SW8100807_CURRENT PERMIT_20210927

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 10 OS o�
DOC TYPE
1�p CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2o21092-)
YYYYMMDD

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ROY COOPER
co�
FI IZABETH S. BISEP
fir'
BR1AN WRENN
Dhvmr
September 27, 2021
South Side Developers, Inc.
Attn: Jamie Malpass, President
946 Livingston Chapel Road
Delco, NC 29436
NORTH CAROUNA
EW*= NfflWQMW11y
Subject: Permit Renewal
State Stormwater Management Permit No. SW8 100807
Bristol Bay
Columbus County
Dear Mr. Malpass:
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality
(DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will
remain in older stormwater permits issued prior to August 1, 2013 until they are modified Please note that this permit
will now reference DEMLR as the Division responsible for issuance of the permit.
The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for
the subject project on September 9, 2021. The Division is hereby notifying you that permit SW8 100807 has been
renewed on September 27, 2021, and shall be effective until December 31, 2029. For your records, please find
enclosed a renewed, updated, and re -issued permit and a copy of the renewal application. Please keep this permit on
file at all times. Please note that the renewed, updated, and re -issued permit does not 'impose new or different terms; it
merely. restates some of the previous terms to provide you with a better understanding of your obligations under the
pin
The renewal and reissaance of this stormwater permit does not imply that the site is currently in compliance with the
terms and: conditions of this state stormwater permit The plans originally approved on September 23, 2010 and most
recently modified December 7, 2012, will remain in full force and effect in accordance with the regulations set forth in
Title 15A NCAC 2H.1000.
This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the
conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed
restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit Failure to establish
an adequate system for operation and maintenance of the stormwater management system, to retard deed restrictions,
to transfer the permit, or to renew the permit, will result in future compliance problems.
if any parts, requirements, orlimitationscontained in this permit are unacceptable, you have,the right to request an
adjudicatory hearing byfiling 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 Maul Service Center; Raleigh, NC 27699-6714, or
via telephone at 919-431-3000, 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, need additional copies of the permit or approved plans, please contact Ashley Smith in the
Wilmington Regional Office, at [phone] or [e-mail].
Sincerely, �j e (�
l� rt �Q l7tMlX
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
... �` North Cmflra oeparmuntof &wVonmerttal Q=r I Division ofEnow M inand land gesanus
S12 North saflsWry street 11612 KW service Center I;Weigh. North Carolina +� - 919.707.9200

State Stormwater Permit No. SW8 100807
Page 2 of 2
Enclosures: Attachment C — Permitting History
Renewal Application Doaurnents
DES/am: %Stormwater\Permits & Projects\2010\100807 HD\2021 09 permit 100807
a: Justin C. Bishop PE; Malpim Engineering & Surveying P.C.; 1134 Shipyard Blvd; Wilmington, NC 28412
NCDEQ-DEMUR Wilmington Regional Office
North Camlma Department of F.nvhavomtal Qualay I DIYW=of Energy, Mineral and land Resour¢s
sQ North saiLsbury street 1 1612 Mail sen4m Cemer I Raleigh, Nord, Carolina 77699-1612
919.707.9200

State Stormwater Management Systems
Permit No. SW8 100807
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
South Side Developers, Inc.
Bristol BaySubdivision
McRae Lane, Lake Waccamaw, Columbus County
FOR THE
construction, operation and maintenance of two wet detention ponds in compliance with the provisions
of 15A NCAC 2H .1000, effective September 1, 1995 (hereafter referred to as the "stormwater rules')
and the approved stormwater management plans and specifications and other supporting data as
attached and on file with and approved by the Division of Energy, Mineral and Land Resources (the
"Division" or "DEMLR") and considered an enforceable part of this permit.
This permit shall be effective from the date of issuance until December 31, 2029, and shall be subject
to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.5 of this permit. The subdivision is permitted for 22 lots, each allowed a
maximum of 5,500 square feet of built -upon area.
3. The runoff from all built -upon area within the permitted drainage area(s) of this project must be
directed into the permitted stormwater control system.
4. The overall tract will be limited to a maximum of 162,114 square feet of built -upon area. Each
of the wet ponds is limited to that specific drainage area and built -upon area amount as per
Section 1.5 of this permit. The wet ponds designated as Pond 1 and Pond 2, have been
designed to treat the runoff from 122,101 square feet and 40,013 square feet of Built -Upon
Area, respectively.
Page 1 of 6

State Stormwater Management Systems
Permit No. SW8 100807
The following design elements have been permitted for each wet detention pond stormwater
facility, and must be provided in the system at all times.
a.
c.
d.
e.
f.
9
h.
l
k.
I.
M.
n.
o.
p
Drainage Area, acres:
Onsite, ft2:
Offsite, ft2:
Total Impervious Surfaces, ft2:
ONumber of Lots
Lots at 5,500 ft2:
Roads/Parking, ft2:
Other, ft2:
Offsite, ft2:
Average Pond Depth, feet:
TSS removal efficiency:
Design Storm:
Permanent Pool Elevation, FMSL:
Permitted Surface Area @PP, ft2:
Permitted Storage Volume, ft3:
Temporary Storage Elevation, FMSL:
Controlling Orifice, inches:
Permanent Pool Volume, ft3:
Forebay Volume, ft3:
Maximum Fountain Horsepower:
Receiving Stream / River Basin:
Stream Index Number:
Classification of Water Body:
Pond 1
Pond 2
8.75
2.1
381,099
91,433
0
0
122,101
40,013
17
5
93,500
27,500
28,569
12,481
32
32
0
0
3.5
3.0
90%
90%
1.0
1.0
92.75
92.50
35.490
6,329
40,087
6,353
93.75
93.30
2"0 pipe
1.0"0 pipe
122,497
14,542
26,048
3,049
1 /3
n/a
UT at Wananish / LBR56
15-2-2
„C SW+„(Z
O Lots 1-17 drain to Pond #1; Lots 18-22 drain to Pond #2.
OThis project ultimately drains to Lake Waccamaw, class ORW. The "+" designation in the
classification requires the design of the BMP to meet the ORW criteria.
It. SCHEDULE OF COMPLIANCE
1. The permittee is responsible for verifying that the proposed built -upon area for the entire lot
does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the
built -upon area may not be revised without approval from the Division, and responsibility for
meeting the built -upon area limit is transferred to the individual property owner.
2. If an Architectural Review Board or Committee is required to review plans for compliance with
the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals
given by the Board do not relieve the homeowner of the responsibility to maintain compliance
with the permitted BUA limit.
3. The Director may notify the permittee when the permitted site does not meet one or more of
the minimum requirements of the permit. Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director for modifying the site to meet
minimum requirements. The permittee shall provide copies of revised plans and certification in
writing to the Director that the changes have been made.
4. The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
5. All stormwater collection and treatment systems must be located in either dedicated common
areas or recorded easements. The final plats for the project will be recorded showing all such
required easements, in accordance with the approved plans.
6. During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately.
Page 2 of 6

State Stormwater Management Systems
Permit No. SW8 100807
7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, a certification must be received from an appropriate
designer for the system installed certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and specifications must be noted on
the Certification. A modification may be required for those deviations.
8. If the stormwater system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to occupancy of the
facility.
9. The permittee shall at all times provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function at the design condition. The
approved Operation and Maintenance Plan must be followed in its entirety and maintenance
must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re -vegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and piping.
g. Access to all components of the system must be available at all times.
10. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR. The records will indicate the date, activity, name of person
performing the work and what actions were taken.
11. The facilities shall be constructed, operated and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division.
12. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 100807, as issued by the Division
under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, DEMLR.
e. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division.
f. The maximum built -upon area per lot is 5,500 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 pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick,
stone, slate, coquina and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
g. All runoff on the lot must drain into the permitted system. This may be accomplished
through providing roof drain gutters, which drain 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 drain into the system are not required to provide these
measures.
h. Built -upon area in excess of the permitted amount will require a permit modification.
Page 3 of 6

State Stormwater Management Systems
Permit No. SW8 100807
13. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of
the date of recording the plat, and prior to selling lots. The recorded copy must contain all of
the statements above, the signature of the Permittee, the deed book number and page, and
the stamp/signature of the Register of Deeds.
14. 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 project and the on -site
stormwater system complies with the permit conditions. Any items not in compliance must be
repaired, replaced restored, or resolved prior to the transfer. Records of maintenance activities
performed to date may be requested.
15. Decorative spray fountains are allowed in the pond, subject to the following criteria:
a. The minimum permanent pool volume is 30,000 cubic feet.
b. The fountain must draw its water from less than 2' below the permanent pool surface.
C. Separated units, where the nozzle, pump and intake are connected by tubing, may be
used only if they draw water from the surface in the deepest part of the pond.
d. The fountain may not be placed into the forebay.
e. The falling water from the fountain must be centered in the main pond, away from the
shoreline.
f. The maximum horsepower for a fountain in pond 1 is 113 horsepower. Pond 2 has a
permanent pool volume less than 30,000 cubic feet therefore is not allowed a fountain.
16. 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 project 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
project 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.
III. GENERAL CONDITIONS
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.
The issuance of this permit does not preclude the permittee from complying with and obtaining
any other permits or approvals that are required for this development to take place, as
required by any statutes, rules, regulations, or ordinances, which may be imposed by any
other Local, State or Federal government agency having jurisdiction. Any activities undertaken
at this site that cause a water quality violation or undertaken prior to receipt of the necessary
permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to
enforcement procedures pursuant to NCGS 143-215.6.
Page 4 of 6

State Stonnwater Management Systems
Permit No. SW8 100807
3. 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.
4. Permit Transfer: This permit is not transferable to any person or entity except after notice to
and approval by the Director. The permittee shall submit a completed and signed "Permit
Transfer Application Form" (available on the Division website) accompanied by the required
fee and supporting documentation as listed on the form, to the Division at least 60 days prior
to any one or more of the following events:
a. The sale or conveyance of the project area in whole or in part, except in the case of an
individual lot sale that is made subject to the recorded deed restrictions and protective
covenants;
b. The assignment or conveyance of declarant rights to another individual or entity,
C. The sale or conveyance of the common areas to a Homeowners or Property Owner's
Association, subject to the requirements of NCGS 143-214.7(c2);
d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or
NCGS 57D-6-07 and 08;
e. Bankruptcy;
f. Foreclosure, subject to the requirements of Session Law 2013-121;
5. Current Permittee Name or Address Changes: The permittee shall submit a completed
"Permit Information Update Application Form" (available on the Division website) to the
Division within 30 days to making any one or more of the following changes:
a. A name change of the current permittee;
b. A name change of the project;
C. A mailing address change of the permittee,
6. The permittee is responsible for compliance with all terms and conditions of this permit until
the Division approves the transfer request. Neither the sale of the project, in whole or in part,
nor the conveyance of common area to a third party constitutes an approved transfer of the
permit.
7. The permittee grants Division Staff permission to enter the property during normal business
hours to inspect all components of the permitted project.
8. 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 permit conditions.
9. Approved plans, application documents, supplements, calculations, operation and
maintenance agreement, and specifications for this project are incorporated by reference and
are enforceable parts of the permit. A copy of this permit, application, supplements, operation
and maintenance agreement, and approved plans and specifications shall be maintained on
file by the permittee.
10. Unless specified elsewhere, permanent seeding requirements for the on -site stormwater
system must follow the guidelines established in the North Carolina Erosion and Sediment
Control Planning and Design Manual.
11. 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.
12. 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).
Page 5 of 6

State Storrnwater Management Systems
Permit No. SM 100807
Permit renewed, updated and reissued this the 27th day of September 2021.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Cl& .o W�
nan Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 6 of 6

Attachment C - Permitting History
Bristol Bay
Permit No. SW8 100807
pliro'�
Date' `r
Ptrifi
., Action
414tiM
�i Yerston _
_ on ofthe, -.
L Changes
9/23/2010
Original
Approval
1.0
12/7/2012
Modification
1.1
Removal of two (2) lots due
south of the pond. Increasing the
size of Pond # 1 to cover the area
of the removed lots.
9/27/2021
Renewal
2.0

Permit Number: _551 2
(Io be provided by DWQ)
Drainage Area Number:
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.
This system (check one):
❑ does ® does not
This system (check one):
❑ does Z does not
incorporate a vegetated filter at the outlet.
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 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 1.0 inches (or 1.5 inches if ' „r
Coastal County). Records of operation and maintenance should be gutm' kd3 s f
location and must be available upon request. 020)2
12fInd
Inspection activities shall be performed as follows. Any problems shall
be repaired immediately. ° v --
BMP element
Potentialproblem:
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 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.
Potentialproblem:
How I will remediate theproblem:
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 occurring 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 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
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
50% of the area.
and control the algal growth.
Cattails, phragmites or other
Remove the plants by wiping them
invasive plants cover 50% of
with pesticide (do not spray).
the basin surface:
(CEIVE
Nov 01 1012
Form SW401-Wet Detention Basin O&M-Rev.4 By: -----Page 2 of 4

Permit
(to be provided by DWQ)
Drainage Area Number: 1
BMP element:
Potentialproblem:
How I will remediate the roblem:
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 4.75 feet in the main pond, the
sediment shall be removed.
When the permanent pool depth reads 4.75 feet in the forebay, the sediment
shall be removed.
Sediment Removal
Bottom
88
---------------
FOREBAY
BASIN DIAGRAM
(fill in the blanks)
Fft Min.
Sediment
Storage
Form SW401-Wet Detention Basin O&M-Rev.4
Permanent Pool Elevation 92.75
Pool
Sediment Removal Elevation 88 volum
-------------- ------
Bottom Elevation
MAIN POND
PECE 21
NOV 01 2012 ;
KY:— agP e3-of4
Storage

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:
BMP drainage area number:,
Print name: South Side Developers, Inc..7ci m e Malpass
Title: President
Address: 2845Livingston Chapel Rd Delco, NC 28436
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, MARY ELLEIJ b6NsNORr: , a Notary Public for the State of
4oR1M CAftuliA County of �£W i AMOV t� do hereby certify that
34MII^' rK09T HARASS personally appeared before me this I si
day of NOYEMM—R , 201 Z , and acknowledge the due execution of the
forgoing wet detention basin maintenance requirements. Witness my hand and official
seal,
NOT OL
�< y
zz mC
/11111111N�
SEAL
Mycommissionexpires O(V ZS ZO/
Form SW401-Wet Detention Basin O&M-Rev.4
VECE4WE..
�� NOV 01 20tt
Page 4 of 4

Permit Number:
(to be provided by D{ Q)
Drainage Area Number: Z
Wet Detention Basin Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a C(��
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.
This system (check one):
❑ does ® does not
This system (check one):
❑ does ® does not
incorporate a vegetated filter at the outlet.
incorporate pretreatment other
Important maintenance procedures:
Immediately after the wet detention basin is established, the 1
vegetated shelf and perimeter of the basin should be watered
g 2010
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 1.0 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:
Potentialproblem:
How I will remediate theproblem:
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 time and a
one-time fertilizer application.
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:
Potentialproblem:
How I will remediate theproblem:
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 occurring 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 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
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
50% of the area.
and control the algal growth.
Cattails, phragmites or other
Remove the plants by wiping them
invasive plants cover 50% of
with pesticide (do not spray).
the basin surface.
CEIUG 1 6 20i0FonnsW401-Wet Detention Basin O&M-Rev.4 LREA
:�--- age 2 of

