SW8060909_CURRENT PERMIT_20211130

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 O�nO°I 0°I
DOC TYPE
CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
202\ 1130
YYYYMMDD

ROY COOPER
Governor
EUZABETH S BISER
Secretary
BRIAN WRENN
Director
November 30, 2021
Barefoot Flooring, Inc
Attn John M Bretzloff It, President
2901 Castle Hayne Road
Castle Hayne, NC 28429
NORTH CAROLINA
Ennr rira/Quality
Subject: Permit Renewal
Post -Construction Stormwater Management Permit No SW8060909
Barefoot Flooring, Inc
New Hanover County
Dear Mr Bretzloff
The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on November 19, 2021 The Division is hereby notifying you that permit SW8060909 has been
renewed, updated, and re -issued on November 30, 2021, as attached Please be aware that the renewal and re -
issuance of this stormwater permit does not imply that the site is currently in compliance
This permit shall be effective until January 11, 2029 and does not supersede any other agency permit that may be
required The project shall be subject to the conditions and limitations as specified therein This permit does not
impose new or increased stormwater control requirements, it clarifies the rules and requirements of this program
to provide you with a better understanding of your obligations under this permit Failure to comply with these
requirements will result in future compliance problems Please note that this permit is not transferable except
after notice to and approval by the Division
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request
an ad3udicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH) The
written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the
OAH within thirty (30) days of receipt of this permit You should contact the OAH with all questions regarding
the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center,
Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their webstte at www NCOAH com Unless
such demands are made this permit shall be final and binding
If you have any questions concerning this permit, please contact Ashley Smith in the Wilmington Regional
Office, at [phone] or ashleym smith@ncdenr gov
Sincerely,
+ �/ n
l.rr��vr•-..r� f�'.�
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures Attachment A — Designer's Certification Form
Attachment C — Permitting History
Renewal Application Documents
DES/ams %Storrnwater\Permits & Prolects\2006\060909 HD\2021 11 permit 060909
cc Nick Garner, Inspector, Coastal Carolina Resource Group, P O Box 309, Castle Hayne, NC 28429
Wilmington Regional Office Stormwater File
D_E Q,� North Carolina Department of Envvonmental Quality I Division of Energy Mneral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington North CaroLna 2&405
a•�r� /'� 9107967215

Post -Construction Stormwater Management
Permit No SW8 060909
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Barefoot Flooring, Inc
Barefoot Flooring, Inc
2901 Castle Hayne Rd, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of one (1) wet detention pond in compliance with the
provisions of 15A NCAC 2H 1000 and Session Law 2008-211 (hereafter separately and collectively
referred to as the "stormwater rules') and as outlined in the application, approved stormwater
management plans, supplement, calculations, operation and maintenance agreement, recorded
documents, specifications, and other supporting data (the "approved plans and specifications") as
attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the
"Division" or "DEMLR") The project shall be constructed, operated and maintained in accordance
with these approved plans and specifications The approved plans and specifications are
incorporated by reference and are enforceable part of this permit
This permit shall be effective from the date of issuance until January 11, 2029 and shall be subject to
the following specified conditions and limitations The permit issued shall continue in force and effect
until the permittee files a request with the Division for a permit modification, transfer, renewal, or
rescission, however, these actions do not stay any condition The issuance of this permit does not
prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or
terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A
NCAC 2H 1000 and NCGS 143-215 1 et al
I DESIGN STANDARDS
1 This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data
2 The subdivision is permitted for 2 lots, each limited to a maximum amount of built -upon area
as indicated in Section II 14 (f) of this permit
3 This stormwater system has been approved for the management of stormwater runoff as
described in Section 18 of this permit The runoff from all built -upon area within the permitted
drainage area of this project must be directed into the permitted stormwater control system
The wet pond has been designed to handle the runoff from 42,961 square feet of impervious
area
4 The maximum built -upon area allowed for the entire subdivision is 42,961 square feet
Page 1 of 8

Post -Construction Stormwater Management
Permit No SW8 060909
5 The drainage area will be limited to the amount of built -upon area indicated in Sections 13 and
18 of this permit, and per approved plans The built -upon area for the future development is
limited to 0 square feet
A 50' wide vegetative buffer must be provided and maintained adjacent surface waters,
measured horizontally from and perpendicular to the normal pool of impounded structures, the
top of bank of both sides of streams and rivers and the mean high water line of tidal waters
Prior to the discharge of stormwater runoff from any lot into the approved stormwater system,
the permittee shall ensure that the owner of the lot has obtained a separate Offsite Stormwater
Management Permit
The following design elements have been permitted for this wet detention pond stormwater
facility, and must be provided in the system at all times
a
Drainage Area, acres
207
Onsite, ft2
90,170
Offsite, ft2
0
b
Total Impervious Surfaces, ft2
42,961
c
Design Storm, inches
1
d
Pond Depth, feet
6
e
TSS removal efficiency
90%
f
Permanent Pool Elevation, FMSL
31 5
g
Permanent Pool Surface Area, ft2
7,229
In
Permitted Storage Volume, ft3
7,922
1
Temporary Storage Elevation, FMSL
325
t
Controlling Orifice
1" pipe
k
Permitted Forebay Volume, ft3
4,433
1
Receiving Stream/River Basin
Ness Creek/ Cape Fear Basin
m
Stream Index Number
18-74-62
n
Classification of Water Body
"C,Sw
II SCHEDULE OF COMPLIANCE
1 The permittee is responsible for the routine monitoring of the protect for compliance with the
built -upon area limits, grading, and the storm drainage system established by this permit, the
permit documents, the approved plans, and the recorded deed restrictions The permittee shall
notify any lot owner that is found to be in noncompliance with the conditions of this permit in
writing, and shall require timely resolution
2 The permittee shall review all individual proposed and modified lot plans for compliance with
the conditions of this permit The permittee shall not approve any lot plans where the
maximum allowed built -upon area has been exceeded, or where revisions to the grading or to
the storm drainage system are proposed unless and until a permit modification has been
approved by the Division
3 The Director may notify the permittee when the permitted site does not meet one or more of
the minimum requirements of the permit Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director for modifying the site to meet
minimum requirements The permittee shall provide copies of revised plans and certification in
writing to the Director that the changes have been made
4 The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface
All stormwater collection and treatment systems must be located in public rights -of -way,
dedicated common areas or recorded easements The final plats for the protect will be
recorded showing all such required rights -of -way, common areas and easements, in
accordance with the approved plans Access to the stormwater facilities for inspection and
maintenance shall be maintained via appropriate recorded easements at all times
Page 2 of 8

Post -Construction Stormwater Management
Permit No SW8 060909
During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately
Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, the permittee shall cause a certification from an appropriate
designer for the system installed to be submitted, certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting documentation Any deviations from the approved plans and specifications must
be noted on the Certification A modification may be required for those deviations
If the stormwater system is used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to occupancy of the
facility
9 The permittee shall at all times provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function at design condition The
approved Operation and Maintenance Agreement is incorporated by reference into this permit
and must be followed in its entirety and maintenance must occur at the scheduled intervals
10 Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR The records will indicate the date, activity, name of person
performing the work and what actions were taken
11 The facilities shall be constructed, operated and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division
12 No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below For changes to
the protect or SCM that impact the certifications, a new or updated certification(s), as
applicable, will be required and a copy must be submitted to the appropriate DEQ regional
office upon completion of the modification
a Any modification to the approved plans and specifications, regardless of size including
the SCM(s), BUA, details, etc
b Redesign or addition to the approved amount of BUA or to the drainage area
c Further development, subdivision, acquisition, lease or sale of any, all or part of the
protect and/or property area as reported in the approved plans and specifications
d Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan
e The construction of any allocated future BUA
f The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications
9 Other modifications as determined by the Director
13 Decorative spray fountains will be allowed in the stormwater treatment system if calculations
are provided documenting the permeant pool volume is greater than 30,000 cubic feet
Page 3 of 8

Post -Construction Stormwater Management
Permit No SW8 060909
14 The following deed restrictions must be recorded
a The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 060909 as issued by the Division of
Energy, Mineral and Land Resources under NCAC 2H 1000
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 Energy. Mineral and
Land Resources
e Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division of Energy, Mineral and Land Resources
f The maximum built upon area for Lot 1 is 21,122 square feet, and for Lot 2 is 21,839
This allotted amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right of way between the front lot line 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 For those lots within CAMA's Area of Environmental Concern, where DCM calculates a
different maximum lot built -upon area, the governing lot BUA shall be the more
restrictive of the two numbers
h All runoff from the built -upon areas on the lot must drain into the permitted system This
may be accomplished through providing roof drain gutters, which drain to the pond or
street, grading the lot to drain toward the street or directly into the pond, or grading
perimeter swales and directing them into the pond or street
i Built -upon area in excess of the permitted amount will require a permit modification
t All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface waters,
measured horizontally from and perpendicular to the normal pool of impounded
structures, the top of bank of each side of streams and rivers and the mean high water
line of tidal waters
k Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the Stormwater Rules is subject
to enforcement procedures as set forth in G S 143, Article 21
1 Each lot within the subdivision whose ownership is not retained by the permittee, must
submit a separate Offsite Stormwater Management Permit application package to the
Division of Energy, Mineral and Land Resources and receive a permit prior to any
construction on the lot
III GENERAL CONDITIONS
CORRECTIVE ACTIONS REQUIRED If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement on -site
stormwater systems These additional or replacement measures shall receive a permit from
the Division prior to construction
2 PERMIT RENEWAL A permit renewal request must be submitted at least 180 days prior to
the expiration date of this permit The renewal request must include the appropriate
application, documentation and the processing fee as outlined in Title 15A NCAC
02H 1045(3)
3 CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION
The permittee shall submit a completed Permit Information Update Application Form to the
Division within 30 days to making any one of these changes
4 TRANSFER This permit is not transferable to any person or entity except after notice to and
approval by the Director Neither the sale of the project and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit
Page 4 of 8

Post -Construction Stormwater Management
Permit No SW8 060909
a TRANSFER REQUEST The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H 1045(2) This
request must be submitted within 90 days of the permit holder meeting one or more of
the following
i A natural person who is deceased,
n A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved,
ni A person or entity who has been lawfully and finally divested of title to the
property on which the permitted activity is occurring or will occur through
foreclosure, bankruptcy, or other legal proceeding
ry A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur, except in the case of an individual
residential lot sale that is made subject to the recorded deed restrictions and
protective covenants,
v The assignment of declarant rights to another individual or entity,
vi The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214 7(c2),
TRANSFER INSPECTION Prior to transfer of the permit, a file review and site
inspection will be conducted by Division personnel to ensure the permit conditions
have been met and that the protect and the on -site stormwater system complies with
the permit conditions Records of maintenance activities performed to date may be
requested Protects not in compliance with the permit will not be transferred until all
permit and/or general statute conditions are met
COMPLIANCE The permittee is responsible for compliance with the terms and conditions of
this permit until the Division approves the transfer request
a APPROVED PLANS AND SPECIFICATIONS A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable
recorded documents, and specifications shall be maintained on file by the permittee at
all times
b DIVISION ACCESS The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
protect
c ENFORCEMENT Any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the requirements of the stormwater
rules is subject to enforcement procedures as set forth in NCGS 143 Article 21
d ANNUAL CERTIFICATION The permittee shall electronically submit to the Division an
annual certification completed by either the permittee or their designee confirming the
protects conformance with permit conditions
e OBTAINING COMPLIANCE The Director may notify the permittee when the permitted
site does not meet one or more of the minimum requirements of the permit Within the
time frame specified in the notice, the permittee shall submit a written time schedule to
the Director for modifying the site to meet minimum requirements The permittee shall
provide copies of modified plans and certification in writing to the Director that the
changes have been made
f OTHER PERMITS The issuance of this permit does not preclude the permittee from
complying with and obtaining any other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or
ordinances, which may be imposed by any other Local, State or Federal government
agency having jurisdiction Any activities undertaken at this site that cause a water
quality violation or undertaken prior to receipt of the necessary permits or approvals to
do so are considered violations of NCGS 143-215 1, and subject to enforcement
procedures pursuant to NCGS 143-215 6
Page 5 of 8

Post -Construction Stormwater Management
Permit No SW8 060909
Permit renewed, updated and reissued this the 30th day of November 2021
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
_CA Wrenn, 6irector'
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 960909
Page 6 of 8

Barefoot Square
Stormwater Permit No SW8 960909
New Hanover County
Attachment A
Designer's Certification
Post -Construction Stormwater Management
Permit No SW8 060909
Page 1 of 2
I, , as a duly registered in the State of
North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of
the protect,
(Protect)
for (Protect Owner) hereby state that, to the best of my
abilities, due care and diligence was used in the observation of the protect construction such that the
construction was observed to be built within substantial compliance and intent of the approved plans
and specifications
The checklist of items on page 2 of this form is a part of this Certification
Noted deviations from approved plans and specifications
Signature
Registration Number
Date
�1
Page 7 of 8

Post -Construction Stormwater Management
Permit No SW8 060909
Certification Requirements
Page 2 of 2
1 The drainage area to the system contains approximately the permitted acreage
2 The drainage area to the system contains no more than the permitted amount of built -
upon area
3 All the built -upon area associated with the protect is graded such that the runoff drains
to the system
4 All roof drains are located such that the runoff is directed into the system
5 The outlet/bypass structure elevations are per the approved plan
6 The outlet structure is located per the approved plans
7 Trash rack is provided on the outlet/bypass structure
8 All slopes are grassed with permanent vegetation
9 Vegetated slopes are no steeper than 3 1
10 The inlets are located per the approved plans and do not cause short-circuiting of the
system
11 The permitted amounts of surface area and/or volume have been provided
12 Required drawdown devices are correctly sized per the approved plans
13 All required design depths are provided
14 All required parts of the system are provided, such as a vegetated shelf, a forebay, and
the vegetated filter
15 The required dimensions of the system are provided, per the approved plan
16 All components of the stormwater BMP are located in either recorded common areas,
or recorded easements
cc NCDEQ-DEMLR Wilmington Regional Office
Inspector, New Hanover County Building Inspections
Page 8 of 8

Attachment C - Permitting History
Barefoot Flooring Inc previously Barefoot Square
Permit No SW8 060909
Approval
permit Action
BIMS
Description of the Changes
Date
Version
1/11/2007
Original
10
Approval
This permit was not previously permitted as a subdivision
because the two lots on the plans were owned by the same
entity Now, one of the lots is owned by a separate entity
and so this permit has been modified to show a subdivision
Barefoot Flooring, Inc continues to own the Barefoot
Flooring lot (Lot l) Lot 1 is allocated 21,122 square feet of
impervious area The other lot (Lot 2) is allocated 21,839
square feet
1/26/2015
Modification
1 1
a Lot I (Barefoot Flooring) The drainage details for this
lot continue to be permitted by SW8 060909 The plans
previously approved on January 11, 2007 remain in effect
b Lot 2 (The Other Lot) The owner of this lot will need to
apply for and obtain an Offsite State Stormwater permit to
dram to SW8 060909 per 15A NCAC 2B 1003(d)(3)(A)
and 15A NCAC 2B 1002(12)
Deed restrictions limiting the impervious area per lot are
now required
11/30/2021
Renewal
20
Name Change from Barefoot Square to Barefoot Flooring,
Inc

DEMLR USE ONLY
Date Aecisixed
Fee Paid
Permit Number
I
5 I �5—
i Sw
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H 1045(3), the current permit holder shall renew their high density permit 180 days
poor to its expiration Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781)
Section 60 (c) This application form is for permit renewals only
A PROJECT INFORMATION
1 State Stormwater Permit Number #J W g b4og09
2 Project name 819180001 EWORWO, INC
3 Project street address g-Jul 1:n51L8 tiHVNt KD
City CFl6fLE V AyNE County
4 What, if any, changes have been made to the project as permitted? 01A
zip a2A9
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at https //dea nc gov/about/divisions/energy-
mineral-land-resources/energy-mineral-land-rules/stormwater-program/post-construction
B PERMITTEE INFORMATION
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at https //deq nc gov/about/divisions/energv-mineral-land-
resources/energv-mineral-land-rules/stormwater-program/post-construction State Stormwater Permits do not
automatically transfer with the sale of the property
1 Current Permit Holder's Company Name/Organization BHR0001 TWANG :51L
2 Signing Official's Name 1,0"W A, g OI.LOff 1(
3 Signing Official's Title
4 Mailing Address -r
City CA
5 Street Address
City
6 Phone ( 10
q4a' IMa Email
NG ZIP agW
W C ZIP 4 q
NOV 19 2021
BY
Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018

C SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW) Only applications packages that
include all required items listed below will be accepted and reviewed
Initial each item below to indicate that the required Information Is provided In the application package
1
A permit application processing fee of $505 00 payable to NCDEQ
2
1P
One original signed hard copy and one electronic copy of this completed form The signing official
named on this application to represent the current permittee must meet one of the following
a Corporation — a principle executive officer of at least the level of vice-president,
b Limited Liability Company (LLC) — a manager or company official as those terms are defined
in G S 57D "North Carolina Limited Liability Company Act,"
c Public Entity — a principal executive officer, ranking official, or other duly authorized employee,
d Partnership or limited partnership — the general partner,
e Sole proprietor, or
f Letter of authorization signed by one of the signatories noted in a — e above authorizing the
signature of another entity[J
/
3
9
One hard copy and one electronic copy of recorded documents required by the original permit that
UUU
have not yet been received by DEMLR, including deed restrictions, protective covenants,
condominium/planned community declaration and easements If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date
Agreements, Please select one
I have a copy of the current recorded 08M Agreement for all SCMs, and I will continue to
keep this on file with the permit, or
❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me I agree to keep this on file with the permit
(*"�5
Designer Certifications, Please select one
[� A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division, or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed, or
❑ The has been built
project not yet
6
[IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit
7
[IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC)
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C 2 per 15A NCAC 2H 1043(3)(b)
https //www sosnc gov/online services/search/by title/ Business Registration
tz .
NOV 19 1021
Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018

D PERMITTEE'S CERTIFICATION
I, &VA14 M , bgiy. LDF� -L the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M Agreement on site (or I will obtain a copy and It will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans I agree to notify DEMLR of any problems with the SCMs
or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the
protect, SCMs, or ownership All.ertfortgatlon provided pr�this permit renewal application Is, to the best of my
knowledge, correctand comDte /A
Signature
NOTARIZATION
that
this
�OTAgy4�,t�
a�DRoci /Y 2
My commission expires
day of
County of
Witness my hand and official seal,
Date 11- ia'ai
a Notary Public for the State of
do hereby certify
personally appeared before me
, and acknowledge the due
��c® W �.
NOV 19 1021
BV_
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018

Permit No 5W p o(p(�o
(to be provided by DWQ)
State of North Carolina nn __
Department of Environment and Natural Resource v*r, OVC$
Division of Water Quality 'Rpm Tit-
STORMWATER MANAGEMENT PERMIT APPLICATION F,.�Y1tl
uc7 �IiS
WET DETENTION BASIN SUPPLEMENT
Thi v form may be photocopied for use as an anginal
DWO Stormwater Management Plan Review
A complete stormwater management plan submittal includes a wet detention basin supplement for each basin,
design calculations, plans and specifications showing all basin and outlet structure details, and a signed and
notarized operation and maintenance agreement
I. PROJECT INFORMATION (please complete the following information)
Project Name Bazefoot Square
Contact Person Jonathan W Ham, E I Phone Number 910 763-5100
For projects with multiple basins, specify which basin this worksheet applies to 1
elevations
Basin Bottom Elevation 25 5 ft (floor of the basin)
Permanent Pool Elevation 31 5 ft (elevation of the orifice)
Temporary Pool Elevation 325 ft (elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area _7 229 sq ft (water surface area at the orifice elevation)
Drainage Area 207 ac (on -site and off -site drainage to the basin)
Impervious Area 099 ac (on -site and off -site drainage to the basin)
volumes
Permanent Pool Volume
Temporary Pool Volume
Forebay Volume
Other parameters
SA/DA'
Diameter of Orifice
Design Rainfall
Design TSS Removal2
22,103 cu. ft (combined volume of main basin and forebay)
_7 922� cu ft (volume detained above the permanent pool)
44 433 cu ft (approximately 20% of total volume)
0 0258 i (surface area to drainage area ratio from DWO table)
L 1 00 to (2 to 5 day lemporarypool draw -down required)
100 in
900 % (minimum 85% required)

Footnotes
1 When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth Linear interpolation should be emploved to determine the correct value for non-
standard table entrees
2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90%TSS removal The NCDENR BMW manual provides design tables for both 85%TSS removal and 90%TSS removal
D. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N C Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section 15 A NCAC 2H 1008
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below If a requirement has not been met, attach justification.
a The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet)
b The forebay volume is approximately equal to 201/o of the total basin volume
c The temporary pool controls runoff from the design storm event
d The temporary pool draws down in 2 to 5 days
e If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow
calculations)
f The basin length to width ratio is greater than 3 1
g The basin side slopes above the permanent pool are no steeper than 3 1
It A submerged and vegetated penmeter shelf with a slope of 6 1 or less (show detail)
i Vegetative cover above the permanent pool elevation is specified
1 A trash rack or similar device is provided for both the overflow and onfice
k A recorded drainage easement is provided for each basin including access to nearest nght-
of=way
1 If the basin is used for sediment and erosion control during construction, clean out of the
in A mechanism is specified which will dram the basin for maintenance or an emergency
: Pump will be provided for maintenance or emergency.
iH. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided
This system (check one) ❑ does X does not incorporate a vegetated filter at the outlet.
This system (check one) 0 does X does not incorporate pretreatment other than a forebay.

Maintenance activities shall be performed as follows
I After every significant runoff producing rainfall event and at least monthly
Inspect the wet detention system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition
b Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs
within 2 to 5 days as designed
2 Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed
3 Inspect and repair the collection system (i a catch basins, piping, swales, riprap, etc ) quarterly to
maintain proper functioning
4 Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below) Removed sediment shall be disposed
of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality
(i a stockpiling near a wet detention basin or stream, etc )
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments
When the permanent pool depth reads 4 50 feet in the main pond, the sediment shall be removed
When the permanent pool depth reads 2 25 feet in the forebay, the sediment shall be removed
BASIN DIAGRAM
ill to the blanks)
Permanent Pool Eleiation II i
Sedunent mo,A El 2925 75 o
SedmientRenioNAEleianon 270
BottoIn i.inon 2g -----------------------------
Bottom _i 2755%i
FOREBAY MAIN POND
Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface These
plants shall be encouraged to grow along the vegetated shelf and forebay berm
If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent possible

t
7 All components of the wet detention basin system shall be maintained in good working order
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above 1 agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party
Print name
Title
Address _2901 Castle Hayne Road Castle Hayne, NC 28429
Phone
Signal
Date
Note The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and
a resident of the subdivision has been named the president
1, 2W /(Lc , 7-�a i rd , a Notary Public for the State of k /) 4h L2/-0 hfa
County of pelll / , do hereby certify that James L Wilson
personally appeared before me this 12 day of,ZGp(� and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements Witness my hand and official seal,
. C 841 'N'•
O apTARY
F PUBOG
/,yOFR C
00
SEAL
My commission expires /O -/$-6(0

,�3pr
111111111111111
2014034844
iFOR RE^YTpMEU9CH1
PIT
6LEY ER �OyF DEED'
2014HDEC 301211Y04 R
BK 56 K 2877-20 FEE $34 ea
I%1Rl v t R14934844
SPACE ABOVE LINE FOR RECORDING DATA
STATE OF NORTH CAROLINA Prepared by/return to Poyner Spruill LLP (CHR)
P O Box 1801
Raleigh, NC 27602-1801
COUNTY OF NEW HANOVER Cross index to Declaration of Condominium for Barefoot Square
Business Condominium recorded
in Book 5481, Page 2180, New Hanover County Registry
DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS
TIES DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS (this
"Agreement") is made as of this 15th day of December, 2014, by and between BAREFOOT
FLOORING, INC., a North Carolina hmited liability company (`Barefoot'), with a mailing
address of 2901 Castle Hayne Rd, Castle Hayne, NC 28429, and FIRST COMMUNITY
BANK, a Virginia banking corporation ("FCB", and FCB and Barefoot are sometimes referred
to collectively herein as the "Parties"), with a mailing address of 110 N J K Powell Blvd,
Whiteville, NC 28472
Recitals
A Barefoot is the owner of certain real property in Cape Fear township, New
Hanover County, North Carolina, more particularly described on Exhibit A attached hereto and
incorporated herein by reference (the `Barefoot Property")
B FCB is the owner of the real property more particularly desenbed on Exhibit B
attached hereto and incorporated herein by reference (the "FCB Property"), wtuch FCB acquired
by trustees deed (the "Trustee's Deed") recorded in the Office of the Register of Deeds for New
Hanover County (the "Registry') on April 17, 2014 in Book 5808 at Page 2452
C The FCB Property is subject to that certain Declaration of Condominium of
Barefoot Square Business Condominium (as the same has or may be further amended, the
"Declaration") recorded in Book 5481, Page 2180, aforesaid Registry
D FCB was assigned all rights as Declarant under the Declaration pursuant to the
terms of that certain Assignment of Declarant's Rights ("Assignment") recorded on March 28,
2014, in Book 5805, Page 339, aforesaid Registry

