SW8121105_HISTORICAL FILE_20130626

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 k2\105
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2005 b�o2lo
YYYYMMDD

MARSHALL, `VILLIAMS & GORHAM, L.L.P.
ATTORNFA'S AT LAW
WILNIINUEON. NORTH CAROLINA
ALAN A. MARSHALL, (1908-1979)
LONNIE B. WILLIAMS
A. DUMAY GORHAM, IR.
WILLIAM ROBERT CHERRY, IR.
RONALD H. WOODRUFF
LONNIE B. WILLIAMS, IR.
CHARLES D. MEIER
IOHN L. COBLE
F. MURPHY AVERITT III
MATEFIEW B. DAVIS
June 26, 2013
Ms. Georgette D. Scott
NCDENR
127 Cardinal Drive Extension
Wilmington, NC 28405
MAILING ADDRESS
P.O. DRAWER 2088
WILMINGTON, N.C.
28402-2088
TELEPHONE [phone]
FACSIMILE [phone]
www.mwgiaw.com
OFFICES
14 SOUTH FIFTH AVENUE
WILMINGTON, N.C.
28401-4539
E-MAIL:
cdmnnm,-1aw.com
Re: State Stormwater Management Permit No. SW8121105, Lot 438, Section 3,
Phase 11! Oyster Harbour Subdivision, Jude and Sandra Herges
Our File No. 091561
Dear Ms. Scott:
In accordance with the requirements of the above referenced permit, I am enclosing the
following:
1. Recorded Notice of Restriction;
2. Report from the Land Management Group, Inc. dated May 15, 2013.
3. As -Built Survey dated May 28, 2013.
This should complete the requirements of the permit. If your office requires any further
information, please advise.
Yours very truly,
MARSHALL, WILLIAMS & GORHAM, LLP
Charles D. Meier
CDM/mv
Enclosures
cc: Jude A. Herges (w/enclosures)
Adam Beaudoin (w/enclosures)
V:
ECENP
JUN 2 6 2013
BY: ------
-- _.

06-26-2013
I III IIIIII IIIIII II III III III B3423 P0339 11�16:15AOO
Brenda M. Clemmons PROP
Brunswick County, NC Register of Deeds page I of 3
r
P
Pd 0yo0Qina) , rcopw,
Prepared by and return to: Charles D. Meier
MARSHALL, WILLIAMS & GORHAM, L.L.P.
Post Office Drawer 2088
Wilmington, NC 28402-2088
Parcel ID #230LGO15
STATE OF NORTH CAROLINA
NOTICE OF
COUNTY OF BRUNSWICK
NOW COMES Jude A. Herges and wife Sandra L. Herges and give notice that the
property described in Exhibit A attached hereto is subject to and shall be conveyed subject to the
requirements of State Stormwater Management Permit No. SW8 121105, the associated
permeable pavement supplement form and the signed Operation and Maintenance Agreement.
This the A "ilay of June 2013.
Jude
V S" 6"IR-
ft
Sandra L, Herges
2013

II I III III I IIII II I I IIII I II II I I III I I III B3423 P0340 m06-26-2013
o�6: 15.000
Brunswick County, NC Register of Deeds page 2 of 3
STATE OF NO TH CAROLINA
COUNTY OI t VKI IV k—
sCl 1 , a Notary Public in and for the State and County
1, [ r -,0j
aforesaid, do hereby certify that Jude A. Herges personally appeared before me this day and
acknowledged the due execution of the foregoing instrument for the purposes therein expressed.
Witness my hand and gtaH911*0 this the Z��ay of June 2013.
\\�� �PgATHA ��i �J�
`OP o_ p
y� NOUTB KG N6otaryPublic
My Commission expires:. P z
•��O ���J ''��G�SWICK GOJ���\\
STATE OF H CAROLINA
COUNTY OF Mk)
��C O - a Notary Public in and for the State and County
aforesaid, do hereby certify that Sandra L. Herges personally appeared before me this day and
acknowledged the due execution of the foregoing instrument for the purposes therein expressed.
Witness my hand and notarial se
0 1I ABA
My Commission expires:��pa
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IIIIIIIIIIIIIIIIIIIIII IIIIIIII IIIIIII 134z3 P0341 11:16:151
000
Brunswick County, NC Register of Deeds Clemmons PROP
page 3 of 3
Inst 4 188301 Hook 1865Page: 471
Exhibit A
For Jude A. and Sandra L. Herges
TRACT ONE
BEING all of Lot 438, Phase IV, Section 3, of Oyster Harbour Subdivision as set forth in that plat of
survey entitled "Final Plat Phase IV, Section 3" by Brian N. Hobbs, P.L.S., dated July 8, 2002 and
recorded in Map Cabinet 26 at Page 327 in the Office of the Register of Deeds of Brunswick County,
North Carolina.
TRACT TWO (Easement Tract)
A nonexclusive easement over. under and across the below described lands:
BEING 15 feet in width, and beginning at the Southwestern comer of Lot 438 thence along the
Northem right of way line of Stone Crab Court and within Lots 437, 436, and 435 as shown on that
plat of survey described herein above; thence over, under, and across that easement to septic area 3 as
shown on that plat of survey recorded in Map Cabinet 27 at Page 158 in the office of the Register of
Deeds in Brunswick County, North Carolina; thence over, under and across that utility and access
easement shown within septic area 6 as herein above described. Said easement shall be for the purpose
of installing and maintaining lines and other equipment necessary to serve the septic tank drain field
for the use and benefit of the owners of Lot 438. This easement shall tun with the land and shall be for
the use and benefit of the owners of lot 438, Phase IV, Section 3, Oyster Harbour Subdivision, their
heirs and/or assigns.
TRACT THREE (Easement Tract)
BEING an exclusive easement over, under, and across that tract of land designated as 438A consisting
of 6,708 sq. 11. as shown on that plat of survey recorded in Map Cabinet 27, at Page 158 in the Office
of the Register of Deeds, Brunswick County, North Carolina, said easement being for the purpose of
installing and maintaining a drain field and repair area for the use and benefit of the owners of Lot 438,
Phase IV, Section 3 of Oyster Harbour Subdivision. This easement shall be perpetual in nature and
shall run with the land for the use and benefit of the owners of lot 438, Phase IV, Section 3, Oyster
Harbour Subdivision, their heirs and/or assigns.
The easements granted in Tracts Two and Three above shall continue until ninety days after public
sewer becomes available to all lots utilizing the drain fields as shown in the afore described plat of
survey.
TRACTFOUR
BEING a one-third undivided interest in that tract of land, being septic area 6 as shown on that plat of
survey recorded in Map Cabinet 27, at Page 158 of the Office of Register of Deeds in Brunswick
County, North Carolina. Provided however, said conveyance shall be subject to all present and future
easement rights of the owners of Lots 437 and 442 for the establishment of drain fields and repair areas
as designated within the septic area together with all necessary access thereto.
By acceptance hereof, grantees, their heirs and/or assigns hereby covenant and agree that as owners
afore described drain fields, grantees shall be responsible for the care and maintenance of the drain
field area as a "owner" under the terns, covenants, and conditions as set forth in the Declaration of
Covenants, Conditions and Restrictions for Oyster Harbour Planned Community recorded in Book
1402, at Page 1427 of the Brunswick County Registry, together with any amendments, additions or
modifications thereto.
SUBJECT however, to the following:
"A portion of this lot has been determined to meet the requirements for designation as a regulatory
wetland. A 401 Water Quality Certification was issued for this subdivision with the condition that the
regulatory wetland shall conform to the requirements of state wetland rules adopted by the State of
North Carolina in force at the time of the proposed alteration. The property owner shall report the
name of the subdivision in any application pertaining to said wetland rules. This covenant is intended
to insure continued compliance with wetland rules adopted by the State of North Carolina and
therefore benefits may be enforced by the State of North Carolina. This covenant is to run with the
land and shall be binding on all parties and all persons claiming under them"

�D'CG',
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PRELIMINARY OYSTER HA",
S'AAWR
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OYSTER H, RBWR
JUDE k SANDRA HERGES
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name �vz�
GARY GURGANUS
LAND SURAE NG

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LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants May 15,2013
Jude Herges
3323 Stone Crab Court
Supply, NC
Reference: Permitted permeable paved drive serving Oyster Harbour Lot 438 located off
of Oyster Harbour Parkway and Stone Crab Ct. in Lockwoods Folly, NC,
Mr. Herges,
On Thursday, May 09, 2013, Land Management Group, Inc. had the pleasure of
evaluating the permitted stormwater pervious pavement area prior to construction, for Lot
438 in the Oyster Harbor Development, located off of Oyster Harbor Parkway and Stone
Crab Ct. in Lockwoods Folly, NC. The purpose of the evaluation was to test the
infiltrative surface at the interface between aggregate and soil. Two double ring
infiltrometer measurements were taken in the permitted permeable pavement area. I offer
the following guidance.
In June of 2012 LMG evaluated the proposed permeable paved area and
determined that the soils met the minimum criteria for the application of permeable
pavement. The soils at this site are mapped as the Leon soil series in the Soil Survey of
Brunswick County (USDA, 1986). Actual soil boring logs confirmed the proposed
permeable paved area to be a Mandarin soil type with a minor inclusion of the Lynn
Haven series at the front along Oyster Harbour Parkway. An estimated infiltration rate of
the soil was 0.52-1.25 in/hr.
Prior to installation of the permitted permeable pavement and gravel aggregate,
the permitted area was graded and minor amounts of sand fill added to achieve the
permitted grade of 0.5%. DWQ has required that this material be measured with a direct
infiltration test. LMG preformed two double ring infiltrometer measurements within the
permitted area and the results are listed below in Table 1 (See Test Area Map Appendix
A).
V i = Kw (Hw + Lf — hf) / Lf
Where Vi = infiltration rate, Kw = hydraulic conductivity of the wetted Zone,
Hw = the water depth above the soil, Lf = depth of the wetting front, and hf =
pressure head of water at wetted front as described in Methods of Soil Analysis,
Part 1 (A. Mute,1986).
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

Table 1. Double Ring Infiltrometer Data.
Data
Plot
0-11'
in/hr
1-2"
in/hr
Geometric Mean
in/hr
DR1
2.62
3.84
3.17
DR2
1.17
1.43
1.29
Geometric Mean All
2.03
The results of the double ring infiltrometer test indicated that the infiltrative
surface had a receiving rate that ranged between 1.17 in/hr and 3.84 in/hr, with a
cumulative geometric mean of 2.03 in/hr. This rate exceeds the estimated rate of 0.54-
1.25 in/hr and should perform more than adequately with the designed permeable paved
material and aggregate.
In summary, LMG has performed a site specific evaluation within the stormwater
BMP areas. The required tests by NC DENR DWQ were collected and the
measurements indicated that the soil infiltrative surface should perform more than
adequately with the permitted permeable pavement driveway. Please do not hesitate to
contact me if you have any questions with this report. As with any project of this nature
the appropriate government agencies will have the final permitting authority. I may be
reached at 910-452-0001, 910-471-0505 or at [e-mail] .
Sincerely,
Nick Howell
NC Licensed Soil Scientist #1294
Land Management Group, Inc.

i
0 Double Ring Test Oyster Harbor Lot 438
0 Permitted Permeable Pavement Permeable Pavement
Area Evaluation
----------------------- -- - ------ —
Test Area Sketch
May 15, 2013 Job# 03-12-122
- Site Drawing from 2013 Survey by Gary
Gurganus Land Surveying with LMG site
testing overlay.
- Drawing is NOT to Scale.
-THIS IS NOT ASURVEY.
Land Management Group, Inc.
Environmental Consultants
PO BOX 2522
Wilmington, N.C. 28402
www.LMGroup.net
1-866-LMG-1078
(910)-052-0060 fax

SW8121105 - Lot 438 Section 3 Phase IV Oyster Harbour Subdivision
DWQ Review: 3/5/13
Impervious Credit
Total Impervious (Not Counting Perm. Pave Credit)
7,478
ft2
Existing Impervious Footprint of Building
5,058
ft2
Proposed Impervious Concrete
120
Proposed Impervious Concrete Walkway
315
ft2
Permeable Pavement (Surface Area Being Proposed Before Credit Assigned), AP:
1,985
ft2
Treated as Grass (50%) (b/c Class CSoils)
993
ft2
Treated as Impervious (50%) (b/c Class CSoils)
993
ft'
Total Impervious Proposed (Accounting for Perm Pavement)
6,486
ft2
Max Allowed on Project By Current Permit
6,500
ft2
Is the Project within Max Allowed BUA?
y
Elevations
Top of Permeable Pavement
30.50
msl
Bottom of Permeable Pavement
30.17
msl
Bottom Base/Subgrade
29.84
msl
Boring #2
Existing Grade Elevation Where Boring Was Taken
29.0
msl
Depth to SHWT
26.00
in
SHWT at B2
26.8
msl
Depth Bottom Base to SHWT (2ft min)
3.0
Ift
Depth Aggregate
Depth Aggregate Provided (per elevations on supplement)
0.33
ft
3.96
in
Depth Aggregage Provided (per supplement)
I 6.00
in
Depth Aggregate Required: This is DwQ unless they want to waive the bypass by infiltrating the 10yr24hr storm in which case
the depth is Dlo. If Dlo is negative, then the aggregate depth needed to infiltrate the 10yr24hr storm is DwQ.
Aggregrate Depth for WQ Storm, DwQ:
3.75
in
Depth of Water Quality Storm, PwaterQuali
1.5
in
Ratio of "Additional BUA" to "Permeable BUA", R=Ar/AP
0.0
-
Additional/Adjacent BUA (Roofs etc Draining to Perm Pave), A c:
0
ft2
Permeable BUA (Surface Area of Perm Pavement Proposed) , AP:
1,985
ft2
Porosity, n
40.0%
-
Aggregrate Depth for 10yr24hr Storm, Dlo:
3.05
in
Depth of 10yr24hr Storm, Pio:
7.22
in
Duration of Storm (24hr), d
24.0
hr
Infiltration Rate (in -situ), i
1.25
in/hr
Safety Factor (20%), SF
0.2
_
Ponding Time
Ponding Time of Water Quality Storm, TwaterQuali
0.25
days
Reported,Tw.,rQuoj;r (percalcs):
INot reported
days
Ponding Time of 10 r24hr. TIO:
1.20
days
Reported, Tlo (per supplement/colcs):
1.20
days

Johnson, Kelly It-1 #a
From:
Johnson, Kelly
Sent:
Thursday, February 14, 2013 8:46 AM
To:
'Danny Sparkman'
Cc:
jude herges
Subject:
RE: HERGES
Danny,
Thank you for updating the design calculations. I went through the data submitted on Friday. However, I still have not
received the elevation data requested in the 12/6/12 letter. I have summarized what I have from the most recent plans
(received on 1/30/13) below. There are two borings taken in the permeable pavement area. I understand from
previous correspondence that the existing grade at boring #3 was 29.Omsl. What was the existing grade at Boring #2?
(Boring #1 is not in the permeable pavement area.) Also, it appears from the supplement submitted on 2/8/13 that the
data on the plans may have changed. For instance, it says that the bottom elevation at subgrade is 28.34 per the most
recent supplement but the plans show 28.5. Other elevations have changed as well. The plans, the calculations, and the
supplement must show consistent data and the depth to the SHWT must be at least 2ft. Please revise the documents
accordingly. Additionally, the calculations submitted are not stamped. Please submit stamped/signed/dated
calculations.
Please submit this information by 2/28/13.
Thanks,
Kelly
Elevations
Top of Permeable PavemerR
Bottom of Permeable Pavemerd
i
Botborn Base
429.01ma
Md 12
t3dstl Grade 9evaden Where Berl WasTatwn
tosHw
SHWrat02
2S
msl
DEpth 8nthwofimeaoSHW n
Z7
Bydstl Glade Bevatlan Where WdngWasTakEn
29.01md
DepthtoSHWT
25.O11n
SHWrat B3
I 2&9lnW
001100 SothomficwtoSAW "Oh
17
From: Danny Sparkman[mailto:danny.soarkmanCobgmail.com]
Sent: Friday, February 08, 2013 3:44 PM
To: Johnson, Kelly
Cc:jude herges
Subject: HERGES
Kelly,
Attached is the revised supplement and calculations.
I have used the max infitration rate as determined by Land Management Group.

EVERETT G. GRAHAM, P.E.
159 BRUNSWICK AVE EAST
HOLDEN BEACH, NC 28462
[phone]
3UDE & SANDRA HERGES
3323 STONECRAB COURT
SUPPLY, NC
AGGREGATE DEPTh � L)")
n o.tio
3-75 n
0.40
/AGGRE6ATE
blD- Po (I+Ri-dxixSF D _ -7.7
D(� _� 6 r b �- _ 3 in
OD n �o - 0.�io
Poa0,16 -% i-, E- ( (),a a?)
P= P c I+ R) 1. s c i, oo�
ZN,,(SF7c i �= 24-A 0.2X 1.75
�= '.,5 1 )
Q.2s DAYS
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DAY 5 - 02 971
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2 $- 2013

Construction Sequence to Minimize Soil Compaction
• Hold a preconstruction meeting to ensure contractors understand the
need to prevent compaction and clogging of the pavement surface.
• Review the erosion and sediment control plan.
• Identify the aggregate material storage area.
• Identify access routes for delivery and construction vehicles.
• Have areas adjacent to the permeable pavement site stabilized with
vegetation.
• Establish construction access to other portions of the site.
• Schedule when the weather forecast calls for a window of dry weather.
• Have all permeable pavement areas clearly marked on the site.
• Excavate in dry subsoil conditions.
• Do not allow equipment to cross the pavement area after excavation has
begun.
• Operate excavation equipment from outside the pavement area.
• Use equipment with tracks rather than tires to minimize soil
compaction.
• Dig the final 9 to 12 inches by using the teeth of the excavator bucket to
loosen the soil. Final grading or smoothing of the subgrade should be
done by hand if possible.
• Minimize the time between excavation and placement of the aggregate.
EUVE
FEB 2 7 2013
BY:

Johnson, Kelly
From: Johnson, Kelly
Sent: Tuesday, February 05, 2013 3:29 PM
To: 'Danny Sparkman'
Cc: 'jude herges'
Subject: RE: Jude Herges Driveway Application
Attachments: 2013 02 excel —PP 121105.pdf; 2013 02 excel —PP 121105.xlsx
Danny,
This is my VERY QUICK summary of what I am looking for. I quickly copied the calculations from the BMP Manual, but if
you find an error in the calcs please let me know because I was just trying to generate a quick example. Both files
attached show the same thing, different formats.
If design changes will be necessary please let me know. This project has been in-house for longer than we try to keep
them, and so I will have to consult my supervisor about how to proceed if additional time is necessary.
Thanks,
Kelly
From: Johnson, Kelly
Sent: Tuesday, February 05, 2013 2:50 PM
To: 'Danny Sparkman'
Cc: 'Jude herges'
Subject: RE: Jude Herges Driveway Application
Danny,
Let me go through what you have sent and get back to you tomorrow. For instance, the depth of the 10yr24hr storm
(P10) is Sin in the calcs, but is 7.22in per NOAA (attached). 1 haven't gone through the whole submittal yet though...
am in the middle of something else right now but I will try to look at this in the morning.
KJ
From: Johnson, Kelly
Sent: Tuesday, February 05, 2013 2:23 PM
To: 'Danny Sparkman'
Subject: RE: Jude Herges Driveway Application
Can you add some calcs showing that so that we will have that for the file?
From: Danny Sparkman [mailto:danny.sparkman(-Ogmail.com]
Sent: Tuesday, February 05, 2013 2:19 PM
To: Johnson, Kelly
Subject: Re: Jude Herges Driveway Application
infiltrated
On Tue, Feb 5, 2013 at 1:50 PM, Johnson, Kelly <kelly.p.johnson ncdenr.gov> wrote:
Danny,

i i,
I haven't gone through this in detail, but I don't see reference to the 10yr storm. How is it being handled (bypassed or
infiltrated)?
Kelly
From: Danny Sparkman[mailto:danny.sparkmanColgmail.com]
Sent: Tuesday, February 05, 2013 1:24 PM
To: Johnson, Kelly
Cc:jude herges
Subject: Jude Herges Driveway Application
Kelly,
Attached are forms for Jude Heges' pervious concrete driveway application.
Mr. Herges will also deliver copies to your office.
Thank you,
Danny Sparkman
2

Johnson, Kelly
From: Johnson, Kelly
Sent: Monday, February 04, 2013 8:31 AM
To: '[e-mail]'; '[e-mail]'
Cc: 'Charles Meier'
Subject: FW: BOD approval
Attachments: 2012 12 addinfo_2 1121105.pdf; 2012 12 addinfo_1 121105.docx
Mr. Herges,
The footprint/dripline issue has been resolved. We will use the footprint method. But, I still have not received all of the
items from my 12/6/12 letter. I have attached that letter as well as the follow up email. Will items #1 and #2 be
submitted separately?
Thanks,
Kelly
From: Johnson, Kelly
Sent: Monday, February 04, 2013 8:25 AM
To: 'Adam M. Beaudoin - 4847'
Cc: Amy P. Wang - 5516; 'Charles Meier'
Subject: RE: BOD approval
Mr. Beaudoin,
Thank you for your email verifying that the HOA will use the footprint method for BUA determination. I have a few
unrelated remaining items that I still need to receive from Mr. Herges before the permit is issued, but we will proceed
with the footprint method.
Kelly
From: Adam M. Beaudoin - 4847 [mailto:AMBCalwardandsmith.com]
Sent: Friday, February 01, 2013 12:56 PM
To: Johnson, Kelly
Cc: Amy P. Wang - 5516
Subject: FW: BOD approval
Ms. Johnson:
The Board of Directors of Oyster Harbour Homeowners Association had a board meeting last night at 7:00 pm and
approved the following be sent to your office for the purposes of verifying that the Association is using the footprint
method to measure Mr. Herges maximum built upon area.
It is my understanding that this is the final piece of information your office needs in order to move forward with Mr.
Herges application. Please contact me immediately if I misunderstand the situation or you need anything further from
the Association regarding this matter.
Yours very truly,
Adam M. Beaudoin

,Jwz 1a,]us
P,op �swH �o��Rtnn f(lEztro�
Johnson, Kelly
From: Adam M. Beaudoin - 4847 [[e-mail]]
Sent: Friday, February 01, 2013 12:56 PM
To: Johnson, Kelly
Cc: Amy P. Wang - 5516
Subject: FW: BOO approval
Ms. Johnson:
The Board of Directors of Oyster Harbour Homeowners Association had a board meeting last night at 7:00 pm and
approved the following be sent to your office for the purposes of verifying that the Association is using the footprint
method to measure Mr. Herges maximum built upon area.
It is my understanding that this is the final piece of information your office needs in order to move forward with Mr.
Herges application. Please contact me immediately if I misunderstand the situation or you need anything further from
the Association regarding this matter.
Yours very truly,
Adam M. Beaudoin
Adam M. Beaudoin
Attorney
Ward and Smith, P.A.
127 Racine Drive I University Corporate Center (28403)
Post Office Box 7068 I Wilmington, NC 28406-7068
P: 910.794.48471 F: 910.794.4877 1 C: 910.540.4868
V-card I �.wardandsmith.com
If you have received this confidential message in error, please destroy it and any attachments without reading, printing, copying or
forwarding it. Please let us know of the error immediately so that we can prevent it from happening again. You may reply directly to.
the sender of this message. Neither the name of Ward and Smith, P.A. or its representative, nor transmission of this email from Ward
and Smith, P.A., shall be considered an electronic signature unless specifically stated otherwise in this email by a licensed attorney
employed by Ward and Smith, P.A. Thank you.
y Please consider the environment before printing this email.
From: Katie Patnode [mailto:katie()casnc.com]
Sent: Friday, February 01, 2013 9:11 AM
To: Adam M. Beaudoin - 4847
Subject: FW: BOD approval
The board unanimous approved the below statement to be sent to DENR. Let me know if you have any questions or
concerns.
Thank you,
CKJAC waft&- CMCA®
CommunityManager
S, Inc.

Wilmington Branch
1213 Culbreth Dr. Ste 112
Wilmington, NC 28405
(P)910-509-7197 x1301
(F) 910-509-7198
katie .casnc.com
"The information in this email, and in any attachments, may contain confidential information and is intended solely for
the attention and use of the named addressee(s) only. It must not be disclosed to any person without authorization. If
you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are not
authorized to, and must not, disclose, copy, distribute or retain this message or any part of it."
From: Carla [mailto:sznomad(a)aol.coml
Sent: Thursday, January 31, 2013 8:18 PM
To: inedross(alatmc.net; 79shark(datmc.net; ssdshopeCalaol.com
Cc: katie(olcasnc.com; hmgallagherOatmc.net
Subject: BOD approval
Dear Katie,
As per our telephone conversation, the board has approved the following message to be sent to Adam for forwarding to
DENR.
The Board of Directors has approved, for the purpose of submittal to DENR, the location of Mr. Herges
driveway as depicted on the map provided to the Board of Directors on January 31, 2013 and submitted to
DENR and that the Association is using the footprint method to calculate Mr. Herges maximum built upon area.
Mr. Herges understands and agrees that he must submit any plan approved by DENR to the Association for
final review and approval by the Association.
Carla Wisniewski, President
Oyster. Harbour HOA
sznomadpaol.com
No virus found in this message.
Checked by AVG - www.avg.com
Version: 2013.0.2897 / Virus Database: 2639/6070 - Release Date: 01/31/13

Johnson, Kelly
From: Johnson, Kelly
Sent: Friday, February 01, 2013 12:44 PM
To: 'Charles Meier'; [e-mail]
Cc: Lewis,Linda
Subject: RE: Oyster Harbour Subdivision, Stormwater Issue
Mr. Meier,
I know that you met with Linda a while back, but I was not at that meeting. You and I spoke briefly in the lobby that day,
but I will have to defer to her for affirmation of what you all decided.
KJ
From: Charles Meier [mailto:[e-mail]]
Sent: Friday, February 01, 2013 11:22 AM
To: Johnson, Kelly; [e-mail]
Cc: Lewis,Linda
Subject: RE: Oyster Harbour Subdivision, Stormwater Issue
Ms. Johnson, it was my understanding after meeting with you and Linda (after this email) that the only thing required
was that the HOA state that it used the footprint method when it approved the Herges plan.
Charles D. Meier'
MARSHALL, WILLIAMS & GORHAM, L.L.P.
14 S. Fifth Street
Wilmington, NC 28401
Phone: [phone]
Fax: [phone]
This message may contain information that is attorney work product, attorney -client privileged or otherwise confidential. If you are not an intended recipient, the use
or disclosure of this message is strictly prohibited. if you received this message in error, please notify the sender by reply e-mail, and delete the message and any
attachments.
As provided for in U.S. Treasury regulations, any advice relating to federal taxes that is contained in this communication cannot be used for the purpose of avoiding
any penalties that may be imposed under the Interal Revenue Code.
Please be advised that this is a communication from a debt collector and any information obtained may be used for that purpose.
From: Johnson, Kelly[mailto:kelly.pjohnsonOncdenr.aov]
Sent: Friday, February 01, 2013 11:13 AM
To: ambOwardandsmith.com; Charles Meier
Cc: Lewis,Linda
Subject: Oyster Harbour Subdivision, Stormwater Issue
Adam and Charles,
I have been in contact with both of you about this project, and so in order to hopefully ease this process I decided to
contact the two of you simultaneously. Here is the text of an email I sent to Mr. Herges on 1/10/13. Hopefully this will
clarify what we are looking for.
Thanks,
Kelly
Mr. Herges,

I apologie the number of emails this morning, but there has been a lot of discussion about the project today. Since my
last email I have learned more history about this situation. I understand that the HOA had reviewed your application to
them under the dripline method and that you had then contacted the Division for guidance as to which method (dripline
or footprint) to use. The reason that the Division is requiring the dripline method is to be consistent with the HOA's
review. If the HOA has revised the ARC Guidelines, which they eluded to doing in the May 2012 President's Report such
that they can now re -review your application under the footprint method rather than the dripline method then please
forward a copy of the revised ARC Guidelines to DWQ. The ARC guidelines should specify that the footprint method
should only be applied when normal 12-24in overhangs are involved, and not when there are larger "overhangs" that
are essentially porches.
It is my understanding that the reason that the HOA can revise the ARC Guidelines if they so choose is because the
subdivision is not located in an Ocean Hazard Area of Environmental Concern (AEC). When the HOA contacted me about
this in 2011, the Division was enforcing the dripline method in accordance with the 1995 memo referenced in the May
2012 President's Report. Since that time, the DWQ has been informed by the Division of Coastal Management (DCM)
that the dripline method is only required in Ocean Hazard AECs per the DCM regulations. The DWQ has therefore
revised our guidance on how this requirement is implemented, and the dripline method is now only required in Ocean
Hazard AECs.
If you can provide a copy of the revised ARC Guidelines approving the appropriate footprint method as described above
then we can proceed with reviewing your application under the footprint method. However, our approval will be
contingent upon your receiving the HOA's approval under the same footprint method. If the ARC Guidelines have not
been amended, then we will have to proceed with reviewing your project under the dripline method.
Kelly
*** My email has changed to kellv.o.4ohnson0ricdenr.eov
K.e���ohwsow
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
Spam
Not spam
Forget previous vote

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, January 31, 2013 8:26 AM
To: Johnson, Kelly; 'Charles Meier'
Cc: '[e-mail]'
Subject: RE: SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
Mr. Meier,
Mr. Herges dropped off a package yesterday for this project, so I am just following up to see if you were able to work
with the other lawyer to resolve the dripline v/s footprint issue?
Thanks,
Kelly
From: Johnson, Kelly
Sent: Tuesday, January 15, 2013 2:50 PM
To: 'Charles Meier'
Cc: iudeherges(cbyahoo.com
Subject: RE: SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
Charles,
We will extend the deadline until 2/5/13. The project came in on 11/5/12 and the deadline has already been extended
quite a bit.
Thanks,
Kelly
From: Charles Meier [mailto:[e-mail]]
Sent: Tuesday, January 15, 2013 2:33 PM
To: Johnson, Kelly
Cc: iudehergesnyahoo.com
Subject: SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
Ms. Johnson, as we discussed this morning my client Jude Herges is requesting a 30 day extension of his permit
application. I believe the current application expires January 18, 2013. 1 need additional time to discuss the issues
holding up approval of the application with the HOA's atty.
Thank you,
Charles D. Meier
MARSHALL, WILLIAMS & GORHAM, L.L.P.
14 S. Fifth Street
Wilmington, NC 28401
Phone: [phone]
Fax: [phone]
This message may contain information that is attorney work product, attorney -client privileged or otherwise confidential. If you are not an intended recipient, the use
or disclosure of this message is strictly prohibited. if you received this message in error, please notify the sender by reply e-mail, and delete the message and any
attachments.
As provided for in U.S. Treasury regulations, any advice relating to federal taxes that is contained in this communication cannot be used for the purpose of avoiding
any penalties that may be imposed under the Interal Revenue Code.

Johnson, Kelly
From: Johnson, Kelly
Sent: Monday, January 14, 2013 9:15 AM
To: 'Jude Herges'
Subject: RE: FW: SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
Jude,
My supervisor has been out of the office unexpectedly since Wednesday, and I need to discuss this with her. Hopefully
she will be back tomorrow.
1.
From: Jude Herges (mailto:[e-mail]]
Sent: Thursday, January 10, 2013 4:11 PM
To: Johnson, Kelly
Subject: Re: FW: SW8 12110S, Lot 438 Oyster Harbour Permeable Pavement
Kelly,
My plan was approved by Foot Print on 10/27/2009, The note on the front page states "dimensions to structure
are to face of framing (U.N.O.)"
On May15, 2012 I got a letter from the 0I-1 BOD which states," Based on new information recived to day by
the Board of Directors of the Oyster Harbour Homeower's Association from NC DENR, approvel of the
landscape plan including the driveway submitted by you and dated 12/5/2011 is hereby granted"
The 12/5/2011 used the foot print not the drip line to arive at the BUA.
Jude
--- On Thu, 1110113, Johnson, Kelly <ke//v.pJohnson(ancdenr.gov> wrote:
From: Johnson, Kelly <[e-mail]>
Subject: FW: SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
To: "Jude Herges" <judeher es yahoo.com>
Cc: "Lewis,Linda" <[e-mail]>, "Danny Sparkman" <[e-mail]
"Scott, Georgette" <[e-mail]>
Date: Thursday, January 10, 2013, 4:42 PM
Mr. Herges,
I apologize the number of emails this morning, but there has been a lot of discussion about the project
today. Since my last email I have leamed more history about this situation. I understand that the HOA
had reviewed your application to them under the dripline method and that you had then contacted the
Division for guidance as to which method (dripline or footprint) to use. The reason that the Division is
requiring the dripline method is to be consistent with the HOA's review. If the HOA has revised the

ARC Guidelines, which they eluded to doing in the May 2012 President's Report such that they can
now re -review your application under the footprint method rather than the dripline method then please
forward a copy of the revised ARC Guidelines to DWQ. The ARC guidelines should specify that the
footprint method should only be applied when normal 12-24in overhangs are involved, and not when
there are larger "overhangs" that are essentially porches.
It is my understanding that the reason that the HOA can revise the ARC Guidelines if they so choose is
because the subdivision is not located in an Ocean Hazard Area of Environmental Concern (AEC).
When the HOA contacted me about this in 2011, the Division was enforcing the dripline method in
accordance with the 1995 memo referenced in the May 2012 President's Report. Since that time, the
DWQ has been informed by the Division of Coastal Management (DCM) that the dripline method is
only required in Ocean Hazard AECs per the DCM regulations. The DWQ has therefore revised our
guidance on how this requirement is implemented, and the dripline method is now only required in
Ocean Hazard AECs.
If you can provide a copy of the revised ARC Guidelines approving the appropriate footprint method as
described above then we can proceed with reviewing your application under the footprint method. However,
our approval will be contingent upon your receiving the HOA's approval under the same footprint method. If
the ARC Guidelines have not been amended, then we will have to proceed with reviewing your project under
the dripline method.
Kelly
From: Johnson, Kelly
Sent: Thursday, January 10, 2013 9:55 AM
To: Jude Herges
Cc: Danny Sparkman; Lewis,Linda; Scott,. Georgette
Subject: FW: SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
Jude,
I should have also included that the May 2012 HOA President's report says that they had altered their approach to allow
the footprint based on Linda's email in which said she thought that the HOA was using the footprint method. It appears
that she thought the HOA was using the footprint method based on information she received from you. But, that
information appears to have been a surprise to the HOA per the May 2012 President's report. If this is the case, then both
the HOA and the DWQ have been using the dripline method from the beginning. Since the HOA now incorrectly believes
that the DWQ wants them to use the footprint method, we will follow up with a letter to the HOA clarifying this matter
and directing them to use the dripline method as they had historically been doing so that this misunderstanding will not be
continued into the future.

KJ
From: Johnson, Kelly
Sent: Thursday, January 10, 2013 9:29 AM
To: Jude Herges
Cc: Lewis,Linda; Danny Sparkman
Subject: RE: SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
Mr. Herges,
1 have attached the May 2012 President's report which you provided to the Division. To paraphrase it says that the ARC
has been measuring BUA with the dripline per a 1995 NCDENR memo. When they contacted me in 2011 1 confirmed
the dripline requirement. In May 2012 the HOA's attorney contacted Linda. Linda responded, "My understanding for
Oyster Harbour is that the HOA started out using the footprint method tojudge compliance and this is the method that
should be continued for all of the lots covered by this permit." The HOA President then goes on to say, "We do not know
why Ms. Lewis thinks the HOA started out using the footprint..." I have also reviewed Linda's 1/7/13 email to you
which is also attached which says, "my comments to you regarding the use of the `footprint' method were made under the
assumption that your allegation was true." Perhaps you have misunderstood the HOA's application of this requirement
for other homes in your neighborhood. But, per the HOA President they have, in fact, been using the dripline method
since the beginning. I will look forward to receiving your application on 1/18/13 reflecting the dripline method, the
information from my 12/6/12 letter, and the information from my 12/12/12 email.
Kelly
From: Lewis,Linda
Sent: Wednesday, January 09, 2013 8:49 AM
To: Danny Sparkman
Cc: Jude Herges; Johnson, Kelly
Subject: RE: SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
That will be up to the reviewer. 1 believe Ms. Johnson has allowed a time extension for this project already. We are under
certain time constraints for issuing permits. If we are already close to the end of our time, and the permit cannot be issued
because Mr. Herges needs additional time to collect information from the HOA, then it may be best to return the project
until such time as it can either be resubmitted as is, or modified and resubmitted.
Linda Lewis
NC Division of Water Quality

127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: Danny Sparkman [mailto:danny.snarkman(@,Pmaii.com
Sent: Wednesday, January 09, 2013 8:44 AM
To: Lewis,Linda
Cc: Jude Flerges; Johnson, Kelly
Subject: Re: SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
Linda,
1 met with Mr. Herges yesterday to discuss the method used for calculating BUA.
We would like to know if the deadline for submittal is still January 18th or will he be allowed
additional time to try and rectify the question of the method that has been used for calculating BUA
in the past at Oyster Harbour.
Thank you,
Danny Sparkman
[phone]
On Mon, Jan 7, 2013 at 10:47 AM, Lewis,Linda <linda.lewisna ncdenr.gov> wrote:
Mr. Herges:
This all started when you alleged that the HOA required you to apply the dripline method to your lot for purposes of
calculating BUA, when they had not done so for any previous lots. After I sent my letter to the HOA, someone sent me a
copy of a letter from Ms. Ross indicating that the HOA had applied the dripline method from day one.
For clarification, the "dripline" method is where the roof overhangs are extended straight down to the ground and included
in the BUA calculation. The "footprint' method is where normal 12"-24" roof overhangs are not counted as built -upon
area. It is possible that the HOA is not clear on the difference between the dripline and the footprint method.

If the HOA has indeed applied the dripline method to every lot for purposes of determining compliance with the BUA
limits, then any application from a lot in the subdivision for permeable pavement submitted to the Division for review
must necessarilyfollow that same methodology, including yours.
My comments to you regarding the use of the "footprint' method were made under the assumption that your allegation
was true. Unless you can offer proof that the HOA is approving lots under the footprint method, you must revise your
application accordingly to reflect the dripline method.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: Jude Herges [mailto:judeher es yahoo.coml
Sent: Wednesday, December 19, 2012 1:56 PM
To: Johnson, Kelly
Cc: Danny Sparkman; Lewis,Linda
Subject: RE: SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
Dear Kelly,
Thank you for extending the deadline for submission of additional information.
I was reviewing your letter dated December 6, 2012, and the attached letter dated May 18, 2012, written by
Linda. As I read it, Item 91 clearly speaks to the issue of calculation of driplines as applied to my project. My
understanding is that driplines are not to be used in calculating the BUA for my design. It is my hope that when
you review this document you come to the same conclusion.

Jude
--- On Wed, 12/19/12, Johnson, Kelly <ke//P.PJohnson(a)ncdenr.mov> wrote:
From: Johnson, Kelly <ke_lly.p.johnson ,ncdenr.gov>
Subject: RE: SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
To: "Jude Herges" <judeherges yahoo.com>
Cc: "Danny Sparkman" <danny.sparkman ct,gmail.com>, "Lewis,Linda" <linda.lewis a ncdenr.gov>
Date: Wednesday, December 19, 2012, 1:58 PM
Jude,
Linda is out of the office until 1/7/13. 1 discussed this with her last week, and my previous email was in line with what
was told. I have not been involved with the discussions about the dripline, and so I will have to wait on her to weigh in on
this if there is a discrepancy. Since the dripline was not included in your design I will extend the due date until 1/18/13
so that it can be revised if needed pending Linda's input.
Thanks,
Kelly
From: Jude Herges [maiIto: judehergesQyahoo.com]
Sent: Tuesday, December 18, 2012 3:44 PM
To: Johnson, Kelly
Cc: Danny Sparkman; Lewis,Linda
Subject: Re: SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
Kelly,
Thank you for your prompt follow up
However, I am confused by #4 which states "Linda has received confirmation from the HOA that they are using
the dripline to determine the BUA footprint. I believe that your design does as well,"
I received an e-mail from Linda on June 5,2012, which states "Keep in mind that the method I am going to use
to check that you have not exceeded the 6500 sf allocation is not going to include overhangs."
My design, which was approved by the HOA, did not include the overhangs.
Additionally, in the May 2012 Oyster Harbour President's Report, Joan Ross reports that to clear up some
confusion, from here on, Oyster Harbour HOA ARC will not be including overhangs to arrive at the 6500 sf
calculation.
Please clarify as to whether or not the dripline is to be included or not. For background information, would you
like me to send you a copy of my referenced documentation?
Sincerely,
Jude

In the Oyster Harbour President's Message
--- On Wed, 12/12/12, Johnson, Kelly <kelly.n.iohnson(d)ncdenr.gov> wrote:
From: Johnson, Kelly <kelly.p.johnson .ncdenr.eov>
Subject: SW8 121105, Lot 438 Oyster I -[arbour Permeable Pavement
To: "[e-mail]" <ludeher eg_s a@.vahoo.com>, "gary ur n,gmail.com"
<gary ur amail.com>
Cc: "Lewis,Linda" <linda.lewis q.ncdenr.gov>
Date: Wednesday, December 12, 2012, 5:20 PM
Jude & Gary,
I talked to Linda Lewis about this application today after she received a status request for it and have the
following amendments to the December 61h letter:
#4: Linda has received confirmation from the HOA that they are using the dripline to determine the BUA
footprint. I believe that your design does as well, and if so please disregard this request.
#5: There was an email on file that questioned whether the deed restrictions on file covered the appropriate
section of the development. Linda has discussed this with the attorneys, and this has been resolved. Please
disregard this request.
92: While looking through the plans, it came to my attention that the soils are Class C soils (see the attached
soils data for Brunswick County, Mandarin Soil Series as referenced in the soils report). Class C soils receive
only 50% of pervious credit rather than 75% (see page 18-1 of the BMP Manual,
http://portal.ncdenr.orgJweb/wq/ws/suibmp-chl8).) The supplement form submitted said "mandarin soil" as the
hydrologic soil group as opposed to "C" soil so this did not catch my attention when this first came in. Please
make the necessary adjustments to the design and application package.
Kelly
*** My email has changed to kellv.a.iohnsonna,ncdenr.eov
Kelly Johnson
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties.

Johnson, Kelly
From: Nicholas Smith [[e-mail]]
Sent: Friday, January 11, 2013 3:17 PM
To: Johnson, Kelly
Subject: RE: RE:
Miss Johnson.
My numbers are:
Home 910-846-2281
cell 910-880-0626
Nick Smith
From: Johnson, Kelly [mailto:[e-mail]]
Sent: Friday, January 11, 2013 7:43 AM
To: Nicholas Smith
Cc: Jude Herges
Subject: RE: RE:
Nick,
I got your voicemail asking me to call you, but I don't have your phone number? Also, are you on the HOA or are you
working with Mr. Herges with the design? I have several things scheduled for today, but I will try to work on this as time
allows.
Thanks,
KJ
From: Nicholas Smith [mailto:nhs000h(&atmc.net]
Sent: Thursday, January 10, 2013 3:11 PM
To: Johnson, Kelly
Subject: RE:
Dear Miss Johnson,
What I sent you was the most recent version posted on the Oyster Harbour web site that we are required to reference.
Thanks for your attention,
Nick
From: Johnson, Kelly [mailto:[e-mail]]
Sent: Thursday, January 10, 2013 2:26 PM
To: Nicholas Smith
Cc: Jude Herges
Subject: RE:
Nicholas & Jude,
This document is from 2010, and I do not see any note about a revision to allow the footprint method? Did you mean to
send a version from -May 2012? The President's Report discussed a possible change around that timeframe.
Thanks,
Kelly

jw$ llallos
Johnson, Kelly
From: Lewis, Linda
Sent: Monday, January 07, 2013 10:48 AM
To: Jude Herges; Johnson, Kelly
Cc: Danny Sparkman
Subject: RE: SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
Mr. Herges
This all started when you alleged that the HOA required you to apply the dripline method to your lot for
purposes of calculating BUA, when they had not done so for any previous lots. After I sent my letter to the
HOA, someone sent me a copy of a letter from Ms. Ross indicating that the HOA had applied the dripline
method from day one.
For clarification, the "dripline" method is where the roof overhangs are extended straight down to the ground
and included in the BUA calculation. The "footprint' method is where normal 12"-24" roof overhangs are not
counted as built -upon area. It is possible that the HOA is not clear on the difference between the dripline and
the footprint method.
If the HOA has indeed applied the dripline method to every lot for purposes of determining compliance with the
BUA limits, then any application from a lot in the subdivision for permeable pavement submitted to the Division
for review must necessarily follow that same methodology, including yours.
My comments to you regarding the use of the "footprint" method were made under the assumption that your
allegation was true. Unless you can offer proof that the HOA is approving lots under the footprint method, you
must revise your application accordingly to reflect the dripline method.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Jude Herges [mailto:[e-mail]]
Sent: Wednesday, December 19, 2012 1:56 PM
To: Johnson, Kelly
Cc: Danny Sparkman; Lewis,Linda
Subject: RE: SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
Dear Kelly,
Thank you for extending the deadline for submission of additional information.
I was reviewing your letter dated December 6, 2012, and the attached letter dated May 18, 2012, written by
Linda. As I read it, Item #1 clearly speaks to the issue of calculation of driplines as applied to my project. My
understanding is that driplines are not to be used in calculating the BUA for my design. It is my hope that when
you review this document you come to the same conclusion.
Jude

--- On Wed, 12/19/12, Johnson, Kelly <ke/ly.pJohnsonnancdenr.pov> wrote:
From: Johnson, Kelly <kelly.p.johnson ,ncdenr.gov>
Subject: RE: SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
To: "Jude Herges" <judeherges2yahoo.com>
Cc: "Danny Sparkman" <danny.sparkmanna,gmail.com>, "Lewis,Linda" <linda.lewisna.ncdem.gov>
Date: Wednesday, December 19, 2012, 1:58 PM
Jude,
Linda is out of the office until 1/7/ 13. 1 discussed this with her last week, and my previous email was in line witt
what I was told. I have not been involved with the discussions about the dripline, and so 1 will have to wait on
her to weigh in on this if there is a discrepancy. Since the dripline was not included in your design I will extend
the due date until 1/18/13 so that it can be revised if needed pending Linda's input.
Thanks,
Kelly
From: Jude Herges [mailto:judeher es vahoo.comj
Sent: 'Tuesday, December 18, 2012 3:44 PM
To: Johnson, Kelly
Cc: Danny Sparkman; Lewis,Linda
Subject: Re: SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
Kelly,
Thank you for your prompt follow up.
However, I am confused by #4 which states "Linda has received confirmation from the HOA that they are using
the dripline to determine the BUA footprint. I believe that your design does as well,"
I received an e-mail from Linda on June 5,2012, which states "Keep in mind that the method I am going to use
to check that you have not exceeded the 6500 sf allocation is not going to include overhangs."
My design, which was approved by the HOA, did not include the overhangs.

