SW8030120_HISTORICAL FILE_20210915

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 0'b012o
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
® HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
20 21 O on G
YYYYMMDD

Burd, Tina 1
From: Burd, Tina 1
Sent: Monday, September 13, 2021 8:58 AM
To: [e-mail]
Subject: SW8 030120 - Waterford Way
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Renewal Application and $505.00 fee for the subject project on September 7, 2021. The project
has been assigned to Ashley Smith and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
Website: http://deg.nc.gov/about/divisions/energy-mineral-land-resources/stormwater
Based on the current guidance to minimize the spread of COVID-i9, the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered
shifts. To accommodate these staffing changes, all DEQoffice locations are limiting public access to appointments only. Please
check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We
appreciate your patience as we continue to serve the public during this challenging time.

Non -Transfer Application Completeness Review Checklist - Short Version
Project Name: NAk_rF_ ZF00-D 14A-1
Project County/Location: e� >#63uJtC-IG
Permit Action: New Not located in the ETJ of the following deligated and
functioning programs:
Date Delivered to WIRO 4 Lp
BIMS Received/Accepted Date: 9/7�/2aza
BIMS Acknowledged Datet: g �'sIl
New Permit #':
NHC: Carolina Beach / Kure Beach / Wilmington / Wrightsville Beach
Bruns: Leland / Navassa (?) / Oak Island
Cart: Emerald Isle Ori Jacksonville
Pend: Surf City
Major Mod / Minor Mod enewal Existing Permit #: 514.5 OSO/ 2()
Permit Type: /1D�ID / LD Overall / HD &LD Combo
General Permit / Offsite / Exempt
Development Type: Commercial QHT5bther
Subdivided?: u rvision r Single Lot Rule(s): n2017 Coastal 1 12008 Coastal 101995
X I1995 Coastal
U Phasell uUniversal u1988 Coastal
Pennittee Type & Documents Needed:
2nEroperty Owner(s) Purchaser =Lessee
=Viable? =Viable? =Viable?
Deed purchase Agmt =Lease
=Not Subdivided: Deed
=Subdivision: Common Area Deed
Paperwork
Expriation Datea:
F—]Offsite to SW8:
Ells Lot ID'ed in Master Permit?
„"oLlVf' ZR�0�5 6mo) Check#(s): =No Fee
)plement' (1 new form or for older forms. I original per SCM)
M2
Is Report (Infil or PP)
culations (signed/sealed)
�d Restrictions, if subdivided
ject Narrative
35 Map (or on file?) Subject to SA?: Y / N Subject to ORW? Y / N
"Plans (2 Sets)
F-1PE Certification
Electronic Copies
Easements, Recorded (2017 Rules)
NOTES:
'Enter BIMS Acknowledged Date on this Sheet
2For New Projects -Enter New Permit # on Supplements & Deed Restiction Templates.
3If w/in 6 months and they are requesting a mod, STOP. Needs a renewal first.
EMAILED ENGINEER DATE:
REVIEWER NAME: kill Lz- -�
Comments:
=Developer
=Viable?
Minutes
b7�') -
I
L `_LJ
ME!�a - G<[ZI
G:WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist 20200131

CAPE FEAR
ENGINEERING
151 Poole Rd.,Sude 100; Sely k NC, 28451
TEL [phone], FAX [phone]
www.copefearengwxbefM.com
To:
NCDEQ
127 Cardinal Drive Extension
Wilmington, NC 28405
Attn:
Ms. Kelly Johnson
SEP 0 7 2021 ;
Transmittal
Date: I September 7, 2021
File: 1 650-12 "36"
subject: Waterford Way
Stormwater Permit Renewal
SW8 030120
❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval
❑ Sent via Mail ❑ Sent via Courier
Quantity
Drawing No.
Description
1
Original
$505 Permit Renewal Fee
1
Original
State Permit Renewal Application
1
Original
SCM Compliance Letter
1
Copy
NCSOS LLC Documentation
1
Copy
Recorded Deed Restrictions & Protective Covenances
REMARKS
CC'
File 650-12 "36"
Cape Fear Engineeri g, Inc.
Signed
Mason Manhertz, P E.
Received By:
Date
P%W%650-12Wbmm1STORMw R�015 MOD1Permn Mo 4mbon12021-0&17Peo dRenewal

CAPE FEAR
ENGINEERING
August 18, 2021
Christine Hall
NCDEQ
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: SCM Compliance Letter
State Stormwater Permit SW8 030120
Waterford Way
Brunswick County
Dear Mrs. Hall:
I hereby state that I am a licensed professional and I certify by my signature and seal below,
that I have periodically observed the construction of the project named above to the best of
my abilities with all due care and diligence, and that the project is in substantial compliance
with the permit documents, plans and specifications on file with or provided to the Division
such that the intent of the stormwater rules and the general statutes has been preserved.
o
Sincerely. =`_ :
SEAL
03EG15
Matt Haley, P.E. ' W �
Cape Fear Engineering, Inc.
SEP
151 Poole Road, Suite 100 • Belville, N[ 28451 • TEL: [phone] • FAX [phone]
www.copefearengineering.com

SOSID: 0690617
Date Filed: 2/4/2019 1:59:00 PM
Elaine F. Marshall
North Carolina Secretary of State
STATE OF NORTH CAROLINA C2019 030 00558
DEPARTMENT OF THE SECRETARY OF STATE
STATEMENT OF CHANGE OF REGISTERED
OFFICE AND/OR REGISTERED AGENT
Pursuant to §55D-31 of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of
changing its registered office and/or registered agent in the State of North Carolina.
I ' \ INFORMATION CURRENTLY ON FILE
The name of the entity is: w :� 1`��''0�� STsiuQ C�MIVtS _lf!{ F /SSOC(( 101�t
The street address and county of the entity's registered office currently on file is:
Number and Street: —Ite3o ill h4Q V/ L, Iu.'(0�7f &d
T--
City: _W f I rr\ t nq 4tv _ State: NC Zip Code: c,�8gb_3 _ _ County: Nko t4an
The mailing address if dii fbott from the meet address of the registered office currently on file is:
Number and Street: +�
1�L^� __
City: _ otatc: NC Zip Code: _ _ County: A
The name of the current registered agent is: _ DaNse, "2weuju- SEP 01 2021
NEW INFORMATION BY,
1. The street address and county of the new registered office of the entity is: _
(complete this item only if the address of the registered office is being changed) ;�
Number and Street: I1 7M[pW�A22C.-'rl+ �)(Z. �1 T L 1 f�Z
City: "%L-Nkkv jV-C .1State: NC Zip Code: County:
2. The mailing address ifdifjeresstfrom the meet address of the new registered office is:
(complete this item only if the address of the registered office is being changed1
Number and Street:
City:
State: NC Zip Code:
County:
3 The time of the new registered agem and the new agent's consent to appointment appears below:
(complete this C item only ifthe name of the registered agent is being changed)
11 .66erT G (:X✓ sw �(2,0
iCfs.�+ �is� a.dtY
Type or Print Name of New Agent ' e Signature & Title
4. The address of the entity's registered office and the address of the business office of its registered agent, as changed,
will be identical.
5. This statement will be effective upon filing, unless a date and/or time is specified:
This is the -1Qday of )J o � t ra. be r20J IV. Wp4e t -6-1 At-# i tiea 4ss.as e r r_;. / /FSI ot:>r o.s i
Entity Name =rsL .
Signature
Ra 6 t CC 6 ix t, ►3t.5 :.F.. fi
Notes: Faing tre is S5.00. This document must be filed with the secretary of State. Type or Print Name and Title
• Instead of signing here, the new registered agent may sign a separate written consent to the appoium¢nt. which must be attached to this statement.
BUSINESS REGISTRATION DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
Revised July 2017 Form BE-06

Brim Ck Cotmty—Register of Deeds
Robezt J. Robinson
Irrst 0173882 Book 1813Pa , 786
08/26/2003 01:22:27pm Re P 15 q0��
MASTER DECLARATION OF PROTECTIVE COVENANTS
FOR WATERFORD COMMERCIAL PROPERTY
(This is the Commercial Declaration referenced in the Master Cross -Access
recorded in Book 1683, Page 1026,
Brunswick County Registry and the property defined
herein shall be deemed to be the "Commercial Property")
Drawn By: Murchison, Taylor & Gibson, PLLC
16 North Fifth Avenue, Wilmington, NC 28401
NORTH CAROLINA Piff-d f I G
TOTAL10- REV_TCi3y
BRUNSWICK COUNTY RED —CK AMTJ L--CD e19V
CASH_REF_BY 'T�
THIS MASTER DECLARATION OF COVENANTS FOR WATERFORD
COMMERCIAL PROPERTY (this "Declaration") is made this'9 day of Ns,.9 s.,s-r ,
2003 by WDV, INC , a North Carolina corporation, whose mailing address is P.O. Box 1967,
Wilmington, NC 28402 (the "Declarant").
RECITALS
A. Declarant is the owner of certain real property located in the Town of Leland,
Brunswick County, North Carolina which property is described in Exhibit A attached hereto and
incorporated herein by reference (as more particularly defined in Article 1 herein, the
"Property").
B. This Declaration is being executed and recorded by Declarant in order to facilitate
the development of the Property as an integrated business and commercial development and to
fix and establish certain covenants, conditions and restrictions upon and subject to which the
Property shall be improved, held, leased, sold and/or conveyed.
NOW, THEREFORE, Declarant hereby declares that all the real property described in
Exhibit A attached hereto, and any additional real property as may, by subsequent amendment
and/or supplement hereto, be added to and subjected to this Declaration, is held and shall be
held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the
following covenants, conditions, restrictions and easements, which shall run with the land and
shall be binding on all parties having or acquiring any right, title or interest in and to the Property
or any pan or parts thereof, their heirs, personal representatives, successors and assigns, and shall
inure to the benefit of each owner thereof.
ARTICLE 1— DEFINITIONS
Definitions: The following terms shall, except where the context otherwise requires, have
the respective meanings hereinafter specified:
1.01 Additional Property
"Additional Property" shall mean any of the real property located within 2 miles of the
Property, any of which may hereafter be annexed to and made a part of the Property and
subjected to the terms and conditions of this Declaration.
a0808r3
2021

Irst 0 173882 Book 1813Page: 787
1.02 Articles
"Articles" shall mean the Articles of Incorporation of the Association, as amended from
time to time.
1.03 Architectural Review Committee
"Architectural Review Committee" means the standing committee of the Association as
specified in Article 6 below, to approve the design, construction, operation, use, appearance and
such other requirements as set forth herein, of all Buildings, Structures, landscaping and other
improvements erected or to be erected, from time to time, on any portion of the Property
(together with all alterations, modifications, additions, deletions thereto).
1_04 Assessments
"Assessments" shall mean and refer collectively to all assessments of any kind or nature
provided for in this Declaration (including, without limitation, General Annual, Special and
Specific Assessments).
1.05 Association
"Association" shall mean Waterford Master Commercial Association, Inc a North
Carolina non-profit corporation, its successors and assigns.
1.06 Board
"Board" shall mean the duly elected and constituted Executive Board of the Association.
1.07 Building
"Building" shall mean any structure on the Property which (i) is permanently affixed to
the land, (it) has one or more floors and a roof and (iii) is normally accessible for human use.
1.08 Bvlaws
"Bylaws" shall mean the Bylaws of the Association, as amended from time to time.
1.09 Common Areas
"Common Areas" shall include the following:
(i) Any and all public and private streets, roads and drives within the Property which
are designated or shown on the Plats (the "Roads");
(ii) Easements for the common use, benefit and enjoyment of the Owners as shown
on the Plats (including, without limitation, those described in Article 17 of this Declaration);
(in) Any and all real property owned in fee simple, now and/or in the future, by the
Association for the common use, benefit and enjoyment of all the Owners (including any related
equipment, fixtures, apparatus and personal property), and all other easements and/or other
interests in real property from time to time owned by the Association for the common use,
benefit and enjoyment of the Owners; and
(iv) Any area or portion of the Property designated by the Declarant or on any Plat as
a Common Area.
1.10 Declarant
"Declarant" shall mean WD V, INC. or any legal successor thereto, or any Person who
shall succeed to the rights and obligations of WDV, INC hereunder. The Declarant shall also
include any Person to which Declarant shall expressly assign Declarant's rights and obligations
hereunder in accordance with the terms hereof.
1.11 Declaration
"Declaration" shall mean this Master Declaration of Protective Covenants for Waterford
Commercial Property, as the same may be amended from time to time.
408080

inst 8 173882 Book 1813Page: 788
1.12 Directors
"Directors" shall mean the persons serving from time to time on the Board.
1.13 Floor Area
"Floor Area" shall mean the aggregate area of any floors within all Buildings erected on any Lot.
Each floor shall be measured to the exterior side of each outside wall where such floor extends to
any outside wall and shall be measured to the center of the common walls. The term "Floor
Area" shall not include truck ramps or shipping or delivery areas situated outside any Building,
improvement or other structure.
1.14 Institutional Mortgage
"Institutional Mortgage" shall mean a Mortgage which constitutes a first lien on a Lot on
any portion of the Property and which is held by a bank, savings and loan association, trust
company, insurance company or other recognized lending institution, other firms or entities
customarily affording loans secured by first liens on real property, or by an institutional or
governmental purchaser of mortgage loans in the secondary market.
1.15 Lot
"Lot" shall mean and refer to any lot, parcel or tract of land within the Property owned by
the Declarant or any lot, parcel or tract of land subdivided out of the Property by Declarant and
either conveyed to another person or entity or specifically identified by Declarant as a "Lot" in
an amendment or supplement to this Declaration or a Plat which is hereafter filed and recorded
by Declarant in the Registry, but excluding any Common Areas that are owned in fee simple by
the Association.
1.16 Master Cross -Access Easement
That certain Master Cross -Access Easement and Maintenance Agreement for Waterford
which encumbers the entire residential and commercial portions of the Waterford development and
which is recorded in Book 1683, Page 1026, in the Brunswick County Public Registry.
1.17 Members
"Members" shall mean the members of the Association.
1.18 Mortgage
"Mortgage" with an initial capital letter, shall mean and refer to a mortgage, deed of trust,
installment land sales contract and security agreement or other similar security interest
instrument granting, creating or conveying a lien upon, a security interest in, or a security
encumbered title to a Lot.
1.19 Mortgagee
"Mortgagee" with initial capital letter, shall mean and refer to the holder of a Mortgage.
1.20 Outstanding Votes
"Outstanding Votes" shall have the meaning ascribed to such term in Article 4.
1.21 Owner
"Owner" shall mean the owner of any part of the Property, as shown on the records of the
Register of Deeds of Brunswick County, North Carolina, as of the date of any action to be taken
by such Owner under the provisions of this Declaration.
1.22 Person
"Person" shall mean an individual, corporation, trustee, partnership, unincorporated
organization, limited liability company or other legal entity.
1.23 Plats
"Plats" shall mean the plats of the Property or any property annexed thereto which are
recorded by Declarant in the Registry, as same maybe amended from time to time.
408080

1.24 Property Inst 8 173882 Book 1813Page: 789
"Property" shall mean the real property described in Exhibit A attached hereto together
with any Additional Property subject to or which may become subject to these Restrictions.
1.25 Re?istry
"Registry" shall mean the Office of the Register of Deeds of Brunswick County, North
Carolina.
1.26 Restrictions
"Restrictions" shall mean the covenants, conditions, restrictions and other terms and
provisions of this Declaration, as amended from time to time, upon and subject to which the
Property, or any part thereof, shall be improved, held, leased, sold and/or conveyed, all as
hereinafter set forth.
1.27 Roads
"Roads" shall have the meaning ascribed to such term under the definition of"Common
Areas" herein.
1.28 Special Assessment
"Special Assessment" shall have the meaning ascribed to such term in Article 19 of this
Declaration.
1.29 Specific Assessment
"Specific Assessment" shall have the meaning ascribed to such term in Article 19 of this
Declaration.
1.30 Structure
"Structure" shall mean any physical object temporarily or permanently affixed to the
Property, except grass, shrubbery, trees or other landscaping.
1.31 Subdivision
"Subdivision" shall mean all of that real property collectively known as Waterford
Commercial Property as shown on plats recorded in the Brunswick County Registry and all Plats
which maybe recorded in the future showing additional sections of Waterford Commercial
Property and which are annexed into the Subdivision in accordance with Article 23.
ARTICLE 2 — GENERAL PURPOSES OF RESTRICTIONS
2.01 Purposes.
The Property is hereby subjected to the Restrictions for the following purposes, which
purposes are not, and are not intended to be, exhaustive or exclusive:
(a) To encourage development of the Property in a manner which is free from
toxic and noxious matter and other hazards, and from offensive noises and odors and other
objectionable influences.
(b) To promote the proper and most desirable use and development of the
Property in accordance with a well considered plan and scheme of development-
(c) To conserve and enhance the value of Lots and Buildings of Owners of the
Property
(d) To protect against construction on Lots or improvements which is of poor
design or quality and to encourage construction of improvements utilizing good quality and
attractive material and good architectural and planning standards compatible with other
improvements in the Property.
(e) To preserve and enhance the amenities in the Property and provide for the
orderly management of the Common Areas.
40808Q

IMt 0 173882 Book 1813Page: 790
ARTICLE 3 — PROPERTY RIGHTS
3.01 Owner's Easements of Eniovment
Every Owner shall have and Declarant hereby grants to every Owner, a nonexclusive
right and easement of enjoyment and use in and to the Common Areas including, but not limited
to, all roadways, walkways, entries and exits as shown on recorded maps of the subdivision
which shall be appurtenant to and pass with the title to every Lot, subject to the provisions of this
Declaration and subject to the following provisions:
(a) The right but not the obligation of the Association following approval of
the Board, to (i) dedicate or transfer all or any portion of the Roads to any public agency or
governmental entity so that such Roads shall be maintained as public roads and (it) dedicate or
transfer to any public or private utility or governmental authority drainage, sewage and/or utility
easements on any part of the Common Areas, all subject to such conditions as the Board may
determine is reasonable. The rights of the Association under this paragraph (a) shall not be
subject to the provisions of paragraph (d) below.
(b) The right of the Association, subject to the provisions of paragraph (d)
below, to mortgage, pledge, hypothecate or otherwise encumber any or all of the Association's
real or personal property as security for money borrowed or debts incurred for the purpose of
improving or maintaining the Common Areas or providing the services authorized by this
Declaration; provided, however, that the Association shall not be entitled to encumber (i) the
Roads, drainage easements or stormwater holding, detention and/or retention ponds, or (it) any
real estate which is not owned in fee simple by the Association unless the fee simple owner of
the applicable easement area consents thereto (the provisions of this paragraph following the
phrase "provided, however," may not be amended without the consent of all Owners which
would be affected thereby).
(c) The right of the Association, subject to the provisions of paragraph (d)
below, to give or sell or otherwise transfer all or any part of the Common Areas to any
governmental entity, public authority, public service district, or public utility for such purposes
and subject to such conditions as may be agreed upon by the Members as provided in paragraph
(d) below; provided, however, that (i) this paragraph (c) shall not permit the Association to
materially alter or deny access over the Roads to an Owner's Lot unless such Owner consents
thereto and (ii) the Association shall not be entitled to transfer any real estate under this
paragraph (c) which is not owned in fee simple by the Association unless the fee simple owner of
the applicable easement area consents thereto (the provisions of this paragraph following the
phrase "provided, however;' may not be amended without the consent of all Owners which
would be affected thereby).
(d) The rights of the Association under paragraphs (b) and (c) above are
subject to authorization by the affirmative vote of eighty percent (80%) of the votes cast at a duly
called meeting of the Association, subject to the quorum requirements established by Article 4,
and subject to the requirement that written notice of the meeting and of the proposed action is
sent to every Member of the Association at least ten (10) days but not more than (60) days prior
to such meeting. A true copy of such resolution, together with a certificate of the results of the
vote taken thereon, shall be made and acknowledged by the President or Vice President and
Secretary or Assistant Secretary of the Association and such certificate shall be annexed to any
instrument affecting the Common Areas. Such certificates shall be conclusive evidence of
authorization by the membership.
3.02 Limitations Upon Use of Common Areas.
As provided in Section 5.04, the Board may establish reasonable rules and regulations
concerning the use of the Common Areas and facilities located thereon.
4o80M

lost 8 173882 Book 1813Page: 791
ARTICLE 4— ASSOCIATION MEMB> KsHIr; VU I LNG RIGHTS;
EXECUTIVE BOARD; INSPECTION OF RECORDS
4.01 Membershi
Every fee simple Owner of a Lot shall be a Member of the Association during the period
such Owner holds its fee simple interest. If fee simple title to a Lot is held by more than one
person, each such person shall be a Member but the voting rights with respect to such Lot shall
be exercised jointly in the manner hereinafter provided. An Owner of more than one Lot is
entitled to one membership for each Lot owned. Each membership is appurtenant to and may
not be separated from the Lot upon which it is based and such membership shall be transferred
automatically by conveyance of fee simple title to that Lot. No person other than a fee simple
Owner of a Lot may be a Member of the Association, and a membership in the Association may
not be transferred except by the transfer of title to a Lot.
4.02 Voting.
The Association shall have two (2) classes of voting membership. The votes aggregated
from both voting memberships shall constitute the total outstanding votes available for voting
purposes in determining the action of the Association on any matter to be approved by vote
(herein "Outstanding Votes").
(a) Class "A". So long as there is Class B membership, "Class A Members"
shall be all Owners except the Declarant. The number of votes appurtenant to a Lot owned by a
Class A Member shall be computed as follows:
The total number of square feet in land area of the Owner's Lot shall be added to
the total number of square feet of any Building or Structure measured from the
outside walls located upon the Member's Lot to obtain a total gross square
footage. The number obtained by dividing such total gross square footage by
1,000 and rounding to the nearest whole number shall be the total number of votes
appurtenant to the Owner's Lot (i.e., there shall be no fractional votes).
Upon termination of the Class B membership, Class A Members shall be all Owners, including
the Declarant (assuming Declarant remains an Owner). If only one of a number of co -owners of
a Lot is present at a meeting of the Association, the co-owner who is present shall be entitled to
cast all the votes allocated to that Lot. If more than one of the co -owners is present, the votes
allocated to that Lot may be cast only in accordance with the agreement of a majority -in -Interest
of the co -owners. Majority agreement is conclusively presumed if any one of the co -owners
casts the votes allocated to that Lot without protest being made to the person presiding over the
meeting by any of the other co -owners of the Lot.
(b) Class "B". The "Class B Member" shall be the Declarant. The Class B
Member may appoint and remove the members of the Board during the Class B Control Period
(as defined herein). During the Class B Control Period, the number of votes allocated to the
Class B Member shall be entitled to cast in Association matters shall be determined as follows:
The total number of square feet in land area of the portions of the Property and the
Additional Property owned by Declarant shall be added to the total number of
square feet of any Budding or Structure measured from the outside walls located
upon such real property to obtain the Declarant's total gross square footage. The
number obtained by (i) dividing the Declarant's total gross square footage by
1,000, (ii) rounding to the nearest whole number (i.e., there shall be no fractional
votes) and (in) multiplying such whole number by 3 shall be the total number of
votes the Class B Member shall be entitled to cast in Association matters.
The Class B membership shall cease to exist and shall automatically be converted to Class A
membership upon the termination of the Class B Control Period. For purposes of this
Declaration, the "Class B Control Period" shall mean the period beginning on the date of this
Declaration and terminating upon the earliest to occur of the following events-
(i) the voluntary relinquishment by the Declarant of its right to Class
B membership by an instrument recorded in the Registry;
40808v3

IMI: 8 173882 Book 1813Page: 792
(if) the date on which the Declarant no longer owns any portion of the
Property or the Additional Property; or
(iii) December 31, 2041.
(c) The total Outstanding Votes in the Association may vary from time to
time depending upon the number of Lots sold by Declarant. A quorum consisting of ten percent
(10%) of the Outstanding Votes represented by Members in attendance or by proxy will be
necessary to vote on all decisions to be made by the Association pursuant to the terms of its
Articles and Bylaws, with a simple majority of the Outstanding Votes then present or represented
by proxy being necessary for approval or disapproval of an action of the Association (unless a
greater percentage is required by this Declaration or the Articles or Bylaws for any specific
action)
(d) The Bylaws shall establish reasonable procedures whereby the Association
shall, prior to each meeting of the Members, prepare a voting list setting forth the Members
entitled to vote together with the number of votes which may be exercised by each Member and
the basis upon which the votes were calculated. If requested in writing by a Member, the
Association will deliver to such Member annually a copy of the current voting list.
4.03 Executive Board
The Board shall be established and maintained in accordance with the Articles, this
Declaration and the Bylaws.
(a) The number of Directors constituting the initial Board shall be three (3)
and the persons who are to serve as the initial Directors shall be appointed by the Declarant and
shall be set forth in the initial Articles.
(b) The number of Directors shall be not less than three (3) nor more than five
(5), as may be fixed or may be changed from time to time at any annual meeting, within the
minimum and maximum, by the Members or by the Directors. Each Director shall hold office until
his or her successor is elected and qualified or until his or her earlier death, resignation, retirement,
removal or disqualification.
(c) Directors shall be elected by a majority vote at any annual meeting of the
Members or at a special meeting of the Members of which notice of the purpose to elect one or
more Directors has been duly given. The election of Directors shall be a part of the order of
business of each annual meeting of the Members.
(d) A Director may resign at any time by giving notice of his resignation in
writing addressed to the President or Secretary of the Association, or by presenting his written
resignation in person at an annual or special meeting of Directors.
(e) Directors may be removed from office at any time with or without cause
by the Members by the vote that would be required to elect a Director to the Board; provided,
however, a Director may not be removed by the Members at a meeting unless the notice of meeting
states as a purpose the removal of a Director. If a Director is removed, a new Director may be
elected to fill the vacancy at the same meeting.
(f) A vacancy occurring in the Board shall be filled by a majority of the
remaining Directors (but not less than two) at any regular meeting or special meeting of the
Board.
4.04 Inspection of Books and Records.
The Board shall establish reasonable procedures whereby the Members are permitted to
inspect the books and records of the Association during convenient hours on business days. The
Board may impose reasonable rules, regulations and procedures concerning the inspection of
books and records of the Association including, without limitation, those which (a) provide that
the President and/or Secretary of the Association be given prior written notice of the inspection;
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(b) limit the business days during a calendar month dunng wmen such books and records may be
inspected to no less than four (4) business days; (c) provide a reasonable charge to a Member for
more than one (1) inspection in any calendar quarter; (d) provide that any costs associated with
the inspection (such as, for example, copy costs) shall be paid by the inspecting Member; and (e)
such other rules and regulations as the Board may establish.
4.05 Amplification.
The provisions of this Declaration are amplified by the Association's Articles and
Bylaws, but no such amplification shall alter or amend substantially any of the rights or
obligations of the Owners set forth in this Declaration. The provisions of this Declaration on the
one hand, and the Articles and Bylaws on the other, shall be interpreted, construed, and applied
to avoid inconsistencies or conflicting results. If such conflict necessarily results, however, the
provisions of this Declaration shall control anything in the Articles or Bylaws to the contrary.
ARTICLE 5— RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
5.01 The Common Areas
Subject to the rights of Owners and Declarant as set forth in this Declaration and
excepting the maintenance responsibility for certain stormwater retention facilities described in
Section 24.01 hereinafter, the Association has exclusive management and control of the
Common Areas and all improvements thereon and all furnishings, equipment and other personal
property relating thereto.
(a) The Association's duties with respect to such Common Areas include, but
are not limited to, the following: (a) the maintenance of the Common Areas; (b) the
management, operation, maintenance repair, servicing, replacement and renewal of all
landscaping, improvements, equipment and personal property constituting part of the Common
Areas or located upon the Common Areas so as to keep all of the foregoing in good, clean,
attractive, sanitary, safe and serviceable condition, order and repair; (c) all landscaping of the
Common Areas; (d) the maintenance of adequate public liability, property casualty and hazard
insurance for the benefit of the Association with respect to the Common Areas; (e) the payment
of all taxes and assessments validly levied, assessed or imposed with respect to Common Areas;
and, (f) the management, operation, maintenance, repair, servicing, replacing and renewal of all
Roads and all improvements thereon; provided, however, that following the irrevocable
acceptance of the Roads for maintenance as public rights of way by the applicable governmental
entities, the maintenance obligations of the Association for the Roads shall only be the extent
such activities are not performed by the applicable governmental entities. The Association also
may provide other services, such as, but not limited to, security services as the Association
deems appropriate.
(b) In the event that the need for maintenance upon or replacement of the
Common Areas is caused (i) by construction activities on a Lot by an Owner or its agents or
contractors, or (ii) by the willful or negligent acts of any Owner or its agents or contractors, then
the cost of such maintenance, replacement or repairs shall be bome exclusively by such Owner,
shall be added to and become a part of the assessments to the Lot or Lots of such Owner, and
shall constitute a Specific Assessment.
(c) To insure continuity and to protect property values, Declarant may in the
exercise of its discretion, require that all landscaping be done and performed by the same entity
on all Common Areas and all Lots within the property. In the event the landscaping is to be
performed by one entity, the charges therefore shall be reasonably allocated to the Lots by the
Association and collected by the Association.
5.02 Services.
The Association may obtain and pay for the services of any person to manage its affairs
to the extent the Board deems advisable, as well as such other personnel as are famished or
employed directly by the Association or by any person with whom it contracts. Without
limitation, the Board may obtain and pay for legal and accounting services necessary or desirable
in connection with the Common Areas or its duties and rights under this Declaration, the
Articles, the Bylaws and/or the Rules and Regulations (as defined in Section 5 04 herein);
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provided, however, the Declarant shall bear all costs to establish this Declaration and related
documents required to establish the Association.
5.03 Property Owned by Association; Conveyance of Common Areas by Declarant.
The Association may acquire, hold, and dispose of real property and tangible and
intangible personal property, subject to such restrictions as from time to time may be contained
in the Articles and Bylaws. The Declarant agrees to convey to the Association (by easement or in
fee simple) the then -established Common Areas within three (3) months following the
termination of the Class B membership; provided, however, the Declarant shall be entitled, in the
DeclaranPs sole discretion, to convey all or any portion of the Common Areas to the Association
prior to the deadline provided above. The Association shall accept title to such Common Areas
subject to all easements, encumbrances and restrictions of record. All costs, if any, associated
with such transfer or assignment shall be borne by the Declarant.
5.04 Rules and Regulations.
The Association, through its Board, from time to time, may adopt, alter, amend, rescind,
and enforce reasonable rules and regulations governing building and maintenance standards for
and the use, enjoyment and operation of the Property (including, without limitation, all Lots, the
Common Areas, and any combination thereof) (the "Rules and Regulations") The Rules and
Regulations shall be consistent with the rights and duties established by this Declaration
(although same may further restrict the use of the Common Areas). The Rules and Regulations
shall be binding upon the Owners, and the Association shall have the right to establish penalties
and fines for any infractions of this Declaration, the Articles, the Bylaws and the Rules and
Regulations (including, without limitation, monetary fines and other sanctions for violation of
the rules which may be collected by a lien and foreclosure as a Specific Assessment). The
validity of the Association's Rules and Regulations, and their enforcement, shall be determined
by a standard of reasonableness for the purpose of protecting the value and desirability of the
Property as a first class project.
5.05 Implied Rights.
The Association may exercise any other right, power or privilege given to it expressly by
this Declaration, its Articles or Bylaws, and every other right, power, or privilege reasonably to
be implied from the existence of any right, power, or privilege so granted or reasonably to
effectuate the exercise of any right, power, or privilege so granted. The Association shall have
the power to do any and all lawful things which may be authorized, required, or permitted to be
done by the Association under and by virtue of this Declaration and to do and perform any and
all acts which may be necessary or proper for or incidental to the exercise of any of the express
powers of the Association for the safety and/or general welfare of the Owners. Without in any
way limning the generality of the foregoing, after five (5) days' written notice with a specified
time stated to adhere to the provisions set forth herein, the Association shall have the power and
authority at any time and from time to time, without liability to any Owner, to enter onto any Lot
for the purpose of enforcing any and all of the provisions called for herein, or for the purpose of
maintaining and repairing any such Lot if, for any reason whatsoever, the Owner thereof fails to
maintain or repair such Lot as required. The Association shall also have the power and authority
from time to time, in its own name, on its own behalf or on behalf of any Owner or Owners who
consent thereto, to commence and maintain actions and suits to restrain or enjoin a breach or
threatened breach of this Declaration, the Articles and Bylaws of the Association and to enforce,
by mandatory injunction or otherwise, the provisions of the Declaration, the Articles and Bylaws
of the Association.
5.06 Convevance and Acceptance of Permits.
The Declarant shall assign and transfer to the Association all applicable regulatory
permits including stormwater retention and all modifications thereto, including all duties and
responsibilities thereunder. The Association by and through the Members shall be obligated to
accept transfer of the permit and such rights, duties and obligations.
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5.07 Mixed -Use Common Area Maintenance.
The Association shall be responsible for the maintenance, repair, operation, supervision,
administration and management of the Mixed Use Common Areas as set forth in the Master
Cross Access Easement.
ARTICLE 6— REVIEW AND APPROVAL OF IMPROVEMENTS
6.01 Architectural Review Committee.
So long as there is Class B membership in the Association, the Architectural Review
Committee shall be composed of up to three (3) persons appointed by the Declarant from time to
time in Declarant's sole discretion. Without limiting the generality of the foregoing, the
Declarant shall be entitled to appoint itself to the Architectural Review Committee. Upon and
after termination of Class B membership, the Architectural Review Committee shall be
composed of three (3) persons appointed by the Board from time to time, who shall serve at the
pleasure of the Board. Any vacancy occurring on the Architectural Review Committee shall be
filled by the Board. No member of the Architectural Review Committee shall be entitled to
compensation for services performed unless the Board determines compensation is necessary in
order to induce persons with suitable qualifications to serve on the Architectural Review
Committee, but the Architectural Review Committee may employ independent advisors and
allow reasonable compensation to such advisors from Association funds. The Architectural
Review Committee shall have full power to regulate all matters as have been delegated to the
Architectural Review Committee in this Declaration. All decisions of the Architectural Review
Committee shall be final and binding on any Owner. The Directors (or any of them) may also
serve on the Architectural Review Committee.
6.02 Approval of Plans.
No Building, Structure, or other improvement, including, without limitation, any signs,
poles or towers, paved areas or fences, shall be erected, placed or altered on any Lot unless and
until the plans and specifications therefor, a plot plan showing the location thereof on the
particular Building site, a landscaping plan and such other plans and specifications as the
Architectural Review Committee may request (collectively the "Plans") shall have been
submitted to and approved in writing by the Architectural Review Committee. The Architectural
Review Committee shall also be entitled to require the submissions set forth in Section 6.07 of
this Article. The approval of such Plans shall be based upon the following standards: adequacy
of site dimensions; adequacy of structural design; conformity and harmony of external design
and budding materials with neighboring Buildings, Structures and improvements and with other
Buildings, Structures and improvements on the Property; the affect of the location and use of the
proposed improvements upon neighboring Buildings, Structures and improvements on the
Property, and the operations and uses thereof or conducted thereon; relation to topography, grade
and finished ground elevation of the Lot being improved to that of neighboring Lots; proper
orientation of main elevations with respect to nearby streets; conformity of the Plans to the
purpose and general plan and intent of this Declaration and with the Restrictions; and such other
criteria as the Architectural Review Committee may reasonably deem necessary or advisable in
order to effectuate the general plan and intent of this Declaration. The Architectural Review
Committee in its sole and uncontrolled discretion, may withhold its approval of such Plans for
any reason (including, without limitation, aesthetics). In the event the Architectural Review
Committee fails to approve or disapprove such Plans, in writing, within sixty (60) days after the
same have been submitted to the Architectural Review Committee, then such Plans shall be
deemed to have been approved; provided, however, that lack of approval by the Architectural
Review Committee shall not waive any express covenant contained herein. In the event of any
disagreement on the question of suitability, the decision of the Architectural Review Committee
shall be final
6.03 Cost of Review.
The Owner or any other person having its Plans reviewed hereunder shall pay for all
costs associated with review of its Plans by the Architectural Review Committee including any
expense for architectural, engineering or attorneys' fees. Such sums shall be paid prior to final
approval of the Plans. The Architectural Review Committee may adopt a schedule of reasonable
fees for processing applications and a construction deposit to the Architectural Review
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Committee. Such fees, if any, shall be payable to the Association, in cash, at the time the
applications are submitted to the Architectural Review Committee. In the event that the
foregoing expenses and fees are not paid by the Owner, they shall become a lien of the
Association on the Lot as a Specific Assessment.
6.04 Certificates of Approval.
Upon approval of Plans as set forth above, the Architectural Review Committee shall,
upon the written request of an Owner, issue a certificate executed by the Association stating that
the Plans have been approved, and if the improvements are constructed in substantial accordance
with such Plans, the Architectural Review Committee shall, upon the written request of an
Owner, issue a final certificate of compliance as set forth in the next sentence. Upon final
approval of any construction by the Architectural Review Committee, it shall, upon request of
the Owner completing such construction, issue a certificate of compliance signed by the
Association stating that the construction was constructed in accordance with requirements of this
Declaration.
6.05 Liabilitv.
The Association, the Members of the Association, the Architectural Review Committee,
the Declarant and their respective employees or agents shall not be liable in damages to anyone
submitting Plans for approval or to anyone affected by this Declaration in connection with the
exercise of the rights or duties under this Article or by reason of mistake in judgment, negligence
or nonfeasance arising out of or in connection with the approval or disapproval of the Plans. All
persons who submit plans or specifications to the Architectural Review Committee for approval
agree, by the submission of same, and every Owner of any Lot agrees, by acquiring title thereto
or an interest therein, that he will not bring any action or suit against the Association, the
Members of the Association, the Architectural Review Committee, the Declarant or their
respective employees or agents to recover damages arising from or in any way connected with
this Declaration or the approval or failure to approve any Plans submitted. In regard to any Plans
approved by the Architectural Review Committee, neither the Declarant, nor the Association, nor
any member of the Architectural Review Committee, nor any Member of the Association, shall
be responsible or liable in any way for (i) any defects in any Plans, (ii) any structural defects in
any work done according to such Plans, or (iii) the failure of the Plans to comply with any law,
rule, regulation or code.
6.06 No Deviation After Approval.
After approval of the Plans by the Architectural Review Committee, no deviation
therefrom shall be made during construction which would materially change the scope of the
improvements and no changes in exterior quality or appearance of the improvements thereby
contemplated shall be made, without prior written approval of the Architectural Review
Committee.
6.07 Submissions.
The Architectural Review Committee may require all or any part of the following
information to be submitted to it in connection with the consideration by the Architectural
Review Committee of any Plans, submittal or application:
(a) Architectural plans and elevations for the proposed Building or Buildings,
which shall include outline specifications designating materials and mechanical, electrical and
structural systems, and samples of external colors;
(b) A site plan showing the location and design of Buildings, set back lines,
driveways, driveway intersections with streets, parking areas, loading areas, maneuvering areas
and sidewalks;
(c) A grading plan and planting plan, including screen walls and fences for
analysis of adequacy of visual screening, erosion control, drainage and landscape architectural
design;
(d) A site plan showing utilities and utility easements;
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(e) Plans for all signs to be erected, including details of materials, location,
design, size, color and lighting;
(f) A description of proposed use of the improvements in sufficient detail to
permit a determination (i) of the extent of any noise, odor, glare, vibration, smoke, dust gases,
hazard, radiation, radioactivity or liquid wastes that may be thereby created; and (ii) as to
whether or not the proposed use complies with then existing zoning ordinances, the Restrictions,
and other laws and governmental regulations applicable thereto; and
(g) Any other information as may be reasonably requested by the
Architectural Review Committee in order to insure compliance with the Restrictions.
6.08 Variance.
The Architectural Review Committee shall have the right to approve a variance from the
Restrictions resulting from an inadvertent error in surveying of lot lines, or unintentional
mislocation of improvements on a Lot, at the sole reasonable judgment of Architectural Review
Committee, provided approval of such variance does not violate the spirit of the Restrictions.
6.09 No Withdrawal of Approval.
Once the Architectural Review Committee has approved Plans for Building or other
Structure and such Building or other Structure has been constructed in conformity with such
Plans, the approval shall not be withdrawn and such Building or other Structure shall thereafter
be deemed to be in compliance with these Restrictions as then in effect thereafter amended.
ARTICLE 7 — BUILDING LINES
7.01 Building Lines.
The Architectural Review Committee shall determine the location of (and setbacks
applicable to) any Building or Structure on the Property, having regard for all relevant
considerations, community -wide standards, size, shape and location of the property, the type and
use of the Building or Structure and any other reasonable considerations. The areas between
property lines and setback or building lines ("Building Lines") are to be used only for landscaped
areas, lawns, driveways and walks in accordance with other provisions of this Declaration. With
the written approval of the Architectural Review Committee, off-street parking may be permitted
in required yards provided that appropriate landscaping areas are maintained, and further
provided that no parking shall be permitted within ten (10) feet of property lines adjoining a
public street, or within six (6) feet of other property lines. Incidental, low profile Structures may
be permitted within areas between property lines and Building Lines only upon prior written
approval of the Architectural Review Committee (which approval may be withheld in the sole
discretion of the Architectural Review Committee). Such structures shall be of the same or
comparable quality and design so as to blend harmoniously with the Buildings erected or
permitted to be erected on Lots.
7.02 Minimum Setback Lines.
No Building or Structure of any kind and no part thereof shall be placed within the
setback lines established by applicable Town of Leland and County of Brunswick laws,
ordinances and regulations. Provided, however, the following improvements are expressly
excluded from those setback restrictions so long as permitted by the applicable ordinance:
(1) Structures below and covered by ground;
(ii) steps, walks, parking areas, driveways, and curbing;
(iii) planters, walls, fences or hedges, not to exceed four (4) feet in height;
(iv) landscaping, and
(v) any other improvements approved in writing by Declarant.
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7.03 Site coverage and Stormwater Runoff Rules. lust 0 173882 Book 1813Page: 798
All Lots are subject to the State of North Carolina rules and regulations concerning
stormwater runoff as these rules and regulations may be amended from time to time. Without
limiting the foregoing, Declarant or its designee, including the Architectural Review Committee,
reserves the right to impose additional restrictions upon the Property as to the extent required by
the terms of the stoma water permit for the Waterford Development as issued by the State of
North Carolina. Such additional restrictions may be imposed by Declarant by the recording of a
Supplemental Declaration, and no joinder or consent of the Association or any other owner or
person shall be required on such Supplemental Declaration.
(a) This covenant is intended to ensure ongoing compliance with State Stormwater
management Permit Number SW8020510, as amended, as issued by the Division of Water
Quality under NCAC 2H.1000 and any subsequently issued permits or modifications.
(b) The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
(c) These covenants are to run with the land and be binding on all persons and parties
claiming under them.
(d) The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water Quality.
(e) Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water Quality.
(f) The maximum built -upon area for outparcel(s) and future areas shown on the
approved plans is as set forth in said permit which is basically an allotment of 85% impervious
surface for each property. The specific allotment shall be specifically set forth as to each
property in its contract of sale. This allotted amount includes any built -upon area constructed
within the property boundaries and that portion of the tight -of -way between the lot lines and the
edge of the pavement. Built -upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open
wood decking, or the water surface of swimming pools.
(g) The runoff from all built -upon area on the outparcel or future area must be
directed into the permitted stormwater control system.
(h) Built -upon area in excess of the permitted amount will require a permit
modification.
(i) The connection from the outparcel's collection system into the stormwater control
shall be made such that short-circuiting of the system does not occur.
0) Each outparcel or future development tract whose ownership is not retained by the
permittee, shall submit a separate offsite stormwater permit application to the Division of Water
Quality and receive a permit prior to construction
(k) Declarant reserves the right in its sole discretion as state stormwater permits are
modified to recalculate and redesignate maximum built upon areas as set forth in (f) above,
provided such recalculations and redesignations are in accordance with state stormwater permits.
In addition, if any property as finally constructed does not use its allocated built upon area,
Declarant shall have the sole right to reclaim such excess allotment and reallocate it to remaining
properties in its sole discretion.
ARTICLE 8 — PARKING AND LOADING
8.01 Parking.
No parking of automobiles, trucks, or other vehicles will be permitted on any public or
private streets in the Property, and it will be the responsibility of each Owner to provide at all
times sufficient parking and loading facilities on its Lot at least to the minimum standards set
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Last @ 173882 Hook 1813Page: 799
forth herein, and each Owner shall be responsible for compliance with the provisions of this
Section by its employees, customers, visitors, invitees, tenants, and motor carriers serving the
Lot. Each Owner shall keep available and maintain on its Lot paved areas, or land for future
paved areas, at least as set forth below in this Article 8.
8.02 Parking Areas.
Parking areas shall be as approved by the Architectural Review Committee (subject to the
requirements of Town of Leland and County of Brunswick laws, ordinances and regulations). If
parking requirements increase as a result of a change in use or number of employees, additional
off-street parking shall be provided by Owner to satisfy the intent of this section. All puking
facilities and private drives must be approved by the Architectural Review Committee. In
addition, there shall be no parking within the entrances, exits and driveways of or on a Lot
8.03 Loading Docks.
No loading dock shall be erected fronting on any public street unless adequately screened
by landscaping or other screening approved by the Architectural Review Committee pursuant to
Article 6.
8.04 Paving.
Paving of any portion of any Lot used for driveways, parking areas and loading areas
shall be paved with a dust -free, all-weather surface and shall be kept in a good condition and
state of repair as approved by the Architectural Review Committee.
8.05 Curbs: Drivewav Connections.
Subject to applicable law, the edges of all paved areas, driveways and loading areas
adjoining a landscaped area or open space shall be formed and secured with standard concrete
curb and gutter or other neat, permanent edging materials unless otherwise approved in writing
by the Architectural Review Committee.
8.06 Parking Lot Light Fixtures.
The specifications for the parking lot light fixtures shall be as determined from time to
time by the Architectural Review Committee
ARTICLE 9 — BUILDING CONSTRUCTION
9.01 Building Construction.
All Buildings erected on an Owner's Lot shall be constructed with exterior materials
approved by the Architectural Review Committee. All walls of Buildings shall be finished with
face brick, stone, glass or other attractive surface not otherwise prohibited, as approved by the
Architectural Review Committee pursuant to Article 6 of this Declaration. The use of any other
materials shall be permitted only upon the Architectural Review Committee's prior written
approval.
9.02 Specifications:
(a) Every Building shall be built to the following specifications which:
(t) provide adequate fire protection systems;
(ti) provide for all underground utilities (public and private);
(ni) preserve the quality and atmosphere of the area and do not detract
from adjacent properties;
(iv) do not include exterior fire escapes; and
(v) do not make extensive use of reflective or mirrored glass.
(b) Each Budding, complex of Buildings or separate business enterprise shall
have a trash dumpster on the premises adequate to handle the trash and waste items generated,
manufactured or acquired thereon by such activities. The sorting, removing and disposing of all
such waste materials must be constantly housed or screened in a manner approved in writing by
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the Architectural Review Committee. All facilities and plans for the disposal of wastes other
than by public sewerage methods (such as shredding, compaction, incineration, reclamation or
chemical dissolution) must be approved in writing by the Architectural Review Committee.
(c) Each kitchen facility within a restaurant shall contain a water flushing
garbage grinder disposal. Scheduling for grease traps, trash removal and deliveries shall be as
set forth in the Rules and Regulations promulgated by Declarant or Association.
(d) All Structures will be equipped with gutters, downspouts and/or other
interior or exterior drainage conveyances if determined appropriate by the Architectural Review
Committee and are tied in underground to storm drainage system.
(e) No excavation shall be made except in conjunction with construction of an
improvement. When such improvement is completed, all exposed openings shall be back -filled
and graded.
ARTICLE 10— LANDSCAPING AND MAINTENANCE OF GROUNDS AND
BUILDINGS
10.01 Landscaping Plans.
All Lots upon which a Building is constructed shall be landscaped in accordance with (i)
applicable Town of Leland and County of Brunswick laws, ordinances and regulations and (it)
the plans approved by the Architectural Review Committee pursuant to Article 6 hereof.
Landscaping plans shall be submitted to the Architectural Review Committee prior to
commencement of any construction and all landscaping plans, once approved by Architectural
Review Committee, shall not be altered without the Architectural Review Committee's prior
written approval Landscaping plans shall include adequately defined information pertaining to
areas to be landscaped with lists, size and locations of planting materials. Landscaping pursuant
to such landscaping plans approved by the Architectural Review Committee shall be installed
within thirty (30) days after the occupancy or completion of a Building, whichever occurs first.
Landscaping shall.
(a) Be required on all sites contemporaneously with completion of other
improvements, but in no event later than thirty (30) days after first occupancy or completion of
Buildings, whichever shall first occur.
(b) Conform to a landscaping plan approved by the Architectural Review
Committee Normally, such approval will be limited to landscaping plans which:
(i) provide automatic underground sprinkling systems for all
landscaped areas directly adjacent to the Building;
(it) do not obstruct sight lines of street or driveway intersections;
(iu) preserve existing trees within any buffer required by the
Architectural Review Committee and/or the Town of Leland (it
being understood that trees within the buffer CANNOT BE
REMOVED without prior written approval of the Architectural
Control Committee; and
(iv) permit reasonable access to public and private utility lines and
easements for installation and repair.
10.02 Landscaping Outside of Building Lines; Screening of Parking and Loading Areas.
All areas between required Building Lines and property lines not used for drives, walks,
parking, and loading areas must be attractively landscaped and maintained. The landscaping
plan shall include the use of indigenous trees, evergreens, palms and other subtropical material
conducive to this area and other landscaping plants approved by the Architectural Review
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Inst 8 173682 Book 1813Page: 801
Committee. Groups of indigenous trees and tall evergre�,., wiau oe provided between property
lines and Building Lines along streets to provide year round screening in these areas. All
parking areas and loading areas shall be adequately screened from adjacent roadways and/or
properties.
Not less than fifteen percent (15%) of any Lot shall be devoted to Green Area unless
otherwise approved by the Architectural Review Committee As used herein, "Green Area" shall
mean an area of land associated with, and located on the same tract of land as, a Building or
group of Buildings, in relation to which it serves to provide light and air or scenic, recreational or
similar purposes. Such space shall, in general, be available for entry by the occupants of the
Building or Buildings involved, but may include a limited proportion of space so located and
treated as to enhance the amenity of the development by providing landscaping features,
screening for the benefit of occupants of those in neighboring areas, or a general appearance
of openness. Green Area may include, but shall not be limited to, lawns, decorative planting,
wooded areas, landscaping areas covering structures that are not protruding more than ten (10)
feet above ground level, sidewalks and walkways, active and passive recreational areas, and
water surfaces that comprise not more than twenty-five percent (25%) of the total Green Area. It
shall not include parking lots or other vehicular surfaces or accessory Buildings.
10.03 Rubbish; Mowing.
The record Owner of each Lot shall keep the property free of rubbish and trash and shall
keep grass, weeds and undergrowth mowed so as to keep the Lot in a neat and clean condition.
10.04 Maintenance of Landscaping; Sprinklers.
The landscape development having been installed, shall be maintained by the Owner or
tenant of the Lot in a neat and adequate manner subject to the provisions of 5.01(c), which shall
include the mowing of lawns, trimming of hedges, and removal of weeds from planted areas on
the Owner's Lot and public and private rights -of --way adjacent thereto. Maintenance of the
landscaping development shall include remulching, replacement of all plant material included in
the approved landscaping plan. A sprinkler system and adequate watering shall be required for
all landscaped areas (except those which have been left in a natural state). Declarant and/or
Association reserve the right to require the use of reuse water for irrigation from reuse water
ponds and the corresponding right to prohibit the use of individual wells.
10.05 Maintenance of Clean Condition; Compliance with Laws; Disposal of Trash.
Each Owner and tenant shall keep its premises, Building(s), improvements and
appurtenances in a safe, sightly, clean and neat condition (including, without limitation, all
necessary painting, repair and cleaning) and shall comply with all governmental, health, and
police requirements Each Owner and every tenant and occupant of a Lot shall remove at its own
expense any rubbish or trash of any character which may accumulate on its property. Rubbish
and trash shall not be disposed of on the premises by burning in open fires
10.06 Association's Right to Maintain.
In the event any Owner, tenant or occupant does not comply with the provisions of this
Article within ten (10) days after written notice by the Association, the Association and its
representatives or employees shall have the right to enter on such Lot and perform the work
specified in such notice and the Owner, tenant or occupant, each having liability therefor, shall
pay the cost thereof within thirty (30) days following demand. If the cost of such work is not
paid after such demand is made therefor upon such Owner, tenant or occupant, it shall become a
hen on such Lot as a Specific Assessment. In addition, the Owner, tenant or occupant shall be
deemed to have contracted with the Association for that work and the Association shall be
entitled to file and enforce a mechanic's lien against the interest of the Owner, tenant or occupant
for the cost of that work and to recover the cost of that work and any other allowable fees or
expenses in accordance with North Carolina mechanic's lien law.
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10.07 Drainage.
Where storm water drainage is not piped, it shall be passed through drainage ditches and
swales which may be constructed and maintained on each Lot by the Owner thereof (at such
Owner's expense), and such drainage ditches and swales shall comply with all rules, regulations
and requirements of Brunswick County and/or the Town of Leland and/or other governmental
entities, districts or authority(ies) having jurisdiction.
ARTICLE I I —OUTSIDE STORAGE
11.01 Outside Storage; Screening.
No outside storage of any type (including, but not limited to, materials, supplies,
equipment, finished or semi -finished products, raw materials or articles of any nature) shall be
stored or permitted to remain on any Lot outside the Building or Buildings constructed thereon,
without the prior written approval of the Architectural Review Committee pursuant to Article 6
(except during initial construction of a Building) Any permitted storage shall be screened
and/or fenced in accordance with the terms of the Architectural Review Committee's approval
and shall be continued only in accordance with the terms of the Architectural Review
Committee's approval.
11.02 Trash Facilities.
Facilities for storage of waste and rubbish shall be maintained in closed containers of a
type approved by the Architectural Review Committee in writing and in locations with fencing
and landscaping approved by the Architectural Review Committee in writing. All trash facilities
are subject to further rules and regulations adopted by Declarant or Association.
11.03 Storage of Liquids.
The bulk storage of any liquids on the outside of Buildings shall be permitted only in
locations and in a manner as may be approved in writing by the Architectural Review Committee
and the Town of Leland or County of Brunswick.
ARTICLE 12—MINERALS
12.01 Minerals.
No oil or gas drilling, oil development, mining or quarrying operations of any kind shall
be permitted upon the Property, or any part thereof, nor shall oil wells, tanks, tunnels, mineral
excavations or shafts be permitted upon the Property or any part thereof without prior written
approval of the Board
ARTICLE 13 — SIGNS
13.01 Sien Requirements.
Subject to approval by the Architectural Review Committee, one (1) temporary sign may
be erected on a Lot prior to and during construction of any Buildings or Structures thereon
(unless additional temporary signs are approved by the Architectural Review Committee). After
construction is substantially complete, such temporary signs shall be promptly removed and may
be replaced with an appropriate permanent building identification signage as approved in writing
by the Architectural Review Committee. Each building identification sign will be constructed of
standard materials prescribed by the Architectural Review Committee. Unless the prior written
approval of the Architectural Review Committee is obtained, no building identification sign shall
be attached to any Structure or Building located upon a Lot, and each building identification sign
shall be free-standing and located in a manner intended to provide ready identification from
Roads or other rights -of -way located within the Property.
The Plans submitted for approval pursuant to the requirements of Article 6 above shall
identify the location of the permanent building identification sign, if any, which the Owner
desires to locate upon the Lot. Relocations of permanent building identification signs are subject
to approval by the Architectural Review Committee. In addition, the location, style, graphics,
and other features and characteristics of any other temporary or permanent signs (including,
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Inst § 173882 Book 1813Page- 803
without limitation, directional signs, traffic control signs and promotional signs) shall be subject
to the prior written approval of the Architectural Review Committee.
Any and all signs on the Property must comply with all applicable requirements and
ordinances of the Town of Leland and/or County of Brunswick. Flashing or moving signs shall
be prohibited on the Property
13.02 Sien Aooroval
All signs must be approved by the Architectural Review Committee in writing pnor to
order, purchase or installation. Normally, such approval will be limited to those signs which:
(a) Identify the name and business of the occupant, or which give directions, or
which offer the premises for sale or lease. The Committee shall approve all signs prior to
installation and may impose size limits. No advertising signs or billboards or other advertising
structure(s) of any kind shall be erected on any Unit or displayed to the public on any Unit
subject to these restrictions without prior written approval of the Committee. This covenant shall
not apply to signs erected by the Declarant, including signs used to identify and advertise the
Properties as a whole, or construction identification signs approved by the Committee showing
Unit numbers and name of builder, or for a homeowner for the purposes of identifying the
homeowner as a resident on said Unit. Declarant or Committee retains the right to modify this
restriction including the right to disallow signs altogether or to require that all signs must be of
similar size and color. Declarant or Committee has the right to enter upon the unit and remove
any unapproved sign.
(b) Are not of unusual size or shape when compared to the Building or
Buildings on the Property; or
(c) Preserve the quality and atmosphere of the area.
Signs of a flashing or moving character and inappropriately colored signs will not be permitted.
The Association shall have the right to enter on and to remove any sign erected without such
written approval.
ARTICLE 14- PERMITTED AND PROHIBITED USES
14.01 Nonresidential Purposes
Lots are hereby restricted exclusively to nonresidential purposes; provided, however, this
covenant shall not apply to hotels, motels, or similar temporary stay facilities. This Declaration
specifically provides that the North Carolina Planned Community Act (N.C.G.S. §47-F) does not
apply to the Commercial Property.
14.02 General Restrictions.
The Property shall be used only for those purposes as permitted in this Declaration and in
the zoning ordinances of the Town of Leland and/or County of Brunswick in force and effect on
the date of this Declaration (as the same may hereafter from time to time be amended) The
Declarant reserves the right, however, further to limit or restrict the use of a particular Lot or
Lots under the provisions noted throughout these Restrictions. No use will be made of any Lot
or any portion thereof or any Building or Structure thereon at any time, nor shall any materials or
products be manufactured, processed or stored thereon or therein, which shall in the opinion of
the Declarant and/or the Architectural Review Committee cause an undue fire or health hazard to
adjoining properties, detract or hinder the visibility of adjoining properties, or constitute a
nuisance or cause the emission of noxious odors or gases or smoke, or cause noises or other
conditions which might violate the purpose and intent of these Restrictions and development
criteria or which shall constitute a violation of any law of the United States, the State of North
Carolina, County of Brunswick and/or Town of Leland, or any other applicable law, ordinance
rule or regulation. No antenna or tower shall be erected on the Property for any purpose without
prior written approval from the Declarant. Satellite dishes will be allowed as approved by the
Architectural Review Committee in its sole discretion.
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14.03. Prohibitions.
No operation or use shall be permitted or maintained which causes or produces any of the
following effects discernible outside the improvements or affecting any adjacent property:
(a) Noise, sound or vibration that is objectionable because of its volume, duration,
intermittent beat, frequency or shrillness;
(b) Smoke;
(c) Noxious, toxic or corrosive fumes or gases;
(d) Obnoxious odors, or
(e) Dust, dirt or fly ash.
(f) The following list of uses are prohibited: agricultural uses, kennels, sanitary
services, mint warehouses, adult entertainment establishments, bars, cabarets, discos, fruit and
vegetable stands, funeral homes, stables, dwelling units contained within the principal use of the
structure excluding security personnel, all recycling facilities, outdoor bazaars, Christmas tree
sales, pumpkin sales, evangelistic and religious assemblies not conducted at a church.
The only excavations allowed on the Property shall be those made in connection with
construction of an improvement, and then only when proper protection is afforded to adjacent
property. Upon completion of such excavations, all exposed openings shall be backfrlled and
distributed grounds shall be graded, stabilized and restored as close to its original condition as is
practicable.
ARTICLE 15 — UTILITY CONNECTION
15.01 Utilitv Connections.
All public utility connections and installations of wires and conduits and gas lines or the
equivalent to Buildings (except for those servicing temporary construction) shall be made
underground from the nearest available power, gas or other services source Transformers,
meters of any type or other apparatus shall be screened and landscaped, and all such installations
shall be subject to prior written approval of the Architectural Review Committee pursuant to
Article 6.
ARTICLE 16—SUBDIVISION
16.01 Approval by Architectural Review Committee.
Except as provided in Section 16.02 and 16.03 below, no Lot shall be subdivided nor
shall any portion be separately sold, leased or rented, nor shall separate Lots be combined, unless
and until the plan for such proposed subdivision or separate sale, leasing or renting or
combination shall have been submitted to and approved in writing by the Architectural Review
Committee and, if applicable, any governmental authority having jurisdiction thereof. The
Architectural Review Committee shall not approve any subdivision or combination which would
violate any setback, open space or other requirements of this Declaration or of any applicable
governmental entity having jurisdiction thereof. Notwithstanding anything herein to the
contrary, the approval by the Architectural Review Committee of subdivisions or combinations
of property owned by Declarant as provided in Sections 16.02 and 16 03 below shall not be
required.
16.02 Subdivision by Declarant.
The Property owned by Declarant may be subdivided by Declarant into individual Lots.
16.03 Combination: Resubdivision by Declarant.
Lots owned by Declarant may be combined and/or resubdivided in Declarant's sole
discretion and without the need of approval or consent by any party, provided all Lots resulting
from such combination and/or resubdivision meet all applicable governmental subdivision rules,
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Inst 8 173882 Book 1813Page: 805
regulations and codes. Resubdiviston resulting in a violation of setback, open space or other
requirements is prohibited.
ARTICLE 17—EASEMENTS
17.01 Utilities.
In addition to easements and rights -of -way in existence at the time of the conveyance by
Declarant of any Lot, non-exclusive easements and rights -of -way are reserved in favor of the
Declarant and the Association in, over and under a strip of land ten (10) feet in width along all
rear and side parcel lines for utility easements to be utilized by the Declarant and the Association
for the installation, maintenance, repair and replacement of such utilities (including, without
limitation, electricity, gas, telephone, cable TV, water, sewer and drainage) as may be necessary,
appropriate or desirable for other development of the Property and the servicing of Lots within
the Property. The execution of formal easements, as and when such utility easements shall be
deemed by the Association to be appropriate, shall be entirely at the discretion of the
Association, and the Association shall have the right to execute any such easement agreements
without the joint execution or the consent of the Owner of any Lot affected. For such purposes,
the non-exclusive use of all or any part of such easements and rights -of -way may be granted or
conveyed by the Association to any person, firm, governmental unit or agency or corporation
furnishing any such services. In the event that (i) an Owner shall be the Owner of the adjoining
Lots or (ii) a subdivision or combination of an Owner's Lot(s) has been effected in accordance
with Article 15, such Owner shall have the right, at its sole cost and expense, to relocate the
easements reserved under this paragraph to another location upon such Owner's Lot(s), provided
that (i) such relocated easement provides substantially the same services as the original easement
and (ii) utility services to other portions of the Property are not interrupted. The Association
shall, upon satisfaction of the conditions and requirements set forth in the preceding sentence,
execute such instruments of documents that may be necessary or desirable to relocate such utility
easements at the Owner's expense. Nothing contained in this Section 17.01 shall place any
obligation upon the Association for the installation, maintenance, repair or replacement of
utilities within the easement areas reserved under this Section unless the Association expressly
assumes such obligation following approval of the Members at a meeting duly called subject to
the voting and quorum requirements set forth in Article 4.
17.02 Recreational Pathways Easement Areas.
The Declarant may, at its option, establish easements across any portion of the Property
for recreational pathways (the areas so devoted to such recreational pathways easements being
referred to herein as the "Recreational Pathways Easement Areas"). If recreational pathways are
constructed on any Lot, Declarant agrees to use good faith efforts, to the extent practicable, to
locate the Recreational Pathways Easement Areas in the vicinity of the edges of such Lot or in
areas which do not materially impair the use or value of the Lot. The Declarant and all other
Owners hereby grant and convey to the Association, its successors and assigns, permanent
nonexclusive easements and rights of way over and under the Recreational Pathways Easement
Areas for the purposes of (i) the use of the Recreational Pathways Easement Areas for pedestrian
traffic within the Property, (ii) maintaining, repairing, replacing and improving the recreational
pathways located from time to time within the Recreational Pathways Easement Areas, and (in)
performing any obligations of the Association with respect to the Common Areas as are specified
in Article 5 of this Declaration.
17.03 Entrance Sign and Fencing Easement Areas.
The Declarant may, at its option, establish easements for entrance signs for the Property
and fencing (the "Entrance Sign Easement and Fencing Areas') in locations to be determined by
Declarant. The Declarant and all other Owners hereby grant and convey to the Master
Association and the Association, its successors and assigns, permanent nonexclusive easements
and rights of way over and under any Entrance Sign Easement and Fencing Areas for the purpose
of (i) the use of the Entrance Sign Easement and Fencing Areas as part of the Common Areas for
the placement of such signs and fences therein as maybe approved by the Architectural Review
Committee from time to time, (it) constructing, maintaining, repairing, replacing and improving
signs and fences within the Entrance Sign Easement and Fencing Areas, and (iii) performing any
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obligations of the Association with respect to the Common Areas as are specified in Article 5 of
this Declaration.
ARTICLE 18—PRIVATE ROADS, RESERVED EASEMENTS, AND
RESERVED RIGHTS
18.01 Private Roads.
In the development of the Property, the Declarant may construct certain private streets
within the Property connecting parcels of the Property to public rights -of -way or to the Roads.
Except as set forth in the Master Cross Access Easement described hereinafter, the Owners shall
have no more than an easement for ingress and egress over and across such private streets for
themselves, their tenants, agents, employees, representatives, invitees and assigns, and there shall
be no public rights of any kind therein except as may be dedicated by the Declarant. Declarant
reserves unto itself its successors and assigns, all easements and rights of way over the private
roads and Common Areas for ingress, egress, utilities for access to and development of any
property
18.02 Master Cross -Access Easement and Maintenance Agreement.
The Declarant has recorded in Book 1683 at Page 1026 of the Brunswick County
Registry a Master Cross -Access Easement and Maintenance Agreement for Waterford which
grants to Lot Owners herein a right of common reciprocal access, ingress, egress and use of such
Mixed -Use Common Areas as described therein and for the allocation of expenses of maintenance
of such areas. All Lots are subject to the terms and conditions thereof and are held together with
all rights and privileges as set forth in the Master Cross -Access Easement.
18.03 Reserved Rights.
Declarant reserves unto itself, its successor and assigns the following rights:
(1) the right to complete improvements indicated on its plats and plans;
(ii) the right to exercise any development rights;
(in) the right to maintain sales offices, management offices, signs advertising the
Property or any additions thereto or any other property owned and/or developed by Declarant;
(iv) the right to use easements through the common elements for the purpose of
making improvements within the Property or within real estate which may be added to the
Property;
(v) the right to make the Property part of a larger planned community or group of
planned communities,
(vi) the right to subject the Property to a master association; and
(vii) the right to appoint or remove any officer, director or executive board member of
any property owners' association (including, without limitation, the Association, any sub -
association and/or the Master Association) during the Class B Control Period.
ARTICLE 19—ASSESSMENTS
19.01 Assessments Established.
(a) General Annual Assessments as provided in Section 19.02 of this Article.
(b) Special Assessments as provided in Section 19.03 of this Article.
(c) Specific Assessments as provided in Section 19.04 of this Article.
All of the foregoing (together with interest at the maximum rate allowed by law, court
costs, late charges, charges for reasonable attorneys' fees and all costs and expenses of
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Imt 0 173882 Book 1813Page: 807
collection) are continuing charge on the land and are secured by a continuing lien upon the Lot
against which such assessments are made, as provided in Section 19.08 below. Each assessment
(together with interest at the maximum rate allowed by law, court costs, late charges, charges for
reasonable attorneys' fees and all costs and expenses of collection) is also the personal obligation
of the person who was the Owner of such Lot when such assessment became due and is a lien on
the Lot, which lien will remain on the Lot even if title to the Lot is transferred to any other
person or entity whether or not related to the Owner; provided, however, the personal obligation
for delinquent assessments shall not pass to the Owner's successors in title unless expressly
assumed by them. Co -owners of a Lot shall belointly and severally liable for the entire amount
of the assessment.
19.02 General Annual Assessment.
The General Annual Assessment shall be used exclusively to promote the recreation,
health, safety and welfare of the Owners within the Property, including, without limitation, (i)
the operation, management, maintenance, repair, servicing, security, renewals, replacement and
improvement of the Common Areas and other responsibilities of the Association set forth in this
Declaration, (it) taxes assessed on the Common Areas; (iii) insurance on and with respect to the
Common Areas (including liability insurance); and (iv) all other general activities and expenses
of the Association, including the enforcement of this Declaration. The General Annual
Assessment shall be utilized for payment of costs and expenses relating to the following (which
list is not intended to be exclusive or exhaustive):
(a) Street lights and all other utilities;
(b) Streetlight maintenance,
(c) Common Areas maintenance reserve,
(d) Maintenance of the Common Areas (including, without limitation,
recreational pathways, irrigation systems and landscaping);
(e) Street and sidewalk snow removal;
(0 Liability insurance,
(g) Officers' and directors' insurance;
(h) Tax preparation,
(1) Bookkeeping;
G) Office supplies/check printing;
(k) Property taxes on Common Areas (main road, internal road, sewer access);
(1) Common signs and sign easements;
(m) Stormwater Retention Facilities maintenance and repair and compliance
with all terms and conditions of stormwater retention permits which charges, maintenance and
repairs are performed by the Waterford Residential Association and billed to Association for
inclusion in the General Annual Assessment;
(n) Stormwater Retention Facility maintenance and repair and compliance
with all terms and conditions of stormwater retention permits which charges, maintenance and
repairs are not performed by the Waterford Residential Association or any individual property
owner or project
(o) Maintenance and repair of drainage and utility easements;
(p) Maintenance, cleaning, repair and replacement of Roads until accepted for
maintenance by the appropriate governmental authorities;
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(q) Storm repair, replacement and cleanup; and
(r) Mixed Use Common Area Expenses as established in the Master Cross
Access Easement and Maintenance Agreement described herein.
The General Annual Assessment provided for herein shall commence on the date of
conveyance of each Lot to an Owner other than Declarant and shall be prorated based upon the
number of calendar months, or portion thereof, remaining in the fiscal year in which the
conveyance of each Lot occurs.
19.03 Special Assessments
In addition to the General Annual Assessment, the Association may levy a Special
Assessment for the purpose of defraying, in whole or in pan, the cost of any acquisition,
construction, reconstruction, renewal, repair or replacement of a capital improvement upon the
Common Areas and for such other purposes as may be determined from time to time by the
Board, provided such assessment first is approved by a vote of two-thirds (2/3) of the votes cast
at a duly called meeting of the Association, subject to the quorum requirements established by
Article 4, and subject to the requirement that written notice of the meeting and of the proposed
action is sent to Members of the Association at least ten (10) days prior to such meeting but not
more than sixty (60) days prior to such meeting. Any such Special Assessment may be payable
in one or more installments with or without interest as the Board determines.
Notwithstanding anything to the contrary contained in this Declaration, the Board may, at
any time and from time to time, levy a Special Assessment should the Board determine that there
shall be a deficit in its receipts versus its expenditures for any fiscal year of the Association. The
purpose of such Special Assessment shall be to defray any such deficit. Approval is required of
the levy of this Special Assessment by a simple majority vote of the votes cast at a duly called
meeting of the Association for the purpose of acting on such Special Assessment, subject to the
quorum requirements established by Article 4 and subject to the requirement that written notice
of the meeting and of the proposed action is sent to the Members of the Association at least ten
(10) days prior to such meeting, but not more than sixty (60) days prior to such meeting.
19.04 Srecific Assessments
Any of the following costs and expenses may be assessed by the Association as a
"Specific Assessment" against any specific Lot or Lots in the event the Owner (or Owners) of
such Lot (or Lots) fails to pay such indebtedness due to the Association within thirty (30) days
after written demand therefor: (1) any and all accrued indebtedness of any Owner to the
Association arising under any provision of this Declaration, arising by contract (express or
implied), or arising because of any act or omission of any Owner or person for whose conduct
such Owner is legally responsible or to cover the costs incurred in bringing a Lot into
compliance with this Declaration, the Articles, the Bylaws or the Rules and Regulations of the
Association; (2) any common expense or portion thereof benefiting fewer than all of the Lots;
and/or (3) any costs incurred by the Association to bring the relevant Lot(s) or Common Areas into
compliance with the terms of these Restrictions, the Articles, Bylaws or Rules and Regulations
caused by the failure of Owner, or the Owner's agents, lessees, guests, or invitees, to comply with
such provisions (including, without limitation, any acts of negligence or misconduct). In the event
any Owner fails to perform any obligation required herein, the Association may perform such
obligation on the Owner's behalf, assess a fine for such failure to comply, and levy the cost of
such performance or remedy against the Owner and the Owner's Lots) as a Specific Assessment
hereunder.
19.05 Amount; Due Dates.
The assessment period shall be the fiscal year. The amount of the General Annual
Assessment, as determined in accordance with a budget prepared according to the criteria
contained in Section 19,02, shall be fixed by the Board on or before June 30 of each calendar
year; provided, however, that the amount of the General Annual Assessment for the first fiscal
year shall be fixed by the Board within sixty (60) days following the recording of this
Declaration. Written notice of the assessment shalt be given each Owner The Board shall
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establish the due dates in its discretion. The General Annual Assessments shall be paid at least
annually, although the Board may require them to be paid more often. As to each Lot (but
subject to Section 19.04 above), the amount of each assessment shall be the sum obtained by
multiplying the total General Annual Assessment amount m described above by a fraction
having as its numerator a number equal to the gross square feet of Owner's Lot and Buildings as
described in 4 02(a) above and as its denominator a number equal to the total square footage of
all Lots in the subdivision plus the total heated square footage of all Buildings erected on Lots
within the Subdivision.
19.06 Commencement.
The assessments provided by this Article will commence as to each Lot on the date of the
conveyance of the Lot to an Owner other than Declarant.
19.07 Assessment Lien.
All sums assessed to any Lot (together with interest at the maximum rate allowed by law,
court costs, late charges, charges for reasonable attorneys' fees and all costs and expenses of
collection) are secured by a continuing lien on such Lot in favor of the Association. Such lien is
subject and inferior to the lien of any Mortgage encumbering such Lot as provided in Section
19.11, below, but all other lienors acquiring liens on any Lot after the Declaration is recorded are
deemed to consent that such liens are inferior to the lien established by this Declaration whether
or not such consent is set forth in the instrument creating such lien. The recording of this
Declaration constitutes constructive notice to all subsequent purchasers and creditors, or either,
of the existence o f the Association's lien and its priority. The Association from time to time
may, but is not required to do so, record a notice of lien against any Lot to further evidence the
lien established by this Declaration.
19.08 Association Remedies.
Any assessment or portion thereof not paid within ten (10) days after its due date is
deemed to be delinquent and shall bear interest at the lesser of (i) the rate of eighteen percent
(IS%) per annum or (it) the highest rate permitted by applicable law from the date of such
default. The Association shall be entitled to enforce all remedies of the Association provided
herein for delinquent assessments if such delinquency continues for thirty (30) days following
written demand by the Association to cure such delinquency. Upon an Owner's failure to pay
any installment of an assessment for which installment payments are permitted, the Association
may declare the whole assessment immediately due and payable upon ninety (90) days notice as
aforesaid. The Association may sue the Owner personally obligated to pay such assessment for a
moneyjudgment and/or may foreclose its lien against the Lot A suit to recover a money
judgment for unpaid assessments may be maintained without foreclosing, waiving, or otherwise
impairing the security of the Association's lien or its priority. No Owner may waive or escape
liability for the Association's assessment by nonuse of the Common Areas or by abandonment of
such Owner's Lot.
19.09 Foreclosure.
The lien for sums assessed pursuant to this Article shall be deemed a mortgage for the
purposes of, and may be foreclosed by appropriate action in accordance with Article 29A of
Chapter I of the North Carolina General Statutes, or may be foreclosed in any other manner
permitted by law. In any such foreclosure, the Owner is required to pay all costs and expenses of
foreclosure, including reasonable attorneys' fees. All such costs and expenses are secured by the
lien foreclosed Such Owner also is required to pay the Association all assessments against the
Lot that become due during the period of foreclosure, which also are secured by the lien
foreclosed and will be accounted and paid as of the date the Owner's title is divested by
foreclosure. The Association has the right and power to bid at the foreclosure or other legal sale
to acquire the Lot foreclosed, or to acquire such Lot by deed or other proceeding in lieu of
foreclosure, and thereafter to hold, convey, lease, rent, use and otherwise deal with such Lot as
its owner. If any foreclosure sale results in a deficiency, the Owner shall remain liable therefor.
The Association may not own or otherwise acquire Lots except pursuant to foreclosure of the
Association's lien or pursuant to a deed in lieu of foreclosure of the Association's lien.
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The lien provided for herein in connection with a given Lot or Lots shall be subordinate
to the lien or any Mortgage that is of record as an encumbrance against such Lot or Lots. The
sale or transfer of any Lot pursuant to ajudicial foreclosure or foreclosure by power of sale of a
Mortgage encumbering any Lot shall extinguish any subsequent assessment lien which has
attached and become effective with regard to the Lot being so transferred, and shall prohibit the
creation of any lien against such Lot on account of expenditures which became due prior to the
date of such sale or transfer; provided, however, that there shall be a lien on the interests of the
purchaser at such sale which shall attach, be created and become effective, and be foreclosed in
accordance with this Declaration and which shall secure all assessments becoming due after the
date of any such sale or transfer. For the purposes of this section, a sale or transfer of a Lot shall
be deemed to occur on the date of recordation of a deed or other instrument of title evidencing
the conveyance of record title to the Lot.
19.11 Exemption of Declarant.
Notwithstanding anything to the contrary contained in this Declaration, Declarant shall be
exempt from the payment of Assessments for any (i) unsold Lot(s) owned by Declarant which
are unplatted or planed of record in the Registry and (ii) any other portions of the Property
owned by Declarant.
19.12 Working Capital.
At the time title to a Lot is conveyed to an Owner by Declarant and in every transaction
thereafter involving the sale of the Lot, each new Owner shall contribute to the Association as
working capital an amount to be designated by the Declarant (such amount not to exceed the
amount of the total General Annual Assessment due relative to such Lot during the calendar year
of such conveyance). Such funds shall be used for operating and capital expenses of the
Association such as prepaid insurance, supplies and the expenses of maintaining the Common
Areas as provided herein. Amounts paid into the working capital fund are not to be considered
as an advance payment of the General Annual Assessment. All working capital funds shall
become a part of the general operating and revenue funds of the Association.
ARTICLE 20 -ASSIGNABILITY OF DECLARANT'S RIGHTS AND
DUTIES
20.01 Assignment of Declarant's Rights.
Declarant may assign any or all of its rights, powers and reservations as Declarant
hereunder to any person or entity which owns or controls a substantial part of the Property or in
connection with a sale or transfer by Declarant to any person or entity of substantially all of
Declarant's remaining Property. Where such person or entity evidences its consent in writing to
accept such assignments and assume such duties, he, she or it shall, to the extent of such
assignment, have the same rights and powers and be subject to the same obligations and duties as
are imposed upon Declarant hereunder and Declarant shall be relieved thereof. The term
"Declarant" as used herein includes all such assignees and their heirs, successors and assigns.
ARTICLE 21 -ENFORCEMENT AND DURATION
21.01 Covenants Running With Land.
The conditions, covenants, restrictions and reservations herein contained shall run with
the land, and be binding upon and inure to the benefit of Declarant, the Association and the now
and future Owners of every part of the lands now or hereafter covered by the provisions hereof;
shall create mutual, equitable servitudes upon each Lot in favor of every other such Lot and
shall create reciprocal rights and obligations between and among Declarant, the Association and
the respective Owners and tenants of all Lots and privity of contract and estate between
Declarant, the Association and all Owners of said Lots, their heirs, successors and assigns;
provided, however, only the Declarant or its assignees shall have the right to exercise the
discretionary powers herein reserved to the Declarant.
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21.02 Enforcement. Inst 8 173882 Book 1813Page: 811
These Restrictions may be enforced as herein provided by Declarant, the Association, any
Owner, or any tenant with approval of the Owner of the Lot of which the tenant occupies in
whole or in pan, and violation of any condition, covenant, restriction or reservation herein
contained shall give to Declarant, the Association, and to the Owners or any of them, the right to
bring proceedings at law or in equity against the party or parties violating or attempting to violate
any of said Restrictions, to enjoin them from so doing, to cause such violation to be remedied, or
to recover damages resulting from any such violation. Every act, omission to act, or condition
which violates these Restrictions shall constitute a nuisance and every remedy available at law or
in equity for the abatement of public or private nuisances shall be available to the Declarant, the
Association and the Owners. In any legal or equitable proceeding to enforce the provisions
hereof or to enjoin their violation, the party or parties against whom judgment is entered shall
pay the reasonable attorneys' fees of the party or parties for whom judgment is entered in such
amount as may be fixed by court in such proceeding. Such remedies shall be cumulative and not
exclusive. The Association shall have the right to remedy any violation of this Declaration and
the Bylaws and assess the costs of remedying same against the offending Owner as a Specific
Assessment. For any violation by an Owner (including, but not limited to, the nonpayment of
any General Annual, Special or Specific Assessment), the Association shall have the right to
suspend the offending Owner's voting rights hereunder and the use by such Owner, his agents,
lessees, employees, licensees and invitees of the Common Areas in the Subdivision for any
period during which a violation continues (except that such penalties may not be for more than
sixty (60) days for violation of any of the Association's published Rules and Regulations). The
Association may establish a schedule of fines for the violation of this Declaration, the Articles,
Bylaws and Rules and Regulations. The remedies provided by this Section are cumulative, and
are in addition to any other remedies provided by law.
21.03 Dedication.
It is understood that from time to time Declarant or other Owners or the Association may
dedicate portions of the Property to various governmental bodies or to public utilities, to be used
as public streets, utility corridors, or similar purposes essential to the use and development of the
Property.
21.04 Prioritv
All Restrictions and other provisions, except for liens for assessment, herein contained
shall be deemed prior and superior to all Mortgages now or hereafter executed upon land subject
to this Declaration, and to all leases covering part or all of any Lot; provided, however, the
violation of these Restrictions shall not defeat nor render invalid the lien of any Mortgage made
in good faith and for value, nor the leasehold estate of any tenant except to the extent otherwise
expressly provided in its lease. If any portion of the Property is sold under foreclosure of any
Mortgage, any purchaser at such sale, and his or her successors and assigns, shall hold any and
all of such properties purchased subject to all of the Restrictions and other provisions hereof as
fully as if such purchaser were an onginal party to this Declaration.
21.05 No Waiver.
The failure of Declarant or any Owner or the Association to take action to enforce the
provisions hereof or to enjoin their violation shall in no event be deemed a waiver of its right
subsequently to do so, nor shall it be deemed a waiver of any subsequent default or of the
continuation of any existing default nor shall such failure give rise to any claim or course of
action against Declarant, Association or any Owner.
21.06 Duration.
These Restrictions shall run with and bind the land and shall be binding upon and shall
inure to the benefit of the Association, the Declarant and each Owner, their respective legal
representatives, heirs, successors and assigns and parties and all persons claiming under or
through Declarant or any Owner for a period of twenty (20) years, at which time the Restrictions
shall he automatically extended for successive periods of ten (10) years; provided, however, that
there shall be no renewal or extension of this Declaration if, during the last year of the initial
40808.3 26

Imt 4 173882 Book 1813Page: 812
period (or during the last year of any subsequent ten (10) year renewal period), three -fourths
(3/4) of the votes at a duly held meeting of the Association are cast in favor of terminating this
Declaration at the end of its then current term; provided, however, that so long as Declarant owns
at least twenty percent (20%) of the Lots including, without limitation, proposed or planned Lots
in the Property, no such termination shall be effective without the written approval of Declarant.
It shall be required that written notice of any meeting at which such a proposal to terminate this
Declaration is to be considered, setting forth the fact that such a proposal will be considered,
shall be given each Member at least (30) days in advance of said meeting In the event that the
Members vote to terminate this Declaration, the President and Secretary of the Association shall
execute a certificate which shall set forth the resolution of termination adopted, the date that
notice of such meeting was given, the total number of votes of Members, the total number of
votes required to constitute a quorum at a meeting of the Association, the number of votes
necessary to adopt a resolution terminating this Declaration, the total number of votes cast in
favor of such resolution, and the total number of votes cast against such resolution. Said
certificate shall be made of record and may be relied upon for the correctness of the facts
contained herein as they relate to the termination of this Declaration.
21.07 Amendments by Members.
(a) The procedure for amendment shall be as follows: All proposed
amendments shall be submitted to a vote of the Members at a duly called meeting of the
Association and any such proposed amendment shall be deemed approved if sixty-seven percent
(67%) of the votes cast at such meeting vote in favor of such proposed amendment; provided,
however, that so long as Declarant owns at least twenty percent (20%) of the Lots including,
without limitation, proposed or planned Lots in the Property, no such amendment shall be
effective without the written approval of Declarant Notice shall be given each Member at least
ten (10) days but not more than sixty (60) days prior to the date of the meeting at which such
proposed amendment is to be considered. If any proposed amendment to this Declaration is
approved by the Members as set forth above, the President and Secretary of the Association shall
execute an addendum to this Declaration which shall set forth the amendment, the effective date
of the amendment, the date of the meeting of the Association at which such amendment was
adopted, the date that notice of such meeting was given, the total number of votes required to
constitute a quorum at a meeting of the Association, the total number of votes necessary to adopt
the amendment, the total number of votes cast to favor of such amendment, and the total number
of votes cast against the amendment. Such amendment shall be recorded in the Registry.
Furthermore, these Covenants may be amended unilaterally by Declarant so long as it
owns twenty-five (25%) or more of the Lots, including without limitation, proposed or planned
Lots in the Property, exclusive of public rights -of -way by recording the appropriate document in
the Registry, and by giving notice of such change to the then Owners of Lots. No such
termination, extension, modification of amendment shall (i) be effective until a proper instrument
in writing has been executed acknowledged, delivered and recorded in the Registry or (ii) affect
any plans, specifications or use theretofor approved by Declarant or any improvements
theretofore or thereafter made pursuant to such approvals. Retention of this right to amend by
Declarant is not intended to affect the general or common scheme of development for the
Property, but to correct and/or modify situations or circumstances which may arise during the
course of development.
(b) Amendments by the Members to this Declaration shall be subject to the
following additional limitations.
(i) if any provisions of this Declaration expressly prohibit or place
limitations upon an amendment to this Declaration, then such provisions shall control over the
provisions of this Section 21,07; and
(ii) this Declaration may not be amended so as to alter any obligation
to pay ad valorem taxes or assessment for public improvements or so as to deprive Declarant, its
designee or successors or assigns of any rights granted or reserved unto Declarant without
Declarant's written approval
408080 27

Inst 0 173882 Hook 1813Page_ 813
ARTICLE 22 - RIGHTS OF HOLDERS OF INSTITUTIONAL
MORTGAGES
22.01 Inspections; Notices.
Any holder of an Institutional Mortgage which is a first lien on a Building site will, upon
written request to the Association and payment of a fee, if any, established by the Board, be
entitled to
(i) Inspect the books and records of the Association during normal business hours;
(ii) Receive a copy of the annual financial statement of the Association, if any,
delivered to the Members;
(iii) Receive written notice of all meeting of the Association and the right to designate
a representative to attend all such meetings;
(iv) Receive written notice of any condemnation or casualty loss that affects the
Common Areas;
(v) Receive copies of any thirty (30) day notice of delinquent assessments given by
the Association to an Owner under Section 20.09 applicable to a Lot upon which
it holds an Institutional Mortgage;
(vi) Receive written notice of a default (other than a default in the payment of
assessments) under this Declaration by an Owner of a Lot upon which it holds an
Institutional Mortgage, if such Owner has failed to cure such default within thirty
(30) days following demand therefore by Association;
(vii) Receive written notice of a lapse, cancellation, or material modification of any
insurance policy or fidelity bond maintained by the Association; and
(viu) Receive written notice of any proposed action that requires the consent of a
specified percentage of Institutional Mortgage holders.
ARTICLE 23 -ADDITIONAL PROPERTY
23.01 Additional Propertv.
During the Class B Control Period, Declarant shall have the right from time to time,
without the requirement of any consent of the Members, to annex any or all of the Additional
Property into the Property, thereby subjecting such Additional Property to the coverage and
operation of this Declaration and the Restrictions herein contained. The Additional Property
may be annexed hereto by filing of record in the Registry an amendment to this Declaration or a
supplement to this Declaration (a "Supplemental Declaration") with respect to the Additional
Property (or the relevant portion thereof) which shall extend the operation, effect and
enforceability of the Restrictions of this Declaration to such Additional Property The
amendment or Supplemental Declaration may contain such complementary additions and
modifications of the Restrictions contained in this Declaration as may be necessary or
appropriate in the sole judgment of Declarant to reflect the different character, if any, of the
Additional Property provided such additions and modifications as are not materially inconsistent
with the plan, intent and spirit of this Declaration
4osos.t 28

Inst 0 173882 Book 1813Page: 814
ARTICLE 24-COORDINATION WITH WATERFORD RESIDENTIAL
PROPERTY ASSOCIATION
24.01 Stormwater Retention Facilities.
Certain stormwater facilities physically located on Waterford commercial property
subject to this Declaration are interrelated with and/or connected to stormwater retention
facilities within the residential property and subject to the residential declaration. The
stormwater retention permit described herein will be transferred to the residential association
which shall assume the responsibility for those stormwater retention facilities enumerated in the
permit. The residential association shall perform all maintenance and repairs to such facilities
and shall insure compliance with the permit conditions and requirements. Such charges shall be
billed to the commercial association to be included in the General Armual Assessment. All
necessary easements for access, maintenance, repair, reconstruction and all other easements
necessary to keep these facilities in compliance with the permits are reserved over those
properties adjoining said facilities and will be shown on recorded maps thereof. The commercial
association, as part of the general assessment, shall prorate all charges associated with the
commercial stormwater retention facilities to commercial property owners based upon the ratio
that the Impervious surface square footage allotment to each property bears to the total allocation
of the facilities.
ARTICLE 25-MISCELLANEOUS
25.01 Notices.
All notices, consents, approvals or other communications (herein called Notices) required
or permitted to be given hereunder shall be in writing and shall be deemed to have been properly
given If sent by registered or certified mail, postage prepaid, addressed as follows:
If to Declarant:
WDV, Inc.
P. O. Box 1967
Wilmington, North Carolina 28402
If to the Association:
Waterford Master Commercial Association, Inc..
P. O. Box 1967
Wilmington, North Carolina 28402
If to any Owner:
At the address specified in the deed from Declarant to the
Owner of the Lot In question, or at such other address
provided In writing to the Association from time to time by
the Owner (if any).
If to an Institutional
Mortgagee:
At the address provided in writing to the Association by
such Institutional Mortgagee.
Declarant, any Owner or any Institutional Mortgagee may change the address to which
notices are to be sent by delivering notice of such address change to the Association in the
manner herein before provided. The Association may change the address to which notices are to
be sent to the Association by delivering notice of such address change to the Declarant, the
Owners, and any Institutional Mortgagee in the manner herein before provided. Notices shall be
deemed given on the date of the registration or certification thereof. The Association shall not be
bound by any change in record ownership of any Lot until it has been given notice of such
change in ownership and the address of such Owner in the manner herein provided for the giving
of notices.
4usosys 29

