SW8960916_Historical File_20211220

ROY COOPER:
Gaverizor
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smiatmy
BRIAN WRENN
D
December 20; 201 Q
LDI Holdings, LLC, proposed permmittee
Attn: Mr D. Logan
60 Gregory Road, Suite 1
Belvdle, NC 28451
NOR114 CARMINA.
aW&W==kd
Subject: PROJECT RETURN
Starmwater moment Project No. SWS %0916
Owendon Plantation
Brunswick. County
Dear Mr. Logan:
The Wilmington Regional Office received and accepted a State Stormwater Management Transfer Permit
Application for the subject project on September 7, 2021 and requested additional information on November 18,
2021. A review of the information submitted on September 7, 2021 has determined that the supporting
informs is not complete and the permit cannot be issued for the project as. proposed. A review of the file and
deliv ery logs indicates that, as of this date, the mfwmahon requested on November 18, 2021 has not been
received in this Office within the stipulated timeframe. Per the requirements, of Title 15A NCAC
02H .1045(4)(aXii) of the Stormwater Management Rules, this Office is hereby returning the subject application
as incomplete as discussed with your attorney, Gary Shipman, on December 16, 2021. The $505.00 application
fee has been forfeited and a new fee will need to be provided if you choose to resubmit this application in the
fuiure.
Two permit -modification packages were also sum tted on September 7, 2021. They were to be armed after the
permit transfer and were intended todivide the current project area into two separate permits, Owendon Plantation
and Seers Walk. These applications have also, been return- Check numbers 19216 and 18217, both in the
amount of $505 have been returned to you.
If you wish to pursue transferring this project, you :must reapply to the Division. Your application package must
include a completed and signed application form; supplement form; signed: O&M agreement; application fee,
signed, sealed and dated calculations; 2 sets of signed, sealed and dated site layout and grading plans with details;
and any supporting documentation necessary to address the items identified in the latest request for additional
information.
Please note that this does not preclude you from obtaining and complying with any and all other .permits or
approvals that are required for this development to take place, as required by any statutes, rules, regulations, or
ordinances, whichh are imposed by any other Local, State or Federal government agency having jurisdiction.
Please note that Permit Number SWVB 960916, issued on February 8, 2001, remains in full force and effect. until
modified, renewed or transferred. Please be aware that the construction of any changes to the originally approved
and permitted plans prior to the receipt of a modified permit isa violation of NCGS 143-215.1 and is subject to
enforcement action pursuant to NCGS 143-215.6A.
North CaroAha Depar"ent of Envftonmentat Quality I DbAsion of.Em W WheraF: and Land Resources
�IF �� W&Wngtmn,NorthCarolina29405
ilkt'it ton rrai.Offtce �: 12T CarFfinal Drive E.,etensiort I
�sr.s""r'arw'� go-� 910.7%72t5

State Stormwater Permit No. SW8 960916
Page 2 of 2
If you have any questions concerning this matter, please contact Kelly Johnson at [phone] or via e-mail at
k.elly.p johnsonnr.gov..
Sincerely,
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
DESlkpj: 'MStormwaterTermits & Projects\1996\960916 LDi202 12 return_project 960916
cc: N1r. Tim. Cllskscaies, PE, Paramoimte Engineering
122 Cinema Drive, Wilmington, NC 29403
Mr. Dori A. Owen, President, Owendon Plantation, current permittee
. PO Box 204, Siler City, NC 27344
Brunswick County Engineering
Wilmington Regional Office
North Carolina Department of Envi onmer t l WdIty I. DevlsfAn o1: F:o"j, lmnerat and. Land k-s�
WR1m6ftgtdn &egionai office 11Di Cardinal [)rive: ExtemsTcm I i+lkilsning#ocr, North Carolina. Z84Q5
91a.79b MS

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Srcreiary
BRAN MENN
A&WW
November 18, 2021
NORTH CARGUNA
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Via email only: dlosan(R-)loeanhomes com
LDI Shallotte Holdings, LLC, proposed permittee
Attn: Mr. D. Logan
60 Gregory Road, Suite 1
Belville, NC 29451
Subject: Request for Additional Information / Notre of Inspection.
State Stormwater bUnagement Permit No. SWS %0916
Owendon Plantation
Rrunswich Counq
Dear Mr. Logan:
The Wilmington Regional O#1lce of the Division of Energy, Mineral and Land Resources (DEMLR) received and
accepted a signed Permit Transfer Application Form for the subject project on September 7, 2021. The successor -
owner of the property has requested to transfer the permit without consent of the permit holder in accordance with
15A NCAC 02H.1045(l)(c) and G.S., 143-214.7(c5).. A preliminary depth review of the documentation
submitted with the transfer request determined that the application is incomplete, and that additional information
is needed.
Since the transfer was submitted under NCAC 02H.1045(1)(c) and G.S. 143-214.7(c5), please provide the
following documentation in a sing3e, hard cony submittal nark= to complete the application.
File Review:
1. [,ompany Name [15A NCAC 02H.1045 Z a)]: The applicant is listed as LDI S,hallo�
Hsr1dings, LLC. Is the inter►ded entity L�hallotte 179 Holdings, LLC? I do not see the
applicant as an NC Corporation with the NC Secretary of State.
2. Signature Authority [15A NCAC 02H.1040(1)(a)]: In the case of a. limited liability ration
KiC), the application must be signed by a er or company official as defined � 57D.
The Articles of Incorporation for LDI Shallotte 179 Holdings, LLC does not list the managers.
Please provide documentation that D. Logan has signature authority for the applicant.
3. Deed [15A NCAC 02H.I 045(2)(c)]: Please submit a copy of the deeds for the common areas
and for the tracts that will become SSummers Walk.
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910.7'ib.72l5

State Stormwater Permit No. SW8 960916
Page 2 of 3
4. Operation and Maintenance (O&M Agreement), [15A NCAC 02H. I 045(2)(d)]: Please provide a
signed and notarized operation and maintenance agreement from the proposed permittee. The
most recent version of -this form, which better clarifies the minimum requirements for
maintaining these systems, is titled O&M EZ and can be found on the following website:
or
5. Constructed Impervious Area [15A NCAC 02H.1045(2)(e)]: Since the project has been built,
please provide documentation that the maximum allowedd built -upon area per lot has not been
exceeded. The permittee's lot review records, tax records, aerial photos, and/or lot surveys can
be used to demonstrate the allocated BUA has not been exceeded. Please submit a list of lot
numbers, and the amount of impervious area that has been constructed on each lot to determine
that all lots are within the permitted amount.
Notice of Ins action
On October 21. 2021, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources
(DEMLR) inspected the subject project to determine the status of compliance with this permit. most recently
issued on February 8, 2001. DEMLR file review and site inspection revealed that the site is not in compliance
with the terms and conditions of this permit. A copy of the completed form entitled "Compliance Inspection
Report" summarizing the findings of the recent inspection is attached to this letter. Please either address the
Bowing items to demonstrate compliance with the permit or sign and submit the enclosed Schedule of
Compliance that provides a timeline in which the following compliance issues will be resolved. If the proposed
permittee would lflw to accept responsibility for resolving these items. please submit a new Section F of the
application with that option selected.
1. Prior Notices of Violation and Recent Inspection: Copies of three Notices of Violations for this
ggro act are enclosed. They were issued an October 28, 2004; February 4, 2005; and April 15,
20�5. They primarily discuss unpermitted piles having been installed in a low density project,
swales that have been installed that are nut cut the plan, and concerns that the northern rtion of
Fhase I drains to a pond on the adjacent parcel which is permitted under SW8 931110 lfGuy C
Lee}. A pictorial summary is also enclosed Additional piippes were also found in the 2021
inspection as shown on the suniinary diagrams. These violattons must be addressed.
2. Permit Condition H (11) and 15A NCAC 021-LIGO O) effective September 1,1995: A copy of
the certification for the most recent version of the permit could not be found in the file. Please
provide a copy of the certification confirming the site has been constructed in accordance with
the proved pplans. There is a 1999 partial inspection for Phase I on file. However, it appears
that�additionalpipe s and swales were constructed since that date. These are documentd in the
2004 and 2005 NOW Please submit a final certification for the constructed pleases (Phases I
and II).
All of the requested information listed above should be received in this Office by November 30, 2021, or the
application will be retirned as incomplete. If additioiml time is needed to submit the requested information,
please email your extension request prior to this due date to the email address provided below with a justification
and a date of when the requested information will be submitted, which shall be no later than 15 days past the
original due date. Please note that only hva letters requesting additional information is allowed in the .State
Stomrmwater Program for a toted of 30 days to submit the requesters addWonal information. # the information is
not satisfactorily provided after either the second request or 30 days, the project will be returned If the project is
returned and you wish to re -submit later, you will need to resubmit all required items at that time, including the
application fee.
Please note that if, upon review of the submitted information or upon a deficient compliance inspection of the
project, it is determined that a maior modification to the permit is required to resolve the compliance issues, the
transfer application will be returned as incomplete Upon the issuance of the modified permit, and the successful
completion of any work: required by the modified permit and/or the restoration of the site to design condition, the
applicant will need to submit an updated transfer application and a new fee to the Division to start the transfer
process over again.
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910.796,,MS

State Stormwater Permit No. SW8 960916
Page 3 of 3
Please reference the State assigned permit number on all correspondence. If you have any questions concerning
this matter. please feel free to call me at [phone] or email me at kelly.p.johnsonl7anedenr.gov.
Sincerely,
x
Kelly Johnson
Environmental Engineer
Enclosure.: Compliance bapection Rrpn-rt
NOV, October 28, 2004
NOV, February 4, 2005
NOV, April 15, 2005
NOV Pictorial Summary
Schedule of Compliance
DES/kpj: G.\1\Stonnwater\Permits & Projects\1996\960916 LD\2021 11 addinfo CEI addinfo 960916
cc: Mun Clinkscales, PE; via email; €clinkscales@pwmnourte-eng com
?bfs..9my Scher: Lee Kaess: PLLC; via email, amynleelrarcorn
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Mr. Doug Anw4 .Assistant General Counsel, sel, MC DEQ, via email; douglasanwPo dear. gov
Ms. Christine Hall, IWiRO Stormwater Supervisor, via email; chnstine. halls wdenr. gov
WiRO Stormwater Permit File
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Attachment D
Schedule of Compliance
LDI Shallotte 179 Holdings, LLC has applied for a State Stormwater Permit Transfer for SW8
960916 for Owendon Plantation.. The compliance inspection by the Division of Energy, Mineral,
and Land Resources (DEMLR) on October 21, 2021, identified the following non -compliant
items. As the incoming permittee, i understand that I will be transferred a non -compliant permit,
and I agree to resolve these items to bring the project into compliance by (choose
and insert a deadline prior to signing this form).
Non -Compliant Items:
1. The final certification will be completed and submitted per Permit Condition II (11) and
15A NCAC 02H.10080) effective September 1, 1995.
2. The Notices of Violation from October 28, 2004; February 4, 2005; and April 15, 2005,
will be resolved.
3. The additional pipes identified by the October 21, 2021 inspection will be addressed.
DATE
D..Logan, President
[e-mail]
[phone]

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Compliance Inspection Report
Permit: SW8960916 Effective:02/08/01 Expiration:
Project: Owendon Plantation
Owner: Owen Ventures Inc
County: Brunswick
Region: Wilmington
Adress: Owendon Dr
City/State/Zip: Shallotte NC 28470
Contact Person: Donald A Owen Title: President
Directions to Project:
From Shallotte, take NC 179 south. Turn left onto SR 1145 (Village Pt. Rd.). Project on right.
Type of Project: State Stormwater- Low Density
Drain Areas: 1 - (The Mill Pond) (03-07-59) (C;Sw,HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 10/21/2021 Entry Time 10:30AM
Primary Inspector: Caroline Dalis
Secondary Inspector(s):
Kelly Johnson
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Phone: [phone]
Exit riime:11:30AM
Phone: [phone]
Inspection Type: Transfer Renewal
page 1

Permit: SW8960916 Owner Project: Owen Ventures Inc
Inspection Date: 10/2112021 Inspection Type Transfer Renewal Reason for Visit: Routine
File Review Yes No NA NE
Is the permit active? 0 ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment: Certification is needed.
O&M from the incoming permittee is needed.
Built Upon Area
Is the site BUA constructed as per the permit and approval plans?
Is the drainage area as per the permit and approved plans?
Is the BUA (as permitted) graded such that the runoff drains to the system?
Comment: Decision pending certificaiton.
SW Measures
Are the SW measures constructed as per the approved plans?
Are the inlets located per the approved plans?
Are the outlet structures located per the approved plans?
Comment: There are unpermitted swales and pipes onsite.
Operation and Maintenance
Are the SW measures being maintained and operated as per the permit requirements?
Yes No NA NE
❑ ❑❑■
❑❑❑■
❑❑❑■
Yes No NA NE
❑ N El El
❑ ■❑❑
❑ ■❑❑
Yes No NA NE
■ ❑❑❑
Are the SW BMP inspection and maintenance records complete and available for review or ❑ ❑ ❑
provided to DWQ upon request?
Comment:
page 2

Johnson, Kelly
From: Mary Catherine Santos <[e-mail]>
Sent: Friday, October 8, 2021 9:56 AM
To: Johnson, Kelly
Subject- RE: [External] Owendon Plantation Stormwater permit (SW8 960916)
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spare_
That's great news. Thank you!
is6- LOGAN
HOMES
MARY CATHERINE SANTOS
PRE -CONSTRUCTION AND DEVELOPMENT COORDINATOR
60 GREGORY ROAD, SUITE 1
BELVILLE, NC 28451
O 910 452 7175
C 910 232 6720
LOGANHOMES.COM
From: Johnson, Kelly <[e-mail]>
Sent: Friday, October 8, 20219:55 AM
To: Mary Catherine Santos <[e-mail]>
Subject: RE: [External] Owendon Plantation Stormwater permit (SW8 960916)
Hi Mary Catherine,
Yes, Tim submitted the two applications. The transfer is being processed. Once that is issued the two pending
applications (1. Summer Walk and 2.) The rest of Owendon) will be accepted for review.
Thanks,
Kelly
KtLLWDYIK,SOVV
Xelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number

From: Mary Catherine Santos <[e-mail]>
Sent: Friday, October 8, 20219:53 AM
To: Johnson, Kelly <[e-mail]>
Subject: RE: [External] Owendon Plantation Stormwater permit (SW8 960916)
CAUTION: External email. Do not click links or �Irou verify. Send all urYpkftw }fl as an attachment to
_port Spam..
Good morning Kelly,
Tim says he's submitted everything you needed for this per our discussion a few weeks ago.. I just wanted to make sure
you have everything you need and let you know I'm available to track down anything else you may need if you're
missing something.
Very much appreciate you copying those permits for me the other day and wishing you a great weekend.
Thanks,
NO
L C� C� p! !�
HOMES
MARY CATHERINE SANTOS
PRE -CONSTRUCTION AND DEVELOPMENT COORDINATOR
60 GREGORY ROAD, SUITE 1
BELVILLE, NC 28451
0 910 452 7175
C 910 232 6720
LOGANHOMES.COM
From: Johnson, Kelly <[e-mail]>
Sent: Tuesday, September 21, 2021 1:24 PM
To: Mary Catherine Santos <[e-mail]>
Subject: RE: [External] Owendon Plantation Stormwater permit (SW8 960916)
Sure. I will see you then. Here is the standard language I am supposed to send to you because of COVID:
If you haven't reviewed a file with us before, please remember to:
• bring a photo ID
• wear a mask at all times
• limit the number of individuals reviewing the file to no more than 2 people (1 person is preferred)
• call me when you arrive so I can escort you into the office
• leave all baps in your vehicle
Kelly
K44 JDhVZDIA,
Kelly Johnson
Environmental Engineer

NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: Mary Catherine Santos <msantos(@loeanhomes.com>
Sent: Tuesday, September 21, 2021 1:19 PM
To: Johnson, Kelly <[e-mail]>
Subject: Re: [External] Owendon Plantation Stormwater permit (SW8 960916)
CAUTION. External email. D❑ not click [inks or open attachments unless you verify. Send all suspicious email as an attachment to
ort Spam..
Absolutely. Could I come by in about an hour?
Thank you,
Mary Catherine Santos
910-232-6720
[e-mail]
On Sep 21, 2021, at 11:32 AM, Johnson, Kelly <[e-mail]> wrote:
If you want to come today I will be here until 5. 1 do need to put it on the schedule though because we
share the file review space with several agencies and we try not to overlap people. Just let me know
what time. Or, the space is open 10-12 tomorrow or any time on Thursday.
Kelly
K 41. DYlN1.SOw
Kelly Johnson
Environmental Engineer
14C Division of Energy, Minera; and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Dote Change in Phone !dumber
From: Mary Catherine Santos <[e-mail]>
Sent: Tuesday, September 21, 202111:22 AM
To: Johnson, Kelly <[e-mail]>
Subject: RE: [External] Owendon Plantation Stormwater permit (SW8 960916)

click links or open attachments unless you verify. Send all suspicious email as an
attachment to R pori Sim
I understand. May I swing by and take some pictures at your convenience this week and arrange for the
copies to be made next week (when the office person is back in office)?
<IMAGE001. PNG>
MARY CATHERINE SANTOS
PRE -CONSTRUCTION AND DEVELOPMENT COORDINATOR
60 GREGORY ROAD. SUITE 1
BELVILLE. NC 28451
0 910 452 7175
C 910 232 6720
%QGANHOMES.COi4
From: Johnson, Kelly <[e-mail]>
Sent: Tuesday, September 21, 2021 11:17 AM
To: Mary Catherine Santos <[e-mail]>
Subject: RE: [External] Owendon Plantation Stormwater permit (SW8 960916)
Unfortunately I do not know how to make it happen any sooner. I have a very full plate this week...
I<.el UJ0hvw50vV
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: Mary Catherine Santos <msantos loganhomes.com>
Sent: Tuesday, September 21, 20219:21 AM
To: Johnson, Kelly <[e-mail]>
Subject: RE: [External] Owendon Plantation Stormwater permit (SW8 960916)
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Repart Spam-

Shoot, the only reason I suggested is because I met someone over at All Graphics a few weeks ago to
make some copies of a super old stormwater file, but I totally understand not wanting someone to run
off with it.
I'm afraid taking a picture with my phone wouldn't provide the level of detail needed to zoom in and
study it so I think your suggestion to have someone organize copies being made may make the most
sense. I hate that she's out of town though! This is iust a shot in the dark, but there's not anyone else
over there that would be able to organize that this week is there? If not, I totally understand, but just
thought I would at least ask as I was hoping to have it before Friday afternoon.
Thanks for your consideration,
<IMAGE001. PNG>
MARY CATHERINE SANTOS
PRE-COMSTRUCTION AND DEVELOPMENT COORDINATOR
60 GREGORY ROAD, SUITE 1
BELVILLE. NC 28451
0 910 452 7175
C 910 232 6720
From: Johnson, Kelly <[e-mail]>
Sent: Tuesday, September 21, 20218:59 AM
To: Mary Catherine Santos <[e-mail]>
Subject: RE: [External] Owendon Plantation Stormwater permit (SW8 960916)
Ms. Santos,
Unfortunately we do not allow people to check out the files and bring them back. I am sure you
wouldn't run off with it, but that is not the case with everyone. I can schedule a time for you to come
see the file and make copies of whatever you want. We have a copier, but it is not large enough for
plan -sized sheets. Most people just take pictures with their phone. Or, I can arrange to have it
scanned. That is somewhat of a process. We have to organize the file into a standard order and then
the copy place has to scan it. The girl who organizes the file is also on vacation this week. Just let me
know what works for you.
Thanks,
Kelly
I tU� iokwsow
Kelly Johnson
Environmental Engireer
NC Division of Energy, Minera! and Land Resources
Stormwater Permitting
127 Cardinal Drlve Extension
Wilmington, NC 23405-3845

Phone: [phone]
Note Change in Phone Number
From: Mary Catherine Santos <msantos loganhomes.com>
Sent: Monday, September 20, 20216:01 PM
To: Johnson, Kelly <[e-mail]>
Subject: Re: [External] Owendon Plantation Stormwater permit (SW8 960916)
CAUTION: Externai email. Do not click links or open attadbneM unless you verify. Send all suspicious email as an
attachment to Reovrt Seam:
Good evening,
I was actually wanting the files that were submitted by the previous developer. The one I attached in
previous email appears to have been from 2001. So looking for any and all packages submitted prior to
this year.
I would be happy to meet at you at all graphics at your convenience or if easier for you I can pick up the
packet for copies and bring it back. Let me know what works best for you.
Thank you,
Mary Catherine Santos
910-232-6720
[e-mail]
On Sep 20, 2021, at 4:24 PM, Johnson, Kelly <[e-mail]> wrote:
Ms. Santos,
We currently have an application in review to transfer the permit from Owendon
Plantation to LDI Shallotte Holdings, LLC. There has been quite a bit of discussion about
a modification that will be pending once the transfer is issued. The permit will be split
into two parts. One part will remain SW8 960916 and the other will obtain its own
separate permit. As I understand it, the plan is to remove a portion of SW8 960916
from that permitted area and that area removed will become Summers Walk. The
applicant submitted an application for Summers Walk to be processed after the
transfer. However, that review is inter -dependent on a second application to modify
SW8 960916 so that Summers Walk can be created. We did not receive that second
modification package. There is a law firm representing Summers Walk. DEMLR counsel
has raised this issue with Summer's Walk's counsel. That was a week or two, and I have
not seen a resolution.
Did you want to schedule a time to come see the file, or did you want us to arrange
having it scanned? We have a contract with All Ways Graphics, and the cost is
$35/inch. The file is approximately one inch (excluding the pending transfer and
modification materials which would not be included because they are not approved.)
Thanks,
Kelly

,,LLW0h K,S0V%,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: Mary Catherine Santos <[e-mail]>
Sent: Monday, September 20, 20212:53 PM
To: Johnson, Kelly <[e-mail]>
Subject: [External] Owendon Plantation Stormwater permit
External email. Do not click links or open attachments unless you verity. Send all
lows email as an attachment to Report Span'.
Good afternoon Kelly,
I hope your week is off to a good start.
I'm trying to locate any plans or modifications that have ever been submitted to you all
for a subdivision by the name of Owendon Plantation in Shallotte. I've attached the
stormwater permit application (which is all I have to work off of), but I was hoping to
make copies of the plans that went along with any applications on file. I'm told there
was at least one modification submitted for this permit.
Would you kindly direct me to the appropriate party for this request? If I'm not
mistaken, I believe you all are shut down to visitors right now. Would it be possible for
me to pick these plans up from your office to copy at All Graphics or meet someone
there to make copies?
Thanks very much and hope you have a nice evening.
Thanks,
<IMAGE001.PNG>
Mr' RY CIATHER.INE S► NTOS
PRE -CONSTRUCTION AND DEVELOPMENT COORDIiNATOR
60 GREGORY ROAD, SUITE 1
BELVILLE. NC 28451

0 910 452 7175
C 910 232 6720
LOGANHOMES.COM

?6WO-1ED Y�-M5
Johnson, Kelly
From:
Johnson, Kelly
Sent:
Friday, October 1, 2021 2:34 PM
To:
Hall, Christine
Subject: FW: [External] Brunswick County - Owendon Plantation/Summers Walk
Christine,
Here is an issue that we can discuss next week...
We accepted the transfer application on 9/7/2021. They had submitted a modification package for half of the project that
was going to split into two, but they were missing the application for the other half. That is still pending per discussion
below. In the meantime, I need to get this inspected in support of the transfer.
This issue is that the permitted plans are not on file. The permit was issued on 11/5/1996 and modified on 2/8/2001. The
12/1/2000 application cover letter indicates that they added 50 additional lots and modified the interior roadways from the
original layout. It was 30% low density for 233 lots at 3,000sf/lot. The 2001 application indicates that the project is
84.24ac. Neither of these plan sets (1996 or 2001) are on file. There is an unapproved plan set on file from 2006. The
total acreage on the unapproved 2006 plan on file is also 84.24ac. The 2001 permit references Area A and Area B which
are not on the 2006 plan. But the 2006 plan lists five phases with 233 lots total without unsubdivided areas. Without an
approved plan, how do I:
1.) Inspect for transfer.
2.) Modify the permit to split it into two if I don't know exactly what was permitted in 2001.
Kelly
K.e���0ho'sow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
WE B (,kq)lc T 0PTA%AJ
coQ %6s ofi- e C vcy'" �4Q ftt&)
oV ?L A/Us.
From: Hall, Christine <[e-mail]>
Sent: Thursday, September 9, 20214:13 PM
To: Amy Schaefer <[e-mail]>; Ansel, Douglas R <[e-mail]>
Cc: Johnson, Kelly <[e-mail]>
Subject: RE: [External] Brunswick County - Owendon Plantation/Summers Walk
That is the purpose of the transfer. Transferring the permit to your client allows them to modify the permit and sign any
necessary applications.
Christine Hall, PE
Wilmington Regional Stormwater Program Supervisor
Division of Energy, Mineral and Land Resources State Stormwater Program

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Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, September 9, 2021 2:29 PM
To: Tim Clinkscales
Subject: FW: [External] Brunswick County - Owendon Plantation/Summers Walk
Attachments: 2020-11-25 Final Decision Summary Judgment for Respondent.pdf
Tim,
We received the application to transfer the subject permit from Owendon Plantation to LDI Shallotte Holdings, LLC. That
is on my list to review, and Christine brought me up to speed on the situation. I understand that after the permit is
transferred, it will be modified. The permit will be split into two parts. One part will remain SW8 960916 and the other
will obtain its own separate permit as discussed in Doug Ansel's 7/14/21 email below.
In addition to the transfer application, we have also received a package for a new permit for Summers Walk. However,
we have not received the package to modify SW8 960916 to remove the area that will become Summers Walk. These
two packages are inter -dependent, and both must be submitted to move forward with the review of either modification
after the transfer is issued. I will return the Summers Walk application to you so that it can be re -submitted when the
modification package is ready. Please note that only the signed documents will be returned via mail. If you would
prefer to pick up the entire package, please let me know.
Thanks,
Kelly
1- et w0kvuso L
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and land Resources
Stormwater Permitting
127 Cardinal Drive E,,dension
Wilmington, IBC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: Hall, Christine <[e-mail]>
Sent: Thursday, September 9, 20212:27 PM
To: Johnson, Kelly <[e-mail]>
Subject: FW: [External] Brunswick County - Owendon Plantation/Summers Walk
Christine Hall, PE
Wilmington Regional Stormwater Program Supervisor
Division of Energy, Mineral and Land Resources — State Stormwater Program
North Carolina Department of Environmental Quality
Office: 910 796 7215
Direct: 910 796 7339

Email: christine.hall(@ncdenr.gov
Address: 127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is sukjr^t [o itie
North Carolir;, l'ubfrc Records Law and may be disclor ed to Altird parties.
From: Ansel, Douglas R
Sent: Wednesday, September 1, 20215:00 PM
To: Amy Schaefer <[e-mail]>
Cc: Tim Clinkscales<[e-mail]_>; Hall, Christine <[e-mail]>
Subject: RE: [External] Brunswick County - Owendon Plantation/Summers Walk
Amy,
The Department's expressed position has been that under NCGS 143-214.7(c2), a permittee can transfer a compliant
permit to an HOA without its consent. This question was adjudicated in a 2020 decision from AU Lassiter issued on
November 25, 2020. See the attached Order, specifically Conclusions of Law 6 to 12. While this case is currently under a
petition for judicial review scheduled to be heard in March 2022, the Department's position remains the same. As we
have discussed before, if passed in its current form, Senate Bill 389 would also create a new transfer requirement in
statute for stormwater permits to the appropriate HOA entity.
Hopefully this helps.
Best,
Doug
Ioaglas R. Ansel
Assistant General Counsel
N.C. Department of Environmental Quality
Telephone: [phone]
1Vliaiing Address:
1601 Mail Service Center
Raleigh, NC 27699-1601
Physical Address:
217 W. Jones St.
Raleigh; NC 27603
[e-mail]
E-mail correspondence to and f orr. this address nczv be sub
ject to the .Worth Corclina Public Records, Law and m!w be disclosed to
third parties.
From: Amy Schaefer <[e-mail]>
Sent: Thursday, August 26, 2021 1:44 PM

To: Ansel, Douglas R <[e-mail]>
Cc: Tim Clinkscales<[e-mail]>; Hall, Christine <Christine.Hall([e-mail]>
Subject: Re: [External] Brunswick County - Owendon Plantation/Summers Walk
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachrnent to
Rgport �parn.
Doug,
Can the Owendon HOA refuse to accept their stormwater permit once it is split? My client does not want to be required
to hold onto a stormwater permit for another property owner.
Sincerely.
Am-7 C. Sbbaefer
Lee loess. PLLC
1'ost c 711i(V Rwl 4,5418
XVil:nirlgtoll, NC 281.O6
(910) 8 32-9257
0ifice: W10) 399444 ext. 101 1.
LEE KAESS
he iulonnaLun cn(itanwd irr Iln• a-rnai r =itlal i. pr .il ;�(i -...: r darn+:;1 it +, r,l+_tl 1br t ! :!rIalrt=,t r r•rrEy. li' yc+!.) ar.. lis•ithw IJr:: i!!ILTid d
:,(.'.Ci!" ' V'l•J (7" 71.)lOy'�rC ls' a+y, l.k 1'C4})(+it5�}.�... }�.)1' l'L(rIIC.•I'J;�i 11ltti C-n.:, . I�: tl'l L'.1 �`i H:i Ci i l':`C1C::C.SrI, :�i!:' (jl;.;(:Ir.FSr�:'l' U.l �l!iw i'.!iUri ll:il: ill ll! .rni- fZ;iy.
7 :ic;u iu *.�. ( , ' �!x5ri Y pr.;,,: il• Ir.;. I' cr .'URL� :• cci.cd !lci : e-mail iu gnus, pi...i+: r nnl ;;r, lu rticnr tr:!tl:.!71i1!isiq
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. .' ..�r;)+at(n�nar;t�xliatca. •
On Jul 14, 2021, at 3:03 PM, Ansel, Douglas R <[e-mail]> wrote:
Amy,
The Wilmington Regional Office did receive an Express request from LDI Shailotte 179 Holdings LLC that
will impact the currently approved Owendon P'anatien project permitted under SW8 960916. The
permittee for SW8 96C916 is Owendon Plantation and the Declarant who recorded the restrictive
covenants for Phase 2 is Owen Ventures, Inc. With a new entity being listed on the express request, the
Wilmington Regional Office has found that this project, Summers Walk, is not currently eligible for the
Express program as the current permittee is not the entity requesting the moaification and transfers
cannot be processed through the Express Program (please refer to the stormwater fee schedule found
at this link).
In crder to proceed with the proposed project, the Region's recommended path forward that vaill
hopefully provide as little resistance as possible from the current HOA is:
1. Transfer the current permit, SW8 960916, to the entity that parcnased the remaining project
area, Phases 3 and 4. This can be accomplished under GS 143-214.7(6)) but will require the
new owners to resolve any compiiarce issues.

I understand there is a concern regarding whether the current sections are compliant with the
current permit. Unfortunately, there is no way to get around addressing any compliance
issues. The new owners may have to work with the HOA to resolve any compliance issues
during this process. For instance, if there are concerns with overbuilding or other compliance
issues in the constructed sections, Phases 1 and 2, the HOA may need to be involved at some
point to revise and correct any restrictive covenants or grant access.
2. Once the permit is transferred to the new property owners, then they are able to modify t:ie
permit to split the project area into two resulting in a permit for Phases 1 and 2 and a separate
permit for the remaining project area, the proposed Summers Walk project. The modification
will need to delineate a new project area for the original, constructed sections and demonstrate
that the area still meets the requirements of a low density project urder the rules they were
originally written. The remaining undeveloped half will obtain a new permit under the current
2017 rules as implied in the narrative provided with the Express Request. Both permit
applications must be submitted to the Regular Program at the same time to be reviewed
concurrently.
We encourage you to determine the impervious area that has been constructed in the initial
Phases of this project during this process to account for that impervious area accordingly so
that you end up with two independently compliant permits.
Once there are two compliant permits for the development, the permittee can apply to transfer
the permit for Phases 1 and 2 to the HOA.
The steps outlined above are something the Wilmington Regional Office is familiar with and have done
on occasion as new developers take over unfinished projects. If your clients have questions about the
process, Kelly Johnson in the Wilmington Regional Office can assist your client further.
As discussed on our call last week, please also see the proposed 5389 (Section 4) with respect to future
transfer requirements, as recommended by DEQ.
Hope this helps your client to move forward with their project.
Best,
Doug
Douglas R. Ansel
Assistant General Counsel
N.C. Department of Environmental Quality
Telephone: [phone]
Mailing Address:
160i Mail Service Center
Raleigh, NC 27699-160 l
Physical Address:
217 W. Jones St.
Raleigh, NC 27603
Douglas.Ansel&cdenn ovov
,;image001.png>

L-mad correspondence to and from this add;~ess may be s,=.bi ct to the North, Carolina Public Records Law and inay
be disclosed to third pa.• ies.
From: Amy Schaefer <[e-mail]>
Sent: Tuesday, July 13, 2021 11:13 AM
To: Ansel, Douglas R <[e-mail]>
Cc: Tim Clinkscales<[e-mail]>
Subject: Re: [External] Brunswick County - Owendon Plantation/Summers Walk
CAUTION. External email. Do not click links or open attachments unless you verify. Send all suspicious email as art
attachment to Report Spam.
Doug,
I wanted to follow up on this item and ask if you've had a response from Ms. Hall to put together an
explanation of options.
Sincere'. v,
Amy ,C. Scbwker
Lee Mess, PLLC
1'0st. 011ic'e 13or -0 8
Vt ilm.ington, NC 28106
Direct: [phone]
()13ire: (910) 39943417 ext 101 t
<image002.png>
C'c;,..;ics•Rti;,'_ : 1�Ic.'_ic•cr:
=iC..
]a: �::Ef ins.. 1; :!i']alCa I•'L lE'lh :1� 1F ? ' ('lai/ .5... , ar l ,ail r._; oE�.Al.ly t`• : a;l. 7
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On Jul 9, 2021, at 11:44 AM, Ansel, Douglas R <[e-mail]> wrote:
Thank you both for sending this information as well as the documents Tim provided. I
have spoken with Christine Hall in the Wilmington Regional Office and she said that this
is not a unique situation for them, so she is going to help me put together an
explanation of the options that have been utilized in similar past projects. I'll get it sent
over to you once it is finalized.
Best,
Doug
Douglas R. Ansel.
,kssist:lnt Gcneral Coiansel
N.C. Department of Environinental Quality
meilepbo:ne: 919-107-8977

Mailing Address:
1601 Mail Service Center
Raleigh, NC 27699-1601
Physical Address:
2117 W. Jones St.
Raleigh, NC: 27603
Douglas.Anse lic-Dnederin gov
<image001.png>
E-mail correspondence to and front this address ;ncty h. e st.-Nect to the ,North Caroli:t^ Public
Rec!;i-ds Law• and men.: 6e disclosed to third parlics.
From: Amy Schaefer <[e-mail]>
Sent: Wednesday, July 7, 20212:18 PM
To: Tim Clinkscales <tclinkscales paramounte-eng.com>
Cc: Ansel, Douglas R <[e-mail]>
Subject: Re: [External] Brunswick County - Owendon Plantation/Summers Walk
CAUTION: External email. Do not click rinks or open attachments unless you verify. Send all
skislpicious email as an attachment to Report Spam.
Since: cly,
ry C S-aefeF
Ike Kacss. PI:I:C
Post 0II 13oa t.5i8
\N'1'1mingt0TL C 28 !06
(910) 8.12 9257 1)i1"'ct
(910) 399-�; z �f7 0111cv
<image002.png>
C_"nifia .16afit, Nofir,•
'
The i•:ll1�aernai:iui> cotaailiccl :r:.liLis a-n1t:� •r��.�: �z! i s illitilcr,�c. a:.t, I,t[f i1;•:111' , �:uc� •. ....:d( rcr -:cr
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On Jul 7, 2021, at 1:58 PM, Tim Clinkscales <tclinkscales paramounte-
eng.com> wrote:
Tim Clinkscales PE, PLS

PARAMOUNTE ENGINEERING, INC
122 Cinema Drive
Wilmington, NC 28403
OFFICE: [phone]
CELL: [phone]
FAX: [phone]
www.t)aramounte-enci.com
From: Tim Clinkscales
Sent: Wednesday, July 7, 2021 1:55 PM
To: Amy Schaefer <[e-mail]>; Ansel, Douglas R
<douelas.a nsel@ ncdenr.eov>
Subject: RE: [External] Brunswick County - Owendon
Plantation/Summers Walk
Tim Clinkscales PE, PLS
PARAMOUNTE ENGINEERING, INC
122 Cinema Drive
Wilmington, NC 28403
OFFICE: [phone]
CELL: [phone]
FAX: [phone]
www.r)aramounte-eng.com
From: Tim Clinkscales
Sent: Wednesday, July 7, 20211:54 PM
To: Amy Schaefer <[e-mail]>; Ansel, Douglas R
<[e-mail]>
Subject: RE: [External] Brunswick County - Owendon
Plantation/Summers Walk
Tim Clinkscales PE, PLS
PARAMOUNTE ENGINEERING, INC
122 Cinema Drive
Wilmington, NC 28403
OFFICE: [phone]
CELL: [phone]
FAX: [phone]
www.r)aramounte-eno.com
From: Amy Schaefer <[e-mail]>
Sent: Tuesday, July 6, 20215:12 PM
To: Ansel, Douglas R <[e-mail]>
Cc: Tim Clinkscales <[e-mail]>
Subject: Re: [External] Brunswick County - Owendon
Plantation/Summers Walk
I sent a calendar request with our conference number. Please let me
know if you don't receive the request.

Thank you and I look forward to our call tomorrow.
Sincerely,
Amy C. Schaefer
i..,c Kaess.1'i:L
Post ( )liic•e llox , i I'S
28106
WM `' `y ! 2,". Direct
(910) 3O`'-31 I? (Nlic'e
<image001.png>
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•�: ,:. , ...)f :. i. is � _r°•.c : �•ivc; .:. i, �._,... � r. r •'-c: •x,iF�,�i.� }; •r.vu
On Jul 6, 2021, at 5:06 PM, Ansel, Douglas R
<[e-mail]> wrote:
1:30 tomorrow would work great. Should I call you at
your direct line then?
Best,
Doug
Douglas R. Ansel
Assistant General Counsel
N.C. Department of Environmental Quality
Telephone: [phone]
11 tailing .Address:
1601 -Mail Service Center
Raleigh, NC 27699-1601
Physical Address:
217 W. Jones St.
Raleigh, NC 27603
Douglas. Anselgmedenngov
<itnage001.png>
E-mail corr,spo .de; :e to a ,d f -oin this adds-.-.ss may s
SOject to rite Nce•rth Carolina Pablic Records l..cnv and mtiv t::
discloso:l to third par' as.

From: Amy Schaefer <[e-mail]>
Sent: Tuesday, July 6, 202112:12 PM
To: Ansel, Douglas R <[e-mail]>
Cc: Tim Clinkscales <tclinkscales@paramounte-
ene.com>
Subject: Re: [External] Brunswick County - Owendon
Plantation/Summers Walk
CAUTION: External email, Do not click links or open
attachments unless you verify. Send aH suspicious email 7an
attachment to ! eoort So2rn.
Doug,
Do you have any time tomorrow afternoon, say 1:30?
C. ,Y aivfnr
Lee Kaess, PLLC
Post Office Box 15•1.8
Willing ton. PVC 28106
(910) 832-92.57 Direct
(910) 399131U Office
<image002.png>
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On Jul 6, 2021, at 9:04 AM, Amy
Schaefer <[e-mail]> wrote:
Doug,
I completely understand and thank you
for speaking with us. I discuss with Tim
and try to get a few times we'd be
available.
Amy

sill(vic t.
Amy C. Schaefer
Lee Kacss, PLLC.'
Post 011ic'c 11ox l.i 1,8
N,Vilrninly,tcxr, NC 28406
010) 832 925 1)lrect
01.0) '399-3'1 L 011tCC
<PastedGraphic-4.png>
Notice:
The in`"..__t ci rr. cotnaiitc;l io-1 rt=:is.r-trtai!
unit'.
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On Jul 2, 2021, at 9:09
PM, Ansel, Douglas R
<douglas.ansel@ncdenr
.gov> wrote:
Ms. Schaefer,
My apologies for not
being able to schedule
something this week.
What is your availability
next week to have a
call? My schedule is
currently most flexible
on Wednesday and
Thursday, if you and
Mr. Clinkscales have
time either of those
days.
Best,
Doug
Douglas R. Ansel
Assistan - Gcmeral
Counsel
10

N.C. Department
of ,Environmental
Quality
Telephone: 919-707-
8977
Mailing Address:
1601 Mail Service
Center
Raleigh, NC 27699-
160i.
Physical Address:
217 W. Jones St.
Raleigh, NC 27603
Doug] as.AnselL@..ncdenr.
ROV
<image001.png
E-mail cor: espondence to
and from this address may
be subject to the North
Carolina Public Records
Lam, and may be disclosed
to third parties.
From: Amy Schaefer
<[e-mail]>
Sent: Wednesday, June
30, 2021 1:22 PM
To: Ansel, Douglas R
<douglas.ansel@ncdenr
.eov>
Cc: Tim Clinkscales
<tclinkscales@paramou
nte-ens.com>
Subject: Re: [External]
Brunswick County -
Owendon
Plantation/Summers
Walk
'CAUTION: External email.
Do not click links or open
attachments unless you
verify. Send all suspicious
email as an attachment
to R! EEgq Spare.
Doug,
11

Please see attached.
The permit is SW8
960916.To
my knowledge the
permit is still held by
Don Owen, though the
property nas been
transferred to the HOA.
I'm uncertain of his or
the HOAs availability.
I also think a call might
be helpful if you'd be
available. My schedule
is flexible for the
remainder of this week.
I think it would be
helpful to have out
engineer, Tim
Clinkscales, on the call
as well and he's on this
email.
Thanks for the offer of
assistance.
Sin xrn ly,
A .11
;1-T f
Lre Kass. I'LLC
YosL Box l-.i dt
1t'iirnulgton, NC 28106
(91.0) 8R/2-9257 1)lI'4`i l
(910) 9-3 11.1 % (XII-I( .
<image002.png>
Confide': tt:f•'.il,'%wC,
it ;I,
ri�i;_..;;.. ::t_cl r:x:•'°.c:. t1.ia:
in' :nor. rl _or : 1:.
12

On Jun
30,
2021,
at
12:54
PM,
Ansel,
Douglas
R
<dougla
s.ansel
Ca)ncde
nr.go >
wrote:
Ms.
Schaefe
r,
Happy
to
assist.
I'll
reach
out to
staff,
but in
the
meanti
me, I
do have
a
couple
backgro
and
questio
nsfor
you:
• C
a
n
13

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If it's
easier
to have
a call to
discuss,
let me
know
and I'm
happy
to set
someth
ing up.
Best,
Doug
25

Dougla
s R.
Ansel
Assista
nt
General
Cowise
N.C.
Depart
ment
of Envi
ronmen
tal
Quality
Teleph
one: 9
19-707-
8977
Mailin
9
Add res
s:
1601
Mail
Service
Center
Raleigh
NC 27
699-
1601
Physic
al
Addres
s:
21.7 W.
cones
St.
Raleigh
NC 27
603
Doggla
s.Ansel
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26

E-:naffs
correspo
nderce
to azld
from this
address
ma�- be
subject
?o the
Nord?
Caroli r
a Pvb is
Records
Lcrw and
mau be
ds,:lose
d io
third
nartt_s.
From: A
my
Schaefe
r
<amvP
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Sent: W
ednesd
ay,
June
30,
2021
12:43
PM
To: Ans
el,
Douglas
R
<douala
s.ansel
ncde
nr.eoV>
Goebel,
Christin
eA
<Christi
ne.Goe
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CDENR.
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Cc: Tim
Clinksca
les
27

<tclinks
cafes
arp amo
unte-
eng.co
m>
Subject
. Re:
[Extern
al]
Brunsw
ick
County
Owend
on
Plantati
on/Sum
mers
Walk
LAUTio
N: Exter I
nil
erjn�,�oli.
Do not
dick
links or j
open
attachm
a
ents
unless
you
verity.
't
Send all
suspicio
us email
as an
attachrn
ent
to Repar i
t— pam_ I
Thank
you for
connec
ting us
to the
correct
divisio
n
counse
I.
28

Amy
Sent
from
my
Verizo
n,
Samsu
ng
Galaxy
smartp
hone
Get Ou
tlook
for
Androi
d
From:
Goebel,
Christin
eA
<Christi
ne.Goe
WON
CDENR.
GOV>
Sent: W
ednesd
ay,
June
30,
2021
12:32:0
7 PM
To: Am
Y
Schaefe
r
<amvg
leekaes
s.com>;
Ansel,
Douglas
R
<douela
s.ansel
ncde
n r.9ov>
Cc: Tim
Clinksca
les
29

<tclinks
cales
ap ramo
unte-
eng.co
m>
Subject
: RE:
[Extern
al]
Brunsw
ick
County
Owend
on
Pla ntati
on/Sum
mers
Walk
Ms.
Schaefe
r-
I'm an
Assista
nt
General
Counsel
for DEQ
and
represe
nt the
Division
of
Coastal
Manag
ement,
not the
Division
Of
Energy,
Mineral
and
Land
Resourc
es,
which
handles
stormw
ater
30

issues.
I've
copied
in my
fellow
DEQ
Asst.
GC
Doug
Ansel
who
may
know
better
who
you
should
talk to.
Thanks -
Christy
From: A
my
Schaefe
r
[mailto:
am I
eekaess
.com
Sent: W
ednesd
ay,
June
30,
2021
12:15
PM
To: Goe
bel,
Christin
eA
<Christi
ne.Goe
be_ON
CDENR.
GOV>
Cc: Tim
CI i nksca
les
<tclinks
01

cafes
ap ramo
unte-
eng.co
m>
Subject
: [Exter
nal]
Bru nsw
ick
County
Owend
on
Plantati
on/Sum
mers
Walk
c11U no
N: Exte r
j nal
email.
I Do not
click
links or
open
attachm
ents
unless
you
verify.
Send all
auspicio
us email ,
as an I
attachm
ent k
to Repor
t S :,am.
Good
afterno
on,
Hope
all is
well in
Raleig
h. I am
emailin
g to
request
32

your
assista
nee
and
advise
on a
project
in
Bruns
wick
County
.I
attache
d a few
relevan
t
docum
ents
but
basical
ly my
clients
purcha
sed
partof
a
propert
y
under a
low
density
permit
and
want to
develo
p the
remain
ing
area. It
doesn't
look
like the
origina
1
permit
was
ever
transfe
rred to
the
HOA
33

and
we'd
like to
split
the
permitt
ed
propert
y. We
tried
connec
ting
with
the
local
NCDE
Q
represe
ntative
s but
have
not
revived
a
respon
se.
Can
you
provid
e any
guidan
ce on
how
best to
approa
ch this
develo
pment?
I
copied
our
project
engine
er on
this
email
and
we'd
be glad
to
34

discuss
or
provid
e you
with
any
additio
nal
inform
ation
you
may
need.
Sincere
ly-
C;
SC12a
efer
1. .:e
K.Ic,ss.
P11.0
Post.
(:?lire
Box
lv i 18
NV IIIIin
Alo n.
NC `8t
06
(i) i0►
832
9257
Dire.•
M 0)
31,17
( 171-hI :
<imag
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ng>
<Owenden 2001.06.03.pdf><Owenden 1996.12.02.pdf><Owenden
2000.03.03. pdf>
35

Burd, Tina J
From: Burd, Tina J
Sent: Thursday, September 9, 2021 9:43 AM
To: 'D Logan'
Subject: SW8 960916- Owendon Plantation
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Transfer Application and $505.00 fee for the subject project on September 7, 2021. The project
has been assigned to Kelly Johnson and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
z:�:f ME
_ y
Email correspondence to and from this address i- subject to the
North Carolina Pubiic Re -cords Law and may be disclosed to third paruas.
Website: htta://deg.nc.goy/about/divisions/energy-mineral-land-resources/stormwater
Based on the current guidance to minimize the spread of COVID-ig, the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered
shifts. To accommodate these staffing changes, all DEQQoffice locations are limiting public access to appointments only. Please
check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We
appreciate your patience as we continue to serve the public during this challenging time.

SOSTD: 2192353
Date Filed: 5/13/2021 4:06:00 PM
Elaine F. Marshall
State of Nord, Carolina North Carolina Secretary of state
Department of the Secretary of State C2021 133 02993
Limited Liability Company
ARTICLES OF ORGANIZATION
Pursuant to 157D-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles
of Organization for the purpose of forming a limited liability company.
1. The name of the limited liability company is: LDI Shallotte 179 Holdings, LLC
(See Item 1 of the Instructions for appropriate entity designation)
2. The name and address of each person executing these articles of organization is as follows: (State whether each
person is executing these articles oforganization in the capacity of member, organizer or both by checking
all applicable boxes.) Note. This document must be signed by all persons listed.
Name Business Address Capacity
Robbie B. Parker PO Box 4548, Wilmington, NC 28406 ❑Member ❑■ Organizer
❑Member []Organizer
[]Member ❑Organizer
3. The name of the initial registered agent is: D • 1. Logan
4. The street address and county of the initial registered agentotFce of the limited liability company is:
Number andStreet60 Gregory Road, Suite 1
city Belville Ste: Nr, Zip cote: 28451 County: Brunswick
5. The mailing address. if different from the street address, of the initial registered agentoffice is:
Number and Street
City State: N& Zip Code: County:
6. Principal office information: (Select either a orb.)
a. ❑� The limited liability company has a principal office.
The principal office telephone number:
The street address and county of the principal office of the limited liability company is. -
Number and street: 60 Gregory Road, Suite 1
city:Beiviue Smote. Zip .. 28451 county. Brunswick
I
-3EP 09 2021

The mailing addressif different from the street address, of the principal office of the company is:
Number and Street:
City: State: Zip Code: County:
b. ❑ The limited liability company does not have a principal office.
7. Any other provisions which the limited liability company elects to include (e.g.. the purpose of the entity) are
attached.
8. (Optional): Listing of Company Officials (See instructions on the importance of listing the company officials in the
creation document.
Name Title Business Address
9. (Optional): Please provide a business e-mail address: tonymokmkeess.com
The Secretary of State's Office will e-mail the business automatically at the address provided above at no cost when a
document is filed. The e-mail provided will not be viewable on the websile. For more information on why this service is
offered, please see the instructions for this document.
10. These articles will be effective upon filing, unless a future date is specified:
This is the 12th day of May , 2021
Signature
Robbie B. Parker. Organizer
Type or Print Name and Title
The below space to be used if more than one organizer or member is listed in Item #2 above.
Signature Signature
Type and Print Name and Title Type aridi'nnt Namc an Ttt3�_
NOTE:
I. Filing fee is $125. This document must be filed with the Secretary of State.

SUMMERS WALK
TOWN OF SHALLOTTE
BRUNSWICK COUNTY, NC
STORMWATER DESIGN NARRATIVE
Prepared For:
LDI Shallotte 179 Holdings, LLC
60 Gregory Road, Suite i
Relville, NC 28451
Prepared by:
PAa,AM(DUTk**;TE
E "Cal 1 N E E R 1 IV C3 , 1 N C.
122 Cinema Drive
Wilmington, NC 28403
NC License P C-2846
Project #20459.PE
:S:EP09 2021
.yau',yu
`' V\ CARo
JULY 2021 s
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5 l V 4
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C

Design Narrative
Soils Map
USGS Map
Calculations
Misc.
SUMMERS WALK
TOWN OF SHALLOTTE
BRUNSWICK COUN T Y, NOR T H C AROLINA
Project #20459.PE
Table of Contents
Page

SUMMERS WALK
TOWN OF SHALLOTTE
BRUNSWICK BOUNTY, NORTH CAROLINA
Project #20459.PE
DESIGN NARRATIVE
LDI Shallotte 179 Holdings, LLC proposes to construct a residential neighborhood off Pine Lake Drive
near the intersection of Pine Lake Drive and HWY 179 (Bricklanding Road) in the Town of Shallotte,
Brunswick County. As a result, please find this design narrative, plans, and supporting calculations. The
property is located at a latitude and longitude of 33.946767' &-78.404875" (Deed Book 04624 Page 0187).
The property drains to The Mill Pond (C;Sw,HQW;15-25-2-11-(1)). According to the NRCS Soil Survey of
Brunswick County the soil across the site consists mainly of Murville mucky fine sand (Mu), Leon fine
sand (Lo), and Torhunta loamy fine sand (To), with traces of Mandarin fine sand (Ma), Tomahawk loamy
fine sand (Tm), Foreston loamy fine sand (Fo), and Baymeade fine sand (BaB). Also, the Soil Survey lists
3.5 acres of Water (W) across the site.
The Summerwalk project will be a low -density permit with 24% impervious. The project will have curb
and gutter with lot line swales that either flow into ponds or existing wetlands. All the ponds on the site
are for the Town of Shallotte stormwater requirements. All piping is either between ponds or to capture
off -site stormwater from either Owendon Planation or adjacent wetlands. All the lot line swales meet the
low -density threshold of 100 feet in length. The area for the stormwater boundary is 61.51 acres with
14.76 acres of impervious. The breakdown shown in the corresponding spreadsheet.
As discussed with NCDEQ staff, the land (project) in question is part of the SW8 960916 mod (Owendon
Planation). Per emails and conversation with state legal counsel, we are submitting the permit in LDI
Shallotte 179 Holdings, LLC name without the HOA signature. An email and final decision summary is
provided as part of the transfer package. Immediately upon approval of the transfer, the acreage within
the Owendon Plantation HOA, land not held by LDI Shallotte 179 Holdings will be transferred to
Owendon Planation HOA. A stormwater inspection was performed on the existing neighborhood, and
all swales were stabilized and per the plans on file at NCDEQ.
For the modification, we have determined the area once permits are split that allows both to meet the low
density requirements, with Owendon being the 30% per its approved permit and Summerwalk 24% per
the current rules. For the Owendon permit, we used google earth to calculate the impervious of roads,
sidewalks and amenity site, in addition, we checked lots to verify below the 3000 sf/lot as in the original
permit. This is also shown in a provided spreadsheet for the Owendon permit. The area for the
Owendon modification totals 29.90 acres with 2.44 acres from LDI's property. To meet this 30%, land on
LDI Shallotte 179 Holdings, LLC is part of the stormwater boundary for the Owendon permit.
Page

MAINTENANCE
Contractors shall be responsible for periodic inspection and maintenance of all indicated erosion control
devices. In addition, inspection and any necessary maintenance will be required immediately following
any significant storm event. Any erosion control measure that fails to function as intended shall be
repaired immediately. Upon completion of construction and the establishment of stabilized ground
cover, the property owner shall be responsible for any ongoing site maintenance.
Page 7

EROSION AND SEDIMENTATION CONTROL SPECIFICATION
PART1-GENERAL
1.1 RELATED DOCUMENT
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 WORK INCLUDED
A. Contractor shall take every reasonable precaution throughout construction to prevent the
erosion of soil and the sedimentation of streams, lakes, reservoirs, other water impoundments,
ground surfaces, or other property as required by State and Local regulations.
B. Contractor shall, upon suspension or completion of land -disturbing activities, provide
protection covering for disturbed areas. Permanent vegetation shall be established at the earliest
practicable time. Temporary and permanent erosion control measures shall be coordinated to
assure economical, effective, and continuous erosion and sediment control throughout the
construction and post construction period.
1.3 RELATED SECTIONS
A. Related Sections —The following Sections contain requirements that relate to this Section:
1. 01011— Existing Underground Utilities
2. 01015 — Special Conditions for this Contract
3. 01070 — Shop Drawings, Project Data & Samples
4. 02200 — Earthwork, Excavation Trenching, and Backfilling
5. 02230 — Site Clearing
6. 02240 — Dewatering
7. 02485 — Seeding General Areas
1.4 REGULATORY REQUIREMENTS
A. Contractor shall be responsible for prevention of damage to properties outside the construction
limits from siltation due to construction of the project. The Contractor will assume all
responsibilities to the affected property owners for correction of damages that may occur.
Erosion control measures shall be performed by the Contractor, conforming to the requirements
of, and in accordance with plans approved by applicable state and local agencies and as per the
erosion control portion of the construction drawings and these specifications. The Contractor
shall not allow mud and debris to accumulate in the streets. Should the Contractor pump water
from trenches during construction, appropriate siltation preventative measures shall be taken
prior to discharge of pumped water into any storm drain or stream.
Page 7

PART 2-PRODUCTS
2.1 Open mesh biodegradable mulching cloth.
2.2 Fertilizer shall be 10-10-10 grade or equivalent.
2.3 Lime shall be dolomitic agricultural ground 1 limestone containing not less than 10 percent
magnesium oxide.
2.4 Phosphate shall be 20 percent super phosphate or equivalent.
2.5 Provide grass seed mixture as shown on the plans.
2.6 Silt fence shall consist of non -biodegradable filter fabric (Trevira, Mirafi, etc.) wired to
galvanized wire mesh fencing and supported by wood or metal posts.
2.7 NCDOT Class B stone for erosion control.
PART 3 - EXECUTION
3.1 CLEARING
A. Clearing and grubbing shall be scheduled and performed in such a manner that subsequent
grading operation and erosion control practices can follow immediately thereafter. Excavation,
borrow, and embankment operations will be conducted such that continuous operation. All
construction areas not otherwise protected shall be planted with permanent vegetative cover
within 7 working days after completion of active construction. All slopes shall be planted
within 14 calendar days after completion of such activity.
3.2 STABILIZING
A. The angle for graded slopes and fills shall be no greater than the angle that can be retained by
vegetative cover or other adequate erosion control devices or structures. All disturbed areas not
to be paved and left exposed will, within 14 calendar days of completion of any phase of
grading, be planted or otherwise provided with either temporary or permanent ground cover,
devices, or structures sufficient to restrain erosion. All slopes steeper than 3:1 shall be planted
or otherwise provided with either temporary or permanent ground cover, devices, or structures
sufficient to restrain erosion within 7 calendar days.
3.3 REGULATORY REQUIREMENTS
A. Whenever land disturbing activity is undertaken on a tract, a ground cover sufficient to restrain
erosion must be planted or otherwise provided within 7 calendar days on that portion of the
tract upon which further active construction is to being undertaken.
B. If any earthwork is to be suspended for any reason whatsoever for longer than 7 calendar days,
the areas involved shall be seeded with vegetative cover or otherwise protected against
excessive erosion during the suspension period. Suspension of work in any area of operation
does not relieve the Contractor of the responsibility for the control of erosion in that area.
Page 7

PART 4 - CONSTRUCTION PHASE
4.1 PRACTICES
A. Avoid dumping soil or sediment into any streambed or watercourse. Backfill for stream
crossings shall be placed dry and compacted to minimize siltation of the watercourse, where
applicable.
B. Maintain an undisturbed vegetative buffer where possible between a natural watercourse and
trenching and grading operations.
C. Avoid equipment crossings of streams, creeks, and ditches where practicable.
PART 5 - SEDIMENT CONTROL FEATURES
5.1 GENERAL
A. All devices (silt fences, retention areas, etc.), for sediment control shall be constructed at the
locations indicated prior to beginning excavation on the site. All devices shall be properly
maintained in place until a structure or paving makes the device unnecessary or until directed
to permanently remove the device.
5.2 DESIGN APPLICATIONS
A. Mulch shall be used for temporary stabilization of areas subject to excessive erosion, and for
protection of seed beds after planting where required.
1. Jute, mesh, etc. should be installed as per manufacturer's instructions.
B. Silt fences shall be used at the base of slopes to restrict movement of sediment from the site.
C. Riprap shall be used at the proposed outfall pipes as indicated on plans.
D. Establish vegetative cover on all unpaved areas disturbed by the work.
1. Preparation of Seedbed. Areas to be seeded shall be scarified a depth of 6 inches until a
firm, well -pulverized, uniform seedbed is prepared. Lime, phosphorous, and fertilizer
shall be applied during the scarification process in accordance with the following rates.
a. Lime — 2 ton per acre
b. Nitrogen —100 pounds per acre
C. P2O5 — 200 pounds per acre
2. Seeding. Disturbed areas along roads and ditches shall be permanently seeded with 10-20
pounds per acre of centipede during the period from March through September. Seeding
performed during the period from April to August shall be temporarily seeded with 40
pounds per acre of German Millet. The permanent vegetative cover will be over seeded
at the earliest possible time as specified above.
1 Mulch all areas immediately after seeding. Mulch shall be applied and anchored as
specified hereinbefore.
Page 7

5.3 MAINTENANCE
A. The Contractor shall be responsible for maintaining all temporary and permanent erosion
control measures in functioning order. Temporary structures shall be maintained until such
time as vegetation is firmly established and grassed areas shall be maintained until completion
of the project. Areas which fail to show a suitable stand of grass or which are damaged by
erosion shall be immediately repaired.
5.4 REMOVAL OF SEDIMENT CONTROL DEVICES
A. Near completion of the project, when directed by the Owner's agent, the Contractor shall
dismantle and remove the temporary devices used for sediment control during construction.
All erosion control devices in seeded areas shall be left in place until the grass is established.
Seed areas around devices and mulch after removing or filling temporary control devices.
END OF SECTION 02410
Page 7

SOILS MAP

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Hydrologic Soil Group —Brunswick County, North Carolina
Hydrologic Soil Group
Crews Tract
Map unit symbol
Map unit name
Rating
Acres in AOI
Percent of AOI
BaB
Baymeade fine sand, 1
to 6 percent slopes
A
1.3
1.2%
Fo
Foreston loamy fine
sand
B
3.2
3.0%
Lo
Leon fine sand
AID
32.2
30.9%
Me
Mandarin fine sand
B/D
8.9
8.5%
Mu
Murville mucky fine sand
A/D
38.3
36.8%
Tm
Tomahawk loamy fine
sand
A
5.6
5.3%
To
Torhunta mucky fine
sandy loam
A/D
11.2
10.8%
W
Water
3.5
3.4%
Totals for Area of Interest
104.1
100.0%
USDA Natural Resources Web Soil Surrey 7/9/2021
Conservation Service National Cooperative Soil Survey Page 3 of 4

Hydrologic Soil Group —Brunswick County, North Carolina
Description
Hydrologic soil groups are based on estimates of runoff potential. Soils are
assigned to one of four groups according to the rate of water infiltration when the
soils are not protected by vegetation, are thoroughly wet, and receive
precipitation from long -duration storms.
The soils in the United States are assigned to four groups (A, B, C, and D) and
three dual classes (AID, BID, and C/D). The groups are defined as follows:
Group A. Soils having a high infiltration rate (low runoff potential) when
thoroughly wet. These consist mainly of deep, well drained to excessively
drained sands or gravelly sands. These soils have a high rate of water
transmission.
Group B. Soils having a moderate infiltration rate when thoroughly wet. These
consist chiefly of moderately deep or deep, moderately well drained or well
drained soils that have moderately fine texture to moderately coarse texture.
These soils have a moderate rate of water transmission.
Group C. Soils having a slow infiltration rate when thoroughly wet. These consist
chiefly of soils having a layer that impedes the downward movement of water or
soils of moderately fine texture or fine texture. These soils have a slow rate of
water transmission.
Group D. Soils having a very slow infiltration rate (high runoff potential) when
thoroughly wet. These consist chiefly of clays that have a high shrink -swell
potential, soils that have a high water table, soils that have a claypan or clay
layer at or near the surface, and soils that are shallow over nearly impervious
material. These soils have a very slow rate of water transmission.
If a soil is assigned to a dual hydrologic group (A/D, BID, or C/D), the first letter is
for drained areas and the second is for undrained areas. Only the soils that in
their natural condition are in group D are assigned to dual classes.
Rating Options
Aggregation Method. • Dominant Condition
Component Percent Cutoff. None Specified
Tie -break Rule: Higher
Crews Tract
LISDA Natural Resources Web Soil Survey 7/9/2021
Conservation Service National Cooperative Soil Survey Page 4 of 4

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CALCULATIONS

Summerwalk
pARAMouNTE
E N G 1 N E E R 1 N G, 1 N G.
Impervious Allocation as per 8/1/21
Total Pro act Area 61.51
Total Impervious Area Allowed at 24% 14.76
Lot
Count Acres
Total Lots
145
Sidewalk
49,600
114
Pump Station
500
0.01
Amenity
13,500.00
0.31
Roads
145.900
3.35
Total Impervious Area 14.76 acres
Total Impervious Area (Lots) 9.95 acres
Future Impervious Area 0.00

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PROJECT: Summers Walk
VARIABLES:
GIVEN:
SWALE CALCULATIONS
C =
runoff coefficient
i =
rainfall intensity
Ad =
area draining to channel
b =
channel bottom width
channel side slope (z:1)
d =
depth of flaw in channel
n =
channel roughness coefficient (Manning's)
A. =
channel wetted area
$ae Table
i =
750 in/hr
b=
3 ft
z=
3
n =
0.02
Channel Design Depth =
1 It
Valavabw=
2.5 fps
APPLICABLE EQUA71ONS:
Qd..Ip= CiAd
Ax=bd+zd`
P = b + 2d(1+z 2)v2
P channel wetted perimeter
R= channel hydraulic radius
S = channel longitudinal slope
Qd-gn= runoffflowingtochannel
Qecnsi= channel flow capacity
Veiwamia= maximum allowable velocity to prevent scour
Vacwe' channel flow velocity
(for 10-year storm tc=10min)
(Grass)
(Table 8.05d)
V-W1= (1.49/n) R" S "'
Qacwai= V acweAx (must meet or exceed Qdapg,
9/6/2021
Page 1 of 2

