SW8990913_HISTORICAL FILE_19990921

STORMWATER DIVISION CODING SHEET
POST-CONSTRUCTION PERMITS
PERMIT NO. SW8 01 O� 0 c-1 13
DOC TYPE ❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE ►q 0% °I O °I 2\
YYYYMMDD

State of North Carolina
ti Department of Environment t, •
and Natural Resources �a
Wilmington Regional Office i
James B. Hunt, Jr., Governor NC®ENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Division of Water Quality
September 21, 1999
Mr. Sean Scanlon, Project Coordinator
Coastal Communities, Inc.
131 Ocean Blvd. West
Holden Beach, NC 28462
Subject: Permit No. SW8 990913
Seascape at Holden Plantation
Low Density Subdivision Stormwater Permit
Brunswick County
Dear Mr. Atkinson:
The Wilmington Regional Office received a complete Stormwater Management Permit Application for Seascape
at Holden Plantation on September 3, 1999. Staff review of the plans and specifications has determined that the
project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are
forwarding Permit No. SW8 990913, dated September 21, 1999, for the construction of the project Seascape at
Holden Plantation.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and
limitations as specified therein, and does not supercede any other agency permit that may be required.
If any parts,requirements,or limitations contained in this permit are unacceptable,you have the right to request an
adj udicatory hearing upon written request within thirty(30)days following receipt of this permit.This request must
be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings,P.O. Drawer 27447,Raleigh,NC 27611-7447. Unless such demands
are made this permit shall be filial and binding.
If you have any questions, or need additional information concerning this matter, please contact either Noelle
Lutheran or me at [phone].
Sincerely,
lam, C-AI-
Rick Shiver
Water Quality Regional Supervisor
RSS/nml: S:\WQS\STORMWAT\PERMIT\990913.AUG
cc: �?P,er1 �1ry�lDavis,'PCE�v
Delaney Aycock, Brunswick County Inspections
David Thomas,NCDOT-Division 3,District 3
Wilmington Regional Office
Central Files
Noelle Lutheran x'
127 Cardinal Dr. Ext.,Wilmington,North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper

State Stormwater Management Systems
Permit No.S W 8 990913
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143,General Statutes ofNorth Carolina as amended,and
other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Coastal Communities, Inc.
Seascape at Holden Plantation
Brunswick County
FOR THE
construction,operation and maintenance ofa25%low density subdivision incompliance with the provisions of 15A
NCAC 2H .1000(hereafter referred to as the "stormwater rules')and the approved stormwater management plans
and specifications, and other supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit for Seascape at Holden Plantation.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific
conditions and limitations:
L DESIGN STANDARDS
1. Each of the 193 lots is limited to a maximum of 6000 square feet of built-upon area, as indicated in the
approved plans.CAMA regulations may reduce the allowable built-upon area for those lots within the AEC.
2. The overall tract built-upon area percentage or lot sizes for the project must be maintained at 25%, per the
requirements of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are
enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all
impervious areas and surface waters.
5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum
side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division.
2

State Stormwater Management Systems
Permit No.SW8 990913
II. SCHEDULE OF COMPLIANCE
1. Swales and other vegetated conveyances shall be constructed in their entirety,vegetated,and be operational
for their intended use prior to the construction of any built-upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other
vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted
stormwater management systems at optimum efficiency to include:
a. Inspections
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
4. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the
Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the
following statements related to stormwater management:
a. "The allowable built-upon area per lot is 6000 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, but does not include
raised, open wood decking, or the water surface of swimming pools."
b. "The covenants pertaining to stormwater reulations may not be changed or deleted without
concurrence of the Division of Water Quality. '
C. "Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings, is strictly prohibited by any persons."
d. "Lots within CAMA's Area of Environmental Concern may have the permitted built-upon area
reduced due to CAMA jurisdiction within the AEC."
e. "Each lot will maintain a 30'wide vegetated buffer between all impervious areas and surface waters."
5. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built-upon
area per lot within 30 days of the date of recording.
6. The permittee shall submit all information requested by the Director or his representative within the time
frame specified in the written information request.
7. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road.
b. That minimum amount needed under driveways to provide access to lots.
8. The permittee is responsible for verifying that the proposed built-upon area 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

State Stormwater Management Systems
Permit No.SW8 990913
9. Within 30 days of completion of the project, the permittee must certify in writing that the project's
stormwater controls, and impervious surfaces have been constructed within substantial intent of the
approved plans and specifications. Any deviation from the approved plans must be noted on the
Certification.
10. 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.
11. The following items will require a modification to the permit. Revised plans,specifications and calculations
must be permitted prior to beginning construction on the modification:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area._
e. Further subdivision, acquisition, or selling of the project area.
f. Filling in, altering or piping an}, vegetative conveyance shown on the approved plan.
12. The Director may determine that other revisions to the project should require a modification to the permit.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may subject the Penmittee to an
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes
143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a
permit modification, revocation and reissuance, or termination does not stay any permit condition.
4. 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 as'allowed by the laws, rules, and regulations
contained in Title 15A of the North Carolina Administrative Code,Subchapter 2H.1000;and North Carolina
General Statute 143-215.1 et. al.
5. The permit is not transferable to any person rentityoxcept afrer notice to and approval by the Director. The
Director may require modification.or revocation and reissuance of the permit to change the name and
incorporate such the requirements as may be necessary. A formal permit request must be submitted to the
Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved,
and other supporting matenals as may be appropnate. The approval of this request will be considered on
its merits, and may or may not be approved.
6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,rules,
regulations, or ordinances which may be imposed by other government agencies (local, state and federal)
which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must
be submitted.
I
4

State Stormwater Management Systems
Permit No.SW8 990913
7. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes
of inspecting the stormwater control system and it's components.
8. The permittee shall notify the Division of Water Quality of any mailing address changes within 30 days of
moving.
Permit issued this the 21 st day of September, 1999.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
� 7--------------
-1 Ken T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission'
Permit Number SW8 990913
5

i_.�FFICE_USE'ONLY ..,,<
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION:
1. Applicant's name(specify the name of the corporation, individual, etc. who owns the project):
Coastal Communities, Inc.
2. Print Owner/Signing Official's name and.title(person legally responsible for facility and compliance):
Sean Scanlon, Project Coordinator
3. Mailing Address for person listed in item 2 above:
131 Ocean Blvd. West
City: Holden Beach State: NC Zip: 28462
Telephone Number: (910 )842-4939
4. Project Name(subdivision, facility, or establishment name-should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
5ea5cape at Holden Plantation
5. Location of Project(street address): --
Stone Chimney Poad (5P I 1 1 9)
City: Holden Beach County: Brunswick
6. Directions to project(from nearest major intersection):
Approx. 3/4 of a mile south of the Sabbath home road and Stone Chimney road intersection across from the
Entrance to the Lockwood Folly Golf Course Community
7. Latitude: N 33003'48" Longitude: W G 1 °34'4 1 " Of project
8. Contact person who can answer questions about the project:
Name: Sean Scanlon Telephone Number: [phone] ,
H. PERMIT INFORMATION:
1. Specify whether project is (check one): X New Renewal Modification
Form: SWU-101 Version3.99 Pagel of4

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number And its issue date(if known)
3. Specify the type of project(check one):
X Low Density High Density Redevelop General Permit Other
4. Additional Project Requirements(check applicable blanks):
CAMA Major X Sedimentation/Erosion Control 404/401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
I-877-623-6747.
III. PROJECT INFORMATION
1. In the space,provided below, summarize how stormwater will be treated. Also attach a detailed narrative.
(one to two pages)describing stormwater management for the project.
Roadside 5wale5 will divert drainage to vegetative 5wale5 alonq property hne5 and outlet into ex15tlnq
wetland areas.
2. Stormwater runoff from this project drains to the Lumber River basin.
3. Total Project Area: 193.1 acres 4. Project Built Upon Area: 25 %
5. How many drainage basins does the project have? 1
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below. .
:Basiiilnfoitnation x , . Diaina a Area 1 ? ;, r,,. - ; _i Dtama e'Siea 2 t
Receiving Stream Name S rin Cree-Y%fd
Receiving Stream Class SA
Drainage Basin Area 1 93. 1 ac.
Existing Impervious*Area N/A
Proposed Impervious*Area 4 1 .45 ac.
% Impervious* Area (total) 21.47 %
Ln ervtous*Suiface Area ;< ' " Drama a Area 1V Drama e:Aiea 2
On-site Buildings 0.06 ac.
On-site Streets 12.83 ac.
On-site Parking 0.24 ac.
On-site Sidewalks 1 .74 ac.
Other on-site 193 lots @ GOOO sF/lot = 26.58 ac.
Off site N/A
Total: 41.45 1 Total:
Impervious area is defined as the built upon area including, but not limited to, buildings, roads,parking areas,
sidewalks,gravel areas, etc.
Form: SWU-101 Version3.99 Page 2of4

7. How was the off-site impervious area listed above derived? Topographic information
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANT'S
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built-upon area for each lot must be provided as an
attachment.
I. The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number__51Jg 990913 as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
2. No more than 6,000 square feet of any lot shall be covered by structures or impervious materials.
Impervious.materials.include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
Decking or the water surface of swimming pools.
3. Swales shall not be filled in,piped, or altered except as necessary to provide driveway crossings.
4. Built-upon area in excess area of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the required covenants will be binding on all parties and
persons claiming under them, that they will run the land, that the required covenants cannot be changed or
deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for
Each BMP specified for this project. Contact the Stormwater and General Permits Unit at(919) 733-5083 for the
status and availability of these forms.
Form SWU-102 Wet Detention Basin Supplement
Form SWU-102 Infiltration Basin Supplement
Form SWU-102 Low Density Supplement
Form SWU-102 Curb Outlet System Supplement
Form SWU-102 Off-Site System Supplement
Form SWU-102 Underground Infiltration Trench Supplement
Form SWU-102 Neuse River Basin Supplement
Form SWU-102 Innovative Best Management Practice Supplement
Form: SWU-I01 Version 3.99 Page 3 of

I
Only complete application packages will be accepted and reviewed by the Division of Water Quality
(NWQ)•
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
I ials
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including:
-Development/Project name
- Engineer and firm
-Legend
-North Arrow
- Scale
-Revision number and date
-Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours,proposed contours, spot elevations, finished floor elevations
-Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated,or a note on plans none exist
-Existing drainage (including off-site), drainage easements, pipe sizes,runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or
firm): Cape Fear Engineering
Mailing Address: 5040 New Centre Dr., 5uite D
City: Wilmington State: NC Zip: 28403
Phone: [phone] Fax: [phone]
VIII. APPLICANT'S CERTIFICATION
I, (print or type name ofperson listed on General Information, item 2) Sean Scanlon
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 2H .1000.
Signature: Date:
Form: SWU-101 Version 3.99 Page 4 of

Permit No. 5 LJS 99 091°L
(to be provided by DWQ
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can
be found in 15A NCAC 21-1 .1005 through .1007.
I. PROJECT INFORMATION
Project Name : SeaScape at Holden Plantation
Contact Person : Sean Scanlon Phone Number: 910-842-4939
Number ofLots: 193 Allowable Built Upon Area Per Lot*: 7,539 Sf
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon
area for each lot. The attachment must include the project name, phase, page numbers and provide area
subtotals and totals.
II. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculations in the space provided below where:
• SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor- the appropriate percent built upon area dived by 100.
• RA Road Area - the total impervious surface occupied by roadways.
• OA Other Area- the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lots - the total number of lots in the subdivision.
• BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
Form: SWU-104 Rev 3.99 Pagel of2

(SA x DF) - RA- OA = BUA
No. Lots Lots
Calculation:
(193.1 ac. x 0.25 %)— 12.83 ac. —2.04 ac. = 33.40 ac. = 0.17 ac./lot
193 193
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent on the Stormwater
Management Permit Application Form, the agent may initial below.
Applicants Initials
a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided by DWQ within 30 days of
platting and prior to sale of any lots.
C. Built upon area calculations are provided for the overall project and all lots.
d. Project conforms to low density requirements within the ORW AEC (if applicable).
[15A NCAC 2H .1007(2)(b)]
Form: SWU-104 Rev 3.99 Page 2 of

r. _ _ L11IllIbW1CM1 WUfll_Y--ttC•IjISLel. UL rxeus
Hotxrt ,7. HobinSon
Inst 032333 Book 1.347Page 305
3�
Prepared by: John A. McLendon, Jr.,,Attorney 12/1.3/1999 09:9.1pm HecN
ttorney � J
Schell Bray Aycock Abet & Livingston P.L.L.C. I
NORTH CAROLINA - BRUNSWICK COUNTY
Declaration of Protective Covenants and Easements
for
SeaScape at Holden Plantation
Phase One, Section A
THIS DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS is made
as of December Ito ilk , 1999, by SeaScape at Holden Plantation, Inc., a North Carolina
corporation ("Declarant").
WITNESSETI-I:
WHEREAS, Declarant is the owner of certain property located in Brunswick County,
North Carolina, and more particularly described as follows:
Being all of the property shown on those plats entitled Section A, Phase One,
SeaScape at Holden Plantation, and recorded in Map Cabinet li z
Pages lj�, V 14 14 Or Brunswick County Registry (the "Plats") (the
numbered lots as shown on the Plats are hereinafter referred to individually as a
"Homesite" and collectively as the "I-lomesites").
WHEREAS, the above described property has been subjected to that Master Declaration
2 of Covenants, Conditions, Restrictions and Easements recorded in Book 1247 , Page o 4 ,
Brunswick County Registry (as amended, the "Master Declaration");
WHEREAS, the Master Declaration establishes certain covenants, conditions, restrictions
and easements running with the land, including provisions setting forth certain functions and
duties of SeaScape at Holden Plantation Property Owners Association, Inc. (the "Association")
and its Architectural Control Committee (the "Architectural Control Committee"); and
WHEREAS, Declarant desires to subject said property to certain additional covenants,
conditions, restrictions and easements for the purpose of protecting the value and desirability
thereof and of other adjacent properties.
NOW, THEREFORE, Declarant hereby declares that the Homesites shall be held, sold
and conveyed subject to the following covenants, conditions, restrictions and easements, which
shall run with the land and be binding upon all parties having any right, title or interest in the
(lomesites or any part thereof, their heirs, successors and assigns, and shall inure to the benefit
of each owner thereof.
T`T _ REV'
Ica
To*fAL
RECa CK AMTLq�tA
®�. REF--�^.�• BY f
CASH U

lnst H 32333 book• 134'Waye: 306
1. Land Use and Building 'Type. The 1-lomesites shall be used for residential
purposes only, and 110 structures shall be erected or allowed to remain on any Homesite except
one detached single-family dwelling not exceeding forty (40) feet in height above the average
finished grade elevation immediately adjacent to the dwelling, a private garage for not more than
three (3) cars, porches, decks, patios, a swimming pool and not more than one outbuilding (a
detached garage is considered to be an outbuilding for purposes of this restriction). No dwelling
shall be erected or allowed to remain on any Homesite unless the construction of such dwelling
is substantially performed on the Homesite. No modular home, mobile home, manufactured
home or geodesic dome shall be erected or allowed to remain on any Homesite. No street shall
be laid out or opened across or through any Homesite. No Homesite or any structure located
thereon shall be used for the manufacture or sale of any article or for any commercial purpose
whatsoever, or for conducting any business, trade or profession that involves the coming and
going of customers or suppliers to and from the 1-fomesite; provided, however, that a Homesite
may be used for a temporary sales office and/or model with the prior written consent of
Declarant.
2. Resubdivision and Combination. No Homesite or Homesites shall be
resubdivided, combined or any boundary lines changed without the written approval of
Declarant. fit the event dial any such change is approved, the resulting Homesite or I fomesites
shall be shown on a recorded plat and the covenants, conditions, restrictions and easements set
forth herein shall apply to each resulting Homesite.
3. Architectural Control.
(a) All proposed improvements and landscaping, including any alterations or
additions, on any Homesite must be reviewed and approved by the Architectural Control
Committee. By way of illustration and not of limitation, improvements requiring approval shall
include any dwelling, outbuilding, paving, fence, wall, exterior lighting, exterior painting or
ornamental or functional exterior features (inclu(Iing flags, planters, statues, lawn ornaments,
bird feeders and bird baths, any of which ornamental or functional exterior features may he
prohibited by the Architectural Control Committee).
(b) The review and approval process shall be conducted in accordance with the Master
Declaration and the Architectural Design Standards and Guidelines adopted by the Architectural
Control Conunittee, as amended from time to time. Prior to commencement of clearing, grading
or construction, the owner shall submit an application to tie Architectural Control Committee
and it complete set of proposed construction plants including: (i) site plan showing all easements
and setbacks as shown on the Plats and the proposed locations of all impervious surfaces; (ii)
erosion control plan; (iii) clearing and grading plan; (iv) foundation plan; (v) floor plan and
elevation drawings of all sides of the proposed suucture(s); and (vi) such other information
required by the Architectural Control Committee. The Architectural Control Committee shall
have the right to require an application fee and a construction bond or deposit, as provided in
the Master Declaration.
(c) Once construction of a dwelling has been commenced, it must be completed and
ready for occupancy within twelve (12) months. All landscaping shall be finished upon
2 -

1nst 11 32333 Hook .1397Vage: 307
completion of the dwelling, weather permitting, and in no event later than one hundred twenty
(120) days after the date the dwelling is occupied. Upon written request of the owner and for
good cause shown, the Architectural Control Committee may, in its sole and absolute discretion,
extend the time for completion of construction. No dwelling shall be occupied until it has been
substantially completed in accordance with the approved plans as evidenced by a certificate of
completion issued by the Architectural Control Committee; provided that in no event shall a
certificate of completion be construed as providing any assurance regarding the quality, fitness
or suitability of design, materials or construction, or compliance thereof with any applicable
permits, building codes or other laws.
4. Dwelling Size. No dwelling shall be erected or allowed to remain on a Homesite
if the total floor area of the heated space within the roof line of the main structure, excluding
any basement, garage and one-story porches, is less than the following specified minimum for
such Homesite:
I-Iomesites 1-96 1800 square feet
IJomesites 116-121 1800 square feet
Flounesites 136-169 1500 square feet
Homesites 176-183 1800 square feet
5. Building Location and Setbacks. The Architectural Control Committee shall
have the authority to determine the specific location of any dwelling or other structure on any
Homesite; provided that no dwelling, detached garage or other outbuilding shall be erected or
allowed to remain on any Homesite nearer to any property line than the minimum setback lines
shown or described on the Plats.
6. Impervious Surface Coverage. No more than 6,000 square feet of any
Homesite, including that portion of the right-of-way between the edge of the pavement and the
front lot line, shall be covered by impervious structures, including asphalt, gravel, concrete,
brick, stone, slate or similar material, but not including wood decking or the surface of
swimming pools. No one may fill in, pipe or alter any roadside Swale, except as necessary to
provide a minimum driveway crossing. This paragraph is intended to insure continued
compliance with the storm water permit issued by the State of North Carolina and may not be
changed or deleted without the consent of the State of North Carolina.
7. Outbuildings and Pools; No Temporary Structures. No detached garage, shed,
workshop, pool house or other outbuilding shall be erected, placed or allowed to remain on any
Homesite without the prior written approval of the Architectural Control Committee and no
Homesite shall have more than one outbuilding (a detached garage is considered to be an
outbuilding for purposes of this restriction). An outbuilding must be architecturally compatible
with the dwelling located on a Homesite, as determined by the Architectural Control Committee.
No pool shall be constructed, placed or allowed to remain on any Homesite without the prior
written approval of the Architectural Control Committee. No structure of a temporary character
shall be erected, placed or allowed to remain on any Homesite, nor shall any building materials
be stored on any Homesite. No tent, camper, garage or other outbuilding shall be used as a
temporary or permanent residence.
3 -

fast q 32333 Book 1347Page: 308
8. Fences, Walls, Playground Equipment and Signs. No fence or wall shall be
erected or allowed to remain on any llomesite without the prior written approval of the
Architectural Control Committee. No chain link fences shall be approved. No dog pen or
kennel shall be erected or allowed to remain on any Homesite. All playground equipment on
any Homesite must be approved by the Architectural Control Committee and must be located
behind the rear line of the dwelling. No billboards, posters or signs of any kind shall be erected
or allowed to remain on any 1-Iomesite, except (i) a name and address sign, and (ii) a temporary
sign reflecting construction of a dwelling on such Homesite by a licensed contractor, the design
of which must be approved by the Architectural Control Committee.
9. Outside Antennas and Satellite Dishes. No outside radio or television antennas,
satellite dishes or similar devices shall be erected or allowed to remain on any llomesite, except
as permitted by the Architectural Design Standards and Guidelines adopted by the Architectural
Control Committee, as amended from time to time.
10. Boats, Trailers and Certain Motor Vehicles. No boat, watercraft, trailer, bus,
camper, motor home, recreational vehicle, commercial vehicle, or inoperative or unlicensed
vehicle shall be parked for longer than twenty-four (24) hours on any llomesite, except in a
garage with the garage door fully closed (a standard size pickup truck maintained for personal
use shall not be considered a commercial vehicle for purposes of this restriction). Violators may
have their boat, watercraft, trailer or vehicle towed by the Association at the owner's expense.
No boat, watercraft, trailer, or vehicle of any type shall be stored, either permanently or
temporarily, on any Homesite prior to completion and occupancy of the dwelling on such
llomesite.
11. Storage Receptacles. The placement, screening and maintenance of fuel storage
tanks and outdoor receptacles for garbage, trash or lawn debris shall be governed by the
Architectural Control Committee.
12. Outdoor Clothes Drying Structures. No outdoor clothes poles, clothes lines or
similar structure shall be placed or allowed to remain on any Homesite.
13. Animals; Nuisances. Dogs, cats and other household pets shall be permitted,
provided that they are not kept or maintained for commercial purposes and further provided that
they are kept and maintained in compliance with all applicable laws and ordinances and any rules
or regulations adopted by the Executive Board of the Association relating thereto. Otherwise,
no animals, livestock or fowl of any kind shall be kept or allowed to remain on any llomesite
for any purpose. No noxious, offensive or illegal activities shall be conducted upon any
llomesite nor shall anything be done on any Homesite which is a nuisance or an annoyance to
the community.
14. Removal of Trees. No living tree four (4) inches or more in diameter at four (4)
feet high from ground elevation, or any flowering tree or shrub, shall be cut without the prior
written consent of the Architectural Control Committee unless it is in the area of a Homesite
approved for construction of a structure.
4

Inst It 32333 Book 1397Page: 309
15. Maintenance of Homesites and Improvements. All Homesites shall be
maintained in a sightly condition, free of' debris, rubbish, weeds and high grass, and any
improvements on the Homesites shall be maintained in a reasonable and prudent manner, all to
a standard which is harmonious with that of other property within the development, as
determined by the Architectural Control Committee and the Executive Board of the Association
in accordance with the Master Declaration.
16. Repair or Removal of hnprovetnents. Any improvement damaged in whole or
in part by fire, windstorm or any other cause must be promptly restored or all debris removed
and the FIomesite restored to a sightly condition. Such restoration or removal of debris shall
be completed within three (3) months from the date of the casualty unless a written extension
is granted by the Architectural Control Committee.
17. Lakes and Ponds. The use of a lake or pond, or any portion thereof, located
within the property shown on the Plats is subject to rules and regulations of the Association,
which may include prohibition of' use. To the extent that all or any portion of' a lake or pond
is located within a Homesite or abutting the property line of a Homesite, the owner of such
Homesite shall be responsible for maintaining the edge and bank of such lake or pond and for
controlling erosion due to storm water runoff from within such Homesite.
18. Wells. No well shall be drilled, installed or allowed to remain on any 1-lomesite
for drinking water or other household or potable water supply purposes. A well may be
installed on a Homesite for irrigation proposes only, subject to approval of the Arcliitcctural
Control Committee
19. Easements. Declarant hereby reserves for itself, its successors and assigns: (i)
easements for utilities on all Iomesites along all property lines, measured ten (10) feet into the
Flomesite from each property line; and (ii) other easements as shown on the Plats. Such
easements shall be for the installation and maintenance of utilities across, on and under the
ground, or for other purposes as specified on the Plats, together with the right of ingress and
egress over and upon the subject property for such purposes. Easements for utilities must be
used so as to interfere as little as possible with the use of the Homesites by the owners of same.
Uses of utility easements may include, but shall not be limited to, water, sewer, electric, cable
television and telecommunications. All such easements are nonexclusive and shall be assignable,
in whole or in part, to the Association, to public utilities and to other providers of utility
services.
20. Application of Restrictions. The foregoing covenants, conditions, restrictions
and easements shall apply only to the Homesites and not to any other property now or hereafter
owned by Declarant, unless such other property is subjected to such covenants, conditions,
restrictions and easements pursuant to an instrument executed by Declarant and recorded.
21. Waiver of and Consent to Violations. Where approval authority is specifically
granted to the Architectural Control Committee herein or in the Master Declaration, the
Architectural Control Committee may waive a violation of a covenant, condition or restriction
- 5 -

• ln:,t N 32333 33o0k .134'1Page: 310
by appropriate instnmrent in writing. Otherwise, Declarant may waive any violation of the
covenants, conditions and restrictions set forth herein, or release any of the easements reserved
herein, by appropriate instrument in writing; provided that any waiver of paragraph 6 shall
require the written consent of the State of North Carolina.
22. Term. The covenants, conditions and restrictions set forth herein shall Hill with
the land and shall be binding on all owners of such property and all persons claiming under them
for a period of thirty (30) years from the date that this instrument is recorded, after which time
said covenants, conditions and restrictions shall be automatically extended for successive periods
of ten (10) years unless the owners of two-thirds (2/3) the 1-omesites shown on the Plats have
executed an instrument agreeing to terminate said covenants, conditions and restrictions in whole
or in part and such instrument is recorded. The easements reserved herein shall run with the
land and shall be binding on all owners of such property and all persons claiming under them,
except to the extent that an easement has been released by Declarant or an assignee thereof
pursuant to a recorded release. Any termination of paragraph 6 shall require the written consent
of the State of North Carolina.
23. Amendment. The covenants, conditions and restrictions (but not the easements)
set forth herein may be amended at any time by the owners of two-thirds (2/3) of the Flonnesites
shown on the Plats by the execution and recording of an amendment hereto; provided that any
such amendmeul prior to December 31 , 2020 shall require the written consent of Declarant.
Any amendment of paragraph 6 shall require the written consent of the State of North Carolina.
24. Enforcement. Lxccpt to the extent that a waiver has been duly granted as
provided herein, Declarant, the Association, their respective successors and assigns, and any
owner of a flomesite shall have the right to enforce, by a proceeding at law or in equity, all of
the covenants, conditions and restrictions set forth herein against any person or persons violating
or attempting to violate the same, either to restrain the violation or to recover damages. Failure
by any such entity or person to enforce any of the covenants, conditions or restrictions set forth
herein shall in no event be deemed a waiver of the right to do so thercaftet. The Slate of North
Carolina shall have the right to enforce paragraph 6 hereof.
25. Successors and Assigns. The rights of Declarant hereunder shall inure to the
benefit of its successors and assigns if so specified in an instrument executed by Declarant and
recorded; provided, however, that this requirement of designation in a recorded instrument shall
not apply to a mortgagee who acquires title by foreclosure or deed in lieu of foreclosure to any
property owned by Declarant and now subject to, or subject to annexation by Declarant under,
the Master Declaration.
26. Severability. Invalidation of any provision hereof shall in no way affect any of
the other provisions hereof, which shall remain in full force and effect.
[Remainder of Page Intentionally Left Blank]
6

IN WITNESS WHEREOF, Declarant has caused this instrument to be duly executed as
of the day and year first above written.
SeaScape at Bolden Plantation, Inc.
oQe�` p`r
too , `i--,, o By: lzzlll'W7�
�G—
P. '= Mar A. aun ent ,a""Nolde`
�c •�� _t*ea........,. A�•,�
%
:..• ;y SFAS �.. dam:
NORTH CAROLINA i'" . 1999
cnrta�
BRUNSWICK COUNTY
a Notary Public of said County and State,
certify that t WRK SAUND S personally came before me this day and acknowledged that
he is President o 'e EIaScape at Holden Plantation, Inc., a corporation, and that he, as
President, being authorized to do so, executed the foregoing .
on behalf of the corporation/
WITNESS my hand and official seal, this the/ day of ,L�
(Notary Seale
&'elo
Public
My Commission Expires:
S 3�aa3
1nsL # 32333 Eiook .1397Page: 311
,.launu„�i
:
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' lnst 0 32333 hook 134'll?a1Jt:: 312
Branch Banking and Trust Company, as holder of promissory notes secured by deeds of
trust on the property described in this Declaration of Protective Covenants and Easements, said
deeds of trust being recorded in Book 1293, Page 373 and Book 1340, Page 179, Brunswick
County Registry, and the undersigned substitute trustee under said deeds of trust, join in the
execution hereof for the purpose of subordinating and subjecting said deeds of trust to this
Declaration.
BRANCH BANKING AND TRUST COMPANY
q y:
:=nsm,tmt Vice President
Cw1
rL Cc
Substitute Trustee
%ROLINA II- BRUNSWICK COUNTY
I, `t aA 4. '-tN „ l , a Notary Public of said County and State, certify
that E.o ,i 3 F . Cot, 5( personally came before me this day and acknowledged
that he/she is an Assisant Vice President of BRANCH BANKING AND TRUST COMPANY,
a corporation, and that he/she as Assistant Vice President, being authorized to do so, executed
the foregoing on behalf of the corporation.
WITNESS my hand and official seal, this L day of f err11)er
h
Notary Pu is
s�A• �mmrssion Expires:
, 1f1 /
NORTH CAROLINA - BRUNSWICK COUNTY
1, L,--�A 'A ' A "S S,I ifQ a Notary Public of said County and State, certify
that '-B otae•1- 1! C ;.1. �..5f - , Substitute 'trustee, personally appeared be fore nhc
this day and acknowledged the execution of the foregoing instrument.
WITNESS my hand and official seal, this 1u'�'' day of^D2rt•r1Al 15c
(Notary Seal)'%
My Cotri3hissiov'Expires: Notary Pu is 30 aC}�I
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing(or annexed)Cerlificate(s)of NANCY E FORREST LISA H ANGLIN
Notary(ies)Public is(are)Certified to be Correct.
This Instrument was filed for Registration on this h 3hh Day of_ December 1999
in the Book and Page shown on the First Page hereof.
BI>.r�oo� r
ROBERTJ.ROMISONJ RegisterofD e N-J—

Brunswick Cotmty--Register of Deeds '
Robert J. Robinson
Inst #49913 Book 1389Page 1266
�Prepared by: lolm A. McLendon, Jr., Attorney 07/14/2000 04:39:48pra Rec# "b
Schell Bray Aycock Abel & Livingston P.L.L.C.
NORTH CAROLINA - BRUNSWICK COUNTY
Declaration of Protective Covenants and Easements
for
SeaScape at Holden Plantation
Phase One, Section B, Lots 97-115
THIS DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS is
made as of July 11 , 2000, by Seascape at Holden Plantation, Inc., a
North Carolina corporation ("Declarant").
WITNESSET14:
WHEREAS, Declarant is the owner of certain property located in Brunswick County,
North Carolina, and more particularly described as follows:
Being all of the property shown on that plat of survey for Lots 97-115,
Section B, Phase One, SeaScape at Holden Plantation, recorded in Map
Cabinet 23 , Page 117 , Brunswick County Registry (the
"Plat") (the numbered lots as shown on the Plat are hereinafter referred to
individually as a "Homesite" and collectively as the "Homesites").
WHEREAS, pursuant to an Amendment to Master Declaration executed by Declarant
and to be recorded in the Brunswick County Registry, the above described property has been
subjected to that Master Declaration of Covenants, Conditions, Restrictions and Easements
recorded in Book 1347, Page 274, Brunswick County Registry, as amended (the "Master
Declaration");
WHEREAS, the Master Declaration establishes certain covenants, conditions,
restrictions and easements running with the land, including provisions setting forth certain
functions and duties of SeaScape at Holden Plantation Property Owners Association, Inc. (the
"Association") and its Architectural Control Committee (the "Architectural Control
Committee"); and
WHEREAS, Declarant desires to subject the Homesites to certain additional covenants,
conditions, restrictions and easements for the purpose of protecting the value and desirability
thereof and of other adjacent properties.
NOW, THEREFORE, Declarant hereby declares that the Homesites shall be held, sold
and conveyed subject to the following covenants, conditions, restrictions and easements, which
shall run with the land and be binding upon all parties having any right, title or interest in the
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CASH REF- 0Y�

+ Inst I1 49913 Hook 1389Page; 1267
Homesites or any part thereof, their heirs, successors and assigns, and shall inure to the benefit
of each owner thereof.
1. Land Use and Building Type. The Homesites shall be used for residential
purposes only, and no structures shall be erected or allowed to remain on any Homesite except
one detached single-family dwelling not exceeding forty (40) feet in height above the average
finished grade elevation immediately adjacent to the dwelling, a private garage for not more
than three (3) cars, porches, decks, patios, a swimming pool and not more than one
outbuilding (a detached garage is considered to be an outbuilding for purposes of this
restriction). No dwelling shall be erected or allowed to remain on any Homesite unless the
construction of such dwelling is substantially performed on the Homesite. No modular home,
mobile home, manufactured home or geodesic dome shall be erected or allowed to remain on
any Homesite. No street shall be laid out or opened across or through any Homesite. No
Homesite or any structure located thereon shall be used for the manufacture or sale of any
article or for any commercial purpose whatsoever, or for conducting any business, trade or
profession that involves the coming and going of customers or suppliers to and from the
Homesite; provided, however, that a Homesite may be used for a temporary sales office and/or
model with die prior written consent of Declarant.
2. Resubdivision and Combination. No Homesite or Homesites shall be
resubdivided, combined or any boundary lines changed without the written approval of
Declarant. In the event that any such change is approved, the resulting Homesite or Homesites
shall be shown on a recorded plat and the covenants, conditions, restrictions and easements set
forth herein shall apply to each resulting Homesite.
3. Architectural Control.
(a) All proposed improvements and landscaping, including any alterations or
additions, on any Homesite must be reviewed and approved by the Architectural Control
Cotmrtittee. By way of illustration and not of limitation, improvements requiring approval
shall include any dwelling, outbuilding, paving, fence, wall, exterior lighting, exterior painting
or ornamental or functional exterior features (including flags, planters, statues, lawn.
ornaments, bird feeders and bird baths, any of which ornamental or functional exterior features
may be prohibited by the Architectural Control Committee).
(b) The review and approval process shall be conducted in accordance with the
Master Declaration and the Architectural Design Standards and Guidelines adopted by the
Architectural Control Committee, as amended from time to time. Prior to commencement of
clearing, grading or construction, the owner shall submit an application to the Architectural
Control Committee and a complete set of proposed construction plans including: (i) site plan
showing all easements and setbacks as shown on the Plat and the proposed locations of all
impervious surfaces; (ii) erosion control plan; (iii) clearing and grading plan; (iv) foundation
plan; (v) floor plan and elevation drawings of all sides of the proposed stfucture(s); and (vi)
such other information required by the Architectural Control Committee. The Architectural
84261-1 - 2 _

Inst Y 49913 Book 1389Page: 1268
Control Committee shall have the right to require an application fee and a construction bond or
deposit, as provided in the Master Declaration.
(c) Once construction of a dwelling has been commenced, it must be completed and
ready for occupancy within twelve (12) months. All landscaping shall be finished upon
completion of the dwelling, weather permitting, and in no event later than one hundred twenty
(120) days after the date the dwelling is occupied. Upon written request of the owner and for
good cause shown, the Architectural Control Committee may, in its sole and absolute
discretion, extend the time for completion of construction. No dwelling shall be occupied until
it has been substantially completed in accordance with the approved plans as evidenced by a
certificate of completion issued by the Architectural Control Committee; provided that in no
event shall a certificate of completion be construed as providing any assurance regarding the
quality, fitness or suitability of design, materials or construction, or compliance thereof with
any applicable permits, building codes or other laws.
4. Dwelling Size. No dwelling shall be erected or allowed to remain on a
Homesite if the total floor area of the heated space within the roof line of the main structure,
excluding any basement, garage and one-story porches, is less than the following specified
minimum for such Homesite:
Homesites 97-115 1800 square feet
5. Building Location and Setbacks. The Architectural Control Committee shall
have the authority to determine the specific location of any dwelling or other structure on any
Homesite; provided that no dwelling, detached garage or other outbuilding shall be erected or
allowed to remain on any Homesite nearer to any property line than the minimum setback lines
shown or described on the Plat.
6. Impervious Surface Coverage. No more than 6,000 square feet of any
Homesite, including that portion of the right-of-way between the edge of the pavement and the
front lot line, shall be covered by impervious structures, including asphalt, gravel, concrete,
brick, stone, slate or similar material, but not including wood decking or the surface of
swimming pools. No one may fill in, pipe or alter any roadside Swale, except as necessary to
provide a minimum driveway crossing. This paragraph is intended to insure continued
compliance with the storm water permit issued by the State of North Carolina and may not be
changed or deleted without the consent of the State of North Carolina.
7. Outbuildings and Pools; No Temporary Structures. No detached garage,
shed, workshop, pool house or other outbuilding shall be erected, placed or allowed to remain
on any Homesite without the prior written approval of the Architectural Control Committee
and no Homesite shall have more than one outbuilding (a detached garage is considered to be
an outbuilding for purposes of this restriction). An outbuilding must be architecturally
compatible with the dwelling located on a Homesite, as determined by the Architectural
Control Committee. No pool shall be constructed, placed or allowed to remain on any
Homesite without the prior written approval of the Architectural Control Committee. No
84261-1 - 3 -

Inst A 49913 Book 1389Page: 1269
structure of a temporary character shall be erected, placed or allowed to remain on any
Homesite, nor shall any building materials be stored on any Homesite. No tent, camper,
garage or other outbuilding shall be used as a temporary or permanent residence.
8. Fences, Walls, Playground Equipment and Signs. No fence or wall shall be
erected or allowed to remain on any Homesite without the prior written approval of the
Architectural Control Committee. No chain link fences shall be approved. No dog pen or
kennel shall be erected or allowed to remain on any Homesite. All playground equipment on
any Homesite must be approved by the Architectural Control Committee and must be located
behind the rear line of the dwelling. No billboards, posters or signs of any kind shall be
erected or allowed to remain on any Homesite, except (i) a name and address sign, and (ii) a
temporary sign reflecting construction of a dwelling on such Homesite by a licensed
contractor, the design of which must be approved by the Architectural Control Committee.
9. Outside Antennas and Satellite Dishes. No outside radio or television
antennas, satellite dishes or similar devices shall be erected or allowed to remain on any
Homesite, except as permitted by the Architectural Design Standards and Guidelines adopted
by the Architectural Control Committee, as amended from time to time.
10. Boats, Trailers and Certain Motor Vehicles. No boat, watercraft, trailer,
bus, camper, motor home, recreational vehicle, commercial vehicle, or inoperative or
unlicensed vehicle shall be parked for longer than twenty-four (24) hours on any Homesite,
except in a garage with the garage door fully closed (a standard size pickup truck maintained
for personal use shall not be considered a commercial vehicle for proposes of this restriction).
Violators may have their boat, watercraft, trailer or vehicle towed by the Association at the
owner's expense. No boat, watercraft, trailer, or vehicle of any type shall be stored, either
permanently or temporarily, on any Homesite prior to completion and occupancy of the
dwelling on such I-lomesite.
11. Storage Receptacles. The placement, screening and maintenance of fuel
storage tanks and outdoor receptacles for garbage, trash or lawn debris shall be governed by
the Architectural Control Conunittee.
12. Outdoor Clothes Drying Structures. No outdoor clothes poles, clothes lines
or similar structure shall be placed or allowed to remain on any Homesite.
13. Animals; Nuisances. Dogs, cats and other household pets shall be permitted,
provided that they are not kept or maintained for commercial purposes and further provided
that they are kept and maintained in compliance with all applicable laws and ordinances and
any rules or regulations adopted by the Executive Board of the Association relating thereto.
Otherwise, no animals, livestock or fowl of any kind shall be kept or allowed to remain on any
Homesite for any purpose. No noxious, offensive or illegal activities shall be conducted upon
any Homesite nor shall anything be done on any Homesite which is a nuisance or an annoyance
to the community.
84261-1 - 4 -

Inst N 49913 Book 1389Page: 1270
14. Removal of Trees. No living tree four (4) inches or more in diameter at four
(4) feet high from ground elevation, or any flowering tree or shrub, shall be cut without the
prior written consent of the Architectural Control Committee unless it is in the area of a
Iomesite approved for construction of a structure.
15. Maintenance of Homesites and Improvements. All Homesites shall be
maintained in a sightly condition, free of debris, rubbish, weeds and high grass, and any
improvements on the Homesites shall be maintained in a reasonable and prudent manner, all to
a standard which is harmonious with that of other property within the development, as
determined by the Architectural Control Committee and the Executive Board of the Association
in accordance with the Master Declaration.
16. Repair or Removal of Improvements. Any improvement damaged in whole or
in part by fire, windstorm or any other cause must be promptly restored or all debris removed
and the Homesite restored to a sightly condition. Such restoration or removal of debris shall
be completed within three (3) months from the date of the casualty unless the Architectural
Control Committee grants a written extension.
17. Lakes and Ponds. The use of a lake or pond, or any portion thereof, located
within the property shown on the Plat is subject to rules and regulations of the Association,
which may include prohibition of use. To the extent that all or any portion of a lake or pond is
located within a Homesite or abutting the property line of a Homesite, the owner of such
Homesite shall be responsible for maintaining the edge and bank of such lake or pond and for
controlling erosion due to storm water runoff from within such Homesite.
18. Wells. No well shall be drilled, installed or allowed to remain on any Homesite
for drinking water or other household or potable water supply purposes. A well may be
installed on a Homesite for irrigation purposes only, subject to approval of the Architectural
Control Committee
19. Easements. Declarant hereby reserves for itself, its successors and assigns: (i)
easements for utilities on all Homesites along all property lines, measured ten (10) feet into the
Homesite from each property line; and (ii) other easements as shown on the Plat. Such
easements shall be for the installation and maintenance of utilities across, on and under the
ground, or for other purposes as specified on the Plat, together with the right of ingress and
egress over and upon the subject property for such purposes. Easements for utilities must be
used so as not to unreasonably interfere with the use of the Homesites by the owners of same.
Uses of utility easements may include, but shall not be limited to, electric, cable television,
telecommunications, water and sewer (which may include wastewater lines or pipes from one
or more Homesites to offsite septic system drain fields). All such easements are nonexclusive
and shall be assignable, in whole or in part, to the Association, to public utilities and to other
providers of utility services.
20. Application of Restrictions. The foregoing covenants, conditions, restrictions
and easements shall apply only to the Homesites and not to any other property now or hereafter
84261-1
- 5 -

