing address; 5950 Fai v) av E rad, Suite 800
City: Charlotte State: NC Zip: 282I O-„
. Applicant's contact information:
Phone number: [phone] Email Address: kervin rt aaeu a,c n
deral El State/Count.,
iI. PROJECT INFORMATION:
1. Project name: Bojangles 1.0321 Cane Creek Drive
2, Application/Project status: ® Proposed (New Pernai.
If a modification, provide the existing permit number: WQOO
be cornpletec
be returned
MOORES /I i E i3CF:'t,loNA ..o `r'tt::1w°
© Existing Permit/Project
and issued date:
If new construction but part °Ca master plan, provide the existing permit number: WQ00
3, County where project is Located: Mecklenburg
4, Approximate Coordinates (Decimal Degrees): Latitude: 35.3771004' Longitude:-80.831Q
5. Parcel iD (if applicable): 01913183
(or Parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION:
1. Professional Engineer:: Barry M. Fay License Number: 3046
Firm: C-3881
Mailing address: 8008 Corporate Center Drive,5uite l 1.0
City: Charlotte State: NC Zip: 28226-
Phone number: [phone] Email Address:: bfay(al.american-ea.com
iV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
1, Facility Name; Rocky River Wastewater Treatment Plant Permit Number: ;NC0036269'
Owner Name: Water and Sewer Authority of Cabarrus County
V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different than WWTF):
I. Permit Nurnber(s): WQ Downstream (Receiving) Sewer Size: 8" inch
System Wide Collection System Permit Number(s) (if applicable): WQCS_
Owner Name(s): Charlotte Water
FORM: FTA 04-16 Page I of 5

GENERAL REQUIREMENTS
1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached?
❑ Yes ENo ®N/A
2. if the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FORM: DEV) been attached?
® Yes ❑No ❑N/A
3. If the Applicant is a Home/Property Owners' Association. has an Operational Agreement (FORM: HOA) been attached?
❑ Yes ❑No ®N/A
4. Origin of wastewater: (check all that apply):
❑ Residential Owned
❑ Residential Leased
[] School / preschool / day care
® Food and drink facilities
E Businesses / offices / factories
❑ Retail (stores, centers, malls)
❑ Retail with food preparation/service
❑ Medical / dental / veterinary facilities
❑ Church
❑ Nursing Home
❑ Car Wash
❑ Hotel and/or Motels
❑ Swimming Pool /Clubhouse
❑ Swimming Pool/Filter Backwash
❑ Other (Explain in Attachment)
5. Nature of wastewater : 100 % Domestic/Commercial % Commercial
% Industrial (See 15A NCAC 02T .0103(20))
�Is there a Pretreatment Program in effect? ❑ Yes 0 No
6. Has a flow reduction been approved under 15A NCAC 02T .01 14(f)? ❑ Yes ❑ No
D If yes, provide a copy of flow reduction approval letter
7. Summarize wastewater generated by project:
Establishment Type (see 02T.0114(0)
Daily Design Flow A'b
No. of Units
Flow
Restaurant
40 gal/seat
166
6,640 GPD
Convenience Store
60 gal/100 sf
46
2,760 GPD
Car Wash
5250 gallcar wash
1
5,250 GPD
gal/
GPD
gal/
GPD
gal/
GPD
Total
14,650 GPD
a See 15A NCAC 02T .01 I4(b), (d), (e)(1) and (e)(2) for caveats to wastewater des'gn flow rates (i.e., minimum flow per
dwelling; proposed unknown non-residential development uses; public access facilities located near high public use
areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals
as defined in G.S. 42A-4).
b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table I5A NCAC 02T.01 14] shall
be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8, Wastewater generated by project: 14,650 GPD (per 15A NCAC 02T .0114)
➢ Do not include future flows or previously permitted allocations
If permitted flow is zero, indicate why:
0 Pump Station or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line
❑ Flow has already been allocated in Permit Number:
❑ Rehabilitation or replacement of existing sewer with no new flow expected
0 Other (Explain):
FORM: FTA 04-16
Page 2 of 5

II. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305 & MDC (Gravity Sewers):
1. Summarize gravity sewer to be permitted:
Size (inches)
Length (feet)
Material
8
200
PVC
T. Section II & III of the MDC for Permitting of Gravity Sewers contains information related to design criteria
T. Section III contains information related to minimum slopes for gravity sewer(s)
> Oversizing lines to meet minimum slope requirement is not allowed and a violation of the MDC
VIII. PUMP STATION DESIGN CRITERIA (If Applicable) — 02T .0305 & MDC (Pump Stations/Force Mains):
COMPLETE FOR EACH PUMP STATION INCLUDED IN THIS PROJECT
1. Pump station number or name:
2. Approximate Coordinates (Decimal Degrees): Latitude: Longitude: - 0
3. Design flow of the pump station: millions gallons per day (firm capacity)
4. Operational point(s) of the pump(s): gallons per minute at
5. Summarize the force main to be permitted (for this Pump Station):
feet total dynamic head (TDI-I)
Size (inches)
Length (feet)
Material
6. Power reliability in accordance with I5A NCAC 02T ,0305(h)(1):
❑ Standby power source or pump with automatic activation and telemetry - I5A NCAC 02T .0305(h)(1)(B)_
• Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day
> Must be permanent to facility
Or if the pump station has an average daily flow less than 15,000 gallons per day:
❑ Portable power source with manual activation, quick -connection receptacle and telemetry - 15A NCAC 02T
.0305(h)(1)(C)
or
❑ Portable pumping unit with plugged emergency pump connection and telemetry - 15A NCAC 02T .0305(h)(1)(C);
➢ It shall be demonstrated to the Division that the portable source is owned or contracted by the applicant (draft agreement)
and is compatible with the station.
• If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations'
storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be
provided in the case of a multiple station power outage.
FORM: FTA 04-16 Page 3 of 5

SETBACKS & SEPARATIONS — (02B .0200 & 15A NCAC 02T .0305(0):
1, Does the project comply with all separations found in 15A NCAC 02T .0305(f) & (g)
> 15A NCAC 02T.0305(fl contains minimum separations that shall be provided for sewer systems:
®Yes ❑No
Setback Parameter*
Sparation Required
24 inches
Storm sewers and other utilities not listed below (vertical)
Water mains (vertical -water over sewer including in benched trenches)
18 inches
Water mains (horizontal)
10 feet
Reclaimed water lines (vertical - reclaimed over sewer),
18 inches
Reclaimed water lines (horizontal - reclaimed over sewer)
2 feet
**Any private or public water supply source, including any wells, WS-I waters of Class 1 or
Class II impounded reservoirs used as a source of drinking water
100 feet
**Waters classified WS (except WS-1 or WS-V), B, SA, ORW, HQW, or SB from normal
high water (or tide elevation) and wetlands (see item IX.2)
50 feet
**Any other stream, lake, impoundment, or ground water lowering and surface drainage
ditches
10 feet
Any building foundation
5 feet
Any basement
10 feet
Top slope of embankment or cuts of 2 feet or more vertical height
• 10 feet
Drainage systems and interceptor drains
5 feet
Any swimming pools
10 feet
Final earth grade (vertical)
36 inches
➢ 1 5A NCAC 02T.0305(g) contains alternatives where separations in 02T.0305(f) cannot be achieved.
➢ **Stream classifications can be identified using the Division's NC Surface Water Classifications webpage
> If noncompliance with 02T.0305(f) or (g), see Section X of this application
2. Does the project comply with separation requirements for wetlands? (50 feet of separation) ® Yes ❑ No
> See the Division's draft separation requirements for situations where separation cannot be meet
➢ No variance is required if the alternative design criteria specified is utilized in design and construction
> As built documents should reference the location of areas effected
3. Does the project comply with all setbacks found in the river basin rules per 15A NCAC 02B .0200? ® Yes ❑ No
➢ This would include Trout Buffered Streams per 15A NCAC 28.0202
4. Does the project comply with an individual 404 Permit or any 401 Certifications? ❑ Yes ® No
> Wetland -related permits shall be requested, obtained, and adhered to for projects that impact wetlands or surface waters
➢ Information can be obtained from the 401 & Buffer Permitting Branch
5. Does project comply with 15A NCAC 02T.0105(c)(6) (additional permits/certifications)? ® Yes ❑ No
Per I5A NCAC 02T.0105(c)(6), directly related environmental permits or certification applications are being prepared, have
been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and
sedimentation control plans, stormwater management plans, etc,).
6. Does this project include any sewer collection lines that are deemed "high -priority?"
Per 15A NCAC 02T,0402, "high -priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer
positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer.
El Yes ®No
➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location).
High priority lines shall be inspected by the permittee or its representative at least once every six -months and
inspections documented per 15A NCAC 02T.0403(a)(5) or the permitee's individual System -Wide Collection permit.
FORM: FTA 04-16 Page 4 of 5

CERTIFICATIONS:
1, Does the submitted system comply with 15A NCAC 02T, 02T, the ivfirlfnum. Des n Criteria for the Permittap of PumpStas
and Force Mains (latest version, and the Gravity! Sewer Minimum Design Criteria (latest version
Yes El No
If No, complete and submit the Variance/Alternative Design. Request application (VADC 10-14) and supporting documents
for review. Approval of the request is required pr kr to submittal of the Fast Track Application and supporting
documents.
Profess
al Engineer's Certification:
n frc,4ra Application Item IT
applicable?
hat this araolication fo
has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, s°pecigcations,
engineering calculations, and all other supporting documentation to the best of my knowledge, 1 further attest that to the best
of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer
Minimum .Design Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track
Permitting of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain
portions of this submittal package, inclusion of these materials under nay signature and seal signifies that 1 have reviewed this
material and have judged it to be consistent with the proposed design.
NOTE, — In accordance with General Statutes 143-215,6A and 143-215:6B, any person who know
statement, representation, or certification in any application package shall be guilty of a Class
include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation.
North Carolina Professional Engineer's seal, signature, and date:
Applicant"s Certification per 1 5A NCAC 02T .0106(b):
e Authority's
:'rota Application
.tikes any false
rncanor, which may
ppliication for
has been reviewed by me and is accurate and complete to the best of nay knowledge. 1 understand that if all rerluir ed parts of
this application are not completed and that if all required supporting, documentation and attachments are not included, this
app'hccation package is subject to being returned as incomplete. 1 understand that any discharge of wastewater from this non -
discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties,
injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a
condition of this permit be violated, l also understand that if all required parts of this application package are not completed
and that if all required supporting information and attachments are not included, this application package will be returned to
me as incomplete.
NOTE — In accordance with General Statutes 143-215,6A and 143-215,6B, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violations
Signature:
Date:
FORM: F l'A 04-16 Page 5 of 5

4 AMERICAN
Engineering
Bojangles — 10321 Cane Creek Drive
Location Map:
American Engineering Associates --Southeast, PA.
P.O. Box 78404
Charlotte, NC 29271
OFFICE 7041.619.56,88
ww:w.Aft tligallzM4Rm

,_als/ _.
liOn421141 % ww SS§1

,i,c1\ AMERICAN
Engineering
American Engineering Associates -Southeast, PA.
P,p, Box 78404
Charlotte, NC 29271
OFFICF: 7O4.619.5688
Bojangles — 10321 Cane Creek Drive
USGS Quad Map
RANA RQ
SAM ROPER —DR t.`

CHARLOTTE
W
TER
NR/r)w,
July 18, 2016
ONAL faFFCE
Mr. Barry Fay
American Engineering Associates — SE, PA
8008 Corporate Center Dr
Suite 110
Charlotte, NC 28226
SUBJECT: WATER AND SEWER FLOW ACCEPTANCE
BOJANGLES — CANE CREEK DRIVE
10321 CANE CREEK DRIVE, HUNTERSVILLE NC
CLTWATER TRACKING # 2016547
In response to your request, a flow acceptance study of the subject site has been completed and the
following has been determined:
Charlotte Water (CLTWater) agrees to accept the gravity sewage flow of 14, 650 gallons per day (166
restaurant seats x 40 gpd/seat; 4600 ft2 convenience store x 60 gpd/100 ft2; Car Wash using 5,250 gpd)
from this project for transmission to the Rocky River Wastewater Treatment Plant; NPDES permit number
NC0036269, located in Cabarrus County, for treatment. This acceptance of flow is based on the existing
capacity of the designated publicly owned treatments works. Please see the attached FTSE forms.
CLTWater agrees to furnish water to the subject project, The water quality to the subject project is
regulated by the State Drinking Water Act Amendments of 1986 and The Water Supply Management
Plan, PWS ID # 0160010 on file with the Public Water Supply Section of NCDENR. However, CLTWater
cannot guarantee a constant pressure or quality of flow.
CLTWater does not expect any of the above conditions to preclude water or sewer service to the subject
site. However, the applicant should understand that due to the involvement of other agencies and
continuing growth of the water and sewer system, the ability to provide service for future projects cannot
be guaranteed nor reserved. Connection to the CLTWater and sewer system is accepted on a first come,
first served basis.
The applicant should understand that this letter is not authorization to construct private water or sewer
systems, as the appropriate local or State permits are required prior to construction. If the appropriate
authorization to construct permits are not obtained and construction has not started within one (1) year of
issuance of this flow acceptance, and payment for an ser nice connections has not been received within
one 1 ear of issuance of this flow acce tance this flow ecce fence a rout shal/foe rescinded and
you have any questions, please do not hesitate to contact
Sincerely,
Barbara Gross
Engineering Assistant
Charlotte Water 5100 Brookshire 'Blvd, Charlotte, NC 28216 charlcttewaterorg
Opened by the City of Charlotte

WASTEWATER FLOW ACCEPTANCE FORM
FOR THE
WATER AND SEWER AUTHORITY OF CABARRUS COUNTY
Jurisdiction Requesting Flow Acceptance: Date: 5/23/2016
❑ City of Concord ['City of Kannapolis ❑Town of Harrisburg ['Town of Mt. Pleasant
®Charlotte Water
Project Title; Description, and Number of Lots/Unit:
ProjectTitie: Boianeles Cane Creek Drive —Project #2016547
Description: The Bojaneles Cane Creek Drive engineering plans and specifications, as prepared and sealed by Barry M
Fay NCPE, with American Engineering Associates Southeast, PA. for the wastewater collection system extension
consisting of approximately 202.50 linear feet of 8-inch sanitary sewer with 2 manholes and other appurtenances to serve
Boianales Cane Creek Drive located off/on of Cane Creek Drive in Huntersville NC. with a wastewater discharge of
14,650 GPD.
*Number of Lots: . OR *Number of Units: 166 restaurant seats x 40 spd/seat; 4600 sf convenience
store x 60 epd/100 sf; 5250 grid car wash *Must be included in request.
Where will the new line be connected:
❑ Directly into a WSACC Interceptor
• Into the Jurisdiction's existing collection system
❑ Into a private line
Describe the location of the tie-in line to which the new sewer line will connect: The proposed 8-inch sanitary_ sewer
extension will tie-in to the existing 8-inch sanitary sewer system, which extends to the 36-inch WSACC Clarke Creek
Outfall
Which WSACC Interceptor will the flow ultimately be discharged into: 36-inch WSACC Clarke Creek Outfall
What is the WSACC manhole number that the flow will be discharged into? +1- Node 011719
What is the quantity of flow that will be discharged? 14,650 GPD
Flow type:
❑ Domestic % ® Commercial 100 % ❑ Industrial
Name of wastewater treatment facility (WWTF) receiving wastewater:
® Rocky River Wastewater Treatment Facility — Permit #NC0036269
❑ Muddy Creek Wastewater Treatment Facility — Permit #NC0081621
Design drawings of new lines will be submitted to WSACC with the request for acceptance. Drawings can be submitted
as a digital file (DWG) or distance and bearing starting with the tap on existing infrastructure.
If the new line is to connect directly into a WSACC interceptor, detailed drawings including specification of the tap, will
be required before flow acceptance will be provided.
Mark Lomax at 704-786-1783, ext. 231, must be notified 48 hours in advance of a connection into a WSACC interceptor.
WSACC will inspect connection before, during, and after completion.
If construction is not started within two (2) year from the date of approval of the flow acceptance for this project, the
approval is rescinded and a second request and approval will be required for the project.
WSACC USE ONLY: DATE:
❑ Current sewer model shows an Interceptor as being surcharged south of the manhole in question.
❑ Approved • ❑ Not Approved
❑ Current Sewer Model shows:

00F W A 7'FRp
G
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Flow Tracking/Acceptance for Sewer Extension Permit Applications
(FTSE—10/07)
(JURISDICTION USE ONLY)
Jurisdiction Requesting Flow Acceptance for Collection System:
['City of Concord ['City of Kannapolis ❑Town of Harrisburg ['Town of Mt. Pleasant
®Charlotte Water
Project Title, Description, and Number of Lots/Unit:
Project Title: Bolangles Cane Creek Drive, CLTWater Tracking# 2016547
Description: The Bolangles Cane Creek Drive engineering plans and specifications, as prepared and sealed by Barry M Fav,.
NCPE, with American Engineering Associates Southeast, PA, for the wastewater collection system extension consisting of
approximately 202.50 linear feet of 8-inch sanitary sewer with 2 manholes and other appurtenances to serve Bojangles Cane
Creek Drive located off/on of Cane Creek Drive in Huntersvil le NC, with a wastewater discharge of 14,650 GPD.
What is the quantity of flow that will be discharged? 14,650 GPD
Flow type:
❑ Domestic oo ® Commercial 100 % El Industrial %
Section I - List the Jurisdiction's pump stations located between the project connection point and the WSACC
Interceptor connection point.
Pump Ste lion
(Name or Number)
Finn Capacity "
MGD
(A)
Design Average Daily Flow "
(Fitm/pf)
MGD
(B)
Approx. Current
Average Daily Flow
MGD
(C)
Obligated, Not Yet
Tributary Daily Flow
MGD
(D) = (B+C)
Total Current Flow
Plus Obligated Flow
MGD
((AD)
Available
Capacity"'
MGD
" The Firm Capacity of any pump station is defined as the maximum pumped flow that can be achieved with the largest pump taken out of service.
"Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor not less than 2.5.
h " A Planning Assessment Addendum shall be attached for each pump station located between the project connection point and the WWTP where Available Capacity is <0,
Section II. Jurisdiction's Certification Statement:
I, Carl W I3ik , certify that, to the best of my knowledge, the addition of the volume of wastewater to be permitted in this
project has been evaluated along the route to the receiving WSACC interceptor; and the flow from this project is not
anticipated to cause any capacity related sanitary sewer overflows or overburden on any downstream pump station in route to
the receiving WSACC interceptor normal circumstances, given the implementation of the planned improvements identified in
the planning assessment where applicable. This analysis has been performed in accordance with local established policies and
procedures using the b t available data. This certification applies to those items listed above in Section I plus all attached
planning assessment s t dendums for which, to the best of my knowledge, will not adversely affect the downstream sewer
capacity. Signat ;t. ' this fol�tn indicates acceptance of this wastewater flow.
01414
Jurisdiction's ' ning Official Signature Date
Revision Date: 08/09/13

SACC
I tvt Julyt5, 2016
Ms. Barbara Gross
Engineering Assistant
Charlotte Water
700 North Tryon Street
Charlotte, NC 28202
WQROS
C7RRSV L (LR REGIONAL OFFICE
Subject: Flow Acceptance Request
Sanitary Sewer to Serve Bojangles Cane Creek Drive
Charlotte Water Tracking Number 2016547
Dear Ms. Gross:
WATER & SEWER AUTHORITY
DF CABARRUS COUNTY
Office; 232 Davidson Hwy
Concord, NC 8w72'
Maif to PO Pox 428
Lion on NC 28022r t 428
i,04 78 ,?783i 7047951564Fax
!imw'ix,wr.,acC„orig
This is an approval of the flow acceptance request that was received by the Water and Sewer
Authority of Cabarrus County (WSACC) from Charlotte Water on June 15, 2016,
WSACC has or will have capacity at the Rocky River Regional Wastewater Treatment Plant and
appropriate sewer interceptors to transport and treat the commercial wastewater from the
proposed Bojangles Cane Creek Drive project. This project will include providing sewer service
to a restaurant, a convenience store, and a car wash, for 14,650 gallons per day (gpd) total
wastewaterflow accepted for this project, The wastewater generated by this project will be
conveyed through the proposed and existing 8-inch gravity system, and then enter WSACC's
system at the existing 36.inch Clarke Creek interceptor.
Please note that if construction of this project is not started within two (2) years of the date of
this approval, the approval is rescinded and a second request and approval will be required,
Please notify WSACC in writing when construction of this project is initiated,
If you have any questions, please call me at [phone], extension 224.
cc:
Carl Wilson, .PE/CMU
Michael Wilson
Mark Lomax
Chad VonCannor , PE
Thomas Hahn, PE
Sincerely,
Engineering Director

Date: 5/23t2016
Must be included in request..
WASTEWATER FLOW ACCEPTANCE
FOR THE
WATER AND SEWER AUTHORITY OF CABARRfi S NTY
Jurisdiction. Requesting Flow Acceptanc
©City of Concord DCity of Kannapolis EjTown of Harrisburg. Drown of Mt Pleasant
Charlotte Water
Project Title, Description, and Number of Lots/Unit:
Project Titk: Solitudes . Cane Creek Drive-P iect #?6i654"
Description
fay, NCPE..
14,6 9 G:PP,
Assoctates. Southeast. PA, far the, wastewater collection SY
e
*Number of Lots: OR *Number of Units: J66 restaurant seats x 40 gp¢/;s
shire x 60 g€ed/iO0,st;
here will the new
Directly into a WSACC Interceptor
Into the Jurisdiction's existing collection system
Into a private line
of the tie-in line to which the new sewer line will conn
fewer sy '►ern. which extends
The Prgposed 8-inch sanitary se wct
the 36-inch WSACC Ciadkc. Cr*
Which WSACC Interceptor will the flow ultimately be discharged Into: 36-inch "lit+'SACC..clerkc creek Outtftll
What is the WSACC manhole number that the flow will be discharged into? +l- Node011719
What is the quantity of flow that will be discharged? 14.650 GPD
Flow type:
[} Domestic — Commer
astewater treatment facility (WWI'P) receiving wastewater:
River Wastewater Treatment Facility Permit #NCD036269
Creek Wastewater Treatment Facility Permit #iNC008I621
Design drawings of new lines will be submitted to WSACC with the request for acceptance. Drawings can be submitted
as a digital file (DWG) or distance and bearing starting with the tap on existing infrastructure.
If the new line is to connect directly into a WSACC interceptor, detailed drawings including specification of the tap, will
be required before flow acceptance will be provided.
Mark Lomax at 704-786-1783, ext. 231, must be notified 48 hours in advance of a connection into a WSACC interceptor,.
WSACC will inspect connection before, during, and after completion.
!f construction is not started within two (2) year from the date of approval of the' flaw acceptance for this project, the
approval is rescinded and a second requiem and approval will be required for the project.
Li Industrial
WSACC USE ONLY:
Current sewer model shows
Approved
Current Sewer Model shows:
^a1., o.PL
d south of the manhotc in question.
Not Approved
FkfASt�tsaf_._�
1.4. 0On rutN � .,

Division of Witter Resources
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Flow Tracking/Acceptance for Sewer Extension Permit Applications
(FrsE 01/14)
(WSACC USE ONLY) Bojangles Cane Creek Drive (Charlotte Water Tracking
#2016547)
Section 1. Name of wastewater treatment facility (WWTF) receiving wastewater:
Rocky River Wastewater Treatment Facility Permit #NC0036269
El Muddy Creek Wastewater Treatment Facility Permit ilis1C00131621
WWTP facility's permitted flow, MGD
Estimated obligated flow not yet tributary to the WWTP, MGD
WWTP facility's actual avg. dailyflow, MGD
Total flow for this specific request, MGD
Total actual and obligated flows to the facility, MGD
Percent of permitted flow used
41
1/4 6Ifr/44 .
26,500
1:796
16.88 .03.70°4 of permit)
0.015
— _
18.691
70 53%
Section 11. Pump stations along the route from the Jurisdiction's connection point to the WWTP.
(A) (El)
Pump Station Den ,a Amage Datly Now " Approa Current
(Name or Numbcr MGD (Ftrralpf) Average Dotty Flow
MGD MG
4 SOO
(C)
Islcg: Yet
Tributary Daily Flow
hIGD
.645
(D) flf+C)
Total Current Flow
Pius Obligated Flow
MGD
The Firm Capacity army pump slatian as defined as the a:mail/um panaix.d new tb* can be achieved with the la rreSA pump taken Jtarserwlee
••Des.ijja Average Daily Flow is the Arm rapacity of the pump statics di 'witleti byk peaking facint not less than 2,5
"•'A Planning Assessment Adttroulono shall be attached for each pump station located between the project corinectio until and the W
vti
(E)*r{A-D)
Awrotabk
cvxijr.•,
MGD
3,445
WSACC Certification Statement:
I, Tiin R. K'certfy that, to the best (army knowledge, the addition of the v tewater to be
permitted in this project has been evaluated along the route from the connection to the interceptor to the receiving
wastewater treatment facility; and the flow from this project is not anticipated to cause any capacity related sanitary sewer
overflows or overburden on any downstream pump station in route to the receiving treatment plant under norinal
circumstances, given the implementation of the planned improvements identified in the planning assessment where
applicable. This analysis has been perforrned in accordance with local established policies and procedures using the best
available data. This certification applies to those items listed above in Section land Section 11 plus all attached planning
assessment • dclend forhich, 4he ofmy knowledge, will not adversely affect the downstream sewer capacity.
Signature oftwastewater flow,
WSACC"s Signing OfficPtd Signature
Revision Date, 0&/09/13