Permit Number:
(to be provided by DWQ)
Drainage Area Number: Z
BMP element:
Potentialproblem:
How I will remediate the roblem:
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 5 feet in the main pond, the sediment
shall be removed.
When the permanent pool depth reads 5 feet in the forebay, the sediment shall
be removed.
Sediment Removal
Bottom
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation 92.5
11.1 1 Pe men Pool
--------------- -- Volume Sediment Removal Elevation 87.5 Volume
86.5 ft Min. --------------------------- ----
Sediment Bottom Elevation 86.5 1-ft r
Storage Sedimei
Storage
FOREBAY MAIN POND
AUG 16 2010
Form SW401-Wet Detention Basin O&M-Rev.4 �tiY JaQe 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: Bristol Bay
BMP drainage area number:
Print name: South Side Developers Inc Jamie Malpass
Title: President
Address: 433 Lennon Road Delco, NC 28436
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.
h A� mel 11 1. C� a) lom ail a Notary Public for the State of
N C County of COI urrk1U S do hereby certify that
I�arnie Ma1:�aSS personally appeared before me this -6rd
day of , 2010 , and acknowledge the due execution of the
forgoing wet detention basin maintenance requirements. Witness my hand and official
seal,
SEAL
My commission expires {Qri 1 2.(P) 2.013
RECEIVED
AUG 16 2010
BY:
Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4

Permit No. --:51y�jyw
(to be provided by DWQ)
TA
H=HR
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 (Pad III) must be pnnW filled out and submitted akmg MM aN of fire required information.
Project name
Contact person
Phone number
Date
Drainage area number
Drainage area
Impervious area, post -development
%impervious
Design rainfall depth
Storage Volume: Non -SA Wafers
Minimum volume required
Volume provided
Storage Volume: SAWatem
1.5' runoff volume
Pre-developmerd 1-yr, 24-hr runoff
Post -development 1-yr, 24-hr runoff
Minimum volume required
Volume provided
Peak Flow Calculations
Is the prelpost control of the Iyr 24hr storm peak flow required?
1-yr, 24-hr rainfall 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?ost 1-yr, 24-hr peak flow control
Elevations
Temporary pool elevation
Permanent pool elevation
SHWT elevation (approx, at the perm. pool elevation)
Top of 10k vegetated shelf elevation
Bottom of 10fi vegetated shelf elevation
Sediment deanoul, top elevation (bottom of pond)
Sediment oleanoul, bottom elevation
Sediment storage provided
Is there additional volume stored above the stale -required temp. pool?
Elevation of the lop of the additional volume
n,.
381,099 fly
122,101 fl?
32.04 %
1.0 In
02OF. W A rf,,,
Vl 9
r
o -mac
-10,746 f?
40,087 fl
OK, volume provided is equal to or in excess of volume required.
tl
fe
8
CAROZ
fe
`. "i -'008/p y9i�
r a.-0,fo-29-12'••
N (Y or N) ' 4 SEAL Y in C OSgg2 2
(unitless) f.
(unilless) ��i':`VG114
Re/sec
ft'isec
93.75 final
92.75 fmsl
93.25 first
93.25 fmsl
92.25 fins)
88.00 final
87.00 first
1.00 fl
Y (Y or N)
3,75 (mail OK
�`.,5 NOV 01 2012
Form SW401-Wet Detention Basin-Rev."118112 Parts I. & II. Design Summary. Pape 1 of 2

Permit
(to be Pmvdeo by DW0)
I1-DESIGN INFORMATION
Surface Areas
Area, temporary pool
42,759 fe
Area REQUIRED, permanent pool
12,210 fir
SAIDA ratio
3.20 (unitless)
Area PROVIDED, permanent pool, Ap,,,,-y,m
35.490 fe OK
Area, bottom of 10ft vegetated shelf, A,,,,
29,954 ft`
Area, sediment deanout top elevation (bottom of pond), Amy
15,845 ft`
Volumes
Volume, temporary pod
40,087 to
Volume, permanent pool; VP, -,,
122,497 ft'
Volume, forebay (sum of forebays if more than one forebay)
26,048 ft
Forebay % of permanent pool volume
21.3% %
SAIDA Table Data
Design TSS removal
90 %
Coastal SAIDA Table Used?
Y (Y or N)
MountairlPiedmont SAIDA Table Used?
N (Y or N)
SAIDA ratio
3.20 limitless)
Average depth (used in SAIDA table):
Calculation option 1 used? (See Figure 10-2b)
N (Y or N)
Volume; permanent pool, V, _pw
122,497 tt'
Area provided, permanent pool, A,a,i.
35,490 R`
Average depth calculated
R
Average depth used in SAIDA, it., (Round to nearest 0.51t)
ft
Calculation option 2 used? (See Figure 10-2b)
Y (Y or N)
Area provided, permanent pool, AP,,,,_„a
35,490 W
Area, bottom of IN vegetated shelf, Aw ,,,,
29,954 fe
Area, sediment deanout, top elevation (bottom of pond), A,.,
15,845 fir
'Depth" (distance bfw bottom of 1011 shelf and top of sediment)
4.25 ft
Average depth calculated
3.71 ft
Average depth used in SAIDA, it.., (Round to down to nearest 0.5ft)
3.5 It
Drawdown Calculations
Diawdown through orifice?
Y (Y or N)
Diameter of orifice (it circular)
2.00 in
Area of orifice (if-non-dreular)
in,
Coefficient of discharge (CD)
0.60 limitless)
Driving head (Ho)
0.31 R
Drawdown through weir/
N - (Y or N)
Weir type
- limitless)
Coefficient of discharge (C,)
(unitless)
Length of weir (L)
ft
Driving head(H)
ft
Pre -development 1-yr, 24-hr peak flow,
ft3/sec
Post -development 1-yr, 24-hr peak flow
fe/sec
Storage volume discharge rate (through discharge orifice or weir)
- 0.06 ftllsec
Storage volume drawdown time
2.14 days
OK
Need 3 R min.
OK
OK
Storage volume discharge rate greater than predev. ly24hr.
OK, draws down in 2-5 days.
Additional Information
Vegetated side slopes
3 :1
OK
Vegetated shelf slope
10 :1
OK
Vegetated shelf width
10.0ft
OK
Length of flowpath to width ratio
3 :1
OK
Length to width ratio
3.7 :1
OK
Trash rack for overflow & orifice?
Y (Y or N)
OK
Freeboard provided
2,25 If
OK
Vegetated filter provided?
N (Y or N)
OK
Recorded drainage easement provided?
- Y (Y or N)
OK
Capures all runoff at ultimate build -out?
Y (Y or N)
OK
Drain mechanism for maintenance or emergencies is:
PUMP
Ru=q' r=C'@,k'Z
BY:
NOV 0 1 2012
Forth SW401 Met Detention Basin-R.,B l8/12 Parts I. & II. Design Summary. Page 2 of 2

Permit No.
(to be provided by DWQ)
IILwRE UIREVITEMSCHECKLIS T'�Pr�,a i,i. , 'pl!t'�-m�i h wa'vSu rei"u tl„
Q _ _ 1 ". LY'd1 P
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.
g
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
JCg
A
2A
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 dimensions,
- Foebay and main pond with hardened emergency spillway,
- Basin cross-section, .
- Vegetation specification for planting shelf, and
- Filter strip.
J EU
7 n
�
3. Section view of the wet detention basin 0" = 20' or larger) showing:
- Side slopes, 3:1 or lower,
- Pretreatment and treatment areas, and
- Inlet and outlet structures.
R
J�B
2A
4. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified
52t
on the plans prior to use as a wet detention basin.
p
J C6
cq�C4 945
5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for forebay,
JCA
See
to verify volume provided.
D
gdtt0—
6. A construction sequence that shows how the wet detention basin will be protected from sediment until the
entire drainage area is stabilized.
p
J C�
5 e
cAca14t1MS
7. The supporting calculations.
See
q
8. A copy of the signed and notarized operation and maintenance (O&M) agreement.
JCB
see
t'eSi 40115
9. A copy of the deed restrictions (If required).
�B
set
So,15
10. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. County
soil maps are not an acceptable source of soils information.
NOV 01 2012
BY:
Form SW401-Wet Detention Basin-Rev.94118112 Part III. Required Items Checklist, Page 1 of 1

DEWN UNE ONLY
Date R ce ved
F Paid
Permit Number
Ii 9 at
8�f$�
505 —1
S&OK
10OR07
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 21-1.10450), the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid fora 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 100807
2. . Project name: Bristol Bay
3. Project street address: Mc 114e Lnae
City: Lake Wgccgl dw County:
4. What, if any, changes have been made to the project as permitted?
11110 t
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at. htti)s://deg.nc.aov/about/divisions/energy-
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/abouttdivisions/energy-mineral-land-
resourceslenergv-mineral-land-rules/stormwater-program/post-construction. State StormwaterPermits do not
automatically transfer with the sale of the property.
1. Current Permit Holder's Company Name/Organization: Su4+6 Stria Deve&w- Inc.
2. Signing Official's Name: Jamic Malpiss
3. Signing Official's Title: Qres;JSh '
4. Mailing Address: 9% Liv;ngA n Ch"d KJ
City: State: N( ZIP: 29
5. Street Address: 946 L;vindS7'On Chow,) R
City: elco State: NC ZIP:29q%
6. Phone:( 11D_) 5211-7663 Email: "tgmiema�pesl @6ellsau .het
rSEP 0 9 2021
BY:
Stormwater Permit Renewal Form Page 1 of 3 May 11. 2018

C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that
include all required items listed below will be accepted and reviewed -
Initial each item below to indicate that the required infonnation is provided in the application package:
(j��Y/� 1. A permit application processing fee of $505.00 payable to NCDEQ.
lr/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;
b. Limited Liability Company (LLC) — a manager or company official as those terms are defined
in G.S. 57D "North Carolina Limited Liability Company Act;"
c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership — the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the
signature of another entity,
3. One hard copy and one electronic copy of recorded documents required by the original permit that
o 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: c- %tr4+ d.J o f rVmrc i+ +c be ry cA9J
[J( I have a copy of the current tecouled 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.
t 5. Designer Certifications, Please select one:
a 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).
httos://www.sosnc.gov/online services/search/by title/ Business Registration
SEP G 9 2021
BY:
Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018

D. PERMITTEE'S CERTIFICATION
mile A41905 , 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, cWect and complete.
Signature:Date: 9- / a/
T, '6u:rcan
\�Q0— County
that \' e N-6
uM
a Notary Public for the State of
S , do hereby certify
personally appeared before me
this the l l day of e p e r�� e 20 , and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal)
PATRICIA IFDUNCAN
Notary Signature:
L�
1�'^'"' 'G�\'
Molloy Publ10'Nodh Cwolln
Columbus Co utgr
My commission expires,e,
�` 11
l 2)oaq
�'y
MyCommNelon F-mba
Ju 1t 2028
SEP 0 9 2021
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018

Permit No. '51t)!/ /D��D,
(to be wovdred by DWp)
020E NA7FROG
y r
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form must be filled out, printed and submitfed.
The Required Items Checklist (Part III) must be printed, filled out and submitted along with all of the required information.
Project name
Contact person
Phone number
Date
Drainage area number
Sr+DESIGN INFORMATIONvl!ii.I m.n
She Characteristics
Drainage area 91,433 f?
Impervious area, post -development 40,013 ft2
%impervious 43.76 %
Design rainfall depth 1.0 in
Storage Volume: Non-SAWatera
Minimum volume required
3,383 ft
OK
Volume provided
6,353 ft
OK, volume provided is equal to or in excess of volume required.
Storage volume: sA Waters
1.5' runoff volume
to
Pre -development 1-yr, 24-hr runoff
to
Post -development 1-yr. 24-hr runoff
ft'
Minimum volume required
ft'
Volume provided
fl
Peak Flow Calculations
Is the peJpost control of the iyr 24hr storm peak flow required?
N (Y or N)
1-yr, 24-hr rainfall depth
in
Rational C, pre -development
limitless)
Rational C, post -development
limitless)
Rainfall intensity: l-yr, 24-hr stoml
iNhr��rc
TL�D
Pre -development 1-yr, 24-hr peak flow
fe/sec
1 V
Post -development l-yr, 24-hr peak flow
ft'Isec
16 2010
PretPost 1-yr, 24-hr peak flow control
ft'Isec
AUG
Elevations
Temporary pool elevation
93.30 fmsl
fav-
Permanent pool elevation
92.50 fmsl
SHWT elevation (approx. at the perm. pool elevation)
91,28 fmsl
Top of 1Oft vegetated shelf elevation
93.00 fmsl
Bottom of 1Oft vegetated shelf elevation
92.00 Imst
Sediment cleanout, top elevation (bottom of pond)
87.50 final
Sediment cleanout, bottom elevation
86.50 hnsl
Sediment storage provided
1.00 ft
Is there additional volume stored above the state -required temp. pool?
N (Y or N)
Elevation of the top of the additional volume
fmsl
Fwm SW401-Wit Detention Basin-Rev.8-9/17109 Pere I. 611. Design Summary (2), Page 1 of 2

Permit No.
(to be pmvioeo by DWO)
w
IL,DESIONIINFORMATION!" n 1'. ,�,t 1 ep, r tl+.,��1,�-;. p I
4 s: ,d, , it
Surface Areas
Area, temporary pool - 8,981 fh
Area REQUIRED, permanent pool 4,494 ft'
SAIDA ratio 4.91 (unMess)
Area PROVIDED, permanent pool, AF _pw 6,329 ft OK
Area, bottom of IDR vegetated shelf, Ab, , 4,414 fe
Area, sediment deanout, top elevation (bottom of pond); Ay,.880 ft,
Volumes
Volume, temporary pool
6,353 fit'
OK
Volume, permanent pool, Vr",,,,_p„
14,542 ft'
Volume, forebay(sum of forebays if more than one forebay)
3,D49 ft'
Forebay % of permanent pod volume
21.0% %
OK
SAIDA Table Data
Design TSS removal
90 %
Coastal SAIDA Table Used?
Y (Y or N)
MountainlPiedmont SAIDA Table Used?
N (Y or N)
SAIDA ratio
4.91 (unitass)
Average depth (used in SAIDA table):
Calculation option 1 Lead? (See Figure 10-2b)
N (Y or N)
Volume, permanent pool, V..
14,542 ft
Area pmvided, permanent pool, A� _Pw
6,329 R`
Average depth calculated
R
Need 3 R min.
Average depth used in SAIDA, d., (Round to nearest 0.5ft)
it
Calculation option 2 used? (See Figure 10-2b)
Y (Y or N)
Area provided, permanent pool, A._P
6,329 fe
Area, bottom of 10ft vegetated shelf, Ate, awn
4,414 fe
Area, sediment deancut, top elevation (bottom of pond), A,.,
"Depth"
880 fe
���iv�T^
(distance b/w bottom of 1 Oft shelf and top of sediment)
4.50 fitL.f
Average depth calculated
3.12 ft
OK
Average depth used in SAIDA, d„, (Round to nearest 0.5ft)
3.0 ft
OK AUG 16 2010
Drawdown Calculations
Drawdown through orifice?
Y-. (Y or N)
BY:
Diameter of office (ff circular)
1.00 In
Area of orifice (N-non-circular)
in'
Coefficient of discharge (CD)
0.60 (unfi ess)
Driving head (Ho)
0.25 R
Drawdown through weir?
N (Y or N)
Weir type
(unlUess)
Coefficient of discharge (C.)
(unNess)
Length of weir (L)
- R
Driving head (H)
it
Pre -development 1-yr. 24-hr peak Row
ft'Isec
Post -development 1-yr, 24-hr peak flow
- folsec
Storage volume discharge rate (through discharge orifice or weir)
0.01 ftlsec
Storage volume discharge rate greater than pre-dev. 1yl24hr.
Storage volume drawdown time
3.01 days
OK, draws down in 2-5 days.
Addhional Information
Vegetated side slopes
3::1
OK
Vegetated shelf slope
10 :1
OK
Vegetated shelf width
10.08
OK
Length of flowpath to width ratio
5 :1
OK
Length to width ratio
5.0 :1
OK
Trash rack for overflow 8. orifice?
Y (Y or N)
OK
Freeboard provided
1.7 ft
OK
Vegetated filter provided?
N (Y or N)
OK
Recorded drainage easement provided?
Y (Y or N)
OK
Capures all runoff at ultimate build -out?
Y (Y or N)
OK
Drain mechanism for maintenance or emergencies is:
Pump
Fo,m SW401 Met Detengon Basin-Rev.8-9/17/09 Pars I. a II. Design Summary (2). Page 2 of 2

Permit
(to be provided by DWQ)
) REQutRED`REMS,CHECKLIST.'I j ': '" U '
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
In�ittiialls,
Sheet No.
_L
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 (ROM,
- Overflow device, and
- Boundaries of drainage easement.
�pry�
Jim
n
ZA
2. Partial plan (1" = 30' or larger) and details for the wet detention basin showing:
- Outlet structure with trash rack or similar, .
- Maintenance access, REC ETVED
- Permanent pool dimensions,
- Forebay and main pond with hardened emergency spillway, AUG 16 2010
- Basin cross-section,
- Vegetation specification for planting shelf, and BY:
- Filter strip.
p
v ul'1
2—A
3. Section view of the wet detention basin (1" = 20' or larger) showing:
- Side slopes, 3:1 or lower;
- Pretreatment and treatment areas, and
- Inlet and outlet structures.
p
p
Zvi
4. If the basin is used for sediment and erosion control during construction, dean out of the basin is specified
See
on the plans prior to use as a wet detention basin.
J WA
1
cq cW9�`215
5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for Forebay,
11ppMM
a
to verify volume provided.
6. A construction sequence that shows how the wet detention basin will be protected from sediment until the
entire drainage area is stabilized.
p,nsee
DP'
7. The supporting calculations.
Bm
S
A%
.1
8. A copy of the signed and notarized operation and maintenance (0&M) agreement.
�Q�
M
�
J
gj�
9. A copy of the deed restrictions (if required).
Epp
3911, 1
v yn'
afthad
10. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. County
soil maps are not an acceptable source of soils information.
Form SW401-Wet Detention Basin-Rev.8-9/17/09
Part III. Required Items Checklist, Page 1 of 1

State Stormwater Management Systems
Permit No. SW8100807 MOD
Bristol Bay Subdivision Page 1 of 2
Stormwater Permit No. SW8100807
Columbus County
Designer's Certification (4r Pend #) 041y)
I, 661ri C. Bi56P , as a duly registered Ewineer in
the State of North Carolina, having been authorised to observe eriodicall eekly/full
time) the construction of the project,
(Project)
for SOMA Side 6elppers Inc, (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature Ian JF1KVtd4'
Registration Number 036232
Date 104/13
SEAL
tN CARp1,
�o.'�%
4 SEAL
••
., 62

State Stormwater Management Systems
Permit No. SW8100807 MOD
Certification Requirements: Page 2 of 2
/ )K — -50- under� cwlrucpn; No 0QA Gas beat insN1W.
V 1. The drainage area to the system contains approximately the permitted
acreage.
2.
The drainage area to the system contains no more than the permitted
amount of built -upon area.
3.
All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4.
All roof drains are located such that the runoff is directed into the system.
✓
5.
The outlet/bypass structure elevations are per the approved plan.
✓
6.
The outlet structure is located per the approved plans.
7.
Trash rack is provided on the outlet/bypass structure.
✓
8.
All slopes are grassed with permanent vegetation. Seed, fer parwm%srwf veyt+*on
✓
9.
QM in +6 9"4Q. 54w art Ab',hzeJ vA fetnporyry va eiAon,
Vegetated
slopes are no steeper than 3:1.
10.
The inlets are located per the approved plans and do not cause short-
circuiting of the system.
✓
11.
The permitted amounts of surface area and/or volume have been
provided.
✓
12.
Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
J14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter. Wetland pJw1b f r veye}aQ shelf me 4- 6pin S " 9 2014,
J 15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Kyle Duncan; Town of Lake Waccamaw Building Inspections

.� Hiah Density Residential Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 21-1.1000 and S.L. 2006-246, the Stormwater Management Regulations,
deed restrictions and protective covenants are required for High Density Residential Subdivisions where
lots -will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed
restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon"
area consistent with the design criteria used to size the stormwater control facility.
I, �Mie p4ga (Sk' S;dv_ eyeloce),5,Inc), acknowledge; affirm and agree by my signature below, that I will
caus�ollowing deed restricts ns and covenants to be recorded prior to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number S W S 100207 as issued by the Division of Water Quality under the
Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming under
them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express written
consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence
of the Division of Water Quality.
6. The maximum allowable built -upon area per lot is 5,500 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 pavement. Built upon area includes, but is not
limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does
not include raised, open wood decking, or the water surface of swimming pools.
OR, if the proposed built -upon areas per lot will vary, please REPLACE #6 above with the following:
6. The maximum built -upon area per lot, in square feet, is as listed below:
Lot # BUA Lot # BUA Lot # BUA Lot # BUA
This allotted amount includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the water surface of swimming
pools.
7. Each lot will maintain a 30** foot wide vegetated buffer between all impervious areas and surface
waters.
**50 foot for projects located in the 20 coastal counties.
8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street, grading
the lot to drain toward the street, orgrading perimeter swa/es to collect the lot runoff and directing them
into a component of the stormwater collection system. Lots that will naturally drain into the system are
not required to provide these additional measures.
Nov 01 2012
Form DRPC-3 Rev.2 05Nov2009 Page 1 of 2
BY:------
—

ti High Density Residential Subdivisions
Deed Restrictions & Protective Covenances
Ii— I-2oit
a Notary Public in the
State of AloRrN 6trwumi County of � Ad/o✓drR
do hereby certify that JAM/E ee)Rr l�;// mss personally appeared
before me this the / 0 day of /{%00"RbR 20 I Z , and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
Si to e
My Commission expires o0 25 Zo/
SEAL
%OTA,9A.
fto
NO, 01 2012
Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2

Book 1186 Page 264
Sp r 9 20210
PrgxmW by: Hogue Hill, LLP 101 South Third Street, Wilmington, NC 28401
STATE OF NORTH CAROLINA
COUNTY OF COLUMBUS
11111111��1�1�1�191181B1II
2018003925
COLUMBUS CO, NC FEE $34.00
08-22-2018 04:09:02 PM
KANDANCE H. BULLOCK
a�
aY: rAMINAMCCMY
efPV1Y
BK: RB 1186
PG: 264-280
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
BRISTOL BAY.
This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BRISTOL
BAY (herein "Declaration'l, is made and entered into on this the &2. day of A49w7' 2018 between South Side
Developers, Inc. (herein after "Declarant"), and Bristol Bay Homeowner's Association Inc., (hereinafter
"Association') and all parties hereafter acquiring any of the described property.
WHEREAS, Declarant is the owner of all lots within a subdivision in the County of Columbus, State of
North Carolina, known as Bristol Bay, and being that certain tract or parcel of land more particularly described by
map and survey recorded in Map Book 97, Page 27, Columbus County Registry; and
WHEREAS, Deciamnt desires to subject the Property to these protective covenants within BRISTOL BAY
to provide for, among other Ibings, the preservation of the property values and the desirability and attractiveness of
the real property to BRISTOL BAY, and to provide for the establishment and the continued maintenance of the
Common Areas, the Limited Common Areas and Landscape of Common Areas and Limited Common Areas (as
defined below) in BRISTOL BAY.
NOW THEREFORE, Declarant declares that the Property described in Exhibit,0 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 "Am'l, as well as the following easements, restrictions, covenants, and conditions. Theses
Protective Covenants ahallbe binding on and shall inure to the benefit of all parties having any righ4 title or interest
in the Properties or any part thereof their heirs, successors, and assigns.

Book 1186 Page 265
ARTICLE 1
PROPERTIES SUBJECT TO THIS DECLARATION
The property which shall be held, transferred sold, conveyed, and occupied subject to this Declaration is
located in. the County of Columbus, State of North Carolina, and is more particularly described as being all of the
property shown on map and survey recorded in Map Book 97, Page 27, Columbus County Registry, phis all the
utility and access easements as shown on the aforesaid map. The Declarant hereby subjects the heretofore described
property to this Declaration and the jurisdiction of the Association. Additional properties may be subjected to these
Declarations within ten (10) years from the date of this instrument.
ARTICLE H
I
DEFINITIONS
Section I. "Act" shall mean the North Carolina Planned Community Act enacted under Chapter 47F of the
North Carolina General Statutea, as amended
Sudan Z. "Articles"shalt mesa the Articles of Incorporation of the Association as filed with the Secretary of
State, State of North Carolina, as the same may be from time to time amended
Section 3. "Additional Properly" shall mean and refer to any lands which are now owned or may be hereafter
acquired or developed by Declarant, in addition to the above descnbed property, and annexed to and made a part of
BRISTOL BAY pursuant to the provisions of this Declaration.
Section 4. " Association" shall mean and refer to BRISTOL BAY HOMEOWNERS ASSOCIATION, INC., a
North Carolina non-profit corporation, its successors and assigns.
I
Section S. 'Board" or "Board of Directors" shall mean those persons elected or appointed and acting
collectively as the board of directors of the Association.
I
Section 6. "Bylaws" shall mean the document for governance of the Association as adopted initially by the
Board and as amended by the Members.
Section 7. "Common Properties" shall mean all real property and any improvements constructed thereon,
owned by the Association for the common use and enjoyment of the Owners and Members of the Association.
Section 8. "Common Expense" shall mean and include:
(a) All sums lawfully assessed by the Association against its members;
(b) Expenses of the common area and administration, maintenance, repair, or replacement of
the Common Area/Pood/Dramage Easement
(c) Expenses declared to be common expenses by the provisions of the Act, this Declaration
or the Bylaws of the Association;
(d) Hazard, liability, or such otherinsurance premiums as the Act, the Declaration or the
Bylaws may require the Association to purchase; or as the Association may deem appropriate to
purchase;
(e) Ad valorem taxes and public assessment charges lawfully levied against Common
Properties;
(f) Expenses agreed by the members to be common expenses of the Association.
Section 9. "Declarant" shall mean and refer to South Side Developers, Inc, its successors and assigns if such
successors or assigns should acquire more than one undeveloped Lot from the Declarem for the purpose of
development

Book 1186 Page 266
Section 10. "Lot" shallmean and refer to any plot of land shown upon any recorded subdivision trap of the
Properties with the exception of the "Pond/Drainsge Easement/Common Area."
Section It. "Membe'shall mean and refer to every person or entity who holds membership in the
Association.
Section 12. "Membership" shall mean and refer to the rights, privileges, benefits, duties, and obligations,
which shallinure to the benefit of and burden each Member of the Association.
Section 13. "Notice' required to be given herein shall be in writing end mailed by U.S. mail, postage prepaid,
first class to the address of the Association or of any Member on the records of the Association or shall be hand
delivered to the Association or the Member.
Section 14. "Owne' or "Lot Owne1' shall mean and refer to the record owner, whether one or more persons
or entities, of a fee simple title to any Lot which is put of the Property, including contract sellers, but excluding
those having such interest merely as security for the performance of an obligation. Record ownership of any Lot
shall make the Owner thereof a Member of the Association.
Section IS "Planned Community" shall mean the Property, any Additional Property, and all portions thereof,
which the Declarant has submitted or may later submit to the terms, covenants, conditions, easements and
restrictions of this Declaration, as contemplated by Section 47F-1-I03(23) of the Act
Section 6 "Pond/Drainage Easement/Common Area" shall consist of those areas designated on recorded
plats of Bristol Bay as such. Such areas shall be dedicated in perpetuity to the common use and enjoyment of the
owners. The Declatmt will convey all Permanent Common Open Space shown on the various plats of the
subdivision to the Association. The Association shall be responsible for the repair and maintenance thereof as set
forth in this Declaration.
Section 17. "Properties" shall mean and refer to that certain real property herambefore described, and such
additions thereto as may hereafter be brought within the jurisdiction of the Association.
ARTICLE III
PROPERTY RIGHTS
Section 1. Owners' Easements of Eniovmeat. Every Owner shall have the right and easement of
enjoyment in and to the Common Properties together with and including the right of access, ingress and egress, both
pedestrian and vehicular, on and over the drives, walkways and parking area of the Common Properties, all of
which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
(a) the right of the Association to dedicate, sell, lease mortgage or transfer all or any part of
the Pond/Drainage Easement/Common Area, or any interest therein, to any public agency,
authority, or utility; or to any other person for such purposes and subject to such conditions as may
be agreed upon by the Members.. No such dedication, sale, mortgage or transfer shall be effective
unless it has been approved by a vote or the written agreement to such dedication, sale, lease,
mortgage, or transfer signed by two-thirds of each class of Members has been recorded, and the
fake Waccamaw Town Council has agreed to such conveyance. On such instrument. the Secretary
of the Association shall certify that two-thirds of the Members have approved the dedication, sale,
lease, mortgage or transfer, and that the certificate may be relied upon by any third party without
inquiry and shall be conclusive as to any grantee, its successors or assigns; provided, however,
conveyances for general utility purposes, as specified herein, may be made by the Association
without consent of the Members.

Book 1186 Page 267
(b) the right of the Association, in accordance with its Articles or Bylaws to impose rules and
regulations for the use and enjoyment of the Common Properties, the Lots and improvements
thereon, which rules and regulations may further restrict the use of the Common Properties and
create Limited Common Properties.
(c) the right of Owners of Lots on additional lands annexed to the Property initially, or
subsequently, to the easements of egjoyment and rights of ingress, egress and access, as specified
above, to the initial Property and all lands included in subsequent phases.
(d) the right of the Association, in accordance with its Articles and By -Laws, to borrow
money for the purpose of improving the Pood/Dminage EasemenNCommon Area, and facilities
and in aid thereof to mortgage said. property, and the rights of such mortgagee in said Properties
shall be subordinate to the rights of the homeowners hereunder, and
(a) the tight of the Association to adopt, publish, and enforce rules and regulations as
provided in Article M.
Section 2. Title to the Common Propertks. The Declarant hereby covenants for itself, its heirs and
assigns, that it will convey fee simple title to the Pond/Drainage Easement/Common Area to the Association, free
and clear of all encumbrances and Gene, prior to the conveyance of the fast Lot
Section Parking Righh. The Association may regulate the parking of boats, trailers, and other such items
on the permanent Common Open Space.
ARTICLE IV
OWNERS' ASSOCIATION
Seaton 1. Formation of Assadatom BRISTOL BAY HOMEOWNERS ASSOCIATION, INC. is a non-
profit corporation organized pursuant to the Nonprofit Corporation Act of the State of North Carolina for the
purpose of establishing an association for the Owners of Lots to operate and maintain the Common Properties,
collect and disburse funds to pay the Common Expenses, and to provide any other services provided in this
Declaration or agreed to by a majority of the Members.
Section 2. Membership. Every owner of a lot which is subject to assessment shall be a Member of the
Association. Membership %hall be appurtenant to and may not be separated from ownership of any Lot which is
subject to assessment.
Section ]. Voting Rights. The Association shall have two classes of voting membership:
Class A. Class A members shall be all Owners, with the exception of the Decla ant, and shall be entitled to
one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be
members. The vote for such Lot shall be exescised as they determine, but in no event, shall more than one vote be
cast with respect to any Lot Fractional voting with respect to any Lot is hereby prohibited

Book 1186 Page 268
Class B. During the Declarant Control Period as set forth below the Declarant shall be a Class B member
and shall be entitled to four (4) votes for each Lot owned. The Class B membership shall cease and be converted to
Class A membership on the happening of either of the following events, whichever occurs earlier.
(a) when the Declarant owns one percent (1%) or less of the total number of the Planned Lots in the
Property, including any Additional Property shown on the map of survey recorded in Map Book 97, Page
27 of the Columbus County Registry; or
(b) on December 31. 2041; or
(c) upon the surrender of all Class B membership by the holder thereof or cancellation by the Association.
Section 4. Powers Privileges, Rights and Ohgaadons. In addition to the rights and power: granted to the
Association by the Act, this Declaration, its Articles and Bylaws, and to the rights and powers with regard to
assessments set forth in Article V of this Declaration, the Association shall have and possess and shall perform and
exercise the following powers, privileges, tights and duties, subject, however, to the rights of the Declarant
contained in Article VI hereof:
(a) The Association shall be entitled to stake and amend reasonable roles and regulations
governing use of the Lots and the Common Properties;
(b) The Association shall be responsible for the operation, upkeep, maintenance, protection,
preservation, repairs, reconstruction and/or replacement of (i) the Common Properties
improvements and additions thereto, and (ii) it may, in its sole and absolute discretion, accept
responsibility for the upkeep and maintenance of the Limited Common Properties, if any',
provided, however, that in the event that any of the above activities am necessitated by the willful
act or active or passive negligence of any Owner, his family, guests, invitees or tenants, or is
caused by fire, wind, min, blowing water, lightening, smoke or other hazard or casualty, and the
cost of such maintenance, repair or other activity is not fully recovered by insurance, then, at the
sole discretion of the Board, the cost of the same shall be the personal obhgation of the Owner and
if not paid to the Association upon demand, may be added to the annual assessment levied against
said Owner's Lot;
(c) The Association may engage in such other activities as authorized by a 67% of the votes
of its Members;
(d) The Association may suspend die voting rights and privileges of any Owner for any
period during which any assessinew against the Owner's Lot remain unpaid, and for a period not
to exceed 60 days for an infraction of the published niles and regulations of the Association; and
(e) The Association may mortgage or convey the Common Properties, or dedicate or transfer
all or part of the Common Properties, to any public agency, authority or utility in the manner
described herein.
(f) The Association shall have the authority to hire and discharge management agents, employees,
and independent contractors.

Book 1186 Page 269
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section I. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot
owned within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore,
whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1)
annual assessments or charges which are Common Expenses, and (2) special assessments for extraordinary
maintenance and capital improvements, (3) special assessments for purchase, construction or reconstruction of
improvements; (4) to the appropriate governmental taxing authority, a pro rate share of assessments for public
improvement to the Common Properties and public roads if the Association shall default in payment thereof, and (5)
assessments (fines) levied as a result of violations of the Declaration rules, policies and design guidelines.
The annual and special assessments, together with interest and costa, fines, and reasonable attorneys' fees
for collection, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such
assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees, shall also be
the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. The
personal obligation for the delinquent assessments shall not pass to his successors in the title unless expressly
assumed by them.
The Association shall also have the authority, through the Hoard to establish, fix and levy a special
assessment on any Lot to secure the liability of the Owner thereof to the Association arising from breach by such
Owner of any of the provisions of this Declaration which breach shall require the expenditure of time and money or
both, by the Association for repair or remedy.
Each Owner covenants for himself, his heirs, successors and assigns, to pay each assessment levied by the
Association on the Lot described in such conveyance to him within ten (10) days of the due date as established by
the Board, and further covenants that if said assessment shall not be paid within thirty (30) days of the due date, the
payment of such assessment shall be in default and the amount thereof become a lien upon said Owner's Lot as
provided herein and shall continue to be such lien until fully paid.
Section 2 Purooses of AssessmentsThe assessments levied by the Association shall be used exclusively for
the paying of Common Expenses to promote the recreation, health, safety, and welfare of the residents in the
Properties and in particular, bra not limited to, for the acquisition, improvement and maintenance of the
Pond/Drainege Eestmem/CommonArea, including, the maintenance, repair, and reconstruction of facilities serving
the. properties situated on the Common Area, such maintenance to include the cuffing and removal of weeds and
grass and the removal of hash and rubbish or any other maintenance or for the use and enjoyment of the Common
Area, including but not limited to, the coat of repairs, replacements and additions, the cost of labor, equipment,
materials, management and supervision, the payment of taxes and public assessments assessed against the Common
Area, the procurement and maintenance of insurance in accordance with this Declaration, the employment of
attorneys to represent the Association when necessary, the provision of adequate reserves for the replacement of
capital improvements including, without limiting, the generality of the foregoing, signs, grading, landscaping and
any other major expense for which the Association is responsible, and such other heeds as may arise.
Section 3. Reserves. The Association shall establish and maintain an adequate reserve fund for the periodic
maintenance, repair, and replacement of improvements to the common area and those other portions of the
Properties which the Association may be obligated to maintain. Such reserve f ind'is to be established out of regular
assessments for common expense.
Section 4. Maximum Annual Assessment. Until January I of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment shall be $360.00 per lot

Book 1186 Page 270
(a) From and after January I of the yearimmediately following the conveyance of the first Lot to an
Owner, the maximum annual assessment may be increased effective January 1 of each year without a vote
of membership by up to five (5%) of the previous year's assessment.
(b) From and after January I of the year immediately following the conveyance of the first Lot to an
Owner, the maximum annual assessment may be increased above the increase permitted in Section 4(a)
above by a vote of 67% of each class of Members who am voting in person or by proxy, at a meeting duty
called for this purpose, written notice of which shall be sent to all Members not less than (30) days nor
more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. The
limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as
an incident to a merger or consolidation in which the Association is authorized to participate under its
Articles of Incorporation.
(c) The Board of Directors may fix the annual assessment at an amount not in excess of the
Maximum without a vote of the Members:
Section 5. Special Assessments for Capital Improvements In addition to the Animal Assessments
authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to the year
only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, restoration, repair
or replacement of a capital improvement upon the Common Area, and in connection with maintenance, including
fixtures and pow" property related thereto, and any property for which the Association is responsible, provided
that any such assessment shall have the assent of 67% of each class of members who are entitld to vote in person or
by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less then
thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting..
Section 6. Notice and Overum for Any Action Authorized Under Sections 4 and 5. Written Notice of any
meeting called for the purpose of taking any, action authorized under Section 4 or 5.shall be sent to allmembers not
less than thirty (30) days nor mom than sixty (60) days in advance of the meeting. At the first such meeting called,
the presence of members or of proxies entitled to cast sixty percent (60%) of all votes of each class of membership
shall constitute a quorum If the quorum is not present, another meeting shall be called subject to the same notice
requirement, and the required quorum at the subsequent meeting shag be one-half (1/2) of the required quorum at
the preceding meeting. No such subsequent meeting shall be held more than sixty. (60) days following the preceding
meeting.
Section 7. Insurance Assessments. All premiums on insurance policies purchased by the Board or its
designee pursuant to Article IV and any deductibles payable by the Association upon loss shall be a Common
Expense, and the Association may in any assessment year levy against the Owners equally an "Insurance
Assessment", in addition to the Annual Assessments provided for under Section 4 above, which shall be in an
amount sufficient to pay the annual cast of all such deductibles and insurance premiums not included as a
component of the Annual Assessment. Such Assessment shall not be subject to the 5% limitation set out in Section
4, (a) of this Article V.
Section 8 Ad Valorem Tax Aummenta All ad valorem taxes levied against the Common Properties, if
any, shall be a Common Expense, and the Association may in any assessment year levy against the Owners equally
an "Ad Valorem Tax Assessment', in addition to time Annual Assessments provided for under Section 4 above,
which shall be in an amount sufficient to pay such ad valorem taxed in such year not included as a component of the
Annual Assessment. Such assessment shall not be subject to the 5% limitation set our in Section 4, (a) of this
Article V.

Book 1196 Page 271
Section 9. Uniform Rate of Asssesstacan Grace Period for Build
(a) Both Annual and Special Assessments shall, except as herein otherwise specifically provided, be
fixed at a uniform rate for all Lots and shall be collected on a monthly basis, provided however, that the assessment
for Lots owned by the Declarant which are not occupied as a residence, may be a lesser amount as fixed by the
Board of Directors of the Association, but shall not be less than twenty-five percent (25%) of the regular assessment
for other Lob. However, during the Declarant Control Period the Declarant may satisfy its obligation for Lots it
owns by paying the difference between the amount of assessments levied an all other Lots subject to assessment and
the amount of the actual expenditures by the Association during the fiscal year.
(b) Declarant's Option to Fund Budget Deficits. During the Class "B" Control Period, Declarant may
satisfy its obligation for assessments on Units which it owns either by: (i) paying such assessments in the same
manner as any other Owner, (h) paying the difference between the amount of assessments levied on all other Units
subject to assessment and the amount of actual expenditures by the Master Association during the fiscal year; or (iii)
paying one-half of the assessments for an unimproved Unit for all Units which are platted and Recorded but which
have not yet bean sold to an Owner other than Declarant or an Approved Builder. Unless Declarant otherwise
notifies the Board in writing at least forty-five (45) days before the beginning of each fiscal year, Declarant shall be
deemed to have elected to continue paying on the same basis as during the immediately preceding fiscal year.
Regardless of Declarant's election, Declaram's obligations hereunder may be satisfied in the form of cash
or by "in ldwl" contributions of services or materials, or by a combination of these. After termination of the Class
"B" Control Period, Declarant shall pay assessments on its unsold Units in the same manner as any other Owner.
Swdon 10. Date of Commencement of Aamments: Due Dates. The annual assessments provided for
herein shall commence as to all Lots on the first day of the mouth following the conveyance of the Pond/Drainage
Easement(Common Area. Such annual assessments shall be paid ratably on a monthly basis. The Board of Directors
shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual
assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due
dates shall be established by the Board of Directors. The association shall, upon demand, and for a reasonable
charge, furnish a certificate signed by an officer of the Association setting forth the assessments on a specified Lot
have been paid. Any certificate so given &hall be conclusive evidence of payment of the assessments stated therein.
Section 1. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not
paid within thirty (30) days after the due date shall bear interest from the due date at the rate of six percent (60/6) per
annum. The Association may bring an action at law against the Owner personally obligated to pay the same or
foreclose the lien against the property in the same manner in which Deeds of Trust may be foreclosed under the
power of Sale pursuant to Chapter 45 of the N.C. General Statutes, or its successors, and in either event interest
costs, late payment charges and reasonable attorneys' fees of any such action shall beadded to the assessment. No
Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Permanent
Common Space or abandonment of his Lot Should any deficiency remain after the foreclosure, the Association may
also bring an action against the owner of said deficiency.
Section 12, Subordination of the Lien to Mortgages and Ad Valorem Taaea. The lien of the
assessments provided for herein shall be subordinate to the lien of any institutional first mortgage and ad valorem
taxes. Sale or transfer of any Lot pursuant to mortgage or tax foreclosure or any proceeding in lieu thereof, shall
extinguish the lien of such assessments as to payments which become due prior to such We or transfer, but shall not
abate the personal obligations of the prior Owner. No sale or transfer shall relieve such Lot from liability for any
assessments thereafter becoming due or from the hen thereof. Should the priorities set forth above be modified by
law, such variation as established by law shall prevail.
Section 13. Exempt Property. All Properties dedicated to, and accepted by, a local public authority and
Properties owned by a charitable or non-profit orgsairetion exempt from taxation by the laws of the State of North
Carolina shall be exempt from the ad valorem in assessments created herein. However, no land or improvements
devoted to dwelling use shall be exempt from said assessments.

Book 1186 Page 272
Section 14. Working Capital rand. At the time of closing of the sale of each lot a sum equal to
$200.00 for each lot shall be collected and transferred to the Association to be held as a working capital fund. Tlie
purpose of said fund is to ensure that the Association Board will have adequate cash available to meat unforeseen
expenses, and to acquire additional equipment or services deemed necessary or desirable. Amounts paid into the
fund shall not be considered advance payment of regular assessments.
ARTICLE VI
USE RESTRICTIONS AND ARCHITECTURAL CONTROL
No building, fence, wall, or other structure shall be commenced, erected, or maintained upon the Properties,
nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing
the nature, kind, shape, height, 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
Board of Directors of the Association, or by an architectural committee composed of three (3) or more
representatives appointed by the Board In the event said Board, or its designated committee, fails to approve or
disapprove such design and location within sixty (60) days after said plans and specifications have been submitted to
it, approval will not be required and this Article will be deemed to have been fully complied with.
ARTICLE VH
ANNEXATION OF ADDITIONAL PROPERTY
Section I Annexation of additional property shall require approval from the Association, and shall be
required to occur within ten (10) years from the date of this instrument, provided, however, that all annexations of
additional properties to the original development described in Article I hereof must be contiguous to the property
described in Article I hereof or property previously annexed Provided farther, that no annexation of additional
property shall have the effect of placing the original development in violation of the Town of Lake Waccamaw
Zoning ordinances.
Section 2. Annexation of non-contiguous additional Properties shall be accomplished by recording, in the
County Registry a Declaration of Annexation, duly executed, describing the lands annexed and incorporating the
provisions of this Declaration, either by reference or by fully setting out said provisions of this Declaration. These
additional lands shall be deemed annexed to the Properties on the date of recordation of the Declaration of
Annexation, and in the rase of an annexation by the Declarant, no action or consent on the part of the Association or
any other person or entity shall be necessary to accomplish the annexation, except approval by the Town of Lake
Waccemaw.
Section 3 Prior to the conveyance of the fast lot in any newly annexed area, the Declamnt shall deliver to
the Association one or more deeds conveying fee simple title to any Permanent Common Open Space within the
lands annexed free and clear of all encumbrances and, liens.
Section 4. This Article shall not apply to those Lots shown on the Map of Bristol Bay recorded in Map Book
97, Page 27 in the Columbus County Registry and identified as "Future Development." These lots may be annexed
by the Declarant without the need for action or consent on the pan of any third party.
1 9

Book 1186 Page 273
ARTICLE V►II
INSURANCE
Section I Laurence coverage on the Property shall be governed by the following provisions:
(a) Ownership of Policies. All insurance policies upon the common area shall be purchased by the
Association for the benefit of all the Association and its Members.
(b) Coverage. All buildings and improvements and all personal property included in the Permanent
Common Open Space and facilities shall be insured in an amount equal to one hundred percent (I000A)
insurable replacement value as determined annually by the Association with the assistance of the insurance
company providing coverage. Such coverage shall provide protection against:
(i) Loss or damage by fire and other hazards covered by the standard coverage endorsements, and
ii) Such other risks as from time to time shall be customarily covered with respect to
improvements on the land, if any.
(iii) Such policies shall contain clauses providing for waiver of subrogation
(c) Liability. Public liability insurance shall be secured by the Association with limits of liability of
no less than One Million and 1,10/100 Dollars ($1,000,000) per occurrence and shall include an endorsement
to cover liability of the Owners as a group to a single Owner. There shall also be obtained such other
insurance coverage as the Association shall determine from time to time to be desirable and necessary.
(d) Premiums. Premiums for insurance policies purchased by the Association shall be paid by the
Association and charged to the Owners as an assessment according to the provisions of Article V above.
(e) Proceeds. All insurance policies purchased by the Association shall be for the benefit of the Association
and the Owners and their mortgagees as their interest may appear, and shall provide that all proceeds
thereof shall be payable to the Association as insurance trustee under this Declaration. The sole duty of the
Association as insurance trustee shall bent receive such proceeds as are paid and to hold the same in trust
for the purposes stated herein or stated in the By -Laws and for the benefit of the Owners and their
mortgagees in the following shares:
(i) Proceeds on account of damage to Permanent Common Open Space and facilities held for the
Association.
(ii) In the event a mortgagee endorsement has been issuedfor any Lot, the share of the Owner
shall be held in trust for the mortgagee and the owner as their interests may appear.
Section 2. Distribution of Insurance Proceeds. Proceeds of insurance policies received by the Association
as insurance trustee shall be distributed to or for the benefit of the beneficial owners in the following manner.
(a) Expense of the Trust. All expenses of the insurance trustees shall be first paid or provisions made
therefor.
(b) Reconstruction or Repair. The remaining proceeds shall be paid to defray the cost of repairs. Any
proceeds remaining after defraying such cost shall be distributed to the beneficial owners as above
provided.
Section 3. Fidelity Insurance or Bond. All persons responsible for or authorized to expend funds, or
otherwise deal in the assets of the Association or those held in trust shall first be bonded by a fidelity insurer to
indemnify the Association for any loss or default in the performance of their duties in an amount equal to twelve
(12) months assessments plus reserves accumulated.
10

