SW8040206_Historical File_20040830

O� W.A TP
Michael F. Easley, Governor
04 0
y William G. Ross, Jr., Secretary
r North Carolina Department of Environment and Natural Resources
ua)_
Alan W. Klimek, P.E. Director
Division of Water Quality
August 30, 2004
Ms. Dawn S. Cockman
518 Spencer Farlow Road
Carolina Beach, NC 28428
Subject: Stormwater Permit No. SW8 040206
Island Walk @Snows Cut
High Density Project
New Hanover County
Dear Ms. Cockman:
The Wilmington Regional Office received a complete Stormwater 'Management Permit
Application for Island Walk @Snows Cut on August 11, 2004. Staff review of the plans
and specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit
No. SW8 040206 dated August 30, 2004, for the construction of the subject project.
This permit shall be effective from the date of issuance until August 30, 2014, and shall
be subject to the conditions and limitations as specified therein. Please pay special
attention to the Operation and Maintenance requirements in this permit. Failure to
establish an adequate system for operation and maintenance of the stormwater
management system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within thirty (30)
days following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless
such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact Linda Lewis, or me at [phone].
Sincerely,
Rick Shiver
Regional Supervisor
Surface Water Protection Section
RSS{arl: S:\WQS\STORMWAT\PERMIT\040206.aug04
cc: Phil Tripp, P.E., Tripp Engineering
Division of Coastal Management
Town of Carolina Beach Building Inspections
Linda,Lewis
Wilmington Regional Office
Centrel Files
Nonn Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
Phone [phone] Customer Service 1-877-623-6748
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NonrthCaroiina

State Stormwater Management Systems
Permit No. SW8 040206
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE 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
Dawn S. Cockman, Owner
Island Walk @Snows Cut
518 Spencer Farlow Road, New Hanover County
FOR THE
construction, operation and. maintenance of an infiltration basin in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and
the approved stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until August 30, 2014, and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The stormwater
control has been designed to store and infiltrate the runoff from 2" of rain falling
over 26,268 square feet of impervious area.
3. The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per the approved plans.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
Page 2 of 7

State Stormwater Management Systems
Permit No. SW8 040206
6. The following design criteria have been provided in the infiltration basin and must
be maintained at design condition:
a.
Drainage Area, Acres:
1.25
Onsite, ft :
Offsite, ft2:
54,450
0
b.
Total impervious Surfaces, ft2:
26,268
C.
Design Storm, inches:
211
d.
Basin Depth, feet:
3.0
e.
Bottom Elevation, FMSL:
19.0
f.
Bottom Surface Area, ft2:
716
g.
Bypass Weir Elevation, FMSL:
22
h.
Permitted Storage Volume, ft3:
4,731
i. Type of Soil: Beach Sand
j. Expected Infiltration Rate, in/hr: 79
k. Seasonal High Water Table, FMSL: 17.0
I. Time to Draw Down, hours: 1
M. Receiving Stream/River Basin: Snows Cut / Cape Fear
n. Stream Index Number: CPF24 18-87-31.5
o. Classification of Water Body: "SC"
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The penli ttee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in
its entirety and maintenance must occur at the scheduled intervals including, but
not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and r evegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
g. A clear access path to the outlet structure must be available at all times.
Page 3 of 7

State Stormwater Management Systems
Permit No. SW8 040206
4. Records,of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
5. The project and the stormwater facilities shall be constructed as shown on the
approved plans. This permit shall become voidable unless the project and the
stormwater facilities are constructed in accordance with the conditions of this
permit, the approved plans and specifications, and other supporting data.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
7. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
8. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
9. 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, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project
area. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Major permit was sought.
f. Filling in altering, or piping of any vegetative conveyance shown on the
approved plan.
10. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
11. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
12. 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
specifiec'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 �� i� � writing to the Director
that the changes have been made.
Page 4 of 7

State Stormwater Management Systems
Permit No. SW8 040206
III. GENERAL EONDITIONS
1. This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event of a change of ownership, or a name
change, the permittee must submit a formal permit transfer request to the
Division of Water Quality, accompanied by a completed name/ownership change
form, documentation from the parties involved, and other supporting materials as
may be appropriate. The approval of this request will be -considered on its merits
and may or may not be approved. The permittee is responsible for compliance
with all permit conditions until such time as the Division approves the transfer
request.
2. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division. of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with
any and ;all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including; those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the pur ose of inspecting all components of the permitted
stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division any name, ownership or mailing address
changes,_within 30 days.
Permit issued this the 30th day of August, 2004.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT.COMMISSION
Alan W. Klimek, P.., Director `s
~► Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 7

State Stormwater Management Systems
Permit No. SW8 040206
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE 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
Dawn S. Cockman, Owner
Island Walk @Snows Cut
518 Spencer Farlow Road, New Hanover County
FOR THE
construction; operation and maintenance of an infiltration basin in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules'l and
the approved stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until August 30, 2014, and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The stormwater
control has been designed to store and infiltrate the runoff from 2" of rain falling
over 26,268 square feet of impervious area.
3. The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per the approved plans.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved" plans.
5. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
Page 2 of 7

State Stormwater Management Systems
Permit No. SW8 040206
6. The following design criteria have been provided in the infiltration basin and must
be maintained at design condition:
a.
DrainaArea, acres:
gnsite,
1.25
ft2:
54,450
Offsite, ft .
0
b.
Total Impervious Surfaces, ft2:
26,268
C.
Design Storm, inches:
2"
d.
Basin Depth, feet:
3.0
e.
Bottom Elevation, FMSL:
19.0
f.
Bottom Surface Area, ft2:
716
g.
Bypass Weir Elevation, FMSL:
22
h.
Permitted Storage Volume, ft3:
4,731
i.
Type of Soil:
Beach Sand
j.
Expected Infiltration Rate, in/hr:
79
k.
Seasonal High Water Table, FMSL:
17.0
I.
Time to Draw Down, hours:
1
M.
Receiving Stream/River Basin:
Snows Cut / Cape Fear
n.
Stream Index Number:
CPF24 18-87-31.5
o.
Classification of Water Body:
"SC"
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in
its entirety and maintenance must occur at the scheduled intervals including, but
not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowin.9 and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
g. A clear access path to the outlet structure must be available at all times.
Page 3of7

State Stormwater Management Systems
Permit No. SW8 040206
4. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
5. The project and the stormwater facilities shall be constructed as shown on the
approved plans. This permit shall become voidable unless the project and the
stormwater faciiities are constructed in accordance with the conditions of this
permit, the approved plans and specifications, and other supporting data.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
7. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
8. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
9. 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, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project
area. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
10. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
11. A copy of the approved plans and specifications shall be maintained on file by
the Perm,ittee for a minimum of ten years from the date of the completion of
constructfon.
12. 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;yin 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.
Page 4 of 7

State Stormwater Management Systems
Permit No. SW8 040206
III. GENERAL CONDITIONS
1. This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event of a change of ownership, or a name
change, the permittee must submit a formal permit transfer request to the
Division of Water Quality, accompanied by a completed name/ownership change
form, documentation from the parries involved, and other supporting materials as
may be appropriate. The approval of this request will be considered on its merits
and may or may not be approved. The permittee is responsible for compliance
with all permit conditions until such time as the Division approves the transfer
request. .
2. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division any name, ownership or mailing address
changes within 30 days.
Permit issued this the 30th day of August, 2004.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 7

INFILTRATION BASIN ANALYSIS
PROJECT NUMBER: 040206
PROJECT NAME: Island Walk
DRAINAGE BASIN: Cape Fear
RECEIVING STREAM: Snows Cut
Index No.: CPF24 18-87-31.5
SITE AREA 1.25 acres
IMPERVIOUS AREA CALCULATION
BUILDINGS
PARKING/ASPHALT
CONCRETE
OTHER
TOTAL
% IMPERVIOUS, I=
ELEVATION OF SEASONAL HIGH WATER TABLE
REPORTED INFILTRATION RATE
SURFACE AREAS AND ELEVATIONS
FILENAME: G:IDATAIWPDATAIWQSIINBASIN1040206.WK1
DATE: 06-Aug-04
REVIEWER: L. Lewis
CLASS: SC
If ORW, is site within the 575' AEC?
DRAINAGE AREA:r SF
Rational C
15960 0.95
10308 0.95
Place a 1 here if Rational v.
RV= .05+.009
FEET MSL
INCHES/HOUR
or 0.001829 FPS
Elev. (ft) Area, sq ft
Inc. Volume Acc. Volume
BOTTOM 19 716
-6802 -6802
0 -6802
TOP 22 2438
4731
VOLUME / DEPTH / DRAWDOWN CALCULATION
DESIGN STORM, INCHES
DESIGN VOLUME
' }Ar'd' CUBIC FEET
TOTAL VOLUME AVAILABLE
CUBIC FEET
DEPTH OF RUNOFF
--'`""¢"'`' v. 1:<FEET
TIME TO DRAWDOWN
HOURS MUST BE <120
25 YEAR 24 HOUR STORM N/A
Intensity, i = .33 inches / hour
Qr—CiA=
0.24 CFS
Op through the bottom of the basin=
1.31 CFS Must be > Qr
10 YEAR 10 MIN HIGH INTENSITY EVENT
Intensity, i = 6.3 inches! hour
Volume for 10 yr. 10 min. event =
2776.87 CF < 4731 CF
COMMENTS
Volume and drawdown are (not) within Design Requirements.

td��son2004054837
FOR REGISTRgTION REGISTER OF DEEDS
NEWHRNOVER L U!ANC
204 OCT 13 04:16:2, Ph
8K; 4527 P6:677-715 FEE:$125.00
INSI ENT 199054 37
After recording, return to: Attn: Henry W. Jones, Jr., P. O. Box 10669, Raleigh, N.C. 27605-0669
This instrument was prepared by: Jordan, Price, Wall, Gray, Jones & Carlton, PLLC
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF
ISLAND WALK AT SNOWS CUT
MAR 15 2011
Mailed� , C,K41 j5yj-,s I Cam
J t'h g

DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF
ISLAND WALK AT SNOWS CUT
TABLE OF CONTENTS
PAGE
RECITALS..........................................................................................................................................1
ARTICLEI. DEFINITIONS.............................................................................................................2
ARTICLE 11. PROPERTY SUBJECT TO THIS DECLARATION.................................................... 5
Section 1. Property Subject To Declaration.................................................................... 5
Section 2. Existing Property.......................................................................................... 5
Section3. Mergers..........................................................................................................5
ARTICLE III. ANNEXATION OF ADDITIONAL PROPERTIES......................................................5
Section 1. Annexation by Members............................................................................ 5
Section 2. Conveyance of Community Common Property.............................................6
Section 3. Reserved Declarant Rights...........................................................................6
Section 4. Town of Carolina Beach............................................................................. 7
ARTICLE IV. MEMBERSHIP...........................................................................................................7
ARTICLE V. VOTING RIGHTS: CLASSES OF VOTING MEMBERSHIP.....................................7
ARTICLE VI. PROPERTY RIGHTS IN THE COMMUNITY COMMON PROPERTY....................8
Section 1. Owners' Easements of Enjoyment...............................................................8
Section 2. Delegation of Use........................................................................................10
Section 3. Title to the Community Common Property..................................................10
Section4. Utility Lines..................................................................................................11
Section 5. Bodies of Water...........................................................................................11
ARTICLE VII. COVENANT FOR MAINTENANCE ASSESSMENTS...........................................12
Section 1. Creation of the Lien and Personal Obligation of Assessments ...................12
Section 2. Purpose of Assessments.............................................................................13
Section 3. Maximum Annual assessment..................................................................13
Section 4. Special Assessments for Capital improvements.........................................14
Section 5. Notice and Quorum for Any Action Authorized Under §§ 3 and 4 ..............14
Section 6. Uniform Rate of Assessment.......................................................................15

Section 7.
Procedure for Setting Annual and Special Assessments ............................15
Section 8.
Date of Commencement of Annual Assessments: Due Dates ...................16
Section 9.
Effect of Nonpayment of Assessments: Remedies of the Association .......16
Section 10.
Subordination of the lien to Mortgages and Ad Valorem Taxes ................16
Section11.
Exempt Property..........................................................................................17
Section 12.
Working Capital............................................................................................17
ARTICLE Vill. USE RESTRICTIONS............................................................:................................17
Section 1.
Rules and Regulations..................................................................................17
Section 2.
Use of Properties.........................................................................................18
Section 3.
Quiet Enjoyment ...................... ..18
..................................................................
Section4.
Animals........................................................................................................18
Section 5.
Obstructions, etc..........................................................................................18
Section6.
Section 7.
Signs............................................................................................................18
TV Antennas and Dishes.............................................................................19
Section8.
Section 9.
Parking.........................................................................................................19
Ponds, Water Bodies and Wetlands............................................................20
ARTICLEIX. EASEMENTS.........................................................................................................20
Section 1. Utility Easements.........................................................................................20
Section2. Adjoining Areas............................................................................................20
Section 3. Unintentional Encroachments......................................................................21
Section 4. Overhanging Roofs and Eaves ................................. ............................... 21
Section 5. Priority of Easements................................................................................... 21
ARTICLEX. INSURANCE .........................................................................................................22
Section 1. Insurance to be Maintained by the Association...........................................22
Section2. Premiums.....................................................................................................22
Section 3. Insurance Beneficiaries...............................................................................22
ARTICLE XI. ELECTRICAL SERVICE...................`...................................................................... 22
ARTICLE XII. ARCHITECTURAL CONTROL AND INSPECTION...............................................23
Section 1. General Provisions:......................................................................................23
Section 2. No Waiver of Future Approvals................................................................... 24
Section 3. Limitation of Liability.....................................................................................24
ARTICLE XI1I. EXTERIOR MAINTENANCE..................................................................................25
ARTICLEXIV. PARTY WALLS.....................................................................................................26
Section 1. General Rules of Law to Apply....................................................................26
Section 2. Sharing of Repair and Maintenance............................................................ 27
Section 3. Destruction by Fire or Other Casualty.........................................................27

Section 4. Easement and Right of Entry for Repair, Maintenance, and
Reconstruction......................................................................................... 27
Section 5. Weatherproofing.................................................................... ..................27
Section 6, Right to Contribution Runs vviith Land..........................................................27
Section 7. Certification by Adjoining Property Owner That No Contribution is Due..... 28
ARTICLE XV. GENERAL PROVISIONS....................................................................................28
Section1.
Enfor+cement.................................................................................................28
Section 2.
Severabillty of Provisions............................................................................. 28
Section 3.
Duration and Amendments.......................................................................... 28
Section 4.
Availability of Documents.............................................................................30
Section 5.
Rights of Eligible Mortgage Holders............................................................ 30
Section6.
Condemnation..............................................................................................31
Section7.
Titles
Section 8.
.............................................................................................................31
Number and Gender...................................................................................31
Section9.
No Exemption............................................................................................32
Section 10.
Conflict Between Declaration and Articles of Incorporation, Bylaws ..........32
Section 11.
Laws of North Carolina................................................................................
32
Section12.
Assignment..................................................................................................
32

I
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF
ISLAND WALK AT SNOWS CUT
THIS DECLARATION, made this 1st day of October, 2004 by PINNACLE
DEVELOPMENT CORPORATION, INC., a North Carolina Corporation, (hereinafter called
"Declarant"), with its principal office in Pinehurst, Moore County, North Carolina;
Mf1Th1EEIETFI:
WHEREAS, the Declarant wishes to develop certain property described hereinbelow and
to provide coordination and continuity among the various areas to be developed; and
WHEREAS, in order to provide a coordination and continuity among the various areas,
and the owners of Lots in Island Walk at Snows Cut, it is deemed appropriate to have an
association in which all owners of Lots in Island Walk at Snows Cut are members; and
WHEREAS, Declarant desires to have certain areas of Island Walk at Snows Cut owned
by this Association and benefit all owners within the Island Walk at Snows Cut; and
WHEREAS, the Declarant contemplates, subject to change, in whole or in part, the
development of a community consisting of six (6) buildings, each of which will include two (2) living
units and two garages, each, for a totai of 12 living units and 12 garages; and
WHEREAS, Declarant has deemed it desirable for the efficient preservation, protection
and enhancement of the values and amenities in Island Walk at Snows Cut, and to insure the
residents' enjoyment of the specific rights, privileges and easements in the Community Common
Property and facilities to create an organization to which will be delegated and assigned the
powers of owning, maintaining and administering the Community Common Properly, facilities, and
administering and enforcing the covenants and restrictions, and collecting and disbursing the
assessments and charges hereinafter created; and

WHEREAS, Declarant has incorporated or will incorporate under the laws of the State of
North Carolina, as a non-profit corporation, Island Walk at Snows Cut Homeowners Association,
Inc., for the purpose of exercising the functions aforesaid within the community known as Island
Walk at Snows Cut;
NOW THEREFORE, the Declarant declares that the real property described in Article II,
and such additions thereto, and annexation thereto, as may hereafter be made pursuant to Article
II hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants,
conditions, restrictions, easements, charges and liens (sometimes collectively referred to as
"covenants and restrictions") hereinafter set forth.
ARTICLE I
The following words when used in this Declaration or any Supplemental Declaration or
amendment hereto (unless the context shall prohibit) shall have the following meanings:
(a) "Act" means and refers to the North Carolina Planned Community Act
(Chapter 47F of the North Carolina General Statutes).
(b) "Association" shall mean and refer to Island Walk at Snows Cut
Homeowners Association, Inc., a North Carolina nonprofit corporation, its successors and
assigns.
(c) "Community Common Property" or "Common Area" or "Common Property"
shall mean and refer singularly or collectively, as applicable, to all real property and
improvements thereon or associated therewith, which Ware owned or leased by, or
located in an easement granted to or reserved by, the Association and which has/have
been designated by Declarant or the Association as "Community Common Property",
"Common Area", "Open Space", "Buffer Yard", or some other, similarly descriptive term, on
a recorded plat, in a Supplemental Declaration, or in a dead or other written instrument,
2

and also shall refer to all personal property owned or leased by the Association and
designated as Common Property by the Declarant or the Association. All Common Area
or Community Common Property shall be subject to the terms and conditions of this
Declaration and the ordinances of New Hanover County.
(d) "Declarant" shall mean and refer to Pinnacle Development Corporation,
Inc., a North Carolina corporation, its successors and assigns, to whom the rights of
Declarant hereunder are expressly transferred in whole or in part, and subject to such
conditions as Declarant may impose, if such successors or assigns should acquire more
than one undeveloped Lot location for the purpose of development, The development of a
Lot site shall mean and refer to the construction of a residence thereon.
(e) "Declaration" shall mean and refer to this Declaration of Covenants,
Conditions and Restrictions applicable to the Properties, and amendments thereto which
are recorded in the Office of the Register of Deeds, New Hanover County, North Carolina.
(f) "Development Rights" means any right or combination of rights reserved
by the Declaration (1) to add real estate to the Planned Community; (ii) to create lots, or
Community Common Property within the Planned Community; (ill) to subdivide
Homesites or convert Homesites into Community Common Property; or (lv) to withdraw
real estate from the Planned Community.
(g) "Lot" shall mean and refer to any numbered or lettered plot of land shown
on any plot including exact metes and bounds descriptions and recorded in the Office of
the Register of Deeds, New Hanover County, North Carolina, which is made subject to this
Declaration as it may be amended-
(h) "Member' shall mean and refer to an "Owner" subject to assessment as
provided in this Declaration.
3

(i) "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple tide to arty Lot, that is a part of the Properties, including
contract sellers, but excluding those having such interest merely as security for the
performance of an obligation.
0) "Planned Community' means real estate with respect to which any person,
by virtue of his/her ownership of a Lot, is expressly obligated by this Declaration to pay real
property taxes, insurance premiums, or other expenses to maintain, improve or benefit
other Lots or other real estate described in this Declaration. The term "Planned
Community" is used interchangeably with the term "Island Walk at Snows Cut" within this
Declaration.
(k) "Properties" shall mean and refer to that certain real property described in
Exhibit A, and any annexation thereto.
(1) "Special Declarant Rights" means rights reserved for the benefit of the
Declarant that may not be altered by the Members, including, but not limited to rights (1)
to complete improvements indicated on plats and plans filed with the Declaration; (ii) to
exercise any Development Right; (iii) to maintain sales offices, management offices,
signs advertising the Planned Community and models; (iv) to use easements through
the Common Area for the purpose of making improvements within the Planned
Community or within real estate which may be added to the Planned Community; or (v)
to appoint or remove any officers or executive board members of the Association during
the period of Declarant control, all of which Special Declarant Rights are more fully set
forth herein.
4

ARTICLE 11
PROPERTY SUSJE T TO THIS DECLARATION
Section 1. Property Made Subject To Declaration. The Properties described in Exhibit A
hereto and any annexation are hereby made subject to this Declaration and the Properties shall be
owned, held, leased, transferred, sold, mortgaged and/or conveyed by Declarant, the Association
and each Owner subject to this Declaration and the terms, covenants, conditions, restrictions,
easements, charges and liens set forth in this Declaration.
ctlon 2. Existing Property. The real property which hereby is, and shall be, held,
transferred, sold, conveyed, and occupied subject to this Declaration is located in New Hanover
County, North Carolina, and is more particularly described in Exhibit A hereto.
Section 3. Mergers. Upon a merger or consolidation of the Association with another
organization as provided by its By -Laws, its properties, rights and obligations may be transferred
to another surviving or consolidated homeowner's association or, alternatively, the properties,
rights and obligations of another homeowner's corporation may, by operation of law, be added to
the properties, rights and obligations of this Association as a surviving corporation pursuant to a
merger. The surviving or consolidated homeowner's association may administer the covenants
and restrictions established by this Declaration within the Properties, together with the covenants
and restrictions established upon any other properties as one scheme. No such merger or
consolidation, however, shall effect any revocation, change or addition to the covenants
established by this Declaration within the Properties except as hereinafter provided.
ARTICLE III
ANNEXATION OF ADDITIONAL PROPERTIES
coon 1. Annexation by Members: Additional lands may be added and annexed to the
Properties only if two-thirds (2/3) of the votes entitled to be cast in each class of Members are cast
5

in favor of annexation. A meeting shall be duly called for this purpose, written notice of which shall
be sent to all Members not less than ten (10) days in advance of the meeting.
For the purpose of such meeting, the presence of Members or authorizing proxies entitled
to cast seventy-five percent (75%) of the votes of each class of Member, 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 be one-half (1/2) of the required quorum of the
preceding meeting.
If a quorum is present and a majority of the votes are cast in favor of the annexation, but
the majority is less than the two-thirds (2/3) majority of each class required for approval of the
annexation, and it appears that the required two-thirds (2/3) of each 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 present or voting by proxy may assent to or dissent from the proposed annexation in
writing within one hundred twenty (120) days following the date of the meeting at which he is
entitled to vote 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
each class of all votes entitled to be cast, the annexation shall stand approved.
Section 2. Conveyance of Community Common Property. The Declarant will convey any
Community Common Property In annexed areas in the some manner and as provided in Article VI
Section 3, hereinbelow.
Section 3. Resgyved Declarant Rights. The Declarant reserves the following Development
Rights: (1) to add real estate to the Properties in accordance with this Article III; (!i) to create Lots;
C-J

(iii) to add Community Common Property; (iv) to modify or change Lot types; (v) to reallocate Lots
within the property; (vi) to withdraw undeveloped real estate from the Properties.
Section 4. Town of Carolina Beach. Additional lands may be added to the Properties
pursuant to the terms of this Declaration and subject to the ordinances of the Town of Carolina
Beach.
ARTICLE IV
MEMBERSHIP
Every person or entity that is a record owner of a fee or undivided interest in any Lot that
is subject to this Declaration to assessment by the Association, including contract sellers, shall be
a Member of the Association. The foregoing is not intended to include persons or entities that hold
an interest merely as security for the performance of an obligation. Membership shall be
appurtenant to and may not be separated from ownership of any Lot that is subject to assessment
by the Association. Ownership of such Lot shall be the sole qualification for membership.
ARTICLE V
VOTING RIGHTS: CLASSES € r V®TING MEMBERSHIP
The Association shall have two (2) classes of voting membership.
Class A. Class A Members shall be all those Owners of Lots with the exception of
the Declarant (as defined in this Declaration). Class A Members shall be entitled to one
vote for each Lot in which they hold the interest required for Membership by ARTICLE IV.
When more than one person holds such interest in any Lot, all such persons shall be
Members, and the vote for such Lot shall be exercised as the majority of such persons
among themselves determine; however, in no event may more than one vote be cast with
respect to any one Lot. Fractional voting shall be prohibited. At any meeting of the
Members, a representation by any of such persons that a majority of such persons have
7

agreed as to the vote for such Lot shall be conclusive unless another of such persons
contests such representation at such meeting prior to the casting of such vote.
Class B. The Class B Member(s) shall be the Declarant (as defined in the
Declaration). The Class B Member(s) shall be entitled to three (3) votes for each Lot
owned. The Class B membership shall cease and be converted to Class A membership
on the happening of either of the following events, whichever occurs earlier:
(a) When the total votes outstanding in Class A membership equals the
total votes outstanding in Class B membership; but provided that the Class B
membership shall be reinstated if thereafter, and before the time stated in Sub-
paragraph (b) below, such additional lands are annexed to the Properties without
the assent of Class A Members because of development of such additional lands
by the Declarant, as provided for in Article III herein; or
(b) Ten (10) years following the date of incorporation of the Association.
ARTICLE VI
PROPERTY RIGHTS IN T"E COMMUNITY COMMON EROPER'I'Y
Section 1. Owners' Easements of Enioyment. Every Member shall have a right and
easement of enjoyment in and to the Community Common Property, together with and including
the right of access, ingress and egress, Moth pedestrian and vehicular, on and over the drives,
walkways and parking areas of the Community Common Property, all of which shall be
appurtenant to and shall pass with the title to every Lot and subject to the following provisions:
(a) The right of the Association to charge reasonable admission and other fees for the
use of any recreational or other facility situated upon the Community Common Property;
(b) The right of the Association to suspend the voting rights and right to use the
recreational or other Community Common Property facilities by an Owner for any period
E.

during which any assessment against his/her Lot remains unpaid; and for a period not to
exceed sixty (60) days for any infraction of its published rules and regulations;
(c) The right of the Association to dedicate, sell or transfer all or any part of the
Community Common Property, 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 it has been approved by two-thirds (2/3) of each class
of Members and an instrument properly executed by the Association has been recorded.
On such instrument the Secretary of the Association shall certify that two-thirds (2/3) of
each class of Members have approved the dedication, sale or transfer and that certificate
shall be conclusive as to any grantee or its assigns; provided, however, conveyances for
general utility purposes as specified herein may be made without consent of the Members;
(d) The Association, acting through its Hoard of Directors, from time to time may
exchange with Declarant or any Member a portion of the Community Common Property for
real property owned by the Declarant or such Member, provided that the exchange is
approved by the vote of fifty-one percent (61 %) of each class of Members at a meeting of
the Members of the Association duly held in accordance with its Bylaws; the property
received by the Association shall be of approximately the same size as the portion of
Community Common Property exchanged; the property conveyed to the Association is
free and clear of all encumbrances except the Declaration and easements for greenway,
drainage, utility, and sewer; the requirement that the exchange must be approved by the
Planning Director of the Town of Carolina Beach, pursuant to the Town Code of Carolina
Beach. Provided, however, where the exchange is done to eliminate an encroachment of
a structure into the Community Common 'Property or to allow the necessary setback
between the structure and the property line, the notice and consent provisions hereinabove
shall not be required and only the approval of the Board of Directors of the Association
0

shall be necessary. The real property so acquired by the Association shall be a part of the
Community Common Property, The portion of the Community Common Property so
acquired by Declarant or a Member, shall cease to be Community Common Property and
shall be subject to those provisions of the Declaration that were applicable to the
properties conveyed to the Association by the Declarant or Member.
(e) The right of the Association, in accordance with its Articles of Incorporation and By -
Laws, to borrow money for the purpose of improving the Community Common Property
and facilities and in aid thereof to mortgage said properties, and the rights of such
mortgages in said properties shall be subordinate to the rights of the Members hereunder;
(f) The right of the individual Members to the use of parking spaces as may be
provided by the Board of Directors; and
(g) The right of the Association in accordance with its Articles of Incorporation or By -
Laws to impose rules and regulations for the use and enjoyment of the Community
Common Property and improvements thereon, which rules and regulations may further
restrict the use of the Community Common Property.
Section 2. Deieaation of Use. Except as specifically limited hereinbelow, any Owner may
delegate, in accordance with the By -Laws, his/her right of enjoyment to the Community Common
Property and facilities to the Members of his/her family, his/tier tenants, or contract purchasers
who reside on the property.
ction 3. Title to the Community Common Property. Declarant shall dedicate and
convey to the Association (by deed without warranty at Declarants option) fee simple title to all
real property portions of the Community Common Property to the Association, free and clear of all
encumbrances and liens other than the lien of current taxes and assessments not In default and
utility easements, other easements and encumbrances (not constituting a lien to secure the
payment of money) and mineral interests outstanding and of record in New Hanover County, North
10

Carolina, and the terms and conditions of this Declaration and any applicable supplemental
Declaration.
Section 4. Utility Lines. Each Owner, occupant, guest, and invitee acknowledges that
neither the Association, if any, nor the Declarant, nor a Builder shall in any way be considered
insurers or guarantors of health within the Properties, and neither the Association, if formed, nor
the Declarant, nor a Builder shall be held liable for any personal injury, illness or other loss or
damage caused by the presence or malfunction of utility lines adjacent to, near, over or on the
Properties. Each Owner, occupant, guest and invitee assumes all risk of personal injury, illness
or other loss or damage arising from the presence of utility lines and further acknowledges that
neither Declarant, nor the Association, if formed, nor a builder have made any representations
or warranties, nor has any Owner, occupant, guest or invitee relied upon any representations or
warranties, expressed or Implied, relative to the condition or impact of utility lines.
Section S. Bodies of Water. All bodies of water, including, without limitation, ponds,
lakes, storm water detention ponds, wetland, and streams within the Properties shall be
accepted by the Association in their original condition and shall serve the Association as
aesthetic amenities. Neither the Association nor the Declarant shall be responsible for any loss,
damage, or injury to any person or property arising out of the authorized or unauthorized use of
any such bodies of water. For this purpose, "wetlands" means any area labeled as wetlands on
a recorded plat for the Properties or otherwise designated as wetlands by the Declarant. No
Owner, except Declarant, and then the Association, shall have any right to pump or otherwise
remove water from, nor to place rocks, stones, trash, garbage, sewage, waste water, rubbish,
debris, ashes or other refuse in, any wetlands, ponds, storm water retention ponds and streams
within the Properties. Applicable governmental agencies and the Declarant, so long as the
Declarant owns any property subject to the Declaration or has the unexpired right to annex
additional property to the Declaration, and thereafter the Association, shall have the sole right to

control the water level of any body of water located within the Properties and to control the
growth and eradication of plants, fowls, reptiles, animals, fish and fungi in and around any
wetlands, ponds, storm water retention ponds and streams within the Properties.
ARTICLE Vll
COVENANT FOR MAINTENANCE ASSESSMCNTS
Section 1. Creation of the Lien and Personal Obllation of Assessment] The Declarant,
for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by
acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed
to covenant and agree to pay to the Association; (1) annual assessments or charges, and (2)
special assessments for extraordinary maintenance and capital improvements, and (3) to the
appropriate governmental taxing authority, a pro rata share of assessments against the
Community Common Property.. The annual and special assessments, together with interest, late
fees, and costs, and reasonable attorney's fees for -collection, shall be a charge on the land and
shall be a continuing lien upon the property against which each such assessment is made. Each
such assessment, together with interest, costs, late fees and reasonable attorneys fees, shall also
be the personal obligation of the person who was the Owner of such property at the time when the
assessment fell due. The personal obligation for the delinquent assessments shall not pass to
his/her successors in title unless expressly assumed by them.
The Association shall also have the authority, through the Board of Directors to establish,
fix and levy a special assessment on any Lot to secure the liability of the Owner thereof to the
Association arising from breach by such Owner of any of the provisions of this Declaration which
breach shall require the expenditure of time and money or both, by the Association for repair or
remedy.
Each Owner covenants for himself, his/her heirs, successors and assigns, to pay each
assessment levied by the Association on the parcel described in such conveyance to him within
12

ten (10) days after receipt of an Invoice for the same, and further covenants that if said charge
shall not be paid within thirty (30) days from the date that said invoice ' is deposited, postage
prepaid in the United States mail, in an envelope addressed to such Owner at the address of the
parcel or to such other address as said Owner shall have designated, the amount of such charge
shall become a lien upon said Owner's parcel and shall continue to be such lien until fully paid.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be
used exclusively to promote the recreation, health, safety, and welfare of the residents of the
Properties and in particular for the acquisition, improvement and maintenance of properties,
services and facilities, including the private streets, parking areas, and detention ponds, and for
the use and enjoyment of the Community Common Property, including but not limited to, the cost
of repairs, replacements and additions, the cost of labor, equipment, materials, management and
supervision, the payment of taxes and public assessments assessed against the Community
Common Property, the procurement and maintenance of insurance in accordance with this
Declaration, the By -Laws, the employment of counsel, accountants and other professionals for the
Association when necessary, and such other needs as may arise.
Section 3. Maximum Annual Assessment. Through and including December 31, 2004,
the maximum annual assessment shall be Two Thousand Four Hundred Dollars ($2,400.00) per
Lot .
(a) The maximum annual assessment for the calendar year beginning January 1,
2005, and for successive calendar years thereafter, shall be established by the Board and
may be increased by the Board without approval by the membership of the Association by
an amount per year not to exceed ten percent (10%) of the amount of the maximum
annual assessment of the immediately preceding calendar year.
(b) The maximum annual assessment for the calendar year- beginning January 1,
2005, and for each successive calendar year thereafter, may be increased without limit by
13

the affirmative vote of two-thirds (2/3) of the votes of each class of membership entitled to
be cast by the Members present or represented by proxy at a duly called meeting of the
Association at which a quorum is present. The provisions of this subsection shall not apply
to nor be -a limitation upon any change in the maximum annual assessment undertaken as
an incident to a merger or consolidation in which the Association Is authorized to
participate under this Declaration or its Articles or Bylaws.
(c) Subject to the provisions of this Article VII, the Board may fix the annual
assessment at any amount not in excess of the maximum annual assessment allowed for
the applicable calendar year.
Section 4. Special Assessments for Qgpital 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, the costs
of any construction, reconstruction, restoration, repair or replacement of a capital improvement
upon the Community Common Property, or any extraordinary maintenance of any property for
which the Association is responsible, provided that any such assessment shall have the assent of
sixty-seven percent (67%) of the votes of each class of Members who are voting in person or by
proxy at a meeting duly called for this purpose.
Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4 Written
notice of any meeting called for the propose of taking any action authorized under this Article shall
be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of
the meeting. At the first such meeting called, the presence of Members or of proxies entitled to
cast fifty percent.(50%) of all the votes of each class of membership shall constitute a quorum. If
the required quorum is not present, another meeting may be called subject to the same notice
requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the
14

required quorum at the preceding meeting. No such subsequent meeting shall be held more than
sixty (60) days following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special assessments must be
fixed at a uniform rate for all Lots and may be collected on a monthly basis; provided however, the
assessment established for each Lot owned by the Declarant shall be not more than twenty-five
percent (25%) of the assessments for a Class A. Lot. Notwithstanding any provision in this
Declaration, the Articles of Incorporation and Bylaws to the contrary, no Lot shall be subject to the
assessment until the first day of the month following the issuance of a certificate of occupancy for
such Lot by the Town of Carolina Beach.
Section 7. Procedure for Setting Annual and Special Assessments.,The Board of
Directors shall annually adopt a proposed budget and the annual assessment for each Lot for
the next year. Within 30 days after adoption of any proposed budget for the Association and
assessments for the Owners, the Board shall- provide a summary. of the budget and
assessments for the Owners, and shall set a date for a meeting of the Owners to consider
ratification of the budget and the assessments based thereon not less than 14 nor more than 30
days after mailing of the summary. There shall be no requirement that a quorum be present at
the meeting. The budget and the assessments based thereon are ratified unless at that
meeting a majority of all Owners in person or by proxy rejects the budget. In the event the
proposed budget is rejected. The periodic budget last in effect and the assessments based
thereon shall be continued until such time as the Owners ratify a subsequent budget proposed
by the Board of Directors. In the event that the Association proposes a special assessment, it
shall be set forth as a separate item in connection with the annual proposed budget and the
procedure for setting the special assessment shall be as set forth above, except that the special
assessment shall be ratified separately from the other portions of the budget.
15

Section 8. Date of Commencement of Annual Assessments: Due Dates.
(a) The annual assessments provided for herein shall commence as to all Lots
as provided in Section 6 above. Thereafter, annual assessments shall commence as to all
Lots on the first day of the month following the conveyance of the Lot from the Declarant to
another Owner.
(b) The first annual assessment shall be adjusted according to the number of
months remaining in the calendar year. The Board of Directors shall fix the amount of the
annual assessment against each Lot at least thirty (30) days in advance of each annual
assessment period. Written notice of the annual assessment shall be sent to every Owner
subject thereto. The due dates shall be established by the Board of Directors.
The Association shall, upon demand, and for a reasonable charge, furnish a
certificate signed by an officer of the Association setting forth whether the assessments on
a specified Lot have been paid. A properly executed certificate of the Association as to the
status of assessments on a Lot is binding upon, the corporation as of the date of issuance.
S2ct1on 9. Effect of Nonoavment of Assessments: Remedies of, the Association. Any
assessment not paid within thirty (30) days after the due date shall bear interest from the due date
at the highest rate then permitted by North Carolina law. The Association may bring an action at
law against the Owner personally obligated to pay the same, and/or foreclose the lien against the
property. No Owner may bring an action at law against the Owner personally obligated to pay the
same, or foreclose the lien against the property. No Owner may waive or otherwise escape
liability for the assessments provided for herein by non-use of the Community Common Property
or abandonment of his/her Lot.
Section 10. Subordination of the Lien to Mort a es and Ad Valorem Taxes. The lien of
the assessments provided for herein shall be subordinate to the lien of any first mortgage (or deed
r`L�

of trust) and ad valorem taxes. Sale or transfer of any.Lot shall not affect the assessment lien.
However, the sale or transfer of any Lot pursuant to such mortgage or tax foreclosure, or any
proceeding In lieu thereof, shall extinguish the lien of such assessments as to payments that
became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability
for any assessments thereafter becoming due or from the lien thereof.
Section 11. Exempt Property. All properties dedicated to, and accepted by, a local public
authority and all properties owned by a charitable or non-profit organization exempt from taxation
by the laws of the State of North Carolina shall be exempt from the assessments created herein.
However, no land or improvements devoted to dwelling use shall be exempt from said
assessments.
Secton 12. Working Capital. At the closing of the initial sale to an end -user buyer of each
Lot subject to assessments hereunder, a sum equal to two (2) months assessment shall be
collected and paid to the Association. Such payments shall not be considered advance payment
of regular assessments.
ARTICLE !fill
USE RESTRICTIONS
Section 1. Rules and Reouldgris. The Hoard of Directors of the Association shall have
the power to formulate, publish and enforce reasonable rules and regulations concerning the use
and enjoyment the Community Common Property. Such rules and regulations may provide for
imposition of fines or penalties for the violation thereof, or for the violation of any of the covenants
and conditions contained in this Declaration. The Board shall have the power to enforce
compliance with said rules and regulations by all appropriate legal and equitable remedies, and an
Owner determined by judicial action to have violated said rules and regulations shall be liable to
the Association and/or the Declarant for all damages and costs, Including attorney's fees. No rule
17

or action by the Association or Board shall unreasonably impede the Declaranfs right to develop
the Properties.
Section 2. Use of Properties. No portion of the Properties (except for the temporary
offices of the Declarant and other builders' and/or model units used by the Declarant and other
builders and construction materials, storage, equipment, signs and parking of Declarant and other
builders) shall be used, except for residential purposes and for purposes Incidental or accessory
thereto.
Section 3. Quiet Enjoyment. No obnoxious or offensive activity shall be carried on upon
the Properties, nor shall anything be done which may be, or may become, a nuisance or
annoyance to the neighborhood.
Section 4. Animals. No animals, livestock or poultry of any kind shall be kept or
maintained on any Lot except that dogs, cats or other household pets may be kept or maintained
provided that they are not kept or maintained for commercial purposes and are controlled in
accordance with applicable governmental ordinances.
Section 5. QbMctions. etc. 'there shall be no obstruction of the Common Area, nor shall
anything be kept, stored, altered, constructed or planted in or on the Common Area, or removed
therefrom, without the prior consent of Declarant or the Association. Provided, however, Declarant
and the Association shall have the right to install, place, repair, replace and maintain signs in the
Common Area and to install, maintain, repair and replace in the Common Area such materials,
equipment and other apparatus as may be necessary to enable the Association to carry out its
powers and duties under this Declaration.
Section 6. ins. No sign of any kind shall be displayed to the public view on any Lot
except for signs that are allowed by law and are approved by Declarant, and which are for one or
more of the following purposes: (1) advertising the Lot for sale or rent, (ii) advertising the building
contractor constructing improvements on the Lot during the initial construction and sales period,
18

(Ili) identifying the rental or sales office and/or model home of a building contractor who owns the
Lot, (iv) identifying the subdivision or phase name andfor identifying the Lot number of a Lot; and
(v) any other purpose approved by the Declarant (or by the Architectural Control Committee after
the Class B membership terminates); provided however, the foregoing limitations shall not act to
restrict or prohibit Declarant or the Association or any applicable governmental entity from
erecting, maintaining, repairing and replacing (and Declarant hereby reserves for itself, the
Association and such governmental entities the right to erect, maintain, repair and replace) on a
Lot or on the Common Area, landscaped rights -of -way, roadway medians and in any easements
reserved or granted for such purposes, signs and billboards advertising the Properties or portions
of the Properties, or signs identifying various subdivisions or phases of the project, or regulatory,
street and directional signs. Notwithstanding the foregoing, all signs erected and maintained on
any Lot must conform to all applicable governmental requirements.
Section 7. TV Antennas and Dishes. No satellite dishes of greater than one (1) meter in
diameter shall be installed or permitted to remain on any of the Properties without the prior written
approval of the Declarant, Board of Directors or Architectural Committee as provided in Article Xil
herein.
Section 8. Parkin. No owner or his family, lessee or sublessee or guest of an Owner
shall park or store any commercial vehicle, boat, trailer, camper or camper top, recreational
vehicle, or any other similar object on any private street within or adjoining the Properties, or on
any Lot. Notwithstanding the foregoing, guests and invitees of any Owner or lessee may park a
private passenger vehicle on the driveway or other portion of the Properties paved for parking of
the vehicles for a period not to exceed seven (7) days. Furthermore, nothing herein shall be
deemed to prohibit temporary parking of vehicles involved in deliveries to a Lot.
The Board of Directors shall have the right and authority to make, amend,
implement and enforce such additional parking rules and regulations as it deem necessary or
19

appropriate, and shall have the right and authority to enforce same, including, but not limited to,
the right to levy fines for violations thereof. Furthermore, the Association shall have the right
and authority to have towed any vehicle parked or maintained in violation of these or
subsequently- adopted parking rules and regulations, the cost of which towing and storage shall
be the responsibility of the Owner of the Lot to which such vehicle is registered.
action 9. Ponds, Water Bodies and Wetlands. All ponds, lakes, and streams within the
properties, if any, shall be aesthetic amenities only; and no other use thereof, including, without
limitation, swimming, motorized boating, playing, or use of personal flotation devices, shall be
permitted. Other than those installed by the Declarant, no piers, docks or gazebos shall be
constructed on any portion of lakes, streams, ponds, nor attached to the shoreline or banks
thereof. The Association shall not be responsible for any loss, damage, or injury to any person
or property arising out of the authorized or unauthorized use of ponds, lakes, or streams within
the properties.
ARTICLE IX
Section 1. Utilily Easements. All of the Properties shall be subject -to such easements for
driveways, walkways, parking areas, water lines, sanitary sewers, storm drainage facilities, gas
lines, telephone and electric power line and other public utilities as shall be established by the
Declarant or by its predecessors in title, prior to subjecting the Properties to this Declaration; and
the Association shall have the power and authority.to grant and establish upon, over, under and
across the Community Common Property conveyed to it, such further easements as are requisite
for the convenient use and enjoyment of the Properties without approval of the membership as
provided in the Articles of Incorporation.
Section 2. Adioinina Areas. Each Owner is hereby declared to have an easement and the
same is hereby granted by the Declarant over all adjoining parcels for the purpose of
20

accommodating any encroachment due to engineering errors, errors in, original construction,
settlement or shifting of a building, or any other cause. There shall be valid easements for the
maintenance of said encroachment, settlement or shifting; provided, however, that in no event
shall a valid easement for encroachment be created in favor of an Owner if said encroachment
occurred due to the willful misconduct of said Owner.
Section 3. Unintentional EncroachMQnts. In the event that any Lot shall encroach upon
any Community Common Property or upon any other Lot for any reason not caused by the
purposeful or negligent act of the Owner, then an easement appurtenant to such Lot shall exist for
the continuance and maintenance of such encroachment upon the Community Common Property
or other Lot for so long as such encroachment shall naturally exist; and, in the event that any
portion of the Community Common Property shall encroach upon any Lot, then an easement shall
exist for the continuance and maintenance of such encroachment of the Community Common
Property onto any such Lot for so long as such encroachment shall naturally exist.
'on 4. Overhanging Roofs and Eaves. Each Lot within the Properties and the Owner
thereof, is hereby declared to have an easement and the same is hereby granted by the
Declarant, over each joining Lot and/or Community Common Property, as the case may be, for
overhanging roofs and eaves and the maintenance thereof.
Section 5. Priority of Ealgments. Each of the easements hereinabove referred to shall be
deemed to be established upon the recordation of this Declaration and shall henceforth be
deemed to be covenants running with the land for the use and benefit of the Lots, and the
Community Common Property, as the case may be, superior to all other encumbrances which
may hereafter be applied against or in favor of the Properties or any portion thereof.
21

ARTICLE X
INSURANCE
Section 1. Insurance to De Maintained by the Assoclation. The following insurance
coverage shall be maintained in full force and effect by the Association:
(a) Property damage insurance at one hundred percent (100%) of the current
replacement cost of the Community Common Property, excluding those areas that
are normally excluded from coverage such as land, earthen dams, foundation,
excavation, etc. The property damage policy must protect against loss or damage
by fire and all other hazards that are normally covered by the standard extended
coverage endorsement, and all other perils customarily covered for similar types of
projects, including those covered by the standard "all-risk" endorsement.
(b) Public liability insurance covering ail Community Common Property and any other
areas that are under the Association's control and supervision in an amount of at
least $1,000,000.00 for bodily injury and property damage for any single
occurrence. All liability insurance shall contain cross liability endorsements to
cover liability of the owners as a group to an individual owner.
Section 2. Premiums. Premiums for insurance policies purchased by the Association shall
be paid by the Association and charged to Owners as an assessment according to the applicable
provisions of this Declaration.
Section 3. Insurance Beneficiaries. All such Insurance policies shall be purchased by the
Association for the benefit of the Association and the Owners.
ARTICLE XI
ELECTRIQAL SERVICE
Declarant reserves the right to subject the Properties to a contract for the installation of
underground electric cables andfor the installation of street lighting, either or both of which may
22

require an initial payment and/or a continuing monthly payment by the Owner of each Lot within
the Properties.
ARTICLE XII
ARCHITECTURAL CQNTROL AND INSPECTION
Section 1. General Provisions. No erection, or installation of any improvements, including,
but not limited to, residences, buildings, outbuildings, fences, walls and other structures, shall be
undertaken upon the Properties, unless plans and specifications therefore, showing the nature,
kind, shape, height, materials, and location of the proposed improvements shall have been
submitted to Declarant and expressly approved in writing by it.
This Article shall not apply to the activities of the Declarant, or to the improvements to the
Common Property by or on behalf of the Association. This Article may not be amended without
the Declarant's written consent so long as the Declarant owns any land subject to this Declaration
or subject to annexation to this Declaration.
No subsequent alteration or modification of improvements may be undertaken on any of
the Properties which shall not be subject to the foregoing requirement, without prior review and
express written approval by the Declarant, or the Board of Directors of the Association (after such
approval rights have been assigned to the Association; the Declarant reserves the right to assign
all or any portion of its approval rights to the Association at any time), or by an "Architectural
Committee" composed of three (3) or more representatives appointed by the Board.
Refusal or approval of plans, location, exterior color or finish, or specifications may be
based by Declarant, Board of Directors or Architecture[ Committee, as the case may be, upon any
ground, Including purely aesthetic considerations, which in the sole and uncontrolled discretion of
the Declarant, Board of Directors or Architectural Committee, as the case may be, shall seem
sufficient.
23

In the event that the Declarant, or the Board of Directors or Architectural Committee, as the
case may be, fails to approve or disapprove the site or design of any proposed improvements
within thirty (30) days after plans and specifications therefore have been submitted and received,
approval of the submitted items will be deemed granted, and the requirements of this Article will be
deemed to have been fully met; provided, however, that the plans and specifications required to
be submitted shall not be deemed to have been received by the Declarant, Association, or
Architectural Committee, as the case may be, if they contain inaccurate or erroneous information
or fail to present adequate information upon which the Declarant or the Board of Directors or
Architectural Committee, as the case may be, can arrive at a decision.
The Declarant shall have the right, at its election, but shall not be required to, enter upon
any of the Properties during site preparation or construction, erection or installation of
improvements to inspect the work being undertaken, and to determine that such work is being
performed in conformity with the approved playas and specifications and in a good and
workmanlike manner, utilizing approved methods and good quality materials.
Section 2. No Waiver of Future Approvals. Approval of proposals, plans and
specifications, or drawings for any work done or proposed, or in connection with any other matter
requiring approval, shall not be deemed to constitute a waiver of the right to withhold approval as
to any similar proposals, plans and specifications, drawings, or other matters subsequently or
additionally submitted for approval.
Section 3. Limitation of Liability. Plans and specifications are not approved for
engineering or structural design or quality of materials, and by approving such plans and
specifications neither the Declarant, the Architectural Committee, the members thereof, nor the
Association assumes liability or responsibility therefore, nor for any defect in any structure
constructed from such plans and specifications. Neither . Declarant, the Association, the
Architectural Committee, the Board, nor the officers, directors, members, employees, and agents
24

of any of them shall be liable in damages to anyone submitting plans and specifications to any of
them for approval, or to any Owner of property affected by these restrictions by reason of mistake
in judgment, negligence, or nonfeasance arising out of or in connection with the approval or
disapproval or failure to approve or disapprove any such plans or specifications. Every person
who submits plans or specifications and every Owner agrees that such person or Owner will not
bring any action or suit against Declarant, the Association, the Architectural Committee, the Board,
or the officers, directors, members, employees, and agents of any of them to recover any
damages and hereby releases, remises, quitclaims, and covenants not to sue for all Claims,
demands, and causes of action arising out of or in connection with any judgment, negligence, or
nonfeasance and hereby waives the provisions of any law which provides that a general release
does not extend to claims, demands, and causes of action not known at the time the release is
given.
ARTICLE XIII
EXTERIOR MAINTENANCE
In addition to maintenance of the Common Area, the Association shall provide exterior
maintenance upon each Lot which is subject to assessment hereunder, as follows: paint, repair,
replace and care for roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass,
walks, mailboxes, fences installed by Declarant or the Association, exterior post lights (excluding
electricity therefor), and other exterior improvements. Such exterior maintenance shall not include
glass surfaces, screens, awnings, and if permitted, approved additions to dwellings made after
completion of the initial dwelling (unless maintaining of such addition is affirmatively assumed by
the Association) or the repair or reconstruction of any improvements on any Lot, the cost of which
repair or reconstruction would be covered by casualty insurance, whether or not a policy of
casualty insurance is in effect. Further, the owner of any Lot may at his election plant trees,
shrubs, flowers and grass in his rear yard and may also maintain portions or all of his rear yard
25

provided that such maintenance by the owner does not minder the Association in performing its
maintenance of the exterior of the house and the remaining yard spaces. No such maintenance
by a Lot owner shall reduce the assessment payable by him to the Association. If, in the opinion
of the Association any such owner fails to maintain his rear yard in a neat and orderly manner, the
Association may revoke the owner's maintenance rights for a period not to exceed one year. The
Owner shall not plant any vegetation in the front yard except with the prior written approval of the
Association.
(As a matter of information to future members of this Association, the developers wish to
make it known that it is a part of the original plan of development to construct a variety of dwellings
with a variety of exteriors for the good of the entire subdivision. Some dwellings will require far
more maintenance than others because of the types of exterior exposures. Nevertheless, in order
to avoid monotony and in order to achieve a harmony of design and textures, all of those
connected with the conception, design, construction and financing of this subdivision as originally
planned, are in accord in their belief that all members of the Association will be benefited by the
variety of exteriors and, therefore, the Association should provide exterior maintenance and make
a uniform rate of charge without regard to the actual cost of maintenance of each dwelling_)
In the event that the need for maintenance or repair is caused through the willful or
negligent act of the Owner, his family, or guests, or invitees, the cost of such shall be added to and
become a part of the assessment to which such Lot is subject.
ARTICLE XIV
PARTY WALLS
Section f . Gengral Rules of Law to Aaaly. Each wall which is built as a part of the original
construction upon the Properties and placed on the dividing line between the Lots and all
reconstruction or extensions of such walls shall constitute party walls, and, to the extent not
inconsistent with the provisions of this Article, the general rules of law regarding party walls, lateral
26

support in below -ground construction and of liability for property damage due to negligence or
willful acts or omissions shall apply thereto.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and
maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion
to such use.
Section 3. Destruction By Fire or Other Casualty. If a party wall is destroyed or damaged
by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners
thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion
to such use without prejudice, however, to the right of any such Owners to call for a larger
contribution from the others under any rule of law regarding liability for negligent or willful acts or
omissions.
Section 4. Easement and Right of Entry for Repair Maintenance and Reconstruction.
The owner of any Lot may construct, reconstruct, repair, or extend a party wall in any direction
(subject to and within the limitations of architectural control and other limitations of these
Covenants) with the right to go upon the adjoining Lot to the extent reasonably necessary to
perform such construction. Such construction shall be done expeditiously. Upon completion of
such construction, such owner shall restore the adjoining Lot to as near the same condition which
prevailed on it before the commencement of such construction as is reasonably practicable.
Section 5. Weatherproofing. Notwithstanding any other provision of this Article, an Owner
who by his negligent or willful act causes the party wall to be exposed to the elements shall bear
the whole cost of furnishing the necessary protection against such elements.
Section 6. Right to Contribution Runs with Land. The right of any Owner to contribution
from any other Owner under this Article shall be appurtenant to the land and shall pass to such
Owner's successors in title.
-27

Section 7. Certification by Admoinina Property Owner That No Contribution is Due. If any
Owner desires to sell his property, he may, in order to assure a prospective purchaser that no
adjoining property owner has a right of contribution as provided in this Article XIV, request of the
adjoining property approval will not be required and this Article will be deemed to have been fully
complied with.
ARTICLE XV
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, 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
Association or by any Owner to enforce any covenant or restriction hereby contained shall in no
event be deemed a waiver of the right to do so thereafter.
Section 2. Sgverability of Provisions. If any paragraph, section, sentence, clause or
phrase of this Declaration shall be or become illegal, null or void for any reason or shall be held by
any court of competent jurisdiction to be illegal, null or void, the remaining paragraphs, sections,
sentences, clauses and phrases of this Declaration shall continue in full force and effect and shall
not be affected thereby. It is hereby declared that said remaining paragraphs, sections, sentences,
clauses and phrases would have been and are imposed irrespective of the fact that any one or
more other paragraphs, sections, sentences, clauses or phrases shall become or be illegal, null or
void.
Section 3. Duration and Amendments.
(a) The covenants 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, the
Declarant or the Owner of any Lot subject to this Declaration, their respective legal
representatives, heirs, successors and assigns, for a term of thirty (30) years from the date
28

this Declaration is recorded, after which time said covenants shall be automatically
extended for successive periods of ten (10) years unless the Association approves a
change in the covenants and restrictions. The covenants and restrictions of this
Declaration may be amended at any time if seventy-five percent (75%) of the vote of each
class of Members at a duly called meeting of the Association at which a quorum is present
approves the change; provided that prior to the sale of the first Lot, this Declaration may be
amended by the Declarant without consent of the Members.
Any amendment must be recorded In the Office of the Register of Deeds of New
Hanover County, North Carolina.
(b) The Declarant, so long as it shall retain control of the Association, shall
have the right to amend this Declaration to conform to the requirements of any law or
governmental agency having legal jurisdiction over the Properties or to qualify the
Properties or any Lots and improvements thereon for mortgage or improvement loans
made, insured or guaranteed by a government agency or to comply with the requirements
of law or regulations of any corporation or agency belonging to, sponsored by, or under the
substantial control of, the United States Government or the State of North Carolina,
regarding purchase or sale in such Lots and improvements, or mortgage interests therein,
as well as any other law or regulation relating to the control of the Properties, 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, U.S.
Department of Housing and Urban Development, the Federal Home Loan Mortgage
Corporation, Government National Mortgage Corporation, or the Federal National
Mortgage Association, requesting or suggesting an amendment necessary to comply with
the requirements of such corporation or agency shall be sufficient evidence of the approval
29

of such corporation or agency, provided that the changes made substantially conform to
such request or suggestion.
(c) No amendment which would change or delete any provision herein required
by any govemmental authority shall become effective until submitted to and approved by
that authority; provided, however, if that authority fails to approve or disapprove such
amendment within thirty (30) days after the same has been submitted to it, such approval
shall not be required and this covenant shall be deemed to have been fully complied with.
(d) As long as there is a Class B membership, and if Declarant determines to
qualify the Properties for Federal Housing Administration or Veterans Administration
approval the following actions will require the prior written approval of the Federal Housing
Administration or the Veterans Administration: Annexation of additional property,
dedication of Community Common Property, and amendment of this Declaration.
Section 4. Avai aWilly of Documents. The Association will have current copies of the
Declaration, By -Laws, and other rules concerning Island Walk at Snows Cut Homeowners
Association as well as the Association's own books, records and financial statements available for
inspection during normal business hours by owners and by holders, insurers and guarantors of
first mortgages that are secured by Lots in Island Walk at Snows Cut.
Section 5. Rights of Elidble Mortgage Holders. Eligible Mortgage Holders are those
holders of a first mortgage or deed of trust on a Lot ("Eligible Mortgages") who have requested the
Association to notify them of any proposed action that requires the consent of a specified
percentage of Eligible Mortgage Holders. Amendments of a material nature to this Declaration or
the By -Laws of the Association require the approval of Eligible Mortgage Holders representing at
least fifty-one percent (51 %) of the holders of Eligible Mortgages. Any action to temtinate this
Declaration or the legal status of the Association for reasons other than substantial destruction or
30

condemnation of the Properties, shall require the approval of Eligible Mortgage Holders
representing at least sixty-seven percent (67%) of the holders of Eligible Mortgages.
The holder, insurer, or guarantor of a mortgage or deed of trust on any Lot in Island Walk
at Snows Cut is entitled to timely written notice of:
(a) Any condemnation or casualty loss that affects a material portion of Island Walk at
Snows Cut;
(b) A lapse, cancellation or material modification of an insurance policy or fidelity bond
maintained by the Association; and
(c) Any proposed action that requires the consent of a specified percentage of Eligible
Mortgage Holders. To obtain this information, the mortgage holder, insurer, or
guarantor should send a written request to the Association, stating both its name
and address and the unit number or address of the unit covered by its mortgage or
deed of trust.
Section 6. Condemnation. If any part of the Community Common Property shall be taken
(or conveyed in lieu of or under threat of condemnation) by any authority having the power of
condemnation or eminent domain, each Owner shall be entitled to written notice of such taking or
conveyance prior to disbursement of any condemnation award or proceeds from such
conveyance. Such award or proceed shall be payable to the Association for the benefit of the
Owners.
Section 7. Titles. The titles, headings and captions that have been used throughout this
Declaration are for convenience only and are not to be used in construing this Declaration or any
part thereof.
Section 8. Number and Gender. Whenever the context of this Declaration requires, the
singular shall include the plural and one gender shall include all.
31

Section. No Exemption. No Owner or other party may exempt himself from the
coverage hereof or obligations imposed hereby by non-use or abandonment of such Owner's Lots
or the Common Area.
Section 10. Conflict Between Declaration and Articles of Incorporation. Bylaws
Whenever there exists a conflict between the provisions of this Declaration and the Articles of
Incorporation or Bylaws of the Association, the provisions of this Declaration shall control, and
whenever there is a conflict between the provisions of the Articles of Incorporation and Bylaws, the
provisions of the Articles of Incorporation shall control. In the event of a conflict between the Act
and this Declaration, the Act shall control.
Section 11. Laws of North Carolina. This Declaration shall be subject to and construed in
accordance with the laws of the State of North Carolina and all applicable laws and regulations of
the United States. of America.
Section 12. Assionment. Declarant specifically reserves the right, in its sole discretion, at
any time and from time to time, to assign (temporarily or permanently) any or all of its rights,
privileges and powers under this Declaration or under any Supplemental Declaration.
* * * * * * * * * * * * * * * * * * * *
THE REST OF THIS PAGE LEFT BLANK INTENTIONALLY.
* * * * * * * * * * * * * * * * * * * *
32

IN WITNESS WHEREOF, the undersigned, being the Declarant, has caused this
instrument to be executed the day and year first above written.
oL1%tENr
1'QR
. S ,
OF
Grant, Its Secretary
STATE OF NORTH CAROLINA
PINNACLE DEVELOPMENT CORPORATION, INC.
O. Goneek-lfs President
I
LQ
�Nrnwa�����N�•
ACKNOWLEDGMENT
COUNTY OF MOORE
i,i6"A, a Notary Public of the County and State
aforesaid, certify that JASON D. GRANT personally came before me this day and acknowledged that
he is Secretary of PINNACLE DEVELOPMENT CORPORATION, INC., 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 himself, the said JASON
D. GRANT, as its Secretary/Assistant Secretary.
Witness my hand and official stamp or seal, this 1* day of (0,QA' _, 2004.
I I IL4 NK
Nor PLIBUC
33

EXHIBIT
BEGINNING at the southwest comer of Tract D of the Division of the D.E. Lewis property, as
shown on the map thereof recorded in Map Book 6 at Page 34 in the Office of the Register of
Deeds of New Hanover County, and running thence North 14 degrees 30 minutes East along the
western line of Tract D 174 feet to the southern line of the Intra-Coastal Waterway right of way;
thence North 76 degrees 06 minutes East along said southern line of said right of way 226 feet to
an iron pipe; thence South 9 degrees 50 minutes East 243.73 feet to an iron pipe in the northern
edge of Spencer-Farlow Drive; thence westwardly- along the northern edge of Spencer-Farlow
Drive to the point of Beginning. The same being a part of Tract D of the D.E. Lewis property,
according to the map thereof recorded in Map Book 6, Page 34, in the Office of the Register of
Deeds of New Hanover County.

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration:
Book:
Document No.:
Recorder:
WILMINGTON, -NC 28401
10/13/2004 04:16:23 PM
RE 4527 Page: 677-715
2004054837
DECL 39 PGS $125.00
ANDREA FULFORD
•++�++�+e+e+r+r#�wa�r�re�,wwwiar4r++eoa�*o�rrrffr+e�iar,►�M�+rrtar�r�rir�r�+*++++rkr�ra�+�,r
State of North Carolina, County of New Hanover
The foregoing certificate of HOPE H MANESS Notary Is certified to be correct. This 13TH of October 2004
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2004054837*
2004054837

TRIPP ENGINEERING, P.C.
41 419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] - FAX: [phone]
August 10, 2004
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Island Walk at Snows Cut
Project No. SW8 040206
TE 03093
Dear Linda:
In response to your correspondence dated August 6, 2004, we offer the following:
1. Typical building dimensions are provided on sheet C 1. Additional
dimensions are provided for the parking areas on the site plan.
2. Infiltration basin dimensions arc provided.
3. Noted.
Please review for approval and contact us with any questions, comments or if you
need additional information. Thank you.
Sincerely,
Tripp Engineering, P.C.
Michael Hoffer
VMH:dcb
Enc. RECEIVED
AU 11 Z004
BY:

* * * COMMUNICATION RESULT REPORT ( AUG. 6.2004 12:09PM )
P. 1
FILE MODE OPTION
964 MEMORY T
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
ADDRESS (GROUP)
97635631
TTI NCDENR WIRO
PAGE
KF� P. 1/1
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
NCDE�HR
North Carolina Department of Environment and Natural Resources
E.
Division of Water Quality
Michael F. Easley, Govemor William G. Ross, Jr,, Secretary
FAX COVER SHEET Alan W, laimek, P,R„ Director
Date:: August 6, 2004
Tla: ! Charlie Gamier
Company: Tripp Engineering
FAX 9: 763-5631
No. of Pages: 1
From: Linda Lewis
Water Quality Section - Stormwater
FAX # 910,350-2004
Phone [phone]
DWQ Stormwater Project Number: SW8 040206
Proje;t Name: Island Walk at Snows Cut
MESSAGE:
Charlie:
The Division received previously requested information regarding the storrnwater
►1anagement permit application for the subject project, The application is still incomplete.
Please provide the following information prior to September 6, 2004. to continue the review:
1. Dimensions for a typical building and parking have not been added to either

r
NCDENR.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
FAX COVER SHEET Alan W. Klimek, P.E., Director
Date: August 6, 2004
To: Charlie Cazier
Company: Tripp Engineering
FAX #: [phone]
No. of Pages: 1
From: Linda Lewis
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number: SW8 040206
Project Name: Island Walk at Snows Cut
MESSAGE:
Charlie:
The Division received previously requested information regarding the stormwater
management permit application for the subject project. The application is still incomplete.
Please provide the following information prior to September 6, 2004, to continue the review:
1. Dimensions for a typical building and parking have not been added to either
sheet 1 or sheet 3.
2. Dimensions for the infiltration basin have not been added to either sheet 1 or
sheet 3.
3. 1 verified the seasonal high water table elevation with Vincent and he is OK with
using elevation 17. In the future, please make sure the soils report can support
the estimation of the SHWT. This puts the liability on the developer and not on
Vincent. General comments like "greater than 6 feet" should not be used. If you
put down that it's around elevation 17, please make sure the information in the
soils report can back it up.
RSS\arl: S:IWQSiSTORMWAT\ADDINFO\2004\040206.aug04
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] / FAX [phone] / Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
NaAalli4
Nne
orthCarohna

TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
May 28, 2004
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Island Walk at Snows Cut
Project No. SW8 040206
TE 03093
Dear Linda:
v`t
BY:
In response to your correspondence dated April 14, 2004, we offer the following:
,% 1. We have added a note "no wetlands exist on site" to the plan.
. 2. Dimensions have been provided for a typical proposed unit and parking area.
3. The proposed infiltration basin has been dimensioned.
V 4. Proposed finished floors have been provided.
i/ 5. Proposed spot elevations have been provided throughout and proposed
contours at the basin and outlet swale.
6. We are requesting that with a high infiltration rate (79 inches per hour) and
twice the required design volume, the bypass requirement be waived.
v' 7. With the request of no bypass system, the vegetated filter requirement will
also be waived. Instead of pipe, we have provided a 5" 1 swale for
conveyance of overflow.
8. The basin has been labeled as an infiltration basin.
' 9. Individual infiltration trenches have been removed from the plan. All roof
drains have been specified to be routed to the proposed infiltration basin.

,/10. Please review this comment with Vincent Lewis. The soil report did state
they investigated to 8 ft (see highlighted report). No water was encountered.
During our site visit with Vincent, he agreed the depths proposed would be
acceptable (plan was complete and on site during visit). In addition, Vincent
stated to the two newer employees of your office experiencing the site visit,
that this was "a perfect example of beach sand." I understand the vague
statement of "greater than six feet" does not mean 6.5' or better, but I do feel
your confirmation with Vincent, who has tested the soils will clarify the
proposed.design is acceptable.
Please review for approval and contact us with any questions, comments or if
you need additional information. Thank you.
Sincerely,
Tripp Engineering, P.C.
Charles D. Cazier, E.I.
CDC:dcb
Enc.

5/26/2004 Island Walk Stormwater 03093
MBH Infiltration Basin
10-year Storm
WATERSHED DATA
Total Draina a Area
s . ft.
acres
54,450
1.25
Impervious Area
Land Use
s . ft.
acres
buildings
15,960
0.37
asphalt
10,308
0.24
Total
26,268
0.60
INFILTRATION SYSTEM:
Rv= 0.49 in/in
Design Rainfall= 2
% impervious = 0.482
= 48.2%
say 49.0%
CPRE = 0.25
CPOST = (% imp.)(.95)+(1-% imp.)(.25)
0.59
12 = 5.06 in/hr
110 = 6.30 in/hr
125 = 7.13 in/hr
Volume of first two inches of runoff = (Design rainfall) (Rv) (Drainage Area)
V= 4,456 cu-ft
Total Volume provided: (L*W*D*) Area (so Elevation(ft)
Vt = 4,731 cu-ft Bottom: 716 19.0
Flood., 2,438 22.00
DRAWDOWN RATE:
RATE OF INFILTRATION 79 IN/HR
DEPTH OF BASIN: 36 IN
DRAW DOWN RATE: 0.46 HRS
°xnssi`'��
RECEIVED
PROD #
5 �d
MAY 2 8 2004

State of North Carolina
Department of Environment
and Natural Resources • a
WA
Wilmington Regional Office 4P
Division of Land Resources ��� L
Land Quality Section NCDENR
Michael F. Easley, Governor Nazm GROUNA DEPARTMENT OF
ENVIRONMENT AND NARIRAL RESOURCES
William G. Ross Jr., Secretary
February,2, 2004
NOTICE OF RECEIPT OF EROSION & SEDIMENTATION CONTROI PLAN
Ms. Dawn S. Cockman
518 Spencer Farlow Road
Carolina Beach, NC 28428
Dear Ms. Cockman:
This office has received a soil erosion and sedimentation control plan for the project listed below which was
submitted as required by the North Carolina Sedimentation Pollution Control Act (NCGS 113A-57(4)).
Please be advised that this Act requires that all persons disturbing an area of one or more acres of land must obtain
approval of a soil erosion control plan prior to the commencement of said land -disturbing activity (NCGS 113A-54(d)(4)).
The Act further states that this plan must be filed a minimum of 30 days prior to the activity and the approving authority must
approve or disapprove the submitted plan within 30 days of receipt. Failure of the approving authority to approve or
disapprove the submitted plan within the 30 day period will be deemed approval of the plan if the submitted plan is complete.
Commencement or continuation of a land -disturbing activity under the jurisdiction of this Act prior to the.' -approval of an
erosion & sediment control plan is a violation of the Act.
A copy of any erosion and sediment control. plan which could involve the utilization of ditches for the purpose of
dewatering odowering the water table is forwarded by this office to the Division'of Water Quality (DWQ). It is suggested that
you contact the Division of Water Quality at [phone] if any ditches shown on your plan will lower the water table.
We have performed a preliminary review of your submitted plan and have determined that additional information
will be necessary before a final review can be completed. Enclosed is a checklist of items that must be submitted before
we ca___ n complete the review process. Failure to provide the additional information may result in disapproval of your plan.
The approval of an erosion and sediment control plan is condition on the applicant's compliance with Federal and
State water quality laws, regulations and rules.
If you have questions or need additional information, please do not hesitate to contact this office. Your cooperation
in this matter is appreciated and we look forward to working with you on this project.
Sincerely,
Carol N. Miller, CPESC
Assistant Regional Engineer
CNM/bfr
cc: Michael Hoffer; Tripp Engineering
PROJECT NAME: Island Walk @ Snows Cut
PROJECT NO.: Newhan-2004-218
LOCATION: Spencer Farlow RI d - New Hanover County
RIVER BASIN: Cape Fear 14-
SUBMITTED BY: Tripp Engineering
DATE RECEIVED BY L.Q.S.: February 2, 2004
127 North Cardinal Drive, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA DEPARTMENT of ENVIRONMENT & NATURAL RESOURCES
LAND QUALITY SECTION
WILMINGTON REGIONAL OFFICE
PROJECT NAME: Island Walk @ Snows Cut
PROJECT NUMBER: Newhan-2004-218
DATE: February 2, 2004
COUNTY: New Hanover
EROSION & SEDIMENT CONTROL PLAN PRELIMINARY REVIEW CHECKLIST
To expedite the approval process, a cursory review of your submitted Erosion and Sediment Control Plan application
has been made and has shown the need for additional information as specified below. To meet our review schedule,
any additional information should be received by this Regional Office no later than February 21, 2004. Failure to
meet this schedule may result in disapproval of your plan.
LOCATION OF PROJECT
SITE DRAINAGE FEATURES & CALCULATIONS OF DESIGN
Project location
_ Existing & planned drainage patterns (including thru drainage)
Roads, streets
_ Size and location of culverts and sewers
Soil information: type, special characteristics
North arrow & scale
_ Name and classification of receiving watercourse
Adjoining lakes, streams or water bodies
For Riparian Buffers, include Site located on USGS topo and
— Preconstruction runoff calculations for each outlet from site
USDA Soil Survey Maps
Design calculations for peak discharges of runoff (including the construction phase
& the final runoff coefficients of site)
_X Design calculations of culverts and stone sewers
GENERAL SITE FEATURES (Plan Elements)
_x Design calculations of cross sections & method of stabilization of existing &
planned channels (include temporary linings)
. Number of additional copies of the plan needed
_ Design calculations and construction details of energy dissipators
Legend; North arrow, scale, etc.
below culvert & storm sewer outlets (diameter & apron
_ Property lines
dimensions)
Existing and proposed contours (topographic lines)
_ Design calculations and details to control groundwater(seeps,etc.)
Limits of disturbed area (amount of acreage; label limits)
Planned and existing buildings locations and elevations
FINANCIAL RESPONSIBILITY/OWNERSHIP (FR/O) FORM
Planned and existing road locations and elevations
Lot and/or building numbers
_ Completed, notarized FR/O Form
_ Land use of surrounding areas
_ Accurate application fee ($50.00 per acre; no ceiling)
Geologic features; rock outcrops, seeps, springs, wetlands,
_ Certificate of assumed name, if the owner is a partnership
streams, lakes, dams, etc.
_ Name of Registered Agent (if applicable)
Easements and drainageways
_X_ Other missing data: COPY OF PROPERTY DEED
Profiles of streets, utilities, lateral ditchlines, etc.
Stockpile topsoil and/or subsoil locations
VEGETATIVE STABILIZATION
If the same person conducts the land -disturbing activity and
Area and acreage to be vegetatively stabilized
any related borrow or waste activity, the related borrow or
Method of soil preparation
waste activity shall constitute part of the land -disturbing
— Seed type and rates (both temporary and permanent)
activity, unless the borrow orwaste activity is regulated under
Fertilizer type and rates
the Mining Act of 1971, or is a landfill regulated by the
— Mulch type and rates
Division of Solid Waste Management. If the land -disturbing
activity and the related borrow or waste activity are not
Note: Plan should include provision for groundcoveron exposed slopes
conducted by the same financially responsible party, they
within 15 working days but not more than 30 calendar days,
shall be considered separate land -disturbing activities and
following completion of any phase of grading. Permanent
must be permitted either through the Sedimentation Pollution
ground -cover for all disturbed areas within 15 workings days or
Control Act as a one -use borrow site or through the Mining
no more than 90 calendar days following completion of
Act.
construction.
If the Plan proposes 150 feet or more stream disturbance 401
Water Quality certification may be necessary.
EROSION CONTROL MEASURES
Legend
Location of temporary and permanent (t&p) measures
Construction drawings & details for both t&p measures
Maintenance requirements of measures
Contact person responsible for maintenance of measures
NARRATIVE AND CONSTRUCTION SEQUENCE
_ Narrative describing the construction sequence
Narrative describing nature & purpose of the development
Bid specification; only as it regards erosion control
Construction sequence related to erosion and sediment control
(including installation of critical measures prior to the initiation of
the land -disturbing activity & the removal of measures after the
areas they serve have been permanently stabilized)
OTHER INFORMATION:1. Please provide a wetland delineation or verify that there are no jurisdictional wetlands on site.
2. Provide calculations & construction details for the stormwater pond. 3. The plan does not provide adequate sediment
storage. Generally, 1800 cubic feettarea is required unless soils and infiltration rates indicate lees is needed.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

s..
2)309n
SMI'Mce 1973
February 2, 2004 Yhree Decades ... Three Reasons
We listen. We respond. We solve.
Ms. Dawn Cockman
518 Spencer Farlow Drive
Carolina Beach, North Carolina 28428
Reference: Double Ring Infiltrometer Testing
518 Spencer F arlow Drive
Island Walk @ Snows Cut
Carolina Beach, North Carolina
Job No. 1063-04-046
Dear Ms. Cockman:
As requested, S&ME personnel have recently conducted one double -ring infiltrometer test of the
surficial soils at the subject site at the approximate location shown in Figure 1. Specifically, our
representatives performed the following work items on January 29, 2004:
1. Advanced one hand-augered boring near the infiltrometer test
location in order to visually classify the in -place soils. A Munsell
Soil Color Chart was used to define the hue and chroma of the
recovered soil samples.
2. Conducted double -ring infiltrometer testing at a depth of 10
inches below the existing ground surface. This testing was
conducted in general accordance with American Society for
Testing and Materials (ASTM) procedure D=3385 entitled,
"Infiltration Rate of Soils in Field Using Double -Ring
Infiltrometer".
Based on our field classifications of the excavated soils at the hand-augered boring location, the in -
place soils within the upper 20 inches generally consisted of slightly silty sand with a trace of rock
fragments. FMffa a depth of 20 inches to the completed boring depth of 8 feet, silty sands were
encountered. No.'water was encountered in the borehole. The site water level will fluctuate with
tidal and climatic conditions, however, and may be higher or lower at other times of the year. It is
our opinion that the depth to the seasonal high water table exceeds six feet below the existing
ground surface.
5&ME, Inc. I, )910) 799-9945
6409 Amsterdam Way, Building B-3 [phone] fax
Wilmington, North Carolina 28405 �•,aQ-a:.;:-ate ;-;;; .;-

Ms. Dawn Cockman
S&ME Job Number 1063-04-046
February 2, 2004
Page Two
The average infiltration rate at the test location exceeded 50 inches per hour. A summary of the
field test results is presented in Table 1.
S&ME appreciates the opportunity to provide our services during this phase of the project. Should
you have any questions after reviewing this letter, or if we can be of additional assistance, please do
not hesitate to contact us at your convenience.
Sincerely,
S&ME, INC.
c .Z�J CZIIJ AAU , -I -(
C. Richard Connell, II �^
Senior Engineering Technician
Michael W. Behen, P.E.
Senior Geotechnical Engineer
CRC:MWB/jns
Attachments
Copy: Tripp Engineering, P.C., Mr. Charlie Cozier

TABLE 1
Double Ring Infiltrometer Testing
518 Spencer Farlow Drive
Island Walk @ Snows Cut
Carolina Beach, North Carolina
Job No.1063-04-046
Date of Test: January 29, 2004
Depth of Test Below Site Grade: 10 inches
Depth of Water in Rings: 43/4 inches
Inner Diameter of Inner Ring: 11% inches
Inner Diameter of Outer Ring: 22'h inches
.]Depth to Groundwater: No water was encountered to depth investigated.
Average Infiltration Rate: 79 inches per hour
SOIL PROFILE
Depth
Hue
Value/Chroma
Soil Description
0-20"
10 YR
4/3
Brown Fine to Medium SAND - Trace of Silt and Rock Fragments
20"-36"
2.5 Y
5/2
Grayish Brown Fine to Medium SAND - Trace of Silt
36"-96"
10 YR
4/6
Dark Yellowish Brown Fine to Medium SAND - Trace of Silt

Job No.
41 Date: - C-5- C3'
TRIPP ENGINEERING, P.C.-
ZC�.IVED
419 Chestnut Street, Wilmington, NC 28401
Phone: [phone] - FAX: [phone] F B 42004
Email: [e-mail] z�
LETTER OF TRANSMITTAL
I".
Attention: Uncia- (-e-uJIS
Subject: (Q)22k4 'S)( LW) s
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER
I am sending you: (vJ �TTACHED ( ) UNDER SEPARATE COVER
( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( ) Other
These are transmitted as checked below:
( ).For Approval ( ) For Your Use ( ) Sign & Return ( ) Review
arks:
cc:

FEB-03-04 12:13 FROM:S$ME WILMINGTON ID:9107999959 PAGE 2/S
-A SMSince 19701
February 2, 2004 Decades... 7hm Realsoas
[ire di WL We rmapond. R sokue.
Ms. Dawn Cockman
51 & Spencer Farlow Derive
Carolina Beach, North Carolina 28428
Reference: Double Ring Infiltrometer Testing
518 Spencer Farlow Drive
Island walk @ Snows Cut
Camlma Beach, North Carolina
Job No.1063-U4-046
Dear Ms, Cockman:
As requested, S&ME personnel have recently conducted one double -ring infiltrometer test of the
surficial soils at the subject site at the approximate location shown in Figure 1. Specifically, our
representatives performed the Wowing work items on January 29, 2004:
1. Advanced one haled-augeled boring near the infiltronleter test
location in order to visually classify the in -place soils. A Mmsell
Soil Color Chart was used to define the hue and chroma of the
recovered soil samples.
2. Conducted double -ring infiltrometer testing at a depth of 10
inches below the existing ground stufaoe. This testing was
conducted in general accordance with American Society for
Testing and Materials (ASTM) procedure D-3385 entitled,
"Infiiltza►tion Rate of Soils in Field Using Double -Ring
IrdiltrometW'.
Based on our field classifications of the excavated soils at the hand augered boring location, the in -
place soils within the upper 20 inches generally consisted of slightly silty sand with a trace of rock
kagments. From a depth of 20 incites to the completed boring depth of 8 feet, silty sands were
encountered. No water was encountered in the borehole. The site water level wt'If m with
tidal and climatic conditions, however, and may be higher- or lower at other times of the yeastit is
our opinion that the depth to the seasonal high water table exceeds six feet below the existing
ground surface.
SMAE, Inc. 1 (9101799-99AS
6409 Am*W&tn Way, BUil&rq B3 [phone] k%
Wilmington, North Carolina 29405 www.smeinc.com

FES-03-04 12:14 FROM=S&M$ WILMINGTON
I1):910799995B
PAGE
3/'5
Ms. Dawn Cockman
S&ME Job Number 1063-04-046
February 2, 2004
Page Two
The average infiltration rate at the test location exceeded 50 inches per, hour. A summary of the
field test results is presented in Table 1.
S&ME appreciates the opportunity to provide our services during this phase of the project. Should
YOU have any questions after reviewing this letter, or if we can be of additional assistance, please do
not hesitate to contact us at your convenience.
Sincerely,
S&ME, INC.
C. Richard Connell,11
Senior Engineering TechDician
Michael W. Behe n, P.E.
Senior Geotechnical Engineer
cRcmwjns
Arb0ment4
Copy: Tripp Engineering, P.C., Mr. Charlie Cozier

F1E9-03-04 12.14 FROM=S&ME WILMINGTON ID-91079999se PAGE 4/S
TABLE 1
Double Ring Inliltrometer Testing
518 Spencer Farlow Drive
Island Walk @ Snows Cut
Carolina Beach, North Carolina
Job No. 1063-04-046
Date of Test_ January 29, 2004
Depth of Test Below Site Grade: 10 inches
Depth of water in Rings: 43/4 inches
Inner Diameter of roller Ring: 11% inches
Inner Diameter of Outer Ring: 22ya inches
Depth to Groundwater: No water was encountered to depth investigated.
Average Infiltration Rate: 79 inches per hour
SOIL PROFILE
290hi
It
Value/Chro a
Soil Descriptign
0-20"
10 YR
4/3
Brown, Fine to Medium SAND - Trace of Silt and Rock Fragments
20"-36"
2.5 Y
5/2
Grayish Brown Fine to Medium SAND - Trace of Silt
36"-96"
10 YR
4/6
Dark Yellowish Brown Fine to Medium SAND - Trace of Silt

FEB-03-04 12:14 FROM:S&HE WILMINGTON I0:91079999Se
e4,
PAGE 5/5
A +^
i
OQsnNG BUILDING
m RF 12FultuF6f .L—
to
NOTE: Site plan drawing provided to S&HE by Tripp Engineering personnel.
LEGEND
Approximate Location of Infiltrometer Testing
1
PRO J E'C i S C ALE: Not to ScAl
518 SMOCER FARLOW DRIVE JOB NO. - 1063-04-046
NEW HANOVER COUNTY, XC
.FIG. NO: 1 _

OF WArF9 Michael F. Easley, Governor
P William G. Ross Jr. Secretary
North Carolina Department of Environment and Natural lliesources
� r
-� Alan W. Klimek P.E.,Director
'C Division o eputy Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 14, 2004
Ms. Dawn Cockman
518 Spencer Farlow Road
Carolina Beach, NC 28428
Subject: request for Additional Information
Stormwater Project No. SW8 040206
Island Walk at Snows Cut
New Hanover County
Dear Ms. Cockman:
The Wilmington Regional Office received a St&mwater Management Permit Application
for Island Walk at Snows Cut on February 2, 2004. A preliminary review of that
information has determined that the application is not complete. The following
information is needed to continue the stormwater review:
1. Please either delineate all wetlands on site, disturbed or undisturbed, or note on
the plans that none exist.
2. Please provide a dimensioned building footprint, including dimensions for the
driveway pavement.
3. Please dimension the proposed infiltration basin.
4. Please add the finished floor elevations of the buildings.
5. Please, show all proposed grading contours for this project, especially in the area
of the basin and outlet swale.
6. Infiltration is an ofFline type of system, where the incoming runoff in excess of the
design storm is bypassed prior to entering the basin. To achieve this, you must
provide a bypass weir structure and bypass'pipe in the drop inlet with the top set
at elevation 21.5, and with the pipe discharging to a 30' vegetated filter. The
overflow from all stormwater management measures must pass through a
vegetated filter.
7. Please show and label the vegetated filter on the plans and add a detail
(including grading).
8. Please label the infiltration basin as an infiltration basin, not a dry detention area,
which has different design requirements.
9. While the use of a trench for the building downspouts would certainly be
encouraged if this were a low density project, they cannot be permitted for this
project unless they ultimately discharge into the infiltration basin, or are added to
the permit application as individual trenches and meet the design criteria for
infiltration trenches.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Senrlce AM
Wilmington Regional office . Wilmington, NC 28405 [phone] Fax [phone]

Ms. Cockman
April 14, 2004
Stormwater Application No. SW8 040206
10. The soils report indicates that the SHWT elevation exceeds 6 feet below the
existing ground surface. Since the bore was not advanced far enough to make a
better estimate of the SHWT, I will have to go with 6 feet bgs. The bore was put
in the ground at elevation 23.5, so the SHWT is 17.5, not 15 as reported on the
supplement. This puts the lowest allowed bottom elevation for the basin at 19.5.
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received by this Office prior to May 14,
2004, or the application will be returned as incomplete. The return of a project will
necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this
letter. The request must indicate the date by which you expect to submit the required
information. The Division is allowed 90 days from the receipt of a completed
application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on -all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new. originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIADDINFO120041040206.apr04
cc: Charles Cazier, Tripp Engineering
Linda Lewis
Page 2 of 2

TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
1�2
�n
January 30, 2004
ION1301011�
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Island Walk at Snows Cut
New Hanover County, NC
TE 03093
Dear Linda:
F E d 2 26—J" - 004
Enclosed please find two (2) sets of plans, one (1) signed original and one (1)
copy of the application form with narrative, one (1) infiltration basin supplement, two (2)
sets of calculations and one check for the application fee.
Please review for approval and contact us with any questions or comments.
Thank you.
Sincerely,
Tripp Engineering, P.C.
Michael Hoffer
MBH:dcb
Enc.

January, 27 2003
Stormwater Narrative
Island Walk
New Hanover County, NC
TE 03093
Island Walk is a 1.25-acre existing vacant tract proposed for a 6 unit residential
subdivision. Impervious areas include 15,960 SF of unit coverage and 10,308 SF of
asphalt, creating a total lot impervious area of 26,268 SF.
The subdivision will be designed as high density and treated by dry detention. The
detention pond will be designed to meet the State's 1" and the County's 25-year pre -post
requirement. Outflow from the pond drains to Snow's Cut, classification SB.

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