SW8050239_Historical File_20230503

Johnson, Kelly
From: Johnson, Kelly
Sent: Wednesday, May 3, 2023 10:02 AM
To: 'Jeff Petroff'
Cc: '[e-mail]'; 'CAMS'
Subject: RE: Palmetto Creek of the Carolinas - State Stormwater(SW8 050239)
All,
Unfortunately,this application has been returned. You will receive it in the mail.
Kelly
keLLJDiVLSOVL
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
From:Johnson, Kelly
Sent:Tuesday, May 2,2023 4:08 PM
To:Jeff Petroff<[e-mail]>
Cc: [e-mail]; CAMS<[e-mail]>
Subject: RE: Palmetto Creek of the Carolinas-State Stormwater(SW8 050239)
Hi Jeff,
I do not think I have seen a response to this. If that has been submitted and overlooked please advise. Unfortunately, if
it has not been submitted I will have to return the application.
Sorry for the bad news,
Kelly
j o l/wL50 Vl.
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
1

♦ po
From:Johnson, Kelly
Sent:Thursday, March 30, 2023 4:15 PM
To:Smith,Ashley M <[e-mail]>; bertPexumcompany.com; CAMS<[e-mail]>;Jeff
Petroff<[e-mail]>
Subject: RE: Palmetto Creek of the Carolinas-State Stormwater(SW8 050239)
Now that I have, of course,already hit send on this email, I see that there are other lots that have deed restrictions
allowing more impervious area than was permitted. Any lot in this situation will have to be addressed.
Thanks,
Kelly
_L A B. C
1 Section 1
Lot Constructed Permitted Restricted'
2 BUA BUA BUA
3 1 5,400 5,400
4 2 5,400 5,400
L 3 ' 6,500 6,500
b 4 6,500 6,500
7T 5 6,500 6,500
8 6 i 6,500 6,500
9 7 6,500 6,500
10 8 ` 5,500 6,500
11 9 :' — -- 5,500 6,500
12 10 ' 5,500 6,500
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive
Wilmington, NC 28405-3845
Phone: [phone]
From:Johnson, Kelly
Sent:Thursday, March 30,2023 3:59 PM
To:Smith,Ashley M<[e-mail]>; [e-mail]; CAMS<[e-mail]>;Jeff
Petroff<[e-mail]>
Subject: RE: Palmetto Creek of the Carolinas State Stormwater(SW8 050239)
All,
The second request for additional information is attached. Please respond by April 29, 2023.
Thanks,
Kelly
2

Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive
Wilmington, NC 28405-3845
Phone: [phone]
From:Smith,Ashley M<[e-mail]>
Sent:Tuesday,January 17,2023 10:31 AM
To:Johnson, Kelly<[e-mail]>; [e-mail]; CAMS<[e-mail]>;Jeff
Petroff<[e-mail]>
Subject: RE: Palmetto Creek of the Carolinas-State Stormwater(SW8 050239)
All,
We have received the package containing the requested information for the subject project on January 13,2023. The
information has been logged in and will be given to Kelly Johnson,for further review. This project will be added to their
queue of other files waiting for additional review and will be reviewed as quickly as possible, but no later than 90 days
from the date of the receipt. For further information on the status of the file in this queue, please contact the reviewer.
Thank you.
Ashley Smith
Storm water Permitting Assistant
Division of Energy, Mineral,and Land Resources
North Carolina Department of Environmental Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: [phone] I Direct: [phone]
[e-mail]
f_ ar "Wfat)
n.,ciTH GAROUNA �./
Deportment of 6Mromnental quality Nois
Email correspondence is. and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From:Smith,Ashley M
Sent:Wednesday, December 28,2022 4:48 PM
To:Johnson, Kelly<kelly.p.johnson(a?ncdenr.gov>; [e-mail]: CAMS<emailPcamsmgt.com>;Jeff
Petroff<[e-mail]>
Subject: RE: Palmetto Creek of the Carolinas-State Stormwater(SW8 050239)
All,
This email is intended to remind you to provide the requested information by January 13,2023,in accordance with 15A
NCAC 02H. 1045(4)(a)(i).
3

As noted in the letter, if all of the requested information cannot be provided by this due date,the application will need
to be returned in accordance with 15A NCAC 02H. 1045(4)(a)(ii)to allow for any additional time needed.
Thank you in advance for your attention to this matter.
Ashley Smith
Storm water Permitting Assistant
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: [phone] I Direct: [phone]
[e-mail]
NORTH CAROUNA
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From:Johnson, Kelly<kelly.p.iohnsont ncdenr.gov>
Sent:Wednesday, December 14, 2022 12:46 PM
To: [e-mail]; CAMS<[e-mail]>;Jeff Petroff<[e-mail]>
Cc:Smith,Ashley M <[e-mail]>
Subject: Palmetto Creek of the Carolinas-State Stormwater(SW8 050239)
All,
Attached is a pdf of the first request for additional information for the subject project. The inspection report and a
summary of the impervious area per lot are also attached. (There is a color coded key at the bottom of the table.)
Please pay special attention to the due date in the letter,which is January 13,2023 in accordance with 15A NCAC 02H.
1045(4)(a)(i).As noted in the letter, if all the requested information cannot be provided by this due date,the application
will need to be returned in accordance with 15A NCAC 02H. 1045(4)(a)(ii)to allow for any additional time needed.
Please let me know if you have any questions or concerns.
Thanks,
Kelly
JolnwsoiA,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
4

127 Cardinal Drive
Wilmington, NC 28405-3845
Phone: [phone]
5

--05174
ROY CQOPE[tNr
Governor ,u, illia
ELIZABETH S.BIER
Secretary.
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
May 2,2023
XDV,Inc.
Attn: Mr.Robert Exum
PO Box 1967
Wilmington,NC 28402
Subject: PROJECT RETURN
Stormwater Management Project No.SW8 050239
Palmetto Creek of the Carolinas
Brunswick County
Dear Mr.Exum:
The Wilmington Regional Office received and accepted a Post-Construction Stormwater Management Transfer
Permit Application for the subject project on September 23,2023 and requested additional information on
December 13,2022 and again on March 30,2023. A review of the file and delivery logs indicates that, as of this
date,the information requested on March 30,2023 has not been received in this Office within the stipulated
timeframe.
Per the requirements of Title 15A NC.AC 02H.1045(4)(a)(ii)of the Stormwater Management Rules,this Office is
hereby returning the subject application as incomplete. The$505.00 application fee submitted with the subject
application package has been forfeited and a new fee will need to be provided if you choose to resubmit this
application in the future.
If you wish to pursue transferring this project,you must reapply to the Division. Your application package must
include a completed and signed application form; signed O&M agreement:application fee; and any supporting
documentation necessary to address the items identified in the latest request for additional information.
Please note that this does not preclude you from obtaining and complying with any and all other permits or
approvals that are required for this development to take place,as required by any statutes,rules,regulations,or
ordinances,which are imposed by any other Local, State or Federal government agency having jurisdiction.
Please note that Permit Number SW8 050239,issued on September 20,2022,remains in full force and effect until
modified,renewed or transferred.Please be aware that the construction of any changes to the originally approved
and permitted plans prior to the receipt of a modified permit is a violation of NCGS 143-215.1 and is subject to
enforcement action pursuant to NCGS 143-215.6A.
If you have any questions concerning this matter,please contact Kelly Johnson at(910)796-7215 or via e-mail at
[e-mail].
Sincerely,
Douglas R. Ansel,Interim Director
Division of Energy,Mineral and Land Resources
DES/kpj: \\\Stormwater\Permits&Pro jects120051050239 HD\2023 05 return_project 050239
cc: Mr.Jeff Petroff,PE;CLD Engineering
PO Box 1172,Wilmington,NC 18402
Brunswick County Engineering
Wilmington Regional Office
North Carolina Department of.Environmