SW8980508_Historical File_20091118

MACTEC
engineering and constructing a better tomorrow
October 8, 2009
Mr. David Cox
Surface Water Protection Section
Division of Water Quality
NC Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Subject: LETTER OF TRANSMITTAL
STORMWATER MANAGEMENT PERMIT RENEWAL
STORMWATER PERMIT NO. SW8 980508
SOUTH HARBOUR VILLAGE & MARINA
OAK ISLAND, BRUNSWICK COUNTY, NORTH CAROLINA
MACTEC Project 6470-09-2448
Mr. Cox,
On behalf of South Harbour Village Associates, LLC, please find the attached Stormwater Management
Permit Renewal Application and Designer's Certification for the South Harbour Village & Marina site in
Oak Island, Brunswick County, North Carolina.
Should you have any question or require additional information, please contact Jeff Mann at (919) 831-
8066.
Sincerely,
MACTEC ENGINEERING AND CONSULTING, INC.
Jef ann, P.E.
C i n ' eer
Enclosures: Stormwater Management Permit Renewal Application
Application Fee Check for $505
Designer's Certification
OCT 0 $ 2ao9
BY:
MACTEC Engineering and Consulting, Inc.
3301 Atlantic Avenue • Raleigh, NC 37604 • Phone: [phone] • Fax: [phone]
www.mactec.com

Summary of Stormwater Manaizement System Evaluation $Y. OCT ° 9 Zoos
Our objective was to evaluate existing site (as -built) conditions relative to the original permi ed
conditions described in Permit No SW8 980508 issued on February 22, 1999, for the high
density development portion of the site. The primary concerns included the amount of total
impervious area and verification that the stormwater management system was installed in
accordance with the approved permit requirements in effect during construction.
The total impervious area evaluation was based on a recent site location survey (NAVD 88/NAD
83) to delineate the extent of existing impervious area within the high density portion of the
development. Impervious areas were electronically quantified using AutoCAD Site/Civil 3D
Version 2010 from the recent survey prepared by Sherwin D. Cribb. Based on our evaluation,
the total impervious area at the site is 4.515 acres which is approximately 1.236 acres less than
the original permitted 5.751 acres. The modified parking area configuration noted in the
regulatory correspondence was included in the existing impervious area calculation for the high
density portion of the site. The primary reduction in impervious area at the site is attributed to
the modifications made in the drive/parking area located along the western side of the property.
The total permitted roadway impervious area was 3.713 acres. The existing roadway impervious
area is 2.592 acres, resulting in a 1.121 acre reduction.
The existing stormwater drainage system does not include drop inlets DI-6 and DI-7 and storm
drain pipes 8 and 9, as shown on the original permit drawings. In addition, stormwater pipe
invert variances from those shown on the permit drawings were also noted. Based on these
findings, it was necessary to confirm the adequacy of the existing stormwater management
system to convey the 10-year design storm flow at the site.
Our evaluation of the existing stormwater management system included a hydraulic grade line
(HGL) analysis using StormCAD (Version 5.2) to evaluate predicted water surface elevations in
the storm drainage system for the 10-year design storm (see attachments). Peak flows were
estimated using the Rational Method based on published rainfall intensity -duration -frequency
data for the Bald Head Island location in NOAA Atlas 14. Site topographic information was
based on published LIDAR data with a contour interval of one (1) foot. Based on the results of
our modeling, predicted water surface elevations within the stormwater drainage system either
remained within the piping system (i.e. no predicted surcharging) or were within acceptable
tolerances with respect to inlet surcharging (i.e. acceptable ponding depth above the inlet).
The original permitted infiltration basin storage volume for the site was approximately 42,700
cubic feet. The surveyed existing infiltration basin revealed a total storage volume of 15,295
cubic feet. Based on this variance from the original permitted conditions, we evaluated the
storage capacity of the infiltration basin relative to the required runoff volume resulting from 1.5
inches of precipitation from the existing (as -built) contributing watershed. Runoff volume
calculations were based on the Simple Method. The required storage volume for the existing
watershed area that discharges to the infiltration basin is 18,625 cubic feet which exceeds the
volume provided by the existing infiltration basin configuration by approximately 3,300 cubic
feet. Likewise, the required storage volume for the permitted watershed area is 29,773 cubic feet
which exceeds the existing basin volume by approximately 14, 500 cubic feet.

Summary of Stormwater Management System Evaluation
South Harbour Village & Marina
Stormwater Permit No. SW8 980508
Designer's Certification
October 2, 2009
Page 2
In summary, portions of the existing stormwater management system do not reflect permitted
conditions including stormwater inlets and pipes which were not installed, and the treatment
volume provided by the infiltration basin. In an effort to evaluate the existing system with
respect to potentially meeting current regulatory requirements we performed engineering
analysis on pertinent components of the stormwater management system as described previously.
Based on our analyses, the stormwater drainage system performs satisfactorily for the modeled
10-year design storm, but the infiltration basin does not have sufficient capacity to satisfy
previously permitted regulatory volume requirements for storage.

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Calculation Results Summary
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Scenario: Base
»» Info: Subsurface Network Rooted by: 0-1 (Infiltration
Basin)
» » Info: Subsurface Analysis iterations: 3
» » Info: Convergence was achieved.
CALCULATION SUMMARY FOR SURFACE NETWORKS
Label
Inlet
Inlet
Total
Total
Capture
Gutter Gu
'type
Intercepted
Bypassed
Efficiency
Spread De
Flow
Flow
(t)
(ft)
----------------
---------------
(cfs)
(cfs)
i
i
I-8
(Area
B-8)
Generic
Inlet
----------------------
Generic
Default
100$
-------------
10.10
----------
0.00
--------------------�---
100.0
0.00
I-7
(Area
B-7)
Generic
Inlet
Generic
Default
look
7.91
0.00
100.0
0.00
I-6
(Area
B-6)
Generic
Inlet
Generic
Default
100%
3.03
0.00
100.0
0.00
I-3
(Area
B-3)
Generic
Inlet
I Generic
Default
100%
4.26
0.00
100.0
0.00
I-2
(Area
B-2)
Generic
Inlet
Generic
Default
loot
3.62
0.00
100.0
0.00
I-1
(Area
B-1)
Generic
Inlet
Generic
Default
loot
1.70
0.00
100.0
0.00
I-4
(Area
B-4)
Generic
Inlet
Generic
Default
100%
1.61
0.00
100.0 j
0.00
I-5
(Area
B-5)
Generic
Inlet
Generic
Default
100%
5.08
0.00
100.0
0.00
CALCULATION SUMMARY FOR SUBSURFACE NETWORK WITH ROOT: 0-1 (Infiltration Basin)
Label
Number
Section
Section
Length
Total
Average
Hydraulic
Hydraulic
of
Size
Shape
(ft)
System
Velocity
Grade
Grade
Sections
Flow
(ft/s)
Upstream
Downstream
-------
----------
------------
--------------------
(cfs)
(ft)
(ft)
P-12
1
24x38 inch
Horizontal Ellipse
--------
58.00
--------
32.68
----------
6.41
-----------
8.31
------------
8.00
P-11
1
24x38 inch
Horizontal Ellipse
218.00
24.50
4.80
( 9.60
8.95
P-10
1
15 inch
Circular
103.50
3.03
2.47
10.01
9.78
P-7
1
19x30 inch
Horizontal Ellipse
156.00
14.96
4.53
10.33
( 9.78
P-5
1
19x30 inch
Horizontal Ellipse
108.00
10.49
3.18
10.68
10.49
P-6
1
15 inch
Circular
10.00
5.08
4.14
10.53
10.49
I P-4
1
15 inch
Circular
8.50
1.61
1.31
( 10.76
10.76
P-3
1
19x30 inch
Horizontal Ellipse
108.00
9.18
2.78
10.90
10.76
P-2
1
15 inch
Circular (
47.00
3.62
( 2.95
10,49
10.34
P-1
1
15 inch
Circular
104.00
1.70
1.38
10.41
10.34
Label
Total
Ground
Hydraulic
Hydraulic
System
Elevation
Grade
Grade
Flow
(ft)
LineInLine
Out
--------------------------
(cfs)
i
i
(ft)
0-1 (Infiltration Basin)
--------
32.49
-----------
5.00
-----------
8.00
-----------�
8.00
I-8 (Area B-8)
32.68
9.02
8.95
8.31
I-7 (Area B-7)
I 24.50
9.97
9.78
9.60
I-6 (Area B-6)
3.03
10.25
10.05
10.01
j u--i
i 14.96
10.90
10.49
10.33
J-2
10.49
11.00
I 10.76
10.68
I-5 (Area B-5)
5.08
10.42
10.55
10.42
I-4 (Area B-4)
1.61
.10.53
10.54
10.53
I-3 (Area B-3)
9.18
10.34
10.40
10.34
I-2 (Area B-2)
3.62
10.59
10.56
10.49
I-1 (Area B-1)
1.70
10.37 '
10.38
10.37
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MACTEC
engineering and constructing a better tomorrow
June 18, 2009
Ms. Georgette Scott
Stormwater Supervisor
NCDENR-Wilmington Regional Office
Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Subject: Proposed Action Plan
South Harbour Village and Marina
Oak Island, Brunswick County, North Carolina
MACTEC Project No. 6470092448
Dear Ms. Scott:
RECEIVED
JUN 1 9 2009
BX:
In response to the Notice of Violation (NOV-2009-PC-0319) dated April 20, 2009, MACTEC Engineering
and Consulting, Inc. (MACTEC), on behalf of South Harbor Village Associates, LLC, is submitting this
proposed action plan regarding South Harbor Village and Marina located in Oak Island, North Carolina.
(1) Stormwater Management Permit Renewal Application Form
We plan to submit a completed pert -nit renewal application, along with the appropriate permit fee, following
our evaluation of existing stormwater management measures relative to permit conditions outlined in
Stormwater Permit No. SW8 980508 issued on February 22, 1999, including provisions for operation and
maintenance.
(2) Designers Certification
We plan to submit the completed designer's certification following completion of our engineering
evaluation including obtaining as -built information regarding the previously permitted and constructed
stormwater management measures. As -built conditions may consist of previously modified drawings by
others to reflect as -built conditions during construction, construction records/reports, and/or current
survey/measurement of pertinent portions of the existing stormwater management system. Following our
evaluation of existing conditions relative to permitted conditions, we plan to complete applicable portions
of the designer's certification for regulatory submittal. We anticipate that the designer's certification will
be accompanied by appropriate supporting documentation, as is necessary, which may include survey
information, revised drawings, photographs, engineering calculations, etc.
(3) Permit Modification
Following the completion of our evaluation, we anticipate submitting a permit modification form (SWu-
101) as requested in the correspondence, to reflect additional parking reported by NCDENR. We anticipate
that the permit modification will be accompanied by appropriate supporting documentation, as is
necessary, which may include survey information, revised drawings, photographs, engineering
calculations, etc.
MACTEC Engineering and Consulting, Inc. NC Engineering License No. F-0653
3301 Atlantic Avenue • Raleigh, North Carolina 27604 • Phone: [phone] • Fax: [phone] www.mactec.com

South Harbour Village and Marina
June 18, 2009
(4) Infiltration Basin Maintenance
MACTEC Project No. 6470092448
Page 2
Maintenance activities will be performed on the infiltration basin which may be based on our experience with
similar systems, previously approved operation and maintenance procedures, industry standards of practice, etc.
Anticipated remedial actions include removal of trees and shrubs that could jeopardize the structural integrity of
the earthen embankment, removal of nuisance vegetation obstructing conveyance devices, removal of
accumulated sediment within the basin, repair of eroded/scour areas, reseeding denuded areas, etc.
Our proposed schedule for implementation of the plan is outlined below. (Please note that several of the items
may be conducted concurrently to expedite the process and that we have also accounted for potential inclement
weather and upcoming Holidays):
Task Target Completion Date
Perform Infiltration Basin Maintenance July 17, 2009
(Will depend on current contractor(s) availability)
Conduct Field Investigation (Including Surveying) July 31, 2009
Perform Engineering Evaluation August 14, 2009
Regulatory Submittals September 1, 2009
We appreciate your cooperation and look forward to continuing to work together. Should you have questions,
comments or wish to discuss this matter further, please contact Jeff Mann at (919)-831-8066.
Sincerely,
MACTEC Engineering and Consulting, Inc.
William S. Grimes, L.G. Ar Jeffrey A. Mann, PE w%/'�'�°•Ss.`v�
Senior Geologist Chief Engineer

NNSWARDANDSMITKEAL. AMY P. WANG, Attorney at Law
1001 College Court (28562)
Post Office Box 867
New Bem, NC 28563-0867
May 6, 2009
Mr. David Cox
NCDENR, Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: South Harbor Village & Marina
Stormwater Permit No. SW8 980508
Notice of Violation (NOV-2009-PC-0319)
Our File 070759-00002
Dear David:
P: 252.672.5516
F: 252.672.5477
[e-mail]
We represent South Harbor Village Associates, LLC. In that capacity, we have reviewed the
Notice of Violation ("NOV") issued by your office on April 20, 2009. We are in the process of
working with the project engineers to develop a written Plan of Action to address the compliance
issues raised in the NOV. To that end, we request a thirty (30) day extension to provide such a
Plan to DWQ, up to and including June 19, 2009.
As we discussed during our telephone conversation yesterday, South Harbor Village Associates,
LLC, intends to renew Stormwater Permit No. SW8 980508. We will forward to you a
completed Stormwater Management Permit Renewal Application Form and the fee shortly.
Thank you for your assistance. Please contact me should you have any questions..
Yours truly,
Amy P. WI"
ASHEVILLE GREENVILLE NEW BERN
www.wardandsmith.com
RALEIGH WILMINGTON

WARDANDSMrrH,EA.
Mr. David Cox
May 6, 2009
Page 2
APW:apw
ND: 4844-5015-4755, v.
Enclosure
cc: Georgette Scott, Stormwater Supervisor
Denis F. Cronin
Thomas A. Nuzio
A. Rexford Willis, III, Esq.
Samuel B. Franck, Esq.

P. 01
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TRANSACTION REPORT
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APR-29-2009 WED
07:27 AM 1<
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910 350 2004
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State of North Carolina
Department of Eaviroament and Natural Resources
Wilmington Regional Office
Beverly Eaves Perdue, Governor FAX COVER SHEET Dee Freown, Secretary
Date: ��� D No. Pages (excl. cover): 1
To: m w-/q Prom: Jo Canner
Co: lir%Q r e% co— `5,07 Phone: [phone]
/
Fax: G 7a —. � 7 7 Fax: - (910-M-20c� ..,. ,,,,,.�.�....
- - / /
Re: ��O rJ -�'�i wa -/.
�4 dal 4 � �� t � .�' ,� .� l � . a�.,s' �t a✓,
127 Cardinal Drive l'sutension, Wilmington, NC 2W5 - [phone] a An Equal Opportunity Aff nnalivt; Action Empia3w

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 20, 2009
Mr. Dennis Cronin, President
Mr. Tom Nuzzio, Secretary
South Harbour Village Associates, LLC
RoyalNest 1295 Northern Blvd, Suite 17
Manhasset, New York 11030
Subject: NOTICE OF VIOLATION (NOV-2009-PC-0319)
South Harbour Village & Marina
Stormwater Permit No. SW8 980508
Brunswick County
Dear Messer's Cronin, Nuzzio:
On March 13, 2009, Wilmington Regional Office personnel performed a Compliance Inspection
of the subject project, located on Fish Factory Rd. in Oak Island, Brunswick County, North
Carolina. The inspection was performed to determine the status of compliance with Stormwater
Permit Number SW8 980508, issued to you on February 22, 1999.
The project has been found in violation of Stormwater Permit Number SW8 980508, issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
Failure to Apply For and Secure a Stormwater Management Permit. Permit
Condition requires a State Stormwater Management Permit for development
activities within the 20 coastal counties that require a Coastal Area Management
Act (CAMA) Major Permit or an Erosion and Sedimentation Control Plan. The
inspection and DWQ file review confirms that a valid, active State Stormwater
Management Permit was not obtained prior to the expiration of Stormwater
Permit SW8 980508.
2. Failure to Submit a Designer's Certification. Permit Condition requires that upon
completion of construction, the designer for the type of stormwater system
installed must certify that the system was inspected during construction, was
constructed in substantial conformity with plans and specifications approved by
DWQ, and complies with the requirements of this Section. As of the date of this
letter, DWQ has not received this certification.
3. Failure to Build According to Plan. The inspection revealed the following
inconsistency with the plan that was approved on February 22 1999:
• Additional parking has been constructed prior to approval from this office..
Permit conditions require that the permittee shall submit to the Director and shall have received
approval for revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 n
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748 N orthCarolina
Internet: www.ncwaterqualfly.org ,4 Aa�r����
An Equal Opportunity 1 Affirmative Action Employer (//�►/

April 3, 2009
South Harbour Village and Marina
Stormwater Permit No. SW8 980508
4. Failure to Maintain the Stormwater System. At all times, the permittee
shall provide the operation and maintenance necessary to assure the
permitted stormwater system functions at optimum efficiency. Therefore,
all trees and shrubs must be removed from the sloped part of the
infiltration basin banks. All eroded areas on the slopes must be repaired
and reseeded with permanent approved vegetation. Finally, the
unapproved scour hole below the inlet pipe must be repaired. As stated in
the permit, 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. Inspections.
b. Sediment Removal.
c. Mowing and revegetating of the side slopes.
d. Immediate repair of eroded areas
e. Maintenance of the side slopes in accordance with the approved
plans and specifications.
To correct these violations you must:
1. Provide a written "Plan of Action" which outlines the actions you will take
to correct the violation(s) and a time frame for completion of those actions,
on or before May 20, 2009.
2. Submit the attached renewal package along with a $505.00 renewal fee.
3. Provide the required Designers Cerification.
3. Request a modification to this permit that includes the unapproved parking
area.
4. Perform the maintenance necessary to bring the infiltration basin into
compliance.
Failure to provide the "Plan of Action" by May 20, 2009, or to correct the violations by
the date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the Brunswick County Building Inspector, this Office is
requesting that the Building Inspector consider withholding building permits and
Certificates of Occupancy for this project until this matter is satisfactorily resolved.
Page 2 of 5

April 3, 2009
South Harbour Village and Marina
Stormwater Permit No. SW8 980508
If you have any questions concerning this matter, please call David Cox at (910)-796-
7215
Sin rely,
eorgette Scott
Stormwater Supervisor
Surface Water Protection Section
GS1dwc: S:IWQSISTORMWATERINOTICE1980508.apr09
cc: Alton Lennon
Brunswick County Building Inspections
John Hennessey
David Cox --
Central Files
Page 3 of 5

April 15, 2009
Ms. Georgette Scott
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Dear Ms. Scott,
In response to your recent Notice of Violation letter, dated April 3, 2009, you need to
be aware that I am no longer a member manager or member or in any way connected to
South Harbour Village Associates LLC or Point Associates LLC. This has been the case
for quite some time now. At the request of Rhonda Hall, these permits were put into the
appropriate LLC s name, as is proper. I suggest you contact those responsible which
would be: Dennis Cronin, president, or Tom Nuzzio, secretary, at RoyalNest, 1295
Northern Blvd, Suite 17, Manhasset, New York,11030. Please let me know if I can be
of further assistance.
Very truly yours,
7VEd 4-0--
mett
CC: Alton Lennon
Brunswick County Building Inspections
John Hennessey
David Cox
Central Files
BY:
APR 1 6 2009

■ Complet0tems 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if. space permits.
1. Article Addressed to:
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A. ig ture
❑ Agent
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B. Received by ( Printed Name) C. Date of Delivery
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If YES, enter delivery address below: ❑ No
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3. Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
(Transfer from service label) 7008 1140 0002 9 5 01 9968
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1541
(Domestic M'all c
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ATX;WA
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WDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 3, 2009
CERTIFIED MAIL #7008 1140 0002 9561 9968
RETURN RECEIPT REQUESTED
Mr. Ed Burnett, Member Manager
South Harbor Village Associates, LLC
5100 O `Quinn Blvd. Unit J
Southport, NC 28461
Subject: NOTICE OF VIOLATION (NOV-2009-PC-0319)
South Harbour Village & Marina
Stormwater Permit No. SW8 980508
Brunswick County
Dear Mr. Bumett:
Natural Resources
Dee Freeman
Secretary
On March 13, 2009, Wilmington Regional Office personnel performed a Compliance Inspection
of the subject project, located on Fish Factory Rd. in Oak Island, Brunswick County, North
Carolina. The inspection was performed to determine the status of compliance with Stormwater
Permit Number SW8 980508, issued to you on February 22, 1999.
The project has been found in violation of Stormwater Permit Number SW8 980508, issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Failure to Apply For and Secure a Stormwater Management Permit. Permit
Condition requires a State Stormwater Management Permit for development
activities within the 20 coastal counties that require a Coastal Area Management
Act (LAMA) Major Permit or an Erosion and Sedimentation Control Plan. The
inspection and DWQ file review confirms that a valid, active State Stormwater
Management Permit was not obtained prior to the expiration of Stormwater
Permit SW8 980508.
2. Failure to Submit a Designer's Certification. Permit Condition requires that upon
completion of construction, the designer for the type of stormwater system
installed must certify that the system was inspected during construction, was
constructed in substantial conformity with plans and specifications approved by
DWQ, and complies with the requirements of this Section. As of the date of this
letter, DWQ has not received this certification.
3. Failure to Build According to Plan. The inspection revealed the following
inconsistency with the plan that was approved on February 22 1999:
• Additional parking has been constructed prior to approval from this office.
Permit conditions require that the permittee shall submit to the Director and shall have received
approval for revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 N�U fC��`i6
d� n%l/llla
Intemetwww.ncwaterquallty,org �,'
An Equal Opportunity's Affirmative Action EmYly�fzrployer m

April 3, 2009
South Harbour Village and Marina
Stormwater Permit No. SW8 980508
4. Failure to Maintain the Stormwater System. At all times, the permittee
shall provide the operation and maintenance necessary to assure the
permitted stormwater system functions at optimum efficiency. Therefore,
all trees and shrubs must be removed from the sloped part of the
infiltration basin banks. All eroded areas on the slopes must be repaired
and reseeded with permanent approved vegetation. Finally, the
unapproved scour hole below the inlet pipe must be repaired. As stated in
the permit, 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. Inspections.
b. Sediment Removal.
c. Mowing and revegetating of the side slopes.
d. Immediate repair of eroded areas
e. Maintenance of the side slopes in accordance with the approved
plans and specifications.
To correct these violations you must:
Provide a written "Plan of Action" which outlines the actions you will take
to correct the violation(s) and a time frame for completion of those actions,
on or before May 5, 2009.
2. Submit the attached renewal package along with a $505.00 renewal fee.
3. Provide the required Designers Cerification.
3. Request a modification to this permit that includes the unapproved parking
area.
4. Perform the maintenance necessary to bring the infiltration basin into
compliance.
Failure to provide the "Plan of Action" by May 5, 2009, or to correct the violations by the
date designated in the 'Plan of Action", are considered violations of 15A NCAC .
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS .143-215.6A.
By copy of this letter to the Brunswick County Building Inspector, this Office is
requesting that the Building Inspector consider withholding building permits and
Certificates of Occupancy for this project until this matter is satisfactorily resolved.
Page 2 of 5

April 3, 2009
South Harbour Village and Marina
Stormwater Permit No. SW8 980508
If you have any questions concerning this matter, please call David Cox at (910)-796-
7215
Sincerely,
Georgette Scott
Stormwater Supervisor
Surface Water Protection Section
GS1dwc: S:1WQSISTORMWATERINOTICE1980508.apr09
cc: Alton Lennon
Brunswick County Building Inspections
John Hennessey
David Cox
Central Files
A) 1 40
Page 3 of 5

Received
N.C. DIVISION OF...WATER QUALITY � (,-031�
Water Quality Section Z�
Complaint/Emergency Report Form 000--
WILMINGTON REGIONAL OFFICE
.5-10-oe
Emergency Complaint
City
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Report Received From
L1 y
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Time
Agency Phone No.
Complainant
Address Phone No.
Check One: Fish Kt71 Sp�71 By Animal pN�PDES N.D.
Stormwater Wetland Other, Specify: 15 %U 7 ` o w F
Nature of Referral 132Sed0/1 6 Gp q!e tki fh�� 2T5
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Time and Date Occurred
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OtIlerAgencies
Investigation Details r r �� rJ t7 -71
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investigator "A C Date_ � )
SAWOSISHELLSIREPORT.SHL
EPA Region IV [phone] Pesticides 7334556 Emergency Management 733-3867 W idiife Resources 733-7291
Solid and Hazardous Waste 733-2178 Marine Fisheries 726-7021 Water Supply 733-2321 Coast Guard MSO 343-4881
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone [phone] a Fax [phone]

P. 1
* * * COMMUNICATION RESULT REPORT ( JAN.19.2006
FILE MODE OPTION
---------------------------
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NCDENR WIRO
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State Of North Garolim
Department of EnwirOriment and Naftull Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Mass Yr,, Secretary
]FAX COVER SHEET
Date: `\_ b (,a
To:
CO:
FAX #: -- _
REMARKS: � c c„
NO. Of pages: Oxcluding cover)
From: . ", 2.1\
CO: NC DM
FAX#: [phone]
127 Cardihel Drive li"umalon, WilmingWn, N.C. 2@4053M45 Telephede (910) D&7215 Fix [phone]
An Equsi Opportunity Afrrmotive Aegan Employer

STEVENS, MCGHEE, MORGAN, LENNON & TOLL, L.L.P.
ATTORNEYS AND COUNSELORS AT LAW
602 MARKET STREET
WILMINGTON, N. C. 28401
JOHN A. STEVENS (1 895-1 990) 9 1 0-763-3665
KARL W. MCGHEE (1 923-1 98 1 )
RICHARD M. MORGAN MAILING ADDRESS:
ALTON Y. LENNON P. O. DRAWER 59
ALAN E. TOLL WILMINGTON, N.C.26402
MARK F. CARTER FACSIMILE
KURT B. FRYAR
9 I 0-25 I -9562
For Delivery by Hand
Ms. Linda Lewis
Environmental Engineer
N. C. Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Dear Ms. Lewis:
July 21, 2004 A
RECEIVED --)-
JUL 21 2004
DWQ
PROJ #
We have been asked to respond to your letter dated June 28, 2004 (copy attached). In that
regard, I am enclosing the following:
(1) Copy of Declaration of Covenants, Conditions, and Restrictions for Marina Club at South
Harbour Village Condominiums, Section "A" which is recorded in Book 1645 at Page 834 of the
Brunswick County, North Carolina Registry.
(2) Copy of Declaration of Condominium for South Harbour Village Mixed Use Condominium,
same being recorded in Book 1948 at Page 55 of the said Brunswick County Registry.
We are advised that none of the buildings and/or improvements on these properties exceed the state
approved "built -upon" square footage impervious surface allocations.
Please advise if you need any further information from us concerning this matter at this time, and
thank you for your help.
Yours truly,
STEVENS, MCGHEE, MORGAN, LENNON & TOLL, LLP
.on
Enclosures
CC: E. L. Burnett, III
Thomas A. Nuzio
ayl2004E: SHVLt7-21-04

Brunswick County --Register of Deeds.
Robert J. Robinson
Inst 1211059 Book 1948Pa e 55
05/21/2004 12 : 22.34gm Rec# l 01 0 S '2
4ET y
j'01 AL
,y� rhlwl i
REC# -- By
n�F �—
'',ASH --
DECLARATION OF CONDOMINIUM
SOUTH HARBOUR VILLAGE MIXED USE CONDOMINIUM
PREPARED BY AND MAIL TO:
STEVENS, McGHEE, MORGAN, LENNON & TOLL, LLP
P.O. Drawer 59, Wilmington, N.C. 28402
RECEIVED
JUk. 21 2004
PROD # 5W 2F q�
,
r

Irtst # 211059 Book i948page: 56
INDEX TO DECLARATION OF CONDOMINIUM -
SOUTH HARBOUR VILLAGE MIXED USE CONDOMINIUM
ARTICLE I. Definitions
1.1 Act
1.2 Amenities
1.3 Association: Master Association
1.4 Board
1.5 Bylaws
1.6 Common Elements
1.7 Common Expenses
1.8 Condominium
1.9 Declarant
1.10 Declarant Control Period
1.11 First Mortgage and First Mortgagee
1.12 Limited Common Elements
1.13 Occupant(s)
1.14 Person
1.15 Plans
1.16 Property: Additional Property
1.17 Rules and Regulations
1.18 Shared Common Properties, Shared Common Amenities and/or Shared
Common Areas
1.19 Special Declarant Rights
1.20 Units
1.21 Unit Boundaries
1.22 Unit Owner(s)
ARTICLE II. Submission of Property to the Act
2.1 Submission
2.2 Name
2.3 Division of Property into Separately Owned Units
2.4 Alterations of Units
2.5 Limited Common Elements
2.6 Unit Allocations
2.7 Encumbrances
2.8 Condominium Ordinances
2.9 Reservation of Special Declarant Rights
ARTICLE III. Easements
3.1 Encroachments
3.2 Easements Through Walls
3.3 Easements to Repair. Maintain. Restore and Reconstruct
3.4 Easements for Utilities
2

Inst # 211059 Book 1948Page: 57
3.5
Declarant's Easement
3.6
Easements to Run With Land
ARTICLE IV.
Restrictions, Conditions and Covenants
4.1
Compliance with Declaration, Bylaws and Rules and Regulations
4.2
Administration of Condominium
4.3
Use Restricted: Use by Declarant.
4.4
Hazardous Use and Waste
4.5
Alterations of Common Elements
4.6
Lease of Units
4.7
Rules and Regulations
4.8
Restrictions, Conditions and Covenants to Run With Land
4.9
Access Easement
4.10
Use of the Easements and Property Rights
4.11
Access to Units
ARTICLE V. Assessments
5.1
Assessment Liens
5.2
Personal Liability of Transferees, Statement, Liability of First Mortgage
5.3
No Exemption from Liability for Contribution Toward Common
Expenses
5.4
Date of Commencement of Annual Assessments
5.5
Assessments
ARTICLE VI.
Management, Maintenance, Repairs Replacements, Alterations and
Improvements
6.1
Common Elements
6.2
Common Expenses Associated with Limited Common Elements or
Benefiting Less Than All Units
6.3
Units
6.4
Waiver of Claims
6.5
Right of Entry
ARTICLE VII.
Insurance
7.1
Casualty Insurance
7.2
Public Liability Insurance
7.3
Insurance Unavailable
7.4
Other Insurance
7.5
Insurance Trustee
7.6
Individual Policy for Unit Owners
ARTICLE VIII.
Casualty Damage
ARTICLE IX.
Condemnation
ARTICLE X.
Termination
ARTICLE XI.
Amendment
ARTICLE XII.
Rights of First Mortgagees
12.1
Availability of Condominium Documents, Books, Records and Financial
Statements
12.2
Rights of Action
12.3
Notice
3

Inst # 211059 Book 1948Pago: 58
ARTICLE XIII. General Provisions
13.1 Conflict With the Act: SeverabiliYy
13.2 Interpretation of Declaration
13.3 Captions
13.4 Exhibits
13.5 Invalidily
13.6 Waiver
13.7 Law Controlling
13.8 Common Amenities
13.9 General Enforcement
13.10 Enforcment of Stornwater Runoff Reizulations
13.11 Notices
13.12 Roads and Streets
13.13 Parkine
13.14 Golf Facility
4

STATE OF NORTH CAROLINA Inst # 211059 Book 1948Page: 59
COUNTY OF BRUNSWICK
DECLARATION OF CONDOMINIUM
SOU H HARBOUR VILLAGE MIXED USE
CONDOMINIUM
THIS DECLARATION OF CONDOMINIUM FOR SOUTH HARBOUR
VILLAGE MIXED USE CONDOMINIUM, made this 2,`Wfay of April, 2004, by and ,
among SOUTH HARBOUR VILLAGE, LLC, E. L. BURNETT, III, CAROLYN D.
BURNETT; JAMES BURNETT, MARJORIE A. BURNETT, VIABLE CORP.,
QUALITY FARM, INC., LEE ROY SMYRE, DIANE M. SMYRE, AND CHARLES F.
GREEN, III, (hereinafter collectively "Declarant"), pursuant to the North Carolina
Condominium Act, Chapter 47C, North Carolina General Statutes ("Act").
WITNESSETH:
WHEREAS, Declarant is the owner in fee simple of certain real estate situated in
or near the Town of Oak Island, County of Brunswick, and State of North Carolina,
more particularly described on Exhibit A attached hereto and made a part hereof,
together with all buildings and improvements now or hereafter constructed or located
thereon, and all rights, privileges, easements and appurtenances belonging to or in any
way pertaining to said real estate; and
WHEREAS, Declarant desires to submit all of said property, except as otherwise
indicated, to the Act.
NOW, THEREFORE, Declarant, as the owner of said property, hereby declares
as follows:
ARTICLE I.
Definitions
Definitions. As used herein, the following words and terms shall have the
following meanings:
1.1 Act
The North Carolina Condominium Act, Chapter 47C, North Carolina General Statutes.
1.2 Amenities
The clubhouse, pool and tennis court to be constructed as common area and common
facilities of South Harbour Master POA, Inc. for the non-exclusive use and enjoyment of
members of the herein defined Association and others.

1.3 Association: Master Association Inst # 211059 Book 1948Page: 60
The Association shall be South Harbour Mixed Use Condominium Owners
Association, Inc., and/or South Harbour Mixed Use COA, Inc ,a nonprofit corporation
organized under Section 7C-3-101, North Carolina General Statutes. The Master
Association shall be South Harbour Master POA, Inc., and/or South Harbour Master
Property Owners Association, Inc., of which South Harbour Mixed Use Condominium
Owners Association, Inc., shall be a member and subject to the Declaration of Covenants
and Restrictions of the said Master Association.
1.4 Board
The Executive Board of the Association.
1.5 Bylaws
The Bylaws of the Association which have been adopted by the Association.
1.6 Common Elements
All portions of the Condominium except the Units. Limited Common Elements are
Common Elements.
1.7 Common Expenses
Expenditures made or liabilities incurred by or on behalf of the Association, together
with any allocations to reserves.
1.8 Condominium
The condominium created by this Declaration, and any additional properties added to
the original property herein defined.
1.9 Declarant
South Harbour Village Associates, LLC, Viable Corp., E. L. Burnett, III, Carolyn D.
Burnett, James Burnett, Marjorie A. Burnett, Lee Roy Smyre, Diane M. Smyre„ and
Charles F. Green, III, and any other owner who has executed this Declaration except
First Mortgagees and except persons whose interests in the Property will not be conveyed
to Unit Owners and (ii) any person who succeeds to any Special Declarant Rights as
defined in Section 47C-1-103(23) of the Act.
1.10 Declarant Control Period
The period commencing on the date hereof and continuing until the earlier of (i) the
date two (2) years after Declarant has ceased to offer Units for sale in the ordinary course
of business, or (ii) the date upon which Declarant surrenders control of the
Condominium, or (iii) the date one hundred twenty (120) days after the Declarant has
conveyed eighty-five percent (85%) of the maximum number of Units which Declarant
may create on the Property.
1.11 First Mortgage and First Mortrtgaizee
A First Mortgage is a mortgage or deed of trust which has been recorded so as to give
31

Inst # 211059 Book 1948Page: 61
constructive notice thereof, and which is a first lien on the Unit or Units described
therein. A First Mortgagee is the holder, from time to time, of a First Mortgage as shown
by the records of the Office of the Register of Deeds for Brunswick County, North
Carolina, in which the First Mortgage is recorded, including the Federal National
Mortgage Association and including a purchaser at foreclosure sale upon foreclosure of a
First Mortgage until expiration of the mortgagor's period of redemption. If there be more
than one holder of a First Mortgage, they shall be considered as, and act as, one First
Mortgage for all purposes under this Declaration and the Bylaws.
1.12 Limited Common Elements
Those portions of the Common Elements allocated by this Declaration, the Plans or by
operation of Section 47C-2-102(2) or (4) of the Act for the exclusive use of at least one
but fewer than all of the Units including, but not limited to, any balcony, porch or patio
appurtenant to a Unit and any attic storage areas appurtenant to a Unit. That portion of
the property upon which heating and air conditioning equipment serving a Unit is located
shall constitute a Limited Common Element allocated specifically to the Unit served by
such equipment. "Common Properties" and/or "Common Elements" shall mean and refer
to all real and personal property, including easements, which the Association owns,
leases or holds possessor or use rights for the common use and enjoyment of the Owners.
1.13 Occupants)
Any person or persons in possession of a Unit, including Unit Owners, the family
members, lessees, guests and invitees of such person or persons, and family members,
guests and invitees of such lessees.
1.14 Person
A natural person, corporation, partnership, trust or other legal or commercial entity, or
any combination thereof.
1.15 Plans
The plans of the Condominium, including a survey map depicting the Condominium
(the "Map") recorded in Condominium Book. 9, Pages 377, 378, 379, and 380,
inclusive, the Office of the Register of Deeds for Brunswick County, North Carolina,
and by the Act made a part of this Declaration.
1.16 Property; Additional Property
The real estate described on the plats recorded as noted in Section 1.15 above, together
with all building and improvements now or hereafter constructed or located thereon, and
all rights, privileges, easements and appurtenances belonging to or in any way pertaining
to said real estate. Additional Property shall be annexed by the Declarant to the Property,
which Additional property is designated as "5005 O'Quinn Blvd. Must Be Built" on the
above described and recorded plats.
1.17 Rules and Regulations
The rules and regulations of the Condominium promulgated by the Board or the
7

Association from time to time. Inst # 211059 Book 1948Page: 62
1.18 Shared Common Properties, Shared Common Amenities, and/or Shared
Common Elements or Areas
All real and personal property, including covenants, which may be owned by a third
party but which are, in consideration of prorated charges, made available to the members
of the Association.
1.19 Special Declarant Rights
The rights as defined in Section 47C-1-103(23) of the Act for the benefit of a
Declarant, including but not limited to the following: to complete the improvements
indicated on the Plans; to maintain sales offices, management offices, models and signs
advertising the Condominium; to exercise any development right as defined in Section
47C-2-110 of the Act; to use easements through the Common Elements; to elect, appoint
or remove members of the Board during the Declarant Control Period; and to withdraw
any portion of the Property from the Condominium.
1.20 Units
A portion of the Condominium, whether or not contained solely or partially within a
building, together with its percentage of undivided interest in the Common Elements as
set forth on Exhibit B. Each Unit is designated and delineated on the Plans.
1.21 Unit Boundaries
The boundaries of each Unit, both as to vertical and horizontal planes, as shown on the
Plans, are the undecorated surfaces of the perimeter walls, exterior doors and exterior
windows facing the interior of the Unit, the undecorated surfaces of the roof facing the
interior of the Unit, and the topmost surfaces of the subflooring, and include the
decoration on all such interior and topmost surfaces, including, without limitation, all
paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting
any part of the decorated surfaces thereof, and also includes all spaces, interior partitions
and other fixtures and improvements within such boundaries. Also included as a part of
the Unit shall be those portions of the heating and air conditioning system for the Unit
which are located within the perimeter walls of the Unit and those portions of the heating
and air conditioning system located in the Common Elements, wherever located.
1.22 Unit Owner(s)
The person or persons, including the Declarant, owning a Unit in fee simple.
Notwithstanding any applicable theory of the deed of trust, "owner"shall not mean or
refer to the Trustee or cestui que trust unless and until there has been a transfer of title
pursuant to foreclosure of any proceeding in lieu of foreclosure.
ARTICLE II.
Submission of Property to the Act
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PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS THERETO
2.1 Properties submitted to the Act% The real property which is, and shall be
held, transferred, sold, conveyed, and occupied subject to this Declaration and the
Declaration of Covenants and Restrictions of South Harbour Master POA, Inc., is more
particularly described in Exhibit "A" attached hereto and made a part hereof.. This real
property is hereby expressly made subject to the Act.
2.2 Name: The Property shall hereafter be known as SOUTH HARBOUR
VILLAGE MIXED USE CONDOMINIUM.
2.3 Division of Property into SeparatelyOwned Units
Declarant, pursuant to the Act, and to establish a plan of condominium ownership for
the Condominium, does hereby divide the property into twenty (20) Units and does
hereby designate all such Units for separate ownership, subject however, to the
provisions of Section 2.4 hereof. Further, up to an additional ten units, may be added by
the Declarant , or any of them, making a maximum total of thirty (30) condominium
units.
2.4 Alterations of Units
Subject to the provisions of the Bylaws, a Unit may be altered pursuant to the provisions
of Section 47C-2-111 and 47C-2-112 of the Act. In addition, Units may be subdivided
pursuant to Section 47C-2-113 of the Act.
2.5 Limited Common Elements
The Limited Common Elements serving or designed to serve each Unit are hereby
allocated solely and exclusively to each such Unit.
2.6 Unit Allocations
The allocations to each Unit of a percentage of undivided interest in the Common
Elements and of a percentage of the Common Expenses are as stated on Exhibit B. The
allocation of undivided interest in the Common Elements and of the Common Expenses
has been determined by dividing the total number of units now built (20) into one
hundred (100%) percent. The votes are equally allocated to all Units with each Unit
Owner having one (1) vote for each unit owned.
2.7 Encumbrances
The liens, defects and encumbrances affecting the Property to which the rights of Unit
Owners and Occupants are hereby made subject are set out on Exhibit C.
2.8 Condominium Ordinances
The Condominium is not subject to any code, real estate use law, ordinance, charter
provisions, or regulation (i) prohibiting the condominium form of ownership; or (ii)
imposing conditions or requirements upon a condominium which are not imposed upon
physically similar developments under a different form of ownership. This statement is
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made pursuant to Section 47C-1-106 of the Act for the purpose of providing marketable
title to the Units in the Condominium.
2.9 Reservation of Special Decarant Rights
Declarant hereby reserves all Special Declarant Rights, as defined in Article 1.18,
including the right to subdivide a Unit or convert a Unit previously created into
additional Units, Common Elements or both pursuant to the provisions of Section 47C-2-
110 of the Act.
2.10 Additions to Existing Property.
(a) Ex ann sion. Additional lands may become subject to this Declaration and the
Act, which lands are designated as such as "5005 O'Quinn Blvd. Must Be
Built" on the above noted recorded condominium plats. The additions
authorized hereunder shall be made in one additional phase. No more than a
total of thirty (30) condominium units shall be constructed within the
development. Said additions shall be made by filing of record a Supplemental
Declaration of Covenants and Restrictions with respect to the additional
property desired to be annexed, which Supplemental Declaration shall extend
the scheme of these Covenants and Restrictions to such property by adopting
these Covenants and Restrictions by reference. Such Supplemental
Declaration may contain such complementary additions and modifications of
the Covenants and Restrictions contained in this Declaration as may be
necessary to reflect the difference in character, if any, of the added properties
and as such are not inconsistent with the scheme of this Declaration. In no
event, however, shall such Supplemental Declaration revoke, modify or add to
the Covenants established by this Declaration. Any annexation made
hereunder must be completed on or before January 15, 2015. Any such
supplemental declarations shall specify the date upon which dues and
assessments are payable for Lots annexed thereby.
(b) Mergers. Upon a merger or consolidation of the Association with another
association, its properties, rights and obligations may, by operation of law,
and subject to the provisions of the Act, be transferred to another surviving or
consolidated association or, alternatively, the properties, rights and
obligations of another association may, by operation of law, be added to the
properties, rights and obligations of the Association as a surviving corporation
pursuant to a merger. The surviving or consolidated association may
administer the covenants and restrictions established by this Declaration
within the Property together with the Covenants and Restrictions established
upon any other properties as one scheme. No such merger or consolidation,
however, shall affect any revocation, change or addition to the Covenants
established by this Declaration within the Property except as hereinafter
provided.
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ARTICLE III.
Easements
3.1 Encroachments
In the event that, by reason of the construction, reconstruction. rehabilitation, alteration
or improvement of the buildings or improvements comprising a part of the Property, any
part of the Common Elements now or hereafter encroaches upon any part of any Unit, or
any part of Common Elements an easement for the continued existence and maintenance
of each such encroachment is hereby declared and granted and shall continue for so long
as each such encroachment exists; provided that in no event shall an easement for such
encroachment be created if such encroachment is detrimental to or interferes with the
reasonable use and enjoyment of the Common Elements or Units so encroached upon.
3.2 Easements Through Walls
Easements are hereby declared and granted to the Association and to such persons as
are authorized by the Association, to install, lay, maintain, repair and replace any chutes,
Rues, ducts, vents, pipes, wires, conduits and other utility installations, and structural
components running through the walls of the Units, whether or not such walls be in
whole or in part within the boundaries of any Unit.
3.3 Easements to Repair, Maintain, Restore and Reconstruct
Wherever in, and whenever by, this Declaration, the Bylaws or the Act, a Unit Owner,
the Association, the Board or any other person, is authorized to enter upon a Unit or the
Common Elements to inspect, repair, maintain, restore or reconstruct all or any part of a
Unit or the Common Elements, such easements as are necessary for such entry and such
repair, maintenance, restoration or reconstruction are hereby declared and granted.
3.4 Easements for Utilities
The Units and Common Elements shall be, and are hereby, made subject to easements
in favor of the Declarant (until Declarant shall have satisfied all of its obligations under
the Declaration and Bylaws and all commitments in favor of any Unit Owner and the
Association), the Association, appropriate utility and service companies and
governmental agencies or authorities for such utility and service lines and equipment as
may be necessary or desirable to serve any portion of the Property. The easements
provided for by this Section 3.4 shall include, without limitation, rights of Declarant, the
Association, any company providing utility installation or maintenance, any service
company, and any governmental agency or authority to install, lay, maintain, repair,
relocate and replace gas lines, pipes and conduits, water mains and pipes, sewer and drain
lines, telephone wires and equipment, television and equipment facilities (cable or
otherwise), electrical wires, conduits and equipment and ducts and vents and any other
appropriate equipment and facilities over, under, through, along and on the Units and
Common Elements. Notwithstanding the foregoing provisions of this Section 3.4, unless
approved in writing by the Unit Owner or Unit Owners affected thereby, any such
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Inst # 211059 Book 1948Page: 66
easement through a Unit shall be located either in substantially the same location as such
facilities or similar facilities existed at the time of first conveyance of the Unit by the
Declarant to a grantee other than the Declarant, or so as not to materially interfere with
the use of occupancy of the Unit by its owners.
3.5 Declarant's Easement
Declarant hereby reserves such easements through the Common Elements as may be
reasonably necessary for the purposes of discharging its obligations, exercising Special
Declarant Rights, and completing the development and construction of the
Condominium, which easements shall exist as long as reasonably necessary for such
purpose.
3.6 Easements to Run With Land
All easements and rights described in this Article III are appurtenant easements running
with the land, and except as otherwise expressly provided in this Article III shall be
perpetually in full force and effect, and shall inure to the benefit of and be binding upon
Declarant, its successors and assigns owning the Property, or any portion thereof,
Declarant's mortgagees, the Association, Unit Owners, Occupants, First Mortgagees and
any other person having any interest in the Condominium or any part thereof. The
Condominium and every part thereof shall be conveyed and encumbered subject to and
together with all easements and rights described in this Article III, whether or not
specifically mentioned in any such conveyance or encumbrance.
ARTICLE IV.
Restrictions, Conditions and Covenants
4.1 Comuliance with Declaration, Bylaws and Rules and Regulations
Each Unit Owner and Occupant shall comply with all applicable provisions of the Act,
this Declaration, the Bylaws, the Articles of Incorporation of the Association, and the
Rules and Regulations promulgated by the Board or the Association, as amended.
Failure to comply shall be grounds for an action by the Association, an aggrieved Unit
Owner, or any person adversely affected, for recovery of damages, injunction, or other
relief.
4.2 Administration of Condominium
The Condominium shall be administered in accordance with the provisions of the Act,
this Declaration and the Bylaws.
4.3 Use Restricted: Use by Declarant.
(a) Except as may be otherwise expressly provided in this Declaration, each Unit
may be used for the following described uses and for such other purposes as are
incidental to said uses and are, in the opinion of the Board in its sole discretion,
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consistent with the maintenance of the general character of the Property as a first class
mixed use condominium.
Uses permitted
(i) Delicatessens, sandwich shops; restaurants; general business offices such as
real estate, insurance, physicians, boat and/or marine sales; general retail
shops; overnight lodging accommodations, including bed and breakfast
lodging, containing no more than ten (10) dwelling units in any one building.
(b) Except as reserved by Declarant, no advertising signs, billboards, unsightly
objects or nuisances shall be erected, placed or permitted to remain on the Property
subject to this Declaration without the prior written approval of the Board.
(c) The foregoing provisions of this Section or any other provision of this
Declaration or the Bylaws notwithstanding, Declarant shall have an easement to maintain
sales offices and models for sales of Units throughout the Condominium. Declarant shall
have the right to relocate, from time to time, and to discontinue and reestablish, from
time to time, within the Condominium, until all of the Units have been conveyed to a
Unit Owner other than a Declarant, any one or more of such offices or models. Declarant
also shall have the right to change the use or combination of uses of such offices or
models, provided that such offices or models shall be used only for sales offices or
models.
(d) Declarant shall also have an easement to maintain signs on the Common
Elements advertising the Condominium until all of the Units have been conveyed to Unit
Owners other than a Declarant. Declarant shall remove all such signs not later than thirty
(30) days after all of the Units have been conveyed to Unit Owners other than Declarant
and shall repair or pay for the repair of all damage done by removal of such signs.
(e) No noxious or offensive activity shall be carried on in any Unit lot, nor shall
anything be done thereon which may be or may become an annoyance or nuisance to the
neighborhood.
(f) No inoperable vehicles or vehicle without current registration and insurance will be
permitted on the premises. The Association shall have the right to have all such vehicles
towed away at the owner's expense.
(g) No furniture shall be permitted in the common areas. No furniture shall be
permitted on the front porch of any Unit except porch furniture and plants. Porch
furniture shall be permitted in the courtyard of each living Unit.
(h) No "For Sale" signs or any other signs shall be permitted on any Unit or in the
common areas and facilities or displayed from any living Unit, except the Declarant or
its designee may place "For Sale" or "Directional Signs" for as long as Declarant shall
retain ownership of any unsold Units (s).
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(i) No boat, motor boat, camper, trailer, motor or mobile homes, or similar type
vehicle, shall be permitted to remain on portion of the Property, including in any parking
spaces, at any time, unless by express written consent of the Association.
0) No outside radio or television antennas except satellite dishes measuring one meter
or less shall be erected on Unit within the Properties unless permission for the same has
been expressly granted by the Board of Directors of the Association or its architectural
control committee.
(k) All drapes, curtains or other similar materials hung at window, or in any manner
so as to be visible from the outside of any building erected upon the Property, shall be of
a white or neutral background or material, unless the Board of Directors approves another
color.
(1) All light bulbs or other lights installed in any fixture located on the exterior an
any building or any lot shall be clear, white or non -frost lights or bulbs.
4.4 Hazardous Use and Waste
Nothing shall be done to or kept in any Unit or the Common Elements that will increase
any rate of insurance maintained with respect to the Condominium without the prior
written consent of the Board. No Unit Owner or Occupant shall permit anything to be
done to or kept in his Unit or the Common Elements that will result in the cancellation of
insurance maintained with respect to the Condominium, or that would be in violation of
any law, or that will result in the commitment of waste (i.e., damage, abuse, or
destruction) to or in his Unit or the Common Elements.
4.5 Alterations of Common Elements
No Unit Owner or Occupant, except Declarant during the Declarant Control Period,
shall alter, construct anything upon, or remove anything from, the Common Elements, or
paint, decorate, landscape or adorn any portion of the Common Elements, without the
prior written consent of the Board.
4.6 Lease of Units
Any lease of a Unit or portion thereof shall be in writing and shall provide that the terms
of the lease shall be subject in all respects to the Declaration, Bylaws and Rules and
Regulations for the Condominium (the "Condominium Documents") and that any failure
by the lessee to comply with all the terms of such Condominium Documents shall
constitute a default under the Lease. Further, no Lease shall be for a period of less than
thirty (30) consecutive calendar days. This lease restriction shall not be applicable to
those uses providing overnight accommodations.
4.7 Rules and Regulations
In addition to the foregoing restrictions, conditions and covenants concerning the use of
the Condominium, reasonable rules and regulations not in conflict therewith and
supplementary thereto may be promulgated and amended from time to time by the Board
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or the Association, as more fully provided in the Bylaws. Further, the Master Association
shall adopt additional rules and regulations which shall be binding upon the Association
and all of its members.
4.8 Restrictions, Conditions and Covenants to Run With Land
Each Unit Owner and Occupant shall be subject to all restrictions, conditions and
covenants of this Declaration, and all amendments and/or supplements thereto, and all
such restrictions, conditions and covenants shall be deemed to be covenants running with
the land, and shall bind every person having any interest in the Property, and shall inure
to the benefit of every Unit Owner.
4.9 Access Easement
Each Unit Owner may be granted certain access and common area easement rights and
privileges set forth in the Master Declaration recorded in the Brunswick County Registry
(the "Master Declaration"). Such rights and privileges shall be deemed Common
Elements or Common Areas and are further described and/or shown on Exhibit "A"
attached and/or the recorded plans referred to in Section 1.15 hereof.
4.10 Use of the Easements and Propertghts
The use of the easements and property rights granted herein shall be subject in all
respects to the restrictions, conditions and covenants of the Master Declaration and the
expenses therefore shall be an obligation of the Association.
4.11 Access to Units
The Association and its agents shall have access to each Unit from time to time during
reasonable working hours, upon oral or written notice to its Unit Owner or Occupant of
the Unit, as may be necessary for the maintenance, repair or replacement of any of the
Common Elements. The Association and its agents shall also have access to each Unit at
all times without notice, as may be necessary to make emergency repairs to prevent
damage to Common Elements or to other Units.
ARTICLE V.
Assessments
5.1 Assessment Liens
The Board has the power to levy assessments against the Units for Common Expenses.
Such assessments, together with a late payment charge as herein provided for assessment
which remains unpaid for more than thirty (30) days past the due date with interest at the
rate of eighteen percent (18%) per annum, costs and reasonable attorney's fees shall be a
lien on the Units against which they are assessed, and if and payment thereof becomes
delinquent, thee lien may be foreclosed and the Unit sold, or a money judgment obtained
against the persons liable therefor, all as set forth in the Bylaws.
5.2 Personal Liability of Transferees: Statement, Liability of First Mortgage
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(a) The personal obligation for assessments which are delinquent at the time of
transfer of a Unit shall not pass to the transferee of said Unit unless said delinquent
assessments are expressly assumed by said transferee. However, the original obligor shall
be and remain fully liable for the repayment of such delinquent assessments.
(b) Any transferee referred to in (a) above shall be entitled to a statement from the
Board, pursuant to Section 5.2 of the Bylaws, and such transferee's Unit shall not be
subject to a lien for any unpaid assessments against such Unit in excess of the amount
therein set forth.
(c) Where a First Mortgagee, or other person claiming through such First
Mortgagee, pursuant to the remedies provided in a mortgage or deed of trust, or by
foreclosure or by deed, or assignment, in lieu of foreclosure, obtains title to a Unit, the
liability of such First Mortgagee or such other person for assessments shall be only for
the assessments, or installments thereof, that would become delinquent, if not paid, after
acquisition of title. For purposes hereof, title to a Unit shall be deemed acquired by
foreclosure upon expiration of the applicable period of redemption.
(d) Without releasing the transferor from any liability therefore, any unpaid
portion of assessments which is not a lien under (a) above, or, resulting, as provided in
(c) above, from the exercise of remedies in a mortgage or deed of trust, or by, foreclosure
thereof or by deed, or assignment, in lieu of such foreclosure, shall be a Common
Expense collectible from all Unit Owners, including the transferee under (b) above and
the First Mortgagee of such other person under (c) above who acquires ownership by
foreclosure or by deed, or assignment, in lieu of foreclosure.
5.3 No Exemption from Liability for Contribution Toward Common Expenses
No Unit Owner may exempt himself from liability for his share of the Common
Expenses assessed by the Association by waiver of the use or enjoyment of any of the
Common Elements or by abandonment of his Unit or otherwise.
5.4 Date of Commencement of Annual Assessments
The annual assessments provided for herein shall commence as to all Units on the first
day of the month following the conveyance of the first Unit by the Declarant. The first
annual assessment shall be adjusted according to the number of months then remaining in
that fiscal year.
5.5 Assessments
Assessments shall be due and payable in advance annually. As provided in Article VI of
the Bylaws and as legally required by Section 47C-1-115 of the Act, Declarant shall pay
all accrued expenses of the (Condominium until assessments are levied against the Units.
An assessment shall be deemed levied against a Unit upon the giving of notice by the
Board to a member of the Association who is a Unit Owner of that unit. Unit Owners
shall have no obligation to pay annually assessments until an assessment is levied.
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Inst # 211059 Book 1948Page: 71
5.6_ Assessments levied by the Master Association shall have the same legal force and
effect, and be collectible by the same means and procedures, as assessment levied by the
Board.
5.7 The assessments levied by the Association shall be used exclusively for the
purpose of promoting the health, safety and welfare of the residents in the Properties and
in particular for the improvement and maintenance (1) of properties, services and
facilities devoted to this purpose and related to the use and enjoyment of the Common
Properties and (2) of the Units situated upon the Properties. Without Limitation, such
uses shall include satisfaction of the Association's obligations regarding the Common
Properties to pay: 1) hazard and liability insurance for the common areas and living
units, 2) ad valorem taxes, 3) governmental assessments for public and private capital
improvements made to or for the benefit thereof, 4) the repair, replacements and
additions thereto, and for the cost of labor, equipment, materials, management and
supervision. Assessments may also be charged of the members to pay such assessments
as may be charged to the Association by the Master Association. Any such assessments
by the Master Association shall have the same legal force and effect, and may be
enforced in the same manner, as any assessments charged by the Association.
5.8 Notwithstanding any provision to the contrary contained herein, should the
Association's Board of Directors determine that the Annual Assessment for the next
succeeding assessment period will exceed the Annual Assessment for the current
assessment period by more than ten percent (10%), then, in such event, such increase in
the Annual Assessment shall be approved by a majority vote of the Owners voting in
person or by proxy at a duly called meeting of the Members of the Association, at which
a quorum of members is present in person or by proxy, prior to its adoption by the Board
of Directors of the Association.
5.9 Regular assessments shall be levied against all Units subject to assessment based
upon the level of service required by each Unit and shall be at a level reasonably
expected to fulfill its obligations and shall include reserves for future repairs.
5.10 In addition to the annual assessments authorized by this document, the
Association may levy, in an assessment year, a special assessment applicable to that year
only for the purpose of defraying in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a capital improvement upon the Common
Properties including fixtures and personal property related thereto, provided that any
such assessment shall have the assent of not less than two-thirds (2/3) of the votes of
each class of members who are voting in person or proxy at a meeting duly called for this
purpose.
5.11 The Association may change the basis of the assessments fixed hereby
prospectively for any such period, provided that any such change shall have the assent of
not less that two-thirds (2/3) of the votes of the 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
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Inst # 211059 Book 1948Page: 72
all members at least thirty (30) days in advance and shall set forth the purpose of the
meeting.
5.12 Any assessment, or installment thereof, which is not paid within thirty (30) days
after its due date, will be delinquent. In the event that an assessment, or installment
thereof, becomes delinquent, or in the event a Default assessment is established pursuant
to any section or provision hereof, the Association, in its sole discretion, may take any or
all of the following actions:
a. assess a late charge for each delinquency at uniform rates set by the Board of
Directors from time to time.
b. charge interest from the date of delinquency at the maximum rate allowed by
law;
c. suspend the voting rights of the Owner during any period of delinquency;
d. accelerate all remaining assessment installments for the assessment period in
question so that unpaid assessments for the remainder of the assessment period
will be due and payable at once;
e. bring an action at law against any Owner personally obligated to pay the
delinquent assessment charges; or
f. file a claim of lien with respect of the Unit and foreclose the lien against the
Unit in the same manner as provided for the foreclosure of a mortgage under the
statutes of the State of North Carolina.
The remedies provided under Declaration will not be exclusive and the
Association may enforce any other remedies to collect delinquent assessments as may be
provided by law.
If the assessment is not paid within thirty (30) days after the delinquency date or a
written arrangements for payment consented to by the Association, the assessment shall
bear interest from the date of delinquency at the rate of eighteen percent (18%) per
annum, and may be charged a $15.00 late fee for monthly assessments not received by
the fifteenth (15"') of each month.
5.13 At the time title is conveyed by Developer to an Owner, the Owner shall
contribute to the Association as a working capital contribution in the amount of $250.00.
Such funds shall be used solely for initial operating and capital expenses of the
Association, such as prepaid insurance, supplies and the common areas and facilities,
furnishings and equipment, etc. Amounts paid into the working capital fund are not to be
considered as advance payment or regular assessments. Any working capital funds
remaining at the end of the first full operating year shall be transferred to and become
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part of the general funds of the Association, in the discretion of the Board of Directors.
ARTICLE VI.
Management, Maintenance, Repairs
Replacements, Alterations and Improvements
6.1 Common Elements
(a) By the Association. The management, replacement, maintenance, repair,
alteration, and improvement of the Common Elements shall be the responsibility of the
Association (provided such responsibility may be assigned by the Association to the
Professional Center Association described in the Professional Center Declaration with
regard to the Common Elements that are not Limited Common Elements, and so long as
the Association pays for the costs associated with the assumption of such esponsibilities),
and subject to the provisions of Section 6.2 hereof, the cost thereof shall be a Common
Expense to the extent not paid by Unit Owners pursuant to Section 6.1 (b) hereof. In
addition, the Association shall be responsible for providing and paying for water and
sewer for all Units. All damage caused to a Unit by any work on or to the Common
Elements done by or for the Association shall be repaired by the Association, and the cost
thereof shall be a Common Expense.
(b) By Unit Owners. Each Unit Owner shall pay all costs to repair and
replace all portions of the Common Elements that may become damaged or destroyed by
reason of his negligent or intentional acts or the negligent or intentional acts of any
Occupant of his Unit. Such payment shall be made upon demand made by the
Association.
6.2 Common Expenses Associated with Limited Common Elements or
Benefiting Less Than All Units
(a) Any Common Expenses associated with the maintenance, repair, or
replacement of a Limited Common Element shall be assessed against the Unit, or in
equal shares to the Units, to which such Limited Common Element was allocated at the
time the expense was incurred.
(b) In addition, the Association may assess any Common Expense benefiting
less than all of the Units against the Units benefited in proportion to their Common
Expense liability.
6.3 Units
Each Unit Owner shall maintain his Unit, and any Limited Common Elements
appurtenant thereto, at all times in a good and clean condition, and repair and replace, at
his expense, all portion of his Unit; shall perform his responsibilities in such manner as
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not to unreasonably disturb other Occupants; shall promptly report to the Board, or its
agents, any defect or need for repairs the responsibility for which is that of the
Association; and, to the extent that such expense is not covered by the proceeds of
insurance carried by the Association, shall pay all casts to repair and replace any portion
of another Unit that has become damaged or destroyed by reason of his own acts or
omissions, or the acts or omissions of the any Occupant of his Unit. Such payment shall
be made upon demand by the Unit Owner of such other Unit. Nothing herein contained
shall modify and waiver by insurance companies of rights of subrogation.
6.4 Waiver of Claims
Except only as provided in Section 6.5(a) and (b), the Association agrees that it shall
make no claim against a Unit Owner or Occupant, and each Unit Owner and Occupant
agrees that he shall make no claim against the Association, the members of the Board,
officers of the Association, or employees or agents of any thereof, or against any
manager retained by the Board, or his or its officers, directors, employees or agents, or
other Unit Owners or Occupants, for any loss or damage to any of the Property, or to a
unit of personal property therein, even if caused by the omission or neglect of any one or
more of such persons and all such claims are hereby waived and released; provided, that
this waiver shall not apply to any such loss or damage due to intentional acts.
6.5 Right of Entry
(a) By the Association. The Association, and any person authorized by the
Association, may enter any Unit or any of the Limited Common Elements in case of any
emergency or dangerous conditions or situation originating in or threatening that Unit or
any of the Limited Common Elements or other Units. The Association, and any person
authorized by the Association, after reasonable notice to a Unit Owner or Occupant, may
enter that Unit or any of the Limited Common Elements for the purposes of performing
any of the Association's powers under the Act, this Declaration or the Bylaws with
respect to that or any other Unit, any Limited Common Elements, or the Common
Elements. Notwithstanding Section 6.4, the Association shall be responsible for the
repair of any damage caused by the Association or its authorized person to the entered
Unit, and the cost thereof shall be a Common Expense. All such entries shall be made
and done so as to cause as little inconvenience as possible to the Unit Owner and
Occupant of the entered Unit or any portion of the Limited Common Elements allocated
to the Unit Owner.
(b) By Unit Owners. Each Unit Owner and Occupant shall allow other Unit
Owners and Occupants, and their representatives, to enter his Unit, or Limited Common
Elements allocated to his Unit, when reasonably necessary for the purpose of altering.
maintaining, repairing or replacing the Unit, or performing the duties and obligations
under the Act, this Declaration or the Bylaws, of the Unit Owner or Occupant making
such entry, provided that requests for entry are made in advance and that such entry is at
a time convenient to the Unit Owner or Occupant whose Unit or Limited Common
Element is to be entered. In case of an emergency or dangerous condition or situation,
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such right of entry shall be immediate. Notwithstanding Section 6.4, the person making
such entry shall be responsible for repair of any damage caused by such person to the
entered Unit or Limited Common Element.
ARTICLE VII.
Insurance
7.1 Casualty Insurance
The Association shall maintain, to the extent available, casualty insurance upon the
Property in the name of, and the proceeds thereof shall be payable to, the Association as
trustee for all Unit Owners and First Mortgagees as their interest may appear, and be
disbursed pursuant to the Act. Such insurance shall be in an amount equal to not less than
one hundred percent (100%) of the full insurable value of the Property on a replacement
cost basis exclusive of land, excavations, foundations and other items normally excluded
from property policies, and shall insure against such risks and contain such provisions as
the Board from time to time shall determine, but at a minimum shall conform in all
respects to the requirements of the Act, and shall provide that, notwithstanding any
provision thereof that gives the insurer an election to restore damage in lieu of making a
cash settlement. such option shall not be exercisable if such restoration is prohibited
pursuant to Section 47C-3-113(h) of the Act.
7.2 Public Liability Insurance
The Association shall maintain public liability insurance for the benefit of the Unit
Owners, Occupants, the Association, the Board, the managing agent, if any, the
Declarant, and their respective officers, directors, agents and employees, in such amounts
and with such coverage as shall be determined by the Board; provided that the public
liability insurance shall be for at least One Million and no/100 Dollars ($1,000,000.00)
per occurrence for death, bodily injury and property damage. Said insurance shall comply
in all respects with the requirements of the Act and shall contain a severability-of-interest
endorsement precluding the insurer from denying liability because of negligent acts of
any insured; insure all of such benefited parties against such liability arising out of or in
connection with the use, ownership or maintenance of the Common Elements, and the
streets, sidewalks and public spaces adjoining the Condominium; and insure the
Association, the Board, the managing agent, if any, and their respective officers,
directors, agents and employees against such liability arising out of or in connection with
the use or maintenance of the Units.
7.3 Insurance Unavailable
if the insurance described in Sections 7.1 or 7.2 is not reasonably available, the
Association shall promptly cause notice of such fact to be hand -delivered or sent prepaid
by United States mail to all Unit Owners.
7.4 Other Insurance
The Association may procure such other insurance, including worker's compensation
21

Inst 9 211059 Book 194BPage: 76
insurance, as it may from time to time deem appropriate to protect the Association or the
Unit Owners.
7.5 Insurance Trustee
The Board may engage, and pay as a Common Expense, any appropriate person to act
as an insurance trustee to receive and disburse insurance proceeds upon such terms as the
Board shall determine, consistent with the provisions of the Act and this Declaration.
7.6 Individual Policy for Unit Owners
Each Unit Owner may obtain insurance, at his own expense, affording personal
property, condominium assessment, personal liability, and any other coverage obtainable,
to the extent and in the amounts such Unit Owner deems necessary to protect his own
interest; provided that any such insurance shall contain waivers pursuant to Section 6.4
and shall provide that it is without contribution as against the insurance purchased by the
Association. If a casualty loss is sustained and there is a reduction in the amount of the
proceeds that would otherwise be payable on the insurance purchased by the Association
due to the proration of the insurance purchased by a Unit Owner under this Section, such
Unit Owner shall be liable to the Association to the extent of such reduction and shall pay
the assigns the proceeds of his insurance, to the extent of such reduction, to the
Association.
ARTICLE VIII.
Casualty Damage
If all or any part of the Property shall be damaged or destroyed, the same shall be
repaired or replaced unless: (1) the Condominium is terminated, (2) repair or
replacement would be illegal under any State or local health or safety statute or
ordinance, or (3) the Unit Owners elect not to rebuild or replace by a ninety percent
(90%) vote, including one hundred percent (100%) approval of Owners of Units not to be
rebuilt or Unit Owners assigned to Limited Common Elements not to be rebuilt. All
proceeds of insurance shall be used and applied in accordance with the provisions of
Section 47C-3-113(e) and (h) of the Act.
ARTICLE IX.
Condemnation
In the event of a taking by eminent domain, or by a conveyance in lieu thereof, of
all or any part of the Property, the awards paid on account thereof shall be applied in
accordance with Section 47C-1-107 of the Act and the Bylaws.
ARTICLE X.
Termination
22

In,t # 211059 Book 1948Page: 77
The Condominium may be terminated only in strict compliance with Section
47C-2-118 of the Act and the Bylaws.
ARTICLE XI.
Amendment
This Declaration may be amended only in strict compliance with the Act,
including, without limitation, Sections 47C-2-105 and 47C-2-117 of the Act, except that
no amendment altering or impairing Special Declarant Rights may be made without the
written consent of Declarant.
ARTICLE XII.
Rights of First Mortgagees
The following provisions shall take precedence over all other provisions of this
Declaration and Bylaws:
12.1 Availability of Condominium Documents, Books, Records and Financial
Statements
The Association shall, upon request and during normal business hours, make available
for inspection by Unit Owners and the First Mortgagees and the insurers and guarantors
of a First Mortgage on any Unit, current copies of the Declaration, the Bylaws, the Rules
and Regulations governing the Condominium and the books, records and financial
statements of the Association. The Association shall provide a financial statement for the
preceding fiscal year it requested in writing by a First Mortgagee or insurer or guarantor
of a First Mortgage. The Association shall, upon request and during normal business
hours, make available for inspection by prospective purchasers of Units, current copies of
the Declaration, Bylaws, the Rules and Regulations governing the Condominium, and the
most recent annual financial statement.
12.2 Rights of Action
The Association and any aggrieved Unit Owner shall have a right of action against Unit
Owners and any aggrieved Unit Owner shall have a right of action against the
Association for failure to comply with the provisions of this Declaration, the Bylaws and
the Rules and Regulations, and decisions of the Association made pursuant to authority
granted to the Association in this Declaration and the Bylaws.
12.3 Notice
Each First Mortgagee and each insurer or guarantor of a First Mortgage, upon written
request stating its name and address and describing the Unit encumbered by the First
Mortgage, held, insured or guaranteed, shall be entitled to timely written notification by
the Association of (i) any condemnation or casualty loss that affects either a material
23

Tnst # 211059 Book 1948Page: 78
portion of the Condominium or the Units securing its First Mortgages; (ii) any 60-day
delinquency in the payment of assessments or charges owed by the Unit Owner of the
Unit on which the First Mortgagee held its First Mortgage or in the performance of any
obligation under this Declaration or the Bylaws by said Unit Owner; or (iii) any lapse,
cancellation or material modification of any insurance policy or fidelity bond maintained
by the Association.
ARTICLE XIII.
General Provisions
13.1 Conflict With the Act, Severability
Should any of the terms, conditions, provisions, paragraphs, or clauses of this
Declaration conflict with any provisions of the Act, the provisions of the Act shall
control unless the Act permits the Declaration to override the Act, in which event the
Declaration shall control. The invalidity of any covenant, restriction, condition,
limitation, provision, paragraph or clause of this Declaration, or of any part of the same,
or the application thereof to any person or circumstance, shall not impair or affect in any
manner the validity, enforce -ability or effect of the rest of this Declaration, or the
application of any such covenant, restriction, condition, limitation, provision, paragraph
or clause to any other person or circumstance.
13.2 Interpretation of Declaration
Whenever appropriate singular may be read as plural, plural may be read as singular,
and the masculine gender may be read as the feminine or neuter gender. Compound
words beginning with the prefix "here" shall refer to this entire Declaration and not
merely to the part in which they appear.
13.3 Ca tp ions
The captions herein are only for convenience and reference and do not define, limit or
describe the scope of this Declaration, or the intent of any provision.
13.4 Exhibits
All Exhibits attached hereto are hereby made a part hereof.
13.5 Invalidily
The invalidity of any provision of this Declaration shall not be deemed to impair or
affect in any manner the validity or enforceability or effect of the remainder of this
Declaration, and in such event, all of the other provisions of this Declaration shall
continue in full force and effect as if such invalid provision had never been included
herein.
13.6 Waiver
No provision of this Declaration shall be deemed to have been abrogated or waived by
reason of any failure to enforce the same, irrespective of the number of violations or
24

breaches which may occur. Inst # 211059 Book 1948Page: 79
13.7 Law Controlline
This Declaration shall be construed and controlled by and under the laws of the State of
North Carolina.
13.8 Common Amenities:
Point Associates, L.L.C., or others, may construct a clubhouse, pool and/or tennis
courts, which, if constructed, shall be common amenities to members of the South
Harbour Master POA, Inc. and their respective members in good standing. It is
understood and agreed that the Amenities above described are not for the exclusive use of
the owners within South Harbour Village Mixed Use Condominium but that all dues
paying owners (in good standing within their respective Association) within the other
development areas established throughout the master development known as "South
Harbour Village", including, by way of illustration and not limitation, Westport at South
Harbour Village, Glen Cove at South Harbour Village, Village Green Townhomes at
South Harbour Village at Westport, and Barnes Bluff, have the right to use such
Amenities.
13.9 General Enforcement. The Declarant, the Association, or any Owner, and,
where applicable, the State of North Carolina, shall have the right 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 Declarant, the Association, an Owner, or the State of North Carolina to enforce any
covenant or restriction herein contained shall in no event be deemed a waiver of the right
to do so thereafter.
13.10 Enforcement Of Stormwater Runoff Regulations. The covenants set forth
herein are intended to ensure the ongoing compliance with all existing State Stormwater
Management Permits as issued by the Division of Water Quality under NCAC 2H1000.
The State of North Carolina is hereby made a beneficiary of this Declaration to the extent
necessary to enforce its stormwater runoff regulations as the same may be amended from
time to time and to maintain compliance with the above noted stormwater management
permit(s). These covenants shall run with the land and be binding upon all persons and
parties claiming under them. The Built Upon Area for each Lot shall that which has been
established by the said State, unless and until the State of North Carolina shall revise its
stormwater runoff regulations to permit a greater Built Upon Area for such Lot or Lots.
For purposes of this section, the allowable 'Built Upon Area" shall include that portion
of the right-of-way between the front lot line and the edge of the pavement. Further, built
upon areas shall include, but not be limited to, structures, pavement, walkways of
asphalt, concrete, gravel, brick, stone, slate, or coquina, but shall not include raised, open
wood or synthetic material decking, or the water surface of a swimming pool. Any
Owner may, in accordance with applicable government regulations, borrow from another
Owner any Built Upon Area which is not being utilized by the other Owner, without the
25

Inst # 211059 Book 1948Page, 80
approval of any Owner(s) not involved in such transaction, the Developer, or the
Association.
Any covenants pertaining to stormwater regulations may not be changed or
deleted without the concurrence of the Division of Water Quality of the North Carolina
Department of Environment and Natural Resources. Lots within the Area of
Environmental Concern (AEC) of Coastal Area Management (LAMA) may have the
built -upon area reduced to CAMA jurisdiction within the AEC. Alteration of the drainage
as shown on the approved plan shall not take place without the concurrence of the State
of North Carolina. Furthermore, all drainage easements, and/or any portion thereof which
is located. on any portion of any lot within the subdivision shall be preserved, protected,
and maintained by the owner of said lot. Further, the filling in or piping of any vegetative
conveyances (ditches, swales, etc.) within or used by the subdivision, except for average
driveway crossings, is strictly prohibited. Each lot will maintain a thirty (30) foot wide
vegetated buffer between all impervious areas and surface waters. All roof drains shall
terminate at least thirty(30) feet from the mean high water mark.
With respect to any curb and gutter located within the subdivision, the following
additional restrictions shall apply:
(A) Filling in, piping or altering any designated 5:1
curb outlet swale associated with the subdivision is
prohibited by any person or persons.
(B) With respect to any curb outlet system, each designated curb outlet swale
shown on the approved plan must be maintained at a minimum of 100 feet long
with a 5:1 (H:V) side slope or flatter, have a longitudinal slope no steeper than
5%, carry the flow from a 10 year storm in a non -erosive manner, and maintain a
dense vegetated cover.
13.11. Notices. Any notice required to be sent to any Member or Owner under the
provisions of this Declaration shall be deemed to have been properly sent when mailed,
or otherwise delivered, to the last known address of the person who appears as a Member
or Owner on the records of the Association at the time of such mailing.
13.12 Roads and Streets. All roads and streets made subject to this Declaration
are common property and shall be designated as private and shall be maintained by the
Association until such time as the South Harbour Master POA, Inc. is created and takes
responsibility of the roads and streets as required by their Declaration of Covenants and
Restrictions. Furthermore, Declarant for itself, its designees or assigns shall have a right
of ingress and egress over and across all of such roads and streets for purposes of
accessing any property described on the exhibits hereto or any adjoining properties
owned by Declarantor its successors and assigns. The Association shall maintain private
roads and streets in good condition, readily available for normal use at all times until the
maintenance of the roads and streets are maintained by the South Harbour Master
26

Association, Inc. Inst # 211059 Book 1948page. 81
13.13 Parking. All parking spaces immediately adjacent to a designated Living
Unit should be available for the sole use of the owner of such Unit, and all other parking
should be jointly available for the owner of all Units and their guest, subject to
reasonable rules and regulations adopted from time to time by the Board of Directors.
13.14 Golf Facility. Any Unit owner by accepting and recording a Deed,
acknowledges and agrees that the Declarant, or others, may, but are by no means required
to, construct, maintain, and/or operate one or more Golf Facilities near the Property. No
Unit Owner shall have any right, solely by virtue of such ownership or by payment of
assessments to any homeowner's association, have any right to use or access to or across,
entry onto, membership in, or other use or enjoyment of any Golf facility. Use of any part
of a Golf Facility by any person in accordance with the reasonable rules and regulations
established by the owner of the Golf Facility, including use of a Golf Facility for golf
tournaments or social events shall not constitute a nuisance
(1) Limitation of Liability. Neither the Declarant, any Builder, any Homeowner's
Association, nor any of the members, managers, shareholders, officers, directors,
employees, agents, contractors, affiliates, subsidiaries, predecessors, successors, or
assigns of the Declarant, Builder, or the Association shall be responsible or liable in any
way to the any Owner or to any other person for any claims, causes or action, damages to
person or property, judgments, liens, losses, injuries, demands, interference, liabilities, or
obligations whatsoever, arising out of or resulting from any one or more of the following:
(i) any interference of any Owner's use and enjoyment of any Common Property or any
portion of the lands conveyed hereby by anyone using the Golf Facility; (ii) improper
design or operation or use of the golf course or any other portion of a Golf Facility; (iii)
the level of skill of any golfer; (iv) trespass by any golfer on any portion of the
properties; (v) golf balls (regardless of the number and frequency or occurrences) hit or
thrown over or onto any portion of said lands; (vi) golf equipment; (vii) Golf Facility
maintenance equipment and devises; (viii) social events held at a Golf Facility; (ix) the
exercise by any golfer or the owner of a Golf Facility of any easement reserved or
established for golfers or that Golf Facility by this Deed or shown on any plat of the
properties recorded in the Registry. Provided, however, the foregoing liability
limitations are not applicable to any of the named persons with respect to their acts or
omissions as golfers, members or guests using the Golf Facility, or as owners, managers,
agents or employees of a Golf Facility.
(2) No Golf Facility, nor any owner or management, thereof, nor any member,
partner or shareholder thereof or any affiliate of any such member, partner or
shareholder, nor their respective employees, officers, directors or agents, nor any
architects, builders, contractors or land planners hired or retained by the owner of such
Golf Facility, in the foregoing capacities, shall be liable for any damage or injury
resulting from errant golf balls hit by their parties, retrieval or errant golf balls by third

Michael F. Easley, Governor
William G. Ross Jr. Secretary
North Carolina Department of Environment and Natural i:tesources
=i Alan W. Klimek P.E.,Director
4 'C Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 28, 2004
Mr. Edwin Burnett, Member/Manager
South Harbour Village Associates, LLC
1301 Heron Run Drive
Wilmington, NC 28403
Subject: REQUEST FOR RECORDED DEED RESTRICTIONS
South Harbour Village & Marina
Stormwater Project No. SW8 980508
Brunswick County
Dear Mr. Burnett:
On February 22, 1999, the Wilmington Regional Office issued a Stormwater
Management Permit to you for South Harbour Village Subdivision and Marina. Per the
requirements of the permit, a copy of the recorded deed restrictions must be forwarded
within 30 days of the date of recording. A review of our files indicates that, as of this
date, a copy of the recorded deed restrictions has not been received in this Office.
Failure to record and/or provide a copy of the recorded deed restrictions prior to selling
lots is a violation of your permit, and subject to enforcement action. Please forward a
copy of the recorded deed restrictions to this Office at the address below by July 28,
2004, or enforcement action may be initiated and may include recommendations for civil
penalties and revocation of the permit.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWA-RDEEDREST1980508.jun04
cc: Delaney Aycock, Brunswick County Inspections
Wilmington Regional Office File SW8 980508
Central Files
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional office Wilmington, NC 28405 [phone] Fax
Customer Service
1 800 623-7748