SW8070226_CURRENT PERMIT_20220110

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO
SW8 010 2 2 �p
DOC TYPE
$ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2 0 2 2 o t to
YYYYMMDD

ROY COOPER
Governor
ELIZABETH S BISER
NORTH CAROLINA
EnNromeenmr Quality
January 10 2022
Cypress Grove Partners LLC
Attn Thomas J Rawl Manager
2030 Eastwood Road Suite 5
Wilmington NC 28403
Subject Permit Renewal
Post Construction Stormwater Management Permit No SW8 070226
Cypress Grove Townhomes
Pender County
Dear Mr Rawl
The Division of Energy Mineral and Land Resources received a complete 8 year Permit Renewal Application for
the subject permit on December 28 2021 The Division is hereby notifying you that permit S W8070226 has been
renewed updated, and re issued on January 10 2022 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 March 16 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 therem This permit does not
impose new or increased stormwater control requirements it clartfies 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 adjudicatory 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 919431 3000 or visit their website 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@ncdem gov
Sincerely
CRt,to-i,-�
Bnan Wrenn, Director
Division of Energy Mineral and Land Resources
Enclosures Attachment B — Built Upon Area Allocation
Attachment C — Permitting History
Renewal Application Documents
DES/ams \\\Stormwater\Permits & Projects\2007\070226 HiD\2022 01 permit 070226
cc Wilmington Regional Office Stormwater File
D_E Q�� North Carolina Department of Environmental Qual ty I Dmson of En rgy Kneral and land Resourc s
Wlmington Regional Offi I 127 Cardinal Drty Est son I WRnangwm North Ca ohna 28405
nrn wwaua
9107967275

Post Construction Stormwater Management
Permit No SW8 070226
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY MINERAL AND LAND RESOURCES
POST CONSTRUCTION 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
Cypress Grove Partners LLC
Cypress Grove Townhomes
100 Pansy Lane Hampstead Pender County
FOR THE
construction operation and maintenance of one (1) wet detention pond ( stormwater control
measures or SCMs ) in compliance with the provisions of Title 15A NCAC 2H 1000 effective
January 1 2017 (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 March 16 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
This permit is effective only with respect to the management and volume of stormwater
described in the approved plans and specifications The maximum amount of built upon area
(BUA) allowed for the entire project is 297 035 square feet Of this amount 149 301 sf is
attributed to outparcel development and 147 734 sf is attributed to onsite townhome
development
The drainage area for the on site stormwater system will be limited to the amount of built upon
area indicated in this permit and the approved plans and specifications The runoff from all built
upon area within the permitted drainage area of this protect must be directed into the permitted
stormwater control measure The stormwater control measure has been designed using the
runoff treatment method to handle the runoff from 297 035 square feet of impervious area This
permit does not provide any allocation of built upon area for future development
Each of the three outparcel lots permitted to drain to this system are limited to a maximum
amount of built upon area as indicated in Attachment B of this permit and as indicated in the
approved plans and specifications
Page 1 of 5

Post Construction Stormwater Management
Permit No SW8 070226
4 Each commercial outparcel whose ownership is not retained by the permittee shall submit a
separate off site stormwater permit application to the Division and receive approval prior to
construction Prior to the discharge of stormwater runoff from any outparcel into the approved
stormwater system the permittee shall ensure that the owner of the outparcel has obtained the
separate off site stormwater management permit
5 A 50 foot wide vegetative setback must be provided and maintained adjacent to all surface
waters measured horizontally from the normal pool elevation of impounded structures from the
top of bank of each side of streams or rivers and from the mean high waterline of tidal waters
perpendicular to the shoreline in accordance with the stormwater rules and the approved plans
and specifications
6 The stormwater control measure is permitted based on the design criteria presented in the
sealed signed and dated supplement and as shown in the approved plans and specifications
This stormwater control measure must be provided and maintained at the design condition The
approved supplement is incorporated by reference into this permit
7 The peak flow from the 10 year storm event shall not cause erosion downslope of the
stormwater outlet discharge point
8 When using a wet pond for irrigation it is recommended that some water be maintained in the
permanent pool the vegetated shelf is planted with appropriate species that can handle
fluctuating conditions and human health issues are addressed
9 The SCM landscape planting plan in the approved plans shall be followed in its entirety during
construction After the plants are established the operation and maintenance agreement must
be followed
II SCHEDULE OF COMPLIANCE
1 The protect and SCM shall be constructed operated and maintained in accordance with the
conditions of this permit and the approved plans and specifications
2 The on site stormwater system shall be entirely constructed vegetated and operational prior to
the construction of any individual lot development within the drainage area per the approved
plans and specifications
3 During construction erosion shall be kept to a minimum and any eroded areas of the on site
stormwater system will be repaired immediately 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
4 All stormwater control measures stormwater collection systems vegetated conveyance
systems and/or maintenance accesses must be located in public rights of way dedicated
common areas that extend to the nearest public right of way and/or permanent recorded
easements that extend to the nearest public right of way for the purpose of inspection
operation maintenance and repair
5 The permittee shall provide and perform the operation and maintenance necessary as listed in
the signed Operation and Maintenance Agreement to assure that all components of the
permitted on site stormwater system functions at the approved 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
6 Decorative spray fountains will not be allowed in the stormwater treatment system as the
permanent pool volume is less than 30 000 cubic feet
7 The operation and maintenance agreement must be recorded with the Office of the Register of
Deeds
8 Records of maintenance activities must be kept and made available upon request to authorized
personnel of the Division The records will indicate the date activity name of person performing
the work and what actions were taken
Page 2 of 5

Post Construction Stormwater Management
Permit No SW8 070226
9 The final plats for the protect must be recorded with the Office of the Register of Deeds The
recorded plat must reference the Operation and Maintenance Agreement and must also show all
public rights of way dedicated common areas and/or permanent drainage easements to
accordance with the approved plans
10 Prior to the sale of any outparcel covered by this permit the permittee shall record the built upon
area limits as specified to Attachment B to this permit The BUA may not be traded increased
or decreased by either the individual lot owner or the permittee unless and until the permittee
notifies the Division and obtains written approval from the Division
11 The permittee shall monitor the project and each outparcel to ensure continued compliance with
the condtttons of the permit and the approved plans and specifications
12 The permittee is responsible for verifying that the proposed built upon area for the entire protect
does not exceed the maximum allowed by this permit
13 Upon completion of the protect the permittee shall determine whether or not the protect is to
compliance with the permitted plans and take the necessary following actions
a If the permittee determines that the project is in compliance with the permitted plans
then within 45 days of completion the permittee shall submit to the Division one hard
copy and one electronic copy of the following
i The completed and signed Designer s Certification provided to Attachment A
noting any deviations from the approved plans and specifications Deviations
may require approval from the Division
u A copy of the recorded maintenance agreement
ui Unless already provided a copy of the recorded deed restrictions and
protective covenants and
ry A copy of the recorded plat delineating the public rights of way dedicated
common areas and/or permanent recorded easements when applicable
b If the permittee determines that the project is not to compliance with the permitted
plans the permittee shall submit an application to modify the permit within 30 days of
completion of the protect or provide a plan of action with a timeline to bring the site
into compliance
14 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 Adding the option to use permeable pavement or #57 stone within the lots as a
permeable surface The request may require a proposed amendment to the deed
restrictions and protective covenants for the subdivision to be submitted and recorded
g 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
h Other modifications as determined by the Director
Page 3 of 5

Post Construction Stormwater Management
Permit No SW8 070226
15 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
III GENERAL CONDITIONS
1 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 protect 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
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
u A partnership limited liability corporation corporation or any other business
association that has been dissolved
ui 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
IV 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 Homeowners or Property
Owners Association subject to the requirements of NCGS 143 214 7(c2)
b 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
5 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
Page 4 of 5

Post Construction Stormwater Management
Permit No SW8 070226
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
projects 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
Permit renewed updated and reissued this the 10th day of January 2022
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
C' �LA6Zli 1 l fGXX
7nan�Diirecto
Division of Energy Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 070226
Page 5 of 5

Attachment B
Built upon Area Allocations
Master Permit No SW8 070226
Lot # from
Master Permit
Drains to
Pond #
Offsite Permit No
Date Issued
Offsite Protect Name
Allocated
BUA
Proposed
BUA
1
61 870
2
B
110213
6/17/2011
McDonald s
49 417
45 131
3
38 014
G \\Stormwater\Permits & Protects\2007\070226 HD\2018 06 master table 070226

Attachment 1 Permitting History
Cypress Grove Townhomes
Permit No SW8 070226
Approval
Date
Permit Action
BIMS
Version
Descnption of the Changes
3/16/2007
Original Approval
1 0
9/16/2010
Modification
I 1
The addition of 3 offsite parcels to dram to Bum B for treatment of their runoff
7/10/2018
Major Modification
12
To simplify permitting the permee has chosen to subject the entire site to the 2017 Rules and
forego vested rights to the previous set of rules as previously permed
Combining the previously approved two ponds in to a single pond designed under the 2017
MDC
minor site layout changes
2/18/2019
Transfer
13
Transferred from Cypress Coex LLC to Cypress Grove Partners LLC
1/102022
Renewal
20
Expires March 16 2029
Page 1 of 1

R Operation & Maintenance Agreement
Project Name
Project Location
ance recoras snaii oe Keot on
Cypress Grove Townhomes 5,,0$ 070aa
71 Pansy Lane, Hampstead, NC
inaiooina
location Any deficient BMP elements noted in the inspection will be corrected repaired or replaced immediately These
deficiencies can affect the integrity of structures safety of the public and the pollutant removal efficiency of the BMP(s)
The BMP(s) on this project include (check all that apply & c
Bioretention Cell
Quantity
Dry Detention Basin
Quantity
Grassed Swale
Quantity
Green Roof
Quantity
Infiltration Basin
Quantity
Infiltration Trench
Quantity
Level SpreaderNFS
Quantity
Permeable Pavement
Quantity
Proprietary System
Quantity
Rainwater Harvesting
Quantity
Sand Filter
Quantity
Stormwater Wetland
Quantity
Wet Detention Basin
Quantity
Disconnected Impervious Area
Present
User Defined BMP
Present
t, f7
O&M tables
Location)
Location)
Location)
Location)
Locabonl
Locabonl
Locabonl
Locabonl
Locabonl
Locabonl
Locabonl
Locabonl
Locabonl
Locabonl
Locabonl
I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed
for each BMP above and attached O&M tables I agree to notify NCDENR of any problems with the system or prior to any
changes to the system or responsible party
Responsible Party
Title & Organization
Street address
City state zip
Phone number(s)
Email
Thomas J Rawl
Manager Cypress Grove Partners LLC
2030 Eastwood Suite 5 Wilmington NC
Wilmington NC 26403
252 916-4675
Signature� /-- 7?,,, Q Date 1 z L
I D'O'gd C r/� a Notary Public for the State of UnA Oold U9A`
County of &deei do hearby certify that —Th omgs j '�?AG� 1_
personally appeared before me this Z! day of (e. CCA-61-/ rza? / and
acknowledge the due execution of the Operations and Maintenance Agreement
Witness my hand and official sealb%�
�quwwnn _
�pTA/Qr = - DEC 18 1011
t z erg!
a '�(1B011 o
,,��,,� 'Cyr°•
ST( i i My commission expires
Version 1 4 a�7rrN
5/30/2018
Page 1 of 5

rDE
C 28 2021
STORM EZ 5/30/2018
Version 1 4 O&M Manual Page 2 of 5

I Wet Detention Pond Maintenance Requirements I
The wet detention basin system is defined as the wet detention basin pretreatment Including forebays and the vegetated filter if
one is provided
Important maintenance procedures
Immediately after the wet detention basin is established the plants on the vegetated shelf and perimeter of the
basin should be watered twice weekly if needed until the plants become established (commonly six weeks)
No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to
establish the plants on the vegetated shelf
Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention
basin
If the basin must be drained for an emergency or to perform maintenance the flushing of sediment through the
emergency drain should be minimized to the maximum extent practical
Once a year a dam safety expert should inspect the embankment
After the wet detention pond is established it should be inspected once a month and within 24 hours after every storm event
greater than 10 inches (or 1 5 inches if in a Coastal County) Records of operation and maintenance should be kept in a
known set location and must be available upon request
Inspection activities shall be performed as follows Any problems that are found shall be repaired immediately
BMP element
Potential problem
How I will remediate the problem
The entire BMP
Trash/debris is present
Remove the trash/debns
The perimeter of the BMP
Areas of bare soil and/or
Regrade the soil if necessary to remove the gully and then plant a
erosive gullies have formed
ground cover and water until it is established Provide lime and a one
time fertilizer application
Vegetation is too short or too
Maintain vegetation at a height of approximately six inches
long
The inlet device
The pipe is clogged
Unclog the pipe Dispose of the sediment off site
The pipe is cracked or
Replace the pipe
otherwise damaged
Erosion is occurring in the
Regrade the swale if necessary to smooth it over and provide erosion
swale
control devices such as reinforced turf matting or nprap to avoid future
problems with erosion
Stone verge is clogged or
Remove sediment and replace with clean stone
covered in sediment (if
applicable)
The forebay
Sediment has accumulated to
Search for the source of the sediment and remedy the problem if
a depth greater than the
possible Remove the sediment and dispose of it in a location where it
original design depth for
will not cause impacts to streams or the BMP
sediment storage
Erosion has occurred
Provide additional erosion protection such as reinforced turf matting or
nprap if needed to prevent future erosion problems
Weeds are present
Remove the weeds preferably by hand If pesticide is used wipe it on
the plants rather than spraying
The vegetated shelf
Best professional practices
Prune according to best professional practices
show that pruning is needed
to maintain optimal plant
health
Plants are dead diseased or
Determine the source of the problem soils hydrology disease etc
dying
Remedy the problem and replace plants Provide a one time fertilizer
application to establish the ground cover if a soil test indicates it is
necessary
Weeds are present
Remove the weeds preferably by hand If pesticide is used wipe it on
the plants rather than sprays C EN E al
DEC 28 2021
BY
STORM EZ
Version 14
O&M Manual
5/30/2018
Page 3 of 5

Wet Detention Pond Maintenance Requirements
(Continued)
I
The main treatment area
Sediment has accumulated to
Search for the source of the sediment and remedy the problem if
a depth greater than the
possible Remove the sediment and dispose of it in a location where it
original design sediment
will not cause Impacts to streams or the BMP
storage depth
Algal growth covers over 50 A
Consult a professional to remove and control the algal growth
of the area
Cattails phragmites or other
Remove the plants by wiping them with pesticide (do not spray)
Invasive plants cover 500/ of
the basin surface
The embankment
Shrubs have started to grow
Remove shrubs Immediately
on the embankment
Evidence of muskrat or
Use traps to remove muskrats and consult a professional to remove
beaver activity is present
beavers
A tree has started to grow on
Consult a dam safety specialist to remove the tree
the embankment
An annual inspection by an
Make all needed repairs
appropriate professional
shows that the embankment
needs repair (if applicable)
The outlet device
Clogging has occurred
Clean out the outlet device Dispose of the sediment off site
The outlet device is damaged
Repair or replace the outlet device
The receiving water
Erosion or other signs of
Contact the local NC Department of Environment and Natural
damage have occurred at the
Resources Regional Office
outlet
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
DEC 2 8 2021
By
STORM EZ 5/302018
Version 14 O&M Manual Page 4 of 5

I Wet Detention Pond Design Summary I
Wet Pond Diagram
WET POND ID FOREBAY MAIN POND
Pond 1 Permanent Pool El 42 Permanent Pool El 42
Temporary Pool El 4276 Temporary Pool El 4276
Pretreatment otherPNqo
Clean Out Depth 4 Clean Out Depth 3
than forebay? Sediment Removal El 38 Sediment Removal EI 39
Has Vag Filters Bottom Elevation 37 5 Bottom Elevation 38 5
DEC ? 8 2021
BY
STORM EZ 5/302018
Version 1 4 O&M Manual Page 5 of 5

Permit Number
(to be provided by DWQ)
Drainage Area Number Ft
Wet Detention Basin Operation and Maintenance Agreement
I will keep a maintenance record on this BMP This maintenance record will be kept in a
log in a known set location Any deficient BMP elements noted in the inspection will be
corrected repaired or replaced immediately These deficiencies can affect the integrity
of structures safety of the public and the removal efficiency of the BMP
The wet detention basin system is defined as the wet detention basin
pretreatment including forebays and the vegetated filter if one is provided r�l
This system (check one) �w
H
❑ does ®does not incorporate a vegetated filter at the outlet
N
This system (check one) U j
❑ does ❑ does not incorporate pretreatment other than a forebay
Important maintenance procedures
— Immediately after the wet detention basin is established the plants on the
vegetated shelf and perimeter of the basin should be watered twice weekly if
needed until the plants become established (commonly six weeks)
— No portion of the wet detention pond should be fertilized after the first irutial
fertilization that is required to establish the plants on the vegetated shelf
— Stable groundcover should be maintained in the drainage area to reduce the
sediment load to the wet detention basin
— If the basin must be drained for an emergency or to perform maintenance the
flushing of sediment through the emergency drain should be minimized to the
maximum extent practical
— Once a year a dam safety expert should inspect the embankment
After the wet detention pond is established it should be inspected once a month and
within 24 hours after every storm event greater than 10 inches (or 15 inches if in a
Coastal County) Records of operation and maintenance should be kept in a known set
location and must be available upon request
Inspection activities shall be performed as follows Any problems that are found shall
be repaired immediately
BMP element
Potential problem
How I will rernediate the problem
The entire BMP
Trash/debris is present
Remove the trash/debris
The perimeter of the wet
Areas of bare soil and/or
Regrade the soil if necessary to
detention basin
erosive gulhes have formed
remove the gully and then plant a
ground cover and water until it is
established Provide lime and a
one time fertilizer apphcation
Vegetation is too short or too
Maintain vegetation at a height of
long
approximately six inches
Form SW401 Wet Detention Basin O&M Rev 4
Page 1 of 4

Permit Number
(to be provided by DWQ)
Drainage Area Number
BMP element
Potential problem
How I will remediate the problem
The inlet device pipe or
swale
The pipe is clogged
Unclog the pipe Dispose of the
sediment off site
The pipe is cracked or
Replace the pipe
otherwise damaged
Erosion is occurring in the
Regrade the swale if necessary to
swale
smooth it over and provide erosion
control devices such as reinforced
turf matting or nprap to avoid
future problems with erosion
The forebay
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design depth for
possible Remove the sediment and
sediment storage
dispose of it in a location where it
will not cause impacts to streams or
the BMP
Erosion has occurred
Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems
Weeds are present
Remove the weeds preferably by
hand If pesticide is used wipe it on
the plants rather than spraying
The vegetated shelf
Best professional practices
Prune according to best professional
show that pruning is needed
practices
to maintain optimal plant
health
Plants are dead diseased or
Determine the source of the
dying
problem soils hydrology disease
etc Remedy the problem and
replace plants Provide a one time
fertilizer application to establish the
ground cover if a soil test indicates
it is necessary
Weeds are present
Remove the weeds preferably by
hand If pesticide is used wipe it on
the plants rather than spraying
The main treatment area
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design sediment
possible Remove the sediment and
�D
storage depth
dispose of it in a location where it
I`
Li V Y
will not cause impacts to streams or
91010
the BMP
Algal growth covers over
Consult a professional to remove
50*/ of the area
and control the algal growth
Cattails phragmites or other
Remove the plants by wipmg them
mvasive plants cover 50 / of
with pesticide (do not spray)
the basm surface
Form SW401 Wet Detention Basin O&M Rev 4
Page 2 of 4

