WQ0013027_Renewal Application_20220413

Initial Review
Reviewer Thornburg, Nathaniel D
Is this submittal an application? (Excluding additional information.)*
Yes No
Permit Number (IR) * WQ0013027
ApplicantlPermittee The Sea Isle Plantation North Homeowners Association
ApplicantlPermittee Address 131 Sea Isle North Dr. Indian Beach, NC 28512
Is the owner in BIMS? Yes No Is the facility in BIMS? Yes No
Owner Type
Facility Name
County
Fee Category
Is this a complete application?*
Yes No
Signature Authority
Signature Authority Title
Signature Authority Email
Document Type (if non -application)
Email Notifications
Organization
Sea Isle Plantation North WWTP
Carteret
Does this need review by the hydrogeologist? * Yes No
Regional Office
CO Reviewer
Admin Reviewer
Fee Amount
Complete App Date
$0
Below list any additional email address that need notification about a new project.
... ... ..
Email Address
Comments to be added to email notfication
Comments for Admin
Comments for RO

Comments for Reviewer
Comments for Applicant

Submittal Form
Project Contact Information
Please provide information on the person to be contacted by NDB Staff regarding electronic submittal, confirmation of receipt, and other correspondence.
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Name* Amanda Branson
Email Address*
[e-mail]
Project Information
Application/Document Type*
New (Fee Required)
Modification - Major (Fee Required)
Renewal with Major Modification (Fee
Required)
Annual Report
Additional Information
Other
Phone Number*
2527274647
Modification - Minor
Renewal
GW-59, NDMR, NDMLR, NDAR-1,
N DAR-2
Residual Annual Report
Change of Ownership
We no longer accept these monitoring reports through this portal. Please click on the link below and it will take you to the correct form.
hftps://edocs.deq.nc.gov/Forms/NonDischarge_Monitoring_Report
Perm it Type:*
Wastewater Irrigation
High -Rate Infiltration
Other Wastewater
Reclaimed Water
Closed -Loop Recycle
Residuals
Single -Family Residence Wastewater
Other
Irrigation
Permit Number: *
WQ0013027
Has Current Existing permit number
Applicant/Permittee*
The Sea Isle Plantation North Homeowners Association
Applicant/Permittee Address*
131 Sea Isle North Dr. Indian Beach, NC 28512
Facility Name*
Sea Isle Plantation North WWTP
Please provide comments/notes on your current submittal below.
Please let me know if I missed something on this application. I am pretty sure I got all the
information in there, but if not please let me know and I will find it and send. (First timer). This
renewal permit is different than the previous years when I looked back at them.
I attached the letter, Operational Agreement. I was unsure of the date to put. I hope that date
is correct?
Attached are the Declarations and Articles of Incorp. too.
I also put the map of the WWTP from a previous permit.
I also attached a letter from the 2010 permit as I was unsure of what to label it on the
application.
Amanda Branson
At this time, paper copies are no longer required. If you have any questions about what is required, please contact Nathaniel Thornburg
at [e-mail].
Please attach all information required or requested for this submittal to be reviewed here.*
(Application Form, Engineering Plans, Specifications, Calculations, Etc.)
SIPN WWTP App 2022.pdf 5.48MB
Upload only 1 PDF document (less than 250 MB). Multiple documents must be combined into one PDF file unless file is larger
than upload limit.

* By checking this box, I acknowledge that I understand the application will not be
accepted for pre -review until the fee (if required) has been received by the Non -
Discharge Branch. Application fees must be submitted by check or money order and
made payable to the North Carolina Department of Environmental Quality (NCDEQ).
I also confirm that the uploaded document is a single PDF with all parts of the
application in correct order (as specified by the application).
Mail payment to:
NCDEQ — Division of Water Resources
Attn: Non -Discharge Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Signature
Submission Date 4/13/2022

DWR
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Division of Water Resources
15A NCAC 02T .0700 — HIGH -RATE INFILTRATION SYSTEM — RENEWAL
FORM: HRIS-R 02-21
Pursuant to 15A NCAC 02T .0107(b), if the application does not include all required information and the necessary supporting
documentation, the application shall be returned. The application and attachments shall be prepared in accordance with 15A
NCAC 02T .0100, 15A NCAC 02T .0700, and Division Policies. For more information, visit the Water Quality Permittilig
Section's Non -Discharge Branch website. The Applicant shall submit an electronic copy of the application and attachments
uploaded as a single Portable Document Format (PDF) file to https://edocs.deg.nc.gov/Forms/NOnD►scharge-Branch-Submittal-
Form-Ver2, or emailed to Non-Discharge.Repo rts(a)neden r.gov if less than 20 megabytes (MB).
SECTION I — APPLICANT INFORMATION
1.
Applicant: The Sea Isle Plantation North Homeowners Association
2.
Permit No.: WQ0013027
3.
Signature authority: Michael Warren
Phone number: [phone] Cell
Title: President
Email: [e-mail]
4.
Mailing address: PO Box 1079
City. Morehead City
State: NC Zip: 28557-
5.
Contact person: Amanda Branson
Primary phone number: [phone] Office
Email: [e-mail]
Secondary phone number: [phone] Cell
SECTION H — FACILITY INFORMATION]
1. Physical address: 131 Sea Isle North Drive County: Carteret
Parcel No.: 633408989552000
City: Indian Beach State. NC Zip: 28512-
2. Treatment facility coordinates to the sixth decimal degree:
Latitude: 34.6902260 Longitude:-76.872040' Method: Address matching
SECTION III — FLOW INFORMATION
1. Permitted flow: 40000 GPD (The maxinnan allowable flow based on what has been permitted)
2. As -built flow: 40000 GPD (The inaxinnim allowable flow based on what has been constructed)
3. Average flow: GPD (The average of all reported floivs on the previous calendar year's NDMRs)
4. Hydraulic capacity: % (Divide the average flow in Item 3 by the As -built flow in Item .2)
5. Wastewater composition: Domestic : % Industrial: % Stormwater. %
SECTION IV — BILLING INFORMATION
1. Billing address: PO Box 1079
City: Morehead City State: NC zip: 28557-
2. Verify the Applicant does not have any overdue annual fees:
https:Hdeq. nc. gov/about/d iv is ions/water-resources/Nvater-resources-perm its/wq-epayments
Pursuant to 15A NCAC 02T .0120(c}, permits for renewing facilities shall not be granted if the Applicant or any affiliation has
an unpaid annual fee.
FORM: HRIS-R 02-21 Pagel of 6

1. ORC: Robert Howard
Grade: WW-3
Certification No.: 996013
Mailing address: 504 Park Ave
City: Cape Carteret
State: NC
Zip: 28584-
Phone number: [phone] Office
Email:
2. Back -Up ORC: Daniel Edward Fortin
Grade; WW-2
Certification No.: 7180
Mailing address: PO Box 4188
City: Emerald Isle
State: NC
Zip: 28591-
Phone number: [phone] Office
Email: [e-mail]
1. List all groundwater monitoring wells associated with the renewing permit. Attach additional sheets if necessary.
Well Name
Parcel No.
Status
Gradient
Location
Latitude
Longitude
MW-IR
Active
Select
Select
34.690195"
-76871838"
MW-2R
Active
Select
Select
34.6899040
-76.8724960
MW-3R
Active
Select
Select
34.6903010
-76,872493"
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
°
Select
Select
Select
°
- °
Select
Select
Select
°
- °
Select
Select
Select
0
- °
Select
Select
Select
°
- °
Select
Select
Select
°
- °
FORM: HRIS-R 02-21 Page 2 of 6

Total Acreage: l 18
FORM: HR1S-R 02-21 Page 3 of 6

I ATTACHMENT A —SITE MAP I
Was tine facility originally permitted or had a major modification issued after September 1, 2006?
❑ Yes — Pursuant to l5A NCAC 02T .0105(d), submit a site map pursuant to the requirements in 15A NCAC 02T .0704(d). These
requirements are:
❑ A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief and showing
all facility -related structures and fences within the wastewater treatment, storage, and infiltration areas.
❑ Soil mapping units shown on all infiltration sites.
❑ The location of all wells (including usage and construction details if available), streams (ephemeral, intermittent, and
perennial), springs, lakes, ponds, and other surface drainage features within 500 feet of all wastewater treatment, storage,
and infiltration sites.
❑ Delineation of the compliance and review boundaries per 15A NCAC 02L A 107 and .0108.
❑ Setbacks as required by 15A NCAC 02T .0706.
❑ Site property boundaries within 500 feet of all wastewater treatment, storage, and infiltration sites.
❑ All habitable residences or places of public assembly within 500 feet of all treatment, storage, and infiltration sites.
® No Skip Attachment A.
ATTACHMENT B — SIGNATURE AUTHORITY DELEGATION
Does the signature authority in Section I, Item 3 meet the requirements pursuant to 15A NCAC 02T .0106(b)?
® Yes — Skip Attachment B.
❑ No -- Submit a delegation letter pursuant to 15A NCAC 02T .0106(c) authorizing the signature authority to sign.
ATTACHMENT C -- FLOW REDUCTION
Does the existing permit include an approved flow reduction?
❑ Yes — Submit a copy of the flow reduction approval letter, as well as the measured monthly average amount of wastewater flow
contributed per unit for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved
flow reduction value, the Permittee shall provide a reevaluation of the reduced flow value pursuant to the requirements in 15A
NCAC 02T .0114(f).
® No — Skip Attachment C.
I ATTACHMENT D — CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY I
Is the Applicant a Privately -Owned Public Utility?
❑ Yes Pursuant to 15A NCAC 02T .01 15(a)(I}, submit the Certificate of Public Convenience and Necessity from the North
Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise,
® No — Skip Attachment D.
I ATTACHMENT E — OPERATIONAL AGREEMENT 1
Is the Applicant a Home/Property Owners' Association or Developer of Lots to be Sold?
® Yes (Home/Property Owners' Association) — Pursuant to 15A NCAC 02T .0115(a)(2), submit an executed Operational Agreement
(FORM: HOA). Pursuant to 15A NCAC 02T .01 15(c), if the applicant is a legally formed Homeowners' or Property Owner's
Association, submit a copy of the Articles of Incorporation, Declarations, and By-laws.
❑ Yes (Developer of Lots to be Sold) — Pursuant to 15A NCAC 02T .01 15(a)(2), submit an executed Operational Agreement
(FORM: DEV). Pursuant to 15A NCAC 02T .01 15(b), if the applicant is a developer of lots to be sold, submit a copy of the
Articles of Incorporation, Declarations, and By-laws.
❑ No — Skip Attachment E.
FORM: HR1S-R 02-21 Page 4 of 6

ATTACHMENT F — DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES
Is the applicant a municipality, county, sanitary district, or public utility?
❑ Yes -- Proceed to the next question.
® No — Skip Attachment F.
Does the hydraulic capacity in Section III, Item 4 exceed 70%?
❑ Yes (the hydraulic capacity is greater than 70%, but less than 80%) Pursuant to 15A NCAC 02T .0118(t ), prior to exceeding
80 percent of the system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee
shall submit an engineering evaluation of their future wastewater treatment, utilization, and disposal needs. This evaluation shall
outline plans for meeting future wastewater treatment, utilization, or disposal needs by either expansion of the existing system,
elimination or reduction of extraneous flows, or water conservation and shall include the source of funding for the improvements.
If expansion is not proposed or is proposed for a later date, a justification shall be made that wastewater treatment needs will be
met based on past growth records and future growth projections, and as appropriate, shall include conservation plans or other
measures to achieve waste flow reductions.
❑ Yes (the hydraulic capacity greater than 80%) — Proceed to the next question.
® No — Skip Attachment F.
If answered Yes above, does the hydraulic capacity in Section Ili, Item 4 exceed 80%?
❑ Yes (the hydraulic capacity is greater than 80%) — Pursuant to 15A NCAC 02T .0118(2), prior to exceeding 90 percent of the
system's permitted hydraulic capacity (based on the average flow during the last calendar year), the permittee shall obtain all
permits needed for the expansion of the wastewater treatment, utilization, or disposal system and, if construction is needed,
submit final plans and specifications for expansion, including a construction schedule. If expansion is not proposed or is proposed
for a later date, a justification shall be made that wastewater treatment needs will be met based on past growth records and future
growth projections, and as appropriate, shall include conservation plans or other specific measures to achieve waste flow
reductions.
® No — Skip Attachment F.
I ATTACHMENT G — EASEMENT, ENCROACHMENT, AND LEASE AGREEMENTS
Does the Permittee own all of the land associated with the wastewater collection, treatment, conveyance, infiltration, and groundwater
lowering (if applicable) system?
® Yes -- Skip Attachment G.
❑ No — Pursuant to 15A NCAC 02T .0116(c), provide a copy of all easements, lease agreements, and encroachment agreements
allowing the Permittee to operate and maintain the wastewater collection, treatment, conveyance, infiltration, and groundwater
lowering (if applicable) system on property not owned by the Permittee.
ATTACHMENT H — AFFILIATIONS
Are the Permittee's affiliations of record correct? Check affiliations.
® Yes — Skip Attachment H.
❑ No — Provide the corrected affiliations and their contact information.
ATTACHMENT I — COMPLIANCE SCHEDULES
Does the existing permit include any Compliance Schedules? (See Section I of the most recently issued permit)
❑ Yes — Submit documentation that the compliance schedules have been met.
® No — Skip Attachment I.
ATTACHMENT J — CIVIL PENALTIES AND OUTSTANDING VIOLATIONS
Does the Permittee have any existing civil penalties or outstanding violations?
❑ Yes (civil penalties) — Submit payment for the civil penalty, or proof of remission request.
❑ Yes (violations) — Submit a copy of your response to the Notice of Violation.
® No — Skip Attachment J.
FORM: HRIS-R 02-21 Page 5 of 6

ATTACHMENT K - INDUSTRIAL WASTEWATER
Does the wastewater composition in Section III, Item 5 include any industrial wastewater?
Yes - Proceed to the next question.
No Skip Attachment K.
Has the nature of the industrial wastewater changed since the last permit issuance (i.e., changes in industrial process, introduction of
new materials or chemicals, etc.)?
Yes - Provide a chemical analysis of the wastewater pursuant to the requirements in ISA NCAC 02T .07040) . Provide an
overview of the manufacturing process; an inventory of all chemical and biological materials used in the manufacturing process;
and an overview of the cleaning and treatment methodology.
do - Provide an overview of the manufacturing process: an inventory of all chemical and biological materials used in'the
manufacturing process; and an overview of the cleaning and treatment methodology.
ATTACHMENT L-SETBACK WAIVERS
Does the existing permit include setback waivers?
Yes -- Pursuant to jSQ NCAC 02T .0706(d), provide setbacks waivers that have been written, notarized, signed by all parties
involved, and recorded with the county Register of Deeds. Waivers involving the compliance boundary shall be in accordance
with 15A NCAC 02L .0107.
No - Skip Attachment L.
APPLICANT'S CERTIFICATION
attest that thi
application
(Signature authority's name as noted in Section 1, Item 3)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application package are not completed, and that if all required supporting information and attachments are not included, this
application package will be returned as incomplete. I further certify pursuant to 15A NCAC 02T,912", that the applicant, or any
parent, subsidiary, or other affiliate of the applicant has: not been convicted of environmental crimes under; not previously
abandoned a wastewater treatment facility without properly closing the facility; not paid a civil penalty; not been compliant with
any compliance schedule in a permit, settlement agreement, or order; not paid an annual fee.
Note: The Applicant's Certification shall be signed pursuant to L5A_N ji (Y{}2T .A 10hW. An altematc person may be delegated as
the sighing official if a letter is provided pursuant to 15A NCAC 02T .QJ-06(c). Pursuant to § 143-215.6A and § 143-215,613, any
person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a
Class 2 misdemeanor vhich may include a tine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature: ''�V" � GL- _ Date: ( L� Z
THE COMPLETLD APPLICATION AND ATTACHMENTS SHALL BE SUBMITTED AS A SINGLE PDF FILE VIA:
E d:
Laserfiche Upload:
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HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 17, 2010
John Utley - President
Sea Isle Plantation North HOA
P.O. Box 156
Salter Path, North Carolina 28575
Dear Mr. Utley:
Dee Freeman
Secretary
Subject: Permit No, WQ0013027
Sea Isle Plantation North WWTF
High -Rate Infiltration System
Carteret County
hi accordance with your minor permit modification request received July 1, 2010, we are
forwarding herewith Permit No. WQ0013027 dated September 17, 2010, to Seal Isle Plantation North
HOA for the construction and operation of the subject wastewater treatment and high -rate infiltration
facilities.
The permit description has been modified to authorize construction and operation of new
wastewater treatment equipment to reduce nitrogen concentrations in the effluent. Approved changes
include:
Equalization basin modifications including new pumps, new flow splitter box, installation of
a submersible mixer;
o Conversion of existing aeration basins into anoxic and oxic zones;
• Addition of liquid carbon metering system;
o Addition of oxygen reduction potential sensors in anoxic zones and dissolved oxygen sensors
nm oxic zones;
e Addition of mixed liquor recycle system.;
e Re -distribution of existing plant blowers and addition of one new blower.
On August 5, 2009, Session Law 2009-406, entitled "An Act to Extend Certain Government
Approvals Affecting the,Development of Real Property Within the State," was enacted by the General
Assembly and signed into law. The Act, known as the Permit Extension Act of 2009, extends the
expiration date of certain government approvals and permits. Permit WQ0013027, issued by the Division
of Water Quality falls within the scope of this Act and is therefore being extended until February 29,
2016. Please note per your permit, a renewal application must still be submitted six months in advance of
this extended expiration date.
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capita€ Boulevard. Raleigh, North Carolina 27604
Phone:[phone] t FAX 1:919-715.0588; FAX 2: 919.715.60481 Customer Service: 1-877.623.6748
lateme':1vww.ncwalerggaI .om
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One
No thCarolina

STATE OF NORTH CAROLINA
COUNTY OF Carteret a
Permit No. WQ0013027
OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this
day of
April 2022 , by and between. the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Sea Isle Plantation North Homeowners Association , a non-profit corporation organized
and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the
ASSOCIATION.
WITNESSETH:
1. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and
business of the development known as Sea Isle Plantation North
(hereinafter the Development); of operating, maintaining, re -constructing and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction
and repair.
2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and/or operate the Disposal System.
4, The Development was created subject to unit ownership in the dwellings units, other improvements and
lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C of the North Carolina General Statutes,
5. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows:
1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to
the Disposal System in accordance with the permit and plans and specifications hereafter issued and
approved by the COMMISSION, and shall thereafter- properly operate and maintain such systems and
facilities in accordance with applicable permit provisions and taw.
2. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System
and appurtenances thereto are part of the common clernents and shall thereafter be properly maintained
and operated in conformity with law and the provisions of the permit for construction, operation, repair,
and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire
wastewater treatment, collection and disposal system as a common element, which will receive the highest
priority for expenditures by the Association except for Federal, State, and local taxes and insurance.
FORM: HOA 01-20 Page 1 of 2

3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System
will be maintained out of the common expenses. In order to assure that there shall be finds readily
available to repair, maintain, or construct the Disposal System beyond the routine operation and
maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of
the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the
facility and shall be part of the yearly budget.
4. In the event the common expense allocation and separate fund(s) are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made
as necessary at any time.
5. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the ASSOCIATION shall tape such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit may require as condition of accepting the Development's wastewater.
6. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall
provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution
without first having transferred its said system and facilities to some person, corporation or other entity
acceptable to and approved by the COMMISSION by the issuance of a permit.
7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
ASSOCIATION's successor.
S. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
penuit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and
operation of the Disposal System.
9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration
is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of
the Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION
S. Daniel Smith, Director
Division of Water Resources
(Datc)
Sea isle Plantation North Homeowners Association
Name of ASSOCIATION
(Si atu
Arnanda Branson, HOA Manager
Print Narne and Title
{
(Date)
FORM: HOA 01-20 Page 2 of 2

DECLARATION OI, COVE, NANTS
CONDITIONS AND RESTRICTIONS FOR
SEA ISLE PLANTATION NORTH
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
is made and published this '5th of, June 1997, by and between Vision Properties,
L.L.C., a North Carolina Limited Liability Company, having its principal place of business
in Forsyth County, North Carolina (hereinafter called "Declarant"), and any and all persons,
firms or corporations hereafter acquiring any of the within described property,
WITNESSETH.
WHEREAS, Declarant is the owner of certain real property as -described in
conveyances to Vision Properties, L.L.C. recorded in Book 770, Page 956, Carteret County
Registry, The Declarant has caused the property described in said deed to be subdivided
into lots for a subdivision known as Sea Isle Plantation North recorded in Plat Book 29
Pages 145 th Carteret Coup R's
County trY (hereinafter called "Sea Isle Plantation North" or
e Property').
T#IEREAS, Declarant intends to develop the Property into a high quality,
subdivision with a marina for boatslips for the residents of the subdivision.
residential
sxon. All
improvements in the subdivision will be constructed from the highest quality materials and
with the highest quality of workmanship to create a unique community that fits in and is in

harmony with the natural b f th
eauty o e surrounding coastal environment. The general
concept and design of the improvements on each -Lot inSea Isle Plantation North will be of
coastal farm houses with wrap around porches and with the houses constructed to blend into
the natural, wooded environment'. The Declarant will form a"homeowners association to
enforce and maintain the high duality of Sea isle Planation and to maintain certain amenities,
which may include, but Declarant is not required to provide, an entranceway, entranceway
signage, decorative street lighting, swimming pool, marina, waterways, docks, piers,
boatslips, private streets, pedestrian access easements, a sanitary sewer system and such other
common areas and amenities of the subdivision that the Declarant or the homeowners
association may provide for the general welfare and -recreation of the owners; and
WHEREAS, it is in the best interest of the Declarant; as well as to the benefit, interest
and advantage of each and every person or other entity hereafter acquiring any of the said
lots that certain covenants, couditions, easements, assessments, liens and ' restrictions
governing and regulating the use and occupancy of the same be established, fixed and set
forth and declared to be covenants running with the land, and
WHEREAS, Declarant desires to provide for the preservation of the values and
amenities and the desirability and attractiveness of the real property in the development, and
to provide for the continued maintenance and operation of the Corneton Areas as may be
provided herein; and
'WHEREAS, it is the Declarant's goal to develop and. maintain. Sea Isle Plantation
North so far as is possible to complement and reinforce the natural beauty of the coastal
setting with trees, waterways and marshes of the surrounding property. To accomplish this
goal, all aspects of the development of the Property must be coordinated such that there will
be harmony between the architectural work, the landscaping, signage, lighting, and all
aspects of the improvements as they fit into the landscape of the Property. The location,
design, and exterior appearance of the house and other improvements on a Lot will be made
with an intention that .the improvements will blend in and accent the surrounding
2
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environment, and as much as possible, the natural environment on each Lot will be
preserved in its natural state. This harmony `of the development and the requirement of the
highest quality of materials and workmanship for all improvements on the Lots will benefit
all Owners and enhance the value of each Owner's Lot.
NOW, THEREFORE, in consideration of the premises, the Declarant agrees with any
and all persons, firms, corporations or other entities hereafter acquiring any of the property,
which is a part of the development, that the same shall be and is hereby subject to the
following restrictions, covenants, conditions, easements, assessments and liens (all
hereinafter collectively referred to as "Restrictions") relating to the use and occupancy
thereof, said Restrictions to be construed as covenants running with the land which shall be
binding on all parties having or acquiring any right, title or interest in the said property or any
part thereof, and which shall inure to the benefit of each owner thereof. Every person or
other party hereafter acquiring any. of the said property made subject to this Declaration, by
acceptance of a deed or contract for deed or other conveyance of any interest in or to said
property, whether or not it shall be so expressed in any such deed, contract for deed or other
conveyance, and regardless of whether the same shall be signed by such person and whether
or not such person shall otherwise consent in writing, shall take such property interest subject
to this Declaration and to the terms and conditions hereof and shall be deemed to have
assented to same.
ARTICLE I
Definitions
The following words when used in this Declaration or any supplemental declaration
hereto (unless the context shall prohibit) shall have the following meaning:
3
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set aside on the Common Area for the use; benefit -and -enjoyment of Members.
Section 2. "Association" shall mean and refer to the Sea Isle Plantation North
Homeowners Association, a nonprofit corporation organized and existing under the laws of
the State of North Carolina, its successors and assigns.
Section 3. "CAMA" shall mean Coastal Area Management Act as set forth in
North Carolina General Statute.113A-1.00.
Section 4. "Committee" shall mean and refer to the Architectural Committee.
Section 5. "Common Area(s)" shall mean and refer to any and all real property
subject to this Declaration which is defined and bounded by properly referenced and
recorded plat(s) designated thereon as "Common Areas(s)", "Open Space", "Waterway",
"Marina", "Marsh", Streets" or "Roads" which are private and have not been turned over
to any government authority for maintenance, "Private Easements" or driveways created by
the Declarant to provide access to the streets or roads for more than one Lot, or any area that
is set aside for the general use of the Members. Common Area(s) shall include all real
property and easement interests owned by the Association for the common use and
enjoyment of all members or designated classes of members of the Association, which may
include but is not Limited to, swimming pool, entranceway, entranceway signage, waterways,
boat slips, piers, docks, marina, pedestrian access walkways, and gazebo. (It is understood
that this list of possible amenities is only for descriptive purposes and'the Declarant is not
obligated to construct any of said amenities.)
4

Secs "Declarant" shall mean and refer to Vision Properties, L.L.C., a North
Carolina Limited Liability Company, its successors and assigns.
Section S. "Lot" or Lots" shall mean and refer to any plot of land within Sea Isle
Plantation North whether or not improvements are constructed thereon, which constitutes or
will constitute, after the construction of improvements, a single dwelling site as shown on
a plat or plats for Sea Isle Plantation North, or amendments thereto, recorded in the Carteret
County Registry.
Section 9. "Member" shall mean and refer to any person or other entity who holds
membership in the Association.
Secs "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of the fee interest in any Lot in the development, excluding however,
those parties having such interest merely as a security interest for the performance of an
obligation.
Sec "Person" shall mean and refer to a natural person, as well as a
corporation, partnership, firm, association, trust or other legal entity. The use of the
masculine pronoun shall include the neuter and feminine, and the use'of.the singular shall
include the plural where the context so requires.
W

The property which is, and shall be held, transferred, sold, conveyed, and occupied
subject to this Declaration is located in Indian Beach, Carteret County, North Carolina, and
is more particularly described as the Sea Isle Plantation North Subdivision as shown on the
recorded plat in Plat Book , Page (s) , Carteret County Registry.
ARTICLE III
Association Membership and Votin Ri is
Section 1. Membership.
(a) Every person or entity who is a record owner of a fee or undivided fee
interest in any Lot which is subject by covenants of record to assessment by the Association
shall be a member of the Association, subject to and bound by the Association's Articles of
Incorporation, Bylaws, rules and regulations. The foregoing is not intended to include
persons or entities who hold an interest in any Lot merely as security for the performance of
an obligation. Ownership of record of such Lot shall be the sole qualification for
membership. When any Lot is owned of record in tenancy by the entireties, joint tenancy,
or tenancy in common or by some other legal form of multiple ownership, the membership
(including the voting power arising therefrom) shall be exercised only as 'stipulated in Section
2 hereinbelow.
6
f�
BOO PA

U1 auy MULU41, spuuini or orner penoctic assessment levied by the Association, the voting
rights and right to the use of the Common Areas or any other facilities which the Association
may provide may be suspended by the Board of Directors of the Association until such
assessment is paid. In the event of violation by a member of any rules or regulations
established by the Board of Directors of the Association, such membefs voting and use rights
may be suspended by the Board of Directors of the Association after a hearing at which the
general requirements of due process shall be observed. Such hearing shall only be held by
the Board of Directors of the Association (or a committee thereof) after giving the member
ten (10) days prior written notice specifying each alleged violation and setting the time, place
and date of the hearing. Determination of violation shall be made by a majority vote of the
Board of Directors of the Association or a committee thereof.
(c) No membership fee shall be charged, nor shall Members be required to
Pay at anY time any amount to carry on the business of the Association except to pay when
due the charges, assessments and special assessments levied upon each Member's Lot as
specified in the Declaration or as the Members of the Association may from time to time
hereafter adopt.
Section 2. - Voting and Voting Rights
(a) The voting rights of the membership shall be appurtenant to the
ownership of Lots. The ownership of each Lot by a person other than Declarant shall entitle
its owner to one vote. The Association shall have two classes of voting membership:
B001� PAGE �%