Inst 11 49913 Book 1389Page: 1271
owned by Declarant, unless such other property is subjected to such covenants, conditions,
restrictions and easements pursuant to an instrument executed by Declarant and recorded.
21. Waiver of and Consent to Violations. Where approval authority is specifically
granted to the Architectural Control Committee herein or in the Master Declaration, the
Architectural Control Committee may waive a violation of a covenant, condition or restriction
by appropriate instrument in writing. Otherwise, Declarant may waive any violation of the
covenants, conditions and restrictions set forth herein, or release any of the easements reserved
herein, by appropriate instrument in writing; provided that any waiver of paragraph 6 shall
require the written consent of the State of North Carolina.
22. Term. The covenants, conditions and restrictions set forth herein shall run with
the land and shall be binding on all owners of such property and all persons claiming under
them for a period of thirty (30) years from the date that this instrument is recorded, after which
time said covenants, conditions and restrictions shall be automatically extended for successive
periods of ten (10) years unless the owners of two-thirds (2/3) the Homesites shown on the Plat
have executed an instrument agreeing to terminate said covenants, conditions and restrictions
in whole or in part and such instrument is recorded. The easements reserved herein shall run
with the land and shall be binding on all owners of such property and all persons claiming
under them, except to the extent that an easement has been released by Declarant or an
assignee thereof pursuant to a recorded release. Any termination of paragraph 6 shall require
the written consent of the State of North Carolina.
23. Amendment. The covenants, conditions and restrictions (but not the
easements) set forth herein may be amended at any time by the owners of two-thirds (2/3) of
the Homesites shown on the Plat by the execution and recording of an amendment hereto;
provided that any such amendment prior to December 31, 2020 shall require the written
consent of Declarant Any amendment of paragraph 6 shall require the written consent of the
State of North Carolina.
24. Enforcement. Except to the extent that a waiver has been duly granted as
provided herein, Declarant, the Association, their respective successors and assigns, and any
owner of a Homesite shall have the right to enforce, by a proceeding at law or in equity, all of
the covenants, conditions and restrictions set forth herein against any person or persons
violating or attempting to violate the same, either to restrain the violation or to recover
damages. Failure by any such entity or person to enforce any of the covenants, conditions or
restrictions set forth herein shall in no event be deemed a waiver of the right to do so
thereafter. The State of North Carolina shall have the right to enforce paragraph 6 hereof.
25. Successors and Assigns. The rights of Declarant hereunder shall inure to the
benefit of its successors and assigns if so specified in an instrument executed by Declarant and
recorded; provided, however, that this requirement of designation in a recorded instrument
shall not apply to a mortgagee who acquires title by foreclosure or deed in'lieu of foreclosure
to any property owned by Declarant and now subject to, or subject to annexation by Declarant
under, the Master Declaration.
84261-1 - 6 -

Inst 8 49913 Book 1389Page: 1272
26. Severability. Invalidation of any provision hereof shall in no way affect any of
the other provisions liereof, which shall remain in full force and effect.
IN WITNESS WHEREOF, Declarant has caused this instrument to be duly executed as
of the day and year first above written.
olde ,,
QQe aaoR4l ao�•,,, Seascape at Holden Plantation, Inc.
N ` 1999 o'a By:
ryc►iza" ' Mark A. aunders, resident
",to
NORTH P
NORTH CAROLINA
BRUNSWICK COUNTY
0
I, a Notary Public of said County and State,
certify thaftsidentof
UNDE S personally came before me this day and acknowledged that
he is Precape at Holden Plantation, Inc., a corporation, and that he, as
President, being authorized to do so, executed the foregoing on behalf of the corporation.
WITNESS my hand and official seal, this the day of 20 k2�) .
(Notary Seat) [/
Notary Public
My Commission Expires:
1, ,,,
r-o D 3
t
G2 ' •... ...•'' �'
SW/CK GC
Y
84261-1 - 7 -

Inst 1 49913 Book 1389Page: 1273
Branch Banking and Trust Company, as holder of promissory notes secured by deeds of
trust on the property described in this Declaration of Protective Covenants and Easements, said
deeds of trust being recorded in Book 1293, Page 373 and Book 1340, Page 179, Brunswick
County Registry, and the undersigned substitute trustee under said deeds of trust, join in the
execution hereof for the purpose of subordinating and subjecting said deeds of trust to this
Declaration u
BRANCH BANKING AND TRUST COMPANY
By ✓ V `t�l � (c-4 ( '
14sistam Vice President
'�' InVs00�" ✓
- '—I{obr+ F. CoXdSr. , Substitute Trustee
NORTH CAROLINA- BRUNSWICK COUNTY
1, _LVI4res� S. ( e 1,S+e' , a Notary Public of said County and State, certify
that t�.b<.4 r Colo personally came before me this day and
acknowledged that he/she is an Assistant Vice President of BRANCH BANKING AND
""'TRIJ,ST COMPANY, a corporation, and that he/she as -Assistam- Vice President, being
�f4Vd to do so, executed the foregoing on behalf of the corporation.
'��c,CTg9y `VTNESS my hand and official seal, this 3t�'day of Slti� 20o-
Al
UBI(tteal)
COUH, '�, I Notary Public O
"'My Commission Expires:
NORTH CAROLINA - BRUNSWICK COUNTY
1, I V-�P re-SG, T. i2eGi5kq�a Notary Public of said County and State, certify that
IA P- C - -( , , Substitute Trustee, personally appeared before me this
„ ......day and acknowledged the execution of the foregoing instrument.
`FG
,Z4' •;`Ss WITNESS my hand and official seal, this k3l`` day of emu` , 20 oo
�OTggy\p t
A (Not y Seal)
'v UBLiG c e w¢ gyp. CSLG ey
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••,�y Notary Public
''./CK CO ,eommission Expires: 1 —!o_OS
94261-1
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing(or annexed)Certificate(s)of NANCY E FORREST, THERESA I REGISTER
Noiary(ies)Public is(are)Certified to be Correct.
This Instrument was filed for Registration on this 19th Dayof July 2000
in the Book and Page shown on the First Page hereof.

Brunswick County—Register of Deeds
Prepared by: John A. McLendon, Jr., Attorney Robert J. Robinson
Schell Bray Aycock Abel & Livingston P.L.L.C. Inst #56175 Book 1405 1I99e 974
09/27/2000 09:39:48an Rec#M?
NORTH CAROLINA - BRUNSWICK COUNTY
Declaration of Protective Covenants and Easements
for
SeaScape at Holden Plantation
Phase One, Section B, Lots 122-135
THIS DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS is
made as of September 22 , 2000, by SeaScape at Holden Plantation, Inc., a
North Carolina corporation ("Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of certain property located in Brunswick County,
North Carolina, and more particularly described as follows:
Being all of the property shown on that plat of survey for Lots 122-135,
Section B, Phase One, SeaScape at IIolden Plantation, recorded in Map
Cabinet 23 , Page 254 , Brunswick County Registry (the
"Plat") (the numbered lots as shown on the Plat are hereinafter referred to
individually as a "Homesite" and collectively as the "Iomesites").
WHEREAS, pursuant to an Amendment to Master Declaration executed by Declarant
and to be recorded in the Brunswick County Registry, the above described property has been
subjected to that Master Declaration of Covenants, Conditions, Restrictions and Easements
recorded in Book 1347, Page 274, Brunswick County Registry, as amended (the "Master
Declaration");
WHEREAS, the Master Declaration establishes certain covenants, conditions,
restrictions and easements running with the land, including provisions setting forth certain
functions and duties of SeaScape at Holden Plantation Property Owners Association, Inc. (the
"Association") and its Architectural Control Committee (the "Architectural Control
Committee"); and
WHEREAS, Declarant desires to subject the Homesites to certain additional covenants,
conditions, restrictions and easements for the purpose of protecting the value and desirability
thereof and of other adjacent properties.
NOW, THEREFORE, Declarant hereby declares that the Homesites shall be held, sold
and conveyed subject to the following covenants, conditions, restrictions and easements, which
shall run with the land and be binding upon all parties having any right, title or interest in the
RET !
TOTAL- REV TC#
87468_I.doc REC#® CK AMT
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CASH ® REF Ely

Inst $ 56175 Book 1405Page: 975
Homesites or any part thereof, their heirs, successors and assigns, and shall inure to the benefit
of each owner thereof.
1. Land Use and Building Type. The Homesites shall be used for residential
purposes only, and no structures shall be erected or allowed to remain on any Homesite except
one detached single-family dwelling not exceeding forty (40) feet in height above the average
finished grade elevation immediately adjacent to the dwelling, a private garage for not more
than three (3) cars, porches, decks, patios, a swimming pool and not more than one
outbuilding (a detached garage is considered to be an outbuilding for purposes of this
restriction). No dwelling shall be erected or allowed to remain on any Homesite unless the
construction of such dwelling is substantially performed on the Homesite. No modular home,
mobile home, manufactured home or geodesic dome shall be erected or allowed to remain on
any Homesite. No street shall be laid out or opened across or through any Homesite. No
Homesite or any structure located thereon shall be used for the manufacture or sale of any
article or for any commercial purpose whatsoever, or for conducting any business, trade or
profession that involves the coming and going of customers or suppliers to and from the
Homesite; provided, however, that a Homesite may be used for a temporary sales office and/or
model with the prior written consent of Declarant.
2. Resubdivision and Combination. No Homesite or Homesites shall be
resubdivided, combined or any boundary lines changed without the written approval of
Declarant. In the event that any such change is approved, the resulting Homesite or Homesites
shall be shown on a recorded plat and the covenants, conditions, restrictions and easements set
forth herein shall apply to each resulting Homesite.
3. Architectural Control.
(a) All proposed improvements and landscaping, including any alterations or
additions, on any Homesite must be reviewed and approved by the Architectural Control
Committee. By way of illustration and not of limitation, improvements requiring approval
shall include any dwelling, outbuilding, paving, fence, wall, exterior lighting, exterior painting
or ornamental or functional exterior features (including flags, planters, statues, lawn
ornaments, bird feeders and bird baths, any of which ornamental or functional exterior features
may be prohibited by the Architectural Control Committee).
(b) The review and approval process shall be conducted in accordance with the
Master Declaration and the Architectural Design Standards and Guidelines adopted by the
Architectural Control Committee, as amended from time to time. Prior to commencement of
clearing, grading or. construction, the owner shall submit an application to the Architectural
Control Committee and a complete set of proposed construction plans including: (i) site plan
showing all easements and setbacks as shown on the Plat and the proposed locations of all
impervious surfaces; (ii) erosion control plan; (iii) clearing and grading plan; (iv) foundation
plan; (v) floor plan and elevation drawings of all sides of the proposed structure(s); and (vi)
such other information required by the Architectural Control Committee. The Architectural
87468-Ldm - 2 -

Inst 9 56175 Book 1405Page: 976
Control Committee shall have the right to require an application fee and a construction bond or
deposit, as provided in the Master Declaration.
(c) Once construction of a dwelling has been commenced, it must be completed and
ready for occupancy within twelve (12) months. All landscaping shall be finished upon
completion of the dwelling, weather permitting, and in no event later than one hundred twenty
(120) days after the date the dwelling is occupied. Upon written request of the owner and for
good cause shown, the Architectural Control Committee may, in its sole and absolute
discretion, extend the time for completion of construction. No dwelling shall be occupied until
it has been substantially completed in accordance with the approved plans as evidenced by a
certificate of completion issued by the Architectural Control Committee; provided that in no
event shall a certificate of completion be construed as providing any assurance regarding the
quality, fitness or suitability of design, materials or construction, or compliance thereof with
any applicable permits, building codes or other laws.
4. Dwelling Size. No dwelling shall be erected or allowed to remain on a
Homesite if the total floor area of the heated space within the roof line of the main structure,
excluding any basement, garage and one-story porches, is less than the following specified
minimum for such Homesite:
Homesites 122-135 1800 square feet
5. Building Location and Setbacks. The Architectural Control Committee shall
have the authority to determine the specific location of any dwelling or other structure on any
Homesite; provided that no dwelling, detached garage or other outbuilding shall be erected or
allowed to remain on any Homesite nearer to any property line than the minimum setback lines
shown or described on the Plat.
6. Impervious Surface Coverage. No more than 6,000 square feet of any
Homesite, including that portion of the right-of-way between the edge of the pavement and the
front lot line, shall be covered by impervious structures, including asphalt, gravel, concrete,
brick, stone, slate or similar material, but not including wood decking or the surface of
swimming pools. No one may fill in, pipe or alter any roadside swale, except as necessary to
provide a minimum driveway crossing. ]'his paragraph is intended to insure continued
compliance with the storm water permit issued by the State of North Carolina and may not be
changed or deleted without the consent of the State of North Carolina.
7. Outbuildings and Pools; No Temporary Structures. No detached garage,
shed, workshop, pool house or other outbuilding shall be erected, placed or allowed to remain
on any Homesite without the prior written approval of the Architectural Control Committee
and no Homesite shall have more than one outbuilding (a detached garage is considered to be
an outbuilding for purposes of this restriction). An outbuilding must be architecturally
compatible with the dwelling located on a Homesite, as determined by the Architectural
Control Committee. No pool shall be constructed, placed or allowed to remain on any
Homesite without the prior written approval of the Architectural Control Committee. No
874e8-i.Doc - 3 -

Inst 1 56175 Book 1405Page: 977
structure of a temporary character shall be erected, placed or allowed to remain on any
Homesite, nor shall any building materials be stored on any Homesite. No tent, camper,
garage or other outbuilding shall be used as a temporary or permanent residence.
8. Fences, Walls, Playground Equipment and Signs. No fence or wall shall be
erected or allowed to remain on any Homesite without the prior written approval of the
Architectural Control Committee. No chain link fences shall be approved. No dog pen or
kennel shall be erected or allowed to remain on any Homesite. All playground equipment on
any Homesite must be approved by the Architectural Control Committee and must be located
behind the rear line of the dwelling. No billboards, posters or signs of any kind shall be
erected or allowed to remain on any Homesite, except (i) a name and address sign, and (ii) a
temporary sign reflecting construction of a dwelling on such Homesite by a licensed
contractor, the design of which must be approved by the Architectural Control Committee.
9. Outside Antennas and Satellite Dishes. No outside radio or television
antennas, satellite dishes or similar devices shall be erected or allowed to remain on any
Homesite, except as permitted by the Architectural Design Standards and Guidelines adopted
by the Architectural Control Committee, as amended from time to time.
10. Boats, Trailers and Certain Motor Vehicles. No boat, watercraft, trailer,
bus, camper, motor home, recreational vehicle, commercial vehicle, or inoperative or
unlicensed vehicle shall be parked for longer than twenty-four (24) hours on any Homesite,
except in a garage with the garage door fully closed (a standard size pickup truck maintained
for personal use shall not be considered a commercial vehicle for purposes of this restriction).
Violators may have their boat, watercraft, trailer or vehicle towed by the Association at the
owner's expense. No boat, watercraft, wailer, or vehicle of any type shall be stored, either
permanently or temporarily, on any Homesite prior to completion and occupancy of the
dwelling on such Homesite.
11. Storage Receptacles. The placement, screening and maintenance of fuel
storage tanks and outdoor receptacles for garbage, trash or lawn debris shall be governed by
the Architectural Control Committee.
12. Outdoor Clothes Drying Structures. No outdoor clothes poles, clothes lines
or similar structure shall be placed or allowed to remain on any Homesite.
13. Animals; Nuisances. Dogs, cats and other household pets shall be permitted,
provided that they are not kept or maintained for commercial purposes and further provided
that they are kept and maintained in compliance with all applicable laws and ordinances and
any rules or regulations adopted by the Executive Board of the Association relating thereto.
Otherwise, no animals, livestock or fowl of any kind shall be kept or allowed to remain on any
Homesite for any purpose. No noxious, offensive or illegal activities shall be conducted upon
any Homesite nor shall anything be done on any Homesite which is a nuisance or an annoyance
to the community.
87468—I.doc - 4 -