Permit Number
(to be provided by DWQ)
Drainage Area Number
BMP element
Potential problem
How I will remediate the problem
The embankment
Shrubs have started to grow
Remove shrubs immediately
on the embankment
Evidence of muskrat or
Use traps to remove muskrats and
beaver activity is present
consult a professional to remove
beavers
A tree has started to grow on
Consult a dam safety specialist to
the embankment
remove the tree
An annual inspection by an
Make all needed repairs
appropriate professional
shows that the embankment
needs repair if applicable)
The outlet device
Clogging has occurred
Clean out the outlet device Dispose
of the sediment off site
The outlet device is damaged
Repair or replace the outlet device
The receiving water
Erosion or other signs of
Contact the local NC Division of
damage have occurred at the
Water Quality Regional Office or
outlet
the 401 Oversight Unit at 919 733-
1786
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 3 75 feet in the main pond the
sediment shall be removed
When the permanent pool depth reads 3 75 feet in the forebay the sediment
shall be removed
BASIN DIAGRAM
(fill in the blanks)
Sediment Removal E1 40 25
Bottom Elevatio\30 0000 = 1� ft MinSediment
Storage
FOREBAY
Pool
Permanent Pool Elevation 44 00
Sediment Removal Elevation 40 25
Bottom Elevation 39 00 11 ft
MAIN POND
RECEIVED
JUN 2 9 2010
BY
Storage
Form SW401 Wet Detention Basin O&M Rev 4
Page 3 of 4

Permit Number
(to be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party
Project name CYPRESS STATION
BMP drainage area number
Pnnt name J
Title Manor oy ill -e-eik r
Addri
Phone
Signa
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
I /-✓?4 n/GEs QI-f WD i eS o Al a Notary Public for the State of
/VooeWi OVoliaa I' County of A16a i Jv✓S` do hereby certify that
personally appeared before me this
day of �JUvie 0 O and acknowledge the due execution of the
forgoing wet detention basin maintenance requirements Witness my hand and official
seal
JUN 2 9 2010
SEAL
My commission expires 1-26 Z613
Form S W401 Wet Detention Basin O&M Rev 4 Page 4 of 4

Permit Number
(to be provided by DWQ)
Drainage Area Number O
Wet Detention Basin Operation and Maintenance Agreement
I will keep a maintenance record on this BMP This maintenance record will be kept in a
log in a known set location Any deficient BMP elements noted in the inspection will be
corrected repaired or replaced immediately These deficiencies can affect the integrity
of structures safety of the public and the removal efficiency of the BMP
The wet detention basin system is defined as the wet detention basin "C;jV
pretreatment including forebays and the vegetated filter if one is provi8ed SUN 2 9 T010
This system (check one)
❑ does ® does not incorporate a vegetated filter at the outlet
This system (check one)
❑ does ® does not incorporate pretreatment other than a forebay
Important maintenance procedures
— Immediately after the wet detention basin is established the plants on the
vegetated shelf and perimeter of the basin should be watered twice weekly if
needed until the plants become established (commonly six weeks)
— No portion of the wet detention pond should be fertilized after the first initial
fertilization that is required to establish the plants on the vegetated shelf
— Stable groundcover should be maintained in the drainage area to reduce the
sediment load to the wet detention basin
— If the basin must be drained for an emergency or to perform maintenance the
flushing of sediment through the emergency dram should be minimized to the
maximum extent practical
— Once a year a dam safety expert should inspect the embankment
After the wet detention pond is established it should be inspected once a month and
within 24 hours after every storm event greater than 10 inches (or 15 inches if in a
Coastal County) Records of operation and maintenance should be kept in a known set
location and must be available upon request
Inspection activities shall be performed as follows Any problems that are found shall
be repaired immediately
BMP element
Potential problem
How I will remediate the problem
The entire BMP
Trash/debris is present
Remove the trash/debris
The perimeter of the wet
Areas of bare soil and/or
Regrade the soil if necessary to
detention basin
erosive gullies have formed
remove the gully and then plant a
ground cover and water until it is
established Provide lime and a
one time fertilizer application
Vegetation is too short or too
Maintain vegetabon at a height of
long
approximately six inches
Form SW401 Wet Detention Basin O&M Rev 4 Page 1 of 4

Permit Number
(to be provided by DWQ)
Drainage Area Number
BMP element
Potential problem
How I will remedrate the problem
The inlet device pipe or
The pipe is clogged
Unclog the pipe Dispose of the
Swale
sediment off site
The pipe is cracked or
Replace the pipe
otherwise damaged
Erosion is occurrmg in the
Regrade the Swale if necessary to
Swale
smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion
The forebay
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design depth for
possible Remove the sediment and
sediment storage
dispose of it in a location where it
will not cause impacts to streams or
the BMP
Erosion has occurred
Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems
Weeds are present
Remove the weeds preferably by
hand If pesticide is used wipe it on
the plants rather than spraying
The vegetated shelf
Best professional practices
Prune according to best professional
show that prumng is needed
practices
to mamtam optimal plant
health
Plants are dead diseased or
Determine the source of the
dying
problem soils hydrology disease
etc Remedy the problem and
replace plants Provide a one time
fertilizer application to establish the
ground cover if a soil test indicates
it is necessary
Weeds are present
Remove the weeds preferably by
hand If pesticide is used wipe it on
the plants rather than spraying
The main treatment area
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design sediment
possible Remove the sediment and
storage depth
dispose of it in a location where it
will not cause impacts to streams or
the BMP
Algal growth covers over
Consult a professional to remove
50q of the area
and control the algal growth
Cattails phragmites or other
Remove the plants by wiping them
mvasive plants cover 50% of
with pesticide (do not spray)
the basm surface
Form SW401 Wet Detention Basin O&M Rev 4 Page 2 of 4

Permit Number
(to be provided by DWQ)
Drainage Area Number
BMP element
Potential problem
How I will remediate the problem
The embankment
Shrubs have started to grow
Remove shrubs immediately
on the embankment
Evidence of muskrat or
Use traps to remove muskrats and
beaver activity is present
consult a professional to remove
beavers
A tree has started to grow on
Consult a dam safety specialist to
the embankment
remove the tree
An annual inspection by an
Make all needed repairs
appropriate professional
shows that the embankment
needs repair if applicable)
The outlet device
Cloggmg has occurred
Clean out the outlet device Dispose
of the sediment off site
The outlet device is damaged
Repair or replace the outlet device
The receiving water
Erosion or other signs of
Contact the local NC Division of
damage have occurred at the
Water Quality Regional Office or
outlet
the 401 Oversight Unit at 919 733
1786
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 5 0 feet in the main
shall be removed
When the permanent pool depth reads 5 0 feet in the forebay
shall be removed
BASIN DIAGRAM
(fill in the blanks)
Sediment Removal EX 39 00 1 Pefmianen( Pool
Bottom
iftMm
Sediment
Storage
Permanent Pool Elevation 44 00
Sediment Removal Elevation 39 00
Bottom Elevation 38 00 61 ft
Storage
FOREBAY
MAIN POND
Form SW401 Wet Detention Basin O&M Rev 4 Page 3 of 4

Permit Number
(to be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party
Project name CYPRESS STATION
BMP drainage area number
Print name -d U'r l a,n 1/1
Title d16e4 1m' / A�c—
Address 70314 (�A&gk&V PC- &c t4 h la,42: A) L Z
Phon
Signe
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
I _�-�At/CES a II''- allotary Public for the State of
�, Noo ef),Q ko,+ County of NEW 41 t4c0Ex- do hereby certify that
1L...j A � o�n4- -�o m A of personally appeared before me this %
day of �0 ►9 v 2010 and acknowledge the due execution of the
forgoing wet detention basin maintenance requirements Witness my hand and official
seal
JUN 2 9 2010
SEAL
My commission expires / ,A9 go / 3
Form SW401 Wet Detention Basin O&M Rev 4 Page 4 of 4

PermrtNumber �2
(to be provided by DWQ)
Drainage Area Number At
Filter Strip, Restored Riparian Buffer and Level Spreader
Operation and Maintenance Agreement
I will keep a maintenance record on this BMP This maintenance record will be kept in a
log in a known set location Any deficient BMP elements noted in the inspection will be
corrected repaired or replaced immediately These deficiencies can affect the integrity
of structures safety of the public and the removal efficiency of the BMP
Important maintenance procedures
— Immediately after the filter strip is established any newly planted vegetation
will be watered twice weekly if needed until the plants become established
(commonly six weeks)
— Once a year the filter strip will be reseeded to maintain a dense growth of
vegetation
— Stable groundcover will be maintained in the drainage area to reduce the
sediment load to the vegetation
— Two to three tunes a year grass filter strips will be mowed and the clippings
harvested to promote the growth of thick vegetation with optimum pollutant
removal efficiency Turf grass should not be cut shorter than 3 to 5 inches and
may be allowed to grow as tall as 12 inches depending on aesthetic requirements
(NIPC 1993) Forested filter strips do not require this type of maintenance
— Once a year the soil will be aerated if necessary
— Once a year soil pH will be tested and hme will be added if necessary
After the filter strip is established it will be inspected quarterly and within 24 hours
after every storm event greater than 10 inch (or 15 inches if in a Coastal County)
Records of operation and maintenance will be kept in a known set location and will be
available upon request
Inspection activities shall be performed as follows Any problems that are found shall
be repaired immediately
BMP element
Potential problem
How I will remediate the problem
The entire filter strip
Trash/debris is present
Remove the trash/debris
system
The flow splitter device
The flow sphtter device is
Unclog the conveyance and dispose
(if applicable)
clogged
of any sediment off site
The flow splitter device is
Make any necessary repairs or
damaged
replace if damage is too large for
repair
RECET7
,JUN 9 �010JD
BY
Form SWU401 Level Spreader Filter Strip Restored Riparian Buffer O&M Rev 3 Page 1 of 3

BMP element-
Potential problem
How I will remediate the problem
The swale and the level
The swale is clogged with
Remove the sediment and dispose
lip
sediment
of it off site
The level lip is cracked
Repair or replace hp
settled undercut eroded or
otherwise damaged
There is erosion around the
Regrade the soil to create a berm
end of the level spreader that
that is higher than the level hp and
shows stormwater has
then plant a ground cover and
bypassed it
water until it is established Provide
time and a one time fertilizer
application
Trees or shrubs have begun
Remove them
to grow on the swale or lust
downslo a of the level lip
The bypass channel
Areas of bare soil and/or
Regrade the soil if necessary to
erosive gullies have formed
remove the gully and then
reestablish proper erosion control
Turf reinforcement is
Study the site to see if a larger
damaged or ripap is rollmg
bypass channel is needed (enlarge if
downhill
necessary) After this reestablish
the erosion control material
The filter strip
Grass is too short or too long
Maintain grass at a height of
if applicable)
approximately three to six inches
Areas of bare soil and/or
Regrade the soil if necessary to
erosive gullies have formed
remove the gully and then plant a
ground cover and water until it is
established Provide lime and a
one time fertilizer apphcation
Sediment is building up on
Remove the sediment and
the filter strip
restabilize the soil with vegetation if
necessary Provide lime and a one-
time fertilizer application
Plants are desiccated
Provide additional irrigation and
fertilizer as needed
Plants are dead diseased or
Determine the source of the
dying
problem sods hydrology disease
etc Remedy the problem and
replace plants Provide a one time
ferbhzer application
Nuisance vegetation is
Remove vegetation by hand if
choking out desirable species
possible If pesticide is used do not
allow it to get into the receiving
water
The receiving water
Erosion or other signs of
Contact the NC Division of Water
damage have occurred at the
Quality local Regional Office or the
outlet
1 401 Oversight Unit at 919 733-1786
RECEIVED
JUN 2 9 2010
Form SWU401 Level Spreader Filter Strip Resto ` , v 3 Page 2 of 3

Permit Number
(to be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party
Project name CYPRESS STATION
BMP drainage area number
Print name Wright Holman for Cypress Coex, LLC
Title Manaeme Member
Address 7036 Wnghtsville Ave Suite 101 Wilmington NC 28403
Phon
Sign
Date
Note
The legally responsible party should not be a homeowners association unless more than 501 of
the lots have been sold and a resident of the subdivision has been named the president
iwor-4es ev) a Notary Public for the State of
County of 1VF- J 4-IAAtW &4 do hereby certify that APE
�I/h1Ad personally appeared before me this 7
day of �J� vle / o and acknowledge the due execution of the
forgoing filter strip riparianbuffer and/or level spreader maintenance requirements
Witness my hand and official seal
JoA 2 % 2p\0
SEAL
My commission expires / .,& ?d /-*3
Form SWU401 Level Spreader Filter Strip Restored Riparian Buffer O&M Rev 3 Page 3 of 3

Permit Number
(to be provided by DWQf
Drainage Area Number 2
Filter Strip, Restored Riparian Buffer and Level Spreader
Operation and Maintenance Agreement
I will keep a maintenance record on thus BMP This maintenance record will be kept in a
log in a known set location Any deficient BMP elements noted in the inspection will be
corrected repaired or replaced immediately These deficiencies can affect the integrity
of structures safety of the public and the removal efficiency of the BMP
Important maintenance procedures
— Immediately after the filter strip is established any newly planted vegetation
will be watered twice weekly if needed until the plants become established
(commonly six weeks)
— Once a year the filter strip will be reseeded to maintain a dense growth of
vegetation
— Stable groundcover will be maintained in the drainage area to reduce the
sediment load to the vegetation
— Two to three tunes a year grass filter strips will be mowed and the clippings
harvested to promote the growth of tluck vegetation with optimum pollutant
removal efficiency Turf grass should not be cut shorter than 3 to 5 inches and
may be allowed to grow as tall as 12 inches depending on aesthetic requirements
(NIPC 1993) Forested filter strips do not require this type of maintenance
— Once a year the soil will be aerated if necessary
— Once a year soil pH will be tested and lime will be added if necessary
After the filter strip is established it will be inspected quarterly and within 24 hours
after every storm event greater than 10 inch (or 15 inches if in a Coastal County)
Records of operation and maintenance will be kept in a known set location and will be
available upon request
Inspection activities shall be performed as follows Any problems that are found shall
be repaired immediately
BMP element
Potential problem
How I will remediate the problem
The entire filter strip
Trash/debris is present
Remove the trash/debris
system
The flow splitter device
The flow sphtter device is
Unclog the conveyance and dispose
(if applicable)
clogged
of any sediment off site
The flow sphtter device is
Make any necessary repairs or
damaged
replace if damage is too large for
repair
RECEIVED
LJUN 2 92010_-----
Form SWU401 Level Spreader Filter Strip Restored Riparian Buffer O&M Rev 3 Page 1 of 3

BMP element
Potential problem
How I will remediate the problem
The swale and the level
The swale is clogged with
Remove the sediment and dispose
lip
sediment
of it off site
The level hp is cracked
Repair or replace lip
settled undercut eroded or
otherwise damaged
There is erosion around the
Regrade the soil to create a berm
end of the level spreader that
that is higher than the level lip and
shows stormwater has
then plant a ground cover and
bypassed it
water until it is established Provide
lime and a one-time fertilizer
apphcat3on
Trees or shrubs have begun
Remove them
to grow on the swale or lust
downslo a of the level lip
The bypass channel
Areas of bare soil and/or
Regrade the soil if necessary to
erosive gullies have formed
remove the gully and then
reestablish proper erosion control
Turf reinforcement is
Study the site to see if a larger
damaged or ripap is rolling
bypass channel is needed (enlarge if
downhill
necessary) After this reestablish
the erosion control material
The filter strip
Grass is too short or too long
Maintain grass at a height of
if applicable)
approximately three to six inches
Areas of bare soil and/or
Regrade the soil if necessary to
erosive gullies have formed
remove the gully and then plant a
ground cover and water until it is
established Provide lime and a
one-time ferhlizer application
Sediment is building up on
Remove the sediment and
the filter strip
restabilize the soil with vegetation if
necessary Provide lime and a one
time fertilizer application
Plants are desiccated
Provide additional irrigation and
fertilizer as needed
Plants are dead diseased or
Determme the source of the
dying
problem soils hydrology disease
etc Remedy the problem and
replace plants Provide a one-time
fertilizer application
Nuisance vegetation is
Remove vegetation by hand if
choking out desirable species
possible If pesticide is used do not
allow it to get into the receiving
water
The receiving water
Erosion or other signs of
Contact the NC Division of Water
damage have occurred at the
Quality local Regional Office or the
outlet
1 401 Oversight Unit at 919 733 1786
t
JUN 2 9 2010
�ov
Form SWU401 Level Spreader Filter Strip RestoredRip ffer O M Rev 3 Page 2 of 3

Permit Number
(to be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party
Project name CYPRESS STATION
BMP drainage area number
Print name Wright Holman for Cypress Coex LLC
Title ManagingMember
Address 7036 Wnghtsville Ave Suite 101 Wilmington NC 28403
Phon
SignE
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
I _ I t tn�s � A VDIS t iJ a Notary Public for the State of
NOIZ t/(KK0111.m County of AlkJ 94AIO✓SL-- do hereby certify that
O INgrl personally appeared before me this-7-4-
day of %oi o and acknowledge the due execution of the
forgoing filter strip riparian buffer and/or level spreader maintenance requirements
Witness my hand and official seal
RECEIVED
JUN 2 9 2010
BY
SEAL
My commission expires 2 - 7(i / 3
Form SWU401 Level Spreader Filter Strip Restored Riparian Buffer O&M Rev 3 Page 3 of 3

DEMLR USE ONLY
Date R rve
Fee NOPermit
Number
� a� a
i l
�i�
ems—
sw8 0 oaa-tQ
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 SW8 070226
2 Project name Cypress Grove Townhomes
3 Project street address 100 Pansy Lane
City Hampstead County Pender ZIP
28443
4 What if any changes have been made to the project as permitted? None, requesting renewal
If the project has changed from the ongmal approved plans please complete SWU 101 for a Major
Modification or Minor Modification Application form available at httt s //deg 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 //deg nc gov/about/divisions/energy mineral land
Stormwater Permits do not
automatically transfer with the sale of the property
1 Current Permit Holders Company Name/Organization Cypress Grove Partners, LLC
2 Signing Officials Name ThomasJ Rawl
3 Signing Officials Title Manager
4 Mailing Address 2030 Eastwood Road Suite gab S
City Wilmington State NC ZIP
28403
5 Street Address
City
6 Phone [phone])
Email tirawl87(rDgmail com
ZIP
ECE VE
DEC 2 g 2 n 10
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 HQ W/ORIM 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 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
rb 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
_✓ 3 One hard copy and one electronic copy of recorded documents required by the original permit that
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
4 O&M Agreements Please select one
[� I have a copy of the current recorded O&M 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
El 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 project has not yet been built
✓ 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 govlonline services/search/by title/ Business Registration
ELV=0 V -
DEC 18 1011
SY
Stormwater Permit Renewal Application Form Page 2 of 3 May 11 2018

D PERMITTEE S CERTIFICATION
I I— u , 4a J _ I�q 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
project SCMs or ownership All information provided on this permit renewal application is to the best of my
knowledge correct and complete
Signature —� ? Date —LL4- 1 Z.
NOTARIZATION
V, d
a Notary Public for the State of
f-3 o r-WW [hard ( rlw County of NEW H,0 0c7 ✓' 4C do hereby certify
that -Th/) (nGiS T Ka L. personally appeared before me
this the oZ 1 54- day of ^Q p G,Pn, b-P r 20A ( and acknowledge the due
execution of the forgoing instrument Witness my hand and official seal
By C?8?0?1
Stormwater Permit Renewal Application Form Page 3 of 3 May 11 2018

Permit No 5WBNOVL(o
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWO Stormwater Management Plan Review
A complete stormwater management plan submittal includes an application form a wet detention basin
supplement for each basin design calculations and plans and specifications showing all basin and outlet
structure details
I PROJECT INFORMATION
Project Name It✓PlvEst 60oyE 7o6A.;' v�WE,5
Contact Person Jimmy 664//D67-0/il Phone Number (4/0) 2-2? - `1367
For projects with multiple basins specify which basin this worksheet applies to 14
elevations
Basin Bottom Elevation 0900 It (floor of the basin)
Permanent Pool Elevation 00 ft (elevation of the orifice)
Temporary Pool Elevation ft (elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area sq ft (water surface area at the orifice elevation)
Drainage Area 2 8ff ac (on site and off site drainage to the basin)
Impervious Area GO ac (on site and off site drainage to the basin)
volumes
Permanent Pool Volume .�, 002 cu ft (combined volume of main basin and forebay)
Temporary Pool Volume Z21y J/6-Y cu ft (volume detained above the permanent pool)
Forebay Volume /%%3.2 cu ft (approximately 20% of total volume)
Other parameters
SA/DAI
Diameter of Orifice
Design Rainfall
Design TSS Removal 2
(surface area to drainage area ratio from DWQ table)
(2 to 5 day temporary pool draw down required)
(minimum 85% required)
Form SWU 102 Rev 3 99 Page I of 4

Footnotes
When using the Division SA/DA tables the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious / and permanent pool depth Linear interpolation should be employed to determine the correct value for non
standard table entries
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 BMP manual provides design tables for both 85/ TSS removal and 90/ TSS removal
II 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
Initials
a The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet)
b The forebay volume is approximately equal to 20% of the 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)
The basin length to width ratio is greater than 3 1
The basin side slopes above the permanent pool are no steeper than 3 1
A submerged and vegetated perimeter shelf with a slope of 6 1 or less (show detail)
Vegetative cover above the permanent pool elevation is specified
A trash rack or similar device is provided for both the overflow and orifice
A recorded drainage easement is provided for each basin including access to nearest nght
of way
If the basin is used for sediment and erosion control during construction clean out of the
basin is specified prior to use as a wet detention basin
A mechanism is specified which will dram the basin for maintenance or an emergency
III 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) 0 does 0 does not incorporate a vegetated filter at the outlet
This system (check one) 0 does 0 does not incorporate pretreatment other than a forebay
Form S WU 102 Rev 3 99 Page 2 of 4

Maintenance activities shall be performed as follows
1 After every significant runoff producing rainfall event and at least monthly
a Inspect the wet detention basin system for sediment accumulation erosion trash accumulation
vegetated cover and general condition
b Check and clear the onfice 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 nprap 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 be handled in a manner that will not adversely impact water quality (i e
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 _/� feet in the main pond the sediment shall be removed
When the permanent pool depth reads _ I�`1 feet in the forebay the sediment shall be removed
BASIN DIAGRAM
(fill in the blankv)
Permanent Pool Elevation q 4 00
Sediment Re 7ation
�U,/:J 75
Sediment Removal Elevation l D Z.5 L25
Bottom ElBottom
Elevation 39 00
FOREBAY MAIN POND
5 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
6 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 practical
Form SWU 102 Rev 3 99 Page 3 of 4

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 I agree to notify D WQ of any problems with the system or pnor to any
changes to the system or responsible party
Print name _ J I rYt Al v E 1 11
Title OW A e i2 / M IFA4 BB2 kkA--LA C6Q
Addr
Phon
Signt
Date
3
Note The legally responsible parry 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
I \ V IA u"C)�L l �ULo a Notary P blic for the State of Y ipd k O(,I,VflUot,,.
County of 4 v\&Lr- do hereby certify that k 12 iAcd on
personally a before me this
p y eared pp � a day of u V1- 21)VI and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements Witness my hand and official seal
LPEN
LINDA S ALLEN
TARY PUBLIC
DER COUNTY NC
SEAL
My commission expires OM : , a010
S alQ.l�—
Form SWU 102 Rev 3 99 Page 4 of 4

Permit No �/; 2 C 75,,14 r
no be pmv ded by DWQf
pp W ATFq
'T O
t �2 G
y
NCDENR
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form must be filled out printed and submitted
The Required Items Checklist (Part III) must be printed filled out and submitted along with all of the required mfomiabon
I PROJECT INFORMATION
Protect name CYPRESS STATION
Contact person Michael Tackett
Phone number 910-602 3900
Dale 602010
Drainage area number 2 (POND B)
II DESIGN INFORMATION
Sde Characteristics
Drainage area 336241 ft"
Impervious area postdevelopment 208 346 ftz
/h impervious
Design rainfall depth
Storage Volume Non SA Waters
Minimum volume required
Volume provided
Storage Volume SA Waters
15 runoff volume
Pm -development 1 yr 24 hr runoff
Post -development 1 yr 24-hr runoff
Minimum volume required
Volume provided
Peak Flow Calculations
Is the pre/post control of the iyr 24hr storm peak flow required?
1 yr 24-hr minfall depth
Rational C pre -development
Rational C post -development
Rainfall intensity 1 yr 24 hr storm
Pre -development 1 yr 24-hr peak flow
Post -development 1 yr 24 hr peak flow
Pre/Post 1 yr 24 hr peak flow control
Elevabons
Temporary pool elevation
Permanent pool elevation
SH WT elevation (approx at the perm pool elevation)
Top of 10ft vegetated shelf elevation
Bottom of 1 Oft vegetated shelf elevation
Sediment deanout top elevation (bottom of pond)
Sediment deanout bottom elevation
Sediment storage provided
Is then; additional volume stored above the stale -required temp pool?
Elevation of the top of the additional volume
6196 /h
15 in
25541 ft
30 881 it'
ft'
fl'
ft'
tt'
fl'
Y (Y or N)
OK
OK volume provided is equal to or in excess of volume required
38 in
020 (unNess)
056 (unriess)
0181n1hr OK
1424 ft'Isec
3132 ft'Isec
17 08 fl'Isec
45 67 fmsl
4400 fmsl
fmsl
4450 fmsl
4350 fmsl
3900 first
3800 fmsl
100 It
N (Y or N)
fmsl
JUN 2 9 2010
Data not needed for calculation option #1 but OK it provided
Data not needed for calculation option #1 but OK d pmwded
F mi SW401 W t D t 6 B o-R 8-9/17109 P as I a 11 D g S mm ry P g 1 of 2

Permit No
(to be pro ded by DWQ)
II DESIGN INFORMATION
Surface Areas
Area temporary pool
20 302 fl
Area REQUIRED permanent pool
14 929 ftv
SAIDA ratio
444 (umdess)
Area PROVIDED permanent pool Ap,,
15 306 ft
OK
Area bottom of 1 Oft vegetated shelf A, ,
12 590 ft
Area sediment deanout top elevation (bottom of pond) Aya.�
6 146 ft
Volumes
Volume temporary pool
30881 ft3
OK
Volume permanent pool Vr _,,
48657 ft3
Volume forebay (sum of forebays itmom than one forebay)
10465 ft3
Forebay % of permanent pool volume
21 5% %
OK
SAIDA Table Data
Design TSS removal
90 h
Coastal SAIDA Table Used?
Y (Y or N)
Mountain/Piedmont SAIDA Table Used?
N (Y or N)
SAIDA ratio
444 (unitless)
Average depth (used In SAIDA table)
Calculation option 1 used? (See Figure 10 2b)
Y (Y or N)
Volume permanent pool Vr
48 657 ft3
_p,
Area provided permanent pool Ar,, _,d
15 306 ft2
Average depth calculated
318 ft
OK
Average depth used in SAIDA d. (Round to nearest 0 5ft)
30 If
OK
Calculation option 2 used? (See Figure 10-2b)
N (Y or N)
Area provided permanent pool A, , um
15 306 ft
Area bottom of 1 Oft vegetated shelf A..,
12 590 ft
Area sediment cleanoul top elevation (bottom of pond) Away
6146 ft
Depth (distance bhv bottom of 10ft shelf and top of sediment)
450 ft
Average depth calculated
ft
Average depth used in SAIDA dr (Round to nearest 0 5ft)
ft
Drawdown Calculations
Drawdown through onfice?
Diameter of orrice (if circular)
Area of onfice (if non -circular)
Coefficient of discharge (CD)
Driving head (H )
Drawdown through wen9
Weir type
Coefficient of discharge (C )
Length of weir (L)
Dnving head (H)
Pre -development 1 yr 24 hr peak flow
Post -development 1 yr 24 hr peak flow
Storage volume discharge rate (through discharge onfice or weir)
Storage volume drawdown hme
Addmonal Information
Vegetated side slopes
Vegetated shelf slope
Vegetated shelf width
Length of flowpath to width ratio
Length to width mho
Trash rack for overflow & orifice?
Freeboard provided
Vegetated filter provided?
Recorded drainage easement provided?
Capures all runoff at ultimate buildauty
Dram mechanism for maintenance or emergencies a
Y (Y or N)
2 00 in
in
0 60 (unrdess)
056ft
N (Y or N)
(unldess)
(unitless)
ft
ft
1424 RI/sec
3132 ft3/sec
007 ft3/sac
377 days
RECEIVED
JUN 2 9 2010
BY
OK draws down in 2 5 days
OK
OK
OK
OK
OK
OK
OK
N (Y or N) OK
Y (Y or N) OK
Y (Y or N) OK
4 EMERGENCY DRAIN WITH GATE VALVE INVERT AT42 00
3 1
10 1
100ft
31
27 1
Y (Y or N)
10 ft
F ro SW401 W t D t bon B o-R 8-9117M P ds I& 11 De g S mmary P g 2 f 2

4
Permit No
(to be provided by DWQ)
III REQUIRED ITEMS CHECKLIST
Please indicate the page or plan sheet numbers where the supporting documentation can be found An incomplete submittal package will
result in a request for additional information This will delay final review and approval of the project Initial in the space provided to
indicate the following design requirements have been met If the applicant has designated an agent the agent may initial below If a
requirement has not been met attach justification
Pagel Plan
Initials
Sheet No
Nfg
Cuk Sr i mt0
1 Plans (1 50 or larger) of the entire site showing
Design at ultimate build -out
Off site drainage (if applicable)
Delineated drainage basins (include Rational C coefficient per basin)
Basin dimensions
Pretreatment system
High flow bypass system
Maintenance access
Proposed drainage easement and public right of way (ROW!)
Overflow device and
Boundaries of drainage easement
7717"
SwM .S
2 Partial plan (1 = 30 or larger) and details for the wet detention basin showing
Outlet structure with trash rack or similar
Maintenance access
Permanent pool dimensionsForebay
and main pond with hardened emergency spillwayBasin
cross section 2 9 2010
7LJUN
Vegetation specification for planhng shelf and
Filter strip
i�w
ra
3 Sechon view of the wet detention basin (1 20 or larger) showing-�
Side slopes 31 or lower
Pretreatment and treatment areas and
Inlet and outlet structures
5wr4 g
4 If the basin is used for sediment and erosion control during construction clean out of the basin is specified
on the plans prior to use as a wet detention basin
,V
aP&A-)
5 A table of elevations areas incremental volumes & accumulated volumes for overall pond and for forebay
to verify volume provided
Intl'
A-ro
6 A construction sequence that shows how the wet detention basin will be protected from sediment until the
entire drainage area is stabilized
07 W
AAJ./
7 The supporting calculations
pn//Agaij
8 A copy of the signed and notarized operation and maintenance (0&M) agreement
(>i
'' II
ok4d
9 A copy of the deed restrictions (d required)
10 A soils report that is based upon an actual field Investigation soil bonngs and infiltration tests County
soil maps are not an acceptable source of soils information
Form SW401 Wet Detention Basin
Rev 8 9/17109 Part III Required Items Checklist Page 1 of 1

State Stormwater Management
Permit No SW8 070226
AS BUILT PERMITTEE CFRTITICAI ION
I hereby state that I am the current permittee for the project named above and I certify by my signature below
that the project meets the below listed Final Submittal Requirements found in NCAC 0211 1042(4) and the
terms conditions and provisions listed in the permit documents plans and specifications on file with or provided
to the Division Vf 01".5
8 Check here if this is a partial certification Section/phase/SCM 99 � +
Check here if this is part of a Fast I rack As built Package Submittal
Printed Name vzck , r�_I,94,tw Signature
I 1... n 4 oryL a notary I ublic in the State of
County of _i 1 ? l t9 i iGr ✓�d t Parr t= do hereby certify that kj2(q S �u Q _
personally appeared before me this 1. day of ,�.eR}-�,��jP (-' 2019
and acknowledge the due execution orthis as built certification `sq(14trlh
�``ssssydyo
Witness my hand and official seal �.` �' 10
a=
_ = oo ienouoH N,eN
NunotlQad No1oN
My comth s�sion expires
Permittee s Certification NCAC 1042(4) ''ii12/p
v- a /
I N/A
A DEED RESTRICTIONS / BUA RECORDS i
1 The dced restrictions and protecttvc, covenants have been recorded and
Y or N
contain the necessary language to ensure that the project is maintained
consistent with the stormwater regulations and with the permit conditions
2 A copy of the recorded deed restrictions and protective covenants has been
Y or N
provided to the Division
_
3 Records which track the 13UA on each lot are being kept (Sec Note 1)
Y or N
B MAINTENANCE ACCESS
1 I he SCMs are accessible for inspection maintenance and repair
Y or N
2 the access is a minimum of 10 feet wide
Y or N
3 The access extends to the nearest public right of way
Y or N
C EASEMENTS
1 fhe SCMs and the components of the runoff collection / conveyance system
I y or N
inm are located recorded drainage casements
2 A copy of the recorded plat(s) is provided
Y or N
D SINGLE FAMILY RESIDENTIAI LOTS Plats for residential lots that
Y or N
have an SCM include the following
I The specific location of the SCM on the lot
Y or_N_
Y or N
_
2 A typical detail for the SCM
3 A note that the SCM is required to meet stormwater regulations and that the
lot owner is subject to enforcement action as set forth in NCCS 143 Article
Y or N
21 if the SCM is removed relocated or altered without prior approval
E OPERATION AND MAINTENANCE AGREEMENT
Y or N
I Fite O&M Agreement is referenced on thc, final recorded plat
Y or N
2 I he O&M Agreement is recorded with the Register of Deeds and appears in
Y or Ni
the chain of title
F OPERATION AND MAINTENANCE PI AN — maintenance records are
Y or N
being kept in a known set location for each SCM and are available for review
G DESIGNER S CERTIFICAI ION FORM— has been provided to the
Y or N
f Division
Notel Acceptable records include ARC approvals as built surveys
Page 1 of 6
G �,o-�
and county tax records r
V E1 N E
5:? 2 d LA
BY _

State Stormwater Management
Permit No SWS 070226
Provide an explanation for every requirement that was not met and for every N/A below Attach
additional sheets as needed
Page 2 of 6

Sta e S ormwater Management
Permit No SWd 07012E
AS BLTI I DESK NER C CERCIFICAno-, FOR VAFrDETENIIO\ 1 ON 1) 1ROJECf
I huub) tat that I am a liven ed I,iOf. Si0iiil and I ceriifi bt mt signature and seal below that I hate observed
the constru tion of the piclect named abote to iht best of m1 ihihties with all due c ire and dihLence and that
the pndeet meets all of the \iDC lonnd of ACAC 02H 105 in accoiclance with the permit docutnents plans
and specifications on file t on or pro.i icd to the Ditimon except as noted on the %S BUILT drawings such
that the intent ofthe storniwater rule and the g n-riI stvut� his been preserved
n Check hot if this i a i aruil ccnifc tuon Section/phase/SCM r7
I� Check here if this is pan of a Fa t 1 r ick As Ruili Pi, kat_- Submittal per 1004( i
J Che k here it the Dc tgnci di-i not obsen e th construction but is r,nt m5 th prule�t
LJ Chr I, h-re if pictur s of the S�Ci1 arc prof tiled
n
PintedA u �CL-��( t� L.2deG�✓'e�? Stgnamre
\C Re„ist an xi \umbuiZ5—Y? L Date
-------------
gEA1_ tAC
t't h
Cn I
.�/ r�Aiyt
C
i-omultant Mailing Addre s
City 4tite 711 S�IZr [.,� [ i Y� i``�C ZGi GE '?�
Phone \umber I�G 4
Consultant Email address
<aL-(
C �Irc le \ if the a I uilt t flue httsrs frnnl The Plan/pennn If N is c ircled i ro%i le an explanation on p'soe
C'N L = n x ct ilu ited (pro id cxpl in itic it an page 2 1 ON A = not ippl is it le to this project of SCNI
1 his Cer ifi,anUi must he aantpleted ui conjun non wnh the (,eneial NID(, certifi aton under i\CA( 02H 10)0
Consultant s Certification (NIDC 105)
)As built
©N/E (N/A i
A Forehat/De the/Imintam
1 The atailabie Sediment s oia.e is consistent tsith the approved
Ian ind is i mmm
iniuof 6 of
I or
qq
2 \A amen Dots otei the forebiti berm into the main 1mxd occur at i
�cr
noneiosttt,\tllcitt
I tic Inotidcit I ucbat A ohmfe is I / .A°i of the main pool �—
tolmne ,r \
rAC-:—tUA&-1
The Forebat ontr irwt, elet anon is deeper than the emt elet atinn
into the fond Cr N
The A.erar6e Design Depth of the mini pond below the
r„
ermanent pool eletancn t Lon,istent tt ith the perinitied t alit e^
l3i or \
6 Fountain dceunitntatfon is provided
or N
_
B Side slopes / Banks / Vegetated Shelf
1 The w idth of the. Vegetated Shelf is consistent w nh the approt ed
plans and is i minimum if 6 feet
lY or \
2 The slot e of the V�get tied Shelf t onst tent w nli the apprnyed
N
plans and is no stee ter than ( I
or
C As built Main Pool / Areas / Volumes / Ele%anons
I The perm anent pool surface area prof ideo i> consi tent with the
emitted t ilue
I
2 1 he Tempf ran Pool \ ohnne piotided is consistent with the
/
enndttd talue
l% or N
The p rmancni po,fl eletatwn is consistent ttuh the piminted
talue
j or N
l)
4 1 he n,mpur fit pool cl�. mon i ion istent with the permrttcd
t flue
l or
Pace 5 of 6