CALCULATIONS:
RUNOFF
I
I
I
I CHANNEL
SWALE #
1 G
1'4d@Wgl,
Length
Inv In
linv Out
S
d
1 P6
P
R
I V..I..!
some!
dcquatc Capacl,
ining or Check Dam required?
acres
(0t)
(ft)
I (ft)
(ft)
(ft/ft)
(ft)
s
(ft)
(fps)
(c%)
(YIN)
Y/N)
2-1
1.858
:.:>2
7.25
160
4637
4500
0.0091
0.50
2.25
6.16
0.37
3.64
8.18
Y
Y
2-2
1.109
0-63
5.24
161
4659
4500
0.0105
0.40
1.68
5.53
0.30
3.45
5.80
Y
Y
2-3
1.500
0.67
7.54
151
4659
4500
0.0105
0.48
2.13
6.04
0.35
3.82
8.14
Y
Y
2-5
4.624
G.. 1
14.22
600
4775
4225
0.0092
0.70
3.57
7.43
0.48
4.38
15.62
Y
Y
3-0
1.313
Q 30
2.95
180
4800
46.00
0.0111
0.30
1.17
4.90
0.24
3.02
3.54
Y
Y
4-1
1.258
064
6.03
151
46.63
45.06
0.0104
0.45
1.96
5.85
0.33
3.66
7.17
Y
Y
4-2
0.865
0 68
3.76
149
46.04
45.06
0.0066
0.40
1.68
5.53
0.30
2.73
4.59
Y
Y
4.3
0.926
00
4.86
145
46.03
45.00
0.0071
0.45
1.96
5.85
0.33
3.03
5.92
Y
Y
4-4
1.180
5.22
160
45.98
45.00
0.0061
0.45
1.96
5.85
0.33
2.81
5.50
Y
Y
4-5
0.689VQ�7
3.51
193
46.01
45.00
0.0052
0.40
1.68
5.53
0.30
2.43
4.09
Y
N
4-7
2.372
11.21
145
46.33
45.00
0.0092
0.60
2.88
6.79
0.42
4.02
11.59
Y
Y
4-8
1203
6.50
145
46.33
45.00
0.0092
0.45
1.96
5.85
0.33
3.44
6.73
Y
Y
5-0
3.6097.58
275
46.60
44.00
0.0058
0.55
2.56
6.48
0.39
3.06
7.82
Y
Y
5-1
1.082
4.87
146
46.30
45.31
0.0068
0 445
1.96
5.85
0.33
2.96
5.79
Y
Y
3.729
2.991
2,226
1-1
0.23 It.43
60
310
41.92
41.00
0.0030
0.70
3.57
7.43
0.48
2.49
8.89
Y
N
1-2
0,24'
'02,4:
5.38
188
42.50
41.92
0.0031
0.60
2.88
6.79
0.42
2.33
6.72
Y
N
13
4.01
847
44.00
4280
0.0014
0.60
2.88
6.79
0.42
1.58
4.56
Y
N
1-4
1.136
0;63 .
5.37
118
46.62
45.00
0.0137
040
1.68
5.53
0.30
3.94
6.82
Y
Y
15
0.781
-.0,72`
4.22
138
46.61
45.00
0.0117
0.35
1.42
5.21
0.27
3.38
4.79
Y
Y
15
0.668
0,54
2.81
200
46.61
45.00
0.0081
0.30
1.17
4.90
0.24
2.57
3.01
Y
Y
1-7
0.925
(73
5.06
130
46.61
45.00
0.0124
0.40
1.68
5.53
0.30
3.75
6.29
Y
Y
1-8
1.343016
6.65
138
46.61
45.00
0.0117
0.46
1.96
5.85
0.33
3.88
7.59
Y
Y
1-9
1.483A-77
8.56
128
46.64
45.00
0.0128
0.50
2.25
6.16
0.37
4.31
9.69
Y
Y
1-10
0.308
;57•:
1.32
100
48.98
48.15
0.0083
0.19
0.68
4.20
0.16
1.99
1.35
Y
N
1-11
0.498Q:56
•
2.09
130
48.70
48.10
0.0046
0.30
1.17
4.90
0.24
1.95
2.28
Y
N
1-12
0.7141043.27
120
48.45
48.00
0.0038
0.37
1.52
5.34
0.28
1.97
3.30
Y
N
9/6/2021
Page 2 of 2

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N O E o V U U.

Owendon Plantation
p.ARA MouNTE
E N G 1 N E E Ft 1 N G, 1 N C.
Impervious Allocation as per 8/21/21
Total Pro ect Area 1 29.90
Total Impervious Area Allowed at 30% 1 8.97
Lot
Count Acres
Total Lots
1 97
Sidewalk
5,050
1 0.12
Pump Station
500
0.01
Amenity
9,700.00
0.22
Roads
84.230
1 1.93
Total Impervious Area 8.96
Total Impervious Area (Lots) 6.68 acres
Future Impervious Area 0.01 acres

SOSro: 2192353
Date Filed: 5/13/2021 4.06:00 PM
Elaine F. Marshall
State of Alorth Carolina North Carolina Secretary of State
Department of the Secretary of State C2021 133 02993
Limited Liability Company
ARTICLES OF ORGANIZATION
Pursuant to §5713-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles
of Organization for the purpose of forming a limited liability company.
I. The name of the limited liability company is: LDI Shallotte 179 Holdings, LLC
(See item I of the Instructions for appropriate entity designation)
2. The name and address of each person executing these articles of organization is as follows: (State whether each
person is executing these articles oforganization in the capacity of a member, organizer or both by checking
all applicable boxes.) Note: This document must be signed by all persons listed.
Name Business Address Capacity
Robbie B. Parker PO Box 4548, Wilmington, NC 28406 ❑Member O ❑ rganizer
❑Member []Organizer
❑Member ❑Organizer
3. The name of the initial registered agent is: D • 1. Logan
4. The street address and county of the initial registered agent office of the limited liability company is:
Number and street 60 Gregory Road, Suite 1
city Belville State: NQ Zip Code: 28451 County: Brunswick
5. The mailing address, if different from the street address, of the initial registered agentoffice is:
Number and Street
City State: NC Zip Code: County:
6. Principal office information: (Select either a orb.)
a. ❑] The limited liability company has a principal office.
The principal office telephone number:
The street address and county of the principal office of the limited liability company is:
Number and street: 60 Gregory Road, Suite 1
City; Belville State: Zip code: 28451 County: Brunswick

The not1jazoWiess, if different from the street address, of the principal office of the company is:
Number and Street:
City: State: Zip Code: County:
b. The limited liability company does not have a principal office.
7. Any other provisions which the limited liability company elects to include (e.g., the purpose of the entity) are
attached.
S. (Optional): Listing of Company Officials (See instructions on the importance of listing the company officials in the
creation document.
9. (Optional): Please provide a business e-mail address: [e-mail]
The Secretary of State's Office will e-mail the business automatically at the address provided above at no cost when a
document is filed. The e-mail provided will not he viewable on the website. For more information on why this service is
offered, please see the instructions for this document.
10. These articles will be effective upon filing, unless a future date is specified:
This is the 12th day of May , 2021
Signature
Rabble B. Parker, OrganlzN
Type or Print Name and Title
The below space to be used if more than one organizer or member is listed in Item #2 above.
Signature Signature
Type and Print Name and Title Type ariid—Pnnt Name an Trtd it
NOTE:
1. Filing fee is $125. This document must be filed with the Secretary of State.

I� ly1 h111111111111111111111lr L62 p�of Dead. i��e �:25
,
�,� ss y�
robd Rev
Ck$ Ck Cash
Refund Cash 16 Finn*-
p Portim of document are Illegible due to oondltlon
of orwel.
f7 Doaano contain aeaie verified by ori(pnal
irnta me d that cannot be reproduced or 000ied.
Brenda K. Clemons Register of Deeds
05-M2021 12:07:26.080 Brunswick County, NC
NC REVENDi STAMP: $1600.00 (#755454)
This instrument prepared by BaxleySmithwick PLLC, licensed North Carolina attorneys,
WITHOUT OPINION ON TITLE. Delinquent taxes, I any, to be paid by the closing attorney to
the Brunswick County Tax Collector upon disbursement of closing proceeds.
NORTH CAROLINA SPECIAL WARRANTY DEED
Excise Tax: $1,800.00 Tax Parcels 21300038, 2130003806; and 2130004105
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
THIS DEED, made this the day of MW 2021, by and between
ERNEST G. CREWS and wife, DONNA T. CREWS, of 56 6 Bertha Court SW, Ocean Isle
Beach, NC 28469, parties of the first part, hereinafter referred to as Grantors; and LDI
SHALLOTTE 179 HOLDINGS, LLC, a North Carolina limited liability company, of 60
Gregory Road, Suite 1, Belville, NC 28451, party of the second part, hereinafter referred to as
Grantee;
WITNESSETH:
THAT Grantors, for a valuable consideration paid by Grantee, the receipt of which is
hereby acknowledged, have and by these presents do grant, bargain, sell and convey unto
Grantee, its successors and assigns, in fee simple, all those certain tracts or parcels of land
being more particularly described in the attached Exhibit A incorporated herein by reference.
In accordance with NCGS Section 10"Il7.2, the mailing addresses of Grantors and
Grantee are as stated above. The property herein conveyed does not include the primary
residence of Grantors.
TO HAVE AND TO HOLD the aforesaid tracts or parcels of land and all privileges and
appurtenances thereunto belonging to Grantee in fee simple.
AND Grantors do hereby covenant with Grantee that Grantors have done nothing to
impair such title as Grantors received, and that Grantors will warrant and defend the title

FILE: FCR RE-SISTRATICH
r- ] - TII:;
.Jl-' 29 AM 9: 17
t:Js:.: € .. "161a::uld
REMSTC I W BEERS
8RUH5lk1CS U-611TY. N.C.
MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
01YENDON PLANTATION
Prepared by
Mason H. Anderson
The Anderson Law Firm
Attorneys at Law
SWatte, NC 29459
111 HA: NIARKIOIVENDON.AiD:7/20J98
'S'ACi - �)L-F
Vitt-voL%MbC-116
a
`_ 6 , �.
SEP 0 9 202

l
INDEX - " •, , .. i :; : ,
FOR
MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
OWENDON PLANTATION
Definitions ... ..................................
Plan of Development
TheDevelopment Plan ..................... _.......................... _.................... „„..„..»..»_......
6
TLe Water and Sewer Systems...........„ .............. .......................................7
.-............__..-7
-....»......„..........................-..........-..--
property Subject to this Master Development Plan
...................... .... ..................... --................. - ........
7
Mutuality of Benefit and Obligation .„.-----_ .............. ».............. „............... ..................... ..g
Property Rights in the Common Areas
Occupants and Easements of Enjoyment in the Common Areas. .................... . ..............
Titleto the Common Areas -..... _...... _........ _... ..... ............... „............. _.......... _........ _._..8
»
Limitation of Occupants' Easements .»..........................._.............. „........
Easement for Governmental, Health, Water, Sanitation and Emergency
Services_... --........................... ...................„.._....._........... .................................. 10
Easement for Declarant ------------ .... ......... .................. ...
.10
Changes in Boundaries; Additions to Designate Common Areas ............................. _....10
Casementsfor Utilities ............. -................. -........... ...................... -••- ................ _.....11
Maintenance Easement ..„..»........... ............... _...... „........ ............... -................................11
Environmental Easements ..... .................. „..
Encroachments....................••--.._„........._................„. .............. ....
»..........�.........:;;
_...
Membership, Voting Rights and Turnover
Membership......... _-........ ......... ............................... ..... ..................... „.
12
VotingRights_ ............................................ „............................... „........ „...............•........12
Turnover............... ........... .......... ....... -...... ... ..................................... ...........14
Covenant for Assessments
Creation of the Lien and Personal Obligation of Assessments.......................................14
Purpose of Assessmettts.............. .--------- -----.------- _.-------------------------- ---- -_-.--------- - -15
Date of Commencement of -Annual Assessments% Due Date;
AssessmentPeriod .......... _...... _.......... -........ -............................. ............•
16
Basis and Amount of the Annual Asses sment... -..... „.................... _.._.........„....
...„.......
16
Special Assessments ......... ....•-- ---_._..._--._..._.._.-------......._...._..._._-..._-------
17
Change in Basis of Maximum -Amount of the Annual Assessment...„-„..._..-.„.._..__....
Is
Dutiesof the Board of Directors.- ...... ........ -.......... ».................... » ........ ............ -- ........ .
18
Effect of Non -Payment of Assessment: The Personal
Obligation of the 0%%mcr; The Lien; Remedies of
the A,ssocialion; Late Fc= Resale Certificate _........ -........ _........... ...................
Is
Subordination of the Lien to Mortgages ...... _......... -„........ ............ „........ ........ _..__........
19
Maintenance

Owner's Responsibilities..__....--............._.........................................,..........___._....._-.__-20
AssociationResponsibilities ................... ................................. _...... ............. ....- ........
..... 20
Insurance and Casualty Losses
Property and Casualty Insurance ................... ................ ............ .......... ..._...... _............. _ 21
Premiums.............. ...................... .... ... ......... -........ .................................. ...................... .. 22
Damage or Destruction to Common Areas..........................._.........................................22
Condemnation
Condemnation of Common Areas............................................................_..........---.----•
22
Administration of the Common Areas
Management. ...... ............ ..............................................-.....--------....._............................
33
Dutiesand Powers-_. . .. . .. . . .... . .......... . .......... . ...... . .......... . . . . ....... . .. . . — — --- - --------- 23
Agreements................ ........... ....... ........................... .................................... ............
_. 23
Restraint on Transfer• ................. __.................................. _.-................ ............................. 24
Rulesand Regulations ._................................................................... .'_............_.........24
Architectural and Landscaping Standards ----------- _....................----------- --.----_-_---------_-_-_---_-. 24
General Prohibitions
TemporaryStructures ............. _........ _............................ ........................................ -......... 25
Completion of Structures ..................................... ...,..__-.._................__....._..__.......__ 25
Pets.........................................................................................._.................................. ....... 25
StorageReceptacles .... ............................. _.......................... _................ _-- ..................
.26
Maintenance of Unoccupied Lets ..... ....... .......................... -.......... _ .................... __..
.... _26
Offensive and Illegal Activities --_.........------------------------------ ................................_....
27
Repairor Removal of Buildings .... .......................................... ..................... .......... _.._
.27
OutsideBurning_ .......... .................. _... .......... -................... ................................................
27
Divisionof Lots.. - - - -_.._.....................................................................................27
Motor Vehicles and NoiseLevel......................................................................................28
AdditionalRules ..... .................... ........................... »................ ........ .... ........................ ..... 28
Signs...... ..... _... ---•...... -................................................_..............., ..............................
29
Antennas------_ ........ _........ .......... _...... _.................. ........ ...... __....... ----- ........ _
..... 29
Salesand Construction Activities................._...................................._......_._.._.._._........29
Enforcement
Use............................................»........................................................_...-----..................... 30
Rulesand Regulations ...... ............ _...... ........ ................. ......... .................. ........ ................. 29
Invalidation........................................................... _... _............... _.._................................. 30
Priority of Land Use Documents .... ................. ................ ....-.._........... _�.....____.- --
---30
Duration._ ..................... ....... ..... .................................................................. ..... ............ 30
Amendment.... _...... _............ _................................... ....................... ..... ............ ...._....... 31
Enforcement-IGeneral..................... -...... _.................... _............ .._....... - ............ ..........31
Inierpretations......._ .......................................... ...................... ...................................
..... 32
Severtbility-.......... ................................................................................................. 32
NoTrespass .___.......... _._...... ......... .................... ...................... _................ _..................... 32
Notices..................... ....... ............. ............ .......... .......... _.............. .............. ..... _..__........... 33
Working Capital Contribution.....................................................................................................
33
Construction...... _.................... ................»..................................................................................... 33

. 7 � �. L'
:;,1 I :..) 0 I,t. t J 0 I
MASTER DECLARATION OF COVENANTS. CONDITIONS AND
RESTRICTIONS FOR OWENDON PLANTATION
This Declaration of Covenants, Conditions and Restrictions for Owendon Plantation is
trade this M day of _, 1999. by Owen Ventures, Inc., a North Carolina corporation,
hereinafter referred to as the "Declarant" or Owen.
RECITALS
Owen is the Owner of apprwtimately 84.24 acres of property which is hereinafter referred
to as The Property located in Shallotte■ North Carolina. Owen desires to subject The Property
to the provisions of this Master Declaration and to develop The Property under the pmject name
of Owendon Plantation and to provide for a method for the administration and maintenance of
The Property; and
Owen intends to provide a Club House, Swimming Pool, and Walling, Biking, and Nature
Trails to be owned, operated, and maintained by Owendon Plantation Property Owners
Association. Inc., a non-profit corporation created by the Declarant; for the purpose of owning
the Common Arras and carrying out the maintenance function as contained in this Master
Declaration; and
r
It is anticipated by Owen that the Common Areas shown on the various maps of The
Property subject to this !hater Declaration will be conveyed by Owen to Owendon Plantation
Property Owners Association, Inc.; and
i

-VI,.)„
Owen desires: (1) to provide for the preservation of the values and the amenities in the
community subject to this Master Declaration and for the maintenance, repair. replacement and
administration of the Common Areas and the facilities located thereon and (2) to establish the
classes of persons entitled to use of the Common Areas and their respective rights and obligations
relative to such use and the payment of their respective shares of the costs of maintenance, repair,
replacement and administration.
NOW, THEREFORE, Owen does hereby declare that all of The Property together with
any Additional Property which nuty hereafter be added by amendment to this Declaration shall
be held, transferred, conveyed, occupied and used subject to the following Easements, Covenants.
Conditions, Restrictions, Liens and Charges which shall nm with the title to the real property and
which shall be binding upon all and inure to the benefit of all of the parties having any right, title
or interest in the above described properties, their heirs, successors and assigns.
ARTICLE ONE
DEFINITIONS
The following words when used in this Master Declaration shall have the following
meanings.
"Articles" means the Articles of Incorporation of Owendon Plantation Property
Owners Association, Ipc., a copy of which is attached hereto as Exhibit I.
2. "Assessment" shall mean an Owners share of the common expense or charges as
established by the Association.
3. "Association" or "Property Owners Association" (P.O.A.) shall mean the Owendon
2

0
Plantation Property Owners Association, Inc., a not -for -profit corporation whose purpose is to
administer The Property which is subject to this Master Declaration.
4 "Board" or "Board of Directors" means the Board of Directors of the Association.
5. "Bylaws" shall mean the bylaws of the Association, a copy of which is attached
hereto as Exhibit 2,
6. "Common Areas" shall mean all real and personal property: (a) designated and
shown lu writing and/or on a plat by the FJcclatant as Common Areas; (b) conveyed to the
Association for the use and benefit of the Association; and (c) held by Owen for the benefit of
the Association. Such real property may include for example, roads, driveways, walkways, hike
trails, nature trails. club house, swimming pool. any rights•Df way reserved to the Association,
open spaces (both landscape and natural), lagoons, lakes, or ponds and drainage areas.
Nothing contained in this definition shall limit the type of personal property which may
be owned by the Association and constitute Common Areas.
7. "Common Expenses" shall mean all expenditures made by the Association in
carrying out its duties together with all funds assessed by it for the creation and maintenance of
reserve funds under this Master Declaration.
a. "Declarant" shall mean Owen Ventures, Inc.. a North Carolina Corporation with
offices at Shallotte. North Carolina, its successors and assigns. The Declarant may assign or
pledge any or all of its rights reserved under the land use documents through an assignment or
an instrument of conveyance or assignment.
9. "Double Wide Manufactured Home or "Mobile Home" shall mean a structure,
transportable in one or more sections, which is built in a factory on a permanent chassis and
3

deigned to be used as a dwelling with or without a permanent foundation when connected to the
required utilities, and includes the plumbing. heating, air-conditioning, and electrical system
contained therein.
10. "Modular Home", "Modular Single -Family Residence" or "Modular Single -Family
Detached Residential Building' shall mean a dwelling made up of several pieces (or "modules")
which are manufactured in a factom transported to the building site, and placed on a permanent
foundation.
11. "Site Built Home" shall mean a dwelling that is constnicted on the building site
and is built on a permanent foundation.
12. 'Master Declaration" shall mean this document which includes the Covenants.
Conditions and Restrictions for Owendon Plantation together with all amendments which may
be filed in the office of the Register of Deeds, Brunswick County, North Carolina.
13. "The Property", "Development, or "Project" shall mean the property described in
Deed Book 1058 at Page 964 (Map Cabinet 17, Page 88) of the Brunswick County Registry
together with all improvements located or constructed thereon. 11 shall also refer to any
Additional Property which may hereafter be made subject to this Master Declaration.
14. "Dwelling" shall mean the Single -Family Detached residential building on the Lot.
15. "I.ot" shall mean a space on the earth's surface to be used exclusively for a Single -
Family Detached Dwelling. A parcel of land shall be deemed to be a Lot rather than a Dwelling
until the improvements constructed thereon are sufficiently complete to reasonably permit
habitation thereof. Upon completion of the building. the parcel and the improvements shall
collectively be considered a Dwelling for purposes of this Master Declaration.
4

16. "Member" shall mean every person or entity who is an Owner of a Lot situated
in the Development provided that any such person or entity who holds interest merely as security
for the performance of an obligation shall not be a h1ember.
17. "Occupant" shall mean any person including without limitation any Owner, guest,
invitee, lessee, tenant, renter or family member of an Owner occupying or otherwise using a
Dwelling within the Development.
18. "Owner` shall mean the record Owner, whether one or more persons or entities,
of the fee simple title or contractual equitable title to any Lot in The Project; provided however.
notwithstanding any theory of the mortgage, "Owner" shall not mean or refer to the mortgagee,
unless and until such mortgagee has acquired title pursuant to foreclosure or in any proceeding
in lieu of foreclosure. An Owner is also a Member and these temts may be used interchangeably
in this document.
19. "Person" shall mean a Natural Person, Corporation. Partnership, Association. Trust.
or other legal entity, or any combination thereof
20. "Rules" shall mean any and all regulations of the Association promulgated by the
Beard pursuant to its power under this blaster Declaration or any other land use document.
21. "Supplemental Declaration" shall mean a Declaration filed by Owen or any other
Developer for it series of lots located in the Development establishing Covenants, Conditions and
Restrictions for those particular lots and specifying the type of home required for that phase of
the Development. I
5

t1�1.1966
ARTICLE TWO
PLAN OF DEVELOPMENT
Section 1. THE DEVELOPMENT PLAN- Owen is planning and is in the process of
constructing a Detached Single -Family Residential Subdivision. It is contemplated that the
property will be developed in phases and that each phase will have specific architectural and
space requirements. Any phase may include Modular, Site Built, or Double -Wide Manufactured
Homes, but any one phase shall be limited to only one type of home. 71c specifics will be set
out in a Supplemental Declaration for each phase. The Supplemental Declarations shall be
subordinate to this Master Declaration. Each Supplemental Declaration shall specifically identify,
by lot number and plat reference, which lots are covered by it. The Supplemental Declaration
shall set forth the additional Covenants and Restrictions as ilia Declarant deems appropriate for
such areas, including the type of home to be used in the phase; provided. no provision contained
in the Supplemental Declaration shall be inconsistent with the provisions of this Master
Declaration.
A non-profit Pmpeny Owners Association is being formed simultaneously with this
Master Declaration and it will ultimately own, manage and maintain the Common Arras of the
Subdivision which will include the Clubbouse, Swimming Pool. Walking, Biking, and Nature
Trails. lakes, ponds. and drainage areas. The Propeny Owners Association will collect the foes
necessary to carry ouf these functions in a reasonable manner and in addition, it will have
authority to enforce the provisions of this Declaration.
The construction of ilia Clubhouse, Swimming Pool and Walking. Biking, and Nature
6