Additionally, in the May 2012 Oyster Harbour President's Report, Joan Ross reports that to clear up some
confusion, from here on, Oyster Harbour HOA ARC will not be including overhangs to arrive at the 6500 sf
calculation.
Please clarify as to whether or not the dripline is to be included or not. For background information, would you
like me to send you a copy of my referenced documentation?
Sincerely,
Jude
In the Oyster Harbour President's Message
--- On Wed, 12/12/12, Johnson, Kelly <kelly.a.iohnson(amedennkov> wrote:
From: Johnson, Kelly <kelly.p.johnson ,ncdenr. ov>
Subject: SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
To: "judeher es ,yahoo.com" <judehereesQyahoo.com>, "[e-mail]"
<[e-mail]>
Cc: "Lewis,Linda" <[e-mail]>
Date: Wednesday, December 12, 2012, 5:20 PM
Jude & Gary,
I talked to Linda Lewis about this application today after she received a status request for it and have the
following amendments to the December 61h letter:
#4: Linda has received confirmation from the HOA that they are using the dripline to determine the BUA
footprint. I believe that your design does as well, and if so please disregard this request.
95: There was an email on file that questioned whether the deed restrictions on file covered the appropriate

section of the development. Linda has discussed this with the attorneys, and this has been resolved. Please
disregard this request.
92: While looking through the plans, it came to my attention that the soils are Class C soils (see the attached
soils data for Brunswick County, Mandarin Soil Series as referenced in the soils report). Class C soils receive
only 50% of pervious credit rather than 75% (see page 18-1 of the BMP Manual,
http://l2ortal.ncdenr.orv,/web/wq/ws/suibmp-ch 18).) The supplement form submitted said "mandarin soil' as the
hydrologic soil group as opposed to "C" soil so this did not catch my attention when this first came in. Please
make the necessary adjustments to the design and application package.
Kelly
*** My email has changed to kelly.p.iohnson(a,ncdenr.eov
Kelly Johnson
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records

Johnson, Kelly
From:
Johnson, Kelly
Sent:
Wednesday, December 12, 2012 12:20 PM
To:
'[e-mail]'; '[e-mail]'
Cc:
Lewis, Li nda
Subject:
SW8 121105, Lot 438 Oyster Harbour Permeable Pavement
Attachments:
2012 12 addinfo 121105.docx; Brunswick Soils.pdf
Jude & Gary,
I talked to Linda Lewis about this application today after she received a status request for it and have the following
amendments to the December 6" letter:
#4: Linda has received confirmation from the HOA that they are using the dripline to determine the BUA footprint.
believe that your design does as well, and if so please disregard this request.
#5: There was an email on file that questioned whether the deed restrictions on file covered the appropriate section of
the development. Linda has discussed this with the attorneys, and this has been resolved. Please disregard this request.
#2: While looking through the plans, it came to my attention that the soils are Class C soils (see the attached soils data
for Brunswick County, Mandarin Soil Series as referenced in the soils report). Class C soils receive only 50%of pervious
credit rather than 75% (see page 18-1 of the BMP Manual, http://Portal.ncdenr.org/web/wq/ws/su/bmp-ch18).) The
supplement form submitted said "mandarin soil" as the hydrologic soil group as opposed to "C" soil so this did not catch
my attention when this first came in. Please make the necessary adjustments to the design and application package.
Kelly
*** My email has changed to kelly.a.iohnsonOncdenr.eov
I_eLLl. ohwsow
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

Brunswick County, North Carolina
allill.. )LO wtvi pew-r-N
mm; m4u,"C1
117
Frequency i Dura- iMonths i Depth 1 Kind iMonths 'Initial' Total 'Uncoated
tion steel
I I I t I I I �n I In I
Ba6------------ i A iNone-------i -__
Ba ' i ___ 14.0-5.0!ApparentiDec_Apri ___ I ___ !Low______
ymeade
BDC: I
Baymeade------'
A
I
None-----
Marvyn--------i
B
'None-----
BnB____________i
A
iNone_____
Blanton I
I
BO*------------ I
D
lFrequent-,
Bohicket i
'
BrB------------ i
C
iNone-----
Bragg I
I
CA*------------'
D
iFrequent-
Carteret I
I
I
D
'Frequent-•
-CH-----
Chowan
Co ------------- I
D
lRare------
Corolla I
I
CT ------------- I
D
IRare_____.
Croatan i
4.0-5.OiApparent
>6 0
15.0-6.Ol Perched
I I I i
Very 'Jan-Decl +3-0 lApparent
brief.)
--- ' --' ' >6� 0 I '--
I I I I
Very 'Jan -Dec' +3-1.0'Apparentl
brief.' i I
Very 'Nov-Aprl 0-0.5lApparentl
long. I I
I 11.5-3.OlApparenti
I I I I
1 0-1 OIA t'
DO-------------' D 'Frequent ---'Very
Dorovan I I I long.
Du-------------' D 'Occasional 'Brief
Duckston I I I
Fo------------- i C 'None-----"' --'
Foreston I I I
GoA____________ I B lNone___.... I
Goldsboro i i I
Gt_____________ i D 'None_______' .__
Grifton I I I
Jo -----------'-I C 'None----"''
Johns I I I
KrB------------ I A 'None-------' '--
Kureb
LA*------------i D lFrequent--- BBrief
TABLE 18.--SOIL AND WATER FEATURES
["Flooding" and "water table" and terms such as "rare," "brief," "apparent," and "perched" are explained in the
text. The symbol > means more than. Absence of an entry indicates that the feature is not a concern or
that data were not estimated]
Map symbol and
soil name
Jan -Dec
Lafitte
I I I I
`LLeon---------- i D 'None_______'
See footnote at end of table.
pparen
1-0.5'Apparent'
0-2.0'Apparent'
I I
5-3.5'Apparent'
0-3.0'Apparent'
5-1.0'Apparent'
I I
5-3.0'Apparent'
I I
6.0
D-0.51Apparend
Dec -Apr
Jan -Dec
Nov -May
Dec -May
Jan -Dec
Dec -May
Dec -Apr
Jan -Dec,
0-1.01ApparentlJun-Feb
I
I
I
I
3-6
4-10
4-12
i___ 'Low______
'Moderate
i--- 'High-----
' I
i6-12 iHigh-----
I I
iModerate
I
I
--- iHigh-----
I I ___ iHigh_____
I I
i --- 'Low------
' 18-24 iHigh-----
' 10-30 iHigh-----
I I
--- iLow------
I
--- 'Moderate
I
--- 'Moderate
___ 'High_____'
I
--- 'Moderate i
I I
___ 'Low______'
>51 iHigh ----- !
iModerate
High.
'High.
I
iHigh.
I
iHigh.
I
iHigh.
I
iHigh.
Low.
High.
High.
Low.
High.
High.
Low.
High.
Low.
Moderate.
--- !High ----- jHigh.

118
Soil Survey
TABLE 18.--SOIL AND WATER FEATURES --Continued
Flooding
Map symbol and 'Hydro -I 1
I I I
soil name l logicl Frequency I Dura-
ig water table u sidence
1 1 fir--i
I I I I I I
(Months I Depth I Kind IMonths IInitiall Total
R sk o corrosin
I I
(Uncoated Concrete
rou
tion
steel
I
I I
I I t l I I° I°
I
Lu------------- I
I
D
IRare------- I ---
I I
I --- I 0-1.5'ApparentlNov-Aprl --- I ---
I I I I I I
I
IHigh-----'High.
I I
Lumbee
I
I I
I I I I I I
LY-------------1
I
C
'None ------- I "'
I I
' --- 10.5-1. 51ApparentINov-AprI --- I ---
I I I I I I
I I
IHigh----''High.
I I
Lynchburg
I
I I
f I I I I I
I I
Ma ------------- I
C
INone------- I --_
I --- 11.5-3.5IApparentlJun-Decl -__ I _-_
I I I I
IModerate 'High.
I I
cMandarin
I
I I
I I I
Mk ------------- I
I
D
(Frequent--- IBrief
I I
I I I
INov-AprIO.5-1.SIApparentlDec-Marl ___ I -_-
I I I I I I
I I
IHigh ----- 'Moderate.
I I
Muckalee
I
I I
I I I
Mu ------------- I
D
INone------- I ---
I I I
I --- I 0-l.Ol ApparentlNov-Mayl ___ I -__
' I I I
I I
IHigh----- IModerate.
I I
Murville
I
I I
I I I
NeEc NhE------- I
'
A
INone------- I ---
I
I I I
I --- 1 >6 0 1 -__ I _-_ I --- I ---
I I I I
I I
IHigh----- ILow.
I I
Newnan
I
I I
I I I
NoB------------ I
B
INone------- I ---
I I I
I --- 14 0-6 Ol ApparentlJan-Mar' --- I ---
I I I I
I I
IModerate IHigh.
I I
Norfolk
I
I I
I I
On ------------- I
B
INone------- I ___
I I I I
.I __- I1 5-3 01ApparentlDec-Aprl --- I ___
I I I I
I I
IHigh----- IHigh.
I I
Onslow
I
I I
I I
PaA------------ I
A
INone-------I ---
I I I I
1 --- 11' 5-3 OlApparentlDec-Aprl --- I ---
I I I
I I
ILow------IHigh.
I I
Pactolus'
I
I I
I I
Pn------------- I
I
D
INone-------I ---
I I
I I I I
I --- 1 0-1 51ApparentiDec-Mayl --- I ---
I I I I I I
I I
IHigh----- IHigh.
I I
Pantego
I
I I
I I I I I I
I I
Pt. I
Pits I
I
I I
I I
I I
I I I I I I
I I I I I I
I I
I I
I I
Ra------------- I
D
INone------- I ---
I I I I
I --- I O_1 OIApparentlNov-Apr1 --- I ---
I I I I
I I
IHigh ----- IHigh.
I I
Rains
I
I I
I I
Tm-------------I
I
A
INone-------1 ---
I I
I I I I
I --- '1 5-3 OlApparentlDec-Aprl --- I ---
I I I I I I
I I
IModerate IHigh.
I I
Tomahawk
I
I I
I I
To ------------- 1
I
C
INone------- I ---
I I
I I I I
I --- 10 5-1 SlApparentlDec-Mayl --- I ---
I I I I I I
I I
IHigh----- IHigh.
I I
Torhunta
I
I I
I I I I I I
I I
Ur.
Urban land
I
I I
I I
WaB------------ I
A
INone-------I ---
I I
I I I I
1 --- 14 0-6 OlApparentlJan-Marl _-- ' ---
I I I I I I
I I
ILow------IModerate.
I I
Wando
I
I I
I I I I I I
I I
WdB: I
Wando--------- I
I
A
I I
INone------- I ---
I I
I I I I I
I --- 14 0-6 OlApparentlJan-Marl ___ 1 --_
I I I I I I
I I
ILow------IModerate.
I I
Urban land.
I
I I
I I
Wo------------- I
D
INone------- I ---
I I I I
I --- 10 5-1 OlApparentlDec-Mayl --- I ---
I I I I
I I
IHigh -----IHigh.
I I
Woodington
I
YaB------------ I
I
D
I I
INone------- I ---
I '
I I I I I I
1 --- 12' 0-4 01ApparentlJan-Decl --- I ---
I ' I I I
I I
IHigh----- IModerate.
I
Yaupon
I
I I
I I I I I I
I I
*This map unit is
subject to daily tides.

EWA
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
December 6, 2012
Mr. Jude Herges, Owner
Lot 438, Section 3, Phase IV, Oyster Harbour Subdivision
3323 Stone Crab Ct
Supply, NC 28462
Subject: Request for Additional Information
Stormwater Project No. SW8121105
Lot 438, Section 3, Phase IV, Oyster Harbour Subdivision
Brunswick County
Dear Mr. Herges:
Dee Freeman
Secretary
a.\
�E �I1.tq�k-kE�
The Wilmington Regional Office received and accepted a State Stormwater Management Permit Application for Lot
438, Section 3, Phase IV, Oyster Harbour Subdivision on November 5, 2012. A preliminary in-depth review of that
information has determined that the application is not complete. The following information is needed to continue the
stormwater review:
1. Soils Report: Please submit a summary of the existing elevations from which the borings were bored in order to
determine the depth to the seasonal high water table (SHWT), 25-26 inches from existing grade.
2. Design Calculations: Please provide design calculations stamped by an appropriate professional. The
calculations should show the required depth of the aggregate, how the 10yr24hr stone will be handled (infiltrated
or bypassed), and any other calculations pertinent to the design of the permeable pavement such as the ponding
time.
3. Plans:
a. Permeable Pavement Type: Please show the type of permeable pavement on the plans.
b. Pavement Cross -Section: Please show a cross section of the permeable pavement on the stamped
plans showing all pertinent elevations such as the pavement surface, pavement bottom, bottom of the
aggregate, and SHWT elevation.
c. Spot elevations: Please show spot elevations on the plans, particularly in the permeable pavement
areas.
d. Bypass: If the 10yr24hr storm is bypassed please show the bypass structure on the plans.
`$ Dripline/No Dripline: On May 18, 2012 the Division wrote the enclosed letter to the Oyster Harbour Homeowners
Association, Inc., which is the SW8 020509 permittee. Item 1 of that letter discusses how the impervious is
measured. Please provide an update as to what was decided for this subdivision and how that decision affects
the design of this permit's permeable pavement.
Deed Restrictions: Please submit copies of the recorded deed restrictions for Section IV of Oyster Harbour
limiting the impervious area for Lot 438 to 6,500sf impervious area.
6. Other: If any of the above require changes to the documentation previously submitted, please make the
appropriate changes to the other documents.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] DENR Assistance: 1-877 623-6748 NorthCarolina
Internet: v .nmaterquality.org
An Fmml (lnnntlunib 1 Aff m live G,Ilnn Fmnlnvcr Naturally

Please remember that a change to one number may have a domino effect on other numbers. Please check all plans,
calculations and fors to ensure that the numbers are consistent throughout.
Please note that this request for additional information is in response to a preliminary review. The requested
information should be received in this Office prior to January 7, 2012, or the application will be returned as
incomplete. The return of a project will necessitate resubmission of all required items, including the application fee.
If you need additional time to submit the information, please mail, email or fax your request for a time extension to the
Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you
expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application
to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation
Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-
215.6A.
Please reference the State assigned project number on all correspondence. Any original documents that need to be
revised have been sent to the engineer or agent. All original documents must be returned or new originals must be
provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at
[phone] or email me at [e-mail].
Sincer I ,
elly J hn n
Environ entaI Engineer
GDS/kpj: S:1WOS1StormwatehPerits & Projects120121121105 other1201212 addinfo 121105
enc : May 18. 2012 letter to SW8 020509 Permittee
cc: Gary Gurganus, Gary Gurganus Land Surveying,1108 Sword St, Supply, NC 28462
Wilmington Regional Office Storwater File
Pape 2 of 2

Completeness Review Checklist
Project Name:
Project Location:
Received Date:
Accepted Date:
Rule(s) �2008 Coastal995
Coastal
El Phase II (WiRO) Universal �1988 Coastal
Type of Permit New r Mod or PR
Existing Permit tt (Mod or PR): �PE Cert on File?
Density: HD or LD
Type: Commercial or R ide ial
ElNCG:
%: ❑(% (
Stream Class:
SA Map ,
[]Offsite to SW8
Subdivided?: Subdivision
or Single Lot
I MORW Map
r Exempt
Paperwork Emailed Engineer on:
upplement(s) (1 original per BMP) BMP Type(s): ��mqp�\e 1Q�Qtt�CN� ao I,n4syN "\ 10 �-
F-10&M with correct/original signatures (1 original per BMP except LS/VFS and swales)
MApp 1cl ation with correct/original signatures
❑Corp or LLC: Sig. Auth. per SoS or letter Note to Reviewer: 1 1��
�$b05 (within 6mo) --�4 JIN�A S S 13 11� 1� r�C 1� �W8 0x�
Soils Report with SHWT C#33
Calculations (signed/sealed)
MNo obvious errors — I�y,Plmm: 'q4m C15
nsity includes common areas, etc
Restrictions, if subdivided:
�w8 \lotoob )
-Sw8111o0� )
uSigned & Notarized
Correct Template (Comm/Res & HD/LD) or Dec. Covenants & Rest.
Plans
Sets
Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)
Grading
Wetlands: Delineated or No Wetlands
Vicinity Map
Layout (proposed BUA dimensions)
Legend
�DA Maps 1-1 Project Boundaries
Infiltration
Wet Pond
Offsite
Soils Report
Soils Report
MPE Cert for Master Lot if:
SHWT:
SHWT:
1-1 Deed Rest for Master Lot # Matches Master
Bottom:
PP:
BUA Permitted (Master): sf
Visited:
BUA Proposed (Offsite): sf
Additional Information:
Permitted Proposed:
Proposed: Proposed:
BUA (sf)
DA (sf)
PP (el)
SHWT (el)
Depth (ft)
SA (sf)

Lewis,Linda 6,")a ID 11 D S
From:
Lewis,Linda
Sent:
Tuesday, November 06, 2012 9:13 AM
To:
'Jude Herges" Charles Meier
Subject:
RE: forms
Mr. Herges:
I don't see where any of the recorded documents you included contain any language regarding low density
stormwater requirements or which limit the BUA per lot to 6,500 sf. Also the recorded documents are for
Section I of Oyster Harbour. I believe your lot is in Section IV? According to the original master recordation, the
subsequent phases of Oyster Harbour would become subject to the master declaration and any limitations
specific to that phase would be recorded separately. Is there a separate recordation for Phase IV which
contains the necessary stormwater permit language?
You or your consultant really need to complete the permeable pavement supplement form on-line. There are
too many variables to take into account for you to just print off a blank document. Unless you understand how
to do all the calculations, you should complete that supplement on-line.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Jude Herges [mailto:iudeherges(abyahoo.com]
Sent: Tuesday, November 06, 2012 8:18 AM
To: Charles Meier
Cc: Lewis,Linda
Subject: Fw: forms
Charles,
Here it is ................
Jude
--- On Mon, 11/5/12, Danny Sparkman <danny.sparkman(a),,emai1.com> wrote:
From: Danny Sparkman <[e-mail]
Subject: forms
To: "Jude herges" <judeher eg [e-mail]>
Date: Monday, November 5, 2012, 10:14 PM

November 5, 2012
Project: Lot 438, Section 3, Phase IV, Oyster Harbour Subdivision
3323 Stone Crab Court
Supply, NC 28462
Owner: Jude Herges
We are proposing to utilize pervious concrete for the driveway at the above
named project.
The use of the pervious concrete will allow the owner to meet the maximum
impervious coverage allowed by the subdivision ordinance.
M
AGGREGATE
LAYER
UNDISTURBED
SOIL
NOV 0 5 2012
AV.
PERVIOUS
CONCRETE
PERVIOUS CONCRETE
DRIVEWAY
SCALE: 1 " = 2'
FILTER
FABRIC

*LMG
- LAND MANAGEMENT GROUP INC.
Environmental Consultants June 14,2012
Jude Herges
3323 Stone Crab Court
Supply NC
Reference: Proposed Oyster Harbour Lot 438 located off of Oyster Harbour Parkway and
Stone Crab Ct. in Lockwoods Folly, NC.
Mr. Herges,
On Tuesday, June 12, 2012, Land Management Group, Inc. had the pleasure of
evaluating the proposed stormwater pervious pavement area for Lot 438 in the Oyster
Harbor Development, located off of Oyster Harbor Parkway and Stone Crab Ct. in
Lockwoods Folly, NC. The purpose of the evaluation was to describe the soil profile,
quantify the depth to the seasonal high water table, determine soil texture, and to inform
the project engineer of any potential limitations of this project. Boring information was
collected at 3 locations within the proposed pervious pavement area. I offer the
following guidance.
The soils at this site are mapped as the Leon soil series in the Soil Survey of
Brunswick County (USDA, 1986). Actual soil boring 1 confirms the soil to be a Lynn
Haven soil series, and borings 2 and 3 confirm the soil to be a Mandarin soil series (see
Test Area Map Appendix A and soil profile descriptions in Appendix B). The Lynn
Haven soil series are very poorly drained to poorly drained sandy soils that formed from
marine, fluvial and aeolian sandy material on upland flats, and low areas of interstream
divides in the coastal plain. The Mandarin soil series are moderately well drained sandy
soils that formed from marine, fluvial and aeolian sandy material on upland flats, terraces
and ridges in the coastal plain. The official soil series descriptions for the Lynn Haven
and Mandarin soil series are shown in Appendix C for comparison.
The area cited for pervious pavement has already been filled with material in
preparation for an impermeable concrete drive, the depth of fill ranges from 6 to 11
inches from the existing surface; all soil boring descriptions were recorded from the
existing soil surface. This material may be required to be removed prior to the
installation of the pervious pavement stormwater BMP. The seasonal high water table is
normally evident by observation of redoximorphic features suggesting past conditions of
saturation and reduction. There is evidence of redoximorphic features at 23-29"(existing
surface), 12-18" (natural surface) in boring 1, at 32"(existing surface), 26"(natural
surface) in boring 2 and at 33"(existing surface), 25"(natural surface) in boring 3 (see
Test Area Map Appendix A and soil profile descriptions in Appendix B).
Due to the presence of a shallow seasonal high water table the soils indicated by
boring I do not meet the minimum criteria for pervious pavement; however b rings 2.and
3 do meet the minimum criteria. It is expected that these soils will have an ui�fil{ration ��
NOV 0 5 202
www.lmgroup.net a [e-mail] a Phone: [phone] C Fax[phone]---
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 u P.O. Box 2522, Wilmington, NC 28402

rate in the range of 0.54-1.25+ in/hr based upon typical infiltration rates associated with
the Bh horizon present in both borings 2 and 3, NC DENR DWQ may require this rate to
be measured with an infiltration device prior to approval. The Bh layer at this site shows
no permanent cementation that would inhibit the overall conductivity of water through
the soil profile. Only a portion of the intended area for pervious pavement meets the
minimum criteria for the use of the pervious pavement BMP, additional area in the
concrete parking area adjacent to the existing garage could be utilized with pervious
pavement, the amount of BMP area and design can be determined by your project
engineer.
Table 1. Soil Evaluation for Pervious Pavement BMP
Boring
Depth of
Seasonal High
Seasonal
Estimated
Suitability
Existing
Water Table
High Water
Infiltration
for
Fill
From Natural
Table From
Rate
Pervious
Material
Soil Surface
Natural Soil
(In/hr)
Pavement
(Inches)
(Inches)
Surface
BMP
Feet
B1
I
12-18
1-1.5
NA
No
B2
6
26
2.17
0.54-1.25
Yes
B3
8
25
2.08
0.54-1.25
Yes
In summary, LMG has performed a site specific evaluation within the stormwater
BMP areas. This area has soils that do not meet the minimum criteria for pervious
pavement in boring 1, however they do meet the minimum criteria in borings 2 and 3.
Further design and recalculation of pervious pavement area is required, which should
meet your project goals; however, this information is provided by your project engineer.
Please do not hesitate to contact me if you have any questions with this report. As with
any project of this nature the appropriate government agencies will have the final
permitting authority. I may be reached at 910-452-0001, 910-471-0505 or at
nhowelKOrngroumnet .
Sincerely,
Nick Howell
NC Licensed Soil Scientist #1294

arsrm nm mAe
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PRELIMINARY
LOT U2 w
6 nw n
MAM IV
OYSTER HARBOUR
ws uvm b, ma m �,
ZME.Si�INEU_:r,-Rt,43�M
�v'ION 5
OSoil Boring
>2' to SHWf, 0.54-1.25 in/hr
Mandarin Soil Series
❑1-1.5'to SHWf Lynn Haven /
Leon Soil Series
- Site Drawing from 2011 Survey by Gary
Gurganus Land Surveying with LMG site
testing overlay.
- Drawing is NOT to Scale.
-THIS IS NOTA SURVEY.
LOT IAO
MAX I
OYSTER HARBOUR
�.' rnmtr a sAx Im
Oyster Harbor Lot 438
Preliminary Stormwater
Test Area Sketch
June 13, 2012
LOT 160
LOT 4T)
I=TIW a
RI N
OYSTER HARBOUR
G0(i a, Prs m
Job# 03-12-???
Land Management Group, Inc.
Environmental Consultants
PO BOX 2522
Wilmington, N.C. 28402
www.LMGroup.net
1-866-LMG-1078
(910)-452-0060fax

B I <1 % Lynn Haven Series
Fill 0-11" Mixed marl gravel and sandy fill material
A— 11-14" 1 OYR 2/1 Loamy Sand many coarse and fine organic debris, granular, friable non
sticky non plastic.
E — 14-18" 2.5Y 4/1 Sand, granular, very friable non sticky non plastic.
Bh — 18-23" I OYR 3/1 Loamy Sand non cemented, subangular blocky, friable non sticky non
plastic.
Bw — 23-30" 2.5Y 4/3 Loamy Sand, subangular blocky friable non sticky non plastic.
Bg — 30-44" 2.5Y 5/2 Loamy Sand, subangular blocky friable non sticky non plastic.
Cg — 44-48"+ 5Y 6/1 Sand, single grained, loose non sticky non plastic.
Physical Water: 35" (Existing Surface) 24" (Natural Surface)
SHWT: 23-29" (Existing Surface) 12-18" (Natural Surface) ..
B2 <1%:Mandarin Soil Series
Fill 0-6" Mixed marl gravel and sandy fill material
A — 6-9" 10YR 2/1 Loamy Sand many coarse and fine organic debris, granular, friable non sticky
non plastic.
E — 9-20" 2.5Y 4/1 Sand, granular, very friable non sticky non plastic.
Bh— 20-23" IOYR 3/1 Loamy Sand non cemented, subangular blocky, friable non sticky non
plastic.
Bw — 23-32" 2.5Y 3/6 Loamy Sand, subangular blocky friable non sticky non plastic.
Bg — 32-42" 2.5Y 6/2 Loamy Sand, subangular blocky friable non sticky non plastic.
Cg — 42-4811+ 5Y 6/1 Sand, single grained, loose non sticky non plastic.
Physical Water: 35" (Existing Surface) 24" (Natural Surface)
SHWT: 32" (Existing Surface) 26" (Natural Surface)
B2 <1 % Mandarin Soil Series
Fill 0-8" Mixed marl gravel and sandy fill material
A — 8-11" IOYR 2/1 Loamy Sand many coarse and fine organic debris, granular, friable non
sticky non plastic.
E — 11-22" 2.5Y 4/1 Sand, granular, very friable non sticky non plastic.
Bh — 22-26" IOYR 3/1 Loamy Sand non cemented, subangular blocky, friable non sticky non
plastic.
Bw — 26-33" 2.5Y 3/6 Loamy Sand, subangular blocky friable non sticky non plastic.
Bg — 33-40" 2.5Y 6/2 Loamy Sand, subangular blocky friable non sticky non plastic.
Cg — 40-48"+ 5Y 6/1 Sand, single grained, loose non sticky non plastic.
Physical Water: 35" (Existing Surface) 24" (Natural Surface)
SHWT: 33" (Existing Surface) 25" (Natural Surface)

Appendix C
Published Description and Chemical and Physical
Properties of the Lynn Haven and Mandarin Soil Series

b/13/1 [ Official Series Description - MANDARIN Series
LOCATION MANDARIN FL+GA NC
Established Series
AGH, Rev MHC
11 /2008
MANDARIN SIFEREES
MLRA(s): 153A
MLRA SOIL SURVEY REGIONAL OFFICE (MO) RESPONSIBLE: Raleigh, North Carolina
Depth Class: Very deep
Drainage Class (Agricultural): Somewhat poorly drained
Internal Free Water Occurrence: Moderate deep, common
Permeability: Moderate
Landscape: Lower coastal plain
Landform Marine terrace
Geomorphic Component: Talf
Parent Material: Marine sediments
Slope: 0 to 3 percent
Elevation (type location):
Mean Annual Arc Temperature (type location): 67 degrees F.
Mean Annual Precipitation (type location): 55 inches
TAXONOMIC CLASS: Sandy, siliceous, thermic Oxyaquic Alorthods
TYPICAL PEDON: Mandarin fine sand, on a smooth convex 0.5 percent slope, in forest. (Colors are for
moist soil)
A--O to 4 inches; dark gray (1 OYR 4/1) fine sand; weak fine granular structure; very friable; extremely acid;
clear wavy boundary. (2 to 8 inches thick)
E1--4 to 8 inches; light brownish gray (1 OYR 6/2) fine sand; single grained; loose; extremely acid; clear wavy
boundary.
E2--8 to 26 inches; light gray (10YR 7/1) fine sand; single grained; loose; strongly acid; abrupt wavy boundary.
(Combined thickness of the E horizon is 3 to 24 inches)
Bh1--26 to 30 inches; very dark grayish brown (1 OYR 3/2) fine sand; weak fine subangular blocky stucture;
friable; in places sand grains well coated with organic matter; very strongly acid; gradual wavy boundary.
Bh2--30 to 35 inches; very dark brown (1 OYR 2/2) fine sand; weak fine subangular blocky structure; fiiable; in
places sand grams well coated with organic matter; few medium fait dark brown (1 OYR 3/3) soft masses of iron
accumulation; very strongly acid; clear wavy boundary.
Bh3--35 to 40 inches; black (5YR 2/1) fine sand; moderate rnediu n subangular blocky structure; friable; in
https://soilsedes-sc.egov.usda.gov/OSD—D,"JM/MANDARIN.html
1/5

3/13/12'
Official Series Description - MANDARIN Series
places sand grains well coated with organic matter; few fine prominent yellowish brown (1 OYR 5/4) soft masses
of iron accumulation; very strongly acid; gradual wavy boundary.
BE-40 to 46 inches; brown (1 OYR 5/3) fine sand; single grained; loose; moderately acid; gradual smooth
boundary.
E'1--46 to 56 inches; light gray (1 OYR 7/2) fine sand; single grained; loose; slightly acid; gradual wavy
boundary.
E'2--56 to 62 inches; white (1 OYR 8/1) fine sand; single grained; loose; few medium faint very pale brown
(1 OYR 7/3) soft masses of iron accumulation; neutral; gradual wavy boundary.
E'3--62 to 73 inches; grayish brown (1 OYR 5/2) fine sand; single grained; loose; neutral; gradual wavy
boundary.
B'h--73 to 80 inches; black (1 OYR 2/1) fine sand; few fine distinct white (1 OYR 8/1) bodies; weak fine
subangular blocky structure; friable; in places sand grains coated with organic matter; moderately acid.
TYPE LOCATION: Duval County, Florida; 3,000 feet north of Atlantic Boulevard, 0.7 mile west of Girvin
Road inNEIANWIA, Sec. 22, T. 2 S., R.28 E.
RANGE IN CHARACTERISTICS:
Depth to the top of the Spodic: less than 30 inches
Depth to Bedrock: Greater than 60 inches
Depth to Seasonal High Water Table: 18 to 42 inches, June to December or November to April
Soil Reaction: extremely acid to moderately acid in the A, E, and Bh horizons and from extremely acid to neutral
in the BE, E', and B'h horizons
Other Features: All horizons are sand, fine sand, loamy sand, or loamy fine sand
Other Features: Some pedons do not have a bisequum of E and Bh horizons, and are underlain by a C horizon
RANGE OF INDIVIDUAL HORIZONS:
A horizon:
Color --hue of I OYR, value of 2 to 7, and chroma of 1 or 2; or is neutral with value of 3 to 5
E horizon:
Color --hue of 1 OYR value of to 8, and chroma of 1 to 8
Bh and B'h horizon:
Color --hue of2.5YR value of or 3, and chroma oft to 4; hue of 5YR, value of or 3, and chroma of 1 to 4;
hue of 7.5YR, value of 2.5 to 5, and chroma of 1 or 2; or hue of 1 OYR, value of 2, and chroma of 1 or 2; or hue
i OYR value of 3, and chroma of 1.
Other features --Some pedons are weakly cemented (less than 50 percent) and sand grains are coated with
organic matter. It is massive or has blocky or subangular blocky structure.
BE or BC horizon (where present):
Color --hue of IOYR or 2.5Y, value of to 6, and chroma of to 4; hue of7.5YR value of4, and chroma of
to 4, and value of 5, chroma of 4
hffps://soilseries.sc.egov.usda.gov/OSD_Docs/M/MANDARIN.htmi 2/5

6/13/12
Official Series Description - MANUARIN Series
F horizon:
Color --hue of 10YR or 2.5Y, value of to 8, and chroma of to 8; hue of 7.5YR, value of to 8, and chroma
of2 to 8
Eg horizon (where present):
Color --hue of IOYRor 2.5Y, value of to 8, and cln•oma of 1 or 2; hue of7.5YR, value of to 8, and chroma
of 1 or 2
C horizon (where present):
Color --hue of 7.5YR to 2.5Y, value of 6 to 8, and chroma of 3 or 4
Cg horizon (where present):
Color --hue of7.5YR to 2.5Y, value of to 8, and chroma of 1 or 2
COMPETING SERIES:
1 chaw soils --have a spodic horizon between depths of 30 and 50 inches
Hurricane sots --have a spodic horizon below a depth of 50 inches
Melvina soils --have an argillic horizon and are underlain by limestone bedrock at 60 to 80 inches or more
Ridgeland soils --do not have an E horizon more than 2 inches thick between the A and Bh horizon
Rigdon soils --have an argilk horizon at 24 to 40 inches
GEOGRAPHIC SETTING:
Landscape: Lower coastal plain
Landform: Marine terrace
Geomorphic Component: Talf
Parent Material: Marine sediments
Elevation:
Mean Annual Air Temperature: 65 to 70 degrees
Mean Annual Precipitation: 50 to 60 inches
GEOGRAPHICALLY ASSOCIATED SOILS:
Cainhov sois--do not have a spodic horizon and are better drained
Hurricane soils --have a spodic horizon below a depth of 50
Leon soils --have a water table within 18 inches of the surface for some period in most years
Mascotte soils --have a water table within 18 inches of the surface for some period in most years, and have a Bt
horizon below the spodic horizon
PottsburQ soils --have a spodic horizon at depths of 50 inches or more
Ortega soils --do not have a spodic horizon and are better drained
Rutlegg soils --do not have a spodic horizon and are very poorly drained
a elo soils --have a water table within 18 inches of the surface for some period in most years, and have a Bt
horizon below the spodic horizon
DRAINAGE AND PERMEABILITY:
Drainage class (Agricultural): Somewhat poorly
Internal Free Water Occurrence: Moderately deep, common
Permeability: Moderate
https://sollseries.sc.agov.usda.gov/OSD_Docs/M/MANDARIN.htmi 315

6/13/12
Official Series Description - MANDARIN Series
USE AND VEGETATION:
Major Uses: Natural areas, some community development
Dominant Vegetation: Where natural --scattered second growth slash and longleaf pine, and scrub oak with an
understory of greenbriar, sawpahnetto, pineland threeawn, creeping bluestem, paspalum, panicum, and lopsided
Indiangrass.
DISTRIBUTION AND EXTENT: Northern peninsular Florida, Georgia, North Carolina.
The series is of moderate extent.
MLRA SOIL SURVEY REGIONAL OFFICE (MO) RESPONSIBLE: Raleigh, North Carolina
SERIES ESTABLISHED: Duval County, Florida; 1977.
REMARKS: Mandarin soils were formerly mapped as a thermic variant of the Cassia series. Based on a 2-
year soil temperature study, the nnean annual soil temperature range for this soil in Duval County, Florida is about
69.2 to 71.5 degrees F.
Diagnostic horizons and soil characteristics recognized in this pedon are:
Ochric epipedon--the zone fi-om 0 to 4 inches (A horizon)
Albic horizon --the zone from to 26 inches (E horizon)
Spodic horizon --the zone from 30 to 40 inches and 73 to 80 or more inches (Bh2, Bh3 and Bh horizons)
Aquic conditions --the soil has redox depletions and concentrations within 18 to 42 inches of the surface, with
periodic saturation and reduction at some time during the year
Series control section --the zone from 0 to 60 inches
ADDITIONAL DATA: Pedon 5lb-13-(1-11) in soil survey of city of Jacksonville, Duval County, Florida.
Pedon (S79FLr005-006) soil survey of Bay County, Florida Peden (S80FL-131-033) sod survey of Wakon
County, Florida
TABULAR SERIES DATA:
SOI-5 Soil Name Slope
FLO188 MANDARIN 0- 2
FLO506 MANDARIN 0- 2
Airtemp FrFr/Seas Precip Elevation
SOI-5 FloodL F1oodH Watertable Kind Months Bedrock Hardness
FLO188 NONE 1.5-3.5 APPARENT JUN-DEC >60
FL0506 OCCAS 1.5-3.5 APPARENT JUN-DEC >60
SOI-5 Depth Texture 3-Inch No-10 Clay% -CEC-
FLO188 0-26 FS S 0- 0 100-100 0- 3 -
FLO188 26-40 FS S LFS 0- 0 100-100 2- 9 -
FLO188 40-73 FS S 0- 0 100-100 0- 3 -
FLO188 73-80 FS S LFS 0- 0 100-100 2- 9 -
FL0506 0-10 FS S 0- 0 100-100 0- 3 -
FLO506 10-20 FS S 0- 0 100-100 2- 9 -
FL0506 20-80 FS S 0- 0 100-100 0- 3 -
SOI-5 Depth -pH- O.M. Salin Permeab Shnk-Swll
https://soilseries.sc.egov.usda.gov/OSD—Docs/MIMANDARIN.htm)
4A

6I13/1� Official Series Description - LYNN_HAVEN Series
LOCATION LYNN HAVEN FL+GA NC SC
Established Series
Rev. GRB
03/2009
LYNN HAVEN SEAS
The Lynn Haven series consists of very deep, poorly and very poorly drained, moderate or moderately rapid
permeable soils in low areas and depressions the Gulf Coast and Atlantic Flatwoods. They formed in thick
deposits of sandy marine sediments. Near the type location, the mean annual temperature is about 68 degrees F.,
and the mean annual precipitation is about 55 inches. Slopes range from 0 to 5 percent.
TAXONOMIC CLASS: Sandy, siliceous, thermic Typic Alaquods
TYPICAL PEDON: Lynn Haven fine sand --range. (Colors are for moist soil)
A--O to 12 inches; black (I OYR 2/1) fine sand; weak fine granular structure; friable; many fine and medium
roots; strongly acid; clear wavy boundary. (8 to 20 inches thick)
Eg--12 to 16 inches; gray (N 6/0) fine sand; single grain; loose; common fine and medium roots; many uncoated
sand grains; very strongly acid; abrupt wavy boundary. (2 to 18 inches thick)
Bhl--16 to 22 inches; dark reddish brown (5YR 3/2) fine sand; weak fine granular structure; friable; many fine
and medium roots; few fine and medium pores; sand grains coated with organic matter; very strongly acid;
gradual wavy boundary.
Bh2--22 to 30 inches; dark brown (7.5YR 3/2) fine sand, weak fine granular structure; friable; few fine roots;
few fine pores; most sand grains are coated with organic matter; few small pockets of uncoated sand grains; very
strongly acid; gradual wavy boundary. (Combined thickness of the Bh horizons is from 6 to more than 50 inches
thick.)
Cg--30 to 75 inches; gray (5Y 6/1) fine sand; single grain; loose; common medium distinct brown (I OYR 5/3)
and light yellowish brown (I OYR 6/4) masses of iron accumulation; very strongly acid.
TYPE LOCATION: Bay County, Florida. Approximately 1 mile south of intersection of U. S. Highway 98 and
State Highway 392 and about 50 feet east of Highway 392 in Sec. 4, T. 4 S., R. 15 W.
RANGE IN CHARACTERISTICS: Reaction ranges from extremely acid to strongly acid throughout the
profile.
The Oa, horizon, where present, is less than 7 inches thick. It has hue of SYR to 1 OYR, value of 2 or 3, and
chroma of 1 to 3. Texture is muck.
The A horizon has hue of I OYR, value of 2 or 3, and chroma of 1 or 2; or is neutral with value of 2 or 3. When
dry, this horizon has a salt -and -pepper appearance due to mixing of organic matter and white sand grains.
https://soilseries.sc.egov.usda.gov/OSD_D(ics/ULYNN_HAVEN.html 1/3

6/1 3/i'2 Official Series Descdpbon - LYNN_HAVEN Seres
Texture is sand, fine sand or mucky fine sand.
The Eg or E horizon, where present, has hue of 1 OYR or 2.5YR, value of 4 to 7, and chroma of 1 or 2; or is
neutral with value of 5 to 7. Redoximoiphic features in shades of yellow and brown range from none to corn -non.
Texture is sand or fine sand.
The Bh horizon has hue of 5YR to 1 OYR, value of 2 or 3, and chroma of 1 to 4. Sand grains are coated with
organic matter. Vertical or horizontal tongues or pockets of grayish sand occur in the Bh horizon in some
pedons. Texture is sand, fine sand, loamy sand or loamy fine sand.
Some pedons have a CB horizon with hue of 1 OYR to 5YR value of 3 to 5, and chroma of 3 or 4 with
redoximorphic features in shades of gray, brown, or yellow. Texture is sand, fine sand, loamy sand or loamy fine
sand.
Some pedons have a bisequum ofFg and B1. Colors and textures are similar to the Eg and Bh horizons.
The Cg horizon has hue of 7.5YR to 5Y, value of 4 to 7, and chroma of 1 to 3. Redoximorphic features in
shades of brown, yellow, or red range from few to many. Texture is sand, fine sand, loamy sand or loamy fine
sand.
COMPETING SERIES: These include Boulogne and the very poorly drained Wescomiett series. Boulogne
and Wesconnett soils do not have E horizons innmediately below the A horizon.
GEOGRAPHIC SETTING: Lynn Haven soils are on low areas and in depressions of the Gulf Coast and
Atlantic Flatwoods. They formed in thick beds of marine sand. The climate is wann and humid. Slopes range
fi-om 0 to 5 percent. The average annual air temperature ranges from 65 to 70 degrees F., and the average
annual precipitation ranges fi-om 50 to 60 inches.
GEOGRAPHICALLY ASSOCIATED SOILS: These include the Allautoi> Ba rrLY eade, lanton Evergreen
Hurricane, Kershaw, Kinesferry, Kureb, Lakeland, 1. o% Mandarin Murville, Olustee, Osier, Plurnmer,
Pottsbure, Rutlege, Scranton and Seagate series. Allanton, Hurricane and Pottsburg soils have a Bh horizon at
depths greater than 50 inches. The Baymeade, Blanton, Kershaw, Kureb, Lakeland, Osier, Phimmer, Rutlege,
and Scranton soils do not have Bh horizons. Evergreen soils have a histic epipedon. Kingsferry soils have a Bh
horizon between a depth of 30 and 50 inches. Leon soils lack an umbric epipedon. Olustee soils have Bt
horizons below the Bh horizon. Murville soils do not have E horizons iminediately below the A horizon. Seagate
soils are better drained and have argillic horizons beneath the Bh horizons.
DRAINAGE AND PERMEABILITY: poorly or very poorly drained; moderately rapid or moderate
permeability.
USE AND VEGETATION: Most areas of Lynn Haven soils remain in their natural state. A few small areas
are used for truck crops and pasture land. The native vegetation consists of slash pine, longleaf pine, or cypress
and bay trees with an undergrowth of sawpalmetto, gallberry, fedderbush, huckleberry, and pineland threeawn.
In depressions, cypress and bay trees are denser along with blackgum, red maple, and Ogeechee Inc. The
shrubs include fetterbush, Virginia willow, buttonbush, and waxmyrtle. Common herbaceous plants and vines
include muscadine grape, greenbriars, and poison -ivy, along with maidencane grass, cinnamon fem and
sphagnum
https:/fsolisedes.sc.egov.usda.gov/OSD_Docs/ULYNN_HAVEN.html 2/;

6113112
Official Series Description - LYNN_HAVEN Series
DISTRIBUTION AND EXTENT: Florida, Georgia, North Carolina and South Carolina. The series is of
moderate extent.
MLRA SOIL SURVEY REGIONAL OFFICE (MO) RESPONSIBLE: Auburn, Alabama.
SERIES ESTABLISHED: Florence and Sumter Counties, South Carolina; 1969.
REMARKS: The water table is at 0 to 6 inches for periods of 2 to 6 months annually and within a depth of 40
inches for more than 6 months during most years; during extended dry periods it is below 40 inches.
Depressional areas are ponded for long duration in most years.
Diagnostic horizons and features recognized in this pedon:
Un-bric epipe don - The zone extending from the surface to a depth of 12 inches. (A horizon).
Albic horizon - The zone between 12 and 16 inches. (E horizon).
Spodic horizon - The zone between 16 and 30 inches. (Bhl and Bh2 horizons).
National Cooperative Sort Survey
U.S.A.
https://solisedes.sc.egov.usda.gov/OSD_Docs/LILYNN_HAVEN.html 3/3

�q <
the 61cling footprint being the wall of the structure when no CAMA permit is required.
The BUA limit is just that— a limit. DCM is going to calculate the BUA on a subject lot differently than DWQ and that's
just the way it is. The lot owner will have to meet both requirements and both interpretations. This does not mean that a
large overhang will not be counted. Overhangs that have a covered porch above or a concrete Floor below, or that are wide
enough to park a car under would most certainly be included as BUA under either interpretation.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: Jude Herges [mailto:[e-mail]]
Sent: Tuesday, June 05, 2012 10:07 AM
To: Lewis,Linda
Subject: RE: Oyster Harbour eMail Bulletin
Linda,
Maybe I am overdoing it to make my point, but here is some more information, that you may find interesting.
The very first house built in OH was for Pat Green, David Blankenship was the General Contractor. He told me
that the "footprint method" was used on the Green house.
So it is not a misstatement to say "from the beginning the footprint method was used."
David Blankenship also built homes for:

Charlie & Rose Ann Bradner, Charlie is current Chairperson of the 014 ARC, the "footprint method" was used
on the Bradner house.
Dan & Debbie Bace, the "footprint Method" was used
Bill & Melinda Bosley, when all the problems started with this I asked David if a " as built survey" had been
done, David told me one had been done, it was by the "footprint method" and that it was under the limit. David
went on to say that the reason for the last survey being over the limit was the " dripline method " was used.
Dick & Peg Rioux, Dick, is a past Chair of the ARC, the "footprint method" was used.
George & Daphne Scott, George is a past member of the ARC, "footprint method was used."
David is a great builder and a by -the -book contractor.
I hope this is helpful.
Jude
--- On Mon, 6/4/12, Lewis,Linda <1inda.1ewisnancdenr.pov> wrote:
From: Lewis,Linda <linda.lewis2ncdenr.gov>
Subject: RE: Oyster Harbour eMail Bulletin
To: "Jude Herges" <judeher es ,yahoo.com>
Date: Monday, June 4, 2012, 3:34 PM
Thanks for forwarding this. It was you who told me that the FIOA had been using the footprint method and had switched
to the dripline method just before they reviewed your project. If this is not true, and the FIOA was using the dripline
method from the beginning, then I can't help you.
Linda Lewis

,{
,J-iw 8 IJ�Ios
From: Jude Herges [[e-mail]]
Sent: Monday, June 04, 2012 10:36 AM
To: Lewis,Linda
Subject:Fw: Oyster Harbour eMail Bulletin
Linda,
You may find it interesting on how OH HOA's President views your letter.
( its starts about half way done the page)
--- On Sun, 5/27/12, Web Admin2 <jpocaro@comcast. net> wrote:
From: Web Admin2 <[e-mail]>
Subject: Oyster Harbour eMail Bulletin
To: "JUDE HERGES" <[e-mail]>
Date: Sunday, May 27, 2012, 3:10 PM
Oyster Harbour President's Message
May 2012 Report
President's Report May 2012
Late in April, several Board members and two members of our committees met with a
search group from another large HOA in Brunswick County to study transition procedures
from Developer control to Homeowner control. In the process of preparing for this
meeting, we had an opportunity to look at our own procedures for managing our
association. A copy of our report will be posted on the website for anyone who is
interested. We think this will be a useful handout for area Realtors and new members.
At the April meeting of the Alliance of Brunswick County Property Owners meeting, we
heard from two members of the Business Alliance for a Sound Economy about the efforts
to reduce coastal county wind and hail insurance rates. There are several groups working
on a more equitable state-wide rate program. You can learn more at
www.ncbase.org/coastal-homeowners-insurance.html
The NC Legislature is considering two proposals that will impact HOAs. The first is to allow
the use of absentee ballots for elections and other matters requiring a vote. The second is
the establishment of a Dispute Resolution Committee. Both of these will be of great benefit
to Oyster Harbour, if passed.
The Board has secured proposals for a lightning protection system for our gate openers
and cameras. As you know, we have multiple lightning storms in the summer months and
our equipment is often the victim. We will keep you informed as we have more proposals to
consider.

