SW8151209_Historical File_20220228

I ll t t I�1IV
Doc No: Zo014231
Recorded: oB/P32o18 02:ag; PM Fee Ant �B Page 1 of 3
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Pender�,,,,ny North Carolina
Sharon Lear Willouhb Register of Deeds
SK 462S PG 2s1,1-2 Is(3)
Prepared by: Sarah R. Buzzard.Hodges Coxe Potter&Phil4s,LLP
Return to: 3907-100 WrigNsv ille.Ave,Wihnington,NC 21403
STATE OF NORTH CAROLI iA_
COUNTY OF TENDER
"THIRD AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS
AND RESTRICTIONS FOR THE KNOLLS a*TURKEY CREEK
THIS THIRD AIENDMFNTTO THE DECLARATION OF COVENANTS CONDrl O S
AND RESTRICTIONS FOR THE KNOLLS g TURKEY CREEK, made this S1" day of
Aiugu,st,2'416,by TIOGA,LLC,a North Carolina limited liability company,hereinaftcr refereed to as
"Declarant"-
WITNESSETH:
WHEREAS, the Declarant has developed a subdivision in Pender County known as I he
Knolls @ Turkey Creek (hereinaftr "Subdivision"); said Subdivision being shown on that map
recorded in TAV Book 56 at Page 46 of the Pender County Registry;
WHEREAS,the Declarant caused a Declaration of Covenants Conditions and Restrictions
thereinafter''Covenants")for the Subd.#vision to be recorded in Book 4453 at Page 298 of the Pender
County Registry;
WHEREAS, pursuant to Article i:IL Section 1(f), the C:ovenanta may be amended by the
Declarant to conform with die rc quiroments of any lacy or govemmental agency having legal
jurisdiction over the property of the Subdivision;
WHEREAS, the Declarant desims to amend the Covenants pursuant to said article and
section;
WHEREAS,pursuant to Article X,the Covenants provide for the annexation of additional
prcpeM,into the S--abdivision; ;; CE'vE
5 D;C 1 0 2021

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'vNTEREAS, Cite Declarant has recorded a map in'dap Book 59 at Page 93 of the Pender
County Registry showing additional Tuts vdiich Dcclartnt desires to annex into the Subdivision.
NOW.THEREN OR.F,Declarant do°s hereby amend the Covem is recorded ira Book 4443 at
Page 298 of the Pender County Registry as follows:
1. All of the property shown on the map mxmrded in Map Benk 54 at Page 93 of the
Pender County Reghany is hereby made su*,ct to the Covenazuts set out by Declarant
in Book 4453 at Page 299 of the Pender County Registry,
2. Article K Section 2 shall be amended to include the following;
The following covenants for The Knolls at Turkey Creek Section 2 art intended to
ensure Ongoing compliance with State Stonnwater Management Permit plumber SW8
151209 as issued by the Division of Water Quality render the Stormwater Management
flegulations,Title 15A NCAC 2H.1400 and S.L. 2005-246.
The State of North Carolina is made a beneficiary of these covenants to the extent necessary
to maintain complimme with the storrnwater management perrriit.These covena s are to run
with the land and 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 Water Quality. Alteration of the drainage as
shown on the approved plan may not take place without the concurrence of the Division of
Water Quality.
The maximum allowable built-upon area per lot is I- This allotted amount
includes any built-upon area constructed vein the lot property boundaries,and that portion
of the right-of-way betwecu the front line and thy: edge of the pavement. Built upon area
includes,but is not limited to, structures, mphalt. concrete,gravel, brick, stone, slate, and
coquina,but dunes not include raised,open wood decking,or the water surface of swimming
pools.In the case of a conflict within CAMA's regulated AP'C,where the Division ofCoastal
1\4anagemcnt calculates a different maximum allowable built-upon area for that lot than is
shown herein, the gdvaning maximum built-upon area for that lot shall be the most
restrictive of the two. Filling in or piping;of any vegetative conveyances(ditches, swales,
etc.) aswciated with the development except for average driveway crossings is strictly
prohibited by any persons.Each lot will maintain a 50 foot wide vegetated buffer men all
impen i,ous areas and surfa=waters.All roof drains shall terminate at least 50 foot from the
mean high vA-ater marls of surface waters.
Any individual or entity found to be in noncompliance with the pro-visions of the stormwater
management permit:or the requirernems,of the stormwater rules found in.Title 15A NCAC
2H,1.000 and Sc slon Laws 2GO6 246 and 2008-21.1 is sul jecl to enforccm&rt procedures as
set forth in 1ti.C.G.S.A. Ch. 14'),Aft, 21.

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P9 25l e
VN W!T EMS WHEREOF,the Declarant has hereunto set its hand and sea!as of the day
and e-a,r first Above written.
_ ECLARJ.i1 T:
TIOGA,L:LC
Y
1
Scatt Ger�V a e^Ia�ager
L2
Stat.-of North Carolina-County of New Hanover
1,the undersigned Notary Public of the County of N ew Hanover and State aforesaid,certity that Scott Gerow,
personally appeared before me this day and acknowledpel that he is aMember/Matia„erofTIOGA,LLC,a
limited liability company,and that by authority duly given and as the act of the limited liability company,the
foregoing instrument was duly executed by Scott Geraw as its Mexub er/Manager for the ptrpmes therein
expressed.
Witness my hand and Notarial stamp or seal this 5*1^ day of August,2016.
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BOOK:4453 PAGE:298 10:53 31.000 E
Sharon Lear N711oughby.Ponder County Register of Deeds Page 1 of 18
PREPARED BY: Baker&Colby,PLLC
RETURN TO: loot Military Cutoff Road,Suite 204
Wllrnington,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 f E, K
THIS DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS,made the Y� day
of July,2014 by TIOGA,LLC,a North Carolina limited liability company,hereinafter referred to as"Declar-
ant".
I T N F, H
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.
Noaq 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 shall mean and refer to The Knolls @ Turkey Creek Homeowners As-
sociation,Inc.,a North Carolina non-profit corporation,its successors and assigns,the 01
�pt;C,.���
organized for the purposes set forth herein. ��)
6 J 1 Q 1UL1
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 tender County Register of Deeds."

II 'I'I l I II' I II I I I I'I II I 'II'I I 'I' I 'll BOOK:4453 PAGE:299 P y!e2:af 600 E
Sharon Lear Willoughby.Pender County Register of Deeds
SECTION 2. Common Are 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 S andard. 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 context).
SECTION 5. Declaration shall mean this instrument as it may be from time to time amended or
supplemented.
SECTION 6.Development Period 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 ()
when Declarant no longer owns a Lot in the Subdivision; (ii) the date that Declarant relinquishes in writing
Declarant's 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.MembershW 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.Etgp_e_rty shall mean the Property as defined in the preamble to this Declaration.
ARTICLE II.
PROPERTY RIGHTS AND EASEMLNTS
SECTION 1. Owners'Pro egrtty Rights and Fasement of Enjg=cnt in the Common Area. 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 ate
reserved to Declarant and the Association,their successors and assigns:
2

II 'I II"'II I I'I II I 'II'I I"" 'I' BOOK:4453 PAGE:300 108/0812014 0:53:31.000 e
Sharon Lear Wlllough6y.Pender County Registerof Deeds Page 3 of 18
(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 0 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 malting 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 real 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 a 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. Natn_+p 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.
AMENDMENT'S
SECTION 1. Amendment 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) to include any platting change as permitted herein;
(f) 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

II'II II I I II' I II I I I I'I II I 'II'I I II" 'II BOOK:4453 PAGE:301 0110812014 E 110:53:31.000
Sharon Lear Willoughby.Pender County Register of Deeds Page 4 of 18
made,insured or guaranteed by a governmental agency or to comply with the requirements of
law or regulations of any corporation or agency belonging to, sponsored by, or under the 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,US.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 Declaration.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.
HOMEOWNERS A SO IATI N
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 n own,operate and maintain the Common Areas, (ii)to maintain the
Designated Common Area, (iii) 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. Metnbershin. 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) Class 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. CGo mr-nment Permits. All duties, obligations, tights 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

I 'II'I III I I 'll BOOK:4453 PAGE:302 105331.000 E
Sharon Lear Wlllougltby.Pander County Register of Deeds Page 5 of is
ARTICLE V.
INSURANCE AND BONDS
If it is economically advantageous to obtain group insurance over individual insurance, the following shall
aPPIY
SECTION 1. Insurance 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 least 11,000,000.00 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;
(b) 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 All insurance policies purchased pursuant to these provisions shall provide that all
proceeds thereof shall be payable to the Board as insurance trustee or to such attorney-at-law or
institution with trust powers as may be approved by the Board of Directors;
5

BOOK:4453 PAGE:303 08/01,2014 110`5 E 3:31.000
Sharon Lear Willoughby.Pender County Register of Deeds Page b of 18
(e) Po_ licies.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 Pro .Proceeds of insurance policy for the Common Areas shall be
distributed to or for the befit of the beneficial owners in the following mariner:
(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 FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of Assessments. Each owner of any
Lot, by acceptance of a deed for the Owner's Lot, whether or not it shall be so expressed in such deed,
covenants and agrees to pay to the Association 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')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

BOOK:4453 PAGE:304 10:53 31.000 e
SharonLear Willoughby.Pender County Register of Deeds Page 7 of 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 Crooners 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 Improvements In addition to the Annual Assessments
authorized above, the Association may levy,in any assessment year, a Special Assessment applicable to the
year only for the purpose of defraying,in whole or in part,the cost of any construction,reconstruction,re-
pait,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. In „h ce AsseLjm= 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. f 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 6.Working CaWtal. 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. Effect of Non2z3mP^t of Assessments and Remed+.es 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 become immediately due and
payable if an Owner fouls to pay any installment within the time permitted.The Association may also estab-
lish and collect late fees for delinquent installments.
SECTION 10. Lien for Assessments The Association may file a lien 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(i)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 (H) 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.
(f) 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 11.. Common Surolus.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.
ARCHITECT[JRAL CONTROL
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 Rim 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(a Turkey Creek
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: (t) assure harmony of external design and location in relation to surrounding build-
ings and topography and(ii)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 AWroval.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, (n) 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. Objective Standards 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 (u) protect and con-
serve the value and desirability of the Properties as a residential community; and (iii) 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 ReguMons 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 Jusigment 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 by 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 events and at all times 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.Applications.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 (1)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 Chi) 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 heard 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.Approval.The Committee's approval is deemed given under any of the following cir-
cumstances: (i) the Committee fails to deny any application within 75 days after receipt,unless the applicant
agrees to a longer period of time;or (i1) 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. Chges.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 time 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 Article 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.Develober 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.HMmless. 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 RESTRICITONS AND MAINTENANCE
SECTION 1.Use Restrictions.
(a) DmdHng Size The minimum heated square footage of each dwelling shall not be less
than 1,100 square feet
(b)Land Use and BWWigg Tvne 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 animal'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) Temgorary 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 tern-
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_airremt 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 driveways,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 shaL 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) Sta=M TV Satellite 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 Any Future Common 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.
0) .5 b 'vidir 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)ELaga. 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'.
(a)Political Signn..No political signs may be displayed upon any common areas or individual
lots within the subdivision.
(o) Dams=7.iab7.iab ty.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.Maintenance 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,is
eluding 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 prdvided 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 alien against the Lot.
ARTICLE IM
GENERAL PROVISIONS
SECTION 1. Restrictions on Jurisdictional 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 Pender 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 Oavner and all parties claiming through or under it,,iadud-
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 Mang men.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 4,500 square feet This allotted amount includes any built-
upon area constructed within the lot property bouadades, 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 in, piping or altering any vegetative
conveyances (ditches,swales, etc.) associated with the development except for average driveway crossings,i:s
strictly prohibited by any persons. In case of a lot within CAMA's regulated AEC, where the Division of
Coastal Management calculates a different 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 ownernhall 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 storm-water 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 ftfty percent (509/6) of the lots initially
owned by Declarant.
SECTION 3. Rights of Institutional 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,(f) 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 TV 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. Severability 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 future Owners,tenants and
occupants of Lots and their guests or invitees,shall be subject to,and shall comply with the provisions of the
Declaration,and as the Declaration may be amended from time to time.The acceptance of a deed of 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-
14

III Jill 111111111111111111111 BOOK:4453 PAGE:312 108/08/2014:53:31.000 E
Sharon Lear NAlloughby.Pender County Register of Deeds Page 15 of is
ty(20)years 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.
ARTICLE X.
FUTURE DEVELOPMENT
SECTION 1.Developer may,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 acid 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
Property shall be subject.
IN WITNESS WHEREOF, the undersigned has caused this Declaration to be exe-
cuted the day and year first above written.
pb6f
y
DECLARANT:rT:pI[pe Onh&Ca TIOGA,eCO^ rCOun r°{na'm
c®fi ;sa
er 1 j,1 Ires By � )
�S Scott Ger embe
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: Scott Gerow,Member/Manager of TIOGA,LLC
Date: �n� ( -
Printed Name: �d Kra Notary Public
My commission expires: f
15

11111 Jill 111111111111111111111 BOOK:4453 PAGE:313 11,11,2014 E
10:53:31.000
Page 16 of 18
Sharon Lear Willoughby.Pei der County Register of Deeds
LENDER:
Corning Federal Credit Union
By� -�EAL)
Commercial Zen in¢ 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 Lending Officer of Corning Federal
Credit Union
Date: 8/6/2014
Printed Name:
Janet R. Meyland Notary Public
My cogs3Tlis a expires:
,,� N o
;es
STEE:
=,2o L 1 C ,= F•AT•
CpUN�`.�`� 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 capad-
ty indicated:James A.MacDonald
Date: 8/6/2014
Printed Name: Janet'R'r Me Notary Public
mT, r
My commission expires: 05/14/15
x -oG
0 6 L 1 G
""rrrt',i11t,,,, .
16

III Jill I III III 11111111111111 BOOK:4453 PAGE:314 10:53 31.000 E
Sharon Lear N711oughby.Pender County Register of Deeds Page 17 of 18
(SEAL)
Andrew John WEs
Yy LW MM4W 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 purpo ed therein and in the capaci-
ty indicated:Andrew John Wells
Date:
Printed me: L1/t ^ Notary Public
My commission expires: C10�p����'i
� N Q��o��rl�t�5
ova o�G gyp
m \q 2
0VA
18

11/214
BOOK:4453 PAGE:315 110`53:310000 E
II'I I II III' II' I I I I'I II I 'II'I I'I II 'II Sharon Lear Willoughby.Pender County Register of Deeds Page 18 of 18
1 i' ySL� (SEAL)
`James I.Girton
(SEAL)
Vivian I Girton
County,North Carolina
I certify that the following persons) 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 capad-
ty indicated:James I.Girton and Vivian J.Girton
Date:
Printed Name: AV,r1 (aJ q -2 Notary Public
My commission expires: L 2 t I f 1, -- - -
AB, unn
a pub ry+Public
New ver County
Flo Carolina
Cnrrn�iss�on x ires 6121 2016
17

dl��d��Nil�dfll�INlbld�l
• Doc No: 20014231
Recorded: 08/23/2018 02:44:45 PM
Fee Amt: $28.00 Page 1 of 3
Pender County North Carolina
Sharon Lear Willoughby,Register of Deeds
SK 4626 PG 2514.2616(3)
Prepared by: Sarah R. Buzzard,Hodges Coxe Potter&Phillips,LLP
Return to: 3907-100 Wrightsville Ave,Wilmington,NC 28403
STATE OF NORTH CAROLINA
COUNTY OF PENDER
THIRD AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS
AND RESTRICTIONS FOR THE KNOLLS @ TURKEY CREEK
THIS THIRD AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS
AND RESTRICTIONS FOR THE KNOLLS @ TURKEY CREEK, made this 5"' day of
August,2016,by TIOGA,LLC,a North Carolina limited liability company,hereinafter 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 Restrictions
(hereinafter"Covenants")for the Subdivision to be recorded in Book 4453 at Page 298 of the Pender
County Registry;
WHEREAS, pursuant to Article III, Section 1(f), the Covenants may be amended by the
Declarant to conform with the requirements of any law or governmental agency having legal
jurisdiction over the property of the Subdivision;
WHEREAS, the Declarant desires to amend the Covenants pursuant to said article and
section;
WHEREAS,pursuant to Article Y,the Covenants provide for the annexation of additional
property into the Subdivision; F C EIV G
P- 1 �1
8Y:

Sk 46M
Pa 2515
WHEREAS, the Declarant has recorded a map in Map Book 59 at Page 93 of the Pender
County Registry showing additional lots which Declarant desires to annex into the Subdivision.
NOW,THEREFORE,Declarant does hereby amend the Covenants recorded in Book 4453 at
Page 298 of the Pender County Registry as follows:
1. All of the property shown on the map recorded in Map Book 59 at Page 93 of the
Pender County Registry is hereby made subject to the Covenants set out by Declarant
in Book 4453 at Page 298 of the Pender County Registry;
2. Article IX, Section 2 shall be amended to include the following:
The following covenants for The Knolls at Turkey Creek Section 2 are intended to
ensure ongoing compliance with State Stormwater Management Permit Number SW8
151209 as issued by the Division of Water Quality under the Stormwater Management
Regulations,Title 15A NCAC 211.1000 and S.L.2006-246.
The State of North Carolina is made a beneficiary of these covenants to the extent necessary
to maintain compliance with the stormwater management permit.These covenants are to gran
with the land and 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 Water Quality. Alteration of the drainage as
shown on the approved plan may not take place without the concurrence of the Division of
Water Quality.
The maximum allowable built-upon area per lot is 4,500 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 line and the edge of the pavement. Built upon area
includes,but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and
coquina,but does not include raised,open wood decking,or the water surface of swimming
pools.In the case of a conflict within CAMA's regulated AEC,where the Division of Coastal
Management calculates a different maximum allowable built-upon area for that lot than is
shown herein, the governing maximum built-upon area for that lot shall be the most
restrictive of the two. Filling in or piping of any vegetative conveyances (ditches, swales,
etc.) associated with the development except for average driveway crossings is strictly
prohibited by any persons.Each lot will maintain a 50 foot wide vegetated buffer between all
impervious areas and surface waters.All roof drains shall terminate at least 50 foot from the
mean high water mark of surface waters.
Any individual or entity found to be in noncompliance witli the provisiuns of the stormwater
management permit or the requirements of the stormwater rules found.in.Title 15A NCAC
2H.1000 and Session Laws 2006-246 and 2008-211 is subject to enforcement procedures as
set forth in N.C.G.S.A. Ch. 143,Art. 21.

Sk 4126
P9 2516
IN WITNESS WHEREOF,the Declarant has hereunto set its hand and seal as of the day
and year first above written.
DECLARANT:
TIOGA,LLC
By:
Scott Ger em er/Manager
State of North Carolina-County of New Hanover
1,the undersigned Notary Public of the County ofNew Hanover and State aforesaid,certify that Swtt Gerow,
personally appeared before me this day and acknowledged that he is a Member/Manager of TIOGA,LLC,a
limited liability company,and that by authority duly given and as the act of the limited liability company,the
foregoing instrument was duly executed by Scott Gerow as its Member/Manager for the purposes therein
expressed.
Witness my hand and Notarial stamp or seal this rJX�. day of August,2016.
M Commission Expires: LZ4 Z021 T
Y p a
4&A, &&Mev" T,$gv of Notary Public
nnr Notary's Printed Name
(Affix Seal) �� @�'�'�
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Johnson, Kelly
From: Snider, Holley
Sent: Wednesday,January 5, 2022 9:58 AM
To: Dail,Jason;James,Trentt
Cc: Johnson, Kelly
Subject: FW: SW8 151209,The Knolls at Turkey Creek
Attachments: 0000_Regulations_Gravel_2015 07_Gravel Guidance_2015 10 14.pdf
I knew I had some knowledge of this project. Please see the email thread below from 2016. The boat ramp was existing
and repairs were proposed at that time.
Holley Snider . ...... ><t{((°> •._
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
Phone: [phone]
E 3"3
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to tie
NortJ Carolina Public Re=:.ords Lair and may be disclosed to third pafrties
From:Snider, Holley
Sent:Thursday, March 31,2016 9:12 AM
To: Ron Meredith<[e-mail]>
Cc:Coats, Heather<[e-mail]>; Dail,Jason<[e-mail]>; [e-mail]
Subject: FW:SW8151209,The Knolls at Turkey Creek
Good Morning Ron,
Below is a copy of the email that was sent by DWR to the applicant in response to concerns about development within
the 30' Public Trust Shoreline Area of Environmental Corcern. I also had a follow up conversation with Luke at Stroud
Engineering on the afternoon of February 22 and advised him that any land disturbance or improvements to the boat
ramp would trigger review by the Division of Coastal Management and likely CAIV+A major permit authorization. I have
not received any maps for review or a permit application at this time. I have copied Luke with Stroud Engineering by
way of this email. Please feel free to call or email me if you nave any questions or I may be of assistance to you in any
way.
Sincerely,
Holley Snider
Field Representative
NC Division of Coastal Management
NC Department of Environmental Quaity
127 rardiral Drive Extel�sion
Wilmirgton, NC 28405

Phone: [phone], Fax: [phone]
N;C.
othing Compares __.
E-mail correspondence to and�rr,-a this address
may be subject to the North Cc.o ina Public
Records Law and may be disc--osad to thr'_rd parties.
Be Green-Don't print this e-mail unless required.
From:Johnson, Kelly
Sent: Monday, February 22, 2016 2:45 PM
To: Luke Menius([e-mail])<[e-mail]>
Cc:Snider, Holley<[e-mail]_>
Subject:SW8 151209,The Knolls at Turkey Creek
Luke,
Here is what I found out following our phone call today:
1.) 4"#57 Gravel on fabric=pervious in the buffer: I talked to Georgette, and we can't think of any reason why you
couldn't put the "pervious"gravel in the buffer. I have attached the guidance that Raleigh put together on
this. As long as you meet the rule requirements we will permit it.
2.) Impervious&CAMA: I talked to Holley Snider. She said that any type of gravel road regardless of the 4" 57
Stone issue is impervious. If you have impervious inside 30ft of MHW then please give her a call so she can tell
you the necessary details.
Thanks,
KJ
K.eLL,�Johvwsow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]
2

STROUD ENGINEERING, P.A. d��4� 5M O OTTad
102-D Cinema Drive
Wilmington, NC 28403DATE
«C C 2 /d
(910) 815'0775 ATTEry'rIpN Ve-
Z � JOB NO 1 . 1 6
TO CDE&Z
RE:
C� 0 TO Z-
gY:
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
/e'ty-14ie.S
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
SIG
if enclosures are not as noted,kindly notKy us at once.

Jam, hnson, Kelly
From: Luke Menius <[e-mail]>
Sent: Friday, December 10, 2021 1:12 PM
To: Johnson, Kelly
Cc: Jimmy Fentress; Scott Gerow
Subject: [External] RE:The Knolls at Turkey Creek Section II (SW8 151209) - State Stormwater
Attachments: 2021 12 addinfo 151209.pdf, KNOLLS RESTRICTIVE COVENANTS DB 4453 PG 298.pdf;
SEC 2 PH 1 MB 59 PG 93 with restrictions.pdf,TKATC S2 SW rev.pdf
CAUTION:External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to
Reprart Spam. -� �,
1.- The record map which includes lots 166 and 167 is attached along with the amendments that
incorporate this map into to the original covenants which were recorded at DB 4453 PG 298. Please let
me know if you'd like hardcopies of this map, the original restrictive covenants, or the amendments.
The#57 stone pavement cross section has been added to the plan. The revised plan is attached and 2
hardcopies will be delivered.
v3""Acknowledgement of this being resolved is noted, thank you.
u The outfall #5 label has been added to the plan. No modifications to outfall flows or weir lengths are
proposed from what was permitted. Reported velocities remain valid. Please note that I have
amended the outfall details to help clarify which outfalls have the piped slope drains that discharge
into a structure (1, 3,4, and 6)versus those which are a more typical swale outfall (2, 5, 7, 8, and 9).
t,S-'-Yes, the certification was issued based on what was understood to be the current plan. The pending
modification will resolve this.
we Acknowledgement of this being resolved is noted, thank you.
-7`�Transfer requirements are noted, thank you.
David L. Menius, P.E.
Stroud Engineering, P.A.
102-D Cinema Drive
Wilmington, NC 28403
910-679-7983
From:Johnson, Kelly<[e-mail]>
Sent:Thursday, December 2, 2021 10:59 AM
To:[e-mail]
Cc:Jimmy Fentress<[e-mail]>; Luke Menius<[e-mail]>
Subject:The Knolls at Turkey Creek Section II (SW8 151209)-State Stormwater
Mr. Gerow,
The request for additional information is attached. It should be fairly simple.
Thanks,
Kelly
i

Johnson, Kelly
From: Luke Menius <[e-mail]>
Sent: Friday, December 10, 2021 1:12 PM
To: Johnson, Kelly
Cc: Jimmy Fentress; Scott Gerow
Subject: [External] RE:The Knolls at Turkey Creek Section II (SW8 151209) - State Stormwater
Attachments: 2021 12 addinfo 151209.pdf; KNOLLS RESTRICTIVE COVENANTS DB 4453 PG 298.pdf;
SEC 2 PH 1 MB 59 PG 93 with restrictions.pdf;TKATC S2 SW rev.pdf
CAUTION: External email. Do not dick links or open attachments unless you verify.Send all suspicious email as an attachment to
1. The record map which includes lots 166 and 167 is attached along with the amendments that
incorporate this map into to the original covenants which were recorded at DB 4453 PG 298. Please let
me know if you'd like hardcopies of this map, the original restrictive covenants, or the amendments.
2. The#57 stone pavement cross section has been added to the plan. The revised plan is attached and 2
hardcopies will be delivered.
3. Acknowledgement of this being resolved is noted, thank you.
4. The outfall #5 label has been added to the plan. No modifications to outfall flows or weir lengths are
proposed from what was permitted. Reported velocities remain valid. Please note that I have
amended the outfall details to help clarify which outfalls have the piped slope drains that discharge
into a structure (1, 3,4, and 6) versus those which are a more typical swale outfall (2, 5, 7, 8, and 9).
N5. _s, L C certific.�.ti was i;;ued based on what was understood to be the current plan. The pending
Modification will resolve this.
6. Acknowledgement of this being resolved is noted, thank you.
7. Transfer requirements are noted, thank you.
David L. Menius, P.E.
Stroud Engineering, P. A.
102-D Cinema Drive
Wilmington, NC 28403
910-679-7983
From:Johnson, Kelly<[e-mail]>
Sent:Thursday, December 2,2021 10:59 AM
To:[e-mail]
Cc:Jimmy Fentress<[e-mail]>; Luke Menius<[e-mail]>
Subject:The Knolls at Turkey Creek Section II (SW8 151209)-State Stormwater
Mr. Gerow,
The request for additional information is attached. It should be fairly simple.
Thanks,
Kelly

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, December 2, 2021 2:44 PM
To: [e-mail]
Cc: Jimmy Fentress; Luke Menius
Subject: The Knolls at Turkey Creek Section I (SW8 130S14) State Stormwater
Attachments: 2021 12 addinfo 130514.pdf
Mr. Gerow,
The request for additional information is attached. For this one, no lots were added to the plan and the deed
restrictions are on file. Those deed restrictions reference a map book and page where the plat is recorded and the plat
contains all of the permitted lots for the permit. The details of this are specified in the letter.
Just FYI,for the other two permits that I sent letters for earlier today, lots*were*added to the plan. In both cases I
asked for copies of the deed restrictions and to also make sure that the lots that were added are subject to the deed
restrictions. What I mean by that is that if the deed restrictions say that they cover the lots on a recorded map,that all
of the lots in the permit need to be on the recorded map listed in the deed restriction document.
Thanks,
Kelly
KtLLlW 0k P16S0K,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Phone: [phone]
Note Change in Phone Number
1

t.
ROY COOPER
Governor
ELIZABETH S.BISER ,,.
secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
December 2,2021
Via email only: sQero%Qaol.com
Tioga,LLC
Attn: Mr. Scott Gerow,Manager
4310 US Highway 421 North, Suite 140
Wilmington,NC 28401
Subject: Request for Additional Information
Stormwater Project No. SW8151209
The Knolls at Turkey Creek Section H
Pender County
Dear Mr. Gerow:
The Wilmington Regional Office received and accepted a modified State Stormwater Management Permit
Application for the subject project on September 24,2021. A preliminary in-depth review of that information has
determined that the application is not complete, and that additional information is needed. To continue the
review,please provide the following additional information in a single,hard copy submittal uackage:
The following list is a follow up to the August 5,2021, letter. Updated information is shown in blue.
1. There are two lots on Clutch Drive that are shown as future development on the plans but have
been subdivided. One is constructed and needs to be accounted for at full build out if it is not
already deed restricted.
The two lots, 166 and 167,have been added to the plan. Please see Item 5 (c)below.
2. A parking area has been added to the end of Clutch Drive which may or not be in the 50ft buffer.
The parking area/dock access area is now shown on the plans to be located partially
within the 50ft buffer,but that area is shown to be constructed of 4" of#57 stone over
filter fabric, which is defined by statute as pervious area per § 143-214.7(b2). This is
consistent with the 2016 permit. Please add the cross section detail of this stone
previously permitted to the plans currently proposed.
3. A cul-de-sac is constructed for Clutch Drive, but a dead end road is shown on the plan. Please
ensure the cul-de-sac is accounted for in the impervious accounting.
A cul-de-sac is now shown on the plan.
4. Modifications: Several outfalls need to be modified to ensure the plans match the constructed
condition. All atypical designs need to be,justified by the engineer in writing that the proposed
design provides equal or better treatment than the typical design.
a. Please label Outfall 5 on the plan.
b. Outlet Velocities: Please demonstrate that the outfalls will discharge non-erosively as
was done in 2016.
i. Section I (7)of the current(2016)permit says, "As shown on the approved plans,
this project proposes several piped collection systems on steep slopes. Each
system uses two weirs to dissipate energy and reduce the flow velocity. This is
permitted as an "alternative method where natural topography or other physical
constraints prevents the use of vegetated swales (subject to a case by case
review)," per 15A NCAC 2H .1002(18) and as an "alternative design" per 15A
NCAC 2H .1008(h). If the system does not function appropriately,the permittee
will be required to remove these systems and replace them with alternative
treatment. '
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regionai Office 1 12?Cardinal Drive Extension I Wilmington,North Carolina 28405
NORTH kROUNA
ar ,leMYe,neu�ON" 910.796.7215

State Stormwater Permit No. SW8 151209
Page 2 of 3
ii. SL 2008-211, Section 2(b), (3)(a)(2), says, "Stormwater runoff from the
development is transported primarily by vegetated conveyances. As used in this
sub-sub-subdivision, "conveyance system" shall not include a stormwater
collection system. Stormwater runoff from built upon areas that is directed to flow
through any wetlands shall flow into and through these wetlands at a non-erosive
velocity."
Weir Calculations,10yr Storm
Velocity over weir prior to reaching
wetlands
Outfall 3 17 2016 Proposed
1 1.77
2 1.98
3 1.86
4 1.97
5 1.97
6 1.87
7 1.78
8 1.69
9 1.33
5. Forms/Documents: Certifications, Operation and Maintenance Agreements and Deed
Restrictions are also needed as summarized in the inspection reports.
a. Certification: This project was certified on July 27, 2020,to have been built per the
permitted plans. It is my understanding that that certification was intended to reflect the
configuration that will be permitted after this modification. I believe that there was a
mix-up. You all had submitted revised plans reflecting the pending modification to
E&SC, but those plans were not submitted to stormwater. It is my understanding that
you all had thought that the pending modification was the permitted condition for
stormwater when the project was certified. Please verify that the certification will reflect
the configuration of the pending modification.
b. O&M: The O&M agreement permitted in 2016 referenced the weir calculations for the
l0yr storm summarized above. The form itself will be re-permitted with the minor
modification, but for clarification the revised calculations will be added to it.
c. Deed Restrictions: The deed restrictions form submitted in 2016 indicates that all lots
inside The Knolls at Turkey Creek Section 2 would be restricted to 4,500sf of impervious
area. Two lots, 166 and 167,have been added by the pending modification. Lot 166 is
constructed and appears to be occupied per Google Earth. (The construction status of
167 is unknown.) Please submit the recorded deed restrictions for all 126 lots.
6. Permittee: The current permittee, TIOGA, LLC has been administratively dissolved by the NC
Secretary of State. Please address this issue. The most recent annual report shows that Scott
Gerow was the manager. Please update the NC SoS to have the most recent manager and ensure
that that individual sign the application documents upon re-submittal.
This has been addressed.
ME
A North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regionai Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405
NO calla mn
ftpav--dwQ 910.796.7215

State Stormwater Permit No. SW8 151209
Page 3 of 3
7. 15A NCAC 02H .1045 �1)(b�: Please ensure that all other documentation needed for the transfer
is submitted. Specificaly,pease submit a list showing that at least 50%of the lots inside each
permit have been sold, documentation that the constructed condition for each lot is within the
deed restricted and permitted impervious allocation, deeds for the common areas, and contact
information for the HOA.
These are requirements to transfer the permit,but they are not required for the pending
minor modification.
Please remember to confirm that any revised information is presented consistently throughout the application
documents including calculations, supplements,narrative, and plans. Please also remember to provide two hard
copies of any updated documents per 15A NCAC 02H.1042(2).
All of the requested information listed above should be received in this Office by December 17,2021, or the
application will be returned as incomplete. If additional time is needed to submit the requested information,
please email your extension request prior to this due date to the email address provided below with a justification
and a date of when the requested information will be submitted,which shall be no later than 15 days past the
original due date.Please note that only two letters requesting additional information is allowed in the State
Stormwater Program for a total of 30 days to submit the requested additional information. If the information is
not satisfactorily provided after either the second request or 30 days, the project will be returned. If the project is
returned and you wish to re-submit later,you will need to resubmit all required items at that time, including the
application fee.
Please reference the State assigned project number on all correspondence. If you have any questions concerning
this matter,please feel free to call me at(910)796-7215 or email me at [e-mail].
Sincerely,
5 i41 "
Kelly Johnson
Environmental Engineer
DES/kpj: \\\Stormwater\Permits&Projects\2015\151209 LD\2021 12 addinfo 151209
cc: Mr.Luke Nlenius,PE;via email:[e-mail]
Wilmington Regional Office Stormwater File
D E Q�� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regional office 1 127 Cardinal Drive Extension i Wilnvngton,North Carolina 28405
tg cnaou
�w� yam" 910.796.7215

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, December 2, 2021 10:59 AM
To: [e-mail]'
Cc: Jimmy Fentress; 'Luke Menius'
Subject: The Knolls at Turkey Creek Section II (SW8 151209) - State Stormwater
Attachments: 2021 12 addinfo 151209.pdf
Mr. Gerow,
The request for additional information is attached. It should be fairly simple.
Thanks,
Kelly
K-el.l.1WOkVISOK,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Phone: [phone]
Note Change in Phone Number
1

Burd, Tina J
From: Burd, Tina J
Sent: Wednesday, September 29, 2021 9:48 AM
To: [e-mail]; Luke Menius
Subject: SW8 151209 - Knolls @ Turkey Creek Section 2
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources(Stormwater Section)accepted
the Stormwater Permit Minor Modification Application for the subject project on September 24, 2021. The project has
been assigned to Kelly Johnson and you will be notified if additional information is needed. Please be advised that the
construction of built-upon area may not commence until the Stormwater Permit is issued.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance&Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
.�wra1M
Email correspondence to and from this address is subject tc the
North Carolina Public Records Law and may be disclosed to third parties.
Website: http://deg.nc.Roy/about/divisions/energy-mineral-land-resources/stormwater
Based on the current guidance to minimize the spread of COVID-ig,the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered
shifts.To accommodate these staffing changes, all DEQoffice locations are limiting public access to appointments only.Please
check with the appropriate staff before visiting our offices,as we may be able to handle your requests by phone or email.We
appreciate your patience as we continue to serve the public during this challenging time.
1

Non-Transfer Application Completeness Review Checklist
Project Name: t<iao LLs 6r "TZoR_Kz•( rasEK J?EC� _Z_ Date Deiivered to WIRO:
Project County/Location: ,)-DeA— S ir'!3 7 BIMS Received/Accepted Date: U
Date Given to Admin: r
Permit Action: New New Permit tl': 13IMS Acknowledged Date':
❑Not located in the ETJ cf the following delegated
and fun programs:
NHC:Carolina Beach/Kure Beach/Wilmi:ngtor/Wrigh,sville Beach
Bruns: Leland/Navassa (?)/Oak Island
Cart, ErnNrald Isle Onsl Jacksonville Pend: Surf City
Major Mo nor Mod enewal Existing Permit#: 5CJS 15E2—
Applicant Permittee are the same?3 fxviration Da«°: L�
Permit Type: HD'1.: f LD Overali/HD&LD Combo
General Permit/Offsite/Exempt - Redevelopment 00flsite to SW$:
Development Type: Commercial esidenti ther ^�
�ls Offsrte Lot approved in Master permit''
Subdivided?: ubdivision r Single Lot
ttt�+e{s}: ��@37 Ct�astal r72,8,8 vastal 1945£Dasta4
Phase II Universal 1:11988 Coastal
Permittee Type&Documents Needed:
Property Owner(s) Purchaser Lessee =HOA Developer
Viable? =Viable? =Viable? Viable? Viable?
=Deed OPvrchase Aemt Lease =Election Minutes
Paperwork
- Application
Fee• [::]5505(within 6mo) Check#(s): D;aNa Fee
Supplement'(i new Form or for older forms:I original per SCMu
❑O&M2
Soils Report(lnfil or PP)
ElCaleuiations(signed/xeoled)
❑Deed Restrictions,if subdivided2
Project Narrative
❑USGS Map{or on file?) Subject to SA? Y / N Subject to ORW? Y ; N
Plans(2 Setsl
NOTES:
:Enter BIMS Acknowledged Date on rnis Sheet
°For New Projects-Enter New Permit#on Supplemenis&Deed Restriction Te.mclates.
If permittee is different,STOP.Needs to be transferred first:
If w/in 6 months and they are requesting a mod,STOP. Needs a renewrai First.
tip Lot not approved in master permit,STOP Master permit needs mod.
EMAILED ENGINEER DA I E: Comments:
REVIEWER NAME:
:u�Q\\',Reierence Li'orar,,,Proceouresli:neckiists',Coma,ereness Review Cnectow 202109 OF.

0r���Yt SOSID: 1065488
f 3c LIMITED LIABILITY COMPANY ANNUAL REPORT Date Filed: 8/24/2021
ay;N�,+r Elaine F.Marshall
10/2017- North Carolina Secretary of State
NAME OF LIMITED LIABILITY COMPANY: Tip a, LLC CA2021 236 00113
SECRETARY OF STATE ID NUMBER: 1065488 STATE OF FORMATION: NC Filing once Use Only
F__
REPORT FOR THE CALENDAR YEAR: 2021 1n1 '
SECTION A:REGISTERED AGENT'S INFORMATION
i*.". ®Changes
1.NAME OF REGISTERED AGENT: Scott Gerold
2.SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CON APPOINTMENT .
3. REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS
8585 Old River Road 8585 Old River Road
Burgaw,NC 28425-Pender Burgaw,NC 28425
SECTION B: PRINCIPAL OFFICE INFORMATION
1.DESCRIPTION OF NATURE OF BUSINESS: Development Company
2.PRINCIPAL OFFICE PHONE NUMBER: [phone] 3.PRINCIPAL OFFICE EMAIL: Privacy Redaction
4.PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL OFFICE MAILING ADDRESS IN, 0
r
4310 Highway 421 N-Suite 140 .4310 US Highway 421 N-Suite 140
Wilmington,NC 28401 Wilmington,NC 28401
6.Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran-owned small business 1
❑ The company is a service-disabled veteran-owned small business
SECTION C:COMPANY OFFICIALS(Enter additional company officials in Section E.) ?�
NAME: SCotf !7�P.r4W NAME:
NAME:
TITLE: lernber TITLE: TITLE:
ADDRESS: 8585 Old River Road ADDRESS: ADDRESS:
Burgaw,NC 28425
SECTION D:QERTIFICATION OF ANNUAL EPORT. Section D must be completed in its entirety by a person/business entity.
8-17-2021
jIRE DATE
Form must be signed by a pony cial listed under Section C of This form.
Stott Gerow !Member
Print or Type Name of Company Officjal Print or Type Tide of Company Official
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200
MAIL TO:Secretary of Stab:, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525

I.JV1.l1L. 1VVJ�VV
j Date Filed: 8/24/2021 12:16:00 PM
State of North Carolina Effective: 6/15/2021
• Department of the Secretary.of State Elaine F.Marshall
North Carolina Secretary of State
C2021 236 00243
APPLICATION FOR REINSTATEMENT FOLLOWING ADMINISTRATIVE DISSOLUTION OF
LIM(TED LIABILITY COMPANY
Pursuant to §57D-6=06(c)of the North Carolina General Statutes,the undersigned limited liability company hereby submits this
Application for Reinstatement Following Administrative.Dissolution: ,
. • •���-
1. The name of the applicant limited liability company is: Tioga, LLC
2. The effective date of the administrative dissolution of the applicant limited liability company was: 6/'15�202 7
3. The ground or grounds for administrative dissolution of the applicant limited liability company as stated in its Certificate of
Dissolution was or Were:For failure to file Annual reports
4. Complete,either(a)or(b)as appropriate:
(a) The grounds stated above for the administrative dissolution of the applicant Limited Liability Company did not exist.
(Insert brief explanation.)
(b) The grounds stated above for the administrative dissolution of the applicant Limited Liability Company have been
eliminated. (Insert brief explanation.} All-past due Annual'reports have been filed and paid
5. Enclosed.is a fee of$100.00 as required by§57D-1-22(18)of the North Carolina General Statutes.
This the day of "� 20AuA
••
Tioga, LLC ey,• �021
Name_of iability Company.
• 4e
azure
Scott Gerow, Mem
Type or Print Name and Title
Notes,
1. Filing fee for this Application for Reinstatement is$100.00,payable by check made to the order of the Secretary of State.
2. This Appheation must be filed with the Secretary of State.
BUSINESS REGISTRATION DIVISION P.O.BOX 29622 RALEIGH,NC 27626-0622
(Revised July 2017) (Form r-08)

Johnson, Kelly
From: Johnson, Kelly
Sent: Wednesday, September 15,2021 10:36 AM
To: Greg Antrican
Cc: Jimmy Fentress; Luke Menius
Subject: RE: [External] Fwd: Knolls at Turkey Creek stormwater permits (SW8 130514, SW8
150211, &SW8 151209)
Mr.Antrican,
You need to work with Mr.Gerow and your engineers to solve this problem. I can tell you about the regulations, but I
do not generally consult on how to fix things like this.The plans show 4" of#57 stone over filter fabric. They could add a
stabilizer grid as shown below if they think it will work.
Kelly
S'
x•�ir
K.eLL�i0kl Viso ln,
Kelly Johnson
Environmental Engineer
NC Division of Energy,Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: Greg Antrican<[e-mail]>
Sent:Wednesday, September 15, 2021 10:23 AM
To:Johnson, Kelly<[e-mail]>
Cc:Jimmy Fentress<[e-mail]>; Snider, Holley<[e-mail]>; Dail,Jason
i

<[e-mail]>; Luke Menius<[e-mail]>
Subject: Re: [External] Fwd: Knolls at Turkey Creek stormwater permits(SW8130514, SW8150211, &SW8 151209)
CAUTION:External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to
Report Spam.
Thank you for giving us some insight on this. Here are some pictures of the area at the boat ramp. How can this be
fixed? Is this something that Scott is responsible for?What is permissible if any.
Thank you for your time.
On Wed,Sep 15,2021 at 9:29 AM Johnson, Kelly<[e-mail]>wrote:
Mr.Antrican,
You had asked me about the boat ramp yesterday and I had told you that we would have to see what the engineer
submitted as to what would be done about it. I understand that you all had talked with another agency(probably
someone with wetlands under the Division of Water Resources or with the Division of Coastal Management which
administers CAMA), and they said that you could maintain the eroding gravel by concreting it(or something to that
effect?). I had not been prepared for that question, and I hadn't looked at this file in months,so I looked at it again this
morning and I figured out what had been done in 2016 when this was originally permitted.
As you can see in the attached photo of the plan sheet at the end of Clutch Drive,the road ends and there is a small
asphalt parking area adjacent to an area of#57 stone. Section 1(8)of the permit acknowledges that#57 stone which
had to be laid at least four inches thick over filter fabric per Session Law 2015-149,attached. That session law has since
been codified into statute§ 143-214.7(b2)which defines the term "built upon area" (also known as impervious
area). Paraphrasing,the law says that areas covered with four inches of#57 stone over filter fabric is considered
pervious. The reason this matters is because this is next to a stream. That stream has a 50ft buffer(also known as a
setback)that cannot have impervious area inside it. The law in place at the time this permit was issued was SL2008-
211,which required the buffer to remain vegetated but allowed my agency to grant a variance to placing vegetated
material on a case-by-case basis. There is a letter on file documenting where I had discussed the situation with the
CAMA staff. We evidently granted the variance to allow the pervious#57 stone for the boat ramp, most likely because
it is a water-dependent structure.
So, I apologize for all of the technical jargon. (I have cc'd the engineers,Jimmy Fentress and Luke Menius,who will be
familiar with what all of that means.) But,what this is leading to is that you cannot pour concrete in the area that is
labeled as#57 stone on the plans. Another agency may allow you to"maintain"an impervious surface by replacing it
with another. However, in this case, it was not supposed to be impervious to begin with. I have cc'd Holley Snider with
DWR and Jason Dail with DCM/CAMA so they are aware.
If you have further questions, please let me know.
2

Thanks,
Kelly
IGeI,I,�oYl wsow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From:Johnson, Kelly
Sent: Monday,September 13,2021 1:18 PM
To:Greg Antrican<circle6enbranch0Dsmail.com>
Cc:Christopher Spell<[e-mail]>;Jennifer Bates<[e-mail]>;Justin Jones
<[e-mail]>; Robert McIntosh<[e-mail]>
Subject: RE: [External] Fwd: Knolls at Turkey Creek storm water permits
Mr.Antrican,
I have attached the extension to 10/1 that we discussed. I will see you tomorrow at 10. Please call when you arrive
and I will come unlock the door. We are at 1.27 Cardinal Drive, next to the Lottery Building.
Thanks,
Kelly
3

oklwsow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From:Greg Antrican<circle6i=[e-mail]>
Sent: Monday,September 13, 2021 11:21 AM
To:Johnson, Kelly<[e-mail]>
Cc:Christopher Spell<[e-mail]>;Jennifer Bates<[e-mail]>;Justin Jones
<[e-mail]>; Robert McIntosh<[e-mail]>
Subject: [External] Fwd: Knolls at Turkey Creek storm water permits
CAUTION: External email_ Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to
Report Spam.
Kelly,
Also can you tell me if Scott has done this.
Also, would you reach back out to Kelly at NCDENR to see if Scott has provided the requested info or responded as
required in the letter?
4

Failure to provide the requested information.., or to rei.
to resolve the identified deficiencies, by SeDtember
requested information is not submitted to this Office
and may issue a Notice of violation. Please also not(
with the provisions of a stormwater management pen
as set forth in NCGS 143 Article 2 1 , including the as
Thank-you,
Greg Antrican
President
The Knolls at Turkey Creek
910-431-2621
5

CUMM O RW E,
Johnson, Kelly A-1P1i`�1 P
From: Johnson, Kelly
Sent: Wednesday, September 15,2021 9:29 AM
To: 'Greg Antrican'
Cc: 'Christopher Spell'; 'Jennifer Bates; 'Justin Jones'; 'Robert McIntosh';Jimmy Fentress;
Snider, Holley; Dail,Jason; 'Luke Menius'
Subject: RE: [External] Fwd: Knolls at Turkey Creek stormwater permits (SW8 130514, SW8
150211, &SW8 151209)
Attachments: SL 2015-149 BUA redefined.pdf, Boat Ramp jpg
Mr. Antrican,
You had asked me about the boat ramp yesterday and I had told you that we would have to see what the engineer
submitted as to what would be done about it. I understand that you all had talked with another agency(probably
someone with wetlands under the Division of Water Resources or with the Division of Coastal Management which
administers CAMA), and they said that you could maintain the eroding gravel by concreting it(or something to that
effect?). I had not been prepared for that question, and I hadn't looked at this file in months,so I looked at it again this
morning and I figured out what had been done in 2016 when this was originally permitted.
As you can see in the attached photo of the plan sheet at the end of Clutch Drive,the road ends and there is a small
asphalt parking area adjacent to an area of#57 stone. Section 1(8)of the permit acknowledges that#57 stone which had
to be laid at least four inches thick over filter fabric per Session Law 2015-149, attached. That session law has since been
codified into statute §143-214.7(b2)which defines the term "built upon area" (also known as impervious
area). Paraphrasing,the law says that areas covered with four inches of#57 stone over filter fabric is considered
pervious. The reason this matters is because this is next to a stream. That stream has a 50ft buffer(also known as a
setback)that cannot have impervious area inside it. The law in place at the time this permit was issued was SL2008-
211,which required the buffer to remain vegetated but allowed my agency to grant a variance to placing vegetated
material on a case-by-case basis. There is a letter on file documenting where I had discussed the situation with the
CAMA staff. We evidently granted the variance to allow the pervious#57 stone for the boat ramp, most likely because it
is a water-dependent structure.
So, I apologize for all of the technical jargon. (I have cc'd the engineers,Jimmy Fentress and Luke Menius,who will be
familiar with what all of that means.) But,what this is leading to is that you cannot pour concrete in the area that is
labeled as#57 stone on the plans. Another agency may allow you to "maintain" an impervious surface by replacing it
with another. However, in this case, it was not supposed to be impervious to begin with. I have cc'd Holley Snider with
DWR and Jason Dail with DCM/CAMA so they are aware.
If you have further questions, please let me know.
Thanks,
Kelly
K.eLL,. JohvtsoK,
Kelly johnson
Enviranrenta' Engineer
NC,Dlvislor:of Energy,D4ineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
V'-lilrnington,NIC 28405-3645
1

Phone: [phone]
Note Change in Phone Number
From:Johnson, Kelly
Sent: Monday, September 13,2021 1:18 PM
To:Greg Antrican<circle6gn branch @gmail.com>
Cc:Christopher Spell <[e-mail]>;Jennifer Bates<[e-mail]>;Justin Jones
<[e-mail]>; Robert McIntosh<[e-mail]>
Subject: RE: [External] Fwd: Knolls at Turkey Creek storm water permits
Mr.Antrican,
I have attached the extension to 10/1 that we discussed. I will see you tomorrow at 10. Please call when you arrive and
I will come unlock the door. We are at 127 Cardinal Drive, next to the Lottery Building.
Thanks,
Kelly
KtU�Johv►.sow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From:Greg Antrican<[e-mail]>
Sent: Monday,September 13,2021 11:21 AM
To:Johnson, Kelly<[e-mail]>
Cc:Christopher Spell<[e-mail]>;Jennifer Bates<[e-mail]>;Justin Jones
<[e-mail]>; Robert McIntosh <[e-mail]>
Subject: [External] Fwd: Knolls at Turkey Creek storm water permits
CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to
Report dam.._
Kelly,
Also can you tell me if Scott has done this.
Also, would you reach back out to Kelly at NCDENR to see if Scott has provided the requested info or responded as
required in the letter?
z

Failure to provide the requested information, or to res
to resolve the identified deficiencies, by September
requested infonnation is not submitted to this office b
and may issue a Notice of Violation. Please also note
with the provisions of a stormater management peff
as set forth. in NCGS 143 Miele 211., including a asp
Thank-you,
Greg Antrican
President
The Knolls at Turkey Creek
910-431-2621
3

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, September 2, 2021 10:36 AM
To: 'Luke Menius'
Cc: Jimmy Fentress
Subject: RE: [External] The Knolls at Turkey Creek(SW8 130514,SW8 150211, &SW8 151209)
Luke,
I have you down for 10/1.
Thanks,
Kelly
ktI.I.W0hV,SO n,
Kelly Johnson
Environmental Engineer
NC Division of Energy,Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: Luke Menius<[e-mail]>
Sent:Thursday,September 2, 2021 10:03 AM
To:Johnson, Kelly<[e-mail]>
Cc:Jimmy Fentress<[e-mail]>
Subject: [External] The Knolls at Turkey Creek
CAS J•TION:External email. Do net dick links or open attachments unless you verify.Send all suspicious email as an attachment to
Report yarn.
Kelly,
We are in receipt of your 8/5/2021 letter regarding the subject project and are working to address each of
your concerns in a timely manner. The return of the transfer applications for SW8 130514 and SW8 150211 is
noted along with the requirement to obtain modifications prior to transfer. Comments specific to each permit
within this project have been addressed as follows. Specific action items which will not be completed before
the September Ph deadline are noted in bold. I have scheduled a survey crew to confirm some dimensions as I
work towards modified plans. Please consider a 30 day extension to enable us to complete these tasks.
1. Regarding SW8 130514 (section 1 phase 1), a plan modification depicting the current outfall swale
configuration will be provided.
2. Regarding SW8 150211 (section 1 phase 2):
i

a. Please note that the "115" reported on the Pender County GIS is the address that was
assigned to what was lot 1 on the approved plan. Please also note that at the request of
Pender County, the 16 permitted lots were renumbered 27-42. A plan depicting the current
lot numbering will be provided.
b. The home located at 115 Toms Creek Road is accounted for in the permit and deed
restrictions. Please note that only 15 of the 16 permitted lots were developed. Lot 28 (lot 2
on the approved plans)was dedicated as open space. A plan depicting the current lot
numbering will be provided along with documentation that reports the correct number of
lots in the BUA table and allocates the appropriate amount of BUA to the driveway that
serves lot 1 and the common area. I have confirmed there is adequate BUA in reserve based
on the asbuilt dimensions of this driveway.
c. A plan depicting the current lot numbering will be provided along with documentation that
reports the correct number of lots in the BUA table and allocates the appropriate amount of
BUA to the driveway that serves lot 1 and the common area.
3. Regarding SW8 151209 (section 2):
a. The two additional lots are incorporated into deed restrictions. Plans will be provided along
with documentation that reflects these additional lots and reallocates the appropriate
amount of reserve BUA. I have confirmed there is adequate BUA in reserve to address these
additional lots.
b. A plan modification depicting the current boat ramp configuration will be
provided. Impervious surfaces installed within the 50 setback, namely the ramp and dock
gazebo, are water dependent structures consistent with 15A NCAC 02H .1003
(4)(d)(ii). Documents will be provided to reallocate the appropriate amount of reserve BUA
to this common area.
c. A plan modification depicting the current cul de sac configuration will be provided along
with documents to reallocate the appropriate amount of reserve BUA to this roadway. I
have confirmed there is adequate BUA in reserve to address the cul de sac.
4. Regarding all 3 permits within the subject project:
a. Modified plans for all three permits are attached. These plans depict the as built outfall
swales and slope drains. The outfalls in Section 1 Phase 1 (SW8 130514) were converted to
piped slope drains in response to concerns about the grade transition at the ends. I recall
discussing this with DEQ staff during the course of the 2013 plan review and meeting onsite to
observe the adjoiner's piped outfall. The single swale outfall in Section 1 Phase 2 (SW8
150211) and the piped slope drains in Section 2 (SW8 151209) are generally consistent with
their respective permits.
b. The request for documents that will be required to bring the permit into compliance is noted.
c. The requirement to reinstate TIOGA, LLC with the NCSOS is noted and has been relayed to the
permittee.
d. The request for documents and information regarding the home sales that will be required to
enable the transfers is noted.
Thanks for your assistance to date with this project. I look forward to your response to regarding the
extension and will continue to work towards a resolution in the meantime.
David L. Menius, P.E.
Stroud Engineering, P.A.
102-D Cinema Drive
Wilmington, NC 28403
2

ROYCOOPM
Governor TH S.
p
El
SER
secremy ..
Dinettor EwkwunadalQuaftly
August 5,2021
Tioga,LLC
Attn: Mr. Scott Gerow,Member
8585 Old River Road
Burgaw,NC 28425
Subject: PROJECT RETURN,NOTICE QK INSPECTION&REQUEST MODIFICATION
SW8 130514: KiaoHs at Turkey Creek Section I
SW8150211: Knods at Turf Creek Phase II
NOTICE OF INSPECTION&REQUEST MOI)IFICATION
SW8151209: Knolls at Turkey Creek Section H
Pender County
Dear Mr.Gerow:
The Wilmington Regional Office of the Department of Energy,Mineral and Land Resources(DEMLR)recently
inspected the three subject permits.
Proiect Returns:
State Storrnwater Management Permit Transfer Applications for SW8 130514 and SW8 150211 on May 19, 2021.
Both permit applications are being returned because both permits need to be modified before they can be
ftnsferred. Per the requirements of Title 15A NCAC 02H.1045(4Xaxni)of the Stormwater Management Rules,
this Office is hereby returning these applications as incomplete. The$505.00 application fees have been forfeited
and a new fee will need to be provided if you choose to resubmit this application in the future.
Please note that this does not preclude you from obtaining and complying with any and:all other permits or
approvals that are required for this development to take place,as required by any statutes,rules,regulations,or
ordinances,which are ia posed by any other Local,State or Federal government agency having jurisdiction.
Please note that the permits issued remain in full force and effect.Please be aware that the construction of any
changes to the originally approved and permitted plans prior to the receipt of a modified permit is a violation of
NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A.
Notice of Lnspection and RecLuest for Modification:
On June 3,2021,the Wilmington Regional Office of the Division of Energy,Mineral and Land Resources
(DEMLR)inspected the subject project,located aff Carver Drive in Pender County to determine the status of
compliance with the State Stormwater Management Permits. DEMI R file review and site inspection revealed
that the site is not in compliance with the terms and conditions of this permit. Please find a copy of the completed
form entitled"Compliance Inspection Report"and associated Inspection Pictures attached to this letter,which
summarizes the findings of the.recent inspection.
1. SWS 130514,Knolls at Turkey Creek Section I: A modification is needed to reflect what has been
constructed- Specifically,Swale 9 needs to be revised. There may also be other outfalls that need to be
addressed.
2. SW8 1.50211,Knolls at Turkey Creek Phase II: A modification is needed.
a. There is a lot(#115 on the County GIS)that is constructed that is not on the plan.
b. Lot 115 needs to be accounted for at full build out if it is not already deed restricted.
c. There is an access road to Lot 115 d-tat needs to be accounted for in the impervious accounting.
I North Caroyna Department of Environmental Quality I Division of Energy,V ral and Land Res roes
x ca¢+ounwc �
W'fenington Regional Office 1127 Cardinal Drive Extension I Wffiningtm,North Carolina 28405
o �.as 910.79tb.7215

State Stormwater Permit No.SW8 130514,SW8 151209,SW8 150211
Page 2 of 2
3. SW8 151209,Knolls at Turkey Creep Section II:
a. There are two lots on Clutch Drive that are shown as future development on the plans but have
been subdivided.One is constructed and needs to be accounted for at full build out if it is not
already deed restricted.
b. A parking area has been added to the end of Clutch Drive which may or not be in the 50ft buffer.
c. A cul-de-sac is cued for Clutch Drive,but a dead end road is shown on the plan.Please
ensure the cube-sac is accounted for in the impervious accounting.
4. All Three:
a. Modifications: Several outfalls need to be modified to ensure the plans match the constructed
condition. All atypical designs need to be justified by the engineer in writing that the proposed
design provides equal or better treatment than the typical design.
b. Forms/Documents: Certifications,Operation and Maintenance Agreements and Deed
Restrictions are also needed as summniarized in the inspection reports.
c. Permittee: The current permittee,TIOGA,LLC has been administratively dissolved by the NC
Ste+of State. Please address this issue. The most recent annual report shows that Scott
Gerow was the manager. Please update the NC SoS to have the most recent manager and ensure
that that individual sign the application documents upon re-submittal.
d. 15A NCAC 02H.I045 (l)(b): Please ensure that all other documentation needed for the transfer
is submitted. Specifically,please submit a list showing that at least 50%of the lots inside each
permit have been:sold,documentation that the constructed condition for each lot is within the
deed restricted and permitted impervious allocation,deeds for the common areas,and contact
information for the HOA.
Please be advised that,as the permittee,you are required to comply with the terms,conditions, and limitations of
the Stormwater Management Permit under Title 15A North Carolina.Administrative Code 2H.1003 and North
Carolina General Statute 143-214.7, including the operation and maintenance of the permitted stormwater system
and the requirement to submit any changes from the approved plans to the Division for approval.
Failure to provide the requested information,or to respond to this letter with a plan of action,including a timeline
to resolve the identified deficiencies,by September 7.2021,are considered violations of the permit. If the
requested information is not submitted to this office by the due date,then DENYLR staff will re-inspect the site
and may issue a Notice of Violation. Please also note that any individual or entity found to be in noncompliance
with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement action
as set forth.in NCGS 143 Article 21,including the assessment of civil penalties of up to$25,000 per day.
If you have any questions concerning this matter,please contact Kelly Johnson at(910)796-7215 or via e-mail at
kelIy.p [e-mail].
Sincerely,
C96&W-'JL )0
Brian Wrenn,Director
Division of Energy,Mineral and Land Resources
DES/kpj: \\\Stormwater\Permits&Projects\2013\I30514 LD\2021 08 retum_project 130514
\\\Stormwater\Permits&Projects\2015\150211 LD\2021 08 retum_projeet 150211
\\\Stormwater\Permits&Projects\2015\151209 LD\2021 08 CEI deficient 151209
enc: Inspection Reports
Inspection Pictures
cc: Jimmy Fentress,PE,Stroud Engineering
102 D Cinema Dr Wilmington NC 29403
Pender County Planning Department
Wilmington Regional Office
North Carolina Department of Envii-onmental Quality I Division of Energy,Mineral and Land Resources
Wfltnington Regional office 1 127 Cardinal Drive Extension I Wilmington,North Carollna264o5
sawcrr:,vaouwn
910.796.7215

:... . .. ..:.
.. ::: .. ..:....: . ..:... . .
State Storm > `` : .. ....
water Inspection Request ::Qr� . . : .
General Please Return to
Project Name: C- M\e. .50crrCLPermit No: SW8 15Q�09 Expiration Date:
Contact Person: Phone Number: Inspection Type:
EFr
Inspectionte: Time In: Time Out:
her: Recent Rain(Date)? Rain— in
Location
Facility Address/Location: City: County:
Permit Information
Density (circle one): High(HD) Low(LD)
Stormwater Best Management Practices(BMPs)(insert number of each):
Wet Ponds Infiltration Basins Infiltration Trenches LD Swales Stormwater Wetlands
Dry Ponds Bioretention Permeable Pavement Sand filters (circle one) Open Closed
Cistern Level Spreader/Filter Strip Other(specify):
Notes or any areas to focus on:
File Review Yes No NIA N/E
1. Is the permit active?
2. Signed Engineer's Certification on file?
3. Signed Operation and Maintenance agreement on file?
4. Recorded Deed Restrictions on file?
NIA NIF
r7.6.
BUA is constructed and consistent with the permit requirements?
BUA as permitted)is graded such that the runoff drains to the s stem?(high densityonly)
Drain a area is consistent with ermit? i.e.no un itted drain a to the SW BMPs Drain a area is stabilized? to reduce risk of sedimentation to the SW BMPs
Site Visit: Stormwater BMPs Yes No NIA N/E
9. Stormwater BMPs are located per the approvedplans?
10. Stormwater BMPs have dimensions e .length,width,area matching the approvedplans?
11. Stormwater BMPs are constructed per the a rovedplans?
Site Visit: Operation and Maintenance Yes No N/A N/E
F, ection
ess points to the site are clear and well maintained?
h has been removed as needed?
essive landscape debris ass clippings,leaves etc is controlled?
mwater BMPs be' operated and maintained as per the ermit requirements?
and Maintenance records are available for inspection? (high density only, 1995—present only)
Site Visit: Other Permit Conditions Yes No N/A N/E
17. Is the site compliant with other conditions of thepermit?
Site Visit: Other Water Quality Issues Yes No NIA N/E
18. Is the site compliant with other water quality issues as noted during the inspection?
State Stormwater Inspection Report Version 3.1 202102 Page 1 of 2

