SW8050239_Historical File_20110628

ATA
F1bENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 28, 2011
Mr. Bert Exum, President
XDV, Inc.
P.O. Box 1967
Wilmington, NC 28402
Subject: Stormwater Permit No. SW8 050239 Mod.
Palmetto Creek of the Carolinas
High Density Subdivision Stormwater Project
Brunswick County
Dear Mr. Exum:
The Wilmington Regional Office received a complete, modified Stormwater Management Permit
Application for Palmetto Creek of the Carolinas on May 16, 2011. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater Regulations
set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 050239 dated June 28, 2011,
for the construction, operation and maintenance of the built-upon areas and BMP's associated with the
subject project.
The modifications covered by the attached permit include the following:
1. Redesigned the two (2) previously permitted non-discharging wet pond systems for a 1.5"
design storm and a discharge via an orifice designed for a 2-5 day drawdown. Irrigation will
continue to be allowed, subject to the Division's policy for irrigating from a wet pond.
2. Reduced the project area due to a property area overlap with the adjacent project, The
Reserve at Palmetto Creek, under SW8 051045.
3. Reduced the total number of lots from 341 to 337. Associated built-upon areas for those lots
still owned by the developer have also been reduced.
4. Minor changes to the drainage area and impervious areas for the wetland systems.
5. Added a level spreader and vegetated filter strip system to mitigate for the piped collection
system from Liset Court and the area behind Lots 62-66 off Serrulata Drive in Section 2.
This permit supersedes the one issued on June 7, 2005, and shall be effective from the date of issuance
until June 7, 2015, and shall be subject to the conditions and limitations as specified therein. Please pay
special attention to the Operation and Maintenance requirements in this permit. Failure to establish an
adequate system for operation and maintenance of the storrnwater management system will result in
future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing by filing a petition with the Office of Administrative Hearings (OAH). The
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. A petition is considered filed when it is received in
the Office of Administrative Hearings during normal office hours. The OAH accepts filings Monday
through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The
petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is
received in the OAH within seven (7) business days following the faxed or electronic transmission.
Unless such demands are made this permit shall be final and binding. You should contact the OAH with
all questions regarding the filing fee and/or the details of the filing process. The mailing address,
telephone and fax numbers for the Office of Administrative Hearings are: 6714 Mail Service Center,
Raleigh, NC 27699-6714. Telephone [phone]. FAX [phone].
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One
Phone:[phone] FAX:[phone]\Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org Naturally
An Equal Opportunity l Affirmative Action Employer

State Stormwater Management Systems
Permit No. SW8 050239
If you have any questions, or need additional information concerning this matter, please contact
Linda Lewis, or me at(910) 796-7215.
Sincerely,
Coleen H. Sul ins, Director
Division of Water Quality
GDS/arl: S:1WQS\Stormwater\Permits & Projects120051050239 HD12011 06 permit 050239
cc: Jeff Petroff, P.E., Coastal Land Design
Brunswick County Inspections
Wilmington Regional Office Stormwater File
Page 2 of 10

State Stormwater Management Systems
Permit No. SW8 050239
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
XDV, Inc.
Palmetto Creek of the Carolinas
1500 NC 211 at Palmetto Creek Way, Bolivia, Brunswick County
FOR THE
construction, operation and maintenance of three (3) wet detention ponds and five (5)
wetland infiltration basins in compliance with the provisions of 15A NCAC 2H .1000
(hereafter referred to as the "stormwater rules') and the approved stormwater
management plans and specifications and other supporting data as attached and on file
with and approved by the Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until June 7, 2015 and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This subdivision is permitted for a maximum of 2,363,363 square feet of built-
upon area which equates to an overall maximum density level of 30%, based on
a project area of 180.85 acres.
3. Each of the 337 lots is limited to a maximum amount of built-upon area as listed
in Section II.14(f) of this permit.
4. The stormwater systems have been approved for the management of stormwater
runoff as described in Sections 1.6 and 1.7 of this permit. Wet detention ponds
designated as IA, 1 B and 2 have been designed anc permitted to treat the
runoff from a maximum built-upon area of 505,235 ft , 77,850 ft2 and 191,442 ft2,
respectively.
5. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
Page 3of10

State Stormwater Management Systems
Permit No. SW8 050239
6. The following design parameters have been approved for the wet detention pond
systems, and must be maintained at design condition in each BMP:
Pond 1A Pond 1 B Pond 2
a. Drainage Area, acres: 35.52 7.51 16.76
b. Total Impervious Surfaces, ft2: 505,235 77,850 191,442
Lots, ft : 315,600 60,000 143,750
Streets, ft2: 123,960 15,600 45,192
Sidewalks, ft2: 11,620 2,250 2,500
Other (Amenity Center), ft2: 54,055 0 0
c. Design Storm, inches: 3.93 1.5 3.93
d. Average Design Depth: 3.0 3.5 3.0
e. Permanent Pool Area, ft2: 224,172 51,456 64,018
f. Permanent Pool Elevation, fmsl: 27.83 30.75 28.33
g. Temporary Pool Elevation, 'msl: 28.5 31.0 29.25
h. Temporary Pool Volume, ft : 154,453 12,946 60,732
**i. Forebay Volume, ft : n/a n/a n/a
j. Maximum Fountain HP: n/a n/a n/a
k. Orifice Diameter, inches: 6.0 3.0 4.0
I. Receiving Stream / River Basin: Scotts Branch / LBR59
m. Stream Index Number: 15-25-1-10
n. Classification of Water Body: "C Sw"
**The forebay requirement is being waived because the ponds were previously permitted as no-discharge
ponds and no physical alteration to the ponds is needed to convert them to discharging ponds.
7. The following design parameters have been approved for the wetland infiltration
basin systems, and must be maintained at design condition in each BMP:
Wetland Basin # #1 #2 #3 #4 #5
a. Drainage Area, ac 8.91 16.49 3.82 10.12 6.32
b. Impervious Area, ft2: 124,177 255,898 36.620 133,642 85,256
c. Perm. Pool El., FMSL: 20.0 21.0 20.0 21.0 20.0
d. Temp. Pool El., FMSL: 22.0 23.0 21.0 23.0 23.0
e. Temp. Pool SA, ft 20,573 22,950 9,350 17,802 7,900
f. Required Volume, ft3 10,694 22,215 4,666 14,939 8,639
g. Permitted Vol., ft3 24,233 27,775 5,856 20,424 11,215
II. SCHEDULE OF COMPLIANCE
1. No homeowner/lot owner/developer shall alter any feature of the approved
stormwater drainage system shown on the approved plans without first
submitting a revision to the permit and receiving approval from the Division.
2. The permittee shall monitor the project's built-upon areas on a routine basis to
ensure that the proposed built-upon area for the project and for each lot,
including driveways and sidewalks, does not exceed the allowable maximum
built-upon area assigned by this permit. Built-upon area limits on individual lots
may not be revised without approval from the Division of Water Quality.
3. If an Architectural Review Committee (ARC) is formed to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built-upon area. Any approvals given by the ARC on behalf of the permittee do
not relieve either the permittee or the homeowner of the responsibility to maintain
compliance with the permitted BUA limit.
Page 4 of 10

State Stormwater Management Systems
Permit No. SW8 050239
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Redesign or addition to the approved amount of built-upon area.
c. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
d. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
7. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built-upon surface.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
10. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
11. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
Page 5 of 10

State Stormwater Management Systems
Permit No. SW8 050239
12. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
13. Prior to transfer of the permit, the stormwater facilities must be inspected by
DWQ personnel, and determined to be in compliance with all permit conditions.
Any items not in compliance must be repaired or replaced to design condition
prior to the transfer. Records of maintenance activities performed to date will be
required.
14. Prior to the sale of any lot, deed restrictions must be recorded which limit the
built-upon area per lot to the amount as shown on the Project Data Sheet, per
Section I. The recorded statements must follow the form:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 050239, as issued
by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
c. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,
Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. Each lot is limited to the following maximum amount of built-upon area:
Section 1 - Lots 3-7, 11-14, and 20 at 6,§00 ft2; Lots 8-10 and 15-19 at
5,500 ft2; Lots 1, 2, and 21-58 at 5,400 ft .
Section 2 - Lots 6, 7, 10, 16,22, 23, 25, 26, 30, 50, 53-57, 62, 71, 76,
121, 126, and 142 at 5,500 ft ; Lots 1-5, 8, 9, 11-15, 17, 18, Tract 2C, 20,
21, 24, 27-29, 31-49, 51, 52, 58-61, 63-70, 72-75, 77-120, 122-125, 127-
141, and 143-146 at 5,930 ft2.
Section 3 - Lots 1-65 at 3330;
Section 4 - Lots 5 6, 9-14, 16-23, 27-36, and 62 at 4,000 ft2; Lots 2-4, 24
and 45 at 3,556 ft2; Lot 63 at 4,756 ft2; and Lots 1, 7-8, 15, 25-26, 37-44,
46-61, and 64-68 at 3,500 ft .
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. There is no allocation
for future development.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built-upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that naturally drain
into the system are not required to provide these measures.
Page 6 of 10

State Stormwater Management Systems
Permit No. SW8 050239
15. 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 bear the signature of the Permittee, the deed book number and page,
and the stamp/signature of the Register of Deeds.
16. This permit shall become voidable unless the facilities are constructed in
accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data.
17. 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. This permit is not transferable except after notice to and approval by the Director.
At least 30 days prior to the dissolution of the LLC, a change of ownership, a
name change of the Permittee, or of the project, or a mailing address change,
the permittee shall submit a completed and signed "Name/Ownership Change
Form" to the Division of Water Quality accompanied by the appropriate
documentation as listed on the form. The project must be in good standing with
DWQ. The approval of this request will be considered on its merits and may or
may not be approved.
2. The permittee is responsible for compliance with the terms and conditions of this
permit until such time as the Director approves the transfer request. Neither the
sale of the project area in whole or in part, nor the conveyance of common area
to a third party shall be considered an approved permit transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A thru 143-215.6C.
4. 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.
5. In the event that the facilities fail to perform satisfactorily, the Permittee shall
take immediate corrective action, including those as may be required by this
Division, such as the construction of additional or replacement stormwater
management systems.
6. 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.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
9. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
Page 7 of 10

State Stormwater Management Systems
Permit No. SW8 050239
10. A copy of the approved plans and specifications shall be maintained on file by
the Permittee at all times.
Permit modified and reissued this the 28th day of June 2011.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
p &_ec—bf—
.for oleen . Sullins, !rector
Division of ater Quality
By Authority of the Environmental Management Commission
Permit Number SW8 050239
Page 8 of 10

State Stormwater Management Systems
Permit No. SW8 050239
Palmetto Creek of the Carolinas Page 1 of 2
Stormwater Permit No. SW8 050239
Brunswick County
Designer's Certification
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date
Page 9 of i 0

State Stormwater Management Systems
Permit No. SW8 050239
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built-upon area.
3. All the built-upon area associated with the project is graded such that the
runoff drains to the system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are stable with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
10. The permitted amounts of surface area and volume have been provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
14. The dimensions of the system, as shown on the approved plan, are
provided.
cc: NCDENR-DWQ Regional Office
Brunswick County Building Inspections
Page 10 of 10

DETENTION POND ANALYSIS
FILE NAME: S:1wgs\stormwater\permits&projects120051050239 HD12011 03 excel WP_l b 050239
PROJECT#: SW8 050239 REVIEWER: L. Lewis
Pond lb
PROJECT NAME: Palmetto Creek of the Carolinas
Original run date for mod: March 17, 2011 DATE: 28-Jun-11
Receiving Stream: Scotts Branch Class: C; Sw
Drainage Basin: Lumber Index No. 15-25-1-10
Site Area 180.85 acres
Drainage Area 327258.00 square feet Area = 7.51 acres
IMPERVIOUS AREAS
Rational C
Lots 60000.00 square feet 0.95
Streets 15600.00 square feet 0.95
Sidewalks 2250.00 square feet 0.95
Other/Future square feet 0.95
square feet
square feet
TOTAL 77850.00 square feet Rational Cc= 0.38
SURFACE AREA CALCULATION
% IMPERVIOUS 23.79% SA/DA Ratio 2.38%
Average Depth 3.5 Req. SA 7785 sf
TSS, %: 90 % Prov. SA 51456 sf
VOLUME CALCULATION * place a "1" in the box if Rational is used
FOREBAY
Des. Storm 1.50 inches Perm. Pool Volume= 178795
Rv post= 0.264 Req. Forebay Volume= 35759
1yr 24 hr post VolumE 10803 cf Provided Volume=
Rv pre= 0.050 Percent= 0.0%
1yr 24hr pre Volume 2045 cf
Top of Sed. Storage 27 msl
Perm. Pool 30.75 msl
Design Pool 31 msl
Design SA 52112 sf
Req. Volume 10803 cf SA @ =
Prov. Volume 12946 cf Elevation=
ORIFICE CALCULATION
Avg. Head = 0.042 ft Q2 Area = 9.16 sq. in.
Flow Q2, cfs 0.063 cfs Q5 Area = 3.66 sq. in.
Flow Q5, cfs 0.025 cfs Orifice Area 7.07 sq. in.
No. of Orifices 1 Q= 0.048 cfs
Diameter, inches 3.00 weir H x W j in x in
Drawdown = 2.6 days
COMMENTS
Surface Area , Volume and Orifice are within Design Guideline:
This modification converts the non-discharging pond system (irrigation) into a discharging system

DETENTION POND ANALYSIS
FILE NAME: S:1wgslstormwaterlpermits& projects120051050239 HD12011 03 excel_WP 1a 050239
PROJECT#: SW8 050239 REVIEWER: P.Bartlett/original
Pond la L. Lewis for the modification
PROJECT NAME: Palmetto Creek of the Carolinas
Original run date: June 7, 2005 DATE: 28-Jun-11
Receiving Stream: Scotts Branch Class: C; Sw
Drainage Basin: Lumber Index No. 15-25-1-10
Site Area 180.85 acres
Drainage Area 1547455.00 square feet Area = 35.52 acres
IMPERVIOUS AREAS
Rational C
Lots 315600.00 square feet 0.95
Streets 123960.00 square feet 0.95
Sidewalks 11620.00 square feet 0.95
Other/Future 54055.00 square feet 0.95
square feet
square feet
TOTAL 505235.00 square feet Rational Cc= 0.44
SURFACE AREA CALCULATION
% IMPERVIOUS 32.65% SA/DA Ratio 3.76%
Des. Depth 3 Req. SA _ 58261 sf
TSS: 90 Prov. SA 224172 sf
VOLUME CALCULATION * place a "1" in the box if Rational is used
FOREBAY
Des. Storm 3.93 inches Perm. Pool Volume=
Rv post= 0.344 Req. Forebay Volume= 0
1yr 24 hr post Volume 174258 cf Provided Volume=
Rv pre= 0.050 Percent= #DIV/0!
1yr 24hr pre Volume 25340 cf
Bottom 23 msl
Perm. Pool 27.83 msl
Design Pool 28.5 msl
Design SA 236883 sf
Req. Volume 148918 cf SA @ =
Prov. Volume 154453 cf Elevation=
ORIFICE CALCULATION
Avg. Head = 0.14 ft Q2 Area = 68.88 sq. in.
Flow Q2, cfs 0.862 cfs Q5 Area = 27.55 sq. in.
Flow Q5, cfs 0.345 cfs Orifice Area 28.27 sq. in.
No. of Orifices 1 Q= 0.354 cfs
Diameter, inches 6.00 weir H x W in x in
Drawdown = 4.9 days
COMMENTS
Surface Area , Volume and Orifice are within Design Guideline:
This modification converts the non-discharging pond system (irrigation) into a discharging system

DETENTION POND ANALYSIS
FILE NAME: S:1wgslstormwater\permits&projects120051050239 HD12011 03 excel WP_2 050239
PROJECT#: SW8 050239 REVIEWER: L. Lewis
Pond 2
PROJECT NAME: Palmetto Creek of the Carolinas
Original run date for mod: March 17, 2011 DATE: 28-Jun-11
Receiving Stream: Scotts Branch Class: C; Sw
Drainage Basin: Lumber Index No. 15-25-1-10
Site Area 180.85 acres
Drainage Area 729939.00 square feet Area = 16.76 acres
IMPERVIOUS AREAS
Rational C
Lots 143750.00 square feet 0.95
Streets 45192.00 square feet 0.95
Sidewalks 2500.00 square feet 0.95
Other/Future square feet 0.95
square feet
square feet
TOTAL 191442.00 square feet Rational Cc= 0.40
SURFACE AREA CALCULATION
% IMPERVIOUS 26.23% SA/DA Ratio 3.08%
Average Depth 3 Req. SA 22518 sf
TSS, %: 90 % Prov. SA 64018 sf
VOLUME CALCULATION
FOREBAY
Des. Storm 3.93 ,inches Perm. Pool Volume= 192286
Rv post= 0.286 Req. Forebay Volume= 38457.2
1yr 24 hr post Volume 68380 cf Provided Volume=
Rv pre= 0.050 Percent= 0.0%
1yr 24hr pre Volume 11953 cf
Top of Sed. Storage 25 msl
Perm. Pool 28.33 msl
Design Pool 29.25 msl
Design SA 68009 sf
Req. Volume 56428 cf SA @ =
Prov. Volume 60732 cf Elevation=
ORIFICE CALCULATION
Avg. Head = 0.251 ft Q2 Area = 19.49 sq. in.
Flow Q2, cfs 0.327 cfs Q5 Area = 7.80 sq. in.
Flow Q5, cfs 0.131 cfs Orifice Area 12.57 sq. in.
No. of Orifices 1 Q= 0.211 cfs
Diameter, inches 4.00 weir H x W j in x in
Drawdown = 3.1 days
COMMENTS
Surface Area , Volume and Orifice are within Design Guideline:

Coastal Land Design, PLLC
Civil Engineering/Landscape Architecture
Land Planning/Construction Management
May 13, 2011
RECEIVED
MAY 1 6 2011
NCDENR—Division of Water Quality
127 Cardinal Drive Extension BY.
Wilmington,NC 28405
Attn: Linda Lewis
Re: Request for Additional Information—Palmetto Creek of the Carolinas
Stormwater Project No. SW8 050239 Modification
Ms. Lewis,
Thank you for reviewing our submittal. The following is in response to your letter requesting
additional information for the above mentioned project. For ease,your questions are repeated in
normal font and our responses follow in bold.
1. The positioning of the blind swale that feeds the proposed new level spreader in relation to the
outlet pipe will be a problem. Per Section 8.3.5 of the BMP Manual,there is a"poor entrance
angle"into the distribution or blind swale. Stormwater should be conveyed to the blind swale
parallel to the level spreader to avoid short-circuiting.
The level spreader has been redesigned,please find the attached calculations and
drawing.
2. The level spreader and vegetated filter that are being proposed to mitigate for the added piping
behind lots 63-66 in Section 2, should be designed per the requirements of NCAC 2H.1008(f),
which requires the filter to handle the peak flow from a 10 year storm in a non-erosive manner.
The peak flow is used to determine the length of the level spreader, (10 if per cfs, 1001f max.)
and therefore, sets the width of the 30 foot long vegetated filter to create diffuse,non-erosive
flow. Flow in excess of 10 cfs is bypassed. Please also demonstrate that the velocity into the
wetland from the filter strip is no higher than 2 fps to avoid impacting the wetland.
The level spreader has been redesigned,please find the attached calculations and
drawing.
3. In regard to the use of a level spreader for this mitigation, I agreed to it thinking that the
mitigation would be only for that piping added behind Lots 63-66 in Section 2. In looking at
the proposed plans,not only had the piping been added behind lots 63-66 in Section 2,but I see
now that collection piping, which was approved to be directed into Wetland Basin#1 from
Liset Court, is now being directed into the Dined collection system that also ends up in this
level spreader. This large amount of piped collection is not in keeping with the intent of low
P . O . Box 1172 Wilmington , NC 28402
Phone : [phone] Fax : [phone] www . CLDeng . com

density development and the use of a single level spreader as treatment doesn't seem to be
enough mitigation.
The level spreader has been redesigned, please find the attached calculations and
drawing.
4. I understand that the previous reviewer, for whatever reason, approved this project with a lot
more pipe than is considered reasonable under low density. While the existing approved design
can't be changed now, I am obligated to make sure that the proposed modifications either meet
the intent of the low density rules or if not,that appropriate treatment is provided:
a. Please note that the area at the intersection of Serrulata Drive, Sennia Court and Natal Court
was approved in 2005 with 4 curb outlet swales(14, 15, 16 and 17), however,now there is
slightly less drainage area,but more piping, and runoff is treated by just two swales, 17 and
18.
On-site topography was conducive to only two swale locations. The swales were
installed properly and are functioning well on-site.
b. Please check the swale drainage areas for 17 and 18 at the intersection area of Serrulata
Drive, Sennia Court and Natal Court. There's a 150' stretch of Natal Court over the
wetland that is not included in either DA17 or DA18. Please make the necessary changes
to the drainage areas, plans, swale table(sheet SW-5), swale calculations, and swale
supplement form to account for 3,600 square feet of additional road area.
The area in question is actually a raised wooden bridge. It was shown on the original
plans and built per plan,but accidentally left of the revised sheet. Please find attached
sheet showing the raised wooden bridge.
5. The inset detail on Sheet SW-5 for the Amenity Area shows the dimension information,but not
the grading. Is Sheet SW-5 from the November 10, 2010 submittal still applicable,or have
changes been made? If changes were made,please resubmit another Sheet SW-5 with the
grading information for the Amenity Area. Otherwise, I'll swap out SW-5 from the Nov. 10,
2010 plans and add it to the latest set.
A layer with the grading information was accidentally turned off. Please find the
attached SW-5.
6. I'm not perfectly clear on the design criteria the original reviewer used to size the wetland
basins because the reviewer used the infiltration basin spreadsheets to check their design. The
permanent pool area is marked as "N/A—Infiltration"on the supplemental form however the
extended detention wetland design criteria in effect at that time required a minimum permanent
pool area to be calculated using the percent impervious and SA/DA tables for a 3 foot deep
permanent pool. Also, there is no soils report in the file to support the SHWT elevations or the
reported infiltration rate of 20"per hour. While 4 of the 5 proposed built-upon area and
drainage area changes to these wetland basins result in less drainage area and less BUA, 3 of
the 5 basins result in a higher percentage of built-upon area. Since minimum permanent pool
area is based on percent impervious,please demonstrate that wetland basins 1, 2 and 3 have
sufficient surface area to accommodate the increased percent impervious. As part of that
modification,please provide minimum surface area calculations and revise the Extended
Detention Wetland Supplements to add the provided permanent pool surface area for basins 1,
2 and 3 and provide a soils report supporting the SHWT's and the 20"per hour infiltration rate.
P . O . Box 1172 Wilmington , NC 28402
Phone : [phone] Fax: [phone] www . CLDeng . com

The SHWT and infiltration rate were originally established from soils tables and tests
performed in the field. At the time of original permit,the only supporting information
required was field verification from your personnel. On May 13th 2005,Vincent Lewis
representing NCDENR visited the site and performed a SHWT evaluation and also
verified the approximate infiltration rate.
The"N/A—Infiltration" designation was generated from a discussion with the NCDENR
reviewer. Since we were using infiltration as the means of drawdown,storage volume was
the design criteria,not surface area. I agree with your statement that 3 of the 5 basins
result in a higher percentage of BUA, however the reduced drainage area results in the 3
basins having a negligible effect on required surface area. I've attached a calculation
showing the original permit's required surface area and the revised drainage area's
required surface area. Basin 1 has an increased surface area requirement of 55sf and the
revised Extended Detention Wetland Supplement is attached.
Please let me know if you have any additional questions and/or comments.
Sincerely,
effrey B. Petroff, P.E.
Coastal Land Design, PLLC
P . O . Box 1172 Wilmington , NC 28402
Phone : [phone] Fax: [phone] www . CLDeng . com

44 Coastal Land Design, PLLC
Civil Engineering/Landscape Architecture REC'D MAY 18 2011
Land Planning/Construction Management
To: NCDENR—Wilmington Regional Office-DWQ Date: May 12,2011
127 Cardinal Drive Extension File: 101-01
Wilmington,NC 28405 Subject: Stormwater Permit Modification for
(910)796—7215 Palmetto Creek of the Carolinas
Attn: Linda Lewis SW8 050239
❑As Requested ❑For Your Files ❑For Distribution ®For your Review/Action/Approval
❑ Sent via Mail ❑ Sent via Courier
Quantity Drawing No. Description
1 Response Letter
1 Original Level Spreader Supplement for Level Spreader#1
1 Original Wetland Detention Worksheet for Basin#1
1 Supplemental Calculations
2 Copies of the Drawings SW-3 and SW-5
RECEIVED
MAY 16 2011
BY:
REMARKS Hi Linda,please find the enclosed and let me know if you have any questions. Thanks,
L_
CC: File Coastal Land Design,PLLC
Bert Exum
Signed ��/
r ey etroff,P.E.
Trans-NCDENR-05 13 11

Lewis,Linda
From: Lewis,Linda
Sent: Wednesday, April 20, 2011 8:53 AM
To: 'Jeff Petroff
Subject: FW: SW8 050239 addinfo for Palmetto Creek
Jeff:
Although my supervisor says an extension is granted to March 13th, I think she meant May 13th, as requested.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
Education is the progressive discovery of our own ignorance.
-Will Durant
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Scott, Georgette
Sent: Tuesday,April 19, 2011 9:35 AM
To: Lewis,Linda
Subject: RE: SW8 050239 addinfo for Palmetto Creek
Linda,
An extension is granted till March 13th
Georgette Scott
Stormwater Program Supervisor
State Stormwater Program
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington,NC 28405
Phone[phone]
Fax[phone]
E-mail conespondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.
From: Lewis,Linda
Sent: Tuesday,April 19, 2011 9:12 AM
To: Scott, Georgette
Subject: FW: SW8 050239 addinfo for Palmetto Creek
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
i

Education is the progressive discovery of our own ignorance.
--Will Durant
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Jeff Petroff jmailto:[e-mail]
Sent: Monday,April 18, 2011 5:04 PM
To: Lewis,Linda
Subject: RE: SW8 050239 addinfo for Palmetto Creek
Hi again Linda,
I was going through my calendar and see where your Request for Additional Information on Palmetto Creek SW8
050239Mod. is due April 21st. I'm able to address all your comments except the ones dealing with the level spreader(1-
3). Do you have any thoughts on my email from last week utilizing a large stilling basin? Would you be willing to meet
sometime next week to discuss or would you like for me to go ahead and submit with what I think would be a good
solution? Either way I foresee the need for a little extra time from the April 21st deadline. Can I have an extension to
May 13th?
Thanks,
Jeff Petroff, P.E.
Project EEnineer
Coastal Land Design, PLLC
PO Box 1172
Wilmington, NC 28402
Telephone: [phone] ext. 1002
Fax: [phone]
www.CLDeng.com
From: Jeff Petroff
Sent: Wednesday,April 13, 2011 2:28 PM
To: 'Lewis,Linda'
Subject: RE: SW8 050239 addinfo for Palmetto Creek
Hi Linda,
Hope you are doing well. I've been going through your comments on Palmetto Creek SW8 050239 and wanted to
discuss the area we were proposing a level spreader. From your comments(1-3)and looking at the placement of the
level spreader, I think we can both agree that this isn't the best solution. I also understand you are wanting more
mitigation. So,what are your thoughts on designing a large distilling basin (approximately 100'x 20') with a vegetated
weir that can distribute the 10-yr storm event at less than 2fps to the wetland? I feel that this large basin in conjunction
with the three existing swales would offer enough treatment to bring us back into the intent of low-density.
Let me know what you think of this idea and I can work up a plan and calcs.
Thanks,
2

Jeff Petroff, P.E.
Project En ineer
L1.1.44
Coastal Land Design, PLLC
PO Box 1172
Wilmington, NC 28402
Telephone: [phone] ext. 1002
Fax: [phone]
www.CLDeng.com
From: Lewis,Linda Imailto:linda.lewisCa�ncdenr.govl
Sent: Monday, March 21, 2011 1:06 PM
To: Jeff Petroff
Subject: SW8 050239 addinfo for Palmetto Creek
Jeff:
Please see my review comments, attached.
Linda
3

Lewis,Linda
From: Jeff Petroff[[e-mail]]
Sent: Friday, March 25, 2011 4:48 PM
To: Lewis,Linda
Subject: RE: The Reserve at Palmetto Creek SW8 051045
Great,thanks Linda.
Have a good weekend,
Jeff Petroff, P.E.
Project Engineer
IVr
P
.J
Coastal Land Design, PLLC
PO Box 1172
Wilmington, NC 28402
Telephone: [phone] ext. 1002
Fax: [phone]
www.CLDeng.com
From: Lewis,Linda jmailto:[e-mail]
Sent: Friday, March 25, 2011 4:36 PM
To: Jeff Petroff
Subject: RE: The Reserve at Palmetto Creek SW8 051045
Jeff-
OK-extension to April 15, 2011 granted.
Linda
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
Education is the progressive discovery of our own ignorance.
-Will Durant
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Jeff Petroff jmailto:[e-mail]
Sent: Friday, March 25, 2011 3:10 PM
To: Lewis,Linda
Subject: RE: The Reserve at Palmetto Creek SW8 051045
Hi Linda,
1

INFILTRATION BASIN ANALYSIS
FILENAME: S:1WQS1Stormwater\Permits& Projects120051050239 HD12011 03 excel—IB—1 050239 � �(!
PROJECT NUMBER SW8: 050239 DATE: 18-Mar-11
PROJECT NAME: Palmetto Creek Original Run Date June 7, 2005
DRAINAGE BASIN: Lumber REVIEWER: L. Lewis
RECEIVING STREAM: Scotts Branch CLASS: C;Sw
Index No.: 15-25-1-10 If ORW, is site within the 575'AEC?
SITE AREA 180.9 acres DRAINAGE AREA: ( 333,893 SF
IMPERVIOUS AREA CALCULATION
Rational C
Buildings 66,600 0.95
Streets 53,277 0.95
Sidewalk 4,300 0.95
Other
TOTAL 124177 C, 0.48
Place a"1" here if Rational 0
% IMPERVIOUS, I= I 37.2% RV= .05+.009( I ) = 0.38
ELEVATION OF SEASONAL HIGH WATER TABLE 18 FEET MSL
REPORTED INFILTRATION RATE 20 INCHES/HOUR
or 0.000463 FPS
SURFACE AREAS AND ELEVATIONS
Elev. (ft) Area, sq ft Inc.Volume Acc.Volume
BOTTOM 20 4,342
21 11,775 8058.5 8058.5
21 11,775 0 8058.5
TOP 22 20,573 16174 24232.5
VOLUME/DEPTH/DRAWDOWN CALCULATION
DESIGN STORM, INCHES 1
DESIGN VOLUME 10704 CUBIC FEET
TOTAL VOLUME AVAILABLE 24232.5 CUBIC FEET
DEPTH OF RUNOFF 1.95 FEET
TIME TO DRAWDOWN 3.3 HOURS MUST BE <120
25 YEAR 24 HOUR STORM N/A
Intensity, i = .33 inches/hour
Qr= C i A= 1.21 CFS
Qp through the bottom of the basin= 2.01 CFS Must be>Qr
10 YEAR 10 MIN HIGH INTENSITY EVENT
Intensity, i =6.3 inches/hour
Volume for 10 yr. 10 min. event= 13876.60 CF< 24232.5 CF
COMMENTS
Volume and drawdown are(not)within Design Requirements.

INFILTRATION BASIN ANALYSIS Oer
FILENAME:S:1WQS\Stormwater\Permits& Projects120051050239 HD12011 03 excel IB 2 050239
PROJECT NUMBER SW8: 050239 DATE: 18-Mar-11
PROJECT NAME: Palmetto Creek Original Run Date June 7, 2005
DRAINAGE BASIN: Lumber REVIEWER: L. Lewis
RECEIVING STREAM: Scotts Branch CLASS: C;Sw
Index No.: 15-25-1-10 If ORW, is site within the 575'AEC?
SITE AREA 180.9 acres DRAINAGE AREA: 626,309 SF
IMPERVIOUS AREA CALCULATION
Rational C
Buildings 164,148 0.95
Streets 84,100 0.95
Sidewalk 7,650 0.95
Other
TOTAL 255898 C 0.51
Place a"1" here if Rational 0
% IMPERVIOUS, I= 40.9% RV= .05+.009 ( I ) = 0.42
ELEVATION OF SEASONAL HIGH WATER TABLE 19 FEET MSL
REPORTED INFILTRATION RATE 20 INCHES/HOUR
or 0.000463 FPS
SURFACE AREAS AND ELEVATIONS
Elev. (ft) Area, sq ft Inc. Volume Acc. Volume
BOTTOM 21 5,300
22 13,650 9475 9475
22 13,650 0 9475
TOP 23 22,950 18300 27775
VOLUME/DEPTH/DRAWDOWN CALCULATION
DESIGN STORM, INCHES 1
DESIGN VOLUME 21802 CUBIC FEET
TOTAL VOLUME AVAILABLE 27775 CUBIC FEET
DEPTH OF RUNOFF 1.97 FEET
TIME TO DRAWDOWN 3.1 HOURS MUST BE <120
25 YEAR 24 HOUR STORM N/A
Intensity, i= .33 inches/hour
QrCiA= 2.40 CFS
Qp through the bottom of the basin= 2.45 CFS Must be > Qr
10 YEAR 10 MIN HIGH INTENSITY EVENT
Intensity, I =6.3 inches/hour
Volume for 10 yr. 10 min. event= 27524.34 CF< 27775 CF
COMMENTS
Volume and drawdown are(not)within Design Requirements.

INFILTRATION BASIN ANALYSIS
FILENAME:S:1WQS\Stormwater\Permits& Projects120051050239 HD12011 03 excel_IB_3 050239
PROJECT NUMBER SW8: 050239 DATE: 18-Mar-11
PROJECT NAME: Palmetto Creek Original Run Date June 7, 2005
DRAINAGE BASIN: Lumber REVIEWER: L. Lewis
RECEIVING STREAM: Scotts Branch CLASS: C;Sw
Index No.: 15-25-1-10 If ORW, is site within the 575'AEC?
SITE AREA 180.9 acres DRAINAGE AREA: 107,149 SF
IMPERVIOUS AREA CALCULATION
Rational C
Buildings 27,000 0.95
Streets 9,620 0.95
Sidewalk 0.95
Other
TOTAL 36620 0.46
Place a"1" here if Rational 0
% IMPERVIOUS, I= 34.2% RV= .05+.009 ( I ) = 0.36
ELEVATION OF SEASONAL HIGH WATER TABLE 18 FEET MSL
REPORTED INFILTRATION RATE 20 INCHES/HOUR
or 0.000463 FPS
SURFACE AREAS AND ELEVATIONS
Elev. (ft) Area, sq ft Inc.Volume Acc.Volume
BOTTOM 20 2,362
20 2,362 0 0
20 2,362 0 0
TOP 21 9,350 5856 5856
VOLUME/DEPTH/DRAWDOWN CALCULATION
DESIGN STORM, INCHES 1
DESIGN VOLUME 3193 CUBIC FEET
TOTAL VOLUME AVAILABLE 5856 CUBIC FEET
DEPTH OF RUNOFF 0.55 FEET
TIME TO DRAWDOWN 1.5 HOURS MUST BE<120
25 YEAR 24 HOUR STORM N/A
Intensity, i = .33 inches/hour
Qr=CiA= 0.37 CFS
Qp through the bottom of the basin= 1.09 CFS Must be> Qr
10 YEAR 10 MIN HIGH INTENSITY EVENT
Intensity, i=6.3 inches/hour
Volume for 10 yr. 10 min. event= 4242.94 CF< 5856 CF
COMMENTS
Volume and drawdown are(not)within Design Requirements.

INFILTRATION BASIN ANALYSIS
FILENAME:S:1WQS1Stormwater\Permits & Projects120051050239 HD12011 03 excel_IB_4 050239
PROJECT NUMBER SW8: 050239 DATE: 18-Mar-11
PROJECT NAME: Palmetto Creek Original Run Date June 7, 2005
DRAINAGE BASIN: Lumber REVIEWER: L. Lewis
RECEIVING STREAM: Scotts Branch CLASS: C;Sw
Index No.: 15-25-1-10 If ORW, is site within the 575'AEC?
SITE AREA 180.9 acres DRAINAGE AREA: 356,096 SF
IMPERVIOUS AREA CALCULATION
Rational C
Buildings 99,362 0.95
Streets 32,500 0.95
Sidewalk 1,780 0.95
Other
TOTAL 133642 Cl 0.48
Place a"1"here if Rational 0
% IMPERVIOUS, I= 37.5% RV= .05+.009( I ) = 0.39
ELEVATION OF SEASONAL HIGH WATER TABLE 19 FEET MSL
REPORTED INFILTRATION RATE 20 INCHES/HOUR
or 0.000463 FPS
SURFACE AREAS AND ELEVATIONS
Elev. (ft) Area, sq ft Inc.Volume Acc. Volume
BOTTOM 21 3,500
22 9,773 6636.5 6636.5
22 9,773 0 6636.5
TOP 23 17,802 13787.5 20424
VOLUME/DEPTH/DRAWDOWN CALCULATION
DESIGN STORM, INCHES 1
DESIGN VOLUME 11507 CUBIC FEET
TOTAL VOLUME AVAILABLE 20424 CUBIC FEET
DEPTH OF RUNOFF 1.08 FEET
TIME TO DRAWDOWN 3.5 HOURS MUST BE <120
25 YEAR 24 HOUR STORM N/A
Intensity, i = .33 inches/hour
Qr= C i A= 1.30 CFS
Qp through the bottom of the basin= 1.62 CFS Must be >Qr
10 YEAR 10 MIN HIGH INTENSITY EVENT
Intensity, i =6.3 inches/hour
Volume for 10 yr. 10 min. event= 14877.95 CF < 20424 CF
COMMENTS
Volume and drawdown are(not)within Design Requirements.

INFILTRATION BASIN ANALYSIS
FILENAME: S:1WQS1Stormwater\Permits& Projects120051050239 HD12011 03 exce11B_5 050239
PROJECT NUMBER SW8: 050239 DATE: 18-Mar-11
PROJECT NAME: Palmetto Creek Original Run Date June 7, 2005
DRAINAGE BASIN: Lumber REVIEWER: L. Lewis
RECEIVING STREAM: Scotts Branch CLASS: C;Sw
Index No.: 15-25-1-10 If ORW, is site within the 575'AEC?
SITE AREA 180.9 acres DRAINAGE AREA: 267,378 SF
IMPERVIOUS AREA CALCULATION
Rational C
Buildings 65,756 0.95
Streets 19,500 0.95
Sidewalk 0.95
Other
TOTAL 85256 C 0.44
Place a "1" here if Rational 0
% IMPERVIOUS, I= 31.9% RV= .05+.009 ( I ) = 0.34
ELEVATION OF SEASONAL HIGH WATER TABLE 19 FEET MSL
REPORTED INFILTRATION RATE 20 INCHES/HOUR
or 0.000463 FPS
SURFACE AREAS AND ELEVATIONS
Elev. (ft) Area, sq ft Inc. Volume Acc. Volume
BOTTOM 20 2,030
21 2,800 2415 2415
22 3,450 3125 5540
TOP 23 7,900 5675 11215
VOLUME/DEPTH/ DRAWDOWN CALCULATION
DESIGN STORM, INCHES 1
DESIGN VOLUME 7508 CUBIC FEET
TOTAL VOLUME AVAILABLE 11215 CUBIC FEET
DEPTH OF RUNOFF 1.51 FEET
TIME TO DRAWDOWN 3.3 HOURS MUST BE <120
25 YEAR 24 HOUR STORM N/A
Intensity, i = .33 inches/ hour
Qr= CiA = 0.89 CFS
Qp through the bottom of the basin= 0.94 CFS Must be > Qr
10 YEAR 10 MIN HIGH INTENSITY EVENT
Intensity, i = 6.3 inches/hour
Volume for 10 yr. 10 min. event= 10189.13 CF < 11215 CF

Hope you are doing well. I'm writing to request another extension to the Certification for The Reserve at Palmetto Creek
SW8051045. The owner has just finalized the re-configuration of a few of the townhomes. I'm having him finalize the
driveway layout so I can recalculate impervious and confirm we are within the permit allocations. I want to get you the
certification, deed restrictions and plan update at the same time. Can we have an extension to April 15th? That should
give us adequate time.
Thanks and have a great weekend,
Jeff Petroff, P.E.
Project Engineer
1114,4
L.
Coastal Land Design, PLLC
PO Box 1172
Wilmington, NC 28402
Telephone: [phone] ext. 1002
Fax: [phone]
www.CLDeng.com
From: Jeff Petroff
Sent: Monday, February 28, 2011 3:39 PM
To: 'Lewis,Linda'
Subject: RE: The Reserve at Palmetto Creek SW8 051045
Hi Linda,
Can we have until March 25th to get everything straightened out?
Thanks,
Jeff Petroff, P.E.
Project En ineer
L.
Coastal Land Design, PLLC
PO Box 1172
Wilmington, NC 28402
Telephone: [phone] ext. 1002
Fax: [phone]
www.CLDeng.com
From: Lewis,Linda fmailto:linda.lewis(6ncdenr.00vl_
Sent: Thursday, February 24, 2011 3:48 PM
To: Jeff Petroff
Subject: RE: The Reserve at Palmetto Creek SW8 051045
Jeff:
Please tell me your anticipated submittal date. I can't approve an open-ended time extension. You have to
propose a deadline date.
2

DWQ USE ONLY
Date Received Fee Paid Permit Number
2-Z3-2011 412974. Sl,)d��D '�rk,a
Applicable Rules: ❑ Coastal SW-1995 ❑Coastal SW-2008 ❑Ph II-Post Construction
(select all that apply) ❑Non-Coastal SW-HQW/ORW Waters ❑Universal Stormwater Management Plan
❑Other WQ Mgmt Plan:
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Project Name(subdivision,facility,or establishment name-should be consistent with project name on plans,
specifications,letters,operation and maintenance agreements,etc.):
Palmetto Creek of the Carolinas
2. Location of Project(street address):
1500 N.C.Hwy 211 SE
City:Bolivia County:Brunswick Zip:28422
3. Directions to project(from nearest major intersection):
Approximately one mile east on NC 211 from intersection with Zion Hill Road SR 1114
4. Latitude:33° 59' 51"N Longitude:78° 13' 21"W of the main entrance to the project.
II. PERMIT INFORMATION:
1.a.Specify whether project is(check one): New ®Modification
b.If this application is being submitted as the result of a modification to an existing permit,list the existing
permit number SW8 050239 ,its issue date(if known)Tune 7,2005 ,and the status of
construction: ❑Not Started ['Partially Completed* ®Completed* *provide a designer's certification
2. Specify the type of project(check one):
❑Low Density ['High Density ❑Drains to an Offsite Stormwater System ['Other
3. If this application is being submitted as the result of a previously returned application or a letter from DWQ
requesting a state stormwater management permit application,list the stormwater project number,if
assigned, and the previous name of the project,if different than currently
proposed,
4.a.Additional Project Requirements(check applicable blanks;information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
❑LAMA Major ❑Sedimentation/Erosion Control: ac of Disturbed Area
❑NPDES Industrial Stormwater 0404/401 Permit:Proposed Impacts
b.If any of these permits have already been acquired please provide the Project Name,Project/Permit Number,
issue date and the type of each permit
REC V Elti
FEB 2 3 2011
BY:
Form SWU-101 Version 07Jun2010 Page 1 of 6

III. CONTACT INFORMATION
1.a.Print Applicant/ Signing Official's name and title(specifically the developer,property owner,lessee,
designated government official,individual,etc.who owns the project):
Applicant/Organization:XDV,Inc.
Signing Official&Title:Bert Exum,President
b.Contact information for person listed in item la above:
Street Address:503 Olde Waterford Way,Suite 200
City:Leland State:NC Zip:28451
Mailing Address(if applicable):P.O.Box 1967
City:Wilmington State:NC Zip:28402
Phone: (910 ) 392-9325 Fax: ( )
Email:
c.Please check the appropriate box.The applicant listed above is:
®The property owner(Skip to Contact Information,item 3a)
❑Lessee*(Attach a copy of the lease agreement and complete Contact Information,item 2a and 2b below)
❑Purchaser*(Attach a copy of the pending sales agreement and complete Contact Information,item 2a and
2b below)
❑Developer*(Complete Contact Information,item 2a and 2b below.)
2.a.Print Property Owner's name and title below,if you are the lessee,purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization:
Signing Official&Title:
b.Contact information for person listed in item 2a above:
Street Address:
City: State: Zip:
Mailing Address(if applicable):
City: State: Zip:
Phone: ( ) Fax: ( )
Email:
3.a. (Optional)Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/Organization: RFC .!VED
Signing Official&Title:
Fhb 2 9 2011
b.Contact information for person listed in item 3a above:
Mailing Address: BY.
City: State: Zip:
Phone: ( ) Fax: ( )
Email:
4. Local jurisdiction for building permits: Brunswick County
Point of Contact Beverly Coleman Phone#: (910 ) 253-2050
Form SWU-101 Version 07Jun2010 Page 2 of 6

1
1V. PROJECT INFORMATION
1. In the space provided below,briefly summarize how the stormwater runoff will be treated.
Stormwater is currently treated in Water Quality Swales,Wetland Detention Basins and Wet Detention Ponds
2.a.If claiming vested rights,identify the supporting documents provided and the date they were approved:
❑Approval of a Site Specific Development Plan or PUD Approval Date: NTED
❑Valid Building Permit Issued Date: t -A' '
❑Other: Date: 2011
b.If claiming vested rights,identify the regulation(s)the project has been designed in a cordance with:
® Coastal SW-1995 ❑Ph II-Post Construction BY
3. Stormwater runoff from this project drains to the Lumber River basin.
4. Total Property Area: 180.9 acres 5. Total Coastal Wetlands Area: N/A acres
6. Total Surface Water Area: N/A acres
7. Total Property Area(4)-Total Coastal Wetlands Area(5)-Total Surface Water Area(6) =Total Project
Area': 180.9 acres
+ Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area
between the banks of streams and rivers, the area below the Normal High Water(NHIAI)line or Mean High Water
(MHVV)line,and coastal wetlands landward from the NHW(or MHW)line. The resultant project area is used to
calculate overall percent built upon area(BUA). Non-coastal wetlands landward of the NHW(or MHW)line may
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area/Total Project Area)X 100 = 30 %
9. How many drainage areas does the project have?9(For high density, count 1 for each proposed engineered
stormwater BMP. For low density and other projects, use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project,attach an additional sheet with the information for each area
provided in the same format as belowOVCRAl1 r
Basin information Drainage Area 0 Drainage Area la Drainage Area 1b Drainage Area 2
_Receiving Stream Name Scotts Branch Scotts Branch Scotts Branch Scotts Branch
Stream Class * C;Sw C;Sw C;Sw C;Sw
Stream Index Number* 15-25-1-10 15-25-1-10 15-25-1-10 15-25-1-10
Total Drainage Area(sf) 7,877,877 sf 1,547,455 sf 327,158 sf 729,939 sf
On-site Drainage Area(sf) 7,877,877 sf 1,547,455 sf 327,158 sf 729,939 sf
Off-site Drainage Area(sf) -0- -0- -0- -0-
Proposed Impervious Area**(sf) 2,363,363 sf 505,235 sf 77,850 sf 191,442 sf
% Impervious Area**(total) 30 % 32.6 % 23.8 % 26.2 %
Impervious**Surface Area Drainage Area 0 Drainage Area 1a Drainage Area 1b Drainage Area 2
On-site Buildings/Lots(sf) 1,651,236 sf 315,600 sf 60,000 sf 143,750 sf
On-site Streets (sf) 620,660 sf 123,960 sf 15,600 sf 45,192 sf
On-site Parking (sf) -0- -0- -0- -0-
On-site Sidewalks (sf) 35,276 sf 11,620 sf 2,250 sf 2,500 sf
Other on-site (sf) 56,191 sf 54,055 sf -0- -0-
Future(sf) -0- -0- -0- -0-
Off-site (sf) -0- -0- -0- -0-
Existing BUA***(sf) -0- -0- -0- -0-
Total (sf): 2,363,363 sf 1 505,235 sf 77,850 sf 1 191,442 sf
* Stream Class and Index Number can be determined at: http://portal.ncdenr.org/web/wq/ps/csu/classifications
** Impervious area is defined as the built upon area including, but not limited to, buildings,roads,parking areas,
sidewalks,gravel areas,etc.
***Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that
is to be removed and which will be replaced by new BUA.
Form SWU-101 Version 07Jun2010 Page 3 of 6

10.Complete the following information for each drainage area identified in Project Information item 9. If there are more
than four drainage areas in the project,attach an additional sheet with the information for each area provided in the same
format as below.
Basin Information Wetland Basin#1 Wetland Basin#2 Wetland Basin#3 Wetland Basin#4
Receiving Stream Name Scotts Branch Scotts Branch Scotts Branch Scotts Branch
Stream Class* C; Sw C;Sw C;Sw C;Sw
Stream Index Number* 15-25-1-10 15-25-1-10 15-25-1-10 15-25-1-10
Total Drainage Area(sf) 333,893 sf 626,309 sf 107,149 sf 356,096 sf
On-site Drainage Area(sf) 333,893 sf 626,309 sf 107,149 sf 356,096 sf
Off-site Drainage Area(sf) -0- -0- -0- -0-
Proposed Impervious Area**(sf) 124,177 sf 255,898 sf 36,620 sf 133,642 sf
%Impervious*Area(total) 37.2% 40.9% 34.2% 37.5 %
Impervious** Surface Area Wetland Basin#1 Wetland Basin#2 Wetland Basin#3 Wetland Basin#4
On-site Buildings/Lots(sf) 66,600 sf 164,148 sf 27,000 sf 99,362 sf
On-site Streets(sf) 53,277 sf 84,100 sf 9,620 sf 32,500 sf
On-site Parking(sf) -0- -0- -0- -0-
On-site Sidewalks(sf) 4,300 sf 7,650 sf -0- -0-
Other On-site(sf) -0- -0- -0- 1,780 sf
Future(sf) -0- -0- -0- -0-
Off-site(sf) -0- -0- -0- -0-
Existing BUA***(sf) -0- -0- -0- -0-
Total(sf): 124,177 sf 255,898 sf 36,620 sf - 133,642 sf
Basin Information Wetland Basin#5
Receiving Stream Name Scotts Branch
Stream Class* C;Sw
Stream Index Number* 15-25-1-10
Total Drainage Area(sf) 267,378 sf
On-site Drainage Area(sf) 267,378 sf
Off-site Drainage Area(sf) -0-
Proposed Impervious Area**(sf) 85,256 sf
%Impervious*Area(total) 31.9%
Impervious** Surface Area Wetland Basin#5 '
On-site Buildings/Lots(sf) 65,756 sf
On-site Streets(sf) 19,500 sf
On-site Parking(sf) -0-
On-site Sidewalks(sf) -0-
Other On-site(sf) -0-
Future(sf) -0-
Off-site(sf) -0- _
Existing BUA***(sf) -0- _
Total(sf): 85,256 sf
Drainage Area Key for PROJECT INFORMATION table under item 10 on Page 3
Drainage Area 0 = Overall Project
Drainage Area la= Stormwater Pond#1 A Drainage Area lb= Stormwater Pond #1B RECEIVED
Drainage Area 2 = Stormwater Pond#2
The five drainage areas above are notated in the table. 2011
BY
Form SWU-101 Version 07Jun2010 Page 3b of 6

11. How was the off-site impervious area listed above determined?Provide documentation. N/A
Projects in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened&
Endangered Species watershed that may be subject to more stringent stormwater requirements as per NCAC 02B.0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance(O&M)forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from http://portal.ncdenr.org/web/wq/ws/su/bmp-manual.
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality(DWQ).
A complete package includes all of the items listed below. A detailed application instruction sheet and BMP
checklists are available from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms docs. The complete
application package should be submitted to the appropriate DWQ Office. (The appropriate office may be
found by locating project on the interactive online map at http://portal.ncdenr.org/web/wq/ws/su/maps.)
Please indicate that the following required information have been provided by initialing in the space provided
for each item.All original documents MUST be signed and initialed in blue ink. Download the latest versions
for each submitted application package from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms docs.
Initials
1. Original and one copy of the Stormwater Management Permit Application Form.
2. Original and one copy of the signed and notarized Deed Restrictions&Protective Covenants
Form. (if required as per Part VII below)
3. Original of the applicable Supplement Form(s)(sealed,signed and dated)and O&M '3Q c
agreement(s)for each BMP.
4. Permit application processing fee of$505 payable to NCDENR. (For an Express review,refer to Sg()
http://www.envhelp.org/pages/onestopexpress.html for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
5. A detailed narrative(one to two pages)describing the stormwater treatment/managementfor
the project. This is required in addition to the brief summary provided in the Project
Information,item 1.
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the '3j;P
receiving stream drains to class SA waters within 1/2 mile of the site boundary,include the 1/1
mile radius on the map.
7. Sealed,signed and dated calculations. -5t3?
8. Two sets of plans folded to 8.5"x 14" (sealed,signed,&dated),including: -R
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow. .R' i �
f. Scale.
g. Revision number and dates. FEB 2 3 �011
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures,the banks of streams and rivers,the MHW or NHW line of , :
waters,and any coastal wetlands landward of the MHW or NHW lines.
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures,the banks of streams or rivers,and the MHW(or NHW)of tidal waters.
i. Dimensioned property/project boundary with bearings&distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours,proposed contours,spot elevations,finished floor elevations.
1. Details of roads,drainage features,collection systems,and stormwater control measures.
m.Wetlands delineated,or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
n. Existing drainage(including off-site),drainage easements,pipe sizes,runoff calculations.
o. Drainage areas delineated(included in the main set of plans,not as a separate document).
p. Vegetated buffers(where required).
Form SWU-101 Version 07Jun2010 Page 4 of 6

9. Copy of any applicable soils report with the associated SHWT elevations(Please identify A'/A
elevations in addition to depths)as well as a map of the boring locations with the existing
elevations and boring logs.Include an 8.5"x11"copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs,the report should also
include the soil type,expected infiltration rate,and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO:Schedule a site visit for DWQ to verify the SHWT prior
to submittal, [phone].)
10. A copy of the most current property deed.Deed book: Page No: .✓7/1
11. For corporations and limited liability corporations(LLC):Provide documentation from the NC --s-bp
Secretary of State or other official documentation,which supports the titles and positions held
by the persons listed in Contact Information,item la,2a,and/or 3a per NCAC 2H.1003(e).The
corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State,otherwise the application will be returned.
http://www.secretary.state.nc.us/Corporations/CSearch.aspx
VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions,outparcels,and future development,the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary,a table listing each lot number,lot size,and the allowable built-upon area must be provided
as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and
protective covenants forms can be downloaded from
http://portal.ncdenr.org/web/wq/ws/su/statesw/forms docs.Download the latest versions for each submittal.
In the instances where the applicant is different than the property owner,it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s)below,the permit holder(s)certify that the recorded property restrictions and
protective covenants for this project,if required,shall include all the items required in the permit and listed
on the forms available on the website,that the covenants will be binding on all parties and persons claiming
under them,that they will run with the land,that the required covenants cannot be changed or deleted
without concurrence from the NC DWQ and that they will be recorded prior to the sale of any lot.
VIII. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant Complete this section if you wish to designate authority to another individual and/or firm(such as a
consulting engineer and/or firm)so that they may provide information on your behalf for this project(such as
addressing requests for additional information).
Consulting Engineer: Teff Petroff,P.E.
Consulting Firm: Coastal Land Design,PLLC
Mailing Address:P.O.Box 1172
City:Wilmington State:NC Zip:28402
Phone: (910 ) 254-9333 x 1002 Fax: (910 ) 254-0502
Email:jpetroff®CLDeng.com
IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out,complete this
section)
I, (print or type name of person listed in Contact Information, item 2a) ,certify that I
own the property identified in this permit application,and thus give permission to(print or type name of person
listed in Contact Information,item la) with(print or type name of organization listed in
Contact Information,item la) to develop the project as currently proposed. A copy of
the lease agreement or pending property sales contract has been provided with the submittal,which indicates the
party responsible for the operation and maintenance of the stormwater system.
.IV D
FEB3Z011
B
Form SWU-101 Version 07Jun2010 Page 5 of 6

As the legal property owner I acknowledge,understand,and agree by my signature below,that if my designated
agent(entity listed in Contact Information,item 1)dissolves their company and/or cancels or defaults on their
lease agreement,or pending sale,responsibility for compliance with the DWQ Stormwater permit reverts back to
me,the property owner.As the property owner,it is my responsibility to notify DWQ immediately and submit a
completed Name/Ownership Change Form within 30 days;otherwise I will be operating a stormwater treatment
facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid
permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including
the assessment of civil penalties of up to$25,000 per day,pursuant to NCGS 143-215.6.
Signature: Date:
I. ,a Notary Public for the State of ,County of
,do hereby certify that personally appeared
before me this_day of ,and acknowledge the due execution of the application for
a stormwater permit. Witness my hand and official seal,
SEAL
My commission expires
X. APPLICANT'S CERTIFICATION
I,(print or type name of person listed in Contact Information,item la) Bert Exum
certify that the information included on this permit application form is,to the best of my knowledge,correct and
that the project will be constructed in conformance with the approved plans,that the required deed restrictions
and protective covenants will be recorded,and that the proposed project complies with the requirements of the
applicable stormwater rules under 15A NCAC 2H.1000,SL 2006-246(Ph.II-Post Construction)or SL 2008-211.
Signature: lrlj C ,/44, Date: Z-Z l-
I, /1,414 £H/u-5 ,a Notary Public for the State of nbrZawita.,County of
id OAI OV CZ_ ,do hereby certify that k'1Zi C Lr C xtiM'i personally appeared
before me this 21 day of %Elt20di2( ,ZV I( ,and ac • -.l•e A; •cution of the application for
a stormwater permit. Witness my hand and official seal rjr
,
osir
4114
+s4r"" , <ftp‘ SEAL
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NOTARY
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PU UO p4kyr, My commission expires / 2 /4
knows
roffRECFlVED
FEB 2 3 2011
IBY:
Form SWU-101 Version 07Jun2010 Page 6 of 6

Permit No.Stu?0 SOZ39
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can
be found in 15A NCAC 2H .1005 through .1007.
I. PROJECT INFORMATION
Project Name : Palmetto Creek of the Carolinas
Contact Person : Bert Exum Phone Number: (910 ) 392-9325
Number of Lots: 337 Allowable Built Upon Area Per Lot*: See Attached
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area
for each lot. The attachment must include the project name,phase, page numbers and provide area subtotals
and totals.
II. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculations in the space provided below where:
• SA Site Area-the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor-the appropriate percent built upon area dived by 100.
• RA Road Area-the total impervious surface occupied by roadways.
• OA Other Area-the total area of impervious surfaces such as clubhouses,tennis courts, sidewalks, etc.
• No. Lots -the total number of lots in the subdivision.
• BUA/Lot-the computed allowable built upon area for each lot including driveways and im, .+.' -s
surfaces located between the front lot line and the edge of pavement. pECE1 VIi i-)
FEB 2 3 2011
B� --
Form: SWU-104 Rev 3.99 Page 1 of 2

(SA x DF) - RA- OA = BUA
No. Lots Lots
Calculation:
(7,877,877 sf x 0.3)—620,660 sf—91,467 sf = 1,651,236 sf
Total Lot Allocation= 1,651,236 sf
1,651,236 sf> 1,651,236 sf OKAY
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent on the Stormwater
Management Permit Application Form,the agent may initial below.
Applicants Initials
--S1R a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided by DWQ within 30 days of
platting and prior to sale of any lots.
c. Built upon area calculations are provided for the overall project and all lots.
d. Project conforms to low density requirements within the ORW AEC (if applicable).
[15A NCAC 2H .1007(2)(b)]
FEB �3 2011
Form: SWU-104 Rev 3.99 Page 2 of 2

Palmetto Creek of the Carolinas 02/15/11
Lot Impervious Allocation
Lot Numbers # of Lots Impervious Allocation Total Impervious
Section 1 3-7, 11-14, 20 10 6,500 sf 65,000 sf
Section 1 8-10, 15-19 8 5,500 sf 44,000 sf
Section 1 1, 2, 21-58 40 5,400 sf 216,000 sf
Section 2 6, 7, 10, 16, 22, 23, 25, 26, 30, 50,
53-57, 62, 71, 76, 121, 126, 142 21 5,500 sf 115,500 sf
Section 2 1-5, 8, 9, 11-15, 17, 18, Tract 2C, 20, 21,
24, 27-29, 31-49, 51, 52, 58-61, 63-70,
72-75, 77-120, 122-125, 127-141, 143-146 125 5,930 sf 741,250 sf
Section 3 1-65 65 3,330 sf 216,450 sf
Section 4 5, 6, 9-14, 16-23, 27-36, 62 27 4,000 sf 108,000 sf
Section 4 2, 3, 4, 24, 45 5 3,556 sf 17,780 sf
Section 4 63 1 4,756 sf 4,756 sf
Section 4 1, 7, 8, 15, 25, 26, 37-44, 46-61, 64-68 35 3,500 sf 122,500 sf
Total: 1,651,236 sf
viN W

PROPOSED DEED RESTRICTIONS AND PROTECTIVE
COVENANTS FOR PALMETTO CREEK OF THE CAROLINAS
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 050239, as issued by the Division of Water Quality under NCAC
2H.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming under
them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express written
consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence
of the Division of Water Quality.
6. The maximum allowable built-upon area per lot is as follows:
Lot Numbers Impervious Allocation
Section 1 3-7, 11-14, 20 6,500 sf
Section 1 8-10, 15-19 5,500 sf
Section 1 1, 2, 21-58 5,400 sf
Section 2 6, 7, 10, 16, 22, 23, 25, 26, 30, 50,
53-57, 62, 71, 76, 121, 126, 142 5,500 sf
Section 2 1-5, 8, 9, 11-15, 17, 18, Tract 2C, 20, 21, 24,
27-29, 31-49, 51, 52, 58-61, 63-70, 72-75,
77-120, 122-125, 127-141, 143-146 5,930 sf
Section 3 1-65 3,330 sf
Section 4 5, 6, 9-14, 16-23, 27-36, 62 4,000 sf
Section 4 2, 3, 4, 24, 45 3,556 sf
Section 4 63 4,756 sf
Section 4 1, 7, 8, 15, 25, 26, 37-44, 46-61, 64-68 3,500 sf
These allotted amounts include 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.
7. This project proposes a curb outlet system. Each designated curb outlet swale shown on the approved
plan must be maintained at a minimum of 100'long with 5:1 (H:V) side slopes or flatter, have a
longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner,
and maintain a dense vegetated cover.
8 Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with th
development except for average driveway crossings, is strictly prohibiteddly; riyrp r
tra
FEB 2 3 2011
Proposed Deed Restrictions for Palmetto Creek of the ' m age 1 of 2

9. Each lot will maintain a 30'wide vegetated buffer between impervious areas and surface waters.
10. All roof drains shall terminate at least 30'from the mean high water mark of surface waters.
11. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is
prohibited by any persons.
12. All runoff from the built-upon areas on lots permitted to drain to a piped collection system must drain
into the permitted system. This may be accomplished through a variety of means including roof drain
gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales
to collect the lot runoff and directing them into a component of the stormwater collection system. Lots
that will naturally drain into the system are not required to provide these additional measures.
Signature: W C_ J7 5/ Date:
I, E.f t(,U-5 , a Notary Public in the
State of plepTii— L.'41 .1st 4, , County of „b ki 04.4ov
do hereby certify that RED-` ezr--C)c c2 M personally appeared
before me this the 2l day of tiaZgoi.ii -y , 20 y( , and acknowledge
the due exec •n o the e• rument. Witness my hand and official seal,
4111111:0r swum,
ra yrarw
Signature 'q,rr
fr
My Commission expires l/'29--f4 rTARY S
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Pt 3UC c
M99Rsx0
-yECAI V Ems'
FEB 23 2011
Proposed Deed Restrictions for Palmetto Creek of the Carolinas Page 2 of 2

76.2 Permit No---rLrC15Cofc.5
(to be provided by DWQr
v.w A r6-
ATA
LNCDENR
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form must be filled out,printed and submitted.
The Required Items Checklist(Part III)must be printed,filled out and submitted along with all of the required information.
L PROJECT INFORMATION
Project name ,-almetto Creek of the Carolinas
Contact person Jeff Petroff,P.E.
Phone number 910-254.9333 x 1002
Date 2011-02-11
Drainage area number Pond#1A
GESb4N A CRrOTION
Site Characteristics
Drainage area 1,547,455 ff2
Impervious area,post-development 505,235 ft2
%impervious 32.65%
Design rainfall depth 3.9 in
Storage Volume: Non-SA Waters
Minimum volume required ft3
Volume provided ft3
Storage Volume: SA Waters
1.5"runoff volume Sid �d r / a�
66.5t 1 � �ReTer+r r S /✓�.
Pre-development 1-yr,24-hr runoff 25,339 ft3 Post-development 1-yr,24-hr runoff 174,336 ft3 -Tms PEcutafpwr
Minimum volume required 148,997 ft3
Volume provided 154,407 ft3
Peak Flow Calculations
Is the pre/post control of the 1yr 24hr storm peak flow required? N (Y or N)
1-yr,24-hr rainfall depth in
Rational C,pre-development (unitless) ?`(El VED
Rational C,post-development (unitless)
Rainfall intensity:1-yr,24-hrstorm in/hr
Pre-development 1-yr,24-hr peak flow 0.85 ft3/sec FEB 3 2011
Post-development 1-yr,24-hr peak flow 2.33 ft3/sec
Pre/Post 1-yr,24-hr peak flow control 1.48 ft3/sec B Y
Elevations
Temporary pool elevation 28.50 fmsl
Permanent pool elevation 27.83 fmsl
SHWT elevation(approx.at the perm.pool elevation) 27 83 fmsl
Top of 10ft vegetated shelf elevation N/A fmsl
Bottom of 10ft vegetated shelf elevation N/A fmsl Data not needed for calculation option#1,but OK if provided.
Sediment cleanout,top elevation(bottom of pond) 24.00 fmsl
Sediment cleanout,bottom elevation 23.00 fmsl Data not needed for calculation option#1,but OK if provided.
Sediment storage provided 1.00 ft
Is there additional volume stored above the state-required temp.pool? N (Y or N)
Elevation of the top of the additional volume fmsl
Form SW 401-Wet Detention Basin-Rev.8-9/17/09 Parts I.&II.Design Summary,Page 1 of 2

Permit No.
(to be provided by DWQ)
-,. :DESIGN INFORMATION
Surface Areas
Area,temporary pool 236,; 3 ft2
Area REQUIRED,permanent pool 57,088 ft2
SA/DA ratio 3.69(unitless)
Area PROVIDED,permanent pool,Ate,,,,_poci 224,172 ft2 OK
Area,bottom of 10ft vegetated shelf,Aye,shell Na ft2
Area,sediment cleanout top elevation(bottom of pond),^6otpond 134,876 ft2
Volumes
Volume,temporary pool 154,407 ft3 OK
Volume,permanent pool,Vp,,,pod 689,499 ft3
Volume,forebay(sum of forebays if more than one forebay) me ft3
Forebay%of permanent pool volume #VALUE!% #VALUE!
SAIDA Table Data
Design TSS removal 90%
Coastal SAIDA Table Used? Y (Y or N)
Mountain/Piedmont SA/DA Table Used? N (Y or N)
SAIDA ratio 3.69(unitless)
Average depth(used in SA/DA table):
Calculation option 1 used?(See Figure 10-2b) Y (Y or N)
Volume,permanent pool,Vp„,_pod 689,499 ft3
Area provided,permanent pool,Ape,,,,yx,,4 224,172 ft2
Average depth calculated 3.10 ft OK
Average depth used in SA/DA,dm„(Round to nearest 0.5ft) 3.1 ft OK
Calculation option 2 used?(See Figure 10-2b) N (Y or N)
Area provided,permanent pool,Ape,„_pod 224,172 ft2
Area,bottom of 10ft vegetated shelf,A6he n/a ft2
Area,sediment cleanout,top elevation(bottom of pond).Abot_Kod 134,876 ft2
"Depth"(distance b/w bottom of 10ft shelf and top of sediment) #VALUEI ft
Average depth calculated ft
Average depth used in SAIDA,day,(Round to nearest 0.5ft) ft
Drawdown Calculations
Drawdown through orifice? Y (Y or N)
Diameter of orifice(if circular) 6 00 in
Area of orifice(if-non-circular) in2
Coefficient of discharge(Co) 0.60(unitless)
Driving head(Ho) 0.14 ft
Drawdown through weir? N (Y or N)
Weir type (unitless)
Coefficient of discharge(C",) (unitless)
Length of weir(L) ft
Driving head(H) ft
Pre-development 1-yr,24-hr peak flow 0.85 ft3/sec
Post-development 1-yr,24-hr peak flow 2.33 ft3/sec
Storage volume discharge rate(through discharge orifice or weir) 0.35 ft3/sec
Storage volume drawdown time 4.87 days OK,draws down in 2-5 days.
Additional Information
Vegetated side slopes N/A:1 OK 7�
Vegetated shelf slope N/A:1 OK ��C 1`I VEI
Vegetated shelf width N/A ft OK I ✓
Length of flowpath to width ratio N/A:1 OK FEB 2 3 2011
Length to width ratio N/A:1 OK
Trash rack for overflow&orifice? Y Cr'or N) OK
Freeboard provided 1.0 ft OK I BY
Vegetated filter provided? N (Y or N) OK
Recorded drainage easement provided? Y (Y or N) OK
Capures all runoff at ultimate build-out? Y (Y or N) OK
Drain mechanism for maintenance or emergencies is: Gate valve in bottom of outlet structure
Form SW401-Wet Detention Basin-Rov.8-9/17/09 Parts I.&II.Design Summary,Page 2 of 2

Permit No.
(to be provided by DWQ)
f i E 1RK /fI MS CHECKLIST
Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will
result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to
indicate the following design requirements have been met. If the applicant has designated an agent,the agent may initial below. If a
requirement has not been met,attach justification.
Pagel Plan
Initials Sheet No.
1. Plans(1"-50'or larger)of the entire site showing:
-Design at ultimate build-out,
-Off-site drainage(if applicable),
-Delineated drainage basins(include Rational C coefficient per basin),
Basin dimensions,
-Pretreatment system,
High flow bypass system,
-Maintenance access,
-Proposed drainage easement and public right of way(ROW),
-Overflow device,and
Boundaries of drainage easement.
<✓7/ 2. Partial plan(1"=30'or larger)and details for the wet detention basin showing:
-Outlet structure with trash rack or similar,
Maintenance access,
Permanent pool dimensions,
-Forebay and main pond with hardened emergency spillway,
-Basin cross-section,
-Vegetation specification for planting shelf,and
Filter strip.
/'�/� 3. Section view of the wet detention basin(1" 20'or larger)showing:
-Side slopes,3:1 or lower,
-Pretreatment and treatment areas,and
-Inlet and outlet structures.
4. If the basin is used for sediment and erosion control during construction,clean out of the basin is specified
on the plans prior to use as a wet detention basin.
H//1 5. A table of elevations,areas,incremental volumes&accumulated volumes for overall pond and for forebay,
to verify volume provided.
T_ 6. A construction sequence that shows how the wet detention basin will be protected from sediment until the
entire drainage area is stabilized.
.SS34 7. The supporting calculations.
8. A copy of the signed and notarized operation and maintenance(O&M)agreement.
9. A copy of the deed restrictions(if required).
zg 10. A soils report that is based upon an actual field investigation,soil borings,and infiltration tests. County
soil maps are not an acceptable source of soils information. .....
i RECFI V EI-)
FEB 2 3 2011
Form SW401-Wet Detention Basin-Rev.8-9/17/09 Part III.Required Items Checklist,Page 1 of 1

Permit No.✓�f1��S OLD9�
(to be provided by DWQ)
ukt AT4-
AV4`.{
■1CDEHR
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form must be filled out,printed and submitted.
The Required Items Checklist(Part Ill)must be printed,filled out and submitted along with all of the required information.
PROJECT INFORMATION
Project name Palmetto Creek of the Carolinas
Contact person Jeff Poirot,.P.E.
Phone number 910-254-9333 x 10E12
Date 2011-02-11
Drainage area number Pond#1B
b- !ESIGN INFORMATION
Site Characteristics
Drainage area 327,258 ft2
Impervious area,post-development 77,850 ft2
%impervious 23.79%
Design rainfall depth 1.5 in
Storage Volume: Non-SA Waters
Minimum volume required ft3
Volume provided ft3
Storage Volume: SA Waters
1.5'runoff volume 10,803 ft3 �'(te$xr r s Nd J^Sit $Jr /1f 4a��'D
Pre-development 1-yr,24-hr runoff 0
Post-development 1-yr,24-hr runoff 0 ft3 Ta (iKmf (zdr0tltQIL.''w7
Minimum volume required 10,803 ft3
Volume provided 12,948 ft3
Peak Flow Calculations
Is the pre/post control of the 1yr 24hr storm peak flow required? N (Y or N)
1-yr,24-hr rainfall depth in --
Rational C,pre-development (unitless) -' ••-' v 5�
Rational C,post-development (unitless)
Rainfall intensity:1-yr,24-hr storm in/hr FEB 2 3 2011
Pre-development 1-yr,24-hr peak flow 0.18 ft3/sec
Post-development 1-yr,24-hr peak flow 0.40 ft3/sec B
Pre/Post 1-yr,24-hr peak flow control 0.22 ft3/sec
Elevations
Temporary pool elevation 31.00 fmsl
Permanent pool elevation 30.75 fmsl
SHWT elevation(approx.at the perm.pool elevation) 30.75 fmsl
Top of 10ft vegetated shelf elevation N/A fmsl
Bottom of 10ft vegetated shelf elevation NIA fmsl Data not needed for calculation option#1,but OK if provided.
Sediment cleanout,top elevation(bottom of pond) 27.00 fmsl
Sediment cleanout,bottom elevation 26.00 fmsl Data not needed for calculation option#1,but OK if provided.
Sediment storage provided 1.00 ft
Is there additional volume stored above the state-required temp.pool? N (Y or N)
Elevation of the top of the additional volume fmsl
Form SW401-Wet Detention Basin-Rev.8-9/17109 Parts I.&II.Design Summary,Page 1 of 2

Permit No.
(to be provided by DWQ)
[DESIGN INFORMATION
Surface Areas
Area,temporary pool 52,112 ft2
Area REQUIRED,permanent pool 7,854 ft2
SA/DA ratio 240(unitless)
Area PROVIDED,permanent pool,A 51,456 ft2 OK
Area,bottom of 10ft vegetated shelf,Abot their n/a ft2
Area,sediment cleanout,top elevation(bottom of pond),A ,d 44:477 ft2
Volumes
Volume,temporary pool 12,946 ft3 OK
Volume,permanent pool,Vp„,,n_pool 178,795 ft3
Volume,forebay(sum of forebays if more than one forebay) n/a ft3
Forebay%of permanent pool volume #VALUE! % #VALUE!
SAIDA Table Data
Design TSS removal 90%
Coastal SA/DA Table Used? Y (Y or N)
Mountain/Piedmont SA/DA Table Used? N (Y or N)
SA/DA ratio 2.40(unitless)
Average depth(used in SA/DA table):
Calculation option 1 used?(See Figure 10-2b) Y (Y or N)
Volume,permanent pool,Vp.,,,,y� 178,795 ft3
Area provided,permanent pool,Apenn_pod 51,456 ft2
Average depth calculated 3.47 ft OK
Average depth used in SA/DA,da,„(Round to nearest 0.5ft) 3.5 ft OK
Calculation option 2 used?(See Figure 10-2b) N (Y or N)
Area provided,permanent pool,Ate, 51,456 ft2
Area,bottom of 10ft vegetated shelf,Abat abe n/a ft2
Area,sediment deanout,top elevation(bottom of pond),Abar „d 44,477 ft2
"Depth"(distance b/w bottom of 10ft shelf and top of sediment) #VALUE! ft
Average depth calculated ft
Average depth used in SAIDA,da„ (Round to nearest 0.5ft) ft
Drawdown Calculations
Drawdown through orifice? Y (Y or N)
Diameter of orifice(if circular) 3.00 in
Area of orifice(if-non-circular) in2
Coefficient of discharge(Co) 0.60(unitless)
Driving head(Ho) 0.04 ft
Drawdown through weir? N (Y or N)
Weir type (unitless)
Coefficient of discharge(Cw) (unitless)
Length of weir(l.) ft
Driving head(H) ft
Pre-development 1-yr,24-hr peak flow 0.18 ft3/sec
Post-development 1-yr,24-hr peak flow 0.40 ft3/sec
Storage volume discharge rate(through discharge orifice or weir) 0.05 ft3/sec
Storage volume drawdown time 2 59 days OK draws down in 2-5 days.
Additional Information
Vegetated side slopes NIA:1 OK
Vegetated shelf slope N/A:1 OK
Vegetated shelf width N/A ft OK
Length of fiowpath to width ratio N/A:1 OK
Length to width ratio N/A:1 OK FEB 2 3 2011
Trash rack for overflow&orifice? Y (Y or N) OK
Freeboard provided 10 ft OK
Vegetated filter provided? N (Y or N) OK
Recorded drainage easement provided? Y (Y or N) OK
Capures all runoff at ultimate build-out? Y (Y or N) OK
Drain mechanism for maintenance or emergencies is: Gate valve in bottom of outlet structure
Form SW401-Wet Detention Basin-Rev.8-9/17/09 Parts I.&II.Design Summary,Page 2 of 2

Permit No.
(to be provided by DWQ)
9 . i c_iiiiRED ITEMS CHECKLIST
Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will
result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to
indicate the following design requirements have been met. If the applicant has designated an agent,the agent may initial below. If a
requirement has not been met,attach justification.
Pagel Plan
Initials Sheet No.
›re 1. Plans(1"-50'or larger)of the entire site showing:
-Design at ultimate build-out,
-Off-site drainage(if applicable),
-Delineated drainage basins(include Rational C coefficient per basin),
-Basin dimensions,
-Pretreatment system,
-High flow bypass system,
-Maintenance access,
Proposed drainage easement and public right of way(ROW),
Overflow device,and
-Boundaries of drainage easement.
4/7-4_
� 2. Partial plan(1"=30'or larger)and details for the wet detention basin showing:
-Outlet structure with trash rack or similar,
-Maintenance access,
-Permanent pool dimensions,
-Forebay and main pond with hardened emergency spillway,
-Basin cross-section,
-Vegetation specification for planting shelf,and
-Filter strip.
!+ 3. Section view of the wet detention basin(1"=20'or larger)showing:
-Side slopes,3:1 or lower,
-Pretreatment and treatment areas,and
-Inlet and outlet structures.
/vba 4. If the basin is used for sediment and erosion control during construction,clean out of the basin is specified
on the plans prior to use as a wet detention basin.
NL4 5. A table of elevations,areas,incremental volumes&accumulated volumes for overall pond and for forebay,
to verify volume provided.
_.. 6. A construction sequence that shows how the wet detention basin will be protected from sediment until the
entire drainage area is stabilized.
7. The supporting calculations.
8. A copy of the signed and notarized operation and maintenance(O&M)agreement.
9. A copy of the deed restrictions(if required).
10. A soils report that is based upon an actual field investigation,soil eaLgo my
soil maps are not an acceptable source of soils information. I -'
FEB 2 3 2011
Form SW401-Wet Detention Basin-Rev.8-9/17/09 Part HI.Required Items Checklist,Page 1 of 1

Permit No.��A;`f` " 7J
(to be provided by DWQ)
Ar• OC. A7'9Q
C3 G
NCDENtt
STORMWATER MANAGEMENT PERMIT AP
PLICATION FORM
401 CERTIFICATION APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form must be filled out printed and submitted.
The Required Items Checklist(Part III)must be printed,filled out and submitted along with all of the required information.
9. PROJECT iNFORNIATl0t4
Project name Palmetto Creek of the Carolinas
Contact person deft Petroff,P.E.
Phone number 910-254-9333 x 1002
Date 2011-02-11
Drainage area number Pond$t2
I)ESfGN INFCRMATiCnt
Site Characteristics
Drainage area 729,939 ftz
Impervious area,post-development 191,442 ft2
%impervious 26.23%
Design rainfall depth 3.9 in
Storage Volume: Non-SA Waters
Minimum volume required ft3
Volume provided ft3
Storage Volume: SA Waters
1.5"runoff volume 26,099 ft3 d?car i r ,t/o„I�Si4 ��t �4aae,ao
Pre-development 1-yr,24-hr runoff 11,952 ft3 I
Post-development 1-yr,24-hr runoff 68 PQ
36g ft3 T� Ts'J RG dLlu rAlRI+r
Minimum volume required 56,417 ft3
Volume provided 60,729 ft3
Peak Flow Calculations
Is the pre/post control of the lyr 24hr storm peak flow required? N (Y or N)
1-yr,24-hr rainfall depth in ����.
Rational C,pre-development (unitless) REC.1...i 'V/L" .
Rational C,post-development (unitless)
Rainfall intensity:1-yr,24-hr storm in/hr FEB 2 3 2011
Pre-development 1-yr,24-hr peak flow 0.40 ft3/sec
Post-development 1-yr,24-hr peak flow 0,97 ft3/sec Pre/Post 1-yr,24-hr peak flow control 0.57 ft3/sec113* -
Elevations
Temporary pool elevation 29.25 fmsl
Permanent pool elevation 28 33 fmsl
SHWT elevation(approx.at the perm.pool elevation) - 28.33 fmsl
Top of 10ft vegetated shelf elevation NIA fmsl
Bottom of 10ft vegetated shelf elevation N/A fmsl Data not needed for calculation option#1,but OK if provided.
Sediment cleanout,top elevation(bottom of pond) 25.00 fmsl
Sediment cleanout,bottom elevation 24.00 fmsl Data not needed for calculation option#1,but OK if pmvided.
Sediment storage provided 1.00 ft
is there additional volume stored above the state-required temp.pool? N (Y or N)
Elevation of the top of the additional volume fmsl
Form SW401-Wet Detention Basin-Rev.69/17/09 Parts I.&II.Design Summary,Page 1 of 2

Permit No.
(to be provided by DWQ)
it. DESIGN INFORMATION
Surface Areas
Area,temporary pool b8,009 ft2
Area REQUIRED,permanent pool 22,482 ft2
SA/DA ratio 3.08(unitless)
Area PROVIDED,permanent pool,Ape,,,,, 64,018 ft2 OK
Area,bottom of 10ft vegetated shelf,Aboukir n/a ft2
Area,sediment cleanout,top elevation(bottom of pond),Abot-pe„d 49,903 ft2
Volumes
Volume,temporary pool 60,729 ft3 OK
Volume,permanent pool,Vim,,, , 192,286 ft3
Volume,forebay(sum of forebays if more than one forebay) n/a ft3
Forebay%of permanent pool volume #VALUE! % #VALUE!
SA/DA Table Data
Design TSS removal 90%
Coastal SA/DA Table Used? Y (Y or N)
Mountain/Piedmont SA/DA Table Used? N (Y or N)
SA/DA ratio 3.08(unitless)
Average depth(used in SA/DA table):
Calculation option 1 used?(See Figure 10-2b) Y (Y or N)
Volume,permanent pool,Vp„,„„_ppoi 192,286 ft3
Area provided,permanent pool,Ape„_pcd 64,018 ft2
Average depth calculated 3.00 ft OK
Average depth used in SA/DA,dm„(Round to nearest 0.5ft) 3.0 ft OK
Calculation option 2 used?(See Figure 10-2b) N (Y or N)
Area provided,permanent pool,Amu.' 64,018 ftz
Area,bottom of 10ft vegetated shelf,AbaLsnd n/a ft2
Area,sediment cleanout,top elevation(bottom of pond),Abot_po„d 49,903 ft2
"Depth"(distance b/w bottom of 10ft shelf and top of sediment) #VALUE! ft
Average depth calculated ft
Average depth used in SA/DA,dm (Round to nearest 0.5ft) ft
Drawdown Calculations
Drawdown through orifice? Y (Y or N)
Diameter of orifice(if circular) 4.00 in
Area of orifice(if-non-circular) in2
Coefficient of discharge(CD) 0.60(unitless)
Driving head(Hn) 0.25 ft
Drawdown through weir? N (Y or N)
Weir type (unitless)
Coefficient of discharge(Cw) (unitless)
Length of weir(L) ft
Driving head(H) ft
Pre-development 1-yr,24-hr peak flow 0.40 ft3/sec
Post-development 1-yr,24-hr peak flow 0.97 ft3/sec
Storage volume discharge rate(through discharge orifice or weir) 0.21 ft3/sec
Storage volume drawdown time 3.10 days OK,draws down in 2-5 days.
Additional Information ``�__
Vegetated side slopes N/A:1 OK i .It�..�t,'.4%
Vegetated shelf slope N/A:1 OK
Vegetated shelf width N/A ft OK j FEB 2 3 2 01 1
Length of flowpath to width ratio N/A:1 OK
Length to width ratio N/A:1 OK .
Trash rack for overflow&orifice? Y (Y or N) OK.
Freeboard provided 1.0 ft OK
Vegetated filter provided? N (Y or N) OK
Recorded drainage easement provided? Y (Y or N) OK
Capures all runoff at ultimate build-out? Y (Y or N) OK
Drain mechanism for maintenance or emergencies is: Gate valve in bottom of outlet structure
Fnrm SW401-Wet Detention Basin-Rev.8-9/17/09 Parts I.&II.Design Summary,Page 2 of 2

Permit No.
(to be provided by DWQ)
it!. REQUIRED ITEMS CHECKLIST
Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will
result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to
indicate the following design requirements have been met. If the applicant has designated an agent,the agent may initial below. If a
requirement has not been met,attach justification.
Pagel Plan
Initials Sheet No.
a$(7 1. Plans(1"-50'or larger)of the entire site showing:
-Design at ultimate build-out,
-Off-site drainage(if applicable),
-Delineated drainage basins(include Rational C coefficient per basin),
-Basin dimensions,
-Pretreatment system,
-High flow bypass system,
-Maintenance access,
-Proposed drainage easement and public right of way(ROW),
Overflow device,and
Boundaries of drainage easement.
Partial plan(1"=30'or larger)and details for the wet detention basin showing:
-Outlet structure with trash rack or similar,
-Maintenance access,
Permanent pool dimensions,
Forebay and main pond with hardened emergency spillway,
-Basin cross-section,
-Vegetation specification for planting shelf,and
-Filter strip.
3. Section view of the wet detention basin(1" 20'or larger)showing:
-Side slopes,3:1 or lower,
-Pretreatment and treatment areas,and
-Inlet and outlet structures.
i✓7i'r 4. If the basin is used for sediment and erosion control during construction,clean out of the basin is specified
on the plans prior to use as a wet detention basin.
/✓f// 5. A table of elevations,areas,incremental volumes&accumulated volumes for overall pond and for forebay,
to verify volume provided.
,a i4 6. A construction sequence that shows how the wet detention basin will be protected from sediment until the
entire drainage area is stabilized.
7. The supporting calculations.
^8'Q 8. A copy of the signed and notarized operation and maintenance(O&M)agreement.
SAP 9. A copy of the deed restrictions(if required).
10.A soils report that is based upon an actual field investigation,soil borings,and infiltration tests. County
soil maps are not an acceptable source of soils information.
I 3.V.t _• ~.R A. M A./L'
FEB 2 3 2011
BY
Form SW401-Wet Detention Basin-Rev.8-9/17/09 Part III.Required Items Checklist,Page 1 of 1

DWQ Project No. l'vo Z).'-'
DMSION OF WATER QUALITY - 401 EXTENDED DETENTION(and POCKET')WETLAND WORKSHEET
I. PROJECT INFORM 4ATION(please complete the following information):
Project Name: r7.4e.M6rr GeEGK K. OF Tarr CA2oLlNRr
Contact Person: 1.1.ee r LCXvM Phone Number: (q i o) 3 92 — q 3 PS
—
For projects with multiple basins,specify which basin this worksheet applies to: 13 og Ar *.
Permanent Pool Elevation U,0 ft. (elevation of the orifice invert out)
Temporary Pool Elevation .0 ft (elevation of the outlet structure invert in)
Permanent Pool Surface Area 1 s 1 77 sq.ft (water surface area at permanent pool elevation)
Drainage Area za 7 ac. (on-site and off-site drainage to the basin)
Impervious Area 2"15— ac. (on site and off-site drainage to the basin)
Forebay Surface Area 4'77 sq.ft (at permanent pool elevation approximately 15%)*
Marsh 0"-9" Surface Area 35bb sq.ft. (at permanent pool elevation approximately 35%)*
Marsh 9"-18" Surface Area 3500 sq.ft. (at permanent pool elevation approximately 35%)*
Micro Pool Surface Area 1 APO sq.ft. (at permanent pool elevation approximately 15%)*
Temporary Pool Volume *,Y 23 3 cu.ft (volume detained on top of the permanent pool)
SA/DA used I (surface area to drainage area ratio)*
Diameter of Orifice 4/4-T,,,oki ,ftwin (draw down orifice diameter)
II. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a
requirement has not been met,attach an explanation of why.At a minimum,a complete stormwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for
additional information and will substantially delay final review and approval of the project
Applicants Initials
S3 P The temporary pool controls runoff from the 1 inch rain.
S\3 P The basin side slopes are no steeper than 3:1.
P A planting plan for the marsh areas with plant species and densities is provided.
36 P Vegetation above the permanent pool elevation is specified.
'SI3 P An emergency drain is provided to drain the basin.
"S"13 t -The temporary pool draws down in 2 to 5 days. * 1-e ss TWA.✓ s— DA r r
'32,P Sediment storage is provided in the permanent pool P A sediment disposal area is provided.
-) 13 r' Access is provided for maintenance.
6 P A site specific,signed and notarized operation and maintenance agreement is provided.
"313 The drainage area(including any offsite area)is delineated on a site plan.
'S. Access is provided for maintenance.
5[3 Plan details for the wetland are provided.
SI3 l' Plan details for the inlet and outlet are provided.
.S 6 P A site specific operation and maintenance agreement,signed and notarized by the responsible party is provided(see
http://h2o.ehnr.state.nc.us/ncwetlands/oandm.doc).
*Pocket Wetlands have different design parameters and are only assumed to remove 35%TSS—See pp.19 and 20 of the NC DENR
Stormwater BMP Manual,April 1999.10%open water,50%high marsh,40%low marsh.
IVED
MAY 162011
BY:

DWG}Project No. SW 7 0 SO 2 3 9*
DIVISION OF WATER QUALITY - 401 EXTENDED DETENTION(and POCKET*)WETLAND WORKSHEET
I. PROJECT INFORMATION(please complete the following information):
Project Name: PAc..,n 6 r-0 G¢tee oP Twe G.F¢a«..-A$
Contact Person: BE, - i.r M Phone Number: (9 i o) 9'2 _'9 3 a 5
For projects with multiple basins,specify which basin this worksheet applies to: j3Asi„,
Permanent Pool Elevation a.I. 0 ft. (elevation of the orifice invert out)
Temporary Pool Elevation 2 3. O ft (elevation of the outlet structure invert in)
Permanent Pool Surface Area /Y..4,Z '+o`oiP+ q.ft (water surface area at permanent pool elevation)
Drainage Area 1 Y.3 ac. (on-site and off-site drainage to the basin)
Impervious Area C. 8 7 ac. (on-site and off-site drainage to the basin)
Forebay Surface Area H/e4 sq.ft (at permanent pool elevation approximately 15%)*
Marsh 0"-9" Surface Area Tooc sq.ft. (at permanent pool elevation approximately 35%)*
Marsh 9"-18" Surface Area ti o p sq.ft. (at permanent pool elevation approximately 35%)*
Micro Pool Surface Area i Soo sq.t. (at permanent pool elevation approximately 15%)*
Temporary Pool Volume 2 7,7 75-- cu.ft. (volume detained on top of the permanent pool)
SA/DA used .v/A-=..r,1..r0r., (surface area to drainage area ratio)*
Diameter of Orifice nr�n- Aix-rc-r2.-1.,.,in. (draw down orifice diameter)
II. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. if a
requirement has not been met, attach an explanation of why.At a minimum,a complete stormwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for
additional information and will substantially delay final review and approval of the project
Applicants Initials
S t3 r> The temporary pool controls runoff from the 1 inch rain.
-t3P The basin side slopes are no steeper than 3:1.
--Tt3(' A planting plan for the marsh areas with plant species and densities is provided.
—s-41' Vegetation above the permanent pool elevation is specified.
3DP An emergency drain is provided to drain the basin.
-3-Q P E- The temporary pool draws down in 2 to 5 days.* Le rr T,v.gN S'DArs
SQ P Sediment storage is provided in the permanent pool.
- 13 P A sediment disposal area is provided.
Yl3 P Access is provided for maintenance.
33 P A site specific,signed and notarized operation and maintenance agreement is provided.
4 P The drainage area(including any offsite area)is delineated on a site plan.
-34P Access is provided for maintenance.
313? Plan details for the wetland are provided.
3 P Plan details for the inlet and outlet are provided.
5a P A site specific operation and maintenance agreement,signed and notarized by the responsible party is provided(see
http://h2o.ehnr.state.nc.us/ncweflands/oandm.doc).
*Pocket Wetlands have different design parameters and are only assumed to remove 35%TSS—See pp.19 and 20 of the NC DENR
Stomiwater BMP Manual,April 1999.10%open water,50%high marsh,40%low marsh.

DWQ Project No. 56t>8 0 SO 23 9
DIVISION OF WATER QUALITY - 401 EXTENDED DETENTION(and POCKETI WETLAND WORKSHEET
I. PROJECT INFORMATION(please complete the following information):
Project Name: PA L-,,1 6 rrc G 2 Lek. OF ME" 64-,442.1-1..-4 r
Contact Person: j3 En r F xu... Phone Number: ( yre ) 3 '2 - 13 2-5--
For projects with multiple basins,specify which basin this worksheet applies to: 134r„r #3
Permanent Pool Elevation d. O ft. (elevation of the orifice invert out)
Temporary Pool Elevation a r. 0 ft. (elevation of the outlet structure invert in)
Permanent Pool Surface Area .d�-IMFa.7Q,ariAv sq.ft. (water surface area at permanent pool elevation)
Drainage Area .y6 ac. (on-site and off-site drainage to the basin)
Impervious Area a.8'/ ac. (on-site and off-site drainage to the basin)
Forebay Surface Area 7,200 sq.ft (at permanent pool elevation approximately 15%)*
Marsh 0"-9" Surface Area 7000 sq.ft (at permanent pool elevation approximately 35%)*
Marsh 9"-18" Surface Area 6000 sq.ft. (at permanent pool elevation approximately 35%)*
Micro Pool Surface Area CWa sq.ft (at permanent pool elevation approximately 15%)*
Temporary Pool Volume ..5 8S6 cu.ft. (volume detained on top of the permanent pool)
SA/DA used ,V/4-a-vFiLTQA-rp,,. (surface area to drainage area ratio)*
Diameter of Orifice .v/,a-SNF,LTIArnr in. (draw down orifice diameter)
IL REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a
requirement has not been met,attach an explanation of why.At a minimum,a complete stormwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement An incomplete submittal package will result in a request for
additional information and will substantially delay final review and approval of the project
Applicants Initials
7-3 P The temporary pool controls runoff from the 1 inch rain.
R P The basin side slopes are no steeper than 3:1.
3 l3 P A planting plan for the marsh areas with plant species and densities is provided.
313 P Vegetation above the permanent pool elevation is specified.
'311 P An emergency drain is provided to drain the basin.
"3l3 P c- The temporary pool draws down in 2 to 5 days.A Lerr 7-H.4.. S oA,r,
5 BP Sediment storage is provided in the permanent pool.
-M P A sediment disposal area is provided.
313 P Access is provided for maintenance.
313 P A site specific,signed and notarized operation and maintenance agreement is provided.
-I—L3P The drainage area(including any offsite area)is delineated on a site plan.
3 I3 P Access is provided for maintenance.
311 P Plan details for the wetland are provided.
-173 P Plan details for the inlet and outlet are provided.
313P A site specific operation and maintenance agreement,signed and notarized by the responsible party is provided(see
http://h2o.ehnr.state.nc.us/ncwetlands/oandm.doc).
*Pocket Wetlands have different design parameters and are only assumed to remove 35%TSS—See pp. 19 and 20 of the NC DENR
Stormwater BMP Manual,April 1999. 10%open water,50%high marsh,40%low marsh.

DWQ Project No. S co i t0 5o Z 3(::::,
DIVISION OF WATER QUALITY - 401 EXTENDED DETENTION(and POCKET")WETLAND WORKSHEET
I. PROJECT INFORMATION(please complete the following information):
Project Name: Rig-An FTTo e ae-e:c C. Titc 4.4zoc,.✓4r
Contact Person: REa-i- Phone Number ( qro) 39 2 — q 3 n.S
For projects with multiple basins,specify which basin this worksheet applies to: f3 A.r,.be #y
Permanent Pool Elevation 1.0 ft. (elevation of the orifice invert out)
Temporary Pool Elevation . .3. 0 ft. (elevation of the outlet structure invert in)
Permanent Pool Surface Area 4,7,4-Te++twmfrreaq.ft (water surface area at permanent pool elevation)
Drainage Area 8 17 ac. (on-site and off-site drainage to the basin)
Impervious Area 3 G 7 ac. (on-site and off-site drainage to the basin)
Forebay Surface Area ,-✓/•4 sq.ft. (at permanent pool elevation approximately 15%)*
Marsh 0"-9" Surface Area Soon sq.ft (at permanent pool elevation approximately 35%)'
Marsh 9"-18" Surface Area 40co sq.ft. (at permanent pool elevation approximately 35%)'
Micro Pool Surface Area aa° sq.ft. (at permanent pool elevation approximately 15%)"
Temporary Pool Volume 2 0, y P y cu.ft. (volume detained on top of the permanent pool)
SA/DA used .0 -2-.✓r]s7,Q,47,-r (surface area to drainage area ratio)*
Diameter of Orifice //sr—.T.✓riL,aAs,oa in. (draw down orifice diameter)
IL REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a
requirement has not been met,attach an explanation of why.At a minimum,a complete stormwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for
additional information and will substantially delay final review and approval of the project
Applicants initials
S13 P The temporary pool controls runoff from the 1 inch rain.
3 BP The basin side slopes are no steeper than 3:1.
S c3 I' A planting plan for the marsh areas with plant species and densities is provided.
3 Q I' Vegetation above the permanent pool elevation is specified.
SQ P An emergency drain is provided to drain the basin.
'C13 P y The temporary pool draws down in 2 to 5 days. E Le.-r T,f.,... .S a wrs
3-13P Sediment storage is provided in the permanent pool.
5 t3 P A sediment disposal area is provided.
3"-BP Access is provided for maintenance.
—313 P A site specific,signed and notarized operation and maintenance agreement is provided.
S13 P The drainage area(including any offsite area)is delineated on a site plan.
vTtP Access is provided for maintenance.
-313 P Plan details for the wetland are provided.
"513 P Plan details for the inlet and outlet are provided.
313P A site specific operation and maintenance agreement,signed and notarized by the responsible party is provided(see
http://h2o.ehnnstate.nc.us/ncwetlands/oandm.doc).
*Pocket Wetlands have different design parameters and are only assumed to remove 35%TSS—See pp.19 and 20 of the NC DENR
Stormwater BMP Manual,April 1999.10%open water,50%high marsh,40%low marsh.

DWQ Project No. SlN Y 0 SO 2347
DIVISION OF WATER QUALITY - 401 EXTENDED DETENTION(and POCKET*)WETLAND WORKSHEET
I. PROJECT INFORMATION(please complete the following information):
Project Name: PAL,1 crry C 2 a-el p J. Tas e4�.l,,..AY
Contact Person: 13 c-/t r C-xw.•. Phone Number: ( afro ) a —1 3 as"-
For projects with multiple basins,specify which basin this worksheet applies to: jT,4.-'.-'
Permanent Pool Elevation . a,0 ft (elevation of the orifice invert out)
Temporary Pool Elevation a 3.O ft. (elevation of the outlet structure invert in)
Permanent Pool Surface Area N/A-.1NFeashi wsq.ft. (water surface area at permanent pool elevation)
Drainage Area ( .(N ac. (on-site and off-site drainage to the basin)
Impervious Area /°q6 ac. (on-site and off-site drainage to the basin)
Forebay Surface Area ...;/4 sq.ft (at permanent pool elevation approximately 15%)*
Marsh 0"-9" Surface Area 3.t:oo sq.ft. (at permanent pool elevation approximately 35%)*
Marsh 9"-18° Surface Area 3cov sq.ft. (at permanent pool elevation approximately 35%)*
Micro Pool Surface Area a 000 sq.ft. (at permanent pool elevation approximately 15%)*
Temporary Pool Volume /I,a Cu.l.5 ft. (volume detained on top of the permanent pool)
SA/DA used /t7A-.1-.1FI4-111AYie.o (surface area to drainage area ratio)*
Diameter of Orifice .✓/A-2,r i t-r ak,ror in. (draw down orifice diameter)
II. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a
requirement has not been met,attach an explanation of why.At a minimum,a complete stormwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for
additional information and will substantially delay final review and approval of the project
Applicants initials
SC3 P The temporary pool controls runoff from the 1 inch rain.
3 13 P The basin side slopes are no steeper than 3:1.
.513P A planting plan for the marsh areas with plant species and densities is provided.
313 P Vegetation above the permanent pool elevation is specified.
33 P An emergency drain is provided to drain the basin.
353 P * The temporary pool draws down in 2 to 5 days. -E Lesr THA' S p,Ars
-MP Sediment storage is provided in the permanent pool.
"51t P A sediment disposal area is provided.
-STIP Access is provided for maintenance.
-sal" A site specific,signed and notarized operation and maintenance agreement is provided.
IBP The drainage area(including any offsite area)is delineated on a site plan.
S 13 P Access is provided for maintenance.
-3-UP Plan details for the wetland are provided.
3 B P Plan details for the inlet and outlet are provided.
3 If- A site specific operation and maintenance agreement,signed and notarized by the responsible party is provided(see
http://h2o.ehnr.state.nc.us/ncwetlands/oandm.doc).
*Pocket Wetlands have different design parameters and are only assumed to remove 35%TSS-See pp. 19 and 20 of the NC DENR
Stormwater BMP Manual,April 1999.10%open water,50%high marsh,40%low marsh.

a�77:
NCDENR i
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
LEVEL SPREADER-VEGETATED FILTER STRIP (LS-VFS) SUPPLEMENT
This form must be completely filled out,printed,initialed,and submitted.
�I bF OJEC7 I NFO'AY N
Project name Palmetto Creek of the Carolinas
Contact name Jeff Petroff.P.E.
Phone number 910.254-9333 x 1002
Date 2011-02-11
Drainage area number Level Spreader#1
1. DESIGN INFORMATION
The purpose of the LS-VFS SW Rule: Diffuse flow at the end of a swabs,discharging toy5rwaters
Stormwater enters LS-VFS from A BMP
Type of VFS Engineered filter strip(graded&sodded,slope<8%)
Explanation of any"Other"responses above
If Stormwater Enters the LS-VFS from the Drainage Area
Drainage area __ ft2 Do not complete this section of:he form.
Impervious surface area _ _ ft2 Do not complete this sect on of the form.
Percent impervious % Do not compete this section of the form.
Rational C coefficient Do not complete this section of thl form.
Peak flow from the 1 in/hr storm cfs Do nt'.compete this section of the form.
Time of concentration min Do not complete this sect an of the form.
Rainfall intensity,10-yr storm in/hr Do not comp:ate this sect:on of Jo form.
Peak flow from the 10-yr storm cfs Do not comp:ate this section of the form.
Design storm Pick one:
Maximum amount of flow directed to the LS-VFS cfs Do not complete this section of the form.
Is a flow bypass system going to be used? (Y or N) Do not complete this main of the form.
Explanation of any"Other"responses above
If Stormwater Enters the LS-VFS from a BMP
Type of BMP Other: Explained below
Peak discharge from the BMP during the design storm 18.5 cfs
Peak discharge from the BMP during the 10-year storm 18.5 cfs
Maximum capacity of a 100-foot long LS-VFS 10 cfs
Peak flow directed to the LS-VFS 10 cfs
Is a flow bypass system going to be used? Y (Y or N)
Explanation of any"Other"responses above Water Quality Swales
LS-VFS Design
Forebay surface area sq ft I RECEIVED
Depth of forebay at stormwater entry point in
Depth of forebay at stormwater exit point 0 in Too shFfiow, i MAY 16 2011
Feet of level lip needed per cfs 10 ft/cfs
Computed minimum length of the level lip needed 100 ft
Form SW401 LS-VFS-29Nov2010-Rev.8 page 1 of 3

Length of level lip provided 100 ft
Width of VFS 30 ft
Elevation at downslope base of level lip 12 50 fmsl
Elevation at the end of the VFS that is farthest from the LS 12.00 fmsl
Slope(from level lip to the end of the VFS) 1.67 %
Are any draws present in the VFS? (Y or N) OK
Is there a collector swale at the end of the VFS? ht (Y or N)
Bypass System Design(if applicable)
Is a bypass system provided? Y (Y or N)
Is there an engineered flow splitting device? Y (Y or N) Fiaase provide plan deta"s of flow split`u&support'ng calcs.
Dimensions of the channel(see diagram below):
M 2.00 ft
B 3 50 ft
W 1350 ft
y(flow depth for 10-year storm) 0.86 ft
freeboard(during the 10-year storm) 1.64 ft
Peak velocity in the channel during the 10-yr storm 189 ft/sec
Channel lining material Pick one. R tP- RAP
Does the bypass discharge through a wetland? Y (Y or N) Rd s;gn channel to discharp to a dissipator pad adjacent to If
Does the channel enter the stream at an angle? N (Y or N) Redesign ch2nn31 so that it enters the stream at an angle.
Explanation of any"Other"responses above
w
f.s
I
1 ,
f _ I freeboard @wing the 10-yr stonill
y r do ang the 10-y1 sto rinJ
1 1 j 1
M 1d
1 B 1
O. REQUIRED REQURENTMn-Ems CWEEC ;LAST
EDIT Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result
in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following
design requirements have been met. If the applicant has designated an agent,the agent may initial below. If a requirement has not been met,attach
justification.
Requried Item: Initials Page or plan sheet number and any notes:
MAY 16 2011
�BY:
Form SW401 LS-VFS 29Nov2010-Rev.8 page 2 of 3

1. Plans(1" 50'or larger)of the entire site showing: Pti.T 5-id,
Design at ultimate build-out,
-Off-site drainage(if applicable),
-Delineated drainage basins(include Rational C coefficient per basin),
-Forebay(if applicable),
-High flow bypass system,
-Maintenance access,
-Proposed drainage easement and public right of way(ROW),and
-Boundaries of drainage easement.
2. Plan details(1"=30'or larger)for the level spreader showing: Sge SM -c'Harr /
-Forebay(if applicable), S
-High flow bypass system,
-One foot topo lines between the level lip and top of stream bank,
-Proposed drainage easement,and
-Design at ultimate build-out.
3. Section view of the level spreader(1' 20'or larger)showing: �1 5-w-s
Underdrain system(if applicable),
Level lip,
-Upslope channel,and
•
-Downslope filter fabric.
4. Plan details of the flow splitting device and supporting calculations(if applicable). P S Oster
I,,•.:�"�
5. A construction sequence that shows how the level spreader will be protected from S S-t,.-C
sediment until the entire drainage area is stabilized.
6. If a non-engineered VFS is being used,then provide a photograph of the VFS showing
that no draws are present. /✓ /a
7. The supporting calculations. "Tar
54AppLar.ovr.Fc. Coster
8, A copy of the signed and notarized operation and maintenance(O&M)agreement. 353E „ ,. s- rrvrD
Cot D
MAY 16 2011
Form SW401-LS-VFS-29Nov2010-Rev.8 page 3 of 3

741 Coastal Land Design, PLLC o 00,1%
Civil Engineering/Landscape Architecture ket
Land Planning/Construction Management
To: NCDENR—Wilmington Regional Office-DWQ Date: February 18,2010
127 Cardinal Drive Extension File: 101-01
Wilmington,NC 28405 Subject: Stormwater Permit Modification for
(910)796—7215 Palmetto Creek of the Carolinas
Attn: mural nda s SW8 050239
❑As Requested ❑For Your Files For Distribution❑ ® For your Review/Action/Approval
❑ Sent via Mail ❑ Sent via Courier
Quantity Drawing No. Description
1 Response Letter
2 Original and Copy of Application SWU-101
1 Original Low Density Supplement
3 Original Wet Detention Basin Supplement for Ponds 1A, 1B and 2
1 Original Level Spreader Supplement for Level Spreader#1
2 Original and Copy of Proposed Deed Restrictions
1 Revised Narrative with Calculations and NOAA table
2 Copies of the Drawings
RECETVED
FEB 2 8 2011
REMARKS Hi Linda,please find the enclosed and let me know if you have any questions. Thanks,
CC: File Coastal Land Design,PLLC
Bert Exum
Signed
etroff,P.E.
Trans-NCDENR-021 811

Palmetto Creek of the Carolinas
Brunswick County, North Carolina
Stormwater Modification
-Report and Calculations
Prepared for
XDV, Inc.
P.O. Box 1967
Wilmington, NC 28402
N1N , .rg lr Date: 18-February-2011
0 CA fit as
k041 OOss) 4%
Q4 .79
SEAL x
028858 k
e. -
i0 1, 6k Project #: 101-00
� t� `qd$
I Coastal Land Design, PLLC
''4 Civil Engineering/Landscape Architecture
� _ Land Planning/Construction Management
III .i:^irr:; r? P.O.Box 1172 [phone]
k='-` Wilmington, NC 28402 [phone] ` �
f� www.cideng.com ',' °a `
��2
\' ,

General
This submittal is for a stormwater permit modification to the Palmetto Creek of the
Carolinas development. The site is currently operating under permit number SW8
050239 issued on June 7, 2005. The site is located on Hwy 211 in the Lockwood Folly
Township of Brunswick County and is a low-density residential development. The
project site is bordered by NC 211 to the South, Old Lennon Rd. to the North, and
Scott's Branch Creek to the West.
The overall project remains low density(30% impervious under 1999 rules)with a
small reduction in project area and a corresponding reduction in impervious allocation.
The new project area is 180.9 acres. This modification includes the elimination of 4
lots and a reallocation of lot impervious. Four stormwater treatment methods are
utilized in the development: 18 water quality swales, 3 stormwater pond systems, 5
wetland/infiltration basins and 1 level spreader. The combination of four types of
treatment devices allows the project to meet NCDENR stormwater requirements.
Site
All infrastructure and site improvements are complete. The project area is
approximately 180.9 acres. The site has fairly significant relief towards Scott's
Branch. The interior of the site undulates with high and low points scattered
throughout. Soils are sandy with few silts and clays. Vegetation is fairly thin. The
roads utilize a curb and gutter collection system.
Water Quality Swales and a Level Spreader
Along Scott's Branch, 18 water quality swales are used to treat stormwater runoff. As
shown in the attached calculations,velocities are within allowable limits. All swales
were originally constructed several years ago and are now well established and
stabilized. Updated calculations and a curb outlet supplement are included in this
submittal. Also included are calculations and a supplement for a level spreader that is
being used in conjunction with Swales 14, 15 and 16 for additional post piping
treatment.
Stormwater Pond System
There are three stormwater ponds in this project. Ponds lA and 2 have been designed
to contain the lyr-24 storm event(3.93in from NOAA). And Pond 1B has been
designed to contain the 1.5in storm event as it discharges into Pond 1A. Properly sized
orifices have been added to the ponds to address storage capacity and drawdown times.
Calculations and supplements have been included for all ponds.

Wetland Detention Basin
There are 5 Wetland Detention Basins on this site that outlet through infiltration. All
basins were constructed per original plan. Extended detention wetland worksheets are
attached for each basin updating the actual drainage and impervious areas. The drainage
and impervious areas are all within the approved allocations as shown on the following
chart.
Previously Permitted Current Submittal
Drainage Impervious Drainage Impervious
Area (ac) Allocation (ac) Area (ac) Allocation (ac)
Wetland Basin#1 8.91 2.88 7.67 2.85
Wetland Basin#2 16.49 6.09 14.38 5.87
Wetland Basin#3 3.82 1.21 2.46 0.84
Wetland Basin#4 10.12 4.14 8.17 3.07
Wetland Basin#5 6.32 2.29 6.14 1.96
As originally permitted, infiltration is used to draw the pond back down to pre-storm
conditions. Outlet weirs and structures are used to convey extreme storm events above
the design storm.
Deed Restrictions
As part of this modification, a redistribution of lot impervious allocation is desired.
Therefore, sample deed restrictions at the desired distribution are also attached. Upon
approval from NCDENR, the recorded deed restrictions will be amended to match the
proposed deed restrictions. The applicant still owns all lots that are having their
impervious allocation reduced;therefore no individual lot owners are adversely
impacted. Additional language has been added to the proposed deed restrictions to
address both the low density portions of the project and areas treated by engineered
solutions.

Calculations
- Pond IA
- Pond 1B
- Pond 2
- Level Spreader 1

Wet Detention Basin Design Sheet
Palmetto Creek of the Carolinas
Storwmater Pond#1 A
Total Drainage Area,Ad= 1,547,455 [sfi
On-Site Buildings Impervious= 315,600 [sf]
On-Site Streets Impervious= 123,960 [sf1
On-Site Parking Impervious= 0 [sf]
On-Site Sidewalks Impervious= 11,620 [sf]
Off-Site Impervious= 0 [sf]
Other Impervious= 54,055 [sf]
Total Impervious Area,Ai= 505,235 [s1
Surface Area Calculations
Main Pond Permanent Volume
Main Pond Main Pond Incremental Accumulative
Contour Elevation Contour Area Volume Volume
ftnsll [sq ftl [cu ftl [cu ftl
23.00 121,573 Sediment Storage
24.00 134,876 0 0
25.00 148,262 141,569 141,569
26.00 189,933 169,098 310,667
27.00 208,562 199,248 509,914
27.83 224,172 179,585 689,499
28.00 227,259 38,372 727,870
28.50 236,883 116,036 843,906
29.00 246,000 120,721 964,626
30.00 I 289,280 267,640 1,232,266
Average Depth(d)=Accumulative Volume/Permenant Pool S.A.
d(ft)= 689,499 =3.1 ft
224,172
Minimum Average Depth=3ft < 3.1 ft < 7.5ft =Maximum Average Depth OK

Percent Impervious(Imp):
Imp= EAi/Ad
Imp= 505235/1547455
Imp= 32.65 [%]
Sediment Removal Efficiency= 90 [%]
SA/DA Ratio Determination
Higher Percentage= 40 SA/DA% Interpolation(Bi-Directional)
Higher Depth= 3.5 4.00 1st-SA/DA @ Depth Interpolation SA/DA%
Lower Depth= 3 4.50 SA/DA at Imp=40%,d=3.1 ft 4.42
SA/DA at Imp=30%,d=3.1 ft 3.42
Lower Percentage= 30 SA/DA%
Higher Depth= 3.5 3.00 2nd-SA/DA @ Impervious Interpolation SA/DA%
Lower Depth= 3 3.50 SA/DA Ratio at Imp=32.65%and d=3.1 ft 3.69
Pond Shall Have an Average Depth of 3.1 ft and Be Designed to Remove 90%TSS
SA/DA= 3.69 [%]
Required Surface Area at Permanent Pool Elevation(27.83 ft)for Pond
SAREQ.= (SA/DA)*Ad
SAREQ.= (3.69/100)*1547455sf
SAREQ.= 57,088 [sf]
SA Provided= 224,172 > 57,088 =SA Required
Temporary Storage Volume Calculations
Minimum Required Volume(Simple Method by Tom Scheuler):
Receiving water body name.. •I Cape Fear River
Receiving water body classification................. C;Sw
Receiving water body location........................ Brunswick County,North Carolina
Select the larger of the following:
First Flush Volume Required,P= 1.5 [in]
Rv= 0.05+0.009*(Imp) 60
S'r
Rv= 0.05+0.009*(32.65)
Rv= 0.344
Volume= P*Rv*Ad
Volume= (1.5/12)*(0.344)*(1547455sf)
Volume=I 66,511 [cf]
Difference in Pre/Post 1 Yr-24Hr Event,P= 3.93 [in] (NOAA Table)
Rv(p )=0.05+0.009*(Imp)
Rv(pRE)=0.05+0.009*(32.65)
Rv(PRE)= 0.344
Volume= P*(Rvpp-0.05)*Ad
Volume= (3.93/12)*(0.294)*(1547455st)
Volume= 148,918 [cf.]

Pond:Storm Storage Volume
Contour Contour Incremental Accumlative
Elevation Area Storage Storage
[fusll [sfl fell i [di
27.83 224,172 0 0
•
28.00 227,259 38,372 38,372
28.50 236,883 116,036 154,407
29.00 246,000 120,721 275,128
30.00 289,280 267,640 542,768
Minimum Temporary Storage Volume..................... 148,918 [cf]
Permanent Pool Elevation.............................. 27.83 [fmsl]
Minimum Temporary Pool Elevation......................................... 28.50 [finsl]
Designed Temporary Storage Volume........................................ 154,407 [cf]
Vol.Provided= 154,407 > 148,918 =Vol Required OK
Drawdown Orifice Sizing Calculations
Orifice Diameter,D= 6 I [in]
Orifice Coefficient,Cd= 0.6 Ha,=(DTPE-PPE-D/2)/3
Ao= 0.25*7c*(D)2 H„,,g=(28.5ft-27.83ft-0.50*6in/12in/ft)/3
Ao= 0.78540*(6in/12in/ft)^2 Hare= 0.14 [ft]
Ao= 0.196 [sf]
Qorifice= Cd*Ao*(2g*Havz)o5° tad=Minimum Storage Volume/Qorifice
Qorifice= (0.6)*(0.196sf)*(64.4fpss*0.14ft)^0.5 tdd=(148918cf/0.354cfs)/86,400sec/day
Qorifice= 0.354 [cfs] tdd= 4.87 [days]
2 days < 4.87 days < 5 days OK
Time to Drawdown Minimum Volume

Wet Detention Basin Design Sheet
Palmetto Creek of the Carolinas
Storwmater Pond#1 B
Total Drainage Area,Ad= 327,258 [sf]
On-Site Buildings Impervious= 60,000 [sf]
On-Site Streets Impervious= 15,600 [sfl
On-Site Parking Impervious= 0 [sf]
On-Site Sidewalks Impervious= 2,250 [sf]
Off-Site Impervious= 0 [sfl
Other Impervious= 0 [sf1
Total Impervious Area,Ai= 77,850 [sfl
Surface Area Calculations
Main Pond Permanent Volume
Main Pond Main Pond Incremental Accumulative
Contour Elevation Contour Area Volume Volume
ffmsll [sq ftl _ feu ftl [Cu ftl
26.00 42,849 Sediment Storage
27.00 44,477 0 0
28.00 46,130 45,304 45,304
29.00 47,808 46,969 92,273
30.00 ___ 49,511 48,660 140,932
30.75 51,456 37,863 178,795
31.00 52,112 12,946 191,741
32.00 54,770 53,441 245,182
Average Depth(d)=Accumulative Volume/Permenant Pool S.A.
d(ft)= 178,795 =3.5 ft
51,456
Minimum Average Depth=3ft < 3.5 ft < 7.5ft =Maximum Average Depth OK

Percent Impervious(Imp):
Imp= EAi/Ad
Imp= 77850/327258
Imp= 23.79 j [%]
Sediment Removal Efficiency= 90 [%]
SA/DA Ratio Determination
Higher Percentage= 30 SA/DA% Interpolation(Bi-Directional)
Higher Depth= 3.5 3.00 1st-SA/DA @ Depth Interpolation SA/DA%
Lower Depth= 3 3.50 SA/DA at Imp=30%,d=3.5 ft 3.03
SA/DA at Imp=20%,d=3.5 ft 2.02
Lower Percentage= 20 SA/DA%
Higher Depth= 3.5 2.00 2nd-SA/DA @ Impervious Interpolation SA/DA%
Lower Depth= 3 2.40 SA/DA Ratio at Imp=23.79%and d=3.5 ft 2.40
Pond Shall Have an Average Depth of 3.5 ft and Be Designed to Remove 90%TSS
SA/DA= 2.40 [%]
Required Surface Area at Permanent Pool Elevation(30.75 ft)for Pond
SAREQ.=(SA/DA)*Ad
SAREQ.=(2.4/100)*327258sf
SAREQ.= 7,857 [di
SA Provided= 51,456 > 7,857 =SA Required OK
Temporary Storage Volume Calculations
Minimum Required Volume(Simple Method by Tom Scheuler):
Receiving water body name......... ......... Cape Fear River
Receiving water body classification................. C;Sw
Receiving water body location........ Brunswick County,North Carolina
First Flush Volume Required,P= 1.5 [in]
Rv— 0.05+0.009*(Imp)
Rv= 0.05+0.009*(23.79)
Rv=I 0.264 I
Volume= P*Rv*Ad
Volume= (1.5/12)*(0.264)*(327258sf)
Volume= 10,803 I [cf]

Pond:Storm Storage Volume
Contour Contour Incremental Accumlative
Elevation Area Storage Storage
1 ffmsll fsfi I fcff fefl
30.75 _ 51,456 0 0
31.00 52,112 12,946 12,946
32.00 54,770 53,441 66,387
33.00 57,484 56,127 122,514
Minimum Temporary Storage Volume...... 10,803 [cf]
Permanent Pool Elevation....................................................... 30.75 [fmsl]
Minimum Temporary Pool Elevation..................... 31.00 [fmsl]
Designed Temporary Storage Volume........................................ 12,946 [cf]
Vol.Provided= 12,946 > 10,803 =Vol Required OK
Drawdown Orifice Sizing Calculations
Orifice Diameter,D= 3 [in]
Orifice Coefficient,Cd= 0.6 Havg=(DTPE-PPE-D/2)/3
Ao= 0.25*a*(D)2 Ha°g=(31ft-30.75ft-0.50*3in/12in/ft)/3
Ao= 0.78540*(3in/12in/ft)^2 Hayg= 0.04 [ft]
Ao= 0.049 [sf]
Qorifice= Cd*Ao*(2g*Haa3° tad=Minimum Storage Volume/Qorifice
Qorifice= (0.6)*(0.049sf)*(64.4fpss*0.04ft)^0.5 tad=(10803cf/0.048cfs)/86,400sec/day
Qorifice= 0.048 [cfs] tad= 2.59 [days]
2 days < 2.59 days < 5 days OK
Time to Drawdown Minimum Volume

Wet Detention Basin Design Sheet
Palmetto Creek of the Carolinas
Storwmater Pond#2
Total Drainage Area,Ad= 729,939 [sfj
On-Site Buildings Impervious= 143,750 [sfj
On-Site Streets Impervious= 45,192 [sfj
On-Site Parking Impervious= 0 [sfj
On-Site Sidewalks Impervious= 2,500 [sfj
Off-Site Impervious= 0 [sfj
Other Impervious= 0 [sfj
Total Impervious Area,Ai= 191,442 [sf]
Surface Area Calculations
Main Pond Permanent Volume
Main Pond Main Pond Incremental Accumulative
Contour Elevation Contour Area Volume Volume
[flush] [sq ftl [cu ftl [cu ftl
24.00 49,903 Sediment Storage
25.00 52,676 0 0
26.00 55,474 54,075 54,075
27.00 58,297 56,886 110,961
28.00 62,578 60,438 171,398
28.33 I 64,018 20,888 192,286
29.00 66,916 j 43,863 236,149
29.25 68,009 16,866 253,015
30.00 71,311 52,245 305,260
Average Depth(d)=Accumulative Volume/Permenant Pool S.A.
d(ft)= 192,286 =3 ft
64,018
Minimum Average Depth=3ft < 3 ft < 7.5ft =Maximum Average Depth OK

Percent Impervious(Imp):
Imp= ZAi/Ad
Imp= 191442/729939
Imp= 26.23 [%]
Sediment Removal Efficiency= 90 [%]
SA/DA Ratio Determination
•
Higher Percentage= 30 SA/DA% Interpolation(Bi-Directional)
Higher Depth= 3.5 3.00 1st-SA/DA @ Depth Interpolation SA/DA%
Lower Depth= 3 3.50 SA/DA at Imp=30%,d=3 ft 3.50
SA/DA at Imp=20%,d=3 ft 2.40
Lower Percentage= 20 SA/DA%
Higher Depth= 3.5 2.00 2nd-SA/DA @ Impervious Interpolation SA/DA%
Lower Depth= 3 2.40 SA/DA Ratio at Imp=26.23%and d=3 ft 3.08
Pond Shall Have an Average Depth of 3 ft and Be Designed to Remove 90%TSS
SA/DA= 3.08 [%]
Required Surface Area at Permanent Pool Elevation(28.33 ft)for Pond
SAREQ.=(SA/DA)*Ad
SAREQ.=(3.08/100)*729939sf
SAREQ.= 22,494 [sf]
SA Provided= 64,018 > 22,494 =SA Required OK
Temporary Storage Volume Calculations
Minimum Required Volume(Simple Method by Tom Scheuler):
Receiving water body name........................... Cape Fear River
Receiving water body classification................. C;Sw
Receiving water body location........................ Brunswick County,North Carolina
Select the larger of the following:
First Flush Volume Required,P= 1:5 [in]
Rv= 0.05+0.009*(Imp)
Rv= 0.05+0.009*(26.23)
Rv= 0.286
Volume= P*Rv*Ad
Volume= (1.5/12)*(0.286)*(729939sf)
Volume= 26,099 [cf]
Difference in Pre/Post 1Yr-24Hr Event,P= 3.93 [in] (NOAA Table)
Rv(PRE)=0.05+0.009*(Imp)
Rv(PR )=0.05+0.009*(26.23)
Rv(pRE)_I 0.286
Volume= P*(Rvp. -0.05)*Ad
Volume= (3.93/12)*(0.236)*(729939s0
Volume= 56,428 [cf]

Pond:Storm Storage Volume
Contour Contour Incremental Accumlative
Elevation Area Storage Storage
[fmsll [sf1 [cfj I [cfl
28.33 64,018 0 0
29.00 66,916 _ 43,863 43,863
29.25 68,009 16,866 60,729
30.00 71,311 52,245 112,974
31.00 75,762 73,537 186,510
Minimum Temporary Storage Volume........................................ 56,428 [cf]
Permanent Pool Elevation 28.33 [fmsl]
Minimum Temporary Pool Elevation.......................................... 29.25 [fmsl]
Designed Temporary Storage Volume........................................ 60,729 [cf]
Vol.Provided= 60,729 > 56,428 =Vol Required OK
Drawdown Orifice Sizing Calculations
Orifice Diameter,D= 4 [in]
Orifice Coefficient,Cd= 0.6 Haig=(DTPE-PPE-D/2)/3
Ao= 0.25*a*(D)2 Havg=(29.25ft-28.33ft-0.50*4in/12in/ft)/3
Ao= 0.78540*(4in/12in/ft)^2 Haag= 0.25 [ft]
Ao= 0.087 [sf]
Qorifice= Cd*Ao*(2g*Hayg)050 tdd=Minimum Storage Volume/Qorifice
Qorifice= (0.6)*(0.087sf)*(64.4fpss*0.25ft)^0.5 tdd= (56428cf/0.211cfs)/86,400sec/day
Qorifice= 0.211 [cfs] tdd=I 3.10_ I[days]
2 days < 3.1 days < 5 days OK
Time to Drawdown Minimum Volume

Precipitation Frequency Data Server Page 1 of 4
POINT PRECIPITATION • nos
1, 01,1 FREQUENCY ESTIMATES
FROM NOAA ATLAS 14
North Carolina 33.9885 N 78.2235 W 26 feet
from"Precipitation-Frequency Atlas of the United States"NOAA Atlas 14,Volume 2,Version 3
G.M.Bonnin,D.Martin,B.Lin,T.Parzybok,M.Yektta,and D.Riley
NOAA,National Weather Service,Silver Spring,Maryland,2004
Extracted:Wed Feb 9 2011
Confidence Limits Seasonality Related Info GIS data Maps flocs Return to State Map
Precipitation Frequency Estimates(inches)
ARI* 5 10 15 30 60 120 10 20 30 45 60
(years) min min min min min min 3 hr 6 hr 12 hr 24 hr 48 hr 4 day 7 day 4 day 4
1 0.53 0.84 1.06 1.45 1.80 2.16 2.32 2.88 3.38 3.93 4.54 5.02 5.71 6.42 8.60 10.67 r13.21 15.86
2 0.63 1.00 1.26 1.75 2.19 2.63 2.82 3.51 4.12 4.76 5.49 6.05 6.88 7.69 10.25 12.67 15.61 18.68
5 0.73 1.17 1.47 2.09 2.69 3.31 3.57 4.44 5.26 6.17 7.04 7.67 8.65 9.52 12.48 15.19 18.48 21.84
10 0.81 1.30 1.65 2.38 3.10 3.91 4.24 5.30 6.30 7.38 8.38 9.03 10.12 11.04 14.32 17.22 20.79 24.34
25 0.92 1.46 1.85 2.74 3.65 4.72 5.20 6.51 7.80 9.25 10.41 11.06 12.26 13.23 16.92 20.03 23.96 27.68
50 1.00 1.59 2.01 3.03 4.10 5.43 6.04 7.59 9.15 10.90 12.19 12.81 14.05 15.06 19.05 22.27 26.48 30.27
100 1.08 1.71 2.16 3.31 4.57 6.18 6.95 8.77 10.64 12.77 14.19 14.73 15.99 17.02 21.30 24.57 29.03 32.84
200 1.16 1.83 2.31 3.60 5.05 6.99 7.97 10.09 12.32 14.90 16.44 16.86 18.11 19.14 23.68 26.96 31.66 35.42
500 1.26 2.00 2.51 4.00 5.74 8.18 9.47 12.07 14.86 18.19 19.88 20.16 21.20 22.21 27.06 30.25 35:24 38.85
1000 1.35 2.13 2.67 4.33 6.32 9.21 10.81 13.84 17.16 21.10 22.89 23.00 23.80 24.76 29.82 32.84 38.05 41.47
•These precipitation frequency estimates are based on a partial duration series.ARI is the Average Recurrence Interval.
Please refer to NOAA Atlas 14 Document for more information.NOTE:Formatting forces estimates near zero to appear as zero.
*Upper bound of the 90% confidence interval
Precipitation Frequency Estimates (inches)
ARI** 5 10 15 30 60 120 3 6 12 24 48 4 7 10 20 30 45 60
(years) min min min min min min hr hr hr hr hr day day day day day day day
1 0.57 0.91 1.14 1.56 1.95 2.36 2.55 3.18 3.77 4.33 5.00 5.48 6.17 6.91 9.22 11.37 14.03 16.78
2 0.68 1.09 1.37 1.89 2.37 2.88 3.11 3.88 4.60 5.27 6.05 6.61 7.44 8.28 110.99 13.50 16.59 19.77
5 0.79 1.26 1.59 2.26 2.90 3.62 3.92 4.91 5.87 6.80 7.76 8.37 9.35 10.26 13.38 16.20 19.65 23.11
10 0.88 1.40 1.78 2.57 3.35 4.26 4.67 _ 5.85 7.02 8.14 9.24 9.87 10.94 11.89 15.34 18.36.22.11 25.74
25 0.99 1.57 1.99 2.95 3.93 5.15 5.70 7.18 8.67 10.19 11.48 12.09 13.26 14.26 18.12 21.35 25.49 .29.28
50 1.07 1.71 2.17 3.26 4.42 5.92 6.63 8.36 10.15 12.00 13.46 14.01 15.21 16.25 20.44 23.79 28.19 32.07
100 1.16 1.84 2.33 3.57 4.92 6.74 7.63 9.65 11.80 14.09 15.71 16.16 17.36 18.41 22.94 26.32 30.9i[34.87
200 1.25 1.98 2.50 3.89 5.45 7.62 8.72 11.10 13.65 16.47 18.28 18.58 19.72 20.79 25.62 28.98 33.90 37.73
500 1 1.36 2.16 2.72 4.33 6.21 8.93 10.39 13.29 16.49 r20.22 22.23 22.36 23.27 24.31 29.50 32.73 37.97 41.60
1000 1.47 2.31 2.90 4.69 6.85 10.08 11.89 15.27 19.02 23.61 25.77 26.03 26.31 27.30 32.72 35.72 41.24 44.64
•The upper bound of the confidence interval at 90%confidence level is the value which 5%of the simulated quantile values for a given frequency are greater than.
"These precipitation frequency estimates are based on a partial duration series.ARI is the Average Recurrence Interval.
Please refer to NOAA Atlas 14 Document for more information.NOTE:Formatting prevents estimates near zero to appear as zero.
* Lower bound of the 90% confidence interval
Precipitation Frequency Estimates (inches)
ARI**I 5 10 15 130 1 60 120 3 I-9 12 48 4 I 7 10 20 30 45 60
(years)I min min min I min I min min hr h hr [ 24�hr I hr day day day i day day day day
1 0.49 0.79 0.98 1.35 1.68 2.00 2.13 1-2764 1-3.077 3.59 _ 4.17 4.63 5.31 5.98 8.07 10.04 12.47 15.02
2 0.58 0.93 1.1.7 1.62 2.03 2.43 2.59 3.21 3.73 4.37 115.05 5.59 6.40 17.17 9.61 111,93114.73117.69
5 10.6711.08 1.36 1.94 2.48 3.05 3.27 4.05 4.75 5.63 6.46 7.06 8.02 8.84 11.68 14.29 17.41 20.65
10 0.75 1.20 1.52 2.20 2.87 3.58 3.87 4.81 5.67 6.72 7.64 8.29 9.35 10.23 13.36_ 16.16 19.55 22.97
25 0.84 1.34 1.70 2.52 3.35 4.31 4.71 5.88 6.95 8.34 9.40 10.07 11.25 12.19 15.71 18.71 22.45 26.0311
httn://hdsc.nws.noaa.aov/cai-bin/ndsc/buildout.nerl?tune=nf8cllnits=iis&series=ndk..state 701 1-117-f19

Palmetto Creek of the Carolinas
Brunswick County, North Carolina
Stormwater Supplement
-Level Spreader Report and
Calculations
Prepared for
XDV, Inc.
P.O. Box 1967
Wilmington, NC 28402
��„�(J fa._l� RECEIVED Date: 12-May-2011
/teeff` Cry �`
'0 4ttk MAY 18 Z011
<g BY:
s SE-' !
02885E
Vf* ' Project #: 101-00
Coastal Land Design, PLLC
Civil Engineering/Landscape Architecture
Land Planning/Construction Management
11111 P.O. Box 1172 [phone]
Wilmington, NC 28402 [phone]
www.cldeng.com

Level Spreader Narrative
The Level Spreader has been redesigned and the supporting calculations are attached.
• The first calculation is for the 10-year peak discharge rate, which is calculated to
be 18.5 cfs. The splitter box shown on the plans distributes 10 cfs to the level
spreader and vegetated filter strip. The remaining 8.5 cfs is directed to the
bypass channel.
• The second calculation is a Weir Report for the 100' long level spreader. This
report shows a depth of 0.11 feet of water flowing over the level spreader at the
flow rate of 10 cfs.
• The third calculation is for the Vegetated Filter Strip. With the slope shown on
the plans,the velocity through the filter strip is calculated to be 1.11 ft/s.
• The fourth calculation is for the Bypass Channel. With the geometry shown on
the plan and a rip-rap lining,the velocity in the channel is 1.89 ft/s at the flow
rate of 8.5 cfs.

•
Level Spreader Design Sheet
Palmetto Creek of the Carolinas
Level Spreader#1
Level Spreader#1 Combines Water Quality Swales#14,#15 and#16
Total Drainage Area,Ad= 7.46 [ac]
Total Impervious Area,Ai= 3.17 7 [ac]
Design Storm Discharge Calculations
Qto= C* I*A
Qio= Estimated Peak Discharge for 10-yr Storm Event(cfs)
C= Runoff Coefficient
= 3.17ac @.95 and 4.29ac @.15
= 0.49
I= 121.796 =5.06 in/hr (Brunswick County IDF)
(T.+23.5)0.843 (Tc=Time of Concentration(min)=20min.Estimated with Kirpich Eq.)
= 5.06(in/hr)
A= Drainage Area(ac)
= 7.46(acres)
Qio= 0.49 * 5.06*7.46
Qio= 18.50 cfs

Weir Report
Hydraflow Express by Intelisolve Thursday, May 12 2011,4:21 PM
Level Spreader
Rectangular Weir Highlighted
Crest = Broad Depth (ft) = 0.11
Bottom Length (ft) = 100.00 Q (cfs) = 10.00
Total Depth (ft) = 0.50 Area (sgft) = 11.38
Velocity (ft/s) = 0.88
Calculations Top Width (ft) = 100.00
Weir Coeff. Cw = 2.60
Compute by: Known Q
Known Q (cfs) = 10.00
Depth (ft) Level Spreader Depth (ft)
t00 1.00
0.50 0.50
'7
0.00 - 0.00
-0.50 - I— -0.50
0 10 20 30 40 50 60 70 80 90 100 110 120
Weir Length (ft)

Channel Report
Hydraflow Express by Intelisolve Friday, May 13 2011,9:24 AM
Vegetated Filter Strip
Rectangular Highlighted
Botom Width (ft) = 100.00 Depth (ft) = 0.09
Total Depth (ft) = 0.50 Q (cfs) = 10.00
Area (sqft) = 9.00
Invert Elev (ft) = 12.50 Velocity (ft/s) = 1.11
Slope (%) = 1.67 Wetted Perim (ft) = 100.18
N-Value = 0.030 Crit Depth, Yc (ft) = 0.07
Top Width (ft) = 100.00
Calculations EGL (ft) = 0.11
Compute by: Known Q
Known Q (cfs) = 10.00
Elev (ft) Section Depth (ft)
14.00 1.50
13.50 1.00
13.00 - 0.50
12.50 .._ 0.00
12.00 -0.50
0 10 20 30 40 50 60 70 80 90 100 110 120
Reach (ft)

Channel Report
Hydraflow Express by Intelisolve Thursday, May 12 2011,3:40 PM
Level Spreader - Bypass Channel
Trapezoidal Highlighted
Botom Width (ft) = 3.50 Depth (ft) = 0.86
Side Slope (z:1) = 2.00 Q (cfs) = 8.500
Total Depth (ft) = 2.50 Area (sqft) = 4.49
Invert Elev (ft) = 12.10 Velocity (ft/s) = 1.89
Slope (%) = 0.40 Wetted Perim (ft) = 7.35
N-Value = 0.035 Crit Depth, Yc (ft) = 0.52
Top Width (ft) = 6.94
Calculations EGL (ft) = 0.92
Compute by: Known Q
Known Q (cfs) = 8.50
Elev (ft) Section Depth (ft)
15.00 2.90
14.50 2.40
14.00 1.90
13.50 1.40
13.00 v 0.90
12.50 0.40
12.00 - -- -- - -0.10
11.50 -0.60
0 2 4 6 8 10 12 14 16 18
Reach (ft)

Wetland Basin - Additional Information

Wetland Basin — Supplemental Calculations
Current Submittal Original Permit
Wetland Basin#1
Drainage Area= 7.67 ac 8.91 ac
Impervious Area= 2.85 ac 2.88 ac
Percent Impervious= 37% 32%
SA/DAfor3' pondat85%TSS = 3.1 2.7
Surface Area Required= 10,457 sf 10,402 sf
• Surface Area increase by 55 sf. Permanent Pool Surface Area currently
provided is 15,177sf.
Current Submittal Original Permit
Wetland Basin#2
Drainage Area= 14.38 ac 16.49 ac
Impervious Area= 5.87 ac 6.09 ac
Percent Impervious= 41% 37%
SA/DA for 3' pond at 85%TSS = 3.5 3.1
Surface Area Required— 21,798 sf 22,483 sf
• SA decrease by 685 sf.
Current Submittal Original Permit
Wetland Basin#3
Drainage Area= 2.46 ac 3.82 ac
Impervious Area= 0.84 ac 1.21 ac
Percent Impervious= 34% 32%
SA/DA for 3' pond at 85%TSS = 2.9 2.7
Surface Area Required= 3,065 sf 4,459 sf
• SA decrease by 1,394 sf.

'VP— -A
1 41 Coastal Land Desi , PC
liv
Civil Engineering/Landscapegn Architecture
Land Planning/Construction Management
L __..
RErEIVEL,
February 18,2011 FEB 2 3 2011
BY:
NCDENR—Division of Water Quality
127 Cardinal Drive Extension
Wilmington,NC 28405
Attn: Linda Lewis
Re: Request for Additional Information—Palmetto Creek of the Carolinas
Stormwater Project No. SW8 050239 Modification
Ms. Lewis,
Thank you for reviewing our submittal. The following is in response to your letter and email
requesting additional information for the above mentioned project. For ease, your questions are
repeated in normal font and our responses follow in bold.
1. It sounds like the previous permit writer approved the pond's design and volume based on the
peak storage elevation from routing the 25 year 24 hour storm, instead of calculating a static
volume associated with that rainfall depth. It's difficult for me to approve a modification using
that method, especially as it is not allowed to be used. I'll have to get with a few of my staff
and figure out if and how the write this permit mod.
From our meeting on 2/4/11,please fmd the modifications to the plans,calculations,
permits and supplements to show Pond #1A and Pond#2 modified with drawdown
orifices at elevations that store the 1 year—24 hour event.
2. I disagree with your assessment that the only change to the proposed Pond#1 system is the
addition of an outlet structure. One of the reasons for this modification is to convert what used
to be permitted wet pond surface area to an"amenity"pond. When you do that,the amenity
pond no longer falls under the jurisdiction of the stormwater permit therefore, its area and
volume can't be used to claim any treatment for the runoff. Without the treatment afforded by
the amenity pond,the inflow into the remaining permitted"wet pond"is immediately adjacent
the outlet structure, creating a short-circuiting condition that must be eliminated as previously
requested.
From our meeting on 2/4/11,please find the modifications to the plans,calculations,
permits and supplements that show the "amenity" pond back in the system as "Pond 1E".
An orifice has also been added at an elevation that stores the 1.5" design storm.
3. The proposed deed restrictions are for a low density subdivision with curb outlet swales.
Please address the high density aspect of this subdivision by adding the appropriate language
from the high density subdivision deed restriction document. Lots that are permitted to drain
P . O . Box 1172 Wilmington , NC 28402
Phone : [phone] Fax : [phone] www . CLDeng . com

into a piped collection system will need to be graded appropriately to ensure that the runoff
from the built-upon area on the lot drains into that piped collection system. Separate offsite
permits for the individual residential lots are not needed.
The proposed deed restrictions have been revised. Also,from your email on 2/4/11,the
owner is investigating your concern with the Master Declarations and will address those
issues upon the recording of these approved modifications.
4. In order to keep the pipe behind Lots 2-63 through 2-66,please propose some type of
additional BMP such as a small bioretention basin, an infiltration area, or level spreader and
vegetated filter strip system that will mitigate for the collection system.
A Level Spreader and vegetated filter strip system has been added to this area.
1. There appears to be sidewalk along streets other than Palmetto Creek Way. The plans received
on Nov. 10, 2010,have a 5-foot-wide sidewalk detail, road details that indicate Palmetto Creek
Way is the only road with a sidewalk, and added 5-foot-wide Nature Trails. The latest plans
indicate that the total sidewalk is 0.8 acres, but the latest application still shows the 2005
sidewalk total of 30,000 sf. The original 5' sidewalk was down one side of Palmetto Creek
only, which is roughly 4850 feet long,which accounts for 24,250 sf of the sidewalk. The
remaining 5750 should be covered by the new Nature Trails. However,the length of the nature
trails scaled on the plans is 1370 linear feet, which is 6850 sf, exceeding the proposed sidewalk
amount by 1100 sq. ft.
I went over this calculation several times and fmally realized I had counted the sidewalk
in front of the Amenity Center(along Palmetto Creek Way) as part of the Amenity
Center. You can see the breakdown of Amenity impervious on sheet SW-5. With that
said, all sidewalks are accounted for.
2. It appears that there is an overlapped project area with the adjacent project, The Reserve at
Palmetto Creek, SW8 051045, issued to D. Logan,Palmetto Creek, LLC on April 21, 2006.
The property line for Palmetto Creek is offset about 80' from and parallel to the 50' right-of-
way for Palmetto Creek Way. The project area for The Reserve at Palmetto Creek appears to
encompass that same 80' and go all the way up to the 50' right-of-way line of Palmetto Creek
Way. Depending on who really owns that area, one of those projects will need to revise their
reported project area.
There was an overlapped project area that has been corrected. Please find the revised
plans and permits that reflect a revised project area. Also, a sheet has been added to the
plan set to show the overall boundary.
Please let me know if you have any additional questions and/or comments.
Sincerely, COI��
effrey B. Petroff, P.E.
Coastal Land Design, PLLC
P . O . Box 1172 Wilmington , NC 28402
Phone : [phone] Fax : [phone] www . CLDeng . com

Lewis,Linda
From: Lewis,Linda
Sent: Friday, February 04, 2011 1:09 PM
To: 'Jeff Petroff
Subject: Palmetto Creek SW8 050239
Just to recap our discussion this morning:
1. Pond #1 was originally designed using a 25 yr 24 hr storm volume, and as a non-discharge pond with
irrigation as the means of drawdown. We agreed that the design storm could be reduced to either the 1
yr 24 hour or the 1.5" design storm with the addition of a drawdown orifice at the permanent pool
elevation. Irrigation can continue from the pond, per the Division's policy on irrigating from ponds.
2. A BMP will be added to treat the piped collection system runoff behind lots 2-63 through 2-66.
3. An overall subdivision map with the property line will be provided. The project area will be shrinking due
to the overlap with the adjacent project, The Reserve at Palmetto Creek. As a result some of the lots in
Palmetto Creek will have a reduced BUA limit.
4. The amenity pond will be sized to treat it's drainage area alone, using a 1.5" design storm and an orifice
will be added.
5. You will provide the Designer's Certifications and a copy of the recorded deed restrictions for The
Reserve at Palmetto Creek.
I started looking at the recorded deed restrictions for Palmetto Creek and I notice that the Master Declaration
recorded on January 31, 2006, is applicable only to the property in Exhibit A, which is Section 2. The recorded
plats that were submitted in May 2010, show a Section 1, but there is no amendment which makes Section 1
subject to the Master covenants. As far as I can tell only Section 3 was officially made subject to the Master
Covenants, but no BUA was assigned to any of the Section 3 lots—the current BUA allocation table lists only
the lots in Section 1. The Master references only Exhibit A (Section 2) but the table in the Master only has BUA
limits for Section 1 lots. Where are the BUA limits recorded for the remaining Sections and where is the
supplemental that made the Section 1 lots subject to the Master'?
When all is said and done, Mr. Exum needs to amend the Master and provide supplemental declarations so
that all the Sections are made subject to the Master and each supplemental provides for the applicable BUA
limits for that Section.
Linda
Please note my new email address is [e-mail]
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.

Lewis,Linda
From: Lewis,Linda
Sent: Monday, March 21, 2011 1:05 PM
To: 'Jeff Petroff
Subject: SW8 050239 addinfo for Palmetto Creek
Attachments: 2011 03 addinfo 050239.pdf
Jeff:
Please see my review comments, attached.
Linda
1

ArA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 21, 2011
Bert Exum, President
XDV, Inc.
PO Box 1967
Wilmington, NC 28402
Subject: Request for Additional Information
Stormwater Project No. SW8 050239 Modification
Palmetto Creek of the Carolinas
Brunswick County
Dear Mr. Exum:
The Wilmington Regional Office received previously requested additional information
regarding the pending modification to the State Stormwater Management Permit for
Palmetto Creek of the Carolinas on February 23, 2011. A preliminary review of that
information has determined that the application is not complete. The following
information is needed to continue the stormwater review:
1. The positioning of the blind swale that feeds the proposed new level spreader in
relation to the outlet pipe will be a problem. Per Section 8.3.5 of the BMP
Manual, there is a "poor entrance angle" into the distribution or blind swale.
Stormwater should be conveyed to the blind swale parallel to the level spreader
to avoid short-circuiting.
2. The level spreader and vegetated filter that are being proposed to mitigate for the
added piping behind lots 63-66 in Section 2, should be designed per the
requirements of NCAC 2H.1008 (f), which requires the filter to handle the peak
flow from a 10 year storm in a non-erosive manner. The peak flow is used to
determine the length of the level spreader, (10 If per cfs, 100 If max.) and
therefore, sets the width of the 30 foot long vegetated filter to create diffuse, non-
erosive flow. Flow in excess of 10 cfs is bypassed. Please also demonstrate that
the velocity into the wetland from the filter strip is no higher than 2 fps to avoid
impacting the wetland.
3. In regard to the use of a level spreader for this mitigation, I agreed to it thinking
that the mitigation would be only for that piping added behind Lots 63-66 in
Section 2. In looking at the proposed plans, not only has piping been added
behind lots 63-66 in Section 2, but I see now that collection piping, which was
approved to be directed into Wetland Basin #1 from Liset Court, is now being
directed into the piped collection system that also ends up in this level spreader.
This large amount of piped collection is not in keeping with the intent of low
density development and the use of a single level spreader as treatment doesn't
seem to be enough mitigation.
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One
Phone:[phone] I FAX:[phone] Customer Service:1-877-623-6748 NAthCa cliina
Internet www.ncwaterquality.org
(j' ►+'LK`aI
ly
An Equal Opportunity l Affirmative Action Employer

Mr. Exum
March 21, 2011
Stormwater Application No. SW8 050239 Mod.
4. I understand that the previous reviewer, for whatever reason, approved this
project with a lot more pipe than is considered reasonable under low density.
While the existing approved design can't be changed now, I am obligated to
make sure that the proposed modifications either meet the intent of the low
density rules or if not, that appropriate treatment is provided:
a. Please note that the area at the intersection of Serrulata Drive, Sennia Court
and Natal Court was approved in 2005 with 4 curb outlet swales (14, 15, 16
and 17), however, now there is slightly less drainage area, but more piping,
and runoff is treated by just two swales, 17 and 18.
b. Please check the swale drainage areas for 17 and 18 at the intersection area
of Serrulata Drive, Sennia Court and Natal Court. There's a 150' stretch of
Natal Court over the wetland that is not included in either DA 17 or DA 18.
Please make the necessary changes to the drainage areas, plans, swale
table (sheet SW-5), swale calculations, and swale supplement form to
account for 3,600 square feet of additional road area.
5. The inset detail on Sheet SW-5 for the Amenity Area shows the dimension
information, but not the grading. Is Sheet SW-5 from the November 10, 2010,
submittal still applicable, or have changes been made? If changes were made,
please resubmit another Sheet SW-5 with the grading information for the Amenity
Area.. Otherwise, I'll swap out SW-5 from the Nov. 10, 2010 plans and add it to
the latest elan set_
6. I'm not perfectly clear on the design criteria the original reviewer used to size the
wetland basins because the reviewer used the infiltration basin spreadsheets to
check their design. The permanent pool area is marked as "N/A-Infiltration" on
the supplemental form however the extended detention wetland design criteria in
effect at that time required a minimum permanent pool area to be calculated
using the percent impervious and SA/DA tables for a 3 foot deep permanent
pool. Also, there is no soils report in the file to support the SHWT elevations or
the reported infiltration rate of 20" per hour. While 4 of the 5 proposed built-upon
area and drainage area changes to these wetland basins result in less drainage
area and less BUA,3 of the 5 basins result in a higher percentage of built-upon
area. Since minimum permanent pool area is based on percent impervious,
please demonstrate that wetland basins 1, 2 and 3 have sufficient surface area to
accommodate the increased percent impervious. As part of that modification,
please provide minimum surface area calculations and revise the Extended
Detention Wetland Supplements to add the provided permanent pool surface
area for basins 1, 2 and 3, and provide a soils report supporting the SHWT's and
the 20" per hour infiltration rate.
Please note that a revision to one number may have a domino effect on other numbers,
which may require revision of the applications, calculations, supplements, plans, details,
and associated documentation. Please verify all numbers are correct to ensure
consistency in the application documents. Please provide 2 copies of any plans that will
be revised as a result of this request for additional information.
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received in this Office prior to April 21,
2011, or the application will be returned as incomplete. The return of a project will
necessitate resubmittal of all required items, including the application fee.
Page 2of3

Mr. Exum
March 21, 2011 •
Stormwater Application No. SW8 050239 Mod.
If you need additional time to submit the information, please mail, email or fax:your
request for a time extension to the Division at the address and fax number at the bottom
of this letter. The request must indicate the date by which you expect to submit the
required information. The Division is allowed 90 days from the receipt of a completed
application to issue the permit.
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable.
If you have any questions concerning this matter please feel free to call me at (910)
796-7215 or email me at linda.lewis(a ncdenr.gov.
Sincerely,
GetW-e-i
Linda Lewis
Environmental Engineer III
GDS/arl: S:1wgs\stormwater1permits & projects120051050239 HD12011 03 addinfo 050239
CC: Jeff Petroff, P.E., Coastal Land Design
Linda Lewis
Page 3 of 3

Linda
Please note my new email address is [e-mail]
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Jeff Petroff jmailto:[e-mail]_
Sent:Thursday, February 24, 2011 10:28 AM
To: Lewis,Linda
Subject: The Reserve at Palmetto Creek SW8 051045
Hi Linda,
Hope you are doing well. I'm writing in regards to your Request for Recorded Deed Restrictions and Designer's
Certification for The Reserve at Palmetto Creek SW8051045 issued on April 21, 2006. We've resolved the project area
overlap by correcting the neighboring project's boundary(Palmetto Creek)and were in the process of addressing your
other requests when the project owner asked us to look at revising the layout in a portion of the multi-family area. I
anticipate submitting a stormwater modification due to this revision and request a time extension from you to be able
to address all your concerns and ensure any modifications are properly permitted.
Thanks for your help,
Jeff Petroff, P.E.
Project Engineer
St4
Coastal Land Design, PLLC
PO Box 1172
Wilmington, NC 28402
Telephone: [phone] ext. 1002
Fax: [phone]
www.CLDeng.com
3

ATA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 5, 2011
Bert Exum, President
XDV, Inc.
PO Box 1967
Wilmington, NC 28402
Subject: 2"d Request for Additional Information
Stormwater Project No. SW8 050239 Modification
Palmetto Creek of the Carolinas
Brunswick County
Dear Mr. Exum:
The Wilmington Regional Office received previously requested additional information
regarding the pending modification to the State Stormwater Management Permit for
Palmetto Creek of the;Carolinas on November 10, 2010. A review of that information
has determined that the application is still not complete. The following information is
needed to continue the stormwater review:
1. It sounds like the previous permit writer approved the pond's design and volume
based on the peak storage elevation from routing the 25 year 24 hour storm,
instead of calculating a static volume associated with that rainfall depth. It's
difficult for me to approve a modification using that method, especially as it is not
allowed to be used. I'll have to get with a few of my staff and figure out if and how
to write this permit mod.
2. I disagree with your assessment that the only change to the proposed Pond #1
system is the addition of an outlet structure. One of the reasons for this
modification is to convert what used to be permitted wet pond surface area to an
"amenity" pond. When you do that, the amenity pond no longer falls under the
jurisdiction of the stormwater permit therefore, its area and volume can't be used
to claim any treatment for the runoff. Without the treatment afforded by the
amenity pond, the inflow into the remaining permitted "wet pond" is immediately
adjacent the outlet structure, creating a short-circuiting condition that must be
eliminated as previously requested.
3. The proposed deed restrictions are for a low density subdivision with curb outlet
swales. Please address the high density aspect of this subdivision by adding the
appropriate language from the high density subdivision deed restriction
document. Lots that are permitted to drain into a piped collection system will
need to be graded appropriately to ensure that the runoff from the built-upon area
on the lot drains into that piped collection system. Separate offsite permits for the
individual residential lots are not needed.
4. In order to keep the pipe behind Lots 2-63 through 2-66, please propose some
type of additional BMP such as a small bioretention basin, an infiltration area, or
level spreader and vegetated filter strip system that will mitigate for the collection
system.
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCaralina
Internet www.ncwaterquality.orgatura/`i
An Equal Opportunity 1 Affirmafive Action Employer

Mr. Exum
January 5, 2011
Stormwater Application No. SW8 050239 Mod.
5. Georgette and I are currently scheduled to inspect Winding River on the
afternoon.of January 18. Since Palmetto Creek is nearby, it may be possible to
set up a site visit earlier that same day to check the wetland pond drawdown.
Please note that a revision to one number may have a domino effect on other numbers,
which may require revision of the applications, calculations, supplements, plans, details,
and associated documentation. Please verify all numbers are correct to ensure
consistency in the application documents. Please provide 2 copies of any plans that will
be revised as a result of this request for additional information.
Please note that this request for additional information is in response to a second
review. The requested information should be received in this Office prior to February 5,
2011, or the application will be returned as incomplete. The return of a project will
necessitate resubmittal of all required items,including the application fee. If the
application is still substantially incomplete after this second round of comments, the
Stormwater Supervisor, Ms. Georgette Scott, will determine if a.third request for
additional information is warranted. If not, the application will be returned as incomplete
and the application fee will be forfeited.
If you need additional time to submit the information, please mail, email or fax your
request for a time extension to the Division at the address and fax number at the bottom
of this letter. The request must indicate the date by which you expect to submit the
required information. The Division is allowed 90 days from the receipt of a completed
application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable.
If you have any questions concerning this matter please feel free to call me at (910)
796-7215 or email me at linda.lewis(a.ncdenr.00v.
Sincerely,
'6e'('t/tf
Linda Lewis
Environmental Engineer III
GDS/arl: S:1wgs1stormwater\Permits & Projects120051050239 HD12011 01 addinfo 050239
CC: Jeff Petroff, P.E., Coastal Land Design
Linda Lewis
Page 2 of 2

REV "!QV 101114 20
10
Coastal Land Design, PLLC
Civil Engineering/Landscape Architecture
Land Planning/Construction Management
-To: NCDENR—Wilmington Regional Office-DWQ Date: November 5,2010
127 Cardinal Drive Extension File: 101-01
Wilmington,NC 28405 Subject:
Stormwater Permit Modification for
(910)796—7215 Palmetto Creek of the Carolinas
Attn: Linda Lewis SW8 050239
❑As Requested El For Your Files El For Distribution ®For your Review/Action/Approval
El Sent via Mail El Sent via Courier
Quantity Drawing No. Description
1 Response Letter
2 Original and One copy of Revised page 2 of SWU-101
1 Revised Low Density Supplement
1 Wet Detention Basin Supplement—Pond#2(I saw a typo in the elevations that I corrected)
1 Updated Extended Wetland Worksheets
1 Signed Deed Restriction
1 Updated Pond#1 Wet Detention Basin Supplement—Pond#1
2 Copies of the Drawings
7VEDI
0
REMARKS Hi Linda,please find the enclosed and let me know if you have any questions. Thanks,
CC: File Coastal Land Design,PLLC
Bert Exum
Signed
ey B-P�froff,P.E.
Trans-NCDENR-1 10510

1Nt111
Coastal Land Design, PLLC
Civil Engineering/Landscape Architecture
Land Planning/Construction Management
L__ _.. C,IV„ED
Nov i 02010
BY:
October 24, 2010
NCDENR—Division of Water Quality
127 Cardinal Drive Extension
Wilmington,NC 28405
Attn: Linda Lewis
Re: Request for Additional Information—Palmetto Creek of the Carolinas
Stormwater Project No. SW8 050239 Modification
Ms. Lewis,
Thank you for reviewing our submittal. The following is in response to your letter requesting
additional information for the above mentioned project. For ease,your questions are repeated in
normal font and our responses follow in bold.
1. Please provide revised required minimum volume calculations for Pond#1 based on the 25 year
24 hour precipitation depth form the NOAA table. The calculations provided simply say that
the volume is 163,900 cubic feet with no accompanying derivation or documentation.
The 25yr-24 hour storm event was previously modeled in HydraFlow Hydrographs 2004.
Because the drainage area was less than 200 acres,the rational method was chosen as the
modeling process. As with all stormwater modeling methods a balance between peak
discharge and hydrograph volume had to be found. The initial hydrograph modeled in
the rational method produced a peak discharge of 132 cfs and a volume of 79,648 cf.
Experience has shown us the standard rational method produces unreliable volume
estimates; therefore a modified rational method with a storm duration multiplier of 3 was
used to produce the attached hydrograph with a peak discharge of 91.06 cfs and a volume
of 163,900 cf. The design event utilized an IDF curve generated from the NCDENR
Erosion and Sediment Control Manual—figure 8.03b (attached). These IDF curves have
since been updated and the figures have changed drastically. The older IDF numbers
were far more conservative (as in smaller,not the design as more conservative) than the
updated numbers.
2. Using the"Penn. El."And"Max.El."And associated surface areas listed in the Non-Discharge
Pond Table provided on sheet SW-3, and combining that with the surface areas and elevations
in the HydraFlow stage-storage table, I get 211,528 cubic feet as the volume provided from
27.25 to 28.5. Please note that the volume reported on the supplement is 253,383. This
appears to be in error because the Hydraflow volume calculations start at 27.0, when in fact
they should start at 27.25.
You are correct and this error has been resolved.
P . O . Box 1172 Wilmington , NC 28402
Phone : [phone] Fax : [phone] www . CLDeng . com

3. By removing the amenity pond area from Pond 1 the treatment provided in the amenity pond
can no longer be considered. The outlet from the amenity pond enters Pond 1 immediately
adjacent to the outlet for Pond 1,which now creates a potential short-circuiting condition. This
pipe will either need to be relocated to assure sufficient treatment for the runoff; or the amenity
pond will need to stay as a part of the permitted treatment system.
Because Pond #1 is a non-discharge pond,we don't feel we are creating a short-circuiting
condition. The only change to this system from the previous approval is the addition of a
riser structure on the amenity pond side,which adds treatment. The roadway drainage
was previously approved to be piped to this location.
4. Please report the revisions to Pond#1 on the latest supplement form. Just because the project is
being reviewed under the 1995 rules as a minor modification does not mean that the 1995
documents should be revised and reused. Please mark those items that do not apply as "N/A"
and ignore any resulting error messages.
Please fmd the attached updated supplement forms for the revised BMP's.
5. Lot 2-19 does not appear to exist. In its place is something noted as Tract 2C. Please revise the
proposed deed restriction amendment to reflect this change. If Tract 2C has a BUA limit,
please include it. If Lot 2-19 is mislabeled as Tract 2C,please revise the plans.
Good catch Linda. Lot 2-19 became Tract 2C when the owner donated it and additional
property to the NC State Land Trust. Tract 2C still carries the same BUA limit of Lot 2-
19 and the proposed deed restrictions have been revised to reflect the new lot name.
6. Please sign, date and notarize the proposed deed restriction amendment.
Please fmd the attached deed restriction amendment.
7. Why is there a separate 4-foot wide sidewalk detail? Where will this sidewalk be located?
Sidewalk is only proposed and shown on one street detail,Palmetto Creek Way and it is noted
as being 5 feet wide.
Palmetto Creek Way is the only roadway with sidewalk and the sidewalk detail has been
revised.
8. Please provide additional contour elevation numbering. The 5-foot contour interval is too
much for this site and I can't tell whether the contours go up or down.
Additional contour numbering has been added.
9. Please provide high and low spot elevations for the roads,as per the previously approved plan,
or provide plan and profile sheets.
Hi and Low spot elevations have been added to the revised plans.
10. Many of the previously approved catch basins and connecting pipes that were located on each
side of the road have been eliminated and replaced with a single curb cut on one side of the
P . O . Box 1172 Wilmington , NC 28402
Phone : [phone] Fax : [phone] www. CLDeng . com

road only. Has the road cross-section been altered such that it is a continuous cross-slope to the
curb cut? If so,please add a detail of this to the plans. If not,how does the collected runoff on
the other side of the normal crown street drain to the curb cut?
Much of the roadway has been super-elevated in an effort to minimize piping. The road
cross-section details have been revised to accurately reflect the road movement.
11. Please add a curb cut detail to the plans.
A curb cut detail has been added to the revised plans.
12. There appears to be some added piped collection behind Lots 2-63 through 2-66 on the north
side of Serrulata Drive. Under overall low density, it is not appropriate for runoff leaving a 5:1
curb outlet swale to be collected into a pipe. Please remove that pipe and provide a swale.
The area behind Lots 2-63 through 2-66 had much higher ground elevations than the
original survey depicted. This made it extremely difficult to swale the entire length of the
rear of lots 2-63 thorough 2-66 and a culvert pipe was installed to convey the treated
water from one side to the other. While we recognize this isn't the ideal configuration,the
resulting layout produces a stabilized groundwork of conveyance with non-erosive flows.
The catch basin CB102 allows the treated water to spill into the piped system with the
pipe acting as an energy dissipater rather than an un-stabilized swale wall. Please take
this into consideration with further review in conjunction with your site visit.
13. Please provide all pipe inverts and all catch basin structure invert,top and elevation
information on the plans. There is no structure table on the proposed plans.
The pipe table and structure table have been added to the revised plans.
14. The wetland ponds were permitted with infiltration as the drawdown device. Before approving
this modification, an inspection of the facility is warranted to determine if infiltration is
working for the wetland drawdown. Depending on the results,the Division may require that an
orifice be installed in each wetland to facilitate drawdown to the permanent pool elevation.
Please let us know a convenient time to schedule the inspection.
15. The wetland supplements indicate that the specific surface areas for each required zone (high
marsh, low marsh, deep pool, etc.)can be found on the plans however,this information does
not appear to be shown anywhere on the plans. Please either add this information to the plans,
or revise the supplements and report the surface areas for each zone.
The surface areas for each zone have been added to the supplements.
16. There is no extended detention wetland pond section detail on the previously approved plan or
on the modified plans. Does the same "outlet detail" on sheet SW-3 apply to both the non-
discharge wet detention ponds and to the extended detention wetland ponds?
The outlet details have been added for non-discharge ponds 1 and 2 as well as wetland
pond #1. The other wetland ponds have vegetative weirs for overflow.
P . O . Box 1172 Wilmington , NC 28402
Phone : [phone] Fax : [phone] www . CLDeng . com

17. Please revise page 2 of the low density supplement. Because the lots have varying BUA limits,
it is appropriate to calculate only the available lot BUA—do not divide by the number of lots.
Instead,you need only calculate the total allowable lot BUA and compare it to the total
proposed lot BUA for the lot listing. The proposed BUA must be less than or equal to what's
allowed.
Please fmd the revised low density supplement.
18. Please provide 2 copies of detailed layout(with dimensions) and grading plans for the amenity
/recreation area. This area has been redesigned from what was previously approved, so
detailed plans for this area are needed.
Please fmd the attached detailed layout for the amenity area on sheet SW-5. An
impervious breakdown for the amenity has also been added to the detail. A revised page
two of Form SWU-101 has also been added to update the sidewalk and amenity
allocations. Overall allocation numbers remain the same.
19. Please us the same nomenclature to describe the permanent pool and storage/overflow in the
Pond Table and in the Outlet Detail. The Outlet Detail refers to the "Normal Water Surface"
and the "Top of Outlet"elevations, but the Pond Table refers to "Perm El." And"Max. El.".
This revised submittal clarifies the pond nomenclature.
Please let me know if you have any additional questions and/or comments.
Sincerely,
Jeffrey B. Petroff, P.E.
Coastal Land Design, PLLC
P . O . Box 1172 Wilmington , NC 28402
Phone : [phone] Fax : [phone] www. CLDeng . com

IV. PROJECT INFORMATION
1. In the space provided below,briefly summarize how the stormwater runoff will be treated.
Stormwater is currently treated in Water Quality Swales,Wetland Detention Basins and Non-discharge Ponds
2.a.If claiming vested rights,identify the supporting documents provided and the date ey werC �
❑Approval of a Site Specific Development Plan or PUD Approval Dat : IV( V 1 .1)❑Valid Building Permit Issued Date: 0 2010
❑Other: Date: `
b.If claiming vested rights,identify the regulation(s)the project has been designed in accordance .
® Coastal SW-1995 ❑Ph II-Post Construction
3. Stormwater runoff from this project drains to the Lumber River basin.
4. Total Property Area: 181.5 acres 5. Total Coastal Wetlands Area: N/A acres
6. Total Surface Water Area: N/A acres
7. Total Property Area(4)-Total Coastal Wetlands Area(5)-Total Surface Water Area(6)=Total Project
Area+: 181.5 acres
+ Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area
between the banks of streams and rivers, the area below the Normal High Water(NHW)line or Mean High Water
(MHW)line,and coastal wetlands landward from the NHW(or MHW)line. The resultant project area is used to
calculate overall percent built upon area(BLIAA). Non-coastal wetlands landward of the NHW(or MHW)Iine may
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area/ Total Project Area)X 100 = 30 %
9. How many drainage areas does the project have?8(For high density, count 1 for each proposed engineered
stormwater BMP. For low density and other projects,use I for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project,attach an additional sheet with the information for each area
provided in the same format as below.
Basin Information Drainage Area 1 Drainage Area 2 Drainage Area 3 Drainage Area 4
Receiving Stream Name Scotts Branch Scotts Branch Scotts Branch Scotts Branch
Stream Class * C;Sw C;Sw C;Sw C;Sw
Stream Index Number* 15-25-1-10 15-25-1-10 15-25-1-10 15-25-1-10
Total Drainage Area(sf) 7,906,170 sf 1,874,613 sf 729,939 sf 333,893 sf
On-site Drainage Area(sf) 7,906,170 sf 1,874,613 sf 729,939 sf 333,893 sf
Off-site Drainage Area(sf) -0- -0- -0- -0-
Proposed Impervious Area (sf) 2,371,760 sf 583,085 sf 191,442 sf 124,177 sf
% Impervious Area(total) 30 % 31.1 % 26.2 % 37.2 %
Impervious"`Surface Area Drainage Area 1 Drainage Area 2 Drainage Area 3 Drainage Area 4-
On-site Buildings/Lots(sf) 1,659,986 sf 375,600 sf 143,750 sf 66,600 sf
On-site Streets (sf) 620,660 sf 139,560 sf 45,192 sf 53,277 sf
On-site Parking (sf) -0- -0- -0- -0-
On-site Sidewalks (sf) 35,276 sf 13,870 sf 2,500 sf 4,300 sf
Other on-site (sf) 55,838 sf 54,055 sf -0- -0-
Future(sf) -0- I -0- ' -0- -0-
Off-site (sf) -0- -0- -0- -0-
Existing BUA***(sf) -0- -0- -0- -0-
11 Total (sf): 2,371,760 sf 583,085 sf 191,442 sf 124,177 sf
* Stream Class and Index Number can be determined at: http://portal.ncdenr.org/web/wq/ps/csu/classifications
** Impervious area is defined as the built upon area including,but not limited to,buildings,roads,parking areas,
sidewalks,gravel areas,etc.
***Report only that amount of existing B LiA that will remain after development.Do not report any existing BUA that
is to be removed and which will be replaced by new BUA.
Form SWU-101 Version 07Jun2010 Page 3 of 6

Lewis,Linda
From: Lewis,Linda
Sent: Wednesday, October 06, 2010 9:49 AM
To: Petroff, Jeff([e-mail])
Subject: Palmetto Creek SW8 050239
Jeff:
I want to further explain about my first comment from yesterday's additional information request letter.
The 25 year 24 hour storm is approximately 9" of rain in our area. Substituting this number into the Simple
Method formula for Rd with the new drainage area and BUA numbers for Pond 1, yields a minimum storage
volume of 479,301 cubic feet.
The HydraFlow calculations say that the required volume is 163,900 cubic feet. This is where my confusion is
coming from and why I requested some documentation on the derivation of the 163,900.
Thanks,
Linda
Please note my new email address is [e-mail]
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
1

ArilrmA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 5, 2010
Bert Exum, President
XDV, Inc.
PO Box 1967
Wilmington, NC 28402
Subject: Request for Additional Information
Stormwater Project No. SW8 050239 Modification
Palmetto Creek of the Carolinas
Brunswick County
Dear Mr. Exum:
The Wilmington Regional Office received a modified State Stormwater Management
Permit Application for Palmetto Creek of the Carolinas on September 9, 2010. A
preliminary review of that information has determined that the application is not
complete. The following information is needed.to continue the stomiwater review:
1. Please provide revised required minimum volume calculations for Pond #1 based
on the 25 year 24 hour precipitation depth from the NOAA table. The calculations
provided simply say that the volume is 163,900 cubic feet with no accompanying
derivation or documentation.
2. Using the "Perm. El." and "Max. El". and associated surface areas listed in the
Non-Discharge Pond Table provided on sheet SW-3, and combining that with the
surface areas and elevations in the HydraFlow stage-storage table, I get 211,528
cubic feet as the volume provided from 27.25 to 28.5. Please note that the
volume reported on the supplement is 253,383. This appears to be in error
because the HydraFlow volume calculations_start at 27.0, when in fact they
should start at 27.25.
3. By removing the amenity pond area from Pond 1 the treatment provided in the
amenity pond can no longer be considered. The outlet from the amenity pond
enters Pond 1 immediately adjacent the outlet for Pond 1, which now creates a
potential short-circuiting condition. This pipe will either need to be relocated to
assure sufficient treatment for the runoff, or the amenity pond will need to stay as
a part of the permitted treatment system.
4. Please report the revisions to Pond #1 on the latest supplement form. Just
because the project is being reviewed under the 1995 rules as a minor
modification does not mean that the 1995 documents should be revised and re-
used. Please mark those items that do not apply as "N/A" and ignore any
resulting error messages.
5. Lot 2-19 does not appear to exist. In its place is something noted as Tract 2C.
Please revise the proposed deed restriction amendment to reflect this change. If
Tract 2C has a BUA limit, please include it. If Lot 2-19 is mislabeled as Tract 2C,
please revise the plans.
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 North Carolina
Internet www.ncwaterquality.org Naturally
atureiI y
An Equal Opportunity\Affirmative Action Employer

Mr. Exum
October 5, 2010
Stormwater Application No. SW8 050239 Mod.
6. Please sign, date and notarize the proposed deed restriction amendment.
7. Why is there a separate 4-foot-wide sidewalk detail? Where will this sidewalk be
located? Sidewalk is only proposed and shown on one street detail, Palmetto
Creek Way, and it is noted as being 5 feet wide.
8. Please provide additional contour elevation numbering. The 5-foot contour
interval is too much for this site and I can't tell whether the contours go up or
down.
9. Please provide high and low spot elevations for the roads, as per the.previously
approved plan, or provide plan and profile sheets.
10. Many of the previously approved catch basins and connecting pipes that were
located on each side of the road have been eliminated and replaced with a single
curb cut on one side of the road only. Has the road cross-section been altered
such that it is a continuous cross-slope to the curb cut? If so, please add a detail
of this to the plans. If not, how does the collected runoff on the other side of the
normal crown street drain to the curb cut?
11. Please add a curb cut detail to the plans.
12. There appears to be some added piped collection behind Lots 2-63 through 2-66
on the north side of Serrulata Drive. Under overall low density, it is not
appropriate for runoff leaving a 5:1 curb outlet swale to be collected into a pipe.
Please remove that pipe and provide a swale.
13. Please provide all pipe inverts and all catch basin structure invert, top and
elevation information on the plans. There is no structure table on proposed plans.
14. The wetland ponds were permitted with infiltration as the drawdown device.
Before approving this modification, an inspection of the facility is warranted to
determine if infiltration is working for the wetland drawdown. Depending on the
results, the Division may require that an orifice be installed in each wetland to
facilitate drawdown to the permanent pool elevation.
15. The wetland supplements indicate that the specific surface areas for each
required zone (high marsh, low marsh, deep pool, etc.) can be found on the
plans however, this information does not appear to be shown anywhere on the
plans. Please either add this information to the plans, or revise the supplements
and report the surface areas for each zone.
16. There is no extended detention wetland pond section detail on the previously
approved plan or on the modified plans. Does the same "outlet detail" on sheet
SW-3 apply to both the non-discharge wet detention ponds and to the extended
detention wetland ponds?
17. Please revise•page 2 of the low density supplement. Because the lots have
varying BUA limits, it is appropriate to calculate only the available lot BUA- do
not divide by the number of lots. Instead, you need only calculate the total
allowable lot BUA and compare it to the total proposed lot BUA from the lot
listing. The proposed BUA must be less than or equal to what's allowed.
Page 2 of 3

Mr. Exum
October 5, 2010
Stormwater Application No. SW8 050239 Mod.
18. Please provide 2 copies of detailed layout (with dimensions) and grading plans
for the amenity/ recreation area. This area has been redesigned from what was
previously approved, so detailed plans for this area are needed.
19. Please use the same nomenclature to describe the permanent pool and the
storage/overflow in the Pond Table and in the Outlet Detail. The Outlet Detail
refers to the "Normal Water Surface" and the "Top of Outlet" elevations, but the
Pond Table refers to "Perm. El." and "Max. El.".
Please note that a revision to one number may have a domino effect on other numbers,
which may require revision of the applications, calculations, supplements, plans, details,
and associated documentation. Please verify all numbers are correct to ensure
consistency in the application documents. Please provide 2 copies of any plans that will
be revised as a result of this request for additional information.
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received in this Office prior to November
5, 2010, or the application will be returned as incomplete. The return of a project will
necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail, email or fax your
request for a time extension to the Division at the address and fax number at the bottom
of this letter. The request must indicate the date by which you expect to submit the
required information. The Division is allowed 90 days from the receipt of a completed
application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable.
If you have any questions concerning this matter please feel free to call me at (910)
796-7215 or email me at linda.lewis(ancdenr.gov.
Sincerely,
4.-;/GeGt.).
Linda Lewis
Environmental Engineer III
GDS/arl: S:\wqs\stormwater\addinfo\2010\050239mod.oct10
CC: Jeff Petroff, P.E., Coastal Land Design
Linda Lewis
Page 3 of 3

DETENTION POND ANALYSIS
FILE NAME: S:1wgs1stormwaterlexcel spreadsheets\POND1050239-1mod.octl0
PROJECT#: SW8 050239-1 mod.octl0 REVIEWER: P.Bartlett/original
L. Lewis for the modification
PROJECT NAME: Palmetto Creek of the Carolinas
DATE: 06-Oct-10
Receiving Stream: Scotts Branch Class: C; Sw
Drainage Basin: Lumber Index No. 15-25-1-10
Site Area 181.50 acres
Drainage Area 1874613.00 square feet Area = 43.04 acres
Non-Discharge Pond#1 Designed for 25-yr event
IMPERVIOUS AREAS
Rational C
Lots 375600.00 square feet 0.95
Streets 139500.00 square feet 0.95
Sidewalks 9925.00 square feet 0.95
Other/Future 58000.00 square feet 0.95
square feet
square feet
TOTAL 583025.00 square feet Rational Cc= 0.43
SURFACE AREA CALCULATION
% IMPERVIOUS 31.10% SA/DA Ratio 2.79%
Des. Depth 4 Req. SA 52266 sf
TSS: 90 Prov. SA 164611 sf
VOLUME CALCULATION *place a"1" in the box if Rational is used
Rational ?* FOREBAY
Des. Storm 940, inches Perm. Pool Volume=
Rv= 0.33 Req. Forebay Volume= 0
Bottom 23 msl Provided Volume=
Perm. Pool 27.25 msl Percent= #DIV/0!
Design Pool 28.5 msl
Design SA - 173851 sf
Rai +` ,1;9 _ SA @ =
P�ov.Volume 211539 cf Elevation=
ORIFICE CALCULATION
Avg. Head = 0.63 ft Q2 Area = 104.93 sq. in.
Flow Q2, cfs 2.774 cfs Q5 Area = 41.97 sq. in.
Flow Q5, cfs 1.109 cfs Orifice Area 0.00 sq. in.
No. of Orifices Q= 0.000 cfs
Diameter, inches weir H x W in x in
Drawdown = #DIV/0! Idays
COMMENTS
Surface Area ,Volume and Orifice are within Design Guideline:
This modification removes a previously permitted separate pond amenity area, resulting in a net
decrease in the amount of surface area and volume provided in Pond#1. Two errors were found
in the original calculations (design storm and provided volume)which need to be corrected with
this modification. The top of outlet may need to be raised to contain the 25yr 24 hr volume.
The drawdown mechanism is irrigation. They proposed to irrigate over 2.6" of runoff per week
over 38.6 acres of green space. Need to verify that irrigation is possible and ongoing throughout
the winter.

Permit No.��.avif 2 7 37
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWA_TER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can
be found in 15A NCAC 2H .1005 through .1007.
I. PROJECT INFORMATION
Project Name : Palmetto Creek of the Carolinas
Contact Person : Bert Exum Phone Number: (910 ) 392-9325
Number of Lots: 337 Allowable Built Upon Area Per Lot*: See Attached
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area
for each lot. The attachment must include the project name,phase,page numbers and provide area subtotals
and totals.
II. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculations in the space provided below where:
• SA Site Area-the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor-the appropriate percent built upon area dived by 100.
• RA Road Area-the total impervious surface occupied by roadways.
• OA Other Area-the total area of impervious surfaces such as clubhouses,tennis courts, sidewalks, etc.
• No. Lots -the total number of lots in the subdivision.
• BUA/Lot-the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
RECEIVED
SEP 0 9 2010
BY.
Form: SWU-104 Rev 3.99 Page 1 of 2

(SA x DF) -RA- OA = BUA
No. Lots Lots
Calculation:
�ce&b07
(181.5ac x 0.3)-14.2ac-2.0ac = 38.11ac = 61-taefIot- = ",9mot
-3s1-
Tc ( ,po a++241,e 104- <<sh 1, CUS9 99C
/Cn 599'8Cv < I C900077 j
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent on the Stormwater
Management Permit Application Form,the agent may initial below.
Applicants Initials
a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided by DWQ within 30 days of
platting and prior to sale of any lots.
"r3 c c. Built upon area calculations are provided for the overall project and all lots.
-313C' d. Project conforms to low density requirements within the ORW AEC (if applicable).
[15A NCAC 2H .1007(2)(b)]
RECEIVED
SEP 09 2010
BY:
Form: SWU-104 Rev 3.99 Page 2 of 2

Palmetto Creek of the Carolinas 7/27/10
Lot Impervious Allocation
Lot Numbers #of Lots impervious location Total Impervious
Section 1 3-7, 11-14, 20 10 6,500 sf 65,000 sf
Section 1 8-10, 15-19 8 5,500 sf 44,000 sf
Section 1 1, 2, 21-58 40 5,400 sf 216,000 sf
Section 2 6, 7, 10, 16, 22, 23, 25, 26, 30, 50,
53-57, 62, 71, 76, 121, 126, 142 21 5,500 sf 115,500 sf
Section 2 1-5, 8, 9, 11-15, 17-21, 24, 27-29,
31-49, 51, 52, 58-61, 63-70, 72-75,
77-120, 122-125, 127-141, 143-146 125 6,000 sf 750,000 sf
Section 3 1-65 65 3,330 sf 216,450 sf
Section 4 5, 6, 9-14, 16-23, 27-36, 62 27 4,000 sf 108,000 sf
Section 4 2, 3, 4, 24, 45 5 3,556 sf 17,780 sf
Section 4 63 1 4,756 sf 4,756 sf
Section 4 1, 7, 8, 15, 25, 26, 37-44, 46-61, 64-68 35 3,500 sf 122,500 sf
.F5rJ Li,`1-S Total: 1,659,986 sf
RECEIVED
SEP 0 9 2010
BY:

ii
' � �V roject Name: � f�e r ��� s� ,Crc,� - - er: ; ),•,�� n�1�
Date: ;. r�L� j�
Project Received Date: ‘tvAiph-v 60 Awe., -d/Rej ed, (circle one)
2 Project Location: '5.1 -F>w, /. c A .d info re uired ee'fn' Date received: __
Symbols for completing form: '✓'=Yes/OK; 'x'=No/Deficient; 'n/a'or'V or I
Rule(s)Subject(check all that apply):
11.3
. ❑ 1995 Coastal ❑ 2008 Coastal ❑ Phase II ❑ Universal
Papeerww rk:
Or Check for$505(must be no older than 6 months)
❑ Application form with correct/original signatures(original plus 1 copy). If Corporation or LLC also:
o Print the info from the NCSOS
g o Either, 1.)The applicant is listed on the NCSOS with his/her correct title or, 2.)A notarized letter of
authorization has been provided:
t) f- Supplements (1 original per BMP). BMP type(s): pn° as 4
: 1 ❑ O&M with correct/original signatures(1 original per BMP, except el spreaders/liter strips and swales) wrb
�p LYbeed restrictions (if outparcel or subdividing) (original plus 1 copy) CV/Lel
I- o Deed restriction template (signed and notarized) or
o Proposed Declaration of Covenants and Restrictions(signed an notarized) 6Wfj'tES
Soils report identifying the SHWT �W
P Y 9 �daK� `((/1� /hwt,C,k�GI� am'
�
V Q�upporting calculations, signed &sealed (if necessary)
Receiving stream classification: C 5�.1 , If SA or ORW also: �t
o SA: USGS topo map with the site, the receiving waters and the 1/2 mile radius shown to scale. A " T 2
Nag Ji o ORW: 575 ft of MHWL for Area of Environmental Concern and max BUA per rule. �1r a m
et i
-9 ❑ Modifications: 1.) If built: Designer's Cert., 2.) If partially built: Partial Cert., 3.) If not built No Cert. needed.
Development Type(check all that apply): O
Cam' Residential or ❑ Commercial ❑ Deed restrictions match? •• o
'Subdivision or ❑ Single Lot ❑ Deed restrictions match?
® High Density or IYLow Density to J , © Deed restrictions match?
❑ Offsite project ❑ Redevelopment ❑ Modification a$c►39 ❑ Exempt
® NCGO2 (bulkhead) ❑ NCGO3 (clear/grade) Q NCGO4(linear) -r
Density: k%t
F �•—y
❑ BUA calculations include common areas, clubhouse, sidewalks, etc.
❑ BUA%: iv• , Matches high/low density requirement for rule and receiving stream class. p" pp
❑ o obvious math errors ^ . Oor
Jar If High Density: Design storm correct for rule and receiving stream class.
Plans, signed and sealed (2 sets): gi,ci 3 31 i
❑ Two sets received U Layout(with proposed BUA dimensions) " . P
❑ Grading ® Drainage area map(all HD systems&curb outlet swales) u
❑ Vicinity map ❑ Project Boundarie
s es CI Legend
❑ Wetlands:
o Delineated on plans o "No wetlands onsite"on plans
❑ Details:
o Roads o Cul-de-sacs o Curbing o Sidewalk
o BMPs/Level spreaders/Filter strips/Curb outlet swales o Buildings(Acts or Condos)
Offsite Projects:
U Desi er's Certification has been submitted for the Offsite BMP receivina the runoff from the project.
/ye
restrictions have been recorded and a copy submitted for thei"d�.ot size has not changed from what was approved under the Maste 1GT (f � .t �Correct lot number is referenced on the supplement form.
C1a� 15 U
❑ Offsite system is in compliance with its permit, if known. � st7y
Infiltrati n Projects: WdaW j' 'y ( _ 1 j 305 AtE
Soils report: SHWT, soil type, and expected infiltration rate are prov • ac
0 DWQ has conducted a site visit? Date: `O' 51ar rn 4�
'Wet Ponds: Permanent Pool Meets One of the Following: Wt' dh5�n4�a�,. Nis m61:1 Rooio�S �o
❑ Is located no lower than 6" below the estimated SHWT. '% p 0� tc pN
ktr Incoming groundwater is quantified and evaluated, AND Storage vc R P rnflt/1SiAtNS
drainage to the receiving waters under SHWT conditions. d1 .ate• �m� dQs►�n 5 41P2
Decision (check one): Cha �q CJ
❑ Complete: Return file to admin (Jo Casmer)to log in. (Stamped in n Jl101 hactssckttly
❑ Slightly incomplete: E-mail consultant, request information to be re mtnausiv In Size, e. �' u.E
request. Info requests on Friday, allow a return on the following bu.5 i) 1
application return letter and give everything to admin. (Add info reci INWOO `o immix uy Ti4E
0 Substantially incomplete: Issue an application return letter and givc1-A

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%**01\10 Coastal Land Desiqn, PLLC RECV SEp
Civil Engineering/Landscape Architecture 9 2010
Land Planning/Construction Management
L
To: NCDENR—Wilmington Regional Office-DWQ Date: Sept 8,2010
127 Cardinal Drive Extension File: 101-01
Wilmington,NC 28405 Subject: Stormwater Permit Modification for
(910)796—7215 Palmetto Creek of the Carolinas
Attn: 1 Linda Lev is j SW8 050239
❑As Requested ❑For Your Files ❑For Distribution ®For your Review/Action/Approval
❑ Sent via Mail ❑ Sent via Courier
Quantity Drawing No. Description
2 Original and One copy of Permit Application SWU-101
1 Original Supplements
1 Permit Fee of$505
1 Stormwater Report and Calculations
2 Copies of the Drawings
RECEIVED_
SEP 0 9 2010
13Y- .
REMARKS Hi Linda,please find the enclosed. This is the project we originally submitted for ownership transfer and some
discrepancies were found with the lot numbers. From our discussion,we are submitting a full modification. The
owner wanted to reshuffle some impervious allocations in addition to updating the lot numbers and that is also
reflected in this submittal. Please let me know if you have any questions. Thanks.
CC: File Coastal Land Design,PLLC
Bert Exum
Signed
JeF ey B. etroff,P.E.
Trans-NCDENR-090 8 10

DWQ USE ONLY
Date Received Fee Paid Permit Number
f--,D .SDI —� �.3 76 — —Lv�D�'� 73 7
Applicable Rules: ❑Coastal SW-1995 ❑Coastal SW-2008 ❑Ph II-Post Construction
(select all that apply) ❑Non-Coastal SW-HQW/ORW Waters ❑Universal Stormwater Management Plan
❑Other WQ Mgmt Plan:
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Project Name(subdivision,facility,or establishment name-should be consistent with project name on plans,
specifications,letters,operation and maintenance agreements,etc.):
Palmetto Creek of the Carolinas
2. Location of Project(street address):
1500 N.C.Hwy 211 SE
City:Bolivia County:Brunswick Zip:28422
3. Directions to project(from nearest major intersection):
Approximately one mile east on NC 211 from intersection with Zion Hill Road SR 1114
4. Latitude:33° 59' 51"N Longitude:78° 13' 21"W of the main entrance to the project.
IL PERMIT INFORMATION:
1.a.Specify whether project is(check one): ['New NModification
b.If this application is being submitted as the result of a modification to an existing permit,list the existing
permit number SW8 050239 ,its issue date(if known)Tune 7,2005 ,and the status of
construction: ❑Not Started ['Partially Completed* N Completed* *provide a designer's certification
2. Specify the type of project(check one):
['Low Density ❑High Density ❑Drains to an Offsite Stormwater System ❑Other
3. If this application is being submitted as the result of a previously returned application or a letter from DWQ
requesting a state stormwater management permit application,list the stormwater project number,if
assigned, and the previous name of the project,if different than currently
proposed,
4.a.Additional Project Requirements(check applicable blanks;information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
[LAMA Major ❑Sedimentation/Erosion Control: ac of Disturbed Area
❑NPDES Industrial Stormwater 0404/401 Permit:Proposed Impacts
b.If any of these permits have already been acquired please provide the Project Name,Project/Permit Number,
issue date and the type of each permit
RECEIVED
SEP 0 9 2010
BY:
Form SW! -101 Version 07Jun2010 Page 1 of 6

III. CONTACT INFORMATION
1.a.Print Applicant/Signing Official's name and title(specifically the developer,property owner,lessee,
designated government official,individual,etc.who owns the project):
Applicant/Organization:XDV,Inc.
Signing Official&Title:Bert Exum,President
b.Contact information for person listed in item la above:
Street Address:503 Olde Waterford Way,Suite 200
City:Leland State:NC Zip:28451
Mailing Address(if applicable):P.O.Box 1967
City:Wilmington State:NC Zip:28402
Phone: (910 ) 392-9325 Fax: ( )
Email:
c.Please check the appropriate box.The applicant listed above is:
®The property owner(Skip to Contact Information,item 3a)
['Lessee*(Attach a copy of the lease agreement and complete Contact Information,item 2a and 2b below)
❑Purchaser*(Attach a copy of the pending sales agreement and complete Contact Information,item 2a and
2b below)
❑Developer*(Complete Contact Information,item 2a and 2b below.)
2.a.Print Property Owner's name and title below,if you are the lessee,purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization:
Signing Official&Title:
b.Contact information for person listed in item 2a above:
Street Address:
City: State: Zip:
Mailing Address(if applicable):
City: State: Zip:
Phone: ( ) Fax: ( )
Email:
3.a. (Optional)Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/Organization: C TAT
Signing Official&Title: SEp 0 9 2010
b.Contact information for person listed in item 3a above: $
Mailing Address:
City: State: _ Zip:
Phone: ( ) Fax: ( )
Email:
4. Local jurisdiction for building permits: Brunswick County
Point of Contact:Beverly Coleman Phone#: (910 ) 253-2050
Form SWU-101 Version 07Jun2010 Page 2 of 6

IV. PROJECT INFORMATION
1. In the space provided below,briefly summarize how the stormwater runoff will be treated.
Stormwater is currently treated in Water Quality Swales,Wetland Detention Basins and Non-discharge Ponds
RE CFPTVED
2.a.If claiming vested rights,identify the supporting documents provided and the date th wer e p ov
❑Approval of a Site Specific Development Plan or PUD Approval Date: 2010
❑Valid Building Permit Issued Date:
❑Other: Date: BC
b.If claiming vested rights,identify the regulation(s)the project has been designed in accordance with:
®Coastal SW-1995 ❑Ph II-Post Construction
3. Stormwater runoff from this project drains to the Lumber River basin.
4. Total Property Area: 181.5 acres 5. Total Coastal Wetlands Area: N/A acres
6. Total Surface Water Area: N/A acres
7. Total Property Area(4)-Total Coastal Wetlands Area(5)-Total Surface Water Area(6)=Total Project
Area': 181.5 acres
+ Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area
between the banks of streams and rivers, the area below the Normal High Water(NHVV)line or Mean High Water
(MHV1>)line,and coastal wetlands landward from the NHW(or MHVW)line. The resultant project area is used to
calculate overall percent built upon area(BUA). Non-coastal wetlands landward of the NHW(or MI-IW)line may
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area/ Total Project Area)X 100 = 30 %
9. How many drainage areas does the project have?8(For high density,count 1 for each proposed engineered
stormwater BMP. For low density and other projects,use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project,attach an additional sheet with the information for each area
provided in the same format as below. p._., c.,,.,, a-t* r k\o. ,
Basin Information ' Drainage Area 1 Drainage Area 2 Drainage Area 3 Drainage Area 4
Receiving Stream Name Scotts Branch Scotts Branch Scotts Branch Scotts Branch
Stream Class * C;Sw C;Sw C;Sw C;Sw
Stream Index Number* 15-25-1-10 15-25-1-10 15-25-1-10 15-25-1-10
Total Drainage Area(sf) 7,906,170 sf 1,874,613 sf 729,939 sf 333,893 sf
On-site Drainage Area(sf) 7,906,170 sf _ 1,874,613 sf 729,939 sf _ 333,893 sf
Off-site Drainage Area(sf) -0- -0- -0- _0-
Proposed Impervious Area**(sf) 2,371,760 sf 583,085 sf 191,442 sf 124,177 sf
% Impervious Area**(total) 30 % 31.1 % 26.2 % 37.2 %
Impervious'Sun face Area , Drainage Area I. Drainage Area 2 Drainage Area 3 Drainage Area 4
On-site Buildings/Lots(sf) 1,659,986 sf 375,600 sf 143,750 sf 66,600 sf
On-site Streets (sf) 620,660 sf 139,560 sf 45,192 sf 53,277 sf
On-site Parking (sf) -0- -0- -0- -0-
On-site Sidewalks (sf) 30,000 sf 9,925 sf 2,500 sf 4,300 sf
Other on-site (sf) 58,000 sf 58,000 sf -0- -0-
Future(sf) 3,114 sf -0- -0- -0-
Off-site (sf) -0- -0- -0- -0-
Existing BUA***(sf) -0- -0- -0- -0-
Total (sf): 2,371,760 sf 583,085 sf 191,442 sf 124,177 sf
* Stream Class and Index Number can be determined at: http://portal.ncdenr.org/cveb/wq/ps/csu/classifications
** Impervious area is defined as the built upon area including, but not limited to, buildings,roads,parking areas,
sidewalks,gravel areas,etc.
***Report only that amount of existing BUA that will remain after development.Do not report any existing BUA that
is to be removed and which will be replaced by new BUA.
Form SWIJ-1 01 Version 07Jun2010 Page 3 of 6

10.Complete the following information for each drainage area identified in Project Information item 9. If there are more
than four drainage areas in the project,attach an additional sheet with the information for each area provided in the same
format as below.
Basin Information Wetland Basin#2 Wetland Basin#3 Wetland Basin#4 Wetland Basin#5
Receiving Stream Name Scotts Branch Scotts Branch Scotts Branch Scotts Branch
Stream Class * C;Sw C;Sw C;Sw C;Sw
Stream Index Number* 15-25-1-10 15-25-1-10 15-25-1-10 15-25-1-10
Total Drainage Area(sf) 626,309 sf 107,149 sf 356,096 sf 267,378 sf
On-site Drainage Area(sf) 626,309 sf 107,149 sf 356,096 sf 267,378 sf
Off-site Drainage Area(sf) -0- -0- -0- -0-
Proposed Impervious Area**(sf) 255,898 sf 36,620 sf 133,642 sf 85,256 sf
%Impervious*Area(total) 40.9% 34.2% 37.5% 31.9%
Impervious**Surface Area Wetland Basin#2 Wetland Basin#3 Wetland Basin#4 Wetland Basin#5
On-site Buildings/Lots(sf) 164,148 sf 27,000 sf 99,362 sf 65,756 sf
On-site Streets(sf) 84,100 sf 9,620 sf 32,500 sf 19,500 sf
On-site Parking(sf) -0- -0- -0- -0- _
On-site Sidewalks(sf) 7,650 sf -0- -0- -0-
Other On-site(sf) -0- -0- 1,780 sf -0-
Future(sf) -0- -0- -0- -0-
Off-site(sf) -0- -0- -0- -0-
Existing BUA***(sf) -0- -0- -0- -0-
Total(sf): 255,898 sf 36,620 sf 133,642 sf 85,256 sf
Drainage Area Key for PROJECT INFORMATION table under item 10 on Page 3:
Drainage Area 1 =Overall Project
Drainage Area 2=Non-Discharge Pond#1
Drainage Area 3 =Non-Discharge Pond#2
Drainage Area 4 =Wetland Basin#1
The four drainage areas above are notated in the table.
RECEIVED
SEP 0 9 2010
BY.
Form SWU-101 Version 07Jun2010 Page 3b of 6

11. How was the off-site impervious area listed above determined?Provide documentation. N/A
Projects in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened&
Endangered Species watershed that may be subject to more stringent stormwater requirements as per NCAC 02B.0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance(O&M)forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from http://portal.ncdenr.org/web/wq/ws/su/bmp-manual.
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality(DWQ).
A complete package includes all of the items listed below. A detailed application instruction sheet and BMP
checklists are available from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms docs. The complete
application package should be submitted to the appropriate DWQ Office. (The appropriate office may be
found by locating project on the interactive online map at http://portal.ncdenr.org/web/wq/ws/su/maps.)
Please indicate that the following required information have been provided by initialing in the space provided
for each item.All original documents MUST be signed and initialed in blue ink. Download the latest versions
for each submitted application package from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms docs.
Initials
1. Original and one copy of the Stormwater Management Permit Application Form. 5j3 C'
2. Original and one copy of the signed and notarized Deed Restrictions&Protective Covenants 4Y/i�
Form. (if required as per Part VII below)
3. Original of the applicable Supplement Form(s) (sealed,signed and dated)and O&M -5}3?
agreement(s)for each BMP.
4. Permit application processing fee of$505 payable to NCDENR. (For an Express review,refer to "S3P
http://www.envhelp.org/pages/onestopexpress.html for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
5. A detailed narrative(one to two pages)describing the stormwater treatment/managementfor
the project. This is required in addition to the brief summary provided in the Project
Information,item 1.
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the S' ?
receiving stream drains to class SA waters within 1/2 mile of the site boundary,include the 1/2
mile radius on the map.
7. Sealed,signed and dated calculations. .• 3 P
8. Two sets of plans folded to 8.5"x 14" (sealed,signed,&dated),including: 3 Qp
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
f. Scale. x
g. Revision number and dates. SFp 0 9424)
h. Identify all surface waters on the plans by delineating the normal pool elevation •, CO/0
impounded structures,the banks of streams and rivers,the MHW or NHW line o •••:
waters,and any coastal wetlands landward of the MHW or NHW lines.
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures,the banks of streams or rivers,and the MHW(or NHW)of tidal waters.
i. Dimensioned property/project boundary with,bearings&distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours,proposed contours,spot elevations,finished floor elevations.
1. Details of roads,drainage features,collection systems,and stormwater control measures.
m.Wetlands delineated,or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
n. Existing drainage(including off-site), drainage easements,pipe sizes,runoff calculations.
o. Drainage areas delineated(included in the main set of plans,not as a separate document).
p. Vegetated buffers(where required).
Form SWU-101 Version 07Jun20 10 Page 4 of 6

9. Copy of any applicable soils report with the associated SHWT elevations(Please identify ,Y/iQ
elevations in addition to depths)as well as a map of the boring locations with the existing
elevations and boring logs.Include an 8.5"x11"copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs,the report should also
include the soil type,expected infiltration rate,and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO:Schedule a site visit for DWQ to verify the SHVVT prior
to submittal, [phone].)
10. A copy of the most current property deed. Deed book: Page No: //4
11. For corporations and limited liability corporations(LLC):Provide documentation from the NC STK)
Secretary of State or other official documentation,which supports the titles and positions held
by the persons listed in Contact Information,item 1a,2a,and/or 3a per NCAC 2H.1003(e).The
corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State,otherwise the application will be returned.
http://www.secretary.state.nc.us/Corporations/CSearch.aspx
VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions,outparcels,and future development,the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary,a table listing each lot number,lot size,and the allowable built-upon area must be provided
as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and
protective covenants forms can be downloaded from
http://portal.ncdenr.org/web/wq/ws/su/statesw/forms docs.Download the latest versions for each submittal.
In the instances where the applicant is different than the property owner,it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s)below,the permit holder(s)certify that the recorded property restrictions and
protective covenants for this project,if required,shall include all the items required in the permit and listed
on the forms available on the website,that the covenants will be binding on all parties and persons claiming
under them,that they will run with the land,that the required covenants cannot be changed or deleted
without concurrence from the NC DWQ and that they will be recorded prior to the sale of any lot.
VIII. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm(such as a
consulting engineer and/or firm)so that they may provide information on your behalf for this project(such as
addressing requests for additional information).
Consulting Engineer: Jeff Petroff,P.E.
Consulting Firm: Coastal Land Design,PLLC
Mailing Address:P.O.Box 1172
City:Wilmington State:NC Zip:28402
Phone: (910 ) 254-9333 x 1002 Fax: (910 ) 254-0502
Email:[e-mail]
IX. PROPERTY OWNER AUTHORIZATION(if Contact Information,item 2 has been filled out,complete this
section)
I, (print or type name of person listed in Contact Information,item 2a) ,certify that I
own the property identified in this permit application,and thus give permission to (print or type name of person
listed in Contact Information,item la) with(print or type name of organization listed in
Contact Information,item 1a)_ to develop the project as currently proposed. A copy of
the lease agreement or pending property sales contract has been provided with the submittal,which indicates the
party responsible for the operation and maintenance of the stormwater system.
RECEIVED
SEP 09 2010
Form SWU-101 Version 07Jun2010 Page 5 of 6

As the legal property owner I acknowledge,understand,and agree by my signature below,that if my designated
agent(entity listed in Contact Information,item 1)dissolves their company and/or cancels or defaults on their
lease agreement,or pending sale,responsibility for compliance with the DWQ Stormwater permit reverts back to
me,the property owner.As the property owner,it is my responsibility to notify DWQ immediately and submit a
completed Name/Ownership Change Form within 30 days;otherwise I will be operating a stormwater treatment
facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid
permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including
the assessment of civil penalties of up to$25,000 per day,pursuant to NCGS 143-215.6.
Signature: Date:
I, ,a Notary Public for the State of ,County of
,do hereby certify that personally appeared
before me this_day of ,and acknowledge the due execution of the application for
a stormwater permit. Witness my hand and official seal,
SEAL
My commission expires
X. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in Contact Information,item la) Bert Exum
certify that the information included on this permit application form is,to the best of my knowledge,correct and
that the project will be constructed in conformance with the approved plans,that the required deed restrictions
and protective covenants will be recorded,and that the proposed project complies with the requirements of the
applicable stormwater rules under 15A NCAC 2H.1000,SL 2006-246(Ph.II-Post Construction)or SL 2008-211.
Signature: jC Y Date: /r lO
I, l7JA1a/ • ,a Notary Public for the State of NC 7* WOW* ,County of
t g.(1/ .574/teg ,do hereby certify that J 5)R gT C.G. v./in personally appeared
before me this /fay of 411& - , oW/D ,and ac owledge the due execution of the application for
a stormwater permit. Witness my hand and official seal, q.; ertele-,,jeeZ
S rI
F7y13 SEAL
=C NOTARY
PUBLIC ,9
:p er My commission expires v�G.49 cora&
cipy
�'"" RECEIVED
SEP 0 9 2010
Form SWLJ-101 Version 07Jun2010 Page 6 of 6

Palmetto Creek of the Carolinas
Brunswick County, North Carolina
Stormwater Modification
-Report and Calculations
Prepared for
XDV, Inc.
P.O. Box 1967
Wilmington, NC 28402
sw0uo..,yo S lO-la
4.
oe` FEssio (44%
.�4Q,o �.y Date: 10-August-2010
SEAL r.
�rfJD
028858
- ®`�= SEp U 9 2 O
4
% INEp .sg44oe BY:
s Project #: 101-00
-
II Coastal Land Design, PLLC
Civil Engineering Landscape Landsca a Architecture
L.P'*1111111 Land Planning/Construction Management
P.O. Box 1172 [phone]
Wilmington, NC 28402 [phone]
www.cldeng.com

General
This submittal is for a stormwater permit modification to the Palmetto Creek of the
Carolinas development. The site is currently operating under permit number SW8
050239 issued on June 7,2005. The site is located on Hwy 211 in the Lockwood Folly
Township of Brunswick County. It is a low-density residential development
Ciio.' 2 consisting of approximately J81-5 acres. The project site is bordered by NC 211 to the
South, Old Lennon Rd. to the North, and Scott's Branch Creek to the West.
The overall project remains low density(30% impervious under 1999 rules)with no
change in the permitted impervious allocation. This modification includes the
elimination of 4 lots and a reallocation of lot impervious. Three stormwater treatment
-methods are utilized in the development: 18 water quality swales,2 non-discharge pond
systems and 5 wetland/infiltration basins. The combination of three types of treatment
devices allows the project to meet NCDENR stormwater requirements as well as
Brunswick County Pre-Post requirements.
Site
All infrastructure and site improvements are complete. The project area is
approximately 181.5 acres. The site has fairly significant relief towards Scott's
Branch. The interior of the site undulates with high and low points scattered
throughout. Soils are sandy with few silts and clays. Vegetation is fairly thin. The
roads utilize a curb and gutter collection system.
Water Quality Swales
Along Scott's Branch, 18 water quality swales are used to treat stormwater runoff. As
shown in the attached calculations, velocities are within allowable limits. All swales
were originally constructed several years ago and are now well established and
stabilized. Updated calculations and a curb outlet supplement are included in this
submittal.
Non-Discharge Pond System
There are two non-discharge pond systems in this project. Both ponds were constructed
per original plan; however pond#1 had originally consisted of two interconnected
ponds. During construction the two ponds that made up pond#1 had an elevation
difference that required a riser between ponds. Therefore,this submittal removes one of
the ponds that originally made up pond#1 and reclassifies it as an amenity pond.
Calculations are included in this submittal for pond#1 showing it still has the freeboard
to store the 25yr—24hr event with no discharge. Wet detention supplements have been
updated for both ponds reflecting actual drainage and impervious areas.

As originally permitted the pond system will be drawn back to its normal water level by
an extensive irrigation system used to irrigate all of the road right-of-ways and common
areas. There are approximately 36.8 acres of green space requiring irrigation at a rate of
70,000gal/ac/week. Irrigation needs are sufficient to draw down the design storm in the
required 2—5 days. Also, emergency risers have been installed to accommodate
extreme storm events above the design storm.
Wetland Detention Basin
There are 5 Wetland Detention Basins on this site that outlet through infiltration. All
basins were constructed per original plan. Extended detention wetland worksheets are
attached for each basin updating the actual drainage and impervious areas. The drainage
and impervious areas are all within the approved allocations as shown on the following
chart.
Previously Permitted Current Submittal
Drainage Impervious Drainage Impervious
Area (ac) Allocation (ac) Area (ac) Allocation (ac)
Wetland Basin#1 8.91 2.88 7.67 2.85
Wetland Basin#2 16.49 6.09 14.38 5.87
Wetland Basin#3 3.82 1.21 2.46 0.84
Wetland Basin#4 10.12 4.14 8.17 3.07
Wetland Basin#5 6.32 2.29 6.14 1.96
As originally permitted,infiltration is used to draw the pond back down to pre-storm
conditions. Outlet weirs and structures are used to convey extreme storm events above
the design storm.
Deed Restrictions
Recorded deed restrictions are attached. As part of this modification, a redistribution of
lot impervious allocation is desired. Therefore, sample deed restrictions at the desired
distribution are also attached. Upon approval from NCDENR,the recorded deed
restrictions will be amended to match the proposed deed restrictions. The applicant still
owns all lots that are having their impervious allocation reduced;therefore no individual
lot owners are adversely impacted.
Supplements and Calculations
As previously stated, all supplements (1 low density, 1 curb outlet, 2 wet detention and
5 extend wetland)have been updated with"as-built"impervious and drainage areas and
are within original permit allocations. Calculations are included for non-discharge pond
#1 and the water quality swales because their drainage areas and impervious allocations
have been increased.