Book 1186 Page 274
ARTICLE IX
USE RESTRICTIONS
Section I• Rules and Regulations. The Board of Directors of the Association shall have the power to
formulate, amend, publish, and enforce reasonable odes and regulations concerning the use and enjoyment of each
Lot and the Permanent Common Open Space. Such rules and regulations may provide for imposition of fines or
penalties for the violation thereof, or for the violation of any of the covenants and conditions contained in this
Declaration.
Section 2. Use of Properties. No portion of the Properties (except for temporary office duties of the
Declarant and/or any model used by Declarant) shall be used except for residential purposes and for purposes
incidental or accessory thereto.
Section 3. Quiet Enjoyment. No obnoxious or offensive activity shall be carried on or upon any Lot, nor
shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. There
shall not be maintained any plants or animals, nor device or thing of any sort whose annual activities or existence
are in any way noxious, dangerous, unsightly, unpleasant or of such other nature as may diminish or destroy the
enjoyment of other Lots by the Owners thereof.
Section 4. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot or in
any dwelling except that dogs, cats or other household pets that in the sole opinion of the Association are not
deemed threatening or dangerous to people may be kept or maintained, provided that they are not kept or maintained
for commercial purposes. and provided further that they are not allowed to mn free, are at all times kept properly
leashed and under the direct control of their owner and do not become a nuisance to the neighborhood Only a
resident's personal household pets may be kept or maintained. Each owner will be responsible for immediately
collecting and properly disposing of waste from his pet.
Section S. Dwelling Specifications. No dwelling shall be constructed or pertained to remain on any lot
having an area of the main structure, including attached garages and storage rooms, and exclusive of open porches
and decks, of less than twelve hundred (1200) square feet All yard and setback requirements shall comply with the
Town of Lake Waccamaw setback regulations
No building shall be erected, altered, placed or permitted to remain on any lot other than one (1)
detached single-family dwelling not to exceed two and one-half (2 %) stories in height and a private garage for not
more than throe (3) cars; and (with the approval of the Board of Directors of Bristol Bay Homeowners' Association
or its Architectural Control Committee) an accessory building or structure for storage or other appropriate use, not in
excess of one thousand (1000) square The in area In addition, each lot shall contain sufficient off-street parking
space for at least two full-sized automobiles. No automobiles shall be parked on any street abutting any of the lots.
No lot shall be subdivided without the express consent of the Bristol Bay Homeowners' Association and the Town
of lake Waccamaw. An owner may let or rent his entire dwelling unit, but no portion of any dwelling unit shall be
leased separately from the rest of the unit
Section 6. Temporary Structures. Except as herembefore set forth, no trailer, tent, shack, barn, or other out
building, except a private garage for not more than three (3) cars, nor less than two (2) or an out building not more
than one thousand (1000) square feet in size, shall be erected or placed on any lot covered by these covenants. No
detached garage shall at any time be used for human habitation, either temporarily or permanently.
Seedon 7. Fences and Signs. No fence or f mcao-rype barrier of any kind shall be placed, erected, allowed, or
maintained upon any portion of the community, including any lot, without the prior written consent of the Bristol
Bay Homeowners' Association or its designated Architectural Control Committee. The committee may issue
guidelines detailing acceptable fence styles or specifications, but in no event, shall hogwire be approved
11

Hook 1186 Page 275
Chain -link fencing shall not be visible from the from (or the front and side, in the case of a comer lot) of any house
located on a lot having such type fencing. No signs shall be erected or allowed to remain on any lot except with the
written consent of the Board of Directors.
Section 8. Accessory Buildings and Other Outdoor Structures. No accessory building of any nature
whatsoever (including, but not limited to, detached garages, storage buildings, doghouses, and greenhouses) shall be
placed on any lot without prior written approval of the Architectural Control Committee, with said committee to
have the sole discretion relating to the location and type of accessory building which shall be permitted on any lot
No outside clothes lines, tore houses, playhouses, motorcycles, supplies, tractors, boats, woks
(other than pic-up truck rated three-quarter tons or less), trailers, vans (other than one non-commercial van owned
and operated on a regular daily basis by the owner -occupant of the lot), campers or other equipment or vehicles,
except for operative licensed automobiles shall be regularly parka{ or stored on a lot except inside an enclosed
building, or behind screening approved by the Bristol Bay Homeowners' Association or its designated Architectural
Control Committee. Garbage and refuse containers, transformers, air conditioning and other mechanical equipment,
including solar and other alternative energy devises shall either be concealed behind screening, located or built at the
rear of the main residence, or integrated into the building design so as to be inconspicuous. All outdoor equipment
and accessories on a lot, such as play structures, beaches, sculptures, etc., shall be concealed by approved screening
or approved in writing by the Board of Architectural Control Committee as compatible and harmonious with the
surroundings.
Section 9. Appearance. All fireplace chimneys shall be masonry construction. Communication towers are
expressly prohibited. All primary fuel storage mks must be placed underground. No inoperable motor vehicles may
be parked on any lot if visible fmm any road within the subdivision. All mailboxes shall be the same type, or the
bet possible match, if the original style is not available, and shall be provided to the first pa maoent Owner by the
builder of the dwelling unit.
All driveways and walks must be paved with concrete, asphalt, or brick. All lots on which a dwelling or
unit is approved and built shall be landscaped in accordance with Bristol Bay Homeowners' Association, Inc.
specifications. landscaping must be finished upon completion of the dwelling unit for occupancy. Total
construction time, from the date of final approval of Plans by the Board or Architectural Control Committee to the
completion of the dwelling unit for occupancy, shall not exceed twelve (12) months. All buffer areas are to be
according to the Association's requirements.
ARTICLE X
EASEMENTS
Section I All of the Properties, including Lots and Permanent Common Open Space, shall be subject to such
easements for driveways, walkways, parking areas, water lines, sanitary sewers, storm drainage facilities, gas lines,
telephone and electric power lines and other public utilities as shall be established by the Declarant or by its
predecessors in title, prior to the subjecting of the Properties to this Declaration, and the Association shall have the
power and authority to grant and establish upon, over, under, and across the Permanent Common Open Space
conveyed to it, such further easements as are requisite for the convenience, use and enjoyment of the Properties. In
addition, there is hereby reserved in the Declarant and its agents and employees an easement and right of ingress,
egress, and regress across all Permanent Common Open Space, now or hereafter owned by the association, for the
purpose of construction of improvements within the Properties.
Section j. An easement is hereby established over the Permanent Common Open Space and facilities for the
benefit of applicable governmental agencies, public utility companies and public service agencies as necessary for
setting, removing and reading of meters, replacing and maintaining water, sewer and drainage facilities, electrical,
telephone, gas, and cable antenna lines, firefighting, garbage collection, postal delivery, emergency and rescue
activities and law enforcement activities.
12

Book 1186 Page 276
Section 3. If any dwelling is located closer than five (S) feet from its lot line, so long as such setback
complies with the Town of Lake Waccamaw applicable Zoning Ordinances, the owner thereof shall have a perpetual
access easement over the adjoining lot to the extent reasonably necessary to perform repair. maintenance, or
reconstruction of his dwelling.
Such repair, maintenance, or reconstruction shall be done expeditiously and, upon completion of the woric, the
owner shall restore the adjoining lot to as near the same condition as that which prevailed prior to the
commencement of the work as is reasonably practicable.
Section 4. Water and Sewer. All lot owners shall be subject to monthly charges as approved by the proper
authorities for water and sewer for domestic usage.
ARTICLE XI
ELECTRICAL SERVICE
Declarants reserve the right to subject the above-downbed Property to a contract with Duke Energy
Progress for the installation of underground electric cables and/or installation of street lighting, either or both of
which may require an initial payment and/or continuing monthly payment toDuke Energy Progress by the Owner of
each Lot within said Property.
ARTICLE N311
EMERGENCY ACCESS
In no case shall the Town of lake Waccamaw be responsible for failing to provide any emergency or
regular fire, police, or otter public service to such developments or their occupants when such f tilum is due to the
lack of access to such area due to inadequate design or eonstmetion, blocking of access routes, or any other factor
within the control of the developer, homeowners' association, or occupants
ARTICLE XIV
WASTEWATER DISPOSAL SYSTEM
Section 1 Wastewater Disposal System. Ile wastewater treatment, collection, and disposal system (the
"Disposal System') serving the Property includes a private portion and a public portion. The private portion of the
Disposal System (the "Private Disposal System) will consist of one (1) grinder pump on each Lot and the sewer line
that runs from the grinder pump to the street right of way where it will connect with the public portion of the
Disposal System. The public portion of the Disposal System will consist of the sewer lines running under the street
right of ways of Bristol Bay.
Section 2. The Private Disposal System is permitted by the North Carolina Environmental Management
Commission, ("rhe Commission"). The Private Disposal. System has been constructed by the Developer in
accordance with permit Number WQ0036032,and plans approved by the Commission (collectively, the "Permit).
The Private Disposal System and appurtenances thereto are part of the Common area of the Property and shall be
properly maintained and operated by the Association in confomtity with the North Carolina law and provisions of
the permit for construction, operation, repair, and maintenance of the system and facilities. The Private Disposal
System is a Common Area which will receive the highest priority for expenditures by the Association except for
Federal. State, and local taxes and insurance.
Section 3 Maintenance of Private Disposal System.
(a). The Private Disposal System will be maintained by the Association and the costs of the
maintenance will be included in the Association's Common Expenses. In order to assure that there shall be finds
readily available to repair, maintain, or construct the Private Disposal System beyond the routine operation and
13

Book 1186 Page 277
maintenance expenses, the Association will create a specific fund out of the Common Expenses, which fund will be
kept separate from the routine maintenance fund allocated for the Private Disposal System and shall be part of the
yearly budget.
(b) In the event the Common Expense allocation and separate funds are rot adequate for the
construction, repair, and maintenance of the Private Disposal System, the Association will collect Special
Assessments to cover such necessary costs. Notwithstanding anything herein to the contrary, there shall be no limit
on the amount of such assessments, and these Special Assessments can be me& as necessary at any time.
(c) If a wastewater collection system and wastewater treatment and/or disposal facility provided by
any city, town, village, county, water and sewer authorities, or any other unit of government shall hereinafter
become available to serve the Development, including the portion of the Development currently served by the
Private Disposal System, then Association shall take such action as is necessary to cause the existing and future
wastewater of the Property to be accepted and discharged into said governmental system, and shall convey or
transfer as much of the Private Disposal System and such necessary easements as the governmental unit may require
as a condition of accepting the Property's wastewater.
(d) Recognizing that it would be contrary to public interest and to the public health, safety, and
welfare for the Association to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair, and operation of its Private Disposal System, the Association's Bylaws
provide that the Association shall not enter into voluntary dissolution without first having transferred its said,system
and facilities to some person, corporation, or other entity acceptable to and approved by the Commission by the
issuance of a permit.
(e) The Association shall not transfer, convey, assign or otherwise relinquish or release its
responsibility for the operation and maintenance of its PrivateDisposal System until a permit has been reissued to
the Association's successor.
ARTICLE XV
Section 1. Stormwater Ran Off Rules. All lots shall be subject to the State of North Carolina rules and
regulations concerning stomtwater runoff as these rules are amended from time to time. Without limiting the
foregoing, Declarant hereby reserves the right to impose additional restrictions upon the Property as issued by the
State of North Carolina. Such additional restrictions may be imposed by Declarant by the recording of a
Supplemental Declaration, and no joinder or consent of the Association or any other Owner or Person shall be
required on such Supplemental Declaration. These regulations provide:
(a) The following covenants are intended to ensure ongoing compliance with State Stomtwater
Management Permit number SW* 100807 as issued by the Division of Water Quality under 15A NCAC 2H.1000
(b) The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the Stormwater Management Permit
(c) These covenants tun with the land and shag be binding on all persons and parties claiming under
them.
(d) The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Water Quality.
(a) Alteration of the drainage as shown on the approved plans may not take place without occurrence
of the Division of Water Quality.
14

Book 1186 Page 278
(f) The maximum built -upon area per lot is 5,500 souare 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
and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel,
brick stone, slate, coquina and perking areas, but does not inchule raised, open wood decking, or the water surface
of swimming pools.
(g) All runoff on each lot must drain into the permitted system This may be accomplished through
providing roof drain gutters, which drain 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 drain into the system are not required to
provide these measures. All drainage measures will also be reviewed and must be approved by the Association prior
to construction.
(h) Built upon area in excess of the permitted amount will require a permit modification.
(i) Declarant reserves the right in its sole discretion, and in accordance with the state stormwater
permit, to recalculate and redesignate maximum built upon areas as set ford[ above, provided such recalculation and
redesigrmtions are in accordance with the state stormwater permit In addition, if any property as finally constructed
does not use its allocated built upon area, Declarant shall have the sole right to reclaim such excess allotment and
reallocate it to remaining properties in its sole discretion, provided such recalculations and redesignations are in
accordance with state stormwater rules and are reflected by an amendment to this Declaration.
Section 2. Removal of Nonconforming Condition. Any use, condition, structure or improvement placed,
allowed to exist or trade on or upon any lot in violation of this ARTICLE XV shall be deemed to be nonconforming.
Upon written request from the Board or the Declarant, the Owner responsible for said nonconforming condition, or
the owners' Association to which the Owner belongs, shall, at its own cost and expense, correct such nonconforming
use, structure, or improvement in accordance with the instructions of the Board, the Declarant, or its designees
which shall have the right to enter the property and comet the nonconforming condition. All costs, together with the
interest at the maximum rate then allowed by law, may be assessed against the Owner of the Lot or Dwelling Unit
and collected as an Individual Assessment as provided in ARTICLE V.
ARTICLE Xf
Section 1 Enforcement. The Association, the Declarant or any Owner, shall have the rights to enforce, by
any proceeding at law or in equity, all restrictions, conditions, covenams, reservations, liens and charges now or
hereafter imposed by the provisions of this Declaration. Failure by the Association, the Declarant or an Owner to
enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so
thereafter.
Section 2. Severability. The provisions of this Declaration are independent and severable, such that
invalidation of any one of time covenants or restrictions by judgment or court order shall in no way affect any other
provisions which shall remain in full force and effect.
Section 3. Amendment of Dedaradoo. The covenants and restrictions of this Declaration shall run with and
bind the land, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time they
shall be automatically extended for successive periods of ten (10) years. Except as provided elsewhere herein, the
covenants and restrictions of this Declaration may be amended only by an instrument signed by not less than sixty-
seven percent (67%) of the Lot owners. Amendments shall not become effective until approved by the Board of the
Association.
Section 4 If any amendment to these covenants, conditions, and restrictions is executed, each such
amendment shall be delivered to the Board of Directors of this Association. Thereupon, the Board of Directors shall,
within thirty (30) days, do the following:
15