E As part of its approval of the development of the Barefoot Property and the FCB
Property, the North Carolina Department of Environment and Natural Resources ("NCDENR")
required that certain permanent storm water drainage and impoundment facilities be constructed
on areas located on both the Barefoot Property and the FCB Property Barefoot has constructed
a permanent stormwater detention pond within the area identified on Exhibit C (such pond,
together with all permanent stormwater collection, drainage and impoundment facilities currently
installed and located on the FCB Property and the Barefoot Property, the "Development
Drainage Facilities") The areas in which the Development Drainage Facilities are located are
herein referred to collectively as the "Development Drainage Area" The Development Drainage
Facilities were constructed in accordance with existing NCDENR stormwater management
permit number SW8060909 (the "Permit")
F In accordance with Title 15A NCAC 2H 1000 and S L 2006-246 (the
"Management Reg_ulations"), deed restrictions and protective covenants are required for High
Density Commercial Subdivisions where lots will be subdivided and sold and runoff will be
treated in an engineered stormwater control facility Deed restrictions and protective covenants
are necessary to ensure that the development maintains a built -upon area consistent with the
design criteria used to size the stormwater control facility
G Prior to FCB's foreclosure of the FCB Property as more particularly described in
the Trustee's Deed, the Development Drainage Area was located on real property owned or
under the common control of Barefoot As a result of the Foreclosure, the development
Drainage Area is now located on parcels of land with separate ownership and control
Accordingly, this Agreement is necessary to ensure that the FCB Property and the Barefoot
Property is and will continue to be in compliance with the Permit and Management Regulations
H At the time of recording of this Agreement, only the FCB Property and the
Barefoot Property use the Development Drainage Facilities
I The Parties desire to create new rights, duties and obligations by and between
themselves and their respective successors and assigns, all on the terms more particularly set
forth herein regarding the shared use of the Development Drainage Facilities
NOW, THEREFORE, for and in consideration for the mutual promises contained herein,
and other good and valuable consideration, receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows
1 Recitals, Definitions The foregoing Recitals, each and all being true and correct,
are incorporated into this Agreement by this reference as a material part hereof For the purposes
of this Agreement, in addition to any definitions set forth elsewhere herein, the following terms
shall have the following meanings
(a) "Association" shall have the meaning given to it in the Declaration
(b) "Common Areas" shall have the meaning given to it in the Declaration
(c) "Common Expenses" shall have the meaning given to it in the
Declaration
_j

(d) "Development Drainage Facilities Maintenance Costs" means those out-
of-pocket expenses incurred by the Owner of the Barefoot Property in performing the
maintenance, repair or replacement of the Development Drainage Facilities
(e) "Owner" shall mean the record owner of any Parcel, and "Owners" shall
mean all of the record owners of all of the Parcels
(f) "Parcel" means any portion of the FCB Property (specifically including,
without limitation, any Unit located on or comprising any portion of the FCB Property)
or the Barefoot Property, and any subdivision thereof by an Owner after the date hereof,
and which now or hereafter discharges storm water into the Development Drainage
Facilities
(g) "Proyea" means all of the FCB Property and the Barefoot Property, and
other property which now or hereafter discharges storm water into the Development
Drainage Facilities
(h) "Property Owner" means the Barefoot Property Owner and/or the FCB
Property Owner, as applicable
(i) "Pro Rata Share" shall mean fifty-five percent (55%), except as otherwise
provided in Section 9 of this Agreement below in regards to Development Drainage
Facilities Maintenance Costs in excess of Ten Thousand Dollars ($10,000 00) for a
calendar quarter
0) "Unit" shall have the meaning given to it in the Declaration
(k) "Unit Owner" shall have the meaning given to it in the Declaration
(1) "User" shall mean any Owner, any lessee or sublessee of a Parcel, and any
of their respective customers, invitees, employees and agents
2 Grant of Easements. Barefoot to FCB Barefoot does hereby give, grant and
convey unto FCB and its Users, and their respective successors and assigns, for the benefit of the
FCB Property, a permanent non-exclusive easement over, under and across the Barefoot Property
for the purpose of stormwater drainage, retention and/or detention only, said easement being
specifically over, under and across the Development Drainage Area, for the purpose of
permitting storm water to flow from the FCB Property across the Barefoot Property to and to
accumulate in the Development Drainage Facilities located in the Development Drainage Area
on the Barefoot Property TO HAVE AND TO HOLD the land herein described unto FCB, its
successors and assigns, for the aforesaid uses and purposes and none other (except as otherwise
provided in this Agreement), it being agreed that the rights and easement herein granted are
appurtenant to and run with the FCB Property
3 Grant of Easements. FCB to Barefoot FCB does hereby give, grant and convey
unto Barefoot and its Users, and their respective successors and assigns, for the benefit of the
Barefoot Property, a permanent non-exclusive easement over, under and across the FCB Property
for the purpose of stormwater drainage, retention and/or detention only, said easement being

specifically over, under and across the Development Drainage Area, for the purpose of
permitting storm water to flow from the Barefoot Property across the FCB Property to and to
accumulate in the Development Drainage Facilities located in the Development Drainage Area
on the FCB Property In addition to the foregoing, FCB does hereby give, grant and convey unto
Barefoot, and its successors and assigns, for the benefit of the Barefoot Property, a permanent
non-exclusive easement over, under and across the FCB Property for the purpose of constructing,
installing, operating, inspecting, repairing, replacing and maintaining the Development Drainage
Facilities located or to be located on the FCB Property TO HAVE AND TO HOLD the land
herein described unto Barefoot, its successors and assigns, for the aforesaid uses and purposes
and none other (except as otherwise provided in this Agreement), it being agreed that the rights
and easement herein granted are appurtenant to and run with the Barefoot Property
4 Covenants and Restrictions The following covenants are intended to ensure
ongoing compliance with the Permit The State of North Carolina is made a beneficiary of these
covenants to the extent necessary to maintain compliance with the Permit These covenants are
to run with the land and be binding on all persons and parties claiming under them The
covenants may not be altered or rescinded without the express written consent of the NCDENR
Division of Energy, Mineral and Land Resources (or its successor in function) Alteration of the
drainage as shown on the approved plan may not take place without the concurrence of the
Division of Water Quality
(a) Maximum Allowable Built Upon Area The maximum allowable built
upon area for the FCB Property and the Barefoot Property is 42,961 square feet The
maximum built -upon area per lot, in square feet, for the Barefoot Property is 21,222, and
for the FCB Property is 21,839 This allotted amount includes any built -upon area
constructed within the lot property boundaries, and that portion of the right of way
between the front lot line 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
(b) Runoff All runoff from the built -upon areas on the FCB Property and the
Barefoot Property must drain into the permitted system This may be accomplished
through a variety of means including roof drain gutters which drain to the street, grading
the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and
directing them into a component of the stormwater collection system Lots that will
naturally dram into the system are not required to provide these additional measures
(c) Permits The owner of each lot, whose ownership is not retained by
Barefoot, is required to submit a separate stormwater permit application to the Division
of Water Quality and receive a permit prior to construction
(d) Buffer The project and each lot will maintain a 30 foot wide vegetated
buffer between all impervious areas and surface waters For projects located in the 20
coastal counties a 50 foot wide vegetated buffer must be maintained
4

5 Cost of Initial Construction and Previous Costs FCB and Barefoot agree that
FCB shall have no obligation to contribute towards or to reimburse Barefoot for any of the costs
of construction, maintenance or repair of the Development Drainage Facilities incurred prior to
the date of this Agreement However, FCB agrees to reimburse and pay to Barefoot, within ten
(10) days after the execution of this Agreement by FCB, an amount equal to one-half (1/2) of the
Development Drainage Facilities Maintenance Costs incurred by Barefoot after March 28, 2014,
which one-half amount is $600 00 If this Agreement is executed after Barefoot pays the
October 2014 Development Drainage Facilities Maintenance Costs, FCB also shall immediately
reimburse Barefoot for one-half of such October Maintenance Costs
6, Maintenance From and after the Date of this Agreement, the Barefoot Property
Owner shall be responsible, at its sole cost and expense, for payment of all Development
Drainage Facilities Maintenance Costs The Barefoot Property Owner shall maintain the
Development Drainage Facilities and the Development Drainage Area in compliance with the
Permit and all laws and regulations and in good condition and repair, and shall conduct all work
in a hen free manner So long as the Barefoot Property Owner is solely responsible for
maintenance and repair of the Development Drainage Facilities and the Development Drainage
Area as provided herein, the Barefoot Property Owner shall indemnify and hold FCB and any
Owner of the FCB Property harmless from and against any and all costs associated with the
Development Drainage Facilities and the Development Drainage Area including, but without
limitation, any violations issued and any fines assessed by NCDENR Except in the case of
emergency, in which notice may be given after entry, the Barefoot Property Owner shall give
reasonable prior notice to the other Owners of any work to be done relating to the Development
Drainage Facilities and shall restore the ground surface of the affected area to the same condition
as existed prior to such work The Barefoot Property Owner is hereby granted a nonexclusive
right, privilege and easement appurtenant to the Barefoot Property over and across the FCB
Property for the limited purpose of operating, maintaining, repairing, replacing, and
reconstructing the Development Drainage Facilities and the Development Drainage Area
Notwithstanding the foregoing, the FCB Property Owner agrees to reimburse the Barefoot
Property Owner for the FCB Property Owner's Pro Rata Share of the actual Development
Drainage Facilities Maintenance Costs as more particularly described in Sections 8 and 9 below
A fence ("Fence") surrounds the stormwater detention pond Each Property Owner
agrees to be responsible for the repair of any damage or alteration (by bending, breaking or
otherwise) to the Fence that is caused by any User of its Property Each and every one of the
Parties understand and agree that notwithstanding the location of the Fence on the Property, or
any other structures, improvements, fences, walls or barriers as may be located on the Property
from time to time, the boundary between the FCB Property and the Barefoot Property shall be in
the place shown as the boundary between Tract A and Tract B as shown on that certain
Subdivision Plat entitled `Barefoot Square Subdivision of Lot I of MB 42/100" recorded in Map
Book 55, Page 81, New Hanover County Registry Nothing contained herein shall prevent the
Parties from relocating the boundary between the Property from time to time by a written
instrument duly executed and acknowledged by the requisite parties, duly recorded in the
Registry
7 Insurance The Owner of the Barefoot Property and the Owner of the FCB
Property each shall keep in full force and effect a policy of commercial general liability

insurance which shall provide for a limn of not less than One Million ($1,000,000 00) Dollars for
personal or bodily injury or death to any one person, a limit of not less than Two Million
($2,000,000 00) Dollars for personal or bodily injury or death to any number of persons arising
out of any one occurrence, and a limit of not less than One Million ($1,000,000 00) Dollars in
respect of any instance of property damage With respect to any liability insurance policy
required to be maintained hereunder, the Owner shall (a) insure that its liability policy contains a
provision naming that Owner as insured and the other Owners as additional insured, (b)
reasonably endeavor to obtain a waiver of subrogation with respect to such policy by the insurer
as to any claims against the other Owners, (c) reasonably endeavor to obtain a provision that
such policy may not be canceled, subjected to nonrenewal or substantially modified without first
providing at least thirty (30) days prior written notice to the other Owners, and (d) furnish to any
other Owner requesting the same evidence that the insurance described above is in full force and
effect and in compliance with the provisions of this Section The policies may be in the form of a
general coverage or floater policy covering the Owner's Parcel and other property It shall be a
default hereunder if any Owner fads to maintain such insurance coverage
8 Development Drainage Facilities Maintenance Costs Contribution Beginning on
the date of this Agreement (the "Effective Date'), the Owner of the FCB Property agrees to pay
its Pro Rata Share of the actual annual Development Drainage Facilities Maintenance Costs
incurred by the Owner of the Barefoot Property in accordance with this Agreement As more
particularly described below, the Owner of the FCB Property shall pay its Pro Rata Share of the
Development Drainage Facilities Maintenance Costs quarterly In the event the Effective Date
occurs on a day other than the first day of a calendar quarter, the Owner of the FCB Property's
Pro Rata Share of the actual annual Development Drainage Facilities Maintenance Costs for that
quarter shall be prorated on the basis of the number of days from the Effective Date to the end of
that calendar quarter to the total number of days in such quarter
9 Maintenance Contribution Payments Within ten (10) business days after the end
of each calendar quarter, the Owner of the Barefoot Property shall submit to the Owner of the
FCB Property an itemized description of its actual Development Drainage Facilities Maintenance
Costs incurred for such completed calendar quarter ("Quarterly Notice") Upon request, the
Owner of the Barefoot Property shall promptly provide the Owner of the FCB Property with
supporting documentation of Development Drainage Facilities Maintenance Costs identified in a
Quarterly Notice The Owner of the FCB Property agrees to pay the Pro Rata Share of the
Development Drainage Facilities Maintenance Costs as shown in the Quarterly Notice for such
preceding calendar quarter to the Owner of the Barefoot Property within thirty (30) days of its
receipt of the Quarterly Notice The Owner of the Barefoot Property shall submit its first
Quarterly Notice to the Owner of the FCB Property by January 10, 2015 This first Quarterly
Notice shall cover all Development Drainage Facilities Maintenance Costs incurred for the
period beginning on the Effective Date and ending on December 31, 2014 In the event that any
Quarterly Notice contains a total sum of actual Development Drainage Facilities Maintenance
Costs in excess of Ten Thousand Dollars ($10,000 00) for such quarter, then the Owner of the
FCB Property shall pay the Pro-Rata Share for the first Ten Thousand Dollars ($10,000 00) and,
for any amounts in excess of Ten Thousand Dollars ($10,000 00), the FCB Property Owner's Pro
Rata Share shall be reduced to fifty percent (50%) If the Owner of the FCB Property fads to pay
the FCB Property Owner's Pro Rata Share within thirty (30) days after the Owner of the
Barefoot Property's issuance of the Quarterly Notice, the Owner of the FCB Property will pay to