Repairs to the boat ramp have been substantially completed, just in time for the summer
boating season. We have installed 'no wake' signs on the pilings in hopes of slowing down
some of the less considerate boaters who pass our facility. A ladder for the floating dock is
on order.
Due to a recent heavy rain storm, Cardinal pond suffered erosion near the outflow pipe on
the North end. Our pond maintenance company is preparing a repair proposal.
We met with several members of the FPCCC and two companies that do road seal coating.
We are in the process of gathering additional information about the recommended timeline
and products that will work best to preserve our roads.
The quarterly meeting with the Board and our Committee Chairs is scheduled for June 7, at
10:00. The first open workshop for the 2013 budget is scheduled for June. We will get the
exact date to you when it is set.
The Guard hours have been extended by one hour in the evenings. The Guard will now be
on site until midnight. This was done in response to numerous complaints of non-members
'partying' at the Waterpark late at night.
Our member, Kelly McGuire painted a beautiful seascape mural on the wall of the Ladies
bathroom at the pool. Stop in to see this outstanding contribution to our amenities.
Construction on the addition to the Clubhouse is progressing. Everyone is amazed at how
much 'extra' space we will have.
There has been a recent change in the ARC Guidelines. The ARC has been measuring
impervious coverage of a structure from the 'drip line', as instructed by NCDENR. This
instruction is found in a memo from 1995 which states 'recommend the roof "drip line" or
footprint be used in calculating the impervious coverage of buildings'. This came from
Preston P. Pate and was restated to the NCDENR District Managers in an email dated
8/25/2000. This policy was re -stated to the ARC in an email from Kelly Johnston of
NCDENR on 10/02/2011. Kelly wrote...'DWQ uses the drip tine of roofs as the BUA (Built
Upon Area) footprint'. On 5/15/2012, in order to clear up some of the confusion and
contradictory instructions, the Board requested the Association's attorney to contact
NCDENR. In response to this request, the Board received an email from Linda Lewis of
NCDENR stating...'My understanding for Oyster Harbour is that the HOA started out using
the footprint method to judge compliance and this is the method that should be continued
for all of the lots covered by this permit'. We do not know why Ms. Lewis thinks the HOA
started out using the footprint (which is also defined in the 1995 NCDENR memo as being
the drip line), but in order to follow the most recent instructions from NCDENR, we have
amended the ARC Guidelines. We will continue with this latest guidance in this confusing
and contradictory issue, until we receive other instructions.
You may have heard that there was an attempt by an owner to turn a property violation
hearing before the Board into a public meeting, complete with a member of the local news
media, whom he had invited. This is the second time this has occurred. The Board refused
to conduct private business in a public forum, and the hearing was postponed. Even
though the member waived his right to privacy, to continue in a public forum would be a
gross violation of NC Statute 47F-3-107.1 of the PCA (Planned Community Act) which
specifically provides that hearings SHALL be held before the board of directors or an
adjudicatory panel appointed by the board (not in front of the membership). Accordingly, as the
Association's Declaration, Articles of Incorporation, and Bylaws DO NOT provide the members
with the right to adopt rules regarding the conduct of hearings or provide the right for the
general membership to attend hearings, the Board has rule making authority regarding the time
place and manner of the hearing as well as who may attend a hearing. Hearings are ONLY

between the Association and the alleged offender and often involve private and/or sensitive
matters, it is not appropriate for hearings to be open to the general membership.
We were surprised that some of our residents actually spoke in favor of this
kind of public hearing in the name of 'transparency'! Let us assure everyone
that THIS Board will never overlook the basic rights of the membership and of
the Association by conducting private business matters in public.
We look forward to seeing many of you at the Memorial Day picnic on Sunday,
May 27, from 1:00 to 3:00. Don't forget the Holden Beach Concert Series
begins that evening at 6:30 at the Pavilion under the bridge. Bring a lawn chair
and enjoy music by The Imitations.
Joan Ross, President

�w812��oS
KATIE PA'INODE
Community Manager
CAS, Inc.
Katie,
5w�o2USU�
�_g, 2oI2
May 31, 2012
We are writing in response to Joan's letter dated May 15, 2012, in which she informed us that,
based upon new information received on May 15, 2012, by the Ol-I 130D from NCDENR,
approval of the landscape plan including the driveway submitted by us and dated 12/5/ 2011, is
hereby granted with the following conditions:
"As outlined in the ARC review guidelines, you must add foundation planting as
proposed for the front of your home to continue around and cover the entire foundation of
the structure including the garage and workshop. These plants must be five (5) gallon
container size."
a. The original project approval was granted in 2009 based upon the 2008
guidelines. These are the guidelines that apply to our project, not the revised
ones of 2010.
2. "You must remove the debris pile and move the red vehicle to either the garage or
driveway."
a. The debris pile you refer to is actually mulch; we have already started to
place mulch. By the completion of the landscaping this pile will not exist.
3. "You must install the front yard sod and mulch beds as indicated on the plan and install
the planting in future beds within six (6) months."
4. "All work to include the driveway, sod, and mulch beds must commence within two (2)
weeks of this letter and be completed with [in] six (6) weeks (with exception of the
instructions of item 3, as above. Please remember that you are still out of compliance by
exceeding the build -out time."
a. We are in compliance in that we have started working on the landscaping.
b. Please remember the reason we are behind the built -out time is due to the
fact the ARC and BOD would not approve our landscape plan and driveway.
When we purchased our lot in 2003, we were assured by Waterfront Developers that
accommodations would be made, due to the size of the lot and the amount of wetlands on it, to
allow us to use permeable pavement. On July 28, 2009, the ARC approved the conceptual
drawings. On September 4, 2009, the ARC granted approval of the final drawings. On
September 24, 2009, the ARC denied approval of the plans for the following reasons: "The
BOD was involved in earlier discussions concerning the modification of the stormwater permit.
The likelihood of any action of modification could take place by the BOD while the permits are
not currently in the name of the HOA, makes this option very difficult, untimely and costly. Due
to this, the ARC has no choice but to rescind the approval."
As Joan points out in her letter, the BOD has received new information from NCDENR
regarding the calculation of pervious areas. We have also received information from Linda
Lewis, NCDENR, on May 8, 2012, that:

1. The stormwater permit was transferred to the OH HOA on June 21, 2010, which negates
one of the reasons for denying our original request.
2. To modify the stormwater permit would be costly, is a relative term. The application fee
is $505.00, which we informed the chairman of the ARC in 2009, we were more than
willing to pay then, as we are today. This removes another reason for denial.
3. The last reason for denying our original permit was that modification of the stormwater
permit would be untimely. In conversations with Linda Lewis, she informed us the
process could take as long as a few months, but could be shorter. In light of the fact that
we have been dealing with this issue since the summer of 2009, and it is now the
summer of 2012, we do not believe that taking a few more months to resolve the
driveway issue is untimely in light of having an unacceptable driveway for the rest of our
lives.
Additionally, in the letter we received from Linda Lewis on May 8, 2012, she stated:
"The Division strongly encourages developers and HOAs to include the ability of
individual lots to utilize permeable pavement.
In the event the HOA's stormwater permit does not allow the use of permeable pavement,
an individual lot owner may apply for a modification for that lot only.
The Division encourages HOAs to work with lot owners in a spirit of mutual respect and
cooperation regarding implementation of the permit requests, to educate themselves
about the permit requirements, and about all the options that are available when a
problem arises. The Division offers assistance to the HOA with any questions they have
about the permits and its conditions."
It is for these reasons we respectfully request an extension to allow for the completion and,
finalization of the stormwater permit modification application and the placement of the
driveway. Moving into the fourth summer of dealing with this issue, let us convey to you, it
truly is our sincere desire to be good stewards of the environment. Given that a good portion of
our lot is deemed as wetlands, we recognize the importance of following DENR's Best
Management Practices Manual. We are hopeful that, in the spirit of doing what is best for our
maritime forest community, the BOD does indeed grant us an extension and works with us to
resolve these ecological concerns.
Sandy and Jude Herges
Cc:
Linda Lewis
Laura Lewis
Ben Del Re'

w
NC®ENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
May 18, 2012
Oyster Harbour Homeowners Association, Inc.
c/o CAS, Inc.
1213 Culbreth Drive, Suite 112
Wilmington, NC 28405
Subject: Built -upon Area and Permeable Pavement
Oyster Harbour Subdivision
Stormwater Project No. SW8 020509
Brunswick County
Dear Current HOA President:
,�-w8lat1o5
Resources
Dee Freeman
Secretary
This letter is being resent to the new mailing address above. The original letter, enclosed, was dated
May 14, 2012. Please note that it is the permittee's responsibility to notify the Division of Water Quality
of any name, ownership or mailing address changes within 30 days. The Division of Water Quality was
recently made aware of a situation involving Mr. Jude Herges and the construction on his lot. Mr. Herges
owns a lot in Phase IV of Oyster Harbour, which is covered under low density stormwater Permit No.
SW8 020509 and is allocated a maximum of 6,500 square feet of built -upon area. The permit was
transferred to the Oyster Harbour Homeowners Association, Inc. on June 21, 2010, and the HOA is
charged with the responsibility of making sure that the individual lots comply with the permit conditions,
which include the built -upon area allocation.
Based on the Divisions conversation with Mr. Herges, three areas were identified that the HOA may not
fully understand, and which may be the source of some unintended misinformation. DWQ would like to
take this opportunity to educate both the lot owners and the HOA on the following items of note:
If the permit did not specify how the built -upon area was to be calculated, i.e., via the roof dripline
method or using the footprint, then the HOA should stick with the method that they started out
with. It is not appropriate to change the way this calculation is done in mid -lot so to speak, and
require compliance based on the dripline method for Mr. Herges lot, if all the previously permitted
lots are not also re -reviewed for compliance with the dripline.method. My understanding for
Oyster Harbour is that the HOA started out using the footprint method to judge compliance and
this is the method that should be continued for all the lots covered by this permit.
2. The built -upon area assigned to each of the lots under the SW8 020509 permit is 6,500 square
feet. This amount is also contained in the recorded deed restrictions and protective covenants
and cannot be arbitrarily changed (lowered or raised) by the HOA unless the lot owner agrees to
the change in writing, a permit modification is submitted to and approved by the Division, and an
amendment to the deed restrictions is filed.
The Division strongly encourages developers and HOA's to include the ability for individual lots
to utilize permeable pavement. If the permit does not currently contain the permeable pavement
conditions, the permit can be modified to include them. Once the Division modifies the permit to
add permeable pavement conditions, the HOA becomes the "go to" entity for the review and
approval of individual lot applications for the use of permeable pavement on individual lots. In
the meantime, if there are lots that desire to use permeable pavement, or that need to have the
option to use permeable pavement in order to stay below the maximum allocated BUA, the
Division can accept an individual application from a lot owner and issue a permit for the
installation of permeable pavement for that lot.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 1�7UDC l,,
Phone: [phone] FAX: [phone] DENR Assistance: 1-877-623-6748 1 � orth Carob na,
Internet: www.nmaterquafity.org

Oyster Harbour HOA
May 18, 2012
Permit Number SW8 020509
The Permeable Pavement Chapter in the Best Management Practices Manual is currently being
revised and will be posted for public comment sometime this month (May 2012). The managed
grass credits are proposed to be increased to 85% and some of the restrictions for its use are
proposed to be lifted or relaxed. The new requirements could be implemented as early as the
end of July, or as late as the beginning of October, depending on how many public comments
are received and how quickly those comments can be evaluated and incorporated into the
finished product. Once the final version of the chapter is posted to. DENR's website,
implementation will be 60 days later.
It needs to also be clearly understood that modifying an existing low density permit does not
allow the Division to impose new density limits or apply new stormwater regulations to the
project. Under the 2008 rules, the permit for any existing low density project that was issued
under an older set of rules can be modified and will retain its permitted density limit. This permit,
SW8 020509, was issued with a density limit of 25%, which will not change with a simple
modification to add permeable pavement conditions. The only modifications that could change
the applicable regulation would be the addition of project area that was not previously covered
by the permit (and then only for the added area), or a modification that proposed an increase in
the density beyond the 25% maximum allowed by the low density permit.
The Division encourages HOA's to work with lot owners in a spirit of mutual respect and
cooperation regarding implementation of the permit requirements, to educate themselves about
the permit requirements and about all the options that are available when a problem arises. The
Division offers its assistance to the HOA with any questions they have about the permit, its
conditions and implementation.
If you have any questions, please do not hesitate to contact me at [phone] or email me
at linda.lewis(@ncdenr.aov
Sincerely,
Linda Lewis
Environmental Engineer III
GDS/arl: S:\WQS\Stormwater\Permits & Projects\2002\020509 LD\2012 05 letter-2—HOA 020509
cc: Amy Wang, Attorney Ward & Smith, via email attachment
Adam Beaudoin, Attorney Ward & Smith
Wilmington Regional Office Stormwater File
Page 2 of 2

io5
robi
ej;srtrrnrmo,s
. RobeOcuIRr
�
RET I= 155056 Book �1 4'�age 1427
70TA1 REv 7Ca$$.9�14/2000 04:17:50pm Reci53t,+0(p
RECp__ Ck AMT4&Z, C' AMENDMENT OF DECLARATION
CASH �REF_�� BY OF
S DITTIQ �p TRICTIONS
COVENANT
OYSTER 4nL`l'tjJU1 RE6VOM MUNITY
KNOW ALL MEN BY THESE PRESENTS, the undersigned Declarant of
Oyster Harbour Subdivision in Lockwood Folly Township, Brunswick County, North
Carolina, does hereby adopt and declare the following actions by setting its hand and
seal hereto;
Vn"p�
THAT WHEREAS, the Declarant o ftfEr Agrbour Planned Community
(herein "Declarant") filed a Declaration of Covenants, Conditions and Restrictions of
Oyster Harbour Subdivision in Book 1357 at Page 1087 of the Brunswick County
Registry (herein "Declaration"); and
WHEREAS, said Declar rovi ill arrant reserves the right to
amend this Declaration from timV1, 3otf any of the owners; and
WHEREAS, the Declarant deems it eloxpei3mo amend said Declaration as
follows:
NOW, THEREFORE, the undersigned Declarant does hereby amend said
Declaration of Covenants, Cmy�itions and Restrictions o Oyster Harbour Subdivision
as follows: y, p f�
VMWy=,U
DEFINITIONS
1.1. "Allocated Interests" means the common expense liability ownership interest in
the Association and v s in the Association alloc�d to each lot.
j�
1.2. "Association" or "Owner'o s �1(a{i mean and refer to OYSTER
HARBOUR Homeow n, lnrf f8f profit North Carolina
corporation, its successors and asslwmcz�,
1.3. "Common Elements" means any real estate within Oyster Harbour Planned
Community owned or leased by the Association, other than a lot to include all
property owned by thcvlssociation for the commop use and enjoyment of all or
a designated class of me"' . CommogIr*ludes without limitation
all existing and future roads f�� and all greenways, median
strips, cut -de -sac cent eas, aadonal areas, and facilities,
open space, walking tr ls, easeme s, community boat slips, and
community piers that are developed on the Common Property (it being
understood that this enumeration is by way of description of the type of
facilities that may be developed and in no way shall bind or obligate the
Declarant to provide any of the described facilitieQ and all entry way,
directional, and informal signs (and tt aside for their location)
and any other property as ma ,Rtj {fit tgrovided for the common use
and benefit of the Dec tg� bt'0wngFAamW�,By member in the
Association, includin t out li ommon Property as may be
shown on the recorded plat(s) of the Property., cept by the Declarant, the

Inst 4 55056 Book q4t ,1444
Owners, and the Declarant and has been recorded agreeing to change said
Declaration in whole "IV, art. �� n
10.2. Title to the property cqq��QQp e4'ln!(�l,}J as acquired by the Declarant
subject to certain ease iir�H o idS ss and regress to owners of land not
located within the Planned Community. �asements have been relocated
to the roads located within the Planned Community and those persons owning
such an easement will be entitled to use the roads located within the Planned
Community but shall not be entitled to use any other Common Elements.
10.3. Recreational facilitieshicl wr e ° ait Elements may be used by
the owners of land loe tgcj j ommunity described as
River View subdivisi ell l su [vision; provided however, that
the owners of said land shall pay dues equ chose paid by Association
members.
ARTICLE XI
NORTH CAROLINAP M�IRONMENTAL
A}}��{{��f ���)�� OURCES
DIVISION OF WATER t�UAd9iwY45MRESTRICTIONS
11.1. The following covenants are intended to insure ongoing compliance with state
stormwater management permits as issued by the Division of Water Quality.
These covenants may not be changed or deleted without the consent of the
State.
Csc 9,
11.2. No more than sixty-fi�� e ) square feet of any lot shall be covered
by structures or impex; ate � jI �ervious materials include asphalt,
gravel, concrete, brick, stone, slate or siiriiQ"t terial but do not include wood
decking or the water surface of swimming pools.
11.3. Swales shall not be filled in, piped, or altered except as necessary to provide
driveway crossings. ��
d
11.4. Built -upon area in exc�gs ief 1905 unt requires a state stormwater
management permit r r 0 ' o boon.
11.5. All permitted run-off from outparcels or future development shall be directed
into the permitted stormwater control system. These connections to the
stormwater control system shall be performed in a manner that maintains the
integrity and performat a of the system as pe7lTd.
`�,
Except as herein amended aabfi s all remain in full force and effect.
m�ffmtu�a
18

Brunadck Coonty—Register of Deeft
Robert J. Robirmon
Inst 1171312 Book 1802Page 1033
08/11/2003 02:26:55pm Rec#-jS(,0j'3j
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
PREPARED BY: THOAMS P. HEy ER, A T LAW
Post Omfiffice Box 8fkOak Island, AIC 28465
At)
This Deed made this day of 2003, by and between
OYSTER HARBOUR, LLC.,.,A' North CaMoa Limited Liability Company, Grantor and
-6, r
OYSTER HARBOUR HOMEOWNEIIIM.SSOCIAffiWANC.' A North Carolina Not For
Profit Corporation, Grantee; whose mailing address is 10800 Sikes Place, Suite 250,
Charlotte, North Carolina 28277.
WITNESSET14:
That the Grantor, for a valuAMe considd , by the Grantee, the receipt of
which is hereby acknowledged, has and by these presents does grant, bargain, sell and
convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in
Lockwood Folly Township, Brunswick County, North Carolina and more particularly
described as follows:
SEE EXHIBIT -A', ATTACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE.
PAY 9; 4
2010

- Inst / 171312.. Book 1802Page: 1034
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
And the Grantor covenants with thg. Grantee, that the Grantor is seized of the
premises in fee simple, has the rkjht. to convey the &®me in fee simple, that title is
marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the
following exceptions hereinafter:; stated. Title to the property hereinabove described is
subject to the following exceptions: •>
1. Easements for utilities and rights"bf way in the chain of title.
2. Restrictive covenants of record, including the Amendment of Declaration of
Covenants, Conditions and Restrictions for Oyster Harbour Planned
Community recorded in Book 1357 at Page 1087 of the Brunswick County
Registry and any subsequent amendments thereto.
IN WITNESS WHERtOF, the Grantor'iras ii0reu�,to set their hand and seal the
day and year first above written.
OYSTER HARBOUR, LLC
-.A North Carolina Limited Liability Company
°lL (SEAL)
STATE OF NORTH CAROLINA "" COUNTY OF �C k
I, the undersigned, a Notary Public in and for the State and County aforesaid
certify that ul (ih� ` A I e personally appeared before me this day and
acknowledged that s/he is ✓Ac of Oyster Harbour, LLC, a North
Carolina Limited Liability Company;:,and that ' op duly given and as the act of the
L k omg instruri ent was sigflaQ by im/her.
rl,T,SS my hand and seal this day of i4u4 .2003.
If An,
i1t. Qti1c ��0w
ao
, y��re"giboexpires: 9JsyNOT R " UBLIC
f _ _

Inn; 0 171312 Book 1802Page: 1035
STATE OF NORTH CAROLINA eeee' COUNTY OF BRUNSW ICK
The foregoing (or annexed) Certficate(s) of
Notary(ies) Public (is)(are) certified.' to be correcC -' This Instrument was filed for
Registration on the day and hour in the Bbok and Page shown on the first page hereof.
ROBERT J. ROBINSON,
REGISTER OF DEEDS
r STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing(orannexed)Certificate(s) ofj!-NANCY J MORRISON
Nowry(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Registration on this l lth Day of Au uat 2003
in the Book and page shown on the First Page hereof.
RO E I�1' J. R N, Register of Deeds

Irma 0 1I1311'. 93uk-1802Page: 1036
EXHIBIT "A"
For OYSTER HARBOUR HOMEOWNERS ASSOCIATION
All roadways as shown on those survey plats of Oyster Harbour.
Oyster Harbour, Phase I, recorded inNtap Cabinet 23,, pages 154-158, (as revised in Map
Cabinet 23 at page 355);
Oyster Harbour, Phase II, recorded in Map Cabinet 23 pages 170-173 (as revised in Map
Cabinet 23 at page 258, Map Cabinet 24 at page 80, Map Cabinet 25 at page 107);
Oyster Harbour, Phase III, recorded in Map Cabinet 24, pages 292-293, Map Cabinet 25,
pages 284-285, (as revised irk Map Cabinet 2,Qat page 154, Map Cabinet 26 at pages 79-
82, Map Cabinet 27 at page88); �.
Oyster Harbour, Phase III, recorded in Map'Cabinet 27 at page 164;
Oyster Harbour, Phase IV, recorded in Map Cabinet 26, pages 155-156 and Map Cabinet
26 at pages 271-272, Map Cabinet 26 at pages 326-327;
Oyster Harbour revision of Lot:'434 at Map Cabinet 27, page 158, all as recorded in the
Office of the Register of Deeds of Brunswicl�'t'DCk� ,North Carolina.
That common area amenity site consist4of 9.84 acres more or less as shown on that
plat of survey recorded in Map Cabinet 26 at Page 154 in the Office of the Register of
Deeds, Brunswick County, North Carolina, together with all improvements located
thereon.
This conveyance is made subjeca to: 1) Declarant's/Developer's rights hereby reserved,
as set forth in that DeclaratiO of Restrictive -Covenants of Oyster Harbour Subdivision
recorded in Book 1402 at.Page 14�Z in the'b46-,V,,4he Register of Deeds, Brunswick
County, North Carolina;'=and mlf all arulments filed &reto; 2) Easement rights of
Developer, its heirs and/or assigns to go 6l5on the subject property; 3) Ad Valorum taxes
for the current year, 4),Recorded and unrecorded rights of others to use the subject
property including but not limited to the rights of property owners within the subdivision.

Dick county —Register of Deeds
Robert J. Robinson
Inst t337810 Rook 2417Page 538
06/26/2006 04:35:13M Rec# R-)S650
RET
TOi REV__TCt
RECI—CK AMT&ZK
CASH—REF_BY
Mail To: Jeffcoat, Pike, & Nappier. LLC, P.Q, Box , 4001);Ealabesh, NC
slsl:p
Prepared by: J. Harrison Rushton
WITHOUT OPINION OF TITLE
28467
QUITCLAIM DEED 06787.034
STATE OF NORTH CAROLINA,gl3runswickCaYt4 rN✓.
THIS DEED, made and entered into this 2744'day of y 2006, by and between
OYSTER HARBOUR, LLC, a North Carolina Limited Li bi19 ity Company, hereinafter called
Grantor, and OYSTER HARBOUR HOMEOWNERS ASSOCIATION, INC. of Brunswick County
and State of North Carolina, hereinafter called Grantee, whose permanent mailing address is c/o 1630
Military Cutoff Road, Suite 108, Wilmington, NC 28403.
"1►u�TNESSETI� '�C�.G
That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) to him in hand paid,
the receipt of which is hereby acknowledged, has remised and released and by these presents does
remise, release, convey, and forever quitclaim unto the Grantee, his heirs and/or successors and
assigns, all right, title, claim and interest of the Grantor in and to a certain lot or parcel of land lying
and being in Lockwood Folly Township; Brunswick County, North Carolina, and more particularly
described as follows:
N..
See Attached Exhibit "A*
WITHOUT OPINION OF TITLE
To have and hold the aforesaid lot or -parcel of land and all privileges thereunto belonging to him,
the Grantee in fee simple.
The Grantor makes no warranty, express or implied;) asp-iwthe title to the property hereinabove
described
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by
content.

Inst # 337810 Book 2417Pager 539
IN WITNESS WHEREOF, the GRANTOR has, hereunto set his hand and seal, or if corporate,
has caused this instrument to be signed in its. corporate'tuiinaby;its, duly authorized officers and its seal
to be hereunto affixed by authority of its Boardef Directors, tfie'dayand year first above written.
OYSTER HARBOUR, LLC
By:
William 6;,AUM
It's MBMgBER/MANkG13Fg,;-;,_,
STATE: %look CA'Ana
COUNTY: Lknice%
I, vbara s Notary Public of the Crucify and State aforesaid, certify that
�si,l lamA came before on, this day, and (I have personal knowledge of the
identify of the principal(s))(1 have seen pfisfactory <vidta�s(t(s rincipal's identity, by current state or federal
identification with the principal's photograph in ftform of a _ W U'frC'T.,,-� (a credible witness has
sworn to the identity of the principal(:f1) and acknowfciltd that he/she arm' ml4ml4 r/nu'itbe roger of Oyster Harbour, LLC, a
North Carolina LLC, and that by authority duly given and aithe act of such entity, he signe�yd thfe f regoing insavment in in
name on its behalf as its act and deed. witness my hand and official the .O2-Is.O.l f April , 2005.
Mycommissionexpim: t�4 17'ci011 �.
o�
aaa.. near
M1n111Y aY0.
11i0e"�'.1C (print notary's some
The foregoing Certificate(s) of
is/are certified to be correct. This instrument and this certificate are duly registered at the date and
time and in the Book and Page shown on the Register of Deeds for
County.
By: Deputy/Assistant — Register of Deeds
..;;1 vp1�•1,
r•.