Sec. of State Documentation

@111111111111 fit•
SOSID:0758693
Date Filed:9/14/2009 2:06:00 PM
Elaine F.Marshall
D-479(42)
Business Corporation North Carolina Annual I: North Carolina Secretary of State
10-28-08 CA200927500538
This report may be filed online at the Secretary of State website:www.sosnc.com
ame of Bus.Corporation: XDV, INC.
scat Year Ending: 12 31 08 State of Incorporation: NC
Month / Day/Year
scretary of State ID Number. 0758693
�>
I hereby certify that the Information requested below(required by NCGS 55.16-22)has not changed since the most recently filed annual
report and Is therefore complete.' •
s V
ature of Business: REAL ESTATE g
egistered Agent ROBERT C.G. EXUM
egistered Office Mailing Address: P.0. BOX 1967
ounty: NEW HANOVER City: WILMINGTON State: NC Zip Code:28402
egistered Office Street Address: 503 OLDE WATERFORD WAY SUITE 200
ounty: BRUNSWICK City: LELAND State: NC Zip Code:28451
gnature of New Registered Agent
(Signature constitutes consent to the appointment)
incipal Office Telephone Number.910—3 9 2—9 3 2 5
incipal Office Melling Address: P.O. BOX 1967
City: WILMINGTON State: NC Zip Code:28402
incipal Office Street Address: 503 OLDE WATERFORD WAY SUITE 200
City: LELAND State: NC Zip Code: 28451
ame,Title,and Business Address of Principal Officers:
Name: ROBERT C.G. EXUM Title: PRESIDENT
Address: P.O. BOX 1967
City: WILMINGTON State: NC Zip: 28402
Name: Title:
Address:
City: State: Zip:
Name: Title:
Address:
City: State: Zip:
edification of annual report(Must be completed by sit Business Corporations). /
�- L � f cC //o(U1
Signature(Form must be signed by an officer of corporation) Date
ROBERT C.G. EXUM PRESIDENT
Type or Print Name Title

USGS Map

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Storm Drain Schedule

Storm Drain Schedule
FROM I Rim Dn I Inv.Dn TO I Rim Up Inv.Up Description
FES1 26.50 I 23.50 JB3. ! 30.00 I 24.19 j 138 ' of 36 " CPP
JB3 I. 30.00 24.19 CB8 ' 30.34 24.91 143 ' of 36 " CPP
CB8 30.34 24.91 CB7 30.34 ; 25.02 22 ' of 36 " CPP
CB7 I 30.34 1 25.52 CB6 33.04 j 26.96 , 288 ' of 30 " CPP
CB6 33.04 26.96 CB5 33.04 27.07 22 ' of 30 " CPP
035 33.04 28.07 JB1 34.21 28.58 101 ' of 18 " CPP
JB1 34.21 28.58 CB3 36.57 30.07 149 ' of 18 " CPP
CB3 36.57 30.07 CB4 36.57 I 30.76 69 ' of 18 " CPP
CB3 ; 36.57 30.07 CB2 35.79 31.66 159 ' of 18 " CPP
CB2 35.79 I 31.66 CB1 35.79 32.03 74 ' of 18 " CPP
CB5 33.04 27.57 CB12 32.47 28.27 140 ' of 24 " CPP
CB12 32.47 28.27 CB11 32.47 28.38 22 ' of 24 " CPP
j CB12 32.47 1 28.77 JB2 34.85 29.31 107 ' of 18 " CPP
JB2 34.85 29.31 CB 10 34.96 I 30.16 171 ' of 18 " CPP
CB10 34.96 30.16 CB9 34.96 30.26 22 ' of 18 " CPP
FES 16 I 26.64 24.64 CB17 29.65 25.43 158 ' of 24 " CPP
CB17 j 29.65 25.43 CB 18 29.65 25.65 22 ' of 24 " CPP
FES19 27.25 25.25 JB20 I 33.50 28.50 I 64 ' of 24 " CPP
JB20 33.50 , 29.00 CB21 36.69 31.08 i 209 ' of 18 " CPP
CB21 36.69 31.08 CB22 ; 36.32 31.65 56 ' of 18 " CPP
JB20 33.50 29.00 CB23A 36.50 32.80 ' 169 ' of 18 " CPP
CB23A 36.50 32.80 CB23 38.00 i 33.84 46 ' of 18 " CPP
CB23 38.00 33.84 j CB24 39.21 1 34.84 i 100 ' of 18 " CPP
CB24 39.21 34.84 i CB25 39.21 j 35.08 24 ' of 18 " CPP
CB23A 36.50 32.80 CB23B 35.50 j 33.00 I 109 ' of 18 " CPP
CB23B 35.50 33.00 CB23C 36.75 33.40 j 80 ' of 15 " CPP
CB23C 36.75 33.40 I CB23D 35.75 33.55 I 30 ' of 15 " CPP
CB23B 35.50 33.00 I CB23E 35.45 33.17 35 ' of 12 " CPP
FES26 27.25 25.25 JB27 j 33.00 i 27.67 51 ' of 24 " CPP j
JB27 33.00 27.67 CB29B 33.50 28.10 138 ' of 24 " CPP
CB29B 33.50 28.10 CB28A I 33.50 28.22 38 ' of 24 " CPP
CB28A 33.50 28.22 CB29A 35.70 28.88 207 ' of 24 " CPP
CB29A 35.70 28.88 ' CB29 34.25 29.88 58 ' of 24 " CPP
CB29 34.25 i 29.88 I CB30 34.25 30.00 24 ' of 24 " CPP
JB27 33.00 27.67 CB31 33.06 28.98 263 ' of 24 " CPP
CB31 33.06 29.48 CB32 33.06 29.60 24 ' of 18 " CPP
FES33 ' 26.95 24.95 CB34 30.10 25.98 207 ' of 24 " CPP
CB34 j 30.10 25.98 CB35 ; 30.10 26.10 24 ' of 24 " CPP
FES36 26.34 j 23.84 CB37 I 29.50 24.88 j 208 ' of 30 " CPP
CB37 29.50 24.88 CB38 j 29.90 j 25.00 24 ' of 30 " CPP
CB38 29.90 25.00 RISER39 31.00 j 27.00 j 264 ' of 30 " CPP
RECEIVED
SEP 0 9 2010
Palmetto Creek of the Carolinas 1 of 3

• Storm Drain Schedule
FROM Rim Dn Inv.Dn TO Rim Up Inv.Up Description
FES51 21.50 19.00 JB52 24.00 19.04 26 ' of 30 " CPP
JB52 24.00 19.04 JB53 25.00 I 19.63 118 ' of 30 " CPP
JB53 I 25.00 I 19.63 CB54 25.96 21.46 368 ' of 30 " CPP
I CB54 25.96 21.96 I CB55 28.73 24.65 305 ' of 24 " CPP
CB55 28.73 24.65 I CB56 34.22 27.05 240 ' of 24 " CPP
CB56 34.22 29.50 I CB57 i 35.39 30.77 I 182 ' of 18 " CPP
CB57 35.39 I 30.77 CB58 35.39 30.89 22 ' of 18 " CPP
JB52 , 24.00 I 20.04 CB59 25.00 21.50 141 ' of 18 " CPP
CB54 25.96 22.36 CB62 25.96 22.46 20 ' of 18 " CPP
CB55 28.73 25.13 CB63 j 28.73 25.23 20 ' of 18 " CPP
CB56 34.22 29.50 CB64 I 34.22 29.72 I 20 ' of 18 " CPP
CB56 i 34.22 27.55 CB65 i 32.96 28.39 170 ' of 18 " CPP
CB65 32.96 28.39 CB66 32.96 28.50 I 22 ' of 18 " CPP
JB53 25.00 19.63 CB60 25.03 I 20.20 113 ' of 18 " CPP
FES67 21.00 19.00 I CB68 23.53 19.53 I 53 ' of 24 " CPP
CB68 23.53 19.53 I JB69 25.85 21.35 170 ' of 24 " CPP
JB69 I 25.85 21.35 CB70 28.40 23.90 294 ' of 24 " CPP
CB70 28.40 i 23.90 CB71 29.75 25.25 106 ' of 24 " CPP
CB71 29.75 25.25 CB72 31.06 I 26.36 I 121 ' of 24 " CPP
CB72 31.06 26.36 CB73 30.83 26.77 83 ' of 24 " CPP
CB73 30.83 27.21 CB74 30.83 27.33 24 ' of 18 " CPP
CB68 23.53 19.93 CB75 23.53 20.03 20 ' of 18 " CPP
CB70 28.40 I 24.40 CB76 28.40 ' 24.50 I 20 ' of 18 " CPP
CB72 31.06 26.86 I CB77 I 31.06 27.01 30 ' of 18 " CPP
I FES78 21.50 20.00 CB79 28.77 I 24.53 I 119 ' of 18 " CPP
FES81 21.00 19.00 CB82 26.60 22.10 22 ' of 24 " CPP
CB82 26.60 22.10 CB83 26.60 22.30 24 ' of 24 " CPP
CB83 26.60 22.80 CB84 31.52 I 27.52 178 ' of 18 " CPP
CB84 31.52 ! 27.52 CB85 31.94 27.94 57 ' of 18 " CPP
FES89 18.26 15.76 JB90 25.00 j 16.22 91 ' of 30 " CPP
JB90 25.00 16.22 JB91 I 25.00 16.56 68 ' of 30 " CPP
JB91 25.00 16.56 RISER92 21.00 18.00 I 288 ' of 30 " CPP
FES93 16.76 I 14.76 CB94 I 19.53 14.96 40 ' of 24 " CPP
CB94 19.53 14.96 CB95 20.16 16.05 218 ' of 24 " CPP
CB95 20.16 16.05 CB96 20.16 16.16 20 ' of 24 " CPP
CB96 20.16 16.16 JB97 23.00 18.40 71 ' of 24 " CPP
JB97 23.00 18.40 CB98 23.26 ' 19.14 I 147 ' of 24 " CPP
CB98 23.26 19.64 aCB99 I 23.26 19.76 24 ' of 18 " CPP
CB94 I 19.53 15.46 CB100 19.53 15.90 87 ' of 18 " CPP
FES101 14.64 I 12.14 CB102 I 15.50 12.79 130 ' of 30 " CPP
CB102 15.50 12.79 FES103 16.76 14.26 295 ' of 30 " CPP
Palmetto Creek of the Carolinas 2 of 3

/
Storm Drain Schedule
FROM Rim Dn Inv.Dn TO Rim Up Inv.Up I Description
FES104 11.25 9.25 I CB105 12.65 9.34 35 ' of 24 " CPP
CB105 12.65 9.34 JB105B 13.87 I 9.61 + 108 ' of 24 " CPP
JB105B ! 13.87 ; 9.61 1 CB106 I 14.34 9.89 55 ' of 24 " CPP
JB 105B 13.87 10.11 CB106B I 13.36 10.29 73 ' of 18 " CPP
JB105B 13.87 9.61 CB106C I 13.36 j 9.80 74 ' of 24 " CPP
FES107 22.00 20.00 i CB108 25.64 22.28 137 ' of 24 " CPP
CB108 i 25.64 22.78 CB109 25.64 j 22.89 I 22 ' of 18 " RCP
FES110 21.50 19.00 ! CB111 23.26 19.20 34 ' of 30 " CPP
CB111 23.26 19.20 CB112 27.11 21.25 221 ' of 30 " CPP
CB112 27.11 I 21.25 CB113 27.11 21.36 ! 22 ' of 30 " CPP
CB113 27.11 21.86 CB114 27.26 23.15 j 258 ' of 24 " CPP
CB114 27.26 23.15 CB 115 27.26 j 23.26 22 ' of 24 " CPP
CB111 23.26 20.15 CB116 23.26 20.26 22 ' of 18 " RCP
! FES117 22.50 21.00 1 CB118 29.35 25.13 170 ' of 18 " CPP
CB118 29.35 I 25.13 CB119 29.35 25.35 22 ' of 18 " CPP
FES120 22.50 21.00 ! CB121 30.14 25.92 I 140 ' of 18 " CPP
CB121 30.14 25.92 CB122 30.14 26.14 22 ' of 18 " CPP
FES123 30.00 28.00 CB124 33.86 29.86 j 40 ' of 24 " CPP
CB124 33.86 29.86 JB 125 35.00 30.53 ! 94 ' of 24 " CPP
JB 125 35.00 30.53 CB126 36.37 32.27 349 ' of 24 " CPP
CB126 36.37 32.77 CB127 36.37 32.87 20 ' of 18 " CPP
CB124 33.86 30.26 CB128 1 33.86 30.36 20 ' of 18 " CPP
f FES129 19.50 18.00 CB130 22.75 I 18.75 54 ' of 18 " CPP
CB 130 22.75 18.75 CB131 28.27 23.55 j 150 ' of 18 " CPP
CB131 j 28.27 23.55 CB132 28.27 i 23.77 j 20 ' of 18 " CPP
FES133 27.50 25.50 CB135 ! 30.83 26.73 38 ' of 24 " CPP
CB135 , 30.83 26.73 I CB136 30.83 i 26.83 I 20 ' of 24 " CPP
' FES137 27.28 25.28 JB138B ' 34.00 25.50 45 ' of 24 " CPP
JB138B 34.00 25.50 JB138 33.50 26.16 133 ' of 24 " CPP
JB138 33.50 26.16 j JB139 32.00 26.51 70 ' of 24 " CPP
JB139 32.00 26.51 CB140 30.95 26.85 ! 68 ' of 24 " CPP !
CB140 30.95 26.85 ! CB141 30.95 26.95 20 ' of 24 " CPP
FES142 27.50 25.50 CB143 30.80 , 26.47 ; 33 ' of 24 " CPP
CB143 ; 30.80 26.47 CB144 30.80 26.70 1 46 ' of 24 " CPP
CB144 30.80 ; 27.20 i CB145 30.80 I 27.30 1 20 ' of 18 " CPP 1
1 FES146 j 13.50 ! 11.00 JB147 20.50 16.00 188 ' of 30 " CPP
JB147 I 20.50 16.00 EM OUT21 29.25 24.00 400 ' of 30 " CPP
Palmetto Creek of the Carolinas 3 of 3

Existing and Proposed
Deed Restrictions

Calculations

Non-Discharge Pond #1 Routing
Hydraflow Hydragraphs by InteliSOLVE

Non-Discharge Pond #1
1
Drainage Area=43.04 acres �``,� - `t n'' �' QJ�a
S 5 0 + �(
Runoff Coefficient: 13.39 ac @ 0.95 (Impervious) A
,N�
29.65 ac @ 0.20 (Pervious) /At 2
SA
Composite Coefficient: 0.43 Z`• Cl`
Pond Storage
See attached Hydraflow report:
25-yr event raises water elevation from normal 27.25 to 28.27
Riser Discharge
See attached Hydraflow report:
Pond model was run with water level at top of riser 28.5. Model shows 100-yr
storm passing through riser at an elevation of 29.29 without overtopping.

Hydrograph Summary Report
Hyd. Hydrograph Peak Time Time to Volume Inflow Maximum Maximum Hydrograph
No. type flow interval peak hyd(s) elevation storage description
(origin) (cfs) (min) (min) (cuft) (ft) (cuft)
1 Mod.Rational 91.06 1 10 163,900 --- •---- Non-Discharge
3 Reservoir 0.00 1 0 0 1 28.27 213,837 storm thru pond
Non-Discharge Pond-1-rev.gpw Return Period: 25 Year Friday, Jul 30 2010, 12:17 PM

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Pond Report
Hydraflow Hydrographs by Intelisolve Friday,Jul 30 2010, 12:26 PM
Pond No. 1 - SW Pond
Pond Data
Pond storage is based on known contour areas. Average end area method used.
Stage/Storage Table
Stage(ft) Elevation(ft) Contour area(sqft) Incr.Storage(cuft) Total storage(cuft)
0.00 27.00 162,776 0 0
1.00 28.00 170,138 166,457 166,457
2.00 29.00 177,564 173,851 340,308
3.00 30.00 232,292 204,928 545,236
•
Culvert/Orifice Structures Weir Structures
[A] [B] [C] [D] [A] [B] [C] [D]
Rise(in) = 30.00 0.00 0.00 0.00 Crest Len(ft) = 15.00 0.00 0.00 0.00
Span(in) = 30.00 0.00 0.00 0.00 Crest El.(ft) = 28.50 0.00 0.00 0.00
No.Barrels = 1 0 0 0 Weir Coeff. = 3.33 0.00 0.00 0.00
Invert El.(ft) = 24.40 0.00 0.00 0.00 Weir Type = Riser ---
Length(ft) 40.00 0.00 0.00 0.00 Multi-Stage = Yes No No No
Slope(%) 1.00 0.00 0.00 0.00
N-Value - .013 .013 .000 .000
Orif.Coeff. = 0.60 0.60 0.00 0.00
Multi-Stage n/a Yes No No Exfiltration= 0.000 in/hr(Contour) Tailwater Elev.= 0.00 ft
Note:Culvert/Orifice outflows have been analyzed under inlet and outlet control.
Stage(ft) Stage/Discharge Stage(ft)
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Total Q Discharge(cfs)

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Water Quality Swale Design

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Sample Calculations (Swale 1)
Columns correspond to attached spreadsheet.
C (YL oluFnn "2"
C=Runoff Coefficient (0.2 *Pervious Area + 0.95 *Impervious Area)/Total Area
= (0.2 *1.51 ac + 0.95 * 1.02ac)/2.53ac = 0.50
The Flowrate was calculated using the following Intensity equation:
IIo (Column "4'_) (Brunswick County IDF)
ho Rainfall intensity (in/hr) = 121.796
= 6.65 in/hr
(Tc +23.5)o.aas fib 2' �,1�,
.S rr ;n ry
Tc ( :olionn "3") = Time of concentration (min) 8 min. tin k ��
Estimated with Kirpich equation �S7
Q �
Q =Flowrate (cfs) = C (Colurnii "2') *I(Colu.:t l "4'•) *A (Column `1")
= 0.50 *6.65in/hr *2.53 ac =8.45 cfs
The Depth offlow was calculated by reworking the following equations:
Depth (Column "9")
Depth al) =y
Use Mannings equation to solve for y:
velkAg-)
Q . =8.45cfs <
C '
n Mannings roughness coefficient = 0.030 (dense grass)
A Cross sectional area offlow (sj) (Bottom width *Depth) + (Side
Slope ratio *Depth2) = 5y2

R Hydraulic Radius al) = —
A
P
P = Wetted perimeter (ft) =Bottom Width + 2 *Depth *
111+SideSlopeRatio 2 = 2y*111+52
S Longitudinal Slope (ft/ft) (coiurini '8') = 0.012
L (Column "6.) Length of run (ft) — 130ft
H "7') =Elevation Change (ft) = 1.5 ft
Reformulate Mannings equation:
y - 0.78ft
The Velocity was calculated using the following equation:
Velocity ( '.rrlu "19') C2lGU �(412- Gvl
1^
fJ�
V= Velocity (fps) V= Q = 2.80 fps

Lewis,Linda
From: Jeff Petroff[[e-mail]]
Sent: Monday, May 24, 2010 10:46 AM
To: Lewis,Linda
Subject: RE: Palmetto Creek of the Caroinas, SW8 050239
Hi Linda,
I'm completely forgot to let you know by the requested date of 5/21/10 how we are going to proceed. We've received
direction from the client to proceed with submitting the modification,so we are working on that now. We should have
everything pulled together for the modification by the end of next week(6/4/10).
Thanks and have a good day,
Jeff Petroff, P.E.
Coastal Land Design, PLLC
[phone] x 1002
www.CoastalLandDesian.net
From: Lewis,Linda [mailto:[e-mail]]
Sent:Thursday, May 13, 2010 11:48 AM
To: Jeff Petroff
Cc: Sullins, Coleen; Matthews, Matt; Johnson, Kelly; Scott, Georgette
Subject: RE: Palmetto Creek of the Caroinas, SW8 050239
Jeff:
I went over the application documents you submitted for this permit transfer request. The documents indicate
that the changes and additions to the built-upon area per lot were made and recorded in January of 2007. This
is in violation of the existing stormwater permit because there was no request in house for either a plan
revision or a permit modification to address these changes and no modification or plan revision was approved
for these changes.
At least 18 of the lots were increased to a maximum of 6,500 square feet of BUA, whereas the permit only had
a maximum of 6,000 square feet. Furthermore, the lot numbering in the permit is just a straightforward 1-341,
whereas the recorded documents show maximum lot BUA assigned by Section number and lot number within
that section. It is impossible to determine which lot BUA's were increased or to match up the recorded lot
numbers with the permitted lot numbers.
At this time, given the violation, and the lot numbering changes, a permit modification is warranted. Please
submit a complete permit modification application and fee.
Additionally, please note that we cannot accept a request to transfer a permit to an HOA/POA where the
current permittee/developer also signs off as the proposed permittee on behalf of the HOA. Here are the
requirements for transferring a permit:
1. A minimum of 50% of the total number of lots must be sold such that the permittee no longer holds a
majority vote in the HOA. There is a possibility of providing a secured bond with the HOA as the
beneficiary should you desire to transfer the permit before 50% of the lots are sold.
2. The president of the HOA must be a resident of the subdivision, duly elected or appointed, and not
affiliated with the permittee in any capacity, business or personal, i.e., no family members, business
associates or close personal friends.
i

3. The project must be in compliance with the permit. The Designer's Certifications for the BMP's
approved under the permit must be submitted; the BMP's must be inspected by DWQ and determined
to be in compliance with the permit; and appropriate deed restrictions must be recorded and submitted.
Mr. Exum will need to bring the permit into compliance first by submitting the modification. Once the permit
modification is approved, Mr. Exum can consider submitting a permit transfer request at the time that all of the
conditions above can be met.
Please let me know how you would like to proceed by Friday, May 21, 2010.
Thank you,
Linda
Please note my new email address is [e-mail]
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Jeff Petroff[mailto:[e-mail]]
Sent: Wednesday, May 12, 2010 4:46 PM
To: Johnson, Kelly; Lewis,Linda
Cc: Sullins, Coleen
Subject: FW: Palmetto Creek of the Caroinas, SW8 050239
Hi Kelly and Linda,
Thanks for getting back to me so quickly. However I'm baffled by your decision. While I understand your agencies'
mission is to protect surface and ground waters, I do not believe either is compromised by a simple reduction in the
number of lots in a development. As you pointed out, historically DWQ staff have been fair to deal with and understand
the variables in construction (a swale moves a lotline over to better match field conditions, or a lot cannot be built and is
excluded,etc.). I've been told by many DWQ staff that minor changes that meet the intent and are within substantial
compliance of a permit should simply be noted on the as-built certification.
The question I keep asking myself is"what is the purpose of this modification?". We have a great looking development
that was permitted and built. Roads, project area, stormwater ponds and impervious allocations are per plan. Actually,
due to the slight lot reduction,the permitted impervious area is 2,371,760 sf and the recorded deed restrictions list an
impervious allocation of 2,368,780 sf-a reduction in 2,980 sf or 0.1%. With our submittal,you have as-built drawings
that accurately represent the construction. Again,what purpose does it serve to require our client to bear the costs to
modify the permit?
Please understand where we are coming from,we have a client that has done everything right on this project—except
going from 341 lots to 336 lots. We have given you all the updated plans and paperwork necessary for a transfer of
ownership. We do not feel a modification is warranted in this case and ask you to again reconsider.
Thank you,
Jeff Petroff, P.E.
2

Coastal Land Design, PLLC
[phone] x 1002
www.CoastalLandDesion.net
From: Johnson, Kelly[mailto:[e-mail]]
Sent: Wednesday, May 12, 2010 2:14 PM
To: Jeff Petroff
Cc. Lewis,Linda
Subject: Palmetto Creek of the Caroinas, SW8 050239
Jeff,
I discussed the lot reduction issue with Linda, and she confirmed that there had been a time where the Division
processed lot reductions as plan revisions as opposed to permit modifications. However,the current policy is that if
there is a change to the permit text then a permit modification is warranted. We also do not transfer permits that are
out of compliance, and since the number of lots does not match the permitted plans that creates a problem for
transferring in this case. The attached letter will be mailed today.
KJ
*** My email has changed to kellv.p.iohnsonPncdenr.gov
KeL( oIileSOV'•
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Office: 910.796.7345
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
3

Johnson, Kelly
From: Jeff Petroff[[e-mail]]
Sent: Thursday, May 13, 2010 3:42 PM
To: Lewis,Linda
Cc: Sullins, Coleen; Matthews, Matt; Johnson, Kelly; Scott, Georgette
Subject: RE: Palmetto Creek of the Caroinas, SW8 050239
Hi Linda,
Thanks for the quick response. I appreciate the HOA information, I'll pass that along to our client and his attorney who
prepared those documents. Please understand we are just trying to keep costs down for our client and the additional
information you provided will help us to better explain to him why he's having to modify his permit. After he's had a
chance to review this information we'll meet and I'll let you know how he would like to proceed. We'll also figure out a
better way to illustrate the lot numbering—originally we had no way of knowing the order the lots were going to be
recorded,that was why we supplied the recorded plats to act as a guide to the allocations.
Thanks again for your help and I'll be talking to you soon,
Jeff Petroff, P.E.
Coastal Land Design, PLLC
[phone] x 1002
www.CoastalLandDesion.net
From: Lewis,Linda [mailto:[e-mail]]
Sent: Thursday, May 13, 2010 11:48 AM
To: Jeff Petroff
Cc: Sullins, Coleen; Matthews, Matt; Johnson, Kelly; Scott, Georgette
Subject: RE: Palmetto Creek of the Caroinas, SW8 050239
Jeff:
I went over the application documents you submitted for this permit transfer request. The documents indicate
that the changes and additions to the built-upon area per lot were made and recorded in January of 2007. This
is in violation of the existing stormwater permit because there was no request in house for either a plan
revision or a permit modification to address these changes and no modification or plan revision was approved
for these changes.
At least 18 of the lots were increased to a maximum of 6,500 square feet of BUA, whereas the permit only had
a maximum of 6,000 square feet. Furthermore, the lot numbering in the permit is just a straightforward 1-341,
whereas the recorded documents show maximum lot BUA assigned by Section number and lot number within
that section. It is impossible to determine which lot BUA's were increased or to match up the recorded lot
numbers with the permitted lot numbers.
At this time, given the violation, and the lot numbering changes, a permit modification is warranted. Please
submit a complete permit modification application and fee.
Additionally, please note that we cannot accept a request to transfer a permit to an HOA/POA where the
current permittee/developer also signs off as the proposed permittee on behalf of the HOA. Here are the
requirements for transferring a permit:
1. A minimum of 50% of the total number of lots must be sold such that the permittee no longer holds a
majority vote in the HOA. There is a possibility of providing a secured bond with the HOA as the
beneficiary should you desire to transfer the permit before 50% of the lots are sold.
i

2. The president of the HOA must be a resident of the subdivision, duly elected or appointed, and not
affiliated with the permittee in any capacity, business or personal, i.e., no family members, business
associates or close personal friends.
3. The project must be in compliance with the permit. The Designer's Certifications for the BMP's
approved under the permit must be submitted; the BMP's must be inspected by DWQ and determined
to be in compliance with the permit; and appropriate deed restrictions must be recorded and submitted.
Mr. Exum will need to bring the permit into compliance first by submitting the modification. Once the permit
modification is approved, Mr. Exum can consider submitting a permit transfer request at the time that all of the
conditions above can be met.
Please let me know how you would like to proceed by Friday, May 21, 2010.
Thank you,
Linda
Please note my new email address is [e-mail]
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Jeff Petroff[mailto:[e-mail]]
Sent: Wednesday, May 12, 2010 4:46 PM
To: Johnson, Kelly; Lewis,Linda
Cc: Sullins, Coleen
Subject: RN: Palmetto Creek of the Caroinas, SW8 050239
Hi Kelly and Linda,
Thanks for getting back to me so quickly. However I'm baffled by your decision. While I understand your agencies'
mission is to protect surface and ground waters, I do not believe either is compromised by a simple reduction in the
number of lots in a development. As you pointed out, historically DWQ staff have been fair to deal with and understand
the variables in construction (a swale moves a lotline over to better match field conditions,or a lot cannot be built and is
excluded,etc.). I've been told by many DWQ staff that minor changes that meet the intent and are within substantial
compliance of a permit should simply be noted on the as-built certification.
The question I keep asking myself is"what is the purpose of this modification?". We have a great looking development
that was permitted and built. Roads, project area,stormwater ponds and impervious allocations are per plan. Actually,
due to the slight lot reduction,the permitted impervious area is 2,371,760 sf and the recorded deed restrictions list an
impervious allocation of 2,368,780 sf-a reduction in 2,980 sf or 0.1%. With our submittal,you have as-built drawings
that accurately represent the construction. Again,what purpose does it serve to require our client to bear the costs to
modify the permit?
Please understand where we are coming from,we have a client that has done everything right on this project—except
going from 341 lots to 336 lots. We have given you all the updated plans and paperwork necessary for a transfer of
ownership. We do not feel a modification is warranted in this case and ask you to again reconsider.
2

Thank you,
Jeff Petroff, P.E.
Coastal Land Design, PLLC
[phone] x 1002
www.CoastalLandDesian.net
From: Johnson, Kelly[mailto:[e-mail]]
Sent: Wednesday, May 12, 2010 2:14 PM
To: Jeff Petroff
Cc: Lewis,Linda
Subject: Palmetto Creek of the Caroinas, SW8 050239
Jeff,
I discussed the lot reduction issue with Linda,and she confirmed that there had been a time where the Division
processed lot reductions as plan revisions as opposed to permit modifications. However,the current policy is that if
there is a change to the permit text then a permit modification is warranted. We also do not transfer permits that are
out of compliance,and since the number of lots does not match the permitted plans that creates a problem for
transferring in this case. The attached letter will be mailed today.
KJ
*** My email has changed to kellv.p.iohnsonCWncdenr.eov
K.eL4jJok V sol
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7345
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
3

Lewis,Linda
From: Lewis,Linda
Sent: Thursday, May 13, 2010 11:48 AM
To: 'Jeff Petroff
Cc: Sullins, Coleen; Matthews, Matt; Johnson, Kelly; Scott, Georgette
Subject: RE: Palmetto Creek of the Caroinas, SW8 050239
Jeff:
I went over the application documents you submitted for this permit transfer request. The documents indicate
that the changes and additions to the built-upon area per lot were made and recorded in January of 2007. This
is in violation of the existing stormwater permit because there was no request in house for either a plan
revision or a permit modification to address these changes and no modification or plan revision was approved
for these changes.
At least 18 of the lots were increased to a maximum of 6,500 square feet of BUA, whereas the permit only had
a maximum of 6,000 square feet. Furthermore, the lot numbering in the permit is just a straightforward 1-341,
whereas the recorded documents show maximum lot BUA assigned by Section number and lot number within
that section. It is impossible to determine which lot BUA's were increased or to match up the recorded lot
numbers with the permitted lot numbers.
At this time, given the violation, and the lot numbering changes, a permit modification is warranted. Please
submit a complete permit modification application and fee.
Additionally, please note that we cannot accept a request to transfer a permit to an HOA/POA where the
current permittee/developer also signs off as the proposed permittee on behalf of the HOA. Here are the
requirements for transferring a permit:
1. A minimum of 50% of the total number of lots must be sold such that the permittee no longer holds a
majority vote in the HOA. There is a possibility of providing a secured bond with the HOA as the
beneficiary should you desire to transfer the permit before 50% of the lots are sold.
2. The president of the HOA must be a resident of the subdivision, duly elected or appointed, and not
affiliated with the permittee in any capacity, business or personal, i.e., no family members, business
associates or close personal friends.
3. The project must be in compliance with the permit. The Designer's Certifications for the BMP's
approved under the permit must be submitted; the BMP's must be inspected by DWQ and determined
to be in compliance with the permit; and appropriate deed restrictions must be recorded and submitted.
Mr. Exum will need to bring the permit into compliance first by submitting the modification. Once the permit
modification is approved, Mr. Exum can consider submitting a permit transfer request at the time that all of the
conditions above can be met.
Please let me know how you would like to proceed by Friday, May 21, 2010.
Thank you,
Linda
Please note my new email address is [e-mail]
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
1

910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Jeff Petroff[mailto:[e-mail]]
Sent: Wednesday, May 12, 2010 4:46 PM
To: Johnson, Kelly; Lewis,Linda
Cc: Sullins, Coleen
Subject: FW: Palmetto Creek of the Caroinas, SW8 050239
Hi Kelly and Linda,
Thanks for getting back to me so quickly. However I'm baffled by your decision. While I understand your agencies'
mission is to protect surface and ground waters, I do not believe either is compromised by a simple reduction in the
number of lots in a development. As you pointed out, historically DWQ staff have been fair to deal with and understand
the variables in construction (a swale moves a lotline over to better match field conditions,or a lot cannot be built and is
excluded,etc.). I've been told by many DWQ staff that minor changes that meet the intent and are within substantial
compliance of a permit should simply be noted on the as-built certification.
The question I keep asking myself is"what is the purpose of this modification?". We have a great looking development
that was permitted and built. Roads, project area,stormwater ponds and impervious allocations are per plan. Actually,
due to the slight lot reduction,the permitted impervious area is 2,371,760 sf and the recorded deed restrictions list an
impervious allocation of 2,368,780 sf-a reduction in 2,980 sf or 0.1%. With our submittal,you have as-built drawings
that accurately represent the construction. Again, what purpose does it serve to require our client to bear the costs to
modify the permit?
Please understand where we are coming from,we have a client that has done everything right on this project—except
going from 341 lots to 336 lots. We have given you all the updated plans and paperwork necessary for a transfer of
ownership. We do not feel a modification is warranted in this case and ask you to again reconsider.
Thank you,
Jeff Petroff, P.E.
Coastal Land Design, PLLC
[phone] x 1002
www.CoastalLandDesian.net
From: Johnson, Kelly [mailto:[e-mail]]
Sent: Wednesday, May 12, 2010 2:14 PM
To: Jeff Petroff
Cc: Lewis,Linda
Subject: Palmetto Creek of the Caroinas, SW8 050239
Jeff,
I discussed the lot reduction issue with Linda,and she confirmed that there had been a time where the Division
processed lot reductions as plan revisions as opposed to permit modifications. However,the current policy is that if
there is a change to the permit text then a permit modification is warranted. We also do not transfer permits that are
out of compliance,and since the number of lots does not match the permitted plans that creates a problem for
transferring in this case. The attached letter will be mailed today.
KJ
2

*** My email has changed to kellv.D.iohnson(cancdenr.eov
KeL ujolivlsoK,
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7345
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
•

Lewis,iinda
From: Lewis,Linda
Sent: Thursday, May 13, 2010 8:16 AM
To: Johnson, Kelly; Scott, Georgette
Subject: FW: Palmetto Creek of the Caroinas, SW8 050239
Just a side note here about the requested transfer. I notice that the transfer form was signed by Robert Exum
as BOTH the current permittee, president of XDV, LLC and as the proposed permittee, president of Palmetto
Creek POA, Inc.. Please remember that we do NOT process transfers of ownership where the current
permittee signs on behalf of the the HOA. This in and of itself is reason enough not to accept the transfer.
I will respond to Jeff as best I can regarding the need for a permit modification, and I will also explain our
requirements for transferring permits. I would really like for all of us to be on the same page when it comes to
handling low density with a lot reduction. It seems like every case has some nuance that makes it different and
requires a decision.
Linda
Please note my new email address is [e-mail]
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Jeff Petroff[mailto:[e-mail]]
Sent: Wednesday, May 12, 2010 4:46 PM
To: Johnson, Kelly; Lewis,Linda
Cc: Sullins, Coleen
Subject: FW: Palmetto Creek of the Caroinas, SW8 050239
Hi Kelly and Linda,
Thanks for getting back to me so quickly. However I'm baffled by your decision. While I understand your agencies'
mission is to protect surface and ground waters, I do not believe either is compromised by a simple reduction in the
number of lots in a development. As you pointed out, historically DWQ staff have been fair to deal with and understand
the variables in construction (a swale moves a lotline over to better match field conditions,or a lot cannot be built and is
excluded,etc.). I've been told by many DWQ staff that minor changes that meet the intent and are within substantial
compliance of a permit should simply be noted on the as-built certification.
The question I keep asking myself is"what is the purpose of this modification?". We have a great looking development
that was permitted and built. Roads, project area, stormwater ponds and impervious allocations are per plan. Actually,
due to the slight lot reduction,the permitted impervious area is 2,371,760 sf and the recorded deed restrictions list an
impervious allocation of 2,368,780 sf-a reduction in 2,980 sf or 0.1%. With our submittal,you have as-built drawings
that accurately represent the construction. Again,what purpose does it serve to require our client to bear the costs to
modify the permit?
•

Please understand where we are coming from,we have a client that has done everything right on this project—except
going from 341 lots to 336 lots. We have given you all the updated plans and paperwork necessary for a transfer of
ownership. We do not feel a modification is warranted in this case and ask you to again reconsider.
Thank you,
Jeff Petroff, P.E.
Coastal Land Design, PLLC
[phone] x 1002
www.CoastalLandDesion.net
From: Johnson, Kelly [mailto:[e-mail]]
Sent: Wednesday, May 12, 2010 2:14 PM
To: Jeff Petroff
Cc: Lewis,Linda
Subject: Palmetto Creek of the Caroinas, SW8 050239
Jeff,
I discussed the lot reduction issue with Linda,and she confirmed that there had been a time where the Division
processed lot reductions as plan revisions as opposed to permit modifications. However,the current policy is that if
there is a change to the permit text then a permit modification is warranted. We also do not transfer permits that are
out of compliance, and since the number of lots does not match the permitted plans that creates a problem for
transferring in this case. The attached letter will be mailed today.
KJ
*** My email has changed to [e-mail]
Ktild johnsoo,
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Office: 910.796.7345
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
2

Coastal Land Design, PLLC
Civil Engineering/Landscape Architecture
Land Planning/Construction Management
L •
(I\o
NCDENR - Division of Water Quality
127 Cardinal Drive Ext. May 10, 2010
Wilmington, NC 28405
Attn: David Cox
Re: Ownership Transfer and Stormwater Certification for
SW8 050239- Palmetto Creek of the Carolinas
Dear Mr. Cox:
Please find the attached ownership transfer and stormwater certification documents for Palmetto
Creek of the Carolinas, SW8 050239 issued on June 7, 2005. Final construction was within
substantial compliance and intent of the approved plans and specifications. The updated plans,
stormdrain schedule and impervious allocation table are attached. Impervious allocations are
unchanged from the permitted plans; however the number of lots has been reduced by 5 with
some of that allocation going to other lots as shown on the attached table. Recorded deed
restrictions and plats that correspond to the updated plans and table are also attached.
Please let me know if you have any questions or comments.
Sincerely,
Jeffrey B. Petroff, P.E.
Coastal Land Design, PLLC
RECEIVED
MAY 11 2010
BY:
P.O.Box 1172 Wilmington,NC 28402 P0one:910 54-9333 Fax:[phone]

Johnson, Kelly
From: Johnson, Kelly
Sent: Wednesday, May 12, 2010 2:13 PM
To: 'Jeff Petroff
Cc: Lewis,Linda
Subject: Palmetto Creek of the Caroinas, SW8 050239
Attachments: 050239.pdf
Jeff,
I discussed the lot reduction issue with Linda,and she confirmed that there had been a time where the Division
processed lot reductions as plan revisions as opposed to permit modifications. However,the current policy is that if
there is a change to the permit text then a permit modification is warranted. We also do not transfer permits that are
out of compliance,and since the number of lots does not match the permitted plans that creates a problem for
transferring in this case. The attached letter will be mailed today.
KJ
*** My email has changed to [e-mail]
Katt.)o 1.01 .
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Office: 910.796.7345
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
1

E
i7�
�� 01-30-2007
�,`"6'�"��; G 11111101111111111111. B2546 P0243 14:17:68.003
y\WlCi(Ct \I i J� Robert J. Robinson
n i q Bru ck County, NC Register of Deeds page 1 of 1
0 A haadon y !min nd In % rnT v e
f i,`;r � / '-,:. 14 REV TCli 3
4 . * A` r... ?` _+:t CK AMT i y CK;:.-5213
`1h' 5 .4'• �ti� /:* .. H REF BY_1?-_—_ .
D
-1121146
SUPPLEMENTAL DECLARATION
TO MASTER DECLARATION OF PROTECTIVE COVENANTS
FOR PALMETTO CRE ANNEXING ADDITIONAL PROPERTY
1-`
STATE OF NORTH CAROLINA �ti`s
COUNTY OF BRUNSWICK �� �Q� '
XDV, INC., a North Carolina corporate. `'-.,erein "DECLARANT"), heretofore executed the
Master Declaration of Protective Covenants for Palmetto Creek, and caused the same to be recorded in
Book 2324, Page 1195, et seq. in the Brunswick County Registry(herein the"Protective Covenants");
and
WHEREAS, in accordance with Section 8.1 a of the Protective Covenants,the DECLARANT
has the right to amend the Protective C ants for the purpose of annexing additional property into the
Properties;and
Rfknif
far fire.
WHEREAS, DEC • ' •'\�desires f'• nex into the .s-, es the real property described
herein and subject such real prop- to the lien of rotective Covenants.
NOW,THEREFORE,the DECLARANT does hereby amend the Protective Covenants to annex
all of the following real property into the Properties and thereby subject such real property to the lien of
the Protective Covenants:
BEING ALL of Lots 1 throng ,Palmetto Creek of the Carolinas Section Three,
as shown on that map record-,;n Map Cab- Pages 112 - 113 of the Brunswick
County Registry, referenc `. whimap is' iJe for a more particular
description. Jc' Do
Except as amended herein,the resaid Protec -ve Covenants shall be and remain in full force
and effect. This the a?q day of 2007.
XDV,INC.
•.
�
RobetxQ� sident
NORTH AROLINA -
4, ,f�, � dpo C
/1/e&) / /JMMb COUNTY J `'".
I, rn NZy' g+°lC° a Notary Public of the State and County
aforesaid,certify that Robert C.G.Exum personally came before me this day and acknowledged that he is
President of XDV,Inc.,a North Carolina corporation,and that by authority duly given and as the act of
the corporation,the foregoing instrument w. signed in its name by its President.
ti
WITNESS my hand and offici..i eat this dau. 2007.
�c' �1
p,,n 4r.1 otaryP tic. •
My commission expires: \����� Nt�/�P Name: (/f et r/ 11. ";
_s es. 4,.....-Pr% C:.0 0
I; 1 flea
65182v4
Prepared by: Murchison,Taylor&Gibson,PLLC
16 North Fifth Avenue,Wilmington,NC 28401

ti
n
u
�W1Cit C74'14 Brunswick County--Register of Deeds
,I'LtI rN
v� 11 Robert J. Robinson
I Fti I- +
big In + '; � ledlo �y Inst 11313321 Book 2324Page 1195
tot A Wagon '-; , addle ,a 01/31/2006 02:53:20pm Recli c •l d
PA
0
MASTER DECLARATION OF PROTECTIVE COVENANTS
FO 'ALMETTO CREEK
����� VidtrifQ
Prepared by: Murchison,Taylor&Gibson,P
16 North Fifth Avenue,Wilmington,NC 28401
NORTH CAROLINA
BRUNSWICK COUNTY \``°
SE 0�'C�'GS(t
THIS MAS DEC ,SN OF PRCTIVE COVENANTS FOR
PALMETTO CREEK(these"Protective Covenant")is made this 3001 day of January,2006,by
XDV,INC.,a North Carolina corporation("DECLARANT").
DECLARANT is the owner of the real property described in Exhibit A, which is
attached hereto and incorporated by ref ce. These Protective Covenants impose restrictions upon
the Properties (as defined in ARTI 1) under a general scheme of development for the mutual
benefit of the owners of each porti f the Propel
DEC ereby declare t all of the p �rty described in Exhibit A and
any additional property subjected to these Protective Covenants by Supplemental Declaration shall
be held,sold,used and conveyed subject to the North Carolina Planned Community Act and to the
following easements,restrictions,covenants,and conditions,which shall run with the real property
subjected to these Protective Covenants. These Protective Covenants shall be binding on and shall
inure to the benefit of all parties hay,',g any right, title or interest in the Properties or any part
thereof,their heirs,successors,and.{ S.
CLEI --'w1-4iU
DE'`:>.:&I IONS
The terms used in these Protective Covenants shall generally be given their natural,
commonly accepted definitions except as otherwise specified. Capitalized terms shall be defined as
set forth below.
1.1 "ARC": the Archite% al Review Committee,as described in ARTICLE 10 herein.
1.2 "Articles of I -r. .oration "Articles": IfirOttles of Incorporation of Palmetto
Creek POA,Inc., as filed with the North Caro Secretary of State,and as may be amended from
time to time.
1.3 "Association": Palmetto Creek POA, Inc., a North Carolina nonprofit corporation,
its successors and assigns formed or to be formed by the DECLARANT as a property owners
association for Owners (as defined g Section 1.22), all of whom shall be members of the
Association. �
� 1
1.4 "Board of Dire=irs" or" d": whether ' fled of one or more directors, the
board governing the Association and managing affairs of the Association.
RET tn'rc
`IITOTAL y.REV TC#_—
REC# CK
62077.4 CASH_ REF EY

Inst:WY' 21 Book 2324Page: 1196
1.5 "Business" and/or "Trade": shall be construed to have their ordinary, generally
accepted meanings and shall include,without limitation,any occupation,work or activity undertaken
on an ongoing basis which involves the provision of goods or services to persons other than the
provider's family and for which the .rovider receives a fee, compensation, or other form of
consideration. 4�G
1.6 "By-Laws": theLaws wF'almetto C" m]i6. c.,as they may be modified or
amended from time to time. The initial By- : fare attached hereto as Exhibit B and incorporated
herein by reference.
1.7 "Class"B"Control Period": the period of time during which the Class"B"Member
is entitled to appoint a majority of the members of the Board of Directors as provided in Section 3.3.
1.8 "Common Area":��•1 real and `"/n`.�e. •• ••erty which the Association owns or
leases for the common use an• `joyme the Memo- , ing,however, any Recreational
Trails (as defined in Section'28 herein) w ECLARANT or the Association may maintain
within the Properties from time to time.
1.9 "Common Expenses": the actual and estimated expenses incurred or anticipated to
be incurred by the Association for the general benefit of all Units,including any reasonable reserve
and actual and estimated expenses c'f maintaining and operating the Common Areas, any
Recreational Trails,conservation an ffer areas and landscaped areas within road right of ways,as
the Board may find necessary an . .propriate p l r�'r �t •� se Protective Covenants the By-Laws,
and the Articles of Incorporatio Acludin following: ,J
(a) All sums lawfully assessed by the Association against its members;
(b) Expenses of administration, maintenance, repair or replacement of the
Common Areas,the Recreational Trails,and the stormwater system;
(c) Expenses d- :red to be„j o,mmon Expenses by the provisions of these
Protective Covenants or 1, :y-La,-;
(d) Expenses agreed by t ` ;members to be Common Expenses of the
Association;and/or
(e) Any ad valorem taxes and public assessments levied against the Common
Area.
Common Expenses shall not inclu ny expense. 't urred during the Class"B"Control Period for
initial development, original •nstru 'on, inry` I -j(f infrastructure, original capital
improvements,or other origi•a`onstructio" is unless appro� y Voting Members representing
a majority of the total Class"A"vote of the Asso''r.tion.
1.10 "Community-Wide Standard": the standard of conduct, maintenance, or other
activity generally prevailing throughout the Residential Community. Such standard may be more
specifically determined by the Board of Directors and the ARC.
1.11 "DECLARANT": -IV, Inc., ae...AA Carolina corporation, together with such
successors or assigns of DECL �? w . should" than one undeveloped Unit from
the DECLARANT for the p of develo t and who are s fically granted DECLARANT's
rights hereunder.
1.12 "Design Guidelines": the architectural design guidelines and procedures set forth in
ARTICLE 10 or adopted by the ARC pursuant to ARTICLE 10 and applicable to all Units within the
Properties.
1.13 "Future Develo me roe ": roerty within a one(1)mile radius of the
real property described on Exbi to attar. • hereto-MI' mated herein by reference.
Gf� U
1.14 "Governing Documents": consi Y3 of the following, as they may be amended or
modified from time to time: the Protective Covenants, the Articles of Incorporation,the By-Laws,
62077.4 2

ti
, Ins �21 Book 2324Page: 1197
Y•
any Supplemental Declarations, the Design Guidelines, the Rules and Regulations, Board
resolutions,and recorded plats of the Property.
1.15 "Individual Assessment": assessments levied in accordance with Section 9.6 of these
Protective Covenants.
1L'h
1.16 "Limited Comm. > 'rea yortions o *9i31-4. Area which the Association or
DECLARANT has designate. designates 't.,,,. a common use P. enjoyment of one or more,but
less than all, of the Members (including, witho"limitation, Common Area intended to benefit a
particular Village or Villages).
1.17 "Master Association Assessment": assessments levied on all Units subject to
assessment under ARTICLE 9 to fund Common Expenses for the general benefit of all Units.
1.18 "Member": a Per••.` entitled ta5k,fOrgship in the Association, as provided in
Section 3.2. *� Vz%
1.19 "Mortgage": a mortgage,a deed"?trust,a deed to secure debt,or any other form of
security deed.
1.20 "Mortgagee": a beneficiary or holder of a Mortgage.
1.21 "Mortgagor": any Pei( who gives
❑/aa Mortgage.
1.22 "Owner":the r-�,4 Own- .�„,hether one . .,i;'i sons or entities,of a fee simple
title to any Unit which is a p2tt of the Prop'%; s, including contract sellers, but excluding those
having such interest merely as security for the per ormance of an obligation.
1.23 "Palmetto Creek": the development created or to be created on the Properties.
1.24 "Person": a natural�a"c on, a corporation, a partnership or limited partnership, a
limited liability company or partn, `yip,a trustee, for any other legal entity.
1.25 "Planned Comffiunity Act": t rth Carolina Planned Community Act(N.C.G.S.
§47F-1-101 et seq.),as same may be amended from time to time.
1.26 "Property" or"Properties": the real property described in Exhibit A,together with
such additions thereto(including, without limitation,portions of the Future Development Property)
as may hereafter be brought within the' risdiction of the Association by the filing of a Supplemental
Declaration.
1.27 "Protective Cov,"..nts": s'f� can this in Irc t Jas it may from time to time be
amended or supplemented.
1.28 "Recreational Trails": any scenic or recreational pathways and trails that may be
designated on the Properties from time to time by DECLARANT or the Association for the use and
benefit of the Owners in accordance with the terms and conditions of Section 11.5(u)herein. The
term"Recreational Corridor"shall ref to any area designated on a plat of the Properties recorded
by DECLARANT in which DEC.�£ • shalt have the right, in its discretion, to install a
Recreational Trail.
1.16
1.29 "Residential Community": the dential development created or to be created on
the Property.
1.30 "Rules and Regulations": the rules and regulations adopted by the Board governing
land use, individual conduct and uses or actions upon the Property, as they may be amended or
supplemented from time to time, ��nn
1.31 "Service Assess ': ass ssment i.. cordance with Section 9.13 of these
Protective Covenants. =�F, D,
. ;f
62077.4 3

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ELPTV
41 InselPirkt 321 Book 237.4PaGe: 1198
1.32 "Special Assessment": assessments levied in accordance with Section 9.5 of these
Protective Covenants.
1.33 "Supplemental Declaration": an amendment or supplement to these Protective
Covenants filed pursuant to ARTIC; 8 which subjects additional property to these Protective
Covenants and/or imposes, expre-:j or by retiee changes to or additional restrictions and
obligations on the land describe. :: ein.
FL
1.34 "Unit": a portion of the Propertie`'whether improved or unimproved,which may be
independently owned and conveyed and which is intended for development,use,and occupancy as
an attached or detached residence for a single family. The term shall refer to the land,if any,which
is part of the Unit as well as any improvements thereon. The term shall include, by way of
illustration but not limitation,condominium units,townhouse units,cluster homes,patio or zero lot
line homes, single-family detached 'o es on separately platted lots, and single family residential
lots. sx,
Co
Subject to the terms a ..conditions o'w. se Protective Cov nants,Units may be combined,
further subdivided, and/or recombined, and boun•'•ry lines of Units may be changed, only by the
recording of a plat or other legal instrument further subdividing or resubdividing the parcel of
property. In the absence of recording such a legal instrument, ownership of adjacent Units by the
same Owner shall not permit such Units to be treated as a single Unit for purposes of voting and
assessment,notwithstanding that such its may be improved with a single structure.
ti
1.35 "Village": two or :re Units whip interests other than those common to all
Units, as more particularly des •ed in ion 3.4. t' lustration and not limitation, a
n
condominium development, `wnhome dev"r, et, patio home development, cluster home
4.
development, or single-family detached housing development might each be designated by the
DECLARANT as separate Villages,or a Village may be comprised of more than one housing type
with other features in common.
Where the context permits or N;quires, the term "Village" shall also refer to the Village
Committee, if any, established in ;``'cordance with the By-Laws, or the Village Association
established to act on behalf of th?e wners of U.cR 9 ;;,-thee Village.la Village boundaries may be
A-
established and modified as pro din Se 3.4. ass fcp
1.36 "Village Assessments": assessments levied by the Association against the Units in
particular Village or Villages to fund Village Expenses as described in ARTICLE 9.
1.37 "Village Association": any condominium association or other owners association
having jurisdiction over any Village.
,
1.38 "Village Declare : a declat� idin compliance with the Planned
Community Act (or the North> rolina 'r, • 'nium Ac S. §47C-1-101 et seq.), as the
case may be) and Section 3.4' erein encumbe and restricting a Village within the Residential
Community.
1.39 "Village Expenses": the actual and estimated expenses incurred or anticipated to be
incurred by the Association for the benefit of the Owners and occupants of Units within a particular
Village or Villages,which may includ 7. reasonable reserve for capital repairs and replacements,as
the Board may specifically auths v% and as be authorized herein or in Supplemental
Declarations applicable to the Vi1.- s. �t1C
��.-
ARTICLE 2
PROPERTY RIGHTS
2.1 Every Owner shall have a right and nonexclusive easement of use, access, and
enjoyment in and to the Common ArVand for ingress and egress to and from the Common Area,
which shall be appurtenant to an' .ass with the�title to every Unit, subject to the following
provisions: ,e CIQ
(a) The Governing Documen
62077.4 4

" Inst r Book 2324Page: 1199
4
(b) Any restrictions or limitations contained in any deed conveying any portion
of the Common Area to the Association;
(c) The right of the Board to adopt rules regulating the use and enjoyment of the
Common Area and improvemti t thereon, including rules restricting use of the recreational
facilities within the Commgke rea to occ of Units and their guests and rules limiting
the number of guests who ay use.,e Comoro trjq e right of the Board to establish
penalties for any infrac s thereof; "�'� �U°
f,
(d) The right of the Board to suspend the voting rights and the right to use the
Common Areas and the recreational facilities within the Common Area by an Owner(i)for
any period during which any assessment(s) secured by a lien against such Owner's Unit
remains unpaid,and(ii)for a period not to exceed sixty(60)days for a single violation of the
Governing Documents(other ,..i'i a failure to pay any charges or liens due),and(iii)for any
period greater than sixty(6&s ays in the ,%r,;.v any continuing violation,of the Governing
Documents,after notice,ea hear ursuant i';,-ir Q s;
4
(e) The right of the Associati-o ,acting through the Board,to dedicate or transfer
all or any part of the Common Area pursuant to Section 4.7;
(f) The right of the Association,acting through the Board,to mortgage,pledge,
or hypothecate any or all of its al or personal property as security for money borrowed or
debts incurred, subject to the-= proval requirements set forth herein and the rights of such
Mortgagees in said prop--�i's shall bed I} 4 at�the rights of the Unit Owners
hereunder;and 4`� 44414,
rD
(g) Easements as provided in ARTICLE 12.
2.2 Any Owner may extend his or her right of use and enjoyment to the members of his
or her family,lessees,contract purchasers and social invitees,subject to reasonable Board regulation.
An Owner who leases his or her Unit s `,I be deemed to have assigned all such rights to the lessee of
such Unit for the duration of the \-'e and an such lessee shall abide by all the restrictions
contained herein. Any such leash u all not rely+4�ner of his liability for damage to the
Common Area caused by said l 7�`e. ���F. aDo
ARTICLE 3
ASSOCIATION FUNCTION,MEMBERSHIP AND VOTING RIGHTS
3.1 Function of Association. The Association shall be the entity responsible for
management,maintenance,ownershi a .eration and control of the Common Area owned or leased
by the Association within the Prop ,.`-s. The As ;,,j-Len shall be the primary entity responsible for
enforcement of these Protective rAenantwd such r : , s regulating use of the Common
Areas owned or leased by the ,tsociation ail use of the Prop�y as the Board may adopt. The
Association shall also be responsible for admu stering and enforcing the architectural design
guidelines and controls set forth in these Protective Covenants and in the Design Guidelines. The
Association shall perform its functions in accordance with the Governing Documents and applicable
North Carolina law.
3.2 Membership. Every t::'er shall be a Member of the Association. There shall be
only one membership per Unit. I ,--` nit is o F1%'sj`F�'t r- than one Person, all co-Owners shall
share the privileges of that mem,-'hip. '..-members . T -r tAn Owner which is a corporation,
partnership or other legal enti'' ay be exer :.•., by any officer, a rector,partner,or trustee,or by
any other individual designated from time to time By the Owner in a written instrument provided to
the Secretary of the Association,provided that only one person(and such person's immediate family
members with respect to membership rights other than voting) may be designated to act in such
capacity for such an Owner at any particular time.
3.3 Voting. The Associa(*shall have two classes of membership,Class"A"and Class
ti
C
(a) Class"-b'. Class"A" hers shall be all�wners of Units except the Class
"B"Member, if any. Class"A"Members shall have one vote for each Unit in which they
62077.4
5

tie 'AC.Vz /s
Inst it 3a 1 Book 2324Page: 1200
hold the interest required for membership under Section 3.2;there shall be only one vote per
Unit.
(b) Class "B". The sole Class `B" Member shall be the DECLARANT. The
rights of the Class `B" Me ° including the right to approve or withhold approval of
actions proposed under t1i; e Protecti& enants and the By-Laws, are specified
throughout the Governint ocum:h . The CTa� .bermay appoint the members of
the Board during the C s"B"Contra` y Sod,which perisT is further defined herein. After
termination of the Class`B"Control Pen'1,the members of the Board shall be selected as
provided in the By-Laws.
During the Class"B"Control Period,the Class`B"Member shall be entitled to three
(3)votes for each platted Unit • d three(3)votes for each planned but currently-unplatted
Unit in the Residential Co ity. The total number of planned Units in the Residential
Community is currently fob hundred andrlY),,- 80),although the actual number of Units
may be more or less, 't the `' 9F "B" M i fij -; no representation whatsoever
regarding the actual ntanber of Units '6„,e included in t e Residential Community. The
Class"B" Control Period shall terminate and the Class"B"membership shall cease and be
converted to Class "A" membership on the happening of one of the following events,
whichever occurs earliest:
(i) when th 'ECLARANT owns ten percent (10%)or less of the total
number of the planned Unit* the Residential Community, including any of the Future
Development Property wh'�s u ay be annettQ,as herein provided,
ftzea
(ii) 11n January 1,21''...r
(iii) when,in its discretion,DECLARANT so determines and declares in
an instrument recorded in the public land records.
(c) Exercise of Vo : Ri ts. In any situation in which a Member is entitled
personally to exercise the v.5 for his or her Unit and there is more than one Owner of a
particular Unit, the vote~such Unit r o f_-rcised as such Co-Owners determine
among themselves an. ;vise th cretary of�+ IrF.rKr,; iation in writing prior to any
meeting. Absent such)dvice, the Um ote shall be suspended if more than one Person
seeks to exercise it.
3.4 Villages and Village Associations. In order to allow a flexible mechanism for the
orderly development of the Residential Community, the DECLARANT may (but shall have no
obligation to) divide the Residential ommunity into distinct Villages to account for varying
standards, restrictions, uses and ntenance ties within the development. In the event
DECLARANT elects to form$e o more(7�Wirt-N.., ithin the Residential Community,
DECLARANT shall have the '_/,in its di1 yi 'on,to assign. it 47,allocate Limited Common Area
responsibility to such Village(s °'Ff
If a Village Association is to be formed,a Village Declaration shall be filed relative to such
property(which Village Declaration shall be subject in all respects to these Protective Covenants).
A Village Declaration may(but need not) subject Units within a particular Village to covenants in
addition to the covenants provided b ese Protective Covenants. If a Village is created, each
Owner of a Unit within such Villag�ti+'all becomeo. ember of the respective Village Association in
addition to being a Member of ..`Asso :.tion. TsttC�S ass "B" Control Period, no Village
Declaration shall be binding u = or applia:?,:, to any of the rties unless approved in writing
by DECLARANT. The Artie es of Incorporate and By-Laws of any Village Association shall
require the prior written approval of the DECLARANT.
DECLARANT shall also be entitled to initially assign any of the Properties to a specific
Village by name. In order to insure that all Villages in the Residential Community will be consistent
with the general or common scheme, development, the DECLARANT may unilaterally amend
these Protective Covenants, by Su emental Deskation, to designate and/or redesignate Village
fi boundaries;provided,however,4, (2)o. ore Vi lla be combined without the consent
of Owners of a majority of the ?its in the a' ,1 ed Villages.
62077.4 6

Ir/RQ
V% Inst g 3133'-9t�Book 2329Page: 1201
ARTICLE 4 .
RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
4.1 Common Area and Recreational Trails, The Association,subject to the rights of the
Owners set forth in these Protective tiPenants,shall manage and control the Common Area and all
improvements thereon(as defined sectiorA ;'n including,without limitation,roads,road
rights of way, recreation path a`es, de'... docks, olighting, irrigation, furnishings,
equipment,and common lane • .ed areas)a'° 1 as any Recrea' al Trails(if any)(provided that
the Association's obligation to maintain any Rem'''.tional Trails shall be limited as contemplated in
Section 5.1 herein). The Association shall keep such areas and improvements in good repair and in a
clean, attractive, and sanitary condition consistent with these Protective Covenants and the
Community-Wide Standard.
• 4.2 Personal Property a ,'•eal Property for Common Use. The Association may
acquire, hold, and dispose of 'ble and i ':v_• e personal property and real property.
DECLARANT may convey to ?-ssocia improve. Praitaffed real estate located within the
Residential Community,perso q= property and• sehold and other property interests. Such property
shall be accepted by the Association and there r shall be maintained as Common Area by the
Association at its expense for the benefit of its Members, subject to any restrictions set forth herein
and in the deed.
4.3 Rules and Regulations.,The Association, through its Board, may make, revoke,
amend and enforce reasonable rule-ti'overning the use of the Properties, in addition to further
defining or limiting, and, where •�cifically au;,nLC •ereunder, creating exceptions to, those
covenants and restrictions set f. ji in the otecfive o'T" C?:Educh rules shall be binding upon
all Owners,occupants,invitee;essees,guests licensees.
4.4 Enforcement. Subject to the requirements of the Planned Community Act, the
Association may impose sanctions for violations of any of the Governing Documents, including
reasonable monetary fines,suspension of the right to vote,and/or suspension of the right to use any
recreational facilities within the Com k.n Area and/or the Recreational Trails. In addition, the
Association may exercise self-help ti4 ure violations, and may suspend any services it provides to
the Unit of any Owner who is mot? .. 30 days di Vr�.`+ 'r aying any assessment or other charge
due to the Association. The B., may se elief in any tt J 'olations or to abate nuisances.
The Board may assess the re'onable monet nes authorized by this Section as an Individual
Assessment authorized by Section 9.6 of these Protective Covenants.
4.5 Implied Rights; Board Authority. The Association may exercise any other right or
privilege given to it expressly by these��protective Covenants,the By-Laws,the Planned Community
Act, or Chapter 55A of the No {earolina C,ieral Statutes, or reasonably implied from or
reasonably necessary to effectua,:1'.ny s ch righTIV C E y3 I e. Except as otherwise specifically
provided in these Protective C=``nants, -Laws, or � l'•L-s, all rights and powers of the
Association may be exercised y the Board wi a vote of the membership.
4.6 Indemnification. To the maximum extent allowed by North Carolina law, the
Association shall indemnify every officer, director, and committee member against all expenses,
including counsel fees, reasonably incurred in connection with any action, suit,or other proceeding
(including settlement of any suit or p %ceding,if approved by the Board incumbent at the time of
such settlement) to which he or s`F ay be pagy reason of being or having been an officer,
director or committee member. �� e Ass ciation N lE� gm,�mon Expense,maintain adequate
general liability and officers'rid directo iability ins1184M fund this obligation, if such
insurance is reasonably available.
4.7 Dedication of Common Areas. The Association may dedicate portions of the
Common Areas to any local,state,or federal governmental entity,public agency,authority,or utility
for such purposes and subject to such conditions as may be agreed to by the Association.
4.8 Security. The Ass%stion may, shall not be obligated to, maintain or support
certain activities within the Pro 'es d igned o •roperties safer than they otherwise
might be. NEITHER THE AS}'CIATIO R THE DEC M +. T(OR ANY SUCCESSOR TO
DECLARANT) SHALL IN • WAY BE IDERED INSURERS OR GUARANTORS OF
SECURITY WITHIN THE PROPERTIES. NOR SHALL ANY OF THEM BE HELD LIABLE
62077.4
7

h
�� 4nst 0 31.3 2'1 k 2324Page: 1202
FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE
SECURITY OR OF INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN. EACH
PERSON USING THE PROPERTIES ASSUMES ALL RISKS FOR LOSS OR DAMAGE TO
PERSONS, TO UNITS AND TO THE CONTENTS OF UNITS RESULTING FROM ACTS OF
THIRD PARTIES. tiro
�~ Zrt�CS'r
4.9 Powers of the •. ciatio elating to he Association shall have the
power to veto any action takes'r contempla to be taken by ar�°q Village Association which the
Board reasonably determines to be adverse to interests of the Association or its Members or
inconsistent with the Community-Wide Standard. The Association also shall have the power to
require specific action to be taken by any Village Association in connection with any of the Village
Association's obligations and responsibilities. Without limiting the generality of the foregoing,the
Association may(a)require specific m. tenance or repairs or aesthetic changes to be effectuated by
the Village Association, and (b) ree'F e that a proposed budget include certain items and that
specific expenditures be made, rv� (c) require*O a Association to ensure its members'
compliance with all Governing!.%``'ument .
Any action required by the Association in a written notice pursuant to the foregoing
paragraph to be taken by a Village Association shall be taken within the reasonable time frame set by
the Association in such written notice. If the Village Association fails to comply with the
requirements set forth in such written notice, the Association shall have the right to effect such
action on behalf of the Village Associa n.
To cover the Association' iministrativ-f'O r connection with the foregoing and to
discourage failure to comply w4t the req..-•eats of the Alt , on, the Association shall assess
the Units in such Village fortieir pro rata s' of any expenses incurred by the Association in
taking such action in the manner provided in Section 9.6. Such assessments may be collected as an
Individual Assessment hereunder and shall be subject to all lien rights provided for herein.
4.10 Management and Administration. The management and administration of the
Association Common Areas and • .;,nities shall be the sole right and responsibility of the
Association. The management shag—. carried o pit in accordance with the terms and conditions of
these Protective Covenants, the ; tcles, By-LaWtiiikliti* and Regulations, but they may be
delegated to a manager or a ma -ment se ' at)
4.11 Assignment to Association. DECLARANT shall be entitled to assign all water,
sewer, land use, stormwater system and utility permits, agreements and easements between
DECLARANT and any governmental agency or department or public or private utility company to
the Association, in which case the Association shall be required to assume same. After such an
assignment, the Association shall be =-ponsible for and assume all duties, obligations, and rights
and privileges of the DECLARAN i 'der such its, agreements and easements, including all
maintenance responsibility, even+ =tart o the w�- 1.1 • d use, stormwater system or utility
areas covered by the permits,a r ements an sements are ri t' ted within the Properties.
4.12 Common Area. The Common Area cannot be mortgaged,conveyed or encumbered
without the consent of eighty percent (80%) of the Unit Owners. During the Class "B" Control
Period, any such mortgage, conveyance or encumbrance shall also require the consent of
DECLARANT.
ART 11� 5
INT
5.1 Association's Responsibility. Association shall maintain and keep in good
repair the Common Area and, while they are owned or operated by DECLARANT or the
Association,the Recreational Trails. Such maintenance responsibility may include,but need not be
limited to:
(a) all Recreatio ti rails(if any)and all landscaping and other flora,parks,and
signage for the Residenti.:ti ommunity ed upon the Common Area; structures and
improvements situated uric .the t moo `rep' s creational Corridor(as specified on
an applicable recordeV.lat), inclu.`": any private and rights of way and islands
within their streets and cul-de-sacs;bicy ,and pedestrian pathways and trails situated upon
the Common Area or any Recreational Corridor; ponds, lakes, drainways, recreation
62077.4
8

174" +tst ll 31332 k 2324Page: 1.203
pathways within or upon the Common Area or the Recreational Trails;the main entrance to
Palmetto Creek from Highway 211 (including, without limitation, 500 foot approaches to
such main entrance plaza in both directions on or along Highway 211); the secondary
entrance to Palmetto Creek from Old Lennon Road(a/k/a Secondary Road 1504),including,
without limitation, 500 foot a oaches to such secondary entrance plaza in both directions
on or along Old Lennon • ?; the gateTjec ed at the main entrance and the secondary
entrance; and any other;eas dKa ated as ', Y s ,.Area, Limited Common Area, or
Recreational Trails by;, CL• ' • '`k a the Associatioirtkom time to time, excepting any
real or personal property for which a `' age Association or some entity other than the
Association has expressly assumed responsibility;
(b) all pools,tennis courts,clubhouses and other amenities constituting a portion
of the Common Area, excepting any real or personal property for which a Village
Association or some other en'. c as expressly assumed responsibility;
� � r
(c) Commo • a or • ited Co R rei=1_ •'thin any Village which may be
repaired or maintaine .y the Asso 4':.. in the Assoc 'n on's sole discretion either by
agreement with the Village or because,iris°i e opinion of the Board,the level and quality of
service then being provided is not consistent with the Community-Wide Standard. All costs
of maintenance pursuant to this paragraph shall be assessed as an Individual Assessment only
against the Units within the Village to which the services are provided. The provision of
services in accordance with th'• Section shall not constitute discrimination within a class.
The Association also has t 4'authority to take appropriate legal action to require the
responsible Village to c. y with th•Jw<<` 'ons of these Protective Covenants, the
Articles,By-Laws and ';'s and Dilations a.o.e t der•and
(d) any other Common Area .esignated by the Board or the DECLARANT from
time to time in a Supplemental Declaration.
Additionally, if and to the extent DECLARANT or any principal or affiliate of
DECLARANT shall install any board .lk,bridge, deck, pathway or other pedestrian amenity on
property adjacent to or in the victi>' of the Properties for aesthetic, recreational, pedestrian,
conservation or educational pus. . es (each, SiwerlkuRt
Amenity") and shall request the
Association to accept respons'r•l"ty for `"lc=,utenance iiaWfattOcent Amenity, the Association
shall be required to accept sik responsibili ' d shall be entitled to include the costs of such
maintenance in Common Expenses hereunder.
Notwithstanding anything herein to the contrary,the Association's obligation to maintain the
Recreational Trails(if any)and/or any Recreational Corridors which are not Common Area shall be
limited to(i)the replacement of concr%,- or other materials used to build or surface such trails and
(ii) the trimming or removal of any,v`?-).ts,landsc sing,structures or other impediments which may
have been installed by Owners in >areas sumo f: ational Trails.
jrzD
5.2 Owner's Respicittsibility. Eac *weer shall maintain his or her Unit and all
structures, landscaping, parking areas, and other improvements comprising the Unit in a manner
consistent with the Community-Wide Standard and all applicable covenants, unless such
maintenance responsibility is otherwise assumed by or assigned to the Association or a Village
pursuant to the Supplemental Declaration or other Declaration of Protective Covenants applicable to
such Unit. As to Units which abut a ;:tercourse or body of water,it shall be the responsibility of
each Owner to maintain, in a mast' consiste with the Community-Wide Standard and these
Protective Covenants,any area 1 ; .`_betw en the fi of line of such Unit and the waterline
of such watercourse or body ater(as waterline ate from time to time). As to
Units which abut or include a portion of any R ational Corridor or a pathway or sidewalk within
the Common Area, it shall be the responsibility of each Owner to maintain,in a manner consistent
with the Community-Wide Standard and these Protective Covenants, any area or landscaping,
including any landscaping that may have been initially placed by DECLARANT, lying within any
portion of a Recreational Corridor located upon such Owner's Unit or between the boundary or lot
line of such Unit and the boundary such Recreational Trail, pathway or sidewalk (except as
otherwise provided in these Prote Covenant Any fencing which is not maintained by the
Association or a Village Associ. sha be mast e t in good condition and repair by
the Owner of the Unit on wh'r"1 such fen is located(a wner's cost and expense). In
addition to any other enforcement rights, i Owner fails properly to perform his or her
maintenance responsibility, the Association may,but is not required to,perform such maintenance
62077.4
9

Inst # 31L �rr�nok 2324Page: 1204
responsibility and assess all costs incurred by the Association against the Unit and the Owner in
accordance with Section 9.6. The Association shall afford the Owner reasonable notice and an
opportunity to cure the problem prior to entry, except when entry is required due to an emergency
situation,as such situation may be reasonably determined by the Association.
ti
Additionally, with respect.ir any Unit as a landscape berm located between the
boundary of such Unit and any p`z ed str---. within the shall be the responsibility of the
Owner of such Unit to maint.tr, in a mann ';,.nsistent with kommunity-Wide Standard and
these Protective Covenants,any area or Iandscap":,including any landscaping that may have been
initially placed by DECLARANT,lying between the boundary or lot line of such Unit and the top of
such landscape berm. The obligation stated in the immediately preceding sentence shall apply
regardless of whether the area in question has been or has not been designated as Common Area
hereunder.
5.3 Maintenance of Una c `Each Own a/ `kjaaintain his or her Unit and all landscaping
and improvements comprising nit i J., .miner co A.1, the Community-Wide Standard
and these Protective Covenant( e Articles,E+s :y-Laws,the Riffs and Regulations and any other
applicable covenants or Supplemental Declara :ns, unless such maintenance responsibility is
otherwise assumed by or assigned to the Association or a Village pursuant to any Supplemental
Declaration or other declaration of covenants applicable to such Unit. If in the opinion of the
Association, any Owner shall fail to maintain any Unit owned by him in a manner which is
reasonably neat and orderly and as required by ARTICLE 11 herein or shall fail to keep
improvements constructed thereon in<: tate of repair so as not to be unsightly,all in the sole opinion
of the Association, the Associati on its discre!'411ICy ; ,e affirmative vote of a majority of the
members of the Board of Direc ,and f6 ring ten >.r dtten notice to Owner,may enter
upon and make or cause to be*lade repairs to NI improvements and perform such maintenance on
the Unit as the removal of trash,cutting of grass,pruning of shrubbery,weeding and items of erosion
control. The Association shall have an easement for the purpose of accomplishing the foregoing,as
provided herein and in ARTICLE 12. The reasonable cost incurred by the Association in rendering
all such services,plus a service charge of fifteen percent(15%)of such cost,shall be added to and
become an Individual Assessment to w� h such Unit is subject as provided in ARTICLE 9 herein.
5.4 Villa_•e's Re .onsi .
(a) Upon :.and resolution, Owners of Units within each Village shall be
responsible for paying, through assessments levied by the Village Association or the
Association (as the case may be), the costs of operating, maintaining and insuring certain
Limited Common Areas within or adjacent to such Village.
(b) Any Village A: ;Aciation having any responsibility for exterior maintenance
of property and/or lands g: ` within such Village shall perform such maintenance
responsibility in a mannera?' sistent with + ?[«� j(+2 ity-Wide Standard. If it fails to do so,
the Association may,b\a\' not req. to,perform •i ponsibilities and assess the costs
against all Units within uch Village as ided in Section 9.6.
(c) Upon Board resolution any Village may provide lawn maintenance to and
for areas outside a Village boundary, pursuant to contract between the Village and the
respective area's Owner.
5.5 Standard of Perfo ce. Mai enance, as used in this Article, shall include,
without limitation, repair and re ceme t as nee' ::, 1 as other duties, as the Board may
determine necessary or approp • �- to satin Communityty-iO4.tandard. All maintenance shall
be performed in a manner consistent with Community-Wide Standard and all applicable
covenants.
ARTICLE 6
INSURANCE AND CASUALTY LOSSES
As and to the extent provi. :on the By Jws of the Association and as required by the
Planned Community Act, the ke ocia' n sha titradequate and appropriate insurance
coverage on all Common Are.J3: d,while are owned ousted by the DECLARANT or the
Association,the Recreational rails.
62077.4
10

lac
Inst;24 74. Book 2324Page: 1205
4/4
ARTICLE 7
SUBDIVISION
7.1 Subdivision b DECL NT. Until January 1, 2042„ DECLARANT shall be
permitted, without the joinder or co nt of the Association or any other Owner, to subdivide or
replat
which ais then owned by DECLAny Units owned by L NT and/or 1' 7+„�, .Iz t to these Protective Covenants
4
7.2 No Subdivision without DECLARANT Consent. No subdivision of a Unit, or any
change of the boundary lines of any Unit after a subdivision plat including such Unit has been
approved by DECLARANT and recorded,shall be permitted without DECLARANT's prior written
consent and joinder.
7.3 General Provisions ':;``'rding Subvision. No Unit or Units shall be subdivided
except to enlarge an adjoining Ulf,"..ut any Unit f li:^s ;_. cannot be improved with more than
one single family dwelling. An er of '€.,,fit and a portal a--8/1 of an adjoining or contiguous
Unit or Units may construct a&yelling or othe"`, cture permitted hereunder upon and across the
dividing line of such adjoining and contiguous Unit(s). Even if one or more Units are combined as
provided in this Section 7.3 the initial number of Units (i.e.,the total number of Units combined)
shall remain the same and shall be treated for all purposes under these Protective Covenants as the
original number of Units, so that the combined Units must conform to the obligations created by
these Protective Covenants,in the same ay that these Protective Covenants initiallyattached to the
Units. Notwithstanding anything in t Article 7 e contrary,
Units or portions of the Property W this Section id thallt
this
not apply to
p riy w�.� are en own (provided that t section
shall apply once such Units or paeans of the 4,•erty are no lon filvned by DECLARANT).
ARTICLE 8
ANNEXATION AND WITHDRAWAL OF PROPERTY
8.1 Annexation without Approval of Membership.
l o
(a) Until January $ 042,DEC j_r :NT may subject any portion(s)or all of the
Future Development Prope >''• o the,lrovision‘ ective Covenants as provided in
this Section 8.1. DECL ]•NT may a" c , er or assign this' i t to annex property,provided
that the transferee or assignee is the devel a of at least a portion of the Property. Nothing
in these Protective Covenants shall be construed to require the DECLARANT or any
successor to annex or develop any of the Future Development Property in any manner
whatsoever.
(b) An annexation b a ECL4 a.NT under Section 8.1(a)shall be accomplished
by filing a Supplemental 1).., . ation in records of Brunswick County, North
Carolina,describing the pr C�'J' to ,, annexe y subjecting it to the terms of
these Protective Covena Such Sup.F.;,ental Declaration all not require the consent of
any Members other than DECLARANT,b```hall require the consent of the owner of such
property,if other than DECLARANT. Any such annexation shall be effective upon the filing
for record of such Supplemental Declaration unless otherwise provided therein.
8.2 Annexation by Membershii. Except as provided in Section 8.1 herein,annexation of
additional property shall require the ass,•• of two-thirds(z/3)of the Class"A"Members at a meeting
duly called for this purpose, written ce of whic - sent to all Members not less than ten
(10)days nor more than sixty(60� ys in once of t R Ta(rl_r/ uring the Class"B"Control
Period, annexation of additional operty unde his Section 8.2 s all also require the consent of
DECLARANT.
8.3 Withdrawal of Property. The DECLARANT reserves the right to amend these
Protective Covenants so long as it has a right to annex additional property pursuant to this Article,
without prior notice and without the consent of any Person, for the purpose of removing property
then owned by the DECLARANT, its.•fti, Hates, or the Association from the coverage of these
Protective Covenants, to the extent o�{�'nally includift- ar or as a result of any changes in the
DECLARANT'S plans for the Pro ies,pr. ed such wit', iot unequivocally contrary to
the overall,uniform scheme of de opment for `-„Jv'pertics.
62077.4
u

