SW8050426_CURRENT PERMIT_20230214

STORMWATER DIVISION CODING SHEET
POST-CONSTRUCTION PERMITS
PERMIT NO. SW8 0501.kl�lp
DOC TYPE ® CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE 2 0`Z"3 0 21`4
YYYYMMDD

4 Kx.STA?i
4
ROY COOPER
Governor -
ELIZABETH,S,BISER
Secretary °�^'"n0�•
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
February 141, 2023
Arbor Creek Community Association,Inc.
Attn: Robert Fulton, Board President
1628 Doctors Circle
Wilmington,NC 28401
Subject: Permit Renewal
Post-Construction Stormwater Management Permit No. SW8050426
Traemoor at Arbor Creek Phase 7
Brunswick County
Dear Mr. Fulton:
Effective August 1, 2013 the Post-Construction Stormwater Management Program has been transferred from the
Division of Water Quality("DWQ")to the Division of Energy, Mineral and Land Resources("DEMLR"). All
previous references to DWQ will remain in older permits issued prior to August 1, 2013 until they are modified.
Please note that this permit will now reference DEMLR as the Division responsible for enforcement of the permit.
On August 5,2009, the Governor signed Session Law 2009-406. This law impacted any development approval
issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which
was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the
effective period of any permit that was set to expire during this time frame to three (3)years from its current
expiration date. On August 2, 2010,the Governor signed Session Law 2010-177, which granted an extra year for
a total of four(4)years extension.
The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on December 19',2022. The Division is hereby notifying you that permit SW8050426 has
been renewed, updated, and re-issued on February 14'2023, as attached. As requested, a copy of the current
operation and maintenance agreement is also enclosed. Please be aware that the renewal and re-issuance of this
stormwater permit does not imply that the site is currently in compliance.
This permit shall be effective until April 29",2027, which includes all available extensions, and does not
supersede any other agency permit that may be required. The project shall be subject to the conditions and
limitations as specified therein. This permit does not impose new or increased stormwater control requirements; it
clarifies the rules and requirements of this program to provide you with a better understanding of your obligations
under this permit. Failure to comply with these requirements will result in future compliance problems. Please
note that this permit is not transferable except after notice to and approval by the Division.
If any parts, requirements,or limitations contained in this permit are unacceptable,you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings(OAH). The
written'petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the
OAH within thirty(30)days of receipt of this permit. You should contact the OAH with all questions regarding
the filing fee(if a filing fee is required)and/or the details of the filing process at 6714 Mail Service Center,
Raleigh,NC 27699-6714,or via telephone at 919-431-3000,or visit their website at www.NCOAH.com. Unless
such demands are made this permit shall be final and binding.
If you have any questions concerning this permit, please contact Aisia Freeman in the Wilmington Regional
Office, at phone#[phone] or aisia.freemanancdenr._>ov.
Sincerely,
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
. Mm�J� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405
aomH cwouun �'
910.796.7215

State Stormwater Perm it No. S W 8050426
Page 2 of 2
Enclosures: Attachment A—Designer's Certification Form
Attachment C—Permitting History
Copy of the Renewal Application Documents
Copy of the current operation and maintenance agreement
DES/af: %Stormwater\Permits&Projects\2005\050426 HD\2023 02 permit 050426
cc: Wilmington Regional Office Stormwater File
10 ® North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
,/ Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405

Post Construction Stormwater Management
Permit No. SW8050426
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST- CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Arbor Creek Community Association, Inc.
Traemoor at Arbor Creek, Phase 7
Brunswick County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A
NCAC 2H .1000 (hereafter referred to as the "stormwater rules') as outlined in the application, approved
stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded
documents, specifications, and other supporting data (the "approved plans and specifications') as attached
and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or
"DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved
plans and specifications. The approved plans and specifications are incorporated by reference and are
enforceable part of this permit.
This permit shall be effective from the date of issuance until April 29'", 2027 and shall be subject to the
following specified conditions and limitations. The permit issued shall continue in force and effect until the
permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however,
these actions do not stay any condition. The issuance of this permit does not prohibit the Director from
reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as
allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al.
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in the
application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described in
Section 1.5 on page 3 of this permit. The subdivision is permitted for 52 lots, each allowed 4,200 square
feet of built-upon area.
3. Approved plans and specifications for this project are incorporated by reference and are enforceable
parts of the permit.
4. All stormwater collection and treatment systems must be located in either dedicated common areas or
recorded easements. The final plats for the project will be recorded showing all such required
easements, in accordance with the approved plans.
Page 1 of 6

Post Construction Stormwater Management
Permit No. SW8050426
5. The following design elements have been permitted for this wet detention pond stormwater facility, and
must be provided in the system at all times.
a. Drainage Area, acres: 13.52
Onsite, ft2: 588,931
Offsite, ft2: none
b. Total Impervious Surfaces, ft2: 301,951
Lots at 4,200 ft2: 218,400
Roads/Parking, ft2: 74,451
Other, ft2: none
Offsite, ft2: 9,100
C. Pond Depth, feet: 5.5
d. TSS removal efficiency: 90%
e. Design Storm: 1.0"
f. Permanent Pool Elevation, FMSL: 29.0
g. Permitted Surface Area @PP, ft2: 19,641
In. Permitted Storage Volume, ft3: 25,919
i. Storage Elevation, FMSL: 30.25
j. Controlling Orifice: 2.0"0 pipe
k. Permanent Pool Volume, ft3 : 60,828
I. Forebay Volume, ft3: 13,158
m. Maximum Fountain Horsepower: 1/4
n. Receiving Stream / River Basin: Beaverdam Swamp / Cape Fear
o. Stream Index Number: 18-88-9-1-(0.5)
p. Classification of Water Body: "SC: Sw"
It. SCHEDULE OF COMPLIANCE
2. The permittee is responsible for verifying that the proposed built-upon area for the entire lot, including
driveways and sidewalks, does not exceed the allowable built-upon area. Once the lot transfer is
complete, the built-upon area may not be revised without approval from the Division of Water Quality,
and responsibility for meeting the built-upon area limit is transferred to the individual property owner.
3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA
limit, the plans reviewed must include all proposed built-upon area. Any approvals given by the Board
do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit.
6. The Director may notify the permittee when the permitted site does not meet one or more of the
minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall
submit a written time schedule to the Director for modifying the site to meet minimum requirements.
The permittee shall provide copies of revised plans and certification in writing to the Director that the
changes have been made.
7. The stormwater management system shall be constructed in its entirety, vegetated and operational for
its intended use prior to the construction of any built-upon surface.
8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be
repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation
of this permitted facility, a certification must be received from an appropriate designer for the system
installed certifying that the permitted facility has been installed in accordance with this permit, the
approved plans and specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A modification may be required
for those deviations.
10. If the stormwater system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility.
Page 2 of 6

Post Construction Stormwater Management
Permit No. SW8050426
12. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 050426, as issued by the Division of Water Quality under
NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division of Water Quality.
f. The maximum built-upon area per lot is 4,200 square feet. This allotted amount includes any
built-upon area constructed within the lot property boundaries, and that portion of the
right-of-way between the front lot line and the edge of the pavement. Built upon area includes,
but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the water surface of
swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their
allowable built-upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be accomplished through
providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or
grading perimeter swales and directing them into the pond or street. Lots that will naturally drain
into the system are not required to provide these measures.
i. Built-upon area in excess of the permitted amount will require a permit modification.
13. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of
recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above,
the signature of the Permittee, the deed book number and page, and the stamp/signature of the
Register of Deeds.
14. Decorative spray fountains are allowed in the pond, subject to the following criteria:
a. The minimum permanent pool volume is 30,000 cubic feet.
b. The fountain must draw its water from less than 2' below the permanent pool surface.
C. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only
if they draw water from the surface in the deepest part of the pond.
d. The fountain may not be placed into the forebay.
e. The falling water from the fountain must be centered in the main pond, away from the shoreline.
f. The maximum horsepower for a fountain in this pond is 1/4 horsepower.
15. Prior to transfer of the permit, the stormwater facilities will be inspected by DEQ personnel. The facility
must be in compliance with all permit conditions. Any items not in compliance must be repaired or
replaced to design condition prior to the transfer. Records of maintenance activities performed to date
will be required.
16. The permittee shall at all times provide the operation and maintenance necessary to assure that all
components of the permitted stormwater system function at the design condition. The approved
Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the
scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and piping.
g. Access to all components of the system must be available at all times.
Page 3 of 6

Post Construction Stormwater Management
Permit No. SW8050426
17. Records of maintenance activities must be kept and made available upon request to authorized
personnel of the division. The records will indicate the date, activity, name of person performing the
work and what actions were taken.
18. No person or entity, including the permittee, shall alter any component shown in the approved plans
and specifications. Prior to the construction of any modification to the approved plans, the permittee
shall submit to the Director, and shall have received approval for modified plans, specifications, and
calculations including, but not limited to, those listed below. For changes to the project or SCM that
impact the certifications, a new or updated certification(s), as applicable, will be required and a copy
must be submitted to the appropriate DEQ regional office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including the
SCM(s). BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project
and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of
the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on
the approved plan.
e. The construction of any allocated future BUA.
f. Adding the option to use permeable pavement or#57 stone within the lots as a permeable
surface. The request may require a proposed amendment to the deed restrictions and protective
covenants for the subdivision to be submitted and recorded.
g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping
material to be considered a permeable surface that were not included in the approved plans and
specifications.
h. Other modifications as determined by the Director.
19. The facilities shall be constructed, operated and maintained in accordance with the provisions of this
permit, the approved plans and specifications, and the supporting documents attached to this permit
and on file with the Division.
20. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking, or the water surface of
swimming pools.
III. GENERAL CONDITIONS
1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall
take immediate corrective actions. This includes actions required by this Division and the stormwater
rules such as the construction of additional or replacement on-site stormwater systems. These
additional or replacement measures shall receive a permit from the Division prior to construction.
2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the
expiration date of this permit. The renewal request must include the appropriate application,
documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3).
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The
permittee shall submit a completed Permit Information Update Application Form to the Division within
30 days to making any one of these changes.
Page 4 of 6

Post Construction Stormwater Management
Permit No. SW8050426
4. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval
by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance
of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must
be submitted within 90 days of the permit holder meeting one or more of the following:
i. A natural person who is deceased,
ii. A partnership, limited liability corporation, corporation, or any other business association that
has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the property on which
the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal
proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the permitted
activity is occurring or will occur, except in the case of an individual residential lot sale that is
made subject to the recorded deed restrictions and protective covenants,
V. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of NCGS 143-214.7(c2),
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be
conducted by Division personnel to ensure the permit conditions have been met and that the project
and the on-site stormwater system complies with the permit conditions. Records of maintenance
activities performed to date may be requested. Projects not in compliance with the permit will not be
transferred until all permit and/or general statute conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this
permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable recorded
documents, and specifications shall be maintained on file by the permittee at all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during
normal business hours to inspect all components of the permitted project.
c. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the stormwater rules is subject to
enforcement procedures as set forth in NCGS 143 Article 21.
d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual
certification completed by either the permittee or their designee confirming the projects
conformance with permit conditions
e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site
does not meet one or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the Director for
modifying the site to meet minimum requirements. The permittee shall provide copies of
modified plans and certification in writing to the Director that the changes have been made.
f. OTHER PERMITS. The issuance of this permit does not preclude the permittee from complying
with and obtaining any other permits or approvals that are required for this development to take
place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by
any other Local, State or Federal government agency having jurisdiction. Any activities
undertaken at this site that cause a water quality violation or undertaken prior to receipt of the
necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and
subject to enforcement procedures pursuant to NCGS 143-215.6.
Page 5 of 6

Post Construction Stormwater Management
Permit No. SW8050426
Permit renewed, updated, and reissued this the 14'" day of February 2023.
NORTH CCAAROOLIINN1A nENVIRONMENTAL MANAGEMENT COMMISSION
Douglas R. Ansel, Irtterim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 6 of 6

Post Construction Stormwater Management
Permit No. SW8050426
Attachment A
Traemoor at Arbor Creek, Phase 7 Page 1 of 2
Stormwater Permit No. SW8 050426
Brunswick County
Designer's Certification
I, as a duly registered in the State of North
Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the best of my abilities,
due care and diligence was used in the observation of the project construction such that the construction was
observed to be built within substantial compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date
Page 1 of 2

Post Construction Stormwater Management
Permit No. SW8050426
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built-upon
area.
3. All the built-upon area associated with the project is graded such that the runoff drains to the
system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-circuiting of the system.
11. The permitted amounts of surface area and/or volume have been provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the
vegetated filter.
15. The required dimensions of the system are provided, per the approved plan.
cc: NCDENR-DEQ Regional Office
i
Page 2 of 2

Attachment C-Permitting History
Traemoor at Arbor Creek Phase 7
Permit No.SW8 050426
Approval Permit Action BIMS Description of the Changes Modified Plan Sheets
Date Version
High Density Subdivision Project-construction,operation
and maintenance of a wet detention pond in compliance
429/2005 Original 1.0 with the provisions of 15A NCAC 2H .1000. The C1-C4,C4A,C9-10
Approval subdivision is permitted for 52 lots,each allowed 4,200
square feet of built-upon area.
10/4/2013 Minor
Modification 1.1 Ownership Transfer
2/14/2023 Renewal 1 2.0 April29th,2027
Page 1 of 1

DEMLR USE ONLY
Date Re iv d Fee Paid Permit Number
od �2 � I(o5, �a S o ���Ia-(
NC DEQ Division of Energy, Mineral and Land Resources,
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H.1045(3). the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period'of 8 years per Session Law 2011-398 (SB 781)
Section 60.(c). This application form is for permit renewals only.
A. PROJECT INFORMATION
1. State Stormwater Permit Number: SW8050426
2. Project name: Arbor Creek Community Association
3. Project street address Traemoor at Arbor Creek Phase 7
City: Southport County: Brunswick ZIP
28461
4. What, if any, changes have been made to the project as permitted? n/a
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at: https:Hdeg.nc.gov/abouUdivisions/energy-
mineral-la nd-resources/energy-mineral-land-rules/stormwater-pros ram/post-construction.
B. PERMITTEE INFORMATION
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at:https://deg.nc.gov/about/divisions/energy-mineral-land-
resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not
automatically transfer with the sale of the property.
1. Current Permit Holder's Company Name/Organization: Arbor Creek Community Association INC
2. Signing Official's Name: Robert Fulton
3. Signing Official's Title: Board President
4. Mailing Address: c/o Cepco 1628 Doctors Circle
City: Wilmington State: NC ZIP
28401
5. Street Address: 1628 Doctors Circle
City: Wilmington State: NC ZIP
28401
6. Phone: [phone] Email: rnorris(a)cepco-nc.com
DEC 19 ZOZZ
BY:
Stormwater Permit Renewal Form Page 1 of 3 May 11,2018

C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regiorial Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non-Coastal HQW/ORW). Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial each item below to indicate that the required information is provided in the application package:
RF 1. A permit application processing fee of$505.00 payable to NCDEQ.
RF 2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation—a principle executive officer of at least the level of vice-president;
b. Limited Liability Company (LLC)—a manager or company official as those terms are defined
,in G.S. 57D "North Carolina Limited Liability Company Act;"
c. Public Entity—a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership—the general partner;
e. Sole proprietor; or
f. Letter of authorization.signed by one of the signatories noted in a—e above authorizing the
signature of another entity.
3. One hard copy and one electronic copy of recorded documents required by the original permit that
have not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
RIP 4. O&M Agreements, Please select one:
❑ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit; or
® I do not,have a copy of the current recorded O&M Agreement for all SCMs and am ,
requesting a copy be sent to me. I agree to keep this on file with the permit.
n/a 5. Designer Certifications, Please select one:
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed; or
❑ The project has not yet been built.
n/a 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
n/a 7. [IF APPLICABLE]When the permittee is a corporation or a limited liability corporation (LLC): Provide
one hard copy and one electronic copy of documentation from the NC Secretary of State, or other
official documentation, which supports the titles and positions held by the persons listed in Section
C.2 per 15A NCAC 2H. 1043(3)(b).
httos://www.sosnc.gov/online services/search/by title/ Business Registration
�i-
I
In DEC 19 2022
Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018

D. PERMITTEE'SCERTIFICATION
AI, veaF - ' the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built-upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the
project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my
knowledge, co ct and co plete.
Signature: v Date: 1 ' '7 — 2Z Z 2
NOTARIZATION:I, JimuCQ p /, a Notary Public for the State of
ar County of V✓r(/17$[✓!t;A , do hereby certify
that � 1 r personally appeared before me
this the gt* day of Mloomber 20-1)., and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal) Palmer F Cameron
NOTARY PUBLIC
Brunswick County
^w,/A North Carolina
Notary Signature: ,1 W l f / MY Commission Expires Sep am(g g02
My commission expires
Erlo
luDEC 19
BY:---
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018

Permit No. (YtOD 6S011-26
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
I. PROJECT INFORMATION / S7
Project Name: I G►1 mr (, Arbor C�rex_� r A
Contact Person: Ck0-1 IkGYS fit CtiwbS Phone Number: (2SZ) 355 —2000
For projects with multiple basins, specify which basin this worksheet applies to:
elevations
Basin Bottom Elevation Z 3•S ft. (floor of the basin)
Permanent Pool Elevation 29• ft. (elevation of the orifice)
Temporary Pool Elevation 30. z$� ft. (elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area q� i/`F( sq. ft. (water surface area at the orifice elevation)
Drainage Area (�J• r7 2 ac. (on-site and off-site drainage to the basin)
Impervious Area ac. (on-site and off-site drainage to the basin)
volumes
Permanent Pool Volume O $Z cu. ft. (combined volume of main basin and forebay)
i
Temporary Pool Volum j cu. ft. (volume detained above the permanent pool)
Forebay Volume I P306 cu. ft. (approximately 20%of total volume)
Other parameters
SA/DAI 3.Z 0 (surface area to drainage area ratio from DWQ table)
Diameter of Orifice 2 in. (2 to 5 day temporary pool draw-down required)
Design Rainfall 1 - 00 in.
Design TSS Removal 2 -10 % (minimum 85%required)
Form SWU-102 Rev 3.99 Page 1 of 4

Footnotes:
I When using the Division SA/DA tables,the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious%and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties,the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90%TSS removal. The NCDENR BMP manual provides design tables for both 85%TSS removal and 90%TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stomiwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
�JVV7 a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
b. The forebay volume is approximately equal to 20% of the basin volume.
c. The temporary pool controls runoff from the design storm event.
3�_' d. The temporary pool draws down in 2 to 5 days.
e. If required, a 30-foot vegetative filter is provided at the outlet (include non-erosive flow
calculations)
f. The basin length to width ratio is greater than 3:1.
g. The basin side slopes above the permanent pool are no steeper than 3:1.
h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
i. Vegetative cover above the permanent pool elevation is specified.
j. A trash rack or similar device is provided for both the overflow and orifice.
k. A recorded drainage easement is provided for each basin including access to nearest right-
(� of-way.
J1u/ 1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
m. A mechanism is specified which will drain the basin for maintenance or an emergency.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin,pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does es not incorporate a vegetated filter at the outlet.
This system (check one) 0 does 9does not incorporate pretreatment other than a forebay.
Form SWU-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately,re-seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads�3 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
ill in the blanks)
0 Permanent Pool Elevation Z`hO
Sediment Re oval El. 75 0
_______________ Sediment Removal Elevation2188 75%
Bottom Etc ation2_$.O % --------------------------------------- -- o --
Bottom Elevation 23.5 25%n
FOREBAY MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99 Page 3 of

7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party..
Print name: CkAl ffu'r5 MC-ICo✓hn5
Title: V. tom. — COMMtLNlt4 'LL4- elOQOVJ �
Address: 200 EASE , - .1�40AJ f�- (j�l- _ 6,-Aenit.l1(e iVC ZmSg
Phone: 2 - 0000
Signa re:
Date: S—
Note: The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and a
resident of the subdivision has been named the president.
I, 44a-t 9, „ LCUI6 , , a Notary Public for the State of noN-k a,-b h x,
County of n/p w 144 n 01/1(Z. , do hereby certify that n'l a ev,..-�,S
personally appeared before me this c. f y- day of &A , AooS , and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
"011O411Uhl
•••••
10
/gypTARy ti
.Z PUBL\rj
SEAL
My commission expires'4 �'+��`+- �t 000
Form SWU-102 Rev 3.99 Page 4 of 4

State Storn ter Management Systems
Permit No. SW8 050426
Traemoor at Arbor Creek, Phase 7 Page 1 of 2
Stormwater Permit No. SW8 050426
Brunswick County
Designer's Certification
I, JAM l P,• , as a duly registered to<I I iAt�tq, in
the State of North Carolina, having been authorized to observe periodical weekly/full
time) the construction of the project,
TLA,Mb0 12-- 6 — AMO L C.�>� Pkl- 7
(Project)
for 'NU1 Ci-, 9AL kOtAFS OF WILMI►�CT LL, Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
+ouHuu
QjH C R0
Signature 028852
r
Registration Uber 2.�d$52 '� i
Date R +
ECEIVE
SEP 9 6 SM I

State Storm 'er Management Systems
Permit No. SW8 050426
Certification Requirements: Page 2 of 2
✓ 1. The drainage area to the system contains approximately the permitted
acreage.
V/2. The drainage area to the system contains no more than the permitted
w1.1��- amount of built-upon area. ALL L PTS AM aor yeT BWLT- upt A'; 1 V'WEJt e)
'6LlLT 4vQ LIikkT6 Aat taCLUDED I� pEtD ZESTpe"".o s
3. All the built-upon area associated with the project is graded such that the
cw runoff drains to th system. A4.L L,vllS A¢� aoT ICT . IAIL'T Lao.1 j we\im?
1_1}IS DIKtIloA Is PRovtoEO- oa QLA�16 Ailp t� Von ILESTRtcrloa5
✓. 4. All roof drains are located such that the runoff is directed into the system
WitiW—Faw SAME, AS tUrMp t4 *3 A6rnIE
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
V__�7. Trash rack is provided on the outlet/bypass structure.
_1�8. All slopes are grassed with permanent vegetation.
✓9. Vegetated slopes are no steeper than 3:1.
✓10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
I✓11. The permitted amounts of surface area and/or volume have been
provided.
✓12. Required drawdown devices are correctly sized per the approved plans.
✓13. All required design depths are provided.
✓14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Delaney Aycock, Brunswick County Building Inspections

I
RECEI ♦ ED
APR 2 7 2005
DW
�r
PROJ# SQ AQSU¢Z(o
(Top portion for recording purposes)
DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR THE
TRAEMOOR AT ARBOR CREEK COMMUNITY
THIS DECLARATION is made on the date hereinafter set forth by Bill Clark Homes of
Wilmington, LLC, a North Carolina limited liability company (hereinafter referred to as
'Declarant"):
WITNESS TO:
WHEREAS, Declarant is the owner of certain real property located in Brunswick
County, North Carolina, which is more particularly described on Exhibit "A" attached hereto and
made a part hereof by reference (hereinafter sometimes referred to as the "Property").
WHEREAS, Declarant desires to create on such property an exclusive residential
community of single-family homes to be known as Traemoor at Arbor Creek (hereinafter
sometimes referred to as "Subdivision");
WHEREAS, Declarant desires to provide for the maintenance and upkeep of the common
area within the Subdivision and to provide for enforcement of covenants and restrictions
applicable to the Subdivision, and, to that end, desires to subject all of the property within the
Subdivision to the covenants, conditions, restrictions, easements, charges and liens hereinafter
set forth, each and all of which is and are for the benefit of said property and each owner thereof,
WHEREAS; Declarant has deemed it advisable to create an organization to own,
maintain and administer the Common Area (as hereinafter defined), to administer and enforce
covenants and restrictions applicable to the Subdivision, and to collect and disburse the
assessments and charges hereinafter created, and Declarant has, or will, therefore incorporated
under North Carolina law as a non-profit corporation, the TRAEMOOR COMMUNITY
ASSOCIATION, INC., for the purpose of exercising the aforesaid functions;
NOW, THEREFORE, Declarant declares that the Properties and such additions thereto as
may hereafter be made pursuant to Article II hereof, is and shall be owned, held, transferred,
sold, conveyed, used and occupied subject to the covenants, conditions, restrictions, easements,
charges and liens set forth in this Declaration, all of which shall run with the real property and be
-1-

binding on all parties owning any right, title or interest in said real property or any part thereof,
their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each
owner thereof.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to the TRAEMOOR COMMUNITY
ASSOCIATION, INC., a North Carolina non-profit corporation, its successors and assigns.
Section 2. "Builder" shall mean and refer to any persons, firms or entities to whom or
which Declarant conveys one or more Lots within the Properties for the purpose of constructing
a Dwelling thereon.
Section 3. "Common Area" shall mean and refer to any and all real property, together
with any improvements thereon, shown on any recorded subdivision plat of the Properties, with
the exception of any Lots, as said term is defined in this Declaration. All roads within the
development will be private and will be maintained by the Traemoor Community Association,
Inc. Except as otherwise provided in this Declaration, the Common Area shall be maintained by
the Association or its successors in interest unless dedicated to public use as set forth herein.
Section 4. "Declarant" shall mean and refer to Bill Clark Homes of Wilmington, LLC. It
shall also mean and refer to any person, company or entity to whom or which Declarant shall
assign or delegate the rights and obligations of Declarant by an assignment of Declarant's rights
recorded in the applicable public registry for Brunswick County, North Carolina.
Section 5. "Lot" shall mean and refer to any plot of land, with delineated boundary lines,
shown on any recorded subdivision plat of the Properties, with the exception of any Common
Area owned in fee by the Association and any public street rights-of-way shown on such
recorded plat. In the event that any Lot is increased or decreased in size by recombination or
resubdivision through recordation of new subdivision plats, any newly-platted Lot shall
thereafter constitute a Lot.
Section 6. "Member" shall mean and refer to every person or entity who or which holds
membership in the Association.
Section 7. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of fee simple title to any Lot which is a part of the Properties, including
contract sellers, but excluding those having an interest in a Lot solely as security for the
performance of an obligation.
Section 8. "Properties" shall mean and refer to the property described in Exhibit A to this
Declaration and any additional property annexed pursuant to Article II of this Declaration.
Section 9. "Subassociation" shall mean and refer to any homeowners association formed
for the purpose of owning and maintaining real property and improvements thereon reserved for
the exclusive use and benefit of Owners of Lots or Units within a specific phase or section of the
Properties.
-2-

Section 10. "Unit' or "Dwelling" shall mean and refer to any building or portion thereof
within the Properties which is designated and intended for use and occupancy as a residence by a
single family, whether by the Owner of such Unit or by tenants or lessees of such Owner.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
AND WITHIN THE JURISDICTION OF THE
TRAEMOOR AT ARBOR CREEK COMMUNITY
Section 1. This section has been intentionally omitted.
Section 2. Existing Property. The real property which is and shall be held, transferred,
sold, conveyed, used and occupied subject to this Declaration as of the date of recording hereof,
which is within the jurisdiction of the Association, and which is described on Exhibit A attached
hereto.
Section 3. Annexation of Additional Property. At any time prior to December 31, 2025,
additional land within the property described in Exhibit B attached hereto and made a part hereof
(the "Exhibit B Property") may be annexed by the Declarant without the consent of the Members
and therefore become subject to this Declaration by the recording by Declarant of a plat showing
such property to be annexed and of a supplementary declaration extending the operation and
effect of this Declaration to the property to be annexed. Furthermore, at any time Declarant owns
any Lot within the Properties, additional land not within the Exhibit B Property may be annexed
by the Declarant without the consent of the Members and therefore become subject to this
Declaration by the recording by Declarant of a plat showing such property to be annexed and of
a supplementary declaration extending the operation and effect of this Declaration to the
property to be annexed. Any property annexed must be contiguous to property already subject to
this Declaration. Any property annexed pursuant to this subsection may be annexed and
subjected to this Declaration as one parcel or as several parcels at different times. The addition of
such property pursuant to this Section may increase the cumulative number of Lots within the
Properties and, therefore, may alter the relative maximum voting strength of the various types of
Members.
A supplementary declaration may contain such complementary additions to and
modifications of the covenants and restrictions contained in this Declaration, including, without
limitation, different voting rights and different annual and special assessments for the Lots or
Units so annexed, as Declarant, in its sole discretion, may deem necessary or appropriate to
reflect the different character or use of the property added. In no event, however, shall any
supplementary declaration revoke, modify or add to the covenants and restrictions established by
this Declaration so as to materially and adversely affect any portion of the Properties already
subject to this Declaration. A supplementary declaration annexing additional property need only
be executed by the Declarant and, if applicable, by the owner of the property being annexed, and
shall not require the joinder or consent of the Association or any of its Members.
Nothing contained in this Article shall be construed to obligate or require Declarant to
make any additions to the Properties.
Section 4. Conveyance of Common Area in Annexed Property. Promptly upon request of
Declarant, the owner of the annexed property shall convey any or all Common Area located
-3-

within the newly annexed property to the Association or, if requested by the Declarant, to the
Declarant. Title to such Common Area shall be conveyed in the same manner as set forth in
Section 3 of Article IV of this Declaration.
Section 5. Meraer. Additional property may also be made subject to this Declaration by
merger or consolidation of the Association with another non-profit corporation formed for the
same or similar purposes. The surviving or consolidated association shall administer the
covenants and restrictions established by this Declaration within the Properties and the covenants
and restrictions established upon property owned by the other association as one scheme. No
such merger or consolidation shall cause any revocation, change or addition to this Declaration.
Section 6. Effect of Addition of Propertv. Except by amendment of this Declaration as
provided in Section 3 of Article XII hereof, no addition of property, whether by annexation,
merger or consolidation, shall revoke or modify any provision of this Declaration as to the
Properties already subject hereto or diminish the rights of the Owners of Lots and Units within
the Properties, except for the dilution of voting strength that occurs as a result of inclusion of
additional Members of the Association.
Section 7. Withdrawal of Propertv. Declarant reserves the right to amend this
Declaration so long as it has a right to annex Additional Property pursuant to this Article for the
purpose of removing any portion of the Properties then owned by Declarant or the Association
from the coverage of this Declaration, to the extent originally included in error or as a result of
any changes whatsoever in the plans for the Subdivision, provided such withdrawal is not
unequivocally contrary to the overall, uniform scheme of development for the Subdivision.
Section 8. Good Faith Lender's Clause. Any violation of these covenants, conditions or
restrictions shall not affect any lien or deed of trust of record held in good faith, upon any Lot or
commercial Unit, which liens may be enforced in due course, subject to the terms of this
Declaration.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owner of a Lot which is subject to assessment by the
Association shall be a Member of the Association. Membership shall be appurtenant to and may
not be separated from ownership of any Lot which is subject to assessment.
Section 2. Voting Rights. The voting rights of the membership shall be appurtenant to the
ownership of the Lots and may not be separated from ownership of any Lot.
There shall be three classes of Lots with respect to voting rights:
(a) Class A. Class A Lots shall be those Lots upon which single-family dwellings are
built, or to be built. All Lots in the Subdivision shall be Class A Lots except those Lots which
are Class B Lots as the same are hereinafter defined. Ownership of a Class A Lot shall entitle the
Owner of such Lot to one (1) vote. When more than one person owns an interest (other than a
leasehold or security interest) in any Lot, all such persons shall be Members and the voting rights
appurtenant to their Lot shall be exercised as they, among themselves, determine; but fractional
voting shall not be allowed, and in no event shall more than one vote be cast with respect to any
Class A Lot.
-4-

(b) Class B Lots. Class B Lots shall be all Lots owned by Declarant or a Builder and
which have not been converted to Class A Lots as set forth below. Declarant and each Builder
shall each be entitled to nine (9) votes for each Class B Lot it owns. The Class B Lots shall
cease to exist and shall be converted to Class A Lots upon the earlier of the following to occur:
(i) when Declarant no longer owns any Lots or Units within the Properties; (ii) upon written
waiver of Class B membership by the Declarant and/or Builder; or (iii) December 31, 2025.
When the Class B Lots cease to exist and are converted to Class A Lots, Declarant and Builder
shall have the same voting rights as other Owners of Class A Lots.
(c) Declarant's Voting Rights. Until the Class B Lots cease to exist, as provided above,
Declarant shall be vested with the sole voting rights of the Association on all matters (including
election and removal of directors and officers of the Association), except such matters as to
which the Declaration, the Articles of Incorporation, or the Bylaws of the Association
specifically require a vote of the Class A Members.
Section 3. Leased Units. Notwithstanding any other provision of this Declaration or the
Bylaws of the Association, the vote as expressed by the Owners of Lots or Units which are
leased (or rented to or otherwise occupied by persons) other than the Owner shall not be entitled
to any weight greater than forty-nine (49)percent on any matter pending before the Association.
ARTICLE IV
PROPERTY RIGHTS
Section 1. Owners' Easements of Enjoyment and Access. Except as limited by the
provisions of this Section 1 and by the rules and regulations adopted by the Board of Directors of
the Association, every Owner shall have a right and easement of enjoyment in, use of and access
to, from, and over the Common Area, which right and easement shall be appurtenant to and shall
pass with title to every Lot, subject to:
(a) the right of the Association to charge reasonable admission and other fees for the use
of any recreational facilities situated or constructed on the Common Area and to limit the use of
such facilities to Owners who occupy a residence on the Properties and to their families, tenants
and guests, as provided in Section 2 of this Article IV.
(b) the right of the Association to suspend the voting rights of an Owner for any period
during which any assessment against his Lot remains unpaid, or for a period not to exceed sixty
(60) days for any infraction of the published rules and regulations of the Association.
(c) the right of the Association to dedicate, sell or transfer all or any part of the Common
Area to any public or quasi-public agency, authority or utility for such purposes and subject to
such conditions as may be agreed upon by the Members. After Class B Lots cease to exist, no
such dedication or transfer shall be effective unless the Members entitled to at least 80% of the
votes of the entire membership of the Association and at least three-fourths (3/4) of the votes
appurtenant to each Class of Lots agree to such dedication, sale or transfer and signify their
agreement by a signed document recorded in the applicable public registry for Brunswick
County, North Carolina. Nothing herein shall be deemed to prohibit the Board of Directors of the
Association, without consent of the Members, from granting easements over and across the
Common Area to any public agency, authority or utility for the installation and maintenance of
sewerage, utility (including cable television) or drainage facilities when, in the opinion of the
-5-

Board, such easements are necessary for the convenient use and enjoyment of properties within
the Subdivision. Notwithstanding anything herein to the contrary, the Common Area shall be
preserved for the perpetual benefit of the owners of Lots within the Subdivision and shall not be
conveyed except to a governmental entity or another non-profit corporation organized for similar
purposes.
(d) the right of the Association, to borrow money and, after Class B Lots cease to exist,
with the assent of Members' entitled to at least 80% of the votes of the entire membership of the
Association and at least two-thirds (2/3) of the votes appurtenant to each Class of Lots,
mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as
security for money borrowed or debts incurred, provided that the rights of any such lender or
mortgagee shall be subordinate to the property rights of the Members and the Association as set
forth herein.
(e) the right of the Association to exchange all or part of the Common Area for other
property and consideration of like value and utility, provided, however, that, after Class B Lots
cease to exist, any such dedication shall require the assent of the Members as set forth in
subparagraph (c) above, and further provided that, if the Board of Directors of the Association
determines, in its sole discretion, that such exchange is necessary to cure an encroachment or
setback violation on any Lot, the Board may effect such exchange without the consent of or
approval by the Members.
(f) the right of the Association to open the Common Area and, in particular, the
recreational facilities constructed thereon, for use by non-members of the Association.
(g) the right of the Association to expand or add to the Common Area and to improve,
maintain and operate the Common Area.
(h) the right of the Association to adopt, promulgate and enforce rules and regulations
concerning the use of the Common Area.
(i) the right of the Association to otherwise deal with the Common Area as provided in
the Articles of Incorporation and Bylaws of the Association.
Section 2. Delegation of Use.
(a) Familv. The right and easement of enjoyment and access granted to every Owner by
Section 1 of this Article may be exercised by members of the Owner's family who occupy the
residence of the Owner within the Properties as their principal residence in Brunswick County,
North Carolina.
(b) Tenants: Contract Purchasers. The right and easement of enjoyment and access
granted to every Owner by Section I of this Article may be delegated by such Owner to his
tenants or contract purchasers who occupy a residence within the Properties, or a portion of said
residence, as their principal residence in Brunswick County, North Carolina.
(c) Guests. The right and easement of enjoyment and access granted to every Owner by
Section 1 of this Article may be delegated to guests of such Owners, tenants or contract
purchasers, subject to such rules and regulations as may be established by the Board of Directors.
-6-

(d) Suspension of Rights. The rights of any delegate of an Owner shall be suspended by,
upon and during suspension of such Owner's rights as provided in Section 7 of Article XII of this
Declaration.
Section 3. Conveyance of Common Area To The Association. No later than the time
Declarant no longer exercises voting control over the Association as provided in Article III
hereof, Declarant shall convey, and the Association shall accept, fee simple title to all Common
Area (except Common Area easements) within the Properties, and shall reserve for or grant to
the Association all Common Area easements, all subject to such easements, reservations,
conditions and restrictions as then may be of record, and the Association shall accept all such
conveyances, grants and reservations, provided, however, that so long as Declarant owns any
Lots within the Properties, Declarant reserves an easement over and across any Common Area
deeded to the Association for the purpose of constructing and maintaining any improvements on
the Common Area as it deems necessary or advisable, provided that any such improvements
must comply with the requirements of the appropriate governmental authority. Any
improvements placed on the Common Area by Declarant shall become the property of the
Association upon completion of such improvements.
Section 4. Regulation and Maintenance of Common Area and Common Area Easements.
It is the intent of the Declarant that the Common Area be preserved for the perpetual benefit of
the Owners.
(a) Regulation of Common Area. The Association may adopt and promulgate rules and
regulations governing the use of the Common Area by Owners and their family, guests and
invitees. No Owner or other permitted user shall use the Common Area or any portion thereof in
violation of the rules and regulations contained in this Declaration or subsequently adopted by
the Association.
Without limiting the generality of the foregoing, no Owner or tenant, guest or invitee of
an Owner shall, without the specific prior written consent of the Association: (i) damage or waste
the Common Area or improvements thereon or remove any trees or vegetation therefrom: (ii)
erect any gate, fence, structure or other improvement or thing on the Common Area; (iii) place
any garbage receptacle, trash or debris on Common Area; (iv) fill or excavate any part of the
Common Area; (v) landscape or plant vegetation on Common Area; or (vi) use the Common
Area or any part thereof in a manner inconsistent with or in any way interfering with the rights of
other Owners.
(b) Rights and Responsibilities of the Lot Owners as to Common Area Easements. Each
Owner of a Lot upon which a Common Area easement lies shall pay all property taxes and other
assessments levied against his Lot, including that portion of such tax or assessment as is
attributable to such Common Area easement.
(c) Rights and Responsibilities of the Association as to Common Area. The Association
shall have the right and obligation to ensure that the Common Area is preserved for the perpetual
benefit of the Owners, and, to that end, shall: (i) maintain the Common Area in its natural or
improved state, as appropriate, and keep it free of impediments to its use by the Owners, subject
to the provisions of this Declaration; (ii) procure and maintain adequate liability insurance
covering the Association and its Members, Directors and officers, against any loss or damage
suffered by any person, including the Owner of the Lot upon which Common Area lies, resulting
-7-

from use of the Common Area, and adequate hazard insurance covering the real and personal
property owned in fee by the Association; and (iv) pay all property taxes and other assessments
levied against all Common Area owned in fee by the Association.
(d) Declarant's and Association's Right of Entry. The Declarant and the Association and
the employees, agents, contractors and subcontractors of each, shall have a non-exclusive right
and easement at all times to enter upon any portion of a Lot reserved or designated as a Common
Area easement for the purposes of: (i) installing and maintaining subdivision entrance signs,
features, fencing and landscaping; and (ii) making such improvements to the Common Area; and
(iii) maintaining the Common Area easement in its natural or improved state.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of a
Class A Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such
deed, is deemed to covenant and agree to pay to the Association annual assessments and special
assessments, such assessments to be established and collected as hereinafter provided. All
assessments which are unpaid when due, together with interest and late charges set forth in
Section 9 of this Article V and all costs of collection, including reasonable attorney's fees, shall
be a charge against and, a continuing lien upon the Lot against which such assessment is made.
Each such assessment or charge, together with interest and costs of collection, including
reasonable attorneys' fees, shall also be the personal or corporate obligation of the person(s),
firms) or corporation(s) owning such Lot at the time when the assessment fell due, but such
personal obligation shall not be imposed upon such Owner's successors in title unless expressly
assumed by them. Although unpaid assessments and charges are not the personal obligation of
such Owner's successors in title unless expressly assumed by them, the unpaid assessments and
charges shall continue to be a lien upon the Lot against which the assessment or charge was
made.
It is the intent of the Declarant that any monetary fines imposed against an Owner
pursuant to the Bylaws of the Association or Section 7 of Article XII of this Declaration shall
constitute a lien against the Lot of such Owner to the same extent as if such fine were an
assessment against such Lot.
Section 2. Purposes of Assessments. The assessments levied by the Association shall be
used exclusively to promote the recreation, health, safety and welfare of the residents of the
Subdivision and, in particular, for: (i) acquisition, improvement and maintenance of properties,
services and facilities related to the use and enjoyment of the Common Area; (ii) repair and
reconstruction of the streets and roadways within the subdivision and other improvements on the
Common Area, including, without limitation, the cost of repair, replacement and additions
thereto and the cost of labor, equipment, materials, management and supervision thereof; (iii)
payment of taxes and public assessments levied against the Common Area owned by the
Association in fee; (iv) procurement and maintenance of insurance in accordance with the
Section 4(c) of Article IV of this Declaration; (v) employment of attorneys, accountants and
other persons or firms to represent the Association when necessary; (vi) payment of principal and
interest on funds borrowed for Association purposes; (viii) such other needs as may arise; (ix)
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payment for the maintenance and operation of stormwater facilities and street lights; and (x)
lawn care for Class A lots, including maintenance of the irrigation system to irrigate those lawns.
Section 3. Annual Assessments.
(a) Maximum Annual Assessment. As provided in Section 2(a) of Article III hereof,
Declarant shall establish the Maximum Annual Assessment and initial annual assessment for
Class A Lots; thereafter, the terms "Maximum Annual Assessment", annual assessment, and
special assessment shall mean the Maximum, annual and special assessments applicable to Class
A Lots. Until December 31, 2006, the Maximum Annual Assessment shall be $ for
each Class A Lot.
From and after January 1, 2007, the Maximum Annual Assessment may be increased by
the Board of Directors effective January 1 of each year without a vote of the Members, but
subject to the limitation that the percentage of any such increase shall not exceed 10% of the
Maximum Annual Assessment for the previous year unless such increase is approved as set forth
in Section 3(b), below.
From and after January 1, 2007, the Maximum Annual Assessment for Class A Lots may
be increased without limitation if such increase is approved by a majority of the votes cast, in
person or by proxy, at a meeting duly called for that purpose.
(b) Annual Assessments: Ratification of Budgets. Notwithstanding the 10% increase
restriction contained in (a) above, for so long as a Class B Lot exists, the Board of Directors, in
its sole discretion, shall have the authority to adopt an annual budget. After Class B Lots cease
to exist, the Board of Directors shall adopt a proposed budget (including the proposed annual
assessment for each Class of Lots) at least annually. Within 30 days after adoption of the
proposed budget, the Board of Directors shall send a copy of the proposed budget and shall give
written notice to the Members of a meeting of the Members to consider ratification of the budget,
such meeting to be held not sooner than 10 days nor more than 60 days after the mailing of such
notice. Such meeting may, but need not be, combined with the annual meeting of the Members.
Except as required by Section 7 below, there shall be no requirement that a quorum be present in
order to vote on ratification of the budget (although a quorum must be present to vote on other
matters). The budget shall be deemed ratified unless at that meeting Members having a majority
of the votes of the entire membership vote to reject the budget. Notwithstanding the foregoing, if
the budget provides for annual assessments not greater than 10% larger than the assessment in
effect for the immediately preceding year, such budget shall be deemed ratified unless Members
having at least 80% of the votes of the entire membership vote to reject the budget. If the
proposed budget is rejected, the budget last ratified by the Members shall be continued until such
time as the Members ratify a subsequent budget proposed by the Board.
Any annual assessment ratified by the Members shall continue thereafter from year to
year as the annual assessment until changed by the Board and ratified by the Members as set
forth herein.
Section 4. Special Assessments. In addition to the annual assessments authorized above,
the Association may levy, in any assessment year, special assessments for the purpose of
defraying, in whole or in part, the cost of any construction, repair or replacement of a capital
improvement on the Common Area, including fixtures and personal property related thereto, for
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repayment of indebtedness and interest thereon, or for any other purpose, provided that any such
assessment shall have the same assent of the Members as provided in Section 3(b) of this Article.
Section 5. Assessment Rate: Collection Period. Except as provided in Section 6 of this
Article V, the annual and special assessments shall be fixed at a uniform rate for all Lots within
each subclass of Lots and may be collected on a yearly, semi-annually, quarterly or monthly
basis, as determined by the Board of Directors.
Section 6. Declarant's and Builder's Assessments. Notwithstanding any other provision of
this Declaration, the Articles of Incorporation or the Bylaws of the Association, the Declarant
and Builder shall not be obligated for, nor subject to, any annual or special assessment for any
Lot or other property that it owns within the Properties, provided, however, that the Builder shall
be responsible for paying for each Lot owned by the Builder which contains a Dwelling for
which a certificate of occupancy has been issued, an assessment equal to twenty-five percent
(25%) of the annual assessment in effect for Class A Lots, as applicable, as the same may change
from time to time, computed on a 365 day year and prorated for the number of days from the
date of the issuance of the certificate of occupancy until the sale of such Lot. Upon sale of such
Lot by Builder to any other person or entity, such Lot shall be assessed at Class A rate,
commencing on the day the title to such Lot is transferred to such third party, by prorating the
assessment from the date title transfers. Notwithstanding any other provision of this Declaration,
a Lot owned by the Builder which contains a Dwelling occupied as a residence (but not as a
model or sales center) shall be assessed at the rate applicable to Class A.
Section 7. Notice and Quorum for any Action Authorized Under Sections 3(a) and 4.
After Class B lots cease to exist, written notice of any meeting called for the purpose of taking
any action authorized under Section 3(a) or 4 shall be sent to all Members not less than fifteen
(15) days nor more than thirty (30) days prior to the meeting. At such meeting, the presence of
Members, in person or by proxy, entitled to cast sixty (60%) percent of the votes of the entire
membership shall constitute a quorum. If the required quorum is not present, another meeting
may be called subject to the same notice requirements, and if called for a date not later than sixty
(60) days after the date of the first meeting, the required quorum at the subsequent meeting shall
be one-half('/2) of the required quorum at the preceding meeting.
Section 8. Date of Commencement of Annual Assessments: Amount of Initial and
Subsequent Annual Assessments: Certificate of Payment. Unless a different commencement date
is set by the Board of Directors, the annual assessments provided for herein shall commence as
to all Lots in any phase on the first day of the month following the conveyance of a Lot or Unit
within that phase to an Owner other than the Declarant or a Builder. Unless a lower amount is set
by the Board of Directors and ratified by the Members, the first annual assessment shall be the
"Maximum Annual Assessment" set forth in Section 3 of this Article and shall be prorated
according to the number of months remaining in the calendar year.
At least thirty(30) days before January 1 of each year, the Board of Directors shall fix the
amount of the annual assessment against each Lot. At least fifteen (15) days before January 1 of
each year, the Board of Directors shall send written notice of such assessment to every Owner
subject thereto. The due dates for the payment of annual and special assessments shall be
established by the Board of Directors.
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The Association shall, upon demand, and for such reasonable charge as the Board of
Directors may determine, furnish a certificate signed by an officer of the Association setting
forth whether the assessments on a specified Lot have been paid. If such certificate states that an
assessment has been paid, such certificate shall be conclusive evidence of payment.
Section 9. Working Capital Assessments. At the time of sale of each lot by the Declaring
or a Builder to a third party, there shall be due and payable at closing a capitalization fee equal to
twice the annual assessment then in effect at time of closing, payable by the purchaser to the
Association. Such amounts paid for working capital are not to be considered as advance
payment of the Annual or any other assessments. Declarant reserves the right to amend this
section including the amount at any time.
Section 9. Effect of Nonpayment of Assessments: Remedies. An assessment not paid
within ten (10) days after the due date shall incur such late charge as the Board of Directors may
from time to time establish, and, if not paid within thirty (30) days after the due date, shall also
bear interest from the due date at the rate of eighteen percent (18%) per annum or the highest rate
allowed by law, whichever is less. The Association may bring an action at law or in equity
against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot
for which such assessment is due. Interest, late payment charges, reasonable attorneys' fees, and
the costs of such action or foreclosure shall be added to the amount of such assessment. No
Owner may waive or otherwise escape liability for the assessments provided for herein by non-
use of the Common Area or by abandonment of his Lot.
Section 10. Subordination of the Lien to Mortgages. The liens provided for herein shall
be subordinate to the lien of any first mortgage or first mortgage on a Lot. Sale or transfer of a
Lot shall not affect any assessment lien; however, the sale or transfer of a Lot pursuant to
foreclosure of a first mortgage, or any proceeding in lieu of foreclosure thereof, shall extinguish
the lien of any assessment which became due prior to the date of such conveyance. No such sale
or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or
from the lien thereof, but the liens provided for herein shall continue to be subordinate to the lien
of any first mortgage.
Section 11. Exempt Property. All property dedicated to and accepted by a public
authority and all property owned by a charitable or non-profit organization exempt from taxation
by the laws of the State of North Carolina shall be exempt from the assessments created herein.
Notwithstanding the foregoing, no land or improvements devoted to dwelling use shall be
exempt from said assessments.
ARTICLE VI
RIGHTS OF LENDERS
Section 1. Books and Records. Any owner or holder of a first mortgage on any Lot, or its
agent, shall have the right, during normal business hours, to examine copies of this Declaration,
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the Articles of Incorporation, Bylaws, and the books and records of the Association and, upon
written request to the Association, to receive a copy of the financial statement for the
immediately preceding fiscal year.
Section 2. Notice to Lenders. After Class B Lots cease to exist and upon written request
to the Association, the owner or holder of a first mortgage on any Lot shall be entitled to timely
written notice of:
(a) Any 60-day delinquency in the payment of assessments or charges owed by the
Owner of the Lot securing its loan.
(b) A lapse, cancellation, or material modification of any insurance policy or fidelity
bond maintained by the Association.
(c) Any proposed action that requires the consent of a specified percentage of owners or
holders of first mortgages on the Lots.
Section 3. Approval of Owners and Holders of First Mortgage. After Class B Lots cease
to exist, unless at least seventy-five percent (75%) of the owners and holders of the first
mortgages on Lots located within the Properties have given their prior written approval, the
Association shall not:
(a) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer
any real estate or improvements thereon which are owned, directly or indirectly, by the
Association. The granting of easements for utilities or other purposes shall not be deemed a
transfer within the meaning of this subsection. Nothing herein shall be deemed to prohibit the
Association from exchanging Common Area for other real property of like utility and value as
provided in Section 1(c) of Article IV of this Declaration, or to require the approval of such
exchange by the holders of first mortgages on the Lots;
(b) Change the method of determining the obligations, assessments, dues or other
charges which may be levied against a Lot;
(c) Fail to maintain hazard insurance on insurable improvements on the Common Area
on a current replacement cost basis in an amount not less than one hundred percent (100%) of the
insurable value; or
(d) Use the proceeds of any hazard insurance policy covering losses to any part of the
Common Area for other than the repair, replacement or reconstruction of the damaged
improvements.
Section 4. Payment of Taxes and Insurance Premiums. The owners or holders of first
mortgages on Lots, jointly or singly, may pay taxes or other charges which are in default and
which have or may become a charge or lien against any of the Common Area and may pay
overdue premiums on hazard insurance policies or secure new hazard insurance coverage upon
the lapse of a policy covering property owned by the Association. The persons, firms or
corporations making such payments shall be owed immediate reimbursement therefor by the
Association.
ARTICLE VII
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EASEMENTS
Section 1. Access and Utility Easements. Easements for the installation and maintenance
of driveways, walkways, water, gas, telephone, cable television and electric power transmission
lines, sanitary sewer and storm water drainage facilities, and for other public utility installations
are reserved as shown on the recorded plats of the Properties. The Association may reserve or
grant easements over the Common Area as provided in Article IV, Section 1(c), of this
Declaration. Within any such easement herein provided, no structure, planting or other material
shall be placed or permitted to remain which may interfere with the installation or maintenance
of the utilities installed thereon, or which may change the direction of flow or drainage of water
through drainage pipes or channels constructed in such easements.
For a period of thirty (30) years from the date hereof, Declarant reserves, for itself and its
employees, agents, successors and assigns, an easement upon and a right of ingress, egress and
regress on, over and under the Properties for the purposes of constructing and maintaining water,
sewer, gas, storm water drainage and retention, telephone, cable television, and electric, and
other utility facilities to the extent required by any applicable governmental entity or deemed by
the Declarant to be necessary or convenient for the development, use and enjoyment of the
Properties and the Common Area and for the conduct of construction, sales and marketing
activities. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any
gradings of the soil or take any other similar action that it deems reasonably necessary or
appropriate. After such action has been completed, Declarant shall grade and seed the affected
property and otherwise restore the affected property to its original condition to the extent
practicable, but shall not be required to replace any trees, bushes or shrubbery necessarily
removed. Declarant shall give reasonable notice of its intent to take such action to each Owner
whose Lot is affected.
Section 2. Easements for Governmental Access. An easement is hereby established over
the Common Area and every Lot within the Properties for the benefit of applicable governmental
agencies for installing, removing, and reading water meters, maintaining and replacing water and
sewer facilities, and acting for other purposes consistent with public safety and welfare,
including, without limitation, law enforcement, fire protection, garbage collection and the
delivery of mail.
Section 3. Owner's Easement and Right of Entry for Repair, Maintenance and
Reconstruction. If any Dwelling is located closer than five (5) feet from its Lot line, the Owner
thereof shall have a perpetual access easement over the adjoining Lot to the extent reasonably
necessary to perform repair, maintenance or reconstruction of such Dwelling. Such work shall be
done expeditiously and, upon completion of the work, the Owner shall restore the adjoining Lot
to as nearly the same condition as that which existed prior to the commencement of the work as
is reasonably practicable. No fence shall be erected within such area adjoining a Dwelling.
Section 4. Association's Easement and Right of Entry. The Association, for itself and its
employees, agents, contractors, subcontractors and invitees, shall have a perpetual access
easement over the each Lot to the extent reasonably necessary to perform the maintenance to be
performed by the Association.
Section 5. Easement Over Common Area. An perpetual, non-exclusive easement over the
Common Area is hereby granted to each Lot and its Owners, family members and tenants of
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such Owners, the occupants of such Lot, and guests and invitees of such Owners, tenants or
occupants, for the purpose of providing access, ingress and egress to and from streets, parking
areas and walkways serving the Properties.
ARTICLE VIII
ARCHITECTURAL CONTROL
Section 1. Architectural Approval. Since the establishment of inflexible building setback
lines for location of houses on lots tends to force construction of houses directly to the side of
other homes with detrimental effects on privacy, view, preservation of important trees and other
vegetation, ecological and related considerations, no specific setback lines are established by this
Declaration. In order to assure, however, that the foregoing considerations are given maximum
effect, the site and location of any house or dwelling or other structure upon any Lot shall be
controlled by and must be approved absolutely by the Declarant or the Architectural Control
Committee, as the case may be.
The Architectural Control Committee shall have the sole and absolute right to determine
the style and appearance of the Dwellings, including, but not limited to, fences, walls, buildings,
outbuildings, garages, storage sheds, mailboxes, lawn decorations, structures of any type or color
thereof, grading, landscaping, patio covers and trellises, plans for off-street parking of vehicles
and utility layout, and any other improvements to be built or constructed on any Lot (hereinafter
individually and collectively referred to as "Improvements").
No Lot owner may remove any tree from any Lot, or make any material changes to the
landscaping in areas of Lots maintained, or to be maintained by the Association without the
approval of the Architectural Control Committee.
After occupancy of a Dwelling as a residence pursuant to a certificate of occupancy or
other similar certificate issued by the appropriate governmental authority, no Improvements
(including, without limitation, replacement of any previously existing Improvements) shall be
commenced, erected or maintained upon the Properties, nor shall any exterior addition to or
change or alteration thereof be made (including, without limitation, changing materials or color
of any exterior portion of any such Improvements), nor shall a building permit for such
Improvements or change be applied for or obtained, until plans and specifications showing the
nature, kind, shape, heights, materials, color and location of same shall have been submitted to
and approved in writing by the Association or by an Architectural Review Committee ("ARC")
composed of three or more persons appointed by the Board of Directors of the Association. If the
Association or its designee fails to approve or disapprove such proposed Improvements within
60 days after complete plans and specifications have been received by it, approval will not be
required, and this Article shall be deemed to have been complied with. The Association shall
have the right to charge a reasonable fee, not to exceed $25.00, for receiving and processing each
application.
The Declarant and, after the Declarant no longer owns any Lot within the Properties, the
Association, shall have the right to promulgate and from time to time amend written architectural
standards and construction specifications (hereinafter the "Architectural Guidelines") which may
establish, define and expressly limit the standards and specifications which will be approved,
including, but not limited to, architectural style, exterior color or finish, roofing material, siding
material, driveway material, landscape design and construction technique. Neither the
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Association nor the ARC shall approve any Improvements which it determines, in its sole
discretion, not to be in harmony of external design, construction and/or location in relation to the
surrounding structures, topography or the general plan of development of the Subdivision.
Neither the Declarant, the Association, the Board of Directors, the ARC, nor any member
or employee of any of them, shall have any liability to any person or entity by reason of any acts
taken or omitted by them, or any of them, in good faith pursuant to this Article.
Section 2. Rules and Regulations. The ARC may from time to time recommend to the
Board, and the Board may, in its sole discretion, adopt, promulgate, amend and repeal rules and
regulations interpreting and implementing the provisions of this Article VIII, including adoption
of detailed architectural guidelines and the imposition of a fee or charge for review of proposed
improvements or modifications.
Section 3. Variances. The ARC may recommend to the Board, and the Board may, by
the vote or written consent of a majority of the members thereof, allow reasonable variances as
to the covenants, conditions or restrictions contained in this Declaration, on such terms and
conditions as it shall require; provided, however, that all such variances shall be in keeping with
the general plan for the improvement and development of the Property. Variances contained in
plans that are inadvertently approved by the ARC as part of the proposed improvements shall not
be considered as having been approved unless specifically approved by the Board in accordance
with the provisions of this Section.
ARTICLE IX
PARTY WALLS
Section 1. General Rules of Law to Apply. The general rules of law regarding party
walls, lateral support in below ground construction and of liability for property damage due to
negligence or willful acts or omissions shall apply to each wall which is built as part of the
original construction of the Dwellings within the Properties and placed on the dividing line
between the Lots, and all reconstruction or extensions of such walls, to the extent not
inconsistent with the provisions of this Article.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and
maintenance of a party wall shall be shared by the Owners who make use of the wall in
proportion to such use.
Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged
by fire or other casualty, any Owner who or which uses the wall may restore it, and if the other
Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in
proportion to such use without prejudice, however, to the right of any such Owners to call for a
larger contribution from the others under any rule of law regarding liability for negligent or
willful acts or omissions.
Section 4. Easement and Right of Entry for Repair, Maintenance and Reconstruction.
Every Owner shall have an easement and right of entry upon the Lot of any other Owner and the
Common Area to the extent reasonably necessary to perform repair, maintenance or
reconstruction of a party wall and those improvements belonging to his Lot which encroach on
an adjoining Lot or Common Area. Such repair, maintenance, or reconstruction shall be done
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expeditiously, and upon completion of the work, the Owner shall restore the adjoining Lot(s) and
Common Area to as nearly the same condition as that which prevailed prior to commencement of
the work as is reasonably practicable.
Section 5. Weather-proofing. Notwithstanding any other provision of this Article, an
Owner who, by his negligence or willful act, causes the party wall to be exposed to the elements,
shall bear the entire cost of furnishing the necessary protection against such elements.
Section 6. Right to Contribution Runs With Land. The right of any Owner to contribution
from any other Owner under this Article shall be appurtenant to the land and shall pass to such
Owner's successors in title.
Section 7. Certification by Adjoining Property Owner That No Contribution Is Due. If
any Owner desires to sell his Lot, such Owner, in order to assure a prospective purchaser that no
Owner of an adjoining Lot has a right of contribution as provided in this Article, may request the
adjoining property Owner to make a certification that no right of contribution exists, whereupon
it shall be the duty of each adjoining property Owner to make such certification immediately
upon request, and without charge; provided, however that where the adjoining property Owner
claims a right of contribution, the certification shall contain a recital of the amount claimed.
Section 8. Arbitration. In the event of a dispute concerning a party wall or the provisions
of this Article, such dispute shall be resolved pursuant to the provisions of Section 8 of Article
XII hereof.
ARTICLE X
RIGHTS AND RESPONSIBILITIES OF THE ASSOCIATION
Section 1. Responsibilities. The Association, subject to the rights of the Owner set forth
in this Declaration, shall be responsible for the exclusive management and control of the
Common Area, including the streets and roadways, and shall keep the Common Area, including
the streets and roadways, in good, clean and proper condition, order and repair. The Association
shall be responsible for the payment of all costs, charges and expenses incurred in connection
with the operation, administration and management of the Common Area and the performance of
its other obligations hereunder. The Association shall operate and maintain areas designated by
the Declarant as Common Areas, whether or not title to such areas has been formally conveyed
to the Association. The Association shall also be responsible for enforcement of the covenants
and restrictions contained in this Declaration.
Section 2. Section 4. Maintenance by Association. The Association at its expense shall
be responsible for maintaining, repairing and replacing all utility and drainage lines and pipes
which are located on the properties, except those located within individual Lots. The Association
shall have the right to go onto the Lots at reasonable times for the purpose of maintaining,
repairing and replacing all utility and drainage lines and pipes which might be located on such
Lots; and each Owner hereby grants permission to the Association to enter his Lot for such
purposes.
In the event that the need for maintenance, repair or replacement (other than said being
caused by fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil
commotion, aircrafts, vehicles, and smoke, as the foregoing are defined and explained in North
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Carolina Standard Fire and Extended Coverage Insurance Policies) is caused through the willful,
or negligent act of the Owner, his family, guests or invitees, the cost of such maintenance,
replacement, or repairs shall be added to and become a part of the assessment to which such Lot
is subject.
The Association at its expense shall be responsible for maintaining and caring for the
entire lawn of the Class A Lots which includes mowing, edging, application of pine straw and
pruning of trees and shrubs. The Association shall also maintain the irrigation system of Class A
Lots and shall have the right to go on said Lots at reasonable times for the purpose of performing
such maintenance and care; and each Owner hereby grants permission to the Association to enter
his Lot for such purposes. In the event that the need for maintenance, repair or replacement of
the lawns or landscaping, or the irrigation systems servicing them, is cause by the willful or
negligent act of the Lot owner, his family, or his invitees, and specifically including failure to
water the lawn and other landscaping, the cost of such maintenance, repair or replacement shall
be added to and become a part of the assessment to which such Lot is subject.
Section 2. Manager. The Association may employ and pay for the services of a person or
entity, including the Declarant (the "Manager"), to assist the Association in managing its affairs
and carrying out its responsibilities hereunder and such other persons or entities, including
attorneys and accountants, as the Association deems necessary or advisable, whether such
persons or entities are engaged, furnished of employed by the Manager or directly by the
Association. The Association may enter into a Management Agreement for such management
services upon such terms as the Board of Directors may deem appropriate. The payment of
management fees due to the Declarant may, at Declarant's option, be deferred until such later
date as Declarant, in its sole discretion, deem appropriate. Furthermore, any management fees
due to Declarant may, at Declarant's option, be credited against any assessments due or to be
coming due from the Declarant.
Section 3. Personal Property for Common Use. The Association may acquire and hold
tangible and intangible personal property and may dispose of the same by sale or otherwise,
subject to such restrictions, if any, as may from time to time by provided in the Articles of
Incorporation or Bylaws of the Association.
Section 4. Insurance: Bonds. The Association shall procure and maintain adequate
liability insurance covering the Association. The Association shall also procure and maintain full
replacement value hazard insurance on real and personal property owned by the Association, and
shall procure and maintain officers', directors' and employees' liability insurance, and such other
insurance as it deems necessary or advisable. The premiums for such insurance shall be a
common expense paid from the annual assessments provided in Article V of this Declaration.
The Association may cause any or all persons responsible for collecting and disbursing monies
of the Association to be bonded.
Section 5. Implied Rights. The Association may exercise any other right or privilege and
take any action authorized by this Declaration, the Association's Articles or Bylaws, or the North
Carolina Nonprofit Corporation Act, as from time to time amended, and every other right or
privilege reasonably necessary to effectuate the exercise of any right or privilege or the taking of
any action authorized herein or therein.
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Section 6. Declarant's Reserved Rights; Association's Obligation of Cooperation. The
Association shall accept conveyance of any Common Area conveyed to it, in fee or by easement,
by Declarant or, at the request of Declarant, by an owner of any property within or to be annexed
into the Properties and, upon request of Declarant and without further consideration, shall
execute any document necessary to evidence such acceptance.
Until such time as Declarant and Builders have completed all of the contemplated
improvements and have sold all of the Lots within the Subdivision:
(a) Declarant shall have the right to alter the boundaries of the Common Area, whether or
not it has been previously deeded to the Association, provided that such alteration does not
substantially, materially and adversely affect the function and use of the Common Area. The
Association and each Owner hereby irrevocably appoints the Declarant as his attorney-in-fact to
execute and/or deliver any documents, plats, deeds, or other written matters necessary or
convenient to accomplish the addition of Common Area or Properties, or both, to create
easements as deemed necessary by Declarant, and to adjure the boundary or boundaries of the
Common Area.
(b) Neither the Association nor its Members, nor the use of the Common Area by the
Association and its Members, shall interfere with or impede the completion of the improvements
or the marketing and sale by the Declarant and the Builder of Lots and homes.
(c) Declarant and each Builder shall have the right to make such use of Lots and the
Common Area as may facilitate completion of development and sale of Lots and Units by the
Declarant and the Builder. Without limiting the foregoing, Declarant shall have the right to
maintain or permit the Builder or others to maintain sales offices, model Dwellings and Units,
administrative offices, and construction offices (which may be trailers or temporary or
permanent buildings), or any or all of same, on Lots or the Common Area. Declarant and the
Builder shall also have the right to erect and maintain signs on Lots and/or the Common Area, to
bring prospective purchasers upon the Common Area, to-use the Common Area for sales and
marketing activities for the Subdivision, to grant the right to use the Common Area to a
prospective purchasers or any other individual or group, in Declarant's sole discretion, and to
conduct any and all other marketing activities deemed appropriate by the Declarant, and to
permit the Builder and others to exercise such rights in conjunction with or separate from the
Declarant.
(d) Subject to the provisions of Section 1(d) of Article IV of this Declaration, Declarant
shall have the right, but not the obligation, to loan money to the Association in such amounts and
upon such terms and conditions as to which the Declarant may agree. Payments due to the
Declarant under any such loans may, at Declarant's option, be credited against any assessments
coming due at any time from the Declarant.
(e) In addition to all other rights of the Declarant, no amendment shall be made to this
Declaration, and no rule or regulation shall be adopted, interpreted or enforced by the
Association, so as to modify the assessments or other charges applicable to the Declarant or a
Builder or assessed against the Lots owned by either, or which shall restrict, impair, or, in
Declarant's sole judgment, materially adversely affect the activities of the Declarant or the
Builder with regard to construction, use of Common Area and delegation of the right to use the
Common Area, or the marketing and sale of Lots by the Declarant and Builder, whether or not
18

such activities are enumerated in the preceding paragraphs, without the express prior written
consent of Declarant.
In exercising any of the rights provided or granted under this Article X, neither Declarant,
nor the Association shall revoke, modify or amend this Declaration in a manner that reduces the
size of the Common Area to less than, the area required by the appropriate governmental
authority as of the date of this Declaration.
ARTICLE XI
USE RESTRICTIONS
Section 1. Business Use Prohibited. No trade, business, profession or other type of
commercial activity shall be carried on upon any Lot, except that the Declarant, the Builder, real
estate brokers, Owners and their agents may show Lots for sale or lease. Notwithstanding the
foregoing, the Declarant and each Builder and the agents and employees of each, shall have the
right to: (i) use Lots and improvements erected thereon for sales offices, field construction
offices, storage facilities, and its own general business offices; (ii) maintain fluorescent-lighted
or spot-lighted model homes which may be open to the public for inspection 7 days per week for
such hours as the Declarant or Builder deems appropriate or necessary; (iii) conduct any other
activities on Lots to benefit sales efforts; and (iv) use the parking facilities on the Common Area
for parking for its employees and invitees.
Section 2. Use of Accessory Structures. No tent, shack, barn, car port, metal awnings,
metal utility sheds or other building, other than a Dwelling and its garage, shall be erected on a
Lot and used temporarily or permanently as a residence. Notwithstanding the foregoing, the
Declarant and, with the approval of the Declarant, a Builder, may use temporary buildings,
offices or facilities in connection with the marketing, sale and construction of Units.
Section 3. Maintenance of Improvements. Each Owner shall maintain in good condition
and repair all improvements constructed upon such Owner's Lot, including, without limitation,
the Dwelling. No Owner shall change the exterior design or color of the Dwelling on such
Owner's Lot, including the roof thereof, except in compliance with Article VIII hereof.
Section 4. Storage: Clothes Hanging. No Lot or Common Area shall be used for the
storage of rubbish. Outside clothes hanging devices shall not be permitted.
Section 5. Nuisances. No noxious or offensive trade or activity shall be carried on upon
any Lot or the Common Area, nor shall anything be done thereon which may be or become an
annoyance or nuisance to the neighborhood. No automobile or other vehicle mechanical repairs
or like activity shall be conducted within the Properties other than in a garage and concealed
from public view.
Section 6. Lawns Within Fenced Areas. In the event any owner of a Class A Lot shall
erect a fence pursuant to the provisions of Section 12 infra, then said Owner shall maintain the
lawn within that fenced-in area in a neat condition. "Neat" shall require, at a minimum, that the
lawn be regularly cut and fertilized and that mulched areas be regularly re-mulched and kept
weeded so that its appearance is in harmony with the neighborhood. No such Owner shall allow
the grass in the fenced-in area of the Lot to grow to a height in excess of six (6) inches, measured
from the surface of the ground. All fenced-in areas of Class A Lots must have grass lawns; no
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gravel or similar type lawns are permitted. The Association shall not be responsible for lawn
maintenance within fenced-in areas of Class A Lots, but this shall not affect the amount of
Association dues applicable to said Lot.
Section 7. Failure to Maintain. If an Owner fails to maintain the Lot or the improvements
thereon, the Association or the appropriate Subassociation, after giving such Owner at least ten
(10) days' written notice, shall be authorized to undertake such maintenance at the Owner's
expense. By accepting title to his Lot, each Owner shall be deemed to grant access upon the
Owner's Lot and Dwelling for such purpose and such entry shall not constitute a trespass. If such
maintenance is undertaken by the Association, Subassociation or Declarant, the charge therefor
and all costs of enforcement and collection shall be secured by a lien against the Lot as provided
in Article V hereof.
Section 8. Animals. No animals, livestock or poultry of any kind shall be raised, bred, or
kept on any Lot, except that a reasonable number of cats, dogs, and other household pets may be
kept provided they are kept within the residence and are not kept, bred, or maintained for any
commercial purposes or become a nuisance to the neighborhood. No person owning or having
custody of an animal shall allow the animal to stray or go upon another Owner's Lot without the
consent of such other Owner. No animals shall be permitted on or in the Common Area at any
time except as permitted by the rules and regulations of the Association or by applicable law. All
animals shall be on a leash when outside the Owner's dwelling, and the Owner shall be
responsible for cleaning up all droppings from their animals.
Section 9. Signs. No signs shall be displayed on any Lot with the exception of one "For
Sale" or "For Rent" sign not exceeding 36" x 24" in size. The Association may develop uniform
sign standards and specifications to which all Owners must adhere. No sign of any kind shall be
displayed in or on the Common Area without the prior written consent of the Association.
Notwithstanding the foregoing, Declarant and, with the consent of and upon such conditions as
Declarant, in its sole discretion, might impose, a Builder shall have the right to erect and
maintain signs of any type and size on any Lot which it owns and on the Common Area, in
connection with the development and sale of the Properties.
Section 10. Water Retention Areas. The Association shall be responsible for maintaining
the portions of the storm water drainage system which are within the Common Area, including
the water quality and quantity standards of the approved plans, to the extent required by law. A
drainage easement is hereby dedicated to the Association for the purpose of maintaining the
storm water system to meet water quality and quantity design standards of the approved plans
and any future governmental laws, rules or regulations.
Each Owner of a Lot which borders a water retention area shall maintain any portion of
that Owner's Lot lying within a retention area free of debris but shall not remove any wetlands
species or do anything that would affect adversely water quality within the water retention area.
Swimming and bathing in water retention areas are prohibited. Docks or other structures
shall not be erected in water retention areas without the prior written consent of the Association.
All other uses of water retention areas shall be subject to the prior written approval of the
Association and such rules and regulations as the Association may adopt from time to time.
Section 11. Vehicles, Boats and Trailers. Off-street parking for not less than two (2)
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passenger automobiles must be provided on each Lot prior to the occupancy of any dwelling
constructed on said Lot, which parking areas and the driveways thereto shall be constructed of
concrete, brick, asphalt, or turfstone. Parking of motor vehicles on lawns or in other landscaped
areas is prohibited.
No truck or vehicle used primarily for commercial purposes (other than those temporarily
present on business), no recreational vehicles or campers, and no trailer may be parked within
the Properties. Any vehicle not in operable condition and validly licensed, may be kept on a Lot
only if kept inside a garage and concealed from public view. No boat may be kept on any Lot.
For the purpose of this section, the term "kept" shall mean present for either a period of more
than ten (10) hours or overnight, whichever is less.
The Association shall have the right to tow or remove any boat, trailer, or vehicle of any
type which is parked within the Premises or kept on any Lot in violation of this section, at the
owner's expense, and the owner of each Lot, by acceptance of their deed, does grant to the
Association such an easement on, across, and upon their Lot as may be necessary to enforce the
provisions set out in this section.
Section 12. Walls, Fences, and Hedges. All walls, fences, planters and hedges shall be
controlled strictly for compliance with this Declaration and architectural standards established by
the Declarant or the ARC. As set out in Section 6 supra, the owner of any Class A Lot on which
any area is fenced shall be responsible for maintaining the lawn within the fenced-in area.
No wall, fence, planter, or hedge shall be erected or maintained on a side lot line forward
of the rear exterior corners of the main residential structure located on a Lot. For the purpose of
this provision the rear exterior corner of the main residential structure excludes bay or box
windows, chimney structures or any other similar appendage.
No perimeter wall, fence, or hedge in excess of six (6) feet in height shall be erected and
maintained on a side lot line from a point located at the rear exterior corner of the main
residential structure, backward to the rear property line on a Lot and along the rear property line
of the Lot.
On corner lots, side yard fences must be set back from the side property line a minimum
of one-half (1/2) of the side building line setback shown on the plat, but in no event shall the
fence be located forward of the rear exterior corner of the main residential structure.
The design and materials of all fences shall be approved by the ARC prior to construction
pursuant to the approval requirements of Article VIII, Section 1, of this Declaration.
Section 13. Above ground swimming pools. No above ground swimming pool shall be
erected, constructed, placed or permitted to remain on any Lot.
Section 14. Antennae and Roof Structures. No radio or other electrical towers, aerials,
antennae, or other devices of any type for the reception or transmission of radio broadcasts or
other means of communication shall be erected, constructed, placed or permitted to remain on
any Lot or upon any improvements thereon, except that this prohibition shall not apply to those
antennae specifically covered by 37 C.F.R. Part 1, Subpart S, Section 1.4000 (or any successor
provision) promulgated under the Telecommunications Act of 1996, as amended from time to
-21-