State Stormwater Inspection Request
Comments
i
InS ection PICtUreS(some of the pictures taken during the site visit)
Compliance Status ❑ Compliant ❑ Non-Compliant
Letter Sent(circle one): Yes No Letter type: CEI NOV NOVRE Other
Date Sent: Reference Number:
Inspector Name and Signature: Date:
State Stormwater Inspection Report,Version 3.1 2021 02 Page 2 of 2

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Compliance Inspection Report
Permit: SW8130514 Effective: 07/11/13 Expiration:
Project: The Knolls at Turkey Creek Section I
Owner: Tioga LLC
County: Pender Adress: Carver Dr
Region: Wilmington
City/State/Zip: Rocky Point NC 28457
Contact Person:Scott Gerow Title: Member Phone:[phone]
Directions to Project:
From int. of NC 117 and NC 210,take NC210 west one mile left onto Carver,go 0.75 miles site on right, opposite Pine Hollow
Drive.
Type of Project: State Stormwater-Low Density
Drain Areas: 1 -(Turkey Creek) (03-06-23)(C;Sw)
On-Site Representative(s):
Related Permits:
SW8151209 Tioga LLC-The Knolls at Turkey Creek Section II
SW8150211 Tioga LLC-The Knolls at Turkey Creek Section I Phase 2
Inspection Date: 06/03/2021 Entry Time 10:OOAM Exit Time: 12:OO13M
Primary Inspector: Trentt James Phone:
Secondary Inspector(s):
Kelly Johnson
Reason for Inspection: Routine Inspection Type: Transfer Renewal
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page 1

Permit SW8130514 Owner-Project: Tioga LLC
Inspection Date: 06/03/2021 Inspection Type Transfer Renewal Reason for Visit: Routine
File Review Yes No NA NE
Is the permit active? N ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ 0 ❑ ❑
Signed copy of the Operation&Maintenance Agreement is in the file? ❑ 0 ❑ ❑
Copy of the recorded deed restrictions is in the file? 0 ❑ ❑ ❑
Comment: Certification is needed.
O&M Form is needed from incoming party when they apply for a transfer.
Deed restrictions are recorded BK4453/PG310.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑
Is the BUA(as permitted)graded such that the runoff drains to the system? ❑ ❑ ❑
Comment: Certification needed.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ ® ❑ ❑
Are the inlets located per the approved plans? ❑ ❑ ❑
Are the outlet structures located per the approved plans? ❑ ❑ ❑ ❑
Comment: The outfall for Swale 9 needs to be revised on the plans The engineer needs to justi it as an
alternative design. Other outlets may also need to be modified to match the plans See the inspectior
pictures. All atypical desings need to be justified by the engineer in writing that the proposed design
provides eaual or better treatment than the typical design
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ❑ 0
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: Modification is needed to make this assessment.
page 2

Compliance Inspection Report
Permit: SW8150211 Effective:05/18/15 Expiration:
Project: The Knolls at Turkey Creek Section I Phase 2
Owner: Tioga LLC
County: Pender Adress: Carver Dr
Region: Wilmington
City/State/Zip: Rocky Point NC 28457
Contact Person:Scott Gerow Title: Member Phone:[phone]
Directions to Project:
From int.of NC 117 and NC 210,take NC 210 west one mile left onto Carver Drive continue for 0.75 miles proposed entrance
to site on riaht.oDDosite Pine Hollow Drive.
Type of Project: State Stormwater-Low Density
Drain Areas: 1 -(Turkey Creek) (03-06-23)(C;Sw)
On-Site Representative(s):
Related Permits:
SW8130514 Tioga LLC-The Knolls.at Turkey Creek Section
SW8150209 Reserve Development Co LLC-St James Plantation Seaside West
Inspection Date: 06/03/2021 Entry Time 10:OOAM Exit Time:12:OOPM
Primary Inspector: Trentt James Phone:
Secondary Inspector(s):
Kelly Johnson
Reason for Inspection: Routine Inspection Type: Transfer Renewal
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page 1

Permit: SW8150211 Owner-Project Tioga LLC
Inspection Date: 06/03/2021 Inspection Type Transfer Renewal Reason for Visit: Routine
File Review Yes No NA NE
Is the permit active? ! ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ E ❑ ❑
Signed copy of the Operation&Maintenance Agreement is in the file? ❑ ® ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ 0 ❑ ❑
Comment: Certification is needed.
O&M Form is needed from incoming party when they apply for a transfer.
Deed restrictions are needed.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑ E
Is the BUA(as permitted)graded such that the runoff drains to the system? ❑ ❑ ❑
Comment: Certification needed.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ E ❑ ❑
Are the inlets located per the approved plans? ❑ ❑ ❑
Are the outlet structures located per the approved plans? ❑ ❑ ❑
Comment: The lot listed at Lot 115 on County GIS needs to be added to the plan
Lot 115 needs to be accounted for in the impervious accounting
Lot 115 needs to be accounted for at full build out if not already deed restricted
Modification is needed to ensure the constructed condition matches the permitted condition All
atypical designs need to be justified by the engineer in writing that the proposed design provides egua
or better treatment than the typical design
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ❑ N
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ E
DWQ upon request?
Comment: Modification is needed to make this assessment
page 2

Compliance Inspection Report
Permit: SW8151209 Effective:03117/16 Expiration:
Project: The Knolls at Turkey Creek Section II
Owner: Tioga LLC
County: Pender Adress: Carver Dr
Region: Wilmington
City/State/Zip: Rocky Point NC 28457
Contact Person:Scott Gerow Title: Member Phone:[phone]
Directions to Project:
From int.of NC 117 and NC 210,take NC 210 west one mile left onto Carver Drive, go 0.75 miles entrance to project is on right
opposite Pine Hollow Drive.
Type of Project: State Stormwater-Low Density
Drain Areas:
On-Site Representative(s):
Related Permits:
Inspection Date: 05/03/2021 Entry Time 10:OOAM Exit Time:12:00PM
Primary Inspector: Trentt James Phone:
Secondary Inspector(s):
Kelly Johnson
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
■ State Stormwater
(See attachment summary)
page 1

Permit SW8151206 Owner-Project Tioga LLC
Inspection Date: 08/03/2021 Inspection Type Compliance Evaluation Reason for Visit• Routine
File Review Yes No NA NE
Is the permit active? 0 ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ 0 ❑ ❑
Signed copy of the Operation&Maintenance Agreement is in the file? ❑ N ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ 0 ❑ ❑
Comment: Certification is needed.
O&M Form is needed from incoming party when they apply for a transfer.
Deed restrictions are needed.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑ ❑
Is the BUA(as permitted)graded such that the runoff drains to the system? ❑ ❑ ❑ ❑
Comment: There are two lots on Clutch Drive that are shown as future development on the plans but have been
subdivided. One is constructed and needs to be accounted for at full build out if it is not already deed
restricted. A parking area has been added to the end of Clutch Drive which may or not be in the 50ft
buffer. A cul-de-sac is constructed for Clutch Drive but a dead end road is shown on the plan Please
ensure the cul-de-san is accounted for in the impervious accounting
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ ❑ ❑ E
Are the inlets located per the approved plans? ❑ ❑ ❑
Are the outlet structures located per the approved plans? ❑ ❑ ❑
Comment: A modification is needed to ensure the constructed condition matches the permitted condition All
atypical designs need to be justified by the engineer in writing that the Droposed design provides egua
or better treatment than the typical design.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ ■
DWQ upon request?
Comment: Modification is needed to make this assessment.
page 2

Jimmy Fentress
From: Pusey, Steven <[e-mail]> APR 21 2G21
Sent: Tuesday,April 20, 2021 11:5'8 AM
To: Jimmy Fentress
Cc: James,Trentt
Subject: RE: [External] THE KNOLLS AT TURKEY CREEK STORMWATER CONVEYANCE
Follow Up Flag: Follow up
Flag Status: Flagged �•
Jimmy, `
I can't get the attachment to print. Have you submitted a hard copy of this information?
If you don't want to print it out and submit it that way, you could submit it in several emails, separating the
documents by type. Or, even better, you could submit it on a thumb drive.
Please advise. Also, do they want to submit an application to transfer the permit at this time?
Thanks,
Steve
5t. f -P
Steven G. Pusey
Environmental Engineer H
Division of Energy, Mineral and Land Resources ST
State Stormwater Program
North Carolina Department of Environmental Quality ,
127 Cardinal Drive,Wilmington, NC 28405 1 n
Office:[phone]
Direct:[phone] 13�ty c
Email: steven.pusey(@ncdenr.gov
Q5:a
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From:James,Trentt<[e-mail]>
Sent:Wednesday, March 31, 20213:22 PM
To: Pusey,Steven<[e-mail]>
Subject: Fw: [External]THE KNOLLS AT TURKEY CREEK STORMWATER CONVEYANCE
1

Hey Steve, can you please advise Jimmy and Scott about this project. Looks like some stuff was submitted for transfer
but not sure the status.
I will look at Turtlewood next week.
Thanks
Trentt
Trentt James
Environmental Specialist II
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
Phone: [phone]
Email: [e-mail]
Physical Address: 127 Cardinal Dr Ext.
Mailing Address: 127 Cardinal Dr Ext.
Wilmington, NC 28405
E Q .
ie.��
fl lil-(t r tuv •�
Rp��aNnt a16 ona ef�atlryr
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From:Jimmy Fentress<[e-mail]>
Sent: Wednesday, March 31, 20211:39 PM
To:James,Trentt<[e-mail]>
Cc:Scott Gerow<[e-mail]>
Subject: [External]THE KNOLLS AT TURKEY CREEK STORMWATER CONVEYANCE
CAUTION:External email: Do not click links or opera attachments unless vo.0 verify.Send all suspicious email as an attachment to Report
Spam.
Trent,
This appears to be what was sent Ir July of last year. I was thinking as a result of this transmission we had an inspection with
you. I really haven't attempted to expedite Steven too much because I thought we were needing to get good with you before
2

we could get rid of the stormwater permit. I did have a conversation with Steve about it shortly after submitting but it was more
just confirmation that he had received it than anything else. Please confirm that we are following proper protocol.
Thanks,
Jimmy
James H.Fentress Jr.PE 20643,PLS L-3902
Stroud Engineering,PA
102D Cinema Dr.
Wilmington,NC 28403
910.815.0775 x323
3

STROUD ENGINEERING, PY ,�
CONSULTING ENGINEERS '•'
102D CINEMA DRIVE
.�.
wILMINGTON,NORTH CAROLINA 28403
WWW.SIROUDENGfNEER.COM
LICENSE NO.C-0647
July 27, 2020
NCDENR
Attn:Steven G. Pusey
127 Cardinal Drive
Wilmington, North Carolina 28405
Re: The Knolls at Turkey Creek
State Stormwater Management Permit SW8130514&SW8151209
Pender County
Dear Steven,
I am writing on behalf of the permittee for these two permits,Tioga, LLC. In accordance
with items 8 and 12 respectively of each Schedule of Conipliance, I am including certification
that these developments have been built within substantial compliance of the permits. 1 am
also including the record maps,deeds for the common areas,as well as the recorded covenants
substantiating compliance with the per lot Built Upon Area restrictions as well as other permit
regLiirements required to be therein represented. I hope this meets your satisfaction and I
would welcome inspection toward compliance verification. Let me know when you would be
willing to meet onsite to do such.
ks,
Jars H. F ntress Jr. PE,PlS
Attachments
JHF/jf
File W:\rnaster\pw1056\erosion control and stormwater\storm cert cover.doc
107B COMMERCE STREET 102D CINEMA DRNE 3302C BRIDGES STREET
GREENVILLE,NORTH CAROLINA 27858 WILMINGTON,NORTH CAROLINA 28403 MOREHEAD CITY,NORTH CAROLINA 28557
252.756.9362 910.815.0775 252.247.7479

-iiuuiM�uuumumuui®
Doc No: 20015759
Recorded: 10/03/2016 03:06:40 PM
Fee Amt $26.00 Pagel of 3
Excise Tax:$0.00
Pender County North Caroms
Sharon Lear Willoughby,Register of Deeds
BK 4629 PG 1914-1916(3)
Excise Tax: $0.00
Tax Parcel No.3223-36-8056-0000
Pyietuam to: Hodges Coxe Potter&Phillips,LLP,3907-100 Wrightsville Avenue,Wilmington,NC 28403
repared by: Hodges Coxe Potter&Phillips,LLP,3907-100 Wrightsville Avenue,Wilmington,NC 28403
Brief description for the Index: OpenSpace/Common Area,Section 2,Phase 1,The Knolls @ Turkey Creek
The preparer of this instrument has made no examination of the record title to the property conveyed herein and renders
no opinion on title or advice regarding tax matters affecting the property conveyed herein.
STATE OF NORTH CAROLINA
QUITCLAIM DEED
COUNTY OF FENDER
THIS DEED,made this �30" day of September,2016,by and between the Grantor and Grantee named herein.
(The terms"Grantor"and"Grantee"as used herein shall include the singular and plural,the masculine,feminine and
corporate,as the context may require,and the heirs,successors and assigns of the Granter(s)and Grantee(s));
GRANTOR TIOGA,LLC,a North Carolina Limited Liability Company with its principal office in Castle Hayne,
New Hanover County,North Carolina
GRANTEE: The Knolls @ Turkey Creek Homeowners Association,Inc.,a North Carolina non-profit corporation
with its principal office in Wilmington,New Hanover County,North Carolina whose mailing address is:
P.O.Box 12051,Wilmington,North Carolina28405
WTTNESSETH,that said Grantor, for a valuable consideration paid by the Grantee,the receipt of which is hereby
acknowledged,has remised and released and by these presents does hereby remise,release,convey and forever quitclaim
unto said Grantee,his heirs and/or successors and assigns,all right,title,claim and interest of the Grantor in and to that
certain lot or parcel of land situated in Rocky Point Township,Pender County,North Carolina,and more particularly
described as follows:
See EXHIBTT"A"attached hereto and incorporated herein by reference.

BK 4629 PG 1915 DOC#20015769
asm
pg 1915
TO HAVE AND TO HOLD the aforesaid parcel of land and all privileges thereto belonging to the Grantee,his heirs and/or
successors and assigns,free and discharged from all right,title,claim or interest of the Grantor or anyone claiming by,
through or under him.
IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written.
TIOGA,LLC
By: (SEAL)
Scott Ge%W,Meml4r/Manager
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
North Carolina limited liability company,and that 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.
Witness my hand and Notarial stamp or seal this 0 day of September,2016.
My Commission Expires: n 2 V CJ
S'"A kewKcw Qvzzu NotaryPubGc
Notary's Printed Name
(Affix Seal) +
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2

EIK 4629 PG 1916 DOC#20015759
8k 4m
P9 1916
EXHMIT"A"
BEING ALL of the Common Area identified as"OPEN SPACE"on a plat entitled"Section 2 Phase 1 The
Knolls @ Turkey Creek,"said plat duly recorded in Map Book 59 at Page 93 of the Pender County
Registry,reference to which is hereby made for a more particular description. The temporary
community mail-box area adjacent to Lot 145,as identified on said plat recorded in Map Book 59 at
Page 93 of the Pender County Registry,is not included in this conveyance.

BK 4713 PG 2480 - 2482 (3) DOC# 20064404
This Document eRecorded: 06/05/2020 08:48:56 AM
Fee: $26.00 DocType: DEED Tax: $0.00
Pender County, North Carolina
Sharon Lear Willoughby, Register of Deeds
DEED OF COMMON AREAS
Excise Tax: $0.00
Tax Parcel No.: 3223-56-0871-0000, 3223-55-2447-0000, 3223-44-6812-0000, 3223-24-1501-0000,
3223-35-5861-0000, 3223-25-8493-0000 Grantee is a homeowners'association as defined in §528(c)of the
Internal Revenue Code. The property conveyed will be held by the Grantee for the use, benefit and
enjoyment of all members of the association equally, each member of the Grantee has an irrevocable right
to use and enjoy, on an equal basis,the property conveyed herein, subject to the Declaration,Bylaws and
Rules and Regulations of the Grantee, and the irrevocable right to use and enjoy the property conveyed
herein is appurtenant to taxable real property owned by a member of the Grantee. Property should not be
assessed or taxed against the Grantee pursuant to G.S.§105-277.8.
Return to:The Humphries Law Firm, PC, 1904 Eastwood Road,Suite 310A,Wilmington,NC 28403
Prepared by:The Humphries Law Firm,PC, 1904 Eastwood Road, Suite 310A,Wilmington,NC 28403
Property Address:
Brief description for the Index: OPEN SPACE PB 56/46 KNOLLS AT TURKEY CREEK,COMMON AREA PB
61/17 KNOLLS @ TURKEY CRK,COMMON AREA/OPEN SPACE PB 62/27,COMMON AREA KNOLLS @
TURKEY CREEK,COMMON AREA/OPEN SPACE PB 63/54
THIS DEED OF COMMON AREAS,made this q day of To t, 2020,by and between the Grantor
and Grantee named herein.(The terms"Grantor"and"Grantee"as used herein shall include the singular and plural,the
masculine,feminine and corporate,as the context may require,and the heirs,successors and assigns of the Grantor(s)and
Grantee(s));
GRANTOR: Tioga,LLC,a North Carolina Limited Liability Company with its principal Office in Castle Hayne,
New Hanover County,North Carolina
GRANTEE: The Knolls @Turkey Creek Homeowners Association,Inc.,a North Carolina non-profit
corporation with its principal Office in Wilmington,New Hanover County,
North Carolina,with a mailing address of 1908 Eastwood Road, Suite 321,Wilmington,NC 28403.
WITNESSETH
WHEREAS, Grantor, over the course of several years after acquiring said title, commenced the development of said
subdivision which development included but was not limited to the placement of streets, common area easements,
parks green spaces, and other common areas as well as other infrastructure necessary for the subdivision, and the
construction of homes in said subdivision,and
WHEREAS,the following documents pertaining to The Knolls @Turkey Creek subdivision are recorded in the Pender
County Registry Declaration of Covenants, Conditions and Restrictions for The Knolls @ Turkey Creek
("Declaration")in Deed Book 4453 at Page 298, Book 4239. at Page 097 and Book 4561, at Page 294, Plat for Open
submitted electronicallv by "The Humphries Law Firm, P.C."
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Pender County Register of needs.

BK 4713 PG 2481 DOC#20064404
Space of The Knolls @ Turkey Creek in Map Book 56 Page 46 Plat for The Knolls @ Turkey Creek SECTION 2,
PHASE 2 in Map Book!% Page 17, Plat for The Knolls @ Turkey Creek Section 2,Phase 3 in Map Book 62 Page 27
Plat for The Knolls @ Turkey Creek Section 2, Phase 4 in Map Book 62, Page 28 and Plat for The Knolls @ Turkey
Creek Section 2, Phase 5 in Map Book 63,Page 54.
WHEREAS,the aforesaid Declaration and Plats describe and illustrate various common areas, including but not being
limited to streets, alleys cul-de-sacs, islands, parks and green space, easements, and the stormwater runoff retention
system, and
!. WHEREAS,Grantor is duly authorized to make this Deed of Common Areas,and
WHEREAS, Grantee is duly authorized to accept this Deed of Common Areas, and
WHEREAS, Grantor desires to effectuate a transfer of the property herein described to Grantee in the manner
hereinafter set forth
NOW, THEREFORE, Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has granted, bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and
convey unto said Grantee in fee simple, all of that certain lot or parcel of land situated in Rocky Point Township,
Pender County,North Carolina,and more particularly described as follows:
A FEE SIMPLE INTEREST in all of the property being known as the COMMON AREAS and
OPEN SPACE of The Knolls @ Turkey Creek subdivision, said Common Areas and Open Space
consisting of all of the Common Areas and Open Space described in the Declaration recorded in
Deed Book 4453,Page 298 of the Pender County Registry as well as the following:
I
TRACT ONE TAX ID 3223-56-0871 0000 CrHE KNOLLS no,TURKEY CREEK}
BEING all of the tract referred to as OPEN SPACE, totaling 4.65 acres, and referred to in map
Book 56, Page 46, Fender County Registry, reference to which is hereby made for a more
particular description.
TRACT TWO.TAX ID-3223-55-2447-0000(THE KNOT I S Cal TURKE REEK)
BEING all of the tract referred to as ACTIVE OPEN SPACE,totaling 0.12 acres,and referred to
in map Book 56,Page 46,Pender County Registry, reference to which is hereby made for a more
particular description.
TRACT THREE TA7c 7D-322344-01.2-0{100�TI� KNOLLS@ TURKEY CREEK SFCTIaN
2 PHASE 21•
BEING all of the tract referred to as COMMON,totaling 036 acres,and referred to in map Book
61, Page 17, Pender County Registry, reference to which is hereby made for a more particular
l description.
TRACT FOUR.,TAX ID-3223 244501 0000(THE MOLLS Ca`TURKEY CREEK SECTION 2
PHASE 31•
BEING all of the tract referred to as OPEN SPACE COMMON AREA, totaling 6.18 acres, and
referred to in map Book 62,Page 27,Pender County Registry, reference to which is hereby made
for a more particular description.
TRACT FIVVE TAD -323-3_-M1-0000X KNOLLS TURKEY—CREEK SECTION 2
EHASE 4 and same tract also referred to in Sect log Z Phase 51-
BEING all of the tract referred to as OPEN SPACE COMMON AREA, totaling 1.33 acres, and
referred to in map Book 62, Page 28 as well as map Book 63, Page 54,Pender County Registry,
reference to which is hereby made for a more particular description.

13K 4713 PG 2482 DOC#20064404
j TRACT SIX TAX I>rl - 3223 25-$443 0000 (THE T .OL><S Cap TURT�Y Ct2EEK;�EiCTIUN 2
PHASE 5)•
BEING all of the tract referred to as OPEN SPACE COMMON AREA, totaling 7.48 acres, and
referred to in map Book 63,Page 54;Pender County Registry, reference to which is hereby made
for a more particular description.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
t
And the Grantor covenants with the Grantee,that Grantor is seized of the premises in fee simple, has the right
to convey the same in fee simple,that title is marketable and free and clear of all encumbrances, and that Grantor will
warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions:
1.Taxes for the current year,and subsequent years,not yet due and payable;
i 2.All applicable easements,rights of way,restrictions,and reservations of mineral rights of record, including
without limitation all of the covenants,conditions, restrictions and easements running with the title as set forth
in the Pender County Registry;
3.Any other matters appearing of record in the Pender County Registry,as of the day of this Deed;
IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written.
3
Tioga,LLC
By: .SEAL
j Scott row,Mel er/Manage.r
i
i
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 North Carolina limited liability company, and that by authority duly given and as the act
of the limited liability company, the foregoing instrument was duly executed by Scott Gerow as its
I` Member/Manager for the purposes therein expressed.
i
Witness my hand and Notarial stamp or seal this � day of Moo 12020.
i
Commission Expires: p-?/Z`/&?-4
Amy Jaziri,Notary Public
(Affix Seal)
i
AMY JAZIRI
Notary Pubiio, North Carolina
New Hanover County
My Com fission Expires
7-

uiiiui111111 1111iia
Doc No: 20W8333
Recorded: M12/2017 01:44:20 PM
Fee Amt: S28.00 Page 103
Excise Tax$0.00
Pender County North Carolina
Sharon Lear Willoughby,Register of Deeds
BK 4660 PG 2723-2726(S)
AOTf GEROW
Excise Tax: $0.00
Tax Parcel No.3223-45 2301-0000
Return to: Hodges Coxe Potter&Phillip!,LLP,3907-100 Wrightsville Avenue,Wilmington,NC 28403
Prepared by: Hodges Coxe Potter&Phillips,LLP,3907-100 Wrightsville Avenue,Wilmington,NC 28403
Brief description for the Index: O flenSpace/Qpmmon Area,Section 2,Phase 2,The Knolls @ Turkey Creek
The preparcr of this instrument has made no examination of the record title to the property conveyed herein and renders
no opinion on title or advice regarding tax matters affecting the property conveyed herein.
STATE OF NORTH CAROLINA
OUITCLAIM DEED
COUNTY OF PENDER
THIS DEED,made this 30-t�` day of August;2017,by and between the Grantor and Grantee named herein.
(The terms"Grantor"and"GrarrW as used herein shall include the singular and plural,the masculine,feminine and
corporate,as the context may require,and the heirs,successors and assigns of the Grantor(s)and Grarrtee(s)),
GRANTOR: TIOGA,LLC,a North Carolina Limited Liability:Company with its principal office in Castle Hayne,
New Hanover County,.North Carolina
GRANTEE: The Knolls @ Turkey Creek Homeowners Association,Inc.,a North Carolina non-profit corporation
with its principal office in Wilmington,Now Hanover County,North Carolina whose mailing address is:
P.O.Box 12051,Wilmington-,North Carolina29405
WITNESSETH, that said Grantor, for a valuable consideration paid by the Grantee,the receipt of which is hereby
acknowledged,has remised and released and by these presents does hereby remise,release,convey and forever quitclaim
unto said Grantee,his heirs and/or successors and assigns,all right,title,claim and int=st of the Grantor in and to that
certain lot or parcel of land situated in Rocky Point Township,Pander County,North Carolina,and more particularly
described as follows:
See EXIT IT"A"attached hereto and incorporated herein by reference.

BK4650 PG 2724 DOC#2002-8333_..
Bk4fi30
Pg 2724
TO HAVE AND TO WILD the aforesaid parcel of land and all privileges thereto belonging to the Grantee,his heirs and/or
successors and assigns,free and discharged from all right,title,claim or interest of the Grantor or anyone claiming by,
through or under him.
IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of.,the day and year first above written.
TIOGA,LLC
By: SEAL
Scott Ge em nager
State of North Carolina-County of New Hanover
1,the undersigned.Notary Public of the County ofNew Hanover and State aforesaid,certify that ScottGerow,
personally appeared before me this day and acknowledged that he is a Member/Manager of TIOGA,LLC,a
North Carolina limited liability company,and that by authority duly given and as the act afthe limited liability
company,the foregoing instrument was duly executed by Scott Gerow as its Member/Manager for the
purposes therein expressed.
Witness my hand and Notarial,stamp or seal this 30lf"day of August,2017.
CYNTHALTHERKILDSEN C�1 L-ji f4fdw�,otaryPublic
NOTARY PURE' Notarys Printed Name
(AifiSMUMAUS COUNTY,NC
2

BK 4650 Pc 2725 DOC#20028333---
Sk 465D
Pg 2725
BEING ALL of the Common Area identified as"COMMON"area on a plat entitled"Section 2 Phase 2 The
Knolls @ Turkey Creek"said plat duly recorded in Map Book 61 at Page 17 Of the Pender County Registry,
reference to which is hereby made for a more particular description.The temporary community mail-box
area adjacent to Lot 149,as identified on said plat recorded in Map Book 61 at Page 17 of the Pender
County Registry,is not Included in this conveyance.

BK 4610 PG 2530 - 2531 (2) DOC# 20004888
This Document eRecorded: 11/24/2015 11 :12:25 AM
Fee: $26.00 DocType: QCD Tax: $0.00
Pender County, North Carolina
Sharon Lear Willoughby, Register of Deeds
NORTH CAROLINA QUITCLAIM DEED
Excise Tax: $0 NO TITLE SEARCH PERFORMED,NO OPINION RENDERED,DESCRIPTION PROVIDED
Parcel Identifier No. 3223 -q.G— 7 ock 2-C>00©
Property Address: Open Space/Common Area,The Knolls @ Turkey Creek
Prepared By: Colby&Mncey;PLLC
Return to: 1001 IvEitary Cutoff Road,Suite 204
Wilmington,NC 28405
Brief Description for the Index: Open Space/Common Area,The Knolls @ Turkey Creek
THIS DEED made this day of N c i ern b cr ,20 1-J _by and between
GRANTOR GRANTEE
TiOGA,LLC The Knolls @ Turkey Creek Homeowners
Association,Inc.
t
Mailing Address:
Cris l� AoLq n.G I NC 2 a42q
The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors, and assigns,and
shall include singular,plural,masculine,feminine or neuter as required by context
That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) to him in hand paid, the receipt of
which is hereby acknowledged, has remised and released and by these presents does remise, release, convey, and
forever quitclaim unto the Grantee, his heirs and/or successors and assigns, all right, title, claim and interest of the
Grantor in and to a certain lot or parcel of land lying and being in Pender County North Carolina and more
particularly described as follows:
BEING all of the Open Space and Open Space/Common Area on a plat entitled The Knolls @ Turkey
Creek, Phase 2 recorded in Map Book 58 at Page 86, Pender County Registry, reference to which is hereby
made for a more particular description.
submitted electronically by "Colby & Mincey, 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 2531 DOC#20004888
TO HAVE AND TO HOLD the aforesaid parcel of land and all privileges thereunto belonging to him,the Grantee,
his heirs and/or successors and assigns, free and discharged from all right, title, claim or interest of the Grantor or
anyone claiming by,through or under him.
IN WTI'NESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written.
U
TIOGA,LL S
E (SEAL)
By: _... B
Title: , � G'�n�E7 ra' L
By- Q�f1 CL r C _ (SEAL)
Title: K
0 (SEAL)
BY R
Title: B
L (SEAL)
U
E
I
N
\ � g
S `• V CVu C 11�Y'� County State o; NC
J
SW O e I certify that the following person(s)personally appeared before me this day,each
2 j acknowledging to me that he or she voluntarily signed for oing document for the
p ose stated therein and in the capacity indicated: C o 1` af-,o"
NEVI HP Date:
My co ssio expires: otary Pu c
SEAi_STAMP County State of
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
putpose stated therein and in the capacity indicated:
Date:
My commission expires: Notary Public
The foregoing Certificates) of is/are
certified to be correct This instrument and this certificate are duly registered at the date and time and in the Book
and Page shown on the first page hereof
Register of Deeds for _
County
By: Deputy/Assistant—Register of Deeds

m n1iueu1uMiEu1n
Doc No: 20028332
Recorded: 09/12/2017 01 A4:19 PM
Fee Amt $26.00 Page 1 of 2
Pander County North Carolina
Sharon Lear Willoughby,Register of Deeds
sK 4650 PG 2721-2722(2)
Prepared by: Efodges Coxo Potter&Phillips,LLP,3907-100 Wrightsville Ave,Wilrnington,NC 28403
Return to: Hodges Coxe Potter&Phillips,LLP,3907-100 Wrightsville Ave.Wilmington,NC 28403
STATE OF NORTH CAROLINA
COUNTY OF PENDER
FOURTH AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS
AND RESTRICTIONS FOR THE KNOLLS @ TURiCEY CREEK
THIS FOURTH AMENDMENT TO THE DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS FOR THE KNOLLS @ TURKEY CREEK,made this
3Ot' day DfAugust,2017,by TIOGA,LLC,allorth Carolina limited liability company,hereinafter
referred to as"Declarant".
WITNESSETH:
WHEREAS,the Declarant has developed a subdivision in Fender County known as The
Knolls @ Turkey Creek(hereinafter"Subdivision");said Subdivision being shown on that trap
recorded in Map Book 56 at Page 46 of the Pender County Registry;
WHEREAS,the Declarant caused a Declaration of Covenants Conditions and Restrictions
(hereinafter"Covenants")for the Subdivision to be recorded in Book 4453 at Page 298 ofthe Pender
County Registry;
WHEREAS,pursuant to Article III,Section l(f),the Covenants may be amended by the
Declarant to conform with the requirements of any law or governmental agency having legal
jurisdiction over the property of the Subdivision;
section;WHEREAS,the Declarant desires to amend the Covenants pursuant to said article and
WHEREAS,pursuant to Article X,the Covenants provide for the annexation of additional
properly into the-Subdivision; Z -------- -
SCOTf GEROW

BK 4650 PG 2722 DOC#20028332
Bk 4G50
Pg 2722
WHEREAS,the Declarant has recorded a map in Map Book 61 at Page 17 of the Pender
County Registry showing additional lots which Declarant desires to annex into the Subdivision.
NOW,THEREFORE,Declarant does hereby amend the Covenants recorded in Book 4453 at
Page 298 of the Pender County Registry as follows:
1. All of the property shown on the map recorded in Map Book 61 at Page 17 of the
Pender County Registry is hereby made subject to the Covenants set out by Declarant
in Book 4453 at Page 298 of the Pender County Registry;
IN WITNESS WHEREOF,the Declarant has hereunto set its hand and seal as of the day
and year first above written.
DECLARANT:
TIOGA,LLC
By SEAL
Scott w, AM er/Manager
State of North Carolina-County of New Hanover
1,the undersigned Notary Public of the County of New Hanover and State afDmsaid,certify that Scott Gerow,
personally appeared before me this day and acknowledged that he is aMember/Manager of TIOGA,LLC,a
Limited liability company,and that by authority duly given and as the act ofthe limited liability company,the
foregoing instrument was duly executed by Scott Gerow as its MemberlManager for the purposes therein
expressed.
Witness my hand and Notarial stamp or seal this Wday of August,2017.
M,y Commission Expires: IJ-a'J -a o
is L• 7fie i d�'�btary:Public
(Affix S ) Crn M N 's Printed Nan►e

B IiNIIBIINI�lNI9l1191q
D.
oc No• 20014231
Recorded: 08/23/2016 02-44.45 PM
Fee Amt: 526.Oo Page 1 of 3
Pender County North Carolina
Sharon Lear Willoughby,Register of Deeds
BK 4626 M 2614-2616(3)
Prepared by: Sarah R.Buzzard,Hodges Coxe Potter&Phillips,LLP
Return to: 3907-100 Wrightsville Ave.Wilmington,NC 28403
STATE OF NORTH CAROLINA
COUNTY OF PENDER
THIRD AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS \
AND RESTRICTIONS FOR THE KNOLLS n TURKEY CREEK
THIS THIRD AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS
AND RESTRICTIONS FOR THE KNOLLS @. TURKEY CREEK, made this 54'" day of
August,2016,by TIOGA,LLC,a North Carolina limited liability company,hereinafter referred to as
"Declarant".
WITNESSETH:
WHEREAS,the Declarant has developed a subdivision in Pender County known as The
Knolls r 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 Restrictions
(hereinafter"Covenants")for the Subdivision to be recorded in Book 4453 at Page 298 of the Pender
County Registry;
WHEREAS,pursuant to Article III, Section 1(f),the Covenants may be amended by the
Declarant to conform with the requirements of any law or governmental agency having legal
jurisdiction over the property of the Subdivision:
WHEREAS, the Declarant desires to amend the Covenants pursuant to said article and
section;
WHEREAS,pursuant to Article X.the Covenants provide for the annexation of additional
property into the Subdivision;

BK 4626 PG 2515 DOC#20014231
Bk 4626
Pa 2515
WHEREAS,the Declarant has recorded a map in Map Book 59 at Page 93 of the Pender
County Registry showing additional lots which Declarant desires to annex into the Subdivision.
NOW,THEREFORE.Declarant does hereby amend the Covenants recorded in Book 4453 at
Page 298 of the Pender County Registry as follows:
1. All of the property shown on the map recorded in Map Book 59 at Page 93 of the
Pender County Registry is hereby made subject to the Covenants set out by Declarant
in Book 4453 at Page 298 of the Pender County Registry.
2. Article IX.Section 2 shall be amended to include the following:
The following covenants for The Knolls at Turkey Creek Section 2 are intended to
ensure ongoing compliance with State Stormwater Management Permit Number SW8
151209 as issued by the Division of Water Quality under the Stormwater Management
Regulations,Title 15A NCAC 2H.1000 and S.L.2006-246.
The State of North Carolina is made a beneficiary of these covenants to the extent necessary
to maintain compliance with the stormwater management permit.These covenants are to run
with the land and 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 Water Quality.Alteration of the drainage as
shown on the approved plan may not take place without the concurrence of the Division of
Water Quality.
The maximum allowable built-upon area per lot is 4,500 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 line and the edge of the pavement. Built upon area
includes,but is not limited to,structures,asphalt,concrete,gravel,brick,stone,slate,and
coquina,but does not include raised.open wood decking,or the water surface of swimming
pools.In the case of a conflict within CAMA's regulated AEC,where the Division of Coastal
Management calculates a different maximum allowable built-upon area for that lot than is
shown herein, the governing maximum built-upon area for that lot shall be the most
restrictive of the two. Filling in or piping of any vegetative conveyances(ditches,swales,
etc.) associated with the development except for average driveway crossings is strictly
prohibited by any persons.Each lot will maintain a 50 foot wide vegetated buffer between all
impervious areas and surface waters.All roof drains shall terminate at least 50 foot from the
mean high water mark of surface waters_
Any individual or entity found to be in noncompliance with the provisions of the stormwater
management permit or the requirements of the stormwater rules found in Title 15A NCAC
2H.1000 and Session Laws 2006-246 and 2008-211 is subject to enforcement procedures as
set forth in N.C.G.S.A.Ch. 143,Art.21.

BK 4626 PG 2516 DOC#2001423
asas
P9 2516
IN WITNESS WHEREOF,the Declarant has hereunto set its hand and seal as of the day
and year first above written.
DECLARANT:
TIOGA,LLC
By:
Scott Get em er/Manager
State of North Carolina-County of New Hanover
I,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,and that by authority duly given and as the act of the limited liability company,the
foregoing instrument was duly executed by Scott Gerow as its Member/Manager for the purposes therein
expressed.
Witness my hand and Notarial stamp or seal this 54" day of August,2016.
My Commission Expires: 1 pp
� ��}},rAl 1f2Gt/hevr JlUzAayj Notary Public
vstw Notary's Printed Name
i,, ER(Affix Seal) g�j
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BK 4610 PG 2528 - 2529 (2) DOC# 20004887
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 @ TURKEY CREEK
THIS AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS
AND RESTRICTIONS FOR THE KNOLLS @ 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'D; 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
Co-ublrt Registry showing additional lots which Declarant desires to annex into the Subdivision;
and
NOW, THEREFORE, Declarant, does hereby amend the Covenants recorded in Book
4453 at Page 296 of the Pender County Registry as follows:
submitted electronically by "Colby & mincey, 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
1. 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
J
By - (SEAL)
Scott Gero , elber/Manger
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 Z� day of November,2015.
CCLrr'i e: t_ Notary PubC��
My commission expires: 2-o
0.
'-J t" p m Q
2 A01

111111111111 Jill 111111111111111111111 BOOK:4467 PAGE:113 13 z4 7°ooa E
Sharon Lear Willoughby.Pender County Register of Deeds Page 1 of 3
Pre aredB KE� LBYi)i.i.(-
STATE OF NORTH CAROLINA P y- �1 1+)R N F 15 A 1 t:t W
Return To: 1001 Military Cutoff Road,Suite 204
COUNTY OF PENDER Wilmington,NC 28405
AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS AND
RESTRICTIONS FOR THE KNOLLS @ TURKEY CREEK
THIS AMENDMENT TO THE DECLARATION OF COVENANTS CONDITIONS
AND RESTRICTIONS FOR THE KNOLLS @ TURFY CREEK made this 27th day of August
2014, by and between TIOGA, LLC, a North Carolina limited liability company (hereinafter re-
ferred to as"Declarant").
WITNESSETH:
WHEREAS, the Declarant has developed a subdivision in Pender County known as The
Knolls @ Turkey Creek (hereinafter "Property"); 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, Article III, Section 1(fl provides that the Covenants may be amended by
Declarant to conform with the requirements of any law or governmental agency having legal ju-
risdiction over the Property; and
WIIEREAS, the Declarant desires to amend the Covenants pursuant to said article and
section.
NOW, THEREFORE,Declarant, does hereby amend the Covenants as follows:
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.

I Jill III 1111 II 11111 II 11111 BOOK:4467 PAGE:114 °3 2417.000 E
Sharon Lear Willoughby.Pender County Register of Deeds Page 2 of 3
1.Article III, Section 2 shall be deleted in its entirety and replaced with the following:
SECTION 2. Amendment of Declaration. Except as provided above, and as provided in
Article IX, Section 2, 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 payment thereof established herein.
2.Article IX, Section 2 shall be deleted in its entirety and replaced with the following:
SECTION 2. Stormwater Management. The following covenants are intended to en-
---- - - sure­bngoing compliance with State'Stormwater Managemeiit"PermifNuriiber StiVB - --
130514 as issued by the North Carolina Department of Environment and Natural
Resources under 15ANCAC 2H.1000.
The maximum allowable built-upon area per lot is 4,500 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, but does-not include raised, open wood decking, or the water sur-
face of swimming pools. The covenants pertaining to stormwater may-not be altered or
rescinded without express written consent of the State of North Carolina. Filling in or
piping of any vegetative conveyances associated with the development except for aver-
age 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 differ-
ent maximum allowable built-upon area for that lot than is shown herein, the governing
maximum built-upon area that lot shall be the most restrictive of the two.
The State of North Carolina is made a beneficiary of these covenants to the extent nec-
essary 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 North Carolina Department of Environment and Natural Resources. These
covenants are to run with the land and shall be binding on all persons and parties claim-
ing under them.Each lot will maintain a 50' wide vegetated buffer between all impervi-
ous areas and surface waters. All roof drains shall terminate at least 50' from the mean
high water mark of surface waters.
Any individual or entity found to be in noncompliance with the provisions of the
stormwater management permit or the requirements of the stormwater rules found in
15ANCAC 02H.1000 and Session Law 2008-211, is subject to enforcement procedures
as set forth in NCGS 143,Article 21.

11111 Jill II IJill 111111111111111111111 BOOK:4467 PAGE:115 13 24 17.000 E
Sharon Lear WIIloughUy.Pender County Register of Deeds Page 3 of 3
IN WITNESS THEREOF,the panties have hereimto set their hand and seal.
TIOGA,LLC -
f
BY -- (SEAL)
Scott Gerow, ber anger
STATE OF NORTH CAROLINA,COUNTY OF NEW HANOVER
I, a Notary Public of the Cotmty 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. i
Witness my hand and official stamp or seal, s 2-T day ofA ust,,20 4.
Notary Pub
My commission expires: <6h/20
4 G
10-1,K-1
ARY cp '
U coM M eke 8 �A�s

BOOK:4453 PAGE:298 °a:s3 31.000 E
Sharon Lear Willoughby.Pender County Register of Deeds Page 1 of 18
PREPARED BY: Bala=&Colby,PLLC
RETURN TO: 1001 Military Cutoff Road,Suite 204
wilmingtoa,NC 28405
STATE OF NORTH CAROLINA COUNTY OF FENDER
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 6 day
of July,2014 by TIOGA,LLC,a North Carolina limited liability company,hereinafter referred to as"Declar-
aae.
� 3 -1 X F, 3 _S E T I: :
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 casements,restrictions, covenants,and conditions,which are for the pur-
pose of protecting the value and desirability of,and which shall ran 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 shall 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 forth 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 10:53:31.000
Sharon Lear Willoughby.Pender County Register of Deeds Page 2 of 18
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. Cot MUW, jr Wide Standard. Declarant shall establish initially a standard for the con-
duct,construction,maintenance,replacement or other activity generally prevailing at The Knolls @ Turkey
Creels pursuant to Architectural Guidelines, Restrictions and Rules. Declatant may unilaterally amend said
standards as the development progresses.
SECTION 4.Declarant shall refer to TIiOGA,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 context).
SECTION 5. Declaration shall mean this instrument as it may be from time to time amended or
supplemented.
SECTION G.Development Period 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 (1)
when Declarant no longer owns a Lot in the Subdivision; (u) the date that Declarant relinquishes in writing
Declaranfs 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.Lotlsl 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.Member( ,shall mean and refer to every person or entity that has a Membership in the
Association.
SECTION 9.Membership 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. caner 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.PropeMshall mean the Property as defined in the preamble to this Declaration.
ARTICLE II.
PROPERTY RIGHTS AND EASEMENTS
SECTION 1. Owners'Property Rights and Easement of EnjQvment in the Common Area 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 flues 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

Jill I II 'I II"'ll 111111111111111111111 BOOK:4453 PAGE:300 10:53 31.000 E
Sharon Lear Willoughby.Peitder County Register of Deeds Page 3 of 18
(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 malting 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 real property of this subdivision to a contract with
any and 2R utility companies as necessary including,but not limited to,installation of street light-
ing which may require a 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. Amendment 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
lax-exempt status;
(e) to include any platting change as permitted herein;
(f) 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

BOOK:445 3 PAGE:301 108108/2014
:53:31.000 e
Sharon Lear Willoughby.Pender County Register of Deeds Page 4 of is
made,insured or guaranteed by a governmental agency or to comply with the requirements of
law or regulations of any corporation or agency belonging to, sponsored by, or under the 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 Declaration 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 10 own,operate and maintain the Common Areas, (it)to maintain the
Designated Common Area,(1n)to maintain the Limited Common Areas,and(iv) serve as a member of The
Knolls rQ Turkey Creels all in accordance with this Declaration,the Association's Charter and Bylaws.
SECTION 2. Membersl�uu 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.VotiagRghts.The Association shall have two classes of voting Membership:
(a) Class 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, tights 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

BOOK:4453 PAGE:302 108/08/2014
0:53:31.000 E
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. Insurance It shall be the duty of the Association to maintain in effect casualty and
liability insurance as follows:
(a) Amount and Scone 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 least$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) Proceed All insurance policies purchased pursuant to these provisions shall provide that all
proceeds thereof shall be payable to the Board as insurance trustee or to such attorney-at-law or
institution with trust powers as may be approved by the Board of Directors;
5

II'II'I �IfI' II'I I�I'IIII 'I"I�I"I '�' BOOK:4453 PAGE:303 10:53:31.000
Sharon Lear Willoughby.Pender County Register of Deeds Page 6 of 18
(e) Policies.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;
(� 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. Fid&liZ 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 FOR ASSESSMENT'S
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' 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 rensor-ghle sftorney's fee., 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
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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 Im_prov�etnents In addition to the Annual Assessments
authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to the
year only for the purpose of defraying,in whole or in part,the cost of any construction,reconstruction,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. Insurance Assessments 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.Rate 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 6.Wor ' CapitaL The Association is authorized to establish an amount to be collected
from each purchaser of a Lot(s) tc 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. Effect of Nonn&,yment of Assessments and Remedies 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 become 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 installments_
SECTION 10. Lien for Assessments The Association may file a lien 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 n 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 (u) 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 pasty.
(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 purchases,its heirs,successors and assigns.
(fl 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 1 L.Common Surplus.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.
ARCHITECTI IF Al,CONTRO
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 Rights. 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 Strolls @ Turkey Creek
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: (1) assure harmony of external design and location in relation to surrounding build-
ings and topography and(ii)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 Approval.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(iii) for any item
that is concealed from view by improvements, structures, fencing,vegetation, or other items previously ap-
proved or installed.
SECTION 5.Objective Standards In addition to any other express standard that may be provided by
this Declaration,all actions by the Committee must: n assure harmony of external design,materials,and lo-
cation in relation to surrounding buildings and topography within the Properties; and (u) protect and con-
serve the value and desirability of the Properties as a residential community; and C4 not conflict with the
express provisions of the Legal Documents;and(xv) 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 Regulations.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 Cl) consistent with the provisions of the Legal Documents;
and(n)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 Jg4=ent. 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-
'nary 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 by 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 events and at all times 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.AWlications 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 0 the Committee's intent to deny the applica-
tion,or(n)any additional plans,specifications,drawings,or other items that the Committee will require to act
upon the application,or (4 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 applicants
choosing,is entitled to a reasonable opportunity to be heard 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.ApprovaL The Committee's approval is deemed given under any of the following cir-
cumstances: (1) the Committee fails to deny any application within 75 days after receipt;unless the applicant
agrees to a longer period of time;or(i) 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(lii)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.C a es 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,ox 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 time 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 Article 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.Use Restrictions.
(a) DweIUM Size The minimum heated square footage of each dwelling shall not be less
than 1,100 square feet
(b)Land Use and Building Typ 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 not 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) Tempos Structures. No structure of a temporary character, trader, 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 driveways,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)Ate.No animals,livestock,poultry of any kind shall be kept or maintained on any
Lot or in any dwelling except that dogs, rats, or other household pets may be kept or+„ai„ra;ned 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) Nuisance. 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) S=mry.TV Satellite 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.
n Construction in Any Future Common 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.
0) Subdividing 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 gash pickup.
0)Christmas Decorations.Christmas decorations may only be exhibited between November
20 and January 7 of the following year.
(m)Fes. 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 Sigmas No political signs may be displayed upon any common areas or individual
lots within the subdivision.
(o) Dam=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. Maintenance 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 frill 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 frilly 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
RN RAL PROVISIONS
SECTION 1.Restrictions on gu dicdonal 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 Pender 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,US.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 cla;�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.
��`Ieme_nt l�w�cove,�ts�''aEe�inn'
iopee`iip�iance � �.;g -fiW&,*3WA* "
The maximum allowable built-upon area per lot is aqwmis-kmt 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 in, piping or altering any vegetative
conveyances (ditches,swales,etc.) associated with the development except for average driveway crossings,is
strictly prohibited by any petsons. Ia case of a lot within CA.11�INs regulated AEC, where the Division of
Coastal Management calculates a different 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 cover.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 Storrawater 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 sv a 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 Institutional 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,(f receive written notice of a lapse,cancellation,or material modification of
any insurance policy or fidelity bond maintained by the Association, (8) 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 TV 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 directiy 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 Declatant or the Association.
SECTION 5. Se ra '' . 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 G.Lots Subject to Declaration/Enforcement All present and future Owners,tenants and
occupants of Lots and their guests or invitees,shall be subject to,and shall comply with the provisions of the
Declaration,and as the Declataduli way 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-
14

'I 11111 II'I 111111111111111111111 BOOK:445 3 PAGE:312 1053 31.000 E
Sharon Lear Willoughby.Pender County Register of heeds Page 15 of is
ty(20)years from the date this Declaration is recorded,after which time they shall be automatically extended
for successive periods of (10)years,unless to ninated 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. Irbil ty of Deda_ran . 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
ARTICLE x
FUTURE DEVELOPMENT
SECTION 1.Developer may,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 Iaer acquired(the'Ad-
ditional Propetty'D,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
Property shall be subject
IN WITNESS WHEREOF,the undersigned has caused this Declaration to be exe-
cuted the day and year first above written.
Notary Pub 'k.ttEll DECI.AR ANT:
My Per? .C°►rh Car TIOGA,
SLID mmisr�°snty ° na
bb®r 7 j Piro,
is s By (SEAL)
Scott Ger emb
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 Scott Gerow,Member/Manager of TIOGA,LLC
Date1-11014
Printed Name:
e:_ R&aA t4 C� Notary Public
My commission expires: 1-1 21 167
15

BOOK:4453 PAGE:313 108/08/2014
0:53 31.000 e
Sharon Lear Willoughby.Pender County Register of Deeds Page 16 of 18
LENDER
Corning Federal Credit Union
B (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 Lending Officer of Corning Federal
Credit Union
Date: 8/6(2014
Printed Name: Janet R. Meyland Notary Public
My co>gtn g,,expires: 14/15
XA o r
T STEE:
2 L r G Cx;
�� EAL)
�''�;cA Cp�N�,•`� es A MacDonald
��+Illl lllttR
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 capad-
ty indicated:James A.MacDonald
Date: 8/612014 V
Printed Name: Janet It Meyland Notary Public
`�.•`�P�AET R. '
My commission expires: 05/14/15 `S 14 O 7,4'Q �2
=1 eLrc c,•I'
'''-, out;•''
9C
16

11111 Jill 111111111111111111111 BOOK:4453 PAGE:314 108/08/2014
0:53:31.000 E
Sharon Lear Willoughby.Pender County Register of Deeds Page 17 of 18
($F.AT.)
AM&=John s
X�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 purpo d therein and in the capaci-
ty indicated:Andrew John Wells
Date: . t 1�
Printed e: E&2""JVL Af "1WNotary Public
My commission expires: 01 O f n 1A
v '
.\2 eJp�;t,� tgs
Q
s s
18

BOOK:4453 PAGE:315 °o:s3 31..000
Sharon Lear Willoughby.Pender County Register of Deeds Page 18 of 18
J
`James I.Girton
//i
(SEAT")
Vivian j Girton
`CYtil (� County,North Carolina
I certify that the following person(s)personally appeared before me this day,each acknowledging to
me that he or she voluatatily signed the foregoing document for the purpose stated therein and in the capaci-
ty indicated:James I.Girton and Vivian J.Girton
Date: \
Printed Name: ^"r-1 - 6)J n 'n ,Notary Public
My commission expires: 2 ! �,
AM 0,Gunn
N&&Iy Public
z 13e H&nover County
mortn Carolina
srmission E ires a 21 416
r
17

Scott, Georgette
From: Scott, Georgette
Sent: Friday, October 26, 2018 11:20 AM
To: 'Kutz, Kevin'
Cc: James, Trentt
Subject: RF• [External] nrive way culvert pipe
I have sent this to the inspector. He will have to review the file and look at his schedule on when he can get out
there. I have asked him to let you know.
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax[phone]
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
~•Nothing Compares.,----.
co,reSF ofOem-P to a+id fr,;m flri.s address is subject to the
,a„oiiri-j P; Mir:•,9ecords 1.. t^! wid!nay he disclosed to third part es,
From: Kutz, Kevin<[e-mail]>
Sent: Friday, October 26, 2018 10:14 AM
To:Scott,Georgette<[e-mail]>
Subject: RE: [External] Drive way culvert pipe
CAUTIGN:
`6• a n
54 Poults Place Rocky Point NC 28457
From:Scott, Georgette<[e-mail]>
Sent: Friday, October 26,2018 10:04 AM
To: Kutz, Kevin <[e-mail]>
Subject: RE: [External] Drive way culvert pipe
` email originated s outside of - organization.
■s not open attachments or on ■ recognize - sender and knowthe
content is
Kevin,
I need a little more information from you so I can determine what permit this is associated with.
1

What is your address so l can look this up on Google?
Georgette Scott ,
State Stormwater Program Supervisor
Department of Environmental Quality
Office(910) 796 7215
Fax[phone]
Georgette.Scott cDncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
->'Nothing Compares
577ai1 correspondence to and from this addiese is subject to the
North Carolina Public Records La tv and may be disclosed to third pa+7ies.
From: Kutz, Kevin<Kevin.Kutz([e-mail]>
Sent:Thursday, October 25, 2018 5:47 PM
To:Scott,Georgette<[e-mail]>
Subject: RE: [External] Drive way culvert pipe
rCAU • : --
I know you are busy but have you had any time to look into this?
From:Scott, Georgette<[e-mail]>
Sent:Tuesday,October 16,2018 12:09 PM
To: Morman,Alaina<[e-mail]>; Kutz, Kevin<[e-mail]>
Cc: Lambe, Brian<[e-mail]>
Subject: RE: [External] Drive way culvert pipe
ATTENTION, This email originated from outside of the organization.
D■ not open attachmentsor on ■u recognize the senderand know the content
safe
We will have to research this and get back to everyone.
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office(910) 796 7215
Fax[phone]
Georaette.Scott rAncdenr,gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
2

'Nothing Compares..
Erma co.n.espondence to and t,om this address is subject to the
North Carolina Public records Lave and noay be disclosed to third parties
From: Morman,Alaina
Sent:Tuesday, October 16,2018 11:33 AM
To: Kutz, Kevin<[e-mail]>
Cc: Lambe, Brian<[e-mail]>;Scott, Georgette<[e-mail]>
Subject: RE: [External] Drive way culvert pipe
Hi Kevin,
I'm including my colleagues in the Wilmington Regional Office in this response because they can most likely be of more
help.
Brian and Georgette: any recommendations?
Thank you,
Alaina
Alaina Morman
Environmental Specialist
Stormwater Program
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
919-707-9236 (0)
DEMLR Stormwater Program
512 N. Salisbury Street
1612 Mail Service Center
Raleigh, NC 27699-1612
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third
parties.
From: Kutz, Kevin [mailto:[e-mail]]
Sent:Tuesday, October 16, 201811:18 AM
To: Morman,Alaina<[e-mail]>
Subject: [External] Drive way culvert pipe
wili-----w-i--01111FRMFFW,-Do�- --. �— ink afl su5riciaas email as an attachmen:'.,
Hi, My name is Kevin Kutz. I live in a subdivision in Pender county called The Knolls at Turkey creek. When the culvert
was put under my drive way it was crushed closed and then dirt put over it and drive poured. I have been trying to get
the builder to repair this for several months. The other side of my drive way has the main cul-de-sac run off to the
creek. Water has almost flooded my neighbor's house twice because the storm water cannot get through. Also during
the hurricane it caused a wash out at the creek washing part of my yard into the creek and causing a tree to fall. The
3

basin at the other side where the main run off is has also washed out and the concrete box the builder install moved
about 4 feet and more soil washed into the creek. Is there anything you can do to help me get these problems resolved
or tell me whom I can speak with? Thanks for your time.
CONFIDENTIALITY NOTICE
This e-mail is intended only for the addressee named above.It contains information that is privileged,confidential or otherwise protected from use and
disclosure.If you are not the intended recipient,you are hereby notified that any review,disclosure,copying,or dissemination of this transmission,or
taking of any action in reliance on its contents,or other use is strictly prohibited.If you have received this transmission in error,please reply to the
sender listed above immediately and permanently delete this message from your inbox.
CONFIDENTIALITY NOTICE
This e-mail is intended only for the addressee named above. It contains information that is privileged, confidential or
otherwise protected from use and disclosure. If you are not the intended recipient,you are hereby notified that any
review, disclosure, copying, or dissemination of this transmission,or taking of any action in reliance on its contents, or
other use is strictly prohibited. if you have received this transmission in error, please reply to the sender listed above
immediately and permanently delete this message from your inbox.
CONFIDENTIALITY NOTICE
This e-mail is intended only for the addressee named above. It contains information that is privileged, confidential or
otherwise protected from use and disclosure. If you are not the intended recipient,you are hereby notified that any
review, disclosure, copying, or dissemination of this transmission,or taking of any action in reliance on its contents,or
other use is strictly prohibited. If you have received this transmission in error, please reply to the sender listed above
immediately and permanently delete this message from your inbox.
4

r
Scott, Georgette
From: Scott, Georgette
Sent: Friday, October 26, 2018 11:19 AM
To: James, Trentt
Cc: Johnson, Kelly
Subject: FW: [External] Drive way culvert pipe SW8151209
Trentt,
Can you take a look at this. I have left the file on your desk. This is a low density and there is probably not
much we can do about the driveway pipe unless it is causing a problem with the swale. I have included Kelly
on this email because this permit was granted for an alternative LD system. She will have to evaluate the
problems you find and make a determination if they need to redesign.
Please let Mr. Kutz know when you can take a look.
Thank you
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office(910) 796 7215
Fax[phone]
Georgette.ScottCD_ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
a� r Nothing Compares.
E-mail;;orrespondei?ce to acid f o17? [tarS address is subject to[fie
t Nnrth aroiiri.q r"oh!ic:Records Law and,may be disclosed to thin!parties.
From: Kutz, Kevin<Kevin.Kutz@ HendrickAuto.com>
Sent: Friday,October 26, 2018 10:14 AM
To:Scott, Georgette<[e-mail]>
Subject: RE: [External] Drive way culvert pipe
-- m--------
:,Ada ■.
54 Poults Place Rocky Point NC 28457
From:Scott, Georgette<[e-mail]>
Sent: Friday, October 26, 2018 10:04 AM
To: Kutz, Kevin<Kevin.Kutz(@HendrickAuto.com>
Subject: RE: [External] Drive way culvert pipe
1

t
ATTENTION- This email originated \ outside of - organization-
Do • open attachmentsor on •u recognize the sender and know the content
safe
Kevin,
I need a little more information from you so I can determine what permit this is associated with.
What is your address so I can look this up on Google?
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office(910) 796 7215
Fax[phone]
Georgette.ScottCa.ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
;. "Nothing Compares
Ernaii correspondence to and fro/»this ad&es S ecf fo the
Noah Carofh?a Pubiir, Rocnr;; Law,3rd???,?Y!,, Josed to tNid i+
From: Kutz, Kevin <Kevin.Kutz HendrickAuto.com>
Sent:Thursday, October 25, 2018 5:47 PM
To:Scott, Georgette<[e-mail]>
Subject: RE: [External] Drive way culvert pipe
.CAUTION:
D,
I know you are busy but have you had any time to look into this?
From:Scott, Georgette <[e-mail]>
Sent:Tuesday, October 16, 2018 12:09 PM
To: Morman,Alaina <[e-mail]>; Kutz, Kevin<[e-mail]>
Cc: Lambe, Brian<brian.lambe ncdenr.gov>
Subject: RE: [External] Drive way culvert pipe
ATTENTION- This email originated from outside of the organization.
Ia■ not openon - recognize - sender and know the content
We will have to research this and get back to everyone.
Georgette Scott
2

State Stormwater Program Supervisor
Department of Environmental Quality
Office [phone]
Fax[phone]
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
- -- Nothing Compares
Email correspondence to and from this address is strf)1ert to the
North Carolina Public Records Law and may he disclosed to third
From: Morman,Alaina
Sent:Tuesday, October 16,2018 11:33 AM
To: Kutz, Kevin<[e-mail]>
Cc: Lambe, Brian<[e-mail]>;Scott,Georgette<[e-mail]>
Subject: RE: [External] Drive way culvert pipe
Hi Kevin,
I'm including my colleagues in the Wilmington Regional Office in this response because they can most likely be of more
help.
Brian and Georgette: any recommendations?
Thank you,
Alain
Alaina Morman
Environmental Specialist
Stormwater Program
Division of Energy, Mineral,and Land Resources
North Carolina Department of Environmental Quality
919-707-9236 (0)
DEMLR Stormwater Program
512 N.Salisbury Street
1612 Mail Service Center
Raleigh, NC 27699-1612
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third
parties.
From: Kutz, Kevin [mailto:Kevin.Kutz@HendrickAuto com]
Sent:Tuesday, October 16, 2018 11:18 AM
To: Morman,Alaina<alaina.morman ncdenr.gov>
Subject: [External] Drive way culvert pipe
3

AerturtSs am.
Hi, My name is Kevin Kutz. I live in a subdivision in Pender county called The Knolls at Turkey creek. When the culvert
was put under my drive way it was crushed closed and then dirt put over it and drive poured. I have been trying to get
the builder to repair this for several months. The other side of my drive way has the main cul-de-sac run off to the
creek. Water has almost flooded my neighbor's house twice because the storm water cannot get through. Also during
the hurricane it caused a wash out at the creek washing part of my yard into the creek and causing a tree to fall. The
basin at the other side where the main run off is has also washed out and the concrete box the builder install moved
about 4 feet and more soil washed into the creek. Is there anything you can do to help me get these problems resolved
or tell me whom I can speak with? Thanks for your time.
CONFIDENTIALITY NOTICE
This e-mail is intended only for the addressee named above. It contains information that is privileged,confidential or otherwise protected from use and
disclosure. If you are not the intended recipient,you are hereby notified that any review,disclosure,copying,or dissemination of this transmission,or
taking of any action in reliance on its contents,or other use is strictly prohibited.If you have received this transmission in error,please reply to the
sender listed above immediately and permanently delete this message from your inbox.
CONFIDENTIALITY NOTICE
This e-mail is intended only for the addressee named above. It contains information that is privileged,confidential or
otherwise protected from use and disclosure. If you are not the intended recipient,you are hereby notified that any
review, disclosure, copying, or dissemination of this transmission,or taking of any action in reliance on its contents,or
other use is strictly prohibited. If you have received this transmission in error, please reply to the sender listed above
immediately and permanently delete this message from your inbox.
CONFIDENTIALITY NOTICE
This e-mail is intended only for the addressee named above. It contains information that is privileged, confidential or
otherwise protected from use and disclosure. If you are not the intended recipient, you are hereby notified that any
review, disclosure,copying, or dissemination of this transmission, or taking of any action in reliance on its contents,or
other use is strictly prohibited. If you have received this transmission in error, please reply to the sender listed above
immediately and permanently delete this message from your inbox.
4