Book 1186 Page 279
(a) reasonably assure itself that the amendment has been executed by the owners of the required munber of
Lots. (For this purpose, the Board may rely on its roster of members and shall not be required to cause any title to
any Lot to be examined).
Attach to the amendment a certification as to its validity, which certification shall be executed by the Association in
the same manner that deeds are executed The following form of certification is suggested:
CERTIFICATION OF VALIDITY OF AMENDMENT TO
COVENANTS, CONDITIONS AND RESTRICTIONS OF
BRISTOL BAY
BRISTOL BAY HOMEOWNERS' ASSOCIATION, INC
BY:
PRESIDENT
U-11-W119
SECRETARY.
Section 5 Management and Contract Rights of Association. Declarant may enter into a contract with a
Management company manager for the purposes of providing all elements of the operation, care, supervision,
maintenance, and management of the property. However, no such contract shall be binding upon the association
except through express adoption, or ratification of the terms and conditions of such contract Any contract or lease
entered into by Declarant or by the Association while Declarant is in control thereof shall contain a provision
allowing the Association to terminate such contract without justification or penalty after transfer of management by
Declarant to the Association.
Section 6. Rights of Noteholders. Any institutional holder of a first mortgage on a Lot will, upon request, be
entitled to (a) inspect the books and records of the Association during normal business hours, (b) receive an annual
audited financial statement of the Association within ninety (90) days following the and of its fiscal year, (c) receive
written notice of all meeting of the Association and right to designate a representative to attend all such mectings,
(d) receive written notice of any condemnation or casualty loss that affects either a material portion of the
subdivision or the lot securing its mortgage, (e) receive written notice of any sixty-day (60) delinquency in the
payment of assessments or charges owed by the owner of any lot on which it holds the mortgage, (I) receive written
notice of a lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the
Owner' association, (g) receive written notice of any proposed action that requires the content of a specified
percentage of mortgage holders, and (h) be famished with copies of all insurance policies.
16

Book 1186 Page 280
f.t
IN WITNESS F, the p hetet
ve caused this Declaration to be executed by the Declarant
and &a Association this day of 2018.
71 OBROLIMA OOLUAIDuB OCATWTT
mg or oerttflaatati of
tri
SOUTH SIDE DEVELOPERS, INC
C ) Polio OteB).Ole ) been vet MCI
allo Carolina rporation.
3ne a (Signature, seal o stamp, and an
ration date This Instrument and Ms
By
floats are duly registered At 00 Date
Jamie Kurt Malpass, E ident
o and,in the took aml page shown o 6bk
BRISTOL BAY HOMEOWNERS' ASSOCIATION, INC.
a North Carolina non-profit Corporation
Jteglstor Deeds
By:.,a,P���..T
B. Mal President
1Dayttt<y
ss.,
STATE OF NORTH AROLINA
COUNTY OFICO US
further
SIDE I
a Notary Public for County and State of North
certify that JAI IE KURT MALPASS, personally appeared ore me this day and
he is the President of SOUTH SIDE DEVELOPERS, INC., a North Carolina corporation and
ad that being authorized to do so he executed of the foregoing instnmment on behalf of SOUTH
ltS, INC. as President
WITNESS my hand and notarial seal thisday
KATRINA L. MOORE
Notary Public. North Carolina
/ New Hanover County
My Commission Expires
November 09.2020
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY O L SUS
I, a Notary Public for only and State of North
Carolina y certify that RI Y H. MALPASS, personally appeared fore me this day and
acka wledg t ha is the Presi t of BRISTOL BAY HOMEOWNERS' ASSOCIATION., INC., a North
Carolina co ration and further aclmowledged that being authorized to do so he executed of the foregoing
instrument on behalf of BRISTOL BAY HOMEOZday
' ASSOCIATION, INC. as President.
WITNESS my hand and notarial as thi of 201b8. /n
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L. MOORE
. North Carolinaover County [Named Notary Putssion Expires
er 09, 2020 My Commission Expires:
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08-22-2018 04:09:02 PM
KANDANCE H. BULLOCK
AeasmnDame
9Y: TAMIKA MCCMY
DEPIaY
BK: RB 1186
PG: 264-280
Prepared by: Hogue Hill, LLP 101 South Third Street, Wilmington, NC 28401
STATE OF NORTH CAROLINA
COUNTY OF COLUMBUS
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
BRISTOL BAY.
This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BRISTOL
BAY (herein "Declaration'l, is made and entered into on this the da day of P,4&V 2018 between South Side
Developers, Inc. (herein after "Declarant"),,and Bristol Bay Homeowner's Association Inc., (hereinafter
"Association's and all parties hereafter acquiring any of the described property.
WITNESSETH:
WHEREAS, Declarant is the owner of all lots within a subdivision in the County of Columbus, State of
North Carolina, known as Bristol Bay, and being that certain tract or parcel of land more particularly described by
map and survey recorded in Map Book 97, Page 27, Columbus County Registry, and
WHEREAS, Declarant desires to subject the Property to these protective covenants within BRISTOL BAY
to provide for, among other things, the preservation of the property values and the desirability and attractiveness of
the real property in BRISTOL BAY, and to provide for the establishment and the continued maintenance of the
Common Areas, the Limited Common Areas and Landscape of Common Areas and Limited Common Areas (as
defined below) in BRISTOL BAY.
NOW THEREFORE, Declarant declares that the Property described in Exhibit A shall be held, sold, and
conveyed subject to the North Carolina Planned Community Act set forth in Chapter 47F of the North Carolina
GeneralStatutes (the "Act"), as well as the following easements, restrictions, covenants, and conditions. Theses
Protective Covenants shall be binding on and shall inure to the benefit of all parties having any right, title or interest
in the Properties or any part thereof, their heirs, successors, and assigns.

AUG 2 3 2 011 3
e

ARTICLE I
PROPERTIES SUBJECT TO THIS DECLARATION
The property which shall be held, transferred sold, conveyed, and occupied subject to this Decimation is
located in the County of Columbus, State of North Carolina, and is more particularly described as being all of the
property shown on map and survey recorded in Map Book 97, Page 27, Columbus County Registry, plus all the
utility and access easements as shown on the aforesaid map. The Declarant hereby subjects the heretofore described
property to this Declaration and the jurisdiction of the Association. Additional properties may be subjected to these
Declarations within ten (10) years from the date of this instrument.
ARTICLE II
DEFINITIONS
Section 1. "Act" shall mean the North Carolina Planned Community Act enacted under Chapter 47F of the
North Carolina General Statutes, as amended.
Section 2. "Articles" shall mean the Articles of Incorporation of the Association as filed with the Secretary of
State, State of North Carolina, as the same may be from time to time amended
Section 3. "Additional Property' shall mean and refer to any lands which are now owned or may be hereafter
acquired or developed by Declarant, in addition to the above described property, and annexed to and made a part of
BRISTOL BAY pursuant to the provisions of this Declaration.
Section 4. " Association" shall mean and refer to BRISTOL BAY HOMEOWNERS ASSOCIATION, INC., a
North Carolina non-profit corporation, its successors and assigns.
Section 5. "Board" or'Board of Directors" shall mean those persons elected or appointed and acting
collectively as the board of directors of the Association.
Section 6. "Bylaws shall mean the document for governance of the Association as adopted initially by the
Board and as amended by the Members.
Section 7. "Common Properties" shall mean all real property and any improvements constructed thereon,
owned by the Association for the common use and enjoyment of the Owners and Members of the Association.
Section "Common Expense" shall mean and include
(a) All sums lawfully assessed by the Association against its members;
(b) Expenses of the common area and administration, maintenance, repair, or replacement of
the Common Area/Pond/Drainage Easement;
(c) Expenses declared to be common expenses by the provisions of the Act, this Declaration
or the Bylaws of the Association;
(d) Hazard, liability, or such other insurance premiums as the Act, the Declaration or the
Bylaws may require the Association to purchase; or as the Association may deem appropriate to
purchase;
(e) Ad valorem taxes and public assessment charges lawfully levied against Common
Properties;
(f) Expenses agreed by the members to be common expenses of the Association.
Section 9. "Declarant" shall mean and refer to South Side Developers, Inc, its successors and assigns if such
successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of
development.

Section 10. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the
Properties with the exception of the "Pond/Drainage Easement/Common Area."
Section 11. "Member" shall mean and refer to every person or entity who holds membership in the
Association.
Section 12. "Membership" shall mean and refer to the rights, privileges, benefits, duties, and obligations,
which shall inure to the benefit of and burden each Member of the Association.
Section 13. "Notice" required to be given herein shall be in writing and mailed by U.S. mail, postage prepaid,
first class to the address of the Association or of any Member on the records of the Association or shall be hand
delivered to the Association or the Member.
Section 1 . "Owner" or "Lot Owner' shall mean and refer to the record owner, whether one or more persons
or entities, of a fee simple title to any Lot which is part of the Property, including contract sellers, but excluding
those having such interest merely as security for the performance of an obligation. Record ownership of any Lot
shall make the Owner thereof a Member of the Association.
Section 15 "Planned Community" shall mean the Property, any Additional Property, and all portions thereof,
which the Declarant has submitted or may later submit to the terms, covenants, conditions, easements and
restrictions of this Declaration, as contemplated by Section 4717-1-103(23) of the Act.
Section 16 "Pond/Drai age Easement/Common Area" shall consist of those areas designated on recorded
plats of Bristol Bay as such. Such areas shall be dedicated in perpetuity to the common use and enjoyment of the
owners. The Declarant will convey all Permanent Common Open Space shown on the various plats of the
subdivision to the Association. The Association shall be responsible for the repair and maintenance thereof as set
forth in this Declaration.
Section 17. "Properties" shall mean and refer to that certain real property herembefore described, and such
additions thereto as may hereafter be brought within the jurisdiction of the Association.
ARTICLE III
PROPERTY RIGHTS
Section 1. Owners' Easements of Eniovment. Every Owner shall have the right and easement of
enjoyment in and to the Common Properties together with and including the right of access, ingress and egress, both
pedestrian and vehicular, on and over the drives, walkways and parking areas of the Common Properties, all of
which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
(a) the right of the Association to dedicate, sell, lease mortgage or transfer all or any part of
the Pond/Drainage Easement/Common Area, or any interest therein, to any public agency,
authority, or utility, or to any other person for such purposes and subject to such conditions as may
be agreed upon by the Members. No such dedication, sale, mortgage or transfer shall be effective
unless it has been approved by a vote or the written agreement to such dedication, sale, lease,
mortgage, or transfer signed by two-thirds of each class of Members has been recorded, and the
Lake Waccamaw Town Council has agreed to such conveyance. On such instrument, the Secretary
of the Association shall certify that two-thirds of the Members have approved the dedication, sale,
lease, mortgage or transfer, and that the certificate may be relied upon by any third party without
inquiry and shall be conclusive as to any grantee, its successors or assigns; provided, however,
conveyances for general utility purposes, as specified herein, may be made by the Association
without consent of the Members.

(b) the right of the Association, in accordance with its Articles or Bylaws to impose riles and
regulations for the use and enjoyment of the Common Properties, the Lots and improvements
thereon, which rules and regulations may further restrict the use of the Common Properties and
create Limited Common Properties.
(c) the right of Owners of Lots on additional lands annexed to the Property initially, or
subsequently, to the easements of enjoyment and rights of ingress, egress and access, as specified
above, to the initial Property and all lands included in subsequent phases.
(d) the right of the Association, in accordance with its Articles and By -Laws, to borrow
money for the purpose of improving the Pond/Drainage Easement/Common Area, and facilities
and in aid thereof to mortgage said property, and the rights of such mortgagee in said Properties
shall be subordinate to die rights of the homeowners hereunder, and
(a) the right of the Association to adopt publish, and enforce rules and regulations as
provided in Article M.
Section 2. Title to the Common Properties. The Declarant hereby covenants for itself, its heirs and
assigns, that it will convey fee simple title to the Pond/Drainage Easement/Common Area to the Association, free
and clear of all encumbrances and liens, prior to the conveyance of the fast Lot
Section Parldna Rights. The Association may regulate the parking of boats, trailers, and other such items
on the permanent Common Open Space.
ARTICLE IV
OWNERS' ASSOCIATION
section1. Formation of Association. BRISTOL BAY HOMEOWNERS ASSOCIATION, INC. is a non-
profit corporation organized pursuant to the Nonprofit Corporation Act of the State of North Carolina for the
purpose of establishing an association for the Owners of Lots to operate and maintain the Common Properties,
collect and disburse funds to pay the Common Expenses, and to provide any other services provided in this
Declaration or agreed to by a majority of the Members.
Section 2. Membership. Every owner of a lot which is subject to assessment shall be a Member of the
Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is
subject to assessment.
Section J. Voting Righb. The Association shall have two classes of voting membership:
Class A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to
one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be
members. The vote for such Lot shall be exercised as they determine, but in to event, shall more than one vote be
cast with respect to any Lot. Fractional voting with respect to any Lot is hereby prohibited.

Class B. During the Declarant Control Period as set forth below the Declarant shall be a Class B member
and shall be entitled to four (4) votes for each Lot owned. The Class B membership shall cease and be converted to
Class A membership on the happening of either of the following events, whichever occurs earlier.
(a) when the Declarant owns one percent (1%) or less of the total number of the Planned Lots in the
Property, including any Additional Property shown on the map of survey recorded in Map Book 97, Page
27 of the Columbus County Registry; or
(b) on December 31, 2041; or
(c) upon the surrender of all Class B membership by the holder thereof or cancellation by the Association.
Section 4. Powers. Privileges. Rights and Obligations In addition to the rights and powers granted to the
Association by the Act, this Declaration, its Articles and Bylaws, and to the rights and powers with regard to
assessments set forth in Article V of this Declaration, the Association shall have and possess and shall perform and
exercise the following powers, privileges, rights and duties, subject, however, to the rights of the Declarant
contained in Article VI hereof.
(a) The Association shall be entitled to make and amend reasonable rules and regulations
governing use of the Lots and the Common Properties;
(b) The Association shall be responsible for the operation, upkeep, maintenance, protection,
preservation, repairs, reconstruction and/or replacement of (i) the Common Properties
improvements and additions thereto, and (ii) it may, in its sole and absolute discretion, accept
responsibility for the upkeep and maintenance of the Limited Common Properties, if any;
provided, however, that in the event that any of the above activities are necessitated by the willful
act or active or passive negligence of any Owner, his family, guests, invitees or tenants, or is
caused by fire, wind, rain, blowing water, lightening, smoke or other hazard or casualty, and the
cost of such maintenance, repair or other activity is not fully recovered by insurance, then, at the
sole discretion of the Board, the cost of the same shall be the personal obligation of the Owner and
if not paid to the Association upon demand, may be added to the annual assessment levied against
said Owner's Lot;
(c) The Association may engage in such other activities as authorized by a 67% of the votes
of its Members;
(d) The Association may suspend the voting rights and privileges of any Owner for any
period during which any assessments against the Owner's Lot remain unpaid, and for a period not
to exceed 60 days for an infraction of the published rules and regulations of the Association; and
(e) The Association may mortgage or convey the Common Properties, or dedicate or transfer
all or part of the Common Properties, to any public agency, authority or utility in the manner
described herein.
(t) The Association shall have the authority to hire and discharge management agents, employees,
and independent contractors.

