SW8930803_Historical File_20010522

Stn e of North Carolina
I)ehartment of Ems il-011M nl
r and Natural Resources f E to
Wilmington Regional Office � F '�
Michar.! F. Easley, Governor
\Villiam G. floss, ,lr., Secretary -
Division of Water Quality NORTH CAROLiNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 22, 200]
Mr. Jeff Sanderson, President
Coastal i)evelopers, l,I,C
1829 Nast Franklin Street, 900B Franklin Square
Chapel Hill, NC 27514
Subject: Permit No. SW8 930803 Modification
Cape Side Subdivision
Low Density Subdivision Stormwater Permit
Brunswick County
Dear Mr. Sanderson:
The Wilmington Regional Office received a complete Stormwater Management Permit Application for Cape Side
Subdivision on May 22, 2001. Staff review of the plans and specifications has determined that the project, as
proposed,will comply with the Stormwater Regulations set forth in Title l 5A NCAC 211.1000. We are forwarding
Permit No. SW8 930803 Modification, dated May 22, 200], for the construction of the project. Cape Side
Subdivision.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and
limitations as specified therein, and does not supercede any other agency permit that may be required.
If any parts,requirements, or limitations contained in this permit are unacceptable,you have the right to request an
adjudicatoly hearing upon written request within thirty(30)days following receipt of this permit.This request must
be in the form of a written petition,conforming to Chapter 150E of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings,P.O. Drawer 27447, Raleigh,NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions,or need additional information concerning this matter,please contact either Scott Vinson
or me at [phone].
Sincerely,
G
Rick Shiver
Water Quality Regional Supervisor
RSS/sav: S:1WQS\STORMWAT\Pl RMI'11930803.MAY
cc: Phil Tripp, P.E.
Tim Evans, Calabash Code Inspections
i)avid Thomas. NCI)Ol Division 3, District 3 Office
Scott Vinson
Wilmington Regional Office
Central Files
127 Cardinal l)r. Ext.,Wilmington,North Carolina 25405 'Telephone [phone] VAX 91(1-35(1-2(1(14
An Equal Opportunity Afrirmalive Action Employer 50% recycled/I0'%. post-consumer paper

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Slate �tlll nl��llte Ninna`gcnicnt vs-cills-
l).cI'mit No.S\\'8 93080 i\10i)
S'I'A'i'E OF NORTH CAROLINA
1)EPAR'i'MENT OF ENVIRONMENT ANi) NATIIRAi, RESOURCES
i)1ViSION OF WATER QUA1,1'I'V
STATE STORMWA'I'ER MANAGEMENT PERMIT
LOW DENSITY DEVEI,OP'M IE;N'I'
.In accordance with the provisions of Article 21 of Chapter 143,General Statutes ofNort.h Carolina as amended,and
other applicable i,aws, Rules and Regulations
PERMISSION IS HERBY GRANTED TO
Coastal Developers, LI,C
Cape Side Subdivision.
Brunswick County
FOR THE
construction,operation and maintenance of a 30%low density subdivision in compliance with the provisions of 1 5A
NCAC 2i-1 .1000 (hereafter referred to as the "stormwater rules")and the approved stormwater management plans
and specifications, and other supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit for Cape Side Subdivision.
The Permit shall be effective from the date of issuance until rescinded and shall he subject to the following specific
• conditions and limitations:
1. DESIGN STANDARDS
l. 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. CAMA regulations may reduce the allowable built-upon area.for those lots within the ARC.
2. The overall tract built-upon area percentage or lot sizes for the project must be maintained at 30%, per the
requirements Of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by reference and arc
enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 fool wide vegetative buffer between all
impervious areas and surface waters.
5. '.l'he only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum
side slopes of 3:1 (I-i:V) as defined in the stormwater rules and approved by the Division.
6. All roof drains must terminate at least 30' from they mean high water mark.
2

Stale Stormwa.ter Management Systems
Permit.No.SW8 930803 MOD
H. SCHEDULE OF COMPLIANCE
• 1. Swales and other vegetated conveyances shall be constructed in their entirety,vegetated,and he operational
for their intended use prior to the construction of any built-upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other
vegetated conveyances will be repaired immediately.
3. The permitter shall at all times provide the operation and maintenance necessary to operate the permitted
stormwater management systems at optimum efficiency to include:
a. Inspections
b. Sediment removal.
c. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintena.nce of side slopes in accordance with approved plans and specifications.
4. Deed restrictions are incorporated into this permit by reference and must he recorded with the Office of the
Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the
following statements related to stormwater management:
a. "The allowable built-upon area per lot is 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,hut is not limited
to,structures,asphalt,concrete,gravel,brick, stone, slate,and coquina,but does not include raised,
open wood decking, or the water surface of swimming pools."
b. "The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the Division of Water Quality."
c. "Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings, is strictly prohibited by any persons."
d. "Lots within CAMA's Area of Environmental Concern may have the permitted built-upon area
reduced due to CAMA jurisdiction within the AEC."
e. "Each lot will maintain a 30'wide vegetated buffer between all impervious areas and surface waters."
1. "All roof drains shall terminate at least 30' from the mean high water mark."
5. The permitter shall submit a copy of the recorded deed restrictions which indicates the approved built-upon
area per lot within 30 days of the date of recording.
6. The permittee shall submit all information requested by the Director or his representative within the time
frame specified in the written information request.
7. No piping shall he allowed except:
a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road.
b. That minimum amount needed under driveways to provide access to lots.
8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines
established in the North Carolina Erosion and Sediment. Control Planning and Design Manual.
3

State Stormwater Management Systems
Permit No.SW8 930803 MOI)
9. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable
built-upon area. Once the lot transfer is complete,the built-upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built-upon area limit is transferred
to the individual property owner.
10. If an Architectural Review Committee (ARC) will review plans for compliance with the BUA limit, the
plans reviewed must include all proposed BUA, including roofed porches, outbuildings, sidewalks and
driveways. Any approvals given by the ARC do not relieve the homeowner of the responsibility to maintain
compliance with the permitted BUA limit. If the plans indicate that the allowable BUA will be exceeded,
it is the ARC's responsibility to deny the plans.
11. Within 30 days of completion of the project, the permittee must certify in writing that the project's
stormwater controls, and impervious surfaces have been constructed within substantial intent of the
approved plans and specifications. Any deviation from the approved plans must be noted on the
Certification.
12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a
written time schedule to the Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the.Director that the changes have been
made.
13. The following items will require amodification to the permit.Revised plans,specifications and calculations
must be permitted prior to beginning construction on the modification:
a. Any revision to the approved plans, regardless of size.
h. Project name change.
c. 'Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area.
e. Further subdivision, acquisition, or selling of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the approved plan.
14. The Director may determine that other revisions to the project.should require a modification to the permit.
LII. GENERAL, CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes
143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a
permit modification, revocation and reissuance, or termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit a.s allowed by the laws, rules, and regulations
contained in Title 15A of the North Carolina Administrative Code,Subchapter 21-1.1 000;and North Carolina
General Statute 143-215.1 et. al.
4

State Storm water Management Systems
Permit No.SW8 930803 MOD
5. The permit is not transferable to any person or entity except after notice to and approval by the Director."1'he
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary. A formal permit.request must be submitted to the
Division of Water Quality accompanied by the appropriate fee,documentation from both parties involved,
and other supporting materials as may be appropriate. The approval of this request will be considered on
its merits, and may or may not be approved.
6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,rules,
regulations, or ordinances which may be imposed by other government agencies (local, state and federal)
which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must.
be submitted.
7. The permilt.ee grants permission to DENR Staff to enter the property during business hours for the purposes
of inspecting the stormwater control system and it's components.
8. 'i'he permitter shall notify the Division of Water Quality of any name,ownership or mailing address changes
within 30 days.
Permit issued this the 22nd day of May, 2001.
NORTFI CAROL,INA ENVIRONMENTAL MANAGE MINT COMMISSION
���'',�,th Kerr T. Stevens, Director
�" " ` Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 930803 Modification
5

•
Brunswick County—Register of Deeds
Robert J. Robinson 1477Page 108
Inst #80280 Book
06/29/2001 11:27:22an Red 12,4,
STATE OF NORTH CAROLINA DECLARATION OF RBSTIUCTIONS
AND
PROTECTIVE COVENANTS
FOR
COUNTY OF BRUNSWICK
CAPE SIDE SUBDIVISION
THIS DECLARATION is made thiscaDay of Meath,2001,by Coastal Developers,LLC,a
North Carolina Limited Liability Company hereinafter called"Declarant".
RECITALS
The Declarant is the owner of certain real property located in Brunswick County,North
Carolina,which is more particularly described in Exhibit"A"attached hereto and made a part
hereof by reference.
The Declarant proposes to create on such property a subdivision("the Properties"),containing
Lots for single family detached houses.
The Declarant wishes to accomplish the following objectives for its benefit and the benefit of
Owners of property in the Properties by the imposition of the covenants„restrictions and
easements set forth herein:
(a)To maintain the value and the residential character and integrity of the Properties,
(b)To insure the attractiveness of the Properties and to prevent any impairment therof,
(c)To preserve,protect and enhance the quality and value of the natural amenities of the
Properties,
(d)To minimize or eliminate the possibility of any nuisances of disruptions of the peace and
tranquility of the residential environment of the Properties,
(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 or any other persons from building or carrying on any
other activity in the Properties to the detriment of any Owners of property in the Properties,and
(h)To keep property values in the Properties lbIgh,stable and in a state of reasonable
appreciation. R� rC
R � om'
1r
RecA�1_cKN rw—. `
BY
RECEIVED
MAY'2 9 2003
DWQ
PRO,'# 5-6°3 `330So3

Innt if 80280 Book 1477Page: 109
The Declarant wishes to maintain design and location criteria,contraction s1 nations,
iira
other controls to assure attainment of the foregoing objectives,and has established an
architectural review board to which all plans and drawings for proposed construction within the
properties must be submitted and from which written approval must be received for such plans
and drawings prior to the start of any construction within the Properties,as is more fully set forth
hereinbelow.
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 recreation,health,safety,and welfare of the residents.
The Declarant has incorporated under the laws of the State of North Carolina a nonprofit
corporation known as CAPE SIDE Homeowners Association,Inc.("the Association")for the
purpose of exercising the aforesaid functions,among others.
DECLARATION:
NOW THEREFORE,the Declarant hereby declares that all of the Property leased,occupiedd in
used
Exhibit"A"shall be held,mortgaged,transferred,sold,conveyed,
subordinate and subject to the following easements,restrictions,covenants and conditions which
are hereby imposed for the purpose of protecting the value and desirability of these lands and
which restrictions,easements,conditions,and covenants shall touch and concern and run with
title to the real property subjected to this Declaration 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.
ARTICLE I.-DEFINITIONS
The following words and terms when used in the Declarations or any supplemental
Declarations(unless the context shall clearly indicate otherwise)shall have the following
meanings:
Sec'on "Annual Assessment"shall mean an equal assessment established by the Board of
Directors of the Association,for the common expenses as provided for herein or for the purpose
of promoting the recreation,common benefit,and enjoyment of the Owners and occupants of all
Lots.
Section 2. "Association"shall mean and refer to CAPE SIDE Homeowners Association,Inc.,
a North Carolina nonprofit corporation,its successors and assigns.
2

Inst t 80280 Book 14T/Pager 110
S do "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 limited to)certain open areas as conveyed by the.Declarant.
Sectool 4. "Declarant"shall mean and refer to Coastal Developers,L.L.C.its successors and
assigns.
ection S. "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 Lot that has notified the Association in writing of its status,
stating both its name and address and the address of the Lot its Mortgage encumbers,and
requesting all rights under the Association's governing documents and this Declaration.
S n "Living Space"shall mean and refer to 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 g. "Lot"shall mean and refer to any plot of land regardless of size appearing on a
recorded subdivision map of the Properties which has been approved by Declarant as required by
this Declaration(with the exception of any Common Area). Each Lot shall be undeveloped or
d or decreased by resubdivision,the
Lot is increase
shall contain one Residence. In the event any Declaration. This definition
same shall nevertheless be and remain a Lot for the purposes of this D
shall not imply,however,that a Lot may be subdivided if prohibited elsewhere� LotsLots for
Declaration. In the event that an Owner desires to combineResio dence thereon,(2)ormore
adrejoining
combined
the purpose of constructing and maintaining a single
Lots shall from that date forward be deemed one Lot for the purposes of this Declaration.
Section 9. "Member"shall mean and refer to every person or entity who holds membership in
the Association,as provided by this Declaration and in the Bylaws.
on 10. "Owner"shall mean and refer to the record owner,whether one
or more
g contractperons
or entities,of the fee simple title to any Lot which is part of the Properties,
sellers,but excluding those having such interests merely as security for the performance of an
obligation.
Section 11. "Properties"shall mean and refer to the real property as described in Article II,
Section 1 hereof,and any additions thereto as are or shall become subject to this Declaration and
brought within the jurisdiction of the Association under the provisions of Article II hereof.
etion 12. "Residence"shall mean and refer to the improvements to a lot in the form of a
3

/not ik 80280 Book 1477Page: 111
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.
ion 1 . "Setback"or"Building Setback"shall mean and refer to an area along ewithaut
boundary of a Lot where no building or other structure,or part thereof, permitted
the express written permission of the Association.
& ion 14. "Special Assessment"shall mean and refer to any assessment levied by the
Association in addition to the"Annual Assessment"as provided for herein.
e 'on "Subsequent Amendment"shall mean an amendment to this Declaration which
adds property to this Declaration and makes it subject to the Declaration. Such Subsequent
Amendment may,but is not required to,impose,expressly or by reference,additional restrictions
and obligations on the land submitted by that Subsequent Amendment to the provisions of this
Declaration.
ARTICLE IL-PROPERTY SUBJECT TO THIS DECLARATION
AND JURISDICTION OF CAPE SIDE HOMEOWNERS ASSOCIATION INC.
The real property which is and shall be held,transferred,sold,conveyed, and/or occupied
County,subject
J tNo�DC�lina,and more partand within icularly described in the attached Exhibit jurisdiction of the Association is "A".
in.Brunswick
ARTICLE M.-MEMBERSHIP AND VOTING RIGHTS
$ ;0 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 senarated from ownership of
any Lot which is subject to assessment.
ection 2 Articles of Incorporation and By-Laws. A copy of the Articles of Incorporation of
the Association and By-Laws of the Association are attached hereto and made a part hereof.
Section 3. The voting rights of the membership shall be appurtenant 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
name is hereinafter defined. Each Class I Member shall be entitled to one(1)vote I Member.
Lot
owned. In no event shall more than one vote be cast per lot owned by any
Class(b)Class II Member. The sole Class II Member shall be the Declarant. The Declarant shall
be entitled to total votes in an amount equal to twice the number of the Class I votes plus one.
The Class II Membership shall cease to exist and be converted to Class I Membership when
eighty percent(80%o)of the Lots within the Properties.including any property subjected to these
4

Inst M 80280 Book 1477Pagel 112
restrictions via subsequent amendment,have been conveyed 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 cease being the Class 11 Member.
ARTICLE IV.-PROPERTY RIGHTS IN THE COMMON AREAS
ec am1,. Members Easements. The Common Areas shall be for the common use and
enjoyment of the Members of the Association,and each member shall have a permanent
perpetual casement for pedestrian traffic across all such portions of such tracts as may be
regulated by the Association.
Section 2. Easements Appurtenant. The easements provided in Section 1 shall be
appurtenant to and shall pass with the title to each Lot,regardless of whether such easements are
expressly described in any instrument of conveyance.
Section 3. Public Easements. Fire,police,health,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 over all Common Areas within the Properties,for the
purposes of maintenance,construction,sales,development,and/or enjoyment. The easement
herein reserved shall be in addition to,and not in lieu of,any other easements to which
Declarant,its successors and assigns,may be entitled. This easement shall 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 watering system situated on the Common Areas. The
Association will pay the electrical bill in connection with the sign and the water bill in
connection with the common area grass and other plantings. The Board of Directors of the
Association acting by a majority vote shall order all work to be done and shall pay for all
expenses including but not limited to all common utilities on all Common Areas. All work
pursuant to this Section 5 and all expenses hereunder 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 best interest of the Association.
The Association will maintain the landscape easement and entrance sign easement,as well as
the entrance signage itself,which easements are set forth in Article VIII,Section 2 below.
Section 6, Utility Easements. Use of the Common Areas for utility easements shall be in
5