Inst # 56175 Book 1405Page: 978
14. Removal of Trees. No living tree four (4) inches or more in diameter at four
(4) feet high from ground elevation, or any flowering tree or shrub, shall be cut without the
prior written consent of the Architectural Control Committee unless it is in the area of a
Homesite approved for construction of a structure.
15. Maintenance of Homesites and Improvements. All Homesites shall be
maintained in a sightly condition, free of debris, rubbish, weeds and high grass, and any
improvements on the Homesites shall be maintained in a reasonable and prudent manner, all to
a standard which is harmonious with that of other property within the development, as
determined by the Architectural Control Committee and the Executive Board of the Association
in accordance with the Master Declaration.
16. Repair or Removal of Improvements. Any improvement damaged in whole or
in part by fire, windstorm or any other cause must be promptly restored or all debris removed
and the Homesite restored to a sightly condition. Such restoration or removal of debris shall
be completed within three (3) months from the date of the casualty unless the Architectural
Control Committee grants a written extension.
17. Lakes and Ponds. The use of a lake or pond, or any portion thereof, located
within the property shown on the Plat is subject to rules and regulations of the Association,
which may include prohibition of use. To the extent that all or any portion of a lake or pond is
located within a Homesite or abutting the property line of a Homesite, the owner of such
Homesite shall be responsible for maintaining the edge and bank of such lake or pond and for
controlling erosion due to storm water runoff from within such Homesite.
18. Wells. No well shall be drilled, installed or allowed to remain on any Homesite
for drinking water or other household or potable water supply purposes. A well may be
installed on a Homesite for irrigation purposes only, subject to approval of the Architectural
Control Committee
19. Easements. Declarant hereby reserves for itself, its successors and assigns: (i)
easements for utilities on all Homesites along all property lines, measured ten (10) feet into the
Homesite from each property line; and (ii) other easements as shown on the Plat. Such
easements shall be for the installation and maintenance of utilities across, on and under the
ground, or for other purposes as specified on the Plat, together with the right of ingress and
egress over and upon the subject property for such purposes. Easements for utilities must be
used so as not to unreasonably interfere with the use of the Homesites by the owners of same.
Uses of utility easements may include, but shall not be limited to, electric, cable television,
telecommunications, water and sewer (which may include wastewater lines or pipes from one
or more Homesites to offsite septic system drain fields). All such easements are nonexclusive
and shall be assignable, in whole or in part, to the Association, to public utilities and to other
providers of utility services.
a
20. Application of Restrictions. The foregoing covenants, conditions, restrictions
and easements shall apply only to the Homesites and not to any other property now or hereafter
874e8_i.doc - 5

Inst # 56175 Book 1905Page: 979
owned by Declarant, unless such other property is subjected to such covenants, conditions,
restrictions and easements pursuant to an instrument executed by Declarant and recorded.
21. Waiver of and Consent to Violations. Where approval authority is specifically
granted to the Architectural Control Committee herein or in the Master Declaration, the
Architectural Control Committee may waive a violation of a covenant, condition or restriction
by appropriate instrument in writing. Otherwise, Declarant may waive any violation of the
covenants, conditions and restrictions set forth herein, or release any of the easements reserved
herein, by appropriate instrument in writing; provided that any waiver of paragraph 6 shall
require the written consent of the State of North Carolina.
22. Term. The covenants, conditions and restrictions set forth herein shall run with
the land and shall be binding on all owners of such property and all persons claiming under
them for a period of thirty (30) years from the date that this instrument is recorded, after which
time said covenants, conditions and restrictions shall be automatically extended for successive
periods of ten (10) years urtless the owners of two-thirds (2/3) the Homesites shown on the Plat
have executed an instrument agreeing to terminate said covenants, conditions and restrictions
in whole or in part and such instrument is recorded. The easements reserved herein shall run
with the land and shall be binding on all owners of such property and all persons claiming
under them, except to the extent that an easement has been released by Declarant or an
assignee thereof pursuant to a recorded release. Any termination of paragraph 6 shall require
the written consent of the State of North Carolina.
23. Amendment. The covenants, conditions and restrictions (but not the
easements) set forth herein may be amended at any time by the owners of two-thirds (2/3) of
the Homesites shown on the Plat by the execution and recording of an amendment hereto;
provided that any such amendment prior to December 31, 2020 shall require the written
consent of Declarant. Any amendment of paragraph 6 shall require the written consent of the
State of North Carolina.
24. Enforcement. Except to the extent that a waiver has been duly granted as
provided herein, Declarant, the Association, their respective successors and assigns, and any
owner of a Homesite shall have the right to enforce, by a proceeding at law or in equity, all of
the covenants, conditions and restrictions set forth herein against any person or persons
violating or attempting to violate the same, either to restrain the violation or to recover
damages. Failure by any such entity or person to enforce any of the covenants, conditions or
restrictions set forth herein shall in no event be deemed a waiver of the right to do so
thereafter. The State of North Carolina shall have the right to enforce paragraph 6 hereof.
25. Successors and Assigns. The rights of Declarant hereunder shall inure to the
benefit of its successors and assigns if so specified in an instrument executed by Declarant and
recorded; provided, however, that this requirement of designation in a recorded instrument
shall not apply to a mortgagee who acquires title by foreclosure or deed indieu of foreclosure
to any property owned by Declarant and now subject to, or subject to annexation by Declarant
under, the Master Declaration.
874e8—u.doc - 6 -

Inst # 56175 Book 14o5Page: 980
26. Severability. Invalidation of any provision hereof shall in no way affect any of
the other provisions hereof, which shall remain in full force and effect.
IN WITNESS WHEREOF, Declarant has caused this instrument to be duly executed as
of the day and year first above written.
.`N Idenp'
... . �.
Q a,GoaPoR,�r�.fdao; Seascape at Holden Plantatio nc.
SEAL
1999 a ? '
�� . . B
E� ...... y Mark . Saunders President
NORTH CAROLINA
BRUNSWl COUNTY
I, {� a Notary Public of said County and State,
certify that RK . SAUNDER personally came before me this day and acknowledged that
he is President of eaScape at Holden Plantation, Inc., a corporation, and that he, as
President, being authorized to do so, executed the foregoing on behalf of the corporation.
WITNESS my hand and official seal, this the AV day of , 20 dD.
(Notary Seal) °^ ° n`
V E. FD " l�
otary Public
tip ^
e 0TA4 y. •i
My Commission Expires: i
6.
Y,
87468 l.dm - 7 -

Inst t 56175 Book 1905Page: 981
Branch Banking and Trust Company, as holder of promissory notes secured by deeds of
trust on the property described in this Declaration of Protective Covenants and Easements, said
deeds of trust being recorded in Book 1293, Page 373 and Book 1340, Page 179, Brunswick
County Registry, and the undersigned substitute trustee under said deeds of trust, join in the
execution hereof for the purpose of subordinating and subjecting said deeds of trust to this 4
Declaration.
BRANCH BANKING AND
/TRUST COMPANY
-Assistaet-Vice President
CY r.
Substitute Trustee
NORTH CAROLINA-BRUNSWICK COUNTY
a Notary Public of said County and State, certify
that ' o�i2.,"k 1- . L personally came before me this day and
acknowledged that he/she is an Assistant-Vice President of BRANCH BANKING AND
TRUST COMPANY, a corporation, and that he/she as Assistant Vice President, being
„auuuun,
I. 11 pzed to do so, executed the foregoing on behalf of the corporation.
IOTA 0WITNESS my hand and official seal, thisa(x day of�.e .{e y,�Irer , 20 oc
=rG ot ry Seal)
U
�•,h"/pk 00„Nft�,, — Notary Public
"w,nn Commission Expires: I-/LU�,
NORTH CAROLINA-BRUNSWICK COUNTY
I, Atrc z c,-E- iLm,sfrK, a Notary Public of said County and State, certify that
3l c%6e:rt t". ( of ,Sr , Substitute Trustee, personally appeared before me this
""'day,pnd acknowledged the execution of the foregoing instrument.
,.Pr,SP I. R, �
�b a0T s9WITNESS my hand and official seal, thiaa(oday of o p r� e e 20 a o.
A '�Nota Seal) G-
v�y� UBLIG 2<<, RAJ C't.7C U
Notary Public
'! CK CQ1�,.Lommission Expires:
87468 t.dw -8 -
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing(or annexed)Certificate(s)of NANCY E FORREST, THERESA I REGISTER
Noiary(ics)Public is(are)Certified to be Correct. 27th September
This Instrument was filed for Registration on this Day of ,2000
in the Book and Page shown on the First Page hereof.

Brunswick County--Register of Deeds
Robert J. Robinson
Prepared by: John A. McLendon, Jr., Attorney Inst #82015 Book 148213age 833
Schell Bray Aycock Abel &Livingston P.L.L.C. 07/18/2001 11-45.22am RecN�)9 pp
NORTH CAROLINA - BRUNSWICK COUNTY
Declaration of Protective Covenants and Easements
for j
Seascape at Holden Plantation
Phase One, Section C
Lots 170-175 and Lots 184-191
THIS ECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS is
made as of , 2001, by SeaScape at Holden Plantation, Inc., a North
Carolina corporat' ("Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of certain property located in Brunswick County,
North Carolina, and more particularly described as follows:
Being all of the property shown on that plat of survey for Lots 170-175,
Section C, Phase One, SeaScape at Holden Plantation, recorded in Map
Cabinet A_+, Page 3 �L7 and that plat of survey for Lots 184-
191, Section C, Phase One, SeaScape at Holden Plantation recorded in Map
Cabinet Ai , Page 3 4. o , Brunswick County Registry (said
plats are hereinafter referred to collectively as the "Plat") (the numbered lots as
shown on the Plat are hereinafter referred to individually as a "Homesite" and
collectively as the "Homesites").
WHEREAS, pursuant to an Amendment to Master Declaration executed by Declarant
and to be recorded in the Brunswick County Registry, the above described property has been
subjected to that Master Declaration of Covenants, Conditions, Restrictions and Easements
recorded in Book 1347, Page 274, Brunswick County Registry, as amended (the "Master
Declaration");
WHEREAS, the Master Declaration establishes certain covenants, conditions,
restrictions and easements running with the land, including provisions setting forth certain
functions and duties of SeaScape at Holden Plantation Property Owners Association, Inc. (the
"Association") and its Architectural Control Committee (the "Architectural Control
Committee"); and
WHEREAS, Declarant desires to subject the Homesites to certain additional covenants,
conditions, restrictions and easements for the purpose of protecting the value and desirability
thereof and of other adjacent properties. I
neT
TOTAL REV _ T
95891_1,DOC REC# �CKAMT._ CKt
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Inst # 8M15 Book 1482Page: 834
NOW, THEREFORE, Declarant hereby declares that the Homesites shall be held, sold
and conveyed subject to the following covenants, conditions, restrictions and easements, which
shall run with the land and be binding upon all parties having any right, title or interest in the
Homesites or any part thereof, their heirs, successors and assigns, and shall inure to the benefit
of each owner thereof.
I
1. Land Use and Building Type. The Homesites shall be used for residential
purposes only, and no structures shall be erected or allowed to remain on any Homesite except
one detached single-family dwelling not exceeding forty (40) feet in height above the average
finished grade elevation immediately adjacent to the dwelling, a private garage for not more
than three (3) cars, porches, decks, patios, a swimming pool and not more than one
outbuilding (a detached garage is considered to be an outbuilding for purposes of this
restriction). No dwelling shall be erected or allowed to remain on any Homesite unless the
construction of such dwelling is substantially performed on the Homesite. No modular home,
mobile home, manufactured home or geodesic dome shall be erected or allowed to remain on
any Homesite. No street shall be laid out or opened across or through any Homesite. No
Homesite or any structure located thereon shall be used for the manufacture or sale of any
article or for any commercial purpose whatsoever, or for conducting any business, trade or
profession that involves the coming and going of customers or suppliers to and from the
Homesite; provided, however, that a Homesite may be used for a temporary sales office and/or
model with the prior written consent of Declarant.
2. Resubdivision and Combination. No Homesite or Homesites shall be
resubdivided, combined or any boundary lines changed without the written approval of
Declarant. In the event that any such change is approved, the resulting Homesite or Homesites
shall be shown on a recorded plat and the covenants, conditions, restrictions and easements set
forth herein shall apply to each resulting Homesite.
3. Architectural Control.
(a) All proposed improvements and landscaping, including any alterations or
additions, on any Homesite must be reviewed and approved by the Architectural Control
Committee. By way of illustration and not of limitation, improvements requiring approval
shall include any dwelling, outbuilding, paving, fence, wall, exterior lighting, exterior painting
or ornamental or functional exterior features (including flags, planters, statues, lawn
ornaments, bird feeders and bird baths, any of which ornamental or functional exterior features
may be prohibited by the Architectural Control Committee).
(b) The review and approval process shall be conducted in accordance with the
Master Declaration and the Architectural Design Standards and Guidelines adopted by the
Architectural Control Committee, as amended from time to time. Prior to commencement of
clearing, grading or construction, the owner shall submit an application to the Architectural
Control Committee and a complete set of proposed construction plans including: (i) site plan
showing all easements and setbacks as shown on the Plat and the proposed locations of all
95891_ LnOC _ 2 _

Inst B 8201.5 Book 1482Page: 835
impervious surfaces; (ii) erosion control plan; (iii) clearing and grading plan; (iv) foundation
plan; (v) floor plan and elevation drawings of all sides of the proposed structure(s); and (vi)
such other information required by the Architectural Control Committee. The Architectural
Control Committee shall have the right to require an application fee and a construction bond or
deposit, as provided in the Master Declaration.
(c) Once construction of a dwelling has been commenced, it nhost be completed and
ready for occupancy within twelve (12) months. All landscaping shall be finished upon
completion of the dwelling, weather permitting, and in no event later than one hundred twenty
(120) days after the date the dwelling is occupied. Upon written request of the owner and for
good cause shown, the Architectural Control Committee may, in its sole and absolute
discretion, extend the time for completion of construction. No dwelling shall be occupied until
it has been substantially completed in accordance with the approved plans as evidenced by a
certificate of completion issued by the Architectural Control Committee; provided that in no
event shall a certificate of completion be construed as providing any assurance regarding the
quality, fitness or suitability of design, materials or construction, or compliance thereof with
any applicable permits, building codes or other laws.
4. Dwelling Size. No dwelling shall be erected or allowed to remain on a
Homesite if the total floor area of the heated space within the roof line of the main structure,
excluding any basement, garage and one-story porches, is less than the following specified
minimum for such Homesite:
Homesites 122-135 1800 square feet
5. Building Location and Setbacks. The Architectural Control Committee shall
have the authority to determine the specific location of any dwelling or other structure on any
Homesite; provided that no dwelling, detached garage or other outbuilding shall be erected or
allowed to remain on any Homesite nearer to any property line than the minimum setback lines
shown or described on the Plat.
6. ILnpervious Surface Coverage. No more than 6,000 square feet of any
Homesite, including that portion of the right-of-way between the edge of the pavement and the
front lot line, shall be covered by impervious structures, including asphalt, gravel, concrete,
brick, stone, slate or similar material, but not including wood decking or the surface of
swimming pools. No one may fill in, pipe or alter any roadside swale, except as necessary to
provide a minimum driveway crossing. This paragraph is intended to insure continued
compliance with the storm water permit issued by the State of North Carolina and may not be
changed or deleted without the consent of the State of North Carolina.
7. Outbuildings and Pools; No Temporary Structures. No detached garage,
shed, workshop, pool house or other outbuilding shall be erected, placed or allowed to remain
on any Homesite without the prior written approval of the Architectural Control Committee
and no Homesite shall have more than one outbuilding (a detached garage is considered to be
an outbuilding for purposes of this restriction). An outbuilding must be architecturally
95891-i.Doc - 3 -

