SW8950519_CURRENT PERMIT_20220307

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 q 5 01J 0
DOC TYPE
CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
ul-L 030--1
YYYYMMDD

1..
ROY COOPER
Governor
ELILMETH S.BISER
secretory
BRM WRENN
Director
March 7.2022
Northchase Homeowners Association, Inc.
Attn: Desiree Draughan, President
1628 Doctors Circle
Wilmington, NC 28401
NORTH CAROLINA
Envir n tal Quality
Subject: Permit Renewal
Post -Construction Stormwater Management Permit No. SW8 950519
Berkleigh Subdivision Northchase
New Hanover County
Dear Ms. Dmughan:
Effective August 1, 2013 the Post -Construction Stormwater Management Program has been transferred from the
Division of Water Quality ("DWQ") to the Division of Energy, Mineral and Land Resources ("DEMLR"). All
previous references to DWQ will remain in older permits issued prior to August 1, 2013 until they are modified.
Please note that this permit will now reference DEMLR as the Division responsible for enforcement of the permit.
The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on February 28, 2022. The Division is hereby notifying you that permit SW8950519 has been
renewed, updated, and re -issued on March 7, 2022, as attached. Please be aware that the renewal and re -issuance
of this stormwater permit does not imply that the site is currently in compliance.
This permit shall be effective until February 26, 2030 and does not supersede any other agency permit that may
be required. The project shall be subject to the conditions and limitations as specified therein. This permit does
not impose new or increased stormwater control requirements; it clarifies the rules and requirements of this
program to provide you with a better understanding of your obligations under this permit. Failure to comply with
these requirements will result in future compliance problems. Please note that this permit is not transferable
except after notice to and approval by the Division.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The
written petition must conform to Chapter 150E of the North Carolina General Statutes and must be filed with the
OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding
the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center,
Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless
such demands are made this permit shall be final and binding.
If you have any questions concerning this permit, please contact Ashley Smith in the Wilmington Regional
Office, at [phone] or [e-mail].
Since ly,
rian n, Director
Drvlsion o Energy, Mineral and Land Resources
D E O%M North Carolina Department of Environmental Quality I Division of Energy. Mineral and land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I wRmingtom North Carolina 28405
^a�••^���•+r� / 910.796.7215

State Stormwater Permit No. SW8 950519
Page 2 of 2
Enclosures: Attachment A — Designer's Certification Form
Attachment C — Permitting History
Renewal Application Documents
DES/ams: %Stormwater\Permits & Projects\1995\950519 HD\2022 03 permit 950519
cc: Wilmington Regional Office Stormwater File
D Mffi jft,p North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Y Wilmington Regional Office 1 127 Cardirul Drive Extension I Wilmington, North Carolina 28405
910.796.7215

State Stormwater Management Systems
Permit No. SW8 950519
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,
and other applicable Laws. Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
North Chase Homeowners Association, Inc.
Berkleigh Subdivision Northchase
Brinkman Drive, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of two detention ponds in compliance with the provisions of 15A
NCAC 2H .1000 (hereafter referred to as the "stormwater rules') as outlined in the application, approved
stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded
documents, specifications, and other supporting data (the "approved plans and specifications") as attached
and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or
"DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved
plans and specifications. The approved plans and specifications are incorporated by reference and are
enforceable part of this permit.
This permit shall be effective from the date of issuance until February 26, 2030 and shall be subject to the
following specified conditions and limitations. The permit issued shall continue in force and effect until the
permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however,
these actions do not stay any condition. The issuance of this permit does not prohibit the Director from
reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as
allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al.
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater described in the
application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described on
page 2 of this permit.
3. Each of the lots in the subdivision will be limited to the amount of built -upon area indicated in the
supporting calculations and per approved plans.
Page 1 of 5

State Stormwater Management Systems
Permit No. SW8 950519
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PROJECT DATA SHEET
Project Name:
Berkleigh Subdivision at Northchase
Permit Number:
SW8 950519
Location:
New Hanover County
Applicant:
NorthChase Homeowners
Association, Inc.
Mailing Address:
1628 Doctors Circle
Wilmington, NC 28401
Application Date:
February 28, 2022
Water Body Receiving Stormwater Runoff:
Prince George Creek
Classification of Water Body:
"C Sw"
North Pond
South Pond
Pond Depth:
3.2 feet
3 feet
Permanent Pool Elevation, MSL:
31.7
31.5
Total Impervious Area, ft2:
165,786
187,133
lots/ @3,000 sf/lot:
39/117,000
42/126,000
Common Area, ft2:
1,000
1000
Offsite Area entering Pond:
N/A
Required Surface Area, ft':
18,220
21,650
Provided Surface Area, ft2:
18,810
21,960
Required Storage Volume, ft':
19,908
20,582
Provided Storage Volume, ft':
20,635
22,815
Temporary Storage Elevation, FMSL
32.75
32.5
Controlling Orifice:
2.5" pipe
2.75" pipe
4. The permittee is responsible for verifying that the proposed home plans do not exceed the allowable
built -upon area. Once the lot transfer is complete, the home plan may not be revised without approval
from the permittee and the Division, and responsibility for meeting the built -upon area limit is
transferred to the individual homeowner.
5. The Director may notify the permittee when the permitted site does not meet one or more of the
minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall
submit a written time schedule to the Director for modifying the site to meet minimum requirements.
The permittee shall provide copies of revised plans and certification in writing to the Director that the
changes have been made.
Il. SCHEDULE OF COMPLIANCE
The permittee will comply with the following schedule for construction and maintenance of the
stormwater management system:
a. The stormwater management system shall be constructed in it's entirety, vegetated and
operational for it's intended use prior to the construction of any built -upon surfaces except
roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will
be repaired immediately.
2. The permittee shall at all times provide the operation and maintenance necessary to assure the
permitted stormwater system functions at the design condition including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
Page 2 of 5

State Stormwater Management Systems
Permit No. SW8 950519
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping.
3. Records of maintenance activities must be kept and made available upon request to authorized
personnel of DEMLR. The records will indicate the date, activity, name of person performing the work
and what actions were taken.
4. Decorative spray fountains will be allowed in the stormwater treatment system if calculations are
provided documenting the permeant pool volume is greater than 30,000 cubic feet.
5. Deed restrictions must be recorded prior to the sale of any lot, which limit the built -upon area per lot.
The recorded statements must follow the form:
a. 'The allowable built -upon area per lot is 3,000 square feet, inclusive of that portion of the right-
of-way between the lot line and the edge of pavement, structures, pavement, walkways of brick,
stone, or slate, but not including open wood decking."
b. 'The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the State."
C. "Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the State."
The facilities shall be constructed, operated and maintained in accordance with the provisions of this
permit, the approved plans and specifications, and the supporting documents attached to this permit
and on file with the Division.
No person or entity, including the permittee, shall alter any component shown in the approved plans
and specifications. Prior to the construction of any modification to the approved plans, the permittee
shall submit to the Director, and shall have received approval for modified plans, specifications, and
calculations including, but not limited to, those listed below. For changes to the project or SCM that
impact the certifications, a new or updated certification(s), as applicable, will be required and a copy
must be submitted to the appropriate DEQ regional office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including the
SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project
and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of
the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown
on the approved plan.
e. The construction of any allocated future BUA.
f. Adding the option to use permeable pavement or #57 stone within the lots as a permeable
surface. The request may require a proposed amendment to the deed restrictions and protective
covenants for the subdivision to be submitted and recorded.
g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping
material to be considered a permeable surface that were not included in the approved plans and
specifications.
h. Other modifications as determined by the Director.
8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation
of this permitted facility, a certification must be received from an appropriate designer for the system
installed certifying that the permitted facility has been installed in accordance with this permit, the
approved plans and specifications, and other supporting documentation. Mail the Certification to the
Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, North Carolina, 28405.
Page 3 of 5

State Stormwater Management Systems
Permit No. SW8 950519
III. GENERAL CONDITIONS
1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall
take immediate corrective actions. This includes actions required by this Division and the stormwater
rules such as the construction of additional or replacement on -site stormwater systems. These
additional or replacement measures shall receive a permit from the Division prior to construction.
2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the
expiration date of this permit. The renewal request must include the appropriate application,
documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3).
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The
permittee shall submit a completed Permit Information Update Application Form to the Division within
30 days to making any one of these changes.
4. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval
by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance
of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request
must be submitted within 90 days of the permit holder meeting one or more of the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business association
that has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the property on
which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or
other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the permitted
activity is occurring or will occur, except in the case of an individual residential lot sale
that is made subject to the recorded deed restrictions and protective covenants;
V. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of NCGS 143-214.7(c2),
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will
be conducted by Division personnel to ensure the permit conditions have been met and that the
project and the on -site stormwater system complies with the permit conditions. Records of
maintenance activities performed to date may be requested. Projects not in compliance with the
permit will not be transferred until all permit and/or general statute conditions are met.
COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this
permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable recorded
documents, and specifications shall be maintained on file by the permittee at all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during
normal business hours to inspect all components of the permitted project.
C. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the stormwater rules is subject to
enforcement procedures as set forth in NCGS 143 Article 21.
d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual
certification completed by either the permittee or their designee confirming the projects
conformance with permit conditions
Page 4 of 5

State Stormwater Management Systems
Permit No. SW8 950519
e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site
does not meet one or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the Director for
modifying the site to meet minimum requirements. The permittee shall provide copies of
modified plans and certification in writing to the Director that the changes have been made.
OTHER PERMITS. The issuance of this permit does not preclude the permittee from complying
with and obtaining any other permits or approvals that are required for this development to take
place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by
any other Local, State or Federal government agency having jurisdiction. Any activities
undertaken at this site that cause a water quality violation or undertaken prior to receipt of the
necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and
subject to enforcement procedures pursuant to NCGS 143-215.6.
Permit renewed, updated and reissued this the 7th day of March 2022.
RONMENTAL MANAGEMENT COMMISSION
Division of Energy. Iineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 950519
Page 5 of 5

Post -Construction Stormwater Management
Permit No. SW8 950519
Berkleigh Subdivision
Stormwater Project No. 950519
New Hanover County
Attachment A
Engineer's Certification
I, , as a duly registered Professional Engineer in the
State of North Carolina, having been authorized to observe (periodically/weekly/full time) the
construction of the project,
oject)
for (Project Owner) hereby state that, to the best of my
abilities, due care and diligence was used in the observation of the project construction such that the
construction was observed to be built within substantial compliance and intent of the approved plans
and specifications.
Noted Deviations from the approved plan:
Signature
Registration Number
Date
SEAL
Page 1 of 2

Certification Requirements:
Post -Construction Stormwater Management
Permit No. SW8 950519
Page 2 of 2
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built -
upon area.
3. All the built -upon area associated with the project is graded such that the runoff drains
to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-circuiting of the
system.
11. The permitted amounts of surface area and/or volume have been provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and
the vegetated filter.
15. The required dimensions of the system are provided, per the approved plan.
cc: NCDEQ-DEMLR Wilmington Regional Office
Page 2 of 2

Attachment C - Permitting History
Berkleigh Subdivision at Northchase
Permit No. SW8 950519
Approval
Permit
BIMS
Description of the Changes
Date
Action
Version
Original
11/2/1995
Approval
1.0
from Ammons Northchase
Corporation to CEPCO-
Northchase Homeowners
2/26/1998
Transfer
1.1
Association, Inc. Addressed
to Propery Management
Company
CEPCO was removed;
application lists another
8/19/2003
Transfer
1.2
transfer from Ammons to
1140A
10/10/2011
Renewal
2.0
3/4/2022
Renewal
3.0
Expires February 26, 2030

Operation and Maintenance Plan Acceptance
We acknowledge our support for the transfer of Stormwater Permit SW8 950519 from Ammons NorthChase
Corporation to the NorthChase Homeowners' Association.
We hereby acknowledge the receipt of the Operation and Maintenance Plans that are a part of permit
SW8 950519 (Berkleigh Subdivision, Phases 4, 5 and 6). We will continue to maintain these facilities in
compliance with the referenced Operation and Maintenance Plans.
�/ esident
NorthChase HomeO Association , Inc.
STATE OF NORTH CAROLINA
COUNTY OF A]" /lunGve,—
I, I may—i-p-Colnc� l� A Notary Public of the County and State aforesaid, certify that
c.��la o-iLoeG I President of NorthChase Homeowner's Association, came before me this day
and acknowledged the due executionofthe foregoing instrument on behalf of the Company. Witness my hand
and official stamp, or seal, this L A7 day of 2003
Notary Public
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NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781)
Section 80.(c). This application form is for permit renewals only.
A. PROJECT INFORMATION
1. State Stormwater Permit Number: SW8950519
2. Project name: Berkleigh Subdivision Northchase
3. Project street address: Brinkman Drive
City: Wilmington County: New Hanover
ZIP: 28405
4. What, if any, changes have been made to the project as permitted?
If the project has changed from the original approved plans, please complete SWU-101 fora Major
Modification or Minor Modification Application form available at https://deg.nc.gov/about/divisions/energy-
min eral-la nd-resou rces/ene rqy-mi nera I -la nd-ru les/stormwater-prog ra m/post-con struction.
B. PERMITTEE INFORMATION
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at: hh1 ps://deg.nc.gov/about/divisions/energy-mineral-land-
resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not
automatically transfer with the sale of the property.
1. Current Permit Holder's Company Name/Organization: Northchase Homeowners Assocation Inc
2. Signing Official's Name: Desirae Drauvhan
3. Signing Official's Title: Board Presidents
4. Mailing Address: 1628 Doctors Circle
City: Wilmington
28401
5. Street Address: 3000 Tandem Court
NC ZIP :
City: Wilmington State: NC ZIP
28405
6. Phone: [phone] Email: Desiraedraughan(a)gmail.com
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FEB 2 8 2W
BY:
Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018

C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) orDEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORM. Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial each item below to indicate that the required information is provided in the application package:
DID 1. A permit application processing fee of $505.00 payable to NCDEQ.
DID 2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation — a principle executive officer of at least the level of vice-president;
b. Limited Liability Company (LLC) — a manager or company official as those terms are defined
in G.S. 57D "North Carolina Limited Liability Company Act;"
c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership — the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the
signature of another entity.
DO 3. One hard copy and one electronic copy of recorded documents required by the original permit that have
not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
DID 4. O&M Agreements, Please select one:
® I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit; or
❑ 1 do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to keep this on file with the permit.
DID 5. Designer Certifications, Please select one:
® A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed; or
❑ The project has not yet been built.
6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC):
Provide one hard copy and one electronic copy of documentation from the INC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C.2 per 15A NCAC 2H. 1043(3)(b).
https://www.sosnc.gov/online services/search/by title/ Business Registration
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Stormwater Permit Renewal Application Form Page 2 of 3 By-- May 11, 2018

D. PERR`MITTEE'S CERTIFICATION
I, (6a) [�O A- W& the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the
project. SCMs, or ownership. All information provided on this permit renewal application is, to the best of my
knowledge, co >ect complete.
Signature: LI� Date:tR
NOTARIZATION:
S , a Notary Public for the State of
County of
do hereby certify
that 2e.c-, i rae_ 'Alastro personally appeared before me
this the A 4 day of Ubfan iu 20 z, and acknowledge the due
W918ThIft.forgoing instrument. Witness my hand and official seal,
PU81\G
ary Signaturp�
expires
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BY:_­­—
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018

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BOOK PAGE
16 0 9 0 0 2 8 REBECCA T. CHRItS HAN
STATE OF NORTH CAROLINA REGISIEROFOEEOS
COUNTY OF NEW HANOVER IIEW HANOVER CO. NO
_ '92 AN 30 AID 8 57
PROTECTIVE COVENANTS OF
)000 11 BERKLEIGH SUBDIVISION
�• FEB 2 8 2022 SECTION 1
By.��
THIS DECLARATION, Made this day of NC 1992 b
AMMONS NORTHCHASE CORPORATION, a North Carol na corporation, hereinafter called "Declarant.Of
- I T N E S S E T If:
THAT WHEREASthe Declarant is the owner of the real property
described in Article I of this Declaration and is desirous of
subjecting said real property to the Protective Covenants
hereinafter set forth, each and all of which is and are for the
benefit of such property and for each owner thereof, and shall
inure to the benefit of. and pass and run with said property, and
each and every lot or..parcel thereof, and shall apply to and bind
the successors in interest and any owner thereof. .
NOW, THEREFORE, the Declarant hereby declares that the real.
property described in and referred to .in Article I hereof is and
shall be held, transferred, sold, and conveyed subject to the
Protective Covenants set forth below:
ARTICLE I
The real property which is, and shall be held, transferred,
sold and conveyed subject to the Protective Covenants set forth in
the Articles of this Declaration is located in the County of New
Hanover, State of North Carolina, and is more particularly
described as follows:
Being all of Lots 1, 2, 30, 31 and 32 inclusive,
as the same are shown on a map of BERKLEIGH Sub-
division as recorded in Map Book 32, at Page 244,
New Hanover County Registry.
The real property described in Article I hereof is subject to
the Protective Covenants and Restrictions hereby declared to insure
the best use and the most appropriate development and improvement
of each lot thereof; to protect the owners of lots against such
improper use of surrounding lots as will depreciate the value of
their property; to preserve, so far as practicable, the natural
beauty of said property; to guard against the erection thereon of
poorly designed or proportioned structures, and structures built of
improper or unsuitable materials; to obtain harmonious color
schemes; to insure the highest and best development of said
DRAWN BY
RETUjif�ED �O

BOOK PAGE
property; to encourage and se 1 o reherectionO
e of attractive homes
thereon, with appropriate locations thereof on lots; to prevent
haphazard and inharmonious improvement on lots; to secure and
maintain proper setbacks from streets and adequate free spaces
between structures, and in general to provide adequately for a high
type and quality of improvements in said property, and thereby to
enhance the values of investments made by purchasers of lots
therein.
ARTICLE II
LAND USE AND BUILDING TYPE. No lot shall be used except for
single family residential purposes. No building or structure,
including TV Satellite Dish, shall be erected, altered, placed or
permitted to remain on any lot other than one detached, single
family dwelling not to exceed three (3) stories in height, a
approval of
private garage for not more than three (3) cars, and (with the
the Architectural Committee) .a non-metal accessory
building or structure for storage or other appropriate residential
uses, not in excess of 250 square feet in area, which shall be
located in the rear of dwelling at a location approved by the
Architectural Committee.
ARTICLE III
N.
buildingLorNstructureO and allo building ga age) shallibeledrercted n accessory
altered on an placed, or
y premises in said development until the building
plans, specifications, and plot showing the building, have been approved location of every such
in writing as to conformity and
harmony of external design with existing structures in the
development, and as to location of the building with respect to
topography and finished ground elevation by the Architectural
Committee, which shall be a committee composed of three persons
designated and appointed by the Board of Directors of Ammons
NorthChase Corporation, its successors or its assigns. In the
event the Committee fails to approve or disapprove such design or
location within thirty days after the plans and specifications have
bee submitted to it, or, in any event if no suit to enjoin the
erection of any such building or the making of such alterations has
been commenced prior to the completion thereof, such approval will
not be required and this covenant will be deemed to have been fully
complied with. Members of the Committee shall not be entitled to
any compensation for services performed pursuant to this covenant.
ARTICLE 1V
DWELLING SIZE. Except- with the prior written approval of the
Architectural Committee, no residential structure, which has an
area of less than 1100 square feet, exclusive of porches, breeze-
ways, steps and garages, shall be erected or placed or permitted to
remain on'any lot.

ARTICLE V BOOK PACE
o
BUILDING SETBACK AND SEPARATION. 16 uoi dings 1 o at�d on the
periphery of the Planned Development District shall be set back a
minimum of twenty (20)feet from the Planned Development District
boundary. All buildings shall be set back at least ten (10) feet
from the rear lot lines and all pedestrian and bicycle paths, front
setbacks to be twenty-five (25) feet from all public and private
streets, and fifty (50) feet along US and NC numbered highways and
major thoroughfares. No building shall encroach upon the right-of-
way of a proposed thoroughfare as designated by the Wilmington Area
Thoroughfare Plan. No building shall be located nearer than five
(5) feet from any side line and in no case shall any part of a
building be located closer than ten (10) feet to any part of
another building. For the purpose of this covenant, eaves and
steps shall not be considered a part of a building, provided,
however, that this shall not be construed to permit any portion of
a building on a lot to encroach upon another lot. Ammons
NorthChase Corporation reserves the right to waive minor violations
of the setback and side line requirements set forth in this
Article. (Violations not in excess of 10% of the minimum
requirements shall be deemed minor.) In the event the setback
distances on the recorded plat conflict with those recited herein,
the setbacks stated herein shall control.
ARTICLE VI
LOT AREA AND WIDTU. All lots as shown on the recorded map
hereinbefore referred to are hereby approved. Adjustments may be
made, however, in the line between any two lots so long as the area
of any lot is not reduced by more than ten percent (10%) and so
long as all other restrictions herein set forth are observed.
ARTICLE VII
EASEMENTS. Easements for installation and maintenance of
utilities and drainage facilities are reserved as shown on the
recorded plat and over the rear ten feet of each lot and five feet
on the front and each side line unless shown in excess of such
distances on .the recorded plat, in which case the plat shall
control. Within these easements, no structure, planting or other
material shall be placed or permitted to remain which may damage or
interfere with the installation and maintenance of utilities and
drainage facilities, or which may change the direction of flow of
drainage channels in the easements, or which may obstruct or retard
the flow of water through drainage channels in the easements. The
easement area of each lot and all improvements in it shall be
maintained continuously by the owner of the lot, except for those
Improvements for which a public authority or utility company is
responsible. The easements provided for herein may be moved to
conform to the relocation of lot lines provided such movement does
not interfere with the existing easement rights belonging to the
owners of the other lots.

BOOK PAGE
ARTICLE VIII 1 6 0 9 0 0 3 1
BUSINESS, MANUFACTURING, COMMERCIAL AND PROFESSIONAL USES
PROHIBITED; NUISANCES PROHIBITED. No part of the said property
shall be used for business, manufacturing, commercial or
Professional purposes. No noxious or offensive trade or activity
shall be carried on upon any lot, nor shall anything be done
thereon which may be or become an annoyance or nuisance to the
neighborhood. No signs or billboards shall be erected or
maintained on the premises, except real estate subdivision signs or
other related types of signs. No business activity or trade of any
kind whatsoever, which shall. include but not be limited to the use
of any residence as a doctor's office or professional, office of any
kind, a fraternity house, a rooming house, a boarding house, an
antique shop or gift shop, shall be carried on upon any lot. No
trade materials or inventories may be stored or regularly parked on
the premises.
ARTICLE IX
TEMPoRARy STRUCTURES. No trailer, tent, shack, barn or other
outbuilding, except a private garage for not more than three (3)
cars and an accessory building or structure as authorized by the
Provisions of ARTICLE II, shall be erected or placed on any lot
covered by these covenants. Except with the prior consent of the
Architectural Committee, no detached garage shall at any time by
used for human habitation temporarily or permanently. Also, no
clotheslines, satellite dishes or any outside antennas (radio and
television) shall be permitted without express written consent of
the Architectural Committee.
ARTICLE X
FENCES. No fence, wall, hedge, or mass planting shall be
permitted except in rear of dwelling and shall not be permitted to
extend beyond the rear corner of dwellings, except upon approval by
the Architectural Committee. Any fence constructed within these
bounds must be approved by the Architectural Committee as to
location, style, design and materials.
ARTICLE XI
MAILBOXES. Prior to the erection of any mailbox on any lot in
Subdivisionthe
the lotownerwill pr scent ar plan eet rera design fora
asaid mailboxg-of-way adjcent to tileland
a plot plan showing the location thereof to the Declarant, and the
Declarant shall have the right to approve both the design and
location of said mailbox; it being the intention of the Declarant
to require a uniform look of all mailboxes in BERKLEIGH
Subdivision. If after sixty (60) days have passed and Declarant
has not responded to the plan submitted by the lot owner, the lot
owner is entitled to assume that his plan and location has been
approved by the Declarant. If a mailbox is erected without
following this procedure, then the Declarant is entitled to remove
the mailbox and require lot owner to erect one of proper design.

BOOK PACE
ARTICLE XII
1009 0032
ANIMALS. No animals or poultry of any kind, other than house
pets, shall be kept or maintained on any part of said property.
ARTICLE XIII
PARKING. Adequate off-street parking shall be provided by the
owner of each lot for the parking of automobiles owned by such
owner, and owners of lots shall not be permitted to park their
automobiles on the streets in the development. Owners of lots
shall not be permitted to park boats, trailers, campers and all
other similar property on the streets in the development, and such
property shall be parked in a garage or screened area. The
Homeowners Association may make parking available for recreational
vehicles and boats. No unlicensed vehicle or junk cars shall be
parked on any lot, in the streets or common areas.
ARTICLE XIV
UNDERGROUND UTILITIES AND STREET LIGHTING. Declarant reserves
the right to subject the real property described hereinabove to 'a
contract with Carolina Power & Light Company for the installation
Of street lighting, either or both of which may require a
continuous monthly charge to the owner of each building lot.
ARTICLE XV
TERM. These covenants are to run with the land and shall be
binding on all parties and all persons claiming under them for a
period of. twenty-five (25) years from the date on which this
Declaration and Agreement is filed for registration in the Registry
of New Hanover County, after which period said covenants shall be
automatically extended for successive periods of ten (10) years
unless an instrument signed by a majority of the then owners of the
lots has been recorded agreeing to change said covenants in whole
or in part.
ARTICLE XVI
ENFORCEMENT. Enforcement shall be by proceedings at law or in
equity against any person or persons violating or attempting to
violate any covenant, either to restrain violation or to recover
damages, or both.
ARTICLE XVII
SEVERADILITY. Invalidation of any one of these covenants or
any part thereof by judgment or court order shall in no wise affect
any of the other provisions which shall remain in full force and
effect, and the failure of any person or persons to take action to
enforce the violation of any of these covenants and restrictions
shall not prevent the enforcement of such covenant or covenants in
the future.

''IN V-ITNESS WIIEREOF, Ammons NorthChase Corporation has caused
:hi6:.nstfumenh.to be executed in its corporate name by its proper
{, f-i,Fdre,rand its corporate seal hereunto affixed, as of the day and
"'�A-ko'Eabove written.
AMMONS NORT►ICHASE CORPORATION
By
d n _ President
ecary
NORTH CAROLINA,
NEW HANOVER COUNTY.
I, the undersigned Notary Public, hereby certify that Emily B.
Voigt personally came before me this day and acknowledged that she
is Assistant Secretary of Ammons Northchas6 Corporation, a North
Carolina corporation, and that by authority duly given and as the
act of the corporation, the foregoing instrument was signed in its
name by its President, sealed with Its corporate seal and attested
by herself as its Assistant Secretary.
itness my hand and notarial seal this _ 3V-4 day of
1992.
My commission expires:
4y9�0UB1,�Gf 2•,=
M o0
0
tNa ry Pu 1 0
�c
to
STATE OF NORTH CAROLINA
New Hanover County o
The Foregoing/ Annexed Certlf)®te(s) of O D
Fyrl; l y B a Voiat
w �
Notary (Notaries) Public bs/ are certified w
It, be coned.
This the 30 _day of JwTe 1992
,�Reb/e a Tucker thrblllan Register of deeds
byr�"
I piny/Anshte+d

e1�ro
1 3 1 J 11:3c
Drawn by: Seay, Rouse, Harvey a Titchener, Box 18807, Raleigh, NC 27619
NORTH CAROLINA, - DECLARATION OF COVENANTS, CONDITIONS
I: AND RESTRICTIONS FOR NORTHCHASE
NEW HANOVER COUNTY. NEW HANOVER COUNTY REGISTRY
THIS DECLARATION, made do the date hereinafter set forth by Ammons -Boykin
Corporation, a North Carolina corporation, hereinaE ter referred to as 'Declarant."
ARTICLE I
STATEMENT OF PURPOSE AND INTENT
76 The Declarant is engaged in the development of a tract of land 'containing
approximately 750 acres of land, located on the west and east sides of State
Route 132 north of the City of Wilmington, as described on Exhibit "A" and to
be known as NorthChase and herein referred to as "NorthChase." NorthChase will
Include residential, recreational, shopping center, office, industrial and
institutional properties.
In the construction of NorthChase, the applicable sedimentation and soil
erosion laws require developers to observe practices designed to prohibit the
sedimentation of streams not within the boundaries of the subdivision.
NorthChase contains several ma,made lakes, and the Declarant intends to
construct several additional lakes.
The primary purpose of these lakes is to collect"puch sediment as may
result from erosion during the development of NorthChase and the construction
of improvements and to prevent such sediment from polluting streams and drainage
areas not within the boundaries of NorthChase.
The secondary purpose of these lakes is to provide the recreation and
beauty which such lakes contribute to a development.
While it 1s the desire and intent of the Declarant to avoid unreasonable
sedimentation of the lakes, whereby they will ultimately be valuable to the
subdivision from the standpoint of recreation and aesthetics, it is nevertheless
essential to reiterate the primary -purpose of the lakes and the absolute right
Of the Declarant to use them for the collection of sediment during the development
of NorthChase without any obligation to thereafter remove the sediment.
The purpose and intent of this Declaration is to provide for the
ownership and the continuing maintenance of all the lakes of NorthChase, the
RET1mNEo TO f n/ CudR
q,nmati5-�OTK
a'7oi Cof,eyr_ RR
I+.ti, ; wyrL.6 NC. �R�c

131:, 1lil
greenways, planted and landscaped area, in the circles at the end of cul-de-
sacs and areas within the boundaries entitled "Common. Areas."
ARTICLE lI
DEFINITIONS
SECTION 1. "Association" ,hall mean and refer to NorthChase Homeowners
Association, Inc., It successors and assigns.
SECTION 2. "Properties" shall ,an and refer to that certain real property
herelnabefore described, and Such additions thereto as may hereafter be brought
within the jurisdiction of the Association.
SECTION 7. "Common Area" shall mean all real property owned by the
Association for the common use and enjoyment of all members or designated
classes of members of the Association, including greenways and certain designated
recreational areas.
SECTION 4. "Lot" shall mean and refer to any plot of land shown upon
the last recorded subdivision map of the Properties on which auch plot appears
(provided said map has been approved by Declarant), with the exception of the
Common Area, privately owned recreation areas, apartment areas and non residential
areas.
SECTION S. "Lot In Use" shall mean and refer to any lot on which a
dwelling unit, other than apartment, has been fully constructed and occupied
as a dwelling. unit.
SECTION 6. "Member" shall mean and refer to every person or entity who
holds membership in tho Association.
SECTION 7. "Owner' shall mean and refer to the record owner, whether
one or more persons or entitles, of a fee simple title to any lot which is a
part of the Properties. Including contract sellers, but excluding those having
such interest merely as security for the performance of an obligation.
SECTION B. "Declarant" shall mean and refer to Ammons -Boykin Corp. and
those of its successors and assigns, if any, to whom the rights of Declarant
hereunder are expressly transferred hereafter, in whole or In part, and subject
to such terms and conditions as the Declarant may impose.
SECTION 9. "Amenitites" shall mean the facilities constructed, erected,
or installed on the Common Area for the use, benefit and enjoyment of Members.
-2-

ARTICLE III
ANNEXATION OF ADDITIONAL PROPERTIES
SECTION 1. ANNEXAT10N BY MEMBERS. Except as provided in Section 2 of
this Article, additional lands may be added and annexed to the Properties only
If both two-thirds (2/3) of ail of the votes entitled to be cast, in the aggregate,
by Class A members and also two-thirds (2/3) of all of the votes entitled to
be cast by Class B members, if any, are cast in favor of annexation. A meeting
shall be duly called for this purpose. written notice of which shall be sent
to all members of the Association, setting forth the time, place, and purpose
of the meeting, not less than thirty (30) days nor more than sixty (60) days
In advance of the meeting.
For the purposes of such meeting, the presence thereat of members or
proxies entitled to cast sixty (60%) percent of the votes of the Class A members
and sixty (60%) percent of the votes of the Class B'members, if any, shall,
constitute a quorum. If the required quorum is not forthcoming at any meeting,
another meeting may be called within sixty (60) days thereafter, subject to the
notice requirement set forth above, and the required quorum of such subsequent
meeting shall he one-half (1/2) of the, required quorum of the preceding meeting.
If a quorum is present and the majority of the votes are cast in favor
of the annexation, but the majority is less than the two-thirds (2/3) majority
either of the Class A or of the Class B votes, or both, required for approval
of the annexation, and it appears that the required two-thirds (2/3) majority
of either class may be achieved if the members not present or voting by proxy
assent to the annexation, then and in that event, the members not prevent or
voting by proxy may assent to or dissent from the proposed annexation in writing
wlLhin 120 days following the date of the meeting at which the vote was taken.
Each member so assenting or dissenting shall be deemed to have cast, respectively,
all of the votes to which he is entitled under Article V of this Declaration
either in favor of or against the annexation. If the number of votes cast at
the meeting in favor of the annexation, together with the votes deemed to have
been cast by the members assenting to the annexation, shall constitute the
requisite two-thirds (2/3) majority of all votes entitled to be cast by the
-3-

d n(r.
I3IJ i I J
Class A members, in the aggregate, and by the Class B members, the annexation
shall stand approved.
SECTION 2. ANNEIIATION BY DECLARANT. The Declarant may annex additional
lands to the Properties in the following manner:
(a) If, within ten (10) years of the date of incorporation of the
.Association, the Declarant should develop additional lands within the boundaries
of lands described in. Exhibit "A" of the Articles of Incorporation for this
Associaiton and shown on the general plan of NorthChase heretofore submitted
to New Hanover County, such additional lands may be annexed to said Properties
without the assent of Class A members. Detailed plans for the development of
additional lands may be submitted to New Hanover County prior to such development
if such submission is required by ordinances of New Hanover County.
(b) The Declarant may annex to the Properties the additional lands
described in Subsection (a) of this Section 2 by recording in the New Hanover
County Registry a declaration of annexation, duly executed by Declarant, describing
the lands annexed and incorporating the provisions of this Declaration, either
by reference or by fully setting out said provisions therein. The additional
land shall be deemed annexed to the Properties on the date of recordation of
the declaration of annexation, and no action or consent on the part of the
Association or any other person or entity shall be necessary to accomplish the
annexation.
(c) Subsequent to recordation of the declaration of annexation by the
Declarant, ttre Declarant shall deliver, to the Association one or more deeds
conveying any Common Area within the lands annexed as such Common Area is
developed.
ARTICLE IV
MEMBERSHIP
SECTION 1. MEMBERS. The Declarant, for so long as it shall be an Owner,
and every person or entity who is a record owner of a fee or undivided fee
interest in any Lot which is subject by covenants of record to assessments by
the Association, Including contract sellers, shall be a member of the Association.
-4-

1315 113�
The foregoing. is not intended to include persons or entices who hold an interest
merely as security for the performance of an obligation. Ownership of such Lot
shall be the sole qualification for membership. and no Owner shall have more
than one membership, except as expressly provided hereinafter. Membership shall
be appurtenant to and may not be separated from ownership of any Lot which is
subJect to assessment by the Association. The Board of Directors may make
reasonable rules relating to the proof of ownership of a Lot in this subdivision.
ARTICLE V
VOTING RIGHTS
SECTION 1. The Association shall have two classes of voting membership:
Class A. Class A members shall be all those Owners as defined in Article
1V with the exception of the Declarant. Class A members shall be entitled to
one vote for each Lot in which they hold the interest required for membership
by Article IB. When more than one person holds such Interest in any Lot. all
such persons shall be members. The vote for such Lot shall be exercised as they
among themselves determine, but in no event shall more than one vote be cost
with respect to any Lot, and no fractional vote may be cast with respect to any
Lot.
Class B. The Class B member shall be the Declarant. The Class B member
shall be entitled to three (J) votes for each Lot in which it holds a fee or
undivided fee interest, provided that the Class B membership shall cease and
be converted to Class A membership on the happening of either of the following
event, whichever occurs earlier:
(a) when the total votes outstanding in Class A membership equal the
total votes outstanding In Class B membership; provided, that the Class B
membership hereunder, additional lands are annexed to the Properties without
the assent of Class A members on account of the development of ouch additional
lands by the Declarant, all within the times and as provided for in Article 111,
Section 2 above; or
(b) on January 1, 1998.
SECTION 2. The right of any member to vote may be suspended by the Board
of Directors for Just cause pursuant to its rules and regulations and according
to the previsions of Article VI, Section 1(c).
-5-

ARTICLE VI
PROPERTY RIGHTS
SECTION I. Members' Easement of Enjoyment. Every member shall have a
right and.easement of enjoyment in and to the Common Area and such easement shall
he appurtenant to and shall pass with the title to every assessed Lot, subject
to each of the following provisions:
(a) The right of the Association to charge reasonable admission and other
fees for the use of any recreational facility situated upon the Common Area;
(b) The right of the Association, in accordance with its Articles and
muic(L
Bylaws, to borrow money for the purpose of improving the Common Area and facilities If
and in aid thereof to mortgage the Common Area, or any portion thereof, and the
rights of such mortgage in said Properties shall be subordinate to the rights
of the homeowners hereunder; provided, however, that if any Common Area is
mortgaged while the Class B membership is in existence, the execution of such
mortgage shall require the same approval of the membership which is required
for Special Assessments for Capital Improvements as set forth in Article V11,
Section 6 of this Declaration.
(c) The right of the Association to suspend the voting rights and right
to the use of the recreational facilities by a Member or any person to whom he
has delegated his right or enjoyment for any period during which any assessment
against his Lot remains unpaid; and for a period not to exceed thirty (30) days,
for anyinfraction of its published rules and regulations.
(d) The right of the Association to dedicate or transfer all or any part
of the Common Area to any public agency, authority, or utility for such purposes
and subject to such conditions as may be agreed to by the members. No such
dedication or transfer shall be effective unless approved by members entitled
to cast two-thirds (2/3) of the votes of the Class A membership and two-thirds
(2/3) of the votes of the Class B membership, if any, and unless written notice
of the proposed action is sent to every member not less than thirty (30) days
nor more than sixty (60) days in advance. The Instrument effecting such dedication,
transfer or conveyance aball be sufficient if executed by appropriate officers
-6-

of .the Association, and contains a recital of the approval of the members.
(a) The right of the Association to formulate, publish and enforce rules
and regulations as provided in Article VIII.
SECTION 2. Delegation of Use. Any member may delegate, in accordance
with the Bylaws, his right of enjoyment to the Common Area and facilities to
the members of his family, his tenants, or contract purchasers who reside on
the property.
SECTION 7. Title to the Common Area. The Declarant hereby covenants
for itself, its heirs and assigns, that it will convey fee simple title to the
Common Area shown an the aforementioned recorded map to the Association, free
and clear of all encumbrances and liens, prior to the conveyance of the first
Lot, except utility, antenna and drainage and sedimentation easements and easements
of governmental authorities. Similarly, Declarant will convey to the Association
common areas which are parts of NorthChase as those portions are annexed in the
future until all common areas as shown on the plans approved by New Hanover
County have been conveyed to the Association.
SECTION 4. The Association may regulate the parking of boats, trailers,
and other such Items on the Common Area (including the provision of special
facilities for which a reasonable charge may be made).
ARTICLE VII
COVENANT FOR ASSESSHENT
SECTION 1. Creation of the Personal Obligation of Assessments. Notwithstanding
any provision or inference in this Declaration to the contrary, no Lot shall
be subject to any annual or special assessments until and unless such Lot becomes
a Lot in Use, except as follows: Following approval of each area by both New
Hanover County and either the Veterans Administration or the Federal Housing
Administration and the annexation of each such area by the Declarant, and before
the sale of any Lot In the area annexed, the Common Area of such annexed area
shall be conveyed to the Association. The obligation to pay the annual assessment
as to all Lots in each annexed area shall accrue from the first day of the first
month following annexation.
-7-

1215 1i:1i
The amount of assessment on each Lot which is not a Lot in Use shall be
one-fourth (1/4) of the assessment applicable to a Lot in Use.
The Declarant, for each Lot in Use owned within the Properties, hereby
covenants, and each Owner of any Lot in Use, by acceptance of a deed therefor,
whether or not it shall be so expressed in any such deed or other conveyance,
is deemed to covenant and agree, to pay to the Association: (1) annual assessments
or charges, and (2) special assessments for capital improvements, such assessments
to be fixed. established, and collected from time to time as hereinafter provided.
The annual and special assessments on Lots in Una and the annual assessments
on iota which are not Lots in Use, together with such interest thereon and costs
Of collection thereof, as hereinafter provided, including without limitation,
reasonable attorney's fees, shall be a charge on the land and shall be a continuing
lien upon the Lot and improvements against which each such assessment is made
and shall be the personal obligation of the person who was the Owner of such
property for the period of such person's ownership. The personal obligation
shall not pass to his successors in title unless expressly assumed by them. All
assessments relating to Common Area shall be shared equally by the owners of
each Lot in Use.
Notwithstanding the foregoing, the Declarant may, at its election, postpone,
In whole or in part, the date on which the assessment shall commence provided
that the Declarant maintains the Common Areas for which no assessment is being
collected during the period of such postponement. (For example, an assessment
may be collected for the maintenance of one lake while the Declarant continues
to maintain another lake.)
If any person shall purchase land within the boundaries of the Property
and shall apply to the secretary of the Association, or such person who has been
designated by the Association for the maintenance of payment records, for
Information as to whether assessments applicable to the land being purchased
is subject to any past due assessments, It shall be the duty of the secretary
or other person In charge of assessment records to Immediately issue a written
statement as to whether the land being purchased is subject to past due assessments.
If such Issued statement indicates the statue of pant due assessments, the purchaser
a-

i
l
.,
.,
of land shall be entitled to rely upon the accuracy of such statement and shall
purchase free of any lien for past due assessments not shown on such statement.
SECTION 2. Purposes of Assessments. The assessments levied by the
Association shall be used exclusively for the purpose of promoting the beautification
of the Properties, the recreation, health, safety, and welfare of the residents
'in the Properties, the enforcement of these Covenants and the rules of the
Association, and, in particular, for the improvement and maintenance of the
Properties and providing the services and facilities devoted to this purpose
and related to the use and enjoyment of the Common Area. Nothing herein shall
mean that assessments may not be used for the beautification of areas within
the subdivision but which are not part of the Common Areas, such as entrance
signs, access easements crossing private property, median strips within public
streets or the interior of cul-de-sacs.
SECTION 3. The Association, its successors and assigns, and its agents
are granted the right to enter upon any residential lot, such entry to be made
by personnel with suitable devices and equipment, for the purpose of mowing.
_. removing„ clearing, cutting or pruning underbrush, weeds or other unsightly
growth, or for the purpose of building or repairing drainage ditches or other
earthwork, which In the opinion of the Association detracts from or is necessary
to maintain the overall beauty, ecology, setting and safety of the property.
Such entrance shall not be deemed a trespass. The Association and its agents
may likewise enter upon any lot to remove any trash which has collected without
such entrance and removal being deemed a trespass. The Association is authorized
to make reasonable charges to the owner for such services, which shall become
a lien upon the lot. The provisions of this paragraph shall not be construed
as an obligation on the part of the Association to undertake any of the foregoing.
SECTION 4. Basic and Maximum Annual Assessments. To and including December
31, 1986, the basic (and maximum) annual assessment shall not be in excess of
$240.00 per Lot in Use, except as otherwise provided herein, the exact amount
of which shall be determined from time to time as provided in subsection'(c)
Of this Section 3.
-9-

(a) From and after December 31, 1986, the basic annual assessment may
be increased by the Board of Directors of the Association effective January 1
of each year, without a vote of the membership, by a percentage which may not
exceed the greater of five (5%) percent per year or the percentage increase
reflected in the U.S. City average, Consumer Price Index -United States and
selected areas for urban wage earners and clerical workers, all items must
recent index and percent changes from selected dates (published by the U.S.
Burear of Labor Statistics, Washington, D.C.). or such Index as may replace said
Consumer Price Index, for the twelve-month period ending the immediately preceding
July 1; such increased assessment shall be the maximum annual assessment.
(b) After December 31, 1986, the basic annual assessments may be
increased by an affirmative vote of two-thirds (2/3) of the members or proxies
who are entitled to vote at a meeting called for such, and the increased
basic annual assessments shall be the basic annual assessment and be thereafter
adjusted pursuant to subparagraph (a) of this Section 4. Written notice of such
meeting shall be given by the Board of Directors to all members not less than
thirty') days nor more than sixty (60) days in advance of the meeting, setting
.- forth the date, time, place, and purpose of the meeting. The provisions of this
subsection shall not apply to nor be a limitation upon any change in the basic
and maximum assessments undertaken as an incident to a merger or consolidation
In which the Association Is authorized to participate under Its Articles of
Incorporation.
(c) After consideration of the current maintanance costs and future needs
of the Association, the Board of Directors may fix the annual assessments at
an amount not in excess of the maximums as determined in subsection (a) of this
Section 4.
(d) The Declarant shall be required to pay only 25% of any annualor
special assessments on Lots owned by the Declarant until said Lots are transferred
to a Class A member; however, in the event Declarant rents or offers to rent
any Unit constructed on a Lot then full payment of said assessments shall be
due and payable from that date forward.

J
SECTION 5. Special Assessments for Capital Improvements. In addition
to the annual assessments authorized above, the Association may levy in any
assessment year, a special assessment applicable to that year only, for the
purpose of defraying, in whole or In part, cite cost of any new construction,
reconstruction of described capital improvements upon the Common Area, including
the necessary fixtures and personal property related thereto: provided that any
such assessments shall be adopted by a two-thirds (213) affirmative vote of each
class of members voting In person or by proxy at a meeting duly called for this
purpose; written notice of which shall be sent to all members not less than
thirty (30) days nor more than sixty (60) days in advance of the meeting.
setting forth the time, place and purpose of the meeting.
SECTION 6. Uniform Rate of Assessments. Both annual and special assessments
relating to the Common Area must be fixed at a uniform rate for all Lots in Use
and may be collected on either a monthly, quarterly, or annual basis. Similarly,
annual assessments relating to the Common Areas must be fixed at a uniform rate
for all other Lots and may be collected on a monthly, quarterly, or annual basis.
Assessments may be collected in advance or in arrears.
SECTION 7. Quorum for any Action Authorized Under Sections 4 and 5. At
the first meeting called for the purpose stated In Sections 4 and 5 hereof, the
presence at the meeting of members or of proxies entitled to cast sixty percent
(60%) of all votes of each class of membership shall constitute a quorum. If
the required quorum is not forthcoming at any meeting, another meeting may be
called, subject to the notice requirement act forth in Sections 4 and 5, and
the required quorum at any subsequent meeting shall be one-half (112) of the
required quorum at the preceding meeting. Such subsequent meeting shall be held
within sixty (60) days following the preceding meeting.
SECTION 8. Date of Commencement of Annual Assessments: Due Dates. The
annual assessments provided for herein shall commence as to all Lots in Use and
other Lots, then existing, on the first day of the month following the conveyance
of a portion of the Common Area, unless postponed by the Declarant. The first
annual assessments shall be adjusted according to the number of months remaining
in the fiscal year. The Board of Directors shall fix the amount of the annual

assessment against each Lot at least thirty (30) days 1n advance of each annual
assessment period. Written notice of the annual asseasment shall be sent to
every Opener subject thereto. If the Board of Directors of the Association shall
determine that it would be Inequitable to require the payment of the full amount
of annual assessment as might be the case if only a portion of the amenitites
are available for the use of members the Board may waive payment of any portion
of the assessment. The due dates and appropriate penalties for late payment
shall be established by the Board of Directors. The Association upon demand
at any time shall furnish a certificate in writing signed by an officer of the
Association setting forth whether the assessments on a specified Lot have been
Paid. A reasonable charge may be made to defray the actual coat of furnishing
such certificate. Such certificate shall constitute conclusive evidence of
payment of any assessment therein stated to have been paid.
SECTION 9. Effect of Nonpayment of Assessments: Remedies of the Association.
Any assessments which are not paid when due shall be delinquent. If the assessments
are not paid within thirty (10) days after the due date, assessment shall bear
interest from the date of delinquency at the lesser of the highest lawful rate
or twelve (122) percent per annum, and the Association may bring an action at
law against the Owner personally obligated to pay the same, and interest, costs
and reasonable attorney's fees of any such action shall be added to the amount
of such assessment. No owner may waive or otherwise escape liability for the
assessment provided for herein by non-use of the Common Area or abandonment of
his Lot.
SECTION 10. Subordination of the Lien to Mortgagee. The lien of the
assessments provided for herein shall be subordinate to the Lien of any mortgage.
Sale or transfer of any Lot shall not affect the assessment lien; provided, however,
that the sale or transfer of any Lot pursuant to mortgage foreclosure or any
proceeding in lieu of foreclosure thereof, shall extinguish the lien of such
assessments as to payments which became due prior to such sale or transfer. No
sale or transfer shall relieve such Lot from liability for any assessment
thereafter becoming due or from the Lien thereof.
Except as amended herein the Declarations remain unchanged and in full
force and effect.
9R

ARTICLE Vill
USE RESTRICTIONS
SECTION 1. Rules and Regulations. The Board of Directors of the Association
shall have the power to formulate, publish and enforce reasonable rules and regulations
concerning the use and enjoyment of the, Common Area.
SECTION 2. Quiet Enjoyment. No obnoxious or offensive activity shall be
carried on upon the Properties which may be or may become a nuisance or annoyance
to the neighborhood.
ARTICLE IX
EASEMENTS
All of the Properties, including Lots and Common Area, shall be subject to
such easements for driveways, walkways, parking areas, water lines, sanitary sewers,
atom drainage facilities, gas lines, telephone and electric power lines, television
antenna Lines and other public utilities as shall be established by the Declarant
or by his successors in title, prior to the conveyance of Lots to subsequent
owners or the conveyance of Common Area to the Association; and the Association
shall have the power and authority to grant and establish upon, over, under
and across the Common Area conveyed to it, such further easements as are
requisite for the convenient use and enjoyment of the Properties.
ARTICLE X
RIGHTS OF FIRST MORTGAGEES AND INSURERS OF FIRST MORTGAGES
SECTION 1. Notice of Default to First Mortgagees and Insurers of
First Mortgagee. In the event that any Member is in default in any obligation
hereunder which remains unpaid for a period of sixty (60) days, every lender
who is a first mortgagee as to the Lot of the defaulting Member and the insurer
of such first mortgage, shall be immediately notified of such default, provided
that such lender and/or insurer shall have given notice to the Association
that it is a first mortgagee or insurer as to the Lot of such Member and shall
have requested the notice of default as herein set forth.
SECTION 2. Right to Inspect Books of the Association. Every first
mortgagee and/or insurer of a first mortgage of the Lot of a Member of the

Association shall have the right during regular business hours to examine
the books and records of the Association.
ARTICLE RI
GENERAL PROVISIONS
SECTION 1. Enforcement. The Association, or any Owner, shall have
the right to enforce, by any proceeding at low or in equity, all restrictions,
conditions, covenants, reservations, liens and charges now or hereafter imposed
by the provisions of this Declaration. Failure by the Association or by any
Owner to enforce any covenant of restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter.
SECTION Z. Severability. Invalidation of any of these covenants or
restrictions by judgment or court order shall not affect any other provisions
which shall remain in full force and effect.
SECTION 3. Exchange of Common Area for other Portions of the Properties.
Notwithstanding any provision herein to the contrary, except as provided in
Section 9 of this Article %I, it is expressly provided that the Association
may convey to the Declarant, as well as any other member, in exchange for
other portions of the Properties conveyed by the Declarant or other member
of the Association, any portion of the Common Area theretofore conveyed to
the Association, all as provided in the Articles of Incorporation of the
Association. Upon such conveyance, the area thus conveyed to the Declarant
shall become Common Area and subject to the Provisions of these Covenants
relating to Common Area. The following hypothetical is by way of illustration
and not of limitation: Due to a surveying error or the erroneaus plotting
of topo lines. a greenvay intended to extend along a drainage area is incorrectly
located. Thereafter, upon discovery of the error subsequent to the time of
the conveyance of the greenvay to the Association, such error could be corrected
by an exchange of land between the Declarant and the Association.
SECTION 4. Amendment. The covenants, conditions and restrictions
of this Declaration shall run with and bind the land, and shall inure to the
benefit of and be enforceable by the Association, or the owner of any Lot
subject to this Declaration, their respective legal representatives, heirs,

I
successors, and assigns, for a term of thirty (30) years from the date this
Declaration is recorded, after which time said covenants shall be automatically
extended for successive periods of ten (10) years. The covenants, conditions
and restrictions of this Declaration may be amended during the thirty-year
(30) period by an instrument signed by the Owners of not less than ninety
(90%) percent of the Lots existing at the time of such amendment, and thereafter
by an instrument signed by the Owners of not less than seventy-five (75%)
percent of the Lots; provided, however, that the Board of Directors of the
Association may amend this Declaration to correct any obvious error or
inconsistency in drafting, typing, or reproduction without action or consent
of the Owners, and such amendment shall be certified as an official act of
the Board and recorded In the New Hanover County Registry. No amendment shall
become effective unless the New Hanover County Attorney's office approves
the amendment or within thirty (30) days after said proposed amendment has
been submitted to the County Attorney's office it fails to comment, in which
case approval shall be deemed to have been given.
SECTION 5. Procedure for Certification and Recordation of Amendment.
Any instrument amending these covenants, conditions and restrictions other
than an amendment by the Board to correct an error or'inconsistency in drafting,
typing, or reproduction shall be delivered following execution by the Owners,
to the Board of Directors of this Association. Thereupon, the Board of
Directors shall, within thirty (30) days after delivery, do the following:
(a) Reasonably assure itself that the amendment has been executed
by the Owners of the required number of Lots as provided in Section 4 of this
Article. (For this purpose, the Board may rely on Its roster of members and
shall not be required to cause any title to any Lot to be examined);
(b) Attach to the amendment a certification as to its validity, which
certification shall be executed by the Association in the some manner that
deeds are executed. The following form of certification is suggested:
IS

CERTIFICATION OF VALIDITY OF ANENDNENT TO COVENANTS
• CONDITIONS AND RESTRICTIONS OF NORTHCHAGE
By authority of its Board of Directors, NorthChase Association hereby
certifies that the foregoing instrument has been duly executed by the Owners
of JD O percent of the Lots of NorthChase and to considered, therefore,
a valid amendment to the existing covenants, conditions and restrictions of
NorthChase.
This the 7i it day of
NORTHCHASE ASSOCIATION
.J
g
Y
' President
ATTEST: '�y�CZ�-(,LEA-�'.
Secretary
(c) Immediately, and within the thirty (30) day period aforesaid,
cause the amendment to be recorded in Lite New Hanover County Registry.
All amendments shall be effective from the date of recordation in the
-- New Hanover County Registry, provided, however, that no ouch instrument shall
be valid until it has been indexed in the name of this Association. When
an instrument purporting to amend the covenants, conditions and restrictions
has been certified by the Board of Directors, recorded and indexed as provided
by this Section, it shall be conclusively presumed that such instrument
constitutes a valid amendment as to the Owners of all Lots in NorthChase.
SECTION 6. Amendment of Declaration Without Approval of Owners. The
Declarant, without the consent or approval of any other owner, shall have
the right to amend this Declaration to conform to the requirements of any
law or governmental agency having legal Jurisdiction over the Property or
to qualify the Property or any Lots and improvements thereon for mortgage
or improvement loans made by, guaranteed by, sponsored by or insured by a
governmental agency or to comply with the requirements of law or regulations
of any corporation or agency belonging to, sponsored by, or under the substantial
control of, the United States Government or the State of North Carolina, regarding
-16-

purchase or sale in such lots and improvements, or mortgage interests therein,
as well as any other law or regulation relating to the control of the Property,
including, without limitation, ecological controls, construction standards,
aesthetics, and matters affecting the public health, safety and general
welfare. A letter from an official of any such corporation or agency,
Including, without limitation, the Veterans Administration (VA), U.S.
Department of Housing and Urban Development (HUD), the Federal Home Loan
Mortgage Corporation,- Government National Mortgage Corporation, or the
Federal National Mortgage Association, requiring an amendment as a condition
of approval, of ouch amendment of VA, HUD and/or such corporation or agency.
No amendment made pursuant to this Section shall be effective until
duly recorded in the New Hanover County Registry.
SECTION 7. Right of Declarant or Association to Amend to Achieve Tax -
Exempt Status. The Declarant, for so long as it shall retain control of the
Association, and, thereafter, the Board of Directors of the Association, may
amend this Declaration as shall be necessary, in its opinion, and without
the consent of any Owner, in order to qualify the Association or the Properties
or any portion thereof, for tax-exempt status. Such amendment shall become
effective upon the date of its recordation in the New Hanover County Registry,
SECTION B. Protective Covenants for Lots. Nothing herein shall affect
the Declarant's right to establish from time to time appropriate protective
covenants governing the use of Lots and the sire and location of building
thereon. Further, nothing herein shall be deemed to grant to the Association
any right to govern the Use of any Lot by its owner, except for the exercise
of easements rights owned by the Association which are located on the Lots
of Owners.
SECTION 9. FHA/VA Approval. Notwithstanding any provision in this
instrument to the contrary, as long as there is a Class g membership, the
following actions shall be allowed if Declarant desires to qualify sections
of NorthChase for Federal (lousing Administration or Veterans Administration
approval (but not otherwise), and only if the actions have received the prior
approval of the Federal (lousing Administration or the Veterans AdminLstrationl
-17-

(1) annexation of additional properties, and dedication of additional Common
Areas; (2) exchange of Common Area for other portions of the properties; (1)
amendment of this Declaration of Covenants, Conditions and Restrictions.
SECTION 10. Other Associations. Nothing herein shall affect the
Declarant's right to establish other associations (e.g. townhouse associations)
and in connection therewith designate common areas solely for the benefit
of members of such associations. The annexation to NorthChase Association
of areas within such associations shall not entitle the members of NorthChase
Association to the use of Common Areas established for the benefit of members
of such other associations.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has
executed this instrument on this the /'� day of Tsatdua Ev 19E_'t'.
AMMONS-BOYKIN CORPORATION
........
By
President
V
a$5 f, Secretary
NORTH CAROLINA-WAKE COUNTY
This d o*-,�_
1986, personally cams be ore me,
a otary public, O La
being me duly au[nchat he Is President of AICIONS-BOYKIN CORPORATION
and that the seal affixed to the foregoing or annexed instrument in writing
is the corporate seal of said Corporation, and that said writing was signed
and sealed by lm In shall of old �Q�rp ion b 1 o authority duly given.
And the said kliDw%g ed a said writing to be the act
and deed of said Corporati
WITNESS my hand and official seal this day of
1986.
„dm.'fiommlasion ..Pi... 7- t;1.8G
_ j��,ornry�•. _
p tti'
;.
Not. &_licv `.
STATE OF NORTII CAROLINA
New Ilanortr Caunryy
The Portgain6 CerflDc. of
__ordlYbz Kinq__ ______
_A NOt�iy Public
Ii califieJ io
This fhe_LZ day or_,Im--_ 19 _86
_R4 -e P. Iuckn. Rerif tr of Deeds
\A Deputy ____

.0n'l ?L179.
1315 ; l iu
EXHIBIT 'A''
BEGINNING at an existing concrete monument in the eastern right of way
line of N. C. Highway 1132, said concrete monument being located South
26' 42' East 786.31 feet from N. C. Grid Monument "Doran-2"; runs thence
with the eastern right of way line of N. C. Highway 1132, the follgwing
courses and distances: South 12' 57' East 570.70 feet to an iron pipe;
South 13' 22' East 351.00 feet to a concrete monument; South 13' 45' 30"
East 386.10 feet to an iron pipe, and South 14" 42' East 1139.46 foet
to an old concrete monument in the eastern right of way of said road;
runs thence crossing said road South 79' 13' 30" West 200.70 feet to an
old iron pipe in the western right of way of N. C. Highway'1132; runs
thence South 79' 42' 325.08 feet to an old iron pipe in a ditch; runs
thence with said ditch South 79' 23' West 410.31 feet to an old iron pipe
in the intersection of said ditch with a canal ditch; runs thence up said
canal ditch North 41' S1' West 999.90 feet to a stake; runs thence continuin(
up said ditch North 41' 46' 45" West 1665.10 feet to an iron pipe clear
a bend in said ditch; runs thence South 59" 29' West 893.40 feet to an
auto jack on the southern edge of said canal; 'runs thence, with an old
marked line North 00' 01' East 2658.34 feet to an old dead 20-inch marked
corner pine tree; runs thence North 29' 03' 30" West 2591.00 feet to a'
"D.L.G." Stone; runs thence South 87' 00' East 400.54 feet to a "D.L.G."
Stone; rune thence North 42' O1' 15" East 1809.04 feet to a Stone No.
'N-1905"; runs thence North 39' 30' 45" East 586.87 feet to a "D.L.G."
Stone; runs thence South 67' O1' 30" East 1824.46 feet (passing over an
inline iron pipe at the western right of way of N. C. Highway. 1132 at
755.13 feet and over a second inline iron pipe at the eastern right of
way of said road at 1001.93 feet) to a "D.L.G." Stone; runs thence South
86' 06' 15" East 1302.03 feet to a "D.L.G." Stone; runs thence North 52'
21' 30" East 513.80 feet to a "D.L.G." Stone; runs thence South 16" 35'
15" East 4415.16 feet to a "D.L.G." Stone beside an 'H" Stone; runs thence
South 16" 51' East 63.00 feet to an old lightwood stake; runs thence South
460.55' East 387.10 feet to an iron pipe in the old run of Caney Branch;
runs thence down the old run of Caney Branch, now a canal ditch; South
36' 12' West 30 feet, more or less, to the center of said canal ditch;
runs thence along the centerline of said canal :ditch in a southwesterly
direction approximately 1650 feet to a point; runs thence South 75' 21'
00" West to a stake located 16 feet, more or less, west of the centerline
of said canal ditch, said line down the old run of Caney Branch and the
centerline of said canal ditch being evidenced by -a reference line described
as follows: Beginning at the terminus of the above -described call gunning
South 46" 55' East 387.10 feet to an iron pipe in the old run of Capey
Branch and runs as follows: South 36" 12' 00" West 188.94 feet to a stake;
South 18" 30' 30" West 583.45 feet to.a stake; South 04' 52' 00" Weft
910.45 feet to a stake, and South 75' 21' 00' West '40.32 feet to said
stake located 16 feet, more or less, west of t):e centerline of said canal
ditch: runs thence South 75' 21' West 731.39 feet to an iron pipe; Vuns
thence North 10. 44' West 1538.89 feet tC an old concrete monument: rune
thence South 77" 03' West 1436.42 feet to the Beginning, and containing
750.62 gross acres, which after deducting 36.50 acres contained in the
right of way of N. C. Highway 1132, leaves a net acreage of 714.12 acres
hereinabove described as shown on a survey by Thompson Surveying Co,,
P.A., dated June, 1979, entitled nMap of Survey for Show Development Corp.,
Cape Fear Township, New Hanover County, North Carolina.'

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