(2) Class B. The Class B member shall be the Declarant, and
it shall be entitled to three (3) votes for each Lot in which it holds a fee or undivided fee
interest; provided that the Class B membership shall cease and be converted to Class A
membership on the happening of either of the following events, whichever occurs earlier:
(i} Four (4) months after the total votes outstanding in the
Class A membership equal the total votes outstanding in the Class B membership; or
(ii) • On August 1, 2011,
(b) When two or more persons hold an interest (other than a leasehold or
security interest) in any Lot, all such persons shall be Members. The vote for such Lot shall
be exercised by one of such persons as proxy and nominee for all persons holding an interest
in a Lot and in no event shall more than one (1) vote be cast with respect to any Lot (except
with respect to Lots owned by Declarant), nor shall any fractional vote be cast.
(c) Any Member who is delinquent in the payment of any charges duly
levied by the Association against a Lot owned by such Member shall not be entitled to vote
until all such charges, together with such reasonable penalties as the Board of Directors of
the Association may impose, have been paid.
(d) Members shall vote in person or by proxy executed in writing by the
member. No proxy shall be valid after eleven (11) months from the date of its execution or
BQQ
FAQ

upon conveyance by the Member of his Lot. A corporate Member's vote shall be cast by the
President of the member corporation or by: any other officer or proxy appointed by the
President or designated by the Board of Directors of such corporation, which designation
must, if requested by the Association, be'in writing,
(e) Voting on all matters except the election of directors shall be by voice
vote or by show of hands unless a majority of the Members -present at the meeting shall, prior
to voting on any matter, demand a ballot vote on that particular matter. Where directors or
officers are to be elected by the -members, the solicitation of proxies for such elections may
be conducted by mail,
ARTICLE IV
Common AreaPronert, Rigbts
Section 1_ Use of Common Area Every Owner (by virtue of membership in the
Association) shall have a nonexclusive right and easement of enjoyment in and to the
Common Area which shall be appurtenant to and shall pass with the title for every Lot
subject to the provisions of this Declaration, the Charter and the Bylaws of the Association,
and the encumbrances referred to in Section 3 hereof, and the following:
(a) The right of the Association to limit the use of the Common Areas to
Owners, their families and guests, except for the swunm.i_ng pool which can be used as
provided herein by members, their families and guests of the Sea Isle Plantation Home
Owners Association described in the Declaration recorded in Book 763, Page 788, Carteret
County Registry.
9
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PAGE_?
�L,

(c) The tight of the Association to mortgage, to dedicate or to transfer any
part of the Common Areas to any public agency, aptholity, utility or other entity for such
purposes and subject to such conditions as may be agreed to by the Members of this
Association as applicable in accordance with the terms and provisions of this Declaration.
No such mortgage, dedication or transfer shall be effective unless approved by Members
entitled to cast two-thirds (2/3) of the votes of the Class A membership and two-thirds (2/3)
of the votes of the Class B membership, if any, and unless written notice of the proposed
action is sent to every Member not less than thirty (30) days nor more than sixty (60) days
in advance of the vote. The instrument effecting such dedication, transfer or conveyance
shall be sufficient if it is executed by approptiate officers of the Association and contains a
recital of the approval of the Members.
(d) The right of the Association to formulate, publish and enforce rules and
regulations as provided in Article VI, and to formulate, publish and enforce rules and
regulations governing the use and activities permitted on or around any areas designated as
Common Area.
Section 2. Dele ation of Use. The right and easement of enjoyment granted to
every Owner in Section 1 of this Article may be exercised by members of the Owner's
family, and an Owner may delegate his rights of enjoyment in the Common Areas to his
tenants or contract purchasers who occupy the residence of the Owner within the Property.

Section 4. PgA&Z and Use RegWations for Boats Trailers etc. The Association
may regulate the parking and use of boats, trailers, motor homes, recreation vehicles, trucks,
and other such items on the Common Areas (including the provision of special facilities for
which a reasonable charge may be made). No boats, trailers, motor homes, recreational
vehicles, or trucks shall be parked within the right-of-way of any public or private street in
or adjacent to this development.
Section S. Antennas and Cablevision. The Association may provide cablevision
or central television antennas provided that the cost shall b6 borne by those who subscribe
to the service and shall not be included in annual or special assessments. The Association
may regulate or prohibit the erection of any type of antennas on individual Lots. No satellite
discs larger than 24 inches in diameter shall be erected without the prior written approval of
the Association. A satellite disc less than 24 inches in diameter must be screened such that
the disc is not visible from the street or any Common Area and such screening must be
approved by the Committee.
Section 6. Marina and Waterways. The marina and waterways which are shown
on the recorded plat(s) of the property, whether or not so labeled, shall be Common Areas
for the use and enjoyment of every. Member of the Association, subject to the rules and
regulations of the Association. The said rules and regulations shall be for the general
enjoyment and safety of all Members and shall specifically regulate the use and activities on
the waterways, docks, piers, boatslips, and marina, including but not .limited to, the size and
I1
BASK_'{ PAGF--

type of watercraft, speed of watercraft on the waterways and in the marina and noise on the
waterways and in the -marina. Use of the waterways " hall'not include the use of Lots whose
lot lines extend to the high water mark of the waterways, and shall be limited to the surface
of the waterways and areas designated as "Common Areas" adjacent to the waterways or
marina. Maintenance of the waterways and marina shall be the duty of the Association, and
no Lot Owner by virtue of owning a Lot adjacent to the waterway, docks, piers, boatslips,
marina or other Common Area shall be required -to assist in the maintenance of such
Common Area except through the payment of the regular assessment paid by all Owners to
the Association.
Section 7. Swimming_Pool In order to maximize the use of the Common Area
containing the swimming pool and to help in defraying the cost of maintaining the swimming
pool, the Declarant has .agreed that owners -of Lots in the Sea Isle Plantation subdivision
located south of the Property and across North Carolina Highway 58 and further described
in Map Book 28, Page 834, Carteret County Registry, may be special members (hereinafter
"Special Members") of the Association's swimming pool. Said owners are not obligated to
be members of the swimming pool, but may be Special Members of the swui nming pool if
said owners have notified the Association in writing of their desire to be members of the
swimming pool and have paid the appropriate dues (hereinafter "Swim_zning Pool Dues").
The Swimming Pool Dues, which shall be applicable only to the non-members of the
Association, shall be calculated as being fifteen percent (151/1o) of the Association's regular
dues, Said dues shall be paid on an annual basis and shall be non-refimdable.
The Special Members shall be subject to the same rules and regulations of the
swimming pool established by the Association, but the Association shall establish no rule or
regulation that discriminates or treats the Special Members differently from regular Members
except for the amount and payment of the Swimming Pool Dues. Special Members shall
12
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�d`'/

have no other rights in the Association or in the Common Areas except as incident to the use
of the swimming pool or -as expressly provided in this Declaration.
Section 8. PedestrianAccess Easement The pedestrian access easement labeled
on the recorded plat of the Property shall be for the use and benefit of all Owners, their
invitees and guests as well as the owners of Lots in the Sea Isle Plantation subdivision (as
described hereinabove) under the terms of the reciprocal easements provided in the
Declaration of Restrictive Covenants, Conditions, Restrictions and Easements recorded in
Book 763, Page 788, Carteret County Registry. Said owners will not have to belong to the
Association or pay any dues in return for said use, but said owners will be subject to the same
rules and regulations governing said use as Members of the Association. The Association
will take no action or pass any rule or regulation that discriminates against said owners or
makes their use different from.regular Members.
ARTICLE V
Covenants for Maintenance Assessments
Section 1. Annual Assessment for Maintenance Fund. For each Lot owned within
the Sea Isle Plantation North, the Owner covenants and agrees, and each subsequent Owner
Of any such Lot covenants and agrees, that by acceptance of a deed therefor whether or not
it is so expressed in such deed, the Owner will pay to the Association the assessments and
charges provided for in this Declaration.
(a) Annual assessments or charges in the amount hereinafter set forth.
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BOOK nth

(b)
Special assessments as approved by the Association to be established
and collected as hereinafter provided.
The annual assessment"provided for herein for the Association shall be payable in
advance on an annual basis by every Owner of each Lot, unless the Association decides by
a majority vote to have the assessment payable monthly. The annual assessment shall be due
on January 1 of each year except for the first year of ownership by an Owner. At the closing
of the purchase of a Lot by an Owner, the assessment shall begin to accrue and the Owner
shall pay to the Association the Owner's pro rata share of the annual assessment for the
remainder of the year.
1
Section 2. i' ose of Assessments. The assessments levied by the Association
shall be used to provide funds for such purposes and common expenses as are for the benefit
of the Owners of Lots within the areas overseen and administered by the Association which
purposes may include maintenance, replacement, repair, insurance, landscaping and
beautification of the Common Areas, which shall. specifically include the installation, repair,
maintenance, replacement and payment for the package sewer plant and forced components
which provide the sanitary sewer system for the Property and payment of electric bills for
decorative street lighting whether or not such lighting is installed in the Common Area.
Funds may also be used to provide other services to promote the health, safety and welfare
of the residents of the- community and in particular for the acquisition, improvement and
maintenance of the properties, services and facilities related to the use and enjoyment of the
Common Areas, including but not limited to the cost of repair, replacement and additions
thereto; the cost of labor, equipmezit; materials, management and supervision thereof; the
payment of taxes assessed against all Common Areas; the procurement and maintenance of
insurance; the employment of attorneys, accountants and other professionals to represent the
Association when necessary or useful; the employment of security personnel to provide any
14
:Or• �2 9 9 PA - EU -

service which is not readily available from any governmental authority; and such other needs
as may arise. Any. additional uses and purposes for assessments may be adopted by an
amendment to this Declaration, as provided in Article X herein.
Section 3. Creation of the Lien and Personal Obligation of Assessment. In
accordance with the terms and provisions hereof, and in order to secure payment at and after
the clue date, as each assessment becomes due, there shall arise a continuing lien and charge
against each Lot, the amount of which shall include costs and reasonable attorneys' fees to
the,extent permissible by law. ' Each such assessment, together with such interest, cost and
reasonable attorneys' fees, shall also be the personal"obligation of the person who was the
Owner of such Lot at the time when the assessment fell due.
Section 4. Exempt Pro �er . The assessments, charges and liens created under this
Article V shall not apply to the Common Areas, nor shall they apply to any Lot the title to
which is vested either in any first mortgagee subsequent to foreclosure; provided, however,
that upon the resale of such Lot by such first mortgagee, the assessment herein provided shall
again commence and accrue and shall be fully applicable to such Lot upon the conveyance
to any subsequent Owner. Any Lot which Declarant may hereafter designate for common
use as part of the Common Areas or otherwise shall be exempt from the assessments and
charges created herein. In addition, other than land and improvements devoted to dwelling
use, all property dedicated to and accepted by a local public authority shall be exempt from
the assessments, charges and liens created hereby.
Section l Annual Maintenance Assessments and Maximums.
(a) The annual maintenance assessment imposed by the Association shall
be set each year by the Association as set forth herein. -
15
BOOV�--1� PAG-.-1=F--`

- 3 .
(b) in establishing the annual assessment for any year, the Board of
Directors shall consider all current costs and expeme"s'of the Association, any accrued debts,
and reserves for future needs.
(c) Notwithstanding anything in this Article V to the contrary, Declarant
shall not be required to pay any dues or assessments, special or otherwise, for a period of two
(2) years from the date of the closing of the sale of the- first Lot in the subdivision to an
Owner other than the Declarant.
Section 6. - Snecial Assessments
In addition to the annual assessment imposed by the Association set forth above, the
Association 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 coast of any capital improvement,
for repairs or replacement of any capital improvement, for repairs or replacement of any
improvement on the Common Area, including the repair or replacement of the paving on the
private streets, private easements created by the Declarant to provide access to more than one
Lot, and the dredging of the waterways or marina. Provided that any such assessment shall
have the consent of two/thirds (2/3's) of the votes of all Owners of Lots .not awned by the
Declarant, at a meeting duly called for this purpose, written notice of which shall be sent to
all Members in accordance with the provisions of the By -Laws for special meetings of the
Association. Any special assessment passed by the Members shall not apply to the
Declarant.
Section 7. Date of Commencement of Annual Assessment Due Dates,• Certificate
.of P
1C9
B00K F'P,GE�

(a) The annual assessments provided for herein for the Association shall be
payable on January 1. of each year. The assessment shall begin to accrue as to a Lot at the
time of closing and conveyance of a Lot to an Owner other than the Declarant. At least thirty
(30) days before January 1 oPeach year, the Board of Directors of the Association shall
establish the amount of the annual assessment imposed by the Association against each Lot
and in the event the Board of Directors of the Association elects not to fix such assessment
rate as herein provided, the amount of the prior years annual assessment shall be the fixed
amount. Written notice of any changed assessment rate shall be sent to every Owner by the
Association.
(b) The Association shall, upon demand and for a reasonable charge, furnish
a certificate signed by an officer of the Association setting forth whether the assessments
(whether annual or special or imposed by the Association) on a specified Lot have been paid
to date.
Section 8. Effect of Nona ent of Assessment Remedies of the Association.
Any assessment not paid within thirty (30) days after the due date shall bear interest from the
due date at the maximum legal rate and to the extent allowed by law. The Association or its
agents or representatives, may bring an action at law against the Owner personally obligated
to pay the same or foreclose the lien against the Lot to which the assessment relates, and
interest, costs and reasonable attorneys' fees for such action or foreclosure shall be added to
the amount of such assessment to the extent allowed by law. No Owner may waive or
otherwise escape liability for the assessments provided for herein by nonuse of any of the
Common Areas or abandonment of hug Lot.
Secs Subordination of the Lien to Mort a es. The liens provided for herein
shall be subordinate to the lien of any first or second lien deed of trust (sometimes hereinafter
17

called "mortgage" and the holder thereof being sometimes hereinafter referred to as a
"mortgagee") on any Lot if� but only if, all such assessments with respect to such Lot having
a due date on or prior to the date such mortgage is filed of record have been paid. The lien
and permanent charge hereby subordinated is only alien and charge as relates to assessments
authorized hereunder having a due date subsequent to the date such mortgage is filed of
record and prior to the satisfaction, cancellation or foreclosure of such mortgage or the sale
or transfer of the mortgaged property pursuant to any proceeding in lieu of foreclosure or the
sale or transfer of the mortgaged property pursuant to a sale under power contained in such
mortgage. Sale or transfer of any Lot shall not affect any assessment lien. However, the sale
or transfer of any Lot which is subject to any mortgage pursuant to a foreclosure thereof or
under a power of sale or any proceeding in lieu of foreclosure thereof shall extinguish the
Hen of such assessment as to payments which became due prior to such sale or transfer, but
the Association shall have a lien upon the proceeds from foreclosure or of sale, junior only
to the said foreclosed mortgage and the equity of redemption of the mortgagor or trustor. No
sale or transfer shall relieve such Lot from liability for any assessment thereafter becoming
due or from the lien thereof, except as provided in Section 4 of this Article V.
Section 14. Collection of Assessments The Association shall promptly collect all
assessments due fi-om Owners pursuant to the terms and provisions hereof.
ARTICLE VI
Architectural Control Inspection and Use Restriction
Declarant shall have the responsibility of enforcing the restrictions set forth in this
Article prior to the formation of the Committee, which, upon appointment by the Board of
Directors, shall assume and be responsible for enforcement. References in this Article to
18
B.00K-- PAC

"Committee" shall mean Declarant until the Committee is appointed and references to
"Declarant" shall include the Committee once it is appointed, The following architectural
restrictions shall apply to each and every Lot now or hereafter subject to this Declaration.
Section 1. Approval of Plans and Architectural Committee.
(a) No site preparation or initial construction, erection, or installation of any
improvements, including, but not limited to, residences, outbuildings, landscaping, fences,
walls, signs, antennas and other structures, shall be undertaken upon the Lots unless the
plans and specifications therefor, showing the nature, kind, shape, height, materials, and
location of the proposed improvements on the Lot, including but not limited to, the house,
decks, garage, driveway, parking areas, plants, shrubs, trees (including trees to be removed),
marsh and wetland areas,to be disturbed, and any other permanent structures or changes to
be made to the Lot, shall have been submitted to the Committee and expressly approved in
writing. No subsequent alteration or modification which will result in an exterior, structural
change to the residence, outbuilding, or significant changes to the landscaping may be
undertaken on any of the Lots without the prior review and express written approval of the
Committee.
(b) In the event that the Committee fails to approve or disapprove the site
or design of any proposed improvements within sixty (60) days after plans and specifications
therefor have been submitted and received, approval will not be required, and the
requirements of this Article will be deemed to have been fully met; provided, that the plans
and specifications required to be *submitted shall not be deemed to have been received by the
Committee if they contain erroneous data or fail to present adequate information upon which
the Committee can arrive at a decision.
l9
B00K--�� pAr

the Lots during site preparation or constructi6n, erection or installation of improvements to
inspect the work being undertaken and to determine that such work is being performed in
conformity with the approved plans and specifications and in a good and workmanlike
manner, utilizing standard industry methods and good quality materials.
(d) The approval of any such plans, specifications or other items submitted
to the Committee pursuant to this Article VI shall not impose any liability or responsibility
on the Committee or the Association with respect to either the compliance or non-compliance
of any such plans, specifications or other items (including any improvements or structures
erected in accordance therewith) with applicable zoning ordinances, building codes or other
governm enW or quasi -governmental laws, ordinances, rules and regulations or defects in or
arising from such plans, specifications or other items (including, without limitation, defects
relating to engineering matters, structural and design matters and the quality or suitability of
materials).
(c) For so long as Declarant is a Class B member of the Association as
provided in Article III, or until such time as the Declarant notifies the Board of Directors in
writing of its desire to have the Association to elect the members of the Committee, the
Declarant shall serve as the Committee, and shall exercise the authority to approve plans and
other matters set forth in this Article. After Declarant divests itself of all Lots within the
Property, or so notifies the Association, the Committee shall be elected by a majority of the
votes of the Members, cast in person or by proxy, at a meeting duly called for this purpose.
(t) With the submission of the plans and specifications, the Owner must pay
a non-refundable, Architectural Review Fee of $150.00 to the Declarant, so long as the
Declarant is acting as the Committee, or the Association thereafter. The Declarant or the
20

(g) The Declarant will have developed certain architectural plans for houses
in Sea Isle Plantation North, and if an Owner selects one of these plans for construction on
the Lot, then the Owner will not have to have the plans and specifications approved by the
Declarant, and the Owner will submit only a site plan showing the location of the
improvements and the landscaping plan. If the Owner selects one of the Declarant's plans,
then there will be no Architectural Review Fee.
r
(h) To insure that the construction is done according to the plans and
specifications submitted to the Declarant and to insure that the construction site is maintained
in a neat and orderly fashion and cleaned up after construction is completed, the Owner must
also pay at the time of submission of the plans and specifications to the Declarant, a
Compliance Fee of $250.00. Upon notice by the Owner that construction has been
completed, the Declarant shall inspect the improvements, and if constructed in accordance
with the prior approval and the construction site has been kept in a neat and orderly
appearance, the Compliance Fee shall be returned to the Owner. A forfeiture of the
Compliance Fee shall not prevent the Declarant or the Association from seeking any other
remedies it might have if the improvements are not constructed as approved.
Section 2. Rules and Re ations. The Board of Directors of the Association shall
have the power to formulate, publish and enforce reasonable rules and regulations concerning
the use and enjoyment of the Common Areas. Such rates and regulations, along with all
Policy resolutions and policy actions taken by the Board of Directors shall be recorded in a
Book of Resolutions, which shall be maintained in a place convenient to the Owners and
available. to them for inspection during normal business hours.
21

(a) All structures must be built to comply substantially with the plans and
specifications as approved by the Committee, and before any house may be occupied it must
be completely finished and a certificate of completion must have been issued by the local or
state authority empowered to do so.
(b) No building shall he erected, altered, placed or permitted to remain on
any Lot; other than a detached, single family dwelling, not to exceed two (2) stories in height
(exclusive of finished attic space) and a private garage for not more than three (3)
r
automobiles. Any additional building or out buildings which an Owner wants to construct
on a Lot must be approved in writing by the Committee.
(c) No building shall be built, erected or used on a Lot unless it shall
contain living area of at least 1,900 square feet of floor space. The floor space herein referred
to shall be exclusive of garages, porches, breezeways, terraces and basement areas. Said
measurements are to be measured from the outside wall lines. With written approval of
Declarant, a portion of the living space required to comply with the limitations of this
paragraph may remain unfinished.
(d) Main level garages, but not basement level garages, may face either
street on which the residence faces or a side street, and may be attached to, detached from
or built within a residence. Garages shall have a solid or semisolid wall on the street side.
Each Owner must also provide on the Lot at least one additional parkitig space (which may
be on the driveway), not necessarily covered, for off-street parking. If a garage faces a street,
the garage door must remain closed except when a vehicle is entering or exiting the garage.
22
B001�...;.�°��

(f) The Lots which are subject to this Declaration shall not be subdivided,
except that two (2) Lot Owners may subdivide a Lot between them, but only one residence
shall be built on the combined original Lot and subdivided portion of any Lot.
(g) No Lot shall be used as a street or other type of access for any adjoining
tracts of land which are not a part of the property,, and no Lot shall contain any boat launch
or ramp, dock, pier,,boatsiip or other facility for docking or parking any watercraft at a Lot.
(h) All setback requirements shall be as required by applicable zoning
unless otherwise designated on the recorded plat (s). The foregoing not with standing, there
shall be a 75-foot setback from the edge of the water on all waterfront lots. There shall be
no impervious surfaces on any waterfront lot within the 30 feet of the water's edge and only
30 percent of the surface of the area of the 75-foot setback from the water's edge may contain
impervious surfaces.
(i) No business, profession, professional clinic or other trade or business
activity shall be carried on upon any Lot or in any building erected thereon except a Lot
Owner may use one room of the residence as a home office provided there is nothing visible
from outside the residence to indicate a room is being used as an office, nor shall anything
be done thereon which may be or become an annoyance or nuisance to the neighborhood.
Nothing herein shall prevent the Declarant from constructing or using a: residence or mobile
home as a sales model or sales office so long as Declarant owns a Lot.

0) No trailer, basement, tent shack, garage, barn or other outbuilding
erected on the Lots shall be used at any time as a residence, temporarily or permanently, nor
shall any structure of any temporary character be used as .a residence, except this restriction
shall not apply to a finished room or rooms which are a part of a garage. Camping trailers
may be parked on a Lot for storage, but not occupancy, but only if the camping trailer is
owned by the Lot Owner and is screened as required by Subsection (aa) below. This
restriction shall not apply to construction trailers, Declarant's sales office or vehicles used
during the construction of improvements on the Lot.
(k) No stable, barn, or out building shall be erected or allowed to remain
on any Lot for domestic animals. No animals, livestock or poultry of any kind shall be
raised, bred, pastured or maintained on any Lot, except standard household pets which may
be kept thereon in reasonable number as pets for the sole pleasure and purpose of the
occupants but not for any commercial use or breeding purpose, Birds shall be confined to
cages.
(1) No property in the subdivision shall be used for the sale of any items,
including automobiles, nor shall inoperable automobiles, automobiles which are not used on
a regular basis, or other debris, trash or storage items be allowed to accumulate or to remain
on any Lot of the subdivision.
(m) Declarant reserves an easement for, and the right at any time in the
future to grant, rights -of -way for the installation and maintenance of public utilities across,
On or under any Lot along the front, fear and side property lines, but such. rights -of way must
be used so as to interfere as little as possible with the use of the Lot by its Owner. Further,
there is reserved on behalf of Declarant and the standard utility companies for electricity,
telephone, cable, natural gas, and any other standard utility company which has been
24
B0pi :c ':2AI-

approved by the Committee an easement to enter upon the premises to maintain, repair, or
modify existing or future underground facilities, and the 'Owners, or their successors in title
to said Lots, shall in no way interfere with said facilities, or dig up, cut or tamper with said
facilities except at their own peril and in violation of the rights of said utility companies, and
utility companies.. No public utility company or governmental entity or agency shall obtain
any right in the easement reserved herein without an express written and recorded grant
thereof by Declarant. in the event the Property subject to -this Declaration is served by any
underground public utility facilities, the service to structures erected thereon shall be
connected to the underground facility at the pedestals provided for this purpose.
(n) Decorative fencing of good quality may be erected., but the quality, style
and location of said fencing must be approved by the Committee. Fencing must be
maintained in a good state of repair.
(o) No communications or television receiving disc, -antenna or similar item
may be erected or placed on any Lot, or on any building on any Lot, except a satellite disc
less than twenty-four (24) inches in diameter, as aforesaid.
(p) incinerators for garbage, trash or other refuse shall not be used or
permitted to be erected or placed on any Lot. Any and all equipment, coolers, woodpiles,
garbage cans, refuse or storage -piles placed on a Lot (whether temporary or permanent) shall
be screened to conceal same from the view of neighboring lots, roads, streets, or open areas.
Plans for all screens, walls and enclosures must be approved by the Committee prior to
construction. m
(q) No leaves, trash, garbage or other similar debris shall be burned except
as permitted by the appropriate. governmental authority. No garbage, trash, construction
25
bo11 Phi ��

debris or other unsightly or offensive materials shall be placed upon any portion of the Lot,
except as is temporary and incidental to the bona fide improvement of any portion of the Lot.
(r) No lumber, brick, stone, cinder block, concrete or other building
materials, scaffolding, mechanical devices or any other thing used for building purposes shall
be stored on any Lot except for the purpose of construction on such Lot and shall not be
stored on such Lot for longer than the length of time reasonably necessary for the
construction to completion of the improvement in which same is to be used.
(s) - Subject to the provisions of Subsection (t) below, no exposed above-
ground tanks will be permitted for storage of fuel or water or any other substance.
(t) Except with the prior written approval and permission of the
Committee, no water well shall be sunk or drilled on any Lot. However, Declarant reserves
the right to locate wells, pumping stations and tanks within residential areas, on Common
Area, or on any Lot designated for such use on any recorded plat.
(u) No outside radio transmission tower or radio receiving antenna shall be
erected by an Owner, and no outdoor television antenna may be erected or installed if cable
television reception is available to a Lot. if cable television service is not available to a Lot,
then the customary outdoor television receiving antenna may be installed with the prior
approval of the Committee, provided such outdoor antenna shall thereafter be taken down
and removed by the Owner when and if cable television receiving service shall later be
provided.
11

(v) No Owner shall excavate or extract earth ft f
om any o the Lots subject
to this Declaration for any business or comniercial-purpase. No elevation changes shall be
permitted which materially affect surface grade of surrounding Lots.
(w) No outside toilet facility may be constructed or maintained on any Lot
except during construction of improvements on any Lot.
(x) Outside clotheslines and such clothes -handling devices will not be
permitted.
E
(y) Declarant must approve and will provide at the initial Owner's expense,
the initial mailbox for each Lot and all future mailboxes must be of the same design,
construction and color and in the same location unless the changes in design or location are
approved by the Committee.
(z) No sign of any kind whatsoever shall be erected upon or displayed or
otherwise exposed to view on any Lot or any improvement thereon, except for the
Declarant's signs and the initial builder's sign of no more than 9 square feet of surface space
(no subcontractor's signs shall be allowed) for the first time sales and thereafter, customary
"for sale" signs without the prior written consent of the Committee.
(aa) No house trailer, boat, boat trailer, camper, or other such vehicle, trailer,
vessel, whether commercial or recreational, shall be permitted on any Lot unless screened
from the view of adjoining Lots, stroets and Common Areas. It is the intention of this
restriction to prevent the parking of any such vehicles in the parking area of the residence
other than automobiles, pickup trucks or motorcycles.
27

(bb) All motorized vehicles operating on the Property must have proper
mufflers so as to eliminate -noise which might be -offensivb to others. Minibikes and similar
two, three, or four wheeled vehicles are prohibited from being used or operated on or within
the Property, unless the prior written consent of the Committee is first secured.
(cc) No temporary structure shall be permitted on any Lot unless screened
from view of adjoining Lots, streets and Common Areas, provided, however, temporary
buildings and other structures shall be permitted during the construction period of the
dwellings or as a temporary'real estate sales office for the sale of Lots. No garage,
outbuilding or other appurtenant structure shall be used for residential purposes, either
temporary or permanently, except for a finished room or rooms which are a part of the
garage, without the written consent of the Committee.
(dd) Trees may be removed, where nec&ssary, for the construction of
driveways and residences or if located within six (6) feet of the foundation of the house or
garage or swimming pool. All other trees over four (4) inches in diameter measured eighteen
(IS) inches from the surface of the ground shall be retained unless their existence creates a
hazard to the property.
(cc) The use restrictions set forth in this Section 3 listing those items which
may not be maintained on a Lot shall not apply to Lots during the period of construction of
the dwelling unit upon the Lots. As soon as a dwelling unit has been completed on a Lot,
these use restrictions shall immediately apply to the Lot.
(ff) Any wetlands areas designated on a Lot as shown on the recorded plat
of Sea Isle Plantation North must not be disturbed by the Owner without the consent of the
Committee, and at the time of any such request to fill or otherwise disturb any wetlands
28

Consent by the Committee shall not imply any such consent by said authorities and the
Committee shall not be responsible for obtaining any such consent of any such authorities.
Consent by the Committee shall in no way make the Committee or the Association liable to
such authorities for the failure of the Owner to obtain or comply with approvals by the
authorities.
(gg) As required by the Declarant's State Stormwater Management Permit
issued by the North Carolina Department of Environment, Health and. Natural Resources,
Division of Water Quality, the following restrictions shall apply to all Lots:
1. , The allowable built -upon area per Lot is 4,240 square feet,
inclusive of that portion of the right-of-way between the front lot line
and the edge of the pavement; strictures, pavement, walkways of brick,
stone, slate, but not including wood decking.
2. The covenants pertaining to stormwater regulations may not be
changed or deleted without concurrence of the Division of Water
Quality.
3. Filling in or piping of any vegetative conveyances (ditches,
swales, etc.) associated with the development except for average
driveway crossings, is strictly prohibited by any persons.
29
BOOK % [�/ PAGE1�_

Section 4. Residential Use. Each Lot shown on said the plat of the Property
subject to this Declaration shall be used only for private, single-family residential purposes
and for no other purpose whatsoever, unless specifically permitted herein. Boatslips which
are assigned to each Lot shall not be used for any commercial purposes.
Section 5. Hobbies and Activities.,The pursuit of hobbies or other inherently
dangerous or unsightly activities including specifically, without limiting the generality of
the foregoing, -the assembly and disassembly of motor vehicles and other mechanical devices
which might tend to cause disorderly, unsightly or unkempt conditions; the shooting of
firearms, fireworks or pyrotechnic devices of any type or size; and such other activities shall
not be pursued or undertaken on any part of any Lot or the Common Areas without the
consent of the Board of Directors of the Association.
Section 6. Nuisances and Unsi d Materials. Each Owner shall refrain from any
act or use of his Lot which could reasonably cause embarrassment, discomfort, annoyance
or nuisance to the neighborhood. No noxious, offensive or illegal activity shall be carried
on upon any Lot. No Lot shall be used in whole or in part for storage of rubbish of any
character whatsoever; nor shall any substance, thing or material be kept upon any Lot which
will emit foul or noxious odors, or that will cause any noise that will or might disturb the
peace and quiet of the occupants of surrounding property. No trash, rubbish, stored
materials, wrecked or inoperable vehicles or similar unsightly items shall be allowed to
remain on any Lot outside an enclosed, covered structure. However, the foregoing shall not
be construed to prohibit temporary deposits of trash, rubbish and other debris for pickup by
91

the Lot in a neat and orderly mariner. In the event any Gwner.of any Lot fails or refuses to
maintain the improvements and the Lot in a neat and orderly manner or to keep the Lot from
accumulating any of the foregoing unsightly items, weeds or underbrush, the Association
may, at its option, ten (10) days after posting a notice thereon or mailing a notice to said
Owner at his property address requesting Owner to comply with the requirements of this
Section, enter and remove all such unsightly items and growth at said Owner's expense, and
Owner shall be personally liable to the Association for the costs of removal, and the costs,
until paid, and said costs shall be -a permanent charge and lien upon such Lot enforceable to
the same extent and collectible as provided for in Article V, entitled "Covenants for
Maintenance Assessments". By acquiring property subject to these restrictions, each and
every Owner agrees to pay such costs promptly upon demand by the Association, its agents,
assigns, or representatives. NP such entry as provided in this Section shall be deemed a
trespass. The provisions of this Section shall not apply to Lots upon which houses are under
construction.
Section 7. Governmental Re lations. Each Owner shall. observe all governmental
building codes, health regulations, zoning restrictions and other regulations applicable to his
Lot. In the event of any conflict between any provision of any such govertunental code,
regulation or restriction and any provision of this Declaration, the more restrictive provision
shall apply.
Section 8. Other Prohibitions or Re uirements.
(a) No vent or other pipes or appendages may extend from the front of any
residence, unless screened from public view by a screening material or shrubbery approved
by the Committee.
31
j300 PAG �

r�
(b) Any exterior air-conditioning or heating equipment must be screened
from public view by -a screening material or shrubbery approved by the Committee.
(c) Downspouts and gutters must be so constructed so as not to promote the
erosion of the soil of any Lot.
(d) Any outdoor lighting must be shielded so as to cast no direct light upon
adjacent Lots.
(e) As soon as possible, but no later than the issuance of a certificate of
occupancy for a house on a Lot; the Owner of the Lot, at a minimum, must immediately sow
grass seed over all areas that are not natural areas to control erosion. The landscaping plan
previously approved must be c6mpleted within six (6) months of the issuance of the
certificate of occupancy,
(f) The Association reserves the right to impose reasonable rules and
regulations that pertain to the treatment of wildlife, plants, trees, and flora within the
Common Area,
ARTICLE VII
Easements
Section 1. Walks DiJve§_?arking Areas and Utilities. All of the properties,
including Lots and Common Areas, shall be subject to such casements for driveways,
walkways, parking areas, water lines, sanitary sewers, storm drainage facilities, gas lines,
telephone and electric power lines, television antenna lines, and other public utilities as shall
3z

Section 2. Utilities and Drainage. All utility lines of every type, including but not
limited to water, electricity, natural gas, telephone, .sewage and television cables, running
from the main trunk line or service locations must be underground. The Developer reserves
unto itself, its successors and assigns, a perpetual, alienable and releasable easement and
right on, across, over and under the ground to erect, maintain, replace and use water, sewer,
electric and telephone systems, wires, cables, and conduits for the purpose of bringing public
services, including television cable service, to the Lots and Common Areas, said easement
to be within (i) twenty (20) feet of each lot line fronting on a street, (ii) ten (10) feet along
the side lines of each lot, (iii) twenty (20) feet along the rear line of each lot, (iv) the rights
of way of any street or road shown on any recorded plat(s) of the Property, and (v) such other
areas as are shown on any recorded plats of the Property; provided further, that the Declarant
or Association may cut, at its own expense, drainways for surface water wherever and
whenever .such action is required by applicable health or sanitation authorities in order to
maintain reasonable standards of health, safety and appearance. These easements and rights
expressly include the right to cut any trees, bushes or shrubbery, take or add any soil, or to
take any other similar action reasonably necessary to provide economical and safe utility
installation or to maintain reasonable standards of health., safety and appearance.
Section 3. Emer enc : There is hereby reserved without farther assent or permit,
a general easement over the private streets and Common Area to all policemen and security
guards employed by Declarant or the Association, firemen, ambulance personnel and all
similar law enforcement- -and emergency personnel .to enter upon the Property, or any
33
F300 "K � -( PAGE�

j ARTICLE VM
Insurance
Section 1. FidelityInsurance Coverage As a part of the common administration
expense of the Association, the Association may provide for fidelity coverage against
dishonest acts on the part of the officers, directors, management, contractor, employees or
volunteers responsible for handling funds belonging to or administered by the Association
at the discretion of the Board of Directors of the Association. The fidelity bond or insurance
must name the Association as the named insured and shall be written in an amount set by the
Association. In connection with such coverage, an appropriate endorsement to the policy
to cover any person or persons who serve without compensation shall be added if the policy
would not otherwise cover volunteers. If requested by an Owner or mortgageee, such
policies shall additionally provide that the policies cannot be canceled by either the insured
or the insurance company until after ten (10) days prior written notice to all who have
requested such notice.
Section 2. Other Insurance. The Board of Directors of the Association may
purchase and maintain in force as a common expense, liability insurance, debris removal
insurance, plate or other glass insurance, fidelity bonds and other insurance or bonds that it
deems necessary. The Board of Directors of the Association shall purchase and maintain
workmen's compensation insurance to the extent that the same: shall be required by law
respecting employees of the Association.
34
/?—�

ARTICLE -IX
Rights of Institutional Lenders
Section 1, Amendments. The prior written approval of each institutional holder
of a first deed of trust on Lots will be required for any material amendment to the Declaration
or to the Bylaws of the Association which affects the rights of such holders.
Section 2. Professional Management As a part of the common administration
expense of the Association, the Declarant reserves the right to select professional
management of the Association for the period during which Declarant maintains voting
control of the Association_ Declarant is not required to engage professional management,
but may, if Declarant so desires. Following the transfer of voting -control to the Owners
pursuant to Article III, the Owners may vote either to engage professional management for
the Association, or to self manage the Association. Any contract for professional
management shall provide that the Association may terminate said contract on the giving of
not less than ninety (90) days notice.
Section 3. Inspection and Notice. Upon written request, any institution holder of
a first lien on a lot will be entitled to:
(a) inspect the books and records of the .Association during normal business
hours; and - --
(b) receive an annual financial statement of the Association within ninety
(90) days following the end of any fiscal year; and
35
B00 �2� PAGE %&

A written notice of a lapse, cancellation, or material modification of any
insurance policy or fidelity bond maintained by the Association; and
(e) written notice of any proposed action that requires the consent of a
specified percentage of mortgage holders; and
(f) written notice of any sixty (66) day delinquency in the payment of
assessments or charges owed by the Owner of any Lot on which it holds the mortgage.
Section I Condemnation or Default
(a) If any Lot or portion thereof or the'Common Area or any portion thereof
is made the subject matter of any condemnation or eminent domain proceeding or is
otherwise sought to be acquired by a condemning authority, then the institutional holder of
any mortgage on a Lot will be entitled to timely written notice of any such proceeding or
proposed. acquisition.
(b) The holder of a mortgage on any Lot shall be given prompt written
notice of any default in the mortgagor's obligations hereunder which are not cured within
thirty (30) days of said default, provided that the holder shall have given written notice to the
Association that it is a holder as to -the Lot of such mortgagor and shdll have requested the
notice of default as herein set forth.
IN

- .
ARTICLE X
General Provisions
Section 1. Duration. The foregoing restrictions shall be construed to be covenants
running with the land and shall be binding and effective for thirty (30) years from the date
of recording, at which time they shall be automatically extended for successive periods of
ten (10) years each unless it is agreed by the vote of a majority in interest of the then Owners
of the above -described property to change, amend or revoke the restrictions in whole or in
part. Every purchaser, owner or subsequent grantee of any interest in any property now or
hereafter made subject to this Declaration, by acceptance of a deed or other conveyance
therefor, thereby agrees that the covenants and restrictions of this Declaration may be
extended as provided in, this Article.
Section 2_ Amendment. This Declaration may be amended unilaterally at any time
and from time to time by Declarant (i) if such amendment is necessary to bring any provision
hereof into compliance with any applicable governmental statute, rule, or regulation or
judicial determination which shall be in conflict therewith; or (ii) if such amendment is
necessary to enable any reputable title insurance company to issue title insurance coverage
with respect to the Lots subject to this Declaration; or (iii) if such amendment is required by
an institutional or governmental lender or purchaser of mortgage loans, including, for
example, the Federal National Mortgage Association or Federal Home Loan Mortgage
Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the
Lots subject to this Declaration; or- iv) if such amendment is necessary to enable any
governmental agency or reputable private insurance company to insure mortgage loans on
the Lots subject to this Declaration; provided, however, any such amendment shall not
adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto
37
BOOK PAGE=

in writing. Further, so long as Declarant is a Class B member of the Association as provided
in Article III, Declarant may unilaterally amend Arts D6clarati.on for any other purpose so
long as said amendment is not inconsistent with the common plan or scheme of development;
provided, however, any such v amendment shall not materially or adversely affect the
substantive rights of any Lot Owner hereunder, nor shall it materially or adversely affect title
to any Lot without the consent of the affected Lot Owner.
In addition to the above, this Declaration may be amended upon the affirmative vote
or written consent, or any combination thereof, of at least seventy percent (701/o) of the
Owners during the first twenty (20) year period and of at least sixty percent (60%) of the
Owners thereafter, and with the consent of the Declarant, so long as Declarant is a Class B
member of the Association as provided in Article Ill.
Every purchaser or subsequent grantee of any interest in any property now or hereafter
made subject to this Declaration by acceptance of a deed or other conveyance therefor,
hereby agrees that the covenants and restrictions of this Declaration may be amended as
provided in this Article.
Section 3. Procedure for Certification and Recordation of Amendment. Any
instrument amending these covenants, conditions, and restrictions (other than a permitted
unilateral amendment by the Declarant, or an amendment by the Board of Directors to correct
an error or inconsistency in drafting, typing or reproduction) shall be delivered, following
approval by the owners, to the Board of Directors of this Association. Thereupon, the Board
of Directors shall, within tzirty'(30) days after delivery, do the following:
(a) Reasonably assure itself that the amendment has been approved by the
Owners of the required number of Lots as provided in- Section 2 of this Article. (For this

purpose, the Board may rely on its roster of members and shall not be required to cause any
title to any Lot to be -examined);
N Attach to 'the amendment a certification as to its validity, which
certification shall be executed by the Association in the same manner that deeds are executed.
(c) Immediately, and within the thirty (3 0) day period 'aforesaid, cause the
amendment to be executed by the Association's officers in the same manner that deeds are
executed, and recorded in the Carteret County Registry.
All amendments shall be effective from the date of recordation in the Carteret County
Registry, unless a later effective date is specified Iherein. When any instrument purporting
to amend the covenants, conditions and restrictions has been certified by the Board of
Directors, recorded and indexed as provided by this Section, it shall be conclusively
presumed that such instrument constitutes a valid amendment as to the Owners of all Lots
in this development.
Section 4, Enforcement. If any person, firm or corporation shall violate or
attempt to violate any of these Restrictions, it shall be lawful for the Association or for any
Other person, firm or corporation owning any property to bring an action against the violating
Party at law or in equity for any claim which these restrictions may create in such other
Owner or interested party either to prevent said person, firm or corporation from so doing
such acts or to recover damages for such violation. The violating party shall be responsible
for all costs and attorneys' fees 'inctured by the Association or such other Owner in such
action. Any failure by the Association or any Owner to enforce any of said covenants and
restrictions or other provisions shall in no event be deemed a waiver of the right to do so
thereafter., Invalidation of any one or more of these Restrictions by judgment or court order
39

Section 5. Delegation and Assignabft. Declarant shall at all times and from time
to time have the right to delegate any and all functions herein reserved to Declarant. Further,
notwithstanding any other provision contained herein to the contrary, Declarant shall have
the right at all times and from time to time to fully transfer, convey and assign all or any part
of its right, title and interest (whether real or personal) in and to Common Areas; provided,
however, that any transferee, grantee or assignee shall be deemed to have assumed the same,
in the event of any such sale, transfer or conveyance, subject to the terms and conditions of
this Declaration. Declarant shall not, however, be liable to any person for any injury or loss
resulting from failure of performance or negligent performance of Declarant's obligations
under these covenants arising after such sale, transfer or conveyance.
Section 6. Conflicts. In the event of any irreconcilable conflict between the
Declaration and the Bylaws of the Association, the provisions of this declaration shall
control. In the event of any irreconcilable conflict between this Declaration or the Bylaws
of the Association and the Articles of Incorporation of the Association, the provisions of the
Articles of incorporation shall control,
Section 7. Headings and Binding Effect. Headings are inserted only for
convenience and are in no way to be construed as defining, limiting, extending or otherwise
modifying the particular sections to which they refer. The covenants, agreements and rights
set forth herein shall be binding upon and inure to the benefit of the respective heirs,
MI
PAC
use ,:,"

executors, successors and assigns of the Declarant and all persons claiming by, through and
or under Declarant.
Section $. Unintenti0naL Violation of Restrictions. In the event of an unintentional
or minor violation of any of the foregoing restrictions with respect to any Lot, the Declarant
or its successors reserves the right (by and with the mutual written consent of the Owner or
Owners for the time being of such Lot and of the Board of Directors of the Association) to
change, amend, or release any of the foregoing restrictions as the same may apply to that
particular Lot,
ARTICLE XI
Dissolution or Insolvengy of the Association
In the event that the Association becomes insolvent or for any reason whatsoever loses
the ownership of any of the private streets, if any, or Common Areas, the Owners of Lots
having an interest in such Common Areas and private streets may, at their election as
determined by majority vote of those affected, form a nonprofit corporation as provided in
the Articles and Bylaws of the Association and assign to it the duty and authority to assess
on a per Lot basis all Lots having an interest in such Common Areas and private streets
whereupon such corporation shall maintain such Common Areas and private streets in the
same manner that the Association is empowered to do by this instrument with the same right
of lien for assessments provided for herein.
IN WITNESS WHEREOF, the Declarant has caused this Declaration of Covenants,
Conditions and Restrictions to be duly signed on the following page, the day and year first
above written.
41
BOOPA F -221-

VISION PROPERTIES, L.L.C_
a North Carolina. Limited Liability Company(SEAL)
(SEAL)
L. Wayne Y ugh, Member Manager
STATE OF NORTH CAROLINA )
COUNTY OF-F�� ean� j
I, a Notary Public; do hereby certify that L.
Yarbrough, Member "Man of Vision Properties, L. L. C., personally eared before.me
this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and notarial stamp or seal, this `day of99,71v <
COIn1I11SSi •i � '',• �,` `, •. t,
My on expires:
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
The foregoing certificate of0, a Notary Public of�(
is certified to be ' due fo accord' g to law. L e d deed of 1st and ceri�f to
be registered. / �� ���, - - �' lid .
c/ �,
This/�/ day o , 1997.
Register f Deeds
Carteret
ALLMAN-43646-1 42

I�3ro�.a( S tI
r
�Veua f ern, A) c 2-e6 43
NORTH CAROLINA } FIRST AMENDMENT TO DECLARATIO,N•'
OF COVENANTS, CONDITIONS:AND
CARETERET COUNTY) RESTRICTIONS FOR SEA ISLE
PLANTATION NORTH XS "I'E3
LOT 35
THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR SEA ISLE PLANTATION NORTH, made this
aa_��-day of 1998, by VISION PROPERTIES, L.L.C., a North Carolina
limited liability company, having its principal office in Forsyth County, North Carolina
(hereinafter referred to as the "Declarant");
WITNESSETII:
WHEREAS, Declarant caused to be recorded in Book 799, .Page 784, Carteret
County Registry, a Declaration of Covenants (hereinafter referred to as the "Declaration"),
which established certain Restrictions, Covenants and Conditions for the property shown oil
the plat of Sea Isle Plantation North recorded in Plat Book 29, Pages 144 and 145, Carteret
County Registry (hereinafter referred to as "Sea Isle");
WHEREAS, Section 3 of Article VI of the Declaration contains certain Use
Restrictions on the lots which require residential Uses of the lots in Sea Isle;
WHEREAS, Carolina Telephone and Telegraph Company (hereinafter
referred to as "Carolina"), has requested that it be permitted to purchase Lot a5 in Sea Isle
to use said lot for a telecommunications switching station or sub -station;
WHEREAS, the Declarant, after examining Carolina's plans for the
telecommunications switching station or sub -station, has determined that the station or sub-
station would be beneficial to the general community of Carteret County and would not be
detrimental to the common plate or scheme of development of Sea Isle, and therefore agreed
to temporarily waive the requirements of the Declaration as to Lot 35 to permit the
construction of the telecommunications switching station or sub -station on said lot so long
as Carolina owns Lot 35 and complies with certain restrictions; and
i WHEREAS, Article X of the Declaration provides that the Declaration may
be amended unilaterally by the Declarant so long as the Declarant is a Class B member of
the Association.

NOW, THEREFORE, pursuant to its unilateral powers, the Declarant is
authorized and does hereby amend the Declaration of Covenant, Conditions and Restrictions
recorded in Deed Book 799, Page 784, Carteret County Registry, as to Lot 35 and only Lot
35, as follows:
So long as Carolina Telephone and Telegraph Company owns Lot 35 and uses Lot 35
as a telecommunications switching station or sub -station, and so long as Carolina
complies with the following conditions, any restrictions contained in the
Declaration recorded in Book 799, Page 784, Carteret County Registry which would
prevent the use of Lot 35 as a telecommunications switching; station or sub -station,
are hereby temporarily waived:
There can be only one, single story building constructed on Lot 35 and
said building can be no larger than 16 feet by 10 feet, exclusive of the
stoop and steps. The said building can only be used as a
telecommunications switching station or sub -station. The exterior
construction and color of the building; must conform and blend in with
other buildings in Sea Isle, and all lines and cables of all types located
on Lot 35 must be underground.
2. Said building; will be constructed as near as possible in the center of
Lot 35. The building will be constructed on a concrete slab unless the
building site is located within a flood hazard area. If the building has
to be constricted on pilings, the over all height of the building and
pilings must be approved by the Declarant.
No more than a fifty (50) foot by sixty (60) foot area may be cleared of
trees or other vegetation for the construction and maintenance of the
building and the driveway around the building. No more than a sixteen
(16) foot by one hundred and ten (110) foot area may be cleared of
trees or other vegetation for the driveway access from North Carolina
Highway 58 to the cleared area for the building. No other trees or
vegetation shall be removed without the written consent of the
Declarant.
4. Access to Lot 35 shall only be from North Carolina Highway 58 and no
access, specifically including construction and maintenance vehicles,
shall be permitted from Sea Isle Plantation Drive. The driveway and
turn around area must be graveled and properly maintained in a neat
and orderly manner at Carolina's expense at all time.
5. No towers, antennas, satellite disks, or other transmitting or receiving
devices shall be permitted on Lot 35, unless it is wholly contained
within the building.
2 BOOK _.j4PAG d�6

6. Any outside lighting or security lights shall be use so as not to be
directed toward any other lots, and the location, wattage, and direction
of such lighting must be approved by the Declarant.
7. A site -plan showing the full dimensions of the building; the location of
the building on the lot and location of all above -ground improvements;
the exterior construction, color and finish of the building; the location
of the driveway from NC Highway 58; the outside lighting location and
coverage area; and the landscaping plan must be submitted to the
" Declarant prior to any work on Lot 35 for the Declarant's written
approval.
8. Upon any sale, transfer or assignment of title to Lot 35, whether
voluntary or involuntary or by operation of law, other than a leasehold
interest of three (3) years or less not containing an option to purchase
or other than a transfer to a related entity or a merger or acquisition of
Carolina by another entity and which will carry on the same business
as Carolina, to any person or entity shall terminate this waiver and Lot
35 will then have to comply with all terms and conditions of the
Declaration and be subject to the enforcement provisions therein.
9. If Carolina violates any of the conditions of this waiver for a period of
30 days after written notice of said violation to Carolina from the
Declarant, the Declarant may revoke this waiver by recording a notice
of revocation in the office of the Register of Deeds for Carteret County,
North Carolina, and Lot 35 must immediately comply with all
requirements of the Declaration.
EXCEPT AS WAIVED HEREIN, all other terms and conditions of the
aforesaid Declaration shall remain as stated.
IN WITNESS WHEREOF, the Declarant has caused this instrument to be
executed by authority duly given the day and year first above written.
VISION PROPERTIES, L.L.C.,
a North Carolina limited liability company,
Declarant
BY.
L, Wayne Yarbrough, Member Manager
BOO K- ?A 4- PAGE alp f

STATE OF NORTH CAROLINA }
COUNTY OF FORSYTH }
I, • 40,"--x­1 a Notary Public, do hereby certify that L. Wayne
Yarbrough, ember Manager of Vision Properties, L. L. C,, Declarant, personally appeared
before me this clay and acknowledged the due execution of the foregoing instrument,
Witness my hand and notarial stamp or seal, this 30 day of Aloice�, 1998,
ON16AL GEAL
My commission expires: - PNGJ� J. dWgcq
NOtARY PUOVC. r,WrR wtou,,, o ary Publi
6)WWrrrr0CKfflry
EviCs C*OL 6, /999
STATE OF NORTH CAROLINA }
}
COUNTY OF CARTERET }
The foregoing certificate of , a Notary Public of
is certified to be in due form arrd according to law. Let the said deed of trust and certificate
—be registered.
This day of , 1998.
t+IORYH CAROUNA, WATF T COUN
yhe foregoing certikate(s) of F_ -�---
is (are) certified to bQ Correct. P"i slr:ro���r!! waa rrcj•
tented r pgistrati n Ind rduordcd in �� utiice W
pookPA e 1
ihls ' '�day 01
AAnl�rir� .�rth!Jr
ALLMAN-76229-r
Register of Deeds
Carteret Couiq

THIS SECOND AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTibI TS FOR SEA ISLE PLANTATION NORTH,, made this "
clay of _ ,7,10AJ P_ _, 2000, by VISION PROPERTIES, L.L.C., a North Carolina
Iimited liability company, having its principal office in Forsyth County, North Carolina,
hereinafter referred to as the "Declarant";
WITNESSETH:
WI-MREAS, the Declarant caused to be recorded in Book 799, Page 784,
Carteret County Registry, a Declaration of Covenants, hereinafter referred to as the
"Declaration", which established the Sea Isle Plantation North Homeowners Association
(hereinafter "Association") and certain restrictive covenants on the property described
therein;
y^�9 (qg7
WHEREAS, the Declarant has acquired an additional tract of land containing
approximately 13 acres of land which tract adjoins and lies immediately west of the Sea Isle
Plantation North property and which tract of land is more particularly described in Deed
Book 869, Page 194, and Deed Book 879, Page 437, Carteret County Registry, the said
adjoining tract being hereinafter referred to as the "Adjoining Property");
WHEREAS, the Declarant believes that it would be in the best interest of the
Association to make the Adjoining Property a part of the Association;
WHEREAS, the Declarant desires to amend the Declaration by amending
Article 11 of the Declaration to include the Adjoining Property as being a part of the
properties subject to the Declaration; and
WHEREAS, Article X, Section 2 of the Declaration provides that the
Declaration may be amended upon the affirmative consent of seventy percent (70%) of the
owners;
NOW, THEREFORE, after obtaining the written consent of more than 70%
of the owners of Sea Isle Plantation North (see copy attached hereto as Exhibit A), the
103973.1
A("

Declarant was authorized and does hereby amend the Declaration of Covenant, Conditions
and Restrictions recorded in Deed Book 799, Page 7$4, Caarteret County Registry, as follows:
Article II of the Declaration shall be amended by adding the' following
paragraph to the existing paragraph of Article II:
"In addition to the property described above, the following property shall be
held, transferred, sold, conveyed, and occupied subject to this Declaration: that
certain property which is located in Indian Beach, Carteret Coupty, North
Carolina, -and is described as Being _. that certain tract 'Containing
approximatelyl3 acres located immediately west of the property. described
above and being more particularly described in Deed Book 869, Page 194 and
Deed Book 879, Page 437, Carteret County Registry."
EXCEPT AS AMENDED HEREIN, all other terms and conditions of the
aforesaid Declaration shall remain as stated.
IN WITNESS WHEREOF, the Declarant has caused this instrument to be
executed by authority duly given the day and year first above written.
VISION PROPERTIES, L.L.C.,
a North Carolina limited liability company
Managing Member
rn
n
103973.1 7 BOOK L�-Cd�L „ r /

NORTH CAROLINA )
COUNTY OFTBRSY44 }
a Notary Public
of (A ,� County, North Carolina, rtify that W-Va4,nLe
Managing Member of Vision properties, L.L.C. personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
Witness m hand and official stamp or seal, this %�"" day of l-OLe
Y p Y , .,
2000."`
Notary Public Vj
My commission expires:
E ,,._' •�
103973.1
Melanie Arthlrr 40P
Carteret Cot.tnt: Rviligtor of Deeds
CS Date 06/23/2 QQ0 Timer 10: 53:00
GI: 885447 Palle 1 of 40
NORTH CAROLINA, CAITTu( m' COUNTY
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Drawn by; D,M. vonCannon
Winston-Salem, NC
NORTH CAROLINA
CARTERET COUNTY
PO Box 408
Indian Beach,
THIRD AMENDMENT TO DECLARATION
OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR
SEA ISLE PLANTATION NORTH
THIS THIRD AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR SEA ISLE PLANTATION NORTH, made
this �q day of September; 2000, by VISION PROPERTIES, L.L.C., a North Carolina
Limited Liability Company, having its principal office in Forsyth County, North Carolina,
hereinafter referred to as the `-`Declarant";
WITNESSETH:
WHEREAS, the Declarant caused to be recorded in Book 799, page 784, Carteret
County Registry, a Declaration of Covenants, hereinafter referred to as the "Declaration",
which established the Sea Isle Plantation North Homeowners Association (hereinafter
"Association") and certain restrictive covenants on the property described therein; and
WHEREAS, ZMC PROPERTIES, LLC, has acquired a. tract of land containing
approximately 13 acres of land which tract adjoins and lies immediately west of the Sea Isle
Plantation North property and -which tract of land has been subdivided into ,19 lots all as
more particularly shown on those plats entitled "SEA ISLE PLANTATION PHASE TWO,
SECTION ONE, LOTS 1 THRU 12" of record in Map Book 29, page 768 and "SEA ISLE
PLANTATION PHASE TWO, SECTION TWO, LOTS 13 THRU 1.9" of record in Map
Book 29, page 813, Carteret County Registry, the said adjoining tract being hereinafter
referred to as the "Adjoining Property");
WHEREAS, the Declarant believes that it would be in the best interest of the
Association to make the Adjoining Property a part of the Association;
WHEREAS, the Declarant desires to amend the Declaration by amending Article H
of the Declaration to include the Adjoining Property as being a part of the properties subject
to the Declaration; and
WHEREAS, Article X, Section 2 of the Declaration provides that the Declaration 0
112656.1- BOOK-- 9-0 1 _, PAGE - ��:

may be amended upon the affirmative consent of seventy percent (70%) of the owners;
NOW, THEREFORE, after obtaining the written consent of more than 7.0% of the
owners of Sea Isle Plantation North (see attached Certification by Board of Directors of the
Sea Isle Plantation North Homeowners Association attached hereto as Exhibit "A"), the
Declarant was authorized and does hereby amend the Declaration of Covenants, Conditions
and Restrictions recorded in Book 799, page 784, Carteret County Registry, as follows:
Article II of the Declaration shall be amended by adding the Tollowing
paragraph to the existing paragraph of Article II:
"In addition to the property described above, the following property shall be
held, transferred, sold, conveyed, and occupied subject to this Declaration: that
certain property which is located in Indian Beach, Carteret County, North
Carolina, and is described as being that certain tract containing
approximatelyl3 acres located immediately west of the property described
above and being more particularly described on those plats entitled "SEA ISLE
PLANTATION PHASE TWO, SECTION ONE, LOTS 1 THRU 12" of record
in Map Book 29, page 768, and "SEA ISLE PLANTATION PHASE TWO,
SECTION TWO, LOTS 13 TI-IRU 19" of record in Map Book 29, page 813,
Carteret County Registry."
EXCEPT AS AMENDED HEREIN, all other terms and conditions of the
aforesaid Declaration shall remain as stated.
IN WITNESS WHEREOF, the Declarant has caused this instrument to be
executed by authority duly given the day and year first above written.
VISION PROPERTIES, L.L.C,,
a North Carolina limited liability company
BY: --
Managing Member
112656.1 �-���
BOO FAG

NORTH CAROLINA
CERTIFICATION OF VALIDITY
CARTERET COUNTY
Sea Isle Plantation North Homeowners Association by and through its! Board of
Directors; having reasonably assured itself that the attached Amendment has been approved
by the owners of the required number of lots as provided in Section Two of the Declaration
of Covenants in Book 799, page 784, Carteret County Registry, hereby certifies that the
requirements for the attached Amendment have been satisfactorily met.
This day of September, 2000.
SEA ISLE PLANTATION NORTH HOMEOWNERS
ASSOCIATION
By: - '\ -
L. Wayne Yarbrough,
President/Chairman of the Board
NORTH CAROLINA
COUNTY OF
I, a Notary Public of the County and State aforesaid, certify that L• Wayne
Yarbrough, President and Chairman of the Board of Sea Isle Plantation North Homeowners
Association, personally appeared before me this day and acknowledged the execution of the
foregoing instrument.
Witness my hand and official stamp or seal, this fi' clay of September, 2000.
Notary Public
on Expith':.-.. ,

r
NORTH CAROLINA }
COUNTY OF &�
I, a Not Public
> �Y
odd&i County, North Carolina, certi#Y that
Managing Member of Vision Properties, L.L.C. personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official stamp or seal, this clay of.�'
2000.
Notary Public <<'A + ►; :,,:` rk''';; j
My commission expires:
NORTH CAROLINA, CAMERET COUNTY
The foregoing certirk-ate(s) of Notary Publics) Wars
rertillod to be correct. This instrument z and this cerW&
rate are duly regislOrOd at tho date '!Pi I'mo ::d
tt►e Book and Page 5' ,,\vn an the its ,t a r;e naveol.
i o,M h.q r,, R q gists(!°
ufoaCODA
112656.1 .B00 — "." PAGE/

.i•
.-L
Drawn by: D.M. VonCannon
Winston-Salem, NC
NORTH CAROLINA
CARTERET COUNTY
Holaiii0 Arthur 2p
cartpret C01111ty fpgiY,- er of beads
CS Oato 09/19/i boo 7i.nte 15:40:00
PO Box 408 OR 891019 Page 1 of a
Indian Beach, NC 28575
ANNEXATION OF PROPERTY TO .
} y DECLARATION OF CONDITIONS
} AND RESTRICTIONS FOR
SEA ISLE PLANTATION NORTH
THIS ANNEXATION AGREEMENT, made this day of September, 2000, by
ZMC PROPERTIES, L.L.C., a North Carolina Limited Liability Company, having its
principal office in Wake County, North Carolina, hereinafter referred to as the "Declarant";
WITNESSETH:
WHEREAS, VISION PROPERTIES, L.L,C., acquired certain property in Morehead
Township, Carteret County, North Carolina, and caused to be recorded a Declaration of
Covenants, Conditions and Restrictions for Sea Isle Plantation North (hereinafter referred
to as the "Declaration") recorded in Book 799, page 784, Carteret County Registry;
WHEREAS, VISION PROPERTIES, L,L.C., by a Third Amendment to the
Declaration, obtained the right to annex this additional property and make said property
subject to the aforesaid Declaration and a part of the Sea Isle Plantation North Homeowners
Association;
WHEREAS, the Declarant now desires to subject additional property to the
Declaration as aforesaid; and
WHEREAS, the property which is annexed is more particularly described as: "SEA
ISLE PLANTATION PHASE TWO, SECTION ONE, LOTS 1 THRU 12" of record in Map
B ook 29, page 768 and "SEA ISLE PLANTATION PHASE TWO, SECTION TWO, LOTS
13 THRU 19" of record in Map Book 29, page 813, Carteret County Registry.
NOW, THEREFORE, Declarant hereby declares that all of the property described
above shall be held, sold, and conveyed subject to the easements, restrictions, covenants, and
conditions set forth in the Declaration recorded in Book 799, page 784, Carteret County
Registry, as amended, and said lots and,common area shown on the aforesaid plats shall
become part of Sea Isle Plantation North Homeowners Association, and the conditions and
requirements of the said Declaration shall run with the real property and shall be binding on
all parties having any right, title or interest in the above -described property or any part
112654.1
Boy :;PAGE �9 ��

ti
thereof and shall be binding upon their heirs, successors, and assigns, and shall inure to the
benefit of each owner thereof.
Notwithstanding the foregoing, the above -described property which is annexed into
the Sea Isle Plantation North° Homeowners Association shall be subject to different
impervious surface requirements than the requirements stated in paragraph (gg) of Section
3, Article VI. The above -described lots which are annexed by this Annexation Agreement
shall be subject to the requirements of the North Carolina Department of Natural Resources,
Permit No. SW8 991108 Modification, Sebastian Tract Subdivision as more p.rticularly
shown on that Declaration of Stormwater Restrictions of Sea Isle Plantation for Lots 1
through 19, Map Book 29, page 768 and Map Book 29, page 813, Carteret County Registry,
of even date herewith.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed
by authority duly given the day and year first above written..
ZMC PROPERTIES, LLC,
a North Carolina Limited Liability Company
By:
Managing Partner
NORTH CAROLINA )
}
COUNTY OF )
I, a Notary Public of the County and State aforesaid, certify that
Managing Partner of ZMC Properties, LLC, personally appeared
before me this day and acknowledged the execution of the foregoing instrument.
Witness my hand and official stamp. or seal, this Lq --day of September, 2000.
thereof and shall be binding upon their heirs, successors, and assigns, and shall inure to the
benefit of each owner thereof.
Notwithstanding the foregoing, the above -described property which is annexed into
the Sea Isle Plantation North° Homeowners Association shall be subject to different
impervious surface requirements than the requirements stated in paragraph (gg) of Section
3, Article VI. The above -described lots which are annexed by this Annexation Agreement
shall be subject to the requirements of the North Carolina Department of Natural Resources,
Permit No. SW8 991108 Modification, Sebastian Tract Subdivision as more p.rticularly
shown on that Declaration of Stormwater Restrictions of Sea Isle Plantation for Lots 1
through 19, Map Book 29, page 768 and Map Book 29, page 813, Carteret County Registry,
of even date herewith.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed
by authority duly given the day and year first above written..
ZMC PROPERTIES, LLC,
a North Carolina Limited Liability Company
By:
Managing Partner
NORTH CAROLINA )
}
COUNTY OF )
I, a Notary Public of the County and State aforesaid, certify that
Managing Partner of ZMC Properties, LLC, personally appeared
before me this day and acknowledged the execution of the foregoing instrument.
Witness my hand and official stamp. or seal, this Lq --day of September, 2000.
. Notary
Public
My Commission Expires:.
,�,ri "" °;1 �,,,
NORTH CAROLINA, CARTFREi
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The foregoing cartiiicat;.(s) of !-i,."rwr %`ubiic(s} War9
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ceriirlgd to be corrzct. Thi; i^. :t :,,,,' :, E certit3•
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Drawn by: D.M. VonCannon PO Box 40$
Winston-Salem, NC Indian Beach, NC 285 lathe A-Pthur
rteret Caunty Registor of Deeds
CS Date 09/19/p000 Time 15:40:00
NORTH CAROLINA ) G • A91(??0 Page I of 2
CARTERET COUNTY
DECLARATION Or STORMWATER RESTRICTIONS
OF SEA ISLE PLANTATION PHASE TWO, SECTION ONE, LOTS 1 THRU
12, MAP BOOK 29, PAGE 768 AND SEA ISLE PLANTATION PHASE TVYO,
SECTION TWO, LOTS 13 THRU 19, MAP BOOK 29, PAGE 813
Know all men by these presents: That this Declaration of Stormrwater Restrictions is made
and entered into on this _ All-'_ day of September, 2000, by the undersigned owners of those lots in
Sea Isle Plantation Phase Two, Section One, Lots 1 thru 12, as shown by that plat of record in Map
Book 29, page 768, and Sea Isle Plantation Phase Two, Section Two, Lots 13 thru 19, Carteret
County Registry;
WITNESSETH.
That whereas, the undersigned are the owners of lots in Sea Isle Plantation and whereas, the
Division of Environmental Management of the State of North Carolina Department of Environment
Health, and Natural Resources has required that certain restrictions concerning a state stormwater
management permit -low density development be made restrictions on said'lots;
Now, therefore, as required by the Division of Environmental Management, and for other
valuable consideration, the undersigned lot owners declare that said lots shall be held, owned,
transferred, sold, conveyed, possessed and occupied subject to the following restriction:
No more than 4,700 square feet of lots 1,2,3,4,5,and 11 and no more than 4,600
square feet of lot 19, no more than 5000 square feet of lots 9,12,13,14, and 16, no
more than 5600 square feet of lot 15, no more than 6000 square feet of lots 7 and 8,
no more than 6500 square feet of lots 6,10,17 and -18, including that portion of the
right-of-way between the edge of pavement and the front lot line shall be covered by
0_:6�
impervious structures, including asphalt, gravel, concrete, brick, stone; slate or

similar material, not including wood decking or the wafter surface of swimming
pools.
This covenant is intended to ensure continued compliance with the stormwater permit issued
by the State of North Carolina. The covenants may not be changed or deleted without the consent
of the State. No one may fill in or pipe any roadside or lot -line swale, except as necessary to provide
a minimum driveway crossing. For curb and gutter projects, no one may pipe, fill in, or alter any lot
line swale used to meet North Carolina Stormwater Management Permit requirements. The State of
North Carolina or any of its agencies shall have standing under this document to enforce the
compliance of said regulation under the terms as set forth herein.
In witness whereof, the undersigned has caused this instrument to be executed by authority
duly given the day and year first above written.
ZMC PROPERTIES, LLC,
a North Carolina Limited Liability Company
By: !�
Managing Partner
NORTH CAROLINA )
COUNTY OF r )
I, a Notary Public of the County and State aforesaid, certify that
... ..... , Managing Partner .of ZMC Properties, LLC, personally
appeared before me this day and acknowledged the execution of the foregoing instrument.
Witness my hand arld official starnp_oz seal, this /V '-` day of September, 2000. �
Notary Public
' L'" 4'>. •'_` :. " NQM CAFTOUNA, CAATERET COUNTY �
My Com issio Ex fires: ;,� " �� ".: T 00f regoing certificates) of Notary Public(s) ts/an3
(� (�.� t :�ettifed to -be correct. This instmmcn't and this car#ifi-
"� �cate-are duy registorad at ti.a t� 1nij Limo an ih
y , fire Sook and Page M;,rvr• c r dago. %xreof.
BOO

J�u�aco
�Y 1 �
a I8 SQa, )31v_ ?0\4
'e)ecjjc , KC
a:9st �,
FILE # 1749221
R REGISTRATION REGISTER OF DEEDS
Karen 8, Hardesty
Carteret County, NC
December 9, 2021 11 A 6 AM
MARY ADMT 6 P
F&E: $28.00
FILE # 1749221
FIFTH AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR SEA ISLE PLANTATION -NORTH
The members of the Association of Sea Isle Plantation North, as a result of a vote conducted at
the virtual annual meeting of the Association held by mail as of December 1, 2020, hereby amend the
Declaration of Covenants, Conditions and Restrictions for Sea Isle Plantation North pursuant to Article X
as follows:
Article IV, Section 2(gg) (1) is hereby deleted its entirety and replaced with the following:
1. The allowable built --upon area (`BUA") per Lot is set forth in the table attached
hereto as Exhibit A. Impervious area for the entire community is allocated asset forth in the table
attached hereto as Exhibit B.
Permeable Pavers are allowed at zero contributing impervious Area to SW
Permit No: 5W8 960524 when they are installed per the following instructions:
a. If credit for infiltrating permeable pavement is desired, the lot owner must submit an
.application along with supporting documentation, listed below, to the permittee (HOA)
or his designated representative and receive approval prior to construction of the
infiltrating permeable pavement, meeting the most current minimum design criteria,
15A NCAC 02M.1050.MDC for All Stormwater Control Measures and 15A NCAC 02H.1055
MDC for Permeable Pavement.
a completed and signed Standard Process Application Form. This form may be
obtained on the Division's website;

ii. a location map with street names and SR numbers to the nearest intersection,
with 1, 2, or 3 digit road numbers, legend, and north arrow. This map is not
required to be to scale;

iii. signed, sealed, and dated calculations that the permeable pavement is capable
of infiltrating the 1.5-inch design storm;
iv. the most current permeable pavement supplement;
V. signed, sealed, and dated plans of the entire site -that are at a legible scale. All
plan packages shall include:
1. project name, designer, and dates;
2. dimensioned projector project phase boundary with bearings and
distances;
3. the boundaries of all surface waters, wetlands, regulatory flood zones,
protected vegetated setbacks, and protected riparian buffers, or a note
on the plans that none exist;
4. proposed contours and drainage patterns;
5. site layout showing all existing and proposed built -upon areas;
6. location and dimensions of the permeable pavement;
vi. a signed and notarized operation and maintenance agreement.
vil. For infiltrating permeable pavement systems, a site -specific soil investigation
shall be performed and report provided to establish the hydraulic properties and
characteristics within the proposed footprint and at the proposed elevation of
the permeable pavement system.
b. Upon completion of the infiltrating permeable pavement, a copy of the Designer
Certifications must be provided to the permittee.
c. Prior to. the sale or ownership transfer of any lot where permeable pavement has been
installed to a new owner, the permittee shall ensure the seller provides a copy of the
previously approved permeable pavement application package and the completed
Designer's Certifications to the buyer. The permittee shall also require the buyer to sign
an Operation and Maintenance Agreement prior to closing. .
2. Except as otherwise expressly set forth herein, all other terms and conditions set forth in
the Covenants, as amended, remain unchanged and in full force and effect.
1

The undersigned certifies that more than seventy percent (70%) of the Association members
have voted in favor of the terms of this Fifth Amendment.
-Signature and Notary Block on following page -
Michael R. Warren, President
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
i, A 1F (mil P-1 2 K AID 0 "'2 , A Notary Public, do hereby certify that Michael R.
Warren personally appeared before me this day and acknowledged the due execution of the foregoing
instrument,
Witness my hand and notarial stamp or seal, this_. day of 2021.
My Commission Expires; �' �Pl 2—`7., 2 L72S—
1 o3Lay
Notary Public' •:'•

EXHIBIT A
SW8 960524 - Sea Isle Plantation North (A&B) - devised Impervious Summary Per Lot
Section
Lot #
BUA/Lot
Section
Lot #
BUA/Lot
Section
Lot #
BUA/Lot
A
1
4,240
A
23
4,681
A
45
4,240
A
2
4,342
A
24
4,240
B
1
4,240
A
3
4,240
A
25
4,240
B
2
4,240
A
4
4,240
A
26
4,240
B
3
4,240
A
5
4,240
A
27
4,240
B
4
4,240
A
6
4,240
A
28
4,240
B
5
4,240
A
7
4,240
A
29
4,448
B
6
4,240
A
8
4,240
A
30
4,240
B
7
4,240
A
9
4,240
A
31
4,240
B
8
4,240
A
10
4,240
A
32
4,240
B
9
4,240
A
11
4,240
A
33
4,240
B
10
4,550
A
12
4,240
A
34
4,240
B
11
4,240
A
13
5,224
A
35
4,845
B
12
4,771
A
14
4,240
A
36
4,240
B
13
4,240
A
15
5,353
A
37
4,240
B
14
4,240
A
16
4,240
A
38
4,240
B
15
4,240
A
17
4,240
A
39
4,240
B
16
4,240
A
18
4,240
A
40
4,240
B
17
4,240
A
19
5,763
A
41
4,240
B
1S & 19
8,480
A
20
4,240
A
42
4,240
A
21
4,240
A
43
4,240
B
20
4,240
A
22
4,240
A
44
4,240
B
21
4,240
Total Lot BUA w 285,657 SF

EXHIBIT B
SW8 960524 - Sea isle Plantation North (A&B) --Revisers Impervious
Area Summary
8/9/1996
7/8/2021
ac
sF
sf
Project Area
37.92
1,651,795
1,651,795
Allowable Impervious Area (25%)
9.48
412,949
412,949
Permitted Impervious Area
9.48
412,949
412,698
Streets2.3
2.30
100,188
94,329
Parking & Sidewalks
0.25
10,890
0
Wastewater Facility
0.50
21,780
0
Common Area
0.00
0
16,293
Miscellaneous
0.00
0
14,895
Future Impervious
0.00
251
4,194
Buildings
6.43
279,840
282,987
66Lots at4,240sf/Lots
6.43
279,840
-
66 Lots, See Table 2
-
'Recorded BK799/PG784.
2Entire ROW in 1996
3lncludes previously unpermitted Sea Isle West Drive in modification.

U -�) IV �
FILED
ARTICLES OF INCORPORATION G
OF 5 1997
THE SEA ISLE PLANTATION NORTH EFFECTIVE
97 2 2 4 5 16 8 HOMEOWNERS ASSOCIATION ELAINE M HALL
SECRETARY OF STATE
NORTH CAROLINA
In compliance with the requirements of Chapter 55A of the North Carolina General
Statutes, the undersigned, a natural person of full age, has this day executed these Articles
of Incorporation for the purpose of forming a non-profit corporation and hereby certifies:
ARTICLE I
The name of the corporation is THE SEA ISLE PLANTATION NORTH
HOMEOWNERS ASSOCIATION, hereinafter called the "Corporation".
ARTICLE II
The principal and registered office of the Corporation is located at 110 Oakwood
Drive, P.O. Box 5007, Winston-Salem, North Carolina 27113-5007. (F o i s y t h County)
ARTICLE III
L. Wayne Yarbrough, whose address is 110 Oakwood Drive, P.O. Box 5007,
Winston-Salem, North Carolina 27113-5007, is hereby appointed the initial Registered Agent
of the Corporation.
ARTICLE IV
The Corporation does not contemplate pecuniary gain or profit to the members thereof
and no part of the Corporation's net income shall inure to the benefit of any of its officers,
directors or members or any other private individual. The purposes and objectives of the
Corporation shall be to administer the operation, management and repair of the common
area, hereinafter referred to as the "Common Area", located on property lying and being in
Carteret County, North Carolina, known as "Sea Isle Plantation North", and more particularly
described in the formal Declaration of Covenants, Conditions and Restrictions (hereinafter
the "Declaration") recorded in Book 799, Page 784, Carteret County Registry, for Sea Isle
Plantation North, including any additional property annexed thereto, said Declaration being
incorporated herein by reference; to undertake the performance of the acts and duties
incident to the administration of the operation and management of said Common Area in
accordance with the terms, provisions, conditions and authorization contained in these
Articles of Incorporation and the Declaration at the time said facilities are submitted to and
made a part of the Declaration; and to own, operate, lease, sell, trade and otherwise deal with
the Common Area as may be necessary or convenient in the administration of said Common
Area.

ARTICLE ''V
The Corporation shall have the following powers:
1.. The Corporation shall have all of the powers and privileges granted to Non -
Profit Corporations under the law pursuant to which this Corporation is chartered, and all of
the powers and privileges which may be granted unto said Corporation under any other
applicable laws of the State of North Carolina.
2. The Corporation shall have all the powers reasonably necessary to implement
and effectuate the purposes of the Corporation, including but not limited to the following:
(a) To make and establish reasonable rules and regulations
governing the use of the Common Area as said terms may be defined in said
Declaration to be recorded.
(b) To levy and collect assessments against the members of the
Corporation to defi•ay the common expense of the Common Area as may be provided
in said Declaration and in the By -Laws of this Corporation which may be hereafter
adopted, including the right to levy and collect assessments for the purposes of
acquiring, operating, leasing, managing and otherwise dealing with said Common
Area and in accomplishing the purposes set forth in said Declaration, which shall
specifically include the installation, repair, maintenance, replacement and payment
of electric bills for decorative street lighting whether or not such lighting is located
in the Common Area.
(c) To maintain, repair, replace, operate and manage the Common
Area and the property comprising same, including the might to reconstruct
improvements after casualty and to make further improvement of the Common Area
property, and to make and enter into any and all contracts necessary or desirable to
accomplish said purposes.
(d) To contract for the management of the Common Area and to
delegate to such contractor all of the powers and duties of the Corporation except
those which may be required by the Declaration to have approval of the Board of
Directors or membership of the Corporation.
(e) To enforce the provisions of the Declaration, these Articles of
Incorporation, the By -Laws of the Corporation which may be hereafter adopted, and
the rules and regulations governing the use of the Common Area as the same may be
hereafter established.
2

(f) To exercise, undertake and accomplish all of the rights, duties
and obligations which may be granted to or imposed upon the Corporation pursuant
to the Declaration.
ARTICLE VI
The qualification of the members, the manner of their admission to membership and
termination of such membership, and voting by members shall be as follows:
1. The Owners of all lots, whether improved or unimproved, in Sea Isle Plantation
North, who purchased said lots on or after August 1, 1997 and the owners of all lots, whether
improved or unimproved, in any subsequent sections of Sea Isle Plantation North shall be
members of the Corporation, and no other person or entities shall be entitled to membership,
except as provided in Item (5) of this Article VI.
2. Membership shall be established by the acquisition of fee title to a lot, whether
improved or unimproved, in Sea Isle Plantation North on or after August 1, 1997, or in
subsequent sections of Sea Isle Plantation North, or by acquisition of a fee ownership interest
therein, whether by conveyance, devise, judicial decree or otherwise, and the membership
of any party shall be automatically terminated upon his or her being divested of all title to
his or her entire fee ownership interest in any lot, except that nothing herein contained shall
be construed as terminating the membership of any party who may own two or more lots or
who may own a fee ownership interest in two or more lots, so long as such party shall retain
title to or a fee ownership interest in any lot.
3. The interest of a member in the funds and assets of the Corporation cannot be
assigned, hypothecated or transferred in any manner, except as an appurtenance to his lot.
The funds and assets of the Corporation shall belong solely to the Corporation subject to the
limitation that the same be expended, held or used for the benefit of the membership and for
the purposes authorized herein, in the Declaration and in the By -Laws which may be
hereafter adopted.
4. The Corporation shall have two classes of voting membership:
A. Class A. Class A members shall be all Owners, with the exception
of the Declarant, and shall be entitled to one vote for each lot owned. When more than one
person holds an interest in any lot, all such persons shall be members. The vote for such lot
shall be exercised as they determine, but in no event shall more than one vote be cast with
respect to any lot,
B. Class B. The Class B member shall be the Declarant (as defined
in the Declaration), and shall be entitled to three (3) votes for each one lot owned. The
3

Class B membership shall cease and be converted to Class A membership on the happening
of either of the following events:
(i} Four (4) months after the total votes outstanding in the Class A
membership equal the total votes outstanding in the Class B
membership; or
(ii) On August 1, 2011
This paragraph shall apply only in the event the Declarant desires FHA or VA approval for
any development, phase or portion thereof, in Sea Isle Plantation North. As long as there is
a Class B membership, the following action will require the prior approval of the Federal
Housing Administration or the Veterans Administration: annexation of additional properties,
mergers and consolidations, mortgaging of any of the Association property, dedication of any
of the Association property, dissolution and amendment of these Articles.
5, Until such time as the Declaration describing the property and the
improvements constructed thereon is recorded in the Register of Deeds of Carteret County,
the membership of the Corporation shall be comprised of the three (3) individuals named in
Article XII hereof as the initial Board of Directors of the Corporation. Each such individual
shall be entitled to cast one vote on all matters on which the members shall be entitled to
vote.
ARTICLE VII
The Corporation may be dissolved with the assent given in writing and signed by not
less than two-thirds (2/3) of each class of members. Upon dissolution of the Corporation,
other than incident to a merger or consolidation, the residual assets of the Corporation shall
be dedicated to an appropriate public agency to be used for purposes similar to those for
which this Corporation was created. In the event that such dedication is refused acceptance,
such assets shall be granted, conveyed and assigned to any non-profit corporation,
association, trust or other organization to be devoted to such similar purposes.
ARTICLE VIII
The Corporation shall have perpetual existence.
ARTICLE IX
The affairs of the Corporation shall be managed by the President of the Corporation,
assisted by the Vice -President, Secretary and Treasurer, subject to the directions of the Board
of Directors. The Board of Directors, or the President with the approval of the Board of
Directors, may employ a Managing Agent and/or such other managerial and supervisory
M

personnel or entities to administer or assist in the administration of the operation and
management of the facilities, and the affairs of the Corporation, and any such person or
entity may be so employed without regard to whether such person or entity is a member of
the Corporation or a Director or Officer of the Corporation, as the case may be.
ARTICLE X
The number of members of the first Board of Directors of the Corporation shall be
three (3). The number of members of succeeding Boards of Directors shall be as provided
from time to time by the By -Laws of the Corporation. The members of the Board of
Directors shall be elected by the members of the Corporation at the Annual Meeting of the
membership as provided by the By -Laws of the Corporation and at least a majority of the
Board of Directors shall be members of the Corporation or shall be authorized
representatives, officers or employees of a corporate member of the Corporation.
Notwithstanding the foregoing, so long as Vision Properties, L.L.C, owns more than 25%
of the lots in Sea Isle Plantation North, but in any event, no longer than the earlier of the
following events: (1) four months after 75% of the lots have been conveyed to unit owners,
or (2) August 1, 2011. Vision Properties, L.L.C. shall have the right to designate and select
all of the persons who shall serve as Directors on the Board of Directors of the Corporation,
Vision Properties, L.L.C. shall have the right to designate and select one Director for so long
as it holds at least one membership of the Corporation, whether Class A or Class B
membership. Vision Properties, L.L.C. may designate and select the person or persons to
serve as a Director or Directors of the Corporation, and such person or persons so designated
and selected need not be a resident of Sea Isle Plantation North.
ARTICLE XI
The Board of Directors shall elect a President, Vice President, Secretary and
Treasurer. The President shall be elected from among the membership of the Board of
Directors, but no other officer need be a Director. The same person may hold two offices,
the duties of which are not incompatible; provided, however, that the office of President and
Vice -President shall not be held by the same person, nor shall the office of President and
Secretary be held by the same person.
ARTICLE XII
The names and post office addresses of the initial Board of Directors who, subject to
the provisions of these Articles of Incorporation, the By -Laws and the laws of the State of
North Carolina, shall hold office until the first Annual Meeting of the membership (or until
their successors are elected and qualified) are as follows:

L, Wayne Yarbrough
P.O. Box 5007
Winston-Salem, Forsyth County, NC 27113-5007
2. Mark McCuiston
241 N. Avalon Road
Winston-Salem, Forsyth County, NC 27104
3. Alex Rucker
2595 Spring Garden Road
Winston-Salem, Forsyth County, NC 2704
ARTICLE XIII
The original By -Laws of the Corporation shall be adopted by a majority vote of the
members of the Corporation present at a meeting of members at which a majority of the
membership is present, and thereafter, such By -Laws may be altered or rescinded only in
such manner as said By -Laws provide.
ARTICLE XIV
Every Director and every Officer of the Corporation shall be indemnified by the
Corporation against all expenses and liabilities, including counsel fees, reasonably incurred
by or imposed upon him in connection with any proceeding to which he may be a party, or
in which he may become involved, by reason of his being or having been a Director or
Officer of the Corporation, whether or not he is a Director or Officer at the time such
expenses are incurred, except in such cases wherein the Director or Officer is adjudged guilty
of willful misfeasance or malfeasance in the performance of his duties; provided that, in the
event of any claim for reimbursement or indemnification hereunder based upon a settlement
by the Director or Officer seeking such reimbursement or indemnification, the
indemnification herein shall only apply if the Board of Directors approves such settlement
and reimbursement as being in the best interest of the Corporation. The foregoing right of
indemnification shall be in addition to and not exclusive of all other rights to which such
Director or Officer may be entitled.
ARTICLE XV
An amendment or amendments to these Articles of Incorporation shall require the
assent of sixty-six percent (661/o) of both classes of the membership.
2

No amendment to these Articles of Incorporation which shall abridge, amend or alter
the right of Vision Properties, L.L.C, to designate and select members of each Board of
Directors of the Corporation, as provided in Article X hereof, may be adopted or become
effective without the prior written consent of Vision Properties, L.L.C.
ARTICLE XVII
The name and address of the incorporator is as follows:
Donald M. VonCannon
Allman Spry Leggett & Crumpler, P.A.
P. O. Drawer 5129
Winston-Salem, Forsyth County, NC 27113-5129
IN WITNESS WHEREOF,1, being the incorporator, have hereunto set my hand and
seal, this the P4 day of Q�t t , 1997.
Y (SEAL)
DONALD M. VONCANNO
NORTH CAROLINA
FORSYTH COUNTY
I Barbara W. Ferguson . Stokes
a Notary Public of the county and state
aforesaid, do certify that DONALD M. VONCANNON personally appeared before me this
day and acknowledged the execution of the foregoing instrument. WITNESS my hand and
official stamp or seal, this 8th_ day of Au U► t . , 1997.
9 OFFICIAL SEAL
North Carolina -Stokes County
BARBARA W. FERGUSON
NOTARY PrM3LIC
Wy CommissW Expires Od, 23, 2001
My Commission Expires:
Notary Public
October 23', 200L
ALLMAN-6068 1 -1 7