Inst p 82015 Book 1482Page: 836
compatible with the dwelling located on a Homesite, as determined by the Architectural
Control Committee. No pool shall be constructed, placed or allowed to remain on any
Homesite without the prior written approval of the Architectural Control Committee. No
structure of a temporary character shall be erected, placed or allowed to remain on any
Homesite, nor shall any building materials be stored on any Homesite. No tent, camper,
garage or other outbuilding shall be used as a temporary or permanent residence.
I
8. Fences, Walls, Playground Equipment and Signs. No fence or wall shall be
erected or allowed to remain on any Homesite without the prior written approval of the
Architectural Control Committee. No chain link fences shall be approved. No dog pen or
kennel shall be erected or allowed to remain on any Homesite. All playground equipment on
any Homesite must be approved by the Architectural Control Committee and must be located
behind the rear line of the dwelling. No billboards, posters or signs of any kind shall be
erected or allowed to remain on any Homesite, except (i) a name and address sign, and (ii) a
temporary sign reflecting construction of a dwelling on such Homesite by a licensed
contractor, the design of which must be approved by the Architectural Control Committee.
9. Outside Antennas and Satellite Dishes. No outside radio or television
antennas, satellite dishes or similar devices shall be erected or allowed to remain on any
Homesite, except as permitted by the Architectural Design Standards and Guidelines adopted
by the Architectural Control Committee, as amended from time to time.
10. Boats, Trailers and Certain Motor Vehicles. No boat, watercraft, trailer,
bus, camper, motor home, recreational vehicle, commercial vehicle, or inoperative or
unlicensed vehicle shall be parked for longer than twenty-four (24) hours on any Homesite,
except in a garage with the garage door fully closed (a standard size pickup truck maintained
for personal use shall not be considered a commercial vehicle for purposes of this restriction).
Violators may have their boat, watercraft, trailer or vehicle towed by the Association at the
owner's expense. No boat, watercraft, trailer, or vehicle of any type shall be stored, either
permanently or temporarily, on any Homesite prior to completion and occupancy of the
dwelling on such Homesite.
11. Storage Receptacles. The placement, screening and maintenance of fuel
storage tanks and outdoor receptacles for garbage, trash or lawn debris shall be governed by
the Architectural Control Committee.
12. Outdoor Clothes Drying Structures. No outdoor clothes poles, clothes lines
or similar structure shall be placed or allowed to remain on any Homesite.
13. Animals; Nuisances. Dogs, cats and other household pets shall be permitted,
provided that they are not kept or maintained for commercial purposes and further provided
that they are kept and maintained in compliance with all applicable laws and ordinances and
any rules or regulations adopted by the Executive Board of the Association relating thereto.
Otherwise, no animals, livestock or fowl of any kind shall be kept or allowed to remain on any
Homesite for any purpose. No noxious, offensive or illegal activities shall be conducted upon
95891_i.uoc - 4 -

Inst It 82015 Book 1.48213age: 837
any Homesite nor shall anything be done on any Homesite which is a nuisance or an annoyance
to the community.
14. Removal of Trees. No living tree four (4) inches or more in diameter at four
(4) feet high from ground elevation, or any flowering tree or shrub, shall be cut without the
prior written consent of the Architectural Control Committee unless it is in the area of a
Homesite approved for construction of a structure. i
15. Maintenance of Homesites and Improvements. All Homesites shall be
maintained in a sightly condition, free of debris, rubbish, weeds and high grass, and any
improvements on the Homesites shall be maintained in a reasonable and prudent manner, all to
a standard which is harmonious with that of other property within the development, as
determined by the Architectural Control Committee and the Executive Board of the Association
in accordance with the Master Declaration.
16. Repair or Removal of Improvements. Any improvement damaged in whole or
in part by fire, windstorm or any other cause must be promptly restored or all debris removed
and the Homesite restored to a sightly condition. Such restoration or removal of debris shall
be completed within three (3) months from the date of the casualty unless the Architectural
Control Committee grants a written extension.
17. Lakes and Ponds. The use of a lake or pond, or any portion thereof, located
within the property shown on the Plat is subject to rules and regulations of the Association,
which may include prohibition of use. To the extent that all or any portion of a lake or pond is
located within a Homesite or abutting the property line of a Homesite, the owner of such
Homesite shall be responsible for maintaining the edge and bank of such lake or pond and for
controlling erosion due to storm water runoff from within such Homesite.
18. Wells. No well shall be drilled, installed or allowed to remain on any Homesite
for drinking water or other household or potable water supply purposes. A well may be
installed on a Homesite for irrigation purposes only, subject to approval of the Architectural
Control Committee
19. Easements. Declarant hereby reserves for itself, its successors and assigns: (i)
easements for utilities on all Homesites along all property lines, measured ten (10) feet into the
I-lomesite from each property line; and (ii) other easements as shown on the Plat. Such
easements shall be for the installation and maintenance of utilities across, on and under the
ground, or for other purposes as specified on the Plat, together with the right of ingress and
egress over and upon the subject property for such purposes. Easements for utilities must be
used so as not to unreasonably interfere with the use of the Homesites by the owners of same.
Uses of utility easements may include, but shall not be limited to, electric, cable television,
telecommunications, water and sewer (which may include wastewater lines or pipes from one
or more Homesites to offsite septic system drain fields). All such easements are nonexclusive
and shall be assignable, in whole or in part, to the Association, to public utilities and to other
Providers of utility services (which may include owners of Homesites with offsite drain fields).
95891_1.DOC - 5 -

Irst 4 82015 Book 1482Page: 838
20. Application of Restrictions. The foregoing covenants, conditions, restrictions
and easements shall apply only to the Homesites and not to any other property now or hereafter
owned by Declarant, unless such other property is subjected to such covenants, conditions,
restrictions and easements pursuant to an instrument executed by Declarant and recorded.
21. Waiver of and Consent to Violations. Where approval authority is specifically
granted to the Architectural Control Committee herein or in the Master Declaration, the
Architectural Control Committee may waive a violation of a covenant, condition or restriction
by appropriate instrument in writing. Otherwise, Declarant may waive any violation of the
covenants, conditions and restrictions set forth herein, or release any of the easements reserved
herein, by appropriate instrument in writing; provided that any waiver of paragraph 6 shall
require the written consent of the State of North Carolina.
22. Term. The covenants, conditions and restrictions set forth herein shall tun with
the land and shall be binding on all owners of such property and all persons claiming under
them for a period of thirty (30) years from the date that this instrument is recorded, after which
time said covenants, conditions and restrictions shall be automatically extended for successive
periods of ten (10) years unless the owners of two-thirds (2/3) the Homesites shown on the Plat
have executed an instrument agreeing to terminate said covenants, conditions and restrictions
in whole or in part and such instrument is recorded. The easements reserved herein shall tun
with the land and shall be binding on all owners of such property and all persons claiming
under them, except to the extent that an easement has been released by Declarant or an
assignee thereof pursuant to a recorded release. Any termination of paragraph 6 shall require
the written consent of the State of North Carolina.
23. Amendment. The covenants, conditions and restrictions (but not the
easements) set forth herein may be amended at any time by the owners of two-thirds (2/3) of
the Homesites shown on the Plat by the execution and recording of an amendment hereto;
provided that any such amendment prior to December 31, 2020 shall require the written
consent of Declarant_ Any amendment of paragraph 6 shall require the written consent of the
State of North Carolina.
24. Enforcement. Except to the extent that a waiver has been duly granted as
provided herein, Declarant, the Association, their respective successors and assigns, and any
owner of a Homesne shall have the right to enforce, by a proceeding at law or in equity, all of
the covenants, conditions and restrictions set forth herein against any person or persons
violating or attempting to violate the same, either to restrain the violation or to recover
damages. Failure by any such entity or person to enforce any of the covenants, conditions or
restrictions set forth herein shall in no event be deemed a waiver of the right to do so
thereafter. The State of North Carolina shall have the right to enforce paragraph 6 hereof.
25. Successors and Assigns. The rights of Declarant hereunder shall inure to the
benefit of its successors and assigns if so specified in an instrument executed by Declarant and
recorded; provided, however, that this requirement of designation in a recorded instrument
95891-i.noc - 6 -

Insu It 82015 Book 1982Page: 839
shall not apply to a mortgagee who acquires title by foreclosure or deed in lieu of foreclosure
to any property owned by Declarant and now subject to, or subject to annexation by Declarant
under, the Master Declaration.
26. Severability. Invalidation of any provision hereof shall in no way affect any of
the other provisions hereof, which shall remain in full force and effect.
I
IN WITNESS WHEREOF, Declarant has caused this instrument to be duly executed as
of the day and year first above written.
olden p� ' Seascape at Holden Plantation, Inc.
d 2 .•'OP.P OR4 •. rdG�:
d 1999 Q By:
Mark A. aunder , President
HCpa
NORTH CAROLINA
BRUNSWICK COUNTY
I, a Notary Public of said County and State,
certify that RK A. U E S ersonally came before me this day and acknowledged that
he is President of S cape at Holden Plantation, Inc., a corporation, and that he, as
President, being autho 'zed to do so, executed the foregoing on behalf of the corporation.
WITNESS my hand and official seal, this thep y of 20
61
(Notary Seal) V E. Fp
j QaOT'®R� Notary ublic
My Commission ExAA'; '�(I Ej 1G
S " — (2nO 2s111CKGO .10
95891 I.DOC _ 7 -

Inst 6 82015 Book 1482Page: 840
Branch Banking and Trust Company, as holder of promissory notes secured by deeds of
trust on the property described in this Declaration of Protective Covenants and Easements, said
deeds of trust being recorded in Book 1293, Page 373 and Book 1450, Page 895, Brunswick
County Registry, and the undersigned substitute trustee under said deeds of trust, join in the
execution hereof for the purpose of subordinating and subjecting said deeds of trust to this
Declaration.
BRANCH BANKING AND TRUST COMPANY
By: O2 A a C-�
Vice President
�F,obe.t f-. C•k T. , Substitute Trustee
NORTH CAROLINA-BRUNSWICK COUNTY
I, Regina K. Jenkins , a Notary Public of said County and State, certify
that Robert F. Cox, Jr. personally came before me this day and
acknowledged that helshe is xnxAV5isixut Vice President of BRANCH BANKING AND
TRUST COMPANY, a corporation, and that hefshec as A mixtaut Vice President, being
.„...Vri!5Yszed to do so, executed the foregoing on behalf of the corporation.
P .. .. %V
'0. .. . .. Fes%
NOTARy&-& SS my hand and official seal, this 18th day of July , 2001
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�otat seal)
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NORTH CAROLINA -BRUNSWICK COUNTY
I, _Regina K Jenkins a Notary Public of said County and State, certify that
_ Robert F. Cox, Jr. , Substitute Trustee, personally appeared before me this
d,V...Iflo acknowledged the execution of the foregoing instrument.
Wf. SS my hand and official seal, this 18th day of July , 2001
p2f �10TA�y':N� —
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STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing(or annexed)Certificate(s)of NANCY E FORREST, REGINA K JEkINS
Notary(its)Public is(are)Certified to be Correct.
This Instrument was filed for Registration on this 18th Day of Julyin the Book and Page shown on the First Page hereof. 2001
�1'

Brunswick County--Register of Deeds
Robert J. Robinson
Inst #68511 Book 1438Page 1332
03/01/2001 11.:45:59am Rec# U(P41-311
Prepared by: John A. McLendon, Jr., Attorney
Schell Bray Aycock Abel & Livingston P.L.L.C.
NORTH CAROLINA - BRUNSWICK COUNTY
Declaration of Protective Covenants and Easements
for
SeaScape at Holden Plantation
Marina Village Homesites
THIS DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS is
made as of February 28 , 2001, by SeaScape at Holden Plantation, Inc., a
North Carolina corporation ("Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of certain property located in Brunswick County,
North Carolina, and more particularly described as follows:
Being all of the property shown on those plats of survey for the Marina Village
of SeaScape at Holden Plantation, recorded in Map Cabinet 24
Pages 37 38 and 39 Brunswick County Registry
(collectively, the "Plat") (the numbered lots as shown on the Plat are hereinafter
referred to individually as a "Homesite" and collectively as the "Homesites").
WHEREAS, pursuant to an Amendment to Master Declaration executed by Declarant
and recorded in Book 39 , Page 132 , Brunswick County Registry, the above
described property has been subjected to that Master Declaration of Covenants, Conditions,
Restrictions and Easements recorded in Book 1347, Page 274, Brunswick County Registry, as
amended (the "Master Declaration");
WHEREAS, the Master Declaration establishes certain covenants, conditions,
restrictions and easements running with the land, including provisions setting forth certain
functions and duties of SeaScape at Holden Plantation Property Owners Association, Inc. (the
"Association") and its Architectural Control Committee (the "Architectural Control
Committee"); and
WHEREAS, Declarant desires to subject the Homesites to certain additional covenants,
conditions, restrictions and casements for the purpose of protecting the value and desirability
thereof and of other adjacent properties.
NOW, THEREFORE, Declarant hereby declares that the Homesites shall be held, sold
and conveyed subject to the following covenants, conditions, restrictions and easements, which
MET I
E7537 6.DOC TOTAL REV TC
REC# ,..manCKAMT CK
CASH