U9v;
Trails, which will constitute a part of the Common Areas, will be keyed to the number of
Dwellings in the Development with constntction to commence on all of these items not Iater than
the commencement of construction or placement of the �Dwelling Unit in The Property.
Section 2. THE WATER AND SEWER SYSTEMS: Water is being provided to the
Community by Brunswick County and sewer is being provided to the Community by the Town
of Shaliortc. Water and sewer most be obtained from these sources; however, a private water
well may be used for irrigation of landscaping an the lots, but for no other purpose. Should such
a private well be used for this purpose, its location and housing must by pre -approved by the
Declarant and, after turnover, by the Property Owners Association,
Section 3. NOTICE: Every purchaser of a Lot shall purchase and hold title thereto with
notice of Declarant's Plan of Development as herein set out.
ARTICLE THREE
PROPERTY SUBJECT TO THIS MASTER DEVELOPMENT PLAN
Section 1. APPLICABILITY: This Master Declaration shall apply to the property
described in Deed Book 1058 at Page 964 (Map Cabinet 17, Page 88) of the Brunswick County
Registry. New areas may be added to the subdivision and subjected to this Master Development
Plan by the Declarant rby:
(a) Fling a map showing the perimeter of the area being added together with an
amendment to this Master Declaration incorporating the new area.
(b) Any new area which is added to the Development pursuant to this Article mast be
7

•, , , 5 +� u
located contiguously to The Property presently constituting the subdivision as above described.
ARTICLE FOUR
MUTUALITY OF BENEFIT AND OBLIGATION
77me Restrictions and Agreements set forth herein are made for the mutual and reciprocal
benefit of each and every Lot or Parcel to which these Restrictions are made applicable and are
intended to create mutual. equitable servitudes upon each of said Lots in favor of each and all
of the other Lots therein; to create reciprocal rights between the respective owners of all said
Lots, to create a privity of contract and estate between the grantees of said Lots, their heirs,
successors and assigns. and shall operate as Covenants running with the land for the benefit of
each and all other Lots in the subdivision and their respective Owners.
ARTICLE FIVE
PROPERTY RIGHTS IN THE COMMON AREAS
Section I. OCCUPANTS' EASEMENTS IN THE COMMON AREAS: Subject to the
provisions of Section 3 and any additional provisions of tlris buster Declaration, every Occupant
shall have a permanent and perpetual easement for the use and enjoyment of the Common Areas
and each Easement shall be appurtenant to and shall pass with title to every Lot for the
Occupants of such Lot. Such Easement of Enjoyment shall include, but not be limited to, the
Occupants right of ingfess and egress over the streets. roadways and walkways over the Common
Areas for the purpose of access to the Occupant's lot.
Section 3. TITLE. TO THE COMMON AREAO: 'Ilse Declarant may {but is trot obligated

to) retain the legal title to the Common Areas until it j�:,fpbNVX-,OPAin&i�ertiesa1�� subject to
this Master Declaration_ Notwithstanding any other provision herein, however. the Declarant
hereby covenants for itself, its successors and assigns that it will (not later than the time it has
closed the sale on 90% of its property subject to this Declaration) convey by Warranty Deed, at
no cost to the Association, and the Association for itself, covenants that it will accept a
conveyance of all of the Common Areas free and clear of all liens and encumbrances except for
this Master Declaration.
Section 3. LIMITATION OF OCCUPANTS' EASEMENTS: The rights and easements
of use and enjoyment created hereby shall be subject to the following:
(a) The right of the Association, in accordance with its Articles and Bylaws, to borrow
money for the purpose of maintenance, repair and improvement ai the Common An= and in aid
thereof to mortgage such properties.
(h) The right of the Association to set specific charges for the use and maintenance of
the Common Areas; and
(c) The right of the Association as provided in its Articles and Bylaws to suspend the
enjoyment rights of any Occupant for any period during which any assessment on his Lot
remains unpaid or for a period that may be determined by the Board of Directors for any
violation of this Master Declaration. the Associatiods Articles, Bylaws or published Rules and
Regulations; provided, however, that the right of an Occupant of ingress and egress over the
street% shad not by abrogated; and
(d) The right of the Declarant and the Association to dedicate or transfer all or any part
9

of the Common Areas to any public agency, authority or utility for such purpose; and
(e) The tight of the Declarant. without approval of the Association or any Owner, to add
to or delete part of the Common Areas and to dedicate easements and rights -of -way over the
Common Arras in accordance with the terms of this Master Declaration; and
W The tight of the Association to adopt and enforce, at any time, Rules and Regulations
governing the use of the Common Areas and all facilities situated thereon. Any Rules and/or
Regulations so adopted shall apply. until rescinded or modified. the same as if originally set faith
at length in this Master Declaration.
Section 4. EASEMENT FOR GOVERNMENTAL HEALTH WATER, SANITATION
AND EMERGENCY SERVIt_FS. A non-eaclnsive Easement is hereby granted to the
appropriate governmental authorities and to the appropriate private organizations supplying health,
sanitation, police services and any emergency services such as fire, ambulance and rescue
services, for purpose of Ingress and egress over the Common Areas.
Section S. EASEMENT FOR DECLARANT The Declarant reserves to itself. its
successors and assigns over, th mugh, under. and across the Common Area the right of temporary
roads, utility services and drainage systems as are necessary in its sale discretion for the proper
development and administration of The Project.
Section 6. CHANGES IN BOUNDARIES; ADDITIONS TO DESIGNATED COMMON
AREAS Declatant expressly reserves for itself and its successors and assigns the right to change
10

and realign the boundaries of any designated Common Areas within the Development, and to
make additions thereto.
Section 7. EASEMENTS FOR TILITIES: There is hereby reserved for the benefit of
the Declarant. the Association, any public utility or governmental unit providing services in the
Development, and their respective successors and assigns an Easement upon, over. under and
across (a) all of the Common Areas and (b) all land located within 10 feet of any Lat line, as
shown on all plats of record, for the purpose of installing, replacing, maintaining and operating
all utility lines and drainage channels.
Section g. MATNTENANCE EASE114EiNT: The Declarant reserves for itself and the
Association and their respective agents and employees an Easement to eater upon any Lot for
the purpose of mowing, removing, clearing. cutting or pruning underbrush, weeds, stumps or
other unsightly growth and removing trash therefrom so as to maintain reasonable standards of
health, rare safety and appearance within the Development_ This reservation shall not impose any
duty or obligation upon the Declarant or the Association to perform any such action
Furthermore, the Declarant hereby reserves for Its benefit and that of the Association an
Easement, but not obligation, to enter upon any unimproved portion of any Lco which is located
within thirty (30) feet from the waters edge of any lagoon, pond, water course and waterway,
whether natural or man made, within the Development for the purpose of maintaining such area
and keeping the area clear and free from unsightly growth and trash and the maintenance of
reasonable water quality standard.
11

097�
Section 9. ENVIRONMENTAL EASEMENTS: Declarant reserves for its benefit and
the Association and their respective agents and employees an Easement on, over and across all
Lots for the purpose of taking any action necessary to effect compliance with environmental
rules. regulations and procedures promulgated or instituted by the Board of Directors or by any
Govemmental Entity, such Easement to include. without limitation, the right to implement erosion
control procedures and practices, the right to drain standing water, and the right to dispense
pesticides and herbicides within the Development.
Section I0. ENCROACHMENTS: No encroachment shall be erected upon any pond.
lagoon or other body of water within or adjacent to the Development unless specifically pre -
approved by the Declarant. or the Property Owners Association after Turnover.
ARTICLIZ SIX
MEMiBERSHiP VOTING RIGHTS AND TURNOVER
Sectinn 1. MEMBERSHIEP. Every person or entity who is an Omer of a Lot shall be
a Member of the Association. provided that any such person or entity who holds an interest
merely as security for the performance or an obligation shall not be a Member.
Section _2. VOTING RIGHTS: The Association shall have two (2)'classes of voting
membership.
(a) Class "A"
Class "A" Members shall be all those Owners as defined in Section I of this Article with
the exception of the Declamni. Class "A" Members shall be entitled to one vote for each Lot
12

is tl
in which they hold the interest required for membership by Section 1. When more than one
person holds such interest in any Lot, all such persons shall be Members and the vote for such
Lot shalt be exercised as they among themselves determine, but in no event shall more than one
vote be cast with respect to any Lot. 71te Bylaws may establish procedures for voting when the
title to a Lot is held in the name of a corporation or more than one person or entity.
(b) Class "B"
The Class 'B' Member is the Declarant. The Class "B" Member shall be entitled to three
votes for each Lot in which it holds the interest required for membership by Section 1; provided
that the Class "B' membership shall cease and become converted to Class "A" membership on
the happening of the earlier of any of the following events:
L When the total votes outstanding in the Class "A" membership equal the total
votes outstanding in the Class "B" membership; or
2. At any earlier time that the Declarant, in its sole discretion, voluntarily converts
Its Class "B" to Class "A" membership; or
3. On July 1, 2010, if not sooner converted under (1) or (2).
From and after the happening of the earlier of these events. the Class "B" member shall
be deemed to be a Class A' Member entitled to one vote for each Lot in which it holds the
interest required for membership under Section 1.
Notwithstanding any provision in paragraph (1). (21 or (3) of this subsection (b) to the
contrary, the Declarant shall have the right to appoint the Board of Directors (who need not be
members of the Association) until the occurrence of either of the following events.
(i) Ninety days after the Declarant no longer holds the title to 25% of the Development;
13

or
00 The Declarant relinquishes its right described in clause one of this sentence.
Upon the occurrence of either (i) or (ii) in the preceding sentence, then the existing
members shall be obligated to elect the Board and assume control of the Association.
Section 3. URNOVER: Within ninety (9a) days after the happening of the events
described in paragraph (b) (1). (2) or (3) of section two of this Article Six, the Association shall
conduct a special tneeting of the membership. hereinafter called the Turnover Meeting, for the
purpose of electing officers and directors, provided, however, that so long as the Declarant is
Owner of one Lot governed by the Association, the Declarant shall be entitled to appoint at least
one member to the Board of Directors.
ARTICLE SEVEN
COVENANT FOR ASSESSMENTS
Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF
ASSESSMENTS: Except as hereinafter more fully provided, the Declarant, for each Lot owned
by it (exclusive of the real estate sales office serving the Development) which is subject to this
Master Declaration, hereby covenants and each Owner of any Lot by acceptance of a deed
therefore. whether or not it shall be so expressed in the particular deed of conveyance, shall be
deemed to covenant and agree to pay to the Association: (1) Annual Assessments and (2) Special
Assessments for capital improvements and Other assessments to be fixed, established. and
collected from time to time as hereinafter provided. The Annual and Special Assessments.
together with such interest thereon and costs of collection thereof as hereinafter provided, shall
14

It J
also be the personal obligation of the person who was the Owner of such property at the time
when the assessment fail due. Each Member expressly covenants, by acceptance of a deed, that
liens may be placed against the Owner's Lot for nonpayment of assessments.
Section 2. PURPOSE OF ASSESSMENTS: The assessment levied by the Association
for Common Expenses shall be used exclusively for the general purposes of promoting the
recreation, health. safety. welfare. common benefit and enjoyment of the Owners and Occupants
of the Development and maintaining the Development and improvements therein, all as may be
more specifically authorized from time to time by the Board of Directors. The Compton
Expenses to be funded by the annual assessments may include but shall not necessarily be limited
to the following: (a) management fees and expenses of administration; (b) utility charges for
utilities serving the Common Areas; (c) the cost of insurance Coverage as the Board of Directors
determines to be in the best interest of the Owners, (d) the expenses of maintenance, operation
and repair of the Common Areas as tbese facilities are described in the Definitions Section of
this Master Declaration; (a) any ad valorem or personal property taxes assessed or levied against
the Cwnmon Areas, (f) all expenses associated with providing security services to the
Development; (g) the establishmertt and maintenance of a reasonable reserve fund for
maintenance, repair and replacement of the Common Areas to cover emergency, repairs as a result
of cam allies which are not covered by insurance and to cover unforeseen operating contingencies
or deficiencies arising from unpaid assessments; and (h) such other expenses as may be
determined front time to time by ilia Board of Directors or the Association to be Common
Expenses.
1S

r
Section 3. DATE OF COMMENCEMENT OF 'ANNUAL ASSESSMENTS'- DUE
DATE: ASSESSMENT PERIOD: The Annual Assessment provided herein for Class "A"
Members shall commence upon conveyance of a Lot to a Class "A" Member. Once the
assessment period has commenced, the assessments shall thereafter be due on the first day of
every assessment period as this term is defined in the Bylaws of the Association. There is no
commencement date for assessments for the Class "B' Member.
i
Section 4. BASIS AND AMOUNT OF THE ANNUAL ASSESSMENTS:
The total Annual Assessments shall be divided among the Lots as follows: The Class 'A'
Members shall pay an Annual Assessment. which beginning in the year 1998 (of pro testa part
thereof) shall be $250.OD for each Lot. The Board is granted the right to assess a larger amount
based on the actual casts in carrying out its duties for the year 1999. The Annual Assessments
for each Lot commencing in the year 2000 may be increased in proportion by the greater of 113%
Of the assessment for the previous year or by the percentage increase, if any, for the then current
year in the Consumer Price Index (ALL URBAN CONSUMERS (CPI-U). 1992-1984 = 100, as
published by the U.S. Bureau of Statistics). When the Club House, Swimming Pool, and
Walking. Biking and Nature Trails. which are part of the Common Areas, are added by the
Declarant, the limitation on assessment increase will be waived in order to allow these extra
charges to be included in the annual budget. Once these additional charges are absorbed into the
r
Annual Assessment, the amassment cap shall apply to future years, unless some additional
common facilities requiring adjustment is added, in which evenrthe cap will be waived for the
year of such addition. The cap on assessments shall terminate upon Turnover to the Association
16

as described in Article Six Section III of this Master Declaration.
Until the time of Turnover, the Class "B" Member (Declarant) shall not pay any Annual
or Special Assessment; however, the Declarant shall pay the difference in cost between the sum
of all Annual Assessments collected from Class "A" and the actual cost of operation of the
Association. After Turnover, the Declarant shall be obligated to pay 20% of the Annual
Amr-wrtent on any Lot owned by it. Notwithstanding any other provision to the contrary in this
Master Declaration, the Declarant may at any time continence paying assessments as to Lots
owned by it and thereby automatically terminate its obligation to fund deficits, but at any time
thereafter the Declarant may again elect to follow the procedure specified in the preceding
sentence.
Section S. SPECIAL ASSESSMENTS: In addition to the Annual Assessment authorized
by this Article Seven, the Board may levy in any Assessment Year a Special Assessment,
applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any
construction or reconstruction, unexpected repair or replacement of a described capital
improvement upon the Common Areas including the necessary fixtures and personal property
related thereto, or for other purposes deemed appropriate by the Association.. The due date of
any Special Asses-rnent under this Article shall be fixed in a resolution authorizing such
assessment. The Declarant shall not be obligated to pay a Special Assessment levied on any Lot
owned by it.
17

.l 8
Section 6. CHANGE IN BASIS OF MAXIMUM AMOUNT OF THE ANNUAL
ASSESSMENT: Subject to the limitations of Section 4 and for the periods therein specified, the
Board may change the maximum and basis of the Assessment fixed by Section 4 for any such
period, provided that written notice containing a copy of the newly adopted budget outlining the
Assessment change is sent to all Members at least thirty (30) days in advance .of the effective
date of the adopted change_
Section 7 DUTIES OF THE BOARD OF DIRECTORS: Tice Board of Directors of the
Association sb211 prepare a toster of Members and Assessments applicable thereto which shall
be kept in the office of the Association and shall be open to inspection by any Member. Written
notice of the Assessments for each Assessment Year shall be sent to every Member.
'lire Association shall, upon demand at any time, furnish to any Member liable for an
Assessment a cettiFicate in writing signed by an officer of the Association setting forth whether
the Assessment has been paid. The certificate shall be conclusive evidence of payment of any
Assessment therein stated to have been paid.
Section 8. EFFECT OF NON-PAYMENT OF„ASSESSMENT: THE PERSONAL
OBLIGATION OF THE OWNER: THE LIEN: RFME131ES OF THE ASSOCIATION- LATE
FEES: RESALE CEAFICATE: If an Assessment is not paid on the date when due (being the
date specified in Section 3 and Section 5 hcrcof), then it shalt become delinquent and shall,
together with interest thereon. become a continuing lien on the property which shall bind such
is

property in the hands of the then Owner, his heirs. devisees, personal representatives and assigns.
'Fite personal obligation of the then Owner to pay such assessment, however, shall remain his
personal obligation for the statutory period. Provided, however, unless the Seller obtains from
appropriate officers of the Association at closing a certificate attesting to the fact that all
Assessments are paid and presents such certificate to the purchaser at closing, the purchaser shall
be conclusively presumed to have assumed such past due Assessments and shall also become
forthwith liable therefore. The Owner requesting the certificate shall pay to the Association a
reasonable sum to cover the costs of examining records and preparing the certificate. If the
Amens is not paid within thirty (30) days after its due date. the Assessment shall bear
interest from the date of delinquency at the rate established by the Board of Directors not to
exceed the nmximum legal rate of interest. and the Association may bring an action at law
against the Owner personally obligated to pay the outstanding Assessment and/or bring an action
to foreclose the lien against the Property; and there shall be added to the amount of such
Assessment all costs of collection, including, but not limited to, the cost of preparing and filing
the complaint in such action, the cost of any and all attorneys' fees incident to collection whether
or not suit is brought, including auomeys' fees on appeal. In the event a judgment is obtained,
such judgment shall include interest on the Assessments as provided above and a reasonable
attorneys' fee to be fixed by the Court, together with costs incident to the action.
In addition to the foregoing remedies. the Hoard of Directors may assess a "late Fee" of
ten percent (10 0). compounded annually, on the delinquent Assessment fCii each Annual or
Special Assessment which is more than ten (10) days delinquent, for the purpose of helping to
3.9

defray collection costs.
Section 9. SUBORDINATION OF THE LIEN TO MORTGAGES: The lien far the
Assessments provided for in this Declaration shall be subordinate to the lien of any mortgage
now or hereafter placed upon an Owners property subject trs assessment unless such Assessment
is secured by a Claim of Lien that is recorded prior to the recording of such mortgage.
ARTICLE EIGHT
MAINTENANCE
Section I. OWNERS RESPONSIBILITI& , Maintenance and repair of Lots, together
with all improvements thereon and all lawns, landscaping and grounds shall be the responsibility
of the Owner. Each Owner shall maintain his Lot in a neat, clean and sanitary condition. Such
responsibility shall include the maintenance and care of all exterior surfaces of all Dwellings and
other structures as well as lawns, trees, shrubs, hedges, grass and other landscaping. Each Owner
shall also be obligated to pay for any costs incurred by the Association for carrying out this
responsibility if the Owner fails reasonably to do so. Except for the Declarant, no Owner Am11
decorate, change or otherwise alter the appearance of any portion of the exterior of any Dwelling
or the landscaping, grounds or other improvements unless such decoration, change or alteration
is first approved in writing by the Property Owners Association.
r
Section 2. ASSOCIATION RESPONSIBILITIES: Unless otherwise provided, the
Association shall maintain and keep in good repair the Common Areas, including any
improvements or structures located thereon. No diminution or abatement of assessments, fees
20

or charges, however, shall be claimed or allowed by any Owner by reason of any alleged failure
of the Association to take some action or to perform some function required to be taken or
performed by it under this Declaration.
In the event the Board determines that any Owner has failed or refused to carry out his
duties under this Article, the Association may take such action as is necessary to restore the
property to the conditions required under this Article. Entry upon any property for this purpose
r
by the Association, its agents or employees shall not be deemed a trespass. Etteept In emergency
situations, however, the Association shall give such Owner fifteen (15) days notice prior to its
wary on the premises to perform such work. This tight in favor of the Association shall not,
however, impose any obligation upon the Association to undertake any particular corrective
action. In the event the Association does, however, take any corrective action as regattas any
property, the Owner thereof shall promptly reimburse the Association for all costs and expenses
incurred in such corrective action.
ARTICLE NINE
INSURANCE AND CASUALTY LOSSES
Section 1. PROPERTY AND CASUAL7Y_1N5URANCE: Property and casualty
insurance on the Common Areas shall be maintained through the Association is an amount equal
to the maximum insrirable value thettrof. The Association shall also purchase such other
insurance as may be necessary on the Common Areas for the purpose of properly protecting the
Association. The Association may also purchase liability insurance cnvering the Association's
Directors and Officers.
21

