SW8050414_CURRENT PERMIT_20220617 (2)

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 0 5 Of IQ-
DOC TYPE
M CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2022 O b 17
YYYYMMDD

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
June 17, 2022
Andrews Reach Homeowners' Association, Inc.
Attn: Tyler Thomas, President
3314 Dovecote Avenue
Wilmington, NC 28409
NORTH CAROLINA
Environmental Quality
Subject: Permit Renewal
Post -Construction Stormwater Management Permit No. SW8 050414
Andrews Reach
New Hanover County
Dear Mr. Thomas:
The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on June 13, 2022. The Division is hereby notifying you that permit SW8050414 has been
renewed, updated, and re -issued on June 17, 2022, as attached. As requested, a copy of the current operation and
maintenance agreement is also enclosed. Please be aware that the renewal and re -issuance of this stormwater
permit does not imply that the site is currently in compliance.
This permit shall be effective until August 7, 2028 and does not supersede any other agency permit that may be
required. The project shall be subject to the conditions and limitations as specified therein. This permit does not
impose new or increased stormwater control requirements; it clarifies the rules and requirements of this program
to provide you with a better understanding of your obligations under this permit. Failure to comply with these
requirements will result in future compliance problems. Please note that this permit is not transferable except
after notice to and approval by the Division.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The
written petition must conform to Chapter 150E of the North Carolina General Statutes and must be filed with the
OAR within thirty (30) days of receipt of this permit. You should contact the OAR with all questions regarding
the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center,
Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAFI.com. Unless
such demands are made this permit shall be final and binding.
If you have any questions concerning this permit, please contact Ashley Smith in the Wilmington Regional
Office, at [phone] or [e-mail].
Sincerely, M
5�; Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment A — Designer's Certification Form
Attachment C — Permitting History
Renewal Application Documents
Copy of the current operation and maintenance agreement
DL'S/ams: \\\Stormwater\Permits & Projects\2005\050414 HD\2022 02 permit 050414
cc: Stephen J. Sulkey, Community Manager, Professional Association Management, Inc.; 114 North 0 Street; Wilmington,
NC 28401
Wilmington Regional Office Stormwater File
DE Q�� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
_
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

Post -Construction Stormwater Management
Permit No. SW8 050414
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Andrews Reach Homeowners' Association, Inc.
Andrews Reach Phases I and II
Masonboro Loop Road & Pine Grove Drive, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of an underground infiltration trench in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and as outlined in
the application, approved stormwater management plans, supplement, calculations, operation and
maintenance agreement, recorded documents, specifications, and other supporting data (the
"approved plans and specifications") as attached and/or on file with and approved by the Division of
Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed,
operated and maintained in accordance with these approved plans and specifications. The approved
plans and specifications are incorporated by reference and are enforceable part of this permit.
This permit shall be effective from the date of issuance until August 7, 2028 and shall be subject to
the following specified conditions and limitations. The permit issued shall continue in force and effect
until the permittee files a request with the Division for a permit modification, transfer, renewal, or
rescission; however, these actions do not stay any condition. The issuance of this permit does not
prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or
terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A
NCAC 2H.1000 and NCGS 143-215.1 et.al.
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data. The permitted stormwater system includes the
collection system, bypass structures, the detention/storage basins, the 36" q) conveyance
piping, the infiltration trench and the vegetated filter.
2. This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.7 on page 2 of this permit. The stormwater control has been designed to
handle the runoff from 351,782 square feet of impervious area. This trench must be operated
with a 50' vegetated filter.
3. Detention/storage basins are approved to store runoff prior to being dewatered through an
orifice into the infiltration system. The detention/storage basins must each have a 6-inch thick
clay liner to prevent infiltration. The dewatering orifice must completely dewater each basin
after each rainfall in less than 5 days.
Page 1 of 7

Post -Construction Stormwater Management
Permit No. SW8 050414
4. Phase I of the subdivision has been permitted for a total of 305,143 square feet. Phase II of
the subdivision has been permitted for a total of 46,639 square feet as shown on the modified
plans. Overall, the tract will be limited to the amount of built -upon area as indicated in Section
1.7 on page 2 of this permit, and per the modified permit application, and per approved plans.
5. All stormwater collection and treatment systems must be located in either dedicated common
areas or recorded easements. The final plats for
the project will be recorded showing all such
required easements, in accordance with the approved plans.
6. The runoff from all built -upon area within the permitted
drainage area of this project must be
directed into the permitted stormwater control system.
7. The following design criteria have been provided in the infiltration trench system and must be
maintained at design condition:
a. Drainage Area, acres:
17.41
Onsite, ftz:
17.41
Offsite, ftz:
0
b. Total Impervious Surfaces, ftz:
351.782
C. Design Storm, inches:
1.5
d. Trench Dimensions, L x W x H, ft:
1600 x 5 x 4
e. Perforated Pipe Diameter/Length:
36/1600
f. Bottom Elevation, FMSL:
3
g. Bypass Weir Elevation, FMSL:
6
h. Permitted Storage Volume, ft3:
42,467
•Trench, ft3:
20,226
•36" Conveyance Piping, ft3:
6,200
•Phase I Storage Basins, ft3:
14,056
•Phase II Storage Basin, ft3:
1,985
i. Type of Soil:
Craven, Lakeland, Seagate
j. Expected Infiltration Rate, in/hr:
3.75
k. Seasonal High Water Table, FMSL:
1
I. Time to Draw Down, hours:
18
M. Receiving Stream/River Basin:
Hewletts Creek / Cape Fear
n. Stream Index Number:
18-87-26
0. Classification of Water Body:
"SA;HQW'
II. SCHEDULE OF COMPLIANCE
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.
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 the design condition. The approved Operation
and Maintenance Plan must be followed in its entirety and maintenance must occur at the
scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and 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 dewatering orifices, bypass structure, filter media,
flow spreader, catch basins, piping and vegetated filter.
g. A clear access path to all bypass structures must be available at all times.
Page 2 of 7

Post -Construction Stormwater Management
Permit No. SW8 050414
4. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR. The records will indicate the date, activity, name of person
performing the work and what actions were taken.
5. The facilities shall be constructed, operated and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division.
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 Director may notify the permittee when the permitted site does not meet one or more of
the minimum requirements of the permit. Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director for modifying the site to meet
minimum requirements. The permittee shall provide copies of revised plans and certification in
writing to the Director that the changes have been made.
10. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 050414 as issued by the Division of
Energy, Mineral and Land Resources under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Energy, Mineral and
Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division of Energy, Mineral and Land Resources.
f. The maximum built -upon area per single family lot is 5,000 square feet. This allotted
amount includes any built -upon area constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include raised,
open wood decking, or the water surface of swimming pools.
f. All runoff on the lot must drain into the permitted system. This may be accomplished
through providing roof drain gutters which drain to the street, grading the lot to drain
toward the street, or grading perimeter swales and directing them into the pond or
street. Lots that will naturally drain into the system are not required to provide these
measures.
11. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of
the date of recording the plat, and prior to selling lots. The recorded copy must contain all of
the statements above, the signature of the Permittee, the deed book number and page, and
the stamp/signature of the Register of Deeds.
Page 3 of 7

Post -Construction Stormwater Management
Permit No. SW8 050414
12. No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications. Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below. For changes to
the project or SCM that impact the certifications, a new or updated certification(s), as
applicable, will be required and a copy must be submitted to the appropriate DEQ regional
office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including
the SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
C. Further development, subdivision, acquisition, lease or sale of any, all or part of the
project and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. Adding the option to use permeable pavement or #57 stone within the lots as a
permeable surface. The request may require a proposed amendment to the deed
restrictions and protective covenants for the subdivision to be submitted and recorded.
g. The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications.
h. Other modifications as determined by the Director.
III. GENERAL CONDITIONS
1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement on -site
stormwater systems. These additional or replacement measures shall receive a permit from
the Division prior to construction.
2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to
the expiration date of this permit. The renewal request must include the appropriate
application, documentation and the processing fee as outlined in Title 15A NCAC
02H.1045(3).
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION.
The permittee shall submit a completed Permit Information Update Application Form to the
Division within 30 days to making any one of these changes.
4. TRANSFER. This permit is not transferable to any person or entity except after notice to and
approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This
request must be submitted within 90 days of the permit holder meeting one or more of
the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the
property on which the permitted activity is occurring or will occur through
foreclosure, bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur, except in the case of an individual
residential lot sale that is made subject to the recorded deed restrictions and
protective covenants;
V. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2);
Page 4 of 7

Post -Construction Stormwater Management
Permit No. SW8 050414
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site
inspection will be conducted by Division personnel to ensure the permit conditions
have been met and that the project and the on -site stormwater system complies with
the permit conditions. Records of maintenance activities performed to date may be
requested. Projects not in compliance with the permit will not be transferred until all
permit and/or general statute conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of
this permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable
recorded documents, and specifications shall be maintained on file by the permittee at
all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
C. ENFORCEMENT. Any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the requirements of the stormwater
rules is subject to enforcement procedures as set forth in NCGS 143 Article 21.
d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an
annual certification completed by either the permittee or their designee confirming the
projects conformance with permit conditions
e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted
site does not meet one or more of the minimum requirements of the permit. Within the
time frame specified in the notice, the permittee shall submit a written time schedule to
the Director for modifying the site to meet minimum requirements. The permittee shall
provide copies of modified plans and certification in writing to the Director that the
changes have been made.
OTHER PERMITS. The issuance of this permit does not preclude the permittee from
complying with and obtaining any other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or
ordinances, which may be imposed by any other Local, State or Federal government
agency having jurisdiction. Any activities undertaken at this site that cause a water
quality violation or undertaken prior to receipt of the necessary permits or approvals to
do so are considered violations of NCGS 143-215.1, and subject to enforcement
procedures pursuant to NCGS 143-215.6.
Permit renewed, updated and reissued this the 17th day of June 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Cl 2%
�nan� re�nn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 5 of 7

Post -Construction Stormwater Management
Permit No. SW8 050414
Andrews Reach
Stormwater Permit No. SW8 050414
New Hanover County
Attachment A
Designer's Certification
I, , as a duly registered in the State of
North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of
the project,
(Project)
for (Project Owner) hereby state that, to the best of my
abilities, due care and diligence was used in the observation of the project construction such that the
construction was observed to be built within substantial compliance and intent of the approved plans
and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
Page 6 of 7

Post -Construction Stormwater Management
Permit No. SW8 050414
Certification Requirements:
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built -
upon area.
3. All the built -upon area associated with the project is graded such that the runoff drains
to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The bypass structure elevations are per the approved plan.
6. The bypass structure is located per the approved plans.
7. A Trash Rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-circuiting of the
system.
11. The permitted amounts of surface area and/or volume have been provided.
12. All required design depths are provided.
13. All required parts of the system are provided.
14. The required system dimensions are provided per the approved plans.
cc: NCDENR-DEMLR Regional Office
New Hanover County Building Inspections
Page 7 of 7

Attachment C - Permitting History
Andrews Reach
Permit No. SW8 050414
Approval
permit Action
RIMS
Description of the Changes
Date
Version
6/14/2005
Original
1.0
Approval
8/7/2006
Modification
1.1
inclusion of Phase II
12/30/2014
Transfer
12
from Footings of Wilmington, Inc. to the Andrews
Reach Homeowners Association, Inc.
A total of four (4) single family home sites are being
added on the remaining 2.28 acres of the site. The site
is bounded to the east by Masonboro Loop Road, to
the south by an existing phase of Andrews Reach and
to the north and west by existing residential
development. Access to the home sites will be by way
12/31/2014
Modification
1.3
of a shared asphalt driveway located in a private
access easement. No direct access to Masonboro Loop
Road is proposed. Per the original permit SW8
050414, the stormwater system was oversized to
handle future development. This modification
reallocates the previous future built -upon area (BUA)
Ito the proposed improvements.
6/17/2022
Renewal
2.0
Expires August 7, 2028

Permit No. 5w �U56¢l ¢
(to he provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
UNDERGROUND INFILTRATION TRENCH SUPPLEMENT
This form may be photocopied for use as an original
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a stormwater management permit application, an
underground infiltration trench supplement for each system, design calculations, and plans and specifications
showing all stormwater conveyances and system details.
1. PROJECT INFORMATION
Project Name :
Andrews Reach Phase I & II
Contact Person: Zak Shipman, Stroud EngineeringPhone Number: ( 910) 815-0775
For projects with multiple infiltration systems, a supplement form must be completed for each system. This
workshcetapplies to: Trench 1 in Drainage Area I
(frrom plans) ((rom Farm SWU-101)
11. DESIGN INFORMATION (attach supporting calculations/documentation):
Soils Report Summary (based upon an actual field investigation and soil borings)
Soil Type Craven
Infiltration Rate
1 7r,
in/hr or cf/hr/sf (circle appropriate units)
SI IWT Elevation
1.0
fmsl (Seasonal High Water Table elevation)
Trench Design Parameters
Aorg8g
41,01$ (44,411-3333) Cne{ VDIUMC-) 4�-t¢1I Tdot
VviUh7e.
Design Volume
nk*; ti
c.f. *see note
Design Storm
1.5
inch event (1.5 inch event for SA waters, I inch event for others)
Drawdown Time
0.74
days
Perforated Pipe Size
36
inch diameter
Perforated Pipe Length
1600
ft.
No. Observation Wells
0
(may be required on a case -by -case basis)
Stone Type (if used)
# 57
Stone Void Ratio
40
Trench Elevations (in feet mean sea level)
Bottom Elevation 3.0 frisl
Storage/Overflow Elevation 6.0 fmsl
FonnSWU-107 Rev3.99 Page I of 4
*Original permitted volume was 42,294CF. Additional volume has been added for
additional impervious over the originally impervious area of. 34,000 SF. Labeled as
future development.

Trench Dimensions
Height
Width
4.0 ft.
5.0 ft.
III. REQUIRED ITEMS CHECKLIST
Length 1600 ft.
�f Volume Provided 424(Pi -413-" cu.ft. * See Below
Volume provided consists of trench as well as
basin under overflow slot.for the combined Ph.
I & II system.
Td zl Vd um z pmvjdoa = Ai5 food (4240-13333�
The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N.C.
Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section: 15
A NCAC 21-1.1008.
Initial in the space provided to indicate that the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. Attach justification if a requirement has not been met.
Applicants Initials
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
b. System is located at least 100 feet from water supply wells.
c. Bottom of system is at least 2 feet above the seasonal high water table.
d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon.
_ e. Off-line system, runoff in excess of the design volume bypasses the system (bypass detail
provided).
f. System is designed to draw down the design storage volume to the proposed bottom
elevation under seasonal high water conditions within five days based upon infiltrati
through the bottom only (a hydrogeologic evaluation may be required).
g. Soils have a minimum hydraulic conductivity of 0.52 inches per hour.
h. System is not sited on or in fill material or DWQ approval has been obtained.
i. Plans ensure that the installed system will meet design specifications (constructed o
restored) upon initial operation once the project is complete and the entire drainage
stabilized.
j. System is sized to take into account the runoff at the ultimate built -out potential from
surfaces draining to the system, including any off -site drainage.
k. System is located in a recorded drainage easement for the purposes of operation and
maintenance and has recorded access easements to the nearest public right-of-way.
I. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch
for areas draining to SA waters ).
_ in.. Drainage area for the device is less than 5 acres.
n. A pretreatment device ( filter strip, grassed swale, sediment trap, etc.) is provided.
o. Trench bottom is covered with a layer of clean sand to an average depth of 4 inches.
p. Sides of the infiltration trench are lined with geotextile fabric.
q. Rock used is free of fines (washed stone) and has a large void ratio.
r. Side to bottom area ratio is less than 4:1.
on
Form SWU-107 Rev 3.99 Page 2 of 4

Observation well(s) are provided (case -by -case basis).
t. Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters)
and detail is shown on plans.
u. A benchmark for checking sediment accumulation is provided.
IV. UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT
1. After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for
blockage and deterioration and the infiltration system for erosion, trash accumulation, grass cover, and general
condition.
2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash and blockages as needed to maintain
system performance.
3. Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth. Restore
depth to original design depth without over -excavating. Over -excavating may cause the required water table
separation to be reduced and may compromise the ability of the system to perform as designed.
4. The water level in any monitoring wells will be recorded after a 1 inch rainfall event and at least once a month.
Chronic high water table elevations (within I foot of the bottom of the system for a period of three months)
shall be reported to DWQ immediately.
5. If DWQ determines that the system is failing, the system will immediately be repaired or replaced to original
design specifications. If the system cannot be repaired to perform its design function, other stormwater control
devices as allowed by NCAC 2H .1000 must be designed, approved and constructed.
6. Remove accumulated sediment from the infiltration system annually or when depth in the unit is reduced to
75% of the original design depth. The system shall be restored to the original design depth without over -
excavating. Over -excavating may cause the required water table separation to be reduced and may
compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an
appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e.
stockpiling near a stormwater treatment device or stream, etc.).
A benchmark shall be established in the infiltration system. The benchmark will document the original
design depth so that accurate sediment accumulation readings can be taken. The measuring device used to
determine the depth at the benchmark shall be such that it will give an accurate depth reading and not
readily penetrate into accumulated sediments.
When the depth at the benchmark reads o.—iS the accumulated sediment shall be removed
from the system.
Form SWU-107 Rev 3.99 Page 3 of 4

I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater
collection system in accordance with the six maintenance procedures listed above. I agree to notify DWQ
of any problems with the system or prior to any changes to the system or responsible party.
Print Name and Title: A. K,atc A.lpi
Address: 5J29 6,",smne CA✓rs Hlr u.urboj N�
Phone: ( 1 q60 r o Date: 6,
Signature:` r ��
Note: The legally responsible parry should not be a homeowners association unless snore than 50% of the lots have been sold and a
resident of the subdivision has been natned the president.
I, I arri e L /lJ t (lU.t✓/ I , a Notary
Public for
thee State /'of NOyTyI (91bll rJO County of �"
Met HQ_ cr , do hereby certify that M. Kl �L.- /TV d rew S personally appeared before me this VII
day of—&j2h , _, ZQ 5 , and acknowledge the due execution of the forgoing infiltration basin maintenance
requirements. Witness my hand and official seal,
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DEMUR USE ONLY
Date Received
Fee Paid
Permit Number
U '3 2022
C174
isuja OQ�J14
STATE STORMWATER:
PERMIT INFORMATION UPDATE APPLICATION FORM
There is NO FEE for updating project name or permittee information.
RECEIVED
JUN 13 2022
This form is to only to be used by the current permittee to notify the Division of.- NCDEO
WILMINGTON RO
1) changes to the Point of Contact (signing official) for the current permittee (LLC, Corporation, HOA or POA);
2) changes to the mailing address, phone number or email address of the current permittee;
3) changes to the name of the project; and
4) changes to the legal corporate name as documented by a Name Change or Merger filed with the NCSOS.
A. NEW PERMIT INFORMATION
State Stormwater Permit Number:
Are you updating
(check all that apply):
If so, please provide the updated information:
❑ Project name
as 11
❑ Corporation Name'
_
❑ Permit Contact Name2.3
(I rj
,..�
❑ Permit Contact Title
j�y))(J��l„��Ar'�"
❑MailingAddress3
Oavecok% W,
h� NL zXgo
❑ Phone number
?j --705-M03
❑ Email address
mAs
. Ct�th
Provide documentation such as a Name Change / Merger ed with the NCSOS.
Provide supporting documentation such as NCSOS filing. The permit contact's position must be in accordance
with 15A NCAC 02H .10400).
If more than one point of contact or mailing address is being changed, please attach a separate sheet.
B. CERTIFICATION OF PERMITTEE
I, g06-- �Y�1►t -S the current permittee, hereby notify DEMLR that I am making the changes as listed
in Section A above. I further attest that this application for an update to the permit information currently on file is accurate
and complete to the best of my wl79=
f'lSignature:Date: )0
I, �yedim (it Cta/ C , a Notary Public for the State of NbY+V1 C, \ )0Q.
County of h)eW kkC0 0.13W , do hereby certify that �V1�UC Y �(iriQ
pers nal��y.��qqggss�e� grg mg Is a day of 20, and acknowledge the due
exe utio4tlFff1Eld1 'ih r4s�R}1 Kt. Wil ness my hand and offs al seal,
Notary Public
(Not iry Seaftayne County, NC
o a /'—/
Stormwater Permit Information Update Form Page 1 of 1
JUN 13 711"
May 11, 2017

i
i

DEMLR USE ONLY
Date Re ived Fee Paid
Permit E
21
K
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781)
Section 80. (c). This application form is for permh renewals only.
A. PROJECT INFORMATION
1. State Stormwater Permit Number:
2. Project name:
3. Project street address: 41� M LOP Pig- lm`R- bb 4"—
City: I' Imt n kut� County: W oV✓ —zip: LYNV1
4. What, if any, changes have been made to the project as permitted? No(,[ --
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at. https:/Idea.nc.gov/about/divisions/enerov-
mineral-land-resources/energv-mineral-land-rules/stormwater-program/post-construction.
B. PERMITTEE INFORMATION
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at: htti)s://deg.nc.gov/about/divisions/energy-mineral-land-
resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not
automatically transfer with the sale of the property.
1. Current Permit Holder's
2. Signing Official's Name:
3. Signing Official's Title: -
4. Mailing Address:
City:
5. Street Address: <
City: _
6. Phone:
Email:
e- ZIP :
ZIP:
Ag
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Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018

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C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORIM. Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial each Item below to Indicate that the required information is provided in the application package:
kir 1. A permit application processing fee of $505.00 payable to NCDEQ.
fJT 2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation — a principle executive officer of at least the level of vice-president;
b. Limited Liability Company (LLC) — a manager or company official as those terms are defined
in G.S. 57D "North Carolina Limited Liability Company Act;"
c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership — the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the
signature of another entity.
Kj'\ 3. One hard copy and one electronic copy of recorded documents required by the original permit that
have not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
t2� 4. O&M Agreements, Please select one:
❑ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
� 1eep this on file with the permit; or
[g 1 do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to keep this on file with the permit.
5. Designer Certifications, Please select one: L')or� or,. j
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed; or
❑ The project has not yet been built.
_ 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
_ 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC):
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C.2 per 15A NCAC 2H. 1043(3)(b).
htti)s://www.sosnc.gov/online services/search/by title/ Business Registration
EGEI `M F—�
JUN 1 3 2022
BY:_------...
Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018

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D. PERMIiITT(EE�'S CERTIFICATION
I, ems+ r �Y� I'tVr-e'5 , the person legally responsible for the permit, certify that I have
a copy of the Perrnit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the
project, SCMs, or ownership. All infor tion provided on this permit renewal application is, to the best of my
knowledge, correct and y mplt;t
Signature: / / Date: --4416
22
NOTARIZATION:
County of
a Notary Public for the State of
do hereby certify
that'R(ypQ,lf'{ ::CLx k 1 � personally appeared before me
this the to day of U\0 20 aa; , and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal,
MEREDITH D CLARK
Seal) Notary Public
Wayne County, NC
1 W''SYVAP WA=4X1LWQ4Ea IJ
My commission expires
' ni
JUN
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018

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High Density Residential Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations,
deed restrictions and protective covenants are required for High Density Residential Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed
restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon"
area consistent with the design criteria used to size the stormwater control facility.
I, Richard Donaldson, acknowledge, affirm and agree by my signature below, that I will cause the following
deed restrictions and covenants to be recorded prior to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 050414, as issued by the Division of Water Quality under the
Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming under
them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express written
consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence
of the Division of Water Quality.
6. The maximum built -upon area per lot, in square feet, is as listed below:
Lot # BUA -00
B
38 5000 sf
439 5000 sf
0 5000 sf
41 5000 sf \
NOTE: __1
PORTIONS OF THE 16' PRIVATE ACCESS ROAD LOCATED WITHIN THE ACCESS EASEMENT
AND SHOWN ON THE STORMWATER PLANS ARE ACCOUNTED FOR SEPARATELY AND DO
NOT COUNT AGAINST THE INDIVIDUAL LOT BUA. REFER TO THE APPROVED STORMWATER
PLAN FOR ANDREWS REACH PHASE 2.
This allotted amount includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the water surface of swimming
pools.
Each lot will maintain a 50 foot wide vegetated buffer between all impervious areas and surface waters.
8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street, grading
the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them
into a component of the stormwater collection system. Lots that will naturally drain into the system are
not required to provide these additional measures.
ECEQ Syr E
NOV Y22014
Form I)RPC-3 Rev.2 05Nov2009 Page 1 of 2 By:_

High Density Residential Subdivisions
I, K—I I'r C\J E. r,�nr
State of rI • C County of w
Public in the
do hereby certify that ' c_t-) �r% I S o r.. pars nally appeared
before me this the _� day of P40V . 20 I I and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
i nature
My Commission expires 3 5 0�
DMI
NOV 112014
By..•t
Form DRPC-3 Rcv.2 05Nov2009 Page 2 of

MINIMUM
FOR WGIISTRATIIGV REGIiHER OF OEEOS
n RONWER COIWTY, aC
p
2N6 J1 19 10:02:15 PM
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER (�q
QefwA{OWN%}1/enMnt{7eru��A�iS ('�C
DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS
FOR ANDREWS REACH
THIS DECLARATION, made the Sthday of July , 2006, by FOOTINGS OF
W ILMINGTON, INC., a Nonh Carolina corporation, hereinafter referred to as "Declarant"or "Developer"
for the purposes hereinafter stated:
WITNESSETH
WHEREAS, Declarant is the owner of that certain real property in New Hanover County, North
Carolina, known as ANDREWS REACH, which is shown on a plat recorded in the Office of the Register
of Deeds of New Hanover County, North Carolina, in Map Book 49 Page 375 to which reference is
made for a more particular description (the "Property"); and
NOW, THEREFORE, Declarant declares that the Property described above shall be held, sold and
conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the
purpose of protecting the value and desirability of, and which shall run with the land and be binding on all
parties having any right, title or interest in the Property or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I.
DEFINITIONS
SECTION 1. Additional Propen shall mean and refer to any lands which are now owned or may
be hereafter acquired or developed by Declarant, in addition to the above described Property, and annexed
to and made a part of the Development (as hereinafter dcftned) pursuant to Article VII hereof.
SECTION 2. Association shall mean and refer to ANDREWS REACH Homeowners' Association,
Inc., a North Carolina nonprofit corporation, its successors and assigns, the owners association organized
for the purposes set forth in Article III hereof.
SECTION 3. Assessments shall mean the Annual, Special, Insurance, Ad Valorem and Working
Capital Assessments defined in Article IV hereof.
SECTION 4. Common Area(s) shall mean and refer to all real property within the Development
owned by the Developer or the Association for the common use and enjoyment of the Owners, including any
facilities located on such real property.
SECTION 5. Declarant shall be used interchangeably with Developer (which designations shall
include singular, plural, masculine and neuter as required by the context) and shall mean and refer to
FOOTINGS OF WILMINGTON, LLC , its successors and assigns, if such successors or assigns should
acquire undeveloped property from the Declarant for the purpose of development.
SECTION 6. Declaration shall mean this instrument as it may be from time to time amended or.
supplemented.
SECTION 7. Development shall mean the Property plus any Additional Property.
SECTION 8. Limited Common Area(s) shall mean areas and facilities within any Lot which are for
the exclusive use of the Lot Owner but which the Association is obligated to maintain pursuant to the terms

of this Declaration. There shall be no Limited Common Area on any Lot unless the same is specifically
shown on the Subdivision Map for ANDREW S REACH.
SECTION 9. Lots shall mean and refer to any numbered lot within the Development.
SECTION 10. Owner shall mean and refer to the record owner, whether one or more persons or
entities, of a fee simple title to any Lot, including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation.
SECTION 11. Property shall mean the Property as defined in the preamble to this Declaration.
SECTION 12. Member( shall mean and refer to every person or entity who has a Membership in
the Association.
SECTION 13. Membership shall mean and refer to the rights, privileges, benefits, duties and
obligations, which shall inure to the benefit of and burden each Member of the Association.
ARTICLE 11,
EASEMENTS
SECTION 1.Owners' Easement of Eniovment. EveryOwner shell have end is hereby granted a right
and casement of enjoyment in and to the Common Area, if any, which shall be appurtenant to and shall pass
with the title to every Lot, subject to the provisions of Article HI hereof.
SECTION 2. Easements in Favor of Declarant. The following easements are reserved to Declarant,
Declarant's successors and assigns;
(a) easements as necessary in the lands constituting the Development for the installation and
maintenance of utilities and drainage facilities; including, specifically, the right to grant a 10 foot wide
easement over and adjacent to the front and including the right of Declarant to go upon the ground with men
and equipment to erect, maintain, inspect, repair and use electric and telephone lines, wires, cables, conduits,
sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone
equipment, gas, sewer, water or other public conveniences or utilities on, in or over each Lot and such other
areas as are shown on the plat of the Property or any Additional Property recorded or to be recorded in the
office of the Register of Deeds of New Hanover County; the right to cut drain ways for surface water
whenever such action may appear to the Developer to be necessary in order to maintain reasonable standards
of health, safety and appearance: the right to cut any trees, bushes or shrubbery; the right to make any
grading of the soil, or to take any other similar action reasonably necessary to provide economical and safe
utility installation and to maintain reasonable standards of health, safety and appearance; the right to locate
wells, pumping stations, and tanks within residential areas, or upon any Lot with the permission of the owner
of such Lot; and the right to subject the Property and any Additional Property to a contract with Progress
Energy Carolinas, Inc., or its successor, for the installation of street lighting, which contract requires a
continuing monthly payment to Progress Energy Carolinas, Inc, by each resident customer for street lighting
service (such rights may be exercised by any licensee of the Declarant, but this reservation shall not be
considered an obligation of the Declarant to provide or maintain any such utility or service).
(b) easements over all private streets, if any, access easements, and Common Arras within the
Development as necessary to provide access, ingress and egress, to any Additional Property.
(c) an easement of unobstructed access over, on, upon, through and across each Lot and the
Limited Common Area located thereon, if any, at all, reasonable times to perform any maintenance and
repair to the Limited Common Areas required by this Declaration. This easement shall also run in favor of
the Association and the Association's agents, employees, successors and assigns.
SECTION 3. Other Easements. The following easements are granted by Declarant to others:
(a) an easement is hereby granted to all police, fire protection, ambulance and all similar
persons, companies or agencies performing emergency services, to enter upon all Lots and Common Area
in the performance of their duties.
(b) in caseof any emergency originating in orthrmtening any Lot or Common Arms, regardless
of whether any Lot Owner is present at the time of such emergency, the Association or any other person
authorized by it, shall have the right to enter any Lot for the purpose of remedying or abating the causes of
such emergency and making any other necessary repairs not performed by the Lot Owners, and such right
of entry shall be immediate.

(c) the Association is granted an easement over each Lot for the purposes of exercising its rights
under Article VI, Section 5, of this Declaration.
SECTION 4. Na[ure of FAsementa. All easements and rights described herein are perpetual
casements appurtenant, running with the land, and shall inure to the benefit of and be binding on the
undersigned, its successors and assigns, and any Owner, purchaser, mortgagee and other person having am
interest in the Property or any Additional Property, or any part or portion thereof, regardless of whether or
not reference is made in the respective deeds of conveyance, or in any mortgage or trust deed or other
evidence of obligation, to the easements and rights described in this Declaration.
ARTICLE III.
HOMEOWNERS' ASSOCIATI )N
SECTION I. Formation of Association. ANDREWS REACH Homeowners' Association, Inc. is a
nonprofit corporation organized pursuant to the Nonprofit Corporation Act of the State of North Carolina
for the purpose of establishing an association for the Owners of Lots to operate and maintain the Common
Areas and to provide any other services provided in this Declaration or agreed to by a majority of the
Members.
SECTION 2. Membership, Every Lot Owner shall be a Member of the Association, Membership
shall be appurtenant to and may not be separated from Lot ownership.
SECTION 3. Voting Rights, Each Member shall be entitled to one vote in the affairs of the
Association for each Lot owned. When more than one person holds an interest in any Lot, all such persons
shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no
event shall more than one (1) vote be cast with respect to any Lot.
SECTION 4. powers Privileges Rights and Obli ations. In addition to therighls and powers granted
to the Association in its charter and to the rights and powers with regard to assessments set forth in Article
IV of this Declaration, the Association shall have and possess and shall perform and exercise the following
powers, privileges, rights and duties, subject, however, to the rights of the Declarant contained in Article V
hereof:
(a) The Association shall be entitled to make and amend reasonable rules and regulations
governing use of the Common Areas by the Owners;
(b) The Association shall be responsible for the operation, upkeep, maintenance, protection,
preservation, repairs, reconstruction and/or replacement of (i) the Common Areas and improvements and
additions thereto, and (it) the Limited Common Areas, if any; (iii) any utility easements or drainage
easements used for the benefit of more than one lot owner; provided, however, that in the event that any of
the above activities are necessitated by the willful act or active or passive negligence of any Owner, his
family, guests, invitees or tenants, or is caused by fire, wind, rain, blowing water, lightening, smoke or other
hazard or casualty, and the cost of such maintenance, repair or other activity is not fully covered by
insurance, then, at the sole discretion of the Board of Directors of the Association, the cost of the same shall
be the personal obligation of the Owner and if not paid to the Association upon demand, may be added to
the annual assessment levied against said Owner's Lot;
(c) The Association may engage in such other activities as authorized by a majority of the
Members.
(d) The Association may suspend the voting rights and privileges of an Owner for any period during
which any Assessments against the Owner's lot remain unpaid and for a period not to exceed 60 days for an
infraction of the published rules and regulations of the Association:
(e) The Association may mortgage or convey the Common Areas, or dedicate or transfer all or part
of the Common Areas, to any public agency, authority or utility for such purposes and subject to such
conditions as may be agreed to by at least two thirds of the Members:
(f) The Board of Directors on behalf of the Association, as a common expense, may at all times keep
the Common Areas and other property of the Association, if any, insured against loss or damage by fire or
other hazards and Other such risks, including, but not limited to directors' liability and public liability
insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to
protect such property, which insurance shall be payable in case of loss to the Association for all Members.
The Association shall have the sole authority to deal with the insurer in the settlement of claims. Such
insurance shall be obtained without prejudice to the right of each Member to insure his personal property

for his own benefit at his own expense. In no event shall the insurance coverage obtained by the Association
be brought into contribution with insurance purchased by Members or their mortgagees.
ARTICLE IV.
COVENANTS FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot,
by acceptance of a deed for the Owner's Lot, whether or not it shall be so expressed in such deed, covenants
and agrees to pay to the Association the following assessments (collectively the "Assessments"):
A. Annual Assessments;
B. Special Assessments for Capital Improvements:
C. Insurance Assessments;
D. Ad Valorem Tax Assessments; and
E. Working Capital Assessments.
The Assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on
the land and shall bea continuing lien upon the respective Lot against which the Assessments are made. Each
such Assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal
obligation of the person who was the Owner of such Lot at the time when the Assessment fell due The
personal obligation for delinquent Assessments shall not pass to the Owner's successors in title unless
expressly assumed by them.
Provided, however, the Declarant shall not he required to pay any working capital or annual
assessments on any lot owned by it prior to its initial sale to another owner or December 31, 2007. whichever
occurs first. Provided, further, any lots sold to a builder as a vacant lot will be exempt from annual
assessments or working capital assessments for a period of one year or until sold to a third party whichever
occurs first. -
SECTION 2. Purpose of Annual Assessments. The Annual Assessments levied by the Association
shall be used exclusively to promote the recreation, health, safety and welfare of the Owners and residents
of the Property and Additional Property and for the improvemont and maintenance of the Common Areas
and any Limited Common Areas The funds arising from said assessments or charges, may be used for any
or all of the following purposes: operations, maintenance and improvement of the Common Areas, and any
Limited Common Areas, including payment of utilities, enforcing this Declaration, paying taxes, insurance
premiums, legal and accounting fees and governmental charges, establishing working capital, and in
addition, doing any other things necessary or desirable in the opinion of the Association to keep the Common
Areas and Limited Common Areas in good operating order and repair.
SECTION 3. Annual Assessments. Annual Assessments shall be in an amount to be fixed from year
to year by the Board of Directors which may establish different rates from year to year as it may deem
necessary for the purposes set forth in Section 2 above. The amount of the Annual Assessment against each
Lot for any given year shall be fixed at least 30 days in advancoof the Annual Assessment period; provided,
however, that the first Annual Assessment shall be set prior to the conveyance of the first Lot to an Owner
and written notice to the Owners to be subjected thereto shall be delivered to the Owners at or prior to the
closing of their Lots. Written notice of each Annual Assessment thereafter shall be sent to every Owner
subject thereto. The due date shall be established by the Board of Directors and the Board of Directors shall
have the authority to require the assessments to be paid in pro rats periodic installments, as the Board may
in its discretion determine. 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. From and after March I of the year immediately following the conveyance of the first Lot
to an Owner, the Annual Assessment may be increased each year not more than ten percent (10%) above the
Annual Assessment for the previous year without a vote of the Members, except as herein provided.
B. From and after March I of the year immediately following the conveyance of the first Lot
to an Owner, the Annual Assessment may be increased above ten percent (10%) by a vote of a majority of
the Members who are voting in person or by proxy at a meeting duly called for this purpose.
C. The Board of Directors may increase theamount of the Annual Assessment to$1.500.00 per

Lot notwithstanding the provisions of subparagraphs A and B above, and thereafter the limitations set forth
in said subparagraphs shall apply to any annual increase.
SECTION 4. Special Assessments for Capital Improvements. In addition to the Annual
Assessments authorized above, the Association may levy, in any assessment year, a Special Assessment
applicable to the year only for the purpose of defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a capital improvement upon the Common Areas and any Limited
Common Areas, including but not limited to all utility rights of way, drainage easements or any other
easements for the benefit of the lot owners or the association and fixtures and personal property related
thereto, provided that any such assessment shall have the assent of a majority of the Members who are voting
in person or by proxy at a meeting duly called for this purpose.
SECTION 5. Insurance Assessment. All premiums on insurance policies purchased by the Board
of Directors or its designee pursuant to Article III and any deductibles payable by the Association upon loss
shall be a common expense, and the Association may in any assessment year levy against the Owners equally
an "Insurance Assessment", in addition to the Annual Assessments provided for under Section 3 above,
which shall be in an amount sufficint to pay the annual cost ofall such deductibles and insurance premiums
not included as a component of the Annual Assessment, Such assessment shall not be subject to the 10%
limitation set out in Section 3. A. and B. of this Article IV.
SECTION 6. Ad Valorem Tax Assessments. All ad valarem taxes levied against the Common Areas,
if any, shall be a common expense, and the Association may in any assessment year levy against the Owners
equally an "Ad Valorem Tax Assessment", in addition to the Annual Assessments provided for under Section
3 above, which shall be in an amount sufficient to pay such ad valorem taxes in such year not included as
a component of the Annual Assessment. Such assessment shall not be subject to the 10% limitation set out
in Section 3. A. and B. of this Article IV.
SECTION 7. Workina Capital Assessments. At the time title to a Lot is conveyed to an Owner by
Declarant, the Owner shall pay to the Association as working capital an amount equal to two months'
assessments. Provided, however, that builders shall not be required to pay any working capital until the lot
is sold to a third party or the property is occupied as a residence, whichever occurs first. Such funds shall
be used solely for initial operating and capital expenses of the Association such as prepaid insurance.
supplies, and furnishings, fixtures and equipment for the Common Areas, etc. Amounts pa id into the working
capital fund are not to be considered as advance payment of the Annual or any other assessments. Any
working capital funds remaining after the last Lot has been sold by Declarant shall be transferred to and
become part of the general funds of the Association, in the discretion of the Board of Directors.
SECTION 8. Notice and Ouorum For Any Action Authorized under Sections 3 and 4. Written
notice of any meeting called for the purpose of taking any action authorized under Section 3 and 4 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 votes of each class of Membership shall constitute a quorum. The required quorum at the subsequent
meeting shall be one-half ('/a) of the required quorum at the preceding meeting. No such subsequent meeting
shall be held more than sixty (60) days following the preceding meeting.
SECTION 9. Uniform Rate of Assessment. The Assessments must be fixed at a uniform rate for all
Lots and may be collected on a monthly basis.
SECTION 10. Commencement of Assessments. Assessments for each Lot shall commence upon
the dale of acceptance by an Owner of s deed from Declarant.
SECTION 11. Effect of Nonpayment of Assessments and Remedies of the Association. Any
Assessment or installment thereof not paid within thirty (30) days after the due date shall bear interest from
the due date at the highest rate allowable by law. The Association may bring an action at law against the
Owner personally obligated to pay the same, or foreclose the lien against the Owner's Lot in the same
manner as a deed of trust under power of sale as allowed under North Carolina Law. No Owner may waive
or otherwise escape liability for the Assessments provided for herein by non-use of the Common Arcs or
abandonment of his Lot. All unpaid installment payments of Assessments shall become Immediately due
and payable if an Owner fails to pay any installment within the time permitted.
SECTION 12. Subordination Of The Lien To Mortaaee. The lien of the Assessments provided for
herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the
Assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any
proceeding in lieu thereof, shall extinguish the lien of such Assessments as to payments which became due
prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments

thereafter becoming due or from the lien thereof.
:Le • aa PU 4 1141WIA51!. R) WK9019MM
The Declarant shall have and there is hereby reserved to the Declarant, the following rights, powers
and privileges which shall be in addition to any other rights, powers and privileges reserved to the Declarant
herein:
SECTION I. The Association(Period of Declaration Control. All the powers and duties of the Board
of Directors of the Association may be exercised by the Declarant, and the Developer shall appoint all
members of the Board of Directors, until such time as ninety percent (90%) of the Lots within the
Development have been sold or conveyed by; the Declarant to purchasers (the"Developer Control Period").
Management and control can be voluntarily transferred by Declarant to the Owners at any time.
SECTION 2.The Architectural Control Committee. All duties and responsibilities conferred upon
the Architectura I Control Committee by this Declaration or the By-laws of the Association shall be exercised
and performed by the Declarant or its designee, so long as Declarant shall own any Lot within the Property
or any Additional Property. Thereafter, the Architectural Committee shall be as designated in Article VI,
Section 1.
SECTION 7. Plan of Development. The right to change, alter or redesignate the allocated planned,
platted, or recorded use or designation of any of the lands constituting the Development (so long as the
Declarant retains title to said lands) including, but not limited to, the right to change, alter or redesignate
road, utility and drainage facilities and easements and to change, alter or redesignate such other present and
proposed amenities or facilities as may in the sole judgment and discretion of Declarant be necessary or
desirable. The Declarant hereby expressly reserves unto itself, its successors and assigns, the right to re -plat
any one (I) or more Lots shown on the plat of any subdivision of the Property or Additional Property in order
to create one or more modified Lots; to further subdivide tracts shown on any such subdivision plat into two
or more Lots; to recombine one or more tracts or Lots or a tract and Lots to create a larger tract; to eliminate
from this Declaration Lots that are not otherwise buildable or are needed for access or are needed for use as
private roads or access areas, and to take such steps as are reasonably necessary to make such re -platted Lots
or tracts suitable and fit as a building site or access area or roadway.
SECTION 4. Amendment of Declaration by the Declarant. This Declaration may be amended by the
Declarant, or the Board of the Association, as the case may be, as follows:
A. In any respect, prior to the sale of the first Lot.
B. To the extent this Declaration applies to Additional Property.
C. To correct any obvious error or inconsistency in drafting, typing or reproduction.
D. To qualify the Association or the Properly and Additional Property, or any portion thereof.
for tax exempt status.
E. To include any platting change as permitted herein.
F. To conform this Declaration to therequirementsof any law or governmental agency having
legal jurisdiction over the Property or any Additional Property or to qualify the Property or any Additional
Property or any Lots and improvements thereon for mortgage or improvement loans made, insured or
guaranteed by a governmental agency or to comply with the requirements of law or regulations of any
corporation or agency belonging to, sponsored by, or under the substantial control of the United Stales
Government or the Stale of North Carolina, regarding purchase or sale of such Lots and improvements, or
mortgage interests therein, as well as any other law or regulation relating to the control of property,
including, without limitation, ecological controls, construction standards, aesthetics, and matters affecting
the public health, safety and general welfare. A letter from an official of any such corporation or agency,
including, without limitation, the Veterans Administration, U. S. Department of Housing and Urban
Development, the Fcderal 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 of such
corporation or agency, provided that the changes made substantially conform to such request or suggestion.
Notwithstanding anything else herein to the contrary, only the Declarant, during the Developer Control
Period, shall be entitled to amend this Declaration pursuant to this Section 4, F.

ARTICLE VI.
USE RESTRICTIONS AND ARCHITECTURAL CONTROL
SECTION 1. Building and Site Improvement, No dwelling, wall or other structure, including fences,
shall be commenced, erected, or maintained upon any Lot, nor shall any exterior addition to or change in or
alteration therein (including painting or repainting of exterior surfaces) be made until the plans and
specifications showing the nature, kind, shape, heights, materials, colors and location of the same and a
landscape plan shall have been submitted to and approved in writing as to harmony of external design and
location in relation to surrounding structures and topography by the Declarant, or its designee, or, after the
sale of all Lots by Declarant, by the Board of Directors of the Association, or by an Architectural Control
Committee composed of three (3) or more representatives appointed by the Board. In the event the Declarant,
or its designee, or, if applicable, the Board, or the Architectural Control Committee, fails to approve or
disapprove such design and location within thirty (30) days after said plans and specifications have been
submitted to it, approval will not be required and this Article will be deemed to have been fully complied
with. Refusal or approval of any such plans, location or specification may be based upon any ground,
including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of
the Declarant, the Board, or Architectural Control Committee shall be deemed sufficient. One copy of all
plans and related date shall be furnished to the Declarant, the Board, or Architectural Control Committee,
as the case may be, for its records. Neither the Declarant, the Board, nor the Architectural Control Committee
shall be responsible for any structural or other defects in plans and specifications submitted to it or any
structure erected according to such plans and specifications.
SECTION 2. Approval of Plans. A) No house plans will be approved unless the proposed house
shall have a minimum of 2,500 square feet of enclosed, heated dwelling area. The term "enclosed, heated
dwel ling area" as used in the minimum requirements shall be the total enclosed area within a dwelling which
is heated by a common heating system; provided, however, that such term does not include garages, terraces,
decks, open porches, and like areas. Each house plan submitted to the Declarant or ACC must include a
landscaping plan for review and approval by the Declarant or the ACC. The Declarant and or the ACC may
approve or refuse such landscaping plan upon any ground, including purely aesthetic and/or environmental
considerations in the sole and uncontrolled discretion of the Declarant or ACC.
B. Since the establishment of inflexible building setback lines for location of houses on lots
tends to force construction of houses directly to the side of other homes with detrimental effects on privacy,
view, preservation of important trees and other vegetation, ecological and related considerations, no specific
setback lines shall be established by this Declaration. In order to assure, however, that the foregoing
considerations are given maximum effect, the site and location of any house or dwelling or other structure
upon any lot shall be controlled by and must be approved absolutely by the Declarant, the Board, or the
Architectural Control Committee, as the case may be.
C. The exterior or all houses and buildings including storage areas and garages must have an
area of at least 75% brick provided the Declarant or the Architectural Review Committee, in its sole
discretions, shall have the right to permit the use of other materials on the exterior for reasons it deems
appropriate, including solely for aesthetic grounds. The exterior of all houses and other structures must be
completed within twelve (12) months after the construction of same shall have commenced, except where
such completion is impossible or would result in great hardship to the Owner or builder, due to strikes, fires,
national emergency or natural calamities.
D. No structure shall be erected, altered, placed or permitted to remain on any Lot, except one
single family dwelling not to exceed two and one-half stories in height. No garage apartments are allowed.
E. All service utilities, fuel tanks, and wood piles are to be enclosed within a wall or plant
screen of a type and size approved by the Declaranl, the Board or the Architectural Control Committee, so
as to preclude the same from causing an unsightly view from any highway, street or way within the
subdivision, or from any other residence within the subdivision. All mail and newspaper boxes shall be
uniform in design. Design for mail and newspaper boxes shall be furnished by Declarant. Fences shall be
permitted on any Lot; provided, however, that the design and materials of any fence are approved by the
Declarant, the Board, or the Architectural Control Committee, as the case may be, and provided further, that
no fence shall be over six feet in height or forward of the rear corner of the house or dwelling erected on the
Lot. Clothes lines are not permitted on any Lot.
F. Of f street parking for not less than two (2) passenger automobiles must be provided on each
Lot prior to the occupancy of any dwelling constructed on said Lot which parking areas and the driveways
thereto shall be constructed of concrete, brick, asphalt, or turf stone, or any other material approved by
Declarant, the Board or Architectural Control Committee.

SECTION 3. Land Use and Building Trire. No Lot shall be used for any purpose except for
residential purposes. All numbered Lots are restricted for construction of single family dwellings only.
Different and amended land use restrictions and architectural control guidelines may be established for
Additional Property added to the Development by Deelnrant; provided, however, that no Lot may be used
for other than single family dwellings except pursuant to approval of the Members in accordance with this
Declaration.
SECTION 4. Nuisances. No noxious or offensive activity shal I be carried on upon any Lot, nor shall
anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
There shall not be maintained any plants or animals, nor device or thing of any sort whose normal activities
or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish or
destroy the enjoyment of other Lots by the Owners thereof. It shall be the responsibility of each Owner to
prevent the development of any unclean, unsightly or unkept condition of buildings or grounds on the
Owner's Lot which would tend to substantially decrease the beauty of the neighborhood as a whole or the
specific area.
SECTION 3. Lot Maintenance. Each Lot Owner shall keep his Lot free from weeds, underbrush or
refuse piles, or unsightly growth or objects. In the event the Owner fails to do so, then, after thirty days
notice from the Architectural Control Committee, the Association or its designee may enter upon the Lot and
remove the same at the expense of the Owner, and such entry shall not be deemed a trespass, and in such
event a lien shall arise and be created in favor of the Association for the full amount of the cost thereof
chargeable to such Lot, including collection costs and such amounts shall be due and payable within thirty
(30) days alter the Owner is billed therefor. Such lien shall be enforceable by Court proceedings as provided
by law for enforcement of liens.
SECTION 6. Temnerary Structures. No structure of a temporary character, trailer, basement, tent,
shack, garage, barn or other outbuilding shell be used on any Lot anytime as a residence either temporarily
or permanently without the written consent of the Association or its designee; provided, however, that this
shall not prevent the Declarant, its designees or assigns from maintaining a construction trailer or office on
any part of the Development until the construction of dwellings on all Lots is completed. Provided that any
temporary structure must comply with all governmental laws regulations whether state or local pertaining
to said structures. However, nothing herein shall be meant to prevent the construction (with Developer's
consent) of storage and utility buildings. It is the express intention of the Developer that no trailer or mobile
home (including a double -wide mobile home) shall be allowed on said property. Nothing herein shall be
construed to prevent the use, upon Developer's approval, as set forth above, of a prefabricated or modular
home as long as same is consistent with the general development and the standards of quality of said
subdivision and is not materially detrimental to the value of the subdivided lots in said subdivision.
SECTION 7. Vehicles/Boats. No boat, motor boat, camper, school bus, trailer, motor or mobile
homes, tractor/trailer, (including vehicles rated to handle over one ton) or similar type vehicle, shall be
permitted to remain on any Lot or on any street at any time, without the written consent of the Association
or its designee. No inoperable vehicle or vehicle without current registration and insurance, will be permitted
on any Lot, street or Common Area. The Association shall have the right to have all such vehicles towed
away at the owner's expense. No repairs to any vehicle may be made on streets or in driveways but only in
garages or other areas and not visible from the street. Due to noise concerns, safety, liability and property
damage reasons, no motorized, gas or electric vehicles, including dirt bikes and all terrain vehicles (ATV's)
are permitted on the Common Area/Open Space or grounds of the properties or on lots yet to be built on.
Only maintenance equipment needed to maintain the grounds is exempt from this rule.
SECTION 8. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on
any Lot or in any dwelling except that dogs, cats or other household pets may be kept or maintained provided
that they are not kept or maintained for commercial purposes and do not exceed three (3) pets in one
household, and provided further that they are not allowed to run free, are at all times kept properly leashed
or under the rule of their owner and do not become a nuisance to the neighborhood.
SECTION 9. Statuary. Television Satellite Dishes and Antennas. No yard statuary or TV satellite
signal receiving dishes are permitted on any Lot and no outside radio or television antennas shall be erected
on any Lot or dwelling unit unless and until permission for the same has been granted by the Board of
Directors of the Association or its Architectural Control Committee. Provided, however, an owner may
install a satellite dish not exceeding 24 inches without further approval provided said satellite dish is installed
in the rear portion of the yard or the rear portion of the dwelling.
SECTION 10. Exterior Litdds. All light bulbs or other lights installed in any fixture located on the
exterior of any building or any Lot for the purpose of illumination shall be clear, white or non -frost lights
or bulbs.

SECTION II, lAndscapin . Prior to initial occupancy of the residence constructed on each Lot, the
entire yard area of such Lot must he sodded; provided, however, that any areas to be used as planting beds
for trees and shrubs need not be sodded so long as such beds are planted prior to initial occupancy orthe Lot.
The Declarant, the Board or the Architectural Control Committee, as the case may be, may on account of
adverse weather conditions or for other good cause shown permit such landscaping to be done within a
period of six months after initial occupancy of the residence.
SECTION 12. Signs. Except for lots upon which are located model homes constructed by builders
approved by the Declarant, no signs of any type or description shall be placed on or displayed on any
residential lot except signs "For Rent" or "For Sale," which signs shall not exceed six square feet in size.
Model homes, including unrestricted signage, may remain in use as models as long as there are lots available
for sale in said subdivision. Notwithstanding any language to the contrary, builders may erect in common
areas temporary directional signs or signage not larger than ten square feet in size.
SECTION 13. Alteration . No person shall undertake,cause, or al low any alteration or construction
in or upon any portion of the Common Areas except the direction or with the express written consent of the
Association.
SECTION 15. Subdividing. Subject to the provisions of Article V hereof, no Lot shall be
subdivided, or its boundary lines changed except with the prior written consent of the Declarant during the
period of Declarant control of the Association and thereafter by the Board of Directors of the Association.
ARTICLE VII.
ANNEXATION OF ADDITIONAL PROPERTY
SECTION 1. Declarant may annex to and make a part of the Development any other real property
which Declarant now owns or which Declarant may hereafter acquire or develop provided the property is
adjacent to property already subject to these covenants (the "Additional Property"), as follows:
A. Except as provided in subparagraph B, below, annexation of Additional Property to the
Development shall require the assent of a majority of the Members who are voting in person or by proxy
at a meeting called for this purpose, written notice of which shall be sent to all Members not less than 30
days not more than 60 days in advance of the meeting.
B. Additional Property may be annexed to the Development without theassent of the Members
so long as the Additional Property can be used only for residential purposes and related facilities usually
appurtenant to residential developments, recreational facilities and Common Areas.
The Declarant does intend to add up to 18 townhouses as part of the Development known as
Andrews Reach. These townhouse units will be subject to the assessments for the Subdivision Common
Areas and recreational facilities on the same basis as individual Lot Owners,
SECTION 2. Annexation of Additional Property shall occur upon the recording, in the Office of
the Register of Deeds for the county where the Additional Property is located, of (i) a subdivision plat for
the Additional Property and (ii) a supplemental declaration stating that the Additional Property is made a
part of the Development and is subject to this Declaration. Upon recording of such plat and supplemental
declaration, the Additional Property shall become fully subject to the terms of this Declaration, except to the
extent that pursuant to Article V, Section 4 hereof, the Declarant amends the applicability of this Declaration
to the Additional Property.
SECTION 3. Nothing herein shall prevent Declarant from using the name "ANDREW S REACH"
in conjunction with the development of other real property which is not made part of the Development and
subject to this Declaration.
ARTICLE Vill,
GENERAL PROVISIONS
SECTION I. 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 an Owner to
enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do
so thereafter.
SECTION 2. Enforcement of Storm Water Runoff Regulations. The following covenants are
intended to ensure ongoing compliance with State Storm water Management Permit Number, SWR0M914

as issued by the Division of Water Quality under NCAC 2H. 1000
A. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the storm water management permit.
B. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
C. The covenants pertaining to storm water may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
D. Alteration of the drainage as shown on the approved plan may not take place without
the concurrence of the Division of Water Quality.
E. The maximum allowable built -upon area for lots I through 37 is 5,000 square feet per lot.
Built upon area for any future condominium site shall not exceed 41,964 square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-
way between the front lot fine and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
F. All runoff from the built -upon areas on the lot must drain into the permitted system. This may
be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain
toward the street, or grading perimeter swales to col lect lot runoff and directing them into the stormwater
system or into the street Lots that wi/1 naturally drain into the system are not required to provide these
additional measures.
SECTION 3. Scverability. Invalidation of any one of these covenants or restrictions byjudgment or
court order shall in no wise affect any other provisions which shall remain in full force and effect.
SECTION 4. Lots Subiect to Declaration. All present end future Owners, tenants and occupants of
Lots and their guests or Invitees, shall be subject to, and shall comply with the provisions of the Declaration,
and as the Declaration may be amended from time to time. The acceptance of a deed of conveyance or the
entering into of a lease or the entering into occupancy of any Lot shall constitute an agreement that the
provisions of the Declaration are accepted and ratified by such Owner, tenant or occupant. The covenants
and restrictions of this Declaration shall inure to the benefit of and be enforceable by the Association, or the
Owner of any Lot, their respective legal representatives, heirs, successors and assigns, and shall run with and
bind the land and shall bind any person having at any time any interest or estate in any Lot, as though such
provisions were made a part of each and every deed of conveyance or lease, for a term of twenty (20) years
from the date this Declaration is recorded, after which time they shall be automatically extended for
successive periods of ten (10) years.
SECTION 5. Amendment of Declaration. Except as provided elsewhere herein, the covenants and
restrictions of this Declaration may be amended only by an instrument duly recorded in the Office of the
Register of Deeds of the county where the Development is located, executed by the duly authorized officers
of the Association upon the vote of not less than a majority of the Lot Owners; provided that no amendment
shall alter any obligation to pay ad valorem taxes or assessments for public improvements, as herein
provided, or affect any lien for the payment thereof established herein. In no event may the Declaration be
amended so as to deprive the Declarant of any rights herein granted or reserved unto Declarant.
IN WITNESS WHEREOF, the parties hereto, have caused this Declaration to be executed in their
corporate name and the corporate seal affixed by its duly authorized officers this day and year first above
written.
FOOTIN S OF W"IINGTON,
By: Ci/ L)
President
10

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, Iv WIYI e, V. 1�AA. n*K , a Notary Public in and for said County and State, do
hereby certify that M. Kirk Andrews personally came before me this day and acknowledged that he
is President of Footings of Wilmington, Inc., a North Carolina corporation which is the corporation
described in and which executed the fcregoi g instrument; [CHECK ONE] Q (i) 1 have personal
knowledge of the identity of the principal; or 0( (ii) 1 have seen satisfactory evidence of the principal's
identity by a current state or federal identification, with the principal's photograph, in the form of a
A1.6 WkAstb velsE .
Witness my hand and official seat,
this the 'day of July, 2006.
r / (LL/,u � !'• � ,-.tea.
Notary Public
My Commission Expires: tO-i l9
a
y
2:t pOTgg,p
7 y:% pUBL1G _��
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4�yOf 4'I! CryU�t
12

REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration:
Book:
Document No.
Recorder:
WILMINGTON, NC 28401
0711912006 10:02:15 AM
RE 3033 Page: 387.398
2000040831
DECL 12 POS $44.00
CRESWELL,ANDREA
State of North Carolina, County of New Hanover
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2006040831*
2006040831