Tnst # 6851]. Book 1438Page: 1333
shall run with the land and be binding upon all parties having any right, title or interest in the
Homesites or any part thereof, their heirs, successors and assigns, and shall inure to the benefit
of each owner thereof.
1. Land Use and Building Type; Walkways and Piers on Waterway Homesites;
No Riparian Rights in Marina Basin or Channel.
(a) The Homesites shall be used for residential purposes only, and no structures
shall be erected or allowed to remain on any Homesite except one detached single-family
dwelling not exceeding forty (40) feet in height (measured from the center of the finished grade
at the front of the dwelling to the highest point of the roof), a private garage located on the
ground level of the dwelling, porches, decks, patios, trellises and a swimming pool; provided
that no swimming pool shall be permitted on Homesites 353-356 or Homesites 369-381. No
dwelling shall be erected or allowed to remain on any Homesite unless the construction of such
dwelling is substantially performed on the Homesite. No modular home, mobile home,
manufactured home or geodesic dome shall be erected or allowed to remain on any Homesite.
No street shall be laid out or opened across or through any Homesite. No Homesite or any
structure located thereon shall be used for the manufacture or sale of any article or for any
commercial purpose whatsoever, or for conducting any business, trade or profession that
involves the coming and going of customers or suppliers to and from the Homesite; provided,
however, that a Homesite may be used for a temporary sales office and/or model with the prior
written consent of Declarant.
(b) Piers and related improvements located on, adjacent to, or connected to any of
Homesites 339-352 and 382-383, or within the riparian access area of any such Homesite along
the Atlantic Intracoastal Waterway, shall be restricted by and subject to the provisions of a
separate Declaration of Shared Walkway and Pier Easements to be recorded in the Brunswick
County Registry after this Declaration of Protective Covenants and Basements. Except as
expressly allowed and provided for in said Declaration of Shared Walkway and Pier
Easements, no pier, dock, mooring, boatlift, boat slip or similar structure shall be erected or
allowed to remain on, adjacent to, connected to, or within the riparian access area of any such
Homesite.
(c) Declarant plans to excavate a marina basin and channel within the Proposed
Marina Basin tract shown on the Plat. Homesites located adjacent to the Proposed Marina
Basin tract are intended to be separated from the waters of the marina basin and channel by a
strip of land and shall not have riparian rights in the marina basin or channel. In the event that
any portion of any Ilomesite touches or is located within the waters of the marina basin or
channel, due to the as-built location of the marina basin bulkhead wall or due to shifting of said
wall or for any other reason, all riparian rights are hereby severed from such Homesite and
retained by Declarant, and such rights shall be appurtenant to and shall run with the title to the
Proposed Marina Basin tract. Without limiting the foregoing, the ownership of any Homesite
located adjacent to the Proposed Marina Basin tract shall not include access rights or rights to
erect piers or docks, or to moor or tie up boats, in the Proposed Marina Basin tract.
87537_6.DOC - 2 -

Inst # 6851.1, Book 1438Page: 1334
2. Resubdivision and Combination. No Homesite or Homesites shall be
resubdivided, combined or any boundary lines changed without the written approval of
Declarant. In the event that any such change is approved, the resulting Homesite or Homesites
shall be shown on a recorded plat and the covenants, conditions, restrictions and easements set
forth herein shall apply to each resulting Homesite.
3. Architectural Control.
(a) All proposed improvements and landscaping, including any alterations or
additions, on any Homesite must be reviewed and approved by the Architectural Control
Committee. By way of illustration and not of limitation, improvements requiring approval
shall include any dwelling, paving, fence, wall, walkway, exterior lighting, exterior painting
or ornamental or functional exterior features (including flags, planters, statues, lawn
ornaments, bird feeders and bird baths, any of which ornamental or functional exterior features
may be prohibited by the Architectural Control Committee). Any proposed pier, boatlift or
floating dock must be reviewed and approved by the Architectural Control Conunittee and
shall be subject to additional restrictions as hereinabove provided.
(b) The review and approval process shall be conducted in accordance with the
Master Declaration and the Architectural Design Standards and Guidelines adopted by the
Architectural Control Conunittee, as amended from time to time. Prior to commencement of
clearing, grading or construction, the owner shall submit an application to the Architectural
Control Committee and a complete set of proposed construction plans including: (i) site plan
showing all easements and setbacks as shown on the Plat, any applicable building envelope or
build-to line, and the proposed locations of the septic system (including any required repair
area) and all impervious surfaces; (ii) erosion control plan; (iii) clearing and grading plan; (iv)
foundation plan; (v) floor plan and elevation drawings of all sides of the proposed structure(s);
(vi) landscaping plan; and (vii) such other information required by the Architectural Control
Conunittee. The Architectural Control Committee shall have the right to require an application
fee and a construction bond or deposit, as provided in the Master Declaration.
(c) Once construction of a dwelling has been commenced, it must be completed and
ready for occupancy within twelve (12) months. All landscaping shall be finished upon
completion of the dwelling, weather permitting, and in no event later than one hundred twenty
(120) days after the date the dwelling is occupied. Upon written request of the owner and for
good cause shown, the Architectural Control Committee may, in its sole and absolute
discretion, extend the time for completion of construction. No dwelling shall be occupied until
it has been substantially completed in accordance with the approved plans as evidenced by a
certificate of completion issued by the Architectural Control Committee; provided that in no
event shall a certificate of completion be construed as providing any assurance regarding the
quality, fitness or suitability of design, materials or construction, or compliance thereof with
any applicable permits, building codes or other laws.
87537_6.DOC - 3 -

Inst # 68511 Book 1438page: 1335
4. Dwelling Size. No dwelling shall be erected or allowed to remain on a
Homesite if the total floor area of the heated space within the roof line of the main structure,
excluding any basement, garage and one-story porches, is less than the following specified
minimum for such Homesite:
Homesites 318-386 1,800 square feet
S. Building Location and Setbacks; Building Envelope and Build-To Line. The
Architectural Control Committee shall have the authority to determine the specific location of
any dwelling or other structure on any Homesite; provided that no dwelling shall be erected or
allowed to remain on any Homesite nearer to any property line than the minimum setback lines
shown or described on the Plat. Each Homesite shall have a building envelope, as indicated by
dashed lines on the Plat. The approximate location and dimensions of the building envelope
can be approximated using the scale on the Plat. The Architectural Control Committee shall
determine the exact location and dimensions of each building envelope. The dwelling on each
lot must be built within the building envelope as determined by the Architectural Control
Committee. If a lot has a build-to line, as set forth in a table on the Plat, .the first architectural
element on the build-to side of the dwelling (such as a facade, porch or deck) must abut the
build-to line. The Architectural Control Committee, in its discretion, shall have authority to
modify or waive the building envelopes and build-to lines.
6. Impervious Surface Coverage. Each Homesite is limited to a maximum of
5,000 square feet of built upon area. This allotted amount includes any built upon area
constructed within the Homesite boundaries, and that portion of the street right of way between
the lot line and the edge of the pavement (back of the curb). The portion of the driveway
located within the right of way is included in this allotted amount, but any sidewalk constructed
by Declarant is not included (sidewalks and streets have been allotted separately). Built upon
area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
and coquina, but does not include raised, open wood decking, or the water surface of
swinuning pools. Pilling in, piping or altering any vegetated conveyances (ditches, swales,
etc.) is prohibited, except for average driveway crossings. A thirty (30) foot vegetated buffer
must be maintained between all built upon area and the mean high water line of surface waters.
The restrictions in this paragraph are required by the stonnwater permit issued by the State of
North Carolina, Department of Environment and Natural Resources, Division of Water
Quality.
7. No Outbuildings; Pools; No Temporary Structures.
(a) No detached garage, shed, workshop, pool house or other outbuilding shall be
erected, placed or allowed to remain on any Homesite. No pool shall be constructed, placed
or allowed to remain on any Homesite without the prior written approval of the Architectural
Control Committee.
87537_6.130c - 4 -

Inst p 68511 Hook 14382age: 1336
(b) No structure of a temporary character shall be erected, placed or allowed to
remain on any Homesite, nor shall any building materials be stored on any Homesite. No tent,
camper, garage or other outbuilding shall be used as a temporary or permanent residence.
8. Fences and Walls; No Playground Equipment; Signs. No fence or wall shall
be erected or allowed to remain on any Homesite without the prior written approval of the
Architectural Control Committee. No chain link fences shall be approved. No dog pen,
kennel or playground equipment shall be erected or allowed to remain on any Homesite. No
billboards, posters or signs of any kind shall be erected or allowed to remain on any Homesite,
except (i) a name and address sign, and (ii) a temporary sign reflecting construction of a
dwelling on such Homesite by a licensed contractor, the design of which must be approved by
the Architectural Control Committee.
9. Outside Antennas and Satellite Dishes. No outside radio or television
antennas, satellite dishes or similar devices shall be erected or allowed to remain on any
Homesite, except as permitted by the Architectural Design Standards and Guidelines adopted
by the Architectural Control Committee, as amended from time to time.
10. Boats, Trailers and Certain Motor Vehicles. No boat, watercraft, trailer,
bus, camper, motor home, recreational vehicle, commercial vehicle, or inoperative or
unlicensed vehicle shall be parked for longer than twenty-four (24) hours on any Homesite,
except in the garage on the ground level of the dwelling (a standard size pickup truck
maintained for personal use shall not be considered a commercial vehicle for purposes of this
rest iction). Violators may have their boat, watercraft, trailer or vehicle towed by the
Association at the owner's expense. No boat, watercraft, trailer, or vehicle of any type shall
be stored, either permanently or temporarily, on any Homesite prior to completion and
occupancy of the dwelling on such Homesite.
ll. Storage Receptacles. The placement, screening and maintenance of fuel
storage tanks and outdoor receptacles for garbage, trash or lawn debris shall be governed by
the Architectural Control Committee.
12. Outdoor Clothes Drying Structures. No outdoor clothes poles, clothes lines
or similar structure shall be placed or allowed to remain on any Homesite.
13. Animals; Nuisances. Dogs, cats and other household pets shall be permitted,
provided that they are not kept or maintained for commercial purposes and further provided
that they are kept and maintained in compliance with all applicable laws and ordinances and
any rules or regulations adopted by the Executive Board of the Association relating thereto.
Otherwise, no animals, livestock or fowl of any kind shall be kept or allowed to remain on any
Homesite for any purpose. No noxious, offensive or illegal activities shall be conducted upon
any Homesite nor shall anything be done on any Homesite which is a nuisance or an annoyance
to the community.
975376.DOC - 5 -

Inst # 68511 Book 1,438Page: 1337
14. Removal of Trees. No living tree four (4) inches or more in diameter at four
(4) feet high from ground elevation, or any flowering tree or shrub, shall be cut without the
prior written consent of the Architectural Control Committee.
15. Maintenance of Homesites and Improvements. All Homesites shall be
maintained in a sightly condition, free of debris, rubbish, weeds and high grass, and any
improvements on the Homesites shall be maintained in a reasonable and prudent manner, all to
a standard which is harmonious with that of other property within the development, as
determined by the Architectural Control Committee and the Executive Board of the Association
in accordance with the Master Declaration.
16. Repair or Removal of Improvements. Any improvement damaged in whole or
in part by fire, windstorm or any other cause must be promptly restored or all debris removed
and the Homesite restored to a sightly condition. Such restoration or removal of debris shall
be completed within three (3) months from the date of the casualty unless the Architectural
Control Committee grants a written extension.
17. Wetlands. Homesites 339-352 and 382-383, as shown on the Plat, contain
wetlands subject to U.S. Army Corps of Engineers regulatory jurisdiction. Such wetlands are
located along or adjacent to the high water line of the Atlantic Intracoastal Waterway below the
Top Bank Line as shown on the Plat. No person or entity shall fill, grade, excavate or
perform other land disturbing activities in such jurisdictional wetlands. This covenant is
intended to ensure continued compliance with the mitigation condition of authorizations issued
by the U.S. Army Corps of Engineers, Wilmington District, Action ID No. 200001599, and
therefore may be enforced by the United States of America.
18. Wells. No well shall be drilled, installed or allowed to remain on any Homesite
for drinking water or other household or potable water supply purposes. A well may be
installed on a Homesite for irrigation purposes only, subject to approval of the Architectural
Control Committee, provided that any above ground pump or other equipment or related
structure must be completely concealed and located within the dwelling on such Homesite.
19. Easements. Declarant hereby reserves for itself, its successors and assigns:
(i) permanent easements for utilities on all fomesites along all property lines, measured ten
(10) feet into the Homesite from each property line; (ii) permanent easements on Homesites
352-356 and 369-382, within the area shown as 30' Marina Maintenance and Structural
Elements Easement on the Plat, for a bulkhead wall around the marina basin and along the
sides of the channel, together with all necessary or appropriate anchors, tiebacks and other
associated or supporting structures and equipment, and for utilities, said 30' easement being
measured from the inside (water side) edge of the marina bulkhead; (iii) permanent easements
on Homesites 352-353 and 381-382, within the area shown as 20' Access and Maintenance
Easement on the Plat, for maintenance of the marina basin, channel and bulkhead;
(iv) temporary construction easements on I-Iomesites 352-356 and 369-382 for excavation of
the marina basin and channel and construction of the bulkhead and related structures,
875376.DOC - 6 -

Inst k 6851.1 Book 1438Page: 1338
equipment and utilities, said temporary easements to expire upon completion of such
construction or December 31, 2002, whichever occurs first; and (v) other easements as shown
on the Plat or described above. Such easements shall be for the installation, maintenance and
replacement of such structures, equipment and utilities across, on and under the ground, or for
other purposes as specified on the Plat, together with the right of ingress and egress over and
upon the subject property for such purposes. Easements for utilities must be used so as not to
unreasonably interfere with the use of the Homesites by the owners of same. Uses of utility
easements may include, but shall not be limited to, electric, cable television,
telecommunications, water and sewer (which may include wastewater lines or pipes from one
or more Homesites to offsite septic system drain fields). All such easements are nonexclusive
and shall be assignable, in whole or in part, to the Association, to public utilities and to other
providers of utility services. The easements around or adjacent to the marina basin tract are
nonexclusive and shall be assignable, in whole or in part, to any owner of such tract, to the
Association, or to any marina slip owners association.
20. Application of Restrictions. The foregoing covenants, conditions, restrictions
and easements shall apply only to the Homesites and not to any other property now or hereafter
owned by Declarant, unless such other property is subjected to such covenants, conditions,
restrictions and easements pursuant to an instrument executed by Declarant and recorded.
21. Waiver of and Consent to Violations. Where approval authority is specifically
granted to the Architectural Control Committee herein or in the Master Declaration, the
Architectural Control Committee may waive a violation of a covenant, condition or restriction
by appropriate instrument in writing. Otherwise, Declarant may waive any violation of the
covenants, conditions and restrictions set to, herein, or release any of the easements reserved
herein, by appropriate instrument in writing; provided that any waiver of paragraph 6 or 17
shall require approval by an appropriate official or authority of the State of North Carolina,
and any waiver of paragraph 17 shall require the express written consent of the U.S. Army
Corps of Engineers, Wilmington District.
22. Term. The covenants, conditions and restrictions set forth herein shall tun with
the land and shall be binding on all owners of such property and all persons claiming under
them for a period of thirty (30) years from the date that this instrument is recorded, after which
time said covenants, conditions and restrictions shall be automatically extended for successive
periods of ten (10) years unless the owners of two-thirds (2/3) the Homesites shown on the Plat
have executed an instrument agreeing to terminate said covenants, conditions and restrictions
in whole or in part and such instrument is recorded. The casements reserved herein shall run
with the land and shall be binding on all owners of such property and all persons claiming
under them, except to the extent that an easement has been released by Declarant or an
assignee thereof pursuant to a recorded release. Any termination of paragraph 6 or 17 shall
require approval by an appropriate official or authority of the State of North Carolina, and and
any termination of paragraph 17 shall require the express written consent of the U.S. Army
Corps of Engineers, Wilmington District.
87517_6.DOC _ 7 -

