SW8930803_Current Permit_20221028

ROY COOPER iz ,
Governor
ELIZABETH S..BISER •,44e #
Secretary +
BRIAN.WRENN NORTH CAROLINA
Director Emiromne tta(Qua( y
October 28,2022
Cape Side Property Owners Association,Inc.
Attn:Dennis Law,President
P.O.Box 12051
Wilmington,NC 28405
Subject: Permit Renewal
Post-Construction Stormwater Management Permit No.SW8 930803
Cape Side Subdivision
Brunswick County
Dear Mr.Law:
The Division of Energy,Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on October 24,2022. The Division is hereby notifying you that permit SW8930803 has been
renewed,updated,and re-issued on October 28,2022,as attached. As requested, a copy of the current operation
and maintenance agreement is also enclosed. Please be aware that the renewal and re-issuance of this stormwater
permit does not imply that the site is currently in compliance.
This permit shall be effective until June 22,2029 and does not supersede any other agency permit that may be
required. The project shall be subject to the conditions and limitations as specified therein. This permit does not
impose new or increased stormwater control requirements; it clarifies the rules and requirements of this program
to provide you with a better understanding of your obligations under this permit. Failure to comply with these
requirements will result in future compliance problems. Please note that this permit is not transferable except
after notice to and approval by the Division.
If any parts,requirements, or limitations contained in this permit are unacceptable,you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings(OAH). The
written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the
OAH within thirty(30)days of receipt of this permit. You should contact the OAH with all questions regarding
the filing fee(if a filing fee is required)and/or the details of the filing process at 6714 Mail Service Center,
Raleigh,NC 27699-6714,or via telephone at 919-431-3000,or visit their website at www.NCOAH.com.Unless
such demands arc made this permit shall be final and binding.
If you have any questions concerning this permit,please contact Ashley Smith in the Wilmington Regional
Office,at(910)796-7215 or [e-mail].
Sincerely,
W Brian Wrenn,Director
Division of Energy,Mineral and Land Resources
Enclosures: Attachment C—Permitting History
copy of the Renewal Application Documents
Copy of the current operation and maintenance agreement
DES/ams: \\\Stormwater\Permits&Projects\1993\930803 HD\2022 10 permit 930803
cc: Wilmington Regional Office Stormwater File
North Carolina Departmento€Environmental: ality I Division of Energy,Mineral and Land Resources
DEQ4 Quality
Wilmingtan Regional Office I127 Cardinal Drive Extension I Wilmington,North Carolina 28405
°gain Q" r 910.796,7215

Post-Construction Stormwater Management
Permit No. SW8 930803
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST-CONSTRUCTION STORMWATER MANAGEMENT PERMIT
OVERALL LOW DENSITY PROJECT WITH POCKETS OF HIGH DENSITY SUBDIVISION
BIORETENTION CELL DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Cape Side Property Owners Association, Inc.
Cape Side Subdivision
Old Georgetown Road(NCSR 1163), Calabash, Brunswick County
FOR THE
construction, operation and maintenance of an overall low density subdivision with a bioretention rell
to treat the collected portion of the drainage area, in compliance with the provisions of 15A NCAC 2H
.1000, effective September 1, 1995 (hereafter jointly and individually referred to as the "stormwater
rules") and as outlined in the application, approved stormwater management plans, supplement,
calculations, operation and maintenance agreement, recorded documents, specifications, and other
supporting data (the "approved plans and specifications") as attached and/or on file with and
approved by the Division of Energy, Mineral and Land Resources (the "Division" or"DEMLR"). The
project shall be constructed, operated and maintained in accordance with these approved plans and
specifications. The approved plans and specifications are incorporated by reference and are
enforceable part of this permit.
This permit shall be effective from the date of issuance until June 22, 2029 and shall be subject to the
following specified conditions and limitations. The permit issued shall continue in force and effect until
the permittee files a request with the Division for a permit modification, transfer, renewal, or
rescission; however, these actions do not stay any condition. The issuance of this permit does not
prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or
terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A
NCAC 2H.1000 and NCGS 143-215.1 et.al.
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.6 of this permit. The subdivision is permitted for 77 lots; each allowed a
maximum of 4,300 square feet of built-upon area.
3. The overall low density shall be maintained at 30% or less.
4. A portion of the subdivision has been piped, resulting in the need for an engineered system to
treat that runoff.
Page 1 of 6

Post-Construction Stormwater Management
Permit No. SW8 930803
5. Within the non-collected portion of the subdivision, no piping shall be allowed except that
minimum amount needed to drain runoff under a road for a driveway crossing.
6. The following design elements have been permitted for the bioretention basin stormwater
facility and must be provided in the system at all times:
a. Drainage Area, acres: 8.17
Onsite, ft2: 355,750
Offsite, ft2: 0
b. Total Impervious Surfaces, ft2: 146,200
Lots at 4,300 ft2: 120,400
Roads/Parking, ft2: 25,800
Other, ft2: 0
Offsite, ft2: 0
c. Basin Depth, feet: 1.30
d. TSS removal efficiency: 85%
e. Design Storm: 1.0
f. Bottom Elevation, FMSL: 25.7
g. Permitted Surface Area @Bottom, ft2: 9,435
h. Permitted Storage Volume, ft3: 12,722
i. Storage/Bypass Elevation, FMSL: 27.0
Number of Plantings
30 trees
91 shrubs
k. Receiving Stream / River Basin: UT Calabash Creek/ Lumber
I. Stream Index Number: 15-25-5
m. Classification of Water Body: "SA (>1/2 Mile)"
II. SCHEDULE OF COMPLIANCE
1. The permittee is responsible for verifying that the proposed built-upon area for the entire lot,
including driveways and sidewalks, does not exceed the allowable built-upon area. Once the
lot transfer is complete, the built-upon area may not be revised without approval from the
Division of Energy, Mineral and Land Resources, and responsibility for meeting the built-upon
area limit is transferred to the individual property owner.
2. If an Architectural Review Board or Committee is required to review plans for compliance with
the BUA limit, the plans reviewed must include all proposed built-upon area. Any approvals
given by the Board do not relieve the homeowner of the responsibility to maintain compliance
with the permitted BUA limit.
3. All stormwater collection and treatments systems must be located in either dedicated common
areas or recorded easements. The final plats for the project will be recorded showing all such
required easements, in accordance with the approved plans.
4. 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.
5. The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built-upon surface.
6. During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately.
Page 2 of 6

Post-Construction Stormwater Management
Permit No. SW8 930803
7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, the permittee shall cause a certification from an appropriate
designer for the system installed, to be submitted, certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting documentation. Any deviations from the approved plans and specifications must
be noted on the Certification. A modification may be required for those deviations.
8. If the stormwater system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to occupancy of the
facility.
9. The permittee shall at all times provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function at the design condition. The
approved Operation and Maintenance Plan must be followed in its entirely and maintenance
must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months)
b. Sediment removal
c. Mowing and revegetation of side slopes
d. Immediate repair of eroded areas
e. Maintenance of side slopes in accordance with approved plans and specifications
f. Debris removal and unclogging of structures, orifice, catch basins, and piping.
g. Access to all components of the system must be available at all times.
10. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR. The records will indicate the date, activity, name of person
performing the work and what actions were taken.
11 The facilities shall be constructed, operated and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division.
12. No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications. Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below. For changes to
the project or SCM that impact the certifications, a new or updated certification(s), as
applicable, will be required and a copy must be submitted to the appropriate DEQ regional
office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including
the SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the
project and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. Adding the option to use permeable pavement or#57 stone within the lots as a
permeable surface. The request may require a proposed amendment to the deed
restrictions and protective covenants for the subdivision to be submitted and recorded.
g. The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications.
h. Other modifications as determined by the Director.
Page 3 of 6

Post-Construction Stormwater Management
Permit No. SW8 930803
13. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 930803 as issued by the Division under
NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
c. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina.
e. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division.
f. The maximum built upon area per lot is 4,300 square feet. This allotted amount
includes any built-upon area constructed within the lot property boundaries, and that
portion of the right of way between the front lot line and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick,
stone, slate, coquina and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
g. All affected lots shall provide a 50-foot-wide buffer adjacent surface waters, measured
horizontally from and perpendicular to the normal pool of impounded structures, the top
of bank of both sides of streams and rivers, and the mean high water line of tidal
waters.
h. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in
their allowable built-upon area due to CAMA regulations.
i. All runoff on the lot must drain into the permitted system. This may be accomplished
through providing roof drain gutters which drain to the street, grading the lot to drain
toward the street, or grading perimeter swaies and directing them into the pond or
street. Lots that will naturally drain into the system are not required to provide these
measures.
j. Built-upon area in excess of the permitted amount will require a permit modification.
k. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the stormwater rules is subject
to enforcement procedures as set forth in G.S. 143 Article 21.
14. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of
the date of recording the plat, and prior to selling lots. The recorded copy must contain all the
statements above, the signature of the Permittee, the deed book number and page, and the
stamp/signature of the Register of Deeds.
15. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick,
stone, slate, coquina and parking areas, but does not include raised, open wood decking, or
the water surface of swimming pools.
III. GENERAL CONDITIONS
1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement on-site
stormwater systems. These additional or replacement measures shall receive a permit from
the Division prior to construction.
2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to
the expiration date of this permit. The renewal request must include the appropriate
application, documentation and the processing fee as outlined in Title 15A NCAC
02H.1045(3).
Page 4 of 6

Post-Construction Stormwater Management
Permit No. SW8 930803
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION.
The permittee shall submit a completed Permit Information Update Application Form to the
Division within 30 days to making any one of these changes.
4. TRANSFER. This permit is not transferable to any person or entity except after notice to and
approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This
request must be submitted within 90 days of the permit holder meeting one or more of the
following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the property
on which the permitted activity is occurring or will occur through foreclosure,
bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur, except in the case of an individual
residential lot sale that is made subject to the recorded deed restrictions and
protective covenants;
v. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2);
b. TRANSFER iNSPEC T ION. Prior to transfer of the permit, a file review and site inspection
will be conducted by Division personnel to ensure the permit conditions have been met and
that the project and the on-site stormwater system complies with the permit conditions.
Records of maintenance activities performed to date may be requested. Projects not in
compliance with the permit will not be transferred until all permit and/or general statute
conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of
this permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable recorded
documents, and specifications shall be maintained on file by the permittee at all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property
during normal business hours to inspect all components of the permitted project.
c. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions
of a stormwater management permit or the requirements of the stormwater rules is subject
to enforcement procedures as set forth in NCGS 143 Article 21.
d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an
annual certification completed by either the permittee or their designee confirming the
projects conformance with permit conditions
e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted
site does not meet one or more of the minimum requirements of the permit. Within the time
frame specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee shall provide
copies of modified plans and certification in writing to the Director that the changes have
been made.
Page 5 of 6