the Owner of the Barefoot Property an amount equal to the FCB Property Owner's Pro Rata
Share plus a late payment fee of $25 00 For each thirty (30) day period thereafter that the
Quarterly notice remains unpaid, the Owner of the FCB Property will pay to the Owner of the
Barefoot Property an additional late payment fee of $25 00 for each additional thirty (30) day
period that the Quarterly Notice remains unpaid
10 Indemnification The Owners shall each indemnify, defend and hold the other
Owners harmless from any claim, loss, or liability arising out of or related to any default or
violation of this Agreement by the indemnifying Owner or its associated Users This Section
shall not apply to the extent the Lability is covered by an applicable insurance policy
11 Taxes and Assessments Each Owner shall pay, or cause to be paid, prior to
delinquency, all taxes and assessments with respect to its Parcel, and the buildings and other
improvements located thereon It shall be a default hereunder if any Owner fails to pay any tax
bill prior to the date such taxes are delinquent
12 Amendment Except as provided elsewhere herein, this Agreement may not be
modified in any respect whatsoever, or rescinded in whole or in part, except with the consent of
all of the Owners of the Parcel(s) affected by the modification at the time of such modification
and, if required, by NCDENR, and then only by a written instrument duty executed and
acknowledged by the requisite parties, duly recorded in the Registry
13 Estoppel Certificates From time to time upon request in writing from an Owner,
each Owner agrees to execute, acknowledge and deliver to such requesting party a statement in
writing certifying to the requesting party or its designee that this Agreement is unmodified and in
full force and effect (or if there have been modifications, that the same is in full force and effect
as modified and stating the modifications), that such requesting party is current in its
construction, maintenance and other obligations under this Agreement, and any other factual data
relating to this Agreement which such Owner may reasonably request The party receiving such
request shall execute and deliver such written statement to the requesting party within fifteen
(15) days of its receipt of such written statement
14 Binding Effect, Duration This Agreement shall inure to the benefit of and be
binding upon the Parties, their heirs, successors and assigns Each easement, covenant,
condition, agreement and restriction contained herein shall be appurtenant to and for the benefit
of all of the Property, and shall run with the title to the FCB Property and the Barefoot Property,
and shall be binding upon each and every successor -in -interest of the parties hereto, regardless of
whether the deed or other instrument of conveyance by which such successor -in -interest acquires
title shall recite that the Property or any part or Parcel thereof is subject and subordinate to the
terms and provisions hereof
15 Default, Lien Right
(a) General In the event of a default by an Owner with respect to any
obligations under this Agreement (a "Defaulting Owner"), then any non -defaulting
Owner, in addition to any other remedies it may have available at law or in equity (a)
shall have the right to exercise self-help if such default is not cured within thirty (30)

days of receipt of written notice of the default (or immediately without notice in the event
of a failure to pay taxes or the existence of an emergency situation) which self-help may
include advances of monies to pay unpaid taxes or to cure other defaults of the defaulting
Owner, and (b) shall have a lien against the Parcel of the Defaulting Owner and all
improvements thereon for any unpaid amount, together with interest on such unpaid
amount at the rate of eight percent (8%) per annum (or, if lower, the highest rate
permitted by applicable law) The foregoing hen shall be subordinate to the interest of
any institutional mortgagee to the extent such institutional mortgagee has recorded a lien
prior to the recording of a specific notice of hen pursuant to this Agreement The
defaulting party hereby grants to the aggrieved part a non-exclusive right of entry and
non-exclusive easements across and under any and all parts of the defaulting parry's
Parcel (excluding the right to enter any buildings demised to or owned by others) for all
purposes reasonably necessary to enable the aggrieved party (acting directly or through
agents, contractors, or subcontractors), to perform any of the terms, provision, covenants
or conditions of this Agreement which the defaulting party shall have faded to perform,
after notice and time to cure, as aforesaid, if owing A claim of lien shall include the
following (i) the name of the claimant, (u) a statement concerning the basis for the claim
of hen, (w) the last known name and address of the Owner according to the tax records
of the Parcel against which the lien is claimed, (iv) a description of the Parcel(s) against
which the lien is claimed, (v) a descnption of the work performed or payment made
which has given rise to the claim of lien hereunder and a statement itemizmg the amount
thereof, and (vi) a statement that the lien is claimed pursuant to the provisions of this
Agreement, reciting the date, book and page of the recordation hereof The notice shall be
duly acknowledged and shall contain a certificate that a copy thereof has been served
upon the Defaulting Owner against whom the hen is claimed, either by personal service
or by mailing (first class, certified, return receipt requested) to the Defaulting Owner, at
the address for mailing of tax statements with respect to the Parcel against which the lien
is claimed The lien so claimed shall attach from the date of recordation solely in the
amount claimed thereby and it may be enforced in any manner allowed by law for the
foreclosure of liens
(b) Stormwater Violations and Fines Barefoot acknowledges that Barefoot as
the owner of the permit for the Development Drainage Facilities is to be the responsible
party for any erosion control and stormwater control issues relating to the Development
Drainage Area Barefoot agrees to take such actions and execute such documents as are
necessary to cause NCDENR or its successor in function, the State of North Carolina or
any agency or political subdivision thereof (jointly and severally, the "Government
Authorities", whether one or more) to recognize the Barefoot Property Owner (and not
FCB) as the person financially responsible for the Development Drainage Area
Regardless of whether or not any one or more of the Government Authorities recognizes
the Barefoot Property Owner as the financially responsible person for the Development
Drainage Area, Barefoot, for itself and its successors and assigns, agrees that Barefoot
and the Barefoot Property Owner shall, jointly and severally, indemnify and hold FCB,
the FCB Property Owner, and its members, managers, employees, agents, successors and
assigns, from and against any and every cost or expense including, without limitation,
court costs and reasonable attorneys' fees, resulting from or incurred in connection with
any failure of Barefoot and/or the Barefoot Property Owner to maintain and repair the

Development Drainage Area and the Development Drainage Facilities in full compliance
with all applicable laws and regulations and including specifically, but without limitation,
any fine imposed by any one or more of the Government Authorities in connection
therewith
Notwithstanding any other provision of this Agreement, in the event that Barefoot
or the Barefoot Property Owner receives a report or notice of any potential violation or
non-compliance from any one or more of the Government Authorities pertaining to the
Development Drainage Area and/or the Development Drainage Facilities, the Barefoot
Property Owner shall, promptly upon receipt, provide a copy of such report or notice to
the FCB Property Owner (which, notwithstanding the provisions of Section 17 hereof,
may be hand delivered, sent by facsimile or by e-mail, or sent by commercial courier
service) Barefoot and the Barefoot Property Owner shall be jointly and severally
responsible, at their sole cost and expense, for taking such action as is necessary to
correct the deficiency identified in the report notice prior to the date set forth therein
If Barefoot and/or the Barefoot Property Owner fad to correct such deficiency and
a notice of violation or non-compliance or a fine is issued, the FCB Property Owner may,
but shall not be obligated to, take such action and spend such sums as is necessary to cure
any violation, non-compliance and/or pay any fine assessed in connection therewith and
Barefoot and the Barefoot Property Owner, jointly and severally and within ten (10) days
after receipt of an invoice from the FCB Property Owner, pay to the FCB Property Owner
for all monies expended by the FCB Property Owner to cure such Violation and/or pay
such fine, plus an amount equal to five percent (5%) of such sum for the FCB Owner
undertaking the correction of the violation, non-compliance and/or payment of the fine
Nothing herein shall be deemed to apply to, and the FCB Property Owner shall be
solely responsible for, any non-compliance, violation, or fine to the extent that same
results from FCB or the FCB Property Owner's failure to comply with applicable laws
and regulations as they relate to any modification or alteration of the Development
Drainage Area or the Development Drainage Facilities after the Effective Date by the
FCB Property Owner without the express written consent of the Barefoot Property
Owner
16 Relationship of Agreement to Declaration FCB is the Declarant under the
Declaration by virtue of the Assignment Under the terms of the Declaration, the Declarant has
the authority to file amendments to the Declaration during the Declarant Control Period (as such
term is defined in the Declaration) without the consent or joinder of any other Unit Owner
Unless earlier terminated by the sale of all of the Units or another amendment to the Declaration,
the Declarant Control Period shall not expire until April 27, 2015 Each and every Unit Owner,
and their heirs, successors and assigns shall be bound by the terms of the Declaration as amended
by this Agreement By joining in the execution of this Agreement, FCB as Declarant hereby
amends the Declaration as follows
(a) Common Elements The Development Drainage Facilities and the
Development Drainage Area located on the FCB Property is and shall be a part of the
Common Elements serving each and every one of the Units

(b) Common Expenses The FCB Property's Pro Rata Share of the
Development Drainage Facilities Maintenance Costs shall be Common Expenses
allocated among and assessable against all of the Units and Unit Owners in accordance
with their allocated interest in and to the Common Elements as shown on Exhibit C to
the Declaration
(c) Covenant to Pay Maintenance Costs Each and every Unit Owner
covenants and agrees to pay the Common Expenses, specifically including, without
limitation, the FCB Property's Pro Rata Share of the Development Drainage Facilities
Maintenance Costs assessed against such Unit or Unit Owner Notwithstanding anything
to the contrary contained in the Declaration, each and every Unit Owner shall pay its
proportionate share of the FCB Property's Pro Rata Share of the actual Development
Drainage Facilities Maintenance Costs within thirty (30) days of receipt of any invoice or
assessment from the 1 Declarant or the Association showing the amount of the
Development Drainage Facilities Maintenance Costs allocated to or assessed against such
Unit or Unit Owner as part of the Common Expenses Failure of any Unit Owner to
make such payment in a timely manner shall be a default by such Unit Owner under the
Declaration entitling the Association or the Declarant to exercise any remedies available
to it under the terms of the Declaration or applicable law against such defaulting Unit
Owner, including, without limitation, placing a lien for non-payment of the Development
Drainage Facilities Maintenance Costs assessed against such unit as a Common Expense
on the Unit owned by the defaulting Unit Owner
The Parties understand and agree that the FCB Property is subject to a
condominium regime as more particularly described in the Declaration Under the terms
of the Declaration, all Common Expenses (including the FCB Property's Pro Rata Share
of the Development Drainage Facilities Maintenance Costs) shall be payable by the
Association, which is managed and controlled by Declarant until such time as a sufficient
number of Units are sold to permit the Unit Owners other than Declarant to elect at least
a 2/3 majority of the Association's board of directors Until such time, all Quarterly
Notices shall be submitted to FCB (or any successor Declarant) for payment and
collection The Declarant agrees to provide notice to the Barefoot Property Owner
pursuant to Section 17 below of the election of 2/3 of the members of the Association's
board of directors by Unit Owners other than Declarant, including the address for notices
to the Association Upon receipt of such notice, the Barefoot Property owner shall
deliver all Quarterly Notices to the Association, and shall look solely and exclusively to
the Association for payment of any of the FCB Property's Pro Rata Share of the
Development Drainage Facilities Maintenance Costs which accrued after the date of the
election of 2/3 of the members of the Association's board of directors by Unit Owners
other than Declarant, and the Association shall be deemed to be the FCB Property Owner
for purposes of this Agreement and the Association shall comply with all the FCB
Property Owner obligations set forth herein, and the Barefoot Property Owner and
NCDENR may look solely to the Association for such compliance and need not look to
or pursue any Unit Owner
10