'':•.,, I4t 0 337810 Book 2417Page: 541
-Oyster Harbour, Phase V, Revision Plat" recorded in Deed Book 28 at Page 434 in the
Brunswick County Registry.
Tract 11: BEING that tract indicated as "Lake" as shown on plat by Hobbs
Surveying Company, Inc., dated. August 21, 2003, and entitled "Oyster Harbour, Phase
V, Revision Plat", recorded in Map Book 28 at Page, 434 in the Brunswick County
Register of Deeds.
Tract 12: BEING that tract labeled as "SP 3" as shown on plat by Hobbs Surveying
Company, Inc., dated August 21, 2003, and entitled "Oyster Harbour, Phase V, Revision
Plat", recorded in Map Book 28 at Page 434 in the Brunswick County Register of Deeds.
Tract 13: BEING that 6.88 ante parcel shown as Open Space, as shown on plat by
Brian Hobbs, RLS, dated August 28, 2002, and entitled "Oyster Harbour, Final Plat,
Open Space 2" and recorded in Map Book 26 a1'Pfige;5(14 in the Brunswick County
Register of Deeds.
Tract 14: BEING 0.07 acres shown as "Tract 3" as shown on plat by Hobbs
Surveying Company, Inc., dated February 4, 2003, and entitled "Hewett Tract, Boundary
Survey', and recorded in Map Book 27, at Pages 291-292, inclusive, in the Brunswick
County Registry.
Tract 15: BEING 0.16 acres shown as',1 jfr44",as shown on plat by Hobbs
Surveying Company, Inc., dated Febryazy 4,2 aftdCtuij,{ ,d "Hewett Tract, Boundary
Survey', and recorded in gap Book 27, ?a es 291-292, iMusive, in the Brunswick
County Registry. `,
Tract 16: BEING 5.30 acres shown as "Russell's Lake", as shown on plat by Hobbs
Surveying Company, Inc., dated February 4, 2003, and entitled "Hewett Tract, Boundary
Survey", and recorded in Map Book 27, at Pages 291-292, inclusive, in the Brunswick
County Registry.
J
Tract 17: BEING 0.71 acres sh6*1tas Septic Are'd N"i;'es shown on plat by Brian
Hobbs, RLS dated August'29, 2001, and a lt:iged "Oyster Harbour, Easement Plat, Septic
Area 4", and recorded in Map Book 26 at Page 270 in the Brunswick County Registry.
Tract 18: BEING 0.46 acres shown as "Septic Area 6" as shown on plat by Hobbs
Surveying Company, Inc., dated December 5, 2002 and entitled "Oyster Harbour,
Easement Plat, Septic Area 6 & Lot 434R", and recorded in Map Book 27 at Page 158 in
the Brunswick County Registry,`.
Tract 19: BEING 0.99:acres shovel'ss'Septic Area 31sN); shown on plat by Brian
Hobbs, RLS, dated September 20, 2001 andlentitled "Oyster Harbour, Easement Plat,
Septic Area 3" and recorded in Map Book 25 at Page I in the Brunswick County
Registry.

InSt-1 337810 Book 2417Page: 542
Tract 20: BEING 0.90 acres shown as Lot I as shown on plat by Hobbs Surveying
Company, Inc. dated January 3, 2000 and entitled "Bellamy Place" and recorded in Map
Book 22 at Page 259.

Robert J- Robift5iii ft, ,
RET t.t�jU.ffl,� w Imt #55056 Book S'�1Iage 1427
TOTAL REV � TCa$79/14/2000 04:17:50pa Rec#,53t„ l)(,
RECH_ CK A F ( _ cB
CASH AMENDMENT OF DECLARATION
CASqEF_�� gy el, OF
COVENANTS,Cf NNDITVI ;A STRICTIONS
OYSTER �n �I-pN�`VQ bMMUNITY
KNOW ALL MEN BY THESE PRESENTS, the undersigned Declarant of
Oyster Harbour Subdivision in Lockwood Folly Township, Brunswick County, North
Carolina, does hereby adopt and declare the following actions by setting its hand and
seal hereto; v
C� aosmffff�a
THAT WHEREAS, the Declarant&r`Xgrbour Planned Community
(herein "Declarant") filed a Declaration of Covenants, Conditions and Restrictions of
Oyster Harbour Subdivision in Book 1357 at Page 1087 of the Brunswick County
Registry (herein "Declaration"); and
WHEREAS, said Declar rovic(� p larant reserves the right to
amend this Declaration from timp 1p t (�� �o; der of any of the owners; and
�J 004�Pff
WHEREAS, the Declarant deems eeU0?0&Q%o amend said Declaration as
follows:
NOW, THEREFORE, the undersigned Declarant does hereby amend said
Declaration of Covenants, C itions and Restrictions o -Oyster Harbour Subdivision
as follows: (�� �
9 u " LE FWDAMMat.
DEFINITIONS
L L "Allocated Interests" means the common expense liability ownership interest in
the Association and v s in the Association allocitjed to each lot.
� 4
1.2. "Association" or "OwneF's of 'sh^aI mean and refer to OYSTER
HARBOUR Homeow t li itign, lnttnTiMfbr profit North Carolina
corporation, its successors and assIg2 7Qp
1.3. "Common Elements" means any real estate within Oyster Harbour Planned
Community owned or leased by the Association, other than a lot to include all
property owned by the Association for the commorl use and enjoyment of all or
a designated class of me s. Comm-O ludes without limitation
all existing and future roads a ffj! dy and all greenways, median
strips, cul-de-sac cent sU7 rJ (iit eas, andznaovadonal areas, and facilities,
open space, walking tr its, easeme °R s, community boat slips, and
community piers that are developed on the Common Property (it being
understood that this enumeration is by way of description of the type of
facilities that may be developed and in no way shall bind or obligate the
Declarant to provide ate of the described facilities and all entry way,
directional, and informs al signs (and t et aside for their location)
and any other property as pma-M,� 4 rovided for the common use
and benefit of the Dec vk member in the
Associationincludinti�t�ti2�- Common Property as may be
shown on the recorded plat(s) of the Property. xcept by the Declarant, the

� OF
�Vj � nn POGr�ffff�'mm�
Inst 9 55056 Book(( 4-62' ;.71994
Owners, and the Declarant and has been recorded agreeing to change said
Declaration in whole errai art. °
10.2. Title to the property c����}jj��!!� g�l)5a gas acquired by the Declarant
subject to certain easeof i' 5 r��ess an regress to owners of land not
located within the Planned Community. Ihi Zasements have been relocated
to the roads located within the Planned Community and those persons owning
such an easement will be entitled to use the roads located within the Planned
Community but shall not be entitled to use any other Common Elements.
10.3. Recreational facilities whic9i Qre p ;� e� ° o Elements may be used by
the owners of land locatq¢8 �¢ t tltHeG1onommunity described as
River View subdivisi d-i ellfi JIaV sat tvtsion; provided however, that
the owners of said land shall pay dues equalulihose paid by Association
members.
ARTICLE XI �n (�j
NORTH CAROLINAA Wi4vIRONMENTAL
AN [�L'OURCES
DIVISION OF WAITV11 RESTRICTIONS
11.1. The following covenants are intended to insure ongoing compliance with state
stormwater management permits as issued by the Division of Water Quality.
These covenants may not be changed or deleted without the consent of the
State.
11.2. No more than sixtyp-fikerj�i%Mee-e��$�?swre�feeet of any lot shall becovered
b structures or im e t s at r�p ervious materials include asphalt,
gravel, concrete, brick, stone, slate or sie fa�Bfaterial but do not include wood
decking or the water surface of swimming pools.
11.3. Swales shall not be filled in, piped, or altered except as necessary to provide
driveway crossings. 6
11.4. Built -upon area in exc�(§§s'' (( et amount requires a state stormwater
management permit m6}cilGrL''atr� tip st`t{$`�'°}ion.
H.S. All permitted run-off from outparcels or future development shall be directed
into the permitted stormwater control system. These connections to the
stormwater control system shall be performed in a manner that maintains the
integrity and perform a of the system aStnl toted.
Except as herein amende� ar' W shall rremain in full force and effect.
gCgp &
CO OF
18

� j. CaaJ� istei of Deeds
inst 0171312 Book 1802Page 1033
08/11/2003 02:26:55M Re,01S (a0,31
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
A'r42^,'
PREPARED BY: THOMAS P. Nff{ rER, AY,AT LAW
Post Office Box 6i6, Oak Island, NC 26465
This Deed made this �� day of 2003, by and between
OYSTER HARBOUR, LLC.,,A' North Carol a Limited Liability Company, Grantor and
OYSTER HARBOUR HOMEOWN,6m�SSOCIATib�4 NC., A North Carolina Not For
r�
Profit Corporation, Grantee; whose mailing address is 10800 Sikes Place, Suite 250,
Charlotte, North Carolina 28277.
WITNESSETH:
That the Grantor, for a valuable considafatioapa�41 by the Grantee, the receipt of
which is hereby acknowledged, has and by these presents does grant, bargain, sell and
convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in
Lockwood Folly Township, Brunswick County, North Carolina and more particularly
described as follows:
rr,
SEE EXHIBIT "A', ATTACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE.
p.,

- Inst 0 171312- Book 1802Page: 1034
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that the Grantor is seized of the
premises in fee simple,. has the right to convey It4'same in fee simple, that title is
marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the
following exceptions hereinafter; stated. Title to the property hereinabove described is
subject to the following excyptions: < ,.
N.
1. Easements for utilities and dghts'bf way in the chain of title.
2. Restrictive covenants of record, including the Amendment of Declaration of
Covenants, Conditions and Restrictions for Oyster Harbour Planned
Community recorded in Book 1357 at Page 1087 of the Brunswick County
Registry and any subsequent amendments thereto.
IN WITNESS WHERtOF, the,Grantor f725 hgreunto set their hand and seal the
day and year first above written.
OYSTER HARBOUR, LLC
.,A North Carolina Limited Liability Company
'
f3l��'�
�: (SEAL)
STATE OF NORTH CAROLINA "" COUNTY OF c f
I, the undersigned, a Notary Public in and for the State and County aforesaid
certify that ulillra►.. G'. Allan•`' personally appeared before me this day and
acknowledged that s/he is IVA .qua- rz ^ of Oyster Harbour, LLC, a North
Camlina Limited Liability Conipany,,and thatW&itTRNit)(,duly given and as the act of the
�fkpgoing instrument was sighed byim/her.
wWESS my hand and seal this day of Aui U4 % 2003.
�p,TA n.y •,0 , ^�
Op•. [ loll �RUBLIC
k&y�jT-,Sitiriexpires: �lzy��aNO
r

Inst 0 17JA2 Book 1802Page: 1035
STATE OF NORTH CAROLINA ""e COUNTY OF BRUNSWICK
The foregoing (or annexed) Certificate(s) of
Notary(ies) Public (is)(are) certified to be correct: '.:This Instrument was filed for
Registration on the day and hour in the Book and Page shown on the first page hereof.
ROBERT J. ROBINSON,
REGISTER OF DEEDS
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing(or annexed) Cenificale(s) ofy NBNCY
Notary(ies) Public is (are) Certified to be Correct `'b
This Instrument was filed for Registration on this llth Day of hu ust 2003
in the Book and page shown on the First Page hereof. fM�
ROBEROBEM J. R N, RI ' 0 Register of Deed,

Inst D 1713'ik IAoh...1802Page: 1036
EXHIBIT "A"
For OYSTER HARBOUR HOMEOWNERS ASSOCIATION
All roadways as shown on those survey plats of Oyster Harbour.
Oyster Harbour, Phase I, recorded in°Map Cabinet 23'psges 154-158, (as revised in Map
Cabinet 23 at page 355);
Oyster Harbour, Phase II, recorded in Map Cabinet 23 pages 170-173 (as revised in Map
Cabinet 23 at page 258, Map Cabinet 24 at page 80, Map Cabinet 25 at page 107);
Oyster Harbour, Phase III, recorded in Map Cabinet 24, pages 292-293, Map Cabinet 25,
pages 284-285, (as revised in Map Cabinet2f at page 154, Map Cabinet 26 at pages 79-
82, Map Cabinet 27 at page:86);
Oyster Harbour, Phase III, recorded in Mao Cabinet 27 at page 164;
Oyster Harbour, Phase IV, recorded in Map Cabinet 26, pages 155-156 and Map Cabinet
26 at pages 271-272, Map Cabinet 26 at pages 326-327;
Oyster Harbour revision of Lot:'434 at Map Cabinet 27, page 158, all as recorded in the
Office of the Register of Deeds of Brunswic�;North Carolina.
a. _ts
That common area ameniiy site consisi4of 9.84 acres more or less as shown on that
plat of survey recorded in Map Cabinet 26 at Page 154 in the Office of the Register of
Deeds, Brunswick County, North Carolina, together with all improvements located
thereon.
This conveyance is made subjec$ to: 1) Declarant's/Developer's rights hereby reserved,
as set forth in that Declaratpir of Restriotu,;Covenants of Oyster Harbour Subdivision
recorded in Book 1402 at page 142,7 in the ORroa ",oQhe Register of Deeds, Brunswick
County, North Carolina; --and all Abndments filed Nireto; 2) Easement rights of
Developer, its heirs and/or assigns to go ij5on the subject property; 3) Ad Valorum taxes
for the current year, 4).Recorded and unrecorded rights of others to use the subject
property including but not limited to the rights of property owners within the subdivision.
t 'J�ru

acmW,,,k county--Registex of Deeds
Robert J. Robinson
Iost 8337810 Book 2417Page 530
06/26/2006 04:35:13M RecBdi5%$(�
RET�'�1 liv
TOT (O REV_TCt�-
RECt_CK AMTEddK
CASH REF —BY
Mail To: Jeffcoat, Pike, & Nappier, LLC, P..0. Box 440(70, Calabash, NC 28467
Prepared by: J. Harrison Rushton
WITHOUT OPINION OF TITLE
06787.034
STATE OF NORTH CAROLINA,Aiiunswick Cdytgt , ,
r'a,,, v ✓iG.'«
THIS DEED, made and entered into this 2_7� day of 9� / 2006, by and between
OYSTER HARBOUR, LLC, a North Carolina Limited Li bilk ity Company, hereinafter called
Grantor, and OYSTER HARBOUR HOMEOWNERS ASSOCIATION, INC. of Brunswick County
and State of North Carolina, hereinafter called Grantee, whose permanent mailing address is c/o 1630
Military Cutoff Road, Suite 108, Wilmitvon, NC 28403.
:' WITNESSETI�
That said Grantor, for and inconsideration of the sum of Ten Dollars ($10.00) to him in hand paid,
the receipt of which is hereby acknowledged, has remised and released and by these presents does
remise, release, convey, and forever quitclaim unto the Grantee, his heirs and/or successors and
assigns, all right, title, claim and interest of the Grantor in and to a certain lot or parcel of land lying
and being in Lockwood Folly Township; Brunswick County, North Carolina, and more particularly
described as follows:
See Attached Exhibit "A^
^z,
WITHOUT OPINION OF TITLE
To have and hold the aforesaid lot or -parcel of land and all privileges thereunto belonging to him,
the Grantee in fee simple.
The Grantor makes no warranty, express or implied as iii'the tide to the property hereinabove
described
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by
content.

trust 0 337810 Book 2417PaW: 539
IN WITNESS WHEREOF, the GRANTOR has, hereunto set his hand and seal, or if corporate,
has caused this instrument to be signed in its.corporatenlune by,.ils_duly authorized officers and its seal
to be hereunto affixed by authority of its Boarit .J Drectors, the`day'and year first above written.
OYSTER
-HARBOUR, LLC
_ William M.AlIen
"It's MEMBER/tvfAPPAC,BRc.
STATE: Wo411 CQeoiinc.
COUNTY: Union
I aV6 �I s. so"l-f a Notary Public of the County and State aforesaid, certify that
L\.I iDm perW'nally came before one this day, and (1 have personal knowledge of the
identity of the principal(s))(I have seen 46stactory evidgiiVolf,_, rincipal'. identity, by current state or federal
identification with the principal's photogdAph in ft'Jorm of a "W ✓1L��'rr.- (a credible witaesa has
sworn to the identity of the principal(ij) and acknow e'dw Ohe/sh" that e is me r/manager of Oyster Harbour, LLC, ■
North Carolina LLC, and that by authority duly given and ai $re act of such entity, he signed the fpregoing uutrument in its
name on its behalf as its act and deed. Witness my hand and official seal, this the day of /#Qri I , 2005.
n
Mycommissioncxpirea: 04 115-QO11
-10 , el
a.w..a asa
I4yI,aY
1iOiw."a
rrt►ww u.ma
otary Publr�tc�
b nY0.
(print notary's name
r-p
The foregoing Certificate(s) of
is/are certified to be correct. This instrument and this certificate are duly registered at the date and
lime and in the Book and Page shown on the Register of Deeds for
County.
By: , Deputy/Assistant — Register of Deeds
a^/k ,-

Irx4t 0 337810 Book 2417Page: 541
"Oyster Harbour, Phase V, Revision Plat" recorded in Deed Book 28 at Page 434 in the
Brunswick County Registry,
Tract 11: BEING that tract indicated as "Lake" as shown on plat by Hobbs
Surveying Company, Inc., dated August 21, 2003, and entitled "Oyster Harbour, Phase
V, Revision Plat", recorded in Map Book 28 at Page, 434 in the Brunswick County
Register of Deeds.
Tract 12: BEING that tract labeled as "SP 3" as shown on plat by Hobbs Surveying
Company, Inc., dated August 21, 2003, and entitled "Oyster Harbour, Phase V, Revision
Plat", recorded in Map Book 28 at Page 434 in the Brunswick County Register of Deeds.
Tract 13: BEING that 6.88 aete parcel shown as Open Space, as shown on plat by
Brian Hobbs, RLS, dated August28, 2002, and entitled "Oyster Harbour, Final Plat,
Open Space 2" and recorded in Map Book 26'a►'Page5Q9 in the Brunswick County
Register of Deeds.
Tract 14: BEING 0.07 acres shown as "Tract 3" as shown on plat by Hobbs
Surveying Company, Inc., dated February 4, 2003, and entitled "Hewett Tract, Boundary
Survey", and recorded in Map Book 27, at Pages 291-292, inclusive, in the Brunswick
County Registry.
Tract 15; BEING 0.16 acres shown as .4" as shown on plat by Hobbs
Surveying Company, Inc., dated Febi7wy 4.20
0�;`iNidfrt{ifd "Hewett Tract, Boundary
Survey', and recorded in 4, Book 27 `atPages 291-292,inciusive, in the Brunswick
County Registry. "°
Tract 16: BEING 5.30 acres shown as "Russell's Lake", as shown on plat by Hobbs
Surveying Company, Inc., dated February 4, 2003, and entitled "Hewett Tract, Boundary
Survey', and recorded in Map Book 27. at Pages 291-292, inclusive, in the Brunswick
County Registry. .
Tract 17: BEING 0.71':6cres shoJJta.as "Septic A"re`ic41es shown on plat by Brian
Hobbs, RLS dated August 29, 2001, and'6titled "Oyster Harbour, Easement Plat, Septic
Area 4", and recorded in Map Book 26 at Page 270 in the Brunswick County Registry.
,Tract 18: BEING 0.46 acres shown as "Septic Area 6" as shown on plat by Hobbs
Surveying Company, Inc., dated December 5, 2002 and entitled "Oyster Harbour,
Easement Plat, Septic Area 6 & Lot 43411", and recorded in Map Book 27 at Page 158 in
the Brunswick County Registry,:.
�r
Tract 19: BEING 0.99 acres showd Septic Area 1i�a4 shown on plat by Brian
Hobbs, RLS, dated September 20, 2001 anentitled Oyster Harbour, Easement Plat,
Septic Area 3" and recorded in Map Book 25 at Page 1 in the Brunswick County
Registry.

Irdt 1 337810 Book 241713age: 542
Tract 20: BEING 0.90 acres shown as Lot I as shown on plat by Hobbs Surveying
Company, Inc. dated January 3, 2000 and entitled "Bellamy Place" and recorded in Map
Book 22 at Page 259.

\ \ v Munal,,"
Robert J. wy9rsrec urueoa
Inst #36716 0aok 1357Paga 1087
02/08/2Wo 09:10.7a gecl 3SC92.
DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
OF
OYSTER HARBOUR SUBDIVISION
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF OYSTER HARBOUR SUBDIVISION AND OYSTER HARBOUR Homeowners
Association,Inc., hereinafter referred to as "Declaration" is made this 'I- day of
February, 2000 by Oyster Harbour, LLC, hereinafter referred to as "Declarant", and
any and all persons, firms, of corporations hereinafter acquiring any of the within
described. property or any of the property hereinafter made subject to this Declaration.
WITNESSETH:
WHEREAS, Declarant is the owner of certain Property in Brunswick County,
North Carolina known as OYSTER HARBOUR SUBDIVISION, of which is more
particularly described by plat(s) showing
inclusive; which is recorded in the following Plat Book and Page:
aa .4 25-1 r 'S r ENh- rrafdp n the Office of the Register of Deeds for
Brunswick County to which reference is hereby made for more complete descriptions;
and
WHEREAS, Declarant has agreed to establish a general plan of development as
herein set out to restrict the use and occupancy of the Property made subject to this
Declaration for the benefit of the present and the future owners thereof; and
WHEREAS, Declarant intends to subject to this Declaration additional portions
of OYSTER HARBOUR SUBDIVISION for the purpose of extending the general
scheme of development to such additional Property and accordingly declares OYSTER
HARBOUR SUBDIVISON may be expanded to include additional property; and
WHEREAS, Declarant desires to provide for the preservation of the values of
OYSTER HARBOUR SUBDIVISION as expanded hereby and hereinafter made
subject to this Declaration and for the preservation and maintenance of the Common
Property established by the Declaration and by the supplements hereto.
NOW, THEREFORE, in accordance with the recitals which by this reference
are made a substantive part hereof, Declarant declares that all of the property described
on said recorded plats and all of the property hereinafter made subject to this
Declaration by recorded supplements hereto referencing subsequently recorded plats,
shall be held, sold, and conveyed subject to the following easements, restrictions,
covenants, and conditions, which are for the purpose of protecting the value and
desirability of OYSTER HARBOUR SUBDIVISION as it now exists and is hereafter
expanded and that such easements, restrictions, covenants, and conditions shall burden
and run with said real Property and their heirs, successors and assigns having any
right, title, or interest in the Properties now or hereafter subjected to this Declaration or
any part thereof, and shall inure to the benefit of each owner thereof and burden each
owner's real Property that is subjected to this Declaration. t�-l�
i �rCV.��-oo EUVEi
i
NOV 0 5 2012
TOTAL ^• REV--_ rre 9 8
CASH — REF....._..„

brat 1 36716 Book 1357page: 1088
ARTICLE I
DEFINITIONS
"Association" shall mean and refer to OYSTER HARBOUR Homeowners
Association, Inc., a not for profit North Carolina corporation, its successors and
assigns.
"Owner shall mean and refer to any contract buyer and/or the record owner,
whether one or more persons or entities, of a fee simple title to any lot which is a part
of any of the Property made subject to this Declaration, but excluding those having
such interest merely as security for the performance of an obligation, provided
however, the Declarant shall not be deemed an Owner.
"Property" shall mean and refer to that certain property shown on plat(s)
recorded in Plat Books and Pages: D.5') , 9.55f.
a6O *" a6 t 8 t d®iof the
Register of Deeds for Brunswick County, North Carolina and any additional property
which Declarant may make a part of this Subdivision, as provided for in the
Declaration of Restrictive Covenants of OYSTER HARBOUR SUBDIVISION,
recorded separately. The terms "Property;' "Subdivision," .and "OYSTER
HARBOUR" are interchangeable.
"Lot" shall mean and refer to any improved or unimproved building lot shown
upon any recorded subdivision plat of this Subdivision.
"Dwelling Unit" shall mean and refer to the completed single family home
located upon a Lot.
"Declarant" shall mean OYSTER HARBOUR, LLC, a North Carolina Limited
Liability Company, and its successors and assigns if such successors and assigns
acquire two or more undeveloped lots from the Declarant for the purpose of
development and if the rights and obligations of the Declarant hereunder are expressly
assigned to and assumed by such successors and assigns.
"Common Property" shall mean all property owned by the Association for the
common use and enjoyment of all or a designated class of members. Common
Property includes without limitation all existing and future roads and right-of-ways
and all greenways, median strips, cul-de-sac centers, planting areas, and recreational
areas, and facilities, open space, walking trails, easements, boat ramps, community
boat slips, and community piers that am developed on the Common Property (it being
understood that this enumeration is by way of description of the type of facilities that
may be developed and in no way shall bind or obligate the Declarant to provide any of
the described facilities) and all entry way, directional, and informational signs (and the
areas set aside for their location) and any other property as may be purchased or
provided for the common use and benefit of the Declarant, the Owners, and any
member in the Association, including without limitation such Common Property as
may be shown on the recorded plat(s) of the Property. Except bye the Declarant, the
Common Property shall not be used for public commercial purposes, but may be used
for enjoyment of the Association's members for fund-raising activities to support the
purposes of the Association.
"Committee" shall mean the Architectural Review Committee established by
the Declarant for the purpose of administering control over architectural, landscaping,
and related matters, as provided in Article V of this Declaration.