Inst H 68511. Book 1438Page: 1339
23. Amendment. The covenants, conditions and restrictions (but not the
easements) set forth herein may be amended at any time by the owners of two-thirds (2/3) of
the Homesites shown on the Plat by the execution and recording of an amendment hereto;
provided that any such amendment prior to December 31, 2020 shall require the written
consent of Declarant. Any amendment of paragraph 6 or 17 shall require approval by an
appropriate official or authority of the State of North Carolina, and any amendment of
paragraph 17 shall require the express written consent of the U.S. Army Corps of Engineers,
Wilmington District.
24. Enforcement. Except to the extent that a waiver has been duly granted as
provided herein, Declarant, the Association, their respective successors and assigns, and any
owner of a Homesite shall have the right to enforce, by a proceeding at law or in equity, all of
the covenants, conditions and restrictions set forth herein against any person or persons
violating or attempting to violate the same, either to restrain the violation or to recover
damages. Failure by any such entity or person to enforce any of the covenants, conditions or
restrictions set forth herein shall in no event be deemed a waiver of the right to do so
thereafter. The State of North Carolina shall have the right to enforce paragraphs 6 and 17
hereof.
25. Successors and Assigns. The rights of Declarant hereunder shall inure to the _
benefit of its successors and assigns if so specified in an instrument executed by Declarant and
recorded; provided, however, that this requirement of designation in a recorded instrument
shall not apply to a mortgagee who acquires title by foreclosure or deed in lieu Of fOrCCIOSure
to any property owned by Declarant and now subject to, or subject to annexation by Declarant
under, the Master Declaration.
26. Severability. Invalidation of any provision hereof shall in no way affect any of
the other provisions hereof, which shall remain in full force and effect.
[Remainder of page Intentionally Left Blank]
87537_6.DOC _ 8 _
I

Inst N 68511 Book 1438Page: 1340
IN WITNESS WHEREOF, Declarant has caused this instrument to be duly executed as
of the day and year first abovag w,&jiten.
0
aat rloldet?"""'
�`mQe; GORE oR4r` SeaScape at Holden Plantation, Inc.
m: SEq� :• o
Em, � 1999 • �'
• ' tHCARO� By:
Mark A. S n ers, P esident
NORTH CAROLINA
BRUNSWICK COUNTY
I, a Notary Public of said County and State,
certify thaft
SAUND S personally came before me this day and acknowledged that
he is PreaScape at Holden Plantation, Inc., a corporation, and that he, as
President, being authorized to do so, executed the foregoing on behalf of the corporation.
WITNESS my hand and official seal, this06 day of 20OL.
(Notary Seal)
My Commission Expires: Notary Public
87537 6.DOC _ 9 -

1
Irst 4 68511 Book 1438Page: 1341
Branch Banking and Trust Company, as holder of promissory notes secured by deeds of
trust on the property described in this Declaration of Protective Covenants and Easements, said
deeds of trust being recorded in Book 1293, Page 373 and Book 1340, Page 179, Brunswick
County Registry, and the undersigned substitute trustee under said deeds of trust, join in the
execution hereof for the purpose of subordinating and subjecting said deeds of trust to this
Declaration.
BRANCH BANKING AND TRUST COMPANY
By:
ANA
By: V C t! C-t
Assistant-Vice President
Substitute Trustee
NORTH CAROLINA -BRUNSWICK COUNTY
I, -1rhLrt - i"'�ee�st.: , a Notary Public of said County and State, certify
that 7. c..:x SY personally came before me this day and
acknowledged that he/she is an -Assistam- Vice President of BRANCH BANKING AND
TRUST COMPANY, a corporation, and that he/she as Assistant Vice President, being
authorized to do so, executed the foregoing on behalf of the corporation.
WITNESS my hand and official seal, this�V day of N e 6 20 0(
j,piq fd yy Seal) / n
_ Notary
yay�� 0302�' t4�ission Expires: ,- (�- Public
K CO
NORTH CAROLINA-BRUNSWICK COUNTY
1,j("itr<��.r.i�e<�is+�� , a Notary Public of said County and State, certify that
t'ub 'f 1p� C-L j/ Substitute Trustee, personally appeared before me this
day and acknowledged the execution of the foregoing instrument.
WITNESS my hand and official seal, this d ynay of F- .�n.ti , 20 o i
,(axy Seal)
�.� \JOTAq y Notary Public
✓�My mmissionExpires:
jOUBLIG
Cl ;�+oboc - 10-
,STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing(or annexed)Certifrcate(s)of NANCY E PORREST, THERESA L REGISTER
Notary(ies)Public is(are)Certified to be Correct" March 2001
1st Da of
shown
This Instrument was for Registration this Y � t^ -�j—'
in the Book and Page shown on the First Page hereof.
��
` ,S.J

CAPE FEAR
,
Engineering, Inc.
r
5040 New Centre Drive,Suite D
Wilmington,N.C.28403
Voice(910) 790-8584 .+
Fax [phone] _
E-mail [e-mail]
Transmittal
To: NCDENR DATE: 8-30-99
Water Quality Section PROJECT NO: 801-01
RE: Seascape
At Holden Plantation
ATTENTION: Linda Lewis
Quantity Drawing No. Description
3 Plans, Narrative w/calculations and Application w/supplements
1 Check in the amount of$420.00
gtECEI
I C P202010
REMARKS
N
CC: Sean Scanlon C f , Inc.
File 801-01
Signed
Andy Ils, Project Manager

Design Narrative
For
SeaScape at Holden Plantation
Brunswick County, North Carolina
Prepared for
Coastal Communities, Inc.
131 Ocean Blvd. West
Holden Beach, North Carolina 28462
[phone]
CAR
SEAL
20563 j
Date: August 29`h, 1999
�'c `a, ........••�5,
SEP �Q �,010 D P`l
Prepared by
Cape Fear Engineering, Inc.
5040 New Centre Drive, Suit D
Wilmington, North Carolina 28403
[phone]

DESIGN NARRATIVE
1. GENERAL:
The project site is located off of(SRI 119) Stone Chimney road approximately '/< of a mile south
of the Stone Chimney road and Sabbath Home road intersection within Brunswick County, North
Carolina. The project site is approximately 193.1 acres. Drainage considerations are to be in
accordance with DEM stormwater requirements.
The intent of this project is to develop streets, drainage ways and a development office with
parking to support 193 single-family home sites. These home sites will be at least 15,000 sf in
area.
2. EXISTING SITE:
Site topography in the area is flat with slopes typically less than (2) percent. There are low areas
throughout the site that drains to wetlands, which will provide positive drainage for the area to
the Spring Branch and the Atlantic Intracoastal Waterway. Drainage will be routed through
vegetative swales with minimum 3:1 side slopes before entering into the existing wetlands.
Vegetation consists primarily of grasses and minor ground cover within the area of the
improvements. Subsurface soils are typically a mixture of sands, silty sands and organics.
3. PROPOSED IMPROVEMENTS:
Improvements proposed include drainage corridors for vegetative swales, streets and a
development office with parking. The drainage improvements will be roadside swales, vegetative
swales along property fines and sheet flow. The impervious coverage has been kept to a minimum
to promote infiltration.

.rCi"sw. .✓:'. f"tis '3e t�x'�ra31�.'..:�fuS4�l":.°s'.J� ,r5+,la yn+Sr..n..r4zT.OFF1CFi7USL�Nf7Y.:"w�'+'.. Aik{��i.''-ir'as"a; !u�S.''Ez"u�t�''1aatkr. `.'�S nS:C"�"F,G�rlt•%fiiefn
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION:
1. Applicant's name(specify the name of the corporation, individual, etc. who owns the project):
Coastal Communities, Inc.
2. Print Owner/Signing Official's name and title(person legally responsible for facility and compliance):
Sean Scanlon, Pro)ect Coordinator
3. Mailing Address for person listed in item 2 above:
131 Ocean Blvd. West
City: Holden Beach State: NC Zip: 28462
Telephone Number: (910 )842-4939
4. Project Name(subdivision, facility, or establishment name- should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Seascape at Holden Plantation
5. Location of Project(street address):
Stone Chimney Road (SR 1 1 1 9)
City: Holden Beach County: Brunswick
16. Directions to project(from nearest major intersection):
Approx. 3/4 of a mile south of the Sabbath home road and Stone Chimney road intersection across from the
Entrance to the Lockwood_Folly Golf Course Community
7. Latitude: N 33003'48" Longitude: W G 1 034'41 " Of project
8. Contact person who can answer questions about the project:
Name: Sean Scanlon Telephone Number: [phone]
H. PERMIT INFORMATION:
1. Specify whether project is(check one): X New Renewal Modification
Form: SWU-101 Version 3.99 Page ] of4

2. If this application is being submitted as the result of a renewal or modification to,an existing permit, list the
existing permit number And its issue date(if known)
3. Specify the type of project(check one):
X Low Density High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
CAMA Major X Sedimentation/Erosion Control 404/401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6747.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages)describing stormwater management for the project.
Roadside 5wale5 will divert drainage to vegetative 5wale5 along property lines and outlet into exi5tinq
wetland areas.
2. Stormwater runoff from this project drains to the Lumber River basin.
3. Total Project Area: 193.1 acres 4. Project Built Upon Area: 25 %
5. How many drainage basins does the project have? 1
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same formal
as below.
",BaS1R�"-IIIfOrAtSt101t.-gll y�„�,'T y`..�'_y� ';`�' ii Y'Dralnfl `e'f�te�I I4Xt.�4 r h,rl d*^Y'i�+ ��t s "r'•^X' i,WZI
�u�. ,s „1?,�}1)itaina r3>,Area�2'�
Receiving Stream Name S rin Branch
Receiving Stream Class SA
Drainage Basin Area 193. 1 ac.
Existing Impervious*Area N/A
Proposed Impervious*Area 4 1 .45 ac.
% Impervious*Area(total) 21.47 %
On-site Buildings 0.06 ac.
On-site Streets 12.83 ac.
On-site Parking 0.24 ac.
On-site Sidewalks 1 .74 ac.
Other on-site 193 lots Q GOOO 0101; = 26.55 ac.
Off site N/A
Total: 41.45 Total:
*,Impervious area is defined as the built upon area including, but not limited to, buildings, roads,parking areas,
Sidewalks,gravel areas, etc.
Form: SWU-101 Version 3.99 Page 2 of

7. How was the off-site impervious area listed above derived? Topographic information
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built-upon area for each lot must be provided as an
attachment.
1. The fallowing covenants are intended to ensure ongoing compliance with state stormwater management permit
number_ as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
2. No more than 6,000 square feet ofary lot shall be covered by structures or impervious materials.
Impervious materials include asphalt,gravel, concrete, brick, stone, slate or similar material but do not include wood
Decking or the water surface of swimming pools.
3. Swales shall not be filled in,piped, or altered except as necessary to provide driveway crossings.
4. Built-upon area in excess area of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the required covenants will be binding on all parties and
persons claiming under them, that they will run the land, that the required covenants cannot be changed or
deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for
Each BMP specified for this project. Contact the Stormwater and General Permits Unit at(919) 733-5083 for the
status and availability of these forms.
Form SWU-102 Wet Detention Basin Supplement
Form SWU-102 Infiltration Basin Supplement
Form SWU-102 Low Density Supplement
Form SWU-102 Curb Outlet System Supplement
Form SWU-102 Off-Site System Supplement
Form SWU-102 Underground Infiltration Trench Supplement
Form SWU-102 Neuse River Basin Supplement
Form SWU-102 Innovative Best Management Practice Supplement
Form: SWU-101 Version3.99 Page 3of4

Only complete application packages will be accepted and reviewed by the Division of Water Quality
(DWQ)•
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
I ' ials
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including:
-Development/Project name
- Engineer and firm
- Legend
-North Arrow
- Scale
- Revision number and date
- Mean high water line
-Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours,proposed contours, spot elevations, finished floor elevations
- Details of roads,drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans none exist
- Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations
-Drainage areas delineated
-Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf,please complete this section.
Designated agent (individual or
firm): Cape Fear Engineering
Mailing Address: 5040 New Centre Dr., Suite D
City: Wilmington State: NC Zip: 28403
Phone: [phone] Fax: [phone]
VIH. APPLICANT'S CERTIFICATION
1, (print or type name of person listed on General Information, item 2) Sean Scanlon
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 2H .1000. y
Signature: Date:
Form: SWU-101 Version 3.99 Page 4 of 4

Permit No.
(to be provided by DWQJ
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwatcr
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can
be found in 15A NCAC 2H .1005 through .1007.
I. PROJECT INFORMATION
Project Name SeaScape at Holden Plantation
Contact Person : Sean Scanlon Phone Number: 910-842-4939
Number of Lots: 193 Allowable Built Upon Area Per Lot*: 7,539 sf
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon
area for each lot. The attachment must include the project name, phase, page numbers and provide area
subtotals and totals.
11. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed .
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculations in the space provided below where:
• SA Site Area- the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor- the appropriate percent built upon area dived by 100.
• RA Road Area- the total impervious surface occupied by roadways.
• OA Other Area- the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lots - the total number of lots in the subdivision.
• BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
Form: SWU-104 Rev3.99 Pagel of2

v (SA x DF) - RA- OA = BUA
No. Lots . Lots
Calculation:
093.1 ac. x 0.25 %)— 12.83 ac —2.04 ac = 33.40 ac. = 0.17 ac./lot
193 193
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent on the Stormwater
Management Permit Application Form, the agent may initial below.
Applicants Initials
a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
_ b. Deed restriction language as required on form SW-101.shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided by DWQ within 30 days of
platting and prior to sale of any lots.
C. Built upon area calculations are provided for the overall project and all lots.
d. Project conforms to low density requirements within the ORW AEC (if applicable).
[15A NCAC 2H .1007(2)(b)]
Form: SWU-104 Rev 3.99 Page 2 of