17 Notice Any notices given pursuant to this Agreement shall be in writing, and
shall be personally delivered or deposited in the United States certified mail, postage prepaid,
return receipt requested, at the following addresses
If to FCB 29 College Drive
Bluefield, VA 24605
Ann Robert Anderson
With a copy to Poyner Spruill LLP
301 Fayetteville Street, Suite 1900
Raleigh, NC 27601
Ann Chris Roede
If to Barefoot Barefoot Flooring
2901 Castle Hayne Rd
Castle Hayne, NC 28429
Attn Dianne Wilson
With a copy to Oliver Friesen Cheek, PLLC
405 Middle St,
New Bern, NC 28560
Attn Amy Currm
Upon the conveyance of any Parcel, the notice address for the new Owner shall be provided
either (a) by providing a notice to the other Owners in compliance with the terms of this
Section, or (b) through an amendment to this Agreement Any Owner may change its notice
address by providing a notice to the other Owners in compliance with the terms of this Section
18 Private Agreement Nothing herein is intended, nor shall be construed, to create
any rights whatsoever for the benefit of the general public in and to the Property or the
improvements constructed thereon, and nothing herein shall be constituted to effect, or intend to
effect, a dedication of the Development Drainage Facilities or the Development Drainage Area to
the general public
19 No Use Without Consent No property other than the FCB Property and the
Barefoot Property may use the Development Drainage Facilities or the Development Drainage
Area for stormwater control without the prior written consent of the Owner of the Barefoot
Property
20 No Waiver No waiver of any breach of any covenant or provision herein
contained shall be deemed a waiver of any preceding or succeeding breach thereof, or of any
other covenant or provision herein contained No extension of time for performance of any
obligation or act shall be deemed an extension of time for performance of any other obligation or
act
21 Time of Essence, Computation of Time Time is of the essence in this
Agreement In computing any period of time prescribed or allowed by this Agreement, the day of
the act or event after which the designated period of time begins to run is not to be included The
11

last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal
holiday under the laws of the United States or the State, in which event the period shall run until
the end of the next day which is neither a Saturday, Sunday nor a legal holiday, and the
computation of any designated period of time that is calculated from the expiration of a previous
period that ended on the next day which is neither a Saturday, Sunday nor a legal holiday shall
commence on said next day For purposes of this Agreement, the term "business day" shall mean
any day which is not a Saturday, Sunday or legal holiday
22 Miscellaneous If any term, covenant or condition of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby and each such terns,
covenant or condition of this Agreement shall be valid and enforceable to the full extent
permitted by law This Agreement shall be construed in accordance with and governed by the
laws of the State of North Carolina This Agreement is an integrated agreement and expresses the
complete agreement and understanding of the parties, and all prior or contemporaneous oral
agreement or prior written agreement regarding the subject matter hereof shall be merged herein
and then extinguished Each party hereto represents and warrants to the other that the execution
of this Agreement and any other documents required or necessary to be executed pursuant to the
provisions hereof are valid, binding obligations and are enforceable in accordance with their
terms The instrument may be executed in multiple counterparts, each of which shall be deemed
an original but all of which, taken together, shall constitute the same instrument The Parties
hereto understand and agree that each has no fiduciary, trust, guardian, representative,
partnership, joint venturer or other similar relationship to or with the other, and no such
relationship shall be drawn or implied from this Agreement and/or the actions or inactions of the
Parties hereunder or with respect hereto or the Development Drainage Facilities
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
12

IN WITNESS WHEREOF, the undersigned have caused these presents to be executed as
of the day and year first above written
FIRST COMMUNITY BANK,
a Virginia banking corporation
By
Robert WAndq6A
Vice President
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF Ta Wei
I, the undersigned, a Notary Public for the Commonwealth of Virginia, certify that Robert
M Anderson personally appeared before me this day and acknowledged that he is the Vice
President of First Community Bank, a Virginia banking corporation, and that he, as Vice
President, being duly authorized to do so, executed the foregoing on behalf of said banking
corporation for the purposes stated therein DfCft6r
Witness my hand and official stamp or seal, this the (S day ofNevember2014
AI F7ugirnaom
ao,�o17
13
-az4ad� -
Notary Public
Printed/TypedName he a1?L
My commission expires 9301201-7

IN WITNESS WHEREOF, the undersigned have caused these presents to be executed as
of the day and year first above written
BAREFOOT FLOORING, INC.,
a North Carolina corporation
1//
By Ors a ' e � iJ�0I
Dianne P Wilson, its President
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, the undersigned, a Notary Public for the State of North Carolina, certify that Dianne P
Wilson personally appeared before me this day and acknowledged that she is the President of
Barefoot Flooring, Inc North Carolina corporation, and that she, as President, being duly
authorized to do so, executed the foregoing on behalf of said corporation for the purposes stated
therein
.P
Witness my hand and official stamp or seal, this the 5
day of r, 2014
GW W KXN M6
N01I M PLUX
NON HAPKM CMIIY, NC
14
14
No ubli / /
P nted/Ty Name Q!vY
My commission expires

EXHIBIT"A"
Barefoot Property
Being all of Tract A as shown on that certain Subdivision Plat entitled `Barefoot Square
Subdivision of Lot 1 of MB 42/100" recorded in Map Book 55, Page 81, New Hanover County
Registry
15

EXHIBIT "B"
(FCB Property)
A Unit Ownership in real property pursuant to Chapter 47C of the General
Statutes of the State of North Carolina in and to Units 100, 110, 120, 130, 140,
150, 160, and 170 in Barefoot Square Business Condominium as the same is
shown on a plat or plats thereof recorded in Condominium Plat Book 18 at Pages
148 to 149 of the New Hanover County Registry
Together with an undivided interest in the common areas and facilities as
described in the Declaration of Condominium of Barefoot Square Business
Condominium recorded in Book 5481 at Page 2180 of the aforesaid Registry and
any amendments thereto
Together with and subject to those rights, privileges, covenants, conditions and
restrictions contained in the aforementioned Declaration recorded in Book 5481 at
Page 2180 of the aforesaid Registry and any amendments thereto
16

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THIS MAP IS NOT A CERTIFIED SURVEY AND
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GOVERNMENT AGENCY FOR COMPLIANCE
WITH ANY APPLICABLE LAND DEVELOPMENT
EXHIBIT "C" REGULATIONS
(Development Drainage Areal
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TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
tffitlti#ftfffllfffflMtMIR1tINttItYRRtfitt N##t1#11#11Rttftf#f#Iftit#tltlflt#1ffR1#Iff iRf ttlttlflf tf lff lfif111f if1f ff
Filed For Registration
Book
Document No
Recorder
12/3012014 12 11 04 PM
RE 5859 Page 2877-2894
2014034844
18 PGS $34 00
JOHNSON,CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2014034844*
2014034844

NRL11111111
(space above line for recording
STATE OF NORTH CAROLINA
SFOR REGISTRATION REGISTER OF DEED'
TA" THEUSCH BEASLEY
2014 DEC 30 COUNTY
2 11Y64RPM
BK 5859 PG 2895-2900 FEE $26 00
INF US1 11010106
Prepared by & Return to
COUNTY -OF NEW-HANOVER Poyner Spnull-LLP-(CHR)
P O Box 1801
Raleigh, NC 27602-1801
Cross index to Declaration of Condominium for Barefoot
Square Business Condominium recorded
in Book 5481, Page 2180, New Hanover
County Registry
AMENDMENT TO DECLARATION
OF BAREFOOT SQUARE BUSINESS CONDOMINIUM
THIS AMENDMENT TO DECLARATION OF BAREFOOT SQUARE BUSINESS
CONDOMINIUM (the "Amendment") is made this 15th day of December, 2014, by FIRST
COMMUNITY BANK, a Virginia banking corporation (the "FCB"), with a mailing address of
110 N J K Powell Blvd, Whlteville, NC 28472
WHEREAS, FCB is the owner of the real property more particularly described on
Exhibit A attached hereto and incorporated herein by reference (the "FCB Propertv'1, which
FCB acquired by trustees deed (the "Trustee's Deed") recorded in the Office of the Register of
Deeds for New Hanover County (the "Re¢istrv") on April 17, 2014 in Book 5808 at Page 2452,
WHEREAS, The FCB Property is subject to that certain Declaration of Condominium of
Barefoot Square Business Condominium (as the same has or may be further amended, the
"Declaration") recorded in Book 5481, Page 2180, aforesaid Registry,
WHEREAS, FCB was assigned all tights as Declarant under the Declaration pursuant to
the terms of that certain Assignment of Declarant's Rights ("Assignment') recorded on March
28, 2014, in Book 5805, Page 339, aforesaid Registry,

WHEREAS, contemporaneously with this Amendment, FCB entered into that certain
Declaration of Covenants, Restrictions, and Easements dated December 15, 2014, and recorded
ni BookST S' 1 , Page cg11 , of the Registry (the "Agreement'),
WHEREAS, under the terms of the Declaration, the Declarant has the authority to file
amendments to the Declaration during the Declarant Control Period (as such term is defined in
the Declaration) without the consent or joinder of any other Unit Owner,
WHEREAS, unless earlier terminated by the sale of all of the Units or another
amendment to the Declaration, the Declarant Control Period shall not expire until April 27, 2015,
WHEREAS, FCB, as Declarant under the terms of the Declaration and Owner of all of
the Units of the Condominium desires to amend the Declaration to obligate the Unit Owners to
paytheir proportionate share of FCB Property's Pro Rata Share of the Development Drainage
Facilities Maintenance Costs (as such terms are used in the Agreement) as a Common Expense,
NOW, THEREFORE, FCB hereby declares, agrees and states that the Declaration shall
be amended as follows
1 RECITALS The foregoing recitals shall constitute an integral part of this
Amendment, and this Amendment shall be construed in light thereof
2 COVENANT TO PAY MAINTENANCE COSTS Each and every Unit Owner
covenants and agrees to pay the Common Expenses, specifically including, without litmtation,
the FCB Property's Pro Rata Share of the Development Drainage Facilities Maintenance Costs
assessed against such Unit or Unit Owner Notwithstanding anything to the contrary contained
in the Declaration, each and every Unit Owner shall pay its proportionate share of the FCB
Property's Pro Rata Share of the actual Development Drainage Facilities Maintenance Costs
within thirty (30) days of receipt of any invoice or assessment from the Declarant or the
Association showing the amount of the Development Drainage Facilities Maintenance Costs
allocated to or assessed against such Umt or Unit Owner as part of the Common Expenses
Failure of any Unit Owner to make such payment in a timely manner shall be a default by such
Unit Owner under the Declaration entitling the Association or the Declarant to exercise any
remedies available to it under the terms of the Declaration or applicable law against such
defaulting Unit Owner, including, without limitation, placing a lien for non-payment of the
Development Drainage Facilities Maintenance Costs assessed against such unit as a Common
Expense on the Unit owned by the defaulting Umt Owner Each and every Unit Owner's
proportionate share of the FCB Property's Pro Rats Share of the actual Development Drainage
Facilities Maintenance Costs shall be equal to each Condominium Units' allocated interest in and
to the Common Elements of the Condominium as more particularly described in the Declaration,
as the same shall amended from time to time For example, for any particular assessment for
Development Drainage Facilities Maintenance Costs, if the FCB Property's Pro Rata Share of
the actual Development Drainage Facilities Maintenance Costs equals $600 00, and a Unit's
allocated interest in and to the Common Elements is 12 50%, then the Unit Owner of that Unit

shall pay $75 00 as a Common Expense towards the FCB Property's Pro Rata Share of the actual
Development Drainage Facilities Maintenance Costs
MISCELLANEOUS
(a) Successors and Assigns This Amendment shall run with the land and be
binding on all parties hereto, their heirs, successors and assigns and shall inure to the
benefit of each party hereto
(b) Defined Terms Capitalized terms used but not defined herein shall have
the meanings given to them in the Declaration
(c) Interpretation of Covenants Except as expressly modified, all of the
-- — terms and provisions of the Declaration, as amended, —are hereby ratified and -confirmed —
(d) Amendment by Unit Owners FCB signs this Amendment both in its
capacity as the Owner of each and every Unit in the Condominium and as the Declarant
FCB as Owner of all of the Units in the Condominium also hereby acknowledges the
validity of the Assignment and reaffirms that FCB is Declarant under the terms of the
Declaration as of the time of the recordation of the Assignment in the Registry
(signatures contained on next page)

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by its authorized officers effective as of the day and year first above shown
FCB.
FIRST COMMUNITY BANK,
a Virginia banking corporation
By N
Robert 1\ An n
Vice President
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF T07CWCI
1, the undersigned, a Notary Public for the Commonwealth of Virginia, certify that Robert
M Anderson personally appeared before me this day and acknowledged that he is Vice President
of First Community Bank, a Virginia banking corporation, and that he, as Vice President, being
duly authorized to do so, executed the foregoing on behalf of said banking corporation for the
purposes stated therein
1�. Cent%er
Witness my hand and official stamp or seal, this the day of Nerembei, 2014
C
l]4 R G GONZALEZotary Publicnwealth of Virginia9 #7580052
�P+ SW m.2mr
aulo&k'
Notary Public
Printed/Typed Name Cr l W YIZAt�Z
My commission expires 201

EXHIBIT "A"
(FCB Property)
A Unit Ownership in real property pursuant to Chapter 47C of the General
Statutes of the State of North Carolina in and to Units 100, 110, 120, 130,-140,
150, 160, and 170 in Barefoot Square Business Condominium as the same is
shown on a plat or plats thereof recorded in Condominium Plat Book 18 at Pages
148 to 149 of the New Hanover County Registry
Together with an undivided interest in the common areas and facilities as
described in the Declaration of Condominium of Barefoot Square Business
Condominium recorded in Book 5481 at Page 2180 of the aforesaid Registry and
any amendments thereto
Together with and subject to those rights, privileges, covenants, conditions and
restrictions contained in the aforementioned Declaration recorded in Book 5481 at
Page 2180 of the aforesaid Registry and any amendments thereto

/oNTY:
r,
7
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
itttfttHttfffltftltfitffttlfifHth}}Yif tfYtf NftRfiitt!}YfetftttiffiYttflttHtfiltlffittlfftffftiitff}ftttffflf ff ttftt}
Filed For Registration
Book
Document No
Recorder
12/3012014 12 11 04 PM
RE 5859 Page 2895-2900
2014034845
6 PGS $26 00
JOHNSON,CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2014034845*
2014034845

1
" High Density Commercial Subdivisions
Deed Restrictions & Protective Convenances
In accordance with Title 15 NCAC 2H 1000 and S L 2006-246, the Management Regulations, deed
restrictions and protective covenants are required for High Density Commercial Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility
Deed restrictions and protective covenants are necessary to ensure that the development maintains a
built -upon area consistent with the design criteria used to size the stormwater control facility
1, Dianne P Wilson, President of Barefoot Flooring, Inc, acknowledge, affirm and agree by my
signature below, that I will cause the following deed restrictions and covenants to be recorded prior to
the sale of any lot within the project known as Barefoot Square
1 The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8060909 as issued by the Division of Water Quality under the
Stormwater Management Regulations
2 The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit
3 These covenants are to run with the land and be binding on all persons and parties claiming
under them
4 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
5 Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality
6 The maximum allowable built -upon area per lot is 42,961square feet
*Note If the BUA per lot vanes, please substitute the following statement for the one above and
provide a complete listing of the proposed BUA for each lot
The maximum built -upon area per lot, in square feet, is as listed below
Lot # BUA Lot # BUA Lot # BUA k Lot # BUA
_1_ 21,122 _2_ 21,839
Lot #1 • Barefoot Flooring Lot #2 Barefoot Square, owned by First Community Bank
This allotted amount includes any built -upon area constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot line 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
All runoff from the built -upon areas on the lot must drain into the permitted system This may be
accomplished through a variety of means including roof drain gutters which dram to the street,
grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff
and directing them into a component of the stormwater collection system Lots that will naturally
drain into the system are not required to provide these additional measures
The owner of each lot, whose ownership is not retained by the permittee, is required to submit a
separate stormwater permit application to the Division of Water Quality and receive a permit
prior to construction
The project and each lot will maintain a 30** foot wide vegetated buffer between all impervious
areas and surface waters
**50 foot for projects located in the 20 coastal counties VF '
DEC 17 2014
Form DRPC-1 Rev 2 05Nov2009 Page t of 2
BY

High Density Commercial Subdivisions
Deed Restrictions & Protective Convenances
Signature 4�� I'll
l t/d Date /�
State of
do hereby certify that
County of
a Notary Public in the
appeared
before me this the day of 6 (1z kgz 20 , and acknowledge
the du xecution of the foregoing instrument Witness my hand and official seal,
SignaZmission
e
My C expires
Form DRPC-1 Rev 2 05Nov2009 Page 2 of 2
SEAL
NEYV C 61.IC
WHt1', NC
9FC[EUVV
DEC 17 2014
d
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SPACE ABOVE LINE FOR RECORDING DATA
STATE OF NORTH CAROLINA Prepared by/return to Poyner Spruill LLP (CHR)
PO Box 1801
Raleigh, NC 27602-1801
COUNTY OF NEW 14ANOVER Cross index to Declaration of Condominium for Barefoot Square
Business Condominium recorded
in Book 5481, Page 2180, New Hanover County Registry
AMENDED AND RESTATED DECLARATION OF COVENANTS, RESTRICTIONS
AND EASEMENTS
THIS AMENDED AND RESTATED DECLARATION OF COVENANTS,
RESTRICTIONS AND EASEMENTS ("Agreement") is made as of this 30ih day of December,
2014, by and between CASTLE IIAYNE PROPERTY, LLC, a North Carolina limited liability
companv ("Castle"), with a mailing address of 2901 Castle Hayne Rd , Castle Hayne, NC 28429,
BAREFOOT FLOORING INC, a North Carolina corporation ("Barefoot"), with a mailing
address of 2901 Castle Hayne Rd, Castle Hayne, NC 28429 and FIRST COMMUNITY
BANK, a Virginia banking corporation ("rCB", and FCB, Barefoot and Castle are sometimes
referred to collectively herein as the "Parties"), with a mailing address of 110 N J K Powell
Blvd Whiteville, NC 28472
Recitals
A Castle is the owner of certain real property in Cape Fear Township, New Hanover
County, North Carolina, more particularly described on Exhibit A attached hereto and
incorporated herein by reference (the "Barefoot Property")
B On December 15, 2014, Barefoot entered into that certain Declaration of
Covenants Restrictions and Easements with FCB, which Declaration was recorded in the Office
of the Register of Deeds for New Hanover County (the ` Registry") on December 30, 2014 in
Book 5859 at Page 2877, New Hanover County Registry ("Original Agreement')
C On December 23, 2014, Barefoot transferred the Barefoot Property to Castle via
North Carolina Geneial Warranty Deed recorded in Book 5859, Page 825, aforesaid Registry

D Castle, Barefoot and FCB desire to enter into this Amended and Restated
Declaration of Covenants, Conditions and Restrictions to confirm that that Castle agrees to be
bound by and subject to the terms of the Original Agreement
E FCB is the owner of the real property more particularly described on Exhibit B
attached hereto and incorporated herein by reference (the "FCB Property"), which FCB acquired
by trustees deed (the `Trustee's Deed") recorded
F The FCB Property is subject to that certain Declaration of Condominium of
Barefoot Square Business Condominium (as the same has or may be further amended, the
"Declaration") recorded in Book 5481, Page 2180, aforesaid Registry
G FCB was assigned all rights as Declarant under the Declaration pursuant to the
terms of that certain Assignment of Declarant's Rights ("Assignment") recorded on March 28,
2014, in Book 5805, Page 339, aforesaid Registry
H As part of its approval of the development of the Barefoot Property and the FCB
Property, the North Carolina Department of Environment and Natural Resources ("NCDENR")
iequired that certain permanent storm water drainage and impoundment facilities be constructed
on areas located on both the Barefoot Property and the FCB Property Barefoot has constructed
a permanent storinwater detention pond within the area identified on Exhibit C (such pond,
together with all permanent stormwater collection, drainage and impoundment facilities currently
installed and located on the FCB Property and the Barefoot Property, the "Development
Drainage Facilities' ) The areas in which the Development Drainage Facilities are located are
herein referred to collectively as the "Development Drainage Area" The Development Drainage
Facilities were constructed in accordance with existing NCDENR stormwater management
permit number SW8060909 (the "Permit")
I In accordance with Title 15A NCAC 2H 1000 and S L 2006-246 (the
"Management Regulations") deed restrictions and protective covenants are required for Hugh
Density Commercial Subdivisions where lots will be subdivided and sold and runoff will be
treated in an engineered stormwater control facility Deed restrictions and protective covenants
are necessary to ensure that the development maintains a built -upon area consistent with the
design criteria used to size the stormwater control facility
J Prior to FCB's foreclosure of the FCB Property as more particularly described in
the Trustee's Deed, the Development Drainage Area was located on real property owned or
under the common control of Barefoot As a result of the Foreclosure, the development
Drainage Area is now located on parcels of land with separate ownership and control
Accordingly, this Agreement is necessary to ensure that the FCB Property and the Barefoot
Properly is and will continue to be in compliance with the Permit and Management Regulations
K At the time of recording of this Agreement, only the FCB Property and the
Barefoot Property use the Development Drainage Facilities
L The Parties desire to create new rights, duties and obligations by and between
themselves and their respective successors and assigns, all on the terms more particularly set
forth herein regarding the shared use of the Development Drainage Facilities
0

NOW, THEREFORE, for and in consideration for the mutual promises contained herein,
and other good and valuable consideration, receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows
1 Recitals, Definitions The foregoing Recitals, each and all being true and correct,
are incorporated into this Agreement by this reference as a material part hereof For the purposes
of this Agreement, in addition to any definitions set forth elsewhere herein, the following terms
shall have the following meanings
(a) "Association" shall have the meaning given to it in the Declaration
(b) `Common Areas" shall have the meaning given to it in the Declaration
(c) `Common Expenses' shall have the meaning given to it in the
Declaration
(d) "Development Drainage Facilities Maintenance Costs" means those out-
of-pocket expenses incurred by the Owner of the Barefoot Property in performing the
maintenance, repair or replacement of the Development Drainage facilities
(e) ` Owner" shall mean the record owner of any Parcel and `Owners" shall
mean all of the record owners of all of the Parcels
(0 "Parcel" means any portion of the FCB Property (specifically including,
without limitation, any Unit located on or comprising any portion of the FCB Property)
or the Barefoot Property, and any subdivision thereof by an Owner after the date hereof,
and which now or hereafter discharges storm water into the Development Drainage
Facilities
(g) "Property" means all of the FCB Property and the Barefoot Property, and
other property which now or hereafter discharges storm water into the Development
Drainage Facilities
(h) "Property Owner" means the Barefoot Property Owner and/or the FCB
Property Owner, as applicable
(1) ` Pro Rata Share" shall mean fifty-five percent (55%), except as otherwise
provided in Section 9 of this Agreement below in regards to Development Drainage
Facilities Maintenance Costs in excess of Ten Thousand Dollars ($10,000 00) for a
calendar quarter
0) "Unit" shall have the meaning given to it in the Declaration
(k) "Unit Owner" shall have the meaning given to it in the Declaration
(1) "User" shall mean any Owner, any lessee or sublessee of a Parcel, and any
of their respective customers, invitees, employees and agents
K

2 Grant of Easements, Barefoot to FCB Castle does hereby give, grant and convey
unto FCB and its Users, and their respective successors and assigns, for the benefit of the 1'CB
Property, a permanent non-exclusive easement over, under and across the Barefoot Property for
the purpose of stormwater drainage, retention and/or detention only, said easement being
specifically over, under and across the Development Drainage Area, for the purpose of
permitting storm water to flow from the FCB Property across the Barefoot Property to and to
accumulate in the Development Drainage Facilities located in the Development Drainage Area
on the Barefoot Property TO HAVE AND TO HOLD the land herein described unto FCB, its
successors and assigns for the aforesaid uses and purposes and none other (except as otherwise
provided in this Agreement), it being agreed that the rights and easement herein granted are
appurtenant to and run with the FCB Property
3 Grant of Easements, FCB to Barefoot FCB does hereby give, grant and convey
unto Castle and its Users, and their respective successors and assigns, for the benefit of the
Barefoot Property, a permanent non-exclusive easement over, under and across the FCB Property
for the purpose of stormwater drainage, retention and/or detention only, said easement being
specifically over, under and across the Development Drainage Area, for the purpose of
permitting storm water to flow from the Barefoot Property across the FCB Property to and to
accumulate in the Development Drainage Facilities located in the Development Drainage Area
on the FCB Property In addition to the foregoing, FCB does hereby give, grant and convey unto
Castle, and its successors and assigns, for the benefit of the Barefoot Property, a permanent non-
exclusive easement over, under and across the FCB Property for the purpose of constructing,
installing, operating, inspecting, repairing replacing and maintaining the Development Drainage
Facilities located or to be located on the FCB Property TO HAVE AND TO HOLD the land
herein described unto Castle, its successors and assigns, for the aforesaid uses and purposes and
none other (except as otherwise provided in this Agreement), it being agreed that the rights and
easement herein granted are appurtenant to and run with the Barefoot Property
4 Covenants and Restrictions The following covenants are intended to ensure
ongoing compliance with the Permit The State of North Carolina is made a beneficiary of these
covenants to the extent necessary to maintain compliance with the Permit These covenants are
to run with the land and be binding on all persons and parties claiming under them The
covenants may not be altered or rescinded without the express written consent of the NCDENR
Division of Energy, Mineral and Land Resources (or its successor in function) Alteration of the
drainage as shown on the approved plan may not take place without the concurrence of the
Division of Water Quality
(a) Maximum Allowable Built Upon Area The maximum allowable built
upon area for the FCB Property and the Barefoot Property is 42,961 square feet The
maximum built -upon area per lot, in square feet, for the Barefoot Property is 21,222, and
for the FCB Property is 21,839 This allotted amount includes any built -upon area
constructed within the lot property boundaries, and that portion of the right of way
between the front lot line 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
4