time. The Association shall be empowered to adopt rules governing the types of antennae that are
permissible hereunder and establishing reasonable, non-discriminatory restrictions relating to
safety, location and maintenance of antennae.
An antenna permissible pursuant to rules adopted by the Association may be installed
only if it is approved by the Association pursuant to Article VIII hereof.
Section 15. Visual Obstructions at the Intersections of Public Streets. No object or thing
which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways
within the triangular area formed by the junction of street curb lines and a line connecting them
at points twenty-five (25) feet from the junction of the street curb lines (or extensions thereof)
shall be placed, planted or permitted to remain on any corner lots.
Section 16. Leased Units. An Owner may lease or sublet his Unit; provided, however,
that any lease or sublease must be for at least six (6) months, in writing and contain the following
provision:
"Tenant shall obey, adhere to and be bound by all provisions of the Declaration Of
Covenants, Conditions And Restrictions For the Traemoor at Arbor Creek Community, recorded
in the applicable public registry for Brunswick County, North Carolina. Tenant acknowledges
that he has received of a copy such Declaration-and the rules and regulations of the Association
and is familiar with the provisions of same."
If an Owner fails to include said provision in any lease or sublease, it shall be
conclusively deemed to be included and part of said lease or sublease. Owner shall furnish the
Association a copy of any leases or subleases of his Unit.
Section 17. Minimum Size of Units. All Units constructed within the Properties shall be
11 200 square feet or larger
Section 18. Attached Garages. All Class A Units constructed within the Properties shall
contain an enclosed garage that is permanently attached to and part of the Unit and such garage
shall be large enough to accommodate at least one automobile.
Section 19. Seasonal or Holiday Decorations. (e.g., Christmas trees and lights,
pumpkins, Easter decorations) shall be removed from each Lot or residential dwelling within a
reasonable period of time after such holiday passes. The ARC has the sole discretion to
determine what is a reasonable period of time for seasonal or holiday decorations to exist after
the holiday passes and its determination shall be final.
Section 20. Window Coverings. All drapes, curtains or other similar materials hung at
windows so as to be visible from outside the home shall be of a white or neutral background
material.
Section 21. Exterior Lights. All light bulbs or other lights installed in any fixture located
on the exterior of any building or any Sites shall be clear, white or non-frosted lights or bulbs.
Light wattage and placement shall be approved by the Architectural Control Board.
Section 22. All service utilities, fuel tanks, wood piles and trash and garbage containers
are to be enclosed within a fence, wall or plant screen of a type and size approved by the
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Declarant or the Architectural Control Committee, so as to preclude the same from causing an
unsightly view from any highway, street or way within the subdivision, or from any other
residence within the subdivision.
Section 23. Deviations. Declarant at its sole discretion, is hereby permitted to approve
deviations to restrictions in Article XI in instances where in its judgment, such deviation will not
adversely affect the development of the Property as a whole. Such approvals must be granted in
writing and when given will automatically amend these restrictions for that certain Lot only.
ARTICLE XII
STORMWATER MANAGEMENT
Section 1. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number , as issued by the Division of Water
Quality under NCAC 2H.1000. 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 plans may not take place without the
concurrence of the Division of Water Quality.
Section 2. The maximum allowable built-upon area per lot is 4,200 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,
and coquina and parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools.
Section 3. All runoff from the built-upon areas on the lot must drain into the permitted
system. This may be accomplished through providing roof drain gutters which drain to the
street, grading,the lot to drain toward the street, or grading perimeter swales to collect lot runoff
and directing ahem into the stormwater system or into the street. Lots that will naturally drain
into the system are not required to provide these additional measures.
ARTICLE XIII
GENERAL PROVISIONS
Section 1. Enforcement. The Association or any Owner shall have the right to enforce, by
proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this Declaration. Failure by the
Association or 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. Further, the Board of Directors shall have the
right to record in the appropriate land records a notice of violation of this Declaration or the
Bylaws of the Association, or any rules, regulations, use restrictions, or design guidelines
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promulgated by the Association and to assess the cost of recording and removing such notice
against the Owner in violation of the Declaration.
Section 2. Severability. Invalidation of anyone of these covenants or restrictions by
judgment or court order shall in no way affect any other provision, which shall remain in full
force and effect.
Section 3. Amendment. For so long as Declarant owns any Lot or Unit within the
Properties, this Declaration may be amended by the Declarant, without the consent or joinder of
any other Owner or the Association. Any such amendment shall be effective upon recording of
same in the applicable public registry for Brunswick County, North Carolina. No amendment
shall be binding upon any Lot or Owner until fifteen (15) days after a copy of such amendment
has provided to such Owner.
The covenants and restrictions of this Declaration, and any amendments thereto, are
appurtenant to and shall run with and be binding upon the Properties and the Owners thereof for
a term of twenty-five (25) years from the date this Declaration is recorded, after which time they
shall be automatically extended for successive periods of ten (10) years unless terminated or
amended by a vote of the Owners as set forth below.
Subject to the provisions of Section 8(e) hereof and after Class B Lots cease to exist, this
Declaration may be amended during the first twenty-five year period by an instrument signed by
the Owners of not less than seventy-five percent (75%) of the Lots and terminated during the
first twenty-five year period by an instrument signed by the Owners of not less than eighty
percent (80%) of the Lots, and thereafter amended by an instrument signed by the Owners of not
less than sixty-seven percent (67%) of the Lots or terminated by an instrument signed by the
Owners of not less than eighty percent (80%) of the Lots, provided, however, that so long as
there is Class B membership, no amendment adopted by the Owners shall be effective unless and
until such amendment is approved in writing by the Declarant. Amendment or termination shall
be by written instrument signed by the appropriate persons or entities and recorded in the
applicable public registry for Brunswick County, North Carolina, and upon recordation, shall be
binding on all Lots and Units within the Properties and the Owners thereof, without regard to
whether the Owner of such Lot voted for or against or signed or did not sign the amendment.
Section 4. Interoretation. Headings used herein are for indexing purposes only and shall
not be used as a means of interpreting or construing any provision hereof. Unless the context
otherwise requires, the use herein of the singular shall include the plural and vice versa: the use
of one gender shall include all genders; and the use of the word "including" shall mean
"including, without limitation". This Declaration and the provisions thereof shall be construed
and enforced in accordance with the laws of the State of North Carolina.
Section 5. Subdivision of Lots. No Lot within the Subdivision may be subdivided by sale
or otherwise so as to reduce the total Lot area shown on the recorded plat, except by or with the
consent of the Declarant and, if required, by the appropriate governmental authority.
Section 6. Declarant's Right To Change Development. With the approval of the
appropriate governmental authority, and subject only to such terms and conditions as said
authority may impose, Declarant shall have the right, without consent or approval of the Owners,
to create Lots and Units, add Common Area, and reallocate Lots or Units within the Properties.
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Additionally, the Developer may convert any lot or lots or any other property subject to these
restrictions to use as a roadway.
Section 7. Rules and Regulations: Enforcement. The Board of Directors shall have the
authority to adopt additional rules and regulations governing the use of the Common Area and
the Lots within the Subdivision and shall furnish a written copy of said rules and regulations to
the Owners) of each Lot at least fifteen (15) days before such rules and regulations become
effective.
In addition to any other rights and remedies that the Association may have under the
Bylaws and this Declaration, the Association may impose sanctions for a violation of this
Declaration, the Bylaws of the Association, the rules and regulations adopted Association, and
any restrictive covenants applicable to the Properties, in accordance with procedures set forth in
the Bylaws, which sanctions may include, without limitation, reasonable monetary fines, which
shall constitute a lien upon the Lot of the violator, and suspension of the right to vote and the
right to use the Common Area any facilities thereon.
In addition, as provided in the Bylaws, the Association may exercise self-help to cure
violations (specifically including, but not limited to, the towing of Owner and tenant vehicles
that are in violation of parking rules) and may suspend the right of an Owner to use any Common
Area and recreational facility within the Properties if the Owner is more than 30 days delinquent
in paying any assessment or other charge due to the Association.
The Association shall at all times have the right and easement to go upon any Lot for the
purposes of exercising its rights hereunder, including, but not limited to, enforcement of the
architectural guidelines applicable to the Properties. Any entry onto any Lot for purposes of
exercising this power of self-help shall not be deemed as trespass. All remedies set forth in this
Declaration and the Bylaws shall be cumulative of any remedies available at law or in equity. In
any action to enforce its rights and remedies, if the Association prevails, it shall be entitled to
recover all costs, including, without limitation, attorneys' fees and court costs, incurred in such
action.
The Association shall not be obligated to take action to enforce any covenant, restriction
or rule which the Board reasonably determines is, or is likely to be construed as, inconsistent
with applicable law, or in any case in which the Board reasonably determines that the
Association's position is not strong enough to justify taking enforcement actions. Any such
determination shall not be construed as a waiver of the right to enforce such provisions under
other circumstances or to estop the Association from enforcing any other covenant, restriction or
rule.
Section 8. Dispute Resolution.
(a) Consensus for Association Action.
(1) Except as provided in this Section, the Association may.not commence a legal
proceeding or an action under this Article without the approval of at least two-thirds of the
Members. The foregoing shall not apply to: (i) actions brought by the Association to enforce the
provisions of this Declaration, the Bylaws, or rules and regulations adopted by the Association
(hereinafter collectively referred to as the ("Governing Documents"); (ii) the imposition and
-25-

collection of assessments; (iii) proceedings involving challenges to ad valorem taxation: or (iv)
counterclaims brought by the Association in proceedings against it.
(2) Prior to the Association or any Member commencing any proceeding to which
Declarant is a party, including, without limitation, a proceeding based on an alleged defect in any
improvement, Declarant shall have the right to be heard by the Members, or the particular
Member, and to have access to inspect and correct the condition of or redesign any portion of
any improvement as to which a defect is alleged or to otherwise correct or resolve the dispute.
(b) Alternative Method for Resolving Disputes. Declarant, its officers, directors,
employees and agents, the Association, its officers, directors and committee members, all
Owners, Members, any Builder, its officers, directors, employees and agents, and any other
person or entity not otherwise subject to this Declaration who agrees to submit to this Section 8
(each such person or entity being herein referred to as a "Bound Party" or, in groups, as the
"Bound Parties") each agrees to encourage the amicable resolution of disputes, without the
emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees
to submit those claims, grievances and disputes described in Subsection (c) hereof (herein
referred to as the "Claims") to the procedures set forth in Subsection (d) hereof.
(c) Claims. Unless specifically exempted below, all Claims between any of the Bound
Parties, regardless of how such Claims might have arisen or on what they might be based,
including, but not limited to, Claims: (i) arising out of or relating to the interpretation,
application or enforcement of the Governing Documents or the rights, obligations and duties of
any Bound Party under the Governing Documents; (ii) relating to the design and construction of
improvements; or (iii) based on any statements, representation, promises, warranties, or other
communications alleged to have been made by or on behalf of any Bound Party, shall be subject
to the provisions of Subsection (d) hereof.
Notwithstanding the foregoing, unless all parties to any such dispute otherwise agree in
writing, the following shall not be deemed to be Claims covered by this Subsection (c) and shall
not be subject to the provisions of Subsection (d):
(1) any proceeding by the Association against any Bound Party to enforce the provisions
of Article V of this Declaration:
(2) any proceeding by the Association or the Declarant to obtain a temporary restraining
order or injunction (or equivalent equitable relief) and such other ancillary relief as the court may
deem necessary in order to maintain the status quo and preserve the Association's or the
Declarant's ability to act under and enforce the provisions of Articles VIII and XI of this
Declaration;
(3) any proceeding between or among Owners, which does not include the Declarant, a
Builder, or the Association as a party, if such proceeding asserts a Claim which would constitute
a cause of action independent of the Governing Documents; or
(4) any proceeding in which no Bound Party is an indispensable party.
With the consent of all parties thereto, any dispute involving any of the foregoing
excepted actions may be submitted to the alternative dispute resolution procedures set forth in
Subsection (d).
-26-

(d) Mandatory Procedures.
(1) Notice. Any Bound Party having a Claim (the "Claimant") against any other Bound
Party (the "Respondent") (the Claimant and the Respondent being herein individually referred to
as a "Party" and collectively as the "Parties") shall notify each Respondent in writing (the
"Notice"), stating plainly and concisely:
(i) the nature of the Claim, including the persons or entities involved and the
Respondent's role in the Claim:
(ii) the legal basis of the Claim (i.e., the specific provisions of the Governing
Documents or other authority out of which the Claim arises);
(iii) the proposed remedy; and
(iv) the fact that Claimant will meet with Respondent to discuss in good faith
ways to resolve the Claim.
(2) Negotiation and Mediation.
(i) The Parties shall make every reasonable effort to meet in person and confer
for the purpose of resolving the Claim by good faith negotiation. If requested in uniting,
accompanied by a copy of the Notice, the Board of Directors of the Association may appoint a
representative to assist the Parties in their negotiations.
( ii) If the Parties do not resolve the Claim within 30 days after the date of the
Notice (or within such other time period as may be agreed upon by the Parties), Claimant shall
have an additional 30 days in which to submit the Claim to mediation under the auspices of the
American Arbitration Association ("AAA") in accordance with the AAA's Commercial or
Construction Industry Mediation Rules, as appropriate.
(iii) If Claimant does not submit the Claim to mediation within such time, or does
not appear for the mediation. Claimant shall be deemed to have waived the Claim, and
Respondent shall be released and discharged from any and all liability to Claimant on account of
such Claim; provided, nothing herein shall release or discharge the Respondent from any liability
to any person or entity other than the Claimant.
(iv) Any settlement of the Claim through negotiation or mediation shall be
documented in writing and signed by the Parties. If the Parties do not settle the Claim within 30
days after submission of the matter to AAA mediation, or within such other time as may be
determined by the mediator or agreed to by the Parties, the mediator shall issue a written notice
of termination of the mediation process, which notice shall state that the Parties are at an impasse
and set forth the date that mediation was terminated (hereinafter "Termination of Mediation").
(v) Each Party shall bear its own costs of the mediation, including attorneys' fees,
and each Party shall share equally all fees and expenses of the mediator and the administrative
fees of mediation. If the Parties agree to a resolution of a Claim through negotiation or mediation
as set forth in this Subsection (d), and any Party thereafter fails to abide by the terms of the
settlement agreement, any other Party may file suit or initiate arbitration proceedings to enforce
the agreement without the need to again comply with the procedures set forth in this Subsection
-27-

(d). In such event, the Party taking action to enforce the agreement shall be entitled to recover
from the non-complying Party (or, if more than one Party is in noncompliance, from all non-
complying Parties pro rata) all costs incurred by such Party in enforcing the agreement,
including, without limitation, attorneys' fees and court costs.
(3) Binding Arbitration.
(i) After Termination of Mediation, Claimant shall be entitled to submit the
Claim to final, binding arbitration under the auspices of the AAA in accordance with the AAA's
Commercial or Construction Industry Arbitration Rules, as appropriate. No Claim subject to this
Subsection (d), whether by the provisions thereof or by agreement of the Parties, shall be
submitted to or decided by or in a court of law. Any judgment upon the award entered by the
arbitrator may be entered in and enforced by a court of competent jurisdiction. If the amount
claimed by the Complainant or, by the Respondent in a counterclaim, exceeds $250,000, the
Claim shall be heard and determined by three arbitrators. Otherwise, unless the Parties otherwise
agree, the Claim shall be heard and determined by an arbitrator. An arbitrator shall have
expertise in the areas) of the Claim, which may include legal expertise if legal issues are
involved.
(ii) Each Party shall bear its own costs of the arbitration, including attorneys'
fees, and each Party shall share equally all fees and expenses of the arbitrator and the
administrative fees of arbitration.
Notwithstanding the foregoing, if a Party unsuccessfully contests the validity or scope of
arbitration in a court of law, the non-contesting Party shall be awarded reasonable attorneys' fees
and expenses incurred in defending such contest. All decisions regarding the arbitrability of any
Claim shall be decided by the arbitrator(s).
(iii) The award of the arbitrators shall be accompanied by detailed written
findings of fact and conclusions of law. Except as required by law or for confirmation of an
award, neither a Party nor an arbitrator may disclose the existence, content, or results of any
arbitration hereunder without the prior written consent of all Parties involved in the arbitration.
(e) Amendment of Subsection. Notwithstanding any other provision of this Declaration,
this Subsection 8 may not be amended prior to the expiration of 20 years from the date of
recording of this Declaration without the prior written consent of the Declarant.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set
its hand and seal this day of 12005.
[SIGNATURES ON FOLLOWING PAGE]
[Remainder of page intentionally left blank]
-28-

DECLARANT:
BILL CLARK HOMES OF WILMINGTON, LLC,
A North Carolina limited liability company
By: (SEAL)
Manager
By: (SEAL)
Manager
STATE OF NORTH CAROLINA )
COUNTY OF NEW HANOVER )
I, , a Notary Public for do hereby certify that
and Managers of Bill Clark Homes of
Wilmington, LLC, a NC limited liability company, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument on behalf of said limited liability
company.
Witness my hand and seal this_day of 2005.
Notary Public
My comm. expires:
-29-

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Tea lot Ne.................................................— _..... Panel identifier No. 1/0 22_.0027...................................
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Verlbed br....... ......................_..............................County no the .. .. dry of. .............U.........
by ._.............................-_-............................................... ... . . .. .... .._... ..__. .__. __.. _..............._....I............
Mall after....ydine b ........Rirkman..6..Whl.feyd. P.A.. ... ............... .... ...... .........................................................
130 North P ooc $creet,,5ul ce 300,, NSlml gLpn, NC 284.01 ... . ............
Tb4 m.Wmeot wu yrt p .4_6 Vhitford, P.A. ..... .... . .... ....
�d,
MLF Lj IZ­Rj-#� RINA GENERAL WARRANTY DEED
V u TEI$ ew of.....__._.?t,reh............. 19 95 ,by and between
GRANTEE
TRI-CITY, INC., a North Carolina Corporation HEAVER DAM PARTNERS, I.I.C. A North Carolina
and 0Ax ISLAND VERTMS, a North Carolina Genera Limited Liability Company
.rtnerahip with Asoumad Name Certificate
recorded in Book 1014. Page 566. arwnwick
County Registry (else known as Oak Island
Vencurea, a Joist Ventura) _ tr
1%14 , q� o Ddl as
E.1e1 a.W.'aae.bases fT'1 r`��qg �u our 'shale mere.[...'..wr.e.a cantata.or
�'t' �d�c' U fs s -
The desizontio. Gnvb v as Utv II inclu a raid par es,their help.aucm.on,and,vita,and
.bat include dosuly,phenol.same.-He remlhvdf / (r(e�a}ireetd by contest
WITNPSSETE, that the Crawler. for, ralanb1. cnn,me..N A=pf(4-gyp he Gr.nlea. the receipt of which is bereby
acons.iednd,bu and by these prostate does(not.borzoi....H C oey ..to the Create, to fee simple,all Chet
certain lot or parcel of land situated in toe City of .. .. Sm1thVLllg,., .,__ Township,
Co..ly.North rarolin.and tour.p.nic.1.0y described as full...:
See rshibit "A" attached hereto and incorporated herein.
RECEIVED ����p�
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�9`b O �j±ybrdp'siq^dearrlbad wan acquired by Granter by Instrument recorded in ..book 550%..Peke 948:_......._
Book.595..Pa�let.5 Ii0; .10.ak.621,..Pe¢a..POS_.mnd..RopR._{eb,5.....Ra¢5..262...Bru,na+Isk.CountY...6i¢3i try....._......
A map,b..imv the glace.described protYb be rerurded J.Plat Dwk. .. par. . ....... ...
TO HAVE AND TO HOLD the aforesaid lot or parcel at land and all 11wileees and.,part....m therein belenslnp W
the Grantee 1.In simple, -
And the Grantor covan,n[a with the Grantee.Nat Grantor Is attired of the p-W...In fee titanic,he.the risht to cenvq
the esme 1.fee elastic,that title I.marketable and free and clear of'.11 encumhroncee,and that Grantor rill warrant and
defend the till#afalmt the lawful claims of all trans wbomme.+r accept for the escetNYng hereinafer.Yled.
Title to the nrapsny herdlaa6ove de* e ,wbjeal to the Wlmrin¢e,npliuna:
llrrya12gn �e ¢ Jeee to any excop[foos• [.cares tl ages coverunca, cond Stlor:s,
rein c ri acted by or otherwise acquired from Gr....rs and chair pradeeeasors
Ott i Y. Sncludl. , without 11mi[ation, [hose reserva.lons sec forth In Deeds
n n ,Vi,a�� n wok 593•,PWX21Aook 621. Pale 805, BTunswlck Cgunry R.,I.try.
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STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Forr¢oiag(or annexed)CeniOote(.)of CATHY L. BALLARD
NoWrAic,)Public tis)(are)Ceded Io be Correct.
This ln[1Nmmt It'ac(kdfOr A.Eiabatiab on th.Day and Hour is Ih.Book and�Pfa�kc s'hown on[h.Fws1 Pagc hembf.

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� ��5, n204
EXHIBIT W
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Beginning at an iron pipe loafed.'%F e R gh y line of NC Highway 211.
said highway having a right I'� 7 a saihron pipitpJy�pp g�a�y 63 degrees
54 minutes 25 seconds tl�a SOY et ro /t gl ohnna"L"nd�y`$sYem�monumeol
BYSTEM',said monument nog coordinates meters (Y)23743296
meters,thence South 74 degrees 27 minutes 48 seconds Fast ito a point,thence
South 28 degrees 24 minutes 26 seconds West 1026.43 feet to a point, then"South 30
degrees 13 minutes 42 seconds West 47215 feet to a point. thence South 24 degrees 24
minutes 31 seconds West 57274 feet to a point,thence South 26 degrees 42 minutes 43
seconds Wen 29021 feet to a point.thence South 34 degrees 17 minutes 20 seconds West
494.67 feet to a point.then=South 24 degrees 20 minutes 21 seconds West 281.05 feet to
a point,then=South 62 degrees 27 minutes 19 seconds Fast 167.86 feet to a point,thence
South 18 de ea 56 minutes 42 seconds East 211.06 feet to a point.thence South 16 degrees
38 minutes =ads Fast 248.71 feet to a point.the 5�oJu th 42 degrees 40 minutes 28
seconds East Reer
et to a point,thence �U4'S minutes Fast
stands Fast
17Z61 feet to a So ee 4 ,min East seconds
feet to
a point,rhea"S u o Fast 5530 feet to a point,thence
South 54 de aec dsPair137.06 feet to a point.thence South 24 degrees
34 minutes4XX.�ff"eet to a " 27 degrees 28 minutes 14
seconds W gm1pW ouch 16 degrees 37 minutes 42 seconds Eat
Z24.93 feet to a point,then- Southh tes 47 seconds Fast 41MS feet m
a point,thence North 84 degrees 17 minutes 04 s r 338.62 feet to a point,thence
South 66 degrees 26 minutes 53 seconds East 136AI feet to a point,thence South 80 degrees
18 minutes 26seconds West 3714-52 feet to a point,thence North 34 degrees 19 minutes 23
seconds Eat 47522 feet to a point,thence Noah 28 degrees 37 minutes 24 seconds East
65252 feet to a point.thence North 22 degrees 48 minutes 53 seconds East 1375.89 feet to
a point.then=North 22 degrees 50 minutes 43 seconds Eat 734.67 feet to a point.thence
North 18 degrees 18 minutes 40 seconds East 2160.43 feet to a point. thence South 74
degrees 28 minutes 33 econds East 124124 feet to a point.thence Nonh 07 degrees 00
minutes 31 sccwl s a�985.76 feet to point of beginning,containing 200.00 2cre4 more or
it" r Dam Partners LLG