Post-Construction Stormwater Management
Permit No. SW8 930803
f. OTHER PERMITS. The issuance of this permit does not preclude the permittee from
complying with and obtaining any other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or ordinances,
which may be imposed by any other Local, State or Federal government agency having
jurisdiction. Any activities undertaken at this site that cause a water quality violation or
undertaken prior to receipt of the necessary permits or approvals to do so are considered
violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS
143-215.6.
Permit renewed, updated and reissued this the 28th day of October 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
gz.Bnan renn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 930803
Page 6 of 6

Attachment C-Permitting History
Cape Side Subdivision
Permit No.SW8 930803
Approval Permit Action I Bps Description of the Changes
Date I Version
8/23/1993 Original 1 0 Certificate of Compliance; Low density for Georgetown
Approval Estates to The English Group,Inc.
No version in BIMS; Low Density subdivision to
Coastal Developers,LLC; construction, operation and
maintenance of a 30% low density subdivision in
5/22/2001 Modification - compliance with the provisions of 15A NCAC 2H .1000
;Each of the 78 lots is limited to a maximum of 4,300
square feet of built-upon area, as indicated in the
approved plans
addition of the bio-retention basin to treat a collection
6/22/2007 Modification 1.1 portion of the drainage area;portion of the subdivision
has been piped so an engineered system was added to
treat the runoff
11/13/2014 Transfer 1.2 to Cape Side Property Owners Association,Inc.
to the bio-retention basin are based on restoring the
basin to original design conditions,which includes
excavating compacted, clogged soils and reestablishing
design bottom elevation, installing clean mulch,and
3/7/2019 Plan Revision 1.3 planting trees, shrubs,and grasses in the basin.Also,the
improvements include the addition of a flow-splitting
weir installed in the road side swale,designed to route
the design storm to the basin and bypass larger storms.
The swales will be excavated, graded, and stabilized in
accordance with the revised plans.
10/28/2022 Renewal 2.0 Expires June 22,2029
Page 1 of 1

Permit Number:
(to be provided by DWQ)
Drainage Area Number:
Bioretention Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected,repaired or replaced immediately. These deficiencies can affect the integrity
of structures,safety of the public,and the removal efficiency of the BMP.
Important operation and maintenance procedures:
- Immediately after the bioretention cell is established,the plants will be watered
twice weekly if needed until the plants become established (commonly six
weeks).
- Snow,mulch or any other material will NEVER be piled on the surface of the
bioretention cell.
- Heavy equipment will NEVER be driven over the bioretention cell.
- Special care will be taken to prevent sediment from entering the bioretention cell.
- Once a year, a soil test of the soil media will be conducted.
After the bioretention cell is established,I will inspect it once a month and within 24
hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal
County). Records of operation and maintenance will be kept in a known set location
and will be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element: Potential problems: How I will remediate the problem:
The entire BMP Trash/debris is present. Remove the trash/debris.
The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to
bioretention cell erosive gullies have formed. remove the gully,and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
The inlet device: pipe, The pipe is clogged(if Unclog the pipe. Dispose of the
stone verge or swale applicable). sediment off-site.
The pipe is cracked or Replace the pipe.
otherwise damaged (if
applicable).
Erosion is occurring in the Regrade the swale if necessary to
swale (if applicable). smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion.
Stone verge is clogged or Remove sediment and clogged
covered in sediment(if I stone and replace with clean stone. •
applicable). I
rECEIVE
JAN042017
Form SW401-Bioretention O&M-Rev.3 BY' Page 1 of 4

BMP element: Potential problems: How I will remediate the problem:
The pretreatment area Flow is bypassing Regrade if necessary to route all
pretreatment area and/or flow to the pretreatment area.
gullies have formed. Restabilize the area after grading.
Sediment has accumulated to Search for the source of the
a depth greater than three sediment and remedy the problem if
inches. possible. Remove the sediment and
restabilize the pretreatment area.
Erosion has occurred. Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present. Remove the weeds,preferably by
hand.
The bioretention cell: Best professional practices Prune according to best professional
vegetation show that pruning is needed practices.
to maintain optimal plant
health.
Plants are dead,diseased or Determine the source of the
dying. problem: soils,hydrology,disease,
etc. Remedy the problem and
replace plants. Provide a one-time
fertilizer application to establish the
ground cover if a soil test indicates
it is necessary.
Tree stakes/wires are present Remove tree stake/wires(which
six months after planting. can kill the tree if not removed).
The bioretention cell: Mulch is breaking down or Spot mulch if there are only random
soils and mulch has floated away. void areas. Replace whole mulch
layer if necessary. Remove the
remaining much and replace with
triple shredded hard wood mulch at
a maximum depth of three inches. _
Soils and/or mulch are Determine the extent of the clogging
clogged with sediment. -remove and replace either just the
top layers or the entire media as
needed.Dispose of the spoil in an
appropriate off-site location. Use
triple shredded hard wood mulch at
a maximum depth of three inches.
Search for the source of the
sediment and remedy the problem if
possible.
An annual soil test shows that Dolomitic lime shall be applied as
pH has dropped or heavy recommended per the soil test and
metals have accumulated in toxic soils shall be removed,
the soil media. disposed of properly and replaced
Ge C E'i E lanting media.
JAN042017
Form SW401-Bioretention O&M-Rev.3 BY: Page 2 of 4

•
BMP element: Potential problems: How I will remediate the problem:
The underdrain system Clogging has occurred. Wash out the underdrain system.
(if applicable)
The drop inlet Clogging has occurred. Clean out the drop inlet. Dispose of
the sediment off-site.
The drop inlet is damaged Repair or replace the drop inlet.
The receiving water Erosion or other signs of Contact the NC Division of Water
damage have occurred at the Quality 401 Oversight Unit at 919-
outlet. 733-1786.
flECEIVE
JAN042017
BY:
Form SW401-Bioretention O&M-Rev.3 Page 3 of 4

Permit Number:
(to be provided by DWQ)
_ I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Project name: C .pg &l a ,y "1`e .t rtj
BMP drainage area number: A" r9
Print name: C tiii T i-e
Title: - ? 2to ' r
Address: ? D. VD/C... 1a.0c-1 f a AL aR.yac-
Phone: 1-1 O P-I — ?q.t . ' S i 2
Signature: 4' (-A,,....„
Date: l j /(�
Note: The legally responsible party should not be a homeowners association unless more than 50%of
the lots have been sold and a resident of the subdivision has been named the president.
I, \ z'f\ • Sr\o\-A2 , a Notary Public for the State of
‘ C__ County of C ( , do hereby certify that
a - -, s.. . personally appeared before me this 1
day of , a i (a , and acknowledge the due execution of the
forgoing bioretention maintenance requirements. Witness my hand and official seal,
4407- • EcEivl
E JAN Q 4 2017
s . ,s
seed Ca 11
le P BY:..
SEAL
My commission expires } .O2
Form SW401-Bioretention.l&M-Rev.2 Page 4 of 4

•
Permit Name: SLR q 303o 3
(to be provided by DWQ)
Drainage Area Number:
Grassed Swale Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected,repaired or replaced immediately. These deficiencies can affect the integrity
of structures,safety of the public,and the removal efficiency of the BMP.
Important maintenance procedures:
- The drainage area of the grassed swale will be carefully managed to reduce the
sediment load to the grassed swale.
- After the first-time fertilization to establish the grass in the swale,fertilizer will
not be applied to the grassed swale.
The grassed swale will be inspected once a quarter. Records of operation and
maintenance will be kept in a known set location and will be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element: Potential problem: How I will remediate the problem:
The entire length of the Trash/debris is present. Remove the trash/debris.
swale
Areas of bare soil and/or Regrade the soil if necessary to
erosive gullies have formed. remove the gully,and then re-sod
(or plant with other appropriate
species)and water until established.
Provide lime and a one-time
fertilizer application.
Sediment covers the grass at Remove sediment and dispose in an
the bottom of the swale. area that will not impact streams or
BMPs. Re-sod if necessary.
Vegetation is too short or too Maintain vegetation at a height of
long. approximately six inches.
The receiving water Erosion or other signs of Contact the NC Division of Water
damage have occurred at the Quality 401 Oversight Unit at 919-
outlet. 733-1786.
ECEIVE
Ei NOV 1320% 1)
BY:
Form SW401-Grassed Swale O&M-Rev.3 Page 1 of 2

Permit Number:
(to be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Project name: `'fie SId�e Sv1,�iv+yrj✓1
BMP drainage area number:
Print name: V►ij\ D awe
Title: I - qr.:is ASSOC-.
Address: rR) 1- tcy.. 1 t 1‘\1'Ui+��f1 NO 2 Cj
Phone: qtO- , - 301a'
Signature: �l� '
Date: 10( v
Note: The legally responsible party should not be a homeowners association unless more than 50%of
the lots have been sold and a resident of the subdivision has been named the president.
CArI, t/',�✓k h e4r / liffrt i4 , a Notary Public for the State of
n d d'U C t� Countyof
/V 0 /ref.) �C!g d r/er/, do hereby certify that
P4 t^, ( 9 Tot v'✓e f--f personally appeared before me this 2 g7 h
day of dr , ,and acknowledge the due execution of the
forgoing grassed swale maintenance requirements. Witness my hand and official seal,
CHRISTOPHER MANNING I
NOTARY PUBLIC
NEW HANOVER COUNTY,NC
My Commission Expires 6-13-2017 1
SEAL
My commission expires 6 - 13 - ° / 7
ilt
Nov 13 2014
BY:
Form SW401-Grassed Swale O&M-Rev.3 Page 2 of 2

DE
MLK USt ONLY
Date Re ived Fee Paid Permit Number
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398(SB 781)
Section 60.(c). This application form is for permit renewals only.
A. PROJECT INFORMATION
1. State Stormwater Permit Number: SW8 930803
2. Project name: Cape Side Property Owners Association INC
3. Project street address: Old Georgetown Road(NCSR 1163)
City: Calabash County: Brunswick ZIP :
28468
4. What, if any, changes have been made to the project as permitted? None
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at: https://deq.nc.gov/about/divisions/energy-
mineral-land-resources/energy-mineral-land-rules/stormwater-program/Most-construction.
B. PERMITTEE INFORMATION
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at: https://deq.nc.gov/about/divisions/energy-mineral-land-
resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not
automatically transfer with the sale of the property.
1. Current Permit Holder's Company Name/Organization: Cape Side Property Owners Association
2. Signing Official's Name: Dennis Law
3. Signing Official's Title: Board President
4. Mailing Address: PO Box 12051
City: Wilmington State: NC ZIP :
28405
5. Street Address: 1985 Eastwood Rd Suite 102
City: Wilmington State: NC ZIP
28403
6. Phone: [phone] Email: teriftrerniermanagementnc.com
ECEIVE
OCT 2 4 2022 I)
BY:
Stormwater Permit Renewal Form Page 1 of 3 May 11,2018

SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters)or DEMLR
Central Office(Urbanizing Areas Ph 2, USMP, Non-Coastal HQW/ORV1O. Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial each item below to indicate that the required information is provided in the application package:
1. A permit application processing fee of$505.00 payable to NCDEQ.
2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation—a principle executive officer of at least the level of vice-president;
b. Limited Liability Company (LLC)—a manager or company official as those terms are defined
in G.S. 57D"North Carolina Limited Liability Company Act;"
c. Public Entity—a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership—the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a—e above authorizing the
signature of another entity.
3. One hard copy and one electronic copy of recorded documents required by the original permit that
have not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
(4. � 4. O&M Agreements, Please select one:
❑ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit; or
►� I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to keep this on file with the permit.
5. Designer Certifications, Please select one:
® A copy of the certification(s)confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certification(s)confirming that the project was huilt in accordance with the
approved plans are enclosed; or
❑ The project has not yet been built.
6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
7. [IF APPLICABLE]When the permittee is a corporation or a limited liability corporation (LLC):
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C.2 per 15A NCAC 2H. 1043(3)(b).
https://www.sosnc.gov/online services/search/by title/ Business Registration
flECEIVE
OCT 2 4 2022
BY:
Stormwater Permit Renewal Application Form Page 2 of 3 May 11,2018

D. PERMITTEE'S CERTIFICATION
I, 'jeit1 tiS is 1.i'11.4) , the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M Agreement on site(or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built-upon area and to submit the proper forms to modify or transfer the permit prior tc any changes to the
project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my
knowledge, correct and complete.
Signature: Date: c//e/zo 2-
NOTARIZATION:
I, C/Ara E LA-kit Fatzb , a Notary Public for the State of
WOQTH C Ag.O a wJn , County of WSW 14A-IrVEI , do hereby certify
that 1)s-mars personally appeared before me
this the % $", day of Au&uST , 20 22 , and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal,
CARRIE LANKFORD
Notary Public
�y'jjv 1---a lorth Carolina
-g`'` New Hanover County
Notary Signature: ( .iavA. '*._„
My commission expires (Y\ 2' ZoZ3
flECEIVE
OCT 24 2022
BY:
Stormwater Permit Renewal Application Form Page 3 of 3 pP 9 May 11,2018

State Stormwater Management
Cape Side Subdivision Permit No. SW8 930803
Stormwater Permit No. SW8 930803
Brunswick County
Designer's Certification
i, Richard A. Moore , as a duly registered Professional Engineer in the
State of North Carolina, having been authorized to observe riodica1t /weekly/full time) the
construction of the project, J
Cape Side Subdivision
(Project)
for Cape Side Property Owner's Association (Project Owner) hereby state that, to the best
of my abilities, due care and diligence was used in the observation of the project construction
such.that the construction was observed to be built within substantial compliance and intent
of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
*Many of the checklist items are not applicable since this modification was for repairs to a previously permitted,installed and certifies
bioretention area. No certification to the collection system,drainage areas,or installed BUA are made or implied herein.
*Vegetation is being re-established on the ditch and embankment slopes.Some of the plantings have died as a result of high wind
and rains associated with Hurricane Florence.These'are currently being addressed as maintenance items.
*Some maintenance cleaning of sediment may be required to re-establish the 1.3'storage depth. Measurements prior to Hurricane
Florence indicated adequate depth was provided. However high groundwater elevations post-Florence made measurement in the
center of the bioretenti• area • fi I�lt.It appears as though adequate depth is still provided.S
EAL
Signature �� --
Registration mber 025503 ARp
10/17/2018 '`,` �(y l].s," '1
Date
- = SEAL
0255031 " lP I
%:ii� , GIN • �`$
CC: NCDEQ-DEMLR Regional Office '',,HHuin«'t,
Brunswick County Building Inspections
Page 1 of 2

Permit No. SW8 930803
General Certification Requirements:
isVA_1. The drainage area to the system contains approximately the permitted acreage.
0 ,2. The drainage area to the system contains no more than the permitted amount of built-
upon area.
4._3. All the built-upon area associated with the project is graded such that the runoff drains
to the system.
lakei. All roof drains are located such that the runoff is directed into the system.
t65. All slopes are grassed with permanent vegetation.
. Vegetated slopes are no steeper than 3:1:
s
7. The inlets are located per the approved plans and do not cause short-circuiting of the
system.
48. The permitted amounts of surface area and/or volume have been provided,
9. All required design depths are provided.
10. AU required parts of the sys em are provided.
��944111. The required dimensions of the system are provided, per the approved plan.
2#4,12. All components of the stormwater control measure are located in either recorded
common areas, or recorded easements.
Page 2 of 2

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STATE OF NORTH CAROLINA IECLARATION OF RESTRICTIONS
AND
41
PROTECTIVE COVENANTS
FOR
COUNTY OF BRUNSWICK -
- 7ci' M APE SIDE SUBDIVISION
- �.- Gf71
+- Juts
THIS DECLARATION is made thisZSDay of Mc h,2001,by Coastal Developers,LLC,a
North Carolina Limited Liability Company hereinafter called"Declarant".
REGITALS
The Declarant is the owner of.4 real-.roper4Ik"C h,T Brunswick County,North
Carolina,which is more particul 'describe:,:;exhibit" 1?%+L; hereto and made a part
hereof by reference. 4
The Declarant proposes to create on such property a subdivision("the Properties"),containing
Lots for single family detached houses.
The Declarant wishes to accomplish 0 following objectives for its benefit and the benefit of
Owners of property in the Properties*the imposit�n of the covenants„restrictions and
easements set forth herein: E ftzti,,, �Q��G
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(a)To maintain the value and the residentialcbcter and integrity of the Properties,
(b)To insure the attractiveness of the Properties and to prevent any impairment therof,
(c)'1`o preserve,protect and enhance the quality and value of the natural amenities of the
Properties, ti'D
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(d)To minimize or eliminate •,;lossibi of any disruptions of the peace and
tranquility of the residential en t nment of t ) operties,
(e)To provide for the maintenance and upkeep of the property in the Properties,
(f)To prevent the abuse or unwarranted alteration of the trees,vegetation,streams,marshes
and other bodies of water and natural character of the land in the Properties,
(g)To prevent any property Owner.:'e-.y other persons from building or carrying on any
other activity in the Properties to - 'triment of ywners of property in the Properties,and
(h)To keep property values the Properti stable anatiVitate of reasonable
appreciation.
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The Declarant wishes to maintain design and location criteria,construction specifications—and
other controls to assure attainment of the foregoing objectives,and has established an
architectural review board to which all p and drawings for proposed construction within the
properties must be submitted and frotliich writt • :.proval must be received for such plans
and drawings prior to the start of a} onstnction �1l,�1; 2 7 r1��o,as is more fully set forth
hereinbelow. :j�'
The Declarant has deemed it desirable for the efficient preservation of the value and amenities
in the Properties to create an association to which should be delegated and assigned the powers
of owning,maintaining,and administering the community properties,administering and
enforcing the covenants and restrictions,collecting and disbursing the assessments and charges
hereinafter created,and promoting the reation,health,safety,and welfare of the residents,
The Declarant has incorporated der the4,;ws of .;!-Ty FI,orth Carolina a nonprofit
corporation known as CAPE SII Homeowner' d sociation, ? e Association")for the
purpose of exercising the aforesaid functions,amoii*others.
DECLARATION:
NOW THEREFORE,the Declarant hereby declares that all of the Property described in
Exhibit"A"shall be held,mortgaged, sferred,sold,conveyed,leased,occupied and used
subordinate and subject to the folio. easements[_;v t' lions,covenants and conditions which
are hereby imposed for the purpo f prong the v: Fp T.Z,, rbility of these lands and
which restrictions,easements,eniiditions,and . is shall tou 'Lind concern and run with
title to the real property subjected to this Declaratio'and which shall be binding on all parties
having any right,title or interest in these described lands or any portion of them. This instrument
also binds the respective heirs,devisees,fiduciary representatives,successors,successors in title
and/or assigns,and shall inure to the benefit of anyone or anything who/which purchases or takes
any interest in real property within the lands subject to this Declaration.
AR .4 I.-DEFIlMialt?
The following words and terirs when used i Declarations Any supplemental
Declarations(unless the context shall clearly indica''e otherwise)shall have the following
meanings:
Section 1. "Annual Assessment"shall mean an equal assessment established by the Board of
Directors of the Association,for the c., ,on expenses as provided for herein or for the purpose
of promoting the recreation,commolk7 fit,and enjoyment of the Owners and occupants of all
Lots.
l'°67c
Section 2, "Association"sill mean and CAPE SIDE Io
re . meowners Association,Inc.,
a North Carolina nonprofit corporation,its successors and assigns.
2
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Section 3. "Common Area"shall mean the real property owned by the Association for the
common use and enjoyment of the Owners. The Common Area owned by the Association shall
include(but shall not necessarily be limj to)certain open areas as conveyed by the Declarant.
Section 4. "Declarant"shall m and refer to Go 'r rt ers,L.L.C.its successors and
assigns.
Section 5. "Designated Builder"shall mean any person,firm,corporation,partnership,or
other legal entity that is so designated by the Developer.
section 6. "Eligible Mortgagee"refers to an institutional lender holding a mortgage or deed
of trust("Mortgage)encumbering a Lots -t has notified the Association in writing of its status,
stating both its name and address an to address o%,�j� ;its Mortgages encumbers,and
requesting all rights wider the Asiation' verning . Ind o
Declaration.
Section 7. "Living Space"shall mean and referiii heated and cooled enclosed and covered
areas within a residence on a Lot,exclusive of garages, unenclosed porches,porte-cocheres,
carports,breeze ways,terraces,balconies,decks,patios,courtyards,greenhouses,atriums,bulk
storage areas,attics and basements.
Section 8. "Lot"shall mean and to any plot of land regardless of size appearing on a
recorded subdivision map of the P :' 'es which ',\,,`. a •ved by Declarant as required by
this Declaration(with the exce,,,,: of any'u••,•on Ar• 3 ,,= - a shall be undeveloped or
shall contain one Residence, In a,e event any increased or•e : •by resubdivision,the
same shall nevertheless be and remain a Lot for the proposes of this Declaration. This definition
shall not imply,however,that a Lot may be subdivided if prohibited elsewhere in this
Declaration. In the event that an Owner desires to combine two(2)or more adjoining Lots for
the purpose of constructing and maintaining a single Residence thereon,the resulting combined
Lots shall from that date forward be decied one Lot for the purposes of this Declaration.
Section 9. "Member"shall mend refer to e . %',, k•n or entity who holds membership in
the Association,as provided by s Declar and in CI'*•" t d
c)
Section 10. "Owner"shall mean and refer to the record owner,whether one or more persons
or entities,of the fee simple title to any Lot which is part of the Properties,including contract
sellers,but excluding those having such interests merely as security for the performance of an
obligation.
Section 11. "Properties"shall m';;'`vend refer t$nthe real property as described in Article II,
Section 1 hereof,and any additio + ereto.as are di`�y'= r.me subject to this Declaration and
brought within the jurisdiction Asso "; w
•n under the -.t u s of Article II hereof.
Section 12. "Residence"shall mean and refer to the improvements to a lot in the form of a
3
•

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Ti .# 80280 Hoo! l77Pdge: 1]1
single family dwelling. Residence may,for the purposes of this Declaration,be referenced as
building,structure,or home being constructed on any Lot within the Properties.
Section 13, "Setback"or"Buildin; etback"shail ean and refer to an area along the
boundary of a Lot where no build' r otheF,itructumpitg,zreof,shall be permitted without
the express written permission o e Associafl ,
Section 14. "Special Assessment"shall mean and refer to any assessment levied by the
Association in addition to the"Annual Assessment"as provided for herein.
Section 15. "Subsequent Amendment"shall mean an amendment to this Declaration which
adds property to this Declaration and ns it subject to the Declaration. Such Subsequent
Amendment may,but is not required,;impose, or by reference,additional restrictions
and obligations on the land submOit by thubseq nt to the provisions of this
Declaration. `"
ARTICLE II.-PROPERTY SUBJECT TO THIS DECLARATION
AND JURISDICTION OF CAPE SIDE HOMEOWNERS ASSOCIATION INC.
The real property which is and shall hf held,transferred,sold,conveyed, and/or occupied
subject to this Declaration,and withinjurisdiction of the Association is located in Brunswick
County,North Carolina,and more cularly desattlimil,j.p the attached Exhibit"A".
C' `'�"i- 4l, rF
ARTICLE III.AfEMBERS "ri�zf ND VOTING '4 Si FITS
Section 1, Every Owner of a Lot which is subject to assessment shall be a member of the
Association. Membership shall be appurtenant to and may not be separated from ownership of
any Lot which is subject to assessment.
Section 2. Articles of Incorporatind By-Laws. A copy of the Articles of Incorporation of
the Association and By-Laws of ~ssociation R hereto and made a part hereof.
Section 3. The voting rights'of the members hall be nppuurteenant to the ownership of the
Lots. There shall be two classes of Members with respect to voting rights:
(a)Class I Members. Class I Members shall be all owners,except the Class II Member as the
same is hereinafter defined. Each Class I Member shall be entitled to one(1)vote for each Lot
owned. In no event shall more than onp+ote be cast per lot owned by any Class I Member.
(b)Class II Member. The sol 'ass Iemb Declarant. The Declarant shall
be entitled to total votes in an• •unt eq twice then Tprrr�` a Class I votes plus one.
The Class II Membership shall cease to exist an converted to Class I Membership when
eighty percent(80%)of the Lots within the Properties,including any property subjected to these
4

80280 HooR"14771?age: 112
restrictions via subsequent amendment,have been cbhveyed to Class I Owners by Declarant,or
at such earlier time when the Declarant,its successors or assigns,notifies the Association in
writing that the Declarant has elected to,cirse being the Class II Member.
ARTICLE IV.-PROPE -'. R I-ITS.14?%d�ftr.MMON AREAS
wr �IAQ
Section 1. Members Easements. The Commo°`r;.,eas shall be for trie common use and
enjoyment of the Members of the Association,and each member shall have a permanent and
perpetual easement for pedestrian traffic across all such portions of such tracts as may be
regulated by the Association.
Section 2. Easements Appurtenant. Ate easements provided in Section 1 shall be
appurtenant to and shall pass with there to each I4.regardless of whether such easements are
expressly described in any instruixof coteyance 'C Q D
Section 3. Public Easements. Fire,police,heat %sanitation,and other public service
personnel and vehicles shall have a permanent and perpetual nonexclusive easement for ingress
and egress over and across the Common Areas.
Section 4. Declarant's Easements. Declarant reserves unto itself and its successors and
assigns the right of ingress and egress°fa all Common Areas within the Properties,for the
purposes of maintenance,constructio ;'sales,devel LA eat,and/or enjoyment. The easement
�
herein reserved shall be in additi ,and in lieu i ,-' easements to which
Declarant,its successors and pea a,may be ' ed. This ease 1lf .hall exist so long as
Declarant retains any ownership in the Properties. •-•
Section 5. Maintenance. The Association shall at all times maintain in good repair,and shall
repair or replace as often as necessary,the paving,drainage structures,street lighting and
fixtures,landscaping, amenities and wat�ring system situated on the Common Areas. The
Association will pay the electrical bill' nnection with the sign and the water bill in
connection with the common area?•`.tt`and other 't •s. The Board of Directors of the
Association acting by a majority a shall iseftr all wort&- •'r,•.,1E.and shall pay for all
expenses including but not limited to all comn161tilities on all ..4? on Areas. All work
pursuant to this Section 5 and all expenses hereun.ra shall be paid for by the Association through
assessments imposed in accordance with Article V. Paving and maintenance of individual
driveways shall be maintained by each Lot owner. The Association may delegate or transfer its
maintenance obligations to a governmental authority under such terms and conditions as the
Board of Directors may deem in the best4nterest of the Association.
The Association will maintain al ndscape e '_41,,-�=tend entrance sign easement,as well as
the entrance signage itself,whick semen ti;,,, set fo liflargitnII,Section 2 below.
4- may:
Section 6. Utility Easements. Use of the Common Areas for utility easements shall be in
5
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: 417,e„
• , ':

ago,
Est 1 80a80 Hook 1477Page: 113
accordance with the applicable provisions of this Declaration. - -
Section 7. Delegation of Use.
•
(a)Family. The right and eas •:r`of en"oymcnh .,E -•' every Owner in Section 1 of this
Article IV may be exercised by t_ `�bers of t l°a;owners'f:P.f)1 cupy the residence of tie
•
Owner within the Properties.
(b)Tenants. The right of easement of enjoyment granted to every Owner in Section 1 of this
Article IV may be delegated by the Owner to his tenants who occupy a residence within the
Properties.
Section 8. Ownership. The Comm"h Areas shakl,be conveyed to the Association upon the
cessation of the Class II Member(�e�a,r�lier, t the di1 e Declarant. The Association
shall immediately accept such c#Veyance, ssociation,�acponveyance,shall,at the
request of the Declarant,perform all work as ou in Section 5 of this Article on any property
that the Declarant intends to be conveyed as Common Area and absorb the expense for the same
in accordance with Section 5. Upon conveyance it is intended that all real estate taxes against the
Common Areas shall be assessed against and payable by the Association,as shall any personal
property taxes on any personal property owned by the Association. Declarant shall have the right
from time to time to enter upon the Colon Areas and adjoining properties during periods of
construction for the purpose of consVietion of any, li ies on the Common Areas which the
Declarant elects to build. The 0r of a -.,,t shall Y. -r, F nal liability for any damage for
which the Association is legall able or aris" ut of or corn ; C 'th the existence or use of
any Common Areas or any other property require'', be maintained by the Association.
ARTICLE V.-COVENANT FOR.MAINTENANCE AND ASSESSMENTS
Section 1. Creation of Liens and Assessments. The Declarant,for each Lot owned within the
Properties,hereby covenants and e• . ° •er of any Lot by acceptance of a deed therefor,
whether or not it shall be so expres.•f r j
`in such dee ' t eemed to covenant and agree to pay to
the Association:(1)annual asse-- ents or ges, r - 4 y �1=ssments for matters as herein
provided,and(3)special asses', ents establis'- ereinafter pro' t,g for fines imposed upon
offenders or violators of the rules and regulations•'the Association,in the sole and uncontrolled
discretion of the Association.
Section 2. Purposes of Assessments. The assessments levied by the Association shall be used
to promote the comfort and livability of the residents of the Properties and for the acquisition,
improvement and maintenance of proles,services and facilities devoted to these purposes and
related to the use and enjoyment o ate Common J'j,-c;�cluding butnotimi�mentte stof
repair,replacement and additio _ the C -,.•@,•on • • , 1Y IIE labor,equipment,materials,
management and supervision • --of,the pays ,•,,,,of taxes asses• 2,gainst the Common Area,
the procurement and maintenance of insurance,th'"-mployment of attorneys to represent the
6
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44;
46Inst i 80213tr Book 1477Page: 114
Association when necessary,the employment of Acconntanfs and other processionals when
necessary,the establishment and maintenance of reasonable reserves for maintenance and
improvement,and such other needs as m arise. The Owner shall maintain the structures and/or
grounds on each Lot at all times in a n ''> d attractive manner. Upon the Owner's failure to do
so,the Association may,at its optio � giving th,L'r` ten(10)days written notice sent to
the owner's last known address, •,". the additw of the su; 'raki1 r des,have the grass,weeds,
shrubs,and vegetation cut whenand as often as like=is necess, n the sole and
uncontrolled discretion of the Association. The Owner,by virtue of deed acceptance,agrees that
all such expenses for such work and materials plus the maximum allowable interest rate by law
shall be a lien and charge against the current Owner of such Lot. Upon the Owner's failure to
maintain the exterior of any structure in good repair and appearance,the Association may,at its
sole and uncontrolled discretion,after givicig the Owner thirty(30)days written notice sent to his
last known address or the address of tSubject pre .ses,make repairs and improve the
appearance in a reasonable and wo :�- anlik- k•T�of any of the work performed by
the Association upon the Owner'. allure to�1 Es,•shall be Fqr e L due and owing from the
Owner of the Lot and shall constitute an assessor' lainst the Lot as herein provided. The
Association's right to maintain the exterior of a structure or a Lot shall not be construed as its
obligation. Any entry upon the property for maintenance purposes shall not be deemed a
trespass.
Section 3. Capital Contribution. E0 Owner of a Lot shall be assessed an amount of
$200.00 for start-up costs which shalOi designateCapital Contribution to the Association. If
any adjoining Lots are combined e time pf closliir.Cytii Ig ed below,the Owner of such Lot
shall be assessed one(1)Capi ontributio a Capital • '_ on shall be collected and
transferred to the Association only once for each at the time of the closing of the initial sale
of each Lot by the Declarant. The Capital Contributions so collected shall be maintained in a
separate account for the use and benefit of the Association and shall be used to pay expenditures
(including but not limited to funding the Association's maintenance obligations),funding
reserves,or to acquire equipment or services deemed necessary or desirable by the Board of
Directors. All'sums paid as Capital co41butions are in addition to and not in lieu of regular
assessments for common expenses ' %ft
Section 4. Annual Assessors. The ssessments pftaied for in this Article shall
commence upon the closing of each Lot. The Asments shall be payable in advance in annual
installments unless approved otherwise,in writing,by the Board of Directors. The annual
assessment amount may be changed at any time by said Board from any other assessment that is
adopted. The annual assessment shall be for the calendar year and shall be due at such time as
prescribed by the Board. Any proration of the Annual Assessment due to the transfer of a Lot
shall be due at closing and shall be e•c �= ent to a proration of the number of full months
remaining in the year. S e Om,
c: a "3
Section 5. Duties of the Bold of Directoe Board of�T (brs of the Association shall
fix the due date of commencement and the amf the assessment against the Lots subject to
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` iest 1 80280 1477Page: 115
the Association's jurisdiction for each assessment period at least thirty(30)days in advance of
such date of period,and shall,at that time,prepare a roster of the properties and assessments
applicable thereto which shall be kept in4ft office of the Association and shall be open to
inspection by any Owner. Any increain the Annu ssessment applicable to the Lots which
is less than an increase of thirty pe `l` (30°/' over` '' ely preceding year's assessment
may be made by the Board of D' ors withot • consent or ut the Members and any
such increase that exceeds thirty percent(30%),exuding insurance,reserves,utilities and Acts
of God,shall be effective only if approved by not less than sixty seven percent(67%)of the
Voting Members representing votes appurtenant to each Class of Membership(Class I and Class
II). Written notice of assessment shall be sent to every Owner subject thereto. The Association
shall,upon demand made by the Owner at any time,furnish to any Owner liable for an
assessment a certificate in writing signe, y an officer of the Association,setting forth whether
such assessment has been paid as toi particular It uchf certificate shall be conclusive
•
evidence of payment of any asse 'nt to thikAssociatt. +t-' - ated to have been paid. The
Association shall,through the a••�'.n of its Boater Directors,ha . power,but not the
obligation to enter into an agreement or agreements*om time to time with one or more persons,
firms,or corporations for the management services of the Association. The Association shall
have all other powers provided in its Articles of Incorporation and its By Laws.
Section 6. The Board of Directors of Ale Association may employ a professional manager or
managerial firm to supervise all the Mgt labor,services and material required in the operation
and maintenance of the Common ar#'and in the dilikOm,of the Association's duties.
Ca' �
Section 7.Effect of Nonpaytdnt of Assessm %-, the Personal gction of Lien,Remedies
of the Association. If any assessments are not paid when becoming a lien on the property which
shall bind such property in the hands of the then Owner,his heirs,devisees,personal
representatives,successors,and assigns. Every Purchaser of a Lot shall be required to determine
the status of the Lot Assessment at the time of purchase and hereby agrees to have assumed any
and all outstanding assessment(s)not s- by the Seller at the time of closing. Any assessment
not paid when due shall be delinque !`'d said assessment shall bear interest from the date which
due at the maximum allowable ra-5. interest and 1'''A Ce.% iation may bring an action at law
against the Owner personally o cord a claim of lien against
r�ated to p e same an•
the property on which the assessment•;: is unpai , iay pursue one or more of such remedies at
the same time or successively,and there shall be added to the amount of such assessment such
attorneys fees and costs of preparing and filing the claim of lien and the complaint in such action,
and in the event a judgement is obtained,such judgement shall include interest on the assessment
as above provided and a reasonable attorneys'fee to be fixed by the court together with the costs
of the action,and the Association shall entitled to attorneys'fees in connection with any
appeal of any such action. The Bo-• 'ay,in its sale discretion,waive the imposition of interest
as to any delinquent assessment. g: Board may ��/.�.`; 'on at law against the Owner
personally obligated to pay an 1� smell' interest or rc rf.(0,the lien created herein in the
same manner as prescribed bye laws of the of North Carolina for the foreclosure of deeds
of trust. In the event of such action at law and in the further event that such action results in a
8
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judgment being entered againost��Owner thatn uafgment in itsuch e ssmanner andt tO the extent iation
shall be further empowered t
provided and permitted by the laws of thtate of North Carolina.
The lien of the assessments prov for herein o �_�•:
hall be subordinate to the lien of
any mortgage or deed of trust re enting a t1jen on suc /1-.1-" J or of any bank,savings
and loan association,insurance company or similallf4pancial institution for the financing of
construction or acquisition of improvements upon such Lot or for the refinancing of such
Improvements now or hereafter placed upon any Lot,provided that such first mortgage of deed of
trust was recorded before the delinquent assessment was due. Sale or transfer of any Lot shall
not affect the assessment lien,provided,however,that the sale or transfer of any Lot pursuant to
a decree of foreclosure on a deed of trust*mortgage thereon or any proceeding in lieu of
foreclosure thereof,shall extinguish**lien of such&•;essments as to payments which became
due prior to such sale or transfer�.,�sale o4,ransfer ' such Lot from liability or liens
arising from assessments therea*becoming Any portion�i'fle Common Areas or
Properties dedicated to,and accepted by,a local piic authority may be exempt from the
assessments created herein in the sole discretion of the Board;provided,however,no land or
improvements restricted to use as a Lot shall be exempt from such assessments except as
otherwise provided for herein.
In addition to the rights of collection'assessments stated in this Section 7,the Owner and all
persons acquiring the title to or an i l"est in a Lot hich the assessment is delinquent,
including,without limitation,pets acqui ' title ,ri.
by+ " j ; law and by judicial sales,
shall not be entitled to the enjoyment and use o reational faci i+-;if any,or to vote upon
Association matters until such time as all unpaid are delinquent assessments due and owing from
the selling Owner have been fully paid and the account of the purchasing Owner are similarly
satisfied. It shall be the duty,obligation,and responsibility of the Association to enforce
payment of all assessments hereunder in a timely fashion.
Section 8. Access During Reason; Hours. For the purpose solely of performing the
maintenance authorized by this ;;e t,including limitation all of the maintenance and
work permitted under Section 2 is Art the Asso Q r.Ii no.or through its duly
authorized agents or employees'or independen tractors,shall ; the right,to enter upon
any Lot at reasonable hours or at any time in case o emergency. Such entry shall not be deemed
a trespass.
Section 9. Effect on Declarant. Notwithstanding any provision that may be contained to the
contrary in the instrument,for as long atthe Declarant is the Owner of any Lot in the Properties,
the Declarant shall not be liable for assessments against such Lot,.provided that the Declarant
funds any deficit in the annual op,„ g expenses(d\'c E�;nSsociation. Declarant may at any time
and its sole discretion commenaying s ,assessmen 1, that it owns and thereby
automatically terminate its oblation to fund a d all deficits oe Association and be due a
refund for any payment in excess of its per lot elec on. The Declarant shall have the right to
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117
select its method of payment on an annual basis after being provided an annual budget by the
Association. Such budget shall be prepared by the association assuming the Declarant will pay
on a per lot basis although it is not obligaal to do so under the terms of this Section 8.
Section 10. Exempt Property. `c .Lo•lov�jng pro• ,:6K r jdu s,partnerships
a tand very assessment,
corporations,subject to this Dec ,: on,shalI xempted o
charge and lien created herein: '"
(a)The grantee(s)in conveyances made for the purposes of granting road,access,ingress,
drainage,water,sewer,utility,cable television or security system easements,or other easements
for common purposes.
(b)The Declarant as to any unsub•< ded land at N Units owned by the Declarant.
Section 3 of Article V of this r aratio ; 1 not-•-E=fi 1 fi.veyanees from the Declarant
to any Designated Builder nor ti. •nveyances -+'• any Designa TF.i ilder to the Declarant,
neither of which conveyances shall be deemed to b < "sale"within the meaning of Section 3 of
Article V of this Declaration. Any reconveyance from a Designated Builder to another party
(other than the Declarant)shall be deemed to be a"sale"within the meaning of Section 3 of
Article V of this Declaration.
ARTICLE VI.-AIIITECTURAL REVIEW
The Architectural Review Boft(ARB)titall be a •d by the Declarant for as
long as the Class II membershi $xists. The Bateitit shall consist o east two(2),but not more
than five(5)members. The members do not have i be Owners. At such time as the Class II
membership expires,the ARB shall be annually appointed by the Board of Directors of the
Association with the Chairman of the ARB being appointed by the President of the Association.
A majority of the ARB may take any action said Board is empowered to take,may designate a
representative to act for the ARB,and • employ personnel and consultants to act for it in
whole or in part. In the event of a v. y on the ARB by death,disability,resignation by any
member the remaining members,i .'ire absence of1q s II members, shall have full
authority to designate a success`'
Except for any improvements or construction Hide by the Declarant on any Lot or upon any
other area of the Properties,which shall be exempt from the provisions of this Article,no
building,wall,fence,ornamentation,structure,or improvements of any nature shall be erected,
placed,or altered on any Lot until plans and specifications showing the same together with the
location and landscaping improvement /or changes as may be required by the ARB have
been approved in writing by the A' : ach of the above referenced items may only be placed
and/or changed in accordance wi ••'a plans as epic � :the ARB. Refusal of the sole and uncontrolledrvlmay
be based on any grounds,inclu purely'., l gro • '.
discretion of said ARB seem sient. Any c r a in the ap• : _ - of any building,wall,
fence,or other structure or improvements and any c•: ge in the appearance of the landscaping,
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shall be deemed an alteration requiring approval. The ARB shall,subject only to any provisions
of this Declaration to the contrary,hereby be deemed to have the power to establish such rules
and regulations as it deems necessary to cmily out the provisions and intent of this paragraph.
cV
The members of the ARB shall b • titled to rei t for expenses incurred by any of
them for services rendered subje04the appr of the Cha
e ARB'and the Board of
Directors of the Association.. The ARB shall act*writing)on any and all submissions to it
within thirty(30)days after receipt of the same and receipt of any required fees as herein
provided or else the submission shall be considered approved. Provided however,that no
submissions of any nature,whatsoever,shall be considered approved should there exist any
delinquency of assessments on the part of the Owner of the Lot on which the plans are submitted.
All requests and submissions shall be inh form and contain such information as the ARB may
require prior to its being required to a e ARB establish a fee to cover the expense of
reviewing the plans and related info.i a on the ti�IV'rfi:';= are submitted for review in
order to compensate any consul profession including b teeirliggited to,architects,
landscape architects,urban designers,and/or attoriggs. The ARB shall adopt guidelines for the
review of residence plans and specifications,including landscaping. Those guidelines,if reduced
to writing,shall not in any way constitute the sole guidelines for the construction of a residence
An Owner ruled upon has the right to appeal the decision of the ARB to the Board of
Directors of the Association provided ,,,all parties involved comply with the decision of the
ARB until the decision of such appe=4'ad been ma j i the Board of Directors of the
Association. Appeals must be le�.'i''wri ,, state - ;`i i„..r the appeal and be submitted
s , ys of the date• �• notification of the ARB.
to the Association or its designed thin ten( r.:,:'
The Board of Directors shall act upon the appeal b,I. ending,reversing,or confirming the
decision of the ARB within thirty(30)days of receipt of appeal petition. The Board of Directors
decision shall be by majority vote and any Owner must exhaust this avenue of appeal prior to
resorting to a court of law or equity for relief. No Owner,tenant,guest,invitee,or other person
shall occupy a residence within the Prop- 'es until the residence has passed the final inspection
of the ARB or the owner has gained - en permission of the ARB that permission to occupy
has been granted in advance of,bit,:it" in lieu of,tld 8• 1 inspection. A grant of occupancy
when,fi��y. sthetic
discretion,eti haseen substantially
prior to final inspection may be Ole by ���
nature of the property per the plixns and specs c ns previously
•complied with. Such grant of occupancy shall carry the signature of the Chairman of the ARB
and shall contain a date of final compliance with the plans and specifications. The owner of the
lot shall sign the grant of occupancy and the same shall be considered an agreement between the
Association and the Lot Owner that the Owner will complete the improvements to the lot on or
before the compliance date so specified This provision shall apply to the initial construction of a
residence and not the remodeling th-) , . The paint,stain,coating,and any other exterior colors
and materials shall be maintained ,? ill buildings A,,,.wne'thereof as that originally
approved by the ARB. Any chaff in extekir or .. ;,It p I be deemed a change
requiting approval. �"
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ARTICLE VII.-USE RESTRICTIONS
Section 1. Land Use. All Lots shall belsed for residential purposes only. Declarant'may
maintain sales offices,information cen models,property management offices,design center
offices,and construction offices upoLot owned•%'w;`t R or upon the Common Area until
ad Lots to be located on the Propes and ariditions th tours. is-old. No-Lot may be
subdivided or its boundaries changed where the rewould bead :-e in the size of any Lot
without the prior written consent of the Declarant. In the event that an Owner combines two(2)
or more adjoining Lots for the purpose of constructing a single residence thereon,from that date
forward,the resulting Lots shall be not be subdivided or its boundaries changed so as to result in
a decrease in the size of the combined Lot without the written permission of the Declarant.
Section 2. Nuisance. No noxious, egal,or off-4/I've activities shall be conducted upon any
Lot or in any dwelling nor shall an s 4.g be one th - may of may
become an annoyance or nuisan o the neig hood. The.`+-f ,8;,. 'on of noxious,offensive,
annoyance and/or nuisance shall be in the sole anclontrolied discretion of the Board of
Directors,its agents,or assigns. This section,however,shall not be construed as to grant
permission for the Association to enter upon any lot or into any dwelling without the permission
of the owner except in the case of emergency or as otherwise provided for in this Declaration.
Section 3. Pets. Owners may keep wets only companion pets such as birds,domesticated
cats,fish,dogs,and other small mans. No hall keep exotic cats,nonhuman
primates,insects,horses or other lives k or zoo ' son the Property. Pets must
be on a leash or otherwise restr ;-ed when on i,, . on Property ways. It shall be the
Owner's obligation to safely dispose of waste mated from pets. The Board of Directors of the
Association and/or the Declarant shall have the right to order the removal of any pet which,in
either of their discretion,is considered a nuisance,and the same shall be done without
compensation to the Owner. In such event,the Board shall give written notice to the pet owner,
and the pet shall immediately thereafter permanently removed from the Property. An
unrestrained pet on Common Property,„ on a lot of another Owner shall be considered a
nuisance. Failure to clean the wastetaterial from hall be deemed a nuisance.
Section 4, Gardens. No fruit%r vegetable _ ens or combin.. thereof may be planted or
the ground prepared for planting without the expr written consent of the ARB.
Section 5. Temporary Structures. No structure of a temporary nature shall be erected,placed,
or allowed to remain on any lot unless and until written permission for the same has been granted
by the ARB,or its designated agent or rperesentative.
Section 6. Use of Common Are "The Comm.fAipefiahall not be used in any manner except
as shall be approved or specifically permit by the As > .
J 44p
Section 7, Access to Lot. In addition to easeNhts granted elsewhere,the Association,its
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agents or employees shall have access to all Lots from time to time during reasonable working- - "- --
hours,upon oral or written notice to the owner,as may be necessary for the maintenance,repair
or replacement of any portion of the Corn. n Area. The Association or its agent shall also have
access to each Lot at all times without lce as may :1 necessary to make emergency repairs to
prevent damage to the Common Ar g tnat L4 or an•+. ,u k�..
Sec'on 8. Recreational Vehicles,Boats,Trailerommercial Vehicles. No campers,
recreational vehicles,trailers,boats,motorbikes,motor cycles,tractors,or other vehicles
designated or designed as commercial type vehicles either by signs thereon or licensing may be
parked or kept within the properties unless parked within an enclosed garage. If a question arises
regarding the applicability of this Section 8 to a particular vehicle,the determination of whether
that vehicle is subject to this provision sh.I be that of the Board of Directors of the Association.
section 9. Signs. No signs or to r adv sing de = :' , . displayed upon any Lot,
Common Area,or any structure .0 reon withoo prior writt=lF/.1%7 sion of the Association.
Declarant,however,may post"For Sale"or other keting related signs on the Properties until
such time as all Lots owned by Declarant have been sold. Except for signs placed by the
Declarant,any sign placed with the permission of the Association must be in a form and contain
wording or verbiage as approved by the Association or its designee. Any sign or advertising
device placed upon a Lot or the Common Areas without the prior written permission of the
Association shall be subject to removalthe Association without prior notification to the
Owner thereof. Any expense incurr ,'y the Assoc ' for removal shall be that of the Owner
and shall,if not paid,constitute a a.. again e Owne .ra iRO.
N.
do 1 Mailboxes. The ARB will establishlttidelines for a mailbox common to all lots.
No mailbox may be placed upon any Lot or any of the Common Area until it has been approved
by the ARB. Any mailbox or any structure placed upon the Common Areas or Lot without the
prior written permission of the ARB shall be subject to removal by the Association without prior
notification to the Owner thereof. If a mm}lbox is damaged or needs to be replaced for any
reason,it must comply with the ARB, elines.
(gi t r i residence all garbage and
,Section 11. Garbage Dispos At the tii ,,of the con . ,.. -
debris from a Lot or residence$i'ereon shall be'y stored within - garage of each residence
until properly disposed. No trash,ashes,garbage,o other refuse shall be accumulated,dumped,
stored,or allowed to remain on any lot either prior to or after the construction of a residence. No
burning of garbage shall be allowed on the Properties. No noxious or offensive odors shall be
allowed exit from any garage area where garbage is stored. If the public health authorities,other
public agency,or the Association shall re5uire a specific method of garbage disposal,nothing
herein contained shall prevent the colance by Owners and such rules and regulations,
U e antennae,radio antennae,
Section 12. Antennae and Sllite DisNo extert
or receptacle devices,including but not limite :satellite disheeihall be permitted upon any
Lot without the express written consent of the ARIgr. Large dishes are not allowed.Eighteen(18)
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inch dishes are allowed,with ARB approval,so long as such cannot be seen from the front of the
residence. The Declarant,its successors and assigns,may locate such facilities upon the
Common Areas.
� of the
Section 13. Regulations. Reaso .-_�a regulations11��`„iv*the use o-time by�Board of
shall be promulgated by the Decl .f t and mak ,arneuded
Directors of the Association. '
Section 14. Fences. No chain link fences shall be permitted on any Lot or any part thereof.
No fence,wall,or similar structure of any kind shall be located upon any lot or any part thereof
without the prior written permission of the ARB,and so long as such does not extend beyond the
front corners of residence towards the stet.
•
hi'
Section 15, Vehicle Storage. l�±�toperve ve '(�K, 'rleb i statep of noticeable
disrepair(stripped,partially wres d,junked,L shall be kepd upon an Lot or
Common Area nor may any repair work be done tany motor vehicle,boat,trailer,or likewise
upon any Lot or Common Area except for very minor repair work or cleaning.
Section 16. Parking. Each Owner shall provide paved space for off-street parking. There
shall be no parking upon any unpaved area. No parking shall be allowed upon the Common Area
or roadways except as may be provided,*the Association.
Secti . Water and Sewer . 'ems. >ism -+�
• indivt• If:• .,, F stern may be installed upon
any Lot with the exception of la irrigations . No indi a ewerage or septic system
may be installed upon any lot.
Section 8. Lighting. No mercury vapor or similar lighting of the kind used by public
authorities for street type lighting shall be permitted on any lot without the prior written consent
of the ARB,which may decline permission in its sole discretion and may,but shall not be
obligated to,consider the feelings of adjoining lot owners.
Section 19. Trees. Except a proved the ARB ^ ,1 p 2£o tree greater than four(4)
inches in diameter shall be cut,`itimoved,or in 'onally damage ..i ess such tree interferes
with the construction of improvements,is dead or seased,or presents a hazard to persons
and/or property.
S_ 'on 20. Erosion Control. Each Owner shall be responsible for protecting such Owner's
lot against soil erosion and/or sediment off onto other lots,Common Areas,or any roadway.
Each Lot Owner shall take actions ash essary to prevent erosion during construction including,
but not limited to,silt fencing or star device. :6 ,,;j •`control devices must be in a form and
manner approved by the ARB. y erosi antrol de R i'pt=,.,Ee
d upon
any lot for eachalo lb hall
removed prior to occupancy of aid residence. '".erefore,landsca g plans
take into account that erosion control devices are P" porary in nature and plan accordingly
14
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4t # 80280 qEsalc 1477Page.
landscaping that will not contribute to lot erosion of that lot or adjacent areas.
ection al, Tenants,Lessees,Renters oarders. No residence shall be rented to or leased by
any person except those residences ren, .y an Owner. No residence may be rented or leased
for a period of less than twelve(12), secuttve motigific c the intention of this Section 22 to
prohibit subletting of rooms with' resident ,,the occu.: %=I .!,than the entire residence
by boarders or tenants that occupy via monetary co' ation to the a wner,any portion of a
residence less than the entire residence,including any garage or storage areas. Any Owner
leasing his residence shall submit a signed statement to the Association certifying the name(s)of
the lessee,the mailing address of the lessee,and the beginning and ending dates of the lease
within thirty(30)days of occupancy of the lessee or within thirty(30)days of execution of the
lease,whichever shall come first. No reialkig or leasing of a Lot on which there is no residence
shall be permitted. It shall be the res sibility of es Owner leasing a residence to provide the
lessee therein a copy of all rules , 'gulatisfs of the ..,..as well as a copy of this
Declaration of Restrictions and z tective Co is and any . nis thereto. Upon such
Owner's failure to do so the Association,at itstion upon providing fifteena15 odaf s days
written notice to the Owner at such Owner's last known address,may providecopy
materials to the lessee and may charge the owner for the preparation and delivery thereof. Fines
levied against a tenant for violations of this Declaration or rules or regulations of the Association
shall be due and payable from the Owner and shall be a lien on the Owner's Lot if not paid to the
Association in a timely manner.
�ence shall contain a minimum
'
Section 22. Minimum Living s Req ' ement�s. If r
of one thousand four hundred(1 00)square f fully enclose t ted and cooled floor area
devoted to living purposes. This area shall be exclleilive of roofed or unroofed porches,terraces,
decks,and/or garages. In all residences more than one story in height the first story shall contain
a minimum of one thousand(1,000)square feet of heated and cooled floor area devoted to living
purposes. In addition to the aforementioned minimum area requirements each residence shall
contain an enclosed garage sufficient to main al least two large automobiles in their entirety.
The ARB shall have the authority to ,; •e minimum and/or maximum garage dimensions,
should the same become necessary ' its sole disci
Section 23, Outdoor Elemeas, No clothe ' . s,clothes poleh;&similar equipment shall be
allowed on any Lot. Any outdoor recreational eq :ment shall be approved by the ARB prior to
placement. Any pumps,storage tanks such as propane or similar devices shall be located within
the garage of the residence or underground in accord with government regulation. All utility
services shall be contained underground.
Section 24. Access. There shall bailo access allowed to any Lot within the Properties except
that access provided by designate 'adways with''I,,-•,Properties.
Section 25. Prohibition Against"Time Sh=�'�-;•"Use. No Lot structure shall be"time
shared",nor shall any Lot or structure be owned, �ed or operated in violation of the North
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Carolina Time Share Act,N.C.G.S.Section 93A-39 et:-seq.-as"me same may be amended from
time to time,nor shall any Lot or structure be owned,used or operated so as to constitutesu such
Lot or structure as a"time sharing unit"mired to be registered within the meaning
of statutory provisions. (U/M�z
ecf o 2 . Storm Man ►ent: � . —�'df ZaD
a. The allowable built-upon area per lot is 4,300 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*rater surface of swimming pools. .
b. The covenants pertaining to smwat ,regulat•`' t t be changed or deleted without
concurrence of the Division of VAter 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 ithin the AEC.
e. Each lot will maintain a 3Q' ide veg ted buffe iifiim a 1 i pervious areas and
surface waters.
f. All roof drains shall terminate at least 30'from the mean high water mark.
ARTICLE VIII.-EASEMENTS AND SETBACKS
Section 1.Easements for the ins ion and maintenance of driveway,walkway,parking
area,water line,gas line,telephon N ble televisi is power line,in sanityry n aran�re or stormerved as
sewer drainage facilities,surfacater d =`<<ae,and'
outlined on the recorded plat ahl/or may be Sr•..,•, by the Declar ,its successors and assigns
over any property owned by either of them,and tit!'Association may reserve and grant additional
easements for the installation and maintenance of the aforementioned utilities,or other necessary
purposes,over and across any Common Area. Within any such easements above provided for,
no structure,planting,or other material shall be placed or permitted to remain which may
interfere with the installation of said utilitties or which may change the direction of flow or
drainage channels in the easements which may obstruct or retard the flow of water through
drainage channels in the easemenitO' addition tilibtfevjation shall have the continuing right
(but not obligation)and ease -to main%all sewer p es located on any Lot as
well as to direct the flow of s ace water draAtalong easemen
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.n.r- 42'.. Inst • 8028 Book 1477Page: 124
Section 2. There is also reserved a ten(10)foot landscape easement along Old Georgetown
Road and an easement for entrance signs,etc.,which easements affect Lots 1,70,71,72 and 73,
all as set forth on the plat of subdivision.
Section 3. Declarant further res unto itself, '1..\ . iation,their respective successors
and assigns;a perp etual alienable leasa cement- and, and under the
ground upon any Lot to erect and�or maintain,in nanner,all item as outlined by Section 1
above. Said easements shall be ten(10)feet along et er side of all front and rear lot lines and
five(5)feet along either side of all side lot lines. Any entry upon a Lot or use of these easement
areas,within these granted easement areas,by the Declarant or the Association,their successors,
duly appointed representatives,and/or assigns,shall not be deemed a trespass.
ae6s21.41, Building Setbacks. Buing setback- as,over which no residence or other
buildingor above-ground strut y be erected, tr' 'We-{ 1=Wished by the Declarant for each
Lot. Such setbacks shall be evi on a pl hich is duly j„,r in the appropriate
governmental office in Brunswick County,North lina. Declarant shall have the right and
privilege to modify any and/or all of the building setbacks on any and/or all of the lots within the
subdivision to the jurisdiction of the appropriate governmental authorities. Each Residence or
other structure which shall be erected on any Lot shall be situated on such Lot in accordance with
the building and setback requirements of any applicable zoning ordinances.
ARTICLE IX.-INSURCE AND C U LTY LOSSES
kvz
Section 1. The Association's oard of Di s("the Boar „a is duly authorized agent,
shall have the authority to and shall obtain blankef' l-risk insurance,if reasonably available,for
all insurable improvements to or on the Common Area. This insurance,if practical,shall be in
an amount sufficient to cover one hundred percent(100%)of the replacement cost of any repair
or reconstruction in the event of damage or destruction from any insured hazard within the
Common Areas.
also obta'a - ! blic liability policy covering the
At the discretion of the Board,icy J,vCt�
Common Area,the Association , its me ers for: „ F r injury caused by the
negligence of the Association d�any of its Me s of agents. '4fisonably available,at the
discretion of the Board,the public liability policy all have at least a One Million Dollar
($1,000,000.00)single person limit with respect to bodily injury and property damage,a Three
Million Dollar($3,000,000.00)limit per occurrence,and a One Million Dollar($1,000,000,00)
minimum property damage limit.
At the discretion of the Board,it talso obtain a policy protecting its officers and directors
from liability and every director as fficer of theL j,;p.iation shall be indemnified by the
Association against all expenseginid liabill ,s,inclu'i :Pir.j.;I,s fees,reasonably incurred by
or imposed upon him/her in cdfinection with roceeding to f ' he/she may be a party,or
in which he may become involved,by reason of lilt being or having been a director or officer of
17
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4464
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the Association,whether or not he/she is a director or officer at the time such expenses are
incurred,except in such cases wherein the director or officer is adjudged guilty of willful
misfeasance or malfeasance in the performance of his duties;provided,that in the event of any
claim for reimbursement or indemnifizien herein shall only apply if the Board of Directors
approves such settlement and reimb- mantas beiii est interest of the Association. The
foregoing right of indemnificatio.'. 1 be iii' tioii to anive of any and all other
•
rights to which such director or o `rcer may be end.
Section 2. Individual Insurance;Obligation to Repair or Reconstruct: By virtue of taking title
to a Lot subject to the terms of this Declaration,each owner covenants and agrees with all other
Owners and with the Association that each Owner shall carry blanket all-risk property and
casualty insurance on his property and-,,`.tructures contained thereon. Each owner further
covenants and agrees that in the event,:,"'a partial to or damage and destruction resulting in less
than total destruction of the struct 4 pon is Lot, c.; . all proceedprgroompti�trep i
rt as
or to reconstruct the damaged s o (s)in a er tonal e
approved by the ARB unless otherwise approved a ARB. In the event that the structure is
totally destroyed and the Owner determines not to repair or to reconstruct,the Owner shall clear
the Lot of any and all debris and return it to the natural state in which it existed prior to the
beginning of construction within ninety(90)days of the date of the destruction.
ARTICLE'.-NO PARTITION
Except as permitted in this Dec ation ore)/am �`'7'i�to,there shall be any interal
est n
partition of the Common Area any part then 4nor shall an acquiring
the properties or any part thereof seek any such ju•` a1 partition,unless the Properties have been
removed from the provisions of this Declaration. This article shall not be construed to prohibit
the Board of Directors from acquiring and/or disposing of tangible personal property nor from
acquiring title to real property which may or may not be subject to this Declaration.
ARTICLE XI,EULES AND REGULATIONS
Section 1. Compliance by O By ' • of tBal�$ . a Lot subject to these
v, . °' FIB ,
restrictions and covenants,evei��Owner shall%,_;,•ly with the re •'',ons and covenants set
forth herein and any and all rules and regulations 'ch from time to time may be adopted by the
Board of Directors of the Association.
Section 2. Enforcement. Failure of an Owner to comply with such restrictions,covenants,
and/or rules and regulations shall be gro •s for action which may include,without limitation,an
action to recover sums due for dama.-tinjunctive relief,or a combination thereof. Failure of
the Association to enforce any rest ion,covenaitliv�,or rules and regulations at any point in
time shall not be deemed a vvaivo6f the ritittof the • ;1+ •d so thereafter.
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ARTICLE XII.-DECLART'S RIGHTS
18