4�0
C
44 -'41tpx. Inst Il :#l-3s3 s Book 2324Page: 1206
8.4 Additional Covenants and Easements.--The DECLARANT may unilaterally subject
the property submitted to these Protective Covenants initially or by Supplemental Declaration to
additional covenants and easements,provided that such amendment or modification does not alter
the general or common scheme of development for the Properties described herein and further
provided that this right to amend sh.4 of render these covenants and restrictions purely personal to
the DECLARANT and the ben-,. and burd tained in these Protective Covenants shall
remain mutual and reciprocal t•`<? Own Q
8.5 Amendment. This ARTICLE shall not be amended without the prior written
consent of DECLARANT so long as the DECLARANT owns any of the property described on
Exhibit A or any Future Development Property.
ARTICLE 9
�ti. ASSESSMENTS
•,� 2kij
9.1 Creation of Ass cents. '4 D
(a) The Association is hereby authorized to levy assessments against each Unit
for Association expenses as the Board may specifically authorize from time to time. There
shall be five types of assessments for Association expenses: (1) Master Association
Assessments to fund Common Expenses for the general benefit of all Units within the
Properties; (2) Village Asses •,ents for Village Expenses benefiting only Units within a
particular Village or Village `s the extent these are assessed by the Association as opposed
to the applicable Village e,ociation); (33w,z_r K ssessments as described in Section 9.5;
(4) Individual Assess i • as d 'bed in Sec {' nd (5) Service Assessments as
described in Section i° 3. Each O to
by accepting a deed or entering into a recorded
contract of sale for any portion of the Properties is deemed to covenant and agree to pay
these assessments.
(b) All assessments,together with interest from the due date of such assessment
at a rate determined by the Bo:.,.• (not to exceed the highest rate allowed by North Carolina
law),late charges,costs,ands$.sonable attorney's fees,shall be a charge and continuing lien
upon each Unit against�, 1-ich the asse _ ' ade until paid, as more particularly
provided in Section 9.? ach su`'' ssessment, to 'th interest, late charges, costs,
and reasonable attornee's fees,also s• '",•e the personal obligation of the Person who was
the Owner of such Unit at the time the assessment arose. Upon a transfer of title to a Unit,
the grantee shall be jointly and severally liable for any assessments and other charges due at
the time of conveyance. However, no first Mortgagee who obtains title to a Unit by
exercising the remedies provided in its Mortgage or any individual obtaining title by or
through a foreclosure shall bev?..rsonally liable for unpaid assessments which accrued prior
to,such acquisition of title.14:i the eventof any transfer of title to a Unit, the lien of the
assessments shall not be e 4 guis ed. fti
i.
(c) No Owner may exempt elf from liability for assessments,by non-use of
Common Area, abandonment of his Unit,or any other means. No diminution or abatement
of assessments or set-off shall be claimed or allowed for any alleged failure of the
Association or Board to take some action or perform some function required of it, or for
inconvenience or discomfort arising from the making of repairs or improvements, or from
any other action it takes. tio
1' r
9,2 DECLARANT'S ss:igati•,, for As tiring the Class"B"Control Period,
DECLARANT may annually el `'either:(1 `'•,,,day regular assets on its unsold Units,(2)to pay
the difference between the amount of assessments +.:lected on all other Units subject to assessment and
the amount of actual expenditures by the Association during the fiscal year,or(3)to pay one-half(%2)
of the assessments for an unimproved Unit for all Units which are platted of record in the Office of the
Register of Deeds of Brunswick County but which have not yet been sold to a Person other than
DECLARANT or an authorized builder. Unless the DECLARANT otherwise notifies the Board in
writing at least 45 days before the begi g of each fiscal year,the DECLARANT shall be deemed to
have elected to continue paying on •1 same basim during the immediately preceding fiscal year.
The DECLARANT's obligation4 eund- may beNCtit.to he form of cash or by "in kind"
contribution of services or mat- :•,,s,or by a clv�..,••,ination of these. ��'
t.,,fyG
62077.4 12

4a 4. nst # 3133121 L1ook 2324Page: 1207
9.3 Computation of Master Association Assessment. At least thirty(30)days before the
beginning of each fiscal year, the Board shall prepare and distribute to the Members a budget
covering the estimated Common Expenses during the coming year(including,without limitation,a
capital contribution to establish a reserve fund in accordance with a budget prepared as provided in
Section 9.4)as and to the extent requ..:: in the Planned Community Act.
9.4 Capital Reserve. dg a der z
d et. a Boar 3'h� prepare a capital reserve budget
for maintenance and replace /r7't of capitallitalovements whit 's all take into account the number
and nature of replaceable assets, the expectedblife of each asset, and the expected repair or
replacement cost.
9.5 Special Assessments. In addition to other authorized assessments, the Association
may levy Special Assessments from time to time to cover capital improvements or unbudgeted
expenses (including,without limitat'cs�; expenses required to complete repair, maintenance and/or
clean-up which the Board deems .6i essary or .'i, ., after a storm,hurricane or other casualty
event) or other expenses in ex `-F of the budgete• :in''R,O ay establish the amount of the
Special Assessment if it is O t DRED`f-:a LARS($100.0I nor less in any assessment year for
each Member. All other Special Assessments hall require the affirmative vote of sixty-seven
percent (67%) of Members present and voting in person or by proxy who will be subject to such
Special Assessment, and the affirmative vote or written consent of the Class"B"Member, if such
exists. Special Assessments shall be payable in such manner and at such times as determined by the
Board, and may be payable in install I ents extending beyond the fiscal year in which the Special
Assessment is approved. tiro
ti`
9.6 Individual Asse•:+tents. '
�Q&5 te
(a) The Board shall have the power to levy Individual Assessments against a
particular Unit or Units constituting less than all Units within the Properties or within a
Village,as follows:
(1) to cove�cthe costs, including overhead and administrative costs, of
providing benefits,i t,`::,or services to the Unit or occupants thereof upon request of
the Owner pursu. r. a menu of•4.:�a�:_ 'ces which the Board may from time to
time authorize +``�a offe o Owners N"TprW: t t include, without limitation,
landscape mai°°s- ance,hand service,pool cleaning,pest control, etc.),which
assessments may be levied in advance of the provision of the requested benefit,item
or service as a deposit against charges to be incurred by the Owner;and
(2) to cover costs including overhead and administrative costs and
reserves incurred for m.,,,i' tenance,repair and replacement of any private roads,signs,
mail boxes, fences ei berms which are constructed for the benefit of certain
specified Iots,ass be more spe /05islpik.-_ orth in a Supplemental Declaration.
,1:v '4f I iza
(3) %cover costs i `r;;ed in bringing the Unit into compliance with the
terms of these Protective Covenants, including, without limitation, Section 5.3,any
applicable Supplemental Declaration, the Articles, the By-Laws, Rules and
Regulations,or Design Guidelines or costs incurred as a consequence of the conduct
of the Owner or occupant of the Unit, their lessees, licensees, invitees, or guests;
provided,the Board sh. ,.,give the Unit Owner prior written notice and an opportunity
for a hearing before i ing an Individual Assessment under this subsection(a).
(b) The Ass-ration ma o levy an Ii 'ia )Assessment against any Village
to reimburse the Assoc`.tion for costs ured in bringing the Village into compliance with
the provisions of these Protective Covenants, any applicable Supplemental Declaration,the
Articles, the By-Laws, and Rules and Regulations, provided the Board gives the board of
directors from such Village prior written notice and an opportunity to be heard before
levying any such assessment.
•
9.7 Workin Ca ital A sment. ljR on the conveyance of title to any Unit, the
acquiring Owner shall contribute a As ociatiolY'(4 E. e capital an amount equal to one year's
Master Association assessment uch fun. .11 be used o .;
„tip :1 ing and capital expenses of the
Association,such as prepaid in rance,supplie,',,, ishings and equipment,etc. Amounts paid into
62077.4
13

&" InstTA-kW Book 2324Page: 1208
the working capital fund are not to be considered advance payment of regular assessments. All
working capital funds shall become part of the general operating funds of the Association.
9.8 Date of Commencement of Master Association Assessments and Due Dates. The
Master Association assessments pro <-d for herein shall commence on the date of conveyance of
��
each Unit to an Owner other than >LARANTWAdue dates shall be established by the Board of
Directors. �,e- Qy„ 0.0
9.9 Lien for Assessments.
(a) All assessments authorized in this Article and levied against a Unit, which
remain unpaid for a period of thirty(30) days or longer, shall constitute a lien against the
Unit against which they are levied when a claim of lien is filed of record in the Office of the
Register of Deeds of Bruns ' County. The lien shall also secure payment of any fees,
charges, interest, fines, hat arges(sub�W Vr the limitations of North Carolina law), and
costs of collection[Mel °`g,wi ..•ut limits t',R4'fi,1: onable attorneys fees allowed by
North Carolina law, ' '.ding but n cited to fees des C.ed in N.C.G.S. §47F-3-1I6(e)],
and other charges imposed pursuant idothe Governing Documents and/or the Planned
Community Act. Such lien shall be superior to all other liens, except the liens of all ad
valorem taxes or assessments,and any other liens which by law would be superior.
(b) The Associatis may record notice of the claim of lien in the Office of the
Clerk of Superior Court .` Brunswick fl.,(1.7_ or file a suit to collect such delinquent
assessments and charges e As-,,.ration may R TRr y 1. fif Lis Pendens,bring an action of
law against the Own , personally'e'I:;'.,ated to pay the same and/or bring an action to
foreclose the lien against the property, o'utilize any other remedy provided under North
Carolina law. No Owner may waive or otherwise escape liability for the assessments
provided for herein.
9.10 Effect of Nonpayment of Assessments: Remedies of the Association: Any
assessments or portion thereof which 'not paid when due shall be delinquent. If the assessment or
any portion thereof is not paid wi�`_..thirty(30)cf - the due date,the same shall bear interest
from the date of delinquency at - :te not ,,,f xceed the '.:r"r.. t-gal rate allowed in the State of
North Carolina per annum an•i n addition, a5',,; fee shall be assessed in such amount as may be
determined by the Board of Directors. The Ass•elation may bring an action against the Owner
personally obligated to pay the same,or foreclose the lien against the property in the same manner as
provided in North Carolina for the foreclosure of deeds of trust,or both,and,in either event,interest,
costs and reasonable attorney's fees(as allowed by North Carolina law)of any such action shall be
added to the amount of such assessm- . The Association may bid for the Unit at the foreclosure
sale and acquire,hold,lease,mortga and conve the Unit. The sale or transfer of any Unit shall
not affect the assessment lien or reG t e such Unit ,�; ._-'en for any subsequent assessments.
` I
9.11 Failure to Ass. . Failure o Board to fix�assessment amounts or rates or to
deliver or mail each Owner an assessment notices all not be deemed a waiver,modification,or a
release of any Owner from the obligation to pay assessments. In such event, each Owner shall
continue to pay Master Association Assessments on the same basis as for the last year for which an
assessment was made, if any,until a new assessment is made, at which time the Association may
retroactively assess any shortfalls in col` lions.
9.12 Exempt Property. .0 following I r.l-•t ....11 be exempt from payment of Master
Association Assessments, Sern4 �r t•ssess and Specia .1-: i;,nts:
(a) all Common Area;
(b) any property dedicated to and accepted by any governmental authority or
public utility;
�c
(c) any property ti by a co nervation trust or similar nonprofit entity as a
conservation easement, e,>;-pt to the e�d y such easement lies within the
boundaries of a Unit whit is subje',.. assessment s r(in which case the Unit shall
not be exempted from alessment); F,,,
62077A
14

,���\ v f`7Qr��ss 4 4 Inst # 32. Book 2324Page: 1209
(d) any Unit which is not approved by any governmental agency for residential
use;and
(e) any Unit or pro.erty owned of record by the DECLARANT,its successors or
assigns,except as otherwise •e 'ded in Section 9.2.
1'
9.13 Service Assess . . oard sha� wer to levy Service Assessments
against a particular Unit or .j's constitu s than all Units d/or against a particular Village
or Villages constituting less than all Villages)"`"'thin the Properties to cover the costs, including
overhead and administrative costs,of providing specialized maintenance and/or landscaping services
to such Units and/or Villages and the occupants thereof. Such assessments may be levied in advance
of the provision of the requested benefit,item or service as a deposit against charges to be incurred
by the Owner. Notwithstanding the foregoing to the contrary,the fact that the Association levies a
Service Assessment shall not be d ed to impose any obligation upon the Association to (i)
monitor the quality of work or se<t`es being p .Q{ . " assume any responsibility for the quality
of work or services provided,(" %ensure^..;+structura 1'T^rr',fuoundness of any construction or
modifications provided or (i ensure corn.t,,,,ce with building codes and other governmental
requirements relating to the work or services provi•ed.
9.14 Surplus Funds_ Notwithstanding the provisions of N.C.G.S. §47F-3-114,any excess
of Association income over Common Expenses (as defined in Section 1.9 herein and which shall
include reasonable reserves) shall be ap.Iied to reserves or other future expenses as the Board deems
appropriate. ,?
~` Ct1
� ;1TICLE 11 (,r
�- DESIG_ <<x IDELINES
10.1 General.
(a) No structures or buildings shall be erected or maintained upon any Unit or the
Properties, no improvements `r construction (which terms shall include within their
definitions: clearing, gradi ; excavation, landscaping, and other site work) shall be
commenced,erected,or ,._^` ained upon r-Nis n •,,. p i rr „,Properties,and no exterior addition
to or change or alteratiorja"erein(ding,withou `F,t€t;3'n,any change of color)shall be
made upon any Unit o til e Properties, t in compliance with this Article and the Design
Guidelines. Without limiting the generality of the foregoing, no work described in the
immediately preceding sentence shall commence until the plans and specifications showing
the nature, kind, shape, heights, materials, and location of the same shall have been
submitted to and approved in writing by the ARC according to the provisions of ARTICLE
10. With regard to the provisi.`s of this ARTICLE 10,the terms, "structures,""buildings"
and"improvements" shall i4ti'I de,but no,�be limited to any dwelling, garage, fence,wall,
sidewalk, hedge, mass pl,,• ng, change lope, drainage pipe, drainage canal,
ditch, swale, catch bas'`,-'swimm '',•f,.00l, tree hoirtilitohouse, sign, flag pole, exterior
illumination, monume° or marker, on'.,tr statuary, exterior lights, security lights, storm
door, well utility facility, mailbox, patio, deck, screening for outdoor trash cans or other
purposes,sprinkler system,driveway,outdoor decorative objects,shrubbery or landscaping.
(b) Any Owner may remodel,paint or redecorate the interior of structures on his
Unit without approval. No app�`,val shall be required to repaint the exterior of a structure in
accordance with the origin.4 approvedfiolor scheme or to rebuild in accordance with
originally approved plans v spec cation OgQls'Q
(c) This A' ICLE 10 shallapply to the activities of the DECLARANT,nor
to alterations of or improvements to the Common Area by or on behalf of the Association.
(d) This ARTICLE 10 may not be amended without the prior written consent of
the DECLARANT, so long as the DECLARANT owns any land subject to these Protective
Covenants or subject to annexal,., to these Protective Covenants.
10.2 Architectural Revi •s
;. U�7Q
(a) Responstility for adminr''r tion of the Design Guidelines,as defined below,
and review of all applications for construction and modifications under this Article shall be
62077.4 15

E��c
n 'C
,-
' cet'�Fti Inst H pook 2324Paqe: 3.2111
r�.
handled by the ARC as described in subsections(a)and(b). The members of the ARC need
not be Members of the Association and may, but need not,include architects, engineers or
similar professionals,whose compensation,if any, shall be established from time to time by
the Board. The Board may establish and charge reasonable fees for review of applications
hereunder and may require s fees to be paid in full and paid prior to review.
r,,' 7
(b) Architec Rev�Comm � RCD. The ARC shall consist of
at least three, but not,,Nre than > tiersons and shingve exclusive jurisdiction over all
structures, buildings, improvements, : 'th construction on any portion of the Properties.
During the Class "B" Control Period, the DECLARANT retains the right to appoint all
members of the ARC who shall serve at the DECLARANT'S discretion. Upon the
expiration of such period,the Board shall appoint the members of the ARC,who shall serve
and may be removed in the Board's discretion.
10.3 Guidelines and P .„ dures. Th j LARANT shall prepare the initial Design
Guidelines and application and 4-ew pry. -dures � - :.
( hi*:o elines')which shall apply to all
construction activities within .„ Properties.''. - Design Guide i -s may contain general provisions
applicable to all of the Properties,as well as spe''u c provisions which vary from one portion of the
Properties to another depending upon the location, unique characteristics, and intended use. The
ARC shall adopt such Design Guidelines at its initial organizational meeting and thereafter shall
have sole and full authority to amend them subject to the approval of the Board of Directors.. The
ARC shall make the Design Guidelines available to Owners who seek to engage in development or
construction within the Properties a ,,o 11 such Persons shall conduct their activities in accordance
with such Design Guidelines. `\F
1-
,z- 01/09,„apd .
10.4 Submission of•tl.'s and Spec`l';_..tions. `�
(a) No construction or improvements, as defined in Section 10.1(a), shall be
commenced, erected, placed or maintained on any Unit, nor shall any exterior addition,
change or alteration be made thereto, until the plans and specifications ("Plans") showing
site layout, structural design,.exterior elevations, exterior materials and colors, signs,
landscaping, drainage, light1,f,nrigation, utility facilities layout, screening, and any other
supporting documents, as a�`y be requires/ � - ARC, shall have been submitted to and
approved in writing by.e�ARC. a Design 'ern. ehall set forth the procedure for
submission of the Pl. A reasonab for the review o said plans shall be required and
submitted, along with said Plans and any they supporting documents required by the ARC
and the Board may require a deposit to be posted prior to the commencement of any
construction or work,which sum shall be used to collect any fees,fines or penalties incurred
during construction or work. Any such sums remaining at the completion of construction
shall be returned to the Owner.
ti4~
(b) In reviewi ;, each submikat*k-!;.i.,..ARC may consider visual aesthetics,
natural platforms and n` gradeliVations, h. Tir,I• j eternal design with surrounding
structures and environtaent,and locate the relation to surrounding structures and plant
life. The ARC may require relocation a native plants within the construction site as a
condition of approval of any submission. Location of any driveways shall be subject to the
approval of the ARC.
(c) The Associatio shall have the right to refuse to approve any plans and
specifications or grading plati hich are not suitable or desirable, in its sole discretion,for
aesthetic or any other reas;'.. In so apprdt .laps,specifications and grading plans,
the Association shall esider tl itability of urFIi 4,'osed building, improvements,
structure,or landscapi '. and the materiP449f which it is to be built,the site upon which it is
proposed to erect the same,the harmony thereof with the surroundings,and the effect thereof
on the adjacent or neighboring property.
(d) No bulldozing or clearing of trees or excavation of lakes or ponds shall be
commenced until the plans,spe cations and grading plans showing the nature,kind,shape
and location of work to be d..`< shall have been submitted to and approved in writing by the
Association and a copy the�`a: ,as finally a
ftlermanently with the Association.
•
eD
(e) Upon r'' eipt of a sub ion of Plans, the ARC shall advise the party
submitting the same in writing, at an address specified by such party at the time of
62071.4
16

�ti.
4 is Ins -a21 Book 2324Page: 1211
submission, of(i) the approval of Plans,or(ii) the segments or features of the Plans which
are deemed by such committee to be inconsistent or not in conformity with these Protective
Covenants and/or the Design Guidelines,the reasons for such finding,and suggestions for the
curing of such objections. The ARC shall use good faith,diligent efforts to respond to a Plan
submittal within 30 days aft f eceipt of same, although matters not within the reasonable
control of the ARC may p<,4ent this froTy ^urrng in certain cases. In the event the ARC
fails to advise the subm' g pa �<.,•y written 'n 60 days of either the approval or
disapproval of the P1 , approvar''"">, be deemed to a been given. Notice shall be
deemed to have been given at the tii''' the envelope containing such notice, properly
addressed, and postage prepaid, is deposited with the U.S. Postal Service, registered or
certified mail, return receipt requested. Personal delivery of such written notice shall,
however,be sufficient and shall be deemed to have given at the time of delivery.
(f) If constructiol,oes not commence on a project for which Plans have been
approved within nine (9.\'` onths of (�roval, such approval shall be deemed
withdrawn,and it shall . ecess:,, for the +R/151Ent the Plans for reconsideration.
(g) Once construction has b"n initiated on a Unit, the Owner thereof must
complete such construction within ten(10)months. If an Owner does not comply with such
schedule, then DECLARANT,the Board and the Association shall each have the right(but
not the obligation) to complete such construction on Owner's behalf and at such Owner's
expense. In the event the DE LARANT, the Board or the Association exercises the right
provided in the immediately;: ceding sentence,then DECLARANT,the Board and/or the
Association(as the case m .e)shall be o collect from such Owner,in addition to a
reimbursement of all exp , d in the-e� tI; .Ar Hof construction of the Unit, an
administrative fee for: ch work,w fee shall be equ• to twenty percent(20%) of the
costs incurred by such party in completin the work. Any and all of the foregoing costs and
fees that may be incurred by or payable to DECLARANT,the Board and/or the Association
shall be a charge and continuing lien upon such Unit until paid, and DECLARANT, the
Board and/or the Association may bring an action against such Owner,or foreclose the lien
against the property in the sam manner as provided in North Carolina for the foreclosure of
deeds of trust, or both,and,d='either event,interest,costs and reasonable attomey's fees of
any such action shall be a.:.'t' to the amo 1' . e to DECLARANT the Board and/or the
Association. ��(`�'� `�t` ?Jl
10.5 No Waiver of Future Approvals. ach Owner acknowledges that the members of the
ARC will change from time to time and that interpretation, application and enforcement of the
Design Guidelines may vary accordingly. Approval of proposals, plans and specifications, or
drawings for any work done or proposed,or in connection with any other matter requiring approval,
shall not be deemed to constitute a `:iver of the right to withhold approval as to any similar
proposals, plans and specificatio \$drawings, or other matters subsequently or additionally
submitted for approval. ����� esim,„
,t «, c o
10.6 Variance. '' ARC may F.+ ,,rize in its discretion reasonable variances or
adjustments from compliance with any of its guide ines and procedures in order to alleviate practical
difficulties and hardship in their enforcement and operation. Such variances may only be granted,
however,when unique circumstances dictate and no variance shall(a)be effective unless in writing;
or(b)prevent the ARC from denying a variance in other different or even identical circumstances.
Any such variances shall not violate spirit or the intent of this document to create a subdivision
of Units owned in fee by various .<4.ons with each such Owner having an easement upon areas
owned by the Association. fi o r
/ �� ��
10.7 Limitation of liability. The A7 hall not bear any responsibility for ensuring the.
structural integrity or soundness of approved construction or modifications, nor for ensuring
compliance with building codes and other governmental requirements. Neither the DECLARANT,
the Association,the Board,nor the ARC,shall be held liable for any injury,damages,or loss arising
out of the review and approval of any application,including,but not limited to,the grant or denial of
a variance, the manner or quality ��� construction, defects in any plans or specifications, or
deficiencies in kind or quality of m.lc,'ials used,or for compliance or non-compliance with building
codes and other governmental re. �•`-ments. U kk,1 Q
4/4
62077.4
17

ti�0
Vir VI
Q '7r /�
hF:, V��•
f Inst # 313321 Book 2324Page: 1212
10.8 Enforcement.
(a) Any structure or improvement placed or made in violation of this Article
shall be deemed to be nonconforming. Upon written request from the Board or the
DECLARANT, Owners shagat their own cost and expense, remove such structure or
improvement and.restore and to subs ally the same condition as existed prior to the
nonconforming work. ould r;,. Owner ve and restore as required, then
DECLARANT,the El.,,. d and the f.,,,, iation shall eac gve the right to enter the property,
remove the violation, and restore the +roperty to substantially the same condition as
previously existed. All costs,together with the interest at the maximum rate then allowed by
law, may be assessed against the Unit's Owner and the benefited Unit and collected as an
Individual Assessment. In the event the DECLARANT, the Board and/or the Association
exercises any right provided hereto in this Section 10.8(a), then DECLARANT, the Board
and/or the Association (as ;'case may be) shall be entitled to collect from the relevant
Owner, in addition to a re';'' ursement otklie sts expended in the removal of the violation
and/or the restoration�` prop•r,s,an admir�T'iri • ®or such work,which fee shall be
equal to twenty perce, -' 0/°)of the% :incurred by suc party in performing the work.
(b) Any contractor,subcontractor,agent,employee,or other invitee of an Owner
who fails to comply with the terms and provisions of this Article and the Design Guidelines
may be prohibited by the Board from entering and conducting any activities within the
Properties. In such event,none of the Association,its officers,or its directors shall be held
liable to any Person for exerc'eg the rights granted by this paragraph.
We
(c) The Ass e �.tion 1 have the .�i c+�,1; •. establish fines for violations of
this Article and the sign Guidelin ' eluding fines or continuing violations. The fine
amounts may be deducted from any bon osted. If the fines are not paid,the Association
may establish an Individual Assessment in accordance with the provisions of ARTICLE 9.
(d) In addition to the foregoing, the Association shall have the authority and
standing to pursue all legal and quitable remedies available to enforce the provisions of this
Article and the decisions of SL^.RC.
�k.
10.9 Architectural C '�e Co i.J.'_,ee. At tthhe f�f,: ,f the DECLARANT or after the
expiration of the Class "B"C 'trol Period, ` •:a the DECLARANT or the Association shall have
the option,but not the obligation,to establish an •rchitectural Change Committee to review minor
changes or renovations to improvements previously approved by the ARC. If the DECLARANT or
the Association elects to establish such an Architectural Change Committee, the Board shall
establish guidelines regarding the operation and jurisdiction of such committee and shall appoint its
members, each of whom shall serve .` may be removed in the Board's discretion. Additionally,
during the Class "B" Control Period DECLARANT shall have the right to remove and replace
any member of the Architectural ,I ge Commitia9�,y
ldestr
44A14641.,E 11
USE GUIDELINES AND RESTRICTIONS
11.1 Plan of Development;Applicability;Effect.
(a) DECLARANT has cr.ted the Residential Community as a residential and
recreational development and,in fu ,'-ance of its and every other Owner's interest,has established
a general plan of development f0 e Residen+Mrt,. e4,, ,,ity. Accordingly, the Properties are
subject to the affirmative and 4 ative co'%,..,, ts, easemeii F,restrictions governing land use,
individual conduct,and uses oi'sor actions upon"sv,properties that are provided in this ARTICLE 11
(the"Use Guidelines and Restrictions").
(b) All provisions of these Protective Covenants and of any Association rules shall also
apply to all occupants,Iessees,guests and invitees of any Unit. Any lease on any Unit shall provide
that the lessee and all occupants of theme ased Unit shall be bound by the terms of these Protective
Covenants,the By-Laws,and the rul:-�ti;f the Ass, iation;provided however,that the lack of such a
lease provision shall not waive �,r se Protective i;* ,1Vilt the By-Laws, and the rules of the
Association in any way. �a;' G��^^
62077A
18

Inst 1 Book 2324Page: 1213
11.2 Rules and Regulations. Subject to the terms of this ARTICLE 11, the Board may
implement and manage the Use Guidelines and Restrictions through rules and regulations which
adopt,modify,cancel,limit,create exceptions to,or expand the Use Guidelines and Restrictions.
11.3 Owners'Acknowled;
lakt
(a) All 0 and the Propeirject to the Use Guidelines and
Restrictions and are •'`n notice tha'�� their ability to use their privately owned property is
limited thereby, and (b)the Board may d,delete,modify,create exceptions to,or amend
the Use Guidelines and Restrictions in accordance with Section 11.2.
(b) Each Owner,by acceptance of a deed,acknowledges and agrees that the use
and enjoyment and marketabil'a of his or her property can be affected by these provisions,
and that the Use Guidelines,:4?d Restrictions and rules may change from time to time; and
each Owner agrees to be .~d thereby Uf G��
,o+F.
11.4 Rights of Owrts. Except as ''°': „be specifically set forth in Section 11.5,the Board
may not adopt any rule in violation of the following restriction: No rules shall interfere with the
activities carried on within the confines of Units,except that the Association may prohibit activities
not normally associated with property restricted to residential use,and it may restrict or prohibit any
activities that,in the Association's reasonable judgment,create monetary costs for the Association or
other Owners,that create a danger to q e health or safety of occupants of other Units,that generate
excessive noise or traffic,that create' ightly conditions visible outside the Unit,that significantly
block the normal views from oth; 3 nits,or that di` ' 1�easonable source of annoyance,or that
create a nuisance. i I
11.5 Use Guidelines and Restrictions.
(a) General. The Properties shall be used only for residential and related
purposes(which may include,without limitation,offices for any property manager retained
by the Association,business .).ales offices for the DECLARANT'or the Association, and
certain recreational uses an` �ry to hom ership or as permitted in the Common Areas),
except as otherwise prop '-d h-�,in. Nog��4 1 use shall be permitted on any Unit
except in accordance AV, Section 'F ;(fin)and Section Ry).
(b) Animals and Pets. No animals, livestock or poultry of any kind shall be
raised,bred,kept or maintained on any Unit or in any dwelling except a limited number of
domestic household pets, which limit may be set by the Board. Domestic household pets
may not be raised,bred,or kept for any commercial purpose. Pets must be accompanied and
leashed at all times when offs ner's Unit and droppings must be immediately removed.
Fines assessed by the Asso ti'' on shall be an Individual Assessment in accordance with
ARTICLE 9. All parties here.,}notifimit any dog kept or maintained on
a Unit or in any dwel _ on the Pr es barks excesly,continuously or in a manner
that constitutes a nuisance,the Board mar -quire the Unit Owner to employ a collar or other
device designed to reduce or control such excessive barking(provided that such action shall
in no event limit any other rights or remedies for such situation that may be available to the
Board or to any other parties at law or in equity).
(c) Placement of,Outdoor Clothes Drying Structure. No outdoor poles,
clotheslines or similar equi shall be gpeAor located on any Unit.
(d) Offen&; and Illega '.z,+'vities. No immbial,improper, illegal,noxious or
offensive activity shall be carried on upT any Unit, nor shall anything be done thereof
tending to cause embarrassment, discomfort, annoyance or nuisance to the Association, the
DECLARANT or any Owners. There shall not be maintained any plants or animals,odors,
fumes,or devices or anything of any sort whose normal activities or existence are in any way
noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the
enjoyment of other Propertie�� the Owners thereof. All laws, orders, rules, regulations,
ordinances or requirements('any govern • .•ency having jurisdiction thereof,relating to
any Person or the Prope vs'hall b. omplie.wf Rt&P a sole expense of the Owner or
of the Association, w ever shall�'4 - the obligation 'd/or ri•
ght to maintain or repair
such portion of the Property.
62077.4 19

r ��
Inst 1t PAr0Book 2324Page: 1214
(e) Parking. Parking of vehicles on any street in the Properties shall be allowed
only in accordance with the policy determined by the Board of Directors. No truck nor other
vehicle in excess of a three-quarter(3/4) ton load capacity, boat,vessel,motorboat, camper,
trailer, motor or mobile home, or similar type vehicle or apparatus shall be parked or kept
overnight or longer,on any s!~fc or on any Unit unless it is stored in an enclosed garage and in
such a manner as to not 'sible to tha of other Units or the users of a street or
recreation area. All to. e.r othe'-,,,aterials stor V,?F. -es for overnight parking shall be
kept out of sight. No ..icle or equip`'v; which is unsight yin appearance as determined by
the Board of Directors shall be allowed on" e Properties.
(f) Repair or Removal of Buildings. Any dwelling or improvement on any Unit
that is destroyed in whole or in part by fire or other casualty shall be either rebuilt or torn
down and all debris removed o d the Unit restored to a sightly condition with reasonable
promptness,provided,howe , that in no event shall such debris remain on such Unit longer
than three(3)months.If: lacement Lift .e constructed,the replacement Unit must
be approved by the AR _e�accor.`.a,Fe with AR �p
(g) Outside Burning. No outside burning shall be permitted except as may be
approved by the Board in advance (provided that in no event shall burning be permitted
except in compliance with all applicable governmental regulations).
(h) Signs. The AR shall approve all signs prior to installation and may impose
size limits. No advertising ‘:l=.s.or billb.ards or other advertising structure(s) of any kind
shall be erected on any 4.it or dispIa(Aid*,,, .ublic on any Unit subject to these
restrictions without pri�� 'tten ;oval of the T C 1 j 5his covenant shall not apply to
signs erected by the ':'CLARANT, iding signs used to identify and advertise the
Properties as a whole. DECLARANT or ARC has the right to enter upon any Unit and
remove any unapproved sign(s). Without limiting the foregoing, the ARC shall issue
guidelines from time to time outlining the Residential Community's policy for the posting of
"for sale"signs and similar temporary signs by or upon any Unit(which policy shall include
the permitted dimensions and pearance of such signs and may even prohibit such signs
altogether).
rz
(i) Huntin d Fishi No huntiingb a bharge of firearms within the
subdivision is permitte . The Associate ough its Board of Directors,reserves the right
to control or remove animals(including,without limitation,the authorization of bow hunting
to reduce or eliminate nuisance animals)subject to rules and restrictions to be determined by
the Board. Fishing shall be permitted only in locations designated by the Board from time to
time and shall be subject to reasonable restrictions imposed by the Board.
�c
(j) Garbage. G.`#ge and trassg all be disposed by Owners in accordance with
the rules and regulations e Ass,ciation.
(k) Antennas. No outside a'z,nnas or satellite dishes shall be erected on any
Unit or structure unless and until permission for the same has been granted by the ARC.
The design and location of the dish must also be approved by the ARC.
(l) Well Installation. The Owners of single-family residential Units shall be
allowed to install one single w�"per Unit for the purpose of irrigating the land comprising
the Unit. This right shall 1` subject to Oh ECLARANT'S reservation of rights in all
surface and sub-surface w. in th.,.,'ropertie d y�rells and pumps permitted under
these Protective Cove _`: must bated so as not"b°'be visible from any street or
recreational area or Common Area and m be approved by the ARC,screened from view
and kept free from discoloration, including rust. All structures within the Unit shall also be
kept free from discoloration, including rust. In the event the use of water from any well is
determined,in the Board's discretion,to be causing rust or discoloration on a Unit,the Board
shall be entitled to require the Owner of such Unit to discontinue the use of such well.
(m) Restricted ities. Th , wing activities are prohibited within the
Properties unless expressl �' thori by the tto any conditions imposed by the
Board: "+F,. �,D
62077.4
20

. In t: itilal21. Book 2324Paqe: 1215
(i) Activities which materially disturb or destroy the vegetation,wildlife,
water or air quality within the Properties or which use excessive amounts of water or
which result in unreasonable levels of sound or light pollution;
(ii) Any :,e.iness or Trade,except that an Owner or occupant residing in
a Unit may condu., usiness acti 'thin the Unit so long as: (a)the existence
or operation of i - activ' is not app R- itilleKectable by sight, sound, or smell
from outside .1'Unit; (b) ,, .vity does not involve regular visitation of the Unit
by clients, employees, agents,'istomers, suppliers, or other business invitees,
delivery services, or door-to-door solicitation of residents of the Properties; and(c)
the activity is consistent with the residential character of the Properties and does not
constitute a nuisance, or a hazardous or offensive use, or threaten the security or
safety of other residents of the Properties,as may be determined in the sole discretion
of the Board.
(iii) ; ing s be kept an. 1 r: shall be carried on,by a Person
other than DE ARANT or ssociation,in any building,structure or home or on
the Common Area which will incr se the rate of insurance,applicable to residential
use, for the property or the contents thereof. No Owner shall do or keep anything,
nor cause or allow anything to be done or kept,in his home or on the Common Area
or any Recreational Trails which will result in the cancellation of insurance on any
portion of the property r the contents thereof,or which will be in violation of any
law, ordinance, or r 'ation. No waste shall be committed on any portion of the
Common Area,an ecreational I Recreational Corridor.
(n) Property Damage. 0 I shall be responsible for any damage done to any
streets, roadways, access ways, curbing, street gutters, sidewalks, Common Areas,
Recreational Trails,or property of other Owners within the Properties which may be caused
by the same Owner, his agents, contractor or its subcontractor lessees, employees, guests,
licensees or invitees. The Association shall have the authority to assess any Owner for such
damage and such charge shall . an Individual Assessment against the Owner and his Unit(s)
and maybe enforced in acco .ce with tl e provisions of ARTICLE 9 herein.
(o) Junk V " les. No i ped, partia '1ed,junk motor vehicle, or part
•thereof, or any motor' chicle not di ing a current valid inspection sticker shall be
permitted to be parked or kept on any Unit.
(p) Garbage Cans and Fuel Tanks. All trash receptacles and garbage cans shall
be screened so as not to be visible by the Owners of other Units or the users of any street or
recreation area. All such sere 4ng shall be approved by the ARC. No fuel tanks or similar
storage receptacles may be -2..sed to view,. The placement of any such receptacles may be
approved by the ARC or ;"CLA a i�{.^
' `I° Ze Iocated within the main dwelling
house,within an access e building, in a screene u a it buried underground.
(q) Mailboxes. All mailboxes and other such receptacles must be approved in
advance by the ARC. Any boxes provided by the DECLARANT on a Unit shall be
considered an improvement and must remain with the Unit and must be maintained by the
Unit Owner. Boxes and/or posts damaged shall be repaired to an attractive condition or
replaced by the Unit Owner wi 1-)i thirty(30)days of loss or damage.
(r) Outdoor 0,�: cts. o outdor s or other decorative objects may
be placed on any Unitt i/ess it is i - pliance wit oveming Documents,including
the Design Guidelines.' u e American °:'e_ no larger than 3 feet x 5 feet may be flown on a
pole no longer than 5 foot 6 inches from a pole holder attached to the home in an approved
location which can be reached by hand from the ground below so as to be easily installed and
removed. Any flags will be displayed in accordance with traditional rules and regulations
governing the flying and display of the American Flag.
(s) Alteration of mmon Are .4;io person shall undertake,cause,or allow any
alteration or construction �r upog„any portiocftN. non Area except at the direction
,
of and with the express nen cons .f the ARC. Notvastanding anything herein to the
contrary, in no events all any berms c other screening within any Common Area be
62077.4 21

t \tip.
N.
J` i0,rp
Inst II 31 'L Book 2324Page: ].216
z
removed or materially altered without the consent of the DECLARANT (or, after the
expiration of the Class"B"Control Period,the Association).
(t) Use of Common Areas. The Common Areas shall be used only for the
purposes for which they are';>nded and reasonably suited and which are incident to the use
and occupancy of the hom= �subject to**Ws or Regulations that may be adopted by the
Association hereunder•i: rsuan . its By-LalvOr u
F ( tD
(u) License to Use Recreatio`:1 Trails. With respect to any Recreational Trails
designated by DECLARANT or the Association from time to time,each of the Owners shall
have a revocable license (the "Trail License") to use such Recreational Trails for
pedestrian purposes. The Association shall have the right to establish reasonable rules and
regulations relating to the use`, the Recreational Trails,and each Owner's rights under the
Trail License shall be subje`4 d subordinate to such rules and regulations. DECLARANT,
on behalf of itself and tl `'ssociation, a right to revoke the Trail License with
respect to any Recrea fir``. Trai any portion t any time(it being understood
and agreed that Recreational Trailsltesirtitts
be initially located upon land that may later be
converted to use for residential or other purposes). By acceptance of a deed within the
Properties, each Owner acknowledges that the removal or closure of any Recreational
Trail by DECLARANT (with the exception of a temporary closure for purpose of
maintenance or repair) shall operate as an immediate and automatic termination of the
Trail License relative to th,<?= reational Trail so removed or closed, and no written or
other further notice shall`'~necessary.2 n the expiration or termination of the Trail
License with respect t.,_) y R:- eationa hts of the Owners to use such
Recreational Trails 1,F imrnediatf''•,a
,-nninate. As an o the extent provided in Section
�.
5,1, the Association shall be responst:e for the maintenance and upkeep of certain
aspects of the Recreational Trails, for so long as such Recreational Trails are owned or
designated by either the DECLARANT or the Association.
Notwithstanding anything he,,-,-n to the contrary,no Owner shall be entitled to erect any
fence or any other structur- �thin any Recreational Corridor. Subject to the approval of
the ARC,an Owner sha,i a entitled toqiiltanescaping and irrigation facilities within
any portion of a Recr-,:tonal Co ' r lying withF!P^a�,undaries of such Owner's Unit,
but only to the extent' uch landscapin d/or irrigation facilities do not impede or impair
4filIrthe use and enjoyment of any Recreational Trail therein,as determined in the discretion
of the ARC.
Notwithstanding anything herein to the contrary, the designation of a Recreational
Corridor by DECLARANT1 'all not be deemed to impose any obligation upon
DECLARANT or the Ass• ation to ins maintain a Recreational Trail in that area.
(v) Storaus,i.f Personal erty. All lawn` tYfowers, bicycles, toys, grills and
other similar objects must be stored wheiot in use so as not to be visible by the Owners of
other Units or the users of any street,recreation area,Common Area,or Recreational Trails.
(w) Exterior Features and Structures. All exterior storage areas, laundry
facilities, utility areas, service rds or areas, carports, electrical meters,water meters,and
gas meters are to be screen.tit m view from streets and adjacent properties by an enclosure,
fence,wall or natural land 2`.e materials M
(x) Road e. The roai:�,.re to be used t, vehicles or pedestrians for the
purposes of transportation. The use of a" roads within Palmetto Creek shall be subject to
all applicable governmental rules, as well as any restrictions in the Governing Documents.
At no time shall any vehicle exceed the speed limit as determined by the Association or the
applicable governmental authority. No permanent, frequent, or long-term parking is
permitted along or on major roads and promenades except in specifically designated areas.
Any parking is also subject &ose rules in Section 11.5(e). The Association is entitled to
adopt reasonable rules a '''regulations a�''a g the supervision, maintenance, control,
regulation and use of roads promenatli rl enforce the same in any lawful
manner which may iiluude, but no limited to, the`imposition of fines for violations
thereof,which fines shall be Individual A`""essments and may be enforced in accordance with
the provisions of ARTICLE 9.
62077.4
22

t
PahttioInst # 313321 Book 2324Page: 1217
(y) DECLARANT'S Activities. This Section 11.5 shall not apply to any
activity conducted by the DECLARANT or its assigns with respect to its development and
sale of the Properties or any commercial activities of the DECLARANT or its assigns,
including any sales office m..;" .fined by DECLARANT or its assigns; and DECLARANT
shall be specifically autho h`"d to rent o ' any Unit which it owns or manages for other
Owners,and to maintai ‘`odel ,S.'ts or sa es ' ) y Unit which it owns or leases.
(z) Boats. Except as othe `>"•e provided in this subparagraph (z), the use of
boats or watercraft in excess of sixteen(16) feet in length is not permitted upon the ponds,
lakes and watercourses within the Palmetto Creek. The use of kayaks,canoes,skulling craft
or other such vessels exceeding sixteen(16) feet in length may be permitted on a case-by-
case basis subject to the approval of the Board(and, during the Class "B" Control Period,
subject to the additional app. •1 of the DECLARANT). The approval of the Board and/or
DECLARANT may be gro- d or withhe t.,Y��Fch party's sole and absolute discretion. The
use of gas motors will `e be al 41�ed; prove 8 electric trolling motors may be
used on permitted w craft. All .'f; and/or watercr�used or stored within Palmetto
Creek must be kept in excellent con. "on and in good order and repair and must be
acceptable in appearance to the Board and, during the Class "B" Control Period, to
DECLARANT. In the event DECLARANT or the Board determines that any boat or
watercraft does not satisfy the foregoing requirements or is otherwise inconsistent with the
Community-Wide Standard,the owner of such boat or watercraft shall be required to remove
same from Palmetto Creek : c'n forty-eight (48) hours (or upon such other timeline that
may be imposed by the Bpi': or DECLA( `rM In the event such owner does not comply
with such directive, D ,, •RA :4 or Boar.'R F'. [7 such boat or watercraft to be
,F
removed from Palmetti3` reek,in wh't r,, ase the full cost o such removal and any storage of
such craft shall be the sole responsi `ity of the owner of such boat or watercraft.
Notwithstanding the foregoing to the contrary,the use of boats upon the waters of Palmetto
Creek shall be subject to reasonable rules and regulations that may be promulgated by the
Board from time to time.
(aa) Recreational,;z'ethwa . Recreational pathways within the Residential
Community (including, b` of limited fi$, • -creational Trails) may be used only by
bikes,pedestrians,and`,?`.estria ving devic-V •1.`"q?,_ii,- quiet and otherwise satisfy the
requirements of this '?- tion. "Perin moving devices" used within the Residential
Community shall not exceed the size ora standard golf cart or touring cart used by the
DECLARANT or its assigns,nor shall any such devices exceed a weight of 15 pounds per
square foot dead load (or 100 pounds per square foot live load) if used on any wooden
pathways, including, but not limited to, boardwalks, bridges, ramps, decks or the like.
Persons using pedestrian mov.g devices upon wooden structures within the Residential
Community do so at their o`' risk; DECLARANT makes no representation of the weight
limitations of any such w`, :.en structure�L awes no liability for the operation of any
rt
vehicle or device upon•r..,�' struct 1 { � p
11.6 Stormwater Run Off Rules. All Units shall be subject to the State of North Carolina
rules and regulations concerning stormwater runoff as these rules are amended from time to time.
Without limiting the foregoing, DECLARANT hereby reserves the right to impose additional
restrictions upon the Properties as and to the extent required by the terms of the stormwater permit
for the Residential Community as issu, , by the State of North Carolina. Such additional restrictions
may be imposed by DECLARANTS the recorcki� of a Supplemental Declaration,and no joinder
or consent of the Association or •,,,,other Ownek i . hall be required on such Supplemental
Declaration. These regulatio -�:' rently p d_e: �07.,`Va
(a) The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit number SW8 050239, as issued by the Division of
Water Quality under MCAC WH.1000.
(b) The State of �� Carolina is made a beneficiary of these covenants to the
extent necessary to maintai ti::mpliance yt th the Stormwater management Permit.
(c) These -"tenants a =+ 4 run with thelattpd be binding on all persons and
parties claiming under ''em. ��,Fa,,,
62077.4 23

Inst It 31332T/iBook 2324Page: 1.218
(d) The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,Division of Water Quality.
(e) Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of ski ivision of Water Quality.
a R�C�
(f) For tho a ots wi' "Section# lmetto Creek (including, without
limitation,those Unite escribed on k,j- .lat referenced on Exhibit A attached hereto),the
maximum built-upon area per Unit is as ollows: 6,000 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, b does not include raised, open wood decking, or the water
surface of swimming pools. 4,
•s+ V
Subject to the terms • 4 r•�?onditi.` ‘f f the appli`aT�r'f t.,A a water permit(s)for such areas as
issued by the State of No Carolina, D • • NT reserves the right to establish different
maximum built-upon square footage limitationsf which may be applicable to other sections within
Palmetto Creek annexed at a later time.
ARTICLE 12
EASEMENTS
tiS 1B (�j�
12.1 Easements for , pities. e are here} /rr_` unto DECLARANT(so long as
the DECLARANT owns any Itoperty descrittke Exhibit A or any Future Development Property
which has been annexed into the Properties pursuant to the terms of these Protective Covenants),
unto the Association, and unto the designees of each, access and maintenance easements upon,
across, over, and under all of the Properties to the extent reasonably necessary for the purpose of
replacing, repairing, and maintaining any cable television system, any master television antenna
system, irrigation systems, any secur and similar systems, roads, walkways, bicycle pathways,
recreation pathways, trails,ponds, e-s, wetlan• drainage systems, street lights, signage,and all
utilities, including, but not limit0'to, water, s 'C•Lvt.I boxes, telephone, garbage pickup, and
electricity,irrigation and for `: urpose Calling any o'r� +L� going on property which it owns
or within easements designate. for such purpo 'n these Protective Covenants or on recorded plats
of the Properties. Any damage to a Unit resulting from the exercise of this easement shall promptly
be repaired by,and at the expense of,the Person exercising the easement rights. Utilities may not be
installed or relocated on the Properties,except as approved by the Board or DECLARANT.
12.2 Easement for UtiIit<+ lation. e���
(a) All of the, pe includf� CAE i�.Tl Common Area,shall be subject to a
perpetual non-exclusiv sement ater lines,s. l 1.ewers,storm drainage facilities,
telephone and electric power lines,tele ' n antenna lines,and other public utilities as shall
be established by the DECLARANT as may hereinafter be designated on any plat or replat of
parcels within the Residential Community whether the same be within the boundaries of any
Unit(s).
(b) Easements an.r>ghts of way over and upon the rear,front and side ten(10)
feet of each Unit for drain.;:''and the insulation and maintenance of utilities and services,
including, without limi •:z n, w.,,er, sewei , nd stormwater runoff facilities, are
reserved to DECLA'�`a� an. `' successorssl ssigns for such purposes as
DECLARANT may deem incident an; •:•.. opriate to its overall development plan. If the
side setback is less than ten (10) feet then the reserved easement shall be the width of the
setback. The easements and right of way areas reserved by DECLARANT on each Unit
pursuant hereto shall be maintained continuously by the Owner, but no structures or
plantings or other material shall be placed or permitted or remain upon such areas or other
activities undertaken thereo hich may damage or interfere with the installation or
maintenance of utilities or.-4~r services,or which may retard,obstruct or reverse the flow of
water or which may da, ge or�nterfere t hed slope ratios or create erosion
problems. Improveme within s eas also shal�ftintained by the respective Owner
except those for which a public authori utility company is responsible. These easements
and rights expressly include the right to cut any trees, bushes or shrubbery, make any
62077.4
24

ti
In.`:k4e-tifap21 Book 2324Paqe: 1219
gradings of the soil,or to take any other similar action reasonably necessary in the opinion of
the DECLARANT to provide an economical and safe installation. The DECLARANT shall
have no maintenance responsibilities for such easement areas.
(c) The DECLA!'NT reserves a perpetual, non-exclusive easement for the
installation, maintenance klarepair of w�� sewer, drainage and all other utilities within
the right of way of all , ` and •,eets andL h shown on the recorded plats of the
Property which ease U t may be e- .,;sed by DECL�TT or any public or private entity
charged with the responsibility of maint `':nce and repair.
(d) The Association hereinafter may grant easements for utility purposes for the
benefit of the Properties and the Units now or hereafter located thereon,over,under, along
and through the Common Areas. Provided, however that no such grant of easement shall
have a material adverse effe 471 the use,enjoyment or value of any Unit.
12.3 Easements to S c'e Ad ' 'anal P n s CLARANT hereby reserves for
itself and its duly authorized?ents,repres Ives, employees,° ccessors,assigns, licensees,and
mortgagees, an easement over the Common Ar for the purposes of enjoyment,use, access, and
development of any Future Development Property,whether or not such property is made subject to
these Protective Covenants. This easement includes, but is not limited to, a right of ingress and
egress over the Common Area for construction of roads and for connecting and installing utilities on
such property.
12.4 Easements for C • raina e. �CC3D)
+F, gl p
(a) Every:i nit and the U., mon Area sha e burdened with easements for
drainage of water runoff from other porti l s of the Properties;provided,no Unit Owner shall
alter the drainage on any Unit so as to materially increase the drainage of water onto adjacent
portions of the Properties without the consent of the Owner of the affected property.
(b) The Properties : e burdened with a permanent easement for the benefit of
the DECLARANT and its s ; ssors and assigns,for the stormwater runoff and drainage
facilities located on the P�y,-rties,inclu.l.l'_4�y t.ut limitation,any stormwater retention
ponds or ditches. Th *- asem '+,;.Fu cludes they '11, install, locate, maintain and
use pipes,conduits aria'pumps runnin'2<;,the stormwater retention ponds and other related
facilities located on the Properties.
12.5 Power to Grant Easements. Subject to the requirements of the Planned Community
Act,the Association shall have the power and authority to grant and to establish in,over, upon and
across the Common Area conveyed t`it such further easements as are requisite for the convenient
use and enjoyment of the property. y-k'Y
12.6 Easement for .��? . The ociation shaltae right,but not the obligation,to
enter upon any Unit for emerency,security, afety reasons,,to perform maintenance pursuant to
ARTICLE 5 hereof, and to inspect for the purpose of ensuring compliance with these Protective
Covenants, any Supplemental Declaration, the Articles, By-Laws, and the Rules and Regulations,
which right may be exercised by any member of the Board, the Association, officers, agents,
employees,and managers,and all policemen,firemen,ambulance personnel,and similar emergency
personnel in the performance of theiruties. Except in an emergency situation,entry shall only be
during reasonable hours and after ti ce to the Owner. This right of entry shall include the right of
the Association to enter upon and y nit to cure art er hazard in the event an Owner fails or
refuses to cure the condition._:'4 thin a ft,finable timef pest by the Board, but shall not
authorize entry into any singlfamily detach-.`r. elling without permission of the Owner,except by
emergency personnel acting in their official capacities.
12.7 Easement Maintenance. All maintenance of any water,sewer or drainage casement
shall be the responsibility of the Owner of the Unit on which said easement is located. No structure,
planting or other material shall be pla.;;. or permitted to remain which may damage or interfere with
the installation and maintenance old ilities, sewer or drainage facilities,or which may change the
direction of flow of drainage c 3;� els in the edilickkr� a easement area of each Unit and all
improvements in it shall be Of ntained is,,tinuously by" er of the Unit, except for those
improvements for which a pudic authority orgy company is responsible.
62077.4
25

4 ,:
"fn Inst Il 313321 Book 2324Page: 1220
12.8 Easement for Irrigation.
(a) There is hereby reserved for the benefit of the DECLARANT, the
Association,and their successors and assigns,a permanent exclusive easement and right(1)
to pump water from the laketiLAonds,waterways,basins,water table,wells,water dependant
structures and other bodi- ,,water locaK. on or under the Properties for the purpose of
irrigating any portion . .c e Pr., -rties, an. ~F' install, locate, maintain and use
wells,pumping statiot water towfi%-,.,ltration basins basiniVff tanks and related water facilities
and systems within the Common Are. '''and/or lands within the Properties owned by the
DECLARANT. The pumping or other removal of any water from any lake,pond,or body of
water wholly or partly within the Properties, for any purpose other than fire fighting and as
provided herein is prohibited without express written permission of the DECLARANT
and/or the Association.
c
(b) The Prope q,`is hereby + -. d with a permanent, exclusive easement in
v�'�o
favor of the DECLA'�`" and successo + +t: 1.e , for overspray and/or surface or
sub-surface flow of ter from ar gation system • 'ng the Properties. Under no
circumstances shall the DECLARANT&the Association be held liable for any damage or
injury resulting from said water,or the exercise of this easement.
12.9 Easements for Owner's Ingress and Egress. Every Owner, and his or her heirs,
successors,assigns,guests and licensees,shall have a perpetual,non-exclusive easement and right of
ingress and egress over and across a,e.f the roads and sidewalks located or to be located within the
Properties, as shown on any reco +`d plats of t1 ',. rty, for the purpose of providing vehicular
and pedestrian access to and e,- the '-,.s,erties. '1�; t� g the foregoing, DECLARANT
shall be entitled to restrict ac.� s on certain'•,:+s and sidewalks + DECLARANT's discretion,and
certain Villages may have restricted access and o" er Village-specific rules. Accordingly,the use of
such roads and sidewalks shall be subject to applicable Rules and Regulations.
12.10 Easement for Common Area Pathways. Each Owner,and their authorized guests or
invitees, shall have a perpetual, non- elusive easement for the use and enjoyment of any bicycle
paths, pedestrian paths, or natur-i:reserve trails, if any, which may be established by the
DECLARANT or the Associatio :+'thin the Co,:/n',nt. ;R a from time to time. Notwithstanding the
foregoing,DECLARANT shal .. entitle restrict ace' c' 'i -li orementioned improvements and
amenities in DECLARANTirdiscretion, 4,
ertain Villages may have Village-specific rules
therefor. Accordingly,the use of such improv ents and amenities shall be subject to applicable
Rules and Regulations.
12.11 Common Area Easement.
(a) Every Owner of a <,`�within the Properties,as an appurtenance to such Unit,shall
have a perpetual, non-exclusive ement over ,' ' _2 e Common Areas within the Properties
for each and every purpose o,;&.e to wsuch Co . `�+ were intended as determined by
their type, or for which suck Common Arienerally are used, including, but not limited to,
easement of access, maintenance, repair or replacement of the Common Areas. Such easements
shall be appurtenant to and shall pass with the title to every Unit located within the Properties,
whether or not specifically included in a deed thereto.
(b) An exclusive easeme1� is hereby established in favor of DECLARANT over all
Common Areas for access to adja•,,.''t properti s for the purposes of future development and the
installation of streets and public � ties,
�D
12.12 Easements for Adjacent Pro and/or Adjacent Amenities. Each Owner and
Member hereby acknowledges that DECLARANT, one or more affiliates of DECLARANT and/or
one or more principals or shareholders of DECLARANT or its affiliates may (but shall have no
obligation to) dedicate or grant easements on or relating to certain property adjacent to or in the
vicinity of the Properties for educational, conservation or similar uses. DECLARANT hereby
reserves the right to grant to third pa s reasonable easements of access over and across the streets,
sidewalks,Recreational Trails and 'mmon Areas on the Properties as and to the extent necessary
or appropriate for the full use an.Noyment of s 1
41ns or easements.
12.13 Easements R�i with the La'a, All easements and rights described herein are
easements appurtenant,running with the land,and shall inure to the benefit of and be binding on all
62077.4 26

�`' Inst # 3`I3 j Book 2324Page: 1221
undersigned, its successors and assigns, and any Owner, purchaser, Mortgagee and other person
having an interest in said land, or any part or portion thereof,regardless of conveyance,or in any
mortgage or trust deed or other evidence of obligation, to the benefit of and be binding on the
undersigned,its successors and assigns,and any Owner,purchaser,Mortgagee and any other person
having an interest in said land,or an art or portion thereof,regardless of whether or not reference
to said easement is made in the r-� c.tive deeds. krrr rveyance,or in any Mortgage or deed of trust
or other evidence of obligation,`?'t.a ea,., ents aandibed in these Protective Covenants.
4,33
AR 'CLE 13
MORTGAGEE PROVISIONS
13.1 Notice to Association. Upon request,each Owner shall be obligated to furnish to the
Association the name and address of the holder of any Mortgage encumbering such Owner's Unit.
13.2 Failure of Mortga to Responds Mortgagee who receives a written request
from the Board to respond to o 4tnsent : y actio ed to have approved such action
if the Association does not r.. ive a writteE`- onse within t�(30)days of the mailing of such
request,provided such request is delivered to t' Mortgagee by certified or registered mail,return
receipt requested.
ARTICLE 14
DECLARANT'S RIGHTS
14.1 Transfer of DECL 'S RigRighlpe or all of the special rights and obligations
ip
of the DECLARANT set forth •`these ^,1 ectiveCoF e By-Laws may be transferred to
other Persons, `provided that•?e transfers :�>F�ot reduce an o •anon nor enlarge a right beyond
that contained in these Protective Covenants or e By-Laws. No such transfer shall be effective
unless it is m a written instrument signed by the DECLARANT and duly recorded in the land records
of Brunswick County,North Carolina.
14.2 Rights of DECLA' ►T and Authorized Builders. Notwithstanding anything in
these Protective Covenants to the ", trary, so long as sales of Units by the DECLARANT shall
continue,the DECLARANT,an' ilders autho a rJe�: .DECLARANT,may maintain and carry on
such facilities and activities �'in th e opinion •fyrarCLARANT, may be reasonably
required, convenient, or inc'.`ntal to the 's-;.F,,.; ction or sale of such Units, including, but not
limited to,the construction and use of sales and .usiness offices,signs and model units,and the use
of any Common Areas and any facilities therein. The DECLARANT and authorized builders shall
have easements for access to and use of such facilities.
14.3 Rights to Alter. The is reserved by DECLARANT in these Protective Covenants
(including, without limitation, the t to annex property under ARTICLE 8 herein) include the
right to change,alter or designat- ' it(s),roads, /' . drainage facilities and easements,and to
change,alter or redesignate su,;.ther p t and propo T �i .j'es or facilities'as may in the sole
judgment of the DECL ' '� be necessa r desirable. T e rights reserved in this Section
specifically include the right of DECLARANT o redesignate, change, or alter any platted Unit(s)
into road(s).
ARTICLE 15
DURATION, ;i. •NDMENT AND TERMINATION
15.1 Units. Persons a�. ntities Sub 1i t Protective Covenants. All present and
future Owners,tenants,and o c.ants ots and their t.-.4-.oinvitees,Iicensees,employees or
agents, shall be subject to,'and shall com with the covenants, conditions, restrictions and
affirmative obligations set forth in these Protective Covenants,and as the Protective Covenants may
be amended from time to time. The Acceptance of a deed of conveyance or the entering into of a
lease or the entering into occupancy of any 1-lnit shall constitute an agreement that the provisions of
these Protective Covenants are accepted and ratified by such Owner,tenant or occupant and that they
will fully comply with the terms and c<; ditions of said Protective Covenants.
15.2 Duration and T- !are ation. The conditions, restrictions, and affirmative
obligations of these Protectiv,4 ovenan 11 inure to IfiraoTylfit of and be enforceable by the
DECLARANT, the Associat n, or the Own f any Unit, their respective legal representatives,
heirs,successors and assigns,for a term of forty(40)years from the date these Protective Covenants
62077A
27

e
_ 00 # �p'�,Book ?.324Page: 3.222
are recorded in the Brunswick County Registry,` after which date these Protective Covenants shall be
extended automatically for successive periods of forty(40)years,unless these Protective Covenants
are terminated as provided in§47F-2-118 of the Planned Community Act(provided that,during the
Class "B" Control Period, any termination shall also require the consent of DECLARANT). The
covenants,restrictions,conditions a ti'` rmative obligations of these Protective Covenants shall run
with and bind the land and shall . A any persoitjm at any time any interest or estate in any of
the Properties as though such . ision w1 a madeand every deed of conveyance or
lease.
15.3 Amendment. As long as DECLARANT owns any of the property, described on
Exhibit A or any Future Development Property, these Protective Covenants may be amended by
DECLARANT in its discretion. Retention of this right by the DECLARANT is not intended to
materially alter the general or common scheme of development for the property herein described but
to correct and/or modify situatio s$or circumstances which may arise during the course of
development. Thereafter,these Phi`ctive Cove E�� . , , be amended by vote of not less than sixty-
seven percent (67%) of the d ss "A' . embers, torment must be recorded at the
Brunswick County Registry irsuch an am' ent to be effectt4. In addition,the DECLARANT
may amend these Protective Covenants to annex G.ditional property and make it subject to the terms,
conditions, restrictions, obligations and covenants of these Protective Covenants as provided in
ARTICLE 8 herein.
No amendments may remov- revoke, or modify any benefit, right or privilege of the
DECLARANT hereunder without r ritten consent of the DECLARANT or the assignee of such
right or privilege. vt M Qi-g
15.4 Stormwater gkestrictions. 7' +twithstanding tfie foregoing to the contrary,
DECLARANT shall be entitled to unilaterally :mendthese Protective Covenants as provided in
Section 11.6 herein.
ARTICLE 16
COMPLIANCE WITH PROTECTIVE COVENANTS.THE ARTICLES
THE BYLAWS AND THE t, ES AND REGULATIONS OF THE ASSOCIATION
kfteticg
In the case of failure o„w Owneomply wttand provisions contained in these
Protective Covenants, the Afcles, the By- for Rules and Regulations of the Association, the
following relief shall be available:
16.1 Enforcement. The Association,the DECLARANT and any aggrieved Owner within
the Residential Community shall have the right to enforce by any proceeding at law or in equity,all
of the conditions,covenants and restr' ions of these Protective Covenants and the Articles,By-Laws
and Rules and Regulations of the ociation • d any and all laws hereinafter imposed pursuant to
the terms of these Protective C. nants. The ( <f:Tti rty shall be entitled to collect all costs
thereof, including reasonable��., omey's (which sha'Wtanermined using reasonable hourly
rates).
16.2 Remedies. The Association shall have the right to remedy the violation and assess
the costs of remedying same against the offending Owner as an Individual Assessment as provided in
ARTICLE 9 herein.
16.3 Sus.ension of Ric :". For any v.!lation by an Owner,including,but not limited to,
the nonpayment of any general, cial o indivi. (�4:j`:.. ent,the Association shall have the right
to suspend the offending
0 , r s vothiN• is and the •:: :(such Owner, his agents, lessees,
employees,licensees and invi ees of the Co. Areas and recreational facilities in the Residential
Community for any period during which a violation continues.
16.4 Fines. The Association may establish a schedule of fines for the violation of these
Protective Covenants,the Articles,By-Laws and Rules and Regulations. If an Owner does not pay
the fine within fifteen(15) days the ,:e shall be an Individual Assessment against the property and
may be enforced by the Associatio sue~ accordancdwith ARTICLE 9 herein and with applicable law.
r
16.5 Remedies CuV>alive. },emediesprrov�tlei this Article are cumulative, and
are in addition to any other remedies provid . aw.
•
62077.4 28

��� Inst #M` is ok 2324Page: 1223
..,fjF
16.6 Waiver. The failure of the Association or any person or Owner to enforce any
restriction contained in these Protective Covenants, the Articles, the By-Laws or the Rules and
Regulations shall not be deemed a waiver of the right to do so thereafter.
ARTICLE 17
F 'NERAL PROVISIONS
17.1 Common Are,,«� d Am`r':,'es. All o jmon Area and any other park,
recreation area, recreation f. s ity, dedicate s or other amenity appurtenant to the Properties,
whether or not shown and delineated on any recorded plat of the Properties, shall be considered
private and for the sole and exclusive use of the Owners of Units within the Properties. Neither
DECLARANT'S execution nor the recording of any plat nor any other act of DECLARANT with
respect to such area is,or is intended to be,or shall be construed as a dedication to the public of any
such areas,facilities,or amenities. ..
4.
17.2 Conflict. In th `vent"of an U.t`„t z.K _•ble conflict between these Protective
Covenants and the By-Laws Article�`•<,, the Associar� provisions of these Protective
Covenants shall control. `',,;.
17.3 Severability. Invalidation of any one of these covenants or restrictions by judgment
or any court, agency or legislative order shall in no way affect any other provision, covenants,
conditions or restrictions contained in these Protective Covenants.
0
17.4 Captions. The cap:~ precedin e various Articles of these Protective Covenants
are for the convenience of ref;.nee o ly, an '!•"NI' used as an aid in interpretation or
construction of these Protect Covens s used her , singular includes the plural and
where there is more than one Owner of a Um, id Owners are jointly and severally liable for the
obligations herein imposed. Throughout these Protective Covenants, references to the masculine
shall be deemed to include the feminine, the feminine to include the masculine and the neuter to
include the masculine and feminine.
17.5 Use of the Words "'r metto Creek". No Person shall use the words "Palmetto
Creek", "Palmetto Creek of the ct•linas", any ' ative or any other term which DECLARANT
may select as the name of the l}-lopm t or any ereof in any printed or promotional
material without the DECL v='1 's or ' ensee's prior consent. However,Owners may
use the words "Palmetto Creek" in printed or Promotional matter solely to specify that particular
property is located within the Properties and the Association shall be entitled to use the words
"Palmetto Creek"in its name.
17.6 Conflict with Planned Community Act. To the extent any provision of these
Protective Covenants is directly inc..ti`'stent with the terms of the Planned Community Act and such
provision of these Protective e( enants car easonably be reconciled with the Planned
Community Act, the terms of 'lann Commun %q,1.P�a controlling with regard to such
term.
[NEXT PAGE IS SIGNATURE PAGE]
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62077.4 29

F
7n
Inst # 313321 Book 2324Page: 1224
IN TESTIMONY WHEREOF,the DECLARANT has caused this instrument to be executed
in its corporate name as of the date first above written.
4'"
v
e N,„....
BY: 252pVt. `,f100(4 w..---
Presid
Fti�o
NORTH CAROLINA ��� `�D
NQ L J 4\)30l5atr COUNTY
I, i1 Av'vIr►s, S „A.toi 102_ , a Notary Public of the State and County
aforesaid, certify that j\,4,1*y. t ,C,r, 4.sc. r..- personally came before me
this day and acknowledged that •?''s ; . tL')6 - a North Carolina corporation, and
that by authority duly given .l as •the °�;kof the corppoothe foregoing instrument was
signed in its name by its 4 President ''>>„
WITNESS my hand and official seal this 3' day of—‘51/40wa4.,2006.
+, ,1,\,.
cl,A.,, ..
.' (tg�,,,, Notary Public tl
My commission expires: �'� Q
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�v C.1ARY
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62077.4
30

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EXHIBIT k2am7: q�
BEING ALLth 7operty described as"Palmetto Creek of the Carolinas Section Two,"es shown on
map thereof and dltdthre as rec= n MapCabinet 34ha 235-245 of the Brunswick County
Registry. Reference b said map:s ebyma&f Fp.je@±c#Gsritiom
f y. � $ 22
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62077.4

EXHIBIT B
Inst # 313321 Book 2324Page: 1226
Initial By-Laws of the Ass— _ -
BY-LAWS
'4,9,1 ME CREE
Article I Name,Principal Office,and Definitions
1.1 Name.
The name of the corporation is ,. metto Creek POA,Inc.(the"Association").
1.2 Principal Office. �>F `
The principal office or the Associate f, hall be located in Brunswick County, North
Carolina. The Association may have such other offices,either within or outside the residential
community of Palmetto Creek("Palmetto Creek"),as the Board of Directors may determine or as
the affairs of the Association may require.
1.3 Definitions.
CUl
The words used in thes y-La� shall b �!>i ° normal, commonly understood
definitions. Capitalized term . 1 have �''-<.,; e meaning as so forth in that certain recorded
Master Declaration of Protective Covenants for Pal'etto Creek(as amended from time to time,the
"Declaration"),unless the context indicates otherwise.
Article II Membership:Meetings,Quorum,Voting,Proxies
2.1 Membership. ‘ti�o
Every Owner shall be a `- ber of a f ssociation. 'gaftiil be only one membership per
Unit. If a Unit is owned by m:- than one Pe�''c,5 all co-Owners shall share the privileges of that
membership. The membership rights of an Owner which is a corporation,partnership or other legal
entity may be exercised by any officer, director, partner, or trustee, or by any other individual
designated from time to time by the Owner in a written instrument provided to the Secretary of the
Association, provided that only one person (and such person's immediate family members with
respect to membership rights other than` ting)may be designated to act in such capacity for such an
Owner at any particular time.
The Association shall Jde two clas f membership "A" and Class"B", as more
fully set forth in the Declaration. The provisio the Declaration pertaining to membership are
incorporated by this reference.
2.2 Place of Meetings.
Meetings of the Association s be held at the principal office of the Association or at
such other suitable place convene.<>+ the Membgtegie Board may designate.
2.3 Annual Meeting�`' "f:,,, 4
The first meeting of the Association,whether a regular or special meeting, shall be held
within one year after the date of incorporation of the Association. Subsequent regular annual
meetings shall be set by the Board in the same quarter of the Association's fiscal year on a date
and at a time set by the Board.
).o
2.4 Special Meetings. � LCti L
The President may call 4iecial meetings!addition,it shall be the duty of the President
to call a special meeting if so directed by resolution signed by a majority of the Board or upon a
62077.4
32

-41
� LJ ieti ,„
4c, I1]st Book 2324Page: 17.27
petition signed by Members representing at least 10% of the total Class "A" votes of the
Association.
2.5 Notice of Meetings.
ti
Written or printed notice : ng the placilrb, d hour of any meeting of the Members
shall be delivered,either perso j y or b -.,;LF ii,to each', _Eititled to vote at such meeting,
not less than 10 nor more thati.0 days befo ettin date of such meeting,by or at the direction of
the President or the Secretary or the officers or persons calling the meeting.
In the case of a special meeting or when otherwise required by statute or these By-Laws,
the purpose or purposes for which the meeting is called shall be stated in the notice. No business
shall be transacted at a special meetin, xcept as stated in the notice.
If mailed,the notice shal dee., d to bey� i b sn deposited in the United States
mail addressed to the Memb �` t his ad�i",, as it appears be Association's records, with
postage prepaid. �«
2.6 Waiver of Notice.
Waiver of notice of a meeting of the Members shall be deemed the equivalent of proper
notice. Any Member may waive,in f°ting,notice of any meeting of the Members,either before
or after such meeting. Attendant:+` a meetingl j: ember shall be deemed waiver by such
Member of notice of the time,d.:_,and p thereof, p T!Tt 4, , ember specifically objects to
lack of proper notice at the • '- the meeting led to order. . endance at a special meeting
also shall be deemed waiver of notice of all business transacted at such meeting unless an
objection on the basis of lack of proper notice is raised before the business is put to a vote.
2.7 Adjournment of Meetings.
If any meeting of the Ass.+:'tion cannco.e held because a quorum is not present, a
majority of the Members who ar./'esent,;t such r_, , adjourn the meeting to a time not
less than five(5)nor more th.;'L irty(311' from the + II('^ original meeting was called.
At the reconvened meeting,if a quorum is pres` any business may be transacted which might
have been transacted at the meeting originally called; provided, however, in the event any
meeting is adjourned and reconvened due to lack of a quorum, the quorum requirement
applicable to such reconvened meeting shall be one-half ('/2) of the quorum requirement
applicable at the meeting adjourned due to lack of a quorum.
If a time and place for rec. ening the a::tiM1 not fixed by those in attendance at the
original meeting or if for any/ison a date is '54Fi.z. convening the meeting after
adjournment,notice of the tim:>..d place for •,, vening the meeting shall be given to Members
in the manner prescribed for regular meetings.
Members present at a duly called or held meeting at which a quorum is present may
continue to do business until adjournment,notwithstanding the withdrawal of enough Members
to leave less than a quorum,provided at any action taken is approved by at least a majority of
the votes required to constitute a qu..ca'
2.8 Voting. 4z'' Lqfto
The voting rights of the Members shall be as set forth in the Declaration and in these By-
Laws,and such voting rights provisions are specifically incorporated by this reference.
2.9 Proxies.
Members may vote in pers' r by proxy,(?'.: to the limitations of North Carolina law
relating to use of general prox T and st ct to any��=_AlPr ,pp vision to the contrary in the
Declaration or these By-Laws... ' L`'
62077.4 33

• ��
�,,`' i; 3xt It 31 21� t 2324Page: 1228
Every proxy shall be in writing specifying the Unit for which it is given, signed by the
Member or his duly authorized attorney-in-fact, dated, and filed with the Secretary of the
Association prior to the meeting for which it is to be effective. Unless otherwise specifically
provided in the proxy, a proxy shall be presumed to cover all votes which the Member giving
such proxy is entitled to cast, and ',?-the event of any conflict between two or more proxies
purporting to covet the same vot '`tights,the 1aifskt $ roxy shall prevail,or if dated as of the
same date,both shall be deeme.k valid. zi ,,_
Every proxy shall be revocable and shall automatically cease upon:(a)conveyance of any
Unit for which it was given or(b)receipt by the Secretary of written notice of revocation of the
proxy or of the death or judicially declared incompetence of a Member who is a natural person,
from the date of the proxy,unless a shorter period is specified in the proxy.
,o
2.10 Majority. :'
��
As used in these By-L ,the to `'',;,ajority"shall sAli&those votes, Owners, or other
group as the context may indicate totaling more':-: 50%of the total eligible number.
2.11 Quorum.
Except as otherwise provided in these By-Laws or in the Declaration, the presence in
person or by proxy of Members r=a-)senting a majority of the total Class "A" votes in the
Association shall constitute a quo -.`at all Asso eetings.
�
2.12 Conduct of M- +ngs.
The President shall preside over all meetings of the Association, and the Secretary shall
keep the minutes of the meetings and record in a minute book all resolutions adopted and all
other transactions occurring at such meetings.
2.13 Action Without a M ,+'
Any action required or :- itted b to be taken at eting of the Members may be
taken without a meeting, without prior notice without a vote if written consent specifically
authorizing the proposed action is signed by Members holding at least the minimum number of
votes necessary to authorize such action at a meeting if all Members entitled to vote thereon were
present. Such consents shall be signed within 60 days after receipt of the earliest dated consent,
dated and delivered to the Associatio . Such consents shall be filed with the minutes of the
Association and shall have the samti rce and effect as a vote of the Members at a meeting.
Within 10 days after receiving au ,: zation for •'`0r‘"": , by written consent,the Secretary shall
give written notice to all Memb . entitl-'zt.,F. vote who�i` :;r_j e their written consent,fairly
summarizing the material fea s of the authJ'„,-y' action.
Article III Board of Directors:Selection,Meetings,Powers
A. Composition and Selection.
3.1 Governing Body;Co s osition.
The affairs of the Asso J:ion shal 'I`, •overned by a i -d of Directors, each of whom
shall have one(1)vote. Except with respect t.'Fdirectors appointed by the Class`B"Member,
directors shall be Members or residents; provided, however, no Owner, resident or tenant
representing the same Unit may serve on the Board at the same time. A"resident"shall be any
natural person eighteen (18) years of age or older whose principal residence is a Unit within
Palmetto Creek. If a Member is not a natural person, any officer,director,partner or officer of
such Member shall be eligible to se Ss a director unless otherwise specified by written notice
to the Association signed by such 4i ber;provi# Wember may have more than one such
representative on the Board at a . e, exc in the casein r
'`�� fa �s appointed by the Class"B"
Member. e a
62077.4
34

1 r
3.2 Number of Directors. Dist * 313321 Book 2324Page: 1229
The Board shall consist of one(1)to five(5)directors,as provided in Sections 3.3 and 3.5
below. The initial Board shall con t of one (1) director as identified in the Articles of
Incorporation.
r
3.3 Directors During ass`B b itrol Period.
Directors appointed by the Class`B"Member pursuant to Section 3.5 of these By-Laws
shall be appointed by the Class `B"Member acting in its sole discretion and shall serve at the
pleasure of the Class"B"Member.
3.4 Nomination and Elect i'Procedures.
arc
Prior to each election o a ector_;.,he Boa 1 Ll gibe the opening date and the
closing date of a reasonable ng period , ch each and every eligible person who has a
bona-fide interest in serving as a director may fi "as a candidate for any position to be filled by
votes of the Members. The Board shall also establish such other rules and regulations as it
deems appropriate to conduct the nomination of directors in a fair, efficient and cost-effective
manner. Nominations also may be permitted from the floor.
Except with respect to direr s selectecU y the Class "B" Member, nominations for
election to the Board may als f t ie m..e byi • Committee.'The Nominating
Committee, if any, shall consiJ;4. a Ch:' ``r: who shallleber of the Board, and three
(3)or more Members. Members of the Nonii s:',,g Committee shall be appointed by the Board
not less than thirty(30) days prior to each annual meeting to serve a term of one(1)year and
until their successors are appointed, and such appointment shall be announced in the notice of
each election.
The Nominating Committee ,v 'make as many nominations for election to the Board as
it shall in its discretion determine. r making it•Urv, Tns,the Nominating Committee shall
use reasonable efforts to nomis candi.'"t wF represen '� -V:1 c - sity which exists within the
pool of potential candidates.
Each candidate shall be given a reasonable, uniform opportunity to communicate his or
her qualifications to the Members and to solicit votes.
3.5 Election and Term of 0 ce.
Except as these By-Laws .y of ise sl � .vide, election of directors shall
take place at the Association's ual meekiotwithstan, other provision of these By-
Laws:
(a) Within thirty (30) days after the time that Class "A" Members other than
"authorized builders" own 25% of the total number of the planned Units in Palmetto Creek
(including, without limitation, any of the Future Development Property which may be annexed
thereto), or whenever the Class"B" �. • ber earlier determines,the Board shall be increased to
three (3) directors. The Presiden \4aall call for 1 ,ziff,gon by which the Class "A" Members
shall be entitled to elect one f the ,Fa (3) d /TG%remaining directors shall be
appointees of the Class"B"M '`-ber. The dir-'�». elected by the Members under this subsection
(a) shall not be subject to removal by the Class` :"Member(except as otherwise provided by
North Carolina law)and shall be elected for a term of two(2)years or until the happening of the
event described in subsection (b),whichever is shorter. If such director's term expires prior to
the happening of the event described in subsection (b), a successor shall be elected for a like
term.
tic
(b) Within thirty (o0�e'.ys aster th �igr Class "A" Members other than
"authorized builders" own 50 a�of the t , umber of t ie�ned Units in Palmetto Creek
(including, without limitation, any of the Futur`'f+%evelopment Property which may be annexed
thereto), or whenever the Class"B"Member earlier determines,the Board shall be increased to
five(5)directors. The President shall call for an election by which the Class"A"Members shall
62077.4 35

r 0
� $
_lost It Book 2324Page: ].230�
be entitled to elect two (2) of the five (5) directors. The remaining three(3)directors shall be
appointees of the Class`B"Member. Directors elected by the Members under this subsection(b)
shall not be subject to removal by the Class`B"Member(except as otherwise provided by North
Carolina law)and shall be elected for term of two(2)years or until the happening of the event
described in subsection(c)below, "chever is shorter. If such directors' terms expire prior to
the happening of the event desc : `d in subsectAtly49w, successors shall be elected for a
like term. ftcrD
(c) Within ninety (90) days after termination of the Class "B" Control Period, the
President shall call for an election by which the Class"A"Members shall be entitled to elect all
five(5)of the directors.
Upon expiration of the term o ffice of each director elected by the Members,Members
entitled to elect such director sh: .4'a entitled ip ct a successor to serve a term of two (2)
years. Directors elected by the 1mbe all holaraikegitLtheir respective successors have
been elected. g
3.6 Removal of Directors and Vacancies.
Any director elected by the Members may be removed,with or without cause,by the vote
of Members holding a majority of the ,otes entitled to be cast for the election of such director.
Any director whose removal is sou• ?``shall be _'ven notice prior to any meeting called for that
purpose. Upon removal of a + r, a success.r a•z5 e elected by the Members entitled to
elect the director so removed to�-i the va for the rem:u :LW the term of such director.
Any director elected by the Members who has three(3) consecutive unexcused absences
from Board meetings,or who is more than thirty(30)days delinquent(or is the representative of
a Member who is so delinquent) in the payment of any assessment or other charge due the
Association, may be removed by a majority of the directors present at a regular or special
meeting at which a quorum is presen„t d the Board may appoint a successor to fill the vacancy
for the remainder of the term.
In the event of the death,disability,o'' ., gnation of a director,the Board may declare a
vacancy and appoint a successor to fill the vacan until the next annual meeting,at which time
the Members entitled to fill such directorship may elect a successor for the remainder of the term.
This Section shall not apply to directors appointed by the Class "B"Member nor to any
director serving as Declarant's repres.v tative. The Class "B" Member or Declarant shall be
entitled to appoint a successor to ti?' any vac cy on the Board resulting from the death,
disability or resignation of a direc,`appo; ted b9V a representative of the Class'B"
Member or Declarant.
r•i�Fyia
B. Meetings.
3.7 Organizational Meetings.
The first meeting of the Boar.., lowing each annual meeting of the membership shall be
held within thirty(30)days thereaft $'.t such tim�ace as the Board shall fix.
L
15
3.8 Regular Meetin_t zea
Regular meetings of the Board may be held at such time and place as a majority of the
directors shall determine,but at least four(4)such meetings shall be held during each fiscal year
with at least one(1)per quarter.
3.9 Special Meetings.
I; Tr
Special meetings of the -Ward sha held when caVtr written notice signed by the
President or Vice President or l'a majority of irectors.
62077.4
36

r t�0
1'‘
VrUeG$ZVa
3.10 Notice;Waiver of Notice. Lest: 1 313321 Book 2324Page: 1231
(a) Notices of Board meetings shall specify the time and place of the meeting and,in
the case of a special meeting, the nacre of any special business to be considered. The notice
shall be given to each director by:, ; ersonal delivery;(ii)first class mail,postage prepaid;(iii)
telephone communication, either ectly to the rafgzto a person at the director's office or
home who would reasonably b!..;'"pecteNommunicate driftgice promptly to the director;or
(iv) facsimile, computer, "'.er optics order electronic communication device, with
confirmation of transmission. AlI such notices shall be given at the director's telephone number,
fax number, electronic mail number,or sent to the director's address as shown on the records of
the Association. Notices sent by first class mail shall be deposited into a United States mailbox
at least five (5) business days before the time set for the meeting. Notices given by personal
delivery, telephone, or other device : 1 be delivered or transmitted at least seventy-two (72)
hours before the time set for the m;; mg. UtiQf
(b) Transactions o y Board .'s ;; g,however call'and noticed or wherever held,
shall be as valid as though taken at a meetin•f".uly held after regular call and notice if(i) a
quorum is present and (ii) either before or after the meeting each director not present signs a
written waiver of notice, a consent to holding the meeting, or an approval of the minutes. The
waiver of notice or consent need not specify the purpose of the meeting. Notice of a meeting
also shall be deemed given to any dir for who attends the meeting without protesting before or
at its commencement about the lack .dequate notice.
3.11 Telephonic P ation iNigetings. "fti
Members of the Board or any committee designated by the Board may participate in a
meeting of the Board or committee by means of conference telephone or similar communications
equipment, by means of which all persons participating in the meeting can hear each other.
Participation in a meeting pursuant to this subsection shall constitute presence in person at such
meeting. ej
��?a
of
2,
3.12 •uorumofBo. .„.� Q
At all Board meetings, a majority of f directors shall constitute a quorum for the
transaction of business,and the votes of a majority of the directors present at a meeting at which
a quorum is present shall constitute the decision of the Board, unless otherwise specifically
provided in these By-Laws or the Declaration. A meeting at which a quorum is initially present
may continue to transact business, 11.4. 'thstanding the withdrawal of directors, if any action
taken is approved by at least a majt4 of the -'uired quorum for that meeting. If any Board
meeting cannot be held because+r=uorum is no majority of the directors present at
such meeting may adjourn the `eting to e not less T r (5)nor more than thirty(30)
days from the date of the orig'ial meeting. ;- reconvened meeting,if a quorum is present,
any business which might have been transacted at the meeting originally called may be transacted
without further notice.
3.13 Conduct of Meetings.
The President shall preside - all mee . the Board, and the Secretary shall keep a
minute book of Board meetin•} records g all : 1?r,6,444 ons and all transactions and
proceedings occurring at suchetings. °
3.14 Open Meetings;Executive Session.
(a) Except in an emergency,notice of Board meetings shall be posted at least forty-
eight(48)hours in advance of the meerig at a conspicuous place within Palmetto Creek which
the Board establishes for the posh , of notices relating to the Association. Notice of any
meeting at which assessments ar- + be establis fid #014ate that fact and the nature of the
assessment. Subject to the pro ions o"`:4.ktion 3.15 axtrd3 able law, all Board meetings
shall be open to all MemberS'and, if requir=i.,,, law, all Owners; but attendees other than
directors may not participate in any discussion or deliberation unless a director requests that they
62077.4
37

4tikka_ Inst # ?Aka Book 2324Page: 1232
be granted permission to speak. In such case, the President may limit the time any such
individual may speak.
(b) At regular intervals, a Board meeting shall provide Owners an opportunity to
attend a portion of a Board meetin: ,.o to speak to the Board about their issues or concerns.The
Board may place reasonable res..Sions on the i�R. .ersons who speak on each side of an
issue and may place reasonabllm e res 'ons on pers. riftakapeak.
(c) Except as otherwise provided in these Bylaws, meetings of the Board shall be
conducted in accordance with the most recent edition of Robert's Rules of Order Newly Revised.
(d) Notwithstanding the ,st ye,the President may adjourn any meeting of the Board
and reconvene in executive sessist~and may ude persons other than directors, to discuss
matters of a sensitive nature,sur.e s pen.'ng or tion,personnel matters,etc.
3.15 Action Without a Formal Meeti r'•
Any action to be taken at a meeting of the directors or any action that may be taken at a
meeting of the directors may be taken without a meeting if a consent in writing,setting forth the
action so taken, is signed by all of the directors,and such consent shall have the same force and
effect as a unanimous vote. tip°
C. Powers and Duties. '," ,742,44uQtidirl
D
3.16 Powers.
The Board shall have all of the powers and duties necessary for the administration of the
Association's affairs and for performing all responsibilities and exercising all rights of the
Association as set forth in the Decl• �.s'on,and as provided by law. The Board may do or cause
to be done on behalf of the Associ n all actsngs except those which the Declaration or
North Carolina law require toil - do , and ex sively by the Members or the
membership generally. J� ��
3.17 Duties.
Duties of the Board shall include,without limitation:
(a) preparing and adop ;?"'in accordance with the Declaration, an annual budget of
expenses(including,without limi .<,.n Commoiblikompd;
fG
�� C�o
(b) levying and co'': ting assessor-.:,,from the Owners;
(c) providing for the operation,care,upkeep, and maintenance of the Common Area
and the Recreational Trails consistent with the standards required by the Declaration;
(d) designating, hiring, . dismissing personnel necessary to carry out the
Association's rights and responsib�. es and w a propriate, providing for compensation of
such personnel and for the pur 4„4 of uipmentt, • * d materials to be used by such
personnel in the performance.,'i eir dutiee t
(e) depositing all funds received on behalf of the Association in a bank depository
which it shall approve; and using such funds to operate the Association;provided, any reserve
funds may be deposited,in the Board's best judgment in depositories other than banks;
(f) making and amend'.ftic use restrictions and rules in accordance with the
Declaration;
ems.
(g) opening bank ccounts on E falf of the Association and designating the
signatories required;
62077.4 38

a� *a„ Inst # Y� Book 2324Page: 1233
(h) making or contracting for the making of repairs, additions, and improvements to
or alterations of the Common Area and Recreational Trails in accordance with the Declaration
and these By-Laws;
(i) enforcing by legal GA s the provisions of the Declaration and bringing any
proceedings which may be ins $ted on bel(i% or against the Owners concerning the
Association; provided, the , `ciatio °.<<obligation 1 gard shall be subject to the
provisions of the Declaration
(j) obtaining and carrying property and liability insurance and fidelity bonds, as
provided in the Declaration, paying the cost thereof, and filing and adjusting claims, as
appropriate;
(k) paying the cost of alp, `-rvices rendered to the Association;
(1) keeping book-4 ith de accounts of Association's receipts and
expenditures;
(m) permitting utility suppliers to use portions of the Common Area reasonably
necessary to the ongoing development or operation of Palmetto Creek;and
(n) indemnifying a direc .a officer or committee member, or former director,officer
or committee member of the As20`iation, tori: t such indemnity is required by North
Carolina law,the Articles of In 5�:orati.'=,,•r the Dec : I? ,_/.
,F
J k ,_
3.18 Compensation.
Directors shall not receive any compensation from the Association for acting as such
unless approved by Members representing a majority of the total Class"A"votes(and,if during
the Class "B" Control Period, the C si,s "B" Member) at a regular or special meeting of the
Association. Any director may be�.`' bursed foU-xpenses incurred on behalf of the Association
upon approval of a majority of ' .ther irecto . ' 11ar, '
q-_ .- ein shall prohibit the Association
from compensating a director any en v`rth which a�� t\r is affiliated, for services or
supplies furnished to the Association in a caps , other than as a director pursuant to a contract
or agreement with the Association,provided that such director's interest was made known to the
Board prior to entering into such contract and such contract was approved by a majority of the
Board,excluding the interested director.
3.19 Right of Class"B"M:ac.er to Disapprove Actions.
So long as the Class"B",,,,embe :� exists,t -*Ilt.., -V Member shall have a right to
disapprove any action, polic e.r program v,-,,,e Association, i e Board and any committee
which,in the sole judgment of the Class`B"Member,would tend to impair rights of Declarant
or authorized builders under the Declaration or these By-Laws,or interfere with development or
construction of any portion of Palmetto Creek,or diminish the level of services being provided
by the Association.
(a) Notice. The Class" '' ember 4301 be given written notice of all meetings and
proposed actions approved at 'ngs or by ' insent in lieu of a meeting) of the
Association, the Board or anyy':mmittee. x�ch notice sha iven•by certified mail, return
receipt requested,or by personal delivery at the dress it has registered with the Secretary of the
Association, which notice complies as to Board meetings with Sections 3.8,3.9, 3.10,and 3.11
herein and which notice shall,except in the case of the regular meetings held pursuant to the By-
Laws,set forth with reasonable particularity the agenda to be followed at such meeting.
(b) Opportunity to be He. The Class"B"Member shall be given the opportunity
at any such meeting to join in or t. :ve its reprk-LeVies or agents join in discussion from the
floor of any prospective actio ., iolicy, ,, program i1� - ld be subject to the right of
disapproval set forth herein. 6-
62077.4 39

0
.F., Insi: # Book 2324Paqe: 1234
No action, policy or program subject to the right of disapproval set forth herein shall
become effective or be implemented until and unless the requirements of subsections(a)and(b)
above have been met.
The Class"B"Member, its sIresentatives or agents, shall make its concerns, thoughts,
and suggestions known to the B.: and/or the s of the subject committee. The Class
"B" Member, acting through s offic:>a,. r director,: plc).uthorized representative, may
exercise its right to disappro �at any timea,.'n ten(10)days ollowing the meeting at which
such action was proposed or, in the case of any action taken by written consent in lieu of a
meeting, at any time within ten (10) days following receipt of written notice of the proposed
action. This right to disapprove may be used to block proposed actions but shall not include a
right to require any action or counteraction on behalf of any committee, the Board, or the
Association. The Class `B"Membe�.hall not use its right to disapprove to reduce the level of
services which the Association i iF ligated ti9n.rovide or to prevent capital repairs or any
expenditure required to comply : app;cable a1'C;-!1?
3.20 Management. "<+t
The Board may employ for the Association a professional management agent or agents at
such compensation as the Board may establish,to perform such duties and services as the Board
shall authorize. The Board may delegate such powers as are necessary to perform the manager's
assigned duties, but shall not del .y a policy-making authority or those duties set forth in
Sections 3.17(a) (with respect to :':option of Lily-•_!et), 3.17(b), 3.17(f), 3.17(g) and 3.17(i)
herein.Declarant or its affiliate y be a toyed as m:�RrT'+;r 1; t or manager.
The Board may delegate to one of its members the authority to act on the Board's behalf
on all matters relating to the duties of the managing agent or manager,if any,which might arise
between Board meetings.
The Association shall not bed ound, either directly or indirectly, by any management
contract executed during the Clas Control period unless such contract contains a right of
termination exercisable by the }_ocia+' n wit '��t�,cause and without penalty, at any
time after termination of the J''ass `B" ", .of Period upoigigt more than ninety (90) days'
written notice.
3.21 Accounts and Reports.
The following management standards of performance shall be followed unless the Board
by resolution specifically dctcmun- , i erwise:
(a) accrual account' as de d by genergfl ` d accounting principles, shall
be employed;
(b) accounting and controls should conform to generally accepted accounting
principles;
(c) cash accounts of they ssociation shall not be commingled with any other
accounts;
(d) no remunerati�ashall b cepted by th 1naging agent from vendors,
independent contractors,or o ers providing g s or services to the Association,whether in the
form of commissions, finder's fees, service fees, prizes, gifts, or otherwise (Le., any thing of
value received shall benefit the Association);
(e) any financial or other interest which the managing agent may have in any firm
providing goods or services to the A. %iation shall be disclosed promptly to the Board;
(f) commencing at as: end of e quarter r4 first Unit is sold and closed,
financial reports shall be prep for the Asktration at least quaerly containing:
62077.4 40

�� 'N, Inst # 3133AZBook. 2324Page: 1235
(i) an income statement-reflecting all income and expense activity for the
preceding period on an accrual basis;
(ii) a statement reflecting all cash receipts and disbursements for the preceding
period; ��u
~
ti�
vLr
(iii) a variant-eport ti���'Qng the s`o�
th�accounts in an"actual"versus
"approved"budget format;
(iv) a balance sheet as of the last day of the preceding period;and
(v) a delinquency report listing all Owners who are delinquent in paying any
assessments at the time of the repo and describing the status of any action to collect such
assessments which remain delinq : (any asse..!'ent or installment thereof shall be considered
to be delinquent on the fifteen�; 5th)N. 5 folio'egkfi _ - date unless otherwise specified by
Board resolution);and 4- slu
(g) an annual report consisting of at least the following shall be made available to all
Members within one hundred twenty(120) days after the close of the fiscal year: (i) a balance
sheet; (ii)an operating(income)statement;and(iii)a statement of changes in financial position
for the fiscal year. Such annual report shall be prepared on an audited, reviewed, or compiled
basis, as the Board determines, byti° independent public accountant; provided, upon written
request of any holder,guarantor urer of anVi4�`.�Rortgage on a Unit,the Association shall
provide an audited financial st.sV•, ent. ,, ,,ing the hlefantrol Period,the annual report
shall include certified financial statements. '
Nn
3.22 Borrowing.
The Association shall have the power to borrow money for any legal purpose;provided,
however, the Board shall obtain „giber approval in the same manner provided in the
Declaration for Special Assessme tip. if the prqAosed borrowing is for the purpose of making
discretionary capital improvem:v:, and a totrA such borrowing, together with all
other debt incurred within ,�� revious nth period, a -s or would exceed ten percent
(10%)of the Association's budgeted gross exp s for that fiscal year.
3.23 Right to Contract.
The Association shall have the right to contract with any Person for the performance of
various duties and functions. This--','''it shall include,without limitation,the right to enter into
common management,operationa t r other agr _with trusts,condominiums,cooperatives,
or a Village Association ani,,i er o rs' or re-1•Jj' ociations, within and outside
Palmetto Creek. Any common managemen ement shall require the consent of a majority of
the Board.
3.24 Enforcement.
The Association shall have th ; ower,as provided in the Declaration,to impose sanctions
for any violation of the Declaratio .' o the extrint specifically required by the Declaration, the
Board shall comply with the foll,,> ng p •„cedure t osition of sanctions:
(a) Notice. The Board or its delaeNe shall serve the alleged violator with written
notice describing(i)the nature of the alleged violation,(ii)the proposed sanction to be imposed,
(iii) a period of not less than ten (10) days within which the alleged violator may present a
written request for a healing to the Board;and(iv)a statement that the proposed sanction shall be
imposed as contained in the notice unless a challenge is begun within ten(10)days of the notice.
If a timely request for a hearing is 4E?made,the sanction stated in the notice shall be imposed;
provided the Board may, but sh. not be obliWeejo, suspend any proposed sanction if the
violation is cured within the 1 0 i y peri . Such sus gri' la,�l not constitute a waiver of the
right to sanction future viola'„ s of the sam other provisions and rules by any Person.
62077.4 41

Icu'ns-wit
IF3-1-3`32°1��o23T_9Page= 1236(b) Hearing. If a hearing is rey� nm the allotted 10-day period, the hearing
shall be held before the Board in executive session. The alleged violator shall be afforded a
reasonable opportunity to be heard.Prior to the effectiveness of any sanction hereunder,proof of
proper notice shall be placed in the minutes of the meeting. Such proof shall be deemed
adequate if a copy of the notice,to:,?�er with a statement of the date and manner of delivery,is
entered by the officer,director,o $ent who de�J�uch notice. The notice requirement shall
be deemed satisfied if the al + 1 viol-,,, or its repY'eA appears at the meeting. The
minutes of the meeting shal ontain a wn • statement of a results of the hearing and the
sanction,if any,imposed.
(c) Additional Enforcement Rights. Notwithstanding anything to the contrary in this
Article,the Board may elect to enforce any provision of the Declaration by self-help(specifically
including,but not limited to,towing c.ides that violate parking rules)or,following compliance
with the dispute resolution proced ti�set forth J• the Declaration,if applicable,by suit at law or
in equity to enjoin any violation,,,..,'o re .ver mb es or both,without the necessity of
compliance with the proced = set forth'`•< .ve. In any ' action, to the maximum extent
permissible, the Owner or occupant responsi for the violation of which abatement is sought
shall pay all costs, including reasonable attorney's fees actually incurred. Any entry onto a Unit
for purposes of exercising this power of self-help shall not be deemed as trespass.
3.25 Board Standards.
In the performance of th-;:' .uties, Ass directors and officers shall be insulated
from personal liability as prov by „ Carofinn r4 ectors and officers of nonprofit
corporations,and as otherwise`.rovided in ' !eclaration. Directors are required to exercise the
ordinary and reasonable care of directors of a corporation,subject to the business judgment rule.
As defined herein, a director shall be acting in accordance with the business judgment
rule so long as the director(a)acts within the express or implied teens of the Declaration and the
Articles of Incorporation and his or actions are not ultra vires(i.e., outside the scope of the
director's authority); (b)affirmati undertak- to make decisions which are necessary for the
Association's continued and sub`sful basis, oa disclosesons are a y realde, eor potential
on an informed basis; (c) act•,-)n a disin`-
conflict of interests(pecuniary or other),and a'Sa'.s participation in decisions and actions when a
conflict exists; and (d)acts in a non-fraudulent manner and without reckless indifference to the
association's affairs. A director acting in accordance with the business judgment rule shall be
protected from personal liability.
Board determinations of thc. -actng, scope, and application of the Declaration and the
Articles
of Theo Boardrtion shall all,.?4,upheld an Li, ed so long as such determinations are
reasonable.
ise it' =..wer in a APP.�j:� iscriminatory manner and shall
adhere to the procedures esta.,:?shed in the ivy' .. ation and Artie es.
,fo
Article IV Officers
4.1 Officers.
Officers of the Associati hall .e a Prg rt-.R President,Secretary, and Treasurer.
The President and Secretary " be elec -"s=..m among :. ,embers;other officers may,but
need not be,Board members. The Board may`:«,.Dint such other officers,including one or more
Assistant Secretaries and one or more Assistant Treasurers, as it shall deem desirable, such
officers to have such authority and perform such duties as the Board prescribes. Any two(2)or
more offices may be held by the same person,except the offices of President and Secretary.
4.2 Election and Term of .fice.
Ur1n,Q
The Board shall elect t ssoci., n's officeffi4ibrzfrt Board meeting following each
annual meeting of the Memb ,to serve F'�:<f eir successors kfe elected. Notwithstanding the
foregoing,the initial officers shall be selected b."a written consent or directive signed by the one
62077.4 42

f ��O
ellpyrioq
0� Instslat21 Book 2324Page: 1237
(1) initial director and such officers shall serve at the pleasure of the Board until the Board's
expansion to three(3)directors as provided herein.
4.3 Removal and Vacancies.
The Board may remove ...`C officer wh�' its judgment the best interests of the
Association will be served, .��+c'may fi iy vacanc f a afface arising because of death,
resignation,removal,or other 'ise,for the urialkkired portion of the term.
4.4 Powers and Duties.
The Association's officers shall each have such powers and duties as generally pertain to
their respective offices, as well as s h powers and duties as may specifically be conferred or
imposed by the Board. The Presid `'t`shall be t1K chief executive officer of the Association. The
Treasurer shall have primary p � ary re��.nsibi'ty for the budget as provided for in the
Declaration and may delegati1 or part , e preparation otification duties to a finance
committee,management agent,or both.
4.5 Resignation.
Any officer may resign at any time by giving written notice to the Board,the President,or
the Secretary. Such resignation sha e effect on the date of the receipt of such notice or at any
later time specified therein, . unless otl> ss, specified therein, acceptance of such
resignation shall not be necess "to ma effective. �1 ,i c
4.6 Agreements,Contracts,Deeds,Leases,Checks,Etc.
All agreements,contracts,deeds,leases,checks,and other instruments of the Association
shall be executed by at least two (2) officers or by such other person or persons as may be
designated by Board resolution.
ti
4.7 Compensation. (�Q
Compensation of officers shall be su t to the same limitations as compensation of
directors under Section 3.18 herein.
Article V Committees
5.1 General.
The Board may appoi ;a'ch co .,fitte s asQropriate to perform such tasks
and to serve for such period the Bo. . ` %'. designate by resolution. Each committee shall
operate in accordance with the terms of such rso ution.
Article VI Miscellaneous
�c
6.1 Fiscal Year.
The Association's fis year sha the calen a' unless the Board establishes a
different fiscal year by resolution.
6.2 Parliamentary Rules.
Except as may he modified by Board resolution,Robert's Rules of Order(current edition)
shall govern the conduct of Associti .n proceedings when not in conflict with North Carolina
law.
62077.4 43

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Q- Er/g/tp. o
s
Lft
Inst # 33332I Book 2324Page: 1238
6.3 Conflicts.
If there are conflicts among the provisions of North Carolina law, the Articles of
Incorporation, the Declaration, and these By-Laws, the provisions of North Carolina Iaw, the
Declaration,the Articles of Incorpo :s n,and the By-Laws(in that order)shall prevail.
uM
6.4 Books and Rec
(a) Inspection by Members and Mortgagees. The Board shall make available for
inspection and copying by any holder, insurer or guarantor of a first Mortgage on a Unit, any
Member,or the duly appointed representative of any of the foregoing at any reasonable time and
for a purpose reasonably related to his or her interest in a Unit: the Declaration, the Articles of
Incorporation, the membership regis , books of account, and the minutes of meetings of the
Members,the Board,and committ :'. The Boaashshall provide for such inspection to take place
at the Association's office or • ch !ther p �,P,al metto Creek as the Board shall
designate. `"�F p
(b) Rules for Inspection.The Board shall establish rules with respect to:
(i) notice to be given to the custodian of the records;
(ii) hours and day c the week when such an inspection may be made;and
Ubkqe.r
(iii) payment, is a cos''-SyE reproduce mri=.j 'ts requested.
(c) Inspection by Directors. Every director shall have the absolute right at any
reasonable time to inspect all books,records,and documents of the Association and the physical
properties owned or controlled by the Association. The right of inspection by a director includes
the right to make a copy of relevant documents at the Association's expense.
6.5 Notices. UfiNztorz
Except as otherwise p. ded in t laration or L.y-Laws,all notices, demands,
bills, statements, or other communications un the Declaration or these By-Laws shall be in
writing and shall be deemed to have been duly given if delivered personally or if sent by United
States mail,first class postage prepaid:
(a) if to a Member or Member, at the address which the Member or Member has
designated in writing and filed with 4' Secretary or,if no such address has been designated, at
the address of the Unit of such M-,�3:er or Mem
(b) if to the Asso•;.'on,the Bo•'.,;r the managing agent, at the principal office of
the Association or the managing agent or at such`.ther address as shall be designated by notice in
writing to the Members pursuant to this Section;or
(c) if to any committee,at the principal address of the Association or at such other
address as shall be designated by noti in writing to the Members pursuant to this Section.
6.6 Amendment. (W,erg,, -aft)c "f;
(a) By Class"B"1V`�ember. Prior t: - •ination of the Class"B"Control Period,the
Class "B"Member may unilaterally amend these By-Laws. Thereafter, the Class "B"Member
may unilaterally amend these By-Laws at any time and from time to time if such amendment is
necessary(i) to bring any provision into compliance with any applicable governmental statute,
rule or regulation,or judicial determination;(ii)to enable any reputable title insurance company
to issue title insurance coverage on nits;or(iii)to enable any institutional or governmental
lender, purchaser, insurer or guar or of mort oans, including, for example, the Federal
National Mortgage Association edera Rome Lo �r�.i ,:{-corporation,to make,purchase,
insure or guarantee mortgageg\oans on th iits. Provide., y such amendment shall not
adversely affect the title to any Unit unless the efvner shall consent thereto in writing. So long
as the Class "B" membership exists, the Class "B" Member may unilaterally amend these
62077.4
44

, afterg
#
Ins
Book 2324Page: 1239
04)
By-Laws for any other purpose,provided the amendment has no material adverse effect upon any
right of any Member.
(b) By Members Genera . Except as provided above, these By-Laws may be
amended only by the affirmativ��ti►te or written consent, or any combination thereof, of
Members representing fifty-one ; ent(51%)o�dweClass"A"votes in the Association and
the consent of the Class"B" ����ber,it' h exists. a` v,the approval requirements set
forth in the Declaration shallte met,if app_ice. Notwithstanding the above,the percentage of
votes necessary to amend a specific clause shall not be less than the prescribed percentage of
affirmative votes required for action to be taken under that clause.
(c) Validity and Effective Date of Amendments. Amendments to these By-Laws
shall become effective upon recoW''on in the Brunswick County Registry, unless a later
effective date is specified there Any proce9 r challenge to an amendment must be made
within six(6)months of its recr°ation v said regi;FRS;: . .vkinendment shall be presumed to
have been validly adopted. event sic. , change of con.1 iler6ns or circumstances operate to
amend any provisions of these By-Laws.
No amendment may remove,revoke,or modify any right or privilege of Declarant or the
Class "B" Member without the written consent of Declarant, the Class "B" Member, or the
assignee of such right or privilege.
(d) Officers Autho ' iS o Prepare, `- Certify,and Record Amendments to the
Declaration and these By-La .:'`" In the ��; t an amen. 'Af E=u the Declaration and/or the By-
Laws is approved in accord.i ce with the I' ,,,; ation and/or these By-Laws, such amendment
shall be prepared, executed, certified and recorded in the Brunswick County Public Registry by
the President or Vice President of the Association.
CERTIFICATION
I,the undersigned,do herebrtify:
That I am the duly el , d and :i..;,,• Secretary Or '.etto Creek POA, Inc. a North
Carolina corporation; °rE '
That the foregoing By-Laws constitute the original By-Laws of said Association, as duly
adopted at a meeting of the Board of Directors thereof held on the$011 day of Ja.rtutar,c ,
2006.
IN WITNESS WHEREOF ` ave here bscribed my name and affixed the seal of
said Association this 3O'13' days;`' / '•,., 20 RN + D
9i [SEAL]
Secretary
62077.4
44

4.1 kTff1HJJ111111 volt( t0473 2a-2a1a
74:26:66.a02
wick County, NC Register of Candle age 1 ns
page 1 of 4
•
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AMENDMENT
TO MASTER DECLARATION OF PROTECTIVE COVENANTS
FO'l,„`,ALMETTO CREEK
Prepared by: Murchison,Taylor c��s1bso PLLC;Yt;'r5CO3Fh Avenue,Wilmington,NC 28401
STATE OF NORTH CAROL v» ?/COUNTY OF BRUNSWICK
This AMENDMENT TO MASTER DECLARATION OF PR TECTIVE COVENANTS
FOR PALMETTO CREEK (the "Amendment") is made this a8�ay of W/4
2010,by XDV,INC.,a North Carolina corporation("Declarant").
ITNESSETH: •
WHEREAS, the Declar• c ereto ore eitire,.../44e, aster Declaration of Protective
Covenants for Palmetto Creek, : 't caused same to be re'dfn:kin Book 2324,Page 1195,et
seq. in the Brunswick Count egistry (as '.>., ofore or hereafter amended, the "Protective
Covenants");and
WHEREAS,capitalized terms used herein shall have the same meanings ascribed to such
terms in the Protective Covenants unless otherwise defined herein;and
WHEREAS, Section 10.3 of Protective Covenants provide that all construction
activities on Lots shall be subject t�ti< e Designiidelines, which Design Guidelines shall be
adopted by the Architectural Revi n, ommittee "hand may be amended by the ARC
subject to the approval of the Bo _a,"of Dir s;and Ip
WHEREAS,that certain Supplemental Dec aration recorded in Book 2545,Page 6 in the
Brunswick County Registry, Declarant included on an exhibit, among other things, certain
minimum square footage requirements which had been adopted by the ARC as part of the Design
Guidelines at that time;and
WHEREAS,pursuant to the aut z,;. ly granted in Section 10.3 of the Protective Covenants,
the ARC,with the approval of the Bo•:'of Direct has amended the Design Guidelines in order
to modify situations and circumsta - whi h have .. ' the course of the development of
the Subdivision and to thereby raid}+ e stand of the Su. r jd
WHEREAS,Section 15.3 of the Protective Covenants provides that as long as the Declarant
owns any of the property described in the Protective Covenants,the Protective Covenants may be
amended by the Declarant in its discretion;and
93945 ti
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AC 11411111tHy:111111 Pla91IT56 "2
leiter of Deeds page 2 of 4
WHEREAS, the Declarant has determined that if and to the extent that the prior square
footage requirements were made part of the Protective Covenants,the amendment to the Protective
Covenants contained herein is necessary in order to reflect the amended Design Guidelines;and
NOW THEREFORE, in accord.;ce with its rights under Section 15.3 of the Protective
Covenants,the Declarant does hereby , nd the Protective Covenants as follows:
1. A new Section 100 is ad r: to the Vrtr' dtl;' fs wenants as follows:
s
"10.10 Minimum Size of Resii"ice; Variance. Residences must be
constructed with at least the amount of square feet of heated floor space shown on
the Exhibit A attached to the Supplemental Declaration (and reattached to this
Amendment), exclusive of porches, steps, walks, garages, carports, storage areas,
etc. In computing the number of square feet allowed as provided herein,no square
footage in any part of the dwelli _,that is constructed over a garage will be counted,
unless it is on the same utility), up as the main dwelling and is a finished part of
the constructed living space'he ARC mlYvZ $ 'ze in its discretion reasonable
variances of up to ten pe;,c t (10''=:, of the re•`a.T:� um square feet when
circumstances such as t graphy, nµ"'�,Y obstructions, or aesthetic or
environmental considerations require."
2. Declarant hereby declares that the Property shall be held, sold, and conveyed
subject to the Protective Covenants,as amended herein, which covenants shall run with title to
the Property and shall be binding on all parties having any right,title,or interest in the described
Property or any part thereof,and shall i re to the benefit of each owner thereof.
EXCEPT AS AMENDED .<"•"IN,the aft. ' Covenants shall be and remain in full
force and effect. t 1
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93945 ti> 2 n
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83016 PO4T5 07-29-2010
rr ,
'r 114 1111 1 {Il 1111 14:25:56.002
�� Branda N. Cleroroona
8r iek County, NC Register of Deeds page 3 of 4
XDV,INC.
" Robert .G.Ex ,President (SEAL)
STATE OF NORTH CAROL I altta4.0200)
COUNTY OF 23/1//U5uh
(County where acknowledgment taken)
I, l7ilw/e %J?• g{2r , a Notary Public in and for
B R2ibt/SWi eg Co , North Carolina, certify that Robert C. G. Exum
personally came before me this da d acknow1.4,v `� :the is President of XDV,Inc.a North
Carolina corporation, and that :uthor'',. duly giv•r s'x.: e act of the corporation, the
foregoing instrument was sign t. its name :' ' s President. o
WITNESS my hand and official seal this AS:lay of ,TAX/thri-R1J ,2010.
PeeZrZi
Notary blic
My commission expires:
Wye
NOTARY
PUBLIC t:
0CF)y
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93945 tiE~
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614U IIIII 1 1'11111111I III1 Pith P0416 29_Ze„
�[� 14:25:55.0
Brenda M. Clemmons
Bru.aick County, NC Register of Deeds page 4 of 4
EXHIBIT A
Phase I Section fti ' Minimum Minimum
# # Lot# <+ Sq.Ft. `1 a„Sq.Ft.for 2 Max BUJA
S story
/' �.��
One One 1,2,21-58 1,8 2,100 5,400
One One 3-20 2,000 2,400 6,500
1,2, 11-110,113-A
115,119, 122 ,,•``�
One Two
123,126, 1,,` 1,80(ilog 2,100 6,000
131, 13:4�'`6 'o r pifix)
3-10, 11 , 112, 1
116-118, 120,
One Two 2,000 2,400 6,000
121,124, 125,
127,132-137
One Three 1-10, 13-32,3, ` -
38-65�,� 1,450 �
`
ps 3330
11, 12,33,. ,36'
One Three 37
1,4 N/A 3,330
1-11, 14,25-29,
One Four
32-68 ii, 1,600 2,000 3,500
One Four 12, 13, 15-24,3 t4
31 1 160PA1jp ,000 3,500
I ?%% it t
93945 tiJ
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kvi. a tR ` SUPPLEMENTAL DECLARATION
TO MASTER DECL ' ION OF PROTECTIVE COVENANTS
FOti' 'ALMETTO CREEK
Prepared by: Murchison,Taylo :"Gibson .CC, 16 Nortl►ienue,Wilmington,NC 28401
kko
STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK
This SUPPLEMENTAL DECLARATION TO MASTER DECLARATION OF
PROTEC IVE FOR PALMETTO CREEK(the "Supplemental Declaration") is made this Oil
day of (l(1h1 ,2007,by tii. ,INC.,a North Carolina corporation("Declarant").
4
;,,�` W ES
WHEREAS, the Decl: : t heretoforeuted the Master Declaration of Protective
Covenants for Palmetto Creek,and caused the same to be recorded in Book 2324,Page 1195,et
seq. in the Brunswick County Registry(herein the"Protective Covenants");and
WHEREAS,in accordance with Section 11.6 of the Protective Covenants,the Declarant
has the right to amend the Protective Covenants for the purpose of imposing additional
restrictions upon the Properties as : ,°o the extent required by the terms of the stormwater
permit issued by the State of North t olina;and
WHEREAS, in connect, with Sta ktormwater Mkiament Permit Number SW8
050239 issued to the Declarant from the Divis% of Water Quality ("DWQ") under NCAC
2H.1000,DWQ is requiring that the Protective Covenants be amended to include the rules and
regulations as provided in this Supplemental Declaration;
NOW THEREFORE, in accordance with its rights under Section 11.6 of the Protective
Covenants,the Declarant does hereby and the ProtectiUht,ivve�
;•'o Covenants as follows:
1. The first senten f"Arfige 11, Secl7S 71 is hereby deleted in its
entirety and replaced by the f i owing:
"(f) The maximum built-upon area per Lot is described in Exhibit A attached
to this Supplemental Declaration."
71066 ivE I
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ah I�,ilort �IIII IIII III III EN ?�@?10 9Onc26B000
unewle aunty. NC Register of Deeds page 2 of 3
2. Declarant hereby retains and shall have the unilateral right, by Supplemental
Declaration,to amend the Protective Covenants as DWQ shall reasonably require in connection
with stormwater management permits a r.licable to the Property.
ti;'
3. Declarant hereby der es that th 'llgy shall be held, sold, and conveyed
subject to the Protective Coy-,c;, ts, ascended by'tlj sraftiemental Declaration, which
covenants shall run with title W. e Property mall be binding on all parties having any right,
title, or interest in the described Property or any part thereof, and shall inure to the benefit of
each owner thereof.
EXCEPT AS AMENDED HEREIN,the Protective Covenants shall be and remain in full
force and effect.
XDv,u ( ; .CRZ. )
417
By: G-� _ (SEAL)
Robert C. .Exum,Pr ldent
NORT-•i CAROLINA
dku),S,14)vi1Ei2 CO �'
' r/iaQa
I, Di*iVC m. .� 1.441er "����
a Notary PuTilic of the State and County
aforesaid,certify that Robert C.G.Exum persona came before me this day and acknowledged
that he is President of XDV,INC.,a North Carolina corporation,and that by authority duly given
and as the act of the corporation, the foregoing instrument was signed in its name by its
President.
zalt
WITNESS my hand and official,. al this AT day of trANGSAV ,2007.
`+`� Notar u lic
My commission expires:
et
72068 ,�4vt
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`� 11111 JQ 1111111111182545F00 801-Z9-2001�� 88a,Bruneulek CCCaunt , C RiWLjiir of Deeds page 3 of 3
EXHIBIT A
Phase Section ��,� Minimum Minimum
# # Lot# �� Sq.Ft.t$3 Ft.for 2 Max BUA
,"' ;,tory Ipl
One One 1,2,21-58 1,800 2,100 5,400
One One 3-20 2,000 2,400 6,500
1,2, 11-110, 113-
One Two 115, 119, 12 ,''
123, 126, .- 1+80SCo 2,100 6,000
131, 13:;446 % Napa � nra
3-10, 111, 112,
116-118, 120,
One Two 2,000 2,400 6,000
121, 124, 125,
127, 132-137
1-10, 13-32,�,;
One Three 6411 �
38-65. 450 D 3330
One Three 11, 12'33,' 4,36,
37 1,4 N/A 3,330
1-11, 14,25-29,
One Four
32-68 0: 1,60t 2,000 3,500
One Four 12, 13, 15-24, /� '
31 `' 4k 1,600' �?�ap0 o 3,500
�` �� kD
nobs � 3 ;v
' �Q0S�
4., ��
�;,S.
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page 1 of 1
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SUPPLEMENTAL DECLARATION
TO MASTER DECLARATION OF PROTECTIVE COVENANTS
FOR PALMETTO CRE ANNEXING ADDITIONAL PROPERTY
-.."-
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK ,r's � C� �
XDV, INC., a North Car olina corporatio ,4 erein "DECLARANT"), heretofore executed the
Master Declaration of Protective Covenants for Palmetto Creek,and caused the same to be recorded in
Book 2324, Page 1195, et seq.in the Brunswick County Registry(herein the"Protective Covenants");
and
WHEREAS, in accordance with Sec ion 8.1 a of the Protective Covenants,the DECLARANT
has the right to amend the Protective `4 ants for the purpose of annexing additional property into the
Properties;and ��ti ��
WHEREAS, DEC • • - desires ', Inex intootthelFl
• .:r,'es the real property described
herein and subject such real prop`' to the lien of i``aa,'rotective Covenants.
NOW,THEREFORE,the DECLARANT does hereby amend the Protective Covenants to annex
all of the following real property into the Properties and thereby subject such real property to the lien of
the Protective Covenants:
BEING ALL of Lots 1 througn ,Palmetto Creek of the Carolinas Section Three,
as shown on that map record* Map Cab'I jv Pages 112- 113 of the Brunswick
County Registry, referent 7,;'. whi map is r i.i7ILinade for a more particular
description_ 'C) ' ��sCC��
N.
Except as amended herein, the resaid Protec've Covenants shall be and remain in full force
and effect. This the d q day of ,2007.
XDV,INC.
ti` Robed um, sident
NORTH AROLINA .��,. �V ZIft. ,o
iiecL NORTH,
COUNTY
1, rn Pa. ' ll�e7t' a Notary Public of the State and County
aforesaid,certify that Rob rt C.G.Exum personally came before me this day and acknowledged that he is
President of XDV,Inc.,a North Carolina corporation,and that by authority duly given and as the act of
the corporation,the foregoing instrument w.s signed in its name by its President.
ti
WITNESS my hand and official thisJf 2007.
Ja��
otary P tic. •
otimi n igan:i t Na
me: m y Ca. r
. /44,,,ilgr--
rq} commission expires: \‘‘‘MaN iy-0q4/O ... .4� .... 'tp
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.yam �!` " v
J� N C.• `` S:
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65182v4
Prepared by: Murchison,Taylor&Gibson,PLLC
16 North Fifth Avenue,Wilmington,NC 28401

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•.4.T r a li i1H i,1 l Brunswick County—Register of Deeds
p ,�(lll;>,.r,�;; iy`1� Robert J. Robinson
%,•t, ? "I'll Inst 11313321 Book 2324Page 1195
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MASTER DECLARATION OF PROTECTIVE COVENANTS Xi7
FO .'ALMETTO CREEK f9
23
•
Prepared by: Murchison,Taylor&Gibson,P
16 North Fifth Avenue,Wilmington,NC 28401
NORTH CAROLINA
BRUNSWICK COUNTY t '
. THIS MAST DECLA , . a N OF PRR CTIVE COVENANTS FOR
PALMETTO CREEK(these"Protective Covenan'`:")is made this 30+1+ day of January,2006,by
XDV,INC.,a North Carolina corporation("DECLARANT").
DECLARANT is the owner of the real property described in Exhibit A, which is
attached hereto and incorporated by ref`ience. These Protective Covenants impose restrictions upon
the Properties (as defined in ARTI ,. 1)under a general scheme of development for the mutual
benefit of the owners of each porti ,t•f the Propel e
-4 %can
DECLARANT hereby declare t all of the property described in Exhibit A and
any additional property subjected to these Protective Covenants by Supplemental Declaration shall
be held, sold,used and conveyed subject to the North Carolina Planned Community Act and to the
following easements,restrictions, covenants,and conditions,which shall run with the real property
subjected to these Protective Covenants. These Protective Covenants shall be binding on and shall
inure to the benefit of all parties hav'g any right, title or interest in the Properties or any part
thereof their heirs,successors,and. ' u s.
`. TICLLE 1 'E. aD
DE IONS
The terms used in these Protective Covenants shall generally be given their natural,
commonly accepted definitions except as otherwise specified. Capitalized terms shall be defined as
set forth below.
1.1 "ARC": the Archite• 1 0
al Review Committee as described in ARTICLE 10 herein.
tv
1.2 "Articles of I :�'.oration ,"Articles' fha les of Incorporation of Palmetto
Creek POA,Inc., as filed with the North Caro ,Secretary of State,and as may be amended from
time to time.
1.3 "Association": Palmetto Creek POA, Inc., a North Carolina nonprofit corporation,
its successors and assigns formed or to be formed by the DECLARANT as a property owners
association for Owners (as defined<I Section 1.22), all of whom shall be members of the
Association.
1t vim,
. 1.4 "Board of Dir. rs" or"t3 and": whether ac ed of one or more directors, the
board governing the Association and managing affairs of the Association.
RET'►r►TG
`IsTOTAL/q6' REV TC#_3i--
REC# CK AMTLr!4"CK#SR___.
62077.4 CASH REF 11Y

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st: $?21 Book 2324Page: 3196
1.5 "Business" and/or "Trade": shall be construed to have their ordinary, generally
accepted meanings and shall include,without limitation,any occupation,work or activity undertaken
on an ongoing basis which involves the provision of goods or services to persons other than the
provider's family and for which the provider receives a fee, compensation, or other form of
consideration.
1.6 "By-Laws": the,I -Laws` ,;,Palmetto Ch'irjnc.,as they may be modified or
amended from time to time. e initial By- .''are attached hereto as Exhibit B and incorporated
herein by reference.
1.7 "Class"B"Control Period": the period of time during which the Class"B"Member
is entitled to appoint a majority of the members of the Board of Directors as provided in Section 3.3.
1.8 "Common Area": :`1 real and ,r, o o.erty which the Association owns or
leases for the common use ar.14, joyme the Mem.eT,(Wing,however, any Recreational
Trails (as defined in Section".28 herein) wfi ECLARANT or the Association may maintain
within the Properties from time to time.
1.9 "Common Expenses": the actual and estimated expenses incurred or anticipated to
be incurred by the Association for the general benefit of all Units,including any reasonable reserve
and actual and estimated expenses �.f maintaining and operating the Common Areas, any
Recreational Trails,conservation and: ffer areas and landscaped areas within road right of ways,as
the Board may find necessary an''.propriate put r !iIP, e Protective Covenants the By-Laws,
and the Articles of IncorporatioF' cludin following: ftliG
(a) All sums lawfully assessed by the Association against its members;
(b) Expenses of administration, maintenance, repair or replacement of the
Common Areas,the Recreational Trails,and the stormwater system;
p
•
(c) Expenses d :red to be„gImmon Expenses by the provisions of these
Protective Covenants or •�`ay-La‘ vI1VCSapy,
cifte
(d) Expenses agreed by ttiitt members to be Common Expenses of the
Association;and/or
(e) Any ad valorem taxes and public assessments levied against the Common
Area.
Common Expenses shall not inclu.:.~ny expensehiwurred during the Class"B"Control Period for
initial development, original ,,, .nstru ion, m kratiotirg infrastructure, original capital
improvements,or other origin. onstructio G is unless approH y Voting Members representing
a majority of the total Class"A"vote of the Asso"r tion.
1.10 "Community-Wide Standard": the standard of conduct, maintenance, or other
activity generally prevailing throughout the Residential Community. Such standard may be more
specifically determined by the Board of Directors and the ARC.
1.11 "DECLARANT": �<40V, Inc., a ���h Carolina corporation, together with such
successors or assigns of DEC 1. shoul. .. Ftti ,,, - than one undeveloped Unit from
the DECLARANT for the pu a of develo f"., t and who are 15 fically granted DECLARANT's
rights hereunder.
1.12 "Design Guidelines": the architectural design guidelines and procedures set forth in
ARTICLE 10 or adopted by the ARC pursuant to ARTICLE 10 and applicable to all Units within the
Properties.
1.13 "Future Develo m ro er ": alnekproperty within a one(1)mile radius of the
real property described on Exhi ' attaclhereto anTradtpokated herein by reference.
uv
1.14 "Governing Documents": consist of the following, as they may be amended or
modified from time to time: the Protective Covenants, the Articles of Incorporation,the By-Laws,
62077.4 2

LLQ,
* Ins L 21 Book 2324Paqe: 1197
any Supplemental Declarations, the Design Guidelines, the Rules and Regulations, Board
resolutions,and recorded plats of the Property.
1.15 "Individual Assessment":assessments levied in accordance with Section 9.6 of these
Protective Covenants. t"
1.16 "Limited Commas Area portions��tetat 2 . Area which the Association or
DECLARANT has designated,s designates'P+•, e common use.P. enjoyment of one or more,but
less than all, of the Members (including, witho "limitation, Common Area intended to benefit a
particular Village or Villages).
1.17 "Master Association Assessment": assessments levied on all Units subject to
assessment under ARTICLE 9 to fund Common Expenses for the general benefit of all Units.
1.18 "Member": a Per P entitled t. p, . rship in the Association, as provided in
Section 3.2. IPS +fir
•
1.19 "Mortgage": a mortgage,a deernt trust,a deed to secure debt,or any other form of
security deed.
1.20 "Mortgagee": a beneficiary or holder of a Mortgage.
1.21 "Mortgagor": any Pe :; who gives a Mortgage.
1.22 "Owner":the r- '• Own Nether one Oti r : ;& sons or entities,of a fee simple
title to any Unit which is a .0 of the Prop s, including con act sellers, but excluding those
having such interest merely as security for the per ormance of an obligation.
1.23 "Palmetto Creek": the development created or to be created on the Properties.
1.24 "Person": a natural =i"� on, a corporation, a partnership or limited partnership, a
limited liability company or partn; ` p,a trustee,' or any other legal entity.
1.25 "Planned Co '1unity Act": rth Carolina Planned Community Act(N.C.G.S.
§47F-1-101 et seq.),as same may be amended from time to time.
1.26 "Property" or"Properties": the real property described in Exhibit A,together with
such additions thereto(including,without limitation,portions of the Future Development Property)
as may hereafter be brought within the' risdiction of the Association by the filing of a Supplemental
Declaration.
1.27 "Protective Cov;-,' nts": s can this insnimiMpas it may from time to time be
amended or supplemented.
1.28 "Recreational Trails": any scenic or recreational pathways and trails that may be
designated on the Properties from time to time by DECLARANT or the Association for the use and
benefit of the Owners in accordance with the terms and conditions of Section 11.5(u)herein. The
term"Recreational Corridor"shall refs to any area designated on a plat of the Properties recorded
by DECLARANT in which DEC: sha-llhave the right, in its discretion, to install a
Recreational Trail. v��Q
1.29 "Residential Community": thedential development created or to be created on
the Property.
1.30 "Rules and Regulations": the rules and regulations adopted by the Board governing
land use, individual conduct and uses or actions upon the Property, as they may be amended or
supplemented from time to time.
1.31 "Service Assess r ': ass ssmenta cordance with Section 9.13 of these
Protective Covenants. /uw
62077.4 3

v
e ti
J� Insets40321 Book 2329Page: 11.98
1.32 "Special Assessment": assessments levied in accordance with Section 9.5 of these
Protective Covenants.
1.33 "Supplemental Declaration": an amendment or supplement to these Protective
Covenants filed pursuant to ARTIC 8 which subjects additional property to these Protective
Covenants and/or imposes, expre or by reference changes to or additional restrictions and
obligations on the land describe.„1 rein. '�°'s•- 6 `Z.,
J' V L ��
1.34 "Unit": a portion of the Propertie ,whether improved or unimproved,which may be
independently owned and conveyed and which is intended for development,use,and occupancy as
an attached or detached residence for a single family. The term shall refer to the land,if any,which
is part of the Unit as well as any improvements thereon. The term shall include, by way of
illustration but not limitation,condominium units,townhouse units,cluster homes,patio or zero lot
line homes, single-family detached *a••es on separately platted lots, and single family residential
lots. ��� ����
Subject to the terms an, conditions oi+ a Protective Covenants,Units may be combined,
further subdivided, and/or recombined, and bounary lines of Units may be changed, only by the
recording of a plat or other legal instrument further subdividing or resubdividing the parcel of
property. In the absence of recording such a legal instrument, ownership of adjacent Units by the
same Owner shall not permit such Units to be treated as a single Unit for purposes of voting and
assessment,notwithstanding that such I its may be improved with a single structure.
ti
1.35 "Village": two or .re Units wh 'nterests other than those common to all
Units, as more particularly des -d in ion 3.4. } TRF;xQ.G lustration and not limitation, a
condominium development, wnhome dev ent, patio home development, cluster home
development, or single-family detached housing development might each be designated by the
DECLARANT as separate Villages, or a Village may be comprised of more than one housing type
with other features in common.
Where the context permits or `;quires, the term "Village" shall also refer to the Village
Committee, if any, established in t`cordance with the By-Laws, or the Village Association
established to act on behalf of th},,, wners of Un lit,'Li Village. Village boundaries may be
established and modified as pro `din Se 3,4. L deD
1.36 "Village Assessments": assessments levied by the Association against the Units in
particular Village or Villages to fund Village Expenses as described in ARTICLE 9.
1.37 "Village Association": any condominium association or other owners association
having jurisdiction over any Village.
1.38 "Village Declara : a decla A;. ��`:� in compliance with the Planned
Community Act (or the North,.'.rolina t 0. 'nium Ac .S. §47C-1-101 et seq.), as the
case may be) and Section 3.4' erein encumbe''',,;,and restricting a Village within the Residential
Community.
1.39 "Village Expenses": the actual and estimated expenses incurred or anticipated to be
incurred by the Association for the benefit of the Owners and occupants of Units within a particular
Village or Villages,which may include< reasonable reserve for capital repairs and replacements,as
the Board may specifically autho``E' and as my be authorized herein or in Supplemental
Declarations applicable to the Vies. d eat
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ARTICLE 2
PROPERTY RIGHTS
2.1 Every Owner shall have a right and nonexclusive easement of use, access, and
enjoyment in and to the Common Are„?,and for ingress and egress to and from the Common Area,
which shall be appurtenant to an. :ass with th,�title to every Unit, subject to the following
provisions: ,` �Q
(a) The Governing Documen
62077.4
4

Inall''� Book 2324Page: 1199
'ktk,
(b) Any restrictions or limitations contained in any deed conveying any portion
of the Common Area to the Association;
(c) The right of the Board to adopt rules regulating the use and enjoyment of the
Common Area and improvem V: thereon,including rules restricting use of the recreational
facilities within the Comm a:•rea to occ L of Units and their guests and rules limiting
the number of guests wh. ay use, ,e Comm right of the Board to establish
penalties for any infrac s thereof;
(d) The right of the Board to suspend the voting rights and the right to use the
Common Areas and the recreational facilities within the Common Area by an Owner(i)for
any period,during which any assessment(s) secured by a lien against such Owner's Unit
remains unpaid,and(ii)for a period not to exceed sixty(60)days for a single violation of the
Governing Documents(other ,+t) a failure to pay any charges or liens due),and(iii)for any
period greater than sixty(6e ".ays in the any continuing violation,of the Governing
Documents,after notice :,_' a hea a .ursuant s•
,44
(e) The right of the Associatio,acting through the Board,to dedicate or transfer
all or any part of the Common Area pursuant to Section 4.7;
(I) The right of the Association,acting through the Board, to mortgage,pledge,
or hypothecate any or all of its al or personal property as security for money borrowed or
debts incurred, subject to the- proval requirements set forth herein and the rights of such
Mortgagees in said prop- =`s shall be l iate to the rights of the Unit Owners
hereunder;and 4s- ri
o
(g) Easements as provided in ARTICLE 12.
2.2 Any Owner may extend his or her right of use and enjoyment to the members of his
or her family,lessees,contract purchasers and social invitees,subject to reasonable Board regulation.
An Owner who leases his or her Unit s `I be deemed to have assigned all such rights to the lessee of
such Unit for the duration of the 'e and an such lessee shall abide by all the restrictions
contained herein. Any such least all not rel-!/•",1 {v�ner of his liability for damage to the
Common Area caused by said 1--e. %At. —114- ca
ARTICLE 3
ASSOCIATION FUNCTION,MEMBERSHIP AND VOTING RIGHTS
3.1 Function of Association. The Association shall be the entity responsible for
management,maintenance,ownershi .eration and control of the Common Area owned or leased
by the Association within the Prop-�^s. The Ass ,y�r shall be the primary entity responsible for
enforcement of these Protective R enantnd such • • -s regulating use of the Common
Areas owned or leased by the _?ociation an' use of the Pro:-n as the Board may adopt. The
Association shall also be responsible for admr stering and enforcing the architectural design
guidelines and controls set forth in these Protective Covenants and in the Design Guidelines. The
Association shall perform its functions in accordance with the Governing Documents and applicable
North Carolina law.
3.2 Membership. Every t,t ner shall be a Member of the Association. There shall be
only one membership per Unit. I�<` nit is o d rz re than one Person,all co-Owners shall
share the privileges of that mem.�-hip. members )j;t.L,.An Owner which is a corporation,
partnership or other legal enti ay be exer rby any officer, rrector,partner,or trustee,or by
any other individual designated from time to time'ily the Owner in a written instrument provided to
the Secretary of the Association,provided that only one person(and such person's immediate family
members with respect to membership rights other than voting) may be designated to act in such
capacity for such an Owner at any particular time.
3.3 Voting. The Associat;j, shall have two classes of membership,Class"A"and Class
e B v ftys r
(a) Class"-. . Class"A" w,,bers shall be allqiwners of Units except the Class
"B"Member, if any. Class "A"Members"shall have one vote for each Unit in which they
62077.4 5

tiro
44
,q! Inst#" 1 Book 2324Page: 1200
hold the interest required for membership under Section 3.2;there shall be only one vote per
Unit.
(b) Class "B". The sole Class "B" Member shall be the DECLARANT. The
rights of the Class "B" Me , including the right to approve or withhold approval of
actions proposed under t‘,!t'e Protecti enants and the By-Laws, are specified
throughout the Goveminy5 ocum.s _ a. The C i1�� -.�..er may appoint the members of
the Board during the C;?s"B"Cone��`"''; 'ad,which pen••is further defined herein. After
termination of the Class"B"Control Pen`h,the members of the Board shall be selected as
provided in the By-Laws.
During the Class"B"Control Period,the Class`B"Member shall be entitled to three
(3)votes for each platted Unit d three(3) votes for each planned but currently-unplatted
Unit in the Residential Corn ity. The total number of planned Units in the Residential
Community is currently fo, ''''undyed and t �a 80),although the actual number of Units
may be more or less, �;�. the ":qf "B" Me 1. T1-, & no representation whatsoever
regarding the actual ntnber of Units''>.,.e included in t.e Residential Community. The
Class `B"Control Period shall terminate and the Class"B"membership shall cease and be
converted to Class "A" membership on the happening of one of the following events,
whichever occurs earliest:
(i) when th`,r ECLARANT owns ten percent(10%)or less of the total
number of the planned Uni 4' the Residential Community, including any of the Future
Development Property wh' ay be annekardwghas herein provided,
oilftao
(ii) January 1,2• 'r
(iii) when,in its discretion,DECLARANT so determines and declares in
an instrument recorded in the public land records.
(c) Exercise of Voi: Ri_hts. In any situation in which a Member is entitled
personally to exercise the v•,,;``for his or er Unit and there is more than one Owner of a
particular Unit, the vote t such Unit 1�: +,*- �. rcised as such Co-Owners determine
among themselves an' vise th cretary oft /Piagfiation in writing prior to any
meeting. Absent such)dvice, the Um ote shall be suspended if more than one Person
seeks to exercise it.
3.4 Villages and Village Associations. In order to allow a flexible mechanism for the
orderly development of the Residential Community, the DECLARANT may (but shall have no
obligation to) divide the Residential, ommunity into distinct Villages to account for varying
standards, restrictions, uses and -«~�ntenance ues within the development. In the event
DECLARANT elects to form t` e o more itli 'thin the Residential Community,
DECLARANT shall have the ,in its di ion,to assignr. allocate Limited Common Area
responsibility to such Village(s .
If a Village Association is to be formed,a Village Declaration shall be filed relative to such
property(which Village Declaration shall be subject in all respects to these Protective Covenants).
A Village Declaration may(but need not)subject Units within a particular Village to covenants in
addition to the covenants provided b:, ese Protective Covenants. If a Village is created, each
Owner of a Unit within such Villagti+all become9.linember of the respective Village Association in
addition to being a Member of s;`Asso tion. r.r.'._ .i-. bass "B" Control Period, no Village
Declaration shall be binding v= or appli `: to any of they' :i rties unless approved in writing
by DECLARANT. The Artic es of Incorpora and By-Laws of any Village Association shall
require the prior written approval of the DECLARANT.
DECLARANT shall also be entitled to initially assign any of the Properties to a specific
Village by name. In order to insure that all Villages in the Residential Community will be consistent
with the general or common scheme p development, the DECLARANT may unilaterally amend
these Protective Covenants, by Sub emental De ation,to designate and/or redesignate Village
boundaries;provided,however, r;�t (2)o ore i �t be combined without the consent
of Owners of a majority of the .' its in the a ed Villages. -41 v
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Li, a �s�i J �,�
�� ' Inst R 3. 3 0 Book 2324Page: 1201
ARTICLE 4
RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
4.1 Common Area and Recreational Trails. The Association,subject to the rights of the
Owners set forth in these Protective 7.$•enants,shall manage and control the Common Area and all
improvements thereon(as defined '.. .ther sectioi ja ,'n including,without limitation,roads,road
rights of way, recreation path •, deeltdocks, lighting, irrigation, furnishings,
equipment,and common land,•_.ped areas)Migglil as any Recrea al Trails(if any)(provided that
the Association's obligation to maintain any Recreational Trails shall be limited as contemplated in
Section 5.1 herein). The Association shall keep such areas and improvements in good repair and in a
clean, attractive, and sanitary condition consistent with these Protective Covenants and the
Community-Wide Standard.
• 4.2 Personal Property a , ,'eal Property for Common Use. The Association may
acquire, hold, and dispose of �< ible and i,'a,L' personal property and real property.
DECLARANT may convey to a� ssocia' improv-. . yed real estate located within the
Residential Community,perso• property ri a 4 a ehold and other property interests. Such property
shall be accepted by the Association and thereatftr shall be maintained as Common Area by the
Association at its expense for the benefit of its Members,subject to any restrictions set forth herein
and in the deed.
4.3 Rules and Reaulationsw The Association, through its Board, may make, revoke,
amend and enforce reasonable rule:tii'oveming the use of the Properties, in addition to further
defining or limiting, and, where.,Y ifically au i c R 1ereunder, creating exceptions to, those
covenants and restrictions set f. in the. +,; otective o' .l tFauch rules shall be binding upon
all Owners,occupants,invitee;essees,guests licensees.
4.4 Enforcement. Subject to the requirements of the Planned Community Act, the
Association may impose sanctions for violations of any of the Governing Documents, including
reasonable monetary fines,suspension of the right to vote,and/or suspension of the right to use any
recreational facilities within the Com(,.n Area and/or the Recreational Trails. In addition, the
Association may exercise self-help 4 ure violations, and may suspend any services it provides to
the Unit of any Owner who is mo,:o• •n 30 days d t �t•� '1 .aying any assessment or other charge
due to the Association. The B 6,;', may s elief in any .3 lit?ti• iolations or to abate nuisances.
The Board may assess the reasonable moneta nes authorized by this Section as an Individual
Assessment authorized by Section 9.6 of these Protective Covenants.
4.5 Implied Rights; Board Authority. The Association may exercise any other right or
privilege given to it expressly by these i rotective Covenants,the By-Laws,the Planned Community
Act, or Chapter 55A of the No 1�� arolina Ceral Statutes, or reasonably implied from or
reasonably necessary to effectua :ny s ch rig �C E:j1Except as otherwise specifically
—
provided in these Protective C nants, -Laws, or es, all rights and powers of the
Association may be exercised b the Board wi a vote of the membership.
4.6 Indemnification. To the maximum extent allowed by North Carolina law, the
Association shall indemnify every officer, director, and committee member against all expenses,
including counsel fees,reasonably incurred in connection with any action,suit,or other proceeding
(including settlement of any suit or p[ceding, if approved by the Board incumbent at the time of
such settlement) to which he or s,-~ ay be par . reason of being or having been an officer,
director or committee member. u e Ass ciation .`rE� .mmon Expense, maintain adequate
general liability and officers' r"d direc ability insuu ra IrFCRb fund this obligation, if such
insurance is reasonably availabre.
4.7 Dedication of Common Areas. The Association may dedicate portions of the
Common Areas to any local,state,or federal governmental entity,public agency,authority,or utility
for such purposes and subject to such conditions as may be agreed to by the Association.
I
4.8 Security. The Ass`37t tion may, shall not be obligated to, maintain or support
certain activities within the Pro+ ies d igned r roperties safer than they otherwise
might be. NEITHER THE AS'i CIATIO R THE DEC sAT(OR ANY SUCCESSOR TO
DECLARANT) SHALL IN A Y WAY BE IDERED INSURERS OR GUARANTORS OF
SECURITY WITHIN THE PROPERTIES. NOR SHALL ANY OF THEM BE HELD LIABLE
62077.4 7

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�� net: # 31.321.'s 7 k 2324Page: 1202
FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE
SECURITY OR OF INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN. EACH
PERSON USING THE PROPERTIES ASSUMES ALL RISKS FOR LOSS OR DAMAGE TO
PERSONS, TO UNITS AND TO THE CONTENTS OF UNITS RESULTING FROM ACTS OF
THIRD PARTIES. tip-
4.9 Powers of the cis:sciatic). 'elating to�f �he Association shall have the
power to veto any action tak <'5r contempla'�.,F,to be taken by at�'y Village Association which the
Board reasonably determines to be adverse to , interests of the Association or its Members or
inconsistent with the Community-Wide Standard. The Association also shall have the power to
require specific action to be taken by any Village Association in connection with any of the Village
Association's obligations and responsibilities. Without limiting the generality of the foregoing,the
Association may(a)require specific m.` tenance or repairs or aesthetic changes to be effectuated by
the Village Association, and (b) r „re that a proposed budget include certain items and that
specific expenditures be made, (c) requirei a Association to ensure its members'
compliance with all Governing %`ument .
Any action required by the Association in a written notice pursuant to the foregoing
paragraph to be taken by a Village Association shall be taken within the reasonable time frame set by
the Association in such written notice. If the Village Association fails to comply with the
requirements set forth in such written notice, the Association shall have the right to effect such
action on behalf of the Village Associa;.gin.
To cover the Association' 01 mini strativ-t'Ac _g 'n connection with the foregoing and to
discourage failure to comply W. the req'r .-, ents of the TRl.:03.1,on,the Association shall assess
the Units in such Village for'' eir pro rata s'::r: of any expenses incurred by the Association in
taking such action in the manner provided in Section 9.6. Such assessments may be collected as an
Individual Assessment hereunder and shall be subject to all lien rights provided for herein.
4.10 Management and Administration. The management and administration of the
Association Common Areas and - ,,nities shall be the sole right and responsibility of the
Association. The management sha,,` carried o}}, in accordance with the terms and conditions of
these Protective Covenants, the fides, By-Lass/ s and Regulations, but they may be
delegated to a manager or a m. `#ement s n
4.11 Assignment to Association. DECLARANT shall be entitled to assign all water,
sewer, land use, stormwater system and utility permits, agreements and easements between
DECLARANT and any governmental agency or department or public or private utility company to
the Association, in which case the Association shall be required to assume same. After such an
assignment, the Association shall be •?:possible for and assume all duties, obligations, and rights
and privileges of the DECLARA t�••der such its, agreements and easements, including all
maintenance responsibility,even <`'art o thew , d use, stormwater system or utility
areas covered by the permits,a!•-ements an sements are n t'to W'ed within the Properties.
4.12 Common Area. The Common Area cannot be mortgaged,conveyed or encumbered
without the consent of eighty percent (80%) of the Unit Owners. During the Class "B" Control
Period, any such mortgage, conveyance or encumbrance shall also require the consent of
DECLARANT.
-<ti` ART ;l]�VVFF�W�//,,5
cv'Q IlVTF I]� 'u_L4J D
5.1 Association's Responsibility."NI
Association shall maintain and keep in good
repair the Common Area and, while they are owned or operated by DECLARANT or the
Association, the Recreational Trails. Such maintenance responsibility may include,but need not be
limited to:
(a) all Recreation,.., rails(if any)and all landscaping and other flora,parks,and
signage for the Residenti: ommunity gyp ed upon the Common Area; structures and
improvements situated ut�>°"the a• mon Areal reational Corridor(as specified on
an applicable recorde. lat), inclu +;;,any private st
. itl
and rights of way and islands
within their streets and cul-de-sacs;bicy/" and pedestrian pathways and trails situated upon
the Common Area or any Recreational Corridor; ponds, lakes, drainways, recreation
62077.4
8

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4 t # 31h2iftek 2324Page: 1.203
pathways within or upon the Common Area or the Recreational Trails; the main entrance to
Palmetto Creek from Highway 211 (including, without limitation, 500 foot approaches to
such main entrance plaza in both directions on or along Highway 211); the secondary
entrance to Palmetto Creek from Old Lennon Road(a/k/a Secondary Road 1504),including,
without limitation, 500 foot acoaches to such secondary entrance plaza in both directions
on or along Old Lennon ,,'A; the gates*Nzd at the main entrance and the secondary
entrance; and any others eas d ' ated as ^a, Limited Common Area, or
Recreational Trails by;.,c CLARA the Association $bm time to time, excepting any
real or personal property for which a age Association or some entity other than the
Association has expressly assumed responsibility;
(b) all pools,tennis courts,clubhouses and other amenities constituting a portion
of the Common Area, excepting any real or personal property for which a Village
Association or some other en . as expressly assumed responsibility;
(c) P•l� CO�QER
repaired or mainta neon. ea or kited Com rr:.l- thin any Village which may be
p y the AssaSVAn in the Assoc .tion s sole discretion either by
agreement with the Village or because,it Me opinion of the Board,the level and quality of
service then being provided is not consistent with the Community-Wide Standard. All costs
of maintenance pursuant to this paragraph shall be assessed as an Individual Assessment only
against the Units within the Village to which the services are provided. The provision of
services in accordance with thi Section shall not constitute discrimination within a class.
The Association also has :;'`authority to take appropriate legal action to require the
responsible Village to c'`;-y with th J/-,.•_ 'ons of these Protective Covenants, the
Articles,By-Laws and`•,ef s and lotions a.o'e Ali>Z,t vder;and
(d) any other Common Area ignated by the Board or the DECLARANT from
time to time in a Supplemental Declaration.
Additionally, if and to the extent DECLARANT or any principal or affiliate of
DECLARANT shall install any board,,,• , bridge, deck, pathway or other pedestrian amenity on
property adjacent to or in the vice of the Properties for aesthetic, recreational, pedestrian,
conservation or educational p .` es (each, £4NC ent Amenity") and shall request the
Association to accept respons' ,. ty for '"ii•'tenance o�t TT I::',;: ent Amenity, the Association
shall be required to accept s . responsibili id shall be entitled to include the costs of such
maintenance in Common Expenses hereunder.
Notwithstanding anything herein to the contrary,the Association's obligation to maintain the
Recreational Trails(if any)and/or any Recreational Corridors which are not Common Area shall be
limited to(i) the replacement of cone •,,, or other materials used to build or surface such trails and
(ii) the trimming or removal of any,-,f:�`�ts,landsc•.ing,structures or other impediments which may
have been installed by Owners in4kf:s areas surro t.''Yam creational Trails.
p
5.2 Owner's Rest) sibility. Eac wner shall maintain his or her Unit and all
structures, landscaping, parking areas, and other improvements comprising the Unit in a manner
consistent with the Community-Wide Standard and all applicable covenants, unless such
maintenance responsibility is otherwise assumed by or assigned to the Association or a Village
pursuant to the Supplemental Declaration or other Declaration of Protective Covenants applicable to
such Unit. As to Units which abut a yl tercourse or body of water,it shall be the responsibility of
each Owner to maintain, in a ma.` consiste with the Community-Wide Standard and these
Protective Covenants,any area 1 `betty en theVittti`,., of line of such Unit and the waterline
of such watercourse or body ,.�v ater(as waterline Mate from time to time). As to
Units which abut or include a portion of any ational Corridor or a pathway or sidewalk within
the Common Area, it shall be the responsibility of each Owner to maintain, in a manner consistent
with the Community-Wide Standard and these Protective Covenants, any area or landscaping,
including any landscaping that may have been initially placed by DECLARANT, lying within any
portion of a Recreational Corridor located upon such Owner's Unit or between the boundary or lot
line of such Unit and the boundary 9) such Recreational Trail, pathway or sidewalk (except as
otherwise provided in these Prot , Covenant*,Any fencing which is not maintained by the
Association or a Village Associ••,n sha" be mai giit• _, e t in good condition and repair by
the Owner of the Unit on wh' ;"such fen :,.• is located (a tf-0•wner's cost and expense). In
addition to any other enforcement rights, i `'.,r Owner fails properly to perform his or her
maintenance responsibility,the Association may,but is not required to,perform such maintenance
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Inst # % ook 2324Page: 1204
<;a
responsibility and assess all costs incurred by the Association against the Unit and the Owner in
accordance with Section 9.6. The Association shall afford the Owner reasonable notice and an
opportunity to cure the problem prior to entry, except when entry is required due to an emergency
situation,as such situation may be reasonably determined by the Association.
Additionally, with respect 4 any Unit 10' as a landscape berm located between the
boundary of such Unit and any p ed str within the shall be the responsibility of the
Owner of such Unit to maint.y , in a mann` ;,..nsistent with t `� ommunity-Wide Standard and
these Protective Covenants,any area or landscape'"°•,including any landscaping that may have been
initially placed by DECLARANT,lying between the boundary or lot line of such Unit and the top of
such landscape berm. The obligation stated in the immediately preceding sentence shall apply
regardless of whether the area in question has been or has not been designated as Common Area
hereunder.
5.3 Maintenance of Una` Each Own.t n• amtain his or her Unit and all landscaping
and improvements comprising nit i anner co laivi : the Community-Wide Standard
and these Protective Covenants he Articles, $•t,,,E y-Laws,the Ru es and Regulations and any other
applicable covenants or Supplemental Declara`".ns, unless such maintenance responsibility is
otherwise assumed by or assigned to the Association or a Village pursuant to any Supplemental
Declaration or other declaration of covenants applicable to such Unit. If, in the opinion of the
Association, any Owner shall fail to maintain any Unit owned by him in a manner which is
reasonably neat and orderly and as .4 required by ARTICLE 11 herein or shall fail to keep
improvements constructed thereon in .to of repair so as not to be unsightly,all in the sole opinion
of the Association, the Associati 'anaits,aisc g t�yjT�affirmative
notice to Owner,may enter
members of the Board of Direc.s Ilj
upon and make or cause to be • ade repairs to ,•improvements and perform such maintenance on
the Unit as the removal of trash,cutting of grass,pruning of shrubbery,weeding and items of erosion
control. The Association shall have an easement for the purpose of accomplishing the foregoing,as
provided herein and in ARTICLE 12. The reasonable cost incurred by the Association in rendering
all such services,plus a service charge of'fifteen percent(15%)of such cost,shall be added to and
become an Individual Assessment to w�` h such Unit is subject as provided in ARTICLE 9 herein.
5.4 Villa•e's Res•onsi_ t . ZU'L�Q
(a) Upon :.aid resolution, Owners of Units within each Village shall be
responsible for paying, through assessments levied by the Village Association or the
Association (as the case may be), the costs of operating, maintaining and insuring certain
Limited Common Areas within or adjacent to such Village.
(b) Any Village A),lciation having any responsibility for exterior maintenance
of property and/or landsc``+g within R,such Village shall perform such maintenance
responsibility in a manner,- iste t with lit= A 4, ity-Wide Standard. If it fails to do so,
the Association may,b S�a not req F�;;,. to,perform :.��onsibilities and assess the costs
against all Units within)uch Village as ided in Section 9.6.
(c) Upon Board resolution any Village may provide lawn maintenance to and
for areas outside a Village boundary, pursuant to contract between the Village and the
respective area's Owner.
5.5 Standard of Perfo _`ce. Mai nce, as used in this Article, shall include,
without limitation, repair and rel5'ceme s t as neV na 1 as other duties, as the Board may
determine necessary or approp ,`"e to satis`�f e Communit�ttandard. All maintenance shall
be performed in a manner consistent with '�'.•, Community-Wide Standard and all applicable
covenants.
ARTICLE 6
INSURANCE AND CASUALTY LOSSES
As and to the extent provi`f. in the By ws of the Association and as required by the
Planned Community Act, the �4-ocia'.n sha dequate and appropriate insurance
coverage on all Common Are. ' d,while''t,:., are owned o & 14ted by the DECLARANT or the
Association,the Recreational rails. F;
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InsP°V
�1 Book 2324Page: 1205
ARTICLE 7
SUB`ION
7.1 Subdivision b DECL NT. Until January 1, 2042„ DECLARANT shall be
permitted, without the joinder or co nt of the Association or any other Owner, to subdivide or
replat any Units owned by DECL NT and/or
which is then owned by DECLA =gtSect to these Protective Covenants
720
7.2 No Subdivision without DECLARANT Consent. No subdivision of a Unit, or any
change of the boundary lines of any Unit after a subdivision plat including such Unit has been
approved by DECLARANT and recorded,shall be permitted without DECLARANT's prior written
consent and joinder.
7.3 General rovisions a rdin Sub ivision. No Unit or Units shall be subdivided
except to enlarge an adjoining Ulf ut any Unit :fP: !IF cannot be improved with more than
one single family dwelling. An ,,
Unit or Units may w lling. a elli erng or of it and a porn. Lel of an adjoining or contiguous
permittedrtisicture
dividing line of such adjoining and contiguous Unit(s). Even if one or more Units are combined as
provided in this Section the initial number of Units(i.e., the total number of Units combined)
shall remain the same and shall be treated for all purposes under these Protective Covenants as the
original number of Units, so that the combined Units must conform to the obligations created by
these Protective Covenants,in the same •ay that these Protective Covenants initially attached to the
Units. Notwithstanding anything in tax Article 7 e contrary,this ection 7.3 shall not apply to
Units or portions of the Property w are hen owYfeeVi.l> _ . .
shall apply once such Units or p. a,ns of the erty are no Ion '• ed bythat this section
DECLARANT).
ARTICLE 8
ANNEXATION AND WITHDRAWAL OF PROPERTY
8.1 Annexation without A royal of Membershi
(a) Until January $ 042,DEC may subject any portion(s)or all of the
Future Development Propep?- o the, ,'vision . ctive Covenants as provided in
this Section 8.1. DECL•Jz�.NT may `-c,; er or assign ''�
that the transferee or assignee is the develo eslue -t a rtion of the to annex property,provided
in these Protective Covenants shall be construed ltosr quire the DECLARANT or any
successor to annex or develop any of the Future Development Property in any manner
whatsoever.
(b) An annexation b,DECLARANT under Section 8.1(a]shall be accomplished
by filing a Supplemental D 1.•ration in yd records of Brunswick County,
sa y to annexe•i 1C North
Carolina,describing the pr. �,.. ��,p�Y subjecting it to the terms of
these Protective Covens
Such Sup.^ ;1 ental Dec1arationStlall not require the consent of
any Members other than DECLARANT, bifthall require the consent of the owner of such
property,if other than DECLARANT. Any such annexation shall be effective upon the filing
for record of such Supplemental Declaration unless otherwise provided therein.
8.2 Annexation b Membershi . Except as provided in Section 8.1 herein,annexation of
additional property shall require the ass of two-thirds(2/)of the Class"A"Members at a meeting
duly called for this purpose,written ce of whic'Av .e sent to all Members not less than ten
(10)days nor more than sixty(60 `ys in g ance oft ER frr "B"
Period, annexation of additionalo e ys a I alsoring
the ClassCentro f
DECLARANT.
P rty unde s Section 8.2 s a I also require the consent of
8.3 Withdrawal of Pronertv, The DECLARANT reserves the right to amend these
Protective Covenants so long as it has a right to annex additional property pursuant to this Article,
without prior notice and without the cons nt of any Person, for the purpose of removing property
then owned by the DECLARANT, its.:£'rliates, or the Association from the coverage of these
Protective Covenants, to the extent o j1 natty includ
DECLARANT'S plans for the Prop 'ies,p :.ed such ` c or as a result quof any lly contrarys in to
the overall,uniform scheme of de e�'opment for F4 s.,; I perties. of unequivocally to
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#s• goo ��t
11% Inst #-±1:42A Book 2324Page: 1206
8.4 Additional Covenants and Easements. The DECLARANT may unilaterally subject
the property submitted to these Protective Covenants initially or by Supplemental Declaration to
additional covenants and easements, provided that such amendment or modification does not alter
the general or common scheme of development for the Properties described herein and further
provided that this right to amend shy Scot render these covenants•and restrictions purely personal to
the DECLARANT and the ben- s and burdcfgiatitaned in these Protective Covenants shall
remain mutual and reciprocal 'Own G3
c� r7�ty
•
8.5 Amendment. This ARTICLE lbshall not be amended without the prior written
consent of DECLARANT so long as the DECLARANT owns any of the property described on
Exhibit A or any Future Development Property.
ARTICLE 9
l ASSESSMENTS
9.1 Creation of Assents. bQ� ��,0 D
(a) The Association is hereby authorized to levy assessments against each Unit
for Association expenses as the Board may specifically authorize from time to time. There
shall be five types of assessments for Association expenses: (1) Master Association
Assessments to fund Common Expenses for the general benefit of all Units within the
Properties; (2) Village Assess`,ents for Village Expenses benefiting only Units within a
particular Village or Villageti;� the extent these are assessed by the Association as opposed
to the applicable Village . ociation); ( ,�,.` ': ssessments as described in Section 9.5;
(4) Individual Assess ` • as d 'bed in Sec i• nd 5 Service Assessments as
described in Section 3.? Each Og ( )
contract of sale for any portion of the Properties isl deemeda to covend or ant and agreing into a recordedo p these assessments.
(b) All assessments,together with interest from the due date of such assessment
at a rate determined by the Bo (not to exceed the highest rate allowed by North Carolina
law),late charges,costs,and ' .sonable a orney's fees,shall be a charge and continuing lien
upon each Unit against ,ich the asse.,tin, r ade until paid, as more particularly
provided in Section 9. .ch su'' ssessment, to:' avith interest, late charges,costs,
and reasonable attome s fees, also s me the personal obligation of the Person who was
the Owner of such Unit at the time the assessment arose. Upon a transfer of title to a Unit,
the grantee shall be jointly and severally liable for any assessments and other charges due at
the time of conveyance. However, no first Mortgagee who obtains title to a Unit by
exercising the remedies provided in its Mortgage or any individual obtaining title by or
through a foreclosure shall be rsonally liable for unpaid assessments which accrued prior
to such acquisition of title...4— the event any transfer of title to a Unit, the lien of the
assessments shall not beet guis ed. -"lea
(c) No Owner may exempt elf from liability for assessments,by non-use of
Common Area, abandonment of his Unit,or any other means. No diminution or abatement
of assessments or set-off shall be claimed or allowed for any alleged failure of the
Association or Board to take some action or perform some function required of it, or for
inconvenience or discomfort arising from the making of repairs or.improvements, or from
any other action it takes.
9.2 DECLARANT'S R� ����
igati s for As�� uring the Class"B" Control Period,
DECLARANT may annually el th either:(1''F9,•,jay regular assets on its unsold Units,(2)to pay
the difference between the amount of assessments lected on all other Units subject to assessment and
the amount of actual expenditures by the Association during the fiscal year,or(3)to pay one-half(2)
of the assessments for an unimproved Unit for all Units which are platted of record in the Office of the
Register of Deeds of Brunswick County but which have not yet been sold to a Person other than
DECLARANT or an authorized builder. Unless the DECLARANT otherwise notifies the Board in
writing at least 45 days before the g of each fiscal year,the DECLARANT shall be deemed to
have elected to continue paying on``l,ti same basin during the immediately preceding fiscal year
The DECLARANT's obligation �,• eunde; maybe
drii44e form of cash or by "in kind"
contribution of services or mate s,or by a c a,.'s ation of theseLla
62077.4
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. nst if 313341Twilook 2324Page: 1207
9.3 Computation of Master Association Assessment. At least thirty(30)days before the
beginning of each fiscal year, the Board shall prepare and distribute to the Members a budget
covering the estimated Common Expenses during the coming year(including,without limitation,a
capital contribution to establish a reserve fund in accordance with a budget prepared as provided in
Section 9.4)as and to the extent requ,{`: in the Planned Community Act.
9.4 Capital Reserve dget. ,N e Board WNs. prepare a capital reserve budget
for maintenance and replac t of capita�`'%s•ovements which all take into account the number
and nature of replaceable assets, the expecteSolife of each asset, and the expected repair or
replacement cost.
9.5 Special Assessments. In addition to other authorized assessments, the Association
may levy Special Assessments from time to time to cover capital improvements or unbudgeted
expenses (including, without limitat , expenses required to complete repair, maintenance and/or
clean-up which the Board deems •i,`essary or . '.:.,_- after a storm,hurricane or other casualty
P
event) or other expenses in ex"
.. of the;;; budgete..�' ratea< ay establish the amount of the
Special Assessment if it is O DRED i-:+ LARS(S 100.0 i or less in any assessment year for
each Member. All other Special Assessments`'"hall require the affirmative vote of sixty-seven
percent (67%) of Members present and voting in person or by proxy who will be subject to such
Special Assessment, and the affirmative vote or written consent of the Class"B"Member, if such
exists. Special Assessments shall be payable in such manner and at such times as determined by the
Board, and may be payable in install •ents extending beyond the fiscal year in which the Special
Assessment is approved. ti?
-\ti4
9.6 Individual Asse :dents. 444444
Ls
(a) The Board shall have the power to levy Individual Assessments against a
particular Unit or Units constituting less than all Units within the Properties or within a
Village,as follows:
(1) to cove the costs, including overhead and administrative costs, of
providing benefits,it ,or services to the Unit or occupants thereof upon request of
the Owner pursua�c��a menu of':1U�:-,,ices which the Board may from time to
time authorize �a.e offe to Owners fT r ;E- :It include, without limitation,
landscape mai ance, hand service,pool cleaning,pest control, etc.),which
assessments may be levied in advance of the provision of the requested benefit,item
or service as a deposit against charges to be incurred by the Owner;and
(2) to cover costs including overhead and administrative costs and
reserves incurred for m: tenance,repair and replacement of any private roads,signs,
mail boxes, fences berms which are constructed for the benefit of certain
specified lots,as�I be more spec orth in a Supplemental Declaration.
(3) '• cover costs i "R.y ed in bringing the Unit into compliance with the
terms of these Protective Covenants,including, without limitation, Section 5.3,any
applicable Supplemental Declaration, the Articles, the By-Laws, Rules and
Regulations,or Design Guidelines or costs incurred as a consequence of the conduct
of the Owner or occupant of the Unit, their lessees, licensees, invitees, or guests;
provided,the Board sh.,?i,give the Unit Owner prior written notice and an opportunity
for a hearing before �z'''ing an Indjv_iidduual Assessment under this subsection(a).
U ems
(b) The Ass t°ation ma go levy an Indt ;t: Assessment against any Village
to reimburse the Assoc.tion for costs t ed in bringing the Village into compliance with
the provisions of these Protective Covenants,any applicable Supplemental Declaration, the
Articles, the By-Laws, and Rules and Regulations, provided the Board gives the board of
directors from such Village prior written notice and an opportunity to be heard before
levying any such assessment.
9.7 Workin Ca ital A sment. Won the conveyance of title to any Unit, the
acquiring Owner shall contribute . e As ocratiofi' CL; fcapital an amount equal to one year's
Master Association assessment uch fun all be used o S If:1 ing and capital expenses of the
Association,such as prepaid in rance,supplienishings and equipment,etc. Amounts paid into
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c, Inst1 Book 2324Page: 1208
the working capital fund are not to be considered advance payment of regular assessments. All
working capital funds shall become part of the general operating funds of the Association.
9.8 Date of Commencement of Master Association Assessments and Due Dates. The
Master Association assessments pro`` • for herein shall commence on the date of conveyance of
each Unit to an Owner other than \. LARANT� ue dates shall be established by the Board of
Directors. ��,
9.9 Lien for Assessments.
(a) All assessments authorized in this Article and levied against a Unit, which
remain unpaid for a period of thirty(30)days or longer, shall constitute a lien against the
Unit against which they are levied when a claim of lien is filed of record in the Office of the
Register of Deeds of Bruns ti' County. The lien shall also secure a
charges, interest, fines, lat `',arges ( ,sub'���/ p yment of any fa,tq the limitations of North Carolina law), and
costs of collection[incl Q'g,wi ,..ut limita e onable attorneys fees allowed by
North Carolina law, ' ding but n:`F ,, led to fees des L:ed in N.C.G.S. §47F-3-116(e)],
and other charges imposed pursuant '' the Governing Documents and/or the Planned
Community Act. Such lien shall be superior to all other liens, except the liens of all ad
valorem taxes or assessments,and any other liens which by law would be superior.
(b) The Associate may record notice of the claim of lien in the Office of the
Clerk of Superior Court „:Brunswick 7/,,,:.% or file a suit to collect such delinquent
assessments and charges e As 'anon may ' T„',R l isf Lis Pendens,bring an action of
law against the Own i7personally ' ted to pay the same and/or bring an action to
foreclose the lien against the property, o utilize any other remedy provided under North
Carolina law. No Owner may waive or otherwise escape liability for the assessments
provided for herein.
9.10 Effect of Non a ent of Assessments: Remedies of the Association: Any
assessments or portion thereof which not paid when due shall be delinquent. If the assessment or
any portion thereof is not paid wit thirty(30) •14rti, ,a the due date,the same shall bear interest
from the date of delinquency at to not xceed the�`;:"-T,:r,:. gal rate allowed in the State of
North Carolina per annum an n addition, a fee shall be assessed in such amount as may be
determined by the Board of Directors. The Ass ciation may bring an action against the Owner
personally obligated to pay the same,or foreclose the lien against the property in the same manner as
provided in North Carolina for the foreclosure of deeds of trust,or both,and,in either event,interest,
costs and reasonable attorney's fees(as allowed by North Carolina Iaw)of any such action shall be
added to the amount of such assessme, . The Association may bid for the Unit at the foreclosure
sale and acquire,hold,lease,mortga t,Y and conve the Unit. The sale or transfer of any Unit shall
not affect the assessment lien or re 1.6e such Unit lJrt `, '.n for any subsequent assessments.
9.11 Failure to Ass=a� Failure o Board to fi��ssment amounts or rates or to
deliver or mail each Owner an assessment notices all not be deemed a waiver,modification,or a
release of any Owner from the obligation to pay assessments. In such event, each Owner shall
continue to pay Master Association Assessments on the same basis as for the last year for which an
assessment was made, if any, until a new assessment is made, at which time the Association may
retroactively assess any shortfalls in col,`, tions.
9.12 Exempt Proberty. 44 following
Association Assessments, Servi :sess a d Specia fte11 be exemptnts:
from payment of Master
(a) all Common Area;
(b) any property dedicated to and accepted by any governmental authority or
public utility;
(c) ,,
any property,<<:d by a coervation trust or similar nonprofit entity as a
conservation easement, e,- pt to the Milt
boundaries of a Unit wh':'<is sub assessment sy such easement lies within the
not be exempted from essment); •
r(in which case the Unit shall
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%4,4% Inst Book 2324Page: 1209
(d) any Unit which is not approved by any governmental agency for residential
use;and
(e) any Unit or pro.erty owned of record by the DECLARANT,its successors or
assigns,except as otherwise • ided in Section 9.2.
ti`
9.13 Service Assess r vG� fn�r,:a,�
oard shacUr , ..wer to levy Service Assessments
against a particular Unit or U s constitutiMsk than all Units nd/or against a particular Village
or Villages constituting less than all Villages) thin the Properties to cover the costs, including
overhead and administrative costs,of providing specialized maintenance and/or landscaping services
to such Units and/or Villages and the occupants thereof. Such assessments may be levied in advance
of the provision of the requested benefit,item or service as a deposit against charges to be incurred
by the Owner. Notwithstanding the foregoing to the contrary,the fact that the Association levies a
Service Assessment shall not be • c ed to impose any obligation upon the Association to (i)
monitor the quality of work or se f es being pro Q a assume any responsibility for the quality
of work or services provided,(i; ensure'ev ti structural i
woundnction or
modifications provided or (i a ensure com ce with building codes eand other govss of any ernmental
requirements relating to the work or services prove.ed.
9.14 Surplus Funds. Notwithstanding the provisions of N.C.G.S. §47F-3-114,any excess
of Association income over Common Expenses (as defined in Section 1.9 herein and which shall
include reasonable reserves)shall be apIlied to reserves or other future expenses as the Board deems
appropriate.
��ti (sn
��' 12TICLE 11141n tceaD,
DESI _ ELINES
10.1 General.
(a) No structures or buildings shall be erected or maintained upon any Unit or the
Properties, no improvements �qr construction (which terms shall include within their
definitions: clearing, gradi excavation, landscaping, and other site work) shall be
commenced,erected,or '<4. p � �i` ained upon 1.-1 V:`'.,
T the Properties,and no exterior addition
to or change or alteratio. erein("'"-..{ ding,withou l tjj,n,any change of color)shall be
made upon any Unit o e Properties, "�.y.t in compliance with this Article and the Design
Guidelines. Without limiting the genera ity of the foregoing, no work described in the
immediately preceding sentence shall commence until the plans and specifications showing
the nature, kind, shape, heights, materials, and location of the same shall have been
submitted to and approved in writing by the ARC according to the provisions of ARTICLE
10. With regard to the provisi r;s of this ARTICLE 10,the terms,"structures,""buildings"
and"improvements" shall i.,Ode,but nq be limited to any dwelling, garage, fence, wall,
sidewalk, hedge, mass pl f ng, change iiY r lope, drainage pipe, drainage canal,
,
ditch, swale, catch bas' swimmf ,,„•ool, tree hour, S;_..house, sign, flag pole, exterior
illumination, monume or marker, ou statuary, exterior lights, security lights, storm
door, well utility facility, mailbox, patio, deck, screening for outdoor trash cans or other
purposes,sprinkler system,driveway,outdoor decorative objects,shrubbery or landscaping.
(b) Any Owner may remodel,paint or redecorate the interior of structures on his
Unit without approval. No app#val shall be required to repaint the exterior of a structure in
accordance with the origin. a approvedkolor scheme or to rebuild in accordance with
originally approved plans ` spec'ication W/e
a
This
10
shal apply to the activities
to alterations of or improvements em ntsto the Common Area by or on behalf of theDECLARANT
Association.
(d) This ARTICLE 10 may not be amended without the prior written consent of
the DECLARANT, so long as the DECLARANT owns any land subject to these Protective
Covenants or subject to annexa to these Protective Covenants.
10.2 Architectural Revi v _rea _
sb tern
v
(a) Responsibility for admini tion of the Design Guidelines,as defined below,
and review of all applications for construction and modifications under this Article shall be
62077.4
15

c
ti�
3 nst #irrkti243ook 2324Page: 1210
handled by the ARC as described in subsections(a)and(b). The members of the ARC need
not be Members of the Association and may, but need not, include architects, engineers or
similar professionals,whose compensation,if any,shall be established from time to time by
the Board. The Board may establish and charge reasonable fees for review of applications
hereunder and may require su' fees to be paid in full and paid prior to review.
(b) Architec ,j Rev' w Comm_'i� ry,"ARC'2). The ARC shall consist of
at least three,but not `.re than i`": ,.ersons and sha ': e exclusive jurisdiction over all
structures, buildings, improvements, a construction on any portion of the Properties.
During the Class "B" Control Period, the DECLARANT retains the right to appoint all
members of the ARC who shall serve at the DECLARANT'S discretion. Upon the
expiration of such period,the Board shall appoint the members of the ARC,who shall serve
and may be removed in the Board's discretion.
10.3 Guidelines and P dures.
Guidelines and application and ��°`ew . 4 -du� Y 3 'j. 'defines")shall prepare
hich shall apply
Design
o ll
all
construction activities within `Properties..'" ;- Design Guide{ A may contain general provisions
applicable to all of the Properties,as well as spe'' c provisions which vary from one portion of the
Properties to another depending upon the location, unique characteristics, and intended use. The
ARC shall adopt such Design Guidelines at its initial organizational meeting and thereafter shall
have sole and full authority to amend them subject to the approval of the Board of Directors., The
ARC shall make the Design Guidelines available to Owners who seek to engage in development or
construction within the Properties such Persons shall conduct their activities in accordance
with such Design Guidelines. `tee
vla
10.4 Submission of..r.ns and Spec B .,tions. tiED
(a) No construction or improvements, as defined in Section 10.1(a), shall be
commenced, erected, placed or maintained on any Unit, nor shall any exterior addition,
change or alteration be made thereto, until the plans and specifications ("Plans") showing
site layout, structural design, exterior elevations, exterior materials and colors, signs,
landscaping, drainage, lighti"irrigation, utility facilities layout, screening, and any other
supporting documents, as -: y be requir iJ , - ARC, shall have been submitted to and
approved in writing byr"ARC. a Design rrt-y , hall set forth the procedure for
submission of the Pla A reasonab for the review o said plans shall be required and
submitted, along with said Plans and any Cher supporting documents required by the ARC
and the Board may require a deposit to be posted prior to the commencement of any
construction or work,which sum shall be used to collect any fees,fines or penalties incurred
during construction or work. Any such sums remaining at the completion of construction
shall be returned to the Owner.
ti
(b) In reviewi each submigil _}- ARC may consider visual aesthetics,
natural platforms and fi.c%- grad rations }�'r,;,
faxtel design with
structures and environ ?-nt, and locati.t:;; the relation to surrounding structures and pliant
life. The ARC may require relocation o native plants within the construction site as a
condition of approval of any submission. Location of any driveways shall be subject to the
approval of the ARC.
(c) The Associatio hall have the right to refuse to approve any plans and
specifications or grading pia hich are not suitable or desirable,in its sole discretion,for
aesthetic or any other rea 1~ In so apprafe'ftkglarts,specifications and grading plans,
the Association shall t`sider t itabili o} tto
structure,or landscapi '=and the maten f which it is to be bultbthesite,
s te,upon which it uilding isproposed to erect the same,the harmony thereof with the surroundings,and the effect thereof
on the adjacent or neighboring property.
(d) No bulldozing or clearing of trees or excavation of lakes or ponds shall be
commenced until the plans,spe V tcations and grading plans showing the nature,kind,shape
and location of work to be d. ``.`saave been submitted to and approved h pproved in writing by the
Association and a copy the , ,as finally alligkeve permanently with the Association.
(e) Upon rl?teipt of a sub 'on of Plans, the ARC shall advise the party
submitting the same in writing, at an address specified by such party at the time of
62077.4
16

ti
, In "`IC �21 Book 2324Paqe: 1211
submission, of(i)the approval of Plans, or(ii)the segments or features of the Plans which
are deemed by such committee to be inconsistent or not in conformity with these Protective
Covenants and/or the Design Guidelines,the reasons for such finding,and suggestions for the
curing of such objections. The ARC shall use good faith,diligent efforts to respond to a Plan
submittal within 30 days aft eceipt of same, although matters not within the reasonable
control of the ARC may p<,ent this froi urring in certain cases. In the event the ARC
fails to advise the subm'(�?gig p. •., ,y written'i j t 60 days of either the approval or _
disapproval of the P1.;,'', approval' ',i, be deemed to a been given. Notice shall be
deemed to have been given at the ti'''. the envelope containing such notice, properly
addressed, and postage prepaid, is deposited with the U.S. Postal Service, registered or
certified mail, return receipt requested. Personal delivery of such written notice shall,
however,be sufficient and shall be deemed to have given at the time of delivery.
(f) If constructioti?aoes not commence on a project for which Plans have been
approved within nine (9`t onths of 41 ..royal, such approval shall be deemed
withdrawn,and it shall' ecess:,:•„ for the •cFR it the Plans for reconsideration.
(g) Once construction has li n initiated on a Unit, the Owner thereof must
complete such construction within ten(10)months. If an Owner does not comply with such
schedule, then DECLARANT, the Board and the Association shall each have the right(but
not the obligation) to complete such construction on Owner's behalf and at such Owner's
expense. In the event the DECLARANT, the Board or the Association exercises the right
provided in the immediately;s��'ceding sentence, then DECLARANT,the Board and/or the
Association(as the case ¢,..e)shall be '.ij�:. o collect from such Owner,in addition to a
reimbursement of all s exp ;,,-d in the �R
x t'lgCp.f construction of the Unit, an
administrative fee for ch work, wy',': ee shall be equa to twenty percent(20%) of the
costs incurred by such party
the work. Any and all of the foregoing costs and
fees that may be incurred by1or payable to^DECLARANT,the Board and/or the Association
shall be a charge and continuing lien upon such Unit until paid, and DECLARANT, the
Board and/or the Association may bring an action against such Owner,or foreclose the lien
against the property in the sam manner as provided in North Carolina for the foreclosure of
deeds of trust,or both,and, _'s? ither event, interest,costs and reasonable attomey's fees of
any such action shall be:��'�i to the amo I't,/` -..,l to DECLARANT,the Board and/or the
Association. + o
10.5 No Waiver of Future Approvals. Each Owner acknowledges that the members of the
ARC will change from time to time and that interpretation, application and enforcement of the
Design Guidelines may vary accordingly. Approval of proposals, plans and specifications, or
drawings for any work done or proposed,or in connection with any other matter requiring approval,
shall not be deemed to constitute a v.iver of the right to withhold approval as to any similar
proposals, plans and specificati. <$`"drawings, or other matters subsequently or additionally
submitted for approval. ?c~ �ij�,
10.6 Variance. T'• ARC may '.'i',,.rize in its discretion reasonable variances or
adjustments from compliance with any of its guide ines and procedures in order to alleviate practical
difficulties and hardship in their enforcement and operation. Such variances may only be granted,
however,when unique circumstances dictate and no variance shall(a)be effective unless in writing;
or(b)prevent the ARC from denying a variance in other different or even identical circumstances.
Any such variances shall not violate t spirit or the intent of this document to create a subdivision
of Units owned in fee by various • ;''� ons with gQ
ach such Owner having an easement upon areas
owned by the Association. �� IS
�MYZtivp
10.7 Limitation of `ability. The A hall not bear any responsibility for ensuring the
structural integrity or soundness of approved construction or modifications, nor for ensuring
compliance with building codes and other governmental requirements. Neither the DECLARANT,
the Association,the Board,nor the ARC,shall be held liable for any injury,damages,or loss arising
out of the review and approval of any application,including,but not limited to,the grant or denial of
a variance, the manner or quality construction, defects in any plans or specifications, or
deficiencies in kind or quality of m.e`gals used,car for compliance or non-compliance with building
codes and other governmental re.:, ments. �i ag
62077.4
17

Inst # 313321 Book 2324Page: 1212
10.8 Enforcement.
(a)
(a) Any structure or improvement placed or made in violation of this Article
shall be deemed to be nonconforming. Upon written request from the Board or the
DECLARANT, Owners shac at their own cost and expense, remove such structure or
improvement and restore • and to suha 'ally the same condition as existed prior to the
nonconforming work. ould Owner
DECLARANT,the B�,�? 4 ve and restore as required, then
d and the iation shall eat lve the right to enter the property,
remove the violation, and restore th roperty to substantially the same condition as
previously existed. All costs,together with the interest at the maximum rate then allowed by
law, may be assessed against the Unit's Owner and the benefited Unit and collected as an
Individual Assessment. In the event the DECLARANT, the Board and/or the Association
exercises any right provided hereto in this Section 10.8(a), then DECLARANT, the Board
and/or the Association (as te'case may be) shall be entitled to collect from the relevant
Owner, in addition to a re'., iursement oftgeo expended in the removal of the violation
and/or the restoration o prop .�, an admirattr 4,40 or such work,which fee shall be
equal to twenty perce 0%)of the to. . incurred by sue party in performing the work.
.,f
(b) Any contractor,subcontractor,agent,employee,or other invitee of an Owner
who fails to comply with the terms and provisions of this Article and the Design Guidelines
may be prohibited by the Board from entering and conducting any activities within the
Properties. In such event,none of the Association,its officers,or its directors shall be held
liable to any Person for exert°g the rights granted by this paragraph.
(c) The Ass e;a tion 1 have ,R,
a, establish fines for violations of
this Article and the
gn Guidelin ' eluding fines?Or continuing violations. The fine
amounts may be deducted from any bon osted. If the fines are not paid,the Association
may establish an Individual Assessment in accordance with the provisions of ARTICLE 9.
(d) In addition to the foregoing, the Association shall have the authority and
standing to pursue all legal and quitable remedies available to enforce the provisions of this
Article and the decisions of s 'C.
•
10.9 Architectural C e Co 'tee. At thee.rf-rte f the DECLARANT or after the
expiration of the Class"B"C trol Period,e the DECLARANT or the Association shall have
the option, but not the obligation,to establish an rchitectural Change Committee to review minor
changes or renovations to improvements previously approved by the ARC. If the DECLARANT or
the Association elects to establish such an Architectural Change Committee, the Board shall
establish guidelines regarding the operation and jurisdiction of such committee and shall appoint its
members, each of whom shall serve .•.• may be removed in the Board's discretion. Additionally,
during the Class"B"Control Period ,5 e DECLARANT shall have the right to remove and replace
any member of the Architectural ,A:e Committ7
ass o
A E 11
USE GUIDELINES AND RESTRICTIONS
11.1 Plan of Development;Applicability;Effect.
(a) DECLARANT has cr?,;ted the Residential Community as a residential and
recreational development and,in fu 4:ante of its and every other Owner's interest,has established
a general plan of development f•4 e Resident I", Yti.t, ,ity. Accordingly, the Properties are
subject to the affirmative and —ative c:%'_.;_ nts, easemen J,PgaUrestrictions governing land use,
individual conduct,and uses o`sr actions upon`,s.,'roperties that are provided in this ARTICLE 11
(the"Use Guidelines and Restrictions").
(b) All provisions of these Protective Covenants and of any Association rules shall also
apply to all occupants,Iessees,guests and invitees of any Unit. Any lease on any Unit shall provide
that the lessee and all occupants of they-aced Unit shall be bound by the terms of these Protective
Covenants,the By-Laws,and the rul ��f the Asso.piation;provided however,that the lack of such a
lease provision shall not waive .r se Pro�t,, .e�ctive19%a`
;�� r 1 By-Laws, and the rules of the
Association in any way.
tra
62077.4
18

l��
�Mm
_4411% I.nst Book 2329Page: 1213
11.2 Rules and Regulations. Subject to the terms of this ARTICLE 11, the Board may
implement and manage the Use Guidelines and Restrictions through rules and regulations which
adopt,modify,cancel,limit,create exceptions to,or expand the Use Guidelines and Restrictions.
11.3 Owners'Acknowled nt.
(a) All Ow `;�F and the PropetYl>3rject to the Use Guidelines and
Restrictions and are :'`n notice the-' heir ability to use their privately owned property is
limited thereby,and
Y (b)the Board may aid, delete,modify,create exceptions to, or amend
the Use Guidelines and Restrictions in accordance with Section 11.2.
(b) Each Owner,by acceptance of a deed,acknowledges and agrees that the use
and enjoyment and marketabil' of his or her property can be affected by these provisions,
and that the Use Guidelines 41 Restrictions and rules may change from time to time;and
each Owner agrees to be d thereby CUJ�
��a
11.4 Rights of 0 s. Except as be specifically set forth in Section 11.5,the Board
may not adopt any rule in violation of the following restriction: No rules shall interfere with the
activities carried on within the confines of Units,except that the Association may prohibit activities
not normally associated with property restricted to residential use,and it may restrict or prohibit any
activities that,in the Association's reasonable judgment,create monetary costs for the Association or
other Owners,that create a danger to .;e health or safety of occupants of other Units, that generate
excessive noise or traffic,that crea A,knsightly conditions visible outside the Unit,that significantly
block the normal views from oth �r3nits,o r that 'g re D ble source of annoyance,or that
create a nuisance.
11.5 Use Guidelines and Restrictions.
(a) General. The Properties shall be used only for residential and related
purposes(which may include, without limitation,offices for any property manager retained
by the Association, business . .ales offices for the DECLARANT or the Association,and
certain recreational uses an to hom nership or as permitted in the Common Areas),
except as otherwise pro 'd he in. No� r 1i use shall be permitted on any Unit
except in accordance Section (Fn)and Section t ' y).
(b) Animals and Pets. No animals, livestock or poultry of any kind shall be
raised,bred,kept or maintained on any Unit or in any dwelling except a limited number of
domestic household pets, which limit may be set by the Board. Domestic household pets
may not be raised,bred,or kept for any commercial purpose. Pets must be accompanied and
leashed at all times when o s ner's Unit and droppings must be immediately removed.
Fines assessed by the Asso ti•'•on shall be e an Individual Assessment in accordance with
ARTICLE 9. All parties here., notified t , ent any dog kept or maintained on
a Unit or in any dwel on the Pil`s•:,!,'es barks exces t ly,continuously or in a manner
that constitutes a nuisance,the Board ma ry,-quire the Unit Owner to employ a collar or other
device designed to reduce or control such excessive barking(provided that such action shall
in no event limit any other rights or remedies for such situation that may be available to the
Board or to any other parties at law or in equity).
(c) Placement of,t utdoor Clothes Drying Structure. No outdoor poles,
clotheslines or similar equi.0-nt shall be tcd.or located on any Unit.
G rzrg_
(d) Offensi,•`-and Illega 'vities. No immoral,improper, illegal,noxious or
offensive activity shall be carried on up any Unit, nor shall anything be done thereof
tending to cause embarrassment, discomfort, annoyance or nuisance to the Association,the
DECLARANT or any Owners. There shall not be maintained any plants or animals,odors,
fumes,or devices or anything of any sort whose normal activities or existence are in any way
noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the
enjoyment of other Propertie �n the Owners thereof. All laws, orders, rules, regulations,
ordinances or requirements '`^any governs:v ency having jurisdiction thereof,relating to
any Person or the Prope hall b omplie. C iS t e sole expense of the Owner or
of the Association, wl,y ever shall the obligation °•fd/or right to maintain or repair
such portion of the Property.
62077.4
19

66,
Inst $ 3� 65`F3ook 2324Page: 1214
(e) Parkin e. Parking of vehicles on any street in the Properties shall be allowed
only in accordance with the policy determined by the Board of Directors. No truck nor other
vehicle in excess of a three-quarter(3/4)ton load capacity, boat, vessel, motorboat, camper,
trailer, motor or mobile home, or similar type vehicle or apparatus shall be parked or kept
overnight or longer,on any st or on any Unit unless it is stored in an enclosed garage and in
such a manner as to not .. `isible to th'-
of other Units or the users of a street or
recreation area. All too,, .r othe aterialsa storbtil
kept out of sight. No k8`�icle orequip s,, �lttsles for overnight parking shall be
the Board of Directors shall be allowed on`he�Propertie s ghYy in appearance as determined by
(f) Re air or Removal of Buildines. Any dwelling or improvement on any Unit
that is destroyed in whole or in part by fire or other casualty shall be either rebuilt or torn
down and all debris removed d the Unit restored to a sightly condition with reasonable
promptness,provided,howev,:E that in no event shall such debris remain on such Unit longer
than three(3)months. If .,PF�constructed,the replacement Unit must
be approved by the AR y accord iic with, AR 1^
(g) Outside . No outside burning shall be permitted except as ma be
approved by the Board in advanceno yall burning be permitted
except in compliance with all applicable goverm nental regulations).
event h
(h) Signs. The AR shall approve all signs prior to installation and may impose
size limits. No advertising ;_ s or bulb•ards or other advertising structure(s)of any kind
shall be erected on any it or displa(:aC., .ublic on any Unit subject to these
restrictions without pri..'+ tten a;,,•val of the l�T�`elF( s covenant shall not apply to
signs erected by the 'ECLARANT, ding signs used to identify and advertise the
Properties as a whole. DECLARANT or ARC has the right to enter upon any Unit and
remove any unapproved sign(s). Without limiting the foregoing, the ARC shall issue
guidelines from time to time outlining the Residential Community's policy for the posting of
"for sale"signs and similar temporary signs by or upon any Unit(which policy shall include
the permitted dimensions and pearance of such signs and may even prohibit such signs
altogether).
(i) Huntin Fishi
No hunting goo harge of firearms within the
subdivision is permitte . The Associate hrough its Board of Directors,reserves the right
to control or remove animals(including,without limitation,the authorization of bow hunting
to reduce or eliminate nuisance animals)subject to rules and restrictions to be determined by
the Board. Fishing shall be permitted only in locations designated by the Board from time to
time and shall be subject to reasonable restrictions imposed by the Board.
(1) Garbage. G.Si ge and trass }tall be disposed by Owners in accordance with
the rules and regulations o e Ass ciation.
(k) Antennas. No outsidennas or satellite dishes shall be erected on any
Unit or structure unless and until permission for the same has been granted by the ARC.
The design and location of the dish must also be approved by the ARC.
(I) Well Installation. The Owners of single-family residential Units shall be
allowed to install one single w per Unit for the purpose of irrigating the land comprising
the Unit. This right shall jesubject to et",ECLARANT'S reservation of rights in all
surface and sub-surface w-y .in thr., roperties 'F t.',; f 1 }�ells and pumps permitted under
these Protective Cove :r-L must be''^f :ted so as no "t&be visible from any street or
recreational area or Common Area and nor be approved by the ARC, screened from view
and kept free from discoloration, including rust. All structures within the Unit shall also be
kept free from discoloration, including rust In the event the use of water from any well is
determined,in the Board's discretion,to be causing rust or discoloration on a Unit,the Board
shall be entitled to require the Owner of such Unit to discontinue the use of such well.
(m) Restricted A--' ities. Th j wing activities are prohibited within the
Properties unless expressl thori by the rr^
Board; ,f uq any conditions imposed by the
62077.4
20

Inst 21 Book 2329Page: 1215
(i) Activities which materially disturb or destroy the vegetation,wildlife,
water or air quality within the Properties or which use excessive amounts of water or
which result in unreasonable levels of sound or light pollution;
(ii) Any ;einess or Trade, except that an Owner or occupant residing in
a Unit may condu. acti'3Wie thin the Unit so longas:
or operation of � (a)the existence
P activ' is not app.. oh , ctable by sight, sound, or smell
i'
from outside . Unit; (b) •vity does not involve regular visitation of the Unit
by clients, employees, agents, stomers, suppliers, or other business invitees,
delivery services, or door-to-door solicitation of residents of the Properties; and(c)
the activity is consistent with the residential character of the Properties and does not
constitute a nuisance, or a hazardous or offensive use, or threaten the security or
safety of other residen of the Properties,as may be determined in the sole discretion
of the Board.
(iii) �: i in s'��: be kept and. .�'' >;
shall be carried on,by a Peon
other than DE kr ' NT or '• ssociation,in any building,structure or home or on
the Common Area which will incr.-ase the rate of insurance,applicable to residential
use, for the property or the contents thereof. No Owner shall do or keep anything,
nor cause or allow anything to be done or kept,in his home or on the Common Area
or any Recreational Trails which will result in the cancellation of insurance on any
portion of the property .r the contents thereof,or which will be in violation of any
law, ordinance, or r-�4'ation. No waste shall be committed on any portion of the
Common Area,an r`^�ecreational t7, Recreational Corridor.
(n) Pro.e Dama'e. • shall be responsible for any damage done to any
streets, roadways, access ways, curbing, street gutters, sidewalks, Common Areac
Recreational Trails,or property of other Owners within the Properties which may be caused
by the same Owner, his agents, contractor or its subcontractor lessees, employees, guests,
licensees or invitees. The Association shall have the authority to assess any Owner for such
damage and such charge shall . an Individual Assessment against the Owner and his Unit(s)
and may be enforced in accol ce with tll„e provisions of ARTICLE 9 herein.
(o) Junk V-tea les. No ' ped, partialled,junk motor vehicle, or part
thereof, or any motor`fchicle not di ing a current valid inspection sticker shall be
permitted to be parked or kept on any Unit.
(p) Garbaee Cans and Fuel Tanks. All trash receptacles and garbage cans shall
be screened so as not to be visible by the Owners of other Units or the users of any street or
recreation area. All such scr- ?:ng shall be approved by the ARC. No fuel tanks or similar
storage receptacles may be - ;::.sed to view
The placement of any such receptacles may be
approved by the ARC or r,;°CLA
house,within an access t���building, �an 4�`l�1 .Ye located within the main dwelling
• 'n a screen. . callr buried underground.
(q) Mailboxes. All mailboxes and other such receptacles must be approved in
advance by the ARC. Any boxes provided by the DECLARANT on a Unit shall be
considered an improvement and must remain with the Unit and must be maintained by the
Unit Owner. Boxes and/or posts damaged shall be repaired to an attractive condition or
replaced by the Unit Owner wi t thirty(30)days of loss or damage.
(r) Outdoor O.a, 'cts. o outd� t fit; s or other decorative objects may
be placed on any Unit ess it is „. pliance wit b' oveming Documents, including
the Design Guidelines.` he American no larger than 3 feet x 5 feet may be flown on a
pole no longer than 5 foot 6 inches from a pole holder attached to the home in an approved
location which can be reached by hand from the ground below so as to be easily installed and
removed. Any flags will be displayed in accordance with traditional rules and regulations
governing the flying and display of the American Flag.
(s) Alteration of moron Are , No person shall undertake,cause,or allow any
alteration or construction • r upo• any pore6ciftkrgmmon Area except at the
ion
of and with the express itten cons `%_t f the ARC. ci ( s a ding anything herein tot the
contrary, in no event s all any berms.''-,other screening within any Common Area be
62077.4
21

4e
/ 4-6,
Inst 8 3533 ^l3ook 2324Page: ].216
removed or materially altered without the consent of the DECLARANT (or, after the
expiration of the Class"B"Control Period,the Association).
(t) Use of Common Areas. The Common Areas shall be used only for the
purposes for which they are'Y.` ded and reasonably suited and which are incident to the use
and occupancy of the hom subject to�s or Regulations that may be adopted by the
Association hereunder. t rsuan its By_La y �,
vC7
(u) License to Use Recreatio l Trails. With respect to any Recreational Trails
designated by DECLARANT or the Association from time to time,each of the Owners shall
have a revocable license (the "Trail License") to use such Recreational Trails for
pedestrian purposes. The Association shall have the right to establish reasonable rules and
regulations relating to the use,`, the Recreational Trails,and each Owner's rights under the
Trail License shall be subje 1- d subordinate to such rules and regulations. DECLARANT,
on behalf of itself and ~ssociation, r'''. ,;r?lte right to revoke the Trail License with
respect to any Recrea �' Trai any portion. 1 f-;;,.t any time(it being understood
and agreed that Recr*ational Trails' be initially located upon land that may later be
converted to use for residential or other purposes). By acceptance of a deed within the
Properties, each Owner acknowledges that the removal or closure of any Recreational
Trail by DECLARANT (with the exception of a temporary closure for purpose of
maintenance or repair) shall operate as an immediate and automatic termination of the
Trail License relative to creational Trail so removed or closed, and no written or
thpb
other further notice shall necessary.U,r, the expiration or termination of the Trail
License with respect y R=-,,eation: -Fa t: -,, • is of the Owners to use such
Recreational Trails s._, immediat'�`>;;-rminate. As aan�Pie the extent provided in Section
5.1, the Association shall be respons'''e for the maintenance and upkeep of certain
aspects of the Recreational Trails, for so long as such Recreational Trails are owned or
designated by either the DECLARANT or the Association.
Notwithstanding anything ha,,,'n to the contrary,no Owner shall be entitled to erect any
fence or any other struc '''''..thin any y Recreational Corridor. Subject to the approval of
the ARC, an Owner sha rye entitled to '��tY...caping and irrigation facilities within
any portion of a Recr-<<j oral Co"',• r lying wi r -Sai,undaries of such Owner's Unit,
but only to the extent Such landscapi i_ .d/or irrigation facilities do not impede or impair
the use and enjoyment of any Recreational Trail therein, as determined in the discretion
of the ARC.
Notwithstanding anything herein to the contrary, the designation of a Recreational
Corridor by DECLARAN l„ hall not be deemed to impose any obligation upon
DECLARANT or the Ass ation to insg.�,. maintain a Recreational Trail in that area.
za
(v) Storag;.•f Personal erty. All lawn iaowers, bicycles, toys, grills and
other similar objects must be stored whe of in use so as not to be visible by the Owners of
other Units or the users of any street,recreation area,Common Area,or Recreational Trails.
(w) Exterior Features and Structures. All exterior storage areas, laundry
facilities, utility areas, service .rds or areas, carports, electrical meters,water meters,and
gas meters are to be screen .y;1 m view from streets and adjacent properties by an enclosure,
fence,wall or natural land` e materials��
C�
(x) Road '•e. The ro dkfre to be used b vehicles or pedestrians for the
purposes of transportation. The use of a' 'roads within Palmetto Creek shall be subject to
all applicable governmental rules,as well as any restrictions in the Governing Documents.
At no time shall any vehicle exceed the speed limit as determined by the Association or the
applicable governmental authority. No permanent, frequent, or long-term parking is
peAny
along or on major roads and promenades except in specifically designated areas.
y parking is also subject ;4 ose rules in Section 11.5(e). The Association is entitled to
adopt reasonable rules a i regulations krwon the supervision, maintenance, control,
regulation and use of tt roads AV promen g enforce the same in any lawful
4.1
manner which may i.a ude, but niMi g,,�limited to, the a position of fines for violations
thereof,which fines shall be Individual A 3essments and may be enforced in accordance with
the provisions of ARTICLE 9.
62077.4
22

tip` n •
Inst if 313321 Book 2324Page: 12.17
(y) DECLARANT'S Activities. This Section 11.5 shall not apply to any
activity conducted by the DECLARANT or its assigns with respect to its development and
sale of the Properties or any commercial activities of the DECLARANT or its assigns,
including any sales office m:: ained by DECLARANT or its assigns;and DECLARANT
shall be specifically autho `d to rent or J any Unit which it owns or manages for other
Owners,and to maintai 4:;*del •ts or sa es , ny Unit which it owns or leases.
(z) Boats. Except as othe a provided in this subparagraph (z), the use of
boats or watercraft in excess of sixteen(16) feet in length is not permitted upon the ponds,
lakes and watercourses within the Palmetto Creek. The use of kayaks,canoes,skulling craft
or other such vessels exceeding sixteen(16) feet in length may be permitted on a case-by-
case basis subject to the approval of the Board (and, during the Class "B" Control Period,
subject to the additional app.l".1 of the DECLARANT). The approval of the Board and/or
DECLARANT may be gr.., d or withhettp;(4, parry's sole and absolute discretion. The
use of gas motors will be al ed; prove: :3 N-4. y electric trolling motors may be
used on permitted w._ craft. All':'9:,; and/or watercrh used or stored within Palmetto
Creek must be kept in excellent con.''on and in good order and repair and must be
acceptable in appearance to the Board and, during the Class `B" Control Period, to
DECLARANT. In the event DECLARANT or the Board determines that any boat or
watercraft does not satisfy the foregoing requirements or is otherwise inconsistent with the
Community-Wide Standard,the owner of such boat or watercraft shall be required to remove
same from Palmetto Creek ,s3 in forty-eight (48) hours (or upon such other timeline that
may be imposed by the B.-4% or DECL `.F In the event such owner does not comply
with such directive, D s N h, or Boa . R,rFa such boat or watercraft to be
removed from Palmetta�� eek,,in wit iv
ase the full cost o such removal and any storage of
such craft shall be the sole responsib`"ity of the owner of such boat or watercraft.
Notwithstanding the foregoing to the contrary,the use of boats upon the waters of Palmetto
Creek shall be subject to reasonable rules and regulations that may be promulgated by the
Board from time to time.
(aa) Rec eational :R'thwa s. Recreational pathways within the Residential
Community (including, bpi ti of limited tv only
` 'ecreational Trails) may be used by
bikes,pedestrians,and gt iestria �:..ving device quiet and otherwise satisfy the
requirements of this ' -ction. "Pei e^ ;,{;n moving devices" used within the Residential
Community shall not exceed the size o a standard golf cart or touring cart used by the
DECLARANT or its assigns,nor shall any such devices exceed a weight of 15 pounds per
square foot dead load (or 100 pounds per square foot live load) if used on any wooden
pathways, including, but not limited to, boardwalks, bridges, ramps, decks or the like.
Persons using pedestrian mov .g devices upon wooden structures within the Residential
Community do so at their se'.risk; DECLARANT makes no representation of the weight
limitations of any such w : en structur es no liability for the operation of any
vehicle or device upon « struct
11.6 Stormwater Run Off Rules. All Units shall be subject to the State of North Carolina
rules and regulations concerning stormwater runoff as these rules are amended from time to time.
Without limiting the foregoing, DECLARANT hereby reserves the right to impose additional
restrictions upon the Properties as and to the extent required by the terms of the stormwater permit
for the Residential Community as issu?. by the State of North Carolina. Such additional restrictions
may be imposed by DECLARANT 7-*the recorqu. of a Supplemental Declaration, and no joinder
or consent of the Association or : other Own
Declaration. These regulation`t rrently p 'de:
� e required on such Supplemental
a
( ) The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit number SW8 050239, as issued by the Division of'
Water Quality under MCAC WH.1000.
(b) The State of .a Carolina is made a beneficiary of these covenants to the
extent necessary to maintai mpliance th the Stormwater management Permit.
(c) These ,:'enants a .,Y,• run with thriragid be binding on all persons and
parties claiming under ..em,
62077.4
23

nst N 31 '3 DBBook 2324Page: 1.218
(d) The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,Division of Water Quality.
(e) Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of i ivision of Water Quality.
(0 For tho ots wi�F' "Section i j(, (almetto Creek (including, without
limitation, those Unite;escribed on $ •lat referenced one Exhibit A attached hereto), the
maximum built-upon area per Unit is as' ollows: 6,000 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, b does not include raised, open wood decking, or the water
surface of swimming pools. tip
tie
Subject to the terms • 40'.onditi.‘ ; .f the appig r?,F,,,. wad permit(s)for such areas as
issued by the State of No ::-Carolina, D'''-s; . •NT reserves the right to establish different
maximum built-upon square footage limitations which may be applicable to other sections within
Palmetto Creek annexed at a later time.
ARTICLE 12
EASEMENTS
inkjir
12.1 Easements for .o''ities. a are here R Tirtt`. unto DECLARANT(so long as
the DECLARANT owns any operty descri n Exhibit A or any Future Development Property
which has been annexed into the Properties pursuant to the terms of these Protective Covenants),
unto the Association, and unto the designees of each, access and maintenance easements upon,
across, over, and under all of the Properties to the extent reasonably necessary for the purpose of
replacing, repairing, and maintaining any cable television system, any master television antenna
system, irrigation systems, any secur`, and similar systems, roads, walkways, bicycle pathways,
recreation pathways, trails,ponds, s,wetlan.s, drainage systems, street lights, signage, and all
utilities, including, but not limier to, water, s-��i!�'Ct,R.�,boxes, telephone, garbage pickup, and
electricity,irrigation and for .4turpose . .,,; tailing any o going on property which it owns
or within easements dcsignat. for such purpo these Protective Covenants or on recorded plats
of the Properties. Any damage to a Unit resulting from the exercise of this easement shall promptly
be repaired by,and at the expense of,the Person exercising the easement rights. Utilities may not be
installed or relocated on the Properties,except as approved by the Board or DECLARANT.
12.2 Eas ent for Utilityallation.
(a) All of th p includ-f� W `;T: . Common Area,shall be subject to a
perpetual non-exclusiv asement ater lines,s 1 n TF t:ewers,storm drainage facilities,
telephone and electric ower lines,tele 'pn antenna lines,and other public utilities as shall
be established by the DECLARANT as may hereinafter be designated on any plat or replat of
parcels within the Residential Community whether the same be within the boundaries of any
Unit(s).
(b) Easements an.ghts of way over and upon the rear, front and side ten(10)
feet of each Unit for drain.•'hand the in�j lation and maintenance of utilities and services,
including, without limit; n, w.,er, seweM,, d stormwater runoff facilities, are
reserved to DECL• T an. <s; successors atf 1 ssigns for such purposes as
DECLARANT may deem incident an.` •,.ropriate to its overall development plan. If the
side setback is less than ten (10) feet then the reserved easement shall be the width of the
setback. The easements and right of way areas reserved by DECLARANT on each Unit
pursuant hereto shall be maintained continuously by the Owner, but no structures or
plantings o'r other material shall be placed or permitted or remain upon such areas or other
activities undertaken thereo�,c,hich may damage or interfere with the installation or
maintenance of utilities or. r services, hich may retard,obstruct or reverse the flow of
water or which may da ci.ge or ;nterfere�4� hed slope ratios or create erosion
problems. Improveme$``within su r+,a eas also shal�ntained by the respective Owner
except those for which a public authori `'o_ utility company is responsible. These easements
and rights expressly include the right to cut any trees, bushes or shrubbery, make any
62077.4
24

elloqm
Inst zegp21 Book 2324Page: 1219
gradings of the soil,or to take any other similar action reasonably necessary in the opinion of
the DECLARANT to provide an economical and safe installation. The DECLARANT shall
have no maintenance responsibilities for such easement areas.
(c) The DECLANT reserves a perpetual, non-exclusive easement for the
installation, maintenance .+t repair of ssewer, drainage and all other utilities within
the right of way of all r.;, and �eets and otlhown on the recorded plats of the
Property which ease � t may be e.f.`,,'sed by DECL T or any public or private entity
charged with the responsibility of maint''4' ce and repair.
(d) The Association hereinafter may grant easements for utility purposes for the
benefit of the Properties and the Units now or hereafter located thereon, over,under, along
and through the Common Areas. Provided, however that no such grant of easement shall
have a material adverse effec the use,enjoyment or value of any Unit.
e.S
12.3 Easements to S e Ad ' 'onal Pro CLARANT hereby reserves for
itself and its duly authorized ents,repres 'ves, employees,° ccessors,assigns, licensees,and
mortgagees, an easement over the Common A for the purposes of enjoyment, use, access, and
development of any Future Development Property,whether or not such property is made subject to
these Protective Covenants. This easement includes, but is not limited to, a right of ingress and
egress over the Common Area for construction of roads and for connecting and installing utilities on
such property.
12.4 Easements for Cro._`a aina -. fAait
(a) Every:ynit and the Z,;tmon Area shall-he burdened with easements for
drainage of water runoff from other porn.`"s of the Properties;provided,no Unit Owner shall
alter the drainage on any Unit so as to materially increase the drainage of water onto adjacent
portions of the Properties without the consent of the Owner of the affected property.
(h) The Properties<re burdened with a permanent easement for the benefit of
the DECLARANT and its a ssors and assigns,for the stormwater runoff and drainage
facilities located on the P �: rties,inclu. fq. • ut limitation,any stormwater retention
ponds or ditches. Th.,aseme chides then r'r=,Aftdrill, install, locate, maintain and
use pipes,conduits a pumps runnin the stormwater retention ponds and other related
facilities located on the Properties.
12.5 Power to Grant Easements. Subject to the requirements of the Planned Community
Act,the Association shall have the power and authority to grant and to establish in,over,upon and
across the Common Area conveyed t it such further easements as are requisite for the convenient
use and enjoyment of the property.
12.6 Easement for k.3.14 The ociation sha
7-
e right,but not the obligation,to
enter upon any Unit for emer_'- cy,security, afety reasons,,to perform maintenance pursuant to
ARTICLE 5 hereof, and to inspect for the purpose of ensuring compliance with these Protective
Covenants, any Supplemental Declaration, the Articles, By-Laws, and the Rules and Regulations,
which right may be exercised by any member of the Board, the Association, officers, agents,
employees,and managers,and all policemen,firemen,ambulance personnel,and similar emergency
personnel in the performance of their •uties. Except in an emergency situation,entry shall only be
during reasonable hours and after ti`3 ce to the gwner. This right of entry shall include the right of
ohs
the Association to enter upon an nit to cure a er hazard in the event an Owner fails or
refuses to cure the condition thin a unable time a e est by the Board, but shall not
authorize entry into any singl family detacheelling without permission of the Owner,except by
emergency personnel acting in their official capacities.
12.7 Easement Maintenance. All maintenance of any water, sewer or drainage easement
shall be the responsibility of the Owner of the Unit on which said easement is located. No structure,
planting or other material shall be play . or permitted to remain which may damage or interfere with
the installation and maintenance o4.i 'lities, seer or drainage facilities,or which may change the
direction of flow of drainage c �l els in the etek% he easement area of each Unit and all
improvements in it shall be 1,f ntained tinuously by ff er of the Unit, except for those
improvements for which a puAlic authority or iy company is responsible.
6zc77.4
25

s
Uv
Inst 8 313321. Book 2324Page: 1.220
12.8 Easement for Irrigation.
(a) There is hereby reserved for the benefit of the DECLARANT, the
Association,and their successors and assigns,a permanent exclusive easement and right(1)
to pump water from the lake�3aonds,waterways,basins,water table,wells,water dependant
structures and other bodie�4�~water loca : '. on or under the Properties for the purpose of
irrigating any portion .,,,�`'' e P .n-rties an`�� .r
wells,pumping statio 'F%.,_ 1=l
;water tow �install, locate, maintain and use
ltration basins :i. tanks and related water facilities
and systems within the Common Area`''and/or lands within the Properties owned by the
DECLARANT. The pumping or other removal of any water from any lake,pond,or body of
water wholly or partly within the Properties,for any purpose other than fire fighting and as
provided herein is prohibited without express written permission of the DECLARANT
and/or the Association.
(b) The Proper;`is hereby ., -d with a permanent, exclusive easement in
favor of the DECLA• .`;; and ' success Iv si'Er, for overspray and/or surface or
sub-surface flow of .;?ter from a 'gation systemng the Properties. Under no
circumstances shall the DECLARANT the Association be held liable for any damage or
injury resulting from said water,or the exercise of this easement.
12.9 Easements for Owner's Ingress and Egress. Every Owner, and his or her heirs,
successors,assigns,guests and licensees,shall have a perpetual,non-exclusive easement and right of
ingress and egress over and across a the roads and sidewalks located or to be located within the
Properties, as shown on any reco��'�. plats of t fc p, .erty, for the purpose of rovidin vehicular
.
and pedestrian access to and �,� the .erties. p p g
1 g the foregoing, DECLARANT
shall be entitled to restrict ac s on certain':r;'s and sidewalks tt) DECLARANT's discretion,and
certain Villages may have restricted access and o" er Village-specific rules. Accordingly,the use of
such roads and sidewalks shall be subject to applicable Rules and Regulations.
12.10 Easement for Common Area Pathways. Each Owner,and their authorized guests or
invitees, shall have a perpetual, non-?�elusive easement for the use and enjoyment of any bicycle
paths, pedestrian paths, or natur-w reserve trails, if any, which may be established by the
DECLARANT or the Associatio t�`thin the Co Ida',vc: ea from time to time. Notwithstanding the
foregoing,DECLARANT shal entitle. restrict acre`@§§
�5forementioned improvements and
amenities in DECLARANT discretion, : '•<..^crtain Villages may have Village-specific rules
therefor. Accordingly, the use of such improvements and amenities shall be subject to applicable
Rules and Regulations.
12.11 Common Area Easement.
(a) Every Owner of a 4 a within the Properties,as an appurtenance to such Unit,shall
have a perpetual, non-exclusive,; ement over :'9,rLc2,' e Common Areas within the Properties
for each and every purpose o��.a to w such Co . F}; v were intended as determined by
their type, or for which sue Common Common Ar enerally are used, including, but not limited to,
easement of access, maintenance, repair or replacement of the Common Areas. Such easements
shall be appurtenant to and shall pass with the title to every Unit located within the Properties,
whether or not specifically included in a deed thereto.
(b) An exclusive easeme is hereby established in favor of DECLARANT over all
Common Areas for access to adja��` t properties for the purposes of future development and the
installation of streets and public 3l ties. twiVez yam,
12.12 Easements fo Adjacent Pro and/or Adjacent Amenities. Each Owner and
Member hereby acknowledges that DECLARANT,one or more affiliates of DECLARANT and/or
one or more principals or shareholders of DECLARANT or its affiliates may (but shall have no
obligation to) dedicate or grant easements on or relating to certain property adjacent to or in the
vicinity of the Properties for educational, conservation or similar uses. DECLARANT hereby
reserves the right to grant to third pa s;s reasonable easements of access over and across the streets,
sidewalks, Recreational Trails and mmon Ary,al on the Properties as and to the extent necessary
or appropriate for the full use any :joyment of sEY�t l
ns or easements:
47,80
12.13 Easements R with the La All easements and rights described herein are
easements appurtenant,running with the land,and shall inure to the benefit of and be binding on all
62027.4
26

l•
�f
v0L? `?
?L 'last # Book 232..4Page: 1221
undersigned, its successors and assigns, and anf Owner, purchaser, Mortgagee and other person
having an interest in said land, or any part or portion thereof, regardless of conveyance, or in any
mortgage or trust deed or other evidence of obligation, to the benefit of and be binding on the
undersigned,its successors and assigns,and any Owner,purchaser,Mortgagee and any other person
having an interest in said land,or an,c art or portion thereof,regardless of whether or not reference
to said easement is made in the re.S tive deeds�+Fp nveyance,or in any Mortgage or deed of trust
or other evidence of obligation,`y;-t e ea ents an_c� r bbeed in these Protective Covenants.
AR LE 13
MORTGAGEE PROVISIONS
13.1 Notice to Association. Upon request,each Owner shall be obligated to furnish to the
Association the name and address of the holder of any Mortgage encumbering such Owner's Unit.
0'
13.2 Failure of Morteat:... to Respon4g� Mortgagee who receives a written request
from the Board to respond to o��'� nsent any actio Ca •u ed to have approved such action the Association does not r.. w
'ive a ritten`"'. .onse within t�ii t (30)days of the mailing of such
request,provided such request is delivered to t`" Mortgagee by certified or registered mail,return
receipt requested.
ARTICLE 14
DECLARANT'S RIGHTS
14.1 Transfer of DECL--' •NT'S Rid% or all of the special rights and obligations
of the DECLARANT set forth,.;`these ' , ective Co(' a By-Laws may be transferred to
other Persons,provided that we transfer s •>t0 of reduce an o ation nor enlarge a right beyond
that contained in these Protective Covenants or e By-Laws. No such transfer shall be effective
unless it is in a written instrument signed by the DECLARANT and duly recorded in the land records
of Brunswick County,North Carolina.
14.2 Rights of DECLA' • . and Authorized Builders. Notwithstanding anything in
these Protective Covenants to the ?c trary, so long as sales of Units by the DECLARANT shall
continue,the DECLARANT,an• :•riders autho 't-r ` •ECLARANT,may maintain and carry on
such facilities and activities c`'�in th • e opinion�'r"51aLICLARANT, may be reasonably
required, convenient, or inc_:'- .tal to the�",P-.;f action or sale of such Units, including, but not
limited to,the construction and use of sales and:usiness offices,signs and model units,and the use
of any Common Areas and any facilities therein. The DECLARANT and authorized builders shall
have easements for access to and use of such facilities.
14.3 Rights to Alter. The is reserved by DECLARANT in these Protective Covenants
(including, without limitation, the :.4 t to annex property under ARTICLE 8 herein) include the
right to change,alter or designa . �it(s),- roads. `uE< • drainage facilities and easements,and to
change,alter or redesignate sub'!�therpt and propo rri`a:i'es or facilities as may in the sole
judgment of the DEC • •':' be necessa r desirable. The rights reserved in this Section
specifically include the right of DECLARANTo redesignate, change, or alter any platted Unit(s)
into road(s).
ARTICLE 15
DURATION, %�
1 - NDMENT AND TERMINATION
E�
15.1 Units, Persons a 1.4` ntities Sub' 'tltl esProtective Covenants. All present and
future Owners,tenants,and o r`.ants o is and their�j invitees, licensees, employees or
agents, shall be subject to, nd shall comwith the covenants, conditions, restrictions and
affinnative obligations set forth in these Protective Covenants,and as the Protective Covenants may
be amended from time to time. The Acceptance of a deed of conveyance or the entering into of a
lease or the entering into occupancy of any Unit shall constitute an agreement that the provisions of
these Protective Covenants are accepted and ratified by such Owner,tenant or occupant and that they
will fully comply with the terms and c ditions of said Protective Covenants.
15.2 Duration and Te ation. The Y 4,, onditions, restrictions, and affirmative
obligations of these Protectiv ovenan all inure to'tli�fit of and be enforceable by the
DECLARANT, the Associat n, or the Own f any Unit, their respective legal representatives,
heirs,successors and assigns,for a term of forty(40)years from the date these Protective Covenants
62077.4
27

S�, Inst ft 311 Book 2324Page: 1.222
are recorded in the Brunswick County Registry,after which date these Protective Covenants shall be
extended automatically for successive periods of forty(40)years,unless these Protective Covenants
are terminated as provided in§47F-2-118 of the Planned Community Act(provided that,during the
Class "B" Control Period, any termination shall also require the consent of DECLARANT). The
covenants,restrictions,conditions a e," rmative obligations of these Protective Covenants shall run
with and bind the land and shall .0 any perso at any time any interest or estate in any of
the Properties as though such .;;t' ision re made and every deed of conveyance or
lease. 4" ut,D
15.3 Amendment. As long as DECLARANT owns any of the property, described on
Exhibit A or any Future Development Property, these Protective Covenants may be amended by
DECLARANT in its discretion. Retention of this right by the DECLARANT is not intended to
materially alter the general or common scheme of development for the property herein described but
to correct and/or modify situatio i;�'or circumstances which may arise during the course of
development. Thereafter,these P c tive Cove t:e/ 4 be amended by vote of not less than sixty-
seven percent (67%) of the :e ss "A'- embers, e� ment must be recorded at the
Brunswick County Registry suchl� an am F , ent to be effectifd. In addition,the DECLARANT
may amend these Protective Covenants to annex ".ditional property and make it subject to the terms,
conditions, restrictions, obligations and covenants of these Protective Covenants as provided in
ARTICLE 8 herein.
No amendments may remov revoke, or modify any benefit, right or privilege of the
DECLARANT hereunder without t e'" ritten consent of the DECLARANT or the assignee of such
right or privilege. �-� ((g�•Q
%
15.4 Stormwater ft estrictions. twithstanding the foregoing to the contrary,
DECLARANT shall be entitled to unilaterally amend these Protective Covenants as provided in
Section 11.6 herein.
ARTICLE 16
COMPLIANCE WITH THE , PROTECTIVE COVENANTS,THE ARTICLES
THE BYLAWS AND THE 1i`' ES AND REGULATIONS OF THE ASSOCIATION
-, (fin
In the case of failure o',•': Owne omply wttiand provisions contained in these
Protective Covenants, the A'`"des, the By- or Rules and Regulations of the Association, the
following relief shall be available:
16.1 Enforcement. The Association,the DECLARANT and any aggrieved Owner within
the Residential Community shall have the right to enforce by any proceeding at law or in equity,all
of the conditions,covenants and restr, ions of these Protective Covenants and the Articles,By-Laws
and Rules and Regulations of the z 4ociation a d any and all laws hereinafter imposed pursuant to
the terms of these Protective Cy_,nants. The .M':r`= ie.rty shall be entitled to collect all costs
thereof, including reasonable�:".mey's (which sha • ' rmined using reasonable hourly
rates).
16.2 Remedies. The Association shall have the right to remedy the violation and assess
the costs of remedying same against the offending Owner as an Individual Assessment as provided in
ARTICLE 9 herein.
16.3 Sus.ension of Ri l ,~ For any vi elation by an Owner,including,but not limited to,
the nonpayment of any general,,4��cial o indivi.1�+C4 ant,the Association shall have the right
to suspend the offending 0 Jyr s votirikikhts and the tl a t,7such Owner, his agents, lessees,
employees,licensees and invi ees of the Com-ft Areas and recreational facilities in the Residential
Community for any period during which a violation continues.
16.4 Fines. The Association may establish a schedule of fines for the violation of these
Protective Covenants, the Articles,By-Laws and Rules and Regulations. If an Owner does not pay
the fine within fifteen(15)days the`jfe shall be an Individual Assessment against the property and
may be enforced by the Associatio e" accordant, .with ARTICLE 9 herein and with applicable law.
v
�- �"vo t
16.5 Remedies Cud€)'native. ' ,emedies pro-vftietce this Article are cumulative, and
are in addition to any other remedies provide aw.
62077.4
28

•
t I k 2324Page: 1223
c
•
16.6 Waiver. The failure of the Association or any person or Owner to enforce any
restriction contained in these Protective Covenants, the Articles, the By-Laws or the Rules and
Regulations shall not be deemed a waiver of the right to do so thereafter.
ARTICLE 17
NERAL PROVISIONS
17.1 Common Are.;.L' d Am es. All ofI mon Area and any other park,
recreation area, recreation fa'� ity, dedicate itess or other amenity appurtenant to the Properties,
whether or not shown and delineated on any recorded plat of the Properties, shall be considered
private and for the sole and exclusive use of the Owners of Units within the Properties. Neither
DECLARANT'S execution nor the recording of any plat nor any other act of DECLARANT with
respect to such area is,or is intended to be,or shall be construed as a dedication to the public of any
such areas,facilities,or amenities.
17.2 Conflict. In th��E`-vent of an ' . • •ble conflict between these Protective
Covenants and the By-Laws c Article the Associa r+ae provisions of these Protective
Covenants shall control. J
17.3 Severability. Invalidation of any one of these covenants or restrictions by judgment
or any court, agency or legislative order shall in no way affect any other provision, covenants,
conditions or restrictions contained in these Protective Covenants.
17.4 Captions. The cap:;:.`s precedin&j e various Articles of these Protective Covenants
are for the convenience of ref+ nce o ly, and'�1(?i.f�..r�F used as an aid in interpretation or
construction of these Protect Covens used here I�singular includes the plural and
where there is more than one Owner of a Um, 'd Owners are jointly and severally liable for the
obligations herein imposed. Throughout these Protective Covenants, references to the masculine
shall be deemed to include the feminine, the feminine to include the masculine and the neuter to
include the masculine and feminine.
17.5 Use of the Words "';?metto Creek". No Person shall use the words "Palmetto
Creek","Palmetto Creek of the `:•inas",any ' ative or any other term which DECLARANT
may select as the name of the `_�-lopm--+fit or any ereof in any printed or promotional
material without the DECL 's or th:'• ensee's prior consent. However,Owners may
use the words "Palmetto Creek" in printed or 'omotional matter solely to specify that particular
property is located within the Properties and the Association shall be entitled to use the words
"Palmetto Creek"in its name.
17.6 Conflict with Planned Community Act. To the extent any provision of these
Protective Covenants is directly inc. 'stent with the terms of the Planned Community Act and such
provision of these Protective enants ca w' easonably be reconciled with the Planned
Community Act, the terms of ` •lann Commun Ft�be controlling with regard to such
term.
a
[NEXT PAGE IS SIGNATURE PAGE]
sic
•
tic
62077.4
29

Inst it 31332]. Book 2324Page: 1229
•
IN TESTIMONY WHEREOF,the DECLARANT has caused this instrument to be executed
in its corporate name as of the date first above written.
lac
4"- �'
BY:
a,,a4-c_."1..F4...,
Presid
t�G
�? Wycv,
NORTH CAROLINA �� `fbwris s po
A •.AA41,. wa_t.COUNTY
a Notary Public of the State and County
aforesaid, certify that
this day and acknowledged that s personally came before me
that y authority dulywa North Carolina corporation, and
given as the of the corpo 1.10A 74, e foregoing instrument was
signed in its name by its President.
WITNESS my hand and official seal this day of ,2006.
4`. 7 A04,_
Doge._ Notary Public
My commission expires: fteoo
kg.HAtei:
^ ' 0
RARy
•
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Li ant
4 yam,
62077.4
30

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EXHIBIT& look aa%2222a
BEING ALL theproperty desc Ag as"Palmetto Creek of the Carolinas Section Two,"as sho on
map tlrland titled th@_ro.,n Map Cabinet 34Page 235-245 of the BmnswickCo«@
Registry. Reference to said map is 4,T eby ma af#%ceartura=�km
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620774
31

---- --
a���` 1440114111411111IIIIIII B3011 P0473 e,-2�-2:1
14:26:66.002
kaunty, NC Register of Deeds• o eeeons
� //J/pegs r of 4
Ake6 X.U.-
Lf Present r ._—_Ret:—�,
otae7- _ ,c.:v_. .Int. p
ti4~S Ck$ �r,u __Ck#,�ifd�Cash$
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� a wuPent are illegible due to condition
C Croirne„t contains seals verified by original
I:r:::ur>nt[list cannot be reproduced orcoµed
AMENDMENT
TO MASTER DECLARATION OF PROTECTIVE COVENANTS
FO'ti�`tALMETTO CREEK
.•
Prepared by: Murchison,Taylor :SF'ibsor6 PLLC;�'6 ;Irjfth Avenue,Wilmington,NC 28401
411
STATE OF NORTH CAROL •-' Va°
COUNTY OF BRUNSWICK
This AMENDMENT TO MASTER DECLARATION OF PRQQTECTIVE COVENANTS
FOR PALMETTO CREEK (the "Amendment") is made this ,p/grday of VINVAAV ,
2010,by XDV,INC.,a North Carolina corporation("Declarant").
1�,�° ITNESSETH: .
WHEREAS, the Declar• e-' reto ore er lifer aster Declaration of Protective
Covenants for Palmetto Creek, .,'`cause,'IFt: same to be r- ,F.6in Book 2324,Page 1195,et
seq. in the Brunswick Count J'egistry (as ' '': afore or hereafter amended, the "Protective
Covenants");and
WHEREAS,capitalized terms used herein shall have the same meanings ascribed to such
terms in the Protective Covenants unless otherwise defined herein;and
WHEREAS, Section 10.3 of`, - Protective Covenants provide that all construction
activities on Lots shall be subject t.ti,'a Design 'defines, which Design Guidelines shall be
adopted by the Architectural Revi`,` o ittee rlf viC�,` I may be amended by the ARC
subject to the approval of the Boo: of Dir s;and U
WHEREAS,that certain Supplemental Dec aration recorded in Book 2545,Page 6 in the
Brunswick County Registry, Declarant included on an exhibit, among other things, certain
minimum square footage requirements which had been adopted by the ARC as part of the Design
Guidelines at that time;and
WHEREAS,pursuant to the autt• 'ty granted in Section 10.3 of the Protective Covenants,
the ARC,with the approval of the Bo...;4 of Dire has amended the DesignGuidelines in order
to modify situations and circumsta <<:` whi hchhhave ,,.;'• the course the development of
•the Subdivision and to thereby rail•c'I e stars of the Sus f ,G d
WHEREAS,Section 15.3 of the Protective Covenants provides that as long as the Declarant
owns any of the property described in the Protective Covenants,the Protective Covenants may be
amended by the Declarant in its discretion;and
~\'
93945 < I C-u
_.: / ct
RECEIVED
�; ~4 eg
~ �Q Q MAY 11 2010
ira ol,
I-- a.

d� t. 111111114414111III Brenda M. Clemmons
a` wickunty, later of Deeds page 2 of 4
WHEREAS, the Declarant has determined that if and to the extent that the prior square
footage requirements were made part of the Protective Covenants,the amendment to the Protective
Covenants contained herein is necessary in order to reflect the amended Design Guidelines;and
NOW THEREFORE, in accord:Ice with its rights under Section 15.3 of the Protective
Covenants,the Declarant does hereby,ire nd the Protective Covenants as follows:
1. A new Section 10 013 is ad . tot eaPrfb l } , 8venants as follows:
�N k
"10.10 Minimum Size of Resice• Variance. Residences must be
constructed with at least the amount of square feet of heated floor space shown on
the Exhibit A attached to the Supplemental Declaration (and reattached to this
Amendment), exclusive of porches, steps, walks, garages, carports, storage areas,
etc. In computing the number of square feet allowed as provided herein,no square
footage in any part of the dwelli that is constructed over a garage will be counted,
unless it is on the same utility , up as the main dwelling and is a finished part of
the constructed living space he ARC m':4.Z.04'ze in its discretion reasonable
variances of up to ten pe t (10 of the re d:i', WI um square feet when
circumstances such as t� graphy, n obstructions, Tdship, or aesthetic or
environmental considerations require."
2. Declarant hereby declares that the Property shall be held, sold, and conveyed
subject to the Protective Covenants, as amended herein, which covenants shall run with title to
the Property and shall be binding on all parties having any right,title,or interest in the described
Property or any part thereof,and shall i re to the benefit of each owner thereof.
EXCEPT AS AMENDED .: 'EIN,the PiIk/stelt Covenants shall be and remain in full
force and effect. ��•�
-'tea ui eft
93945 ti4 2
J��G Q[0 L L (�

1I 1 B3016 P0415 0 .251:102
Njt"I!IIIIIII Brenda n. Cleseons
Br Sek County, NC Register of Deeds page 3 of 4
XDV,INC.
B :; G� (SEAL)
tip~ Robert C.G. ,President
(t9uQa
STATE OF NORTH CAROL
COUNTY OF glel//t/s1t A
(County where acknowledgment taken)
I, l7/4/ze M'. , ,¢gjr , a Notary Public in and for
R2lJq/ GlJ!A_[C Coin m
`, North Carolina, certify that Robert C. G. Exu
personallycame before me this da . ` d acknowl ,:t he is President of XDV,Inc.a North
Carolina corporation, and that .uthor-r„ duly giv- =r4 a act of the corporation, the
foregoing instrument was sign .- its name • President. �`"�DD
WITNESS my hand and official seal this of Slay ay of ,7,�17/lJ/h 41 ,2010.
dpe,a,x.:6
Notary blic
My commission expires: afiNekep
9
NOTARY 9,
PUBLIC n L
J
93945 F• 3
kft
ti
4 ' (�

ti
4 I, I,Ilillllll�14' 1I�II!i !!!!rII Br lek County, NC of Deeds page . of 4
EXHIBIT A
Phase Section +0' Minimum Minimum
# # Lot# 4`` Sq.Ft.fp ,1t Sq.Ft.for 2 I Max BUA
*4.`` 44.44tory apt
One One 1,2,21-58 1,8 2,100 5,400
One One 3-20 2,000 2,400 6,500
1,2,11-110, 113-4,
115, 119, 122 ,,,\
One Two 123,126, 1 e 1,80(0ti 2,100 6,000
131, 13 ,6 '��FM7/7 pep
3-10, 11 F 112, ,,,,,
116-118, 120,
One Two 2,000 2,400 6,000
121, 124, 125,
127, 132-137
,I
One Three 1-10, 13-32, `��
38-65 sF 1,450 Q A. 3330
11 12 33 ;' ,36, f
One Three 31' '
1,4 N/A 3,330
One Four 1-11, 14,25-29,
32-68 «, 1,600 2,000 3,500
One Four 12, 13, 15-24,31 ,
31 `4.s;� 1,600k 0 3,500
L00eo
Sib
93945 tiF~ 4
1'?'
1�

" !I II I I III I II III p����07_�_2®°'
i I
,t�0..1,=� Robert J. Ro lnson 28.0e°
146% Brunswiok Cou 'NC Register of Dsads page 1 of 3
OCR c7N
•
t�p4 ! lr�l�p`}r ,
64% t I 1 v
3 fmta�REv. TCI .3?
RED .CK A„(T7-p CK# �I
1 a;:;.,,k.�
SUPPLEMENTAL DECLARATION
TO MASTER DECL ' ION OF PROTECTIVE COVENANTS
FO ALMETTO CREEK
elAgezz
Prepared by: Murchison,Taylo, "Gibson,r.,: C, 16 NoahVAIW,Ayenue,Wilmington,NC 28401
STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK
This SUPPLEMENTAL DECLARATION TO MASTER DECLARATION OF.
PROTEC IVE FOR PALMETTO CREEK(the "Supplemental Declaration") is made this Oil
day of h,y.,2007,by Xli ,INC.,a North Carolina corporation("Declarant").
nu �
W S
WHEREAS, the Decl: t heretofore uted the Master Declaration of Protective
Covenants for Palmetto Creek,and caused the same to be recorded in Book 2324,Page 1195,et
seq.in the Brunswick County Registry(herein the"Protective Covenants");and
WHEREAS,in accordance with Section 11.6 of the Protective Covenants,the Declarant
has the right to amend the Protective Covenants for the purpose of imposing additional
restrictions upon the Properties as : the extent required by the terms of the stormwater
permit issued by the State of North . olina;and fin
WHEREAS, in eonnec`' with Sta't� tormwater anagement Permit Number SW8
050239 issued to the Declarant from the Divisi h of Water Quality ("DWQ") under NCAC
2H.1000,DWQ is requiring that the Protective Covenants be amended to include the rules and
regulations as provided in this Supplemental Declaration;
NOW THEREFORE, in accordance with its rights under Section 11.6 of the Protective
Covenants,the Declarant does hereby•. nd the Protective Covenants as follows:
1. The first senten� Gael
of Arfi a 11, Sec I, Ii is hereby deleted in its
entirety and replaced by the f+)€owing:
"(f) The maximum built-upon area per Lot is described in Exhibit A attached
to this Supplemental Declaration."
noes ti� 1 Co
ti4
J`' 14 �1sC0

_.... ...._. ...
1iff�1111111111 III III az545 ��0e?1° o:7�samme
unswLck County, NC Register of Deeds page 2 of 3
2. Declarant hereby retains and shall have the unilateral right, by Supplemental
Declaration,to amend the Protective Covenants as DWQ shall reasonably require in connection
with stormwater management permits a..licable to the Property.
3. Declarant hereby es that thAfr shall be held, sold, and conveyed
subject to the Protective Cov Nor ts, as ended by�fsiel7$ emental Declaration, which
covenants shall run with title t c e Property aiall be binding on all parties having any right,
title, or interest in the described Property or any part thereof, and shall inure to the benefit of
each owner thereof.
EXCEPT AS AMENDED HEREIN,the Protective Covenants shall be and remain in full
force and effect.
,tip
By: i G _ (SEAL)
Robert C. .Exum,P ident
NORM
DUES Co .:•
I, A/iFNE /i{. :, C
u),4ip.,` a Notary PU-Slic of the State and County
aforesaid,certify that Robert C.G.Exum persona+came before me this day and acknowledged
that he is President of XDV,INC.,a North Carolina corporation,and that by authority duly given
and as the act of the corporation, the foregoing instrument was signed in its name by its
President.
WITNESS my hand and official, ±:al this/S day of +4RIl/,4 V ,2007.
c"� �(r ”1'
NOW ublic
My commission expires:
vl,,.s r9-07
"
•
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�L�QU� fa a
1 1
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ti�
..._. ..ti .. I
`� 1 ��� ���� ����� 12545 PN08 0, -26.0
?� 10.28:26,000
Jc� obert T. Robinson
Brunswick ount C Register of Deeds page 3 of 3
EXHIBIT A
Phase Section -. Minimum Minimum
# # Lot# ,Nti Sq,Ft.il9 ,-_ Ft.for 2 Max BUA
�'3` tory T `heel,
One One 1,2,21-58 1,800 2,100 5,400
One One 3-20 2,000 2,400 6,500
1,2, 11-110, 113 0
115One Two 123,126, 12`-��~ 1,80& 2,100 6,000
131, 13 �, 46 k*G�p aD
3-10, 111, 112, Nta -
116-118, ]20,
One Two 2,000 2,400 6,000
121, 124, 125,
127, 132-137
tip'" -
One Three 1-10,13-32, �, (USb
38-65,�' lio44450
` /RD 3330
One Three 11, 12'33,E-=4,36,
37 1,45 N/A 3,330
1-11, 14,25-29,
One Four
32-68 .a� 1,60t 2,000 3,500
One Four 12, 13, 15-24,3.; 1
31 ._' . 6, 1,60 �3�1D 3,500
�F
72068

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REC'D MAY 11 2010
Coastal Land Design, PLLC
Civil Engineering/Landscape Architecture
Land Planning/Construction Management
To: NCDENR—Wilmington Regional Office Date: May 10,2010
127 Cardinal Drive Extension File: 101-01
Wilmington,NC 28405 Subject: Ownership Transfer and Stormwater
(910)796—7215 Certification for Palmetto Creek of the
Attn: David Cox Carolinas SW8 050239
❑As Requested ❑For Your Files ❑ For Distribution ®For your Review/Action/Approval
❑ Sent via Mail ❑ Sent via Courier
Quantity Drawing No. Description
1 Original Transfer Letter,Designers Certification,Allocation Table, Stormdrain Schedule
1 Original SWW N/O Change
1 SW1-SW3 Stormwater Plans
1 Copy Articles of Incorporation and Warranty Deed for POA
1 Copy Protective Covenants for POA
1 Copy Recorded Plats
RECEIVED
MAY 11 2010
8Y:
REMARKS Please contact our office if you have any questions or concerns.Thank you.
CC: File Coastal Land Design,PLLC
Bert Exum
Signed '
o`,P.E.
NCDENR-Trans-05 10 10

Palmetto Creek of the Carolinas 5/10/10
Lot Impervious Allocation
Permitted Allocation
# of Lots impervious Allocation Total Impervious
62 5,400 sf 334,800 sf
146 6,000 sf 876,000 sf
67 3,500 sf 234,500 sf
66 3,300 sf 217,800 sf
Total: 1,663,100 sf
Recorded Allocation
# of Lots Impervious Allocation Total Impervious
Section 1 18 6,500 sf 117,000 sf
Section 1 40 5,400 sf 216,000 sf
Section 2 146 6,000 sf 876,000 sf
Section 3 64 3,330 sf 213,120 sf
Section 4 68 3,500 sf 238,000 sf
Total: 1,660,120 sf
MAY 11 2010
F

Storm Drain Schedule
FROM I Rim Dn I Inv.Dn I TO I Rim Up I Inv.Up I Description
FES1 26.50 23.50 JB3 30.00 24.19 138 ' of 36 " CPP
JB3 30.00 24.19 CB8 30.34 24.91 143 ' of 36 " CPP
CB8 30.34 24.91 CB7 30.34 25.02 22 ' of 36 " CPP
CB7 30.34 25.52 CB6 33.04 26.96 288 ' of 30 " CPP
CB6 33.04 26.96 CB5 33.04 27.07 22 ' of 30 " CPP
CBS 33.04 28.07 JB1 34.21 28.58 101 ' of 18 " CPP
JB1 34.21 28.58 CB3 36.57 30.07 149 ' of 18 " CPP
CB3 36.57 30.07 CB4 36.57 30.76 69 ' of 18 " CPP
CB3 36.57 30.07 CB2 35.79 31.66 159 ' of 18 " CPP
CB2 35.79 31.66 CBI 35.79 32.03 74 ' of 18 " CPP
CB5 33.04 27.57 CB12 32.47 28.27 140 ' of 24 " CPP
CB12 32.47 28.27 CB11 32.47 28.38 22 ' of 24 " CPP
CB12 32.47 28.77 JB2 34.85 29.31 107 ' of 18 " CPP
JB2 34.85 29.31 CB 10 34.96 30.16 171 ' of 18 " CPP
CB10 34.96 30.16 CB9 34.96 30.26 22 ' of 18 " CPP
FES16 26.64 24.64 CB17 29.65 25.43 158 ' of 24 " CPP
CB17 29.65 25.43 CB 18 29.65 25.65 22 ' of 24 " CPP
FES19 27.25 25.25 JB20 33.50 28.50 64 ' of 24 " CPP
JB20 33.50 29.00 CB21 36.69 31.08 209 ' of 18 " CPP
CB21 36.69 31.08 CB22 36.32 31.65 56 ' of 18 " CPP
JB20 33.50 29.00 CB23A 36.50 32.80 169 ' of 18 " CPP
CB23A 36.50 32.80 CB23 38.00 33.84 46 ' of 18 " CPP
CB23 38.00 33.84 CB24 39.21 34.84 100 ' of 18 " CPP
CB24 39.21 34.84 CB25 39.21 35.08 24 ' of 18 " CPP
CB23A 36.50 32.80 CB23B 35.50 33.00 109 ' of 18 " CPP
CB23B 35.50 33.00 CB23C 36.75 33.40 80 ' of 15 " CPP
CB23C 36.75 33.40 CB23D 35.75 33.55 30 ' of 15 " CPP
CB23B 35.50 33.00 CB23E 35.45 33.17 35 ' of 12 " CPP
FES26 27.25 25.25 JB27 33.00 27.67 51 ' of 24 " CPP
JB27 33.00 27.67 CB29B 33.50 28.10 138 ' of 24 " CPP
CB29B 33.50 28.10 CB28A 33.50 28.22 38 ' of 24 " CPP
CB28A 33.50 28.22 CB29A 35.70 28.88 207 ' of 24 " CPP
CB29A 35.70 28.88 CB29 34.25 29.88 58 ' of 24 " CPP
CB29 34.25 29.88 CB30 34.25 30.00 24 ' of 24 " CPP
JB27 33.00 27.67 CB31 33.06 28.98 263 ' of 24 " CPP
CB31 33.06 29.48 CB32 33.06 29.60 24 ' of 18 " CPP
FES33 26.95 24.95 CB34 30.10 25.98 207 ' of 24 " CPP
CB34 30.10 25.98 CB35 30.10 26.10 24 ' of 24 " CPP
FES36 26.34 23.84 CB37 29.50 24.88 208 ' of 30 " CPP
CB37 29.50 24.88 CB38 29.90 25.00 24 ' of 30 " CPP
CB38 29.90 25.00 RISER39 31.00 27.00 264 ' of 30 " CPP
Palmetto Creek of the Carolinas 1 of 3

Storm Drain Schedule
FROM I Rim Dn I Inv.Dn I TO Rim Up Inv.Up I Description
FES51 21.50 19.00 JB52 24.00 19.04 26 ' of 30 " CPP
JB52 24.00 19.04 JB53 25.00 19.63 118 ' of 30 " CPP
JB53 25.00 19.63 CB54 25.96 21.46 368 ' of 30 " CPP
CB54 25.96 21.96 CB55 28.73 24.65 305 ' of 24 " CPP
CB55 28.73 24.65 CB56 34.22 27.05 240 ' of 24 " CPP
CB56 34.22 29.50 CB57 35.39 30.77 182 ' of 18 " CPP
CB57 35.39 30.77 CB58 35.39 30.89 22 ' of 18 " CPP
JB52 24.00 20.04 CB59 25.00 21.50 141 ' of 18 " CPP
CB54 25.96 22.36 CB62 25.96 22.46 20 ' of 18 " CPP
CB55 28.73 25.13 CB63 28.73 25.23 20 ' of 18 " CPP
CB56 34.22 29.50 CB64 34.22 29.72 20 ' of 18 " CPP
CB56 34.22 27.55 CB65 32.96 28.39 170 ' of 18 " CPP
_ CB65 32.96 28.39 CB66 32.96 28.50 22 ' of 18 " CPP
JB53 25.00 19.63 CB60 25.03 20.20 113 ' of 18 " CPP
FES67 21.00 19.00 CB68 23.53 19.53 53 ' of 24 " CPP
CB68 23.53 19.53 JB69 25.85 21.35 170 ' of 24 " CPP
JB69 25.85 21.35 CB70 28.40 23.90 294 ' of 24 " CPP
CB70 28.40 23.90 CB71 29.75 25.25 106 ' of 24 " CPP
CB71 29.75 25.25 CB72 31.06 26.36 121 ' of 24 " CPP
CB72 31.06 26.36 CB73 30.83 26.77 83 ' of 24 " CPP
CB73 30.83 27.21 CB74 30.83 27.33 24 ' of 18 " CPP
CB68 23.53 19.93 CB75 23.53 20.03 20 ' of 18 " CPP
CB70 28.40 24.40 CB76 28.40 24.50 20 ' of 18 " CPP
CB72 31.06 26.86 CB77 31.06 27.01 30 ' of 18 " CPP
FES78 21.50 20.00 CB79 28.77 24.53 119 ' of 18 " CPP
FES81 21.00 19.00 CB82 26.60 22.10 22 ' of 24 " CPP
CB82 26.60 22.10 CB83 26.60 22.30 24 ' of 24 " CPP
CB83 26.60 22.80 CB84 31.52 27.52 178 ' of 18 " CPP
CB84 31.52 27.52 CB85 31.94 27.94 57 ' of 18 " CPP
FES89 18.26 15.76 JB90 25.00 16.22 91 ' of 30 " CPP
JB90 25.00 16.22 JB91 25.00 16.56 68 ' of 30 " CPP
JB91 25.00 16.56 RISER92 21.00 18.00 288 ' of 30 " CPP
FES93 16.76 14.76 CB94 19.53 14.96 40 ' of 24 " CPP
CB94 19.53 14.96 CB95 20.16 16.05 218 ' of 24 " CPP
CB95 20.16 16.05 CB96 20.16 16.16 20 ' of 24 " CPP
CB96 20.16 16.16 JB97 23.00 18.40 71 ' of 24 " CPP
JB97 23.00 18.40 CB98 23.26 19.14 147 ' of 24 " CPP
CB98 23.26 19.64 CB99 23.26 19.76 24 ' of 18 " CPP
CB94 19.53 15.46 CB100 19.53 15.90 87 ' of 18 " CPP
FES 101 14.64 12.14 CB 102 15.50 12.79 L130 ' of 30 " CPP
CB102 15.50 12.79 FES103 16.76 14.26 295 ' of 30 " CPP
Palmetto Creek of the Carolinas 2 of 3

Storm Drain Schedule
FROM I Rim Dn I Inv.Dn I TO I Rim Up I Inv.Up Description
FES104 11.25 9.25 CBI05 12.65 9.34 35 ' of 24 " CPP
CBIOS 12.65 9.34 JB 105B 13.87 9.61 108 ' of 24 " CPP
JBI05B 13.87 9.61 CB106 14.34 9.89 55 ' of 24 " CPP
JB105B 13.87 10.11 CB 106B 13.36 10.29 73 ' of 18 " CPP
JB 105B 13.87 9.61 CB106C 13.36 9.80 74 ' of 24 " CPP
FES107 22.00 20.00 CB108 25.64 22.28 137 ' of 24 " CPP
CB108 25.64 22.78 CB109 25.64 22.89 22 ' of 18 " RCP
FES 110 21.50 19.00 CB111 23.26 19.20 34 ' of 30 " CPP
CB111 23.26 19.20 CB112 27.11 21.25 221 ' of 30 " CPP
CB112 27.11 21.25 CB113 27.11 21.36 22 ' of 30 " CPP
CB113 27.11 21.86 CB114 27.26 23.15 258 ' of 24 " CPP
CB114 27.26 23.15 CB115 27.26 23.26 22 ' of 24 " CPP
CB111 23.26 20.15 CB116 23.26 20.26 22 ' of 18 " RCP
FES117 22.50 21.00 CB118 29.35 25.13 170 ' of 18 " CPP
CB118 29.35 25.13 CB119 29.35 25.35 22 ' of 18 " CPP
FES120 22.50 21.00 CB121 30.14 25.92 140 ' of 18 " CPP
CB121 30.14 25.92 CB122 30.14 26.14 22 ' of 18 " CPP
FES123 30.00 28.00 CB124 33.86 29.86 40 ' of 24 " CPP
CB124 33.86 29.86 JB125 35.00 30.53 94 ' of 24 " CPP
JB125 35.00 30.53 CB126 36.37 32.27 349 ' of 24 " CPP
CB126 36.37 32.77 CB127 36.37 32.87 20 ' of 18 " CPP
CB124 33.86 30.26 CB128 33.86 30.36 20 ' of 18 " CPP
FES129 19.50 18.00 CB130 22.75 18.75 54 ' of 18 " CPP
CB130 22.75 18.75 CB131 28.27 23.55 150 ' of 18 " CPP
CB131 28.27 23.55 CB132 28.27 23.77 20 ' of 18 " CPP
FES133 27.50 25.50 CB135 30.83 26.73 38 ' of 24 " CPP
CB135 30.83 26.73 CB136 30.83 26.83 20 ' of 24 " CPP
FES137 27.28 25.28 JB138B 34.00 25.50 45 ' of 24 " CPP
JB138B 34.00 25.50 JB138 33.50 26.16 133 ' of 24 " CPP
JB138 33.50 26.16 JB139 32.00 26.51 70 ' of 24 " CPP
JB139 32.00 26.51 CB140 30.95 26.85 68 ' of 24 " CPP
CB140 30.95 26.85 CB141 30.95 26.95 20 ' of 24 " CPP
FES142 27.50 25.50 CB143 30.80 26.47 33 ' of 24 " CPP
CB143 30.80 26.47 CB144 30.80 26.70 46 ' of 24 " CPP
CB144 30.80 27.20 CB145 30.80 27.30 20 ' of 18 " CPP
FES146 13.50 11.00 JB147 20.50 16.00 188 ' of 30 " CPP
111147 20.50 16.00 EM OUT2 29.25 24.00 400 ' of 30 " CPP
Palmetto Creek of the Carolinas 3 of 3

RECEIVED
A75141, MAY 11 2010
NCDENR �—=--_
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: 5 1 $ o5o Z 35
2. Project Name: ►?AL1,4d rr 0 i,4 4.S
3. Current Permit Holder's Company Name/Organization: X IV',. �
4. Signing Official's Name: 03aIZ.i 64.- gx 0M Title: �Zj rs•t�E..•f-'
(person legally responsible for permit)
5. Mailing Address: -p0 30 x /4/#7
City: a,L4,4,1.1&roo.! State: rl G Zip: Z54oZ
6. Phone: ( 1/O ) 31Z- 13Z' Fax: ( 4,/(2 ) 342 - 43Z7
II. PROPOSED PERMITTEE / OWNER / PROJECT/ADDRESS INFORMATION
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items 1, 2 and 3 below)
❑ Name change of project (Please complete Item 5 below)
E,Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
Mailing address/phone number change. (Please complete Item 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization: PL.U-{, rrc, CIZ' - P7A, 1 tC
2. Proposed permittee's signing official's name: ?O13ar- 64- '6 -i
3. Proposed permittee's Title: f iZS1 �" f
4. Mailing Address: ll i6 px.L.r4 r i r, eft= K L /
City: ZO -+vt h State: rl C. Zip: 7$4zz
Phone: ( '10 ) 75 - ' / 5 Fax: ( qi(2) 75 5- 6e7.4
5. New Project Name to be placed on permit:
Please check the appropriate box. The proposed permittee listed above is:
[ HOA or POA (Attach a copy of the deed transferring ownership of all common areas. Print Name
of HOA or POA in#1 above and provide name of HOA(POA)president in#2 above).
❑ The property owner.
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement and complete Property Owner
Information on page 4)
❑ Developer (Complete Property Owner Information on page 4)
SSW N/O Change Rev16Nov2009 Page 1 of 4

III. REQUIRED ITEMS
This application package will not be accepted by the Division of Water Quality unless all of the
applicable required items listed below are included with the submittal.
1. This completed and signed form.
2. Legal documentation of the transfer of ownership. (For Permit Transfers Complete Current Permittee
and Proposed Permittee Sections)
3. A copy of the recorded deed restrictions, if required by the permit.
4. The designer's certification, if required by the permit and if not already submitted to DWQ.
5. If the Proposed Permittee is a corporation, LLC or General Partnership, provide documentation from
the Secreta of State office, which supports the named president, vice president, member, manager
or General Partner.
6. The$40.00 processing fee. If this is an initial transfer from the original permittee to the property owner
or other responsible party such as an HOA, the processing fee is not required. Subsequent ownership
transfers will require the$40.00 processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements:
❑ Check here if the Current Owner is only changing the owner name, company name or project
name, or the mailing address, and will retain ownership of the permit.
I, , the current owner, hereby notify the Division of
Water Quality that I am changing my name or company name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed and that if all required supporting
information and attachments as outlined above are not included, this application package will be
returned as incomplete.
Ej Check here if Current Owner is transferring (selling) the property to a new owner and will not
retain ownership of the permit.
I, 0 1 42X CCU- gX , the current owner, am submitting this application for a transfer of
ownership for permit# 5k.1 o Z3S . I hereby notify DWQ of the sale or other legal transfer
of the stormwater system associated with this permit. I further acknowledge and attest that I have
transmitted a copy of the most recent permit, a copy of the Designers Certification, a copy of the
DWQ approved plans and/or approved as-built plans, a copy of the approved Operation and
Maintenance agreement and copies of past maintenance records to the Proposed Permittee named
in Sections II and V of this form at the mailing address listed in Section II of this form. I further attest
that I assign all rights and obligations as permittee to the Proposed Permittee named in Section V of
this form. I understand that this transfer of ownership cannot be approved by the Division of Water
Quality unless and until the facility is in compliance with the permit and the Proposed Permittee signs
this form. I understand that in the event the facility is not in compliance or the Proposed Permittee
does not sign this form, the responsibility to bring the facility into compliance and to comply with the
terms and conditions of the permit remains with me until such time as the Proposed Permittee signs
this form and the Division approves it.
Signature: ( C.J .CST Date: 1/°2 $-• /0)
I, , a Notary Public for the State of
Lin 6-15(-I OfLi O-Q lAtev , County of t.Vv1&ty l C...Lz_. , do hereby certify that
1�b L.L4 a 61 LkUENA personally appeared before me this the
day of a Ph.J , 20 0, and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal, (Notary Seal)
• LISA B. BRITT1
�� �, Notary Public, North Carolina
�ot.ry Signature Brunswick County
My Commission Expires
SSW N/O Change Rev16Nov2009 Page 2 of 4 September 16, 2013

V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permittee for all transfers of ownership)
1, Re213�Izr !.Cr- Ely v M , hereby notify the Division of Water Quality that I have
acquired through sale, lease or legal transfer, the responsibility for constructing and/or operating and
maintaining, the permitted stormwater management system. I have examined the permit and
inspected the permitted facility, and agree to assume the rights and liabilities contained in the permit
and to comply with the terms and conditions of the permit.
I attest that I have reviewed this application for an ownership change and it is accurate and complete
to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information and attachments are not included, this
application package will be returned as incomplete.
I further acknowledge and attest that in the event the required facility inspection reveals that the
project is not in compliance with the permit, I understand this transfer of ownership will not be
approved until the project is brought into compliance. I acknowledge and attest that I have received a
copy of the most recent permit, a copy of the Designer's Certification, a copy of the DWQ approved
plans and/or approved as-built plans, a copy of the approved Operation and Maintenance agreement
and copies of past maintenance records from the previous permittee. I further acknowledge and
agree that I will construct and/or operate and maintain the system per the requirements listed in the
permit and in the Operation and Maintenance agreement.
Signature: et( 4 (�____ ,i9 Date: i/- 24-- 1 U
I, LLS_GL r-B • t L4-'t , a Notary Public for the State of
I tYlq-1,. Oc'Lii Lin& , County of itin,S,..LA_)t 61,c— , do hereby certify that
bl'2 tt" Ci3 personally appeared before me this the
off? ' day of ap L I , 20 I b , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
Xar1-41)45-b
y Signature US B. BRI T
Notary Public, North Carolina
Brunswick County
Mv.Commission Expires
September 16, 2013
Additional copies or the original permit and the approved Operation and Maintenance plan can be
obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and processing fee, should be sent to the
appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document. Both the lessee/developer and the property
owner will appear on the permit as permittees.
SSW N/O Change Rev16Nov2009 Page 3 of 4

VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections Il and V of this form is not the Property Owner, the.
Property Owner must provide his/her Contact Information below and sign this form:
Printed Name: •
Organization:
Title within the Organization:
Street Address:
City: State: Zip:
Mailing Address:
(if different from street address)
City: State: Zip:
Phone: Fax:
Email:
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop, lease or purchase the property. A
copy of the lease agreement or pending property sales contract has been provided with the
submittal, which indicates the party responsible for the construction and/or operation and
maintenance of the stormwater system.
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and that if the designated Proposed
Permittee dissolves their company and/or cancels or defaults on their lease agreement or pending
sales contract, responsibility for compliance with the DWQ Stormwater permit reverts back to me,
the property owner. As the property owner, it is my responsibility to notify DWQ by submitting a
completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or
purchaser for the property. I understand that failure to operate and maintain the stormwater
treatment facility in accordance with the permit is a violation of NC General Statue 143-215.1, and
may result in appropriate enforcement action including the assessment of civil penalties of up to
$25,000 per day, pursuant to NCGS 143-215.6.
Signature of the property owner Date:
a Notary Public for the State of
, County of , do hereby certify that
personally appeared before me this the
day of , 20 , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature
SSW N/O Change Rev16Nov2009 Page 4 of 4

C200604200328 SOSID:08225699----
Date Filed: 1/13/2006 8:31:00 AM
Elaine F.Marshall 1
North Carolina Secretary of State
C200601200328
ARTICLES OF INCORPORATION
OF
PALMETTO CREEK POA,INC.
A NON-PROFIT CORPORATION
In compliance with the requirements of Chapter 55A of the General Statutes of North
Carolina, the undersigned being of the age of eighteen years or more, does hereby make and
acknowledge these Articles of Incorporation for the purpose of forming a corporation not for profit
and does hereby certify:
ARTICLE 1.
NAME
The name of the corporation is Palmetto Creek POA, Inc., hereinafter called the
Corporation.
ARTICLE 2.
DURATION RECEIVED
The period of duration of the Corporation shall be perpetual. ii MAY 11 20t0
ARTICLE 3.
REGISTERED OFFICE AND AGENT,PRINCIPAL OFFICE
The initial registered office of the Corporation and the principal office of the Corporation is
located at 151 Poole Road,Suite C,Belville,Brunswick County,North Carolina 28451;the mailing
address of the registered office and also the principal office is P. O. Box 1967, Wilmington, NC
28402, and the name of the initial registered agent of the Corporation at such address is Robert C.G.
Exum.
ARTICLE 4.
PURPOSES AND POWERS
This Corporation does not contemplate pecuniary gain or profit to the members thereof. No
part of the net income of the Corporation shall inure to the benefit of any officer, director or
member of the Corporation. The specific purposes for which it is formed are to provide for the
maintenance, management and preservation of that certain development known as Palmetto Creek
(hereafter"Development")as shown and described on the plats thereof recorded in the Office of the
Register of Deeds of Brunswick County, North Carolina, and any additions thereto which may be
brought within the jurisdiction of the Corporation; and to promote the health, safety and welfare of
the Owners of Lots in the Development, and any additions thereto as may hereafter be brought
within the jurisdiction of this Corporation.
62078.2

G200601200328 --
ARTICLE 5.
MEMBERSHIP
The Corporation shall have members. Every person or entity who is a record Owner of a
fee or undivided fee interest in any Lot which is subject by the Master Declaration of Protective
Covenants for Palmetto Creek(the "Protective Covenants") to assessment by the Corporation shall
be a member of the Corporation. The foregoing is not intended to include persons or entities who
hold an interest merely as security for the performance of an obligation. Membership shall be
appurtenant to and may not be separated from ownership of any Lot which is subject by the
Protective Covenants to assessment by the Corporation.
ARTICLE 6.
BOARD OF DIRECTORS
The number, qualifications and method of election of the Board of Directors shall be fixed
by the Bylaws of the Corporation (the "Bylaws"). Until his successor is otherwise selected and
qualified as set forth in the Bylaws, there shall be one (1) Director whose name and address is as
follows:
Robert C.G.Exum
PO Box 1967
Wilmington,NC 28402
Cathie Johnston
398 Carl Street,Suite 101
Wilmington,NC 28403
ARTICLE 7.
DISSOLUTION
The Corporation may be dissolved with the assent given in writing and signed by not less
than eighty percent (80%) of the Members of each class of votes within the Corporation. Upon
dissolution of the Corporation, other than incident to a merger or consolidation, the assets of the
Corporation may be dedicated to an appropriate public agency to be used for purposes similar to
those for which this Corporation was created or such assets may be granted, conveyed and assigned
to any nonprofit corporation, association, trust or other organization to be devoted to such similar
purposes or after all of its liabilities and obligations have been discharged or adequate provisions
made therefor, or be distributed as provided for by the Non-Profit Corporation Act of the State of
North Carolina or may be distributed as provided by the Planned Community Act of the State of
North Carolina. Dissolution shall conform to the terms and conditions of the North Carolina
Planned Community Act.
62078.2 2

000601200328
ARTICLE 8.
TAX STATUS
Notwithstanding any other provision of these Articles, the Corporation shall be entitled to
elect tax-exempt status under Section 528 of the Internal Revenue Code of 1986 or any
corresponding sections or provisions of any future United States Internal Revenue Law (the
"Code")to the extent provided by law. This Corporation shall not carry on any activities prohibited
by a corporation electing tax-exempt status under Section 528. It is further provided that no
distributions of income of the Corporation are to be made to members, directors or officers of the
Corporation, except that members of the Corporation may receive a rebate of any excess dues and
assessments previously paid to the extent permitted by the Code and applicable law.
ARTICLE 9.
INCORPORATOR
The name and address of the incorporator of this Corporation is:
Robert C.G.Exum
P.O. Box 1967
Wilmington,NC 28402
IN WITNESS WHEREOF, for the purpose of forming this Corporation under the laws of
the State of North Carolina, I, the undersigned, being the incorporator of this Corporation, have
executed these Articles of Incorporation this the 11th day of January,2006.
iZeita—C..-<) (SEAL)
Robert C.G.Exern,Incorporator
62078.2 3

STD:0822569
Date Filed:5/9/2007 2:44:00 PM
Elaine F.Marshall
North Carolina Secretary of State
C200710700259
STATE OF NORTH CAROLINA
DEPARTMENT OF THE SECRETARY OF STATE
STATEMENT OF CHANGE OF REGISTERED
OFFICE AND/OR REGISTERED AGENT
Pursuant to §55D-31 of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of
changing its registered office and/or registered agent in the State of North Carolina.
INFORMATION CURRENTLY ON FILE
The name of the entity is: Palmetto Creek POA,Inc.
Entity Type:❑Corporation,['Foreign Corporation,❑Nonprofit Corporation,OForeign Nonprofit Corporation,
OLimited Liability Company,['Foreign Limited Liability Company['Limited Partnership,['Foreign Limited Partnership,
['Limited Liability Partnership,❑Foreign Limited Liability Partnership
The street address and county of the entity's registered office currently on file is:
Number and Street: 151 Poole Road,Suite C
City,State,Zip Code:Belville,NC 28451 County; Brunswick
The mailing address if different from the street address of the registered office currently on file is:
P.O.Box 1967,Wilmington,NC 28402
The name of the current registered agent is: Robert C.G.Exum
NEW INFORMATION
1. The street address and county of the new registered office of the entity is:
(complete this item only if the address of the registered office is being changed)
Number and Street: 1630 Military Cutoff Road,Suite 108
Wi
City,State,Zip Code: lmington,NC 28403 County: New Hanover
2. The mailing address if different from the street address of the new registered office is:
(complete this item only if the address of the registered office is being changed)
3. The name of the new registered agent and the new agent's consent to appointment pears Blow:
(complete this item only if the name of the registered agent is bein d)
Dave Swayer,Jr. � r}f'CSi to l�,t,
Type or Print Name of New Agent *Signature&Title
4. The address of the entity's registered office and the address of the business office of its registered agent,as changed,
will be identical.
5. This statement wil be effective upon f ing,unless a date and/or time is specified:
This is t day of 2c , Palmetto Creek POA,Inc.
`'''�� Entry Name
Signature
g a s ar G G 6K✓ems Pre5idetr'
Type or Print Name and Title
Notes: Filing tee is as.UU. This document must be filed with the Secretary of State.
* Instead of signing here,the new registered agent may sign a separate written consent to the appointment,which must be attached to this statement.
CORPORATIONS DIVISION P.O.BOX 29622 RALEIGH,NC 27626-0622
Revised January 2002 Form BE-06

E
WV pg59g g;53:34.000
s 2008
' 'tW�lnTs' `�I'�1'�Ited l'. '�I1I I���1111Il 1 I�IIII IIIS�I i NOC ds. P:. 1 0 2
t, kphln mediate Brunswick County, NC Ragieter
n ist allon eq. Pa ..
vi o _r ,f�4 a lar , :r ��
> ti
s z Y d4' d ti� T G Ret:
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e IK - 901 a' J�' ,F r r+JisfiL--Rev Int
dye f ,1wQn;
• 'iE,, Ck$ ._—_--Clc 4AWI Cash$
Refund: Cash 8 Finance
0 Portions of document are idegib':e due to condition
of original.
WARRANTY DE111D current contains seals veined by n•'T;inal
Instrument that cannot be repo=or copied.
Prepared by: ' ',ISON,TAYLOR,&GIBSON,P.L.L.C.
16 North tt` Avenue,Wilmington,NC 28401
e J�C'
ca PARCi D NORTH CAROLINA ��' `^5•, so ,S,1
BRUNSWICK COUNTY REVENUE STAMPS: $0.00 . l t
\'
THIS WARRANTY DEED, made this tkday of ' p , 2008, by t-p
and between XDV, Inc., a North C4 tlina corporation ("GRANTOR"), and Palmetto Creek
POA, Inc., whose address is P €" Office B 67, Wilmington, North Carolina 28402
("GRANTEE"). The designati./ rant nd Gr�gP'. t$r;-, herein shall include said parties,
their heirs, successors and ass'''.s, and sha dude the singu ;plural, masculine, feminine or
neuter as required by the context.
W1TNESSETH THAT:
WHEREAS, GRANTOR is the Declarant named in the Master Declaration of
Protective Covenants For Palmetto C,,e_ recorded in Book 2234 Page 1195, Brunswick County
Registry(as heretofore or hereafter ;. ended from timmee,�the"Declaration");
AND WHERE ii,the Decl. : Vc, provides that`r Declarant may convey to the
GRANTEE fee simple title to any of the prop" y subject to the Declaration, whereupon the
GRANTEE shall accept such property and thereafter shall maintain such property as Common
Area at its expense for the benefit of its Members, subject to any restrictions set forth in the
Declaration and in the deed.
AND WHEREAS, ' OR desires to convey to the GRANTEE the Property
described herein; �� i?�IM�y
�� , jiT
NOW THERE"'e RE, GRA Ff for and in consideration of the sum of Ten
Dollars ($10.00) and for other good and valuable consideration in hand paid by GRANTEE, the
receipt of which is hereby acknowledged,has bargained and sold,and by these presents does hereby
bargain,sell and convey unto GRANTEE and its successors and assigns forever, in fee simple, all
that certain real property and appurtenances thereto,located in Brunswick County, North Carolina,
as described below,together with all s ‹ tures,buildings,parking areas,landscaping,fixtures and
other improvements placed, const :```d, installed or situated on such property(collectively, the
"Property"): �� t Oft
ft�, F l
BEING ALL of that 66rtain tract of •c(described as"CLUBHOUSE TRACT
(REVISION), 170,183 sq. ft.,3.91 acres+/-"as said tract is shown on that map
recorded in Map Cabinet 34, Page 501 of the Brunswick County Registry,
reference to which map is hereby made for a more particular description.
SUBJECT TO the Ma t.r Declaration of Protective Covenants for Palmetto Creek
recorded in Book 2324, Page 11` "of the Brwi swick County Registry and all amendments
thereto; all easements, rights . ay e�n�d res�i`� g record; all governmental land use
statutes,ordinances and regul, ns, inclu'l3' zoning, su,1t and building regulations; and
ad valorem taxes for the current and subsequears.
81813

4, IIII 91187 P059llnsfi 34000a JA ulek County, C ster of Deeds page 2 of 2
The Property described herein is hereby designated as Common Area pursuant to the
provisions of the Declaration, and shall be for the sole and exclusive use of the and benefit of the
Members of the GRANTEE, and shall hereafter be maintained at GRANTEE'S expense for the
benefit of its Members.
�E
ikor
TO HAVE AND HOED the a 1avpjfi�and described Property, together
with all and singular, the rigs' „, privilege eents, tenet and appurtenances thereunto
belonging,or in anywise appertaining unto the mTEE,its successors and assigns,in fee simple,
forever.
AND THE GRANTOR, for itself and its successors and assigns,does covenant to
and with the said GRANTEE, its successors and assigns, that it is seized in fee of the above
granted and described Property; that��$ as good right to sell and convey the same in fee simple;
that the same is free and clear fro .� ny and all fictions, easements or encumbrances except
those mentioned above; and th.op'will .q I its succ W?';N,+tissigns shall warrant and defend
the title to the same against th�?.wful clain' ;+d demands of: nd all persons whomsoever.
IN WITNESS WHEREOF, the said GRANTOR has hereunto set its hand as of
the day and year first above written.
‘�` XDV,INC.
- thsli-f-/-"Weil•Zi-
NA E: Diane Stewart
TITLE:Vice President
STATE OF NORTH CAROLINA
COUNTY OF "" Q
(County where acknow ment tak '`-.A1L•" a ���
%
I _ll� , a Notary Public in and for
[eii. t arov r County, North Carolina, certify that Diane Stewart
personally came before me this day and acknowledged that she is Vice President of XDV,INC.,
a North Carolina corporation,and that .y authority duly given and as the act of the corporation,
the foregoing instrument was signedNts name by its Vice President.
WITNESS myth- and o`'�. al seal thrs� 4r o, of Cjintich ,2008.
41-UAlt
``etuuuupprirr Not Public
My commission expires:
x ires: *EST J.
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4 111�V II II I 1111111 11111 IME P56s m ill:9mea
Brunswick County, NC Register of Deeds page I of 4
s, "51:1;1:;..cli.24(13—____...,73.1404._________7 ::_,, -..eiE---._ -
tiF�� Total -
� L�JM SS C:cch
� � .....--- ---• Finance
of vivid
❑Doeumtit::..•.,....,.::,.•.-'—i,;•o'ginal
irtstmrze r,u•.........,. „ _.'.:d Or copied.
WARRANTY DEED
WE PREPARED THE DEED IN THIS•y�NSACTIX4T WE MADE NO EXAMINATION OF TITLE
TO THE PROPERTY AND j F'XPRESS N ct ON TITLE TO THE PROPERTY.
Prepared b>`�MURCHIS,�''%�„:YLOR,&GIB � ,P.L.L.C.
16 North Fifth Avenue, 'ilmington,NC 28401 '4.41)'
NORTH CAROLINA PARCEL:
BRUNSWICK COUNTY REVENUE STAMPS: $0.00
..'7 r''' P�
THIS WARRA;,<' DE',I, made' raft_ day of OurmFja_r , 2008, by 0
and between XDV, Inc., a Carolin'•.i.oration (" .,. CCU p OR"), and Palmetto Creek
POA, Inc., whose address is Post Office : ±
fir 1967, Wilmington, North Carolina 28402
("GRANTEE"). The designation"Grantor"and"Grantee"as used herein shall include said parties,
their heirs, successors and assigns, and shall include the singular, plural, masculine, feminine or
neuter as required by the context.
WI • ESSETH THAT:
WHEREAS, G' -' aR ' the ggGiiitriaed in the Master Declaration of
Protective Covenants For Pal< o Creek ' ,,, G in Book 'image 1195,Brunswick County
Registry(as heretofore or hereafter amended fro`'n<, e to time,the"Declaration");
AND WHEREAS, the Declaration provides that the Declarant may convey to the
GRANTEE fee simple title to any of the property subject to the Declaration, whereupon the
GRANTEE shall accept such property and thereafter shall maintain such property as Common
Area at its expense for the benefit • is Members, subject to any restrictions set forth in the
Declaration and in the deed. l ti
AND WHER �.��,G desires to 1 r+=t� the GRANTEE the Property
described herein;
NOW THEREFORE, GRANTOR, for and in consideration of the sum of Ten
Dollars ($10.00) and for other good and valuable consideration in hand paid by GRANTEE, the
receipt of which is hereby acknowledged,has bargained and sold,and by these presents does hereby
bargain, sell and convey unto G' and its successors and assigns forever, in fee simple, all
that certain real property and appurtnces thereto,located in Brunswick County,North Carolina,
as described in Exhibit A he.=i'., to ether Aafirt1t2fLuctures, buildings, parking areas,
landscaping, fixtures and othe"' prove placed, coA•sfartrh installed or situated on such
property(collectively,the"Prbl5erty"):
SUBJECT TO the Master Declaration of Protective Covenants for Palmetto Creek
recorded in Book 2324, Page 1195 of the Brunswick County Registry and all amendments
thereto; all easements, rights of way and restrictions of record; all governmental land use
statutes,ordinances and regulations,i ,,luding zoning,subdivision and building regulations; and
ad valorem taxes for the current and,j .sequent years.
The Property de 4 .ed her( is hereby� Common Area pursuant to the
provisions of the Declaration,'%%shall be jo'oitsole and exclusi a use of the and benefit of the
81813.3

Ule Q
��� III
� l II IIIIII z86l P0570 ,i2t03_22000
004 arwicknty, NC 'mister of Raids a emmona
page 2 of 4
Members of the GRANTEE, and shall hereafter be maintained at GRANTEE's expense for the
benefit of its Members.
TO HAVE AND TO a LD the above granted and described Property, together
with all and singular, the rights, tg ileges, Cas ents, tenements and appurtenances thereunto
belonging,or in anywise appertai•c unto a G ccessors and assigns,in fee simple,
forever. �a s b
AND THE GRANTOR,for itself and its successors and assigns,does covenant to
and with the said GRANTEE, its successors and assigns, that it is seized in fee of the above
granted and described Property;that it has good right to sell and convey the same in fee simple;
that the same is free and clear from any and all restrictions,easements or encumbrances except
those mentioned above; and that it w4-+and its successors and assigns shall warrant and defend
the title to the same against the law ?'claims and demands of any and all persons whomsoever.
�:- Q
IN WITNESS �:.' REO , said GRR• T''•'Ft; s hereunto set its hand as of
the day and year first above w%ten.
XDV,INC.
�4,- BY: C'. J)
NAIf Aer' C.G. dm
,�,�'� LE:
STATE OF NORTH CAROLINA
COUNTY OF $&/i1/S0)/LjfC
(County where acknowledgment taken)
I, • � Notary Public in and for
ML•i!/ h tii/Djit2 4 Coun orth Carolina,cehifty that RDBEATC.G.exam
personally came before me this and acknowledged that he/she is p_Aw-s ri6tI7"
of XDV, INC., a North Carolina corporation, and that by authority duly given
and as the act of the corporation,the foregoing instrument was signed in its name by its IJpES/DtjCr
vde
WITNESS my hand :,?official seal this /9 day of 0.44/,2008.
•
Si‘
4� ,s�, (,t'
� GL.Q�4 r'.
�'��•� Notary - blic
My commission expires:
4 QZ*-Atr/aZ nlxnN„
"M. 9TF
t "PAs
,ti•
•TARY 1
:;?- PU:LIC
fc i mneD
Jc %, H., D
4,,4hg110,,,,,
l<,ti
81813.3

.(°1GvQN'1i1fnii!niii
BZ861 P05]172.2s-z°°B
4 11%411111I1111IIJII
nsuick County, NC Reis er of Deeds Ctae�nona
q page 3 of 4
EXHIBIT A
Tract 1:
BEING all of that property show ~ `Commo rea/Stormwater Pond 302,729 sq.ft.,6.95
Acres±"on that map entitled"P f� etto reek o v=G+r':1U ' Common Area/Stormwater Pond
302,729 sq.ft., 6.95 Acres±'"`�orded in Cabinet 34�' 68 in the Brunswick County
Registry,reference to said map is hereby made a more particular description.
(Tax Parcel# 185FA00103)
Tract 2:
BEING all of that property shown as'� ommon Area 19,317 sq.ft.,0.44 Acres±"on that map
entitled"Palmetto Creek of the Car:‘, as Sectio%9ne"recorded in Map Cabinet 34,Page 305 in
the Brunswick County Registry; . that .ropertg1 "Common Area 24,764 sq.ft.,0.57
Acres±"on that map entitled��r'almetto t^p f-k of the Ca 'iliftjction One"recorded in Map
Cabinet 34, Page 306 in the Erunswick Cou'':,;,,Registry, references to said maps are hereby
made for more particular descriptions; LESS AND EXCEPTING all of that property described
in Book 2787 Page 0595 of the Brunswick County Registry.
(Tax Parcel#185FA00101)
Tract 3:
1F~
BEING all of that property sho). as "Comm& ° 5,119 sq. ft.,2.64 Acres ±" on that
map entitled"Palmetto Creek�z`i e Car s Section Lied in Map Cabinet 34,Page
371 in the Brunswick Cou '1 Registry, re tce to said map is hereby made for a more
particular description.
(Tax Parcel#185CB00106)
Tract 4:
BEING all of that property shown .:Common Area 94,355 sq.ft,2.17 Acres±,""Common
Area 4,243 Sq. ft.,0.10 Acres �`nd"Comm$ °12,413 sq.ft., 0.28 Acres±" on that
map entitled"Palmetto Creek •,� e C ' as Section?ceded in Map Cabinet 34,Page
370 in the Brunswick Court� Registry, re nce to said map is hereby made for a more
particular description.
(Tax Parcel#185CB00104,Tax Parcel#185CB00103,Tax Parcel#185CB00105)
Tract 5:
BEING all of that property shown : " ommon Area 34,196 sq.ft.,0.79 Acres±"on that map
entitled"Palmetto Creek of the C : linas Section recorded in Map Cabinet 34, Page 369
in the Brunswick County Reg , referte to sai may made for a more particular
description. 4 `U
kko
(Tax Parcel#185 CB 00102)
Tract 6:
BEING all of that property shown as "Common Area 9,917 sq. ft., 0.23 Acres ±" and
"Common Area 4,413 sq. ft., 0.1 J cres ±" on that map entitled "Palmetto Creek of the
Carolinas Section Two "A"" rec. s d in Map tJi 34, Page 333 in the Brunswick County
Registry,reference to said map,4;. ..a de for a laz description.
(Tax Parcel#185CA00101) . � 1 J
Tract 7:
BEING all of that property shown as "Common Area Stormwater Pond 29,883 sq. ft., 0.69
Acres±"on that map entitled"Palmetto Creek of the Carolinas Section Three"recorded in Map
Cabinet 35,Page 113 in the Brunsw',' County Registry,reference to said map is hereby made
for a more particular description. l ti
(Tax Parcel#185BB00104) $ Q�-
81813.3

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111I11110111111111111E111 828fi1 P05 emmm2l3'200e
,1 07 22 000
Brunswick ounty, NC Regis sr of Deeds• page 4 of 4
Tract 8:
BEING all of that property shown as"Common Area 14,766 sq.ft,0.34 Acres±"on that map
entitled"Palmetto Creek of the Caro tip"s Section Three"recorded in Map Cabinet 35,Page 112
in the Brunswick County Registry\ slid-- erence to map is hereby made for a more particular
description. �� ©l 1
(Tax Parcel#185BB00101) J�' rk0f D
Tract 9:
BEING all of that property shown as "Common Area 6,162 sq. ft. 0.14 Acres t" and
"Common Area 21,298 sq. ft., 0.49 Acres ±" on that map entitled "Palmetto Creek of the
Carolinas Section Three" recorded is 0 ap Cabinet 35, Pages 112 and 113 in the Brunswick
County
Registry,#
5BB0e reference
to
said . is hereby,Nee for a more particular description.
(Tax
Tract 10:
4� /sO
BEING all of that property shown as "Common Area 34,147 sq, ft. 0.78 Acres ±" and
"Common Area 19,278 sq. ft. 0.44 Acres t" on that map entitled "Palmetto Creek of the
Carolinas Section Three" recorded in Map Cabinet 35, Pages 112 and 113 in the Brunswick
County Registry,reference to said ma sue. hereby made for a more particular description.
(Tax Parcel#185BB00103) `st
Tract 11: J ' NR- Zept :,
BEING all of that property shown as"Common Area 65,252 sq.ft.,1.50 Acres±"on that map
entitled "Palmetto Creek of the Carolinas Section Two (Revision) Lots 116R Thru 118R and
Lots 125R-127R" recorded in Map Cabinet 34 Page 476 in the Brunswick County Registry,
reference to said map is hereby made for a more particular description.
(Tax Parcel#185BA00104) �,:
Tract 12: op' CU1�Q�Q o
Zeg
BEING all of that property slit vn as"Com rea 75,009 sq.tt.,1.72 Acres±"on that map
entitled"Palmetto Creek of the Carolinas Section .wo"recorded in Map Cabinet 34 Page 245 in
the Brunswick County Registry, reference to said map is hereby made for a more particular
description.
(Tax Parcel#185BA00103)
Tract 13: ,;',
BEING all of that property sho :��as"C a! on ArreaE 7 ,0.38 Acres±,""Common
Area 52,237 sq.ft., 1.20 Ac; ±" and"Co— on Area 30,�61 tq.ft.,0.70 Acres±"on that
map entitled"Palmetto Creek of the Carolinas S-°'ion Two"recorded in Map Cabinet 34,Pages
235,236 and 237 in the Brunswick County Registry,reference to said map is hereby made for a
more particular description.
(Tax Parcel#185BA00102)
Tract 14: ,.,
�tiE
BEING all of that property sho,4,'on"C F.,A r,:mon Are - 1 R, t.,0.30 Acres±"on that map
entitled"Palmetto Creek oft ? arolinas S 'i, Two"reco se, Map Cabinet 34,Page 235;
that property shown as "Common Area 19,1.Itbsq. ft., 0.44 Acres ±" on that map entitled
"Palmetto Creek of the Carolinas Section Two"recorded in Map Cabinet 34,Page 242;and that
property shown as"Common Area 41,362 sq.ft.,0.95 Acre±"on that map entitled"Palmetto
Creek of the Carolinas Section Two" recorded in Map Cabinet 34, Page 243, all in the
Brunswick County,references to said maps are hereby made for more particular descriptions.
(Tax Parcel#185BA00101) s,
ti
4r- J
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.RECEIVED
ATA, JUL ':i) Y005
NCDENR 13Y.
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
July 19, 2005
LETTER OF RECEIPT OF REVISED EROSION CONTROL PLAN
XDV, Inc.
Mr. Bert Exum, President
PO Box 1967 �f
Wilmington, NC 28402 V
RE: Project Name: Palmetto Creek of the Carolinas /ti)
Project ID: Bruns-2005-230 �JJ
County: Brunswick
River Basin: Lumber
Submitted By: Coastal Land Design, PLLC
Date Received by LQS: July 18, 2005
Plan Type: REVISED
Dear Mr. Exum:
This office has received the revised soil erosion and sediment control plan submitted for the project
listed above. G.S. 113A-54.1(a)requires that this office approve or disapprove a submitted revised plan within
15 days of receipt of such plan. Failure to act by this office within this time period shall be deemed approval of
the revised plan.
Commencement or continuation of a land-disturbing activity under the jurisdiction of this Act prior to
the approval of an erosion and sediment control plan is a violation of the Act.
The approval of an erosion and sediment control plan is conditioned on the applicant's compliance
with Federal and State water quality laws, regulations and rules.
If you have questions please do not hesitate to contact this office. Your cooperation in this matter is
appreciated and we look forward to working with you on this project.
Sincerely,
C J- ( • -
Todd C. Walton
Land Quality Section
cc: Jeffrey B. Petroff, PE, Coastal Land Design, PLLC
LQS-WiRO; SWS-WiRO
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,NC 28450 Phone: [phone] Fax: [phone]