Section 2. PREMIUMS: The premiums for all insurance policies purchased by the
Association shall be deemed to be general expenses of the Association and shall be paid by the
Members through the Annual Asmms+ents as provided in this Declaration.
Section 3. DAMAGE OR DESTRUCTION TO COMMON AREAS: Should any part
of the Common Areas be damaged or destroyed, the Association shall cause it to be repaired or
replaced if the insurance proceeds, together with available reserves, are sufficient to do so. if
the Board determines that these funds are insufficient and, therefore, a Special Assessment is
necessary to complete the repair or replacement, then the Members of the Association shall be
given notice of the amount of the Special Assessment and an opportunity to vote on the question.
The Special Assessment shall be imposed by the Board unless 60% of the total Association
membership votes against the imposition of such Special Assessment.
ARTICLE TEN
CONDEMNATION
CONDEMNATION OF COMMON AREAS: Should any portion of the Common Areas
be taken through eminent domain or conveyed by deed in lieu of condemnation by the
Association, the award of proceeds made or collected by the Association shall be disbursed or
held as follows; (a) to the extent practical, in the discretion of the Hoard, the funds shall be used
for the replacement o, the condemned facility on some other part of the Common Area; (b) if
replacement at some other location within the Common Area is not feasible. then these funds
shall be added to the reserves held by the Association; or (c) should the Board deem the funds
not necessary for addition to the reserves, then these funds shall be disbursed on a pro-rata basis
22

to the Membership of the Association.
ARTICLE ELEVEN
ADMINISTRATION OF THE CONINION AREAS
Section 1. MANAGEMENT. The Association, subject to the rights of the Declarant and
the rights and duties of the Owners as set forth in this Declaration, shall be responsible for the
exclusive management and control of the Common Areas and all improvements Iocated thereon.
Sec ion 2. DUTIESANDPOWERS: The duties and powers of the Association shall be
those set forth in (a) Chapter 55A of the Notch Carolina General Statutes as it applies to non-
profit corporations, (b) this Declaration, (c) the Bylaws and (d) the Articles of Incorporation of
this Corporation. Should there be conflicts or inconsistencies between any of these documents
then the order of authority shall be the General Statutes, this Declaration, the Articles of
Incorporation and the Bylaws. Notwithstanding any other provision in this Master Declaration
to the contrary, as long as the Declarant shall own any Lot in the Development, the Association
shall not, without the consent of the Declarant. borrow money or pledge, mortgage, or
hypothecate all or any portion of the Common Areas,
Section 3. AGREEMENTS: All agreements and actions lawfully authorized by the Hoard
of Directors shall be binding upon all Owners, their heirs, successors and assigns. The
Association may perform its duties and responsibilities through its Hoard of Directors and further
shall have the authority to delegate to persons of its choice such duties as may be determined by
the Board of Directors to be expedient. The Board shall have ti►e power to employ such
23

managers. agents and employees as necessary in its discretion to carry out its functions under this
Declaration. In addition, the Association may pay for and the Board of Directors may hire and
contract for such legal, accounting and other professional services as are necessary or desirable
in connection with the operation of the Development or enforcement of this Declaration or the
Bylaws or the Rules and Regulations of the Association.
Section 4. RESTRAINT ON TRANSFER: lire shares of the Owners in the funds and
assets of the Association cannot be individually assigned, hypothecated or transferred in any
manner except to the extent that a transfer of ownership of a Lot also transfers the membership
in the Association which is an appunenance to such Lat.
Section 5. RULES AND REGULATIONS: The Association, acting through its Board
of Directors, may make and enforce reasonable rules and regulations governing the use of the
Lots and Conurton Areas. These ntles and regulations shall be consistent with the rights and
duties established by this Declaration.
ARTICLE TWELVE
ARCHITECTUTtAL AND LANDSCAPING STANDARDS
Architectural and Landscaping Standards as applied to each phase shall be contained in
the Supplemental Declaration for that phase; however, the following zrilcirnurn standards shall
apply in all phases:
1. A front yard setback of not less than 20 feet;
24

.y _-
{'i1J
2. A rear yard setback of not less than 20 feet, with the exception of Lots 1-4 and 57-60
inclusive in Phase 1 and Lots 62-64 inclusive in Phase II shall have a minimum setback line of
30 feet;
3. A minimum side yard setback of 8 feel; and
4. Them shall be a minimum of a 10 feet vegetation buffer along all perimeter lots which
are Lots 1-3. 5-9, 14-27 and 57-60 inclusive in Phase 1, Lots 62-78 inclusive in Phase II. Lois
BS-163 and 174 in Phase III and Lots 175-181 in Phase IV.
11
ARTICLE THIRTEEN
GENERAL PROHIBITIONS
Section 1. TEMPORARY STRUCTURES: No temporary house, trailer, tent, garage, or
other building shall be placed or erected on any Lot or Parcel, provided. however. that the
Association may grant permission for any such temporary structure for storage of materials
during construction. No such temporary structure as may be approved shall be used at any time
as a dwelling place.
Section 2. COMPLETION OF STRUCTURES: Once construction or improvement is
started on any Dwelling, it must be substantially completed in accordance with the plans and
specifications as approved within six (6) months from the date of ctnnmencement.
r
Section 3. PETS: No animal. livestock, bird, or poultry of any kind may be raised, bred,
or kept on a Lat. However, a reasonable number of generally recognized house pets tray be kept
25

.:l • 1 1 1 t l i I. i `i ��
subject to rules and regulations adopted by the Association through its Board of Directors. Such
house pet ar pets must be kept solely as domestic pets. No pet shall be allowed to snake an
unreasonable amount of noise or to become a nuisance. Upon written request of any Owner of
a Lot, the Board of Directors of the Association may conclusively determine, in its sole and
absolute discretion, whether, for purposes of this Section 3, a particular pet is a generally
recognized house pet or if such pet is a nuisance. The Board shall have the right to require the
Owner of a particular pet to remove it from Tice Property if it is found to be a nuisance or in
violation of this restriction. The Board shall have the further right io fine any Owner of a Lot
(not to exceed $50.00 per violation) for the violation of these restrictions by himself or any
Occupant of his Lot. All Lot Owners shall be liable to the Association for the cost of repair of
any damage to the Cbmmon Area caused by the pet of such Owner or of an Occupant of such
Ownees Lot. Any such fine or cast of repair shall be added to and become a part of any
assessment next coming due against the Lot under the Master Declaration.
Section a. STORAGE RECEPTACLES: Every fuel storage tank and receptacles for
asl=, lash, rubbish or garbage shall be buried below the surface of the ground or screened to
the satisfaction of the Declarant and, after Turnover, the Property Owners Association.
Section 5. MAINTENANCE OF UNOCCUPIED LOTS: All unoccupied Lots shall be
well -maintained and no unattractive growth or accumulation of rubbish or debris shall be
pennitted. All unoccupied Lots shall, at a minimum, be mowed or bushhogged at least once
during the period commencing with September I and ending with October 15. Should the Owner
26

.IL 1 � •J I i • •1� `� j l�
of a Lot fail to mow or bushhog his Lot as required, the Association is hereby granted the right
to enter the Lot and perform this work. IMe cost of such work shall be paid to the Association
by the Owner. Any such cost shall be added to and become a part of any assessment next
coming due against the Lot under the Master Declaration.
Section 6. OFFENSIVE AND ILLEGAL ACTIVITIES: No noxious, offensive or illegal
activities shall be carried on within the Development nor shalt anything be done that shall be or
become an unreasonable annoyance or nuisance. '
Section 7. REPAIR OR REMOVAL OF DINGS: Any building which may be
destroyed in whole or in part by fire, windstorm or from any other cause or act of God must be
rebuilt or all debris removed and the Lot restored to a sightly condition with reasonable
promptness; provided, however, that in no event shall such debris remain longer than three (3)
mantim
Section H. OUTSIDE BURNING: No outside burning of wood, leaves, trash, garbage,
or household refuse shall be permitted, except in accordance with a validly issued burning permit
from Brunswick County and the Declarant or the Association.
Section 9, DIbSION OF LOTS: Prior to conveyance, the Declarant may change lot
boundary lines as it deems expedient. Thereafter, no Lot sltall,be subdivided or its boundary
lines changed by its Owner except with the written consent of the Declarant, or the Property
27

Owners Association, after Turnover. The Declarant may also create a modified Lot by the sale
of two or more adjacent Lots to one party, followed by the construction thereon of a Dwelling
Unit in such a manner as to require the total Lots to he treated as one modified Lot in order to
meet the set back and side line requirements without the necessity of replatting. The Restrictions
and Covenants herein apply to each Lot so created.
Section 10. MOTOR VEHICLES AND NOISE LEVEL: No motorcycle or motorbike
shall be used on the streets except for the purpose of coming to or from the state highway to a
particular Lot. No dirt bike, go-cart, or similar vehicle may be used within the Development at
all under any circumstances. All molar vehicles operated in the Development shall have quiet
mufflers. Further, no person shall operate any motor vehicle in the Development unless he holds
a valid drivels license. There shall be no outside storage or parking upon any Lot or the
Common Arras within The Property of any motor home, trailer (either with or without wheels),
tractor or truck (other than private standard size pick-up trucks). or boat. No Owner shall repair
or restore any motor vehicle or boat of any kind on or within any Lot or other portion of The
Property, except (a) within enclosed garages, or (b) for emcrgcncv repairs. and then only to the
extent accessary to enable the movement thereof to a proper repair facility.
Section I i. ADDITIONAL RULES: The Declarant, until Turnover, and thereafter the
Board of Directors of the Association. may establish such additional rules and regulations as may
be deemed for the best interest of the Owners in the subdivision:
28

lull 1 !, •� n _ ^'• �� -• �•
� ti J U
Section 12. SIGNS: Except as permitted in Section I4 of this Article and except as may
be required by legal proceedings, no signs or advertising posters of any kind (specifically
including for sale or for rent) shall be maintained or permitted on any Lot or any improvements
lomted on any Lot within The Property.
Section 13. ANTENNAS: No satellite antenna, off -the -air television antenna. or
multipoint distribution service antenna of more than forty (40) inches in diameter shall be
allowed or placed on any Lot. Satellite antennas, off -the -air televisions antennas. and muldpoint
distribution service antennas of forty (40) inches or less in diameter shall be placed or screened
so they will not be visible from the street and, to the extent possible, from adjoining properties.
Such devices shall comply with such additional reasonable architectural guidelines adopted by
the Declarant. or the Association, after Turnover. These rules may not be used to prevent.
unreasonably delay or unreasonably increase the cost of antenna installation, maintenance or use,
or preclude reception of an acceptable quality signal, in violation of the Telecommunications Act
of 1996.
Section 14_ SALES AND CONSTRUCTION AenyITIES: The Declarant, its agents,
employees, successors and assigns may maintain such Facilities and carry on.such activities as
may be reasonably convenient or incidental to the completion, improvement and sale of Lots
within the Development Including. without limitation, the right to install and operate construction
trailers, sales offices, sighs and model Dwellings. The right to maintain such facilities and carry
on such activities shall include the right to use Dwellings as models and to use any Dwelling as
29

an office for the sale of Lots and related activities.
ARTICLE FOURTEEN
ENFORCFINENT
Section 1. USE: No Lot subject to this 164aster Declaration shall be used except for
residential purposes unless otherwise allowed herein.
Section 2. RULES AND REGULATIONS: The Board of Directors is specifically
granted the power to pass rules and regulations for the purpose of enforcing this Declaration.
Section 3. INVALIDATION; Invalidation of any one or more of these covenants or
restrictions by judgment or court order shall in no wise affect any other provision, which shall
remain in full force and effect.
Section 4. PRIORITY OF LAND USE DOCUMENTS- This blaster Declaration shall
take precedence over conflicting provisions in the Articles of Incorporation or the Bylaws of the
Association and the Articles shall take precedence over the Bylaws.
Section S. DUAAT1ON: This Master Declaration shall affect and run with the land and
shall exist and be binding upon all parties and all persons claiming under them until December
31, 2020, and shall continue in full force and effect thereafter until a majority of the Owners
have, by written vote. agreed to amend or terminate them.
30

i
Section 6. -AMENDMENT: The Declarant may not unilaterally make any amendment
or modification to this blaster Declaration which will change or alter the Plan of Development,
T}te Declarant, however, reserves for itself before Turnover and, thereafter, the Association, the
right to make an amendment or modification which will not affect the Plan of Development.
Should any such modification or amendment, however, attempt to change or alter the Plan of
Development, such modification or amendment shall be null and void. Further, this right to
amend by the Declarant or the Association shall not render these Covenants or Restrictions purely
personal to the Declarant and the benefits and burdens shall remain mutual and reciprocal to all
Ownets.
The Plan of Development may only be altered, modified, or changed by a written
document executed by the Declarant together with the owners of a majority of the Lots then
owned by persons other than the Declarant and will only become effective upon recordation in
the Brunswick County, North Carolina, Public Registry.
Section 7. ENFORCEMENT -- GENERAL Failure of an OwnerlOccupant to comply
with a provision of this blaster Declaration or a provision in the Bylaws. Articles of
Incorporation or Rules and Regulations of the Association shall provide the Association with the
right to bring legal action at law or in equity, including, but not limited to, an action for
injunctive relief, damages, or a combination thereof against the Owner. All costs and expenses
incurred by the Association in terminating or resolving a violation of this Declaration. inclusive
of attorneys' fees (whether or not litigation is instituted) and Coup cons shall be the
31

vii+ 92
responsibility of the Owner determined by the Association to be in violation. Collection of such
atlameys' fees, costs and damages may be enforced by any method described in this Master
Declaration providing for the collection of Annual Assessments, or by civil action to collect the
debt.
Section 9. -INTERPRETATIONS In all cases, the provisions of this Master Declaration
:shall be construed together and given that interpretation of construction which, in the opinion of
the Declarant or the Board of Dirtetors, will best effect the intent of the general Plan of
Development. The provisions of this Master Declaration shall be given full force and effect
notwithsianding the existence of any zoning ordinance or building codes which are less
restrictive.
Section 9. .3EVERABILITY: Whenever possible, each provision of this Declaration shall
be interpreted in such a manner as to be effective and valid; however, if the application of any
provision to any person or property shall be prohibited or held invalid, such prohibition or
invalidity shall not affect any other provision or the application of any provision which can be
given effect without the invalid provision or application and to this end, the provisions of this
Declaration are declared to be severable.
Section 10, 140 TRESPASS: Whenever the Association or the Declarant and their
respective successors, assigns, agents or employees are permitted by this Declaration to enter
upon or correct, repair, clean, maintain, preserve or do any other action within any portion of the
kka

t r'
Development, the entering thereon and the taking of such action shall not be deemed a trespass.
Section 11_ NQInCES: Notices required under this Declaration shall be in writing and
shall be delivered by hand or sent by United States Mail, postage pre -paid. All notices to
Owners shall be delivered or sent to such address as has been designated in writing to the
Association or, if no such address has been so designated by the Owner, at the address of the
Owner's Lot. All notices to the Declarant shall be delivered or sent to the Decimaurs train off ce
in Brunswick County, North Carolina or to such other address as the Declarant from tirne to time
may notify the Association.
ARTICLE FIFTH
WORKING CAPITAL CONTRIBUTION
At the closing, each Class A" Member shall make a $IOO.OD per Lot contribution to the
working capital of the Association. This initial contribution is not a pre -payment of the regular
motthly or Annual Assessment.
ARTICLE SIXTEEN
CONSTRU 'PION
When construing these Covenants and Restrictions, the parties agree that they shall be
construed as beneficial community rules and that any ambiguity shall be resolved in favor of
liberal enforcement by the Courts.
33

-• n- n • 1' t 4 t.
IN WITNESS WHEREOF, this Master Declaration together with Covenants. Conditions,
and Restrictions has been signed and executed by the Declarant the day and year first above
written.
v
+Se;.reta'ry.-Treasurer
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
OWEN VENTURES, INC.
By:
Owen, Press ent
1. 1� A +r,,ds bw, Notary Public do hereby certify that'j->a.,, A IDc.Wq
personally came before me this day and acknowledged that he is Secretatyfrreasurer of Owen
Ventures, Inc., a North Carolina Corporation, and that by authority duly given and as the act of
the corporation, the foregoing instrument was signed in its name by its President. sealed with its
corporate seal and attested by him as its Secretary/Treasurer.
WITNESS my hand and official seal this the L day of 1998_
Notary Public
My Commission Expires: p-10 ;1 .Ht
_2-21z- 71r oosi '
STATE OF NOR7I71 CAROLINA
COUNTY OF 11RUNSWICK r
Thel'ongoing(urannexed)Ccrtificrte(s)ofrC� lJ`
Nolarycies) Public is (arc) Certified to be Correct.
This Instrument was filed for Registration on this Day of
in the Hook and Page shown tin the First 12agc hcrco. .
ROBER J-ROBII ON Registernt

Exhibit 1
STAB of I
NORTH -Department of The
CAROLINA Secretary of State
To all whom these presents shall come, Greetings:
j, ELAIIYE+; Secretary of State of the State
of North Carolina. do hereby certify the following and herein
attached to be a trite copy of
ARTICLES OF INCORPORATION
OF
OWENDON PLANTATION PROPERTY OWNERS ASSOCIATION. INV
the original of which was {fled in this office on the 29th day of
June. 1998.
JN 1P77?MW WHBRSOF. I Nacre hereaato sir nsr
hand and affixed ray official sent, of the Vti v ill
Raleigh, this 29th day of June, 1998.
5ecrempy of State

0
F LED
ij lit J.
1.1J
ARTICLES OF INCORPORATION AllIft
OF EFf E-1ANE
5ECRETAWOFSTA7E
OIVYENDON PLANTATION PROPERTY OWNERS ASSOCIATION, INC. W RTHCAR"A
ilia undersigned, acting as incorporator of a non-profit corporation under Chapter 55A
of the North Carolina General Statutes, does hereby adopt the fallowing Articles of incorporation
for such corporation.
ARTICLE I
NAME ,
The name of the corporation (hereinafler called the Association) is OWENDON
PLANTATION PROPERTY OVPNERS ASSOCIATION, INC.
ARTICLE II
PURPOSE
Tile primary purposes for which the Association is formed is to carry out the functions
as set nut for the Association in the Master Declaration of Covenants, Conditions, Restrictions
and Reservations for Owendon Plantation.
ht furtherance of such purposes, ilia Association shall have the power to:
(a) Perform all duties and obligations of ilia Association as set forth in the Master
Declaration for Owendon Plantation Property Owners Association, Inc. applicable to the
development and to be recorded in the Public Records of Brunswick County, North Carolina;
(h) Affix, levy, collect, and enforce payment by any lawful means of all charges and
i
asscsshncnts pursuant to the terms of the Master Declaration and pity all expenses in connection
therewith, and all office and other expenses 1ncidetrtal to the' conduct of the business of the
Association+ including all licenses, taxes or governmental charges levied on or imposed against
1

the property of the Association;
(c) Acquire (by gift. purchase or otherwise), own, hold and improve, build upon, operate,
maintain, convey, sell. tease. transfer. dedicate to public use, or otherwise dispose of real and
personal property in connection with the affairs of the Association;
(d) Borrow money and, subject to the consent by vote or written instrument of 55% of
each class of members. mortgage, pledge, convey by deed of trust, or hypothecate any and all
of its teal or personal property as security for money borrowed or debts Incurred;
(e) Dedicate, sell, or transfer all of any part of the common areas to any municipality.
public agency, authority, or utility for such purposes;
(f) Have and exercise any and all powers, rights, privileges that a non-profit corporation
organized under Chapter 55A of the North Carolina General Statutes by law may now or
hereafter have;
(g) Retain a management entity to perform any of the services or duties set forth above
or in the Declaration.
'fhe Association is organized and shall be operated exclusively for the purposes set forth
above. 'the activities of the Association will be financed by assessments against members as
provided in the Declaration. and no pan of any net earnings of the Association will inure to the
benefit of any member.
ARTICLE III
r WMAT10111
Tire period of duration of the Association shall be perpetual.
2

ARTICLE IV LIK 12 3 F; TG 0 5 9 u
NAME OF INCORPORATOR
The name and mailing address of the incorporator is:
Mason H. Anderson
P. 0. Box 345
$hallotte, NC 28459
ARTICLE V
AI&NAGEINENT
The affairs of the Association shall be managed by a Board of Directors; a President and
a Vice President. Prior to turnover as defined in the Master Declaration, she 13natd of Directors
will be appointed by Owen Ventures. Inc., the Developer of Owendon Plantation. Neither the
officers or the directors need be members of the Association. After tumover, both the officers
and directors must be members of the Association (or an officer of any corporate member). The
officers shall be elected at the first meeting of the Hoard of Directors each year.
The names of the officers who are to serve until the first election are:
Name Oliice
Donald A. Owen President
Charles Hudson Vice -President
Kerry Owen 5ecretaryfrreasurer
ARTICLE VI
INITIAL BQARD OF DIRECTOR$
'The number of persons constituting the first Board of Directors of the Association shall
be three (3); and thereafter, the membership shall consist of not more than rive (5). The names
3

0
iK 1 2 3= :'I: 0 9 9 9
and addresses of the persons who sltali serve as Directors until the first election are:
Name Addresses
Donald A. Owen P. O. Box 204
Siler City, NC 27344
Charles Hudson P O. Box 204
Siler City. NC 27344
Kerry Owen P. O. Box 204
Siler City, NC 27344
ARTICLE V11
BYLAWS
'Fie initial Bylaws shall be adopted by tite Board of Directors. Thereafter. the Board of
Directors shall have the power to alter, amend, repeal or adopt new Bylaws provided such action
and the resulting Bylaws are not inconsistent with the Articles of Incorporation or the Master
Declaration.
ARTICLE V11I
These Articles may be amended at any annual meeting of the Association. or at any
special meeting duly called and held for such purpose, on the affirmative vote of a majority of
cacti class of voting members existing at the time of, and present in person or by proxy at such
meeting. 7'lie procedure for proposing an amendment shall be as set out in N.C.G.S. Section
S5A-10-[31.
ARTICLE IX
MEMRERSIIIP AND VOTING RIGHTS
Section 1. hiemhershi : Every person or entity who is an owner of a Lot or Dwelling
4

I23S Pi; GGl�
subject to the Master Development Plan shall be a member of the Association, provided that any
such person or entity who holds an interest merely as security for the performance of an
obligation %hail not be a member.
Sectinn 2. Voting Right: The Association shall have two classes of voting membership:
(a) Class "A"
Class "A" Members shall be all those Owners as defined in Section 1 of this Article with
the exception of the Declarant. Class "A" Members shall be entitled to one vote for each Lot
or Dwelling Unit in which they hold the interest required for membership by Section I. When
more than one person holds such interest in any Lot or Dwelling Unit, all such persons shall be
members and the vote for such Lot or Dwelling Unit shall be exercised as they among
themselves determine, but in no event shall more than one vote be east with respect to any Lot
or Dwelling Unit. Tltc Bylaws may establish procedures for voting when the title to a Dwelling
Unit or Lot is held in the name of a corporation or more than one person or entity.
{It} Class OR'
(i) 'Ibe Class "B" Member is the Declarant. 'lire Class "B" Member shall be entitled to
three- votes for each Lot or Dwelling Unit in which it holds the interest required for membership
by Section 1; provided that The Class "B" membership shall cease and become converted to
Class "A" membership on the happening of the earlier of any of the following events:
1. When the total votes outstanding in the Class "A" membership equal the total
t
votes outstanding in the Class '13" membership; or
2. At any earlier time that the Declarant, in its soTe discretion, voluntarily converts
its Class "B" membership to Class "A" membership.

:�il2 i i�i�lril7�
3. On July 1, 2010, if not sooner converted under (1) or (2).
From and after the happening of the earlier of these events, the Class "13" Member shall
be deemed to be a Class "A" Member entitled to one vote for each Lot or Dwelling Unit in
which it holds the interest required for membership under Section 1.
ARTICLE X
DISPOSITION OF ASSETS ON DISSOLUTION
On dissolution, the assets of the Association shall be distributed to an appropriate public
agency to be used for purposes similar to those for which the Association was created. In the
event such distribution is refused acceptance, such assets shall be granted, conveyed, and assigned
to any nun -profit corporation, association, trust, or other organization organized and operated for
such similar purposes.
ARTICLE X1
INITIAL REGI�'TERED AGENT
773e address of the initial registered office of the Association is Owen Ventures, 50
Ellington Road. Chatham County, Siler City, NC 27344, and the Initial Registered Agent of the
Association is Donald A. Owen at such address.
ARTICLE XII
PRINCIPAL OFFICE
71ic address of the principal office of Cite Association is 50 Ellington Road. Chatham
County, Siler City. NC 27344,
t ARTICLE X11I
EFFECTIVE DATE
The effective date of this corporation shall be upon filing with the Office of the Secretary
of State of North Carolina.
6

RK 1 238 IT 1002
ARTICLE XIY
INDEMNIFICATION OF DIRECTO
Each Director and Officer of this Association shall be indetnttified by the Association
agairisl all costs and expenses reasonably incurred or imposed upon him in connection with or
arising out of any action. suit or proceeding in which he may be involved or to which lie ntay
be made a party by reason of his having been a Director or Officer of this Association, such
expense to include the cost of reasonable settlements (other than amounts paid to the Association
itself).
IN WITNESS WHEREOF, the undersigned incorporator has executed these Articles of
Incorporation on this6! -day of , 1998.
(Seat)
i+~ n H. Anderson
i1 } `?itT-1-V
STATE OF NORTH CAROLINA
COUNTY ��OpF BRUNSWICK
1. f1}�1LlQ- ig . 2661-4 fi. Notary Public, do hereby certify that MASON H.
ANDERSON personally appeared before me this day and acknowledged the due execution of the
foregoing instrument for the purposes therein set forth.
WITNESS my hand and official seal this th ay of+ „L' 1998_
My Commission Expires:
Notary Public
7

Exhibi r 2 ;`1K 12 1 o; 'G 10 0 3
BYLAWS OF
OWENDON PLANTATION PROPERTY
OWNERS ASSOCIATION, INC.
A Non-Pmfit Corporation
ARTICLE I
Name and Location
NAME AND LOCATION: The frame of the Corporation is Owendon Plantation
Property Owners Association, Inc. The principal office shall be located at Owendon Plantation.
North Carolina, but meetings of Members and Directors may be held at such places within the
State of North Carolina as may be designated by the Board of Directors.
ARTICLE 11
A'IEETINGS OF MEMBERS
Section 9: ANNUAL MEETINGS: The first annual meeting of Members shall be held
within ninety (90) days after Turnover of the Association by the Declarant. Subsequent annual
meetings shall be held on the same day of the month of each year thereafter at the hour of 2:00
o'clock P.M. If the day for the annual meeting is a legal holiday, the meeting will be held at the
same hour on the next clay which is not a legal holiday.
Sectign 2-- SPECIAL MEETINGS: After Turnover, special meetings of Members may
be called at any time by the President or by two (2) Members or the Board of Directors or upon
written request of Members who are entitled to vote fifty-one (51 %) of all votes of the
membership.
1

Section 3: NOTICE OFMEETINGS- Written notice of each meeting of Members
shall be given by, or at the direction of, the Secretaryjrreasurer or other person authorized to call
the meeting, by mailing a copy of such notice, postage prelmid, at least fifteen (IS) days. but net
more than tinny (30) days, before such meeting to each Member entitled to vote thereat,
addressed to the Members address last appearing on the books of the Association, or supplied
by such member to the Association for the purpose of receiving notice. Such notice shall specify
the day, hour and place of the meeting and in lite case of a special meeting, the purpose of the
meeting.
Seclinn 4: QUORUM; The presence at the meeting, in person or by proxy. of Members
entitled to cast 25% of the votes of the membership shall constitute a quorum for authorization
of any action, except as may otherwise be provided in the Declaration, the Articles of
Incorporation, or these Bylaws. if a quorum is not present at any meeting, the Members entitled
to vote thereat shall have the power to adjourn the meeting from time to time, witliaut notice
other than announcement at the meeting, until a quorum is present.
Sec -an 5: PROXIES; At all meetings of Members, each Member may vote in person
or by proxy. All proxies shall be in writing and Filed with the Secrelarymeasurer. Proxies shall
he revLvable, and the proxy of any Owner shall automatically terminate an conveyance by him
of his property subjeetrto the aESEcSITIent.
2

11
ARTICLE III
hA !
HOARD OF DIRECTORS: TERN] OF OFFICE; REMOVAL
Sectinn 1: NUMBER: 77te affairs of the Association shall be managed by not lew than
two (2) nor more Man five (S) Directors. prior to Turnover as described in ilia Master
Declaration. the Directors shall be appointed by Owen Ventures, Inc.; after Turnover, they shall
be duty elected by the Members of the Association from among the Members.
SLctitm 2: TERM OF OFFICE: Prior to Turnover. Directors shall serve at the pleasure
Of Owen Ventures, Inc.; after Turnover, they shall serve one (1) year terms and until their
successors are duly appointed or elected, as the case may be.
Sectinn 3: REMOVAL: After Turnover, any Director may be removed from the Board.
with or without cause, by a majority vote of the Members of the Association. in the event of
death, resignation, or removal of a Director, his successor shall be selected by the remaining
Members of the Board and shall serve for the unexpired term of his predecessor.
ARTICLE IV
BOARD OF DIRECTORS; MEETINGS
Sectinn 1: REGULAR MEETINGS: Regular meetings of the Board of Directors shall
be held annually, at such place and hour as may he fixed from time to time by resolution of the
Board.
3

0
Section 2: SPECIAL A?EETINGS: Special meetings of the Board of Directors shall
be held when called by the President of the Association. or by any two (2) Directors, after not
less than three (3) days notice to each Director.
Section 3: QUORUM: A majority of the Directors shall constitute a quorum for the
trtns;ictinn of business. Every act performed or decision made by a majority of Directors preftnt
at a duly held meeting in which a quorum is present shall constitute the act or decision of the
Board.
ARTICLE V
BOARD OF DIRECTORS; POWERS AND DUTIES
Section I: POWERS: The Board of Directors shall have the power to:
(a) Adopt and publish rules and regulations governing the use of the Common Areas and
facilities including the personal conduct of the Members and their guests thereon, to establish
penalties for infractions of such rules and regulations.
(h) Suspend the voting rights and right to use of the Common Areas of any Member
during any period in which such Mernber is in default in the payment of any assessmen: levied
by the Associat:on. Such rights may also be suspended after notice and hearing, for a period not
to exceed thirty (30) days for infraction of published rules and regulations.
W Exercise on behalf of the Association, all powers, duties and authority vested in or
delegated to the Association and not specifically reserved to the membership by the Declaration.
Articles of Incorporation, or by other provisions of these Bylaws.
4

Ll
- *I ? J A i�il 1 l) V 1
(d) HUnploy a manager, independent cntnractnrs_ and such other errtployeee as they tray
deem rieceswry. and to prescribe their duties.
Section 2: DUTIF,S: It shall be the duty of the Board of Directors to:
(a) Supervise all officers. agents, and employees of the Association and see to it that their
duties are properly performed;
(b) I=tx the amount of the annual assessment against each Lot or Dwelling. ;n advance
of each annual assessment period;
(c) Send written notices of each assessment to every Owner subject thereto in advance
of each assessment period; and
(d) trnreclose the lien against any property for which assessments are not paid within
thiny (30) days after the due dale, or to bring an action at law against the Owncs personally
obligated to pay the same;
(e) Issue, on demand of any person, a certificate setting forth whether or not any
assessment has been paid. 71te Board may impose a reasonable charge for the issuance of such
certificates,
(0 Procure and maintain liability and hazard insurance on all property owned by the
Association as it may deem appropriate;
(g) Cause all officers or errtplayees having fiscal responsibilities to be bonded, as it may
deem appropriate; r
(h) Cause all property owned by ilia Association to be maintained-
5

ARTICLE VI
OFFICERS AND THEIR DUTIES
Section .1: ENUMERATION OF OFFICE& The officers of the Association shall be
a President and Vice President, who shall at all times be members of the Board of Directors. and
a Secretary/Treasurer and such other offices as ilia Board may from time to time by resolution
create.
.
Sectinn 2• ELECTION OF OFFICERS: The election of officers shall take place at the
organizational meeting of each new Board of Directors as the first order of business of the new
Board.
Section 3: TERM: Each officer shall hold office for a term of one (1) year unless he
shall sooner resign or shall be removed or otherwise disqualified to serve. Provided, however,
that he shall continue to serve until his replacement is duly elected.
Section 4: SPECIAL APPOINTMENTS: The Board may elect such other officers as
Ilia affairs of the Association may require, each of whom shall hold office for such period, have
such autharity, and perform such duties as the Board may. from time to time determine.
Section 5: RiSIGNATION AND REMOVAL: Any officer may be removed from
nfTicc by the Board at any time with or without cause. Any officer may resign at any time by
giving written notice to the Board, the President, or the Sceretaryrrreasurcr. Such resignation
ri

Ua 1 2 38' P61 009
shall lake effect on ilia date of receipt of such notice or at any latter time specified Therein_ :Ind
unless otherwise specified (herein, the acceptance of such resignation shall not be necessary to
make it effective.
Soclion 6: VACANCIES: A vacancy in any office may be filled by appointment of the
Board. 'Ilia officer appointed to such vacancy shall serve for the unexpired term of the officer
lie replaces.
0
Seclinn 7: &4ULTI>PLE OFFICES: No person shall simultaneously hold more than one
of any of time offices, except in the case of special offices created pursuant to Section 4 of this
Article.
Section 8: DUTIES: The duties of the officers are as follows:
(a) President. The President shall preside at all meetings of the Board of Directors; shall
see that orders and resolutions of the Board are carried out; and slmall sign all leases, mortgages,
deeds, and other instruments.
(b) Vice President: 'time Vice President shall act in the place of the President in the event
of his absence, inability, or refusal to act, and shall exercise and discharge such other duties as
may be required of him by the Board.
Cc) Secretary/treasurer. The SecreiaryfTmasurer shall record the votes and keep the
minutes of all meetings and proceedings of the Board and of tho Members; keep the corporue
seal of the Association and affix it to all papers so requiring; serve notice of meetings of the
7

a
L .i u 1i1 1 G 1 U
Hoard to Members, keep appropriate current records showing the Members of the Association
together will, their addresses. Also, The Secretary/Treasttrer shall receive and deposit iu
appropriate bank accounts all funds- of the Association and disburse such funds us directed by
resolution of the Hoard of Directors; shall sign all checks and promissory notes of the
Association; shall keep proper books of the accounts shall cause an annual audit of the
Asvociation books to be made at the completion of each fiscal year, and shall prepare an annual
budget and :statement of income and expenditures, a copy of which documents shall be delivered
to each Member, and a report which shall be given at the regular annual meeting of Members.
ARTICLE VII
ASSESSMENTS
As more fully provided in the Declaration. each Member is obligated to pay to the
Association annual and special assessments. All annual assessmen
ts shall be paid as designated
by the Board of Directors. Any assessments not paid when due are considered delinquent.
Interest, costs, and reasonable attorneys fees for collection shall be added to the amount of any
assessment due. No Owner may waive or otherwise escape liability for assessments by nonuse
Of the common properties or abandonment of his property. Delinquent assessments and costs
shall constitute a continuing lien on the property which generated the assessment until paid.
a

ail'f 238 PC, 101 i
ARTICLE Vlll
BOOKS AND RECORDS; INSPECTION
The hooks, records. and papers of the Association shall be subject to inspection by any
Member upon fifteen (15) days prior written notice. The Declaration. Articles of Incorporation,
and Bylaws of the Association shall be available for inspection by any Member at the principal
office of the Association, where copies shall be made available for sale at a reasonable price.
ARTICLE IX I
CORPORATE SEAL
The Association shall have a seal in a circular form having within its circumference the
wards: OWENDON PLANTATION PROPERTY OWNERS ASSOCIATION, INC.
ARTICLE X
AMENDMENTS
Prior to and after Turnover, these Bylaws may be amended by the Board of Directors at
any regular or special meeting.
ARTICLE XI
FISCAL YEAR
The fiscal yeaTtof the Association shall be the calendar year, except that the first fiscal
period shall begin on the date of incorporation and shall end on December 31st of the year of
incorporation.
9

IIIIIfIIII II IIIIIIIIIIIIIIIIIII�II p P� un -2�RW
Brunewie County, NC Reg1a er of Deed8 page 1 of 5
SS ��
`4
rots Rev rrt
Ck $ k # Ceah
Refund COih FinancE
G Portions Ot d00U1rlent are llieglble due to oondkion
of original.
K; Dmxry t contain aeWls verMad by original
inshumentthat cannot be reproduced orcoaled.
Brenda M. Clemmons Register of Deeds
05-21-2021 12:87:26.969 Brunswlok County, NC
NC REVENUE STAMP: $1800.00 (#756484)
This instrument prepared by BaxleySmithwick PLLC, licensed North Carolina attorneys,
WITHOUT OPINION ON TITLE. Delinquent taxes, if any, to be paid by the closing attorney to
the Brunswick County Tax Collector upon disbursement of closing proceeds.
NORTH CAROLINA SPECIAL WARRANTY DEED
Excise Tax: $1,800.00 Tax Parcels 21300038, 2130003806; and 2130004105
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
8f `
THIS DEED, made this the If day of MW 2021, by and between
ERNEST G. CREWS and wife, DONNA T. CREWS, of 58 6 Bertha Court SW, Ocean Isle
Beach, NC 28469, parties of the first part, hereinafter referred to as Grantors; and LDI
SHALLOTTE 179 HOLDINGS, LLC, a North Carolina limited liability company, of 60
Gregory Road, Suite 1, Belville, NC 28451, party of the second part, hereinafter referred to as
Grantee;
WITNESSETH:
THAT Grantors, for a valuable consideration paid by Grantee, the receipt of which is
hereby acknowledged, have and by these presents do grant, bargain, sell and convey unto
Grantee, its successors and assigns, in fee simple, all those certain tracts or parcels of land
being more particularly described in the attached Exhibit A incorporated herein by reference.
In accordance with NCGS Section 105-317.2, the mailing addresses of Grantors and
Grantee are as stated above. The property herein conveyed does not include the primary
residence of Grantors.
TO HAVE AND TO HOLD the aforesaid tracts or parcels of land and all privileges and
appurtenances thereunto belonging to Grantee in fee simple.
AND Grantors do hereby covenant with Grantee that Grantors have done nothing to
impair such title as Grantors received, and that Grantors will warrant and defend the title

Tim Clinkscales
From: Amy Schaefer <[e-mail]>
Sent: Wednesday, September 1, 2021 6:27 PM
To: D Logan; Mary Catherine Santos
Cc: Tim Clinkscales; Tonya Raines
Subject: Fwd: [External] Brunswick County - Owendon Plantation/Summers Walk
Attachments: 2020-11-25 Final Decision Summary Judgment for Respondent.pdf
Good evening,
Please see below emails for the written response of NCDEQ regarding the transfer of the stormwater permit. Please
don't hesitate to contact me if you have any questions or would like to discuss further.
Sincerely,
Amy C. Schaefer
Lee Kaess, PLLC
Post Office Box 4548
Wilmington, NC 28406
Direct: [phone]
Office: [phone] ext. 1014
SEP 0 9 2021
: v
Confidentiality Notice:
The information contained in this e-mail transmittal is privileged and confidential intended for the addressee only. If you are neither the intended
recipient nor the employee or agent responsible for delivering this e-mail to the intended recipient, any disclosure of this information in any way
or taking of any action in reliance on this information is strictly prohibited. If you have received this e-mail in error, please notify the person transmitting
the information immediately.
Begin forwarded message:
From: "Ansel, Douglas R" <[e-mail]>
Subject: RE: [External] Brunswick County - Owendon Plantation/Summers Walk
Date: September 1, 2021 at 4:59:49 PM EDT
To: Amy Schaefer <[e-mail]>
Cc: Tim Clinkscales <[e-mail]>, "Hall, Christine" <[e-mail]>
Amy,
The Department's expressed position has been that under NCGS 143-214.7(c2), a permittee can transfer
a compliant permit to an HOA without its consent. This question was adjudicated in a 2020 decision
from AU Lassiter issued on November 25, 2020. See the attached Order, specifically Conclusions of Law
6 to 12. While this case is currently under a petition for judicial review scheduled to be heard in March
2022, the Department's position remains the same. As we have discussed before, if passed in its current

form, Senate Bill 389 would also create a new transfer requirement in statute for stormwater permits to
the appropriate HOA entity.
Hopefully this helps.
Best,
Doug
Douglas R..Ansel
Assistant General Counsel
N.C. Department of Environmental Quality
Telephone: [phone]
Mailing Address:
1601 Mail Service Center
Raleigh, NC 27699-1601
Physical Address:
217 W. Jones St.
Raleigh, NC 27603
Douglas.Ansel(a-)ncdenr.gov
E-mail correspondence to andfrom this address may be subject to the North Carolina Public Records Law and may
he disclosed to third parties.

Transfer Application Completeness Review Checklist - Short Version
Permit#: I
Project Name: OCA'D bN `�Lq ,1T,gT I o
Project County/Location: � ni Su�►c K• l� Per r LAA-A. i G
*
Permit Expriation Date*:
Proposed Permittee Type & Documents Needed:
Date Delivered to WIRO:
BIMS Received/Accepted Date: 9 2d
BIMS Acknowledged Date':
*If w/in 6 mo, STOP - needs renewal first.
,Exception: only new Permittee is submitting.
®Property Owner(s) ®Purchaser ®Lessee
F-1HOA ®Developer
®Viable? ®Viable? ®Viable?
®Viable? ®Viable?
®Deed ®Purchase Agmt ®Lease
®Election Minutes
nNot Subdivided: Deed
1:150% Sold List (only if HOA doesn't sign)
®Subdivision: Common Area Deed
®Common Area Deed in HOA's Name
®Deed Restrictions Recorded
Current Permittee Signed Application? Y ,rflb
MPE Certification
If not, Dissolve No Longer Owns N
®BUA/Lot Summary
Property/Not Living
1:30&M (if HOA Signed Application)
Proposed Permittee Signed Application? N
-�—Vda
--
Papena.,ork ��
Applicationl`�
EaFee:
EQ$505 (within 6mo) Check#(s): $ ( 5 (P
Deed Restrictions, if subdivided:
EIPE Certification
Project Narrative
Easements, Recorded (2017 Rules)
MO&M on File (unless new one from HOA)
oEiectronic Copies
NOTES:
'Enter BIMS Acknowledged Date on this Sheet
r
EMAILED ENGINEER DATE:
REVIEWER NAME: K(ELL-1
G:WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist 2020 0131
�4PPLJcA'�z) l� 17. c� i��i4 IS AT7Ac4eb
rIJacJS �r �F-T4(L-5 .

PARAMO-0
NT__E
E N G I N E E FZ 1 N G. 1 N C.
N N pis �'„ 2� til y y0 0" -�M
Z
H r 4 �"� Ci i 14 Q c.' 4 man N Oo ? O W
CN V O V , G v 1 V %0 �- - G1 V O% O � hj —
L E T T E R n F T R A 1V A M r T T e r
To:
NCDEQ Land Quality
I Date
og.o6.21
127 Cardinal Drive Ext.
Wilmington, NC 28405
Re:
Summers Walk —State SW Transfer
A
± Christine Hall, PE
Project No.
20459•PE
e are sen ® Originals
r.rhe following items:1 ❑ Correspondence
❑ Prints ❑ Shop Drawings ❑ Calculations
❑ Plans ❑ Specifications ❑ Other as listed below
Quantity
Date
Dwg. No.
Description
1
Original and Copy of Transfer Permit
1
SOS info for LDI179 Shallotte Holdings
1
DB 4624 PG 187 (Property Deed)
1
DB 1238 PG 958 (Master Covenants Owendon Plantation)
1
Stormwater Narrative
1
Latest Permit
1
State Attorney Memo and Final Decision judgement
1
$505 Check
1
CD of Submittal Package
Issue Status 0 For Approval ❑ As Requested U Construction [j Bid
❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks
ction Taken ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend & Resubmit
❑ Rejected - See Remarks ❑ Approved as Submitted ❑ Other
emarks:
Cc:
Signed.
Tim Clinkscales, PE PLs
SEP 0 7 2021 I

Hall, Christine
From: Ansel, Douglas R
Sent: Wednesday, July 14, 2021 3:03 PM
To: Amy Schaefer
Cc: Tim Clinkscales; Hall, Christine
Subject RE: [External] Brunswick County Owendon Plantation/Summers Walk
Amy,
The Wilmington Regional Office did receive an Express request from LDI Shallotte 179 Holdings LLC that will impact the
currently approved Owendon Planation project permitted under SW8 960916. The permittee for SW8 960916 is
Owendon Plantation and the Declarant who recorded the restrictive covenants for Phase 2 is Owen Ventures, Inc. With
a new entity being listed on the express request, the Wilmington Regional Office has found that this project, Summers
Walk, is not currently eligible for the Express program as the current permittee is not the entity requesting the
modification and transfers cannot be processed through the Express Program (please refer to the stormwater fee
schedule found at this link).
In order to proceed with the proposed project, the Region's recommended path forward that will hopefully provide as
little resistance as possible from the current HOA is:
Transfer the current permit, SW8 960916, to the entity that purchased the remaining project area, Phases 3 and
4. This can be accomplished under GS 143-214.7(cS) but will require the new owners to resolve any compliance
issues.
I understand there is a concern regarding whether the current sections are compliant with the current
permit. Unfortunately, there is no way to get around addressing any compliance issues. The new owners may
have to work with the HOA to resolve any compliance issues during this process. For instance, if there are
concerns with overbuilding or other compliance issues in the constructed sections, Phases 1 and 2, the HOA may
need to be involved at some point to revise and correct any restrictive covenants or grant access.
2. Once the permit is transferred to the new property owners, then they are able to modify the permit to split the
project area into two resulting in a permit for Phases 1 and 2 and a separate permit for the remaining project
area, the proposed Summers Walk project. The modification will need to delineate a new project area for the
original, constructed sections and demonstrate that the area still meets the requirements of a low density
project under the rules they were originally written. The remaining undeveloped half will obtain a new permit
under the current 2017 rules as implied in the narrative provided with the Express Request. Both permit
applications must be submitted to the Regular Program at the same time to be reviewed concurrently.
We encourage you to determine the impervious area that has been constructed in the initial Phases of this
project during this process to account for that impervious area accordingly so that you end up with two
independently compliant permits.
3. Once there are two compliant permits for the development, the permittee can apply to transfer the permit for
Phases 1 and 2 to the HOA.
The steps outlined above are something the Wilmington Regional Office is familiar with and have done on occasion as
new developers take over unfinished projects. If your clients have questions about the process, KellvJohnson in the
Wilmington Regional Office can assist your client further.