Lost f 80280 Book 1477Page: 113
accordance with the applicable provisions of this Declaration. - ••
Section Delegation of Use.
(a)Family. The right and easement of enjoyment granted to every Owner in Section 1 of this
Article IV may be exercised by members of the Owners'family who occupy the residence of the
Owner within the Properties.
Tenants. The right of easement of enjoyment granted to every Owner in Section 1 of this
(b)Article IV may be delegated by
the Owner to his tenants who occupy a residence within the
Properties.
5egio 8. Ownership. The Common Areas shall be conveyed to the Association upon the
cessation of the Class II Member of earlier,at the discretion of the Declarant. The Association
shall immediately accept �such conveyance. The Association,prior to conveyance,shall,at the
request of the Declarant,perform all work as outlined 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 Common Areas and adjoining properties during periods of
construction for the purpose of construction of any facilities on the Common Areas which the
Declarant elects to build. The Owner of a Lot shall have no personal liability for any damage for
which the Association is legally liable or arising out of or connected with the existence or use of
pnv Common Areas or any other property required to be maintained by the Association.
ARTICLE V.-CnVENANT FOR MAINTENANCE AND ASSESSMENTS
eotio . Creation of Liens and Assessments. The Declarant,for each Lot owned within the
Properties,hereby covenants and each Owner of any Lot by acceptance of a deed therefor,
whether or not it shall be so expressed in such deed,is deemed tocovenant pay
yto
the Association:(1)annual assessments or charges,(2)��assessmentsfor fines imposed a a upon or matters s herein
provided,and(3)special assessments established hereinafter providing a
offenders or violators of the rules and regulations of 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 properties,services and facilities devoted to these purposes and
related to the use and enjoyment of the Common Area,including but not limited to,the cost of
repair,replacement and additions to the Common Areas,the cost of labor,equipment,materials,
payment and supervision thereof;
the of taxes assessed against the Common Area,
the procurement and maintenance of insurance,the employment of attorneys to represent the
6

Inst 1 80280 Hook 1477Page: 114
Association when necessary,the employment of Accoitiitiinfland other professionals*lien
„ecsary,the establishment and maintenance of reasonable reserves for maintenance and
improvement,and such other needs as may arise. The Owner shall maintain the Wires and/or
grounds on each Lot at all times in a neat and attractive manner. Upon the Owner's failure to do
so,the Association may.at its option after giving the Owner ten(10)days written notice sent to
the owner's last known address,or to the address of the subject premises,have the grass,weeds,
shrubs,and vegetation cut when and as often as the same is necessary
o deed acceptance,sole and
ce,agrees that
uncontrolled discretion of the Association. The Owner,by
virtall 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 giving the Owner thirty(30)days written notice sent to his
last known address or the address of the subject premises,make repairs and improve the
appearance in a reasonable and workmanlike manner. The cost of any of the work performedthe
by
the Association upon the Owner's failure to do so shall be immediately due and owing
Owner of the Lot and shall constitute an assessment against the Lot as herein provided The
Association's right to maintain the exterior
oses shall no be deemed a t shall not be construed as its
obligation. Any entry upon the property for maintenance purp
trespass.
Section 3. Capital Contribution. Each Owner of a Lot shall be assessed an amount of
S200.00 for start-up costs which shall be designated a Capital Contribution to the Association. If
any adjoining Lots are combined at the time of closing as odt provided
b below,on the
l be nerr of
ftssuch
a Lot
shall be assessed one(1)Capital Contribution. The Capital
d
transferred to the Association only once for each Lot,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 Associations maintenance obligations),funding
reserves,or to acquire equipment or services deemed necessary or desirable by the Board of
Directors. AU sums paid as Capital contributions are in addition to and not in lieu of regular
assessments for common expenses.
Section 4, Annual Assessments. The Annual Assessments provided for in this Article shall
commence upon the closing of each Lot. The Assessments shall be payable in advance in annual
installments unless approved otherwise,in writing,by the Board of Directors.assessnnual that is
assessment amount may be changed at any time by said Board from any other assessment
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 equivalent to aproration of the number of full months
remaining in the year.
Section 5. Duties of the Board of Directors. The Board of Directors ofthe
the Lots Associationo shall
fix the due date of commencement and the amount of the assessment against
7

Last # 80280 Hook 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 in the office of the Association and shall be open to
inspection by any Owner. Any increase in the Annual Assessment applicableto he Lots which
is less than an increase of thirty percent(30%)over the immediately preceding
s assessment
may be made by the Board of Directors without the consent or approval ut the Members and any
such increase that exceeds thirty percent(30%),excluding 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 atanyime,furnish
the Association,Owner liableablesettin for
an whether
n
assessment a certificate in writing signed by an of officer
such assessment has been paid as to any particular Lot. Such certificate shall be conclusive
evidence of payment of any assessment to the Association therein stated to have been paid. The
Association shall,through the action of its Board of Directors,have the power,but not the
obligation to enter into an agreement or agreements from 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.
�eCtion 6. The Board of Directors of the Association may employ a professional manager or
managerial firm to supervise all the work,labor,services and material required in the operation
and maintenance of the Common area and in the discharge of the Association's duties.
on 7.Effect of Nonpayment of Assessments;the Personal Obligation 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 paid by the Seller at the time of closing. Any assessment
not paid when due shall be delinquent and said assessment shall bear interest from
the date law
nwhich
due at the maximum allowable rate of interest the Association
sa cin may
bring an lain action lien aist
against the Owner personally obligated to pay sama
and/or mayre
the property on which the assessment is unpaid,or may pursueone or re more of such remedies at
amount of
ch
ent
s
the same time or successively,and there shall be claim f lienf and the complaint us� h uch
attorneys fees and costs of preparing and filing
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 Associations shall be entitled to attorneys'fees in connection with any
appeal of any such action. The Board may,in its sole discretion,waive the imposition of interest
as to any delinquent assessment. The Board may bring an action at law against the Owner
personally obligated to pay any assessments and interest or foreclose the lien created herein in the
same manner as prescribed by the laws of the State 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

•
inst / 80280 Hook 1477Pages 116
judgment being entered against the Owner and in favor of the Associatioa;'tlien the Association
shall be further empowered o exv..-utt on that
judgNment
in
Carolina.uhmanner
and to
the extent
provided and permitted by laws of the
StaThe lien of the assessments provided for herein on any Lot shall be subordinate to the lien of
any mortgage or deed of trust representing a first lien on such Lot in favor of any bank,savings
and loan association,insurance company or similar financial 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 deed of
first mortgage
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
t to
f in
a decree of foreclosure on a deed of trust or mortgage thereon or any proceeding
of
foreclosure thereof,shall extinguish the lien of such assessments as to payments which became
due prior to such sale or transfer. No sale or transfer shall relieve
ao such
th Lotfrom
Common liability
or or liens
arising from assese to,and
cfter becoming due.ublic authority may be exempt from the
Properties dedicated to,and acceptedby,
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 of assessments stated in this Section 7,the Owner and all
persons acquiring the title to or an interest in a Lot as to which the
assessment f by judicial sales,
including,without limitation,persons acquiring title by operation
shall not be entitled to the enjoyment and use of recreational facilities,if any,or to vote upon
Association matters until such time as all unpaid and delinquent assessments d �an suwingy from
the selling Owner have been fully paid and the account of the purchasing Owner
satisfied. It shall be the auty,obligation,and responsibility of the Association to enforce
payment of all assessments hereunder in a timely fashion.
ecti Access During Reasonable Hours. For the purpose solely of performing the
maintenance authorized by this Article,including without limitation all of the maintenance and
work permitted under Section 2 of this Article,the Association alone or through enter upon
authorized agents or employees or independent contractors,shall right,
tol not be deemed
any Lot at reasonable hours or at any time in case of emergency. Such entry
a trespass.
Section 9. Effect on Declarant. Notwithstanding any provision that may be contained to the
contrary in the instrument,for as long as the Declarant is the Owner of any
Lot in the
Proe Declaes,
the Declarant shall not be liable for any assessments against such Lot,p
rant
funds any deficit in the annual operating expenses of the Association. Declarant may at any time
and its sole discretion commence paying such assessments as to Lots that it owns and thereby
automatically terminate its obligation to fund any and all deficits of the Association and be due a
refund for any payment in excess of its per lot election. The Declarant shall have the right to
9

Inst 1 80280 Book 1477Page: 117
paymentsel on an annual basis after being provided an annual budget by the
Association.
itsmethod of a
Asation. Such budget shall be prepared by the association assuming the Declarant will pay
on a per lot basis although it is not obligated to do so under the terms of this Section 8.
S lgal/. Exempt Property. The following property,individuals,partnerships or corporations,subject to this Declaration,shall be exempted from each and every assessment,
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 unsubdivided land and/or Units owned by the Declarant.
Section 3 of Article V of this Declaration shall not apply to conveyances from the Declarant
to any Designated Builder nor to conveyances from any Designated Builder to the Declarant,
neither of which conveyances shall be deemed to to be a"sale"
within t the meaning of Builder to anothern 3 party
of
Article V of this Declaration. Any +eyan of Sectionr 3 rt
(other than the Declarant)shall be deemed to be a `sale"within the meaning
of
Article V of this Declaration.
ARTICLE VI.-ARCHITECTURAL REVIEW
The Architectural Review Board(ARB)shall be annually appointed by the Declarant for as
long as the Class II membership exists. The Board shall consist of at least two(2),but not more
than five(5)members. The members do not have to be Owners. At such Board time
f me as the
Class
the II
membership expires,the ARB shall be annually appointed by
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 may employ personnel and consultants to act for it in
whole or in part. In the event of a vacancy on the ARB by death,disability,resignation by any
member the remaining members,in the absence of the Class II members, shall have full
authority to designate a successor.
Except forimprovements or construction made by the Declarant on any Lot or upon any
other arreaea offany 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 improvem«uv and/or changes as may be required by the ARB have
bybethe ARB. Each of the above referenced items may only be placed
and/approved inaccordanceng plans as approved by the ARB. Refusal of approval may
and/or changed in grounds,
in with the aPP in the sole and uncontrolled
be based on any grounds,including purely aesthetic grounds,whichi of any building;wall,
discretion of said ARB seem sufficient. Any change in the appearance
fence,or other structure or improvements and any change in the appearance of the landscaping,
10

That 180280 Book 1477Page: 118
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 carry out the provisions and intent of this paragraph.
The members of the ARB shall be entitled to reimbursement for expenses incurred by any of
approvalth of the Chairman of the ARB and the Board of
Directorsem for services ssociati subject to the act writing)on any and all submissions to it
of the Association.. The ARB shall (inaired fees as herein
within thirty(30)days after receipt of the same and receipt of��y�Provided dfees
s that no
provided or else the submission shall be considered app however,shold thee existh any
submissions of any nature,whatsoever,shall be considered approved
delinquency of assessments on the part of the Owner of the Lot on which the plans are submitted.
All requests and submissions shall be in such form and e establish a contain
such info the eormation as he e ARB
°may
require prior to its being required to act. The ARB may
f
reviewing the plans and related information at the time the plans
submitted
to,ffor review in
order to compensate any consulting professionals,including hc for the
landscape architects,urban designers,and/or attorneys. The ARB shall adoptguidelines
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 that all parties involved comply with the decision of the
had been made by the Board of Directors of the
ARB until the
Appeals
mustf such appealstate the grounds for the appeal and be submitted
Association. Appeals ig legibly written, days of the date of the notification of the ARB.
to the Association or its designee within ten(10)
The Board of Directors shall act upon the appeal by amending,reversing,or confirming the
decision of the ARB within thirty(30)days of receipt of appeal petition. The Board of Directors
decision shall be'uy 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 Properties until the residence has passed the final inspection
of the ARB or the owner has gained written permission of the ARB that A�s on to o occupy
has been granted in advance of,but not in lien of,their final ints sole idincretion+grant of occupy
prior to final inspection may be made by the ARB when,
esthetic
nature of the property per the plans and specifications previously approved has been substantially
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
A eseciation 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 thereof. The paint,stain,coating,and any other exterior colors
and materials shall be maintained on all buildings by the owner thereof as that originally
approved by the ARB. Any change in exterior color or materials shall be deemed a change
requiring approval.
11

Inst i 80280 Book 1477Page: 119
ARTICLE VII.-USE RESTRICTIONS
Section Land Use. All Lots shall be used for residential purposcs only. Declarant-may
maintain sales offices,information centers,models,property management offices,design center
offices,and construction offices upon any Lot owedby it and/or upon the Common n'Area r maytil
be
ail Lots to be located an the Properties and any in the No-Lot
of any Lot
subdivided or its boundaries changed where the result would be a decrease
without the prior written consent of the Declarant. In the event that an Owner from date
or more adjoining Lots for the purpose of constructing a single , as that date
forward,the resulting Lots shall be not be subdivided or its boundarieschanged the soD as tore.
a decrease in the size of the combined Lot without the written permission
5ffaon Nuisance. No noxious,illegal,or offensive activities shall be conducted upon any
Lot or in any dwelling nor shall anything be done thereon or therein which moay n be ofs,offensive,
of may
become an annoyance or nuisance to the neighborhood. The determination
annoyance and/or nuisance shall be in the sole and uncontrolled 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.
Cent0 3. Pets, Owners may keep as pets only companion pets such as birds,domesticated
cats,fish,dogs,and other small mammals. No Owner shall keep exotic
xxoti cats,Prop ways.
man Pets must
primates,insects,horses or other farm Livestock or zoo typethe Pr. Ie shall be the
be on a leash or otherwise restrained when on Common Property or
roadOwner's obligation to safely dispose of waste material from pets. The Board of Directors f the
Association and/or the Declarant shall have the right to
me sh the movall be l ofoany pet which,in
ut
either of their discretion,is considered a nuisance, the sa sariner notice to the pet owner,
compensation to the Owner. In such event,the Board shall give
and the pet shall immediately thereafter be permanently removed from the Property. An
unrestrained pet on Common Property or on a lot of another Owner shall be considered a
nuisance. Failure to clean the waste materi
al from a pet shall be deemed a nuisance.
act on 4 Gardens. No fruit or vegetable gardens or combination thereof may be planted or
the ground prepared for planting without the express written consent of the ARB.
e o , Temporary Structures. No structure of a temporary nature shall be erected,placed,
nr 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 representative.
action 6. Use of Common Area. The Common Area shall not be used in any manner except
as shall be approved or specifically permitted by the Association.
ec Access to Lot. In addition to easements granted elsewhere,the Association,its
12

That 100280 Book 1477Page: 120
agents or employees shall have access to all Lots from time to time during reasonable w�or rig
hours,upon oral or written notice to the owner,as may be necessary for the maintenance,repair
or replacement of any portion of the Common Area. The Association of its agent shall
atao have
access to each Lot at all times without notice as may be necessary to make emergency repairs to
prevent damage to the Common Area,that Lot,or another Lot..
ecti n 8. Recreational Vehicles,Boats,Trailers,Commercial Vehicles. No campers,
recreational vehicles,trailers,boats,motorbikes,motor cycles,tractors,or othervehicles may be
designated or designed as commercial type vehicles either by signs o If a licensingm be
parked or kept within the properties unless parked within an enclosed garage. tion o question arises
regarding the applicability of this Section 8 to a particular vehicle,the determine
ther
that vehicle is subject to this provision shall be that of the Board of Directors of the Association.
ion 2. Signs. No signs or other advertising devices shall be displayed upon any Lot,
Common Area,or any structure thereon without the prior written permission of the Association.
related si s on the Properties until
Declarant,however,may post"For Sale"or other marketing gn
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 removal by the Association without prior notification to the
Owner thereof. Any expense incurred by the Association for removal shall be that of the Owner
and shall,if not paid,constitute a lien against the Owner thereof.
5.. .01.1.11.. Mailboxes. The ARB will establish guidelines 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 mailbox is damaged or needs to be replaced for any
reason,it must comply with the ARB guidelines.
ecti n Garbage Disposal. At the time of the construction of a residence all garbage and
debris from a Lot or residence thereon shall be safely stored within the garage of each residence
until properly disposed. No trash,ashes,garbage,or 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 require a specific method of garbage disposal,nothing
herein contained shall prevent the compliance by Owners and such rules and regulations.
.ection 12 Antennae and Satellite Dishes. No exterior television antennae,radioantennae,
or receptacle devices,including but not limited to"satellite dishes",shall perms n any
Lot without the express written consent of the ARB. Large dishes are not allowed.Eighteen(18)
13

Inst 1 80280 Book 147'lPage: 121
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.
g�xion 13. Regulations. Reasonable regulations governing the use of the Common Areas
shall be promulgated by the Declarant and may be aiueatded from time-to-time by the Board of
Directors of the Association.
'on 4. 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 street.
e Vehicle Storage. No inoperative vehicle or vehicle in a state of noticeablee
disrepair(stripped,partially wrecked,junked,etc.)shall be kept or stored upon any
Common Area nor may any repair work be done to any motor vehicle,boat,trailer,or likewise
upon any Lot or Common Area except for very minor repair work or cleaning.
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
except roadways ex t as may be provided by the Association.
Sect_10.12. Water and Sewer Systems. No individual water system may be installed upon
any Lot with the exception of lawn irrigation systems. No individual sewerage or septic system
may be installed upon any lot.
vttp r or similar lighting of the kind used by public
Section Lighting. No mercury l be permitted on any lot without the prior written consent
authorities for street type lighting shal ion in its sole discretion and may,but shall not be
of the ARB,which may decline permiss obligated to,consider the feelings of any adjoining lot owners.
approved by the ARB in writing,no tree greater than four(4)
S tin 1 . Trees. Except as inches in diameter shall be cut,removed,or intentionally damaged unless such tree interferes
rovements,is dead or diseased,or presents a hazard to persons
with the construction of imp
and/or property.
ecti n 0. Erosion Control. Each Owner shall be responsible for protecting such Owner's
lot against soil erosion and/or sediment run off onto other lots,Common Areas,or any roadway.
Each Lot Owner shall take actions as necessary to prevent erosion during construction including,
but not limited to,silt fencing or similar
control devicesce. Erosion tttrol devices must installed upon any shall be ande in a form
manner approved by the ARB. Any plans y lotash lot
removed prior to occupancy of said residence. Therefore,landscapinge ap plan foreach accordinglyotshall
take into account that erosion control devices are temporary
14

Trust # 80280 Book 1471Parie= 122
•
landscaping that will not contribute to lot erosion of that lot or adjacent areas.
be;enter'to or leaser!by
tiacon 21. Tenants,Lessees,Renters,Boarders. No residence shall an Owner. No residence may be rented or leased
any person except those residences rented by of
for a period of less than twelve(12)consecutive months. It is the ointention
tion the entire ioni22noi
prohibit subletting of rooms within a rtesideiice or the occupancy
the «� Y ode
by boarders or tenants that occupy via monetary compensationor storageO arer, yportion Owner
residence less than the entire residence,including any garageAnyhe name(s)of
leasing his residence shall submit a signed statement to the Association
ending
ndcertifying
dates gf the
the lessee,the mailing address of the lessee,and the beginning 30 of execution lease the
within thirty(30)days of occupancy of the lessee or within thirty(30)days
shall
permitted.
. Itl come tst.he Nes onsibil ty of each Owner leas g ing or leasing of a Lot on a rresidence to provide the
shall be permitted. shall be the respo
lessee therein a copy of all rules and regulations of the Association as well as a copy of this
Declaration of Restrictions and Protective Covenants and any amendments thereto. Upon such
Owner's failure to do so the Association,at its sole option upon providing
fifteen a copy(15)
of days
written notice to the Owner at such Owner's last known address,may and provide a y thereof.said
materials to the lessee and may charge the owner for the prep ens of the Associanion
levied against a tenant for violations of this Declaration or rules or regulations
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.
l
a
ecta_is.n2i. Minimum Living Area Requirements. Every enclosed heatedesidence and cooled minimum
of one thousand four hundred(1,400)square e
devoted to living purposes. This area shall be exclusive of roof edor unroofed porches,sre terraces,contain
decks,and/or garages. In all residences more than one story fe,t of heated and cooled floor area devoted to living
a minimum of one thousand(1,000)squarerequirements each residence;.,a.,
purposes. In addition to the aforementioned minimum area automobilesah res denentirety.ashl
contain an enclosed garage sufficient to contain at least two large dimensions,r
The ARB shall have the authority to determine minimum and/or maximum garage
should the same become necessary,in its sole discretion. shall be
n Outdoor Elements. No clothes lines,clothes poles,or similar equipment
allowed on any Lot. Any outdoor recreational equipment 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.
ec' n 2 Access. There shall be no access allowed to any Lot within the Properties except
that access provided by designated roadways within the Properties.
Secti n 2 . Prohibition Against"Time Sharing"Use. No Lot of structure shall be"time
shared",nor shall any Lot or structure be owned,used or operated in violation of the North
15

Dust / 80284 Book 14rWages 1.23
N.C.G.S.Section 93A-39 et:-seq.as trio same may be amended from
tiCarolina time,Time Share Act, Lot or structure be owned,used or operated so as to constitute such
Lot or uct nor shall mane ha n unit"required to be registered within the meaning of such
Lot structure as a"time sharing
statutory provisions-
�rti0a 2 . Stormwater Management:
per lot is 4,300 square feet. This allotted amount includes
e, Thebuilt-upon
allowable arearee constructed
bns ructed-upon withi the lot property boundaries,and that portion of the right-
of-wayany
between the front rotted pavement. Built-upon area includes,but is
between the front lot line and the edge of the not limited to,structures,asphalt,concrete,gravel,brick,stone,slate,and coquina,but does not
include raised,open wood decking,or the water surface of swimming pools.
b. The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the Division of Water Quality.
c. Filling in or piping of any vegetative conveyances(ditches,swales,etc)associated with the
e driveway crossings,is strictly prohibited by any persons.
development except for average
d. Lots within CAMA's Area of Environmental Concern may have the permitted built-upon
area reduced due to CAMA jurisdiction within the AEC.
e. Each lot will maintain a 30'wide vegetated buffer between all impervious areas and
surface waters.
is All roof drains shall terminate at least 30'from the mean high water mark.
ARTICLE VIIL-EASEMENTS AND SETBACKS
walkway,
maintenance of driveway, parking
Ste.Easements for the installation and eledria power sanitary and/or storm
area,water line,gas line,telephone,cable television, line,installationsanitaryand reserved as
sewer drainage facilities,surface water drainage,and for other utility
outlined on the recorded plat and/or may be granted by the Declarant,its successors and assigns
over any property owned by either of them,and the Association may
reserve and grant additional
easements for the installation and maintenance of the aforementioned utilities,or other necessary
such easements above provided for,
purposes,over and across any Common Area. Within any may
no structure,planting,or other material shall be placed or permitted to he remain
im n whichf or
interfere with the installation of said utilities or which obstruct retard he flow of watr flow r
drainage channels in the easements or which may shall have the continuing righth
drainage channels in the easements. In addition the Association
(but not
teobl�t the flow� easementof mf water dig e aloes easement wer and water located on any Lot as
well as
16

Inat 1 80280 Book 1477Baget 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 reserves unto itself,the Association,their respective successors
and assigns,tiperpetual alienable and releasable easement and r ght'or,•over,and under the
ground upon any Lot to erect and/or maintain,in any manner,all items as outlined by Section 1
above. Said easements shall be ten(10)feet along either 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,
tatives,and/or assigns,shall not be deemed a trespass.
duly appointed represen
Secti_ on 4• Building Setbacks. Building setback areas,over which no residence or other
building or above-ground structure may be erected,shall be established by the Declarant for each
Lot. Such setbacks shall be evidenced on a plat which is duly recorded in the appropriate
governmental office in Brunswick County,North Carolina. 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.-INSURANCE AND CASUALTY LOSSES
section 1. The Association's Board of Directors("the Board"),or its duly authorized agent,
shall have the authority to and shall obtain blanket all-risk insurance,if reasonably available,for
all insurable improvements to or on the Common Area. This insurance,if practical,shall be in
onehuivI re d percent(100%)of the replacement cost of any repair
anr amount g�II i ni iw ev t or destruction from any insured hazard wtuuu the
or reconstruction in the event of damage
Common Areas.
At the discretion of the Board,it may also obtain a public liability policy covering the
Con*non Area,the Association and its members for all damage or injury caused by the .
negligence of the Association or any of its Members of agents. If reasonably available,at the
discretion of the Board,the public liability policy shall have at least a One Million u�l a Three
($1,000,000.00)single person limit with respect to bodily injury and property 00hr e)
Million Dollar($3,000,000.00)limit per occurrence,and a One Million Dollar($1,000,
minimum property damage limit.
At the discretion of the Board,it may also obtain a policy protecting its officers and directors
from liability and every director and officer of the Association shall be indemnifiedbythe
Association against all expenses and liabilities,including attorney's fees,reasonably incurred by
or imposed upon hint/her in connection with any proceeding to which he/she may be a party,or
in which he may become involved,by reason of his being or having been a director or officer of
17

Inst t# 80280 Book 1477Page: 125
the Association,whether or not he/she is a director or officer at the time such expense
incurred,except in such cases wherein the director or officer is adjudged��nty he event of willful
any
misfeasance or malfeasance in the performance of his duties;provided,he Board of
claim for reimbursement or indemnification herein shall only
n nl tip best apply
if the
erest o the of Directorso The
approves such settlement and reimbursement as being
foregoing right of indemnification'shall be in addition
'and'not exclusive of any and all other
rights to which such director or officer may
ed.
14M.1. 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 any structures contained thereon. Each owner further
less
covenants and agrees that in the event of a partial loss or damage and destruction resulting
than total destruction of the structures upon his Lot,the Owner shall proceed promptly to repair
or to reconstruct the damaged structures)in a manner consistent with the original construction as
approved by the ARB unless otherwise approved by the ARB. In the event that the structure is
totally destroyed and the Owner determines not to repair or to reconstruct,the Owner clear
the Lot of any and all debris and return it to the natural state in which it existed prior
beginning of construction within ninety(90)days of the date of the destruction.
ARTICLE X.-NO PARTITION
Except as permitted in this Declaration or any amendment hereto,there shall be no physical
thereof,nor shall any person acquiring any interest in
partition of the Commonr Area or any part such judicial partition,unless the Properties have been
the properties or any part thereof seek anyprohibit
removed from the provisions of this Declaration. This article
tangible notper be l pi construed perty nor m
the Board of Directors from acquiring and/or disposing
acquiring title to real property which may or may not be subject to this Declaration.
ARTICLE XL-RULES AND REGULATIONS
Byvirtue of taking title to a Lot subject to these
c - on 1. covenants,ance everyby Owners. 1 with the restrictions and covenants set
restrictions and Owner shall comply be adopted t the
forth herein and any and all rules and regulations which from time to time may
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 grounds for action which may include,without limitation,an
action to recover sums due for damages,injunctive relief,or a combination thereof. Failure i
the Association to enforce any restriction,covenant,and/or rules and regulations at any point
n
time shall not be deemed a waiver of the right of the Association to do so thereafter.
ARTICLE XII.-DECLARANT'S RIGHTS
18

Inst 8 80280 Book 1477Page: 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 provided further,no such transfer shall be effective unless it is
in a written instrument edNy the� l�t and duly recorded in the Office of the Register of
Deeds of Brunswick County, Carolina. .
Notwithstanding any provisions contained in the Declaration to the contrary,so long as the
sale of Lots shall continue by the Declarant or the Declarant'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 ay be not to,blysrequired offices,
convenient,or incidental to the sale of such Lots,including,
signs,model units,and sales offices. The Declarant
shall ehaves an
a easementtivities for
access
such
facilities. The right to maintain and carry bythe Declarant,if shall
include
any which
specifically the right to use residences owned(or leased)
may be owned by the Association.
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 revieshall and
written
t insci onsent declaration thereto,
and
any
recordation without such compliance herewith
ueuc approved by
similar instrument being void and of no force and effect unless subsequently'
recorded consent signed by the Declarant.
This Article shall not be amended nor deleted by amendment t these d in this
nd
protective covenants except by the Declarant;p of thise Declaration
Article shall terminate upon the expiration of the initial period
ARTICLE XIII.-GENERAL PROVISIONS
Section 1. Severability. Invalidation of any one of these covenants or orrestrictions,a court .�urto��
section thereof,or any rule or regulation of the Association by judgment
shall in no way affect any other provisions which shall remain in full force and effect.
ecti n 2 Term. The covenants and restrictions 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.
fim_don.1 Amendment. This Declaration may be amended by an instrument signed by the
Owners of not less than sixty-seven percent(67%)of the Lots,or as otherwise provided for in
this Section 3.
The Declarant,without the consent or approval of another,shall have the exclusive right and
privilege to amend this Declaration to conform to the requirements of law or governmental
19

Inst i 60200 Book 1477Pager 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 lending agency requiring an amendment AS condition of
approval,or suggesting an amendment,shall be sufficient evidence
Dcelof the
nt to sappend in accord with
proval of such
amendment of such corporation of agency and shall permit the
such leiter.
e office
for BrunswickNo en County or�sun tar goe effect vernmental office of public l it is duly recorded in 1records.of the Register of Deeds
echo shall be commenced or 4 Litigation. No judicial or administrative proceeding prosecuted by the Association unless approved by not less than sixty seven percent(67%)of the
members of the Board of Directors at a regular meeting or at a special meeting duly called
therefor, This section,however,shall not apply to(a)actions brought by the Board to enforce the
provisions of this Declaration,including,without limitation,the foreclosure liens,(b)
the
imposition and collection of assessments,(c)proceedingsbroughtaims ingby the es Association valorem
taxation,or(d)defenses,counterclaims or third-party
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.
CO. ���,►,, LO' L
A 'i i< ''`,rty Cc A �
By: At" `;ter,
rrh •
STATE OF NORTH CAROLINA
ACKNOWLEDGMENT
COUNTY OF BRUNSWICK
I, / ,y '/3 %//i2�t�tt�I�lbd a Notary Public,do hereby certify that JALe_
L• _ Da_ Manager/Member of Coastal Developers,L.L.C.,a North
Carolina Limited Liability Company,personally appeared before me this day and acknowle ed
the a ecution of the foregoing instrument. Witness my hand and notarial seal this the Z' day
of 2001.
(SEAL)
Notary Public
OFFICIAL SEAL My Commission Expires: if/f/er
1141.0411..
.1 r ./ BRUNSVAOKCOONTY
• '.-1, TNOMAS a.7NROCKMORTON 20
u-Conunbadan ran maws
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK THOMAS B THRbCKMORTON
The Foregoing(or annexed)Certificates)of
Notary(ics)Public is(arse)Codified to be Correct Z 9th nay of June 2�I
This Instrument was filed for Registration on this_
In the Book and Page shown on the First Page herb°£
sster.rn
ROE J.�pu'ro�N, ----r--

let t 80280 Book 1477Paae: 128
•
Re:Register of Deeds at
STATE OF NORTH CAROLINA Brunswick County
COUNTY OF BRUNSWICK
MORTGAGEE CONSENT
CENTURA BANK(CENTURA)beneficiary under a Deed of Trust dated
December 11,2000,and recorded on December II,2000 in the Public Records at
Book 1421,Page 866(as amended from time to time,the"Security Deed"),for
itself and its successors and assigns,consents to recordation of the foregoing
Declaration of Protective Covenants,Restrictions,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 anyserves as f tyoreclo for re or
the debt evidenced by the Security Deed and further agrees
thatenforcement of any other remedy available to Centura under the Security Deed
will not render Did or otherwise impair the validity of the Declaration.
Dated (ltA� 25 ,2001
CENTURA BANK
0
13y: W —Title:
.certify that
skisi
e ett P. St acknowledgedthat he(or she)is
parsonaQy Dame ore me this day and
a corporation and that he/she
Bank Officer of Century Bank to do so,executed the foregoing
as Bank Officer being authorized
on behalf of the corporation.
�1t1:i�r;?r,104 J this the 25th day
�''A .Th l r Vitness my hand end official seal or stamp,
7 r b",aai fa){q., — .- June t "gi eia,64;. iXr"""
' C� �!'�'ci ar Rotary Public
I� M1 17A�`," pnimission expires
5/12/2002
? $�'3-out.e :› ,t
33

Inst it 60280 Book 1477Page: 129
EXHIBIT"A"
All those certain pieces,parcels or lots of land situate,lying and being in Shallotte Township,
Brunswick County,Morth Carolina,being shown and described as Lots 1through 17,inclusive,
and Lots 45 through 78,inclusive,Section One,Cape Side,end Lots 18 through 44,inclusive,
Section Two,Cape Side,on Plat of Survey for Section One,Cape Side,prepared by Thomas W.
Morgan,P.LS.,dated March 15,2001,and recorded 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.LS., dated March 15, 2001, and recorded in the aforesaid Registry in Map
Cabinet 24 at Page 117.
Together with all common areas,easements and rights-of-way shown on the aforesaid plats.