.4'' ` :t t II e02e0 4 14 e: 126
Any or all of the special rights and obligations of the Declarant may be transferred to other
persons or entities,provided that the transfer shall not reduce an obligation nor enlarge a right
beyond that contained herein,and provid further,no such transfer shall be effective unless it is
in a written instrument signed by the Drant and duly recorded in the Office of the Register of
Deeds of Brunswick County,North, 'ina �Mi(eQ�
Notwithstanding any provisio fs contained in eclaration to 6 ontrary,so long as the
sale of Lots shall continue by the Declarant or the D larant's assigns,it shall be expressly
permissible for the Declarant to maintain and carry on upon portions of the Common Area such
facilities and activities as,in the sole opinion of the Declarant,may be reasonably required,
convenient,or incidental to the sale of such Lots,including,but not limited to,business offices,
signs,model units,and sales offices. Thn Declarant shall have an easement for access to such
facilities. The right to maintain and c 'on such facilities and activities shall include
specifically the right to use residenot owned(or 1 =2!%c_ ri-T Declarant,if any,and any which
may be owned by the Associatigi I epv
As long as the Declarant continues to have rights under this Article,no person or entity shall
record any declaration of restrictions and protective covenants or similar instruments affecting
any portion of the Properties without the Declarant's review and written consent thereto,and any
attempted recordation without such compliance herewith shall result in such declaration or
similar instrument being void and of noabrce and effect unless subsequently approved by
recorded consent signed by the Declit.
This Article shall not be amed nor derby amenddieTagOse restrictions and
protective covenants except by the Declarant;probed,however,the rights contained in this
Article shall terminate upon the expiration of the initial period of this Declaration.
ARTICLE XIII.-GENERAL PROVISIONS'
Section 1. Severability. Invalidatigf any one of these covenants or restrictions,or any
section thereof,or any rule or regul#n of the As-,on by judgment or a court or court order
shall in no way affect any other 4,,, istonstrhich .- ,rt'11 fall force and effect.
to
Section 2. Term. The covenants and restricted&of this Declaration shall run with and bind
the land for an initial term of thirty(30)years from the date of this Declaration after which time
they shall automatically be extended for successive periods of ten(10)years.
Section 3. Amendment. This Declaration maybe amended by an instrument signed by the
Owners of not less than sixty-seven .. cam t(67%)of the Lots,or as otherwise provided for in
this Section 3. <a
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The Declarant,without thensent or a p <» of another,a -ve the exclusive right and
privilege to amend this Declaration to conform to. e requirements of law or governmental
19
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f1
S- P:t'' I ntl# k 1477Page: 127
agency having legal jurisdiction over the Property or to qualify the property or any Lots and/or
improvements thereon for mortgage or similar loans from any source whatsoever. A letter from
an official of any such governmental or le t ding agency requiring an amendment as condition of
approval,or suggesting an amendment, a I be sufficient evidence of the approval of such
amendment of such corporation of a toy and shall, iV C�.'t the Declarant to amend in accord with
such letter. ��'' ,r[kb
No amendment shall take effect until it is duly reit'brded in the office of the Register of Deeds
for Brunswick County or similar governmental office of public records.
Section 4. Litigation. No judicial or administrative proceeding shall be commenced or
prosecuted by the Association unless apppved by not less than sixty seven percent(67%)of the
members of the Board of Directors at:r,gular meeting or at a special meeting duly called
therefor. This section,however,s• <y' of apply to(',/,,lr R;brought by the Board to enforce the
provisions of this Declaration,insOiding,wont limitatto f-� osure of liens,(b)the
imposition and collection of assWssments,(c)prdings involving n llenges to ad valorem
taxation,or(d)defenses,counterclaims or third-party claims brought by the Association in
proceedings instituted against the Association.
IN WITNESS WHEREOF,Declarant has caused this instrument to be executed by its
Manager/Member the day and year first above written.
COA IOU.;k LO•1 `,L.
p A , g ` Co •'
f 'M : all. i W IIr�:=�i1
`r'Trh ! e.,b �‘111.1F STATE OF NORTH CAROLINA
ACKNOWLEDGMENT
COUNTY OF BRUNSWICK <'? kt; `iUR ,Q ,,
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1,ja/ ,a Not*Public,do hereby certify that Je
L. Sicw®�� ,Manager/Member of Coastal Developers,L.L.C.,a North
Carolina Limited Liability Company,personally appeared before me this day and acknowledged
the a eeution of the foregoing instrument, Witness my hand and notarial seal this the Zti day
of J tui.t ,2001. E
. W (SEAL)
Notary u D
- My Commission Expires: `7�1 /0.r
OFFICIAL SEAL
'oink ism.Palk-Math Oman
42.
IL,r'i, BRUNBWICKCOUNtY
' y TIiOMAB B.THROCKtACRTON 20
• on ow7/I92005
STATE OF NORTH CAROLINA ca
COUNTY OF BRUNSWICK ,,.
4'.)''THOMAS B ORTON
The Foregoing(or annexed)Certificate(s)o, 64_
Notary(ies)Public is(are)Certified to be Correct. 29thof June ,2001
This Instrument was filed for Registration on this Day
in the Book and Page shown on the First Page hereof.
RO J. SON,Register of 14.P.--
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Iust 8 80280 Book 1477Page: 128
Re:Register of Deeds at
STATE OF NORTH CAR A
(sCS'/� jrunswick County
COUNTY OF BRUIWICK m� ZD
MORTGAGEE CONSENT
CENTURA BANK(CENTURA)beneficiary under a Deed of Trust dated
December 11,2000, rded o December 11,2000 in the Public Records at
Book 1421,Page 8 as , ded "� Tiltime,the
eon of the Dfore d),for
itself and its suc 'sors and' <•+ consents �;,,
Declaration of Protective CovenattirOtestrictions,Easements,Charges and Liens
for Cape Side Subdivision(the"Declaration"),and Centura agrees and
acknowledges that,upon recordation of the Declaration,the restrictive covenants
contained in the Declaration will run with the land which serves as security for
the debt evidenced by the Security Deed and further agrees that any foreclosure or
enforcement of any othet4emeedy available to Centura under the Security Deed •
will not render oid o erwise impair the validity of the Declaration.
Dated 5 0O Ib,qeaw 7�I�„
:, CEN C='IjK
v
6'v '"
By: Eatittie,P.si.oux-
Title: �llOY
�r * i:
iy
I, Claudia C-.,c, f ��Q` �/S R ,certify that
Babette. P. St D
personay came ore me this ,� d acknowledged that he(or she)is
Bank Officer haltifilat of Centura Bank ,a corporation and that he/she
as Bank Officer ,being authorized to do so,executed the foregoing
on behalf of the corporation.
4413.,"�� ,r0 4 s tress m hand and.@r` icial seal or stamp,thus the 25th day
d t y
't t-�4( ''' •June -�2001 ��� avy &&e.rhec, X� "R*,4 P. , ,. r T, ffiPublic
` ¢ ` Q •,t`+,,,4.1 a 'commission expires 5 002
•
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met 1 80280 BOOk 1477Page: 129
EXHIBIT"A"
All those certain pieces,parcels or lotspf land situate,lying and being in Shallotte Township,
Brunswick County,Forth Carolina,b gshown and described as Lots lthrough 17,inclusive,
and Lots 45 through 78,inciusiv action One, .. ; �,Tnd Lots 18 through 44,inclusive,
Section Two,Cape Side,on PI Survey l�iection One, •- .r,;,e,prepared by Thomas W.
Morgan,P.L.S.,dated March 1S5,2001,and recoed in the Brunswick County Registry in Map
Cabinet 24 at Page 116,and on Plat of Surveyfor Section Two,Cape Side,prepared by Thomas
W. Morgan, P.L.S., dated March 15, 2001, and recorded in the aforesaid Registry in Map
Cabinet 24 at Page 117.
Together with all common areas,eaments and rights-of-way shown on the aforesaid plats.
4,4t
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eit
IrQED
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lr g©1 r� Illflllll III III 62949 P1208 18:48:40.000
r(%? ArCt '' tY, NCR Brenda M. C1essons
�� Register of beds page 1 of 2
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Finance
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V•ti✓ciR .foriginal
�l t..raTp`ntcortr
.nstrumenl to v... :x°pied.
STATE OF NORTH CAROLINA
SUPPLEMENTAL DECLARATION
COUNTY OF BRUNSWICK COVE ,
' 1 14,0TS 48,49 AND 54,
�� !� i 7 NS' CAPE SIDE
IVISION TO COMPLY WITH THE
WATER ACT
•
This Supplemental Declaration is made this / day of July 2009,by Coastal
Developers,LLC,a North Carolina Limited Liability Company,hereinafter called
"Declarant". •
F WITNESSETIkp
f;\ �
Whereas,Declarant i i uv�oFf•c«'rLcribed real property located
in Brunswick County,North: 'I; :: �:'••�^
Being all of Lots 48,49 and 54,Section One,Cape Side Subdivision,as shown on
the map prepared by Brunswick Surveying,Inc.,recorded in Map Book 24 at Page
116 of the Brunswick County Registry.
Whereas,the Wilmin istrict of the I ,
� '�� �rps of Engineers,
hereinafter called"USACE",unde i determined that a portion of
each of the above-referenc Ill :i"`' . tee States,specifically
wetlands,which are subject I. .emu ,s,j ..�,is of Section 404 of the Clean Water
Act(33 USC 1311). "I'
Whereas,in order to satisfy the requirements of the Clean Water Act and I JSACE,
Declarant must and now wishes to subject the above-described lots to the regulations and
requirements set for herein.
11
NOW THEREFORE,De l:`': . :, g4 iije`ct the above-described lots to
the following regulations an• • 1 *y�{'o coruptr permitting requirements of
Section 404 of the Clean W: - c : 660o(,� (8
J
Portions of Lots 48,49 and Lot 54,Section One,Cape Side Subdivision,as
determined by the Wilmington District US Army Corp of Engineers(USACE)
under Action ID#2007-03987,contain waters of the United States,specifically
0— . 1l- ( UROPPIZZAL
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of MDeeeds Par. 2 of 2
IJ" jcZC jAL
wetlands,which are subject to the permitting requirem- is of Section 404 of the Clean
Water Act. Any placement of dredged or fill material within these waters without prior
USACE authorization may constitute a violation of Section 301 of the Clean Water Act.
The intent of this provision is to prevent and minimize additional disturbance to waters of
the U.S. The property own-,i.•; 1 include the name •fAcdevelopment and Action ID#
2007-03987 in submitted doc i"=''S:tion aki aining to the above-
described property. This coy- -iii a.• -14 1,a above-described land and shall be
binding on all parties hereto •Y.F 1"rspInAlainiffirriiffifithem.
IN WITNESS WHEREOF,Declarant has caused this instrument to be executed
by its duly authorized officer on the day and year first above written.
Declarant:
Fo F� - t
(ul,vo�r,rrn�r,�' OF�cyr I
Jeff'.•3 ' . an, ember-•r ! .
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
I,a Notary Public,do hereby ce i AMN,Member/Manager,of
COASTAL DEVELOPERS,LLC ited Liability Company,personally
appeared before me and being t h uthorized agent(officer)of
said COASTAL DEVELOPER , ,a No effeftited Liability Company,and that I,
(i)have personal knowledge of the identity of the agent(o ' ),or(ii)I,have seen satisfactory
evidence of the agent's(officer's)identity,by current State or Federal identification with the
agent's(officer's)photograph in the form of a ,or(iii)a credible witness has
sworn to before me the identity of the agent(officer)and he signed the foregoing or annexed
document on behalf of said co ,hany,in the capacity indicated d acknowledged the said writing
to be the act and deed of said c• ; herein state, g p
Witness my hand and official sj-ItsMi4 IS/1� 1�.,.,A,; the year 2009.
' (
C" 4Z. 0 x 4
N,9tdryPublic a> P.
1� , • tel::
sup:
Notary P nted or typed name ".,1. �P J:"
., �� lssion expires: t"/-I()-0OI
r t 3,�I•H�liy , +!!+*',,,•'
Q�F
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