C291427300596
State of North Carolina
Department of the Secretary of State
ARTICLES OF INCORPORATION
NONPROFIT CORPORATION
SOSID: 1404574
Date Filed: 10/3/2014 10:44:00AM
Elaine E Marshall
North Carolina Secretary of State
C2014 273.00596
Pursuant to §55A-2-02 of the General Statutes of North Carolina, the undersigned corporation does hereby submit these Articles of
Incorporation for the purpose of forming a nonprofit corporation.
l . The name of the nonprofit corporation is: Bryton Owner's Association, Inc.
2. (Check only if applicable.) The corporation is a charitable or religious corporation as defined in NCGS
§55A-1-40(4).
3. The name of the initial registered agent is: Paul L. Herndon,
4. The street address and county of the initial registered agent's office of the corporation is:
Number and Street: 5950 Fairview Road,Suite 800, Charlotte, NC 28210
City: Charlotte State: NC Zip Code: 28210 County: Mecklenburg
The mailing address f different front the street address of the initial registered agent's office is:
Number and Street or PO Box:
City: State: NC Zip Code: County:
5, The name and address of each incorporator is as follows:
Shannon P. O'Donnell, 5950 Fairview Road', Suite.800, Charlotte, NC 28210
6. (Check either a or b below.)
a.XX The corporation will have members.
b. The corporation will not have members.
7. Attached are provisions regarding the distribution of the corporation's assets upon its dissolution.
8. Any other provisions which the corporation elects to include are attached.
CORPORATIONS DIVISION
Revised September, 2013 • Form N-01
P. O. BOX 29622 RALEIGH, NC 27626-0622

C201427300596
9. The street address and county of the principal office of the corporation is:
Principal Office Telephone Number: 704-295-4000
Number and Street: 5950 Fairview Road, Suite 800
City: Charlotte State: NC Zip code: 28210 County; Mecklenburg
The mailing address if different from the street address of the principal office is:
Number and Street or PO Box:
City: State: Zip Code: County:
10. (Optional): Please provide a business e-mail address
The Secretary of State's Office will e-mail the business automaticaIIy at the address provided at no charge .
when a document is filed. The e-mail provided will not be viewable on the website. For more information
on why this service is being offered, please see the instructions for this document.
Privacy Redaction
11. These articles will be effective upon filing, unless a future time and/or date is specified:
This is the l[i day of tC/ r f.(k1,2014.
Bryton Owner's Association, Inc.
Incorporator Business Entity Name
Signature oflncorporator
Shannon P. O'Donnell, Incorporator
Type or print Incorporator's name and title, if any
NOTES:
1. Filing fee is $60. This document must be filed with the Secretary of State.
CORPORATIONS DIVISION
Revised September, 2013
P. O. BOX 29622 RALEIGH, NC 27626-0622
Form N-01

C201427300596
Bryton Owner's Association, Inc.
Articles of Incorporation
Attachment
Section 8. Upon dissolution, all liabilities and obligations of the corporation shall be
paid and discharged, or adequate provisions be made therefor, and that the remainder of the
corporation's assets be distributed as follows:
(1) Assets held by the corporation upon condition requiring return, transfer, or
conveyance, which condition occurs by reason of the dissolution, shall be returned,
- transferred, or conveyed in accordance with such requirements;
(2) Any other remaining assets, if any, of the corporation shall be distributed as
provided in the plan of dissolution adopted and approved according to the Nonprofit
Corporations Act,

BYLAWS
OF
BRYTON OWNER'S ASSOCIATION INC.
ARTICLE 1
IDENTITY AND LOCATION
These are the Bylaws of Bryton Owner's Association Inc., a North Carolina nonprofit corporation
(the "Association"), organized pursuant to the North Carolina Nonprofit Corporation Act, as set forth in
Chapter 55A of the North Carolina General Statutes (as amended from time to time, the "Nonprofit
Corporation Act"). The initial principal office of the Association shall be located at c/o AAC, 5950
Fairview Road, Suite 800, Charlotte, North Carolina 28210 or at such other place as the Executive Board
may determine or as the affairs of the Association may require from time to time.
ARTICLE 2
DEFINITIONS
Capitalized terms used but not otherwise defined herein shall have the meaning ascribed thereto
in the Master Declaration of Covenants, Conditions and Restrictions for Bryton recorded in Book 29552
at Page 44-76 in the Mecklenburg County, North Carolina Public Registry (as the same may be amended
from time to time, the "Declaration").
ARTICLE 3
APPLICABILITY
The provisions of these Bylaws are applicable to Bryton development and its operations,
occupancy, ownership, maintenance and use, to all present and future Owners and their employees,
tenants, guests and invitees and to any other person or persons who may use the Bryton Corporate Center
or its facilities in any manner. The acceptance of a deed to all or any portion of the Bryton development,
the entering into of a lease of all or any portion of the Bryton development or the occupancy or use of all
or any portion of the Bryton development shall constitute (i) acceptance and ratification of these Bylaws
and the Declaration and (ii) an agreement to be bound by and comply with the provisions of these Bylaws
and the Declaration.
ARTICLE 4
MEMBERS OF ASSOCIATION
Section 4.1 Membership. Every person or entity who or which is or at any time becomes the
Owner of a Lot shall, automatically upon becoming the Owner of a Lot, become a Member of the
Association and shall remain a Member until such person or entity ceases to be an Owner. Membership
in the Association shall be appurtenant to and may not be separated from Lot ownership. The foregoing
is not intended to include persons or entities who hold an interest in a Lot merely as security for the
performance of an obligation. Each Member, except as otherwise provided in the Declaration and these
Bylaws, shall be subject to and comply with all of the provisions of the Articles of Incorporation, these
Bylaws and the Declaration.
Section 4.2 Transfer. An Owner shall not transfer, pledge or alienate in any way its
membership in the Association, except upon the sale of the Lot to which the membership is appurtenant,
and then only to the purchaser of such Lot. Any attempt to make a prohibited transfer is void and shall
CHAR21791060_ 1
1

not be reflected upon the books and records of the Association. If an Owner fails or refuses to transfer the
membership registered in its name to the purchaser of the Lot to which the membership is appurtenant,
the Association shall record the transfer upon the books of the Association and issue a new certificate to
the purchaser and thereafter, the prior certificate outstanding in the name of the seller shall be null and
void as though the same had been surrendered.
ARTICLE 5
MEETINGS AND VOTING
Section 5,1 Place of Meetings. Meetings of the Association shall be held at a suitable
location at Bryton development, or such other suitable place convenient to the Members as may be
designated by the Executive Board; provided. however, that all meetings shall be held in Mecklenburg
County, North Carolina.
Section 5.2 Annual Meetings. The Members shall meet at least once each year. At each
annual meeting, the Members shall elect the members of the Executive Board (the "Directors") and may
transact any other business properly coming before them.
Section 5.3 Special Meetings. After the first annual meeting of the Members, special
meetings of the Members may be called at any time by the President of the Association, by a majority
vote of the Executive Board, or upon written request to the Secretary of the Association by Members
entitled to at least fifty percent (50%) of the votes of the membership describing the purpose or purposes
for which the special meeting is to be held. Business to be acted upon at any special meeting shall be
confined to the subjects stated in the notice of such meeting.
Section 5.4 Notice of Meetings. Notice of all meetings of the Members, stating the time and
place and accompanied by a complete agenda, shall be given by the President or Secretary of the
Association to each Member. The notice shall be in writing, and shall be hand delivered or sent by
United States mail to each Member at its respective address and to any other address the Member may
have designated in writing to the Secretary of the Association not less than ten (10) days in advance of the
meeting. If applicable, the notice also shall state the general nature of any proposed amendment to the
Declaration, these Bylaws or the Articles of Incorporation, any budget changes and any proposal to
remove a Director, officer or manager.
Section 5.5 Vo___ ting. Each Member shall be entitled to one (1) vote for each one (I) acre of land
contained with said Member's Lot (excluding public road rights -of -way) owned in the Bryton development.
If a Lot contains a fraction of an acre, the Member shall be entitled to one (1) additional vote in the event that
the fractional acre exceeds one-half (0.50) acre. The number of votes to which each Lot is entitled shall be
certified by the Secretary. When more than one person or entity holds an interest in a Lot, all such persons
or entities shall possess only one membership, shall be considered only one Member and shall be entitled
to cast the vote(s) for such Lot as they among themselves determine, but in no event shall the vote or
votes with respect to any jointly owned Lot be split or cast separately. Unless the Association has received
written notice to the contrary, any member or officer, owner or employee of any member voting at a meeting
shall be presumed to have authority to cast all votes for that Member's Lot.
Section 5.6 Effect of Voting. The votes of Members representing sixty-five percent (65%) of
the total number of votes at any special or annual meeting at which a quorum is present shall decide any
question brought before any such special or annual meeting unless the question is one upon which, by
express provision of statute, the Articles of Incorporation, the Declaration or these Bylaws, a different
vote is required, in which case such express provisions shall govern and control such vote.
Notwithstanding the foregoing, a vote of Members representing at least eighty percent (80%) of the total

number of votes shall be required for the use of funds of the Association (including any reserve) for the
cost of any litigation instituted by the Association or any Owner that makes a claim for or alleges
damages in excess of $50,000.00, other than to enforce any Owner's obligation to pay assessments due
with respect to its Lot.
Section 5.7 Disqualification. Notwithstanding anything to the contrary contained herein, no
Member shall be entitled or eligible to vote during any period in which, such Member is in default under
the terms and provisions of the Declaration.
Section 5.8 Quorum. Unless otherwise provided by statute, the Articles of Incorporation, the
Declaration or these Bylaws, the presence, in person or by proxy, of Members representing a majority of
the total number of votes shall constitute a quorum for the transaction of business at all meetings of the
Members. If at any meeting of the Association a quorum is not present, a majority of the Members
present and entitled to vote, either in person or by proxy, may, unless otherwise provided by law, adjourn
the meeting from time to time until a quorum is obtained.
Section 5.9 Withdrawal of Quorum. The Members present at a duly organized meeting may
continue to transact business until adjournment, notwithstanding the withdrawal of enough Members to
leave less than a quorum.
Section 5.10 Proxies. Each Member may vote either in person or by an agent duly authorized
by a written proxy executed by the Member. A proxy is not valid after the earlier of (i) the term stated
therein or (ii) the expiration of one (1) year after the date of its execution. In order to be effective, all
proxies must be filed with the Secretary of the Association either during or prior to the meeting in
question. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member
of its Lot: A Member may not revoke a proxy given pursuant to this Section except by written notice of
revocation delivered to the person presiding over a meeting of the Association.
Section 5.11 Consent of Absentees. The transaction of business at any annual or special
meeting of the Members shall be as valid as though such business had been conducted at a meeting duly
held after regular call and notice thereof with a quorum present if either before or after such meeting each
Member not present at the meeting signs a written waiver of notice or a consent to the holding of such
meeting or an approval of the minutes thereof. All such waivers, consents and approvals shall be filed
with the records of the Association or made a part of the minutes of the meeting.
Section 5.12 Adjourned Meetings and Notice Thereof. Any annual or special membership
meeting, whether or not a quorum is present, may be adjourned from time to time by the vote of a
majority of the Members present in person or by proxy, but in the absence of a quorum, no other business
may be transacted at any such meeting. When any annual or special membership meeting is adjourned for
thirty (30) days or more, notice of the time and place of the adjourned meeting shaII be given as in the
case of an original meeting. Except as aforesaid, it shall not be necessary to give any notice of an
adjournment or of the business to be transacted at an adjourned meeting, other than by announcement
thereof at the meeting from which such adjournment is taken.
Section 5.13 Action Without Meeting. Any action required by law to be taken at a meeting of
the Members, or any action that may be taken at a meeting of the Members, may be taken without a
meeting if a written consent, setting forth the action so taken, is signed by all of the Members with respect
to the subject matter thereof.
Section 5.14 Liability of Members. No Member shall be personally liable for any debts,
liabilities and/or obligations of the Association.

Section 5.15 Cumulative Voting. There shall be cumulative voting for the Executive Board,
ARTICLE 6
EXECUTIVE BOARD
Section 6.1 Initial Executive Board. The initial Directors shall be the three (3) persons
named in the Articles of Incorporation and each initial Director shall hold his or her office until a
replacement Executive Board is elected in accordance with these Bylaws.
Section 6.2 Number of Directors, The Executive Board shall consist of three (3) Directors. It
is not necessary for any Director to also be an Owner.
Section 6,3 Election of Directors. At the first annual meeting of the Members, and at each
subsequent annual meeting, the Members shall elect the Directors by a majority of the votes cast, subject,
however, to the Members' right to cumulate their votes for Directors.
Section 6.4 Term. The term of each Director shall be for one (1) year, so that the entire
Executive Board shall be voted on at each annual meeting.
Section 6.5 Powers. The affairs of the Association shall be managed and administered by the
Executive Board and all of the powers and duties of the Association shall be exercised by the Executive
Board, including, but not limited to, all those powers and duties existing under common law and statutes,
the Articles of Incorporation, these Bylaws, the Declaration and all of the other instruments and bodies of
law that govern the use of Bryton development; and, without limiting or impairing the generality of the
foregoing powers and duties, said powers and duties shall include, but shall not be limited to, the
following:
(a) To pay all costs of power, heat, sewer and all other utility services provided to
the Arco Drive Common Areas in accordance with the Declaration.
(b) To purchase or cause to be purchased insurance for the protection of Bryton
development, the Association and all Owners against casualty, public Iiability and such other
risks as are set forth in the Declaration or as may be deemed reasonably necessary by the
Executive Board.
{c) To purchase all supplies -and materials necessary or proper for the daily
management, operation and maintenance of Bryton development.
(d) Subject to the provisions of the Declaration, to make arrangements for cleaning,
painting, maintenance, repairs, reconstruction and replacement of and to all or any portion of the
Arco Drive Common Areas that may be deemed reasonably necessary by the Executive Board.
All costs incurred in performance of any such work by the Association must be reasonable and
may not exceed the cost of such work determined on an arm's-length basis (whether or not such
work is performed by a person or entity that is affiliated with the manager or an Owner).
(e) Subject to the provisions of the Declaration, to perform any service that any
Owner is obligated to perform under the terms of the Declaration but fails to so perform.
(f) If the Executive Board so elects, to have an annual audit undertaken by an
independent certified public accountant of the accounts and operating statements of the

Association, the Executive Board, the officers of the Association, the manager (if any) and the
Association's staff.
(g) To contract for and incur legal and accounting services and fees for the
Association, the Executive Board, the officers of the Association, the manager (if any) and the
Association's staff, provided that said services and fees are incurred solely in connection with (i)
the management, operation and maintenance of Bryton development, (ii) the performance or
enforcement (including the collection of Assessments) of the provisions of the Declaration, the
Articles of Incorporation or these Bylaws, (iii) a protest or litigation to contest local real estate
taxes levied against Bryton development as a whole (not individual Lots) or any of the Arco
Drive Common Areas, (iv) litigation arising out of the condemnation of all or any portion of the
Arco Drive Common Areas or (v) the contesting of any newly enacted or proposed or initially
applied ordinance, law or restriction deemed by the Executive Board to be both adverse to Bryton
development and unlawful.
(h) To obtain suitable fidelity bond or bonds naming the Association's Executive
Board, officers, Members, manager (if any), staff and such other Person or Persons as may be
designated by the Executive Board to be principals of the Association (as trustee) as the obligee.
The amount of such fidelity bonds shall be determined by the Executive Board.
(i) To pay all taxes and assessments that are liens against any portion of Bryton
development, other than taxes and assessments that are individuaIIy assessed against or are liens
on individual Lots, and to assess, levy and collect Assessments against the Owners to defray such
taxes and assessments as provided in the Declaration.
(j) To take whatever actions are deemed appropriate to avoid the acquisition of
prescriptive easements or the acquisition of other prescriptive rights by the public or private
parties. In addition, the Executive Board may take such steps as are considered necessary to
prevent the Arco Drive Common Areas or any portions thereof from being deemed to be public
spaces or public malls where free speech or First Amendment claims may be asserted.
(k) To contract for such other services for the Owners' use, enjoyment and
protection of Bryton development as the Executive Board may determine from time to time are
reasonable, proper or desirable, including, but not limited to, valet and garage parking, security
guards and security facilities.
(I) To estimate, make, budget, charge, assess and collect all Annual Assessments,
Special Assessments and other assessments in accordance with the Declaration.
(m) To use any and all sums received or collected from the Assessments in the
exercise of its powers and duties,
(n) To establish and publish reasonable Rules and Regulations in connection with the
use, occupancy and maintenance of Bryton development, and to reasonably alter, amend or
modify such Rules and Regulations from time to time; provided that such Rules and Regulations
shall be enforced uniformly against all Owners.
(o) To enforce by equitable and legal means any or all of the provisions of these
Bylaws and the Declaration.

(p) To contract for services of a manager and to delegate to such manager all powers
and duties of the Association, except such duties as are specifically required by the Declaration to
be exercised or discharged by the Executive Board, officers of the Association or Members.
(q) To employ and compensate personnel to perform services required for the proper
management and administration of the Association.
(r) To delegate its powers according to these Bylaws and the Declaration and as
otherwise authorized by law.
(s) To select the officers, agents or employees of the Association, to remove them at
will, either with or without cause, to prescribe for them duties consistent with the Articles of
Incorporation, these Bylaws and the Declaration and to fix their compensation, if any.
(t) To borrow money and to incur indebtedness for the benefit of the Association
and to cause to be executed and delivered therefor, in the Association's name, promissory notes
to evidence such debt.
(u) To designate, from time to time, the person or persons authorized to sign or
endorse checks, drafts or other orders for the payment of money issued in the name of or payable
to the Association.
(v) To impose charges for late payment of assessments and, after notice and an
opportunity to be heard, levy reasonable fines for violations of the Declaration, these Bylaws or
the Rules and Regulations in accordance with the Act.
(w) To generally exercise such powers and duties as are permitted by the Act and as
are usually vested in directors of corporations or authorized by the Nonprofit Corporation Act.
Notwithstanding the foregoing, the Executive Board shall exercise the foregoing powers and rights in
accordance with and subject to the terms, provisions, limitations and restrictions of the Declaration.
Section 6.6 Vacancies. Any vacancy in the Executive Board arising by death or resignation
of a Director shall be filled by act of the remaining Directors, whether or not constituting a quorum, and a
Director so elected shall serve for the unexpired term of his or her predecessor in office.
Section 6.7 Removal of Directors. Any Director may be removed, with or without cause, by
a vote of the Members entitled to cast at least sixty-five percent (65%) of the votes of the Members
present (in person or by proxy) at any meeting of the Owners at which a quorum is present, and a
successor may then be elected by the Members to serve for the balance of the removed Director's term;
provided, however, that a Director may not be removed if the number of votes against removal would be
sufficient to elect the Director by cumulative voting.
Section 6.8 Compensation. No compensation shall be paid to Directors for their services as
Directors and no remuneration shall be paid to a Director for services performed by him or her for the
Association in any other capacity unless a resolution authorizing such remuneration is unanimously
adopted by the Executive Board, excluding the Director to be so compensated, before the services are
undertaken. The provisions of this Section shall not apply to any Affiliate of a Director (including,
without limitation, the manager), it being intended that this Section cover only compensation to Directors.

Section 6.9 Liability of Directors. The Directors shall not be liable to the Members for any
tort, mistake of judgment, negligence or otherwise, except in the event of willful misconduct or bad faith.
Each Member agrees to indemnify the Directors for such expenses and liabilities, in such manner, under
such circumstances and to such extent as permitted by the Nonprofit Corporation Act. Every contract or
agreement made by the Executive Board or manager shall be executed in such a manner as to clearly
demonstrate that the Directors and/or manager, as the case may be, are acting only as agents for the
Association and neither the Executive Board nor any Director nor the manager shall have any personal
liability thereunder. Any liability of any Member arising out of any such contract or agreement made by
the Executive Board or manager, or arising out of the indemnity in favor of any or all of the Directors,
shall be limited to that Member's share of the Arco Drive Common Areas maintenance costs. The
Association shall purchase liability insurance for each Director covering the Director's personal Iiability
for its acts and omissions occurring while acting in the capacity of a Director, the cost of which shall be
paid by the Association as part of the Arco Drive Common Areas maintenance costs.
Section 6.10 Fidelity Bonds. The Executive Board may require that all officers and
employees of the Association handling or responsible for any or all funds received or collected by the
Association furnish adequate fidelity bonds. The premiums on said bonds shall be paid by the
Association as Arco Drive Common Areas maintenance costs.
ARTICLE 7
EXECUTIVE BOARD MEETINGS
Section 7.1 Place of Meetings. All meetings of the Executive Board shall be held at the
principal office of the Association or at any other place within Mecklenburg County, North Carolina
designated by resolution of the Executive Board or by unanimous written consent of the Members.
Section 7.2 Regular Meetings. Regular meetings of the Executive Board may be held at such
time and place as shall be determined by a majority of the Directors. Notice of regular meetings shall be
given to each Director, personally or by mail, telephone or other appropriate means at least seventy-two
(72) hours prior to the meeting.
Section 7.3 Special Meetings. Special meetings of the Executive Board may be called by the
President or Secretary of the Association and held within ten (10) days after a written request therefor
signed by a Director is delivered to any other Director or the President or Secretary of the Association.
Not less than seventy-two (72) hours' notice of such special meeting shall be given personally or by mail,
telephone or other appropriate means to each Director; provided that in the event the President of the
Association or any Director determines that an emergency exists, a special meeting may be called by
giving such notice as is possible under the circumstances. All notices of a special meeting shall state the
time, place and purpose thereof. No business shall be transacted at a special meeting except that which is
stated in the notice thereof.
Section 7.4 Waiver of Notice. The transaction of business at any meeting of the Executive
Board shall be as valid as though such business had been conducted at a meeting duly held after regular
call and notice thereof with a quorum present if either before or after such meeting each of the Directors
not present executes a written waiver of a notice or a consent to the holding of such meeting or an
approval of the minutes thereof. All such waivers, consents and approvals shall be filed with the
corporate records of the Association or made a part of the minutes of the meeting. Attendance by a
Director at any meeting of the Executive Board shall be a waiver of notice by him of the time and place
thereof. If all of the Directors are present at any meeting of the Executive Board, no notice shall be
required and any business may be transacted at such meeting.

Section 7.5 Quorum. A majority of the Executive Board shall constitute a quorum for the
transaction of business at any meeting of the Executive Board. If a quorum is not present, the meeting
shall be adjourned from time to time until a quorum is present. The signing by a Director of the minutes
of a meeting shall be conclusive proof of his or her attendance at that meeting for the purpose of
determining a quorum.
Section 7.6 Manner of Acting. Each Director shall be entitled to one (1) vote. The act of a
majority of the Directors present at a meeting shall constitute the act of the Executive Board unless the act
of a greater number is required by the provisions of applicable Iaw, the Declaration or these Bylaws.
Section 7.7 Executive Board Action Without Meeting. Any action that may be taken at a
meeting of the Executive Board may be taken without a meeting if such action is authorized in a writing,
setting forth the action taken, signed by all Directors.
ARTICLE 8
OFFICERS
Section 8.1 Enumeration. The officers of the Association shall be a President, Vice
President,.Secretary and Treasurer, and such other officers, if any, as are elected by the Executive Board.
Any two (2) or more offices, except those of President and Secretary, may be held by the same person.
Section 8.2 Election and Tenure. Except with respect to the officers elected by the initial
Executive Board hereof, the officers of the Association shall be elected annually by the Executive Board
at the annual meeting of the Executive Board, provided that new offices may be created and filled at any
meeting of the Executive Board. Each officer shall hold office until a successor is elected.
Section 8.3 Removal and Resignation. Any officer elected or appointed by the Executive
Board may be removed by a majority of the Directors whenever, in the Directors' judgment, the best
interests of the Association would be served thereby, but such removal shall be without prejudice to the
contract rights, if any, of the officer so removed. Any officer may resign at any time by giving written
notice to the Executive Board or to the President or Secretary of the Association. Any such resignation
shall take effect on the date of receipt of such notice or at any later date specified therein, and unless
otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
Section 8.4 Vacancies. A vacancy in any office because of death, resignation, removal,
disqualification or otherwise may be filled by the Executive Board for the unexpired term of the officer
replaced.
Section 8.5 President. The President shall be the principal executive officer of the
Association and shall, subject to the control of the Executive Board, supervise, direct and control all of
the business and affairs of the Association and the officers thereof. The President must also be a Director.
The President shall preside at all meetings of the Members and of the Executive Board. The President
may sign any deeds, contract, agreements or other instruments which the Executive Board has authorized
to be executed, except in such case where the signing and execution thereof is expressly delegated by the
Executive Board, these Bylaws, the Declaration or statute to some other officer or agent of the
Association, and shall have all the general powers and perform all of the duties usually vested in the
office of president of a corporation, including all the powers and duties as may, from time to time, be
prescribed by the Executive Board or these Bylaws.
Section 8.6 Vice President. In the absence of the President or in the event of the President's
inability or refusal to act, the Vice President shall perform the duties of the President, and when so acting,

shall have all the powers of and be subject to all of the restrictions upon the President. The Vice
President shall have such other powers and perform such other duties as, from time to time, may be
assigned to him by the President or Executive Board.
Section 8.7 Secretary.
(a) The Secretary shall keep the minutes of alI meetings of the Executive Board and
the minutes of all meetings of the Association in one or more books provided for that purpose,
and shall have charge of the corporate seal of the Association, if any. The Secretary shall have
charge of such books and papers as the Executive Board may direct; and shall, in general,
perform all the duties incident to the office of the Secretary and such other duties as may be
required by the provisions of these Bylaws, the Declaration or as from time to time may be
assigned by the President or Executive Board, including, but not limited to, the filing and
issuance of any notice, document, certificate or other instrument described in the Declaration or
these Bylaws.
(b) The Secretary shall compile and keep up to date at the principal office of the
Association a complete list of Members and their last known addresses as shown on the records
of the Association. Such list shall be open to inspection by Members, Mortgagees and other
persons lawfully entitled to inspect the same at reasonable times during regular business hours.
The Secretary shall cause all notices to be duly given to the Members and Directors in accordance
with the provisions of these Bylaws.
(c) The Secretary shall compile and keep up to date at the principal office of the
Association a complete list of mortgagees for each Lot that have notified the Association in
writing of their identity and address.
Section 8.8 Treasurer. The Treasurer shall receive and deposit in appropriate bank accounts
all money of the Association and shall disburse the same as directed by resolution of the Executive Board;
provided, however, that a resolution of the Executive Board shall not be necessary for disbursements
made in the ordinary course of business conducted within the limits of a budget adopted by the Executive
Board. The Treasurer shall have the authority to sign all checks and promissory notes of the Association;
keep proper books of account; cause an annual statement of the Association's books to be made at the
completion of each fiscal year; prepare an annual budget and a statement of income expenditures to be
presented to the Membership at its annual meeting and deliver a copy of each to the Members; and
perform all other duties assigned by the Executive Board. If required by the Executive Board, the
Treasurer shall give a bond for the faithful discharge of his or her duties in such sum and with such surety
as the Executive Board shall determine.
Section 8.9 Assistant Treasurers and Assistant Secretaries. If required by the Executive
Board, the Assistant Treasurer, if any, shall give a bond for the faithful discharge of his or her duties in
such sum and with such surety as the Executive Board shall determine. The Assistant Treasurer and
Assistant Secretary, if any, shall, in general, perform such duties as are assigned to them by the Treasurer,
Secretary, President or Executive Board.
Section 8.10 Compensation. No compensation shall be paid to officers for their services as
officers of the Association and no remuneration shall be paid to an officer for services performed by him
or her for the Association in any other capacity unless a resolution authorizing such remuneration is
unanimously adopted by the Executive Board before the services are undertaken. The provisions of this
Section do not apply to any contract with any Affiliates of any officer of the Association (including,

without limitation, the Manager), it being intended that this Section cover only compensation to officers
of the Association.
ARTICLE 9
BOOKS, RECORDS AND FUNDS
Section 9.1 Place of Keeping. The books, records and papers of the Association shall be kept
at the principal place of business of the Association and shall at all times during reasonable business
hours be available for inspection by any Member or such Member's attorney or accountant.
Section 9.2 Annual Reports. The Executive Board shall cause annual independent audits to
be made and copies thereof delivered to the Members within ninety (90) days after the close of the fiscal
year of the Association.
Section 9.3 Fiscal Year. The fiscal year of the Association shall be the calendar year, unless
otherwise determined by the unanimous vote of the Executive Board.
Section 9.4 Assessment Rolls. The Assessment rolls shall be maintained in a set of
accounting books in which there shall be an account for each Lot. Such account shall designate the name
and street address of the Lot, its Owner, the amounts of any and all Assessments and delinquencies with
respect to said Owner and Lot, the dates and amounts in which the Assessments come due, the amounts
paid upon account thereof and the balance due on any Assessment.
Section 9.5 Checks, Drafts. Etc. All checks, drafts or other orders for payment of money,
notes or other evidences of indebtedness issued in the name of or payable to the Association shall be
signed or endorsed by such person or persons and in such manner as determined from time to time by
resolution of the Executive Board.
Section 9.6 Contracts. The Executive Board, except as otherwise provided in these Bylaws
and the Declaration, may authorize any officer, manager, agent or employee to enter into any contract or
execute any instrument in the name or on behalf of the Association and such authority may be general or
confined to specific instances.
Section 9.7 Deposits. All funds of the Association shall be deposited from time to time to the
credit of the Association in a national bank to be designated by the Executive Board.
Section 9.8 Gifts. The Executive Board may accept on behalf of the Association any
contribution, gift, bequest or devise for any general or special purpose of the Association.
ARTICLE 10
MISCELLANEOUS
Section 10.1 Conflicts. If there are any conflicts or inconsistencies between the provisions of
the Declaration and these Bylaws, the terms and provisions of the Declaration shall control. If there are
any conflicts or inconsistencies between the provisions of the Articles of Incorporation and these Bylaws,
the Articles of Incorporation shall control. If there are any conflicts or inconsistencies between the
provisions of the Articles of Incorporation and the Declaration, the Articles of Incorporation shall control.
Section 10.2 Amendments to Bylaws. These Bylaws may be amended only by the unanimous
vote of the Members at a meeting duly held for such purpose.

Section 10.3 Use of. Pronouns. Whenever the context so permits, the use of the singular or
plural shall be interchangeable in meaning and the use of any gender shall be deemed to include either
gender.
Section 10.4 Inspection of Bylaws. The Association shall keep in its principal office a true
and correct copy of these Bylaws, as the same may, from time to time, be amended, and which shall be
open to inspection by the Members at all reasonable times during office hours.
Section 10.5 Parliamentary Rules. Robert's Rules of Order (latest edition) shall govern the
conduct of corporate proceedings when not in conflict with the Articles of Incorporation, these Bylaws,
the Declaration or the statutes of the State of North Carolina.
Section 10.6 Conflict; Severabilitv. These Bylaws are established in compliance with the Act.
Should any of the terms, conditions, provisions, paragraphs or clauses of these Bylaws conflict with any
of the provisions of the Act, the provisions of the Act shall control unless the Act permits these Bylaws to
override the Act, in which event these Bylaws shall control. If any term, provision, limitation, paragraph
or clause of these Bylaws or the application thereof to any person or circumstance is judicially held to be
invalid, such determination shall not affect the enforceability, validity or effect of the remainder of these
Bylaws or the application thereof to any other person or circumstance.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

CERTIFICATION
I, the undersigned, do hereby certify:
THAT I am the duly elected and acting Secretary of the Association; and
THAT the foregoing Bylaws constitute the original Bylaws of Bryton Owner's Association, Inc.
as duly adopted at a meeting of the Executive Board thereof, held on the 3'�' day of
0 cd-ci ei , 2014.
IN WITNESS WHEREOF, I have hereunto subscribed my name this 3' day of
b , 2014.
Charles M. Handy, Secretary

FOR REGISTRRTION
J. David Granberry
REGISTER OF DEEDS
Mecklenburg County NC
2014 NOV 04 03:38:13 PM
BK 2FEE:$49552 2.005_124
INSTRUMENT # 2014128657
PHETSL
2014128657
Prepared by and when recorded return to:
Shannon O'Donnell, Esquire
American Asset Corporation
5950 Fairview Road, Suite 800
Charlotte, NC 28210
EASEMENTS WITH COVENANTS AND
RESTRICTIONS AFFECTING LAND
i
i
V
THIS EASEMENTS WITH COVENANTS AND STRICTIONS AFFECTING
LAND (the "Agreement") is made as of the JA it-- day of amber , 2014, by
BRYTON TC #1, LLC, a North Carolina limited liability company ("Bryton").
RECITALS:
i
i
A. Bryton is the owner of that certain approximately 75.1520 acres of land located in
the Town of Huntersville, Mecklenburg County, North Carolina more particularly described in
Exhibit A and referenced herein as the "Bryton Tract".
B. A portion of the Bryton Tract has been subdivided into (i) 3.9706 acres of land as
shown as Lot 2 of Map Book 55, Page 219 of the Mecklenburg County Public Records (the
"Plat"); (ii) 4.8525 acres of land as shown as Lot 3 of the Plat; (iii) 7.3687 acres of land as shown
as Lot 4 of the Plat; and (iv) 1.712 acres of land as shown as Lot 5 of the Plat (Lots 2, 3, 4 and 5
are referenced collectively herein as. the "Developer Tract"). The Developer Tract is a portion of
the Bryton Tract and is more particularly described in Exhibit B hereof. The Bryton Tract and
the Developer Tract are labeled and shown on the plan ("Site Plan") attached hereto as Exhibit C
hereof.
C. Bryton has further subdivided Lot 4 of the Developer Tract consisting of Lots
4A1 being 1.2855 acres, 4A2 being 1.0639 acres, 4B being 1.1584 acres, 4C being 1.2333 acres,
i

4D being 1.2784 acres and 4E being 1.3492 acres, pursuant to that certain Subdivision Plat
entitled Bryton Town Center Subdivision, Phase I, Map 2, dated October 1, 2014 and recorded in
Book of Maps 56, at Page 904 of the Mecklenburg County Public Records and intends to sell,
lease and/or develop Lot 4 of the Developer Tract and desires that the Lots within Lot 4 of the
Developer Tract be developed in conjunction with each other pursuant to a general plan of
improvement and further desires that the Bryton Tract be subject to the easements and the
covenants, conditions and restrictions hereinafter set forth, as applicable. It is specifically agreed
to by all parties that any other property which may now or hereafter be owned by Bryton not
described in Exhibit A is not subject to this Agreement.
D, Lot 4 of the Developer Tract is also subject to: (i) that certain Master Declaration
of Covenants, Conditions and Restrictions for Bryton recorded in Book Th54, Page 4 in
the Mecklenburg County Registry (the "Master Declaration"); (ii) that certain Dedication and
Cross Easement Agreement and Declaration of Restrictions recorded in Book o? �,S5 Page
77 in Mecklenburg County Registry (the "Retail Declaration"); and (iii) that certain
Easements with Covenants and Restrictions Affecting Land recorded in Book 26972, Page 913
in the Mecklenburg County Registry (the "Phase I Declaration").
NOW, THEREFORE, for and in consideration of the premises, easements, covenants,
conditions, restrictions, and encumbrances contained herein, the sufficiency of which is hereby
acknowledged, Bryton does hereby declare that the Bryton Tract, being the real property
described in Exhibit A attached hereto and incorporated herein by this reference, is and shall be
held, transferred, sold, conveyed, given, donated, leased, occupied and used subject to the
covenants, restrictions, easements, liens, charges, and equitable servitudes (all hereinafter
sometimes referred to as the "Covenants") hereinafter set forth.
1. Submission.
1.1 The Bryton Tract shall be held, conveyed, hypothecated, encumbered,
sold, leased, rented, used, occupied and improved subject to each and all of the limitations,
covenants, conditions, restrictions, easements, liens, charges and equitable servitudes set forth
herein, all of which are declared to be (i) in furtherance of a common scheme and general plan
for the development, improvement and maintenance of the Bryton Tract and (ii) for the purpose
of enhancing, maintaining and protecting the value, desirability and attractiveness of the Bryton
Tract. The limitations, covenants, conditions, restrictions, easements, liens, charges and
equitable servitudes set forth herein shall run with, be binding upon and inure to the benefit of
the applicable property within the Bryton Tract that such covenant, condition, restriction or
easement affects and shall be binding on and inure to the benefit of each and every person having
or acquiring any right, title or interest in the applicable portion of such Bryton Tract, and shall be
binding upon and inure to the benefit of the successors in interest of such persons.
1.2 Any deed or other instrument by which a lot or tract of land within the
Bryton Tract shall be subject to the provisions of this Agreement and shall be deemed to
incorporate the provisions of this Agreement, whether or not the deed makes reference hereto.
2