P. 1
* * * COMMUNICATION RESULT REPORT ( MAY.18.2001 3:03PM )
TTI NCDENR NIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
148 MEMORY TX 9-7635631 OK P. 1/1
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
North Carolina
Department of Environment and Natural Resources
Division of Water Quality '
Wilmington Regional Office
Michael F. Easley,Governor NCDE4R
William d .Ross,Jr. Secretary
NORTH CAROLINA DEPARTMENT OF
ENVIRONMEIrr AND NATURAL REROUROCS
FAX COVER,SHEET
Date: _ -May 18, 2001 No. of Pages: 1
To: Phil Tripp From: Scott Vinson
Company: Tripp Engineering 1 Water Quality Section- Stormwater
FAX #: [phone] F #910-350-2004
Phone#[phone]
DWQ Stormwater Project Number: SW8 930803 Modification
Project Name: Cape Side Subdivision aka. Georgetown Estates Subdivision
MESSAGE:
Phil,
Please forward the following information regarding the above mentioned project in order to continue
the application review process:

North Carolina
Department of Environment and Natural Resources
i►p•
Division of Water Quality Aet117111111
1 T)p•:fk
Wilmington Regional Offic
e
g
Michael F. Easley, Governor NCDENR
William G. Ross,Jr., Secretary NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAX COVER SHEET
Date: May 18, 2001 No. of Pages: 1
To: Phil Tripp From: Scott Vinson
Company: Tripp Engineering Water Quality Section - Stormwater
FAX#: [phone] FAX#[phone]
Phone #[phone]
DWQ Stormwater Project Number: SW8 930803 Modification
Project Name: Cape Side Subdivision aka. Georgetown Estates Subdivision
MESSAGE:
Phil,
Please forward the following information regarding the above mentioned project in order to continue
the application review process:
1. Have the wetland roadway crossings and fill areas been approved? If so please provide
documentation. Ifnot the issuance of this permit may be held until such approval is granted.
The Nationwide Permit No.26 that was submitted on May 14, 2001 is no longer a valid permit.
Please contact Mr. Alan Davis with the Army Corp. of Engineers for a 404 permit as well as Mr.
John Dorney with the Division of Water Quality's Wetland Unit to apply for a 401 permit.
S:\WQS\STORM WAT\ADDINFO\930803.MAY /
yereP:0)40>rv)2//) 41? f 14 €
„i rev- 114
4 Akel wit
127 Cardinal Dr. Ext.,Wilmington,North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper

• 05/14/2001 07:22 9107635631 TRIPP ENGINEERING PAGE 01
•
�.
N S v)8 430803 D
RECE `IY .
MAY 14 2001
TRIPP ENGINEERING, P.C. DWQ
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
LETTER OF TRANSMITTAL
Job No. 041213
To: NI C DEN"g- Date: 05 -14'O1
Attention: ..SC6ff— V I AS'on Subject: Side. �1.10111
C �I eflotat O George
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER "j E5,`, et
I am sending you: ('ATTACHED ( ) UNDER SEPARATE COVER
( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( yPJther
Copies_ Item No. Descpption
11, I4eUUAAd i nc -Prt,f et 10 rp s
These are transmitted as checked below:
( ) For Approval ( ) For Your Use ( ) Sign & Return (/r Review
Remarks:
cc:
Signed:'I) U - . 4, _ _

05/14/2001 07:22 9107635631 TRIPP ENGINEERING PAGE 09
Q,^ DEPARTMENT OF THE ARMY
aT c', WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO. BOX 1a90
WILMINGTON,NORTH CAROLINA 28402-1890
October 13, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID. 199304804
Mr. Peter J. English
English Pavco Investment corporation
1480 'Ocean Avenue
Sea Bright, New Jersey 07760
Dear Mr. English:
Reference the surveyp
plat dated Se tember 23, 1993, of your property
located on S.R. 1163, between the Pearl and Sea Trail Golf Courses, near
Grissottoz.-n, Brunewic)c County, North Carolina. The plat aa.:urately depicts
the location and extent of wetlands on the ro ert P p y. Unless there is a change
in the law or our published regulations, this' determination of the limits of
wetlands may be relied upon fbr a period not to exceed three years from the date of the survey plat.
Pursuant to Section 404 of the Clean Water Act, prior Department of the
Army approval is required for the discharge of dredged or fill material in
waters of the United States, including wetlands.
If you have questions, please contact Rudolf Schiener, Wilmington Field
Office, Regulatory Branch, telephone (919) 251-4629.
Sincerely,
v. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
asr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
M MOM: d: W. Morgan
1027 Sabbath Home Road, SW
Supply, North Carolina 28462
- I

05/14/2001 07:22 9107635631 TRIPP ENGINEERING PAGE 03
-:45q7 `_y DEPARTMENT OF THE ARMY
I
WILMINGTON DISTRICT, CORPS OF ENGINEERS
hm'Jr
P.O.BOX 7890
WILMINGTON,NORTH CAROLINA 28402.1890
November 12, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199304804 and Nationwide Permit No. 26 (Headwaters and I,zclaated
Naterc)
Mr. Peter 7. English
English Pavco Investment Corporation
1480 Ocean Avenue
sea Bright, Mew aersey 07760
Dear Mr. Engliehz
Through coordination with Mr. Thomas W. Morgan, your agent, we have
learned of your plane to fi:.l C.23 ac4aa ,,g weL3.a21ds of an unnamed tributary
to Calabash Creek, on your property located on S.R. 1163, between the Pearl
and Sea Trail Golf Courses, near Griseettown, srunewiek county, North
Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR) , Part 330.6, published in the Federal
Register on November 22, 1991, Bets nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for diechargee of
dredged or fill material into headwaters and isolated waters.
Your work is authorized by thin nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM) and, in the coastal area, a
consistency determination from the North Carolina Division of Coastal
Management (NCDCM) , You should contact Mr. John borney, telephone (919) 733-
1786, regarding water quality certification, and Mr. Steve Benton, telephone
(919) 733-2293, regarding consistency determination. This nationwide permit
does not relieve you of the responsibility to obtain other required State or
local approval.
.....n data om 61Lrd .La L...az.
unleee the nationwide authorization le modified, reissued or revoked. Also,
thin verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization le reissued without modification or the
activity compliee with any subsequent modif4s-ration of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms end conditions of the nationwide permit,
activities which have commenced (i.e. , are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity be completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority ham been exercised on a case-by-cane basis to modify,
suspend, or revoke the authorization.

05/14/2001 07:22 9107635631 TRIPP ENGINEERING PAGE 04
-2-
Questions or comments may be addressed to Mr. Rudolf Schirmer, Wilmington
Field Office, Regulatory Branch, telephone (919) 251-4629.
Sincerely,
O. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure) :
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Foot Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Johan Dorney
Division of Environmental Management
North Carolina Department of
Bnvironment, Health and
Natural Resources
Poet Office Box 29535
Raleigh, North Carolina 27626 0535
Mr_ C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
jilt. Thomas W. Morgan
1027 Sabbath Home Road, SW
Supply, North Carolina 28462

j RECEIVED
TRIPP ENGINEERING, P.C. i�YAPR 0 6 2001
0
419 Chestnut Street
'
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
:
April 2, 2001
NCDENR
Division of Environmental Management
Water Quality Section
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Mr. Scott Vinson
Re: Cape Side Subdivision (formerly known as Georgetown Estates)
SW8 930803 Modification
TE 00123
Dear Scott:
In response to your correspondence dated February 16, 2001, we offer the following:
1. We enclose a copy of the appropriate USGS map with the site delineated. We
have taken a second sample and enclosed the results for your use.
�1�C 2. The wetland crossings have been approved. We enclose a copy of the
L documentation from the Corps for your use.
���,�5 rP
,Y ''3. We have included a high spot downstream from the wetland crossing to direct
Vn runoff into the wetlands and not away from the wetlands.
55/ 1 t o \l4. We have revised the calculations to reflect the additional street impervious.
v Streets = 80,500 sf
.*0 -.4j Lots 78 @ 4300 sf =335,400 sf
-1a4 -, ` 415,900 sf
4'A' 'CY`1, 415,900 sf/ 1,407,425 sf = 29.6%
fir
Please note we include portions of the application to reflect the above revisions, as
well as the name change from Georgetown Estates to Cape Side Subdivision.
Please review for approval and contact us with any questions, comments or if you
need additional information. Thank you.
Sincerely,
ip, Engineering P.C.
+ i
Phillip G. Tripp, P.E.
PGT:dcb
Enc.

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INTERIOR-GEOLOGICAL SURVEY.WASHINGTON.O.C-1anS
78°30'00"
'ILE
INDEX TO BOUNDARIES INDEX TO ADJOINING SHEETS
5`
78.45'00" 78°37'30" 78°30.00" 78°22'30"
31 2 � 34°07.30"
it do i
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North Carolina 133°45'00"
A.Columbus County Sheet 5251 I NE falls within NI 17-8,
AMS V501,1:250,000
I.Bug Hill Township
B.Brunswick County
2.Waccamaw Township
''i a' 3.Shallotte Township
South Carolina
C.Hurry County
4.Little River Township
CALABASH RI, C., S.C.
N3352.5-W7830/7.5
SZA V9 9 0R(a2, i/C-i

MAR, 28, 2001 2:39PM OXFORD LABS NO. 8089 P.
Analytical and Consulting Chemists
0 FORD 1316 South Fifth Street
Wilmington, N.C. 28401
toratories [phone]
C. DATE RECEIVED 02 1 9-0 l Fax[phone]
DATE REPORTED O F-21-01
01W6573
PAGE 1 OF 1
TRIPP ENGINEERING PC P . 0, S CALABASH CREEK
507 CHESTNUT'ST.
WILMINGTON, NC 28401
ATTENTION: PHILLIP TRIPP
SAMPLE DESCRIPTION! 1 CHLORIDE 02- 1 6-01
1 . CALABASH CREEK 02-16-01
RESULTS
1
Chloride , Bs Cl PPM 13
ROGER OXFORD. CHEMIST

sikt9 93O 3r 3 rtV oI)
March 30, 2001 TE 00123
Stormwater Narrative
Cape Side Subdivision
(formerly Georgetown Estates Subdivision)
Brunswick County, NC
Georgetown Estates is an existing tract of land with a total area of 32.31 acres.
Stormwater will be handled by low density roadside swales. Runoff will drain to the
Calabash River Classified "SA"
Proposed impervious areas include 80,500 sf of asphalt paving and 78 residential lots at
4,300 sf of built upon area per lot totaling 415,900 sf of impervious area. The total
percent impervious is 29.6%.

P. 1
* * * COMMUNICATION RESULT REPORT ( FEB.16.2001 9:39AM )
- TTI NCDEN: -IRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
493 MEMORY TX 9-7635631 OK P. 1/1
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
North Carolina
Department of Environment and Natural Resources 74\
l
Division of Water Quality
31‘
Wilmington Regional Office
Michael F. Easley, Governor NCDENI
William G. Ross,Jr., Secretary NoRTN C.AROIINA DCFARTMENT o�
ENVIRONMENT AND NlduRAL Rwsourices
FAX COVER SHEET
Date: February 16,2001 ( No. of Pages: 1
To: Phil Tripp From: Scott Vinson
Company: Tripp Engineering Water Quality Section-Stormwater
FAX#: [phone] FAX#[phone]
Phone#[phone]
DWQ Stormwater Project Number: SW8 930803 Modification
Project Name: Georgetown Estates Subdivision
MESSAGE:
Phil,
Please forward the following information regarding the above mentioned project in order to continue
the application review process:

North Carolina
Department of Environment and Natural Resources
1 • �
Division of Water Quality �� i.
Wilmington Regional Office
Michael F. Easley, Governor NCD EN R
William G. Ross,Jr., Secretary NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAX COVER SHEET
Date: February 14,2001 No. of Pages: 1
To: Phil Tripp From: Scott Vinson
Company: Tripp Engineering Water Quality Section - Stormwater
FAX#: [phone] FAX#[phone]
Phone#[phone]
DWQ Stormwater Project Number: SW8 930803 Modification
Project Name: Georgetown Estates Subdivision
MESSAGE:
Phil,
Please forward the following information regarding the above mentioned project in order to continue
the application review process:
1. Please provide evidence that the site drains to the road where the sample was taken. It
appears from the quad map given and other maps in office that you would need to take the
chloride test sample from the body of surface water that drains down to the Calabash River.
The test sample needs to be taken from a point in the receiving stream at least 1/2 mile
downstream from the project site outlet. A sample can not be taken from any point 1/2 mile
away from the project site. A second test sample will need to be collected, at least 3 days
after any significant rainfall,and analyzed. Provide a USGS map indicating the new sample
site.
2. Have the wetland roadway crossings and fill areas been approved? If so please provide
documentation. If not the issuance of this permit may be held until such approval is granted.
3. Between lots 31 and 32 please empty the roadside swales into the wetlands and berm up a
portion of the downstream swale so that the swale will not inadvertently drain the adjacent
wetlands.
4. Please verify the amount of impervious area given for the roads. By my rough scaling and
calculations over 80,500 square feet of road is shown on the plans and only 72,000 sf is
proposed in the application.
S:\WQS\STORMWAT\ADDINFO\930803 Modification.FEB
127 Cardinal Dr.Ext.,Wilmington,North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10%post-consumer paper

IIt 01/10/1997 05:17 9107635631 TRIPP ENGINEERING PAGE 91
0
TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wihnington, North, Carolina 28401
Phone: [phone] • FAX: [phone]
LETTER OF TRANSMITTAL
Job No. WU
To: t4e,DEat Date: 1• 11. ai
Attention: &IOLS.L - tthluadAlm Subject: VLeOt &1DM4 ES-1ATes
XFAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER 4 (&wswlcli 6 ,
I am sending you: ( ) ATTACHED ( ) UNDER SEPARATE COVER
( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( ) Other
Conies Item No. . Description
.64Ig'4lbi 'r r 17.6SuLTS 1 *xl) resit_
.
u KaiLo c L7NAM* C'egdc -
These are transmitted as checked below:
( ) For Approval ($ For Your Use ( ) Sign & Return ( ) Review
Remarks: 11114641 r?UOIt LNet 1140 1N1vil C 04. iGFCbe41- 4Thignotairgs.
>s dbf 1 . 'Adam,• Cougar Ili u►t i" COOleS4t*4 tn„
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Signed: ,imm....

01/10/1997 05:17 9107635631 TRIPP ENGINEERING PAGE 02
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01/10/1997 05:17 9107635631 TRIPP ENGINEERING PAGE 03
0
Analytical and Consulting Chemists
FORD 1316 South Fifth Street
toratories Wilmington, N.C.: 28401
DATE RECEIVED 01-0 5-01 [phone]
C. DATE REPORTED 01-0 9-01 Fax[phone]
01W5670
PAGE 1 OF 1
TRIPP ENGINEERING PC P . O. #
507 CHESTNUT ST.
WILMINGTON, NC 28401
ATTENTION: CHARLES CAZIER
SAMPLE DESCRIPTION: 1 CHLORIDE ANALYSIS 1 -5-01
1 . UN-NAMED TRIBUTARY CALABASH CREEK 01-05-01
RESULTS
1
Chloride, as Cl , PPM 17 Ir1
SENIOR ANALYST
A YST

TRIPP ENGINEERING, P.C. Nvr
419 Chestnut Street
4 � afr 0
Wilmington, North Carolina 28401 :. `� — _„
Phone: [phone] •• FAX: [phone]_
i— :fig Jf'sp ,� 1
JAN Q 4 2001 .a -..42,=,- =
Cl2A123ael
January 4, 2001
NCDENR
Division of Environmental Management4___ 0(9
Water Quality Section 4O jQ
127 Cardinal Drive ��(�
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis �/
Re: Georgetown Estates Subdivision
px,,nswicic- ounty, NC
SW Project No. 930803
TE 00003
Dear Linda:
We are applying for a modification to the existing permit for the above referenced
project. Enclosed please find two (2) sets of plans, one (1) signed original and one (1)
copy of the application form with narrative, one (1)low density supplement and one
check for the application fee.
Please review for approval and contact us with any questions or comments.
Thank you.
Sincerely,
Tri a p Engineering, P.C.
liii.
Philip G. Tripp PE.
PGT:cdc
Enc.