Innt 1 36716 Book 1357Page: 1089
ARTICLE 11
RIGHTS AND DUTIES OF THE ASSOCIATION
AND PROPERTY OWNERS ASSESSMENTS
Section 1. Owner's Easements of Enjoyment. The Declarant and, to the extent
provided by this Declaration, every Owner shall .have a right and easement of ingress,
egress, and regress over the Common Property and over the roads within the Property,
to be used in common with others, for the purpose of providing access to lot(s) owned
or dwelling unit(s) owned by the owner for himself, his family, agent's, licensees and
invitees, and for his and their non-exclusive use .and enjoyment of the Common
Property, subject however to the limitations on such use and enjoyment of the Common
Property as provided for in this Declaration. Every Owner, and the members of such
Owner's family who reside with such Owner or are overnight guests of such Owner,
shall have the right to use the recreational areas within the Common Property, subject
however to such Owner paying when due the dues and assessments of the Association
and abiding by all rules and regulations of the Association, including without limitation
those governing the use of the recreational areas and the Common Property. Non -
Owners shall only be entitled to use the recreational areas on such terms and conditions
as the Association may select.
Section 2. Annual Assessments.
(a) The Association shall have the duty to repair, replace, and maintain all
recreational areas and improvements located thereon, and all streets, roads, road right-
of-ways, and other Common Property. The Association shall have the right, from time
to time, to establish a reasonable assessment, which assessment shall be paid by each
Owner in such periodic installments as the Association may determine, to be used to
pay: (1) the operating and administrative expenses of the Association; (2) the costs of
maintenance, upkeep', replacement and repair of all recreational areas, and
improvements located thereon, and all streets, roads, road right-of-ways, and other
Common Property; and (3) other expenses necessary or useful to maintain and operate
the Association and the recreational facilities (including, without limitation, the
procuring, maintenance and paying the costs of insurance related to the Common
Property and of surety and other bonds related to the management of the Common
Property and the Association). It is understood (by way of example and without
limitation) that the assessment funds shall be used for such matters concerning Common
Property as the following: maintenance, repair and replacement of improvements within
the recreational areas, the seeding and re -seeding road right-of-ways and Common
Areas, erosion control, repairing of road shoulders, surfacing, patching and resurfacing
of parking lot and road pavement, placement of gravel, and planting and maintenance of
shrubs, trees and seasonal Flowers.
(b) The annual assessments may also be used by the Association for the
purpose of adding to the recreational facilities.
(c) The annual assessment payable by each Owner shall he $395.00 per lot
per calendar year. The annual assessment shall be due and payable on January 31 of
each year. This assessment shall be deferred as to any lot purchased by a builder with
the intent to build a house for resale to the public at large. This assessment will be
payable as to any lot purchased by a builder who purchases a lot for the purpose of
building a custom home under contract with the ultimate residents. This assessment
will be prorated on a calendar year basis from the date title to each lot for which an
assessment is payable is transferred to the Owner.

(d) The annual assessment may be increased or decreased by the hoard of
directors of the Association without a vote of the membership to an amount not more
than ten percent (10%) in excess of the annual assessment for the previous year. A
majority vote of each class of voting members of the Association must approve an
increase or decrease in the yearly assessment if the increase or decrease exceeds the
assessment for the previous year by more than ten percent (10%).
(e) Annually the board of directors of the Association shall have determined
and shall have given written notice to each Owner of the annual assessment affixed
against each owner for the immediately succeeding calendar year.
Section 3. Special Assessments.
In addition to the assessments specified herein above, the Association may levy
special assessments for the purpose of supplementing the annual assessment if the same
are inadequate to pay the reasonable maintenance expenses and operating costs of the
Association as described in Section 2 hereof, provided that any such special assessments
shall have the assent of a majority of each class of the voting members of the
Association at a duly called meeting.
Section 4. Removal of Obstructions and Unsightly Growth, Debris and
Materials.
(a) The Association may remove any obstructions of any nature located
within road right-of-ways or other Common Property (including but not limited to
trees, shrubs and mailboxes) which, in the opinion of the Association, either might
produce a hazard or might interfere with the ability or willingness of the State of North
Carolina (or agency or department thereof) to take over the responsibility for
maintenance of the roads.
(b) The Association shall have the right, in its sole discretion, to charge
back the actual cost to it of removing obstructions against the Owner who directly, or
throughout his agents, contractors or invitees caused or permitted the obstruction to be
placed in the road right-of-way or other Common Property, and such Owner shall
indemnify and save the Association harmless from all liability, claims, damages and
expense imposed upon the Association, at law or in equity, caused by or resulting from
the placement of the obstruction in the road right-of-ways or other Common Property.
In the event the Owner responsible for such charge or liability as aforesaid fails and
refuses after demand by the Association to pay said charge or liability, then the
Association shall have a lien against his lot thereon and may enforce collection of the
charge or liability, together with reasonable attorneys' fees, by any and all remedies
afforded by law or in equity, including without limitation, the filing of a notice of lien
and perfecting the same as by law provided, to the and that such charge or liability shall
become a charge against the said lot or dwelling unit.
(c) If the Association, in its sole discretion, determines that any lot has
become unsightly due to grass or weeds that have not been mown, or due to debris of
any nature having accumulated on the lot, then the Association shall have the right from
time to time to enter the said lot for the purpose of mowing the grass or removing the
debris. At lest ten (10) days prior to entering a lot for said purpose, the Association
shall advise the Owner by letter, sent to his last known address, of the action to be
taken if the Owner does not remedy the problem within the said ten (10) day period.
The Association shall take reasonable steps to avoid damage to any trees planted on
such lot, to the extent that the Association has been put on written notice in advance by
the Owner of the approximate location on a chart or map of such tot showing the
location of planted trees to be avoided.

L
(d) The Association shall have the right in its sole discretion, to charge back
the actual cost of mowing the grass or removing the debris against the owner. In the
event the Owner responsible for such charge or liability as aforesaid tails and refuses
after demand by the Association' to pay said charge or liability, then the Association
shall have a lien against his lot thereon and may enforce collection of the charge or
liability, together with reasonable attorneys' fees, by and all remedies afforded by law
or in equity, including without limitation, the filling of a notice of lien and perfecting
the same as by law provided to the end that such charge or liability shall become a
charge against the said lot or dwelling unit.
Section 5. Duty to Make Repairs
(a) Until accepted for maintenance by governmental authority, the obligation
for the repairs, maintenance and improvements of the roads as shown the aforesaid
plat(s) or any other common property shall be the responsibility of the Association with
the Owner of each lot except as provided herein, being responsible for payment of the
assessments levied by the Association, which assessments shall be the personal
obligation of the Owner of each lot.
(b) The decision to expend Association funds to repair and maintain the
roads the roads or other Common Properly shall be made by a majority of the board of
directors of the Association. By such vote, the board may delegate such authority to
any committee of the board. No owner may waive or otherwise escape liability for the
assessments provided for herein by non-use or abandonment of his lot.
(c) Not withstanding the foregoing, each Owner of a lot shall he solely
responsible for any repairs to a road right-of-way or other Common Property caused by
the negligent act or acts of said owner, his or her invitees, agents, licensees, or guests.
For these purposes, it shall be a negligent act for any building material to be unloaded
on any road or road right-of-way.
Section 6. Late Charges and Interest on Unpaid Assessments
Any assessment not paid within thirty (30) days after the due date shall be subject to
such late charges and shall bear interest at a rate per annum as shall be determined by
the board of directors of the Association, which interest rate shall not exceed the
highest rate of interest allowed by law. The initial late charge imposed for late payment
of any assessment is $25.00 and shall be charged as to any assessment that is not paid
within 30 days of its due date. The initial interest rate for late payment is 18'% per year
(1.5% per month) which shall commence to accrue on any assessment or other account
balance that is not paid within thirty (30) days of the date due. The initial date upon
which liens may be filed for failure to make payment of assessments and other charges
is thirty (30) days after the due date. The board of directors may change the initial late
charge, interest rate, due dates and lien assessment date by majority vote of the
directors.
Section 7. Lien for Unpaid Assessments
(a) In the event the Owner of any lot fails and refuses, after demand by the
Association, to pay any annual or special assessment then the Association shall have a
lien against said lot and may enforce collection of said assessment in law or in equity,
including without limitation, the filing of a notice of lien and perfecting the same as by
law provided to the end that such unpaid assessment together with the costs and
expenses of collection, including without limitation, reasonable attorneys' fees; shall be
a charge and lien against the said lot.
(b) To secure the payment of the annual and special assessments as are
levied by the Association, together with the cost of collection including attorney's fees,
all such charges shall be a continuing lien upon the lot against which the assessments

are made. Such charges shall also be their personal obligation of the person(s) who
were the owner or owners of such lot at the time the assessment came due. Their
personal obligation shall remain a lien upon the lot upon transfer of title but shall not
become the personal obligation of the purchasers thereof unless expressly assumed by
them.
(c) Neither the assessments nor the costs of collection shall he a lien upon
any Common Property nor shall the lien upon any lot for such charges he senior to any
first lien mortgage or first lien deed of trust regardless of the fact the lien arose prior to
the date and time of recording of any such first lien mortgage or deed of trust.
ARTICLE III
MEMBERSHIP, VOTING RIGHTS, OFFICERS AND MEETINGS
Section 1. Membership Every owner of a lot which is .subject to this
Declaration shall be a member of the Association. Membership is appurtenant to and
may not be assigned. If and when Declarant develops additional Sections in the
Subdivision the Owners of those lots shall be members of the Association. The
Declarant shall also be a member so long as it owns property within this expandable
Subdivision.
Section 2. Class Membership Section 2. Class Membership Voting The Association shall have two (2)
classes of membership:
Class A
Class A members shall be all lot Owners with the exception of Declarant, and
shall be entitled to one vote for each lot owned. When more than one (1) person owns
an interest in a lot all such persons shall be members but the vote for such lot shall be
exercised as they, among themselves, shall determine in writing, which writing shall be
filed with the Secretary of the meeting prior to voting, but in no event shall more than
one vote be cast with respect to any lot.
Class B.
(a) Class B members shall be entitled to vote ten (10) votes for each lot
owned. Class B membership shall consist of the Declarant, or its successors or assigns,
until the happening of either of the following events whichever occurs earlier.
1. The earlier of four months after ninety percent (90%) of all the lots in
the Subdivision are sold as well as all adjacent undeveloped acreage sold and conveyed
by the Declarant to unrelated third parties; or
2. Ten (10) years from date of recordation of this Declaration; or
3. At such time as Declarant voluntarily relinquishes Majority control of
the Association by a duly recorded instrument.
(h) Upon the happening of the earlier of either the three above described
events, Class B membership shall cease and terminate and shall be converted to Class A
membership.
Section 3. Board of Directors. There shall be three (3) members of the board
of directors of the Association who shall serve until such time as their successors are
duly elected and agree to serve. The directors shall have annual meetings and other

".I
such meetings as may be called at the request of the president of the Association or by
any two (2) directors. So long as the Declarant, or its successors and assigns, is the
Class B member, it shall select the board.
Section 4. Suspension of Voting Rights. The Association shall have the right
to:
(a) Suspend the voting rights (if any) of an Owner for any period during which
assessment on his lot remains unpaid and enforce collection of the same, and
(b) Suspend the voting rights (if any) of each Owner who is a contract buyer for
any period of time during which payments to the Declarant pursuant to terms of said
contract are delinquent, during which period of time the Declarant shall succeed to the
voting rights of said contract buyer.
Section 5. Additional Sections
The Declarant reserves the right (but is not obligated) to develop one or more
additional Sections of OYSTER HARBOUR SUBDIVISION and incorporate the same
within the provisions of this declaration.
ARTICLE IV
CONVEYANCE OF COMMON PROPERTY
Within ten (10) years from the date of recording of this Declaration, Declarant
will convey by deed its right, title, and interest in and over the road right-of-ways and
any other Common Property within the Subdivision to (he Association.
ARTICLE V
ARCHITECTURAL CONTROL
(a) In order to control design and location of the houses and other
improvements to be constructed, erected; placed, or installed (hereinafter
"improvements") upon the lots in the Subdivision, the Declaram hereby creates an
Architectural Review- Committee (hereinafter "Committee") for the purpose of
reviewing, approving, suggesting changes to, and rejecting plans and specifications for
such 'improvements (regardless of when such Improvements are made), and the
landscaping of each lot. This Committee is also created for the purpose of reviewing,
approving, suggesting changes to, and rejecting swimming pools, out buildings, boat
houses, ramps, piers, driveways, enclosures for satellite dishes, and if Declarant so
desires, for mailbox design. This Committee will be responsible for the control of size,
color, materials, and content of rental and sales. signs in this Subdivision, and for the
approval or disapproval of boats, boat trailers, travel trailers, motor homes, tractor
trailer trucks, or any other such vehicle, that are kept or maintained or located upon
any lot unless located within enclosed garages. The Committee will also be responsible
for the control of temporary construction shelters or vehicles in this Subdivision. The
Committee will require a fee of $250.00 to review house plans for each Owner wishing
to build. The review process may he subcontracted out at the discretion of the
Committee.

'(b) .The Committee shall consist of three persons designated or appointed
from time to time by the Declarant. After 90% of the lots in Subdivision are sold and
90% of undeveloped acreage is sold by the Declarant, its successors or assigns, said
Committee shall be elected by a majority vote of the Board of Directors; provided,
however, Declarant, its successors or assigns, shall be entitled to at least one
Conunittee member until all of its lots in this Subdivision have been sold.
$, . (c) Except within the building site (unless within 20' of the main dwelling),
.r no trees of any kind in excess of 6 inches in diameter at ground level may he removed
from any lot without prior approval of the Committee. No building, fence, wall,
outbuilding, or any other accessory feature to the dwelling or any mher structure upon
N any lot shallbe commenced, erected, placed, maintained, or altered on any lot or
combination of contiguous lots until the Complete Construction Plans (hereinafter
"Plans") are approved in writing by the Committee or its designated agents.
u (d) The Plans include the complete construction plans, the plot plan (showing
proposed location and elevation of such building, fences, walks, drives, parking area,
etc.) proposed building plans and specifications, exterior color, Finish, and materials.
The areas over which the approval shall be required shall include but shall not be
limited to the size and plan of the principal residential structure, and all accessory
buildings, structures and improvements on the lot, the location of the well, the size and
plan of the garage or carport, location and manner of construction of each driveway,
swimming pool, utility building, patio, tennis court, and other improvements for
athletic, recreational, or gymnastic purposes, and all other exterior improvements, the
composition and color of raw and finished materials used on the exterior of all
structures, and the location and type of any landscaping, shrubbery, and other
plantings.
(e) With a set of plans, a $500,00 refundable road repair bond must be
posted with the Homeowners Association. If the road shoulders and road have not been
damaged during construction, the bond will be refunded.
(1) The Committee or its designated agents shall have forty five (45) days
after physical receipt of the plans to acceptor reject the same in whole or in part. If no
response by the Committee has been trade in writing within said forty five (45) days,
the plans shall be deemed to be approved as submitted. After the plans are approved
and after the Committee gives written permission for construction to begin, the actual
construction shall be commenced and completed in accordance with the approved Plans,
together with the requirements of the Declaration and, in this regard each Owner shall
provide the Committee with the foundation survey as soon as it is made. The
Committee shall have the right to waive setback violations when the remedial costs of
correcting such violation, in the Committee's opinion, would impose undue hardship
upon the violator.
(g) The actual construction shall be the responsibility of the Owner of the lot
and his builder. Any permission granted for construction under this covenant and any
designation of approved licensed contractors shall not constitute or be construed as an
approval, warranty or. guaranty, expressed or implied, by the Declaram or the
Committee or its designated agent of the structural stability, design or quality of any
building or other improvement or of the contractor who constructs such buildings or
other improvements.
ARTICLE VI
GENERAL USE RESTRICTIONS
Declarant does hereby covenant and agree with all persons, firms or
corporations hereafter acquiring tide to any portion of the Property, that the Properly
shown on the recorded plats) herein referred to, and all Property presently owned as
pan of OYSTER HARBOUR SUBDIVISION which plat(s) are to be recorded, and all

Property which may be acquired in the future to be made a part of OYSTER HARBOUR
SUBDIVISION, is made subject to the Declaration of Restrictive Covenants of OYSTER
HARBOUR SUBDIVISION as may be amended or modified (hereinafter referred to as
"Restrictions") which Restrictions shall be recorded separately and shall refer to this
Declaration and incorporate it by reference.
ARTICLE V I I,
CAPTIONS, ENFORCEMENT AND INVALIDATION
Section 1. Whenever the context and construction so require, all words used in
the singular number herein shall be deemed to have been used in the plural, and vice
versa, and the masculine gender shall include the feminine and neuter and the neuter shall
include the masculine and feminine.
Section 2. The captions herein are inserted only as a matter of convenience and
for reference and in no way define, limit or describe the scope of this Declaration nor the
intent of any provisions hereof.
Section 3. Enforcement shall be by proceedings at law or in equity against any
person or persons violating or attempting to violate any covenant, either to restrain
violation or to recover damages. In the event it is necessary to enforce this Declaration by
appropriate legal or equitable proceedings, the party or parties violating or attempting to
violate the same shall be liable for the cost of such proceedings including reasonable
attorneys' fees.
Section 4. Invalidation of any one or more of these covenants by judgment or
court shall not adversely affect the balance of this Declaration, which shall remain in full
force and effect.
Section 5. The Declarant reserves the right to amend this Declaration from time
to time without joinder of any of the Owners.
IMt 1 36716 Bonk 135'/Page; 1095

ARTICLE Vlll
THESE RESTRICTIONS RUN WITH THE LAND
This Declaration of Covenants, Conditions and Restrictions of OYSTER
HARBOUR SUBDIVISION and OYSTER HARBOUR Homeowners Association, Inc,
are to run with the land and shall benefit and be binding on all parties and persons (and
their respective heirs, representatives, successors and assigns) claiming tide to any of
the Property herein described for a period of thirty (30) years from the date this
Declaration is recorded, after which time said Covenants shall be automatically
extended for successive periods of ten (10) years, unless an instrument signed by -a
sixty-six percent (66%) majority of the then Owners of the lots, and die Declaram and
has been recorded agreeing to change said Declaration in whole or in part.
IN WITNESS WHEREOF, the Declarant has caused this Declaration of
Covenants, Conditions and Restrictions of OYSTER HARBOUR SUBDIVISION and
OYSTER HARBOUR Homeowners Association, Inc. to be duly executed this _
day of February,2000. .,
1096 OYSTER HARBOUR, LLC.
Iru+t g 36716 Book 1351Pa9e'
By.
Manager
STATE OF NORTH CAROLINA )
COUNTY OF 3ru-nsw%ck )
11 1, a NotaryPublic of the County and State aforesaid, certify that
W : 1 1 , fi..+� • 4 //Q. n . personally came before me this day and
acknowledged that he is the Manager of Oyster Harbour, LLC., a North Carolina
limited liability company, and that by authority duly given and as the act and deed of
the said company the foregoing instrument was signed him.
Notary Public: I ,/Aid(,f/(,l.t,H,c,_
Commission expires: /^ 1 - a0 0 �..
e0a
'*&BL10
STATE OF NORTH CAROLINA .
COUNTY OF BRUNSWICK
The Foregoing(of annexed) CerliOcate(s) of CAROL WARNER SORTINI
Notary(i") Public is (arc) Certified to be Correct.
This Instrument was filed for Registration on this 8th Day of February 120(10
in the Book and Page shown on the First Page hereof. :i h�^
ROBERT J. RO11l?VS0NJ RegliteruY-
10

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Robert J. Rabinaml
Iand: 136717 Book 1357Page 1097
02/08/2000 09:18am Red 3��2
DECLARATION OF
RESTRICTIVE COVENANTS
OF
OYSTER HARBOUR SUBDIVISION
THIS DECLARATION OF RESTRICTIVE COVENANTS OF OYSTER
HARBOUR SUBDIVISION is made this day of February, 2000 by Oyster
Harbour, LLC hereinafter referred to as *Declarant", and any and all persons, firms, or
corporations hereinafter acquiring any of the within described property or any of the
property hereinafter made subject to this Declaration of Restrictive Covenants of
OYSTER HARBOUR Subdivision, hereinafter "Restrictions."
W ITN ESSET H:
WHEREAS, Declarant is the owner of certain property in Brunswick County,
North Carolina known as OYSTER HARBOUR Subdivision; and
WHEREAS, Phase I of OYSTER HARBOUR Subdivision is more particularly
described by plat(s) thereof recorded in the ['allowing Plat Book(s) and Page(s),
�. e.,4 County
a.FB ley QC"0-�lin the Office of the Register of Deeds for
Brunswick County to which reference is hereby made for a more complete description;
and plat(s) for additional phases made a part of this subdivision will be recorded at a
later date; and
WHEREAS, said lots are so situated as to comprise a neighborhood unit and it
is the intent and purpose of the owner to convey. the aforesaid lots to persons who will
erect thereon residences to be used for single family purposes, subject to the provisions
hereinafter set forth; and
WHEREAS, Declarant has agreed to establish a general plan of development as
herein set out to restrict the use and occupancy of the property made subject to these
Restrictions, and the Declaration of Covenants, Conditions and Restrictions of
OYSTER HARBOUR Subdivision and OYSTER HARBOUR homeowners
Association, Inc., hereinafter "Declaration", recorded separately in the Office of the
Register of Deeds for Brunswick County for the benefit and protection of the property
and for the mutual protection, welfare and benefit of the present and the future owners
thereof; and
WHEREAS, Declarant desires to provide for the preservation of the values of
OYSTER HARBOUR Subdivision made subject to these Restrictions and the
Declaration and for the preservation and maintenance of the Common Property
established by the Declaration and by the supplements thereto.
NOW, THEREFORE, in accordance with the recitals which by this reference
are made a substantive part hereof, Declarant declares that all of the property described
herein on above said recorded plat(s) is made subject to these Restrictions and the
Declaration and shall be held, sold and conveyed subject to the following easements,
restrictions, covenants and conditions, which are for the purpose of protecting the value
and desirability of OYSTER HARBOUR Subdivision as it now exists and is hereafter
expanded and that such easements, restrictions, covenants and conditions shall burden
and run with said property and be binding on all parties now or hereafter owning said
real property and their respective heirs, successors and assigns, having any right; title
or interest in the properties now or hereafter subjected to these Restrictions and the
Declaration, or any part thereof, and shall inure to the benefit of each owner thereof
and their respective heirs, successors and assigns.
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mast 8 36711 Book 13571? gP: 1098
PROPERTY SUBJECT TO THESE RESTRICTIONS AND THE DECLARATION
AND ADDITIONS 771ERETO
1. Existing Property. The real property which is, and shall be held,
transferred, sold, conveyed and occupied subject to these Restrictions and the
Declaration, irrespective of whether there may be additions thereto as hereinafter
provided, is located in Brunswick County, North Carolina, and is shown on maps
recorded in Map Book (s) and Page(s) Plat Book _, Page in the Office of
the Register of Deeds for Brunswick County.
2. Additions to Existing Property. Additional property may be brought
within the scheme of these Restrictions and the Declaration and the jurisdiction of the
Association:
(a) Declarant reserves the right to subject to this Declaration other
certain contiguous property that it owns or may acquire, which may be developed into
tracts and roadways and tray later be made a part of OYSTER HARBOUR
Subdivision. Declarant shall have and hereby reserves the right and option, from time
to time and for so long as the Declarant owns any contiguous property, to subdivide all
or any portion of the same into additional tracts by the filing of a plat designating such
tracts on the recwrds,of Brunswick County, North Carolina, and upon any such tiling
the number of tracts located on the properly shall be increased to include such
additional trans:
(b) Additional residential property and common area, consisting of
not more than five hundred (500) acres, outside of the area may be annexed to the
properties and brought within the scheme of these Restrictions and the Declaration and
the jurisdiction of the Association in future stages of development without the consent
of the Association or its members; provided, however, that said annexations, if any,
must occur within ten (10) years after the date of this instrument.
(c) The additions authorized under subsections (a) and (b) shall be
made by filing of record Supplementary Declarations of Declaration of Restrictive
Covenants of OYSTER HARBOUR Subdivision and by filing of record Supplementary
Declarations of Declaration of Covenants. Conditions and Restrictions of OYSTER
HARBOUR Subdivision and OYSTER HARBOUR Homeowners Association, Inc„
with respect to the additional properties which shall extend the scheme of these
Restrictions and the Declaration and the jurisdiction of the Association- to such
properties and thereby subject such additions to assessments for their just share of the
Association's expenses. Said Supplementary Declarations may contain such
complementary additions and modification of these Restrictions and the Declaration as
tray be necessary.
GENERAL USE RESTRICTIONS
Declarant does hereby covenant and agree with all persons, firms or corporations
hereafter acquiring title to any portion of the Property that the Property is hereby
subject to these Restrictions as to the use thereof and do agree, publish and declare that
the deeds hereinafter made by it to purchasers of the Property shall be made subject to
the Declaration and to the following Restrictions:
1. Except as otherwise provided in these Restrictions, the lots shall be used
for reaidoatial P.Poeea only, and so structure shall be erected, placed, uttered ur
permitted to remain on any lot other than one detached, 'single-family dwelling and
related structures incidental to the residential use of the lot, such as garages and boat
houses, which otherwise comply with these Restrictions, except that Declarant reserves

lnsit 1 36717 Book 1357Page; 1099
the exclusive right to construct a roadway over any lot owned by it in order to grant
access to other property acquired by Declarant and in such cases the remainder of any
such lot not used for the roadway shall still be subject to these Restrictions.
2. Each single-family dwelling shall have an enclosed, heated living area
(exclusive of open porches, garages, and other unheated spaces) not less than Two
Thousand Four Hundred (2,400) square feet on waterfront lots and One Thousand Eight
Hundred (1,800) square feet on water access lots. The design, location, and
construction of all improvements on each lot (regardless of when such improvements
are made) and the landscaping of each lot must be approved hi advance by the
Architectural. Review Committee, hereinafter referred to as the "Committee", which
Committee is established pursuant to the Declaration.
3. All improvements to the lot must comply with Brunswick County setback
requirements or those set out in the recorded plat.
4. More than one lot (as shown on said plat(s)) or portions thereof, may be
combined to form one or more lots by (or with the written cobsent of) Declarant, its
successors and assigns. No lot may be subdivided by sale or otherwise, except by (or
with the written consent of) Declarant, its successors and assigns. Upon combination
or subdivision of lots, the building line requirements prescribed herein shall apply and
the easements reserved herein shall be applicable to the rear, side and front lot lines of
such lot as combined or subdivided. The resulting building site and structures erected
thereon must otherwise comply with these Restrictions and the new property line of the
resulting building site shall be used to compute the set -back lines as set forth herein.
5. All connections of private driveways to OYSTER HARBOUR road
system, and all connections of private easements and right-of-ways to that road system
shall be constructed and maintained in accordance with the rules, regulations and
specifications as approved by The Architectural Review Committee of OYSTER
HARBOUR Homeowners Association, Inc.
6. There shall be no signs, fencing, or parking permitted within the road
right-of-way.
7, No building, fence, wall, pool, outbuilding, driveway, or any other
accessary feature to the dwelling or any other structure upon any lot shall be
commenced, erected, placed, maintained or altered on any lot or combination of
contiguous lots until the Complete Construction Plans (hereinafter "Plans") are
approved in writing by the Committee or its designated agents. The Committee's
refusal or approval of plans may be based upon purely aesthetic considerations, which
in its sole discretion the Committee shall deem sufficient, but approval shall not
unreasonably be withheld. One copy of all plans and related data shall be furnished to
the Committee for its records. If no action is taken by the Committee within forty five
(45) days after plans are submitted to it, the owner may proceed to build without
approval.
g. Construction of new residential buildings only shall be permitted, it
being the intent of this covenant to prohibit the moving of any existing building or
portion thereof on a lot and remodeling or converting the same into a dwelling unit in
this subdivision, excepting however, Declarant's mobile offices provided for
hereinbelow.
9. With the exception of construction which is interrupted or delayed due to
physical damage to the work in progress (such as damage due to fire, lightning,
windstorm, hail, riot or civil commotion, explosion, or theft), any dwelling constructed
upon a lot must be completed within one (1) year subsequent to commencement of
construction, except with the written consent of Declarant, its successors or assigns, or,
if the Declarant so designates, by the Committee. The normal period of completion
time for outbuildings or other improvements shall be presumed to be four (4) months

Irurk # 36717 Book 1357Page: 1.100
from the issue date of the building permit. In the event that completion of the dwelling,
outbuildings, or other improvements on any lot is not completed within one year, and it
is determined that construction progress has diminished to such an extent that
completion of the dwelling, outbuildings, or other improvements is unlikely within
120 days, OYSTER HARBOUR Homeowners Association, Inc., hereinafter referred
to as the "Association", will be advised of this determination. The Association shall
then have the right to give notice to the owner that the owner has the obligation, within
30 days, to complete the removal of all the construction work in progress, including
without limitation, the foundation and all building improvements and all stored building
materials, and fill and grade the lot so that it is restored to its natural grade level, and
the Association shall have the right to undertake this work upon owner's failure to do
so and charge the cost to the owner and place a lien upon the lot upon owner's failure
to pay these charges.
10. No trailer, truck, van, mobile home, tent, camper, barn, garage, or other
outbuilding or temporary structure parked or erected on lots in this Subdivision shall at
any time be used as a residence, temporarily or permanently, nor shall any structure of
a temporary character be used as a residence; provided, however, that this prohibition
shall not apply to shelters used by the contractors during the construction of the main
dwelling house, it being clearly understood that these temporary shelters will not be
permitted to remain on any lot after completion of construction. The Committee shall
have the right to approve or disapprove these temporary construction shelters or
vehicles. The Committee, upon approval of a temporary construction shelter or
vehicle, will issue a letter stating the length of time such shelter -will be allowed to
remain upon such lot and where such shelter is to be located upon such lot.
11. All homes constructed in OYSTER HARBOUR Subdivision must be
supplied with water for normal domestic use from a public utility company, if
available. If public water is not available or a property owner wants a well for other
uses the individual owner shall locate the well drilled on such owner's lot so as to
comply with all the governmental regulations regulating the minimum distance between
such well and septic fields proposed or approved for owner's lot and all lots adjoining
such owner's lot. Before drilling a well, each owner must submit a site plan [mating
the proposed building site, drainage and repair septic field and well site.
12. Exposed exterior walls composed of the following materials shall be
prohibited from OYSTER HARBOUR Subdivision! concrete block, imitation asphalt
brick siding, imitation asphalt stone siding, tar paper.
13. Declarant shall be permitted to erect one mobile office on any lot that it
owns for the purpose of maintaining a sales information center and construction office.
14. No noxious or offensive trade or activity shall be carried on upon any
lot, nor shall anything be done thereon which may become an annoyance or nuisance to
the neighborhood. No animals or poultry of any kind, except dogs and cats and other
indoor household pets may be kept on any lot. Each owner must we to it that all of the
owner's dogs are kept on the owner's property unless leashed. No dogs shall be
permitted to roam the property and the Association may have strays and dogs that are
not leased and are found off their owner's lot picked up by governmental authorities.
The throwing or dumping of trash, garbage, and waste materials shall not be permitted.
The Werference of any stream or future waterways so as to cause pollution or
stagnation in these waterways is prohibited. There shall be no excavation which does
not pertain to the building or construction of a home. Bottled gas containers and oil
tanks shall be screened from public view. There shall be no above -ground swimming
pools, unless approved by the Committee.

15. No portion or pan of any lot shall be used or maintained as a dumping
ground for rubbish or other refuse. Trash, garbage, or other waste shall not be kept,
except in sanitary containers screened from view from all roads, all other lots, and from
the Common Property provided that the Declarant, prior to the sale of such lot, may
use portions of such lot as a burial pit in accordance with governmental regulations.
b+ ,16, In addition to the easements that are shown on the recorded plats of
OYSTER HARBOUR Subdivision, easements ten (10) feet in width along the lot lines
of all lots are reserved by Declarant for installation, repair, replacement and
maintenance of utilities, including the right to keep said easements free and clear of all
obstructions. An easement of twenty (20) feet is reserved for such purposes along the
rear lines of all lots that do not adjoin other lots or properties within OYSTER
HARBOUR Subdivision. As. between the easements reserved by these Restrictions and
the easements that are located in the same areas as shown on the record maps, the
n
easements that are greater in width shall be the easements that are in effect.
`eQ 17. Declarant reserves a temporary construction easement of thirty-five (35)
feet in width along both sides and running parallel to streets or roads, which easements
shall expire eighteen months after the particular road construction commences, or upon
the acceptance of such streets or roads for maintenance by governmental authority.
18. No outside clotheslines shall be permitted. No satellite dishes shall be
permitted unless concealed from view from all lots and open spaces. The design of
such enclosures must be approved prior to erection by the Committee. Mailboxes shall
be of a design, color and choice of materials as designated by the Declarant or, if the
Declarant so designates, by the Committee, and may not violate North Carolina
Department of Transportation standards.
19. There shall be no junk automobiles, junk of any sort, unserviceable
vehicles, or salvage stored or placed or allowed to remain on or in any portion of this
Subdivision. Unless located within enclosed garages, no large boat and/or boat trailer
(over 28 feet in length), travel trailer, motor home, tractor trailer truck, or any other
such vehicle shall be kept or maintained or located upon any lot unless and except with
prior approval of the Committee. Other boats and/or boat trailers (less than 28 feet in
length) must be stored behind the building set back line. No vehicles that are disabled
or under repair shall be kept upon any lot unless located within enclosed garages.
Unlicensed automobiles, including antique cars, if present must be storcnl out of sight in
a garage. Large cocks shall not be parked on a regular basis within this Subdivision.
No lot shall be used for storage of building materials prior to the issuance of the
building permit for the Primary Residence. Large truck shall be defined as any non -
passenger vehicle larger than a pick-up truck..
20. No billboards or signs of any description shall be displayed upon any lot
with the exception of those approved by the Declarant or if the Declarant designates, by
the Committee, the Declarant reserves the right to place and maintain appropriate
development signs at the entrance to this Subdivision. All,sign colors must be
approved by Declarant, or if Declarant so designates, by the Committee. Declarant
also reserves the right to erect and maintain signs designating streets, boat landings,
recreational areas, and any other sign that will aid in the development of OYSTER
HARBOUR Subdivision.
21. Except within the building site or within 20 feet of the main dwelling, no
trees of any kind in excess of 6 inches in diameter at ground level may be removed
from any lot without prior approval of the Committee.
22. Declarant, or its successors and assigns, will deed a lot or right of way
to the Association which will provide access for lot owners to a community pier, boat
ramp, community beach or other amenities which will be constructed by the-Declaram
and maintained by the Association. Notwithstanding anything herein to the contrary,
Declarant will also deed to the Association at least one (1) acre fenced for dry boat

Storage, or for any other use permitted in these Restrictions, for its useand
maintenance. Declarant will, if permitted by Brunswick County, provide a security
gate across the entrance road, to OYSTER HARBOUR Subdivision to be maintained
by the Association. Other amenities provided by Declarant and deeded to the
Association will be maintained by the Association.
23. As provided for herein (see Section 2 of "Property Subject To These
Restrictions and Declaration and Additions Thereto"), it is understood that Declarant,
its successors and assigns, may develop, subdivide or sell additional tracts or parcels
of land. Declarant reserves the right for its successors or assigns to connect such
additional property to this Subdivision and to grunt easements to use the roads and
community access to the intracoastal waterway and recreational areas of this
Subdivision.
24. DEFINITIONS: Reference to "Subdivision" in this document is intended
to refer to Phase OYSTER HARBOUR consisting of
sheets in the Brunswick County Registry. Reference to "Association"
in this document is intended to refer only to "OYSTER HARBOUR Homeowners
Association, Inc."
25. Nothing herein contained shall be construed as imposing any covenants
and restrictions on any property of the owner of this Subdivision other than the
Property that is subjected to these Restrictions. The Property herein described is also
made subject to the Declaration of Covenants, Conditions and Restrictions of
OYSTER HARBOUR Subdivision and OYSTER HARBOUR . Homeowners
Association, Inc. -recorded separately, which Declaration is incorporated herein by
reference.
26. Enforcement of these Restrictions may be at law or in equity against any
person or persons violating or attempting to violate any covenant, condition or
restriction herein contained. In the event of enforcement of these Restrictions at law or
in equity and a violation hereof is judicially determined, then the violator shall be
assessed with the costs of such action, including without limitation reasonable
attorneys fees.
27. The Declarant and purchasers of lots in OYSTER HARBOUR
Subdivision understand that the vesting of rights relating to proposed piers, docks, boat
access ramps, floats, boathouses or disturbance of the shoreline buffer is subject to the
terms and conditions set out by various state, county or federal regulatory agencies.
28. Declarant reserves the right to assign its rights to a successor who also
assumes the Declarants responsibilities.
29. Judicial invalidation of one or more of the provisions hereof shall not
adversely affect the remainder hereof which shall remain in full force and effect.
30. The Declarant reserves the right to amend those Restrictions from time
to time without joinder of any other person(s).
Inst 1 36717 Book 1357Page: 1102

THESE RESTRICTIONS RUN WITH THE LAND
This Declaration of Restrictive Covenants of OYSTERHARBOURSubdivision
and the Declaration of Covenants, Conditions and Restrictions of OYSTER HARBOUR
Subdivision and OYSTER HARBOUR Homeowners Association, Inc. compose the
general plan of development for the Property herein described and'run with the land
and shall benefit and be binding on all parties and persons (and their respective heirs,
representatives, successors and assigns) claiming tide to any of the Property herein
described for a period of thirty (30) years from the date these Restrictions are recorded,
after which time said Restrictions shall be automatically extended for successive periods
of ten (10) years, unless an instrument signed by a sixty-six percent (66°%) majority of
the then owners of the lots or condominiums and the Declarant has been recorded
agreeing to change said Restrictions in whole or in part. These Restrictions may be
amended by the affirmative vote of the owners representing sixty-six percent (66'%) of
the lots and the Declarant at the time of the vote. .
IN WITNESSWHEREOF, the Declarant has caused this Declaration of
Restrictive Covenants of OYSTER HARBOUR Subdivision to be duly executed this
14 _ day of February, 2000.
OYSTER HARBOUR, LLC
Manager
lnat P 36717 Book 1357Page; 1103
STATE OF NORTH CAROLINA
COUNTYOF Q,rt,e SW�eK )
[.a Notary Public of the County and State aforesaid, certify that by authority duly given and as the
act and deed of the said limited liability company, the foregoing instrument was signed in its name by
William O. Allen as its Manager.
Witness my hand and seal this _ %k day of February, 2000.
Notary Public: C" LL)a^n.a.,. e;)' a.
iAgy\j�
�+a 1 ? My Commission Expires: 01 d d �--
aUBUG V,a
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK CAROL WARNER SORTINI
The Foregoing (or annexed) Certificate(s) of
Notary(ics) Public is (am) Certified to be(Arrccl. Bth February ,21N111
This Instrument was filed for Registration on this Day of
in the Book and Page shown on the First Page hereof.
ROBERR J. ROBVISONJ Regrsler 01 rQV

SUBDIVISION STREET DISCLOSURE STATEMENT
SUBDIVISION: OYSTER HARBOUR, Phase , County of Brunswick,
State of North Carolina, consisting of all lots as shown on plat recorded in the
Brunswick, County Public Registry, North Carolina in Plat Book at Page (s)
, said recording shall hereinafter be referred to as "Recording."
The undersigned Developer and Seller does hereby certify that there are various
50-foot private road(s) shown on said Recording and that said 50-foot private road (s)
are designed and arc to be built to Brunswick County and State of North Carolina
standards and have been approved as proposed, as it relates to stone and pavement
width and depths.
The undersigned Developer and Seller further certifies that said 50-foot private
road(s) aforesaid will be dedicated as private road(s) under the Brunswick County
Subdivision Ordinance and that said road(s) is/are defined as a private road(s) for the
purposes of maintenance as related to the County and/or State Highway Department.
The undersigned Developer certifies and represents that certified funds in an
amount satisfactory to the Planner and Supervisor of Subdivision Approval for
Brunswick County have been placed with Brunswick County, said sum equaling 100%
of the projected cost of the construction of said road(s) in the judgement of the County
Planner.
The undersigned Developer and Seller further hereby discloses that it reserves
unto itself, its successors and assigns, an easement 35' wide across the from of each lot
adjoining any of the roadways to be built for the purpose of construction and/or slope
easements to permit the creation of the roadways as aforesaid. The Developer also
reserves a general but temporary sediment basins for erosion control during road
construction which will be removal after grass is established on the road shoulders.
Until such time as said 50-foot private road(s) shall meet the minimum standards
adopted by the County and/or State Highway Department for acceptance in the
Highway System, the responsibility for maintenance and repair to said private road(S)
shall be home by OYSTER HARBOUR Homeowners Association, Inc.
This the W& day of e.b , 2000.
DEVELOPER AND SELLER:
Irmt g 36717 Book 1357Aage: U04
.,. OYSTER HARBOUR. LLC
Manager

12/02/2003
$94-00 30
rWIf6Oh
E'.[CtL TBI
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK WARRANTY DEED
Rubert� l Ck t�915tfL Of OC'C'�
Imt #188301 Book 1865Page 469
12/01/2003 03:51:55pm ®eel / 713y3
ti7i"nn�.
PREPARED BY: THOYAS P. HB19t, ATTORNEY PO'9tNr-�81,8„Oek tslan4 NC 28i05
This Deed made this _ [q!t-day of Qi(Ch" �.�, 2003, by and between OYSTER
HARBOUR LLC, A North Carolina United Liability Company, Grantor and JUDE A. HERGES
and wife SANDRA L. HERGES, Grantees; whose mailing address is 8733 Dekxis Drive,
Montgomery Village, MO 20886.
WITNESSESiTH:
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the
Grantee in fee simple, all that certain lot,or parcel of land situated in Lockwood Folly Township,
Brunswick County, North Carolina aIih re parficule., -described as follows:
SEE EXHIBIT "A', ATTACHED HERE -TO AND INCORPORATED HEREIN BY REFERENCE
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the,Grantee in fee simple.
And the Grantor covenants wiffie Grantee; ua Grantor is seized of the premises in
fee simple, has the right to convey the same fee iq,simple Q1W is marketable and free and
dear of all encumbrances, and that Grantor will warrant and defend the title against the lawful
claims of all persons whomsoever except for the following exceptions hereinafter stated. Title to
the property hereinabove described is subpd to the Wowing exceptions:
IF CEgVE
NOV 0 5 I'll
BY:--------
�`' G't�
� "" �ut3Lo)

Irstd 3401 Booklff6 7n
Y z.
o➢
Easements for utilities and rights of way in the chain of title.
2. Restrictive covenants of record, including the Amendment of Declaration of
Covenants. Conditions and Restrictions for Oyster Harbour Planned
Community recorded in Book 1357 at Page 1087 of the Brunswick County
Registry and any subsequ9it amendments thereto.
IN WETNESS WHEREOF, the G has frereurdo set their hard and seal the
day and year first above written.
h1a)dne W. Turner
OYSTER HARBOUR LLC Notary Public,
State of N.C.
Carolina North Caroa Limited Liability Company Union County
By l cam%' 2°ef' h t y) Expires: June 20, 2008
STATE OF NORTH CAROLINA "" COUNTY OF
1-J'
1, the and�rstgned, Notary Public in and for the State and County aforesaid
cer ify that w: llia.,.. C.9 person aM appeared before me this day and
admowledged that s/he is �N4�e t of Oyster Harbour, LLC, a North
Carolina Limited Liability Companyrand 1hat1 authority duly given and as the act of the
LLC, the foregoing instrument sign by himRher�ZR� L)
WITNESS my hand and seal this ayi9f
� d&Wt.146 / 2001
Nly C - C2p1res: INOTARYPUBLIC
(NOTARY SEAL)
STATE OF NORTH CAROLINA " COUNTY OF BRUNSWICK
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK MAXINE W TURNER
The Foregoing (or annexed) Certificate(s) of JA
Nomry(ies) Public is (are) Certified to be GDft t. 1s; �+an, -"`�
This Instrument was filed for Registration on this y of _ December 2003
in the Book and page shown on the Fast Page hereof.
R0101ERT J.ButINSON, Register of Dada

Irat ! 188301 Book 1865Page:
471
Exhibit A
For Jude A. and Sandra L. Herges
TRACT ONE
BEING all of Lot 438, Phase IV, Section 3, of Oyster�€failwur_1;&Nrision as set forth in that plat of
survey entitled "Final Plat Phase IV;Section lk4 Brian N �kobl>v`;-[!.L.S, dated July 8, 2002 and
recorded in Map Cabinet 26 at Page 327 in the Olfitew. of the Register of Deeds of Brunswick County,
North Carolina.
TRACT TWO (Easement Tract)
A nonexclusive easement over, under and across the below described lands:
BEING 15 feet in width, and begim»n8_a4the South coma of Lot 438 thence along the
.. �.
Northern right of way line of Slone �;iab Co�,and wr `"IbLty�1,�,�+,,436, and 435 as shown on that
plat of survey described herein above; if e, o'e�er under, and achy 3hat easement to septic area 3 as
shown on that plat of survey recorded in Map Cab o� 27 at Page 158 in the office of the Register of
Deeds in Brunswick County, North Carolina; thence over, under and across that utility and access
easement shown within septic area 6 as herein above described. Said easement shall be for the purpose
of installing and maintaining lines and other equipment necessary to serve the septic tank drain field
for the use and benefit of the owners of Lot 438. This easement shall min with the land and shall be for
the use and benefit of the owners of lot 4.�V, Phase IV, Section 3, Oyster Harbour Subdivision, their
heirs and/or assigns.' dR
/�SCsZ2
TRACT THREE (Easement Trset)
BEING an exclusive easement over, under, and[�Nml that tract of land designated as 438A consisting
of 6,708 sq. ft. as shown on that plat of survey recorded in Map Cabinet 27, at Page 158 in the Office
of the Register of Deeds, Brunswick County, North Carolina, said easement being for the purpose of
installing and maintaining a drain field and repair area for the use and benefit of the owners of Lot 438,
Phase 1V, Section 3 of Oyster Harbour Subdivision. This easement shall be perpetual in nature and
shall run with the land for the use and ben fit of the owners of lot 438, Phase IV, Section 3, Oyster
Harbour Subdivision, their heirs and/or assigns.
,� Jn
The easements granted in Tracts wo and Threes a shall continue until ninety days after public
sewer becomes available to all lots utilizing the drain fields as shown in the afore described plat of
survey.
TRACT FOUR
BEING a one-third undivided interest in that tract of land, being septic area 6 as shown on that plat of
survey recorded in Map Cabinet 27, atd?tage 158 of the Office of Register of Deeds in Brunswick
County, North Carolina. Provided h�vever, said convWaa6de°sml be subject to all present and future
ice.•.
easement rights of the owners of, Ks 437 anr2�for the esta�bstitn`�n[ of drain fields and repair areas
as designated within the septic area together with Arnecessary access thereto.
By acceptance hereof, grantees, their heirs and/or assigns hereby covenant and agree that as owners
afore described drain fields, grantees shall be responsible for the care and maintenance of the drain
field area as a "owner" under the terms, covenants, and conditions as set forth in the Declaration of
Covenants, Conditions and RestrictioT fal Oyster Harbour Planned Community recorded in Book
1402, at Page 1427 of the Brunswick'FAunty Regis other with any amendments, additions or
modifications thereto. v
a$ '
SUBJECT however, to the following:
"A portion of this lot has been determined to meet the requirements for designation as a regulatory
wetland. A 401 Water Quality Certification was issued for this subdivision with the condition that the
regulatory wetland shall conform to the requirements of state wetland mles adopted by the State of
North Carolina in tome at the time of tM proposed alteration. The property owner shall report the
time of the subdivision in any applie l on pertainiritbid wetland roles. This covenant is intended
to insure continued compliance wit t wetlantl''�es adopted-tfl*§tate of North Carolina and
therefore benefits may be enforec3 by the State 5f +Nonh Carolina. his covenant is to run with the
land and shall be binding on all parties and all persoas chr®ing under them."