As discussed on our call last week, please also see the proposed 5389 (Section 4) with respect to future transfer
requirements, as recommended by DEQ.
Hope this helps your client to move forward with their project.
Best,
Doug
Douglas R. Ansel
Assistant General Counsel
N.C. Department of Environmental Quality
Telephone: [phone]
Mauling Address:
1601 Mail Service Center
Raleigh, NC 27699-1601
Physical Address:
217 W. Jones St.
Raleigh, NC 27603
Douglas. Ansel&cdenr.Qgov
E-mail correspondence to and from this address may be subject to the Nor`h Carolina Public Records Law and may be disclosed to
third parties.
From: Amy Schaefer <[e-mail]>
Sent: Tuesday, July 13, 2021 11:13 AM
To: Ansel, Douglas R <[e-mail]>
Cc: Tim Clinkscales <[e-mail]>
Subject: Re: [External] Brunswick County - Owendon Plantation/Summers Walk
CAUTION: External email. R")o not c11zk- oinks or open e`stachrrat:s unless you verify. 5�a,e Ga ip suFpl°pus e;t . r a,r7 at[od=errtto
Report Spam.
Doug,
I wanted to follow up on this item and ask if you've had a response from Ms. Hall to put together an explanation of
options.
Sincerely,
Ann C. ech aeJ,e .

Lee Kaese, PLLC
Post Offlice Box 4548
Wilmington, NC 28406
Direct: [phone]
Office: (910) 3 99-3 447 ext. 1014
LEE KAM
The information cont:aim;d i7 this:; mail ..r tusmittal is privileged and con-OdQntial intcndod iOr tiic ddresw:; only. ff; ou .-No naither Ole inv:nded
rccipi nt no; the craployce or .:gent r.:sponsible for deliv.;rina :Lis e-rn iil to tics: intendod recirzin, _;-• discle• -ua,; of this in;irrmaton in ::��s w: v
or taking of any a ctio{i in relianc,, on this information is :•trictiy prohibited. If ou'r,>L e recriv-d this e-rrail in ei'rar. ph, .;Se nc:iit• th,, per,,on
Aun n-itunL� the iniormation immediately.
On Jul 9, 2021, at 11:44 AM, Ansel, Douglas R <[e-mail]> wrote:
Thank you both for sending this information as well as the documents Tim provided. I have spoken with
Christine Hall in the Wilmington Regional Office and she said that this is not a unique situation for them,
so she is going to help me put together an explanation of the options that have been utilized in similar
past projects. I'll get it sent over to you once it is finalized.
Best,
Doug
Douglas R. Ansel
Assistant General Counsel
N.C. Department of Environmental Quality
Telephone: [phone]
Mailing Address:
1601 Mail Service Center
Raleigh, NC 27699-1601
Physical Address:
217 W. Jones St.
Raleigh, NC 27603
[e-mail]
<image001.png>
E-Hoar' correspondence to and -om this address rnav be subject io the No?1h Carolina Public Records Law and .r ov
be disclosed to third ,parties.
From: Amy Schaefer <[e-mail]>
Sent: Wednesday, July 7, 20212:18 PM
To: Tim Clinkscales<tclinkscalesC@paramounte-ent;.com>
Cc: Ansel, Douglas R <[e-mail]>
Subject: Re: [External] Brunswick County - Owendon Plantation/Summers Walk

CAUTION: ExtwWemat Go not dick Nnks or open atrAess YMVertiY. Sere aft VJSPki%M0ff,A0 as on
all Khmerit to Rat Sin.
Sincerely,
Amy C. Schaefer
Lee Kaess, PLLC
Post Office Box 4548
Wilmington, NC 28406
[phone] Direct
(910) 3 99-3 447 Office
<image002.png>
C' niid,r:nd pity No ic,;:
Thy inh�llrutian cora?:in4J in Clu-ni_:il tr,..relritfal i . - i ll ; :i ::rr.; e nfi '..,, ,I in.� �ded ;ir
neither th(t lr m&--d ;CClini•�-,Tn nor th,, enirlo. .: OI' " , n::C; i":' risible ii (" 11� :"li', ti115-lIliill to1:L lnlcC id '.'eCip0.'Oi. :iv
disclobUr?, of tals inllttrin;;Jttion :n aiiy i%t --. ` or Glh.ln'`. J:"WIN, a,, :Ori '.n --�[La?c,) or•. �-- tii Inior-nliiilli(l l;i s:ClL't1Y (.)r(ll]Ihlt :ii. lt�_��.'`ll i1Clt'
rc�:erv:: this e-Lrail 'lr error, p- ,sc �xi y the t .• lnflrmatlor'fY1
On Jul 7, 2021, at 1:58 PM, Tim Clinkscales <tclinkscales paramounte-ene.com> wrote:
Tim Clinkscales PE, PLS
PARAMOUNTE ENGINEERING, INC
122 Cinema Drive
Wilmington, NC 28403
OFFICE: [phone]
CELL: [phone]
FAX: [phone]
www.r)aramounte-eng.com
From: Tim Clinkscales
Sent: Wednesday, July 7, 2021 1:55 PM
To: Amy Schaefer <[e-mail]>; Ansel, Douglas R <[e-mail]>
Subject: RE: [External] Brunswick County - Owendon Plantation/Summers Walk
Tim Clinkscales PE, PLS
PARAMOUNTE ENGINEERING, INC
122 Cinema Drive
Wilmington, NC 28403

OFFICE: [phone]
CELL: [phone]
FAX: [phone]
www.paramounte-eno.com
From: Tim Clinkscales
Sent: Wednesday, July 7, 2021 1:54 PM
To: Amy Schaefer <amv@ ieekaess.com>; Ansel, Douglas R <[e-mail]>
Subject: RE: [External] Brunswick County Owendon Plantation/Summers Walk
Tim Clinkscales PE, PLS
PARAMOUNTE ENGINEERING, INC
122 Cinema Drive
Wilmington, NC 28403
OFFICE: [phone]
CELL: [phone]
FAX: [phone]
www.oaramounte-eng.com
From: Amy Schaefer <[e-mail]>
Sent: Tuesday, July 6, 20215:12 PM
To: Ansel, Douglas R <[e-mail]>
Cc: Tim Clinkscales<[e-mail]>
Subject: Re: [External] Brunswick County - Owendon Plantation/Summers Walk
I sent a calendar request with our conference number. Please let me know if you don't
receive the request.
Thank you and I look forward to our call tomorrow.
Sincerely
Amy C. Schaefer
Lee Kaess, PLLC
Post Office Box 4548
NVilmington, NC 28406
[phone] Direct
(910) 399-347 Office
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On Jul 6, 2021, at 5:06 PM, Ansel, Douglas R
<[e-mail]> wrote:
1:30 tomorrow would work great. Should I call you at your direct line
then?
Best,
Doug
Douglas R. Ansel
Assistant General Counsel
N.C. Department of Environmental Quality
T eiephone: 919-707-8977
Mailing Address:
1601 Mail Service Center
Raleigh, NC 27699-1601
Physical Address:
217 W. Jones St.
Raleigh, NC 27603
Douglas.Ansel a,ncdenr.gov
<image001.png>
E-mail correspondonce to and from this address may be subject to the ,North
Carolina Public Records Law, and may° be disclosed to third parties.
From: Amy Schaefer <[e-mail]>
Sent: Tuesday, July 6, 2021 12:12 PM
To: Ansel, Douglas R <[e-mail]>
Cc: Tim Clinkscales<[e-mail]>
Subject: Re: [External] Brunswick County - Owendon
Plantation/Summers Walk
I CAUTION: Exter yal emM. Do riot c➢ dk Finks Oar open atiach¢nents unless you I
1 verify. Zend all suspicious email as an artachrnePrt to Report Spam.
Doug,
Do you have any time tomorrow afternoon, say 1:30?
Sincerely,
Lee Kaess, PLLC
Post Office Box 4548
Wilmirgton, NC 28406
[phone] Direct
(910) 399-34447 Office
6

<image002.png>
Confiuentiality notice:
Ili, iniormation contained in this, -mail trailsmitv:1 is rrhx iLgcd and con;i&ati;+i
int,.ndcd ter the address;,, only, if you are n: ith„ r th:: intended recip car aor
the : nl lo;: (J or kQ,. ni responsible for tic1h.:i7n this it the in:;nd j I' i' r g hi �-m:� a am -
disclosure of this information in any v,. %- or v .in of any ac ion in relian:u on This
information is strictly p:-ohibitod. Ify;k-i hae� reeei%,A this c-in'-J] in error. p1c.-lio
notify th:: pe."son lraw%hitting the inflonnation itmin,Aiately.
On Jul 6, 2021, at 9:04 AM, Amy Schaefer
<[e-mail]> wrote:
Doug,
I completely understand and thank you for speaking
with us. I discuss with Tim and try to get a few times
we'd be available.
Amy
Sincerely,
Amy C. Schaefer
Lee Kaess. PLLC
Post Office Box 4548
Wilmington, NC 28406
[phone] Direct
[phone] Office
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On Jul 2, 2021, at 9:09 PM, Ansel,
Douglas R <[e-mail]>
wrote:
7

Ms. Schaefer,
My apologies for not being able to
schedule something this week. What is
your availability next week to have a
call? My schedule is currently most
flexible on Wednesday and Thursday, if
you and Mr. Clinkscales have time
either of those days.
Best,
Doug
Douglas R. Ansel
Assistant General Counsel
N.C. Department of Environmental
Quality
Telephone: [phone]
Mailing Address:
1601 Mail Service Center
Raleigh, NC 27699-1601
Physical Address:
217 W. Jones St.
Raleigh, NC 27603
[e-mail]
<image00 I .png>
E-mail correspondence to and from this
address may be subject to the North
Carolina Public Records Law and may he
disclosed to third parties.
From: Amy Schaefer
<[e-mail]>
Sent: Wednesday, June 30, 2021 1:22
PM
To: Ansel, Douglas R
<[e-mail]>
Cc: Tim Clinkscales
<[e-mail]>
Subject: Re: [External] Brunswick
County - Owendon Plantation/Summers
Walk
CAUTIGN: Eyterr�7rl emaii Uo not eck links
or epen attach e„ts m4ess you vet sfy.
Send all susnicious email, as are aMi hment
to R porgy Spam.
Doug,

Please see attached. The permit is SW8
960916. To my knowledge the permit is
still held by Don Owen, though the
property has been transferred to the
HOA. I'm uncertain of his or the HOAs
availability.
I also think a call might be helpful if
you'd be available. My schedule is
flexible for the remainder of this week. I
think it would be helpful to have out
engineer, Tim Clinkscales, on the call as
well and he's on this email.
Thanks for the offer of assistance.
Sincerely,
Amy C. Schaefer
Lee Kaess,l'LLC
Post Office Box 4548
Wilmington. NC 28406
[phone] Direct
[phone] Office
<image002.png>
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On Jun 30, 2021, at
12:54 PM, Ansel,
Douglas R
<douelas.anselna ncdenr
.eov> wrote:

Ms. Schaefer,
Happy to assist. I'll
reach out to staff, but
in the meantime, I do
have a couple
background questions
for you:
• Can you send
me the
documents you
originally
included in your
email to
Christy? I'm
assuming they
include a copy
of the permit,
but if not, do
you know the
permit
number?
• Is the permit
held by your
client or by
some other
entity/individua
I? If it's a third
party, do you
know whether
they are still
around/availabl
e?
• You mentioned
you only
bought part of
a property
under a low -
density permit
— can you give
me some clarity
about the
extent of your
clients
ownership of
the property
underlying the
permit?
• When you say
you'd liked to
split the
permitted
10

property and
develop the
remainder, are
you looking to
modify the
permit to
changethe
original
permitted
development or
are you looking
to build in
accordance
with the
original permit?
If it's easier to have a
call to discuss, let me
know and I'm happy to
set something up.
Best,
Doug
Douglas R. Ansel
Assistant General
Counsel
N.C. Department
of Environmental
Quality
Telephone: 91.9-707-
8977
Mailing Address:
1601 Mail Service
Center
Raleigh, NC 27699-
1601
Physical Address:
217 W. Jones St.
Raleigh, NC 27603
Douglas.Ansel@ncdenr.
gov
<image002.png>
E-mail correspondence to
and from tics address may
be subject to the North
Carolina Public Records
Law and m.av be disclosed
to third parties.
11

From: Amy Schaefer
<[e-mail]>
Sent: Wednesday, June
30, 2021 12:43 PM
To: Ansel, Douglas R
<douglas.ansel@ncdenr
.gov>; Goebel, Christine
A
<Christine.Goebel@NC
DENR.GOV>
Cc: Tim Clinkscales
<tclinkscales@paramou
nte-ens.com>
Subject: Re: [External]
Brunswick County -
Owendon
Plantation/Summers
Walk
CAUTION- Extern -A emad.
Du not click iin ki or open
attachments uniEw yM
verify. Send all nr*cir us
email as an attachme �t
to Report Spam.
Thank you for
connecting us to the
correct division
counsel.
Amy
Sent from my
Verizon, Samsung
Galaxy smartphone
Get Outlook for
Android
From: Goebel, Christine
A
<Christine.Goebel@NC
DENR.GOV>
Sent: Wednesday, June
30, 2021 12:32:07 PM
To: Amy Schaefer
<[e-mail]>;
Ansel, Douglas R
<douglas.ansel@ncdenr
.eov>
Cc: Tim Clinkscales
12

<tclinkscales@Para mou
nte-eng.com>
Subject: RE: [External]
Brunswick County -
Owendon
Plantation/Summers
Walk
Ms. Schaefer -
I'm an Assistant
General Counsel for
DEQ and represent the
Division of Coastal
Management, not the
Division of Energy,
Mineral and Land
Resources, which
handles stormwater
issues. I've copied in
my fellow DEQ Asst. GC
Doug Ansel who may
know better who you
should talk to.
Thanks -
Christy
From: Amy Schaefer
fmailto:amy@leekaess.
com]
Sent: Wednesday, June
30, 2021 12:15 PM
To: Goebel, Christine A
<Christine.Goebel@NC
DENR.GOV>
Cc: Tim Clinkscales
<tiinkscales@paramou
nte-ene.com>
Subject: [External]
Brunswick County -
Owendon
Plantation/Summers
Walk
CAUTION: External email.
Do not click links or open
attachments unless you
verify. Send all suspicious
email as an attachment
ItoFeill! '.-Y M l
f
13

Good afternoon,
Hope all is well in
Raleigh. I am
emailing to request
your assistance and
advise on a project in
Brunswick County. I
attached a few
relevant documents
but basically my
clients purchased part
of a property under a
low density permit
and want to develop
the remaining area. It
doesn't look like the
original permit was
ever transferred to the
HOA and we'd like to
split the permitted
property. We tried
connecting with the
local NCDEQ
representatives but
have not revived a
response.
Can you provide any
guidance on how best
to approach this
development? I
copied our project
engineer on this email
and we'd be glad to
discuss or provide
you with any
additional information
you may need.
S inc.=ly,
Amy
n
Lee Kaess, PLLC
Post Odic,., Box 4548
Wilmington. NC 28406
14

[phone] Direct
[phone] Office
<image003.png>
<Owenden 2001.06.03.pdf><Owenden 1996.12.02.Ddf><Owenden 2000.03.03.pdf>
15

a ,

For DEQ Use ONLY
Reviewer.
North Carolina Department of Environmental Quality
Request for Express Permit Review submit:
Time:
Confirm:
FILL-IN all the information below and CHECK the Permiks) you are requesting for express review. Call and Email the completed form to the
Permit Coordinator along with a completed DETAILED narrative. site Plan (PDF file) and vicinity map (same items expected in the application
acka a of the project location. !Tease include this form in the application package.
• Asheville Region Alison Davidson 828-296-4698;alison.davidsonCr�ncdenr.vov
• Fayetteville and Raleigh Regions -David Lee 919-191-4204; david.)eep-ncdenr-gov
• Mooresville and Winston-Salem Regions -Paul Williams 336-776-9631; Daul.e.willlams(&ncdennpov
• Washington Region -Lyn Hardison 252-948-3842 or Ivn.hardison8mcdenr.aov
• Wilmington Region -Cameron Weaver 910-796-7265 or cameron.weavel0ndenr.Qov
NOTE. Project application received after 12 noon will be stamped in the following work day.
Project Name: SUMMERS WALK County: BRUNSWICK
Applicant: D LOGAN Company: LDI SHALLOTTE 179 HOLDINGS, LLC
Address: 60 GREGORY ROAD SUITE 1 City: BELVILLE, State: NC Zip: 28451-_
Phone: [phone], Fax: _ _ Email: [e-mail]
Physical Location:OFF OF BRICK LANDING ROAD AND PINE LAKE DRIVE IN SHALLOTE
related to this Proiect
SW
SW
SVV
NPDES _
N?-r=S _
'.VQ
:,,Q
E&S _
E&S _
Other
Project Drains into THE MILL POND waters - Water classification C,SW (DWR Surface Water Classifications Mao)
Project Located in LUMBER River Basin. Is project draining to class ORW waters? N, within ''Y2 mile and draining to class SA waters N or within 1 mile and
draining to class HQW waters? Y
Engineer/Consultant: TIM CLINKSCALES Company: PARAMOUNTE ENGINEERING, INC.
Address: 122 CINEMA DRIVE City: WILMINGTON, State: NC Zip: 28403-
Phone: [phone], Fax: [phone], Email: [e-mail]
PLEASE PROVIDE ESTIMATED INVESTMENT AND EXPECTED EMPLOYMENT, IF AVAILABLE �S
$ # JOBS mo+ �(�
SECTION ONE: REQUESTING A SCOPING MEETING ONLY E C � Q V t
❑ Scoping Meeting ONLY ❑ DWR, ❑ DCM, ❑ DEMLR, ❑ OTHER: JUN {0 2021
SECTION TWO: CHECK ONLY THE PROGRAM (S) YOU ARE REQUESTING FOR EXPRESS PERMITTING
❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls - Please attach TOPO map marking the areaffique Ions
❑ Intermittent/Perennial Determination: _ # of stream calls - Please attach TOPO map marking the areas in questions
❑ 401 Water Quality Certification ❑ Isolated Wetland (_linear ft or _acres)
❑ Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance
® State Stormwater ❑ General ❑ SFR, ❑ SFR < 1 ac. ❑ Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other
❑ Low Density ® Low Density -Curb & Gutter _ # Curb Outlet Swales ElOff-site[SW (Provide permit #)]
ElHigh Density -Detention Pond 1 # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems
ElHigh Density -Bio-Retention _ # Treatment Systems El High Density -SW Wetlands _ # Treatment Systems
El High Density -Other 1 # Treatment Systemsl ® MOD:❑ Major ElMinor ElPlan Revision ❑ Redev. Exclusion SW 8960916 (Provide permit#)
❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
❑ Upland Development ❑ Marina Development ❑ Urban Waterfront
❑ Land Quality ❑ Erosion and Sedimentation Control Plan with acres to be disturbed. (CK # & Amt. (for DEQ use))
SECT'0, i THREE - PLEASE CHECK ALLTHAT IS A?PL)CABLF TO YOUR PRO, ECT (for both scopinci and express meeting •epuesi)
Wetlands on Site ® Yes ❑ No Buffer Impacts: ® No ❑ YES: _acre(s)
Wetlands Delineation has been completed: ® Yes ❑ No Isolated wetland on Property ❑ Yes ❑ No
US ACOE Approval of Delineation completed: ® Yes ❑ No 404 Application in Process w/ US ACOE: ❑ Yes ® No Permit
Received from US ACOE ® Yes ❑ No
For DEQ use only
Fee SDlit for multiple Dermits: (Check # 1 Tefal Foe Ammint A
SUBMITTAL DATES
Fee
- -----------------
SUBMITTAL DATES
Fee
CAMA
$
Variance (❑ Maj; ❑ Min)
$
SW (❑ HD, ❑ LD, ❑ Gen)
$
401:
$
LQS
$
Stream Deter,_
$
NCDEQ EXPRESS June 2019

SUMMERS WALK
Express Stormwater Narrative
Project Narrative:
LDI Shallotte 179 Holdings, LLC is proposing the construction of a single family neighborhood
just south of the existing Owendon Plantation (SW8 960916). Our project will consist of 145
single family lots, with the goal of a new permit for this site. The original Owendon Planation
would be at 30% impervious per the permits and the new section would be at 24%. I am
copying the property attorney, since we have discussed options for the stormwater and need to
vet with her as part of the conversation. The stormwater will be low density with curb outlet
swales at the 24% impervious threshold.

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a

Weaver, Cameron
rom: Tim Clinkscales <[e-mail]>
Sent: Thursday, June 10, 2021 10:10 PM
To: Weaver, Cameron
Cc: Norris, Kellie E; Hall, Christine; Amy Schaefer
Subject: [External] RE: Express Request -Glendale Arbors
Attachments: USGS MAP CREWS TRACT.pdf, Express Stormwater Narrative Summers Walk.pdf;
MDP-2.0 SITE PLAN ZONING.pdf, REQUEST FOR EXPRESS form FINAL Summers
Walk.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Cameron
Enclosed is another project, it is off of Bricklanding Road in the Shallotte area, as stated in the narrative we are looking
to break up the permit into 2 sections, so if just need assistance on how to do this
Thanks and good night
Tim Clinkscales PE, i LS
PARAMOUNTE ENGINEERING, INC
122 Cinema Drive
Wilmington, NC 28403
OFFICE: [phone]
CELL: [phone]
FAX: [phone]
www.paramounte-enci.com