ARTICLE V
COVENANT FOR MAINTENANCE
Section 1. Creation of the Lien and Personal Ob t don of Assessments. The Declarant, for each Lot
owned within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore,
whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1)
annual assessments or charges which are Common Expenses, and (2) special assessments for extraordinary
maintenance and capital improvements, (3) special assessments for purchase, construction or reconstruction of
improvements; (4) to the appropriate governmental taxing authority, a pro rats share of assessments for public
improvement to the Common Properties and public roads if the Association shall default in payment thereof; and (5)
assessments (fines) levied as a result of violations of the Declaration Hiles, policies and design guidelines.
The annual and special assessments, together with interest and costs, fines, and reasonable attorneys' fees
for collection, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such
assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees, shall also be
the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. The
personal obligation for the delinquent assessments shall not pass to his successors in the title unless expressly
assumed by them.
The Association shall also have the authority, through the Board to establish, fur and levy a special
assessment on any Lot to secure the liability of the Owner thereof to the Association arising from breach by such
Owner of any of the provisions of this Declaration which breach shall require the expenditure of time and money or
both, by the Association for repair or remedy.
Each Owner covenants for himself, his heirs, successors and assigns, to pay each assessment levied by the
Association on the Lot described in such conveyance to him within ten (10) days of the due date as established by
the Board, and further covenants that if said assessment shall not be paid within thirty (30) days of the due date, the
payment of such assessment shall be in default and the amount thereof become a lien upon said Owner's Lot as
provided herein and shall continue to be such lien until fully paid.
Section 2. Purposes of Assessments.The assessments levied by the Association shall be used exclusively for
the paying of Common Expenses to promote the recreation, health, safety, and welfare of the residents in the
Properties and in particular, but not limited to, for the acquisition, improvement and maintenance of the
Pond/Drainage Easement/Common Area, including, the maintenance, repair, and reconstruction of facilities serving
the properties situated on the Common Area, such maintenance to include the cutting and removal of weeds and
grass and the removal of trash and rubbish or any other maintenance or for the use and enjoyment of the Common
Area, including but not limited to, the cost of repairs, replacements and additions, the cost of labor, equipment,
materials, management and supervision, the payment of taxes and public assessments assessed against the Common
Area. the Procurement and maintenance of insurance in accordance with this Declaration, the employment of
attorneys to represent the Association when necessary, the provision of adequate reserves for the replacement of
capital improvements including, without limiting, the generality of the foregoing, signs, grading, landscaping and
any other major expense for which the Association is responsible, and such other needs as may arise.
Section 3. Reserves. The Association shall establish and maintain an adequate reserve fund for the periodic
maintenance, repair, and replacement of improvements to the common area and those other portions of the
Properties which the Association may be obligated to maintain. Such reserve fund is to be established out of regular
assessments for common expense.
Section 4. Maximum Annual Assessment. Until January l of the year immediately following the
conveyance of the fast Lot to an Owner, the maximum annual assessment shall be S360.00 per lot.

(a) From and after January I of the year immediately following the conveyance of the first Lot to an
Owner, the maximum annual assessment may be increased effective January I of each year without a vote
of membership by up to five (5°/n) of the previous year's assessment.
(b) From and after January I of the year immediately following the conveyance of the lust Lot to an
Owner, the maximum annual assessment may be increased above the increase permitted in Section 4(a)
above by a vote of 67% of each class of Members who are voting in person or by proxy, at a meeting duly
called for this purpose, written notice of which shall be sent to all Members not less than (30) days nor
more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. The
limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as
an incident to a merger or consolidation in which the Association is authorized to participate under its
Articles of Incorporation.
(c) The Board of Directors may fix the annual assessment at an amount not in excess of the
Maximum without a vote of the Members.
Section 5. Special Assessments for Capital Improvements. In addition to the Annual Assessments
authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to the year
only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, restoration, repay
or replacement of a capital improvement upon the Common Area, and in connection with maintenance, including
fixtures and personal property related thereto, and any property for which the Association is responsible, provided
that any such assessment shall have the assent of 67% of each class of members who are entitled to vote in person or
by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than
thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting..
Section 6. Notice and Ouorum for Any Action Authorized Under Sections 4 and 5. Written Notice of any
meeting called for the purpose of taking any action authorized under Section 4 or 5 shall be sent to all members not
less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called,
the presence of members or of proxies entitled to cast sixty percent (60%) of all votes of each class of membership
shall constitute a quorum. If the quorum is not present, another meeting shall be called subject to the same notice
requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at
the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding
meeting.
Section 7. Insurance Assessments. All premiums on insurance policies purchased by the Board or its
designee pursuant to Article IV and any deductibles payable by the Association upon loss shall be a Common
Expense, and the Association may in any assessment year levy against the Owners equally an "Insurance
Assessment", in addition to the Annual Assessments provided for under Section 4 above, which shall be in an
amount sufficient to pay the annual cost of all such deductibles and insurance premiums not included as a
component of the Annual Assessment. Such Assessment shall not be subject to the 5% limitation set out in Section
4, (a) of this Article V.
Section 8 Ad Valorem Tax Assessments. All ad valorem taxes levied against the Common Properties, if
any, shall be a Common Expense, and the Association may in any assessment year levy against the Owners equally
an "Ad Valorem Tax Assessment", in addition to the Annual Assessments provided for under Section 4 above,
which shall be in an amount sufficient to pay such ad valorem taxed in such year not included as a component of the
Annual Assessment. Such assessment shall not be subject to the 5% limitation set out in Section 4, (a) of this
Article V.

Section 9. Uniform Rate of Assessment: Grace Period for Builders.
(a) Both Annual and Special Assessments shall, except as herein otherwise specifically provided, be
fixed at a uniform rate for all Lots and shall be collected on monthly basis, provided however, that the assessment
for Lots owned by the Declarant which are not occupied as a residence, may be a lesser amount as fixed by the
Board of Directors of the Association, but shall not be less than twenty-five percent (25%) of the regular assessment
for other Lots. However, during the Declarant Control Period the Declarant may satisfy its obligation for Lots it
owns by paying the difference between the amount of assessments levied on all other Lots subject to assessment and
the amount of the actual expenditures by the Association during the fiscal year.
(b) Declarant's Option to Fund Budget Deficits. During the Class'B" Control Period, Declarant may
satisfy its obligation for assessments on Units which it owns either by- (i) paying such assessments in the same
manner as any other Owner, (ii) paying the difference between the amount of assessments levied on all other Units
subject to assessment and the amount of actual expenditures by the Master Association during the fiscal year; or (iii)
paying one-half of the assessments for an unimproved Unit for all Units which are platted and Recorded but which
have not yet been sold to an Owner other than Declarant or an Approved Builder. Unless Declarant otherwise
notifies the Board in writing at least forty-five (45) days before the beginning of each fiscal year, Declarant shall be
deemed to have elected to continue paying on the same basis as during the immediately preceding fiscal year.
Regardless of Declarant's election, Declarant's obligations hereunder may be satisfied in the form of cash
or by "in kind" contributions of services or materials, or by a combination of these. After termination of the Class
"B" Control Period, Declarant shall pay assessments on its unsold Units in the same manner as any other Owner.
Section 10. Date of Commencement of Assessments: Due Dates. The annual assessments provided for
herein shall commence as to all Lots on the first day of the month following the conveyance of the Pond/Drainage
Easement/Commou Area. Such annual assessments shall be paid ratably on a monthly basis. The Board of Directors
shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual
assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due
dates shall be established by the Board of Directors. The association shall, upon demand, and for a reasonable
charge, furnish a certificate signed by an officer of the Association setting forththe assessments on a specified Lot
have been paid. Any certificate so given shall be conclusive evidence of payment of the assessments stated therein.
Section 11. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not
paid within thirty (30) days after the due date shall bear interest from the due date at the rate of six percent (6%) per
annum. The Association may bring an action at law against the Owner personally obligated to pay the same or
foreclose the lien against the property in the same manner in which Deeds of Trust may be foreclosed under the
power of Sale pursuant to Chapter 45 of the N.C. General Statutes, or its successors, and in either event interest,
costs, late payment charges and reasonable attorneys' fees of any such action shall be added to the assessment. No
Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Permanent
Common Space or abandonment of his Lot. Should any deficiency remain after the foreclosure, the Association may
also bring an action against the owner of said deficiency.
Section 12. Subordination of the Lien to Mortesees and Ad Valorem Taxes. The lien of the
assessments provided for herein shall be subordinate to the lien of any institutional first mortgage and ad valorem
taxes. Sale or transfer of any Lot pursuant to mortgage or tax foreclosure or any proceeding in lieu thereof, shall
extinguish the lien of such assessments as to payments which become due prior to such sale or transfer, but shall not
abate the personal obligations of the prior Owner. No sale or transfer shall relieve such Lot from liability for any
assessments thereafter becoming due or from the lien thereof. Should the priorities set forth above be modified by
law, such variation as established by law shall prevail.
Section 13. Exempt Property. All Properties dedicated to, and accepted by, a local public authority and
Properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of North
Carolina shall be exempt from the ad valorem tax assessments created herein. However, no land or improvements
devoted to dwelling use shall he exempt from said assessments.

Section 14. Working Capital Fund At the time of closing of the sale of each lot a aunt equal to
i200.00 for each lot shall be collected and transferred to the Association to be held as a working capital fund. The
purpose of said fund is to ensure that the Association Board will have adequate cash available to meet unforeseen
expenses, and to acquire additional equipment or services deemed necessary or desirable. Amounts paid into the
fund shall not be considered advance payment of regular assessments.
ARTICLE VI
USE RESTRICTIONS AND ARCHITECTURAL CONTROL
No building, fence, wall, or other structure shall be commenced, erected, or maintained upon the Properties,
nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing
the nature, kind, shape, height, 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
Board of Directors of the Association, or by an amliitectttml committee composed of three (3) or more
representatives appointed by the Board In the event said Board, or its designated committee, fails to approve or
disapprove such design and location within sixty (60) days after said plans and specifications have been submitted to
it, approval will not be required and this Article will be deemed to have been fully complied with.
ARTICLE VII
ANNEXATION OF ADDITIONAL PROPERTY
Section 1 Annexation of additional property shall require approval from the Association, and shall be
required to occur within ten (10) years from the date of this instrument, provided, however, that all annexations of
additional properties to the original development described in Article I hereof must be contiguous to the property
described in Article 1 hereof or property previously annexed. Provided further, that no annexation of additional
property shall have the effect of placing the original development in violation of the Town of Lake Waccamaw
Zoning ordinances.
Section 2 Annexation of non-contiguous additional Properties shall be accomplished by recording, in the
County Registry a Declaration of Annexation, duly executed, describing the lands annexed and incorporating the
provisions of this Declaration, either by reference or by fully setting out said provisions of this Declaration. These
additional lands shall be deemed annexed to the Properties on the date of recordation of the Declaration of
Annexation, and in the case of an annexation by the Declarant, no action or consent on the part of the Association or
any other person or entity shall be necessary to accomplish the annexation, except approval by the Town of Lake
Waccamaw.
Section 3 Prior to the conveyance of the first lot in any newly annexed area, the Declarant shall deliver to
the Association one or more deeds conveying fee simple title to any Permanent Common Open Space within the
lands annexed free and clear of all encumbrances and liens.
Section 4. This Article shall not apply to those Lots shown on the Map of Bristol Bay recorded in Map Book
97, Page 27 in the Columbus County Registry and identified as "Future Development." These lots may be annexed
by the Declarant without the need for action or consent on the part of any third party.

ARTICLE VIII
INSURANCE
Section 1. Insurance coverage on the Property shall be governed by the following provisions:
(a) Ownership of Policies. All insurance policies upon the common area shall be purchased by the
Association for the benefit of all the Association and its Members.
(b) Coverage. All buildings and improvements and all personal property included in the Permanent
Common Open Space and facilities shall be insured in an amount equal to one hundred percent (100%)
insurable replacement value as determined annually by the Association with the assistance of the insurance
company providing coverage. Such coverage shall provide protection against:
(i) Loss or damage by fire and other hazards covered by the standard coverage endorsements, and
ii) Such other risks as from time to time shall be customarily covered with respect to
improvements on the land, if any.
(iii) Such policies shall contain clauses providing for waiver of subrogation.
(c) Liability. Public liability insurance shall be secured by the Association with limits of liability of
no less than One Million and No/100 Dollars ($1,000,000) per occurrence and shall include an endorsement
to cover liability of the Owners as a group to a single Owner. Thereshall also be obtained such other
insurance coverage as the Association shall determine from time to time to be desirable and necessary.
(d) Premiums. Premiums for insurance policies purchased by the Association shall be paid by the
Association and charged to the Owners as an assessment according to the provisions of Article V above.
(e) Proceeds. All insurance policies purchased by the Association shall be for the benefit of the Association
and the Owners and their mortgagees as their interest may appear, and shall provide that all proceeds
thereof shall be payable to the Association as insurance trustee under this Declaration. 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
for the purposes stated herein or stated in the By -Laws and for the benefit of the Owners and their
mortgagees in the following shares:
(i) Proceeds on account of damage to Permanent Common Open Space and facilities held for the
Association.
(ii) In the event a mortgagee endorsement has been issued for any Lot, the share of the Owner
shall be held in trust for the mortgagee and the owner as their interests may appear.
Section 2. Distribution of Insurance Proceeds. Proceeds of insurance policies received by the Association
as insurance trustee shall be distributed to or for the benefit of the beneficial owners in the following manner:
(a) Expense of the Trust. All expenses of the insurance trustees shall be first paid or provisions made
therefor.
(b) Reconstruction or Repair. The remaining proceeds shall be paid to defray the cost of repairs. Any
proceeds remaining after defraying such cost shall be distributed to the beneficial owners as above
provided.
Section . Fidelity Insurance or Bond. All persons responsible for or authorized to expend funds, or
otherwise deal in the assets of the Association or those held in trust, shall first be bonded by a fidelity insurer to
indemnify the Association for any loss or default in the performance of their duties in an amount equal to twelve
(12) months assessments plus reserves accumulated.
10

ARTICLE IX
USE RESTRICTIONS
Section 1. Rules and Regulations. The Board of Directors of the Association shall have the power to
formulate, amend, publish, and enforce reasonable rules and regulations concerning the use and enjoyment of each
Lot and the Permanent Common Open Space. Such rules and regulations may provide for imposition of fines or
penalties for the violation thereof, or for the violation of any of the covenants and conditions contained in this
Declaration.
Section 2. Use of Properties. No portion of the Properties (except for temporary office duties of the
Declarant and/or any model used by Declarant) shall be used except for residential purposes and for purposes
incidental or accessory therew.
Section 3. Quiet Enjoyment No obnoxious or offensive activity shall be carried on or upon any Lot. nor
shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. There
shall not be maintained any plants or animals, nor device or thing of any sort whose normal activities or existence
are in any way noxious, dangerous, unsightly, unpleasant or of such other nature as may diminish or destroy the
enjoyment of other Lots by the Owners thereof.
Section 4. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot or in
any dwelling except that dogs, cats or other household pets that in the sole opinion of the Association are not
deemed threatening or dangerous to people may be kept or maintained, provided that they am not kept or maintained
for commercial purposes and provided further that they are not allowed to run free, are at all times kept properly
leashed and under the direct control of their owner and do not become a nuisance to the neighborhood. Only a
resident's personal household pets may be kept or maintained. Each owner will be responsible for immediately
collecting and properly disposing of waste from his pet.
Section Dwelling Specifications. No dwelling shall be constructed or permitted to remain on any lot
having an area of the main structure, including attached garages and storage rooms, and exclusive of open porches
and decks, of less than twelve hundred (1200) square feet. All yard and setback requirements shall comply with the
Town of Lake W accamaw setback regulations
No building shall be erected altered, placed or permitted to remain on any lot other than one (1)
detached single-family dwelling not to exceed two and one-half (2 '/2) stories in height and a private garage for not
more than three (3) cars; and (with the approval of the Board of Directors of Bristol Bay Homeowners' Association
or its Architectural Control Committee) an accessory building or structure for storage or other appropriate use, not in
excess of one thousand (1000) square feet in area. In addition, each lot shall contain sufficient off-street parking
space for at least two full-sized automobiles. No automobiles shall be parked on any street abutting any of the lots.
No lot shall be subdivided without the express consent of the Bristol Bay Homeowners' Association and the Town
of Lake W accamaw. An owner may let or rem his entire dwelling unit, but no portion of any dwelling unit shall be
leased separately from the rest of the unit.
Section Temporary Structures. Except as herembefore set forth, no trailer, tent, shack, barn, or other out
building, except a private garage for not more than three (3) cars, nor less than two (2) or an out building not more
than one thousand (1000) square feet in size, shall be erected or placed on any lot covered by these covenants. No
detached garage shall at any time be used for human habitation, either temporarily or permanently.
Section 7. Fences and Signs. No fence or fence -type barrier of any kind shall be placed, erected, allowed, or
maintained upon any portion of the community, including any lot, without the prior written consent of the Bristol
Bay Homeowners' Association or its designated Architectural Control Committee. The committee may issue
guidelines detailing acceptable fence styles or specifications, but in no event, shall hogwim be approved.
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Chain -link fencing shall not be visible from the front (or the front and side, in the care of a comer lot) of any house
located on a lot having such type fencing. No signs shall be erected or allowed to remain on any lot except with the
written consent of the Board of Directors.
Section 8. Accessory Buildings and Other Outdoor Structures. No accessory building of any nature
whatsoever (including, but not limited to, detached garages, storage buildings, doghouses, and greenhouses) shall be
placed on any lot without prior written approval of the Architectural Control Committee, with said committee to
have the sole discretion relating to the location and type of accessory building which shall be permitted on any lot.
No outside clothes lines, tree houses, playhouses, motorcycles, supplies, tractors, boats, trucks
(other than pic-up truck rated three-quarter tons or less), trailers, vans (other than one non-commercial van owned
and operated on a regular daily basis by the owner -occupant of the lot), campers or other equipment or vehicles,
except for operative licensed automobiles shall be regularly parked or stored on a lot except inside an enclosed
building, or behind screening approved by the Bristol Bay Homeowners' Association or its designated Architectural
Control Committee. Garbage and refuse containers, transformers, air conditioning and other mechanical equipment,
including solar and other alternative energy devises shall either be concealed behind screening, located or built at the
rear of the main residence, or integrated into the building design so as to be inconspicuous. All outdoor equipment
and accessories on a lot, such as play structures, benches, sculptures, etc., shall be concealed by approved screening
or approved in writing by the Board of Architectural Control Committee as compatible and harmonious with the
surroundings.
Section 9. Appearance. All fireplace chimneys shall be masonry construction. Communication towers are
expressly prohibited. All primary fuel storage tanks must be placed underground. No inoperable motor vehicles may
be parked on any lot if visible from any road within the subdivision. All mailboxes shall be the same type, or the
best possible match, if the original style is not available, and shall be provided to the first permanent Owner by the
builder of the dwelling unit.
All driveways and walks must be paved with concrete, asphalt, or brick All lots on which a dwelling or
unit is approved and built shall be landscaped in accordance with Bristol Bay Homeowners' Association, Inc.
specifications. Landscaping must be finished upon completion of the dwelling unit for occupancy. Total
constmetion time, from the date of final approval of Plans by the Board or Architectural Control Committee to the
completion of the dwelling unit for occupancy, shall not exceed twelve (12) months. All buffer areas are to be
according to the Association's requirements.
ARTICLE X
EASEMENTS
Section 1. All of the Properties, including Lots and Permanent Common Open Space, shall be subject to such
easements for driveways, walkways, parking areas,.water lines, sanitary sewers, storm drainage facilities, gas lines,
telephone and electric power lines and other public utilities as shall be established by the Declarant or by its
predecessors in title, prior to the subjecting of the Properties to this Declaration, and the Association shall have the
power and authority to grant and establish upon, over, under, and across the Permanent Common Open Space
conveyed to it, such further easements as are requisite for the convenience, use and enjoyment of the Properties. In
addition, there is hereby reserved in the Declarant and its agents and employees an easement and right of ingress,
egress, and regress across all Permanent Common Open Space, now or hereafter owned by the association, for the
purpose of construction of improvements within the Properties.
Section 2. An easement is hereby established over the Permanent Common Open Space and facilities for the
benefit of applicable governmental agencies, public utility companies and public service agencies as necessary for
setting, removing and reading of meters, replacing and maintaining water, sewer and drainage facilities, electrical,
telephone, gas, and cable antenna lines, firefighting, garbage collection, postal delivery, emergency and rescue
activities and law enforcement activities.
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Section 3. If any dwelling is located closer than five (5) feet from its lot line, so long as such setback
complies with the Town of Lake Waccamaw applicable Zoning Ordinances, the owner thereof shall have a perpetual
access easement over the adjoining lot to the extent reasonably necessary to perform repair, maintenance, or
reconstruction of his dwelling.
Such repair, maintenance, or reconstruction shall be done expeditiously and, upon completion of the work the
owner shall restore the adjoining lot to as near the same condition as that which prevailed prior to the
commencement of the work as is reasonably practicable.
Section 4. Water and Sewer. All lot owners shall be subject to monthly charges as approved by the proper
authorities for water and sewer for domestic usage.
ARTICLE XI
ELECTRICAL SERVICE
Declarants reserve the right to subject the above -described Property to a contract with Duke Energy
Progress for the installation of underground electric cables and/or installation of street lighting, either or both of
which may require an initial payment and/or continuing monthly payment to Duke Energy Progress by the Owner of
each Lot within said Property.
ARTICLE XIII
EMERGENCY ACCESS
In no case shall the Town of lake Waccamaw, be responsible for failing to provide any emergency or
regular fire, police, or other public service to such developments or their occupants when such failure is due to the
lack of access to such areas due to inadequate design or construction, blocking of access routes, or any other factor
within the control of the developer, homeowners' association, or occupants
ARTICLE XIV
WASTEWATER DISPOSAL SYSTEM
Section 1, Wastewater Disposal System. The wastewater treatment, collection, and disposal system (the
"Disposal System") serving the Property includes a private portion and a public portion. The private portion of the
Disposal System (the "Private Disposal System) will consist of one (1) grinder pump on each Lot and the sewer line
that nuts from the grinder pump to the street right of way where it will connect with the public portion of the
Disposal System. The public portion of the Disposal System will consist of the sewer lines ru ruing under the street
right of ways of Bristol Bay.
Section 2. The Private. Disposal System is permitted by the North Carolina Environmental Management
Commission, ("The Commission"). The Private Disposal System has been constructed by the Developer in
accordance with permit Number W00036032, and plans approved by the Commission (collectively, the "Permit).
The Private Disposal System and appurtenances thereto are part of the Common area of the Property and shall be
property maintained and operated by the Association in conformity with the North Carolina law and provisions of
the permit for construction, operation, repair, and maintenance of the system and facilities. The Private Disposal
System is a Common Area which will receive the highest priority for expenditures by the Association except for
Federal, State, and local taxes and insurance.
S do 3 Maintenance of Private Disposal System.
(a). The Private Disposal System will be maintained by the Association and the costs of the
maintenance will be included in the Association's Common Expenses. In order to assure that there shall be funds
readily available to repair, maintain, or construct the Private Disposal System beyond the routine operation and
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maintenance expenses, the Association will create a specific fund out of the Common Expenses, which fund will be
kept separate from the routine maintenance fund allocated for the Private Disposal System and shall be part of the
yearly budget.
(b) In the event the Common Expense allocation and separate funds are not adequate for the
construction, repair, and maintenance of the Private Disposal System, the Association will collect Special
Assessments to cover such necessary costs. Notwithstanding anything herein to the contrary, there shall be no limit
on the amount of such assessments, and these Special Assessments can be made as necessary at any time.
(c) If a wastewater collection system and wastewater treatment and/or disposal facility provided by
any city, town, village, county, water and sewer authorities, or any other unit of government shall hereinafter
become available to serve the Development, including the portion of the Development currently served by the
Private Disposal System, then Association shall take such action as is necessary to cause the existing and future
wastewater of the Property to be accepted and discharged into said governmental system, and shall convey or
transfer as much of the Private Disposal System and such necessary easements as the governmental unit may require
as a condition of accepting the Property's wastewater.
(d) Recognizing that it would be contrary to public interest and to the public health, safety, and
welfare for the Association to enter into voluntary dissolution without having trade adequate provision for the
continued proper maintenance, repair, and operation of its Private Disposal System, the Association's Bylaws
Provide that the Association shall not enter into voluntary dissolution without fast having transferred its said system
and facilities to some person, corporation, or other entity acceptable to and approved by the Commission by the
issuance of a permit.
(e) The Association shall not transfer, convey, assign or otherwise relinquish or release its
responsibility for the operation and maintenance of its Private Disposal System until a permit has been reissued to
the Association's successor.
ARTICLE XV
STORMWATER PERMITIFACELITIES
Section 1. Stormwater Run Off Rules. All lots shall be subject to the State of North Carolina rules and
regulations concerning stormwater runoff as these rules are amended from time to time. Without limiting the
foregoing, Declarant hereby reserves the right to impose additional restrictions upon the Property as issued by the
State of North Carolina. Such additional restrictions may be imposed by Declarant by the recording of a
Supplemental Declaration, and no joinder or consent of the Association or any other Owner or Person shall be
required on such Supplemental Declaration. These regulations provide:
(a) The following covenantsare intended to ensure ongoing compliance with State Stormwater
Management Permit number SWg 100807 as issued by the Division of Water Quality under 15A NCAC 2H.1000.
(b) The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the Stormwater Management Permit.
(c) These covenants run with the land and shall be binding on all persons and parties claiming under
them.
(d) The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Water Quality.
(e) Alteration of the drainage as shown on the approved plans may not take place without occurrence
of the Division of Water Quality.
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(f) The maximum built -upon area per lot is 5.500 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
and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel,
brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface
of swimming pools.
(g) All runoff on each lot must drain into the permitted system. This may be accomplished through
providing roof drain gutters, which drain 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 drain into the system are not required to
provide these measures. All drainage measures will also be reviewed and must be approved by the Association prior
to construction.
(h) Built upon area in excess of the permitted amount will require a permit modification.
(i) Declarant reserves the right in its sole discretion, and in accordance with the state stormwater
permit, to recalculate and redesignate maximum built upon areas as set forth above, provided such recalculation and
redesignations are in accordance with the state stormwater permit. in addition, if any property as finally constructed
does not use its allocated built upon area, Declarant shall have the sole right to reclaim such excess allotment and
reallocate it toremaining properties in its sole discretion, provided such recalculations and redesignations are in
accordance with state stormwater rules and are reflected by an amendment to this Declaration.
Section 2. Removal of Nonconforming Condition. Any use, condition, structure or improvement placed,
allowed to exist or made on or upon any lot in violation of this ARTICLE XV shall be deemed to be nonconforming.
Upon written request from the Board or the Declarant, the Owner responsible for said nonconforming condition, or
the owners' Association to which the Owner belongs, shall, at its own cost and expense, correct such nonconforming
use, structure, or improvement in accordance with the instructions of the Board, the Declarant, or its designees
which shall have the right to enter the property and correct the nonconforming condition. All costs, together with the
interest at the maximum rate then allowed by law, may be assessed against the Owner of the Lot or Dwelling Unit
and collected as an Individual Assessment as provided in ARTICLE V.
ARTICLE XI
GENERAL PROVISIONS
Section 1. Enforcement. The Association, the Declarant or any Owner, shall have the rights to enforce, by
any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or
hereafter imposed by the provisions of this Declaration. Failure by the Association, the Declarant or an Owner to
enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so
thereafter.
Section 2. Severabillty. The provisions of this Declaration are independent and severable, such that
invalidation of any one of these covenants or restrictions byjudgment or court order shall in no way affect any other
provisions which shall remain in full force and effect.
Section Amendment of Declaration. The covenants and restrictions of this Declaration shall run with and
bind the land, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time they
shall be automatically extended for successive periods of ten (10) years. Except as provided elsewhere herein, the
covenants and restrictions of this Declaration may be amended only by an instrument signed by not less than sixty-
seven percent (67%) of the Lot owners. Amendments shall not become effective until approved by the Board of the
Association.
Section 4 If any amendment to these covenants, conditions, and restrictions is executed, each such
amendment shall be delivered to the Board of Directors of this Association. Thereupon, the Board of Directors shall,
within thirty (30) days, do the following:
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(a) reasonably assure itself that the amendment has been executed by the owners of the required number of
Lots. (For this purpose, the Board may rely on its roster of members and shall not be required to cause any title to
any Lot to be examined).
Attach to the amendment a certification as to its validity, which certification shall be executed by the Association in
the same manner that deeds are executed. The following form of certification is suggested:
CERTIFICATION OF VALIDITY OF AMENDMENT TO
COVENANTS, CONDITIONS AND RESTRICTIONS OF
BRISTOL BAY
BRISTOL BAY HOMEOWNERS' ASSOCIATION, INC
BY:
PRESIDENT
ATTEST:
SECRETF
Section 5 Management and Contract Rights of Association. Declarant may enter into a contract with a
Management company manager for the purposes of providing all elements of the operation, care, supervision,
maintenance, and management of the property. However, no such contract shall be binding upon the association
except through express adoption, or ratification of the terms and conditions of such contract. Any contract or lease
entered into by Declarant or by the Association while Declarant is in control thereof shall contain a provision
allowing the Association to terminate such contract without justification or penalty after transfer of management by
Declarant to the Association.
Section 6. Rights of Noteholders. Any institutional holder of a first mortgage on a Lot will, upon request, be
entitled to (a) inspect the books and records of the Association during normal business hours, (b) receive an annual
audited financial statement of the Association within ninety (90) days following the end of its fiscal year, (c) receive
written notice of all meeting of the Association and right to designate a representative to attend all such meetings,
(d) receive written notice of any condemnation or casualty loss that affects either a material portion of the
subdivision or the lot securing its mortgage, (e) receive written notice of any sixty-day (60) delinquency in the
payment of assessments or charges owed by the owner of any lot on which it holds the mortgage, (f) receive written
notice of a lapse, cancellation, or material modification of any insurance policy or fidelitybondmaintained by the
Owners' association, (g) receive written notice of any proposed action that requires the content of a specified
percentage of mortgage holders, and (h) be furnished with copies of all insurance policies.
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IN WITNESS
and the Association this
ri:. i'. CAROiMIA
the p beret ve caused this Declaration to be executed by the Declarant
ty of 2018.
rr
u
lr) eiF .) Public (fish) (hate) been Verified
r y;,uature, seal 0 stamp, and an
r. :eta This Instrument and this
.�!L-46ra are duly registered at the Date
11 faand in the book and page shown the
� I n i l .
SOUTH SIDE DEVELOPERS, INC
a No Carolina C rporation.
% 7
By i
Jamie Lurt Malpass, Aresident
BRISTOL BAY HOMEOWNERS' ASSOCIATION, INC.
a North Carolina non-profit Corporation
By // � ,Q-','P"a,-
T
-9 Dew bf Deeds B. Malimss., President
STATE OF NORTH AROLINA
COUNTYFdt
S
a Notary Public forCounty and State of North
Carolina, that J KURT MALPASS, personally appeared efore me this day and
ack nowlee President of SOUTH SIDE DEVELOPERS, INC., a North Carolina corporation and
further acbeing authorized to do so he executed of the foregoing instrument on behalf of SOUTH
SIDE DEVELOPERS, INC. as President.
WITNESS my hand and notarial seal this day of Z 1Aaj, 20 k 8.
yI NA L. MOOR.E
( C. G.t ry PUY,lic• ^!orlh CBroliM1a
t�_.,. t;a ;nvsr Countyy
pepr,.inrossinr. Ex;�ires
rut'?2020
My Commission Expires: -
STATE OF NORTH CAROLINA
COUNTY O L BUS
1, a Notary Public for ounty and State of North
Carolina, er y certify that FREY B. MALPASS, personally appeared fore me this day and
aclnowledg t he is the Presi t of BRISTOL BAY HOMEOWNERS' ASSOCIATION., INC., a North
Carolina cc ration and further acknowledged that being authorized to do so he executed of the foregoing
instrument on behalf of BRISTOL BAY HOMEOWNE ' ASSOCIATION, INC. as President.
WITNESS my hand and notarial seal thiady of 1, 20I8.
I�v'aTRIN % I.. MOORS
y ?ubpr., North Carolina
='N' Nay: Hanover Coc ty
�"`` M•.; i,;>rnmi5swr. Expires
gf� ,ram 14:=L rrrfer 09. 2020
Swu�.uo..e��•an�+a»w+i. .
17
My Commission Expires: