SW8150211_Current Permit_20220302

ROYCOOPER
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Mich 2,2022
T" a,1.T.0
AtUL A&.Scott Gerow,Member
431O uS IighwRy 421 North,Suite 140
T ,IBC 2MI
Subject: Apprwved Miner NfediGakfiDn
P+ C Perot lea.SWS IS�21I
Ike Kneffs at Turkey Creek,Sectim I Phaw g
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dwases io the subject penuft and profit on mbar 10,2022. Staff rmiww bw tbut the.proposad
changes t the definitim ofs mimr modificafim in that it does not resuh in in the s of the
pawktad stormw cc �(sCm)and dam not�dw of . area. PleaserefutD
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State Stormwater Management Systems
Permit No. SW8 150211
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
POST-CONSTRUCTION STORMWATER MANAGEMENT PERMIT
LOW DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina
as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Tioga, LLC
The Knolls at Turkey Creek, Section 1, Phase /l
Carver Drive, Rocky Point, Pender County
FOR THE
construction, operation and maintenance of a 24% low density subdivision project in compliance
with the provisions of Session Law 2008-211 and Title 15A NCAC 2H .1000 (hereafter collectively
and separately referred to as outlined in the appiication, 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This permit shall be effective from the date of issuance until rescinded and shall be subject to the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, 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
1. The overall tract built-upon area percentage for the project must be maintained at 24% per
the requirements of the stormwater rules. This permit covers the construction of a total of
113,400 square feet of built-upon area (BUA), which includes 8,875 square feet of future
BUA allocation.
2. Each of thel5 lots is limited to a maximum of 5,640 square feet of built-upon area, as
indicated on the application and/or as shown on the approved plans.
3. The only runoff conveyance systems allowed will be vegetated conveyances such as swales
with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by
the Division.
4. No piping shall be allowed except those minimum amounts necessary to direct runoff
beneath an impervious surface such as a road or under driveways to provide access.
Page 2 of 7

State Stormwater Management Systems
Permit No. SW8 150211
5. The project shall provide and maintain a minimum 50-foot wide vegetative buffer adjacent all
surface waters, measured horizontally from and perpendicular to the normal pool of
impounded structures, the top of bank of each side of streams and rivers and the mean high
water line of tidal waters. All runoff directed into and through the vegetative buffer must flow
through the buffer in a diffuse manner. Roof drains must terminate at the outer edge of the
buffer.
6. Stormwater runoff that is directed to flow through any wetlands shall flow into and through
these wetlands at a non-erosive velocity.
II. SCHEDULE OF COMPLIANCE
1. The maximum built-upon area assigned to each lot via this permit and the recorded deed
restrictions may not be increased or decreased by either the individual lot owner or the
permittee unless and until the permittee notifies the Division and obtains written approval
from the Division.
2. The permittee shall review and keep records of all proposed and approved development on
each lot. The plans reviewed must include all proposed built-upon area. The permittee may
establish an Architectural Review Board (ARB) or Committee (ARC) to review new and
modified lot development plans for compliance with the Covenants and Restrictions,
including the BUA limit. However, any approval given by the ARB or ARC on behalf of the
permittee does not relieve the permittee of the responsibility to maintain compliance with the
overall permitted built-upon area for the project.
3. The permittee is responsible for verifying that the proposed built-upon area on each
individual lot, and for the entire project, does not exceed the maximum allowed by this
permit. The permittee shall monitor all construction on each lot and where a lot is
determined to have exceeded the permitted maximum BUA, the permittee shall notify the lot
owner of such in writing and require remediation within a reasonable time frame to bring the
lot into compliance.
4. Swales, vegetated areas and other vegetated conveyances shall be constructed in their
entirety, vegetated, and operational for their intended use prior to the construction of any
built-upon surface, per the approved plans.
5. During construction, erosion shall be kept to a minimum and any eroded areas of the swales
or other vegetated conveyances will be repaired immediately.
6. The permittee shall at all times provide and perform the operation and maintenance
necessary as listed in the signed Operation and Maintenance Agreement, such that the
permitted stormwater management system functions at its optimum efficiency.
7. The following deed restrictions and protective covenants related to stormwater management
have been recorded in Book 4453 on Pages 298 with the Pender County Register of Deeds,
are incorporated by reference, and must be maintained in perpetuity. NOTE THAT THE
RECORDED RESTRICTIONS ALLOW ONLY 4,500 SQUARE FEET PER LOT, WHICH IS
LESS THAN THE PERMITTED AMOUNT.:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number 150211, as issued by the Division under
NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Storm Ain+ r 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.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division.
Page 3 of 7

State Stormwater Management Systems
Permit No. SW8 150211
f. The maximum built-upon area per lot is 5,640 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, driveways, and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
g_ Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swages, etc.)
associated with the development except for average driveway crossings, is
prohibited by any persons.
h. A 50-foot wide buffer must be provided adjacent to surface waters, measured
horizontally from and perpendicular to the normal pool of impounded structures, the
top of bank of both sides of streams and rivers, and the mean high waterline of tidal
waters.
i. All roof drains shall terminate at least 50' from the normal pool of impounded
structures, the banks of rivers and streams and the Mean High Waterline of tidal
waters.
j. Any individual or entity found to be in noncompliance with the provisions of this
stormwater management permit or the requirements of the stormwater rules under
15A NCAC 02H.1000 as amended under Session Law 2008-211, is subject to
enforcement procedures as set forth in N.C.G.S. 143, Article 21.
8. The permittee must submit a copy of the recorded deed restrictions within 30 days of the
date of recording.
9. All stormwater conveyances will be located in either a dedicated right-of-way (public or
private), recorded common areas or recorded drainage easements. The final plats for the
project will be recorded showing all such required rights-of-way, common areas and
easements, in accordance with the approved plans.
10. The permittee must certify in writing that the project's stormwater controls, and impervious
surfaces have been constructed within substantial intent of the approved plans and
specifications. Any deviation from the approved plans must be noted on the Certification. A
modification may be required for those deviations. The permittee shall submit the
Certification to the Division within 30 days of completion of the project.
11. The permittee shall submit all information requested by the Director or his representative
within the time frame specified in the written information request.
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 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.
13. 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.
14. 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 DF^ region--! 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.
Page 4 of 7

State Stormwater Management Systems
Permit No. SW8 150211
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. 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.
3. TRANSFER. This permit is not transferable to any person or entity except after notice to
and approval by the Director. Neither the sale of the project and/or property, in whole or in
part, nor the conveyance of common area to a third party constitutes an approved transfer of
the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate anplir-ation
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This
request must be submitted within 90 days of the permit holder meeting one or more of
the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the
property on which the permitted activity is occurring or will occur through
foreclosure, bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur, except in the case of an individual
residential lot sale that is made subject to the recorded deed restrictions and
protective covenants;
v. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2);
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site
inspection will be conducted by Division personnel to ensure the permit conditions have
been met and that the project and the on-site stormwater system complies with the
permit conditions. Records of maintenance activities performed to date may be
requested. Projects not in compliance with the permit will not be transferred until all
permit and/or general statute conditions are met.
4. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions
of this —ermit until the Division "pproves+ the trans-1—regl icst
Ill �I 1 Division 1 M Y VJ ll ll "11 1%11 1 V UliJ 1.
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.
Page 5 of 7

State Stormwater Management Systems
Permit No. SW8 150211
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 ruies 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.
f. 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 modified, reissued this.the 2"d day of March 2022
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
C45A--.,-x ?0
Brian Wrenn, Direc or
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 6 of 7

State Stormwater Management Systems
Permit No. SW8 150211
Attachment C - History
1. Version 1.0, 5/18/2015: The original permit was issued.
2. Version 1.1, 3/2/22: The permit was modified to remove one lot and renumber the rest of
the lots.
Page 7 of 7

Permit Name:5k � �" //
(to be provided by DWQ)
Drainage Area Number:
Grassed Swale Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance.record will_be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected,repaired or replaced immediately. These deficiencies can affect the integrity
of structures,safety of the public, and the removal efficiency of the BMP.
Important maintenance procedures:
— The drainage area of the grassed swale will be carefully managed to reduce the
sediment load to the grassed swale.
— After the first-time fertilization to establish the grass in the swale,fertilizer will
not be applied to the grassed swale.
The grassed swale will be inspected once a quarter. Records of operation and
maintenance will be kept in a known set location and will be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element: Potential problem: How I will remediate the vroblem:
The entire length of the Trash/debris is present. Remove the trash/debris.
swale
Areas of bare soil and/or Regrade the soil if necessary to
erosive gullies have formed. remove the gully,and then re-sod
(or plant with other appropriate
species)and water until established.
Provide lime and a one-time
fertilizer apphcation.
Sediment covers the grass at Remove sediment and dispose in an
the bottom of the swale. area that will not impact streams or
BMPs. Re-sod if necessary.
Vegetation is too short or too Maintain vegetation at a height of
long. approximately six inches.
The receiving water Erosion or other signs of Contact the NC Division of Water
damage have occurred at the Quality 401 Oversight Unit at 919-
outlet. 733-1786.
f
FEB 0 6 2015
BY:
Form SW401-Grassed Swale O&M-Rev.3 Page 1 of 2

Permit Number:
(to be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Project name:The Knolls at Turkey Creek Phase 2
BMP drainage area number:Swale T"
Print name:Scott Gerow, Tioga LLC
Title:Owner
Address:PO Box 15970, Wilmington,NC 28408
Phone:[phone]
Signature:
Date:
Note: The legally responsible party should not be a homeowners association unless more than 50%of
the lots have been sold and a resident of the subdivision has been named the president.
I, Ka D,�k C ', `��( 1/�.t,C� , a Notary Public for the State of
�I11 I�(ir�i1�, County of ( 16C�t67, do hereby certify that
,A C-AA y (mow personally appeared before me this
day of , ,kV)A4CVW � , and acknowledge the due execution of the
forgoing grassed swale maintenance requirements. Witness my hand and official seal,
KELUE E.NORRIS
Notary Public
North Carolina
New Hanover County
ECEIVE
SEAL
FEB 0 6 2015
My commission expires C) r D m V:
Form SW401-Grassed Swale O&M-Rev.3 Page 2 of 2

DEMLR USE ONLY
Date Re ived Fee Paid Permit Number
STORMWATER PERMITTING FORM 7:
MINOR MODIFICATION
Standard Permitting Program-No Fee for Minor Modification
Express Permitting Program-See Express Fee Schedule
Only complete applications packages will be accepted and reviewed. This form and the required items(with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at:http://d`eg.nc..qovlcontactlreaional-offices.
This form is to only to be used by the current permittee to notify the Division of a minor
modification. Pursuant to Rule 15A NCAC 02H.1002. a minor modification is a change to the project that:
1)does not increase the net built-upon area; and/or
2) does not change the size or design of the SCM(s).
A. GENERAL INFORMATION
1. State Stormwater Permit Number: SW8 150211
2. Current Permit Holder's Company Name/Organization: Tioga, LLC
3. Signing Official's Name: Scott Gerow
4. Signing Official's Title: Member
5. Mailing Address: 4310 US Highway 421 North, Suite 140
City: Wilmington State: NC ZIP: 28401
6. Street Address(if different):
City: State: ZIP:
7. Phone: [phone] Email: sQerow(&-aol.com
8. Describe the minor modifications that you are requesting, including any revised BUA allocations (attach
additional pages or supporting tables similar to Section IV.10 of the original application, if needed):
Project area corrected*(increased): lot count reduced from 16 to 15*: common area access road
accounted for on plan and in BUA allocation*: project name now includes"section 1 phase 2"•
Permittee's address is corrected
*An updated SWU-101 project information table is attached
B. SUBMITTAL REQUIREMENTS
Please mark"Y"to confirm the items are included with this form. Please mark"X"if previously provided. If not
applicable or not available, please mark N/A.:
1. Two hard copies (with original signatures) and one electronic copy of this completed form.
2. Two hard copies and one electronic copy of the revised plan sheets(must be a revision of the
originally approved plan sheets).
3. If there is reallocation of lot BUA, a copy of the revised recorded deed restrictions and protective
covenants OR the proposed recorded deed restrictions and protective covenants documenting
the changes and a signed agreement to provide the final recorded document.
4. If applicable, the appropriate Express review fee. -M*,—-. __-.�
SEP 2 4 2021 !
BY
Stormwater Permit Form 7: Minor Modification Page 1 of 2 July 14,2017

C. CONTACT INFORMATION
I. The Design Professional who is authorized to provide information on the Applicant's behalf:
Design Professional's Name: David L. Menius, P.E.
Consulting Firm: Stroud Engineering. P.A.
Mailing Address: 102-D Cinema Drive
City: Wiimington State: NC Zip: 28403
Phone: (910) 815-0775 Fax: ( )
Email: : lmenius0stroudengineer.com
2. [OPTIONAL] If you would like to designate another person to answer questions about the project:
Name&Title:
Organization:
Mailing Address:
City: State: Zip:
Phone: ( L— Fax: ( )
Email:
D. CERTIFICATION OF PERMITTEE
I, 5.� �_, the current permittee, certify that I have authorized the minor modifications listed
in Section is and shown in the attached revised plan sheets. I further attest that this information is accurate and
complete to the best of my knowledge.
Signature: Date:
a Notary Public for he State o 1 e �0 I�
County of do I Mby certify that �C 4 d�
,oRRr#RR lly appeared before me this the -i day of , 20_,, and
the due execution of the forgoing instrument.Witness my hand and official seal,
NO�UbPi411�ea1)
Cart ret County
y A
CAR
12
4Jotat�sign
My commission expir
'A
) Ljne-
'EP 2 41021
BY
Stormwater Permit Form 7: Minor Modification Page 2 of 2 Oct 6,2017

IV. PROJECT INFORMATION
1. In the space provided below,briefly summarize how the stormwater runoff will be treated.
Runoff from roads will be collected in roadside swales and conveyed towards Turkey Creek(Q• w)
The project is low density(24%)
2.a.If claiming vested rights,identify the supporting documents provided and the date they were approved:
❑Approval of a Site Specific Development Plan or PUD Approval Date:
❑Valid Building Permit Issued Date:
❑Other: Date:
b.If claiming vested rights,identify the regulation(s)the project has been designed in accordance with:
❑ Coastal SW-1995 ❑Ph II-Post Construction
3. Stormwater runoff from this project drains to the Cape Fear River basin.
4. Total Property Area:10.89 acres 5. Total Coastal Wetlands Area:_0 acres
6. Total Surface Water Area: acres
7. Total Property Area(4)-Total Coastal Wetlands Area(5)-Total Surface Water Area(6)=Total Project
Area+: acres
+ Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area
between the banks of streams and rivers, the area below the Normal High Water(NHW line or Mean High Water
(MHV1>) line,and coastal wetlands landward from the NHW(or MH[ line. The resultant project area is used to
calculate overall percent built upon area(BLIA). Non-coastal wetlands landward of the NHW(or MHM line may
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area/ Total Project Area)X 100 = %
9. How many drainage areas does the project have? 1 (For high density, count 1 for each proposed engineered
stormwater BMP. For low density and other projects,use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project,attach an additional sheet with the information for each area
provided in the same format as below.
Basin Information Drainage Area_ Drainage Area_ Drama a Area_ Drama a Area_
Receiving Stream Name Turkey Creek
Stream Class * C;Sw
Stream Index Number* 18-74-54
Total Drainage Area(sf) 474,313
On-site Drainage Area(sf) 474,313
Off-site Drainage Area(sf) 0
Proposed Impervious Area** s 113,400
% Impervious Area** total 23.91%
Impervious"Surface Area Drainage Area_ Drainage Area_ Drama e Area_ Drama a Area_
On-site Buildings/Lots(so 84,600
On-site Streets (sf) 19,925
On-site Parking (sf) 0 +e,�*•,
On-site Sidewalks (sf) 0 y -,
Other on-site (sf) 0
Future(sf) 8,875
Off-site (sf) 0
Existing BUA***(sf) 0
Total (sf): 113,400
* Stream Class and Index Number can be determined at: http, portal.ncdenr.or /w; eb/wq&s/csu/classifications
Im envious area is defined as the built upon area including, but not limited to, buildings,roads,parking areas,
sidewalks,gravel areas,etc.
Form SWU-101 Version 06Aug2012 Page 3 of 6

Permit No.
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMIWATER MANAGEMENT PL1:M1T �^-�'i'1 .1 11ON FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in Session Law 2008-211, 15A NCAC 2H .1000, Session Law 2006-246, and the DWQ BMP Manual.
Curb and gutter systems are allowed provided they meet the requirements in 15A NCAC 2H .1008(g).
I. PROJECT INFORMATION
Project Name : The Knolls at Turkey Creek Phase 2
Contact Person: James H. Fentress, Jr.,P.E., Stroud Engineering, P.A. Phone Number: (910 ) 815-0775
Number of Lots: 16 Allowable Built Upon Area(BUA) Per Lot*: 5640
Number of Dwelling Units Per Acre**: 1.47
Low Density Development(check one): ® without curb &gutter ❑ with curb& gutter, outlets to (check one):
❑ Swales ❑ Vegetated Area
*If lot sizes are not uniform,attach a table indicating the number of lots,lot sizes and allowable built upon area for each lot.
The attachment must include the project name,phase,page numbers and provide area subtotals and totals. BUA shall be
shown in units of square feet.
**(Phase H Post-Construction(non-SA)only)
II. BUILT UPON AREA
Refer to DWQ's forms and applications website for specific language that must be recorded in the deed
restrictions for all subdivided projects. (http://h2o.enr.state.nc.us/suibmp_forms.htm)
Complete the following calculation in the space provided below where:
• SA Site Area-the total project area above Mean High Water.
• DF Density Factor-the appropriate percent built upon area divided by 100.
• RA Road Area-the total impervious surface occupied by roadways.
• OA Other Area-the total area of impervious surfaces such as clubhouses,tennis courts, sidewalks, etc.
• No. of Lots -the total number of lots in the subdivision.
• BUA per Lot-the computed allowable built upon area for each lot includin s d irnppee us
surfaces located between the front lot line and the edge of pavement. APRg ��5
• Total allowable lot BUA-the computed allowable built upon area for all lot mbined.
• Total BUA from lot listing -the sum of built upon area allocated for each lot o�iYi a ist of non-uniform lots.
Form SW401-Low Density-Rev.3-2/10/09 Page 1 of 4

e!
.Calculation:
For uniform lot sizes:
(SA: ft2 x DF: (RA: f 2)—(OA: ft )=BUA per Lot= ft
(No of Lots: 16
For non-uniform lot sizes: Tu•1Ure CommOrt otcea re5er
a. (SA: 472499 f x DF: .24)—(RA: 15655 f 2)—(OA: 7500 f 2) =Total allowable lot BUA=90245 ft
b. Total BUA from lot listing: 5640sf. b must be<a
I1I. DESIGN INFORMATION
Complete the following table. If additional space is needed the information should be provided in the same
format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State
of North Carolina Erosion and Sediment Control Planning and Design Manual or at
http://hdse.nws.noaa.govPndse/pfds/
Table 1. Swale design information based on the 0-year storm.
Swale No. Drainage Impervious Grassed C Q Slope Valiow VWW,a Flow
.Area ac Area(ac) Area(ac) (cfs) % (fps) (fps) Depth ft
1 2.5 0.811 1.69 .48 7.8 0.004 4 1.83 0.75
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 iFA
19
20 '
BY:
Form SW401-Low Density-Rev.3-2/10/09 Page 2 of 4

IV. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A
NCAC 2H .1000,NCDENR BMP Manual (2007), Session Law 2006-246, and Session Law 2008-211.
Please indicate the page or plan sheet numbers where the supporting documentation can be found. An
incomplete submittal package will result in a request for additicnal information. This will delay final
review and approval of the project. Initial in the space provided to indicate that the following requirements
have been met and supporting documentation is provided as necessary. If the applicant has designated an agent
on the Stormwater Management Permit Application Form, the agent may initial below. If any item is not met
then justification must be attached. Only complete items n through p for projects with curb outlets.
Page/Plan
Initials Sheet No.
a.t For projects in the 20 coastal counties: Per NCAC 2H.1005, a 50 foot wide vegetative buffer
is provided adjacent to surface waters. For Redevelopment projects, a 30' wide vegetative
buffer adjacent surface waters is provided.
b.t For HQW or ORW projects outside the 20 coastal counties: A 30 foot wide vegetative buffer
is provided adjacent to surface waters.
A�� c.t For Phase II Post-Construction projects: All built upon area is located at least 30 feet
landward of all perennial and intermittent surface waters.
d. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to the sale of any lots.
e. Built upon area calculations are provided for the overall project and all lots.
f. Project conforms to low density requirements within the ORW AEC. (if applicable per
15A NCAC 2H .1007)
g. Side slopes of swales are no steeper than 3:1; or no steeper than 5:1 for curb outlet swales.
h. Longitudinal slope of swales is no greater than 5%;for non-curb outlet projects, calculations
for shear stress and velocity are provided if slope is greater than 5%.
i. At a minimum, swales are designed to carry the 10 year storm velocity at a non-erosive rate.
_ j. Swales discharging to wetlands are designed to flow into and through the wetlands at a non-
erosive velocity (for this flow requirement into wetlands, non-erosive is velocity<2 ft/s).
\ k. Swale detail and permanent vegetation is specified on the plans.
1. Swale detail provided on plans; includes grass type(s) for permanent vegetative cover.
m. Swales are located in recorded drainage easements.
n.tt Length of swale or vegetated area is at least 100 feet for each curb outlet.
o.tt The system takes into account the run-off at ultimate built-out potential from all surfaces
draining to the system(delineate drainage area for each swale).
p tt Curb outlets direct flow to a swale or vegetated area §WaF
r ,J �
t Projects in the Neuse,Tar-Pamlico,Catawba River basins,and Randleman Lake ma qu. l�i ff
tt Only complete these items for projects with curb outlets.
Form SW401-Low Density-Rev.3-2/10/09 Page 3 of 4 BY

,V. SWALE SYSTEM MAINTENANCE REQUIREMENTS
1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches
at any time; and grass will not be mowed too close to the ground or"scalped".
2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up,
erosion, and trash accumulation.
3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded
following sediment removal.
4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a
timely manner based on the monthly inspections. Side slopes must be maintained at the permitted slope.
5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every
significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts,
velocity reduction devices and piping.
6. Swales will not be altered,piped, or filled in without approval from NCDENR Division of Water Quality.
I acknowledge and agree by my signature below that I am responsible for the performance of 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: Scott Gerow, Member, Tioga, L LC
Address: PO Box 15970, Wilmington,NC 28540
Phone: [phone] Date:
Signature:
Note: The legally resp si le party should not be a homeowners association unless more than 50%of the lots have been sold and a
resident of the s h4sion has been named the president.
1, (f [ 1 t r E: 1"-4 o r r 15 , a Notary Public for the State of County of
NeW 0��;rDVCrdo hereby certify that (��C>Y\! personally appeared before me this
day of ��� - C o },and acknowledge the due execution of the forgoing swale maintenance requirements.
Witness my hand and official seal,
IKECEIVE
E. FEB 0 6 2015
No signature
fay:
SEAL My commission expires 5 J
Form SW401-Low Density-Rev.3-2/10/09 Page 4 of 4

TRC,?'JD ENGINEERING, R A.
. r CONSULTING ENGINEERS
102D CINEMA DRIVE
WILMINGTON,NORTH CAROLINA 28403
W W W.STR O U D E NGI N E E R.CO M
LICENSE NO.C-0647
The Knolls at Turkey Creek Section 1 Phase 2
State Stormwater Management Permit No. SW8 150211
Rocky Point Township,Pender County
ENGINEER'S CERTIFICATION
I, David L. Menius,P.E., as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project,
The Knolls at Turkey Creek Pender County
Project Name Location
for the Permittee hereby state that to the hest of abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the permit, the approved plans and specifications, and other
supporting materials.
Signature Registration No. -
CARO���111 l l i
Date 'Z la l�Zl , o�••f'SS1 . 4"!:'�
r•
a� SEAL 9 .
35677
.,,
IECE1VE
z
DEC 10 2U-21
UY.
W:lmasterlpw-1056\Erosion Control and StormwaterThase 1\KNOLLS STORM CERT SEC1 PH2.doc
107B COMMERCE STREET 102D CINEMA DRIVE 3302C BRIDGES STREET
GREENVILLE,NORTH CAROLINA 27858 WILMINGTON,NORTH CAROLINA 28403 MOREHEAD CITY,NORTH CAROLINA 28557
252.756.9352 910.815.0775 252.247.7479

II'I I II I I II' I II I I' II I 'I"I I"II 'll BOOK:4453 PAGE:298 10:53 31.000 E
Sharon Lear Willoughby.Pender County Register of Deeds Page 1 of 18
SLA)—s C)
PREPARED BY: Baker&Colby,PUC
RETURN TO: 1001 Military Cutoff Road,Suite 204
Wilmington,NC 28405
STATE OF NORTH CA.ROLINA COUNTY OF PENDER
DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS
T H E K N O L L S @ 'T U R K E Y C R E E K
THIS DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS,made the e day
of July,2014 by TIOGA,LLC,a North Carolina limited liability company,hereinafter referred to as`Declar-
ane,.
� ITN. ESaEIH
Whereas,Declarant is the owner of certain real property in Pender County,North Carolina,known
as"The Knolls @ Turkey Creek"described on that plat recorded in Map Book 56 at Page 46 of Pender
County Regisrty to which reference is made for a more particular description;
Whereas Declarant desires to place certain covenants and restrictions upon the lands described
above;
WHEREAS, Owners and Lenders desire to join this Declaration to consent to its property being
subjected to the covenants and restrictions herein.
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 pur-
pose of protecting the value and desirability of:,and which shall run with the land and be binding on and shall
inure to the benefit of all parties having any right, title or interest in the Property or any part thereof, their
heirs,successors and assigns.
ARTICLE I.
DEFINITIONS
SECTION 1.Association sha11 mean and refer to The Knolls @ Turkey Creek Homeowners As-
sociation,Inc., a.North Carolina non-profit corporation,its. successors and assigns,the owners association
organized for the purposes set fbi fki herein.
1
"Submitted electronically by Baker&Colby,PLLC in compliance with North Carolina statutes governing recordable
documents and the terms of the submitter agreement with the Pender County Register of Deeds."

BOOK:4453 PAGE:299 10810112014
0:53.31.000 E
Page Z of 18
Sharon Lear Willoughby.Ponder County Register of Deeds
SECTION 2. Common Area shall refer to all of that area labeled as Common Area, Open Space,
Active Area,Passive Area or the like upon plat of The Knolls @'Turkey Creek and shall be subject to all
local,state and federal rules and ordinances.
SECTION 3.Community Wide Standard. Declarant shall establish initially a standard for the con-
duct, construction,maintenance,replacement or other activity generally prevailing at The Knolls @'Turkey
Creek pursuant to Architectural Guidelines, Restrictions and Rules. Declarant may unilaterally amend said
standards as the development progresses.
SECTION 4.Declarant shall refer to TIOGA,LLC,a North Carolina limited liability company,its
successors and/or assigns (which designations shall include singular,plural,masculine and neuter as required
by the contest).
SECTION 5. Declaration shall mean this instrument as it may be from time to time amended or
supplemented.
SECTION 6.Development Perm means the period commencing on the date on which this Decla-
ration is recorded in the Pender County Register of Deeds and terminating on the earlier to occur of (i)
when Declarant no longer owns a Lot in the Subdivision; (H) the date that Declarant relinquishes in writing
Declaranes right to appoint Directors; or (iii) the occurrence of the date ten (10) years from the date of
recording the Declaration,renewable for an additional ten(10)year period with the consent of a majority of
Lot Owners other than the Declarant
SECTION 7.LotW shall mean and refer to any subdivided lot within the confines of the land de-
scribed above together with any dwelling situated thereon.
SECTION 8.MemberW,shall mean and refer to every person or entity that has a Membership in the
Association.
SECTION 9.Members shall shall mean and refer to the rights,privileges,benefits,duties,and obliga-
tions,which shall be inure to the benefit of and burden each Member of the Association.
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.
ARTICLE II.
FROPERTY RIGHTS AND EASEMENTS
SECTION 1. Owners' P=ertz Rights and Easement of Enig=ent in re . Every
Owner shall have and is hereby granted a right and easement of enjoyment in existing and any future Com-
mon Areas,if any,which shall be appurtenant to and shall pass with the title to every Lot,subject to the fol-
lowing:
(a) The Declarant and Association may make and amend reasonable rules and regulations governing
the use of any future Common Areas;
(b) The Association may levy fines in accordance with the North Carolina Planned Community Act
(Chapter 47F of the North Carolina General Statues).
SECTION 2. Easements in Favor of Declarant and the Association. The following easements are
reserved to Declarant and the Association,their successors and assigns:
2

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Sharon Lear Willoughby.Pender County Register of Deeds Page 3 of IS
r
(a) Any as shown upon that map of the property recorded in Map Book 56 at Page 46 of the
Pender County Registry.
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 in the perfor-
mance of their duties;
(b) in case of any emergency originating in or threatening any Lot or Common Areas,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 purpose of providing Remedial
Lot maintenance.
(d) the Declarant reserves the right to subject the teal property of this subdivision to a contract with
any and all utility companies as necessary including,but not limited to,installation of street light-
ing which may require it continuing installment payment to the utility provider by each residential
customer.
(e) the Association is granted an easement over each Lot for the purpose of repair or replacement
of any damaged units.
SECTION 4.Nature of Easements All easements and rights described herein are perpetual ease-
ments appurtenant,running with the land,and shall inure to the benefit of the binding on the Declarant and
the Association,their successors and assigns,and any Owner,purchaser,mortgagee and other person having
an 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.
AMENDMENTS
SECTION 1. AMen.imenr of Declaration by the Declarant This Declaration may be amended
without member approval 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 Property and Additional Property, or any portion thereof, for
tax-exempt status;
(e) +w include any platting change as permitted herein;
(fj to conform this Declaration to the requirements of any law or governmental agency having legal
jurisdiction over the Property or any Additional Property or to qualify the Property or any Addi-
tional Property or any Lots and improvements thereon for mortgage or improvement loans
3

1112014
BOOK:4453 PAGE:301 10`53:31.000 e
II'I I II I I II' I III I I I'I II I 'II'I I I I' I 'll Sharon Lear Willoughby.Pender County Register of Deeds Page 4 of 18
made,insured or guaranteed by a governmental agenry or to comply with the requirements of
law or regulations of any corporation or agency belonging to, sponsored by, or under the sub-
stantial control of the United States Government of the State of North Carolina,regarding pur-
chase 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 con-
trol,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 Project,the Federal Home
Loan Mortgage Corporation, Government National Mortgage Corporation,of the Federal Na-
tional 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 re-
quest 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.
SECTION 2.Amendment of Dcclaration.Except as provided above,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 Pender County,executed by the duly authorized officers of the Association upon the vote of not
less than two-thirds (2/3) 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 pay-
ment thereof established herein.
ARTICLE IV.
HOMEOWNER'S ASSOCIATION
SECTION 1. Formation of Association.The Association is a nonprofit corporation organized pur-
suant to the Nonprofit Corporation Act of the State of North Carolina for the purpose of establishing an
association for the Owners of Lots to (i own,operate and maintain the Common Areas, (h)to maintain the
Designated Common Area,(in) to maintain the Limited Common Areas,and (iv) serve as a member of The
Knolls @ Turkey Creek,all in accordance with this Declaration,the Association's Charter and Bylaws.
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.The Association shall have two classes of voting Membership:
(a) lass A. Class A members shall be all Owners with the exception of Declarant, and
shall be entitled to one vote for each lot owned. When more than one person holds an
interest in any lot,all such persons shall be members. The vote for such lot shall be ex-
ercised as they determine,but in no event shall more than one vote be cast with respect
to any lot.
(b) Class B Class B members shall be the Declarant and shall be entitled to three(3)votes
for each lot owned. The Class B membership shall cease and be converted to Class A
on the happening or either of the following events,whichever occurs earlier:
i. Sale of last lot owned by Declarant
ii. Ten(10) years from the recordation of this declaration.
SECTION 4. Government Permits. All duties, obligations, rights and privileges of the Declarant
under any water,sewer,storm water,and utility agreements,easements,and permits for the Project with mu-
nicipal or governmental agencies or public or private utility companies are at all times the responsibility of the
Association.
4

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Sharon Lear Willoughby.Pender County Register of Deeds Page 5 of 18
ARTICLE V.
INSURANCE AND BONDS
If it is economically advantageous to obtain group insurance over individual insurance, the following shall
apply.
SECTION 1. Insuranc . It shall be the duty of the Association to maintain in effect casualty and
liability insurance as follows:
(a) Amount and Scope of Insurance. All insurance policies upon the Common Areas shall be se-
cured by the Board of Directors,or its designee on behalf of the Association which shall obtain
such insurance against loss or damage by fire or other hazards normally insured against and such
other risks,including public liability insurance,as from time to time shall be customarily required
by private institutional mortgage investors for projects similar in construction,location and use
as the Project and the improvements thereon for at]east$1,000,000.00 for bodily injury,includ-
ing deaths of persons and property damage arising out of a single occurrence. Coverage under
this policy shall include, without limitation,legal liability of the insureds for property damage,
bodily injuries,and deaths of persons in connection with the operation;
(b)Insurance Provisions. The board of directors shall make diligent efforts to insure that said
insurance policies provide for the following
(1) a waiver of subrogation by the insurer as to any claims against the Association,
any officer,director, agent or employee of the Association,the Lot Owners and their em-
ployees,agents,tenants and invitees;
(2) a waiver by the insurer of its right to repair and reconstruct instead of paying
cash;
(3) coverage may not be canceled or substantially modified (including cancellation
for nonpayment of premium)without at least thirty days prior written notice to be named
insured and all mortgagees;
(4) coverage will not be prejudiced by act or neglect of the Lot Owners when said
act or negligent is not within the control of the Association or by any failure of the Associa-
tion to comply with any warrant or condition regarding any portion of the Project over
which the Association has no control.
(5) the master policy on the Common Areas cannot be canceled, invalidated or
suspended on account of the conduct of any one or more individual Lot Owners;
(6) the master policy on the Common Areas cannot be canceled, invalidated or
suspended on account of the conduct of any officer or employee of the Board of Directors
without prior demand in writing that the Board of Directors cure the defect and the al-
lowance of a reasonable time thereafter within which the defect may be cured.
(c) Premiums. All premiums on such insurance policies and any deductibles payable by the
Association upon loss shall be a common expense as described in Article VI,Section 4 herein:
(d) Proceeds An insurance policies purchased pursuant to these provisions shall provide that all
proceeds thereof shall be payable to the Berard as insurance trustee or m such attorney-at-law or
institution with trust powers as may be approved by the Board of Directors;
5

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io:ss:si.000
Page 6 of 18
Sharon Lear Willoughby.Pender Couuty Register of Deeds
(e) olicie .All insurance policies purchased by the board of Directors shall be with a company or
companies permitted to do business in the State of North Carolina.All insurance policies shall
be written for the benefit of the Board of Directors and the Lot Owners and any mortgagees as
their respective interests may appear,and shall provide that all proceeds thereof shall be payable
to the Board of Directors and duplicates of said policies and endorsements and all renewals
thereof, or certificates thereof, together with proof of payment of premium, shall be delivered
to the Owners at least ten(10) days prior to the expiration date with respect to the then current
policies. Duplicates shall also be obtained and issued by the Association to each mortgagee,if
any,upon request of such mortgagee;
(f) Individual Policies. The insurance coverage for the individual lots and the structure(s) thereon
shall be purchased as individual policies under such terms and conditions as the Association may
prescribe by the individual lot owners.Each lot shall be insured for its full replacement value;Lot
owners shall also be liable for payment of any claim made against the Association caused solely
by the negligent or willful act or behavior of said owner or their guests.
(g)Distribution of Insurance Proceeds.Proceeds of insurance policy for the Common Areas shall be
distributed to or for the befit of the beneficial owners in the following manner:
(1) all reasonable expenses of the insurance trustee shall be paid or provision made
thereof,
(2) the remaining proceeds shall be used to defray the cost of repairs for the
damage or reconstruction for which the proceeds are paid. Any proceeds remaining after
defraying such cost shall be distributed to the beneficial owners, including lienholders of
record,or retained by the Association for such common expenses or purposes as the Board
shall determine.
SECTION 2. Fidelity Bond. The association shall maintain blanket fidelity bonds for.all officers,
directors, employees, and all other persons handling or responsible for funds of the Association (provided,
however;that if the Association shall delegate some or all of the responsibility for the handling of its funds
to a management agent, such fidelity bonds shall be maintained by such management agent for its officers,
employees and agents handling or responsible for funds of or administered on behalf of the Association).
ARTICLE VI.
COVENANTS FORASSESSMENTS
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 Regular Assessments for the payment of the Common Ex-
penses and shall be made in the manner provided herein, and in the manner provided in the Bylaws. The
Regular Assessment is established for the benefit and use of the Association and shall be used in covering all
of the Common Expenses (collectively the"Assessments'D including,but not limited to,common area main-
tenance,road maintenance and payment of any taxes assessed on the common areas and elements.
The Assessments, together with interest,costs and reasonable attorney's fees, shall be a charge on the land
and shall be a 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 oblig-
ation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed by
them.
SECTION 2.Annual Assessments.The board of directors shall adopt a proposed annual budget at
least 90 days before the beginning of each fiscal year.Within 30 days after adoption of the proposed budget
6

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Sharon Lear Willoughby.Pender County Register of Deeds Page 7 0
18
for the Project,the Board of Directors shall provide all of the Lot Owners a summary of the budget and
notice of a meeting to consider its ratification including a statement that the budget may be ratified without a
quorum. The budget is ratified unless, at the meeting, a majority of all the Lot Owners in the Association
rejects the budget In the event the proposed budget is rejected,the periodic budget last ratified by the Lot
Owners shall be continued until such time as the Lot Owners ratify a subsequent budget proposed by the
Board of Directors.The annual assessment for each Lot shall be established based on the annual budget thus
adopted;provided,however,that the first Annual Assessment shall be set by the Declarant prior to the con-
veyance of the first Lot to an Owner.The due date for payment shall be established by the Board of Direc-
tors.The board of Directors shall have the authority to require the assessments to be paid in periodic install-
ments.
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_
SECTION 3.Special Assessments for Capital IMrovements In addition to the Annual Assessments
authorized above, the , ssodation 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,re-
pair,or replacement of a capital improvement upon any current or future Common Areas,including fixtures
and personal property related thereto,provided that any such assessment shall have the assent of a majority
of the members of each class who are voting in person or by proxy at a meeting duly called for this purpose.
SECTION 4. 7 s V=e Asses All premiums on insurance policies purchased by the Board
of Directors or its designee and any deductibles payable by the Association upon loss shall be a common ex-
pense, and the Association may in any assessment year levy against the owners equally an "Insurance As-
sessment",in addition to the Annual Assessments,which shall be in an amount sufficient to pay the annual
cost of all such deductibles and insurance premiums not included as a component of the Annual Assessment.
SECTION 5.R=of Assessment The Association may differentiate in the amount of Assessments
charged when a reasonable basis for distinction exists,such as between vacant Lots of record with completed
dwellings for which certificates of occupancy have been issued by the appropriate governmental authority,or
when any other substantial difference as a ground of distinction exists between Lots.However,Assessments
must be fixed at a uniform rate for all Lots similarly situated.
SECTION G.Working Capital. The Association is authorized to establish an amount to be collected
from each purchaser of a Lot(s)to be set aside in reserve.
SECTION 7. Commencement of Assessments Assessments for each Lot shall commence upon the
date of acceptance by an Owner of a deed from Declarant
SECTION 8. Declarant Obligation for Assessments During Declarant control period, Declarant
shall be responsible to cover any budget shortfall; specifically the difference between the actual expenses
charged the association less lot owner contributions.
SECTION 9. Rc • of Nono=ent of Assessments and Re_*nedies of the Association_ Any as-
sessment or installment thereof not paid within (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 per-
sonally obligated to pay the same, or foreclose the lien against the Owner's Lot. No Owner may waive or
otherwise escape liability of the Assessments provided for herein by non-use of the Common Area or aban-
donment of his Lot All unpaid installment payments of Assessments shall becomc immediately due and
payable_if an Owner fails to pay any installment within the time permitted.The Association may also estab-
lish and collect late fees for delinquent instaliments.
SECTION 10. Lien for Assess ants. The Association may file alien against a Lot when any As-
sessment levied against said Lot remains unpaid for a period of 30 days or longer.
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(a) The lien shall constitute a lien against the Lot when and after the claim of lien is filed of record
in the office of the Clerk of Superior Court of the county in which the Lot is located.The As-
sociation may foreclose the claim of lien in like manner as a mortgage on real estate under power
of sale under Article 2A of Chapter 45 of the General Statutes.Fees,charges,late charges,fines,
interest,and other charges imposed pursuant to Sections 47-E-3-102,47F-3-107A and 47F-3-115
of the Act are enforceable as Assessments.
(b) The lien under this section shall be prior to all liens and encumbrances on a Lot except(1)liens
and encumbrances (specifically including,but not limited to,a mortgage or deed of trust on the
Lot) recorded before the docking of the claim of lien in the office of Clerk of Superior Court,
and CH) liens for real estate taxes and other governmental assessments and charges against the
Lot.
(c) The lien for unpaid assessments is extinguished unless proceedings to enforce the tax lien are
instituted within three years after the docketing of the claim of lien by the office of the Clerk of
Superior Court.
(d) Any judgment,decree,or order in any action brought under this section shall include costs and
reasonable attorney's fees for the prevailing party.
(e) Where the holder of a first mortgage or deed of trust of record, or other purchaser of a Lot
obtains title to the Lot as a result of foreclosure of a first mortgage or first deed of trust, such
purchaser and its heirs,successors and assigns shall not be liable for the Assessments against the
Lot which became due prior to the acquisition of title to the Lot by such purchaser.The unpaid
Assessments shall be deemed to be common Expenses collectible from all the Lot Owners in-
cluding such purchaser,its heirs,successors and assigns.
( A claim of lien shall set forth the name and address of the association,the name of the record
Owner of the Lot at the time the claim of lien is filed,a description of the Lot,and the amount
of the lien claimed.
SECTION I L. Common Slaplus.If the Annual Assessments collected in any given year is in excess
of the actual Common Expenses for that year,the Association may,at its sole discretion,credit each Owner's
share of the Common Surplus to each Owner's payment as for the Annual Assessment for the following year.
ARTICLE VII.
Ag.CHITFC nJE AL CONTRA
SECTION 1.Committee Established.The Association shall at all times have as a standing committee
an architectural control committee,consisting of one or more persons.Each Committee member is appoint-
ed by,and serves at the pleasure of; the Board,unless the Board from time to time constitutes itself as the
Committee.The Board from time to time may designate alternate members,to serve in the absence of any
regular member.Absent Board action to the contrary, the Board is deemed to have constituted itself as the
Committee.
Committee members need not be Directors but must be a lot owner. No Committee member is entitled to
compensation for services performed;but the Board may employ independent professional advisors to the
Committed and allow reasonable compensation to such advisors from Association funds. Any Committee
action may be taken by a simple majority of its members,with or without a formal meeting or joint delibera-
tion,so long as each member is informed in advance of the action proposed.
SECTION 2. Developer's Rigbts. All duties and responsibilities conferred upon the Architectural
Review Committee by this Declaration or the By-Laws of the Association shall be exercised and performed
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by the Declarant or its Designee,so long as the Declarant shall own any lot in The Knolls @ Turkey Creels
or any additions annexed thereto by Supplemental Declaration or Amendment.
SECTION 3. Committee Authority The Committee has full authority to regulate the exterior ap-
pearance of the Lots to: (i) assure harmony of external design and location in relation to surrounding build-
ings and topography and(u) to protect and conserve the value and desirability of the Properties as a residen-
tial community.The power to regulate includes the power to prohibit those exterior uses, structures,condi-
tions,or activities inconsistent with the provisions of this Declaration or otherwise contrary to the best inter-
ests of all Homeowners in maintaining the value and desirability of the Properties as a residential community.
SECTION 4. Committee Approvat No building,improvement, fence, structure,addition,landscap-
ing, attachment, condition, excavation, alteration, or change (including any color change) may be made, in-
stalled,maintained,restored,or permitted to remain on or to the exterior of any Lot,unless made,installed,
maintained,or restored,as the case may be,substantially in compliance with plans and specifications reviewed
and approved by the Committee in advance.Notwithstanding the foregoing,the Committee's approval is not
required for(i)interior areas of a building, (ii) restoration of any previously approved building, structure,or
other item that is substantially identical in all respects to the original work,as approved,or (ui) for any item
that is concealed from view by improvements, structures, fencing, vegetation, or other items previously ap-
proved or installed.
SECTION 5.Objecti-w$tandards.In addition to any other express standard that may be provided by
this Declaration,all actions by the Committee must: (i) assure harmony of external design,materials,and lo-
cation in relation to surrounding buildings and topography within the Properties; and (ii) protect and con-
serve the value and desirability of the Properties as a residential community; and (till not conflict with the
express provisions of the Legal Documents;and(iv)otherwise be in the best interests of all Homeowners in
maintaining the value and desirability of the Properties as a residential community.
SECTION 6. Rules and Regi ig The Committee from time to time may adopt and amend rea-
sonable,uniform rules and regulations as to all matters'within the scope of its authority,including procedural
matters, so long as such rules and regulations are(i) consistent with the provisions of the Legal Documents;
and (ii)if the Board has not constituted itself as the Committee,approved by the Board before taking effect.
Rules and regulations adopted pursuant to this Section have the same force and effect as the Association's
other rules and regulations and are enforced by the Board in the name of the Association.
SECTION 7. Subjective Jud- In addition to complying with the objective standards of this
Declaration,Developer specifically intends the Committee members to exercise an informed, subjective aes-
thetic judgment as to any matters within the Committee's authority that is conclusive and binding upon any
person affected,absent bad faith,mistake,or deliberate intentional discrimination that cannot be justified on
any rational basis.Without limitation,and in recognition of the fact that each Lot is unique,no Committee
action with respect to any particular Lot necessarily is of any precedential value with respect to any other Lot.
Specifically,the fact that the Committee may have approved or denied a particular installation,condition,ac-
tivity, or item with respect to any particular Lot does not,by itself,constitute grounds for requiring such ap-
proval or denial with respect to any other Lot:. Each application for Committee action must be evaluated on
its own merits,with the Committee exercising the broadest discretionary judgment that is consistent with the
requirements of this Declaration.
SECTION 8.Review The Board from time to time may appoint one or more persons to make pre-
liminary review of any applications to the Committee and report such applications with such person's adviso-
ry recommendations for Committee action.If the Board has not constituted itself as the Committee,provi••
sion must be made for review bit the Board of Committee decisions at the request of the applicant,subject to
such reasonable limitations and procedures as the Board considers appropriate.The Association's procedures
for review and enforcement of the provisions of this article in all cv=ts and at all tunes must provide any
affected person with reasonable advance notice and a reasonable opportunity to be heard in person and
through appropriate representatives of such person's choosing in a reasonably impartial manner.
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SECTION 9.Appliications.Any applications for Committee approval must be accompanied by three
sets of plans and specifications,together with such renderings,samples,models,and other information as the
Committee reasonably may require.Any application submitted other than by a Homeowner must attach the
Homeowner's written consent to the approval requested. Any application for installation of any building or
other permanent structure must include a landscaping plan and detailed plot plan of any permanent im-
provements and structures. If requested, the Committee may require the preliminary staking of such im-
provements and structures according to such plan for Committee inspection.Any application for the initial
installation of any residential dwelling also must include a grading and drainage plan and tree survey. Any
costs of filing and processing an application pursuant to this Article are at the expense of the applicant;and
the Association also may impose a reasonable,uniform application fee to defray its costs.
SECTION 10. Procedure.Within 60 days after receiving an application,the Committee either must
approve the application as submitted or notify the applicant of (i)the Committee's intent to deny the applica-
tion,or(ii)any additional plans,specifications,drawings,or other items that the Committee will require to act
upon the application, or (iii) both of the foregoing.The Committee's failure to so notify the applicant is an
approval of the application submitted.Upon receiving the foregoing notice,the applicant may request a hear-
ing before the Committee, at which the applicant,personally and through representatives of the applicant's
choosing,is entitled to a reasonable opportunity to be beard in a reasonably impartial manner, after reason-
able advance notice. No particular formality is required for any of the Committee's proceedings, including
any hearing,nor is any record required other than a written statement fairly summarizing the material features
of any Committee action.Unless the applicant agrees otherwise,the Committee must approve or disapprove
any application within 75 days after receipt.
SECTION 11.A1212 The Committee's approval is deemed given under any of the following cxr-
cumstances: @ the Committee fails to deny any application within 75 days after receipt,unless the applicant
agrees to a longer period of time;or (u) the Committee fails to notify the applicant of its intent to deny an
application,or that further information is required,within 60 days after receipt of an application;as provided
in the preceding Section;or(iii)no suit,action,or other proceeding is instituted by the Association within one
year after substantial completion with respect to any use, activity, structure,installation, condition, or other
item installed,maintained,or restored without application to the Committee.In all other events,the Commit-
tee's approval must be in writing and endorsed upon two sets of the plans and specifications, one of which
must be returned to the applicant and one retained in the Association's permanent records for a period of at
least five years.Upon completion of the approved work,the applicant and any architect,engineer,contractor,
or other responsible professional must certify to the Association in writing that the work has been completed
substantially according to the approved plans and specifications;and no Statute of Limitations begins to run
in favor of any Homeowner or other applicant with respect to any substantial non-conformity to the ap-
proved plans and specifications until such certificate is filed.
SECTION 12. Cha_ ngrs.Any material change to any plans and specifications approved by the Com-
mittee also must be approved by the Committee as provided in this Article, except that the Committee will
expedite, to the extent practical, any such application that is made while construction is in progress. The
Committee in no event is required to act upon any such application in less than 15 days,however.
SECTION 13.Notice of Action.No suit,proceeding, or other action to enforce the provisions of
this Article may be commenced or continued, nor may any of the provisions of this Article be enforced,
against any person who acquires any interest in a Lot without actual knowledge that a building or other struc-
ture(including walls and fencing)was installed,maintained,or restored,as the case may be,in violation of the
requirements of this Article unless such suit,action,or other proceeding is commenced within one year after
such building or other structure was substantially complete and a lis pendens or other notice of the pendency
of such action is recorded within such time period.No such action may be commenced,continued,or other-
wise enforced against any purchaser or creditor who acquires an interest in,or a lien upon,any Lot for value,
other than.pre-existing indebtedness,and without actual knowledge of any such violation,if such purchaser
or creditor obtained a statement under penalty of perjury from the applicable Homeowner that no violation
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existed on such Lot at the time value was given or paid. Upon payment of any reasonable uniform charge
that the Association,from time to tune may impose to defray its costs,the Association within ten days after
request will issue an appropriate certificate of compliance or noncompliance, as the case may be,with the
provisions of this Arrticle that is binding and conclusive as to the information its sets forth upon both the
Association and any person without actual knowledge to the contrary.
SECTION 14.Developer Action.Notwithstanding any provision of this Article,no Committee ap-
proval is required for any residential dwelling or any of its appurtenances constructed or authorized by De-
clarant on any Lot,so long as it otherwise conforms to the applicable requirements of this Declaration.The
foregoing exemption is for the exclusive benefit of a Declarant and may not be extended by Declarant to any
Builder or any Homeowner other than Declarant
SECTION 15.Hold Harmless. The Declarant,Association,and Architectural Review Committee do
not warrant and make no representations regarding the quality of any building,improvement,structure,addi-
tion,landscaping,attachment,condition,excavation,alteration,or change located upon any lot. All owners
hereby hold harmless the Declarant,Association, or Architectural Review Committee from any and all dam-
ages that may result from the installation,construction,maintenance or the like with regards to any improve-
ments or additions.
ARTICLE VIII.
USE RESTRICTIONS AND MAINTENANCE
SECTION 1.Ilse Restrictions.
(a) Dmd fi g Size The minimum heated square footage of each dwelling shall not be less
than 1,100 square feet.
(b)Land Use and Build+_na Tune.No Lot shall be used for any purpose except for residential
purposes.All numbered Lots are restricted for construction of dwellings in accordance with the plat of The
Knolls @ Turkey Creek.
(c) Nuisances No noxious or offensive activity shall 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 de-
stroy the enjoyment of other Lots by the Owner thereof It shall be the responsibility of each Owner to pre-
vent any unclean,unsightly or unkempt condition of buildings or grounds on the Owner's Lot which would
tend to decrease the beauty of the neighborhood as a whole or the specific area.
(d) Temporary Structures. No structure of a temporary character, trailer, basement, tent,
garage, barn, or other temporary outbuilding shall be used on any Lot any time as a residence either tem-
porarily 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 Project until the construction of dwellings on all Lots and improvements are com-
pleted.
(e)Vehicles/Boats/Etc No camper,trailer,motor or mobile homes,tractor/trailer,or sim-
ilar type vehicle,bicycles,scooters,toys or other personal articles shall be permitted to remain on any Lot or
on any street at any time.No inoperable vehicle or vehicle without current registration and insurance will be
permitted on any Lot or street. 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 the streets or in drivevrays,but only in garages
or other areas not visible from the street. No vehicle belonging to an owner or to a member of the family or
guest,tenant,or employee of an owner shall be parked in such a manner as to impede or prevent ready access
to another owner's lot. The owners,their employees,servants,agents,visitors,licensees and the owner's fami-
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ly will obey the parking regulation posted on the private streets and drives and any other traffic regulations
promulgated in the future for the safety,comfort and convenience of the owners.
(f)Animals.No animals,livestock,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 provided further that they are not allowed
to run free,are at all times kept properly leashed or under the control of their owner and do not become a
nuisance to the neighborhood. Pet owners shall be responsible to immediately and properly dispose of any
pet waste on common areas or roadways.
(g) Nuisances. No owner shall make or permit any noises that will disturb or annoy the
occupants of any of the lots in the development or do or permit anything to be done which will interfere
with the rights,comfort or convenience of other owners.
(h) Statuary,TV 5atellite Dishes and Outside Antennas.No yard statuary,yard art, 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 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, satellite dishes not
over eighteen(18)inches in diameter which cannot be seen from the street are permitted.
(i) Construction in AnyEut«re rnmmoa Area. No person shall undertake,cause or allow
alteration or construction in or upon any portion of future Common Areas except at the direction or with
the express written consent of the Association or as permitted by this Declaration.
ubdividmg Subject to any rights reserved to the Declarant herein, no Lot shall be sub-
divided,or its boundary lines changed except with the prior written consent of the Declarant during the peri-
od of Declarant control of the Association and thereafter by the Board of Directors of the Association.
(k)Trash.Each owner shall keep such owner's lot in a good state of preservation and clean-
liness and shall not sweep or throw or permit anything to be swept or thrown therefrom,or from the doors
or windows thereof,any dirt or other substance.All garbage and refuse from the lots shall be deposited with
care in garbage containers intended for such purpose only at such times and in such manner as the Board of
Managers/Directors may direct All trash cans must be kept from view from the street except on trash pickup
days.Trash cans must be removed from the street within 24 hours of trash pickup.
(1) Christmas Decorations.Christmas decorations may only be exhibited between November
20 and January 7 of the following year.
(m)Bgjp. No flags shall be flown upon any lot or common area in the subdivision with the
exception of the flag of the State of North Carolina and the flag of the United States of America.No flags
of any kind may be displayed upon vertical flag poles.No flag may be displayed larger that 4'x6'.
(n)Political Signs.No political signs may be displayed upon any common areas or individual
lots within the subdivision.
(o) Damoac Liability.Any damage to buildings,recreational facilities,or other common ar-
eas or equipment caused by owners,their children or their guests shall be repaired at the expense of the own-
er.
(p) Amendment and Revocation. Any consent or approval given under these Community
rules by the Board of Managers shall be revocable at any time. These Community Rules may be added to or
repealed at any time by the Board of Managers/Directors,
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SECTION 2.Maintena icP_ To the extent the association is not obligated to provide maintenance
pursuant to this Declaration,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 full amount of the cost thereof chargeable to the Owner's Lot,in-
cluding collection costs and such amounts shall be due and payable within thirty(30) days after the Owner is
billed therefore. Such lien shall be enforceable by Court proceedings as provided by law for enforcement of
liens.In the event that any maintenance activities are necessitated to any future Common areas by the willful
act or active or passive negligence of any Owner,his family,guests,invitees or tenants 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
and shall become a lien against the Lot.
ARTICLE IX.
GENEEAT PROVISIONS
SECTION 1. Restrictions on Turisdictional Wetlands. The areas denoted as Wetlands shown on the
recorded plat entitled"The Knolls @ Turkey Creek"recorded in Book 56 at Page 46 in the Pendex County
Register of Deeds shall be maintained in perpetuity in a natural and managed condition.
This covenant is intended to ensure continued compliance with the mitigation condition of a Clean Water
Act authorization issued by the United States of America,U.S.Army Corps of Engineers,Wilmington Dis-
trict,Action ID 200400941,and,therefore,may be enforced by the United States of America.This covenant
is to run with the land and shall be binding on the Owner and all parties claiming through or under it,includ-
ing,but not limited to any adjacent homeowner's or any homeowners' association to whom the owner may
assign or convey its rights.Modification of this particular Section 13 of Article VI will require written con-
sent of the United States Army Corps of Engineers.
The wetland map referred to in paragraph one of this Section designates Wetland areas.Notwithstanding the
provisions of this Section,the following activities will be permitted in Wetland areas without further consent
of the United States Army Corps of Engineers:establish and maintain pervious surface,nature trails;remove
noxious or poisonous plants such as poison ivy,poison oak;repair or,remove storm damage and/or dying or
diseased vegetation and trees; erect, build and maintain pile supported structures not requiring permits pur-
suant to 33 CFR 323.3.
SECTION 2. Stormwater Management The following covenants are intended to ensure ongo-
ing compliance with State Stormwater Management Permit Number SW8 130514 as issued by the
Division of Water Quality under NCAC 2H.1000.
The maximum allowable built-upon area per lot is 4,50W)s,juare 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,but does not include raised, open wood decking, or the water
surface of swimming pools. The covenants pertaining to storm water regulations may not be changed or
deleted without concurrence of the Division of Water Quality. Filling ir4 piping or altering any vegetative
conveyances (ditches, swales,etc.) associated with the development except for av*rage driveway crossings,is
strictly prohibited by any persons. In case of a lot within CAMA's regulated AEC, where the Division of
Coastal Management calculates a di 5crent maximum allowable built-upon area that lot than is shown herein,
the governing maximum built-upon, area that lot shall be the most restrictive of the two. Each designated
curb outlet swale shown on the approved plan must be maintained at a minimum of 100'long with 5:1 (H;V)
side slopes or flatter,have a longitudinal slope no steeper than 5%,carry the flow from a 10-year storm in a
non-erosive manner,and maintains dense vegetated covet Further,filling in,piping or altering any designat-
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ed 5:1 curb outlet swale associated with the development is prohibited by any persons.
The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain
compliance with the Stormwater management permit. Alteration of the drainage as shown on the approved
plan may not take place without the concurrence of the Division of Water Quality.These Covenants are to
run with the land and shall be binding on all persons and parties claiming under them.The Covenants per-
taining to storm water may not be altered or rescinded without the express written consent of the State of
North Carolina,Division of Water Quality.No lot owner is allowed to pipe or fill in any swale or ditch used
to meet the storm water regulations,except for driveway culverts.Each lot will maintain a 30'wide vegetated
buffer between all impervious areas and surface waters.All roof drains shall terminate at least 30' from the
mean high water mark of surface waters.
All owners-shall be responsible to ensure continued compliance with the rules and regulations with regard to
their individually owned property. Lot owners shall not pipe or fill-in any swale or ditch that is a requirement
under the storm water regulations,except for driveway culverts.These Covenants are to run with the land and
shall be binding on all persons and parties claiming under them.The Covenants pertaining to stormwater may
not be altered or rescinded without the express written consent of the State of North Carolina,Division of
Environmental Management. Responsibility to ensure continued compliance with the above referenced per-
mit shall transfer to the Association once Declarant has conveyed fifty percent (50%) of the lots initially
owned by Declarant.
.SECTION 3. Rights of Institutisznal Note Holders.Any institutional holder of a first lien on a Lot
will,upon request,be entitled to(a)inspect the books and records of the Association during normal business
hours, (b) receive an annual audited financial statement of the Association within ninety(90) days following
the end of its fiscal year, (c) receive written notice of all meetings of the Association and right to designate a
representative to attend all such meetings, (d)receive written notice of any condemnation or casualty'loss that
affects either a material portion of the Project or the Property securing its loan, (e) receive written notice of
any sixty-day(60)delinquency in the payment of assessments or changes owed by any Owner of any proper-
ty which is security for the loan,(�receive written notice of a lapse,cancellation,or material modification of
any insurance policy or fidelity bond maintained by the Association, (g) receive written notice of any pro-
posed action that requires the consent of a specified percentage of mortgage holders, and (h) be furnished
with a copy of any master insurance policy.
SECTION 4.Utility Service.Declarant reserves the right to subject the Property to contracts for the
installation of utilities,cable'IV and street lighting,which may require an initial payment and/or a continuing
monthly payment by the Owner of each Lot.Each Lot Owner will be required to pay for any water connec-
tions,sewer connections,impact fees or other utility service to the Lots.In the alternative,the Developer may
collect such connection,impact and other fees,charges directly from the Lot Owners. All Lot Owners shall
be required, for the household purposed,to use water and sewer supplied by the companies/governmental
units servicing the Project. Separate water systems for outside irrigation and other outdoor uses shall not-be
permitted without the consent of the Declarant or the Association.
SECTION 5. S v ra ili . Invalidation of any one of these covenant or restrictions by judgment or
court order shall in no way affect any other provisions which shall remain in full force and effect
SECTION 6.Lots Subject to Declaration/Enforcement.All present and fixture 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 con-
veyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute an agree-
ment 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 proceedings
at law or in equity) 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 any Lot, as
though such provisions were made a part of each and every deed of conveyance or lease,for a term of twen-
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ty(20)pears from the date this Declaration is recorded,after which time they shall be automatically extended
for successive periods of (10)years,unless terminated by the Lot Owners.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 7. Liability of Declarant The affirmative vote of no less than two-thirds (2/3) of all
votes entitled to be cast by the Association Members shall be required in order for the Association to(1),file a
complaint,on account of an act or omission of the Declarant,with any governmental agency which has regu
latory or judicial authority over the Project or any part thereof;or(2)assert a claim or sue the Declarant.
AMCLE X_
FUTURE DEVELOPMENT
SECTION 1.Developer map,from time to time,without the assent of any other entity,annex to and
make part of the Subdivision any other real property which Developer now owns or later acquired(the'Ad-
ditional Property',upon such terms and conditions and subject to covenants and restrictions, as the Devel-
oper,in its sole discretion,shall deem reasonable and appropriate.
SECTION 2. Each such annexation of Additional Property shall become effective upon the record-
ing of an amendment to this Declaration, duly executed by the Developer, specifically describing the Addi-
tional Property annexed to the subdivision,and setting forth the terms and conditions upon which such Ad-
ditional Property is annexed to the Subdivision and the covenants and restrictions to which such Additional
Prope:i shall be subject
IN WITNESS WHEREOF, the undersigned has caused this Declaration to be exe-
cuted the day and year first above written.
Notary p b,AFC p.KFtI DECLARANT:
MY C0r n e-r 0JJn Car TIOGA,
Dec ission Mber l y, )(S s na By. )
R•AT•
Scott Ger emb ger
NIP) 40"W County,North Carolina
I certify that the following person(s) personally appeared before me this dap, each acknowledging to
me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capaci-
ty indicated Scott Gerow,Member/Manager of TIOGA,LLC
Date:
Printed Name: �VX(JA C Vv::c,Al _Notary Public
My commission expires: i41`1 1 40 I o
15

BOOK:4453 PAGE:313 10:53:31.000 E
11111
I II"'II 111111111111111111111
II'IIII 'II'IIIIII 'll Sharon Lear Willoughby.Pei ider Comity Register of Deeds Page 16 of 18
LENDER:
Corning Federal)Credit Union
ByQ mot,( (SEAL)
Commercial Lending Officer
New Hanover County,North Carolina
I certify that the following person(s) personally appeared before me this day,each acknowledging to
me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capaci-
ty indicated: Blaine Minor, Commercial L—A4"a Officer of Corning Federal
Credit Union
Date: 8/6(2014
Printed Name: Janet R. Meyland _Notary Public
y� .15, 14/15
My cogstnis on expires.
ta0Tq ivy:
z ,QG
;TSTIE-'E:LfGEAL)
COUN ;,,� s A MacDonald
New Hanover County,North Carolina
I certify that the following person(s) personally appeared before me this day,each acknowledging to
me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the mpaci-
ty indicated:James A.MacDonald
Date: 8/6/2014
Printed Name: `anet+R; e a Notary Public
ET A.
My commission expires:
05/14/15
-Z etic
COUN .�'���
16

11111 Jill 111111111111111111111 BOOK:4453 PAGE:314 1053 31.000
Sharon Lear Willoughby.PenderCounty Register of Deeds Page 17 of 18
—� (SEAL)
Andrew John W&s
tw 4w County,North Carolina
I certify that the following person(s) personally appeared before me this day,each acknowledging to
me that he or she voluntarily signed the foregoing document for the putpo to d therein and in the capaci-
ty indicated:Andrevv John Wells
Date: '
w Printed. me: PVZNt ^1411Notaty Public
My commission expires:
oex c 0,e
v
Notoi G?*Go
18

8/08/2014
BOOK:4453 PAGE:315 10:53:31.000 e
Sharon Lear Willoughby.Pender County Register of Deeds Page 18 of is
'' � ��_ (SEAL)
"'James I.Girton
X
(SEAL)
Vivian J. Girton
V J AikOt W/ County,North Carolina
I certify that the following person(s)personally appeared before me this day,each acknowledging to
me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capaci-
ty indicated:James I.Girton and Vivian J. Girton
�c7
Date: ` , \
Printed Name: �`�J I 'n Notary Public
My commission expires: 2 I �'
g,Gann
iaot&etnPublic
dew Haridver county
North Carolina
�; se4` CnrY n�lss?ort x ires 6 21 2016
17

Doe No: 20014230
Recorded: 08/23/2018 02:44.44 PM
Fee Amt: $26.00 Page 1 of 3
Pender County North Carolina
Sharon Lear Willoughby,Register of Deeds
BK 4626 PG 2511 -2513(3)
14
Prepared by: Sarah R. Buzzard,Hodges Coxe Potter&Phillips,LLP
Return to: 3907-100 Wrightsville Ave,Wilmington,NC 28403
CORRECTIVE OR SCRYVENER'S AFFIDAVIT [NC Gen. Stat. &47-36.11
Names of Original Parties:
GRANTOR: TIOGA,LLC
GRANTEE: THE KNOLLS @ TURKEY CREEK
TYPE OF DOCUMENT: SECOND AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS AND
RESTRICTIONS FOR THE KNOLLS @ TURKEY CREEK
RECORDING INFORMATION: November 24,2015,Book.4610,Page 2528,Penrler County Registry
NAME OF AFFIANT: Scott Gerow,Member/Manager of Tioga, LLC
Affant is knowledgeable of the intention of the parties as Member/Manager of Tioga,LLC.Notice is hereby given by affiant that a
minor error was made,as follows:
The Second Amendment to the Declaration of Covenants Conditions and Restrictions for the Knolls @ Turkey Creek
referenced an incorrect Book and Page number for the original recorded Declaration of Covenants Conditions and Restrictions
for the Knolls @ Turkey Creek. The original recorded Declaration of Covenants Conditions and Restrictions for the Knolls @
Turkey Creek was recorded in Book 4433 at Page 298 of the Pender County Registry.This affidavit is recorded in order to
identify this minor error.
This affidavit is made in accordance with the provisions of NC Gen.Stat. §47-36.1
TIOGA,LLC
f'
Scott Ger em anager
State of North Carolina-County of New Hanover
1,the undersigned Notary Public of the County of New Hanover and State aforesaid,certify that Scott Gerow,personally
appeared before me this day and acknowledged that he is a Member/Manager of TIOGA,LLC,a limited liability company,andthat
by authority duly given and as the act ofthe limited liability company,the foregoing instrument was duly executed by Scott Gerow as
its Member/Manager for the purposes therein expressed.
440,
Witness my hand and Notarial s f day of August,2016.
MM#
t kRY _,..
M Commission Ex Tres: � � ZDZ I '0 m ota Public
Y p # t4+ ► Rean,e f3 ur rd ry
(Affix Seal) µ_„�ntyEl�p $ s otary's Printed Name
156 zECEW
El E
cy PUBO'C' �- _
Q=C 10 tut 1
hMrrar�atlq+�`\, -�
BY.

Sk 4M
BK 4610 PG 2528 - 2529 (2) DOC# 20004887 Pa 2512
This Document eRecorded: 11/24/2015 11:12:24 AM
Fee: $26.00 DocType: AMEND Tax: $0.00
Pender County, North Carolina
Sharon Lear Willoughby, Register of Deeds
STATE OF NORTH CAROLINA
COUNTY OF PENDER
SECOND AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS
AND.RESTRICTIONS FOR THE KNOLLS Q TURKEY CREEK
THIS AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS
AND RESTRICTIONS FOR TIE KNOLLS (a)) TURKEY CREEK made this -day of'No-
vember, 2015 by and between TIOGA, LLC, a North Carolina limited liability company (here-
inafter referred to as"Declarant").
WITNESSETH :
WHEREAS, the Declarant has developed a subdivision in Pender County known as The
Knolls @ Turkey Creek (hereinafter "Subdivision"); said subdivision being shown on that map
recorded in Map Book 56 at Page 46 of the Pender County Registry;
WHEREAS, the Declarant caused a Declaration of Covenants Conditions and Restric-
tions (hereinafter"Covenants'� for the Property to be recorded in Book 4453 at Page 298 of the
Pender County Registry;
WHEREAS,pursuant to Article X,the Covenants provide for the annexation of addition-
al property into the Subdivision;
WHEREAS,the Declarant has recorded a map in Map Book 58 at Page 86 of the Pender
County Registry showing additional lots which,Declarant desires to annex into the Subdivision;
and
NOW T_BEREFORE, Declarant, does hereby amend the Covenants recorded in Book
4453 at Page 296 of the Pender County Registry as follows:
submitted electronically by "Colby & Nincey, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Pender county Register of Deeds.

BK 4610 PG 2529 DOC#20004887 ak46M
p9 2513
I_ All of the property shown on the map recorded in Map Book 58 at Page 86 of the Pender
County Registry is hereby made subject to the Covenants set out by Declarant in Book 4453 at
Page 258 of the Pender County Registry.
IN WITNESS THEREOF,the parties have hereunto set their hand and seal.
TIOGA,LLC
B C71)
y .. ._____ (SEAL)
. u
Scott Gerov!,, embedManger
,r,
STATE OF NORTH CAROLINA,COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid, certify that Scott Gerow personally
appeared before me this day and acknowledged that he is Member/Manager of TIOGA, LLC,
and that by authority duly given and as the act of the limited liability company,the foregoing in-
strument was signed in its name by its Member/Manager.
Witness my hand and official stamp or seal,this AN day of November,2015.
Notary Pub '
My commission expires:
Q j
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