25.02 Consent. Inst 0 173882 Book 1813Pege: 815
Every person who now or hereafter owns or acquires any rights, title, estate or interest to
any portion of the property covered hereby is and shall be conclusively deemed to have
consented and agreed to every covenant, condition and restriction contained herein, whether or
not reference to this Declaration is contained in the instrument by which such person acquired an
interest in said property.
25.03 Subordination of Deed of Trust
The lenders and the trustees of any Mortgages encumbering the Property as of the date of
this Declaration have joined in the execution of this Declaration so as to subordinate their
respective deeds of trust to the terms and provisions of this Declaration.
25.04 Paragraph Headings.
Paragraph headings are inserted for convenience only and are not intended to be a part of
this Declaration or in any way to define, limit, or describe the scope or intent of the particular
paragraph to which they refer
25.05 Severability.
If any provision of this Declaration is held to be invalid by any court, the invalidity of
such provision shall not affect the validity of the remaining provisions hereof, and for the
purposes hereof all covenants as contained herein shall be deemed to be severable each from the
other without qualification.
25.06 Governing Law.
This Agreement and the separate provisions thereof shall be construed and enforced in
accordance with the laws of the State of North Carolina without regard to principles of conflict
of laws.
ARTICLE 26-REDESIGNATION-SERVICE EASEMENTS
26.01 Changes.
Declarant hereby reserves the right, in its sole discretion, to change, alter, designate or
redesignate streets (including Roads), utility and drainage facilities and easements, and to
change, alter, designate and/or redesignate such other present and proposed amenities and
facilities as may, in the sole judgment of Declarant, be necessary or desirable within the Property
and/or Additional Property, except that Developer shall have no right to change, alter or
redesignate the character of the use of the Lots in the Property.
26.02 Services.
An easement is hereby granted to all police, fire protection, ambulance and all similar
persons, companies or agencies performing emergency services to enter upon the Lots and
Common Areas in the performance of their duties. Also, an easement is hereby established over
all Lots and Common Areas for the benefit of applicable governmental agencies for the setting,
removing, and reading of water meters, maintaining and replacing water, drainage and drainage
facilities, garbage collection and delivery of mail.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to by duly
executed as of the date first above written
WDV, INC.
By: t^
President
4ososv3 30

NORTH CAROLINA Inst 8 173882 Book 1813Pa9e: 816
NEW HANOVER COUNTY
I. '�11.1�eta -T , a Notary Public of the State and County
aforesaid, certify that Robert C. G. Exam personally came before me this day and acknowledged
that he is President of WDV, INC., a North Carolina corporation, and that by authority duly
given and as the act of the corporation, the foregoing instrument was signed in its name by its
President.
WITNESS my hand and official seal this $ day of , 2003.
My commission expires: \`0 HA1GL&q %6
sa �LObS �oQr, �pPY
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9 2
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PV „co
NANONEQ.,
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (orannexed) Certificate(s) of
SANDRA 3 HAIGLER
Notary Public l
Notary(ies) Public is (are) Certified to be Correct
This Instrument was filed for Registration on this 26th Day of August 2003
in the Book and page shown on the First Page hereof. � i ' )P)
RO E T J. RO INSON, Register of Deeds
a0s0M 31

EXHIBIT A
I�t 8 173882 Book 1813Page: 817
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ROY COOPER
Govencr
ELIZABETH S. BISER
NORTH CAROLINA
EnWrunmimiatQudlty,
Waterford Master Commercial Association, Inc.
Attn: Robert C.G. Exum, Registered Agent
P.O. Box 1967
Wilmington, NC 28402
Subject- Stormwater Permit Renewal Request and Transfer Request
State Stormwater Management Permit No. SW8 030120
Waterford Way
Brunswick County
Dear Mr. Exum:
State Stormwater Management Permit #SW8 030120 for the subject project expired on February 4, 2018. This is
a reminder that permit renewal applications are due 180 days prior to their expiration per 15A NCAC 2H.1045(3).
North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a
sormwater permit Failure to maintain a permit subjects the owner to assessment of civil penalties.
Please submit a complete permit renewal form along with a $505.00 fee and other submittal requirements within
30 days. The permit renewal form can be found on our website at: httos:/ldeq.nc.gov/about/divisions/enerev-
mineral-and-land-resources/stortnwater/sormwater-�ro¢ram/post-construction ?.
Permits are not automatically transferred when the property ownership changes. If this property has had an
ownership change, a permit transfer application form along with the submittal requirements will also need to be
submitted. This form can also be found on the website provided above.
If you have any questions regarding this matter, please contact Ashley Smith at [phone] or
[e-mail].
Sincerely,
(14 lwco
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
DES/ams: \\\Stormwater\Permits & Projects\2003\030120 HD\2021 08 req_ren 030120
cc: Robert C.G. Exum, Registered Agent; Waterford Master Commercial Association, Inc.; 1430 Commonwealth Drive
Suite 102; Wilmington, NC 28403
Exum Family, LLC; New Property Owner; P.O. Box 1967; Wilmington, NC 28402
Robert C.G. Exum; Registered Agent for New Property Owner, 2024 Lynnwood Drive; Wilmington, NC 28403
Wilmington Regional Office File
KQ�
arwrmu+�ro.b\
North Carolina Department of Environmental Quality I Division of Energy. PoLneral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I wihningum. North Carolina 28405
910.7%.7215

• Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings
Non -Profit Corporation
Legal Name
Waterford Master Commercial Association, Inc.
Information
Sosid: 0690617
Status: Current -Active O
Date Formed: 9/12/2003
Citizenship: Domestic
Annual Report Due Date:
Registered Agent: Exum, Robert C.G.
Addresses
Reg Office Reg Mailing
1430 Commonwealth Dr. Suite 102 1430 Commonwealth Dr. Suite 102
Wilmington, NC 28403
Mailing
PO Box 1967
Wilmington, NC 28402
Officers
Wilmington, NC 28403
Principal Office
151 Poole Rd, Ste C
Belville, NC 28451

CAPE FEAR
ENG[NEERIN
151 Poole Road, Suite 100
Beiville, NC 28451
TEL [phone]
FAX [phone]
w .capefearenglneering com
To:
NCDEQ Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Attn:
Christine Hall
Transmittal
Date: December 6, 2016
File: 650-12 "36"
Subject Waterford Way
(SW8 030120)
Engineer's Certification
❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval
❑ Sent via Mail ® Sent via Courier
Quantity Drawing No Description
1 Copy Engineer's Certification
DEC 0 7 20YO
REMARKS Please let us know it you have any questions or need anything further, Thanks.
CC:
File 650-12 "36"
�(;-EIVED
DEC () 7 2016
Cape FearrEngi Bring, Inc
Signed. �+
Matthew Haley, P
Received
Date
P 1650%650-121Admm\STORM R@015 MOD%CERTIFICATION2016-12-0 Transmittal dw

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
November 3, 2016
Robert Exum, President
Waterford Master Commercial Association, Inc.
P.O. Box 1967
Wilmington, NC 28402
Subject: PROJECT WITHDRAWAL
Stormwater Project No. SW8 030120
Waterford Way
Brunswick County
Dear Mr. Exum
PAT McCRORY
Governor
DONALD R. VAN DER VAART
Secretary
TRACY DAVIS
Director
The Wilmington Regional Office received and accepted an Express State Stormwater Management Permit
Plan Revision Application for Waterford Way on October 24, 2016. During the review of the
application, it was discovered that the requested revision was actually impacting the offsite
permit for Lot 3 approved under SW8 160110 not this master permit. The application to revise
this permit is therefore withdrawn on November 3, 2016 to allow the proper permit to be revised.
If you have any questions concerning this matter, please contact Christine Hall at [phone]
or via e-mail at [e-mail].
Sincerely,
Tracy DaOOvts, P.E., Director
Division of Energy, Mineral and Land Resources
GDS/canh: \\\Stormwater\Permits & Projects\2003\030120 HD\2016 I I retum project 030120
cc: Jeff Petroff, Coastal Land Design
Wilmington Regional Office
State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilntingtom NC 2&405
910 796 7215

Hall, Christine
From:
Hall, Christine
Sent:
Friday, October 28, 2016 11:48 AM
To:
'Jeff Petroff'
Cc:
Weaver, Cameron
Subject:
RE: Plan revision to Waterford Way, SW8 030120
Monday or Tuesday is fine. I'm working on the inspection reports now for Waterford Way and will work on the Cape
Fear Seafood site next.
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
christine [e-mail]
127 Cardinal Drive Ext
Wilmington, NC 28405
-:'Nothing Compares v_
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Jeff Petroff [mailto:[e-mail]]
Sent: Friday, October 28, 2016 11:40 AM
To: Hall, Christine <[e-mail]>
Cc: Weaver, Cameron <[e-mail]>
Subject: RE: Plan revision to Waterford Way, SW8 030120
Great, that pelf helps too. I'll get it revised and work on getting Bert's signature. I may not be able to get it to you before
Monday though.
Thanks,
Jeff Petroff, P.E. .
Project Engineer
9
Coastal Land Design, PLLC
PO Box 1172
Wilmington, NC 28402
Telephone [phone] ext 1002
Fax: [phone]
www.CLDeng.com

From: Hall, Christine[mailto:[e-mail]
Sent: Friday, October 28, 2016 11:32 AM
To: Jeff Petroff <[e-mail]>
Cc: Weaver, Cameron <[e-mail]>
Subject: RE: Plan revision to Waterford Way, SW8 030120
Jeff,
Once the BUA is allocated under the master and an offsite is approved, the master permit really no longer has any
responsibility for keeping up with the future on the individual lots. It's up to the offsite permits to keep up with. Since
the BUA impacted is associated with Lot 3, the permit for Lot 3 really should be the one getting revised.
If you can have Mr. Exum and the corporation associated with Lot 3 sign off on the plan revision form, and revise all the
documents to reflect Lot 3, 1 can have the plan revision switched to the proper permit number. I've included a pdf of the
permit for Lot 3 in case that helps.
Christine
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
christine.hall(aDncdenr gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Nothing Compares....
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Jeff Petroff [mailto:[e-mail]]
Sent: Friday, October 28, 2016 11:09 AM
To: Hall, Christine <[e-mail]>
Cc: Weaver, Cameron <cameron.weaver(@ncdenr.aov>
Subject: RE: Plan revision to Waterford Way, SW8 030120
Hi Christine,
Okay great, that makes sense. All the additional impervious will go to Lot 3. What is the best way to move this forward
without holding up the Cape Fear Seafood?
Couple ideas:
1) We revise our Waterford Way submittal to only say Lot #3 on the Master Permit plan revision currently under
review.
2) We revise our plan to be an exhibit that you can slip into the Lot 3 file showing the minor change in parking. If
the Lot 3 owner ever wants to revise or claim the impervious, they can do that in a future submittal and they'll
have our exhibit as a reference for the square footage of the new parking island.

Thanks again for your help on this,
Jeff Petroff, P.E.
Project Engineer
9
Coastal Land Design, PLLC
PO Box 1172
Wilmington, NC 28402
Telephone: [phone] ext. 1002
Fax:[phone]
www.CLDeng.com
From: Hall, Christine[mailto:[e-mail]]
Sent: Friday, October 28, 2016 10:03 AM
To: Jeff Petroff <[e-mail]>
Cc: Weaver, Cameron <[e-mail]>
Subject: RE: Plan revision to Waterford Way, SW8 030120
Jeff,
The legend on the plans indicates that the property line is the double dashed line. The resources I mentioned indicates
that Lot 3 is along the entire property line with the Cape Fear Seafood site. Please take another look.
Christine
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
ch ri sti ne. ha II Cccbncden r. gov
127 Cardinal Drive Ext
Wilmington, NC 28405
KID!/ Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Jeff Petroff [mailto:[e-mail]]
Sent: Thursday, October 27, 20164:35 PM
To: Hall, Christine <[e-mail]>
Cc: Weaver, Cameron <[e-mail]>
Subject: RE: Plan revision to Waterford Way, SW8 030120
Hi Christine,

Thanks for the email and looking into the project. I cannot confirm the extent of lots 2 and 3. 1 was going off the picture
I took of the approved plan in our meeting last week (attached). I'll be happy to re -reference this to lot 3, any direction
would be appreciated.
Thanks,
Jeff Petroff, P.E.
Pr� Engineer
Coastal Land Design, PLLC
PO Box 1172
Wilmington, NC 28402
Telephone: 910.254,9333 ext. 1002
Fax: 910.254,0502
www.CLDeng.com
From: Hall, Christine tmailto:[e-mail]]
Sent: Wednesday, October 26, 2016 5:06 PM
To: Jeff Petroff <jpetroff@cldengcom>
Cc: Weaver, Cameron <cameron.weaver@ncdenrgov>
Subject: Plan revision to Waterford Way, SW8 030120
Jeff,
I've had a moment to take a look at the plan revision package accepted on October 24, 2016 for the subject project. In
comparing the submittal with the plans approved for SW8 030120 (Waterford Way), SW8 160109 (Lot 2), and SW8
160110 (Lot 3), it looks like there is a discrepancy between the lot lines. Your plans has the improvements impacting
both Lots 2 and Lots 3. However, in looking at these approved plans and Brunswick County GIS website, it appears that
lot 3 stretches across the entire boundary with the Cape Fear Seafood site. Can you confirm the extent of lot 2 and 3?
Also, if these improvements are impacting Lot 3, then the plan revision really should be for the offsite permit for lot 3,
SW8 160110, not for the master permit. I can switch which permit is being revised, but I would need updated
documents.
Other than these larger, overreaching issues, the concept looks fine. I'm also going to try to run out to inspect the site
tomorrow afternoon to confirm everything looks good in the field.
Thanks,
Christine
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
chnstinechnstine. hall�ncdenr.gov
127 Cardinal Drive Ext
Wilmington, NC 28405

MIC-^Nothing Compares.-, -
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

DEMLR USE ONLY
Date Received
Fee Paid (express only)
Permit Number
rW ay
I�
-1'6J7
03J i
State of North Carolina
Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Stormwater Management Permit Number: SW8 030120 Mod
2. Project Name: Waterford Way
3. Permit Holder's name (specify the name of the corporation, individual, etc.):
Waterford Master Commercial Association, Inc.
4. Print Owner/Signing Official's name and title (person legally responsible for permit):
Robert Exum, President
5. Mailing Address for person listed in item 2 above:
City:Wilmington State:NC Zip:28402
Phone: (910 ) 392-9325 Fax:
nmau:
II. PLAN REVISION INFORMATION C;�
t 20�6
1. Summarize the plan revision proposed (attach additional pages if needed): Qc, 2 4
Removal of impervious to accommodate new parking islands for driveway connection to adjacent __--
parcel. Move that removed impervious to future allocation, no change to overal BUA. • gy'f ��
III. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and
Land Resources (DEMLR). A complete package includes all of the items listed below. The complete
application package should be submitted to the DEMLR Office that issued the permit.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original & 1 copy of the Plan Revision Application Form -snl?
• Two (2) copies of revised plans (must be revisions of original approved plan sheet(s)) -_cw
If applying for Express review (only available in 20 coastal counties):
• Application fee of $500.00 (made payable to NCDENR)
VI. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General In fornnation, item 3) Robert Exum, President
certify that I have authorized these plan revisions and that the information included on this plan revision
application is, to the best of my knowledge, correct and complete.
e/ Signature: iey C 1) 44.===�. Date /D
Plan Revision Form Rev. Oct. 31, 2013

J 4
Stormwater Narrative
For
Waterford Way
Brunswick County
North Carolina
Prepared by:
Coastal Land Design, PLLC
Civil Engineering/Landscape Architecture
Land Planning/Construction Management
Prepared for:
Waterford Master Commercial Association, Inc.
P.O. Box 1967
Wilmington, NC 28402
October 20, 2016
AO—ate—/6

Narrative
Submittal
This submittal is for a small modification to the impervious allocation for two of the
commercial lots under the Waterford Way stormwater permit SW8 030120. There
is no change in overall BUA, just a small shift from existing impervious to "future".
The proposed development on lot #5 (Roger's Tract #4) is being permitted as an
off -site permit to the existing Waterford Way permit. The layout requires a tie-in to
the existing Drager Road and results in the removal of one small landscape island
and the addition of two others.
The overall impervious re -allocation is as follows:
Lot #2: Move 210sf of impervious to "future"
Lot #3: Move 100sf of impervious to "future"

--__7---- -�
_ 17 / I
22
`
LOT # 5
(ROGERS TRACT 4 \ �
1.28 AC ------- - -_ ---_ -- - _ = ;
427479
SF OF BUA <\ / HOOD-2 .52
/ \
ORTH
� \\ 1 o' S' / 1 o' 20'
Z, OEM
GRAPHIC SCALE: 1 " = 10'
/
A ; �//� ��� 2 0 SF \ MOVE 210 SF OF
IMPERVIOUS TO "FUTURE"
X \�A ��__� FOR PROPOSED LOT # 2
�\ �\ �C LANDSCAPE ISLAND 1.04 AC
% ��,\,--cB /' 32,150 SF OF BUA
�� HOOD=25.85 CHANGE TO DI)
\
�\ 190 S\ �= INv=19.7�/
PROPOSED LANDSCAPE -
'LAND TO RESULT IN A
JET OF MOVING 100 SE
OF IMPERVIOUS TO
"FUTURE"
OT
#3
38
AC
SF
OF BUA
EXISTING LANDSCAPE
ISLAND TO BE REMOVED
D1 Q
TO® — 25. CJ 6
,N V- 19.04
01
LEGEND:
EXISTING
JG STORM DRAIN
PROPOSED
STORM DRAIN
EXISTING
CONTOUR
25 PRO. MAJOR
CONTOUR
24 PRO. MINOR
CONTOUR
FINAL DESIGN
- NOT ISSUED FOR
CONSTRUCTION
� ' ( DESCRIPTION KATE r
REVISIONS
SEAL
028858
OWNER:
Waterford Master Commercial Association, Inc.
P.O. Box 1967
Wilmington, NC 28402
Coastal Land Desian.PLLC
Civil Engineering Lantlacepe Architecture
Land Planning; Construction Management
NCBELS Firm License No. P-0369
P.0 Box 1172 Phone. [phone]
Wilmington_ NC 28402 w.,,cideng co-, Fax [phone]
DRAMA :
R. L-V
PROJECT
NUMBER : 135-M
DESIGN : F BRAXTON
CHECK :
J PETROFF
SCALE: 1'=10'
APPROVED:
F BRAXTON
DATE : 20 OCT 2016
FlLE NAME :
Waterford Way
SW8 030120
Stormwater Plan Revision
Lots #2 and #3
135-01 1 C-1

y r�
■
v0
LOT # 5
(ROGERS TRACT #4)
C
BUAJ��' \ - \ HO\ ®2 \52
\ V� v v ire \�o. J7
Z \ORTH
i \ \ V 10' s' 10' 20'
\ V A GRAPHIC SCALE: 1 " = 10'
\ \� \�
\P \
/\ \
j
,
\ v
\210 SE \ MOVE 210 SE OF
=_\ \ IMPERVIOUS TO "FUTURE' LOT #2
'Z FOR PROPOSED
LANDSCAPE ISLAND 1.04 AC
C)s��\ \CB 32 150 SE OF BUA
HOOD=25.85 (CHANGt TO D1)
\ 190 S \�I 1NV= 19.7Z
1.28 AC
427479 SE OF
PROPOSED LANDSCAPE
SLAND TO RESULT IN A -
JET OF MOVING 100 SF
OF IMPERVIOUS TO
"FUTURE"
OT
38
SE
#3
AC
OF
EXISTING LANDSCAPE
ISLAND TO BE REMOVED
D/
TDP®25. 86
INVm 19.04
n(IT
BY:_.—_.--- --
LEGEND:
\o
EXISTING
STORM DRAIN
PROPOSED
STORM DRAIN
EXISTING
CONTOUR
PRO. MAJOR
CONTOUR
PRO. MINOR
CONTOUR
FINAL DESIGN
- NOT ISSUED FOR
CONSTRUCTION
REV. DESCRIPTION IF 1 SATE T
CARp��`�,,
�pFESS/qj%
SEAL
028M8&58
OWNER:
Waterford Master Commercial Association, Inc.
P.O. Box 1967
Wilmington, NC 28402
Coastal Land Design�C
Civil Engineering 'Landscape Architecture
Land Planning.Constrecbon Management
NCfiELS Firm License No. P-0369
P.OBox 1172 Phane. 910-254 9333
Wilmington. NC 28402 voN. cldeng. com Fax :[phone]
DRAYYN : R. L-Y
PROJECT
135-01
NUMBER
DESIGN : F BRAXTON
CHECK : J PETROFF
SCALE : 1'=1O`
APPROVED : F BRAXTON
DATE : 20 OCT 2016
kRE NAME :
Waterford Way
SW8 030120
Stormwater Plan Revision
Lots #2 and #3
135-01 1 C-1

DE\4LR USE ONLY
Dat eceived
Fee Pai es r ss an1v)
Permit Number
25 45
State of North Carolina C V
Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM
This forrn may be photocopied for use as an original
I. GENERAL INFORMATION
1. Stormwater Management Permit Number: SW8 030120 Mod
2. Project Name: Waterford Way
3. Permit Holder's name (specify the name of the corporation, individual, etc.):
ro
CEIVI
4. Print Owner/Signing Official's name and title (person legally responsible for permit)
Robert Exum, President CT 2 4 201.5
5. Mailing Address for person listed in item 2 above: BY:
City:Wihnington State:NC Zip:28402
Phone: (910 ) 392-9325 Fax:
Email:
11 rill•V1INCUT W191►11;Mi]tTli�lINGIZ1
1. Summarize the plan revision proposed (attach additional pages if needed):
Removal of impervious to accommodate new parking islands for driveway connection to adjacent
parcel. Move that removed impervious to future allocation, no change to overal BUA.
III. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and
Land Resources (DEMLR). A complete package includes all of the items listed below. The complete
application package should be submitted to the DEMLR Office that issued the permit.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original & 1 copy of the Plan Revision Application Form
• Two (2) copies of revised plans (must be revisions of original approved plan sheet(s)) 3CrP
If apl2lving for Express review (ordJ available in 20 coastal counties):
• Application fee of $500.00 (made payable to NCDENR)
VI. APPLICANT'S CERTIFICATION
1, (print or type name of person lusted in General Inforruation, item 3) Robert Exum, President
certify that I have authorized these plan revisions and that the information included on this plan revision
application is, to the best of nnv knowledge, correct and complete.
Signa
Date: lD -/9'1(a
Plan Revision Form Rev. Oct. 31. 2013

Coastal Land Desian. PLLC
Civil Engineering/Landscape Architecture
Land Planning/Construction Management
P.O. Box 1172 Phone: [phone]
Wilmington, NC 28402 Fax: [phone]
www.cldeng.com
To:
NCDENR— Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
(910) 796 — 7215
Attn:
rChFistine-HU
❑ As Requested
❑ Sent via Mail
❑ For Your Files
❑ Sent via Courier
Rz
C`'I zj&JD
Oct ? 1 1816
Date: October 21, 2016
File: 135-01
Subject:
Waterford Way — Plan Revision
❑ For Distribution ® For your Review / Action / Approval
Quantity
Drawing No.
Description
1
Review fee $500
1
Express Request for Plan Revision
2
Original and Copy of Plan Revision Form
I
Narrative
2
Copies of the Plan
EICEIVE
OCT 7 121116,
dI
.
REMARKS I Please let me know if you have any questions or comments. Thanks, wa
CC: File Coastal Land Design, PLLC
CIDTrans-ncdeq- Waterford Way102116.docx

Q
E
� �
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For DEO Use ONLY
Reviewer
North Carolina Department of Environmental Quality r,-, W h/al
Request for Express Permit Review
Time. r\-DA I /
wb
Confirm
FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. Call and Email the completed form to the
Permit Coordinator along with a completed DETAILED narrative, site plan (PDF file) and vicinity map (same items expected in the application
ap ckage of the project location. Please include this form in the application package.
• Asheville Region -Alison Davidson 828.296-4698;alison.da'vidson(ncdenr.gov
• Fayetteville or Raleigh Region -David Lee 919-791-4203; david.lee(p ncdenr.gov
• Mooresville or Winston Salem -Marcia Allocco 704-235-2107; marcia.allocco(dncdenr.gov
• Washington Region -Lyn Hardison 252-948-3842 or lvn.hardison(a)ncdenr.gov
• Wilmington Region -Cameron Weaver 910-796.7303orcameron.weaver(ancdenr.gov
NOTE: Project application received after 12 noon will be stamped in the following work day.
Project Name: WATERFORD WAY County: BRUNSWICK
Applicant: ROBERT EXUM, PRES. Company: WATERFORD MASTER COMMERCIAL ASSOCIATION, INC.
Address: P.O. BOX 1967 City: WILMINGTON , State: NC Zip: 28402-_
Phone: [phone], Fax: _ _ Email:
Physical LocatiomOLDE WATERFORD WAY
related to this Proiect
SW 8030120
SW
SW _
NPDES
NPDES
WO _
WQ
E&S _
E&S _
Other
Project Drains into JACKEYS CREEK waters — Water classification C SW (DWR Surface Water Classifications Map)
Project Located in CAPE FEAR River Basin. Is project draining to class ORW waters? N, within % mile and draining to class SA waters N or within 1 mile
and draining to class HQW waters? N
Engineer/Consultant: JEFF PETROFF Company: COASTAL LAND DESIGN
Address: P.O. BOX 1172 City WILMINGTON, State: NC Zip: 28402-
Phone: [phone], Fax: [phone], Email:' [e-mail]
PLEASE PROVIDE ESTIMATED INVESTMENT AND EXPECTED EMPLOYMENT, IF AVAILABLE
$_ #_ JOBS
SECTION ONE: REQUESTING A SCOPING MEETING ONLY
❑ Scoping Meeting ONLY ❑ DWR, ❑ DCM, ❑ DEMLR, ❑ OTHER:
SECTION TWO: CHECK ONLY THE PROGRAM (S) YOU ARE REQUESTING FOR EXPRESS PERMITTING
❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions
❑ Intermittent/Perennial Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions
❑ 401 Water Quality Certification ❑ Isolated Wetland (_linear ft or _acres)
❑ Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance
® State Stormwater ❑ General ❑ SFR, ❑ SFR < 1 ac. ❑ Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other
❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ❑ Off -site [SW (Provide permit #)]
❑ High Density -Detention Pond _ # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems
❑ High Density -Bio-Retention _ # Treatment Systems ❑ High Density —SW Wetlands _ # Treatment Systems
❑ High Density -Other _# Treatment Systems /❑ MOD:❑ Major ElMinor ® Plan Revision ❑ Redev. Exclusion SW 8030120 (Provide permit #)
❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
❑ Upland Development ❑ Marina Development ❑ Urban Waterfront
❑ Land Quality ❑ Erosion and Sedimentation Control Plan with acres to be disturbed. (CK # & Amt. (far DEQ use))
SECTION THREE — PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both scoping and express meeting request)
Wetlands on Site ❑ Yes ® No
Wetlands Delineation has been completed: ❑ Yes ❑ No
US ACOE Approval of Delineation completed: ❑ Yes ❑ No
Received from US ACOE ❑ Yes ❑ No
Buffer Impacts: ® No ❑ YES: —acre(s)
Isolated wetland on Property ❑ Yes ® No
404 Application in Process w/ US ACOE: ❑ Yes ❑ No Permit
For DEQ use only
Fee Solit for multiple permits:(Check# 1 Total Fee Amount
SUBMITTAL DATES
Fee
SUBMITTAL DATES
Fee
CAMA
$
Variance (❑ Maj; ❑ Min)
$
SW (❑ HD, ❑ LD, ❑ Gen)
$
401:
$
LQS
$
Stream Deter,_
$
NCDEQ EXPRESS March 2016

;1.
Coastal Land Desian. PLLC
Civil Engineering/Landscape Architecture
Land Planning/Construction Management
P.O. Box 1172 Phone: [phone]
Wilmington, NC 29402 Fax: [phone]
w .cldeng.com
To:
NCDENR— Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
(910) 796 — 7215
Attn:
FCUristine-HU
Oct 1 Fors
Date:
October 21, 2016
File:
135-01
Subject:
Waterford Way — Plan Revision
❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval
❑ Sent via Mail ❑ Sent via Courier
Quantity
Drawing No.
Description
1
Review fee $500
1
Express Request for Plan Revision '
2
Original and Copy of Plan Revision Form
1
Narrative
2
Copies of the Plan
JECEIVE
OCT r
it.
a
REMARKS I Please let me know if you have any questions or comments. Thanks, wa
CC: File Coastal Land Design, PLLC
CLD Trans-ncdeq - Waterford Way102116. docx