2. Use Restrictions.
2.1 Lots 4A1 and 4A2 of Lot 4 of the Developer Tract shall only be used for a
convenience store, gas station and car wash, and for no other purpose without the prior written
consent of Bryton.
2.2 . No property within the Bryton Tract, other than Lots 4A1 and 4A2 of Lot
4 of the Developer Tract shall be used, leased, occupied by, or conveyed to any other party, for
use as: (I) a convenience store such as, but not limited to a "7-Eleven", "Circle K" or similar
operation; (ii) the operation of a gas station or fuel center for the dispensing of gasoline,
petroleum products or other transportation fuels developed based upon methodological changes
in modes of transportation or transportation fuel sources; provided however, that such restriction
shall not prohibit the use or installation of electric charging stations for vehicles or other modes
Of transportation; or (iii) an express car wash, full service car wash, automatic car wash or self -
`'serve car wash.
2.3 No property within the Developer Tract other than Lot 4D of Lot 4 of the
Developer Tract (whether or not such other property is subsequently voluntarily conveyed by
Bryton) will, for so long as that certain Ground Lease dated November 19, 2013, as amended
from time to time, between Brryton and McDonald's USA, LLC for the use of Lot 4D of Lot 4 of
the Developer Tract is in full force and effect, be used or occupied as a Restaurant (as defined
below) that specializes solely or predominantly in the sale of hamburgers (the "Prohibited
Sandwiches"). As used in this Section 2.3, the term "Restaurant" includes any business
establishment that offers either or both of food and drinks, including, without limitation, a kiosk,
stand, booth, or area Iocated inside another business facility, provided such business
establishment offers drive-thru service. For purposes of this Section 2.3, a business will be
deemed to specialize solely or predominantly in the sale of the Prohibited Sandwiches if the total
number of Prohibited Sandwiches listed on the menu of such business exceeds the total number
of the sandwiches listed on the menu that are not Prohibited Sandwiches. For purposes of this
Section 2.3, wraps and breakfast sandwiches will not be considered a "Prohibited Sandwich".
2.4 Bryton may institute further use restrictions against any lot or tract of land
within the Bryton Tract by recording a supplement to this Agreement signed solely by Bryton
and the owner of such Lot to be restricted, and shall not require the joinder of any other party.
3. Easements over Lot 4 of the Developer Tract.
3.1. Bryton is the sole owner Lot 4 of the Developer Tract, and therefore
currently controls the use thereof. An intent of this Agreement is to set forth certain reciprocal
easements and rights for the benefit of Lot 4 of the Developer Tract, and each portion thereof.
Notwithstanding the foregoing, however, and notwithstanding anything to the contrary set forth
herein, in no event shall any of the rights and easements hereby created benefit or be an
appurtenance to any property adjoining Lot 4 of the Developer Tract; nor shall any of the rights
and easements hereby created benefit or be exercisable by the general public, except as expressly
set forth herein.
3

3.2. Bryton, as the owner of Lot 4 of the Developer Tract, for itself and its
successors and assigns, does hereby declare, establish, and grant, to and for each and every
person, firm, entity, or corporation hereafter owning any portion of Lot 4 of the Developer Tract,
for the benefit of all said grantees, as well as for the benefit of each of their respective officers,
tenants, employees, agents, customers, business visitors, guests, licensees, invitees, and all other
persons lawfully upon any portion of Lot 4 of the Developer Tract as an appurtenance to and for
the benefit of Lot 4 of the Developer Tract and each and every portion thereof, a perpetual, non-
exclusive right and easement (the "Access Easement") over the strip of land (the "Access
Easement Area") shown as the Access Easement Area on the Site Plan, for the purposes of
providing pedestrian and vehicular traffic (including without limitation construction and delivery
vehicles and equipment) access, ingress, egress and regress to, from and between Lot 4 of the
Developer Tract and Cane Creek Drive.
3.3 The location of the Access Easement Area may be changed with the
consent of the owners of fee simple title to all portions of Lot 4 of the Developer Tract (each, an
"Owner" and collectively, the "Owners"). Such change shall be effected by an amendment to
this Agreement showing the new location of the Access Easement Area; no tenants or
mortgagees of Lot 4 of the Developer Tract shall be required to join in any such amendment.
3.4 The Owners, and their respective successors and assigns (including
tenants), hereby agree that they shall not erect or permit the erection of any curbing, fencing,
speed bumps, or other barriers or obstructions on Lot 4 of the Developer Tract that will in any
way interfere with the exercise of the Access Easement. The Access Easement Area shall be
kept open at all times for the free use as intended in this Agreement. Notwithstanding the
foregoing, the Owners shall have the right, one day in each calendar year, but more often if
legally desirable, to erect barriers or chains for the purpose of blocking off access to Lot 4 of the
Developer Tract to avoid the possibility of dedicating the Access Easement Area for public use,
it being mutually agreed, nevertheless, that if possible, such barriers or chains shall be erected for
such purpose at a time, or upon a day, when the businesses operating on Lot 4 of the Developer
Tract are not open for business.
3.5 Notwithstanding any provision herein contained to the contrary, Bryton
expressly provides that the easements herein declared, established and created shall not include
cross -parking easements.
3.6 Bryton, as the owner of Lot 4 of the Developer Tract, for itself and its
successors and assigns, does hereby declare, establish, and grant, to and for each and every
person, firm, entity, or corporation hereafter owning any portion of Lot 4 of the Developer Tract,
for the benefit of all said grantees, as well as for the benefit of each of their respective officers,
tenants, employees, agents, customers, business visitors, guests, licensees, invitees, and all other
persons lawfully upon any portion of Lot 4 of the Developer Tract as an appurtenance to and for
the benefit of Lot 4 of the Developer Tract and each and every portion thereof, a perpetual, non-
exclusive right and easement (the "Storm Water Easement") to drain storm water run-off from
each parcel within Lot 4 of the Developer Tract, as the same hereafter may be improved, onto
and across any other parcel within Lot 4 of the Developer Tract and into the detention basin
located on Lot 4 of the Developer Tract (the "Detention Basins"); provided, however, that no
4

change of grade elevation will be made that adversely affects another parcel or the Improvements
thereon of Lot 4 without first obtaining the written consent of the Owner of the adversely
affected parcel. Each Owner of a particular parcel within Lot 4 of the Developer Tract shall be
responsible for the initial construction of the detention basin on its parcel. Each Owner shall
have the right to relocate or reconfigure the detention basin on its parcel with the prior written
consent of the Town of Huntersville. Such relocation or reconfiguration shall not require the
consent of any other Owner provided all easements contained herein for drainage to such
detention basin shall remain in full force and effect.
3.7 Bryton, as the owner of Lot 4 of the Developer Tract, for itself and its
successors and assigns, does hereby declare, establish, and grant, to and for each and every
person, firm, entity, or corporation hereafter owning any portion of Lot 4 of the Developer Tract,
for the benefit of all said grantees, as well as for the benefit of each of their respective officers,
tenants, employees, agents, customers, business visitors, guests, licensees, invitees, and all other
persons lawfully upon any portion of Lot 4 of the Developer Tract as an appurtenance to and for
the benefit of Lot 4 of the Developer Tract and each and every portion thereof, a perpetual, non-
exclusive right and easement (the "Open Space Easement") over the strip of land (the "Open
Space Area") shown as the Open Space Area on the Site Plan, for the purposes of pedestrian
access, landscaping, raised seating, benches or other use permitted by the Town of Huntersville
in open space areas. The Owner of Lot 4A1 and 4A2 of Lot 4 of the Developer Tract shall be
responsible for the initial construction of all improvements within the Open Space Area.
3.8 Bryton, as the owner of Lot 4 of the Developer Tract, for itself and its
successors and assigns, does hereby declare, establish, and grant, to and for each and every
person, firm, entity, or corporation hereafter owning any portion of Lot 4 of the Developer Tract,
for the benefit of all said grantees, as well as for the benefit of each of their respective officers,
tenants, employees, agents, customers, business visitors, guests, licensees, invitees, and all other
persons lawfully upon any portion of Lot 4 of the Developer Tract as an appurtenance to and for
the benefit of Lot 4 of the Developer Tract and each and every portion thereof, a perpetual, non-
exclusive right and easement (the "Landscape Easement") over a fifteen (15) foot wide the strip
of land along the boundary of Lot 4 and Cane Creek Road and Prysing Street (the "Landscape
Area") shown as the landscape Area on the Site Plan, for the purposes of landscaping as
permitted by the Town of Huntersville and the architectural review committee for Brtyon. Each
Owner of a particular parcel within Lot 4 of the Developer Tract shall be responsible for the
initial construction of the improvements within the Landscape Area on its parcel.
3.9 Bryton, as owner of Lot 4D of the Developer Tract, for itself and its
successors and assigns, does hereby declare, establish, and grant, as an appurtenance to and for
the benefit of Lot 4D of the Developer Tract, a perpetual, non-exclusive right and easement (the
"Sign Easement") over a five (5) foot wide the strip of land along the boundary of Lot 4D and
Alexanderana Road and Old Statesville Road (the "Sign Area"), for the purposes of installing a
sign for the Bryton development as may be permitted by the Town of Huntersville and the
architectural review committee for Brtyon. The provisions and right of this paragraph shall not
be construed as imposing upon Bryton, or any owner of Lot 4D of the Developer Tract an
obligation to exercise the rights, easements, privileges and appurtenances granted, including
5

without limitation any obligation to commence or complete installation of monumentation or
signage.
4. Maintenance and Costs of Easement Areas
4.1 The Access Easement Area, the Detention Basins, the Landscape Area and
the Open Space Area shall all be considered "Limited Common Area" as that term is defined in
the Master Declaration and shall be maintained, repaired and replaced by the Association or Sub -
Association as set forth therein.
4.2 The costs of maintenance, repair, restoration, and replacement of the
Access Easement Area, the Detention Basins, the Landscape Area and the landscaping, benches,
raised seating and above -ground improvements within the Open Space Area (specifically
excluding any brick, pavers or pavement within the Open Space Area which shall be maintained
by the Owner of Lots 4A1 and 4A2 of Lot 4 of the Developer Tract) and any other common
areas or improvements located within Lot 4 of the Developer Tract shall be allocated among the
Owners by multiplying the applicable assessment by a fraction, the numerator of which shall be
the acreage of each Owner's property and the denominator of which shall be the total acreage of
Lot 4 of the Developer Tract. To the extent practicable, the Association shall bill each Owner in
connection with any other assessments and fees due from such Owner pursuant to the Master
Declaration, the Retail Declaration, Phase I Declaration, or any other easements, restrictions or
covenants to which the Property, or any portion of the Property may be subject. The Association
shall use reasonable efforts to coordinate all invoicing such that each Owner is billed only by one
association which clearly delineates the charges pursuant to each recorded document.
4.3 The Association at all times has the right to include as part of the
assessments such amounts as are required to pay all expenses related to the Access Easement
Area, the Detention Basins, the Landscape Area, the Open Space Area and other shared
infrastructure or common facilities, and all financial obligations of the Association.
4.4 The assessments and charges, together with such interest thereon and costs
of collection therefor as are herein provided, shall be a charge and continuing lien upon the
portion of Lot 4 of the Developer Tract against which such assessment is made as of the effective
date of each assessment. Each such assessment, together with such interest thereon and costs of
collection therefor as are hereinafter provided, shall also be the personal obligation or corporate
obligation of the person or entity who was Owner of such portion of Lot 4 of the Developer Tract
at the time when the assessment became due. In the case of co -ownership, all of such co -Owners
shall be jointly and severally liable for the entire amount of the assessment.
4.5 If any assessment is not paid on the date when clue, then such assessment
shall be delinquent and shall accrue interest thereon at the rate of ten percent (10%) per annum,
unless a lesser rate is required under applicable law, in which event the lesser rate shall be
applicable. No Owner shall be exempt from liability for any assessment provided for herein for
reason of non-use of the Access Easement Area, the Detention Basins, the Landscape Area, the
Open Space Area or such Owner's property, or abandonment or leasing of such Owner's
6

property, or unavailability of the use or enjoyment of the Access Easement Area, the Detention
Basins, the Landscape Area or the Open Space Area.
4.6 The liens provided for herein shall be subordinate to the lien of any deed
of trust or other security instrument (hereinafter collectively referenced as a "Mortgage") on any
lot if, but only if, all such costs with respect to such lot having a due date on or prior to the date
such Mortgage is filed for record have been paid. The lien and permanent charge hereby
subordinated is only such lien and charge as relates to costs authorized hereunder having a due
date subsequent to the date such Mortgage is filed of record and prior to the satisfaction,
cancellation or foreclosure of such Mortgage or the sale or transfer of the property encumbered
by the Mortgage pursuant to any proceeding in lieu of foreclosure or the sale or transfer of the
property encumbered by the Mortgage pursuant to a sale under power contained in such
Mortgage. The sale or transfer of any lot shall not affect any lien for costs. The sale or transfer
of any lot which is subject to any Mortgage pursuant to a foreclosure thereof or under a power of
sale or any proceeding in lieu of foreclosure thereof shall result in a lien upon the proceeds from
foreclosure or of sale junior only to the said foreclosed Mortgage but senior to the equity of
redemption of the mortgagor or trustor. No sale or transfer shall relieve such lot or the owner
thereof from liability for any assessment thereafter becoming due or from the lien thereof.
5. Rights of Successors. The easements, restrictions, benefits and obligations hereunder
shall create mutual benefits and servitudes running with the land. This Agreement shall bind and
inure to the benefit of the parties hereto, their respective heirs, representatives, lessees,
successors and assigns. The singular number includes the plural and the masculine gender
includes the feminine and neuter. This Agreement shall be construed and enforced in accordance
with the Iaws of the State of North Carolina.
6. Modification and Cancellation. This Agreement (including exhibits) may be modified or
canceled only by the mutual agreement of Bryton and the owners of any portion of Lot 4 of the
Developers Tract; provided, however that if any modification affects only one tract of land
within the Bryton Tract, only the signature of Bryton and the affected land owner shall be
required to effect such modification. Bryton shall be authorized to assign all or any portion of its
rights under this Agreement to a third party by recording an instrument evidencing that assignment
in the Office of the Register of Deeds for Mecklenburg County, North Carolina.
7. Duration. Unless otherwise canceled or terminated, all of the easements granted in this
Agreement shall continue in perpetuity and all other rights and obligations hereof shall
automatically terminate and be of no further force and effect after ninety-nine (99) years from
the date hereof.
8. Headings. The headings herein are inserted only as a matter of convenience and for
reference and in no way define, limit or describe the scope or intent of this document nor in any
way affect the terms and provisions hereof.
9. Entire Agreement. This Agreement constitutes the entire agreement between the parties
hereto. The parties do not rely upon any statement, promise or representation not herein
expressed, and this Agreement once executed and delivered shall not be modified or altered in
7

any respect except by a writing executed and delivered in the same manner as required by this
document.
10. Notices, All notices and other communications required or permitted to be given
hereunder shall be in writing and shall be mailed by certified or registered mail, postage prepaid,
or by Federal Express, Airborne Express, or similar overnight delivery service to the Registered
Agent with the North Carolina Secretary of State for any party requiring notice hereunder, or as
otherwise provided to the Owners and Association in writing at any time. Notices shall be
effective upon receipt or refusal. Any party shall be entitled to change its address for notice by
providing notice of such change to the other party.
11. Counterparts. This Agreement may be executed in one or more counterparts each of
which in the aggregate shall constitute one and the same instrument.
12. Miscellaneous Provisions Respecting Mortgagees.
12.1 To the extent that any other provisions of this Agreement conflict with the
following provisions, the following provisions shall control:
(i) In the event of default hereunder, any Owner which proposes to enforce its rights
hereunder shall give written notice to the mortgagees in all mortgages encumbering all or any
portion of the Property, provided such mortgagees have heretofore furnished such Owner with
written notice of the names and addresses of such mortgagees.
(ii) Upon request in writing to the Association identifying the name and address of
the mortgagee of a recorded first mortgage on any portion of the Property, the Association shall
furnish to an estoppel certificate to any such requesting mortgagee, within thirty (30) days after
receipt of such first mortgagee's request, setting forth the following: (a) any Owner of a portion
of the Property subject to such first mortgage that is more than sixty (60) days delinquent in the
payment of assessments or charges owed by such Owner; and (b) evidence through an Accord
Form of any insurance policy maintained by the Association.
(iii) Upon request in writing, each mortgagee shall have the right:
(a) to examine current copies of this Agreement, the articles, the by-laws,
rules and regulations and the books and records of the Association during normal
business hours;
(b) to receive, by payment of a reasonable charge and within a reasonable
time after such request, any annual audited or unaudited financial statements which are prepared
and distributed by the Association to the Owners at the end of each of its respective fiscal years;
(c) to receive written copies of any material amendment to this agreement, the
by-laws or the articles of the Association.
8

(iv) No provision of this Agreement or the articles or any similar instrument
pertaining to any portion of the Property shall be deemed to give an Owner or any other party
priority over the rights of a mortgagee pursuant to their first mortgages in the case of distribution
to Owners of insurance proceeds or condemnation awards for losses to or a taking of the
Property, or any portion thereof or interest therein. In such event, the mortgagees of the Property
affected shall be entitled, upon specific written request, to timely written notice of any such loss.
12.2 Bryton and first mortgagees may, jointly or severally, pay taxes and
assessments or other charges which are in default and which may or have become a charge
against the Property, and may pay overdue premiums on casualty insurance policies or secure
new casualty insurance coverage upon the lapse of an Association policy, and Bryton and first
mortgagees making such payments shall be entitled to immediate reimbursement from the
Association.
12.3 Upon request, each Owner shall be obligated to furnish to the Association
the name and address of the holder of any mortgage encumbering the Property.
9

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first written above.
BRYTON TC #1, LLC, a North Carolina limited
liability company
By:
State of NORTH CAROLINA
County of AAr_CK1-4.11i2eS
ame: Paul L. Herndon
Title: Vice President
I certify that the following person(s) personally appeared before me this day, and I have personal
knowledge of the identity of the principal(s);
Each acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: Paul L. Herndon, Vice President of Bryton
TC # 1, LLC, a North Carolina limited liability company.
Date: i0e444- „iv , 20 //
Printed Name Lon A - Sm.e,e1
(Official Seal)
My commission expires: /'d i Jo/ 5
Notary Public
10

CONSENT AND SUBORDINATION
WHEREAS, KeyBank National Association, a national banking association ("Lender")
is the Beneficiary under that certain Deed of Trust, Assignment of Rents, Security Agreement
and Fixture Filing by Bryton TC #1, LLC ("Borrower") in favor of Jonathan D. Brodhag, Esq.
(as substitute trustee for G. Robert Turner III, Esq. ("Turner") pursuant to that certain
Substitution of Trustee dated as of May 29, 2014 and recorded May 30, 2014 in Book 29212,
Page 137 in the Register of Deeds of Mecklenburg County, North Carolina, Turner having been
the substitute trustee for David T. Simpson, Jr., Esq. pursuant to that certain Substitution of
Trustee dated effective as of January 25, 2012 and recorded January 27, 2012 in Book 27060,
Page 260, aforesaid records), as trustee ("Trustee"), for the benefit of Lender, and recorded
March 31, 2010 in Book 25520, Page 192 in the Register of Deeds of Mecklenburg County,
North Carolina, as modified by that certain Modification of Loan Documents dated as of May
29, 2014 and recorded May 30, 2014 in Book 29212, Page 139, aforesaid records (as the same
may be amended, restated, or otherwise modified from time to time, the "Deed of Trust");
WHEREAS, Lender also is the owner and holder of the promissory note and other
indebtedness secured by the Deed of Trust;
WHEREAS, Lender desires to consent to the execution, delivery and recording by
Borrower of the preceding Easements with Covenants and Restrictions Affecting Land (the
"Agreement");
WHEREAS, the Agreement subjects the real property in Mecklenburg County more
particularly described in the Deed of Trust (the "Property") to the easements, conditions, and
restrictions set forth in the Agreement; and
WHEREAS, Lender also desires to subordinate the lien of the Deed of Trust to the
easements, conditions, and restrictions set forth in the Agreement, as provided below.
NOW, THEREFORE, for and in consideration of the above premises, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Lender hereby: (a) consents to the execution, delivery and recording by Borrower of the
Agreement, and (b) agrees that the Deed of Trust, the liens created thereby and Lender's interest
in the Property by virtue of the Deed of Trust, are and shall be, except with respect to liens for
any assessments created under the Agreement, subject and subordinate to the terms and
conditions of the Agreement, and to the easements and restrictions created thereby. In the event
of a foreclosure of the Deed of Trust, or a transfer of any portion of the Property in Iieu of
foreclosure, Lender and Trustee agree that the purchaser at any such foreclosure, or the
transferee under any such deed in lieu of foreclosure, shall take title to such property subject to
all of the terms and conditions of the Agreement. Except as subordinated solely to the foregoing
Agreement specifically described herein restricting the Property, the Deed of Trust shall
otherwise remain in full force and effect. Notwithstanding the execution of this Consent and
Subordination or any provision in the Agreement to the contrary, nothing herein or in the
Agreement shall be construed to render the undersigned responsible or liable for the performance
of any of the covenants or undertakings of any party to the Agreement, nor shall this Consent and
11

Subordination, except as specifically provided herein, otherwise affect the priority of the Deed of
Trust or interest of the undersigned in the Property encumbered by the Deed of Trust.
[Signature contained on the following page]
12

IN WITNESS WHEREOF, Lender has executed this Consent and Subordination as of
the ' 2 day of Q , 2014.
Lender:
KEYBANK NATIONAL ASSOCIATION,
a n ion 1 bankiva association
By
Name
Title:
STATE OF yrk,
COUNTY OF AI t
�l�c..h1�
l
S-1 (7
I certify that the following person personally appeared before me this day, acknowledging to me
that he/she voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated: Los tit A
Date: O `4- da I 2014
(Official Seal)
cial ignature of Notary
Notary's printed or typed name
My commission expires:
BRIAN SADOWSKI
Notary Public, State of New York
• Qualified in Columbia County
Reg. No. 01SA6272150 atb
My Commission Expires Nov,13,
1

EXHIBIT A
(Bryton Tract Legal Description)
Tract 1: Tax Parcel ID #01913143
That certain lot or parcel of land situate, lying and being in the City of Charlotte,
Mecklenburg County, North Carolina, consisting of approximately 11.0084 gross
acres and being shown as Tract A-1 B on that certain plat entitled "Bryton Town
Center — Hambright Road Right —Of-Way Dedication" recorded in Map Book 55,
Pages 338 to 343 in the Office of the Register of Deeds for Mecklenburg County,
to which reference is hereby made.
Tract 2: Tax Parcel ID #01913172
That certain lot or parcel of land situate, lying and being in the City of Charlotte,
Mecklenburg County, North Carolina, consisting of approximately 3.0148 gross
acres and being shown as Tract 2 on that certain plat entitled "Bryton Town
Center — Hambright Road Right -Of -Way Dedication" recorded in Map Book 55,
Page 338 to 343 in the Office of the Register of Deeds for Mecklenburg County,
to which reference is hereby made.
Tract 3: Tax Parcel ID #01913144
That certain lot or parcel of land situate, lying and being in the City of Charlotte,
Mecklenburg County, North Carolina, consisting of approximately 5.0294 gross
acres and being shown as Tract 5 on that certain plat entitled "Exempt Plat
`Bryton Town Center' recorded in Map Book 53, Pages 298 to 300 in the Office
of the Register of Deeds for Mecklenburg County, to which reference is hereby
made.
Tract 4: Tax Parcel ID #01913145
That certain lot or parcel of land situate, Iying and being in the City of Charlotte,
Mecklenburg County, North Carolina, consisting of approximately 5.0082 gross
acres and being shown Tract 4 on that certain plat entitled "Exempt Plat `Bryton
Town Center'" recorded in Map Book 53, Pages 298 to 300 in the Office of the
Register of Deeds for Mecklenburg County, to which reference is hereby made.
Tract 5: Tax Parcel ID #01913146
That certain lot or parcel of land situate, lying and being in the City of Charlotte,
Mecklenburg County, North Carolina, consisting of approximately 4.56 gross
2

acres and being shown as Tract 3 on that certain plat entitled "Exempt Plat
`Bryton Town Center"' recorded in Map Book 53, Pages 298 to 300 in the Office
of the Register of Deeds for Mecklenburg County, to which reference is hereby
made. Less and Except that portion dedicated as "Preysing Street Variable Width
Public R/W" as shown on map entitled BRYTON TOWN CENTER
SUBDIVISION, PHASE 1, MAP 1 as recorded in Map Book 55 Pages 219 to 221
in said registry.
Tract 6: Tax Parcel ID #01913104
That certain lot or parcel of land situate, lying and being in the City of Charlotte,
Mecklenburg County, North Carolina, consisting of approximately 2.4452 gross
acres and being shown as Tract A-2A on that certain plat entitled "Bryton Town
Center — Bryton Corporate Center Drive and Savoy Drive Right -Of -Way
Dedication" recorded in Map Book 54, Pages 700 to 703 in the Office of the
Register of Deeds for Mecklenburg County, to which reference is hereby made.
Tract 7: Tax Parcel ID #01913147
That certain lot or parcel of land situate, lying and being in the City of Charlotte,
Mecklenburg County, North Carolina, consisting of approximately 7.3687 gross
acres and being shown as Lot 4 on that certain plat entitled `Bryton Town Center
Subdivision, Phase 1, Map 1" recorded in Map Book 55, Pages 219 to 221 in the
Office of the Register of Deeds for Mecklenburg County, to which reference is
hereby made, as further subdivided pursuant to that certain plat entitled "Bryton
Town Center Subdivision, Phase I, Map 2, recorded in Map Book 56, Page 904 in
the Office of the Register of Deeds for Mecklenburg County.
Tract 8: Portion of Tax Parcel ID #019-131-50
That certain lot or parcel of land situate, lying and being in the City of Charlotte,
Mecklenburg County, North Carolina, consisting of approximately 3.9706 gross
acres and being shown as Lot 2 on that certain plat entitled "Bryton Town Center
Subdivision, Phase 1, Map 1" recorded in Map Book 55, Pages 219 to 221 in the
Office of the Register of Deeds for Mecklenburg County, to which reference is
hereby made.
Tract 9: Portion of Tax Parcel ID #019-131-50
That certain lot or parcel of land situate, lying and being in the City of Charlotte,
Mecklenburg County, North Carolina, consisting of approximately 4.8625 gross
acres and being shown as Lot 3 on that certain plat entitled "Bryton Town Center
3

Subdivision, Phase 1, Map 1" recorded in Map Book 55, Pages 219 to 221 in the
Office of the Register of Deeds for Mecklenburg County, to which reference is
hereby made.
Tract 10: Portion of Tax Parcel ID #019-131-50
That certain lot or parcel of land situate, lying and being in the City of Charlotte,
Mecklenburg County, North Carolina, consisting of approximately 1.712 gross
acres and being shown as Lot 5 on that certain plat entitled "Bryton Town Center
Subdivision, Phase 1, Map 1" recorded in Map Book 55, Pages 219 to 221 in the
Office of the Register of Deeds for Mecklenburg County, to which reference is
hereby made.
Tract 11: Portion of Tax Parcel ID #019-131-50
That certain lot or parcel of land situate, lying and being in the City of Charlotte,
Mecklenburg County, North Carolina, consisting of approximately 26.1722 gross
acres being the approximately 43.8363 gross acres and being shown as Tract A on
that certain plat entitled "Bryton Town Center -- Bryton Corporate Center Drive
and Savoy Drive Right -Of -Way Dedication" recorded in Map Book 54, Pages 700
to 703 in the Office of the Register of Deeds for Mecklenburg County, to which
reference is hereby made, Less and Except all that property set forth on Map
Book 55 Pages 219 to 221 in said registry.
4

EXHIBIT B
(Developer Tract Legal Description)
Tract 1: Portion of Tax Parcel ID #019-131-50
That certain Iot or parcel of land situate, lying and being in the City of Charlotte,
Mecklenburg County, North Carolina, consisting of approximately 3.9706 gross
acres and being shown as Lot 2 on that certain plat entitled "Bryton Town Center
Subdivision, Phase 1, Map 1" recorded in Map Book 55, Pages 219 to 221 in the
Office of the Register of Deeds for Mecklenburg County, to which reference is
hereby made.
Tract 2: Portion of Tax Parcel ID #019-131-50
That certain lot or parcel of land situate, Iying and being in the City of Charlotte,
Mecklenburg County, North Carolina, consisting of approximately 4.8625 gross
acres and being shown as Lot 3 on that certain plat entitled "Bryton Town Center
Subdivision, Phase 1, Map 1" recorded in Map Book 55, Pages 219 to 221 in the
Office of the Register of Deeds for Mecklenburg County, to which reference is
hereby made.
Tract 3: Tax Parcel ID #01913147
That certain lot or parcel of land situate, lying and being in the City of Charlotte,
Mecklenburg County, North Carolina, consisting of approximately 7.3687 gross
acres and being shown as Lot 4 on that certain plat entitled "Bryton Town Center
Subdivision, Phase 1, Map 1" recorded in Map Book 55, Pages 219 to 221 in the
Office of the Register of Deeds for Mecklenburg County, to which reference is
hereby made, as further subdivided pursuant to that certain plat entitled `Bryton
Town Center Subdivision, Phase I, Map 2, recorded in Map Book 56, Page 904 in
the Office of the Register of Deeds for Mecklenburg County.
Tract 4: Portion of Tax Parcel ID #019-131-50
That certain lot or parcel of land situate, lying and being in the City of Charlotte,
Mecklenburg County, North Carolina, consisting of approximately 1.712 gross
acres and being shown as Lot 5 on that certain plat entitled "Bryton Town Center
Subdivision, Phase 1, Map 1" recorded in Map Book 55, Pages 219 to 221 in the
Office of the Register of Deeds for Mecklenburg County, to which reference is
hereby made.
5

EXHIBIT C
(Site Plan)
6

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This map is not a certified survey
and has not been reviewed by a local
govemment agency for compliance with
any applicable land development regulations

Corporations Division Page 1 of 1
i
North (rotna
Elaine F Marshall DEPARTMENT OF THE
Secretary SECRETARYOF STATE
Po Ban 22822 Ralef NO 2762e-1:622 (17019)e1:17a
Our web site will be unavailable starting on 8/12/2016 at 5:30 PM due to scheduled electrical
maintenance.
Click Here To:
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View Document Filings
Corporate Names
Legal: Bryton Owner's Association, Inc.
Non -Profit Corporation Information
Sosld:
Status:
Annual Report Status:
Citizenship:
Date Formed:
State of Incorporation:
Registered Agent:
Corporate Addresses
1404574
Current -Active
Domestic
10/3/2014
Herndon, Paul L.
Mailing:
Principal Office:
Reg Office:
Reg Mailing:
5950 Fairview
Charlotte, NC
5950 Fairview
Charlotte, NC
5950 Fairview
Charlotte, NC
5950 Fairview
Charlotte, NC
Road, Suite 800
28210
Road, Suite 800
28210
Road, Suite 800
28210
Road, Suite 800
28210
https://www.sosnc.gov/Search/profcorp/10634275
8/9/2016

Central Files: APS _ SWP _
8/22/2016
Permit Number WQ0038659 Permit Tracking Slip
Program Category Status Project Type
Non -discharge Active New Project
Permit Type
Gravity Sewer Extension, Pump Stations, & Pressure Sewer Extensions
Primary Reviewer
barry.Iove
Coastal SWRuIe
Permitted Flow
14,650
Facility
Version Permit Classification
1.00 Individual
Permit Contact Affiliation
Facility Name Major/Minor Region
Bojangles - 10321 Cane Creek Drive Minor Mooresville
Location Address County
10321 Cane Creek Dr Mecklenburg
Facility Contact Affiliation
Charlotte NC 28210
Owner
Owner Name
Bojangles Owner's Association Inc
Dates/Events
Owner Type
Non-Govemment
Owner Affiliation
Kristen Ervin
VP
5950 Fairview Rd
Charlotte
NC 28210
Orig Issue
8/19/2016
Scheduled
App Received Draft Initiated Issuance Public Notice Issue Effective Expiration
8/5/2016 8/22/2016 8/22/2016
Regulated Activities Requested /Received Events
Restaurant
Wastewater collection
Outfall
Additional infom cation requested 8/9/16
Additional information received 8/18/16
Waterbody Name
Streamlndex Number Current Class Subbasln

State or North Carolina j Env ro'
Macireyv'lie Regional Office
r Resources
7rrtemai SAIrs1 iY
March 6, 2.017
Kristen [:ruin, Vice President
.Bryton. Owner's Association, Inc.
5950 Fairview Road, Suite 800
Charlotte, NC 28210
SUBJECT: Final Engineering Certification Acknowledgement
Project: Bojangies — 10321 Cane Creek Drive
Permit No.. WQ0038659
Permittee: Bryton. Owner's Association, Inc.
County: Mecklenburg
Dear Ms. Ervin:
ROY COOPER
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
The Division of Water Resource's Mooresville Regional. Office received the final engineering
certification with record drawings for the subject sewerextension project on March 3, 2017.
Enclosed is a certification page for your records. A full review of the certification materials may
or may not be conducted. It is assumed that receipt of this certification indicates compliance with
all regulations, design criteria and the permit. However, if a full technical review is conducted,
you will be notified of any items of non-compliance.
Please be reminded that the Permittee is responsible for keeping a copy'o.:tS e final record drawings
for the life of the project. If you have not received such copy from your consultant, please contact
them immediately to obtain a copy.
Lastly, you are receiving this letter because the Division has you listed as the responsible party. If
this perrnitted system is no longer owned by you or your company, please complete Form PNOCF`
since the permit. is not automatically transferable. Form PNOCF can be downloaded from
http://portal.ncdenr.org/web/wtsfrom the Collection Systems Applications page.
Should you have any questions, please do not hesitate to contact me at [phone].
Sincerely,
Barry Love
Environmental Specialist
cc: Barry M. Fay. P.E., (American Engineering, 8008 Corporate Center Drive, Suite 110,
Charlotte, NC 28226)
Central Files
MRO
--' Natfiring Compar7.�, .._.
tR at Gnuaht) , Water Resources Water Quality Regional Operations
aar `enter Avenue, Suite 3011 Mooresvhlie. North Carolina :'.5l ] ti
71 4-663-1699

FAST TRACK SEWER ENGINEERING CERTIFICATION
PERMITTEE: Bryton Owner's Association, Inc.
PERMIT #: WQ0038659
PROJECT: Bojangles - 10321 Cane Creek Drive
ISSUE DATE: August 22, 2016
This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of
this permit until the Division has received this Certification and all required supporting documentation, It
should be submitted in a manner that documents the Division's receipt, Send the required documentation
the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom.
Any wastewater flow made tributary to the wastewater collection system extension prior to completion
of this Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions, The Permittee is responsible for tracking all partial certifications up
until a final certification is received. A Final Certification shall be a complete set of record drawings and
design calculations regardless of whether partials have been submitted.
PERMITTEE'S CERTIFICATION
I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant
to the applicable standards & requirements, the Profession& Engineer below has provided applicable
design/construction information to the Permittee, and the Permittee is prepared to operate & maintain
the wastewater collection system permitted herein or ns thereof.
7)1(11 E'rVI
Printed Name, Title Signature
ENG N ER'S CERTIFICATION
Date
1, &Ilex N. duly registered Professional Eneer in the State of North Carolina,
having been authorized to observe periodically, 1111 weekly, LJ full time) the construction of the
project name and location as referenced above for the above Permittee hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the
Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12,
1996, as applicable; the Division's !Minimum Design Criteria for the Fast -Track Permitting of Pump Stations
and Force Mains adopted June 1, 2000, as applicable; and other supporting materials,
North Carolina Professional Engineer's Seal w/signature & date:
Ei Partial (include description}
Certification Comments/Qualifiers (attach if necessary
State of North Carolina Crtviromacntal Quality 1 Water Resources1 Water Quality 'Re tional Operations
Mooresville Regional Office! 610 East Center Av-enue., Suite 301 Mooresville, North Carolina 28115
704 665 1699