State Stormwater Manaceme t
Permit No SW8 070226
t@As built (ME
©N/A
LC STORMWATER OUTLETS —the, outlet handles the pe ll, floN
or N
__ from the 10_N ear storm with no downslope erosion
D VARIATIONS
1 A \?nation �alternah\e) Irom the surm\+ater rule pro�ioions
I
Y or \
has bt .n implemented
The \arm a on pro\ ides equal or bener tcinmatei control and
1 or \
?C
e uel or better i otection of Sur face waters
E COMPLIANCE \i 1TH OTHER REGULAI ORY
or \
PROGRAMS has been mct
F SIZING the \olume of the qCM takes the runoh Irons all
surfaces into account and is Sufficient to handle the required storm
<9 or N
depth
I
G CONTAMINATED SOILS — infiltrating SCNI s arc not located
Y or N
n
in or on areas Nith contaminated oils
I
H SIDE SLOPES
1 Vegeincd side slopes are no steeper than ,H 1A
Vol A
2 Side dopes mcludc r�tvnmg wills galtou Nalls or other
I } or
_
surface that are steeper than j 1-1 I A
Vegetated side slcpes are steeper than H I V (prov ide
) of N
Supporting documents for soils and vegetation)
I EROSION PROTECTION
1 I he inlets do not cause \ru ion in the SC\1 or 1\
The outlet does not cart e erosion d-wnslope Jthe di charge 09 or N
point during the peak floN trom the 10 vear storm
J EXCESS FI OWS — An o\erflow / b) pas his been proN ided or N
K DEWATERIN(, — A method to draNdown standing water has Vor N
1
been provided to facilitate maintenance and inspection
L CLEANOLI AFTER CONSTRUCTION — the SC\4 has been + or N
cleaned out and con\ erted to its approved des\ n state I
M MAINTENANCE ACCESS
i the 4C\l is icce Bible for ni mntenan e and repair or \
Me access doe not include latent or Incline Icpes I or \
N DESIGNER QLALIFIC 1TIONS (F 1ST TRACK PFRMIT) —
The designer is licensed under Chapters 89A 89C 89E or 89F of Y or N
the General Ctatutes I
Provide an explanation for every MDC that was not met and for every item marked N/A or N/E
below Attach additional pages as needed
� A'alf,\C*60
Paqe 4 of 6

AS BUILT DESIGNER S CERTIFICATION FOR WET POND PROJECT
S W 8 070226
EXPLANATION FOR ITEMS MARKED NA
A 6 There are no fountains proposed for this SCM
D 12 There are no variations for this project
G There are no contaminated soils on this project
H 3 Side slopes do not exceed 3 1
N This was not a fast track permit (Designer is a NC Registered PE)

Slate Stormwater Management
Permit No SW8 070226
AS BILILTDFSICNT'R S (FRrm( Al ION CFNFRAI XIDC
I heiebv tare that I am a licensed professional and I certifx by my signa me and seal below that I have ob erved
the construction of the proie.,t named abose to the best of ms ibilrucs x+ah all due c ire and diligence and that
the picje,,t nit ems the bdoss listed Genet al \lDC found in N'CAC 02H I M in iccoi dance with the, permit
documents pins and speuhe'i0ons cn file with or Ftou is I t-) the Dixision cxu�pt as note I nn the AS
BLILI dr tN nips such that the intent of the stormwiter rules and statutes ha been pruscr. t
Check hue if this ro a patttal eertific uron Section/plia e'SCM 6^
Check here it this is a part �)l a fast fia k A Built Pack ige Submittal pu 1041(3 i
Check here ifth- degLnerdidnotobseivetheconauucuon buti c rtiyima1h�projv,,t
Check It to if pt.tun of thu SC\I ire prodded /
Printed \ameAvZ o
no
\CR gist anon\uiro i_2j�' �_ Dit
SEAL p�+r�nii
a S t pa 2 JYt �I
Comultar t a Mailing Adai e
Uri/Stair/ZIP �c��/G / i 1, AJ(f
Phone lit tuber
Consultant s Finail addr ss
Ili wc(2
Cu-Je A it the ac built ,ahi� difteis nun the plan IFIN i circled pros idc an evplvtanon on i ige 2
t4'Vr L = nr t evaluate I (pros idc explanation on pale 2) U1\,A = not applicable tc this ';CM or project
Consultant s Certification NCAC 100.1(1,3) & General NtDC 10>0 I iOAs built I OO N/E I a)N/A
IA TREAT MENT REQUIREMENTS I I - r I
1 I he 1C'vl achies es i urnff treatment
} r r \
I
_ IheSCNlachicve runeltvolunicmituh
Y, or A
i Kunott from oftsne areas and/or ev un5 BUA x bvp rs ed
\ of
t Runotf trem oft ite ne is and/or exishnp BUA is dire ted into
ci N
the pumiacd vCAf and is a,,,( unted for at the full build out
I otenual
o Tho project control runcft through an offsite puinrncd �,CiA4
} or A
that meet,; the ie uirements of the NIDC
6 The net area of new BUA in ieas� for an xistuig protect ha
$* cr N
been a_counted fc r at the appropi i itc design stone lex el
7 The SCMt ) meets all the specific minimum design criteria
or A
B ` VFGETA7 ED SETBACKS / BUA -
M-
1 The width i fthe segLtdted setback has been mea tired from
} or N
the normal pool of impounded ss teis the 1%1H\V line of tidal
or the 4�of bank of ea h side of rn er or strx,arns
Lwaters
The s egetated setback is mamtamei in gran or other
} or
i segetati m
BU A that meets the requirements of \C(jti I0 214 7 (1)2)(2)
} or HI\::fis
X
located in the setback
I BUA that does not meet the requirements ct NC(rS 143 214 7
} ur N
(b2)(2) rc located wthm the setback and is limited to
I Pubhclffuniellinear pro3ects(road Sreemtaysidestalkt
b Watcr dependent structures
c Nlinunal lootprint uses (uhht) poles signs secuntn
hLhnn and a murtcnances)
5 Stvrm,v it r that i nit treated in an SCM i released at the
I } or
edge of the setback ind allowed to ilms through the setback a,
i
drsoer ed flak
I
Deno '1 of 9

State Stormwa er Management
Permit No SW8 07022o
OO As built
TN/E ON/A
D Inlets / Outict / Dra"down
1 The de,tgn olime dtawts clown in 2 5 daNs
or
\
I
2 l ht i7. of the Ortfi e t conoi tent m dh the p muffed value
or
A
2 A tra,h rd,h tc prnttded on the outlet stntcturt
} of
]�
4 Hwdrulcl,ic unpatts a the rtcctvm�, channel ate muu nn�d from
//���
cp or
The 1 Nt 24 fir ctoint chschir�c^
5 fhc inlets 3n I the oval t to ition ue stm3ted 1 er the ipprot ed
or
V I
plan Ind atutd cttort urcuritua
_
C N Cgetahon
1 the t egevited shelf hn been planted tttdt a minimum of 3
�.+,
or
lnerse cpectes
6y
2 1he t,oudt d h If plant den ny t eenstsrent%trth the tpfrov d
plans vnd t no le c than �0 plants per 200 st or no less than 24
a
niche on cnt t
Provide an explanation for every MDC that was not met and for every Item marked N/A or N/E
below Attach additional pages as needed
Page 6 of o

AS BUILT DESIGNER S CERTIFICATION FOR GENERAL MDC
S W 8 070226
EXPLANATION FOR ITEMS MARKED NA
A 3 There is no existing BUA from offsite areas that is bypassed in this project
A 5 There are no offsite SCM s in this project
B All There are no surface waters adjacent or on the project Please note that the adjacent cypress bog
is a wetland and not considered surface waters

AS BUILT DESIGNER S CERTIFICATION FOR WET POND PROJECT
S W 8 070226
EXPLANATION FOR ITEMS MARKED NA
A 6 There are no fountains proposed for this SCM
D 12 There are no variations for this project
G There are no contaminated soils on this project
H 3 Side slopes do not exceed 3 1
N This was not a fast track permit (Designer is a NC Registered PE)

AS BUILT DESIGNER S CERTIFICATION FOR GENERAL MDC
SW8 070226
EXPLANATION FOR ITEMS MARKED NA
A 3 There is no existing BUA from offsite areas that is bypassed in this project
A 5 There are no offsite SCM s in this project
B All There are no surface waters adjacent or on the project Please note that the adjacent cypress bog
is a wetland and not considered surface waters

BK 4701 PG 2510 - 2544 (35) DOC# 20058354
This Document eRecorded 01/10/2020 11 20 49 AM
Fee $106 00 DocType D/R Tax $0 00
Pender County, North Carolina
Sharon Lear Willoughby, Register of Deeds
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
CYPRESS GROVE TOWNHOMES
Prepared by Lee Law Firm PLLC ��' we
Relurn to J C Heame 11 Anomey at Law �Q �'"�
STATE OF NORTH CAROLINA DEC 181011
COUNTY OF PENDER By
This DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR CYPRES
GROVE TOWNHOMES (herein Declaration ) is made and entered into on this the 9th day of January
2020 by CYPRESS GROVE PARTNERS, LLC a North Carolina limited liability company with a
principal office address of 2030 Eastwood Road Suite 5 Wilmington NC 28403 ( Declarant )
WITNFCSFTH
WHEREAS Declarant is the owner of certain real property in Pender County North Carolina,
known as CYPRESS GROVE TOWNHOMES (referred to herein as Cypress Grove ) which consists or
will consist of townhomes or duplex style dwellings which real property is more particularly desenbed by
Fxhibit A attached hereto and incorporated by reference herein (the Property ) and
WHEREAS Declarant desires to subject the Property to these protective covenants and form an
association of owners within Cypress Grove to provide among other things the preservation of the property
values and the desirability and attractiveness of the real property to Cypress Grove and to provide for the
establishment and the continued maintenance of the Common Area and the Lawn Maintenance and
Landscape Elements (as defined below) in Cypress Grove and
NOW THEREFORE Declarant declares that the Property shall be held sold and conveyed subject
to the North Carolina Planned Community Act set forth in Chapter 47F of the North Carolina General
Statutes (the Act ) as well as the following easements restrictions covenants and conditions These
protective covenants shall be binding on and shall inure to the benefit of all parties having any nbht title
or interest in the Properties or any part thereof their heirs successors and assigns
ARTICLE I
Definitions
The definitions of terms asset out in the Maintenance Agreement (as defined herein) except as specifically
P n 1 of iC
submitted electronically by J C Hearne II Attorney at Law
In compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Pender county Register of Deeds

BK 4701 PG 2511 DOC# 20058354
modified or changed by this Declaration are adopted and incorporated herein by reference
The following additional definitions shall apply for purposes of flits Declaration
Association shall mean and refer to Cypress Grove Townhomes Homeowners Association Inc a North
Carolina non profit corporation with a principal office address of 2030 Eastwood Road Suite 5
Wilmington NC 28403 New Hanover County North Carolina, and its successors and assigns
Additional Prom shall mean and refer to any lands in addition to the above described Property
annexed to and made a part of the Planned Community whether such lands are now owned or hereafter
acquired by Declarant or others and whether developed by Declarant or others
Board of Directors or Board shall be used interchangeably and shall mean the body responsible for
administration of the Association
Common Area shall mean all real and personal property including easements which the Association
owns leases or otherwise holds possessory or use rights in for the common use and enjoyment of the
owners of Cypress Grove including without limitation private roads and streets pedestrian easements open
spaces stormwater management areas and as shown on the subdivision plat described in Exhibit A (the
Plat ) as described in this Declaration or Maintenance Agreement
Maintenance Agreement shall mean that certain Drainage Easement and Maintenance Agreement
recorded in Book 4663 Page 1203 of the Pender County Registry and all of the applicable easements
restrictions provisions declarations rights powers covenants conditions and obligations related to the
Property and Stormwater Management Area (as defined herein) thereby imposed and contained therem
which shall be bindinb upon the Owners their successors and assigns and all other persons acquiring any
interest in the Property or any portion thereof whether by operation of law or in any manner whatsoever
and shall inure to the benefit of the Owners respective properties and their respective successors and
assigns All of the applicable provisions of this Maintenance Agreement shall constitute covenants running
with the land
Maintenance Agreement Common Area shall mean all real and personal property including but not
limited to the Drainage Easements CGP Stormwater Management Area and other easements which are
held in for the common use and enjoyment of the owners of Cypress Grove and others as provided in the
Maintenance Agreement
Stormwater Management Area shall mean the CGP Stormwater Management Area as provided in the
Maintenance Agreement and such other stormwater management areas noted on the Plat
Common Expenses shall mean any and all expenditures made by or financial liabilities of the Association
together with any allocations to reserves pursuant to and in accordance with this Declaration the Bylaws
and N C G S§ 47F l 103(5)
Cypress Grove Landscape Guidelines shall mean the guidelines and standards for design landscaping
care and grooming of Lawn Maintenance and Landscape Elements ds said guidelines and standards may
be amended from time to time The initial Cypress Grove Landscape Guidelines shall be prepared by the
Declarant who shall have the sole and full authority to amend the same during the Declarant Control Period
(as said period is defined in Arlicle IV) After the Declarant Control Period the Association may amend
Page 2 of 35

BK 4701 PG 2512 DOC# 20058354
Cypress Grove Landscape Guidelines if sixty seven percent (67%) of the then Lot Owners agree The
Declarant or after the Declarant Control Period the Association shall make the Cypress Grove Landscape
Guidelines available to Owners but shall not be required to record the same
Lawn Maintenance and Landscape Elements shall mean all real and personal property including
easements which the Declarant or the Association may maintain within the Property from time to time
This tens shall include the care and grooming of all vegetative elements existing on each Lot beginning at
the time said Lot is conveyed from Declarant or a budder to a Member of Association
Limited Common Area shall mean all real and personal property designated under this Declaration as
the same may be amended from time to time located within the Common Area for the exclusive use or
primary benefit of Owners and occupants within Cypress Grove as more particularly described in Article
V of this Declaration Limited Common Areas may be designated in this Declaration or may be shown
and designated on any maps of Cypress Grove which are or may be recorded in the Pender County
Registry or may be designated in any Supplemental Det lardtion annexing Additional Property The
Limited Common Area within Cypress Grove allocated to each Lot and all costs associated with the
maintenance repair replacement and insurance thereof shall be a Common Expense for Cypress Grove
owners
Lot shall mean any portion of the Property whether improved or unimproved designated for separate
ownership by an Owner and shown on the Plat The tern shall refer to the land if any which is part of the
Lot as well as any improvements thereon
Planned Community shall mean and refer to the Property plus any Additional Property made apart
of the Planned Community by the exercise of any Special Declarant Right
Cypress Grove Governing Documents shall mean the Declaration and any amendments and supplemental
declarations thereto the By Laws and Articles of Incorporation of the Association the Architectural Design
Standards the Restrictions and Rules resolutions by the Association Board of Directors and recorded plats
of Cypress Grove as any one or more of which may be amended from time to time
Member' shall mean a person subject to membership in Association pursuant to Article IV
Owner shall mean the record owner whether one or more persons or entities of fee simple title to any
Lot but excluding those parties who have an interest in a Lot merely as security for the performance of an
obligation
Unit shall mean an attached or semi attached residential townhouse constructed upon a Lot
ARTICLE II
Maintenance Agreement, Use Guidelines and Restrictions
Section 1 Maintenance A reeg_ ment Declarant hereby adopts by reference as if fully set forth herein all
provisions of the Maintenance Agreement and any supplements or amendments thereto presently existing
or hereafter adopted
Page 3 of 35

BK 4701 PG 2513 DOC# 20058354
Section 2 Plan of Development, Aoolicabthty. Effect
A Declarant has created the Planned Community as a residential development and in
furtherance of its and every other Owner s interest has established a general plan of development for the
Planned Community Accordingly the Property is subject to guidelines and restrictions governing land
use individual conduct and uses of or actions upon the Properties as provided in this Article 11 These
protective covenants establish affirmative and negative covenants easements and restrictions (the Use
Guidelines and Restrictions )
B All provisions of these protective covenants and of any Association rules shill also apply
to all occupants lessees guests and invitees of any Lot Any lease on any Lot shall provide that the lessee
and all occupants of the leased Lot shall be bound by the terms of these protective covenants the By
Laws and the rules of the Association
Section 3 Rules and Regulations Subject to the terms of this Article 11 upon a majority vote of the
Board the Association may from time to time adopt, amend and repeal Rules and Regulations with
respect to all aspects of die Association s rights activities and duties under this Declaration The Rules
and Regulations may without limitation govern use of the Planned Community including prohibiting
restricting or imposing charges for the use of any portion of the Planned Community by Owners residents
or others interpret this Declaration or establish procedures for operation of the Association or the
administration of this Declaration provided however that the Rules and Regulations shall not be
inconsistent with this Declaration the Articles or Bylaws A copy of the Rules and Regulations as they
may from time to time be adopted amended or repealed shall be maintained in the office of the
Association and shall be available to each Owner upon request
Section 4 Owners Acknowledgment
A All Owners and all the Property is subject to the Use Guidelines and
Restrictions and are given notice that (a) their ability to use their privately owned property is limited
thereby and (b) the Board may add delete modify create exceptions to or amend the Use Guidelines and
Restrictions in accordance with Section 2
B Each Owner by acceptance of a deed acknowledges and agrees that the use
and enjoyment and marketability of his or her property can be affected by these provisions agrees to be
bound thereby and that the Use Guidelines and Restrictions and rules may change from time to time
Section 5 Rights of Owners Except as maybe specifically set forth in Section 6 the Board may not
adopt any rule in violation of the following restriction No rules shall interfere with the activities carried
on within the confines of Lots except that the Association may prohibit activities not normally associated
with property restricted to residential use and it may restrict or prohibit any activities that create
monetary costs for the Association or other Owners that create a danger to the health or safety of
occupants of other Lots that generate excessive noise or traffic that create unsightly conditions visible
outside the Lot that block the views from other Lots or that create an unreasonable source of annoyance
or that create a nuisance
Section 6 Use Guidelines and Restrictions
A General The Properties shall be used only for residential and related purposes (which may
include without limitation offices for any property manager retained by the Association business or sales
offices for the Declarant or the Association and certain recreational uses ancillary to home ownership or
Page 4 of 35

as permitted in the Common Areas) except as otherwise provided herein No commercial use shall be
permitted on any Lot except in accordance with Section 6(L)
B Animals and Pets No animals livestock or poultry of any kind shall be raised bred kept
or maintained on any Lot or in any dwelling except a limited number of domestic household pets which
limit may be set by the Board Domestic household pets may not be raised bred or kept for any
commercial purpose Pets must be leashed at all times when off Owners Lot and droppings must be
immediately removed Fines assessed by the Association shall become an individual Assessment in
accordance with Article X All parties are hereby notified that in the event any dog kept or maintained
on a Lot or in any dwelling on the Properties barks excessively continuously or in a manner that
constitutes a nuisance the Board may require such dog to wear a collar designed to reduce or control
such excessive barking (provided that such action shall in no event limit any other rights or remedies for
such situation that may be available to the Board or to any other parties at law or in equity)
C Placement of Outdoor Clothes Dreg Structure No outdoor poles clotheslines or similar
equipment shall be erected or located on any Lot
D Offensive and Illegal Activities No immoral improper illegal noxious or offensive
activity shall be carried on upon any Lot, nor shall anything be done thereof tending to cause
embarrassment discomfort, annoyance or nuisance to the Association the Declarant or any Owners There
shall not be maintained any plants or animals odors fumes or device or anything of any sort whose
normal activities or existence are in any way noxious dangerous unsightly unpleasant or of a nature as
may diminish or destroy the enjoyment of other property in the neighborhood by the Owners thereof All
laws orders rules regulations ordinances or requirements of any government agency having jurisdiction
thereof relating to any parties of the property shall be complied with by or at the sole expense of the
Owner or of the Association whichever shall have the obligation to maintain or repair such portion of the
properq
E Parking Parking of vehicles on any street in the Property shall be allowed only in
accordance with the policy determined by the Board of Directors No truck or other vehicle in excess of a
three quarter (3/4) ton load capacity boat vessel motorboat camper tinder motor or mobile home or
similar type vehicle or apparatus shall be parked or kept overnight or longer on any street or on any Lot
unless it is stored in an enclosed garage or in such a manner as to not be visible to the Owners of other Lots
or the users of a street or Common Area (it being agreed that if any screening or other improvements or
landscaping used for the purpose of preventing visibility of such items shall be subject to the architectural
review provisions of these protective covenants) All tools or other materials stored in vehicles for overnight
parking shall be kept out of sight No vehicles or equipment which are unsightly in appearance as
determined by the Board of Directors shall be allowed
F Repair or Removal of Buildings Any dwelling or improvement on any Lot that is destroyed
in whole or in part by fire or other casualty shall be either rebuilt or torn down and all debris removed and
the Lot restored to a sightly condition with reasonable promptness provided however that in no event
shall such debris remain on such Lot longer than three (3) months If replacement Lot is to be constructed
the replacement Lot must be approved by the Committee in accordance with Article [
O Outside Burning No outside burning shall be permitted except as may he approved by the
Board in advance (provided that in no event shall burning be permitted except in compliance with all
applicable governmental regulations)
H Signs For as long as the Declarant its successors or assigns or Stevens Building
Company or any entity that has common principals with Declarant or Stevens Budding Company
Page 5 of 35

BK 4701 PG 2515 DOC# 20058354
( Stevens ) owns any land within the Planned Community no For Sale signs shall be allowed on
displayed from or visible from any Lot, including but not limited to around in or affixed to any structure
trees or other landscape located thereon Declarant, its successors or assigns and Stevens has the absolute
right to remove any such signage and shall not be liable to the sign owner or the Lot Owner for trespass
conversion destruction or any other legal recourse Subject to the foregoing and further subject to
applicable law no signs billboards political signs or other advertising structure(s) of any kind shall be
erected on any Lot or displayed to the public on any Lot or in any structure subject to these restrictions
without prior written approval of the Committee The Committee may approve or reject any request for
srgnage or may approve with conditions including size limns This covenant shall not apply to signs
erected by the Declarant or Stevens including sips used to identify and advertise the Property as a whole
Declarant Stevens or Committee has the right to enter upon the Lot and remove any unapproved sign Any
signs displayed within a structure shall be removed by the Owner immediately upon nonce thereof Without
limiting the foregoing the Committee shall issue guidelines from time to time outlining the Planned
Community's policy for the posting of for sale signs and similar temporary signs by or upon any Lot
(which policy shall include the permitted dimensions and appearance of such signs and may even prohibit
such signs altogether)
1 Huntrna and Fishing No hunting or discharge of firearms within the subdivision is
permitted The Association through its Board of Directors reserves the right to control or remove animals
(including without limitation the authorization of bow hunting to reduce or eliminate nuisance animals)
subject to rules and restrictions to be determined by the Board Fishing shall be permitted only in locations
designated by the Board from time to time and shall be subject to reasonable restrictions imposed by the
Board
J Garbage Garbage and trash shall be disposed by Owners in accordance with the rules and
regulations of the Association All trash receptacles and garbage cans shall be screened so as not to be
visible by the Owners of other Lots or the users of any street or Common Area All such screening shall be
approved by the Committee For the safety of the community and to decrease congestion and wear and tear
on the Common Areas the Association may impose a requirement that a single refuse colleunon company
shall be used by all Lot Owners for trash and garbage removal to the Planned Community
K Antennas No outside antennas or satellite dishes shall be erected on any Lot or structure
unless and until permission for the same has been granted by the Committee The design and location of
the dish shall be approved by the Committee
L Restricted Activities The following activities are prohibited within the Properties
unless expressly authorized by the Board subject to any conditions imposed by the Board
(i) Activities which materially disturb or destroy the vegetation wildlife water or air
quality within the Property or which use excessive amounts of water or which result to
unreasonable levels of sound or light pollution
(u) Any Business or Trade except that an Owner or occupant residing to a Lot may
conduct business activities within the Lot so long as (a) the existence or operation of the activity is
not apparent or detectable by sight sound or smell from outside the Lot (b) the activity does not
involve visitation of the Lot by clients employees agents customers suppliers or other business
invitees delivery services or door to -door solicitation of residents of the Properties and (c) the
activity is consistent with the residential character of the Properties and does not constitute a
nuisance or a hazardous or offensive use or threaten the security or safety of other residents of the
Properties as may be determined in the sole discretion of the Board
Page 6 of 35

BK 4701 PG 2516 DOC# 20058354
(in) Nothing shall be kept and no activity shall be carried on in any building structure
or home oron the Common Area which will increase the rate of insurance applicable to residential
use for the property or the contents thereof No Owner shall door keep anything nor cause or
allow anything to be done or kept in his home or on the Common Area which will result in the
cancellation of insurance on any portion of the property or the contents thereof or which will be
in violation of any law ordinance or regulation No waste shall be committed on any portion of
the Common Area
M Property Damage Owners shall be responsible for any damage done to any streets
roedways access ways curbing street gutters sidewalks Common Areas or property of other Owners
within the Properties which may be caused by any Owner his agents contractor or its subcontractor lessees
employees guests licensees or invitees The Association shall have the authority to assess any Owner for
such damage and such charge shall be an Individual Assessment against the Owner and his Lot(s) and may
be enforced in accordance with the provisions of Article X herein
N Junk Vehicles No stripped partially wrecked Junk motor vehicle or part thereof or any
motor vehicle not displaying a current valid inspection sticker shall be permitted to be parked or kept on
any Lot
O Fuel Tanks No fuel tanks or similar storage receptacles may be exposed to view The
placement of any such receptacles may be approved by the Committee or DmIdram and may only be located
within die main dwelling house within an accessory budding, within a screened area or buried
underground
P Mailboxes All Lots will be served by mailbox banks or kiosks located in the Common
Area and provided by Stevens No mailbox shall be installed or allowed to remain on any Lot
Q Outdoor Objects No outdoor statuary flags or other decorative objects may be placed on
any Lot without the written approval of the Committee The American Flag no larger than 3 feet x 5 feet
may be flown on a pole no longer than 5 foot 6 inches from a pole holder attached to the home in an
approved location which can be reached by hand from the ground below so as to be easily installed and
removed Any flags will be dhsplayed in accordance with traditional rules and regulations governing the
flying and display of the American Flab
R Alteration of Common Area No person shall undertake cause or allow any alteration or
construction in or upon any portion of the Common Area except at the direction of and with the express
written consent of the Committee
S Use of Common Areas The Common Areas shall be used only for the purposes for
which they are intended and reasonably suited and which are incident to the use and occupancy of the
homes subject to any Rules or Regulations that may be adopted by the Association hereunder or pursuant
to its By Laws
T Storage of Personal Property All lawn mowers bicycles toys grills and other similar
objects must be stored when not to use so as not to be visible by the Owners of other Lots or the users of
any street or Common Area
U Exterior Features and Structures All exterior storage areas laundry facilities utility
areas service yards or areas and carports are to be screened from view from streets and adjacent
properties by an enclosure fence wall or natural landscape materials Any screening shall be subject to
the architectural review requirements of these Protective Covenants
Page 7 of 35

BK 4701 PG 2517 DOC# 20058354
V Road Use The roads are to be used by vehicles or pedestrians for the purposes of
transportation At no time shall any vehicle exceed the speed limit as determined by the Association or the
applicable governmental authority No permanent, frequent or long term parking is permitted along or on
roads or streets The Association is entitled to adopt reasonable rules and regulations regarding die
supervision maintenance control regulation and use of the roads and promenades and to enforce the same
in any lawful manner which may include but not be I invited to the imposition of fines for violations thereof
which fines shall be individual Assessments and may be enforced in accordance with the provisions of
Article X
W Declarants Activities (1) This subsection 6 shall not apply to any activity conducted by
the Declarant and/or its successors and assigns with respect to its development and sale of the Property or
any commercial activities of the Declarant and/or its successors and assigns including any sales office
maintained by Declarant and/or its successors and assigns and (2) Declarant shall be specifically authorized
to rent or lease any Lot which it owns or manages for other Owners and to maintain model Lots or sales
offices in any Lot which it owns or leases
Section 7 Stormwater Runotf"Rules The covenants in this Section 7 are intended to ensure ongoing
compliance with State Stormwater Management Permit Number SW8 07 226 (the Permit ) as issued by
the North Carolina Division of Energy Mineral and Land Resources ( Division ) under 15A NCAC
02H 1000
The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain
compliance with the Permit
(a) The covenants under this Section 7 are to run with the land and be binding on all
persons and parties claiming under them
(b) The covenants under this Section 7 pertaining to stormwater regulations may not
be altered or rescinded without consent of the Division
(c) Alteration of the drainage as shown on the plans for the Subdivision approved by
Division may not take place without the concurrence of Division
(d) The maximum built upon area per lot is one thousand seven hundred (1 700)
square feet 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
street pavement or sidewalk The maximum allowable built upon area shall not be exceeded on
any lot until the Permit is modified to ensure compliance with stormwater rules Built upon area
has the same meaning as G S 143 214 7 as amended by Session law 2017 10
(e) A 50 foot wide vegetated setback must be provided and maintained adjacent to
all surface waters in accordance with 15A NCAC 02H 1003(4)
(0 1 ots within CAMA s Area of Environmental Concern may have the permitted
built upon area reduced due to CAMA jurisdiction within the AEC
(g) All runoff on the lot must drain into the permitted system This may be
accomplished through providing roof dram gutters which dram to the street, grading the lot to
drain toward the street, or grading perimeter swales and directing them into the pond or street
Lots that will naturally dram into the system are not required to provide these measures
Page 8 of 35

BK 4701 PG 2518 DOC# 20058354
(h) Built upon area in excess of the permitted amount will require a permit
modification
(i) 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 N C G S § 143 Article 21
0) Declarant hereby reserves the right to impose additional restrictions upon the
Properties as and to the extent required by the terms of the Permit Further Declarant may re
allocate any unused BUA for any Lot to any other Property within Cypress Grove by modifying
the Stormwater Permit Such additional restrictions or permitted reallocation of BUA may be
imposed or established by Declarant, by the recording of an Amendment to the Declaration and
no joinder or consent of the Association or any Owner or other Person shall be required
ARTICLE III
ArchiteLtural Design Standards
Section I General
A No structures buildings improvements or construction which shall include within its
definition clearing grading tree removal excavation and other site work shall be commenced erected
or maintained upon any Lot nor shall any exterior addition to or change or alteration therein (including
without limitation any change of color) be made to any Lot except in compliance with this Article and
the Architectural Design Guidelines nor shall any such work commence until the plans and
specifications showing the nature kind shape heights materials and location of the same shall have
been submitted to and approved in writing as to harmony of external design and location in relation to
surrounding structures and topography by the Committee according to the provisions of Section 2
Structures buildings and improvements shall include but not be limited to any dwelling garage fence
wall sidewalk hedge tree mass planting change in grade or slope drainage pipe drainage canal ditch
swale catch basin swimming pool treehouse playhouse sign flag pole antenna satellite dish exterior
illumination monument or marker outdoor statuary exterior lights security lights storm door well
utility facility patio deck screening for outdoor trash cans or other purposes sprinkler or irrigation
system driveway outdoor decorative objects shrubbery or landscaping
B Any Owner may remodel paint or redecorate the interior of structures on his Lot without
approval Approval of the Committee shall however be required to repaint the exterior of a structure even
in accordance with the originally approved color scheme or to rebuild in accordance with originally
approved plans and specifications
C This Article shall not apply to the activities of the Declarant and/or its successor and
assign nor to improvements to the Common Area by or on behalf of the Association
D During the Class B Control Period this Article may not be amended without the
Declarant s written consent
Section 2 Architectural Review
A Responsibility for administration of the Design Guidelines as defined below and review
of all applications for construction and modifications under this Article shall be handled by the Committee
as described in subsection (B) below The members of the Committee need not be Members of the
Page 9 of35

BK 4701 PG 2519 DOC# 20058354
Association and may but need not include architects engineers or similar professionals whose
compensation if any shall be established from time to time by the Board The Board may establish and
charge reasonable fees for review of applications hereunder and may require such fees to be paid prior to
review
B Architectural Review Committee (herein Committee ) The Committee shall consist of at
least three but not more than five persons and shall have exclusive jurisdiction over all construction on
any portion of the Properties For as long as Declarant and/or its successors and assigns own any Lot within
the Property the Declarant retains the right to appoint all members of the Committee who shall serve at the
Declarant s discretion After the sale of the last Lot owned by Declarant and/or its successors and assigns
to a third party the Board shall be entitled to appoint the members of the Committee who shall serve and
may be removed in the Board s discretion
Section 3 Guidelines and Procedures The Declarant shall prepare the initial Design Guidelines and
application and review procedures (the Design Guidelines ) which shall apply to all construction
activities within the Property The Design Guidelines may contain general provisions applicable to all of
the Property as well as specific provisions which vary from one portion of the Property to another
depending upon the location unique characteristics and intended use The Committee shall adopt such
Design Guidelines at its initial organizational meeting and thereafter shall have sole and full authority to
amend them subject to the approval of the Board of Directors The Committee shall make the Design _
Guidelines available to (Tuners who seek to engage in development or construction on their Lot and all
such Persons shall conduct their activities in accordance with such Design Guidelines
Section 4 Submission of Plans and Specifications
A No construction or improvements as specified in Section 1(A), shall be commenced
erected placed or maintained on any Lot nor shall any exterior addition change or alteration be made
thereto until the plans and specifications ( Plans ) showing site layout structural design exterior elevations
exterior materials and colors signs landscaping drainage lighting, irrigation utility facilities layout and
screening shall have been submitted to and approved in writing by the Committee The Design Guidelines
shall set forth the procedure for submission of the Plans A reasonable fee for the review of said plans may
be required by the Committee in which case such fee shall be submitted along with said Plans and any other
supporting documents required by Committee The Board or the Committee may also require an additional
security deposit to be posted prior to the commencement of any construction or work which sum shall be
used to collect any fees fines or penalties incurred during construction or work if such a security deposit is
required any portion of the security deposit remaining upon the completion of construction shall be returned
to the Owner
B In reviewing each submission the Committee may consider (but is not required to
consider or limited to considering) visual aesthetics natural platforms and finish grade elevations
harmony of external design with surrounding structures and environment and location in the relation to
surrounding structures and plant life The Committee may require relocation of native plants within the
construction site as a condition of approval of any submission Location of any driveways shall be subject
to the approval of the Committee
C The Association shall have the right to refuse to approve any plans and specifications or
grading plans which are not suitable or desirable in its sole discretion for aesthetic or any other reasons
In so approving such plans specifications and grading plans the Association shall consider the suitability
of the proposed building improvements structure or landscaping and the materials of which it is to be
built the site upon which it is proposed to erect the same the harmony thereof with the surroundings and
Page 10 of 35