(b) Runoff All runoff from the built -upon areas on the FCB Property and the
Barefoot Property must dram into the permitted system This may be accomplished
through a variety of means including roof dram gutters which dram to the street grading
the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and
directing them into a component of the stormwater collection system Lots that will
naturally dram into the system are not required to provide these additional measures
(c) Permits The owner of each lot, whose ownership is not retained by
Barefoot, is required to submit a separate stormwater permit application to the Division
of Water Quality and receive a permit prior to construction
(d) Buffer 'The project and each lot will maintain a 30 toot wide vegetated
buffer between all impervious areas and surface waters For projects located in the 20
coastal counties a 50 foot wide vegetated buffer must be maintained
5 Cost of Initial Construction and Previous Costs FCB and Castle agree that FCB
shall have no obligation to contribute towards or to reimburse Castle for any of the costs of
construction, maintenance or repair of the Development Drainage Facilities incurred prior to the
date of this Agreement Ilowcver, rCB agrcw to rumbuise and pay to Barefoot, within ten (10)
days after the execution of this Agreement by FCB, an amount equal to one-half (1/2) of the
Development Drainage Facilities Maintenance Costs incurred by Castle after March 28, 2014,
which one-half amount is $600 00 If this Agreement is executed aftei Barefoot pays the
October 2014 Development Drainage Facilities Maintenance Costs, FCB also shall immediately
reimburse Barefoot for one-half of such October Maintenance Costs
6 Maintenance From and after the Date of this Agreement, the Barefoot Property
Owner shall be responsible, at its sole cost and expense, for payment of all Development
Drainage Facilities Maintenance Costs The Barefoot Property Owner shall maintain the
Development Drainage Facilities and the Development Drainage Area in compliance with the
Permit and all laws and regulations and in good condition and repair, and shall conduct all work
in a hen free manner So long as the Barefoot Property Owner is solely responsible for
maintenance and repair of the Development Drainage Facilities and the Development Drainage
Area as provided herein, the Barefoot Property Owner shall indemnify and hold FCB and any
Owner of the FCB Property harmless from and against any and all costs associated with the
Development Drainage Facilities and the Development Drainage Area including, but without
limitation, any violations issued and any fines assessed by NCD> NR Except in the case of
emergency, in which notice may be given after entry, the Barefoot Property Owner shall give
reasonable prior notice to the other Owners of any work to be done relating to the Development
Drainage Facilities and shall restore the ground surface of the affected area to the same condition
as existed prior to such work The Barefoot Property Owner is hereby granted a nonexclusive
right, privilege and easement appurtenant to the Barefoot Property over and across the FCB
Property for the limited purpose of operating, maintaining, repairing, replacing, and
reconstructing the Development Drainage Facilities and the Development Drainage Area
Notwithstanding the foregoing, the FCB Property Owner agrees to reimburse the Barefoot
Property Owner for the FCB Property Owner's Pro Rata Share of the actual Development
Drainage Facilities Maintenance Costs as more particularly described in Sections 8 and 9 below
R

A fence ( `Fence") surrounds the stormwater detention pond Each Property Owner
agrees to be responsible for the repair of any damage or alteration (by bending, breaking or
otherwise) to the Fence that is caused by any User of its Property Each and every one of the
Parties understand and agree that notwithstanding the location of the Fence on the Property, or
any other structures, improvements, fences, walls or barriers as may be located on the Property
from time to time, the boundary between the FCB Property and the Barefoot Property shall be in
the place shown as the boundary between Tract A and Tract B as shown on that certain
Subdivision Plat entitled "Barefoot Square Subdivision of Lot 1 of MB 42/100" recorded in Map
Boot. 55, Page 81, New Hanover County Registry Nothing contained herein shall prevent the
Parties from relocating the boundary between the Property from time to time by a written
instrument duly executed and acknowledged by the requisite parties, duly recorded in the
Registry
7 Insurance The Owner of the Barefoot Property and the Owner of the FCB
Property each shall keep in full force and effect a policy of commercial general liability
insurance which shall provide for a limn of not less than One Million ($1,000,000 00) Dollars for
personal or bodily injury or death to any one person, a limit of not less than Two Million
(52,000,000 00) Dollars for personal or bodily injury or death to any number of persons arising
out of any one occurrence, and a limit of not less than One Million ($1,000,000 00) Dollars in
respect of any instance of property damage With respect to any liability insurance policy
required to be maintained hereunder, the Owner shall (a) insure that its liability policy contains a
provision naming that Owner as insured and the other Owners as additional insured, (b)
reasonably endeavor to obtain a waiver of subrogation with respect to such policy by the insurer
as to any claims against the other Owners, (c) reasonably endeavor to obtain a provision that
such policy may not be canceled subjected to nonrenewal or substantially modified without first
providing at least thirty (30) days prior written notice to the other Owners, and (d) furnish to any
other Owner requesting the same evidence that the insurance described above is in full force and
effect and in compliance with the provisions of this Section The policies may be in the form of a
general coverage or floater policy covering the Owner's Parcel and other property it shall be a
default hereunder if any Owner fails to maintain such insurance coverage
8 Development Drainage Facilities Maintenance Costs Contribution Beginning on
the date of this Agreement (the "Effective Date"), the Owner of the FCB Property agrees to pay
its Pro Rata Share of the actual annual Development Drainage Facilities Maintenance Costs
incurred by the Owner of the Barefoot Property in accordance with this Agreement As more
particularly described below, the Owner of the FCB Property shall pay its Pro Rata Share of the
Development Drainage Facilities Maintenance Costs quarterly In the event the Effective Date
occurs on a day other than the first day of a calendar quarter, the Owner of the FCB Property's
Pro Rata Share of the actual annual Development Drainage Facilities Maintenance Costs for that
quarter shall be prorated on the basis of the number of days from the Effective Date to the end of
that calendar quarter to the total number of days in such quarter
9 Maintenance Contribution Payments Within ten (10) business days after the end
of each calendar quarter, the Owner of the Barefoot Property shall submit to the Owner of the
FCB Property an itemized description of its actual Development Drainage Facilities Maintenance
Costs incurred for such completed calendar quarter ("Quarterly Notice") Upon request, the
Owner of the Barefoot Property shall promptly provide the Owner of the FCB Property with
6

supporting documentation of Development Drainage Facilities Maintenance Costs identified in a
Quarterly Notice The Owner of the FCB Property agrees to pay the Pro Rata Share of the
Development Drainage Facilities Maintenance Costs as shown in the Quarterly Notice for such
preceding calendar quarter to the Owner of the Barefoot Property within thirty (30) days of its
receipt of the Quarterly Notice The Owner of the Barefoot Property shall submit its first
Quarterly Notice to the Owner of the FCB Property by January 10, 2015 This first Quarterly
Notice shall cover all Development Drainage Facilities Maintenance Costs incurred for the
period beginning on the Effective Date and ending on December 31, 2014 In the event that any
Quarterly Notice contains a total sum of actual Development Drainage Facilities Maintenance
Costs in excess of Ten Thousand Dollars ($10,000 00) for such quarter, then the Owner of the
PCB Property shall pay the Pro -Bata Share for the first Ten Thousand Dollars ($10,000 00) and,
for any amounts in excess of Ten Thousand Dollars ($10,000 00), the FCB Property Owner's Pro
Rata Share shall be reduced to fifty percent (50%) If the Owner of the FCB Property fails to pay
the FCB Property Owner's Pro Rata Share within thirty (30) days after the Owner of the
Barefoot Property's issuance of the Quarterly Notice, the Owner of the FCB Property will pay to
the Owner of the Barefoot Property an amount equal to the FCB Property Owner's Pro Rata
Share plus a late payment fee of $25 00 For each thirty (30) day period thereafter that the
Quarterly notice remains unpaid, the Owner of the FCB Property will pay to the Owner of the
Barefoot Property an additional late payment fee of $25 00 for each additional thirty (30) day
period that the Quarterly Notice remains unpaid
10 Indemnification The Owners shall each indemnify, defend and hold the other
Owners harmless from any claim loss, or liability arising out of or related to any default or
violation of this Agreement by the indemnifying Owner or its associated Users This Section
shall not apply to the extent the liability is covered by an applicable insurance policy
11 Taxes and Assessments Each Owner shall pay, or cause to be paid, prior to
delinquency, all taxes and assessments with respect to its Parcel, and the buildings and other
improvements located thereon it shall be a default hereunder if any Owner fails to pay any tax
bill prior to the date such taxes are delinquent
12 Amendment Except as provided elsewhere herein, this Agreement may not be
modified in any respect whatsoever, or rescinded in whole or in part, except with the consent of
all of the Owners of the Parcel(s) affected by the modification at the time of such modification
and, if required, by NCDENR, and then only by a written instrument duly executed and
acknowledged by the requisite parties, duly recorded in the Registry
13 Estoppel Certificates From time to time upon request in writing from an Owner,
each Owner agrees to execute, acknowledge and deliver to such requesting party a statement in
writing certifying to the requesting party or its designee that this Agreement is unmodified and in
full force and effect (or if there have been modifications, that the same is in full force and effect
as modified and stating the modifications), that such requesting party is current in its
construction, maintenance and other obligations under this Agreement, and any other factual data
relating to this Agreement which such Owner may reasonably request The party receiving such
request shall execute and deliver such written statement to the requesting party within fifteen
(15) days of its receipt of such written statement
7

14 Binding Effect, Duration This Agreement shall Inure to the benefit of and be
binding upon the Parties, their heirs, successors and assigns Each easement, covenant,
condition, agreement and restriction contained herein shall be appurtenant to and for the benefit
of all of the Property, and shall run with the title to the FCB Property and the Castle Property,
and shall be binding upon each and every successor -in -interest of the parties hereto, regardless of
whether the deed or other instrument of conveyance by which such successor-m-interest acquires
title shall recite that the Properly or any part or Parcel thereof is subject and subordinate to the
terms and provisions hereof
15 Default, Lien Rieht
(a) General In the event of a default by an Owner with respect to any
obligations under this Agreement (a "Defaultine Owner"), then any non -defaulting
Owner, in addition to any other remedies it may have available at law or in equity (a)
shall have the right to exercise self-help if such default is not cured within thirty (30)
days of receipt of written notice of the default (or immediately without notice in the event
of a failure to pay taxes or the existence of an emergency situation) which self-help may
include advances of monies to pay unpaid taxes or to cure other defaults of the defaulting
Owner, and (b) shall have a lien against the Parcel of the Defaulting Owner and all
improvements thereon for any unpaid amount, together with interest on such unpaid
amount at the rate of eight percent (8%) per annum (or, if lower, the highest rate
permitted by applicable law) The foregoing lien shall be subordinate to the interest of
any institutional mortgagee to the extent such institutional mortgagee has recorded a lien
prior to the recording of a specific notice of lien pursuant to this Agreement fhe
defaulting party hereby grants to the aggrieved part a non-exclusive right of entry and
non-exclusive easements across and under any and all parts of the defaulting party's
Parcel (excluding the right to enter any buildings demised to or owned by others) for all
purposes reasonably necessary to enable the aggrieved party (acting directly or through
agents contractors, or subcontractors), to perform any of the terms, provision, covenants
or conditions of this Agreement which the defaulting party shall have failed to perform,
after notice and time to cure, as aforesaid, if owing A claim of lien shall include the
following (i) the name of the claunant, (it) a statement concerning the basis for the claim
of lien, (III) the last known name and address of the Owner according to the tax records
of the Parcel against which the hen is claimed, (iv) a description of the Parcel(s) against
which the lien is claimed, (v) a description of the work performed or payment made
which has given rise to the claim of hen hereunder and a statement itemizing the amount
thereof, and (vi) a statement that the lien is claimed pursuant to the provisions of this
Agreement, reciting the date, book and page of the recordation hereof The notice shall be
duly acknowledged and shall contain a certificate that a copy thereof has been served
upon the Defaulting Owner against whom the hen is claimed, either by personal service
or by mailing (first class, certified, return receipt requested) to the Defaulting Owner, at
the address for mailing of tax statements with respect to the Parcel against which the lien
I,; claimed The lien so claimed shall attach from the date of recordation solely m the
amount claimed thereby and it may be enforced in any manner allowed by law for the
foreclosure of liens
E

(b) Stormwater Violations and Fines Barefoot and Castle acknowledge that
Barefoot as the owner of the permit for the Development Drainage Facilities and Castle
as owner of the Barefoot Property are to be the responsible parties for any erosion control
and stormwater control issues relating to the Development Drainage Area Barefoot and
Castle agree to take such actions and execute such documents as are necessary to cause
NCDENR or its successor in function, the State of North Carolina or any agency or
political subdivision thereof (jointly and severally, the "Govemment Authorities",
whether one or more) to recognize the Barefoot Property Owner (and not FCB) as the
person financially responsible for the Development Drainage Area Regardless of
whether or not any one or more of the Government Authorities recognizes the Barefoot
Property Owner as the financially responsible person for the Development Drainage
Area, Castle and Barefoot, for themselves and their successors and assigns, each and all
agree that Barefoot, Castle, and the Barefoot Property Owner shall, jointly and severally,
indemnify and hold FCB, the FCB Property Owner, and its members, managers,
employees , agents, successors and assigns, from and against any and every cost or
expense including, without limitation, court costs and reasonable attorneys' fees, resulting
from or incurred in connection with any failure of Castle, Barefoot and/or the Barefoot
Property Owner to maintain and repair the Development Drainage Area and the
Development Drainage Facilities in full compliance with all applicable laws and
regulations and including specifically, but without limitation, any fine imposed by any
one or more of the Government Authorities in connection therewith
Notwithstanding any other provision of this Agreement, in the event that Barefoot
or the Barefoot Property Owner receives a report or notice of any potential violation or
non-compliance from any one or more of the Government Authorities pertaining to the
Development Drainage Area and/or the Development Drainage Facilities, the Barefoot
Property Owner shall, promptly upon receipt, provide a copy of such report or notice to
the FCB Property Owner (which, notwithstanding the provisions of Section 17 hereof,
may be hand delivered, sent by facsimile or by e-mail, or sent by commercial courier
service) Barefoot and the Barefoot Property Owner shall be jointly and severally
responsible, at their sole cost and expense, for taking such action as is necessary to
correct the deficiency identified in the report notice prior to the date set forth therein
If Barefoot and/or the Barefoot Property Owner fail to correct such deficiency and
a notice of violation or non-compliance or a fine is issued, the FCB Property Owner may,
but shall not be obligated to, take such action and spend such sums as is necessary to cure
any violation, non-compliance and/or pay any fine assessed in connection therewith and
Barefoot and the Barefoot Property Owner, jointly and severally and within ten (10) days
after receipt of an invoice from the FCB Property Owner, pay to the FCB Property Owner
for all monies expended by the FCB Property Owner to cure such Violation and/or pay
such fine plus an amount equal to five percent (5%) of such sum for the FCB Owner
undertaking the correction of the violation, non-compliance and/or payment of the fine
Nothing herein shall be deemed to apply to, and the FCB Property Owner shall be
solely responsible for, any non-compliance, violation, or fine to the extent that same
results from FCB or the FCB Property Owner's failure to comply with applicable laws
and regulations as they relate to any modification or alteration of the Development
9

Drainage Area or the Development Drainage Facilities after the Effective Date by the
FC13 Property Owner without the express written consent of the Barefoot Property
Owner
16 Relationship of Agreement to Declaration FCB is the Declarant under the
Declaration by virtue of the Assignment Under the terms of the Declaration, the Declarant has
the authority to file amendments to the Declaration during the Declarant Control Period (as such
term is defined in the Declaration) without the consent or joinder of any other Unit Owner
Unless earlier terminated by the sale of all of the Units or another amendment to the Declaration,
the Declarant Control Period shall not expire until April 27, 2015 Each and every Unit Owner,
and their heirs, successors and assigns shall be bound by the terms of the Declaration as amended
by this Agreement By joining in the execution of this Agreement, FCB as Declarant hereby
amends the Declaration as follows
(a) Common Elements The Development Drainage Facilities and the
Development Drainage Area located on the FCB Property is and shall be a part of the
Common Elements serving each and every one of the Units
(b) Common Expenses Me FC13 Property's Pro Rata Share of the
Development Drainage Facilities Maintenance Costs shall be Common Expenses
allocated among and assessable against all of the Units and Unit Owners in accordance
with their allocated interest in and to the Common Elements as shown on Exhibit C to
the Declaration
(c) Covenant to Pay Maintenance Costs Each and every Unit Owner
covenants and agrees to pay the Common Expenses, specifically including, without
limitation, the FCB Property's Pro Rata Share of the Development Drainage Facilities
Maintenance Costs assessed against such Unit or Unit Owner Notwithstanding anything
to the contrary contained in the Declaration, each and eveiv Unit Owner shall pay its
proportionate share of the FCB Property's Pro Rata Share of the actual Development
Drainage Facilities Maintenance Costs within thirty (30) days of receipt of any invoice or
assessment from the Declarant or the Association showing the amount of the
Development Drainage Facilities Maintenance Costs allocated to or assessed against such
Unit or Unit Owner as part of the Common Expenses Failure of any Unit Owner to
make such payment in a timely manner shall be a default by such Unit Owner under the
Declaration entitling the Association or the Declarant to exercise any remedies available
to it under the terms of the Declaration or applicable law against such defaulting Unit
Owner, including, without limitation, placing a lien for non-payment of the Development
Drainage Facilities Maintenance Costs assessed against such unit as a Common Expense
on the Unit owned by the defaulting Unit Owner
The Parties understand and agree that the FCB Property is subject to a
condominium regime as more particularly described in the Declaration Under the terms
of the Declaration, all Common Expenses (including the FCB Property's Pro Rata Share
of the Development Drainage Facilities Maintenance Costs) shall be payable by the
Association, which is managed and controlled by Declarant until such time as a sufficient
number of Units are sold to permit the Unit Owners other than Declarant to elect at least
10

a 2/3 majority of the Association's board of directors Until such time, all Quarterly
Notices shall be submitted to FCB (or any successor Declarant) for payment and
collection The Declarant agrees to provide notice to the Barefoot Property Owner
Pursuant to Section 17 below of the election of 2/3 of the members of the Association's
board of directors by Unit Owners other than Declarant, including the address for notices
to the Association Upon receipt of such notice, the Barefoot Property owner shall
deliver all Quarterly Notices to the Association, and shall look solely and exclusively to
the Association for payment of any of the FCB Property's Pro Rata Share of the
Development Drainage facilities Maintenance Costs which accrued after the date of the
election of 2/3 of the members of the Association's board of directors by Unit Owners
other than Declarant, and the Association shall be deemed to be the FCB Property Owner
for purposes of this Agreement and the Association shall comply with all the FCB
Property Owner obligations set forth herein, and the Barefoot Property Owner and
NCDGNR may look solely to the Association for such compliance and need not look to
or pursue any Unit Owner
17 Notice Any notices given pursuant to this Agreement shall be in writing, and
shall be personally delivered or deposited in the United States certified mail, postage prepaid,
return receipt requested, at the following addresses
If to FCB 29 College Drive
Bluefield, VA 24605
Attn Robert Anderson
With a copy to Poyner Spruill LLP
301 Fayetteville Street, Suite 1900
Raleigh, NC 27601
Attn Chris Roede
If to Castle Castle Hayne Property, LLC
2901 Castle Hayne Rd
Castle Hayne, NC 28429
Arm Dianne Wilson
With a copy to Oliver Friesen Cheek, PLLC
405 Middle St,
New Bern, NC 28560
Ann Amy Currm
Upon the conveyance of any Parcel the notice address for the new Owner shall be provided
either (a) by providing a notice to the other Owners in compliance with the terms of this
Section, or (b) through an amendment to this Agreement Any Owner may change its notice
address by providing a notice to the other Owners in compliance with the terms of this Section
18 Private Agreement Nothing herein is intended, nor shall be construed, to create
any rights whatsoever for the benefit of the general public in and to the Property or the
improvements constructed thereon, and nothing herein shall be constituted to effect, or intend to

effect, a dedication of the Development Drainage facilities or the Development Drainage Area to
the general public
19 No Use Without Consent No property other than the FCB Property and the
Barefoot Propeity may use the Development Drainage Facilities or the Development Drainage
Area for stormwater control without the prior written consent of the Owner of the Barefoot
Property
20 No Waiver No waiver of any breach of any covenant or provision herein
contained shall be deemed a waiver of any preceding or succeeding breach thereof, or of any
other covenant or provision herein contained No extension of time for performance of any
obligation or act shall be deemed an extension of time for performance of any other obligation or
act
21 Time of Essence, Computation of Time Time is of the essence in this
Agreement in computing any period of time prescribed or allowed by this Agreement, the day of
the act or event after which the designated period of time begins to run is not to be included The
last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal
holiday under the laws of the United States or the State, in which event the period shall run until
the end of the next day which is neither a Saturday, Sunday nor a legal holiday, and the
computation of any designated period of time that is calculated from the expiration of a previous
period that ended on the next day which is neither a Saturday, Sunday nor a legal holiday shall
commence on said next day For purposes of this Agreement, the term ` business day" shall mean
any day which is not a Saturday, Sunday or legal holiday
22 Miscellaneous If any term covenant or condition of this Agreement or the
application thereof to any person or circumstance shall to any extent, be invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby and each such tern,
covenant or condition of this Agreement shall be valid and enforceable to the full extent
permitted by law This Agreement shall be construed in accordance with and governed by the
laws of the State of North Carolina This Agreement is an integrated agreement and expresses the
complete agreement and understanding of the parties, and all prior or contemporaneous oral
agreement or prior written agreement regarding the subject matter hereof shall be merged herein
and then extinguished Each party hereto represents and warrants to the other that the execution
of this Agreement and any other documents required or necessary to be executed pursuant to the
provisions hereof are valid, binding obligations and are enforceable in accordance with their
terms The instrument may be executed in multiple counterparts, each of which shall be deemed
an original but all of which, taken together, shall constitute the same instrument The Parties
hereto understand and agree that each has no fiduciary, trust, guardian, representative,
partnership, joint venturer or other similar relationship to or with the other, and no such
relationship shall be drawn or implied from this Agreement and/or the actions or inactions of the
Parties hereunder or with respect hereto or the Development Drainage Facilities
23 Effect of Amendment and Restatement This Agreement amends and restates, in
its entirety, the Original Agreement
12

IN WITNESS WHEREOF, the undersigned have caused these presents to be executed as
of the day and year First above written
FIRST COMMUNITY BANK,
a Virginia banking corporation
By L / .cam
Robert Ande d-e-
Vice President
COMMONWEALTH OF VIRGrMA
CITY/COUNTY OF aZewel
1, the undersigned, a Notary Public for the Commonwealth of Virginia, certify that Robert
M Anderson personally appeared before me this day and acknowledged that he is the Vice
President of First Community Bank, a Virginia banking corporation, and that he, as Vice
President, being duly authorized to do so, executed the foregoing on behalf of said banking
corporation for the purposes stated therein /�
J.Jt .� Prvl be ✓
Witness my hand and official stamp or seal, this the i5 day ofNuvember, 2014
Stamp or Seal]
HEATHER G GONZALEZ
Notary Public
Commonwealth of Virginia
Reg #7580052
MY commission Exps Sept 30 20tr
13
Notary Public I /
Pnnted/TypedName +{etlA-�terLT C17)n2fi�Z
My commission expires Zb I

BAREFOOT FLOORING, INC,
a North Carolina corporation
Dianne P Wilson, its President
STATE OF NORTH CAROLINA
COUN rY Or NEW HANOVER
1, the undersigned, a Notary Public for the State of North Carolina, certify that Dianne P
Wilson personally appeared before me this day and acknowledged that she is the President of
Barefoot Flooring, Inc North Carolina corporation, and that she, as President, being duly
authorized to do so, executed the foregoing on behalf of said corporation for the purposes stated
therein
<2okS
Witness my hand and official stamp or seal, this the 1 day of Derember-29i-4
[Stamp or Seal]
"Notary Public
Printed/Typed Name Is J 1M lIP-
We*J lt& My commission expires
NOT*Y FUK C
Nar imam C ". NC
WCwc gem
15

CAS rLE HAYNE PROPERI Y, LLC,
a North Carolina limited liability company
By 5,4mull�C(�
Dianne P Wilson, its Managing member
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, the undersigned, a Notary Public for the State of North Carolina, certify that Dianne P
Wilson personally appeared before me this day and acknowledged that she is the Managing
Member of Castle Hayne Property, LLC, a North Carolina limited liability company, and that
she, as Managing Member, being duly authorized to do so, executed the foregoing on behalf of
said corporation for the purposes stated therein
.ka. 2o1S`
Witness my hand and official stamp or seal, this the � day of DzGGmber— 044
[Stamp or Seal]
Lmy""MWAPI"
NN Nowa C=*. NC
Cawamm Eimra
14
Notary Public ( /
Printed/Typed Name
My commission expires

EXHIBIT "A"
Barefoot Property
Being all of Tract A as shown on that certain Subdivision Plat entitled "Barefoot Square
Subdivision of Lot 1 of MB 42/100" recorded in Map Book 55, Page 81, New Hanover County
Registry
16

F,XHIBIT "13"
(FCB Property)
A Unit Ownership in real property pursuant to Chapter 47C of the General
Statutes of the State of North Carolina in and to Units 100, 110, 120, 130, 140,
150, 160, and 170 in Barefoot Square Business Condominium as the same is
shower on a plat or plats thereof recorded in Condominium Plat Book 18 at Pages
148 to 149 of the New Hanover County Registry
Together with an undivided interest in the common areas and facilities as
described in the Declaration of Condominium of Barefoot Square Business
Condominium recorded in Book 5481 at Page 2180 of the aforesaid Registry and
any amendments thereto
fogether with and subject to those rights, privileges, covenants, conditions and
restrictions contained in the aforementioned Declaration recorded in Book 5481 at
Page 2180 of the atoresaid Registry and any amendments thereto
17

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