BK 4701 PG 2520 DOC# 20058354
the effect thereof on the adjacent or neighboring property
D No bulldozing or clearing of trees or excavation of lakes or ponds shall be commenced
until the plans specifications and grading plans showing the nature kind shape and location of work to be
done shall have been submitted to and approved in writing by the Association and a copy thereof as finally
approved filed permanently with the Association
E The Committee shall within forty five (45) days after receipt of each submission of the
Plans advise the party submitting the same in writing at an address specified by such party at the time of
submission of (i) the approval of Plans or (n) the segments or features of the Plans which are deemed by
such committee to be inconsistent or not in conformity with these protective covenants and/or the Design
Guidelines the reasons for such finding and suggestions for the curing of such objections In the event
the Committee fails to advise the submitting party by written notice within the time set forth above of
either the approval or disapproval of the Plans approval shall be deemed to have been given Notice shall
be deemed to have been given at the time the envelope containing such notice properly addressed and
postage prepaid is deposited with the U S Postal Service registered or certified mad return receipt
requested Personal delivery of such written notice shall however be sufficient and shall be deemed to
have given at the time of delivery
F If construction does not commence on a project for which Plans have been approved within
two (2) months of such approval such approval shall be deemed withdrawn and it shall be necessary for the
Owner to resubmit the Plans for reconsideration
G Once construction has been initiated on a Lot the Owner thereof must complete such
construction within twelve (12) months If an Owner does not comply with such schedule then Declarant
the Board and the Association shall each have the right (but not the obligation) to complete such construction
on Owner's behalf and at such Owners expense In the event the Declarant the Board or the Association
exercises the right provided in the immediately preceding sentence then Declarant the Board and/or the
Association (as the case maybe) shall be entitled to collect from such Owner in addition to a reimbursement
of all costs expended in the completion of construction of the Lot an administrative fee for such work
which fee shall be equal to twenty percent (209/6) of the costs incurred by such party in completing the work
Any and all of the foregoing costs and fees that may be incurred by or payable to Declarant, the Board
and/or the Association shall be a charge and continuing hen upon such Lot until paid and Declarant the
Board and/or the Association may bring an action against such Owner or foreclose the lien against the
property in the same manner as provided in North Carolina for the foreclosure of deeds of trust both and
in either event interest costs and reasonable attorney s fees of any such action shall be added to the amount
payable to Declarant the Board and/or the Association
Section 5 No Waiver of Future Approvals Each Owner acknowledges that the members of the
Committee will change from time to time and that interpretation application and enforcement of the
Design Guidelines may vary accordingly Approval of proposals plans and specifications or drawings
for any work done or proposed or in connection with any other matter requiring approval shall not be
deemed to constitute a waiver of the right to withhold approval as to any similar proposals plans and
specifications drawings or other matters subsequently or additionally submitted for approval
Section 6 Variance The Committee may authorize in its discretion reasonable variances or adjustments
from compliance with any of its guidelines and procedures in order to alleviate practical difficulties and
hardship in their enforcement and operation Such variances may only be granted however when unique
circumstances dictate and no vandnce shall (a) be effective unless in writing or (b) stop the Committee
from denying a variance in other circumstances Any such variances shall not violate the spirit or the intent
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of this document to create a subdivision of Lots owned in fee by various persons with each such Owner
having an easement upon areas owned by the Association
Section 7 Limitation of Liability The standards and procedures established or authorized by this Article
is intended as a mechanism for maintaining and enhancing the overall aesthetics of Cypress Grove
Review and approval of any application pursuant to this Article is made on the basis of aesthetic
considerations only and the Committee shall not bear any responsibility for ensuring the structural
integrity or soundness of approved construction or modifications nor for ensuring compliance with
building codes and other governmental requirements nor for ensuring that all dwellings are of comparable
quality value or size of stmdar design or aesthetically pleasing or otherwise acceptable to neighboring
Lot owners Neither the Declarant the Association the Board nor the Committee shall be held liable for
any injury damages or loss arising out of the review and approval of any application including but not
limited to the granting of a variance the manner or quality of construction or defects in any plans or
specifications or deficiencies in kind or quality of materials used or any soil conditions drainage or site
work propose or approved or for ensuring compliance with building codes and other governmental
requirements
Section 8 Enforcement
A Any structure or improvement placed or made in violation of this Article shall be deemed
to be nonconforming Upon written request from the Board or the Declarant Owners shalt at their own
cost and expense remove such structure or improvement and restore the land to substantially the same
condition as existed prior to the nonconforming work Should an Owner fail to remove and restore as
required within thirty (30) days of being notified then Declarant, the Board and the Association shall each
have the night to enter the property remove the violation and restore the property to substantially the same
condition as previously existed provided however if the violation is deemed by the Board or Declarant, in
their sole discretion to be a safety hazard or require immediate remedtation then the Board or Declarant
may immediately take the actions authorized hereunder to remove the violation All costs together with
the interest at the maximum rate then allowed by law may be assessed against the Lots Owner and the
benefited Lot and collected as an individual Assessment In the event the Declarant the Board and/or the
Association exercises any right provided above in this Section 8W. then Declarant the Board and/or the
Association (as the case may be) shall be entitled to collect from the relevant Owner in addition to a
reimbursement of all costs expended in the removal of the violation and/or the restoration of the property
an administrative fee for such work which fee shall be equal to thirty percent (30%) of the costs incurred
by such party in performing the work
B Any contractor subcontractor agent employee or other invitee of an Owner who fails to
comply with the terms and provisions of this Article and the Design Guidelines may be excluded by the
Board from the Properties In such event none of the Association its officers or its directors shall be held
liable to any Person for exercising the rights granted by this paragraph
C The Association shall have the authority to establish fines for violations of this Article and
the Design Guidelines including fines for continuing violation & the fine amounts may be deducted from
any bond posted If the fines are not paid the Association may establish an Individual Assessment in
accordance with the provisions of Article X
D In addition to the foregoing the Association shall have the authority and standing to pursue
all legal and equitable remedies available to enforce the provisions of this Article and the decisions of the
Committee
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Section 9 Architectural Change Committee At the discretion of the Declarant and/or its successors and
assigns (or if after the expiration of the Class B Control Period at the discretion of the Association)
either Declarant or the Association (as the case may be) shall have the option but not the obligation to
establish an Architectural Change Committee to review minor changes or renovations to improvements
previously approved by the Committee If the Declarant or the Association elects to establish such an
Architectural Change Committee the Board shall establish guidelines regarding the operation and
jurisdiction of such committee and shall appoint its members each of whom shall serve and may be
removed in the Board s discretion Additionally during the Class B Control Period the Declarant shall
have the right to remove and replace any member of the Architectural Change Committee
ARTICLE IV
Membership and Votin¢
Section 1 Membership and Voting Rights, Every Owner of a Lot which is subject to this Declaration
shall be a member of the Association Membership shall be appurtenant to and may not be separated
from ownership of any Lot Such membership is not intended to apply to those persons or entities holding
an interest in any Lot merely as security for the performance of an obligation to pay money e g
mortgages or deeds of trust however if such secured party should realize upon its security and become
the fee owner of a tract it and its assigns will be subject to all of the requirements and limitations imposed
in these protective covenants on Owners of tracts within Cypress Grove including those provisions with
respect to payment of Assessments
Section 2 Membership Classes The Association shall initially have two classes of voting membership
(additional classes of membership may be added to the Association by Declarant in the event that Additional
Property is annexed to Cypress Grove)
Class A Class A Members shall be all Lot Owners except the Class ' B Member if any
Class B The sole Class B Member shall be the Declarant and/or its successors and assigns
Section 3 Voting Rf }g_its The voting rights of each class of membership shall be as follows
A 7 he Class A Members shall be entitled to one vote for each Lot owned within Cypress
Grove When more than one person holds an interest in any Lot all such persons shall be members The
vote for such Lot shall be exercised as they determme but in no event shall more than one vote be cast with
respect to any Lot Fractional voting with respect to any i of is hereby prohibited
B The Class B Member shall be entitled to fifteen (15) votes for each platted Lot within
Cypress Grove The Class B Membership shall cease and be converted to a Class A Membership when
Declarant completes construction upon and conveys all Lots or upon Declarant s voluntary surrender of all
Class B Membership
The period during which there is Class B Membership is sometimes referred to herein as the Declarant
Control Period During the Declarant Control Period the Declarant shall have the rights among others
to designate and select the Board and the right to remove any person or persons designated and selected by
the Declarant to serve on the Board and to replace them for the remainder of the term of any person
designated and selected by the Declarant to serve on the Board who may resign die or be removed by the
Declarant
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Section 4 Rights of the Association The Association may exercise any right or privilege given to it
expressly by this Declaration the By Laws of the Association the Planned Community Act or Chapter
55A of the North Carolina General Statutes or reasonably implied from or reasonably necessary to
effectuate any such right or pnvdege including but not limited to the right to perform cosmetic
maintenance such ds mowing and planting of stormwater retention facilities which facilities adjoin Lots
but may not be located within the Property Except as otherwise specifically provided in this Declaration
the By Laws or the Articles of Incorporation of the Association all rights and powers of the Association
may be exercised by the Board without a vote of the membership
ARTICLE V
Common Areas
Section t Owners Easements of Enjoyment of Common Area Every Owner of a Lot shall have a right and
easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pats with the
title to every Lot, subject to the following provisions
A the applicable easements restrictions provisions declarations rights powers covenants
conditions and obligations thereby imposed and contained in the Maintenance Agreement related to the
Maintenance Agreement Common Area the easements herein reserved by Declarant or created in favor
of the Association including without limitation the easements set forth in Article XI hereof
B the right of the Association to permit the use of and to charge reasonable admission and
other fees for the use of any recreational facility situated upon the Common Area
C the right of the Association to suspend the voting rights by the Owners) of any Lot for any
period during which any assessment against such Lot remains unpaid Enid for any period during which such
Lot or any Owner or occupant thereof is in violation of the terms of this Declaration or the published rules
and regulations of the Association and for a period not to exceed sixty (60) days after any such violation
D the right of the Association to dedicate or transfer non exclusive easements on over and
upon all or any part of the Common Areas for such purposes and subject to such conditions as may be
agreed to by the Association s Executive Board provided however no such dedication or transfer shall be
effective unless an instrument executed on behalf of the Association by its duly authorized officers
agreei% to such dedication or transfer has been recorded
E the right of the Association pursuant to Section 47F 3 112 of the Planned Community Act
and with the consent of the Members entitled to cast at least eighty percent (80%) of the votes of the
Association (including two thirds of the votes of the Members present at a meeting of the Members held in
accordance with the Bylaws of the Association such vote including at least a majority of the votes of the
Members present other than Declarant) to dedicate or transfer fee title to all or any part of the Common
Area for such purposes and subject to such conditions as may be agreed to by the Members consenting to
such dedication or transfer provided however daring Declarant s Control Period Declarant must also
consent to such action and further provided that no such dedication or transfer shall interfere with or
obstruct utility service to or ingress egress and regress to or from the Lots or any remaining Common
Areas or cause any Lot or any remaining Common Areas to fail to comply with applicable laws regulations
or ordinances
F the right of the Association to impose rules and regulations for the use and enjoyment of the
Common Areas and improvements thereon which regulations may further restrict the use of the Common
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Areas and specifically including the right to make permanent and temporary assignments of parking spaces
and to establish rules and regulations concerning parking and vehicular traffic flow on and along the streets
and roadways whether public or private within or abutting the Property which rules and regulations may
restrict or prohibit on street parking and may be enforced by towing at the expense of the vehicle s owner
by reasonable fine levied against the vehicle s owner and/or any Owner of a Lot to which such violation
reasonably may he attributed or by any other reasonable method of enforcement established by the
Association s Executive Board
G the right of the Association to borrow money for the purpose of improving the Common
Areas and facilities thereon and with the assent of the Members entitled to cast at least eighty percent
(80%) of the votes of the Association (including two-thirds (2/3) of the votes of the Members present at a
meeting of the Members held in accordance with the Bylaws of the Association such vote including at least
a majority of the votes of the Members present other than Declarant) mortgage pledge deed in trust or
hypothecate any or all of its real or personal property as security for money borrowed or debts incurred
(any such mortgage shalt be effective if it is executed on behalf of the Association by its duly authorized
officers and recites that the requisite consent of Members has been obtained and documented in the Minute
Book of the Association) provided however during Declarant s Control Period Declarant must also
consent to such action and further provided that no such mortgage encumbrance or hypothecation or
foreclosure of the hen thereby created shall interfere with or obstruct utility service to or ingress egress
and regress to or from the Lots or any remaining Common Areas or cause any Lot or any remaining
Common Areas to fail to comply with applicable laws regulations or ordinances
H the right of the Association to convey to Declarant portions of the Common Areas for the
purpose of correcting erroneous conveyances of Common Areas or eliminating unintentional
encroachments of dwellings or other improvements onto portions of the Common Areas or for the purpose
of enhancing the utility of the Common Areas to be retained by the Association provided however no
such conveyance shall interfere with or obstruct utility service to or ingress egress and regress to or from
the Lots or any remaining Common Areas or cause any Lot or any remaining Common Areas to fail to
comply with applicable laws regulations or ordinances and
1 the right of the Association to dedicate portions of the Common Areas to any local state or
federal governmental entity public agency authority or utility for such purposes and subject to such
conditions as may be agreed to by the Assowation
Section 2 Owners Easements of Eni2yment of Limited Common Area Fvery Owner of a Lot has to it, as a
Limited Common Area, the right and easement of use access and enjoyment in and to those portions of any
driveways which are located between their Lot and any private roads or streets located within the Common
Area which are intended to serve their Unit, as well as the sidewalks and roadways which rights shall be
appurtenant to and shall pass with the respective title to such Lot subject to the following provisions a) the
Declaration Bylaws and rules and regulations b) any restrictions or limitations in any deed or other instrument
conveying any portion of the Limited Common Area to the Association c) the nght of the Board to adopt rules
regulating the use and enjoyment of the Limited Common Area and improvements thereon including but not
limited to rules restricting use of the Limited Common Area to Owners and occupants of Lots and their guests
and rules limiting the number of guests who may use the Limited Common Area and the right of the Board to
establish penalties for any infractions thereof d) the right of die Board to impose reasonable charges fines and
other sanctions for late payment of assessments or other violations e) the right of the Association acting
through the Association s Board of Directors to dedicate or transfer all or part of the Limited Common Area
to any public agency authority or utility for such purposes and subject to such conditions as may be agreed to
by the Association f) the right of the owner of all or part of the Limited Common Area to convey such area
to the Association and g) easements as provided in this Declaration
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Article VI
Maintenance. Repair and Replacement
Section 1 Responsibility of the Association Common Areas The Association will install repair
maintain and replace all portions of the Common Area specifically including without limitation the
Stormwater Management Area all roads streets light poles ponds, mailboxes and landscaping elements
located within the Common Area except the portions of any Limited Common Area which are required by
this Declaration to be maintained repaired or replaced by Owners to which the Limited Common Area is
allocated and except for any maintenance or repairs caused by the negligence or intentional misconduct of
any Owner his agents invitees or family members which shall be the responsibility of that Owner The
actual and estimated expenses of maintaining operating repairing and replacing the Common Area
including insurance reasonable reserves and utilities as the Board may find necessary and appropriate
pursuant to the Declaration for the benefit of the Common Area shall be assessed at a uniform rate to all
Units
Section 2 Responsibility of the Association Units in addition to maintenance of the Common Area the
Association shall provide certain scheduled exterior maintenance upon each Unit which maintenance may
generally include the scheduled repainting of all exterior building surfaces including the exterior doors and
garagedoors the scheduled replacement of roofs including the removal& replacement of shingles flashing
venting and moisture barrier materials the routine maintenance of Lawn Maintenance and Landscape
Flements upon each Lot (as more particularly described in Article VII) and the mamtenance of gutters and
downspouts Such exterior maintenance shall not include maintenance of glass surfaces exterior doors and
window frames (i a entire window unit) unless approved by the Board except the Association shall be
responsible for panning exterior doors With regard to the scheduled roof replacement the Association shall
not be responsible for any repair and/or replacement of the sheathing or underlying wood support members
within the roof system With regard to the scheduled exterior repainting, the Association shall not be
responsible for the staining or painting of any horizontal wood surfaces on decks porches or steps All such
exterior maintenance of Units will be provided by the Association on a schedule and to a scope of work
appropriate to meet the reasonable standards determined by the Board m its discretion and not on a schedult,
or to a scope as directed requested or specified by any specific Owner The cost of the exterior maintenance
upon each Unit will be included in the Base Assessments and shall be levied at a uniform rate against all
Units No Owner may exempt himself or herself from liability for assessments for exterior maintenance
provided b) the Association In the event the need for maintenance or repair is caused through the willful
or negligent act of the Owner his family guests invitees or licenses the cost of such maintenance or repairs
shall be added to and become a part of the assessment to which such Unit is subject Exterior maintenance
services may be modified by the Board as it deems reasonable and appropriate
Section 3 Responsibility of the Owner Except for the maintenance provided by the Association as
described in Sections I and 2 of this Article each Owner will be responsible for all other required
maintenance of the exterior and interior of his or her Lot and Unit including the fixtures and utilities
located in the Unit to the extent current repair shal I be necessary in order to avoid damaging other persons
Units Lots Common Areas or the Limited Common Areas All fixtures equipment, and utilities
installed and included in a Unit commencing at a point where the fixtures equipment and utilities enter
the Unit shall be maintained and kept in repair by the Owner The Owner at the Owner's expense shall
maintain repair or replace the heating and air conditioning units (HVAC) air handling units heat
exchanger heat outlet enclosures and mechanical attachments The Owner shall not allow any action
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of work that will impair the structural soundness of the improvements impair the proper functioning of
the utilities heating ventilation or plumbing systems or integrity of any townhome building or impair
any easement or hereditament Except as otherwise covered by a master policy carried by the Association
the Owner is responsible for a repair resulting from a casualty occurring within or affecting the inside of
the Unit Each Owner shall be responsible for removing all snow leaves and debris from all doorsteps
or stoops appurtenant to his or her Unit Notwithstanding anything to the contrary herein and in
accordance with terms and conditions provided herein in the event Lawn Maintenance is no longer
provided by the Association each Owner will be responsible for care and grooming of all vegetative
elements existing on each Lot, including but not limited to any berms dram ways swales ditches or gutters
for surface water in accordance with the Cypress Grove Landscape Guidelines
Section 4 Association s Right to Maintain Lots and Units If an Owner of any Lot fails to maintain
that Lot and the improvements thereon in accordance with this Article in a manner reasonably satibfdc,tory
to the Board in its sole discretion the Board shall gne written notice to such Owner and, if the necessary
maintenance is not completed within thirty (30) days the Association shall have the right through its
agents contractors and employees to enter upon the Unit of the defaulting Owner and to repair maintain
and restore the Unit and the exterior of the budding and other improvements erected thereon in a reasonable
and good and workmanlike manner The cost of such repair maintenance or restoration shall immediately
be deemed a Specific Assessment levied by the Association against such Owner and such Owner's Unit
shall become the personal obligation of such Owner and shall become a lien against such Unit enforceable
in accordance with Article X in the event of an emergency (as so deemed by the Board in its reasonable
discretion) the Association shall have the right with or without prior notice to the Owner to enter any Lot
and Unit to make emergency repairs necessary for the proper maintenance and operation of the Property
Section 5 Maintenance of Private Access Roads The Association shall be obligated to repair and maintain
any private access roads which constitute Common Area hereunder to standards consistent with those
required for maintenance of public roads by the North Carolina Department of Transportation The costs of
such repairs and maintenance shall be deemed Common Expenses hereunder
ARTICLE VII
Lawn Maintenance and Landscape Elements
Section 1 Lawn Maintenance Lawn maintenance as more particularly described in the Cypress Grove
Landscape Guidelines, will be provided by the Association for all Lots unless Declarant by a supplemental
declaration excludes any such Lots from lawn maintenance The cost of lawn maintenance for each Lot
will be included in the Base Assessments
Section 2 Entrance Features and Siens The Association will maintain all entrance features and signs
serving Cypress Grove in accordance with this Declaration The cost of maintenance of any Cypress
Grove entrance features will be assessed by the Association
ARTICLE VIIi
Insurance and Reconstruction
Section] Insurance Obtained by the Association As and to the extent required b) the Planned Community
Act the Board on behalf of the Association shall obtain and maintain adequate and appropriate insurance
in accordance with the following provisions
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A Property Insurance The Association shall obtain and maintain at all times a policy or
policies of property insurance (ISO special form or its equivalent) covering all buildings located on the
Property in an amount not less than one hundred percent (100%) of the replacement cost of the such
buildings including all Units and insurable original interior fixtures in accordance with the plans and
specifications for the original development of the Property at the time such insurance is purchased and at
the time of each renewal thereof exclusive of the costs of excavation paving foundations and footings
with a commercially reasonable deductible Each policy shall show the Association as the named insured
but shall provide that each Owner is an insured person with respect to his Unit, and that the Association
is an insured person with respect to the Common Areas shall contain clauses providing for waiver of
subrogation against any Owner and any Owners employees or agents shall provide that it may not be
canceled or substantially modified without at least thirty (30) days prior written notice to the Association
and all insureds including all Owners and all Mortgagees shall provide that no act or omission by any
Owner will preclude recovery upon such policy and shall provide that if at the time of a loss under the
policy there is no other insurance in the name of an Owner covering the same risk covered by the policy
the Associations policy provides primary insurance Each policy shall contain an inflation guard
endorsement and a construction code endorsement if available Each policy shall provide that adjustment
of loss shall be made by the Association as insurance trustee and shall provide for the issuance of
certificates of mortgagee endorsements to all Mortgagees
B Liability Insurance The Association shall obtain and maintain a policy of commercial
general liability insurance in such limits as the Association may from time to time determine covering
each member of the Board the property manager if any and each Owner with respect to liability arising
out of the use ownership maintenance or repair of the Common Areas provided however that in no event
shall the limits of such policy ever be less than One Million and No/100 Dollars ($1 000 000 00) per
occurrence The liability insurance policy shall include endorsements covering cross liability claims of one
insured against another including the liability of the Owners as a group to a single Owner and shall provide
that it may not be cancelled or substantially modified without at least thirty (30) days prior written notice
to the Association and to all insureds including all Owners and all Mortgagees fhe Association shall
review such limits annually
C Other Insurance The Board or its duly authorized agent shall have the authority to and
shall obtain and maintain in effect such other insurance coverages as may be required by any Agency and
such other insurance coverages as the Board shall determine from time to time to be desirable specifically
including without limitation directors and officers liability insurance fidelity insurance performance
bonds payment on labor and material bonds and maintenance bonds
Section 2 Premiums and Deductibles Premiums upon insurance policies purchased by the Association
shall be paid by the Association and charged as an expense of the Association In the event any Owner fails
or refuses to pay assessments needed to pay insurance premiums or deductibles when due the Association
may pay said premium or deductible and levy against the nonpaying Owner a Specific Assessment as set
forth in Article X which shall be an amount due of those amounts and shall be a lien upon the Unit until
paid in full The amount of the said assessment may include not only the actual cost of the premiums and
any late payment fees the cost of the deductibles but also an administrative charge payable to the
Association interest and any and all attorneys fees incurred in connection with the collection of such
assessments penalties and fees
In the event of a loss or damage to a Unit or Common Areas which may be covered by any
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BK 4701 PG 2528 DOC# 20058354
insurance maintained by the Association the deductible shall be paid as a Common Expense of the
Association In the event of a loss or damage to any part of a Unit or Units which an Owner is obligated
to maintain repair or replace which may be covered by any insurance maintained by the Association the
deductible shall be paid by the Owners affected Whenever a loss or damage occurs to the Common Area
and a Unit or multiple Units and such loss or damage may be covered by any insurance maintained by the
Association the deductible shall be paid on a pro rata basis based on the amount of the covered loss or
damage received by the Owners and Association as they are affected For example if a covered loss or
damage occurs in the total amount of One Hundred Thousand and No/100 Dollars ($100 000 00) with a
Sixty Thousand and No/100 ($60 000) loss to the Common Area, a Ten Thousand and No/100 Dollars
($10 000 00) loss to unit A and a Thirty Thousand and No/100 Dollars ($30 000 00) loss to unit B the
Association shall pay sixty percent (60%) of the deductible as a Common Expense Unit Owner A will
pay ten percent (10%) of the deductible and Unit Owner 3 will pay the remaining thirty percent (30%
of the deductible
Section 3 General Standards All insurance policies maintained by the Association under this Article shall
comply with the terns of N C G S §47F 3 113 and shall be written with a company or companies licensed
to do business in the State of North Carolina and holding a rating of A or better in Best s Insurance Guide
In the event a company with at least such a rating is not available such insurance is to be obtained from a
company with the highest rating available in Bests Insurance Guide Upon request duplicate originals of — all such policies or certificates of insurance shall be furnished to all Owners and Mortgagees
Section 4 Owners Insurance it shall be the responsibility of each Owner at such Owners expense to
maintain additional fire and casualty and extended coverage insurance upon the Owner s personal property
and any alterations or other improvements made to the Unit, and public liability insurance Each Owner
shall obtain and maintain liability insurance in the amount of at least One Hundred Thousand and No/100
Dollars ($100 000 00) per occurrence In addition an Owner may obtain such other and additional
insurance coverage on and in relation to the Owner's Unit as the Owner in the Owner s sole discretion
shall conclude to be desirable Howe,6er no such insurance coverage obtained by the Owner shall operate
to decrease the amount which the Board on behalf of all Owners may realize under any policy maintained
by the Board or otherwise affect any insurance coverage obtained by the Association or cause the
diminution or termination of that insurance coverage An Owner shall be liable to the Association for the
amount of any such diminution of insurance proceeds to the Association resulting from insurance coverage
maintained by the Owner and the Association shall be entitled to collect the amount of the diminution
from the Owner as if the amount were an Individual Assessment with the understanding that the
Association may impose and foreclose alien for the payment due Any insurance obtained by an Owner
shall include a provision waiving the particular insurance company right of subrogation against the
Association and other Owners including Declarant should Declarant be the Owner The Board may
require an Owner to file copies of such policies with the Association within thirty (30) days after purchase
of the coverage to eliminate potential conflicts with any master policy carried by the Association
Section 5 Distribution of Insurance Proceeds All policies of property insurance procured by the
Association shall provide that all losses shall be adjusted with and all proceeds shall be payable to the
Association as insurance trustee The Association shall have exclusive authority to negotiate any and all
losses under such policies and the Association is hereby irrevocably appointed as agent and attorney in
fact for each Owner to adjust all claims arising under such policies and to execute and deliver releases upon
the payment of claims The sole duty of the Association as insurance trustee shall be to receive such
proceeds as are paid and to hold the same in trust of the purposes set forth herein and for the benefit of the
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BK 4701 PG 2529 DOC# 20058354
Owners and their Mortgagees in the following shares
A Proceeds on account of damage to any improvements in the Common Areas shalt be held
by the Association and apphed in the manner provided in Section 6 below
B Proceeds on account of damage to Units shall be held in undivided shares for the Owners
of damaged Units in proportion to the cost of repaving the damage to each such Owner s Umt, which cost
shall be determined by the Association
C In the event a mortgagee endorsement or certificate has been issued with respect to a Unit
the share of that Owner shall be held in trust for the owner and its Mortgagee as their respective interest
may appear
D Proceeds of insurance policies received by the Association as insurance trustee shall be
distributed to or for the benefit of the Owners in the manner provided in Section 6 below
Secuon 6 Responsibility for Reconstruction or Repair If any portion of the Property is damaged by perils
covered by property insurance maintained by the Association the Association shall cause such damaged
portions to be promptly reconstructed or repaired with the proceeds of insurance available for that purpose
if an} and any such reconstruction or repair shall he substantially in accordance with the plans and
specifications for the original development of the Property except as provided to the contrary in N C G S
§47F 3 113(g) in addition if such damage renders one or more of the then existing Units on the Property
uninhabitable the Association may with the affirmative vote of eighty percent (80%) of the votes of the
Members and the written approval of the holders of eighty percent (80%) of the mortgages or deeds of trust
then in force with respect to the Lots and with the approval of one hundred percent (100%) of the Owners
and Mortgagees of the damaged Units proposed not to be rebuilt elect not to reconstruct or repair such
damaged Units A meeting shall be called within ninety (90) days after the occurrence of such casualty
Upon dny such election the insurance proceeds attnbutable to such damage shall be promptly distributed
to the Owners whose Units were damaged or to their Mortgagees in accordance with the terms of the
mortgage covering that Lot in proportion to the reasonablt, cost of repairing damage to such Units
provided however that no Owner shal I receive any portion of his share of such proceeds until all bens and
encumbrances on his Lot have been paid released or discharged and any debris resulting from such damage
or destruction has been removed from the Property
if (a) the proceeds of insurance are not sufficient to repair damage or destruction of any part of
the Property by fire or other casualty or (b) the damage or destruction is caused by any casualty not insured
against or (c) insurance proceeds are not available for repair or reconstruction by redson of the application
of deductible clauses of applicable policies then the repair or reconstruction of any damaged improvements
within the Common Areas shall be accomplished promptly by the Association and the extent of such repairs
shall be an expense of the Association and the repair or reconstruction of any improvements contained
within any Lot shall be accomplished promptly by the Owner of the affected Lot at that Owner s expense
Section 7 Procedure for Reconstruction or Repair In thee,. ent of a casualty causing damage to any portion
of the Property the following provisions shall govern and apply
A Immediately after a casualty which causes damage to any portion of the Property the
Association shall obtain or cause the affected Owners to obtain reliable and detailed estimates of the cost
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BK 4701 PG 2530 DOC# 20058354
to place the damaged property in condition as good as that before the casualty Such costs may include
professional fees and premiums for such bonds as the Board deems necessary
B If the proceeds of the casualty insurance are not sufficient to defray the estimated costs of
reconstruction and repair by the Association (including the professional fees and premiums if any) one or
more special assessments shall be made against all Owners of the affected Lots (with respect to any
deficiency in insurance proceeds for damage or destruction to Units or other improvements on Lots) or all
Owners (with respect to any deficiency in insurance proceeds for damage or destruction to the Common
Areas or the improvements thereon) in sufficient amount to provide funds for the payment of such costs
and the proceeds of such special assessments shall be deposited with the Association provided however
that the Association may borrow funds to pay for such costs with the assent of eighty percent (80/6) of the
members of the Association voting at a meeting duly called for such purpose
C The proceeds of the property insurance referred to in Section l (A) and the sums deposited
with the Association from collections of special assessments proceeds of authorized loans as provided in
Section 7(B) shall constitute a construction fund which shall he held by the Association and applied to the
payment of the cost of reconstruction and repair of the Propert) from time to time as the work progresses
but not more frequently than once in any calendar month The Association shall make such payments upon
a certificate dated not more than fifteen (15) days prior to such request, signed by an architect in charge of
the work who shall be selected by the Association certifying that the sum then requested is justly due to
contractors subcontractors materialmen architects or other persons who have rendered services or
furnished materials in connection with the work giving a brief description of the services and materials
and certifying that the sum requested does not exceed the value of the services and materials described in
the certificate It shall be presumed that the first monies disbursed in payment of such costs of
reconstruction and repair Shall be from insurance proceeds and if there is a balance in any construction
fund after payment of all costs of the reconstruction and repair for which the fund is established such
balance shall be disbursed to the Association which may use such excess funds for any purpose not in
violation of this Declaration in the sole discretion of the Board
ARTICLE IX
Party Walla
Section 1 General Rules of Law to Apply Each wall that is built as a part of the original construction of the
Units upon the Properties and placed on the dividing line between the Units shall constitute a party wall and
to the extent not inconsistent with the provisions of this Article the general rules of law regarding party walls
and of liability for property damage due to negligence or willful acts or omissions shall apply thereto If any
portion of the original structures constructed on each Lot, including any party wall any extension of d party
wall or any common fence protrudes over an adjoining Lot, or into the Common Area, such structure wall or
fence shall be deemed to be a permitted encroachment upon the adjoining Lot or Common Area, and the
Owners and the Association shall neither maintain any action for the removal of the encroaching structure wall
or fence nor any action for damages If there is a protrusion as described in the immediately preceding
sentence it shall be deemed that the affected Owners or the Association have granted perpetual easements to
the adjmnmb Owner or Owners for continuing maintenance and use ofthe encroaching structure wall or fence
The foregoing provision also shall apply to any replacements in conformance with the original structure wall
or fence constructed by Declarant The provisions of this Section I shall be perpetual in duration and shall not
be affected by an amendment of this Declaration
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Section 2 Sharing of Repair and Maintenance, The cost of reasonable repair and maintenance of a party
wall shall be shared by the Owners who make use of the wall in proportion to such use
Section 3 Destruction by Fire or other Casualty If a party wall is destroyed or damaged by fire or other
casualty any Owner who has used the wall may restore it, and if the other Owners thereafter make use of
the wall they shall contribute to the cost of restoration thereof in proportion to such use without prejudice
however to the right of any such Owners to call for a larger contribution from the others under any rule of
law regarding liability for negligent or willful acts or omission
Section 4 Weatherproofing Notwithstanding any other provision of this Article an Owner who by his or
her negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of
furnishing the necessary protection against such elements
Section 5 Right to Contribution Runs with Land 7 he right of any Owner to contribution from any other
Owner under this Article shall be appurtenant to the land and shall pass to such Owner s successors in title
Section 6 Easement and Right of Entry for Repair, Maintenance and Reconstruction Every Owner shall
have an easement and right of entry upon the Lot of any other Owner to the extent reasonably necessary to
perform repair maintenance, or reconstruction of a party wall Such repair maintenance or reconstruction
shall be done expeditiously and upon completion of the work the Owner shall restore the adjoining Lot or
Lots to as near the same condition as that which prevailed prior to commencement of the work as is reasonably
practicable
ARTICLE X
Covenants for Assessments
Section i Creation of Lien and Personal Obligation of Assessments Each Lot Owner covenants and
agrees to pay to the Association the following assessments as applicable (collectively the Assessments )
1) Base Assessments 2) Special Assessments 3) Specific Assessments 4) Insurance Assessments and 5)
Working Capital Assessments
All assessments together with interest from the due date of such assessment at a rate determined by the
Board (not to exceed the highest rate allowed by North Carolina law) late charges costs and reasonable
attorneys fees shall be a charge and continuing lien upon each Lot against which the assessment is made
until paid Each such assessment together with interest late charges costs and reasonable attorneys fees
also shall be the personal obligation of the person who was the Owner of such Lot at the time the assessment
arose Upon a transfer of title to a Lot the grantee shall be jointly and severally liable for any assessments
and other charges due at the time of the conveyance However no first mortgagee who obtains title to a
Lot by exercising the remedies provided in its mortgage or deed of trust or any individual obtaining title
by or through a foreclosure shall be personally liable for unpaid assessments which accrued prior to such
acquisition of title In the event of any transfer of title to a Lot the lien of the assessment shall not be
extinguished
Assessments levied by the Association shall be used for improvements and maintenance of the Common
Area improvements and maintenance of the Lawn Maintenance and Landscape Elements on Lots payment
of utilities associated with the Lawn Maintenance and Landscaping Elements enforcing this Declaration
paying taxes insurance premiums legal and accounting fees governmental charges establishing working
capital paying dues and assessments to any organization of which the Association is a member including
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those required under the Maintenance Agreement and doing any other things necessary or desirable in the
opinion of the Association to maintain the Property and the Lawn Maintenance and Landscape Elements to
community wide standards and for such other expenditures as approved by the Board to promote the
recreation health safety and welfare of the Owners and residents of the Property
Section 2 Base Assessments At least ninety (90) days before the beginning of each fiscal year the Board
shall adopt a proposed annual budget as follows
A Budget for the Base Assessments for Lots within Cypress Grove consisting of the
annual cost of improvements and maintenance of the Lawn Maintenance and Landscape Elements as
said term is defined in Article I improvements and maintenance of any Common Area payment of utilities
associated with the Lawn Maintenance and Landscaping Elements enforcing this Declaration paying
taxes insurance premiums legal and accounting fees governmental charges and establishing working
capital paying dues and assessments to any organization of which the Association is a member including
those required under the Maintenance Agreement and doing any other things necessary or desirable in the
opinion of the Association to maintain the Property and the Lawn Maintenance and Landscape Elements to
community wide standards and for such other expenditures as approved by the Board to promote the
recreation health safety and welfare of the Owners and residents of the Property
B Such other budgets as the Board deems appropriate including but not limited to an
annual capital reserve budget for maintenance and replacement of capital improvements which shall take
into account the number and nature of replaceable assets the expected life of each asset and the expected
repair or replacement cost
Within thirty (30) days after adoption of the proposed budgets for Cypress Grove the Board shall
provide to all Owners a summary of the budget and notice of a meeting to consider ratification of the
budget including a statement that the budget may be ratified without a quorum Each budget is ratified
unless at the meeting a majority of all of the Lot Owners in the Association entitled to vote on the particular
budget reject the budget All Members shall be entitled to vote on the budget for the Base Assessments
In the event a proposed budget is rejected the periodic budget last ratified by the Lot Owners shall be
continued until such time as the Lot Owners ratify a subsequent budget proposed by the Board The Base
Assessments for each Lot shall be established based on the annual budget thus adopted with all Lots
funding the budget for the lawn maintenance and landscaping provided however that the first Base
Assessments shall be set by the Declarant prior to the Lonveydnce of the first Lot to an Owner The due
date for payment shall be established by the Board The Board shall have the authority to require the
Assessments to be paid in periodic installments The Association shall upon demand and for a reasonable
charge furnish a certificate signed by an officer of the Association setting forth whether the Assessments
on a specified Lot have been paid
Section 3 . Special Assessments In addition to the Base Assessments the Association may levy Special
Assessments to cover unbudgeted expenses or expenses in excess of those budgeted The Board may
establish the amount of the Special Assessment if it is One Hundred Dollars ($10000) or less in any
assessment year for each Member Except as otherwise specifically provided herein any Special
Assessment greater than One Hundred and ho1100 Dollars ($100 00) shall require the affirmative vote or
written consent of one half(1/2) of the Members which will be subject to such Special Assessment, and the
affirmative vote or written consent of the Class B Member if such exists Special Assessments shall be
payable in such manner and at such times as determined by the Board and may be payable in installments
extending beyond the fiscal year in which the Special Assessment is approved
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Section 4 Specific Assessments The Association shall also have the power to levy Specific Assessments
against a particular Lot as follows
A to cover the costs including overhead and administrative costs of providing services to
the Lot upon request of an Owner pursuant to any menu of special services which may be offered by the
Association Specific Assessments for special services may be levied in advance of the provision of the
requested service and
B to cover costs incurred in bringing the Lot into compliance with the Cypress Grove
Governing Documents or costs incurred as a consequence of the conduct of the Owner or occupants of the
Lot their agents contractors employees licensees invitees or guests provided that to the extent required
by law or the By Laws the Board shall give the Owner prior notice and an opportunity for a hearing before
levying any Specific Assessment under this subsection
Section 5 Insurance Assessments All premiums on insurance policies purchased by the Board or its
designee and any deductibles payable by the Association upon loss shall be a Common Expense and the
Association may at any time levy against the Owners equally an insurance Assessment in addition to
the Base Assessments which shall be in an amount sufficient to pay the cost of all such deductibles and
insurance premiums not included as a component of the Base Assessment
Section 6 Working Capital Assessments At the time title to a Lot is conveyed the purchaser shall pay a
contribution in an amount equal to one (1) year of the then -current annual assessment to the Association as
working capital to be used for operating and capital expenses of the Association including but not limited
to allocations to reserves for maintenance and replacement of capital improvements and the maintenance
of Common Areas Such amounts paid for working capital are not to be considered as advance payment of
the Base Assessments or any other assessments
Section 7 Rate of Assessment The Association may differentiate in the amount of assessments charged
for Cypress Grove when a reasonable basis for distinction exists, such as between vacant Lots of record
and Lots of record with completed dwellings for which certificates of occupancy have been issued by the
appropriate governmental authority or when any other substantial difference as a ground of distinction
exists between Lots Provided however that Assessments must be fixed at a uniform rate for all Lots
similarly situated
Section 8 Commencement of Assessments Assessments for each Lot shall commence upon the date of
acceptance by an Owner of a deed from Declarant Provided that Stevens shall not be obligated to pay
Assessments for Lots they own Declarant and/or its successors and assigns shall not be obligated to pay
Assessments (but Declarant and/or its successors and assigns at its option may subsidize the Association
until the Association has sufficient revenues)
Section 9 Effect of Nonpayment of Assessments and Remedies of the Association Any Assessment or
installment thereof not paid within thirty (30) days after the due date shall bear interest from the due date
at the highest rate allowable by law The Association may bring an action at law against the Owner
personally obligated to pay the same or foreclose the lien against the Owner's Lot No Owner may waive
or otherwise escape liability for the Assessments provided for herein by abandonment of his Lot All unpaid
installment payments of the Assessments shall become immediately due and payable if an Owner fails to
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pay any installment within the time permitted The Association may also establish and collect late fees for
delinquent installments
Section 10 Lien for Assessments The Association may file a lien against a Lot when any Assessment
levied against said Lot remains unpaid for a period of thirty (30) days or longer
A The lien shall constitute a hen against the Lot when and after the claim of lien is filed of
record in the office of the Clerk of Superior Court of the county in which said Lot is located The Association
may foreclose the claim of lien in like manner as a mortgage on real estate under power of sale under Article
2A of Chapter 45 of the General Statutes Fees charges late charges fines interest and other charges
imposed pursuant to Sections 47F 3 102 47F 3 107 47F 3 107 1 and 47F 3 115 of the Act are
enforceable as Assessments
B The ben under this section shall be prior to all hens and encumbrances on a Lot except (1)
liens and encumbrances (specifically including but not limited to a mortgage or deed of trust on the Lot)
recorded before the docketing of the claim of lien in the office of the Clerk of the Superior Court, and (2)
liens for real estate taxes and other governmental assessments and charges against the Lot
C - The lien for unpaid assessments is extinguished unless proceedings to enforce the hen are
instituted within three years after the docketing of the claim of lien in the office of the Clerk of Superior
Court
D Anyjudgment decree or order in any action brought under this section shall include costs
and reasonable attorneys fees for the prevailing party
E Where the holder of a first mortgage or deed of trust of record or other purchaser of a Lot
obtains title to the Lot as a result of foreclosure of a first mortgage or first deed of trust, such purchaser and
its heirs successors and assigns shall not be liable for the Assessments against the Lot which became due
prior to the acquisition of title to the Lot by such purchaser The unpaid assessments shall be deemed to be
Common Expenses collectible from all of the Lot Owners including such purchaser its heirs successors
and assigns
F A claim of hen shall set forth the name and address of the Association the name of the
record Owner of the Lot at the time the claim of lien is filed a description of the Lot, and the amount of the
I en claimed
Section 11 Failure to Assess failure of the Board to fix assessment amounts or rates or to deliver
or mad each Owner an assessment notice shall not be deemed a waiver modification or a release or any
Owner from the obligation to pay assessments In such event each Owner shall continue to pay
Assessments on the same basis as for the last year for which an assessment was made if any until a new
assessment is made at which time the Association may retroactively assess any shortfalls in collections
ARTICLE XI
Easements
A The Declarant reser%es for itself its successors assigns and the Association easements
over the Property as necessary to enable the Association to fulfill its maintenance responsibilities under this
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Declaration
B The Declarant reserves for itself its successors assigns and the Association non municipal
easement for utilities and drainage along and inside those portions of any Lot designated as Utility or
Drainage Easement on the Plat as and as otherwise noted on Plat for the purpose of installing inspecting
and repaving any dram ways swales ditches or gutters for surface water and such other utilities as the
Declarant may install in its sole discretion No structures or plantings or other materials shall be placed or
permitted to remain upon such easement areas which may damage or interfere with the installation or
maintenance of utilities orother services or which may retard obstruct, or reverse the flow of water or which
may damage or interfere with the established slope ratios or create erosion problems
C The Declarant and the Association shall also have the right but not the obligation to enter
upon any Lot for emergency security or safety reasons to perform maintenance to inspect the Lot to
ensure compliance with these protective covenants and to enforce these protective covenants The Board
and its duly authorized agents and assignees and all emergency personnel in the performance of their duties
may exercise such right Except in an emergency situation entry shall only be during reasonable hours and
after notice to the Owner
D The Declarant reserves for itself its successors assigns and the Association al I easements -
benefitting the Property including those noted in the Maintenance Agreement as to the Management
Agreement Common Area or otherw ise noted herein or on the Plat connection with the Common Areas
within the Planned Community as necessary to provide access ingress and egress to and the
installation of utilities for any Additional Property
E All easements and rights described herein are perpetual easements appurtenant running
with the land and shall inure to the benefit of and be binding on the Declarant and the Association their
successors and assigns and any Owner purchaser mortgagee and other person having an interest in the
Property or any part or portion thereof regardless of whether or not reference is madi, in the respective
deeds of conveyance or in any mortgage or trust deed or other evidence of obl igation to the easements and
rights described in this Declaration
ARTICLE XII
Rr¢hts of Developer
The Declarant shall have and there is hereby reserved to the Declarant the following rights
powers and privileges which shall be in addition to any other rights powers and privileges reserved to the
Declarant herein
A To conform this Declaration to the requirements of any law or governmental agency having
legal jurisdiction over Cypress Grove or to qualify Cypress Grove or any Lots and improvements thereon
for mortgage or improvement loans made insured or guaranteed by a governmental agency or to comply
with the requirements of law or regulations of any corporation or agency belonging to sponsored by or
under the substantial control of the United States Government or the State of North Carolina regarding
purchase or sale of such Lots and improvements or mortgage interests therein as wel I as any other law or
regulation relating to the control of property including without limitation ecological controls storm water
regulations construction standards aesthetics and matters affecting the public health safety and general
welfare A letter from an official of any such corporation or agency including without limitation the North
Carolina Department of Environmental and Natural Resources the Department of Veterans Affairs U S
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BK 4701 PG 2536 DOC# 20058354
Department of Housing and Urban Development the Federal Home Loan Mortgage Corporation
Government National Mortgage Corporation or the }ederal National Mortgage Association requesting
or suggesting an amendment necessary to comply with the requirements of such corporation or agency
shall be sufficient evidence of the approval of such corporation or agency provided that the changes
made substantially conform to such request or suggestion Notwithstanding anything else herein to the
contrary only the Declarant during the Declarant Control Period shall be entitled to amend this
Declaration pursuant to this Section Declarant may at any time alter the maximum allowable built
upon area for any Lot at any time before the Lot is conveyed by the Declarant
B To comply with the terms of the Maintenance Agreement
C Except as provided in Subsection D of this Article X11 additional residential property and
Common Area may be annexed to the Property only with the consent of the Members entitled to cast
two-thirds (2/3) of the votes each of the Class A and Class B Members of the Association who are voting
in person or by proxy at a meeting duly called for such purpose provided however during Declarant s
Control Period Declarant must also consent to such action
D All or any portion of the Additional Property may be annexed by the Declarant without the
consent of Members within ten (10) years of the date of this instrument Declarant shall have no obligation
of any kind to annex any or all of the Additional Property and should Declarant elect to annex all or any
portion of the Additional Property Declarant shall have no obligation of any kind to annex the Additional
Property in any particular sequential order Should Declarant elect to annex all or any portion of the
Additional Property and accordingly to subject such property to the terms and conditions of this
Declaration with regard to all or any part of the Additional Property annexed by Declarant to make such
complementary additions and/or modifications of the covenants and restrictions contained in this
Declaration as may be necessary or convenient in the solejudgment of the Declarant, to reflect the different
character if any of the added properties and as are not inconsistent with the plan of this Declaration but
such additions and/or modifications shall have no effect upon the properties previously subjected to this
Declaration With regard to any portion of the Additional Property not annexed by Declarant, Declarant
makes no representations with regard to the use of such property or the exterior appearance design size or
intended purpose of any improvements now or hereafter erected on such property
E Subject to the terms and conditions of this Declaration and so long as it has a right to
annex additional property Declarant may withdraw and remove property then owned by the Declarant
its affiliates or the Association from the coverage of these protective covenants to the extent originally
included in error or as a result of any changes to the Declarants plans for the Property provided such
withdrawal is not unequivocally contrary to the overall uniform scheme of development for the
Property
F This Declaration may be amended unilaterally without the approval of any Lot Owners
by the Declarant (or the Board in the case of sub paragraphs 11 111 IV V and VI hereof) as follows
In any respect on or before December 31 2030 provided Declarant retains
ownership of any Lot, provided the amendment does not materially alter or change
any Owner's right to the use and enjoyment of such Owner's Lot and does not
adversely affect the title to any Lot
11 To the extent this Declaration applies to Additional Property including but not
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BK 4701 PG 2537 DOC# 20058354
limited to amendments to add additional classes of Membership to the
Association to add or alter lawn Maintenance and Landscape Elements or
Common Area, and to establish minimum square footage and other standards for
structures
iII To correct any obvious error or inconsistency in drafting typing or
reproduction
IV To qualify the Association or the Property and Additional Property or any portion
thereof for tax exempt status
V To incorporate or reflect any platting change as permitted by this Article or as
otherwise permitted herein
VI In any respect as to the Maintenance Agreement provided the amendment does
not materially alter or change any Owner s right to the use and enjoyment of such
Owners Lot and does not adversely affect the title to any Lot
F - So long as the Declarant or its designee shall retain ownership of any Lot it may utilize
any such Lot for offices models, or other purposes relating to the development, construction sale or rental of
Lots and dwellings located within Cypress Grove Additionally in connection with any of the above activities
the Declarant and its agents shall have the right to park vehicles and to display commercial materials (including
without limitation signs advertisements or other promotional materials) on any street or within the right of
way thereof The Declarant may assign this limited commercial usage right to any other person or entities as
it may choose
ARTICLE XIII
Lots Subiect to Declaration
The covenants and restrictions contained in this Declaration are for the purpose of protecting the value
and desirability of Cypress Grove and the Lots All present and future owners, tenants and occupants of the
Lots and their guests or invitees shall be subject to and shall comply with the provisions of this Declaration
and the Maintenance Agreement as they may be amended from time to time The acceptance of a deed of
conveyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute an
agreement that the provisions of the Declaration are accepted and ratified by such Owner tenant or occupant
The Covenants and Restrictions of this Declaration shall run with and bind the land and shall bind any person
having at any time any interest or estate in any Lot, their heirs successors and assigns, as though such
provisions were made a part of each and every deed of conveyance or lease for a term of twenty (20) years
from the date this Declaration is recorded after which time they shall be automatically extended for successive
penods of ten (10) years unless an instrument signed by eighty percent (W/o) of the then Lot Owners has been
recorded within the year preceding any extension agreeing to terminate this Declaration in which case it shall
terminate as of the date specified in such instrument Nothing in this Section shall be construed to permit
termination of any easement created in this Declaration without the consent of the holder of such easement
ARTICLE XIV
Enforcement and Remedies
Enforcement of these covenants shall be by proceedings at law or in equity against any person or
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BK 4701 PG 2538 DOC# 20058354
persons violating or attempting to violate any covenant and the aggrieved parry whether it be a Lot Owner
or the Association may request restraint of the violation or damages resulting from said violation
The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable (by
proceedings at law or in equity) by the Association or the Owner of any Lot their respective legal
representatives heirs successors and assigns The Board shall be entitled to enforce its Articles of
Incorporation Bylaws and Rules and Regulations In addition to the remedies otherwise provided for herein
concerning the collection of Assessments the following remedies shall be available
A Association to Remedy Violation In the event an Owner (or other occupant of a Lot) is in
violation of or fails to perform any mamtename or other activities required by this Declaration the
Association s Bylaws Articles of incorporation or Rules and Regulations the Board after providing notice
may enter upon the Lot and remedy the violation or perform the required maintenance or other activities dll
at the expense of the Owner Provided however that the Board shall not be required to provide notice in
the event of an emergency in accordance with Section VI (4) of this Declaration The full amount of the cost
of remedying the violation or performing such maintenance or other activities shall be chargeable to the Lot,
including collection costs and reasonable attorneys fees Such amounts shall be due and payable within
thirty (30) days after Owner is billed If not paid within said thirty (30) day period the amount thereof may
immediately be added to and become apart of the Base Assessment levied against said Owners Lot In the
event that any maintenance activities are necessitated to any Common or Limax d Common Elements by the
willful act or active or passive negligence of any Owner or an Owner s family guests invitees or tenants
and the cost of such maintenance repair or other activity is not fully covered by insurance then at the sole
discretion of the Board of Directors the cost of the same shall be the personal obligation of the Owner and
if not paid to the Association upon demand may immediately be added to and become a part of the Base
Assessment levied against said Owner's Lot
B Fines The Association may in accordance with the procedures set forth in the Planned
Community Act establish a schedule of and collect fines for the violation of this Declaration or of the
Association s Articles of Incorporation Bylaws or Rules and Regulations If an Owner does not pay the
fine when due the fine shall immediately become a part of and be added to the Base Assessment against
the Owner's Lot and may be enforced by the Association as all other Assessments provided for herein
C Suspension of Services and Privileges The Association may in accordance with the
procedures set forth in the Planned Community Act suspend all services and privileges provided by the
Association to an Owner (other than rights of access to Lots) for any period during which any Assessments
abaiirst the Owner's Lot remain unpaid for at least thirty (30) days or for any period that the Owner or the
Owners Lot is otherwise in violation of this Declaration or the Associations Articles of Incorporation
Bylaws or Rules or Regulations
D Miscellaneous Failure by the Association or by an Owner to enforce any covenant or
restriction in this Declaration as the same may be amended from time to time shall in no event be deemed
a waiver of the right to do so thereafter The remedies provided herein are cumulative and are in addition to
any other remedies provided by law
ARTICLE XV
Amendments
Except in cases of amendments that may be executed by the Declarant or the Board as provided in
Article XII or by certain Lot Owners under Section 47F 2 118(b) of the Planned Community Act this
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BK 4701 PG 2539 DOC# 20058354
Declaration may be amended by affirmative vote or written agreement signed by Owners of Lots to which
at least sixty seven percent (67%) of the votes in the Association are allocated or by the Declarant if
necessary for the exercise of any Special Declarant Right or development or other right reserved to the
Declarant herein
ARTICLE XVI
Severabthri
Invalidation of any one of these covenants or any part thereof byjudgment or court order shall in
no way affect any of the other provisions which shall remain in full force and effect and the failure of any
person or entity to take action to enforce these covenants shall not be construed as a waiver of any future
enforcement rights
ARTICLE XVII
North Carolina Planned Community Act
It is the intent of the Declarmit to comply with the requirements imposed on the Property by the
North Carolina Planted Community Act and to the extent any of the terms of this Declaration violate the
Act the terms of the Act shall control
[SIGNATURE PAGES TO FOLLOW]
Page 30 of 35

BK 4701 PG 2540
DOC# 20058354
IN WITNESS WHEREOF Cypress Grove Partners LLC has caused this instrument to be duly
executed as of the day and year first written above
Cypress Grove Partners LLC
a North Carolina limited liability company
By ,0
Name 'Ihomas3 Rawl
Tale Manager
State of North Carolina
County of tjew 44 /lo r t-f-
I certify that the following person personally appeared before me this day acknowledging tome that he or
she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated
ThomasJ Rawl it
roday s Date JCI AAUV 2020
,pdvo fj""ti.
a 1,� d0
Nunoo renouoH ,"
3110nd AjoloN
[Affix Notary Seal in Space Above]
[Notary s signature as name mars on
[Notary s printed name as n1mb appears on seal[
My commission expires Vn 4" al 20,;� 14
Page 31 of 35

BK 4701 PG 2541 DOC# 20058354
CONSENT OF MORTGAGEE
First Bank is the holder of that certain Deed of Trust Securing Future Advances recorded on August
15 2018 in Book 4670 Page 1367 of the Office of the Register of Deeds of Pender County (the Deed of
Trust ) The Deed of Trust includes the Property as described in the foregoing Declaration of Covenants
Conditions and Restrictions for Cypress Grove Townhomes (the Declaration ) As holder of said Deed
of Trust First Bank does hereby consent to the terms conditions and covenants in the Declaration and
agrees that the lien of said Deed of Trust is subject to the terms conditions and covenants contained in said
Declaration
In witness whereof FIRST BANK has taus d.chis Consent of Mortgagee to be signed in its
corporate name by its duly authorized Agent this the _ day of .1tU.0 2020
FIRST BANK
Name
i►�.3�a
State of North Carolina
County of Bruxswi t l'.
I certify that the following person personally appeared before me this day acknowledging to me that he or
she voluntarily signed the foregoing document for the purpose stated therem and in the capacity indicated
rr
Today s Date JET 1 2020 VVt�.v�.J1-� (Z.,� ct;
[]Votary s signature as name appears on seal]
AMFnda EVavv3
AMANDA EVANS [Notary s printed name as name appears on seal]
NOTARY PUBLIC
Brunswick County My commission expires $ 17 20 ZO
North "Z441,
My Commission Expires
[Affix Notary Seal in Space Above]
Page 32 o€35

BK 4701 PG 2542 DOC# 20058354
CONSENT OF MORTGAGEE
Thomas Nelson 6 LLC and W Merfette Moore are the holders of that certain Deed of Trust
recorded on April 25 2018 in Book 4663 Page 1197 of the Office of the Register of Deeds of Pender
County (the Deed of Trust ) The Deed of Trust includes the Property as described in the foregoing
Declaration of Covenants Conditions and %tr*ictions for Cypress Grove Townhomes (the Declaration )
As holder of said Deed of Trust XXXXIM does hereby consent to the terms conditions and covenants in
the Declaration and agrees that the hen of said Deed of Trust is subject to the terms conditions and
covenants contained in said Declaration ***THOMAS NELSON 6, LLC
AND W MERRETTE MOORE
In witness whereof Thomas Nelson 6 LLC and W Merrette Moore has caused thisCppnsent of
Mo!Jagee to be signed in its corporate name by its duly authorized Agent this the ay of
_—L2k�_ 2020
THOMAS NELSON 6 LLC
By
Name
Title
State of North Carolina
County of New �t rwi fr
I certify that the following person personally appeared before me this day acknowledging to me that he or
she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated
Tads Tkrrne r
Today s Date 3-U- u `- 2020
[Notary s signature as nat t ppears on sear
C1
`Q, � p 1� [Notary s printed name is name appears on seal)
O moo o6j = My commission expires 20 a 4
'mi
[AffiPts'{h Space Above]
Page 33 of 35

BK 4701 PG 2543 DOC# 20058354
BY U Y Y X-C-7 QCr,
Name W MERRETfE MOORE
State of North Carolina
County of b)Q wy lAoLno JR e—
I certify that the following person personally appeared before me this day acknowledging to me that he or
she voluntarily signed the fore omg document for the purpose stated therein and in the capacity indicated
W Mgr ;A e
Today s Date ^-AJ &-!2j Q , 2020 l
t� [Notary s signature as nanfe ap seal]
"0%Imnutuiiii� L aC� . ' ! L
PNt}ON �� [Notary s pnntedt name as rl Gappears on seal]
TJ F
oyo2 My commission expires —a 7
=T 9 C O�
[Afr*,T, Zary'Seal in Above]
Above]
',',� "fit muus�```\`
Page 34 of 35

BK 4701 PG 2544 DOC# 20058354
I-W.Wi 'fl-TH 1
ALL of the land shown on the plat entitled TOWNHOME PLAT OF CYPRESS GROVE recorded in
Map Book 64 Pages 126 128 inclusive in the Office of the Register of Deeds of Pender County North
Carolina (the Property )
Page 35 of 35

LIMITED LIABILITY COMPANY ANNUAL REPORT
■
012017
NAME OF LIMITED LIABILITY COMPANY CvDress Grove Partners LLC
SECRETARY OF STATE ID NUMBER 1670891 STATE OF FORMATION NC
REPORT FOR THE CALENDAR YEAR 2021
SECTION A
1 NAME OF REGISTERED AGENT Rawl Thomas J
2 SIGNATURE OF THE NEW REGISTERED AGENT
E Filed Annual Report
1670891
CA202102201371
1/22/2021 09 00
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3 REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4 REGISTERED AGENT OFFICE MAILING ADDRESS
2030 Eastwood Suite 5 2030 Eastwood Suite 5
Wilmington NC 28403 New Hanover County Wilmington NC 28403
SECTION B PRINCIPAL OFFICE INFORMATION
1 DESCRIPTION OF NATURE OF BUSINESS Land Development
2 PRINCIPAL OFFICE PHONE NUMBER [phone] 3 PRINCIPAL OFFICE EMAIL Privacy Redaction
4 PRINCIPAL OFFICE STREET ADDRESS
2030 Eastwood Road Suite 5
5 PRINCIPAL OFFICE MAILING ADDRESS
2030 Eastwood Road Suite 5
Wilmington NC 28403 Wilml
6 Select one of the following If applicable (Optional see Instructions)
❑ The company is a veteran -owned small business
❑ The company is a service -disabled veteran -owned small business
SECTION C COMPANY OFFICIALS (Enter additional company officials in Section E )
NAME Thomas Rawl NAME
TITLE Manager TITLE
ADDRESS ADDRESS
2030 Eastwood Suite 5
Wilmington NC28403
NC 28403
NAME
TITLE
ADDRESS
SECTION D CERTIFICATION OF ANNUAL REPORT Section D must be completed in its entirety by a person/business entity
Thomas Rawl 1/22/2021
SIGNATURE DATE
F rn must be g ad by a Comp y Official listed d Sect o C f This form
Thomas Rawl Manager
Print or Type Name of C mpany Official P nt or Typ Title of Company Official
This Annual Report has been filed electronically
MAIL TO Secretaryof State Bus n es Registration Dmsw Post Office Bo 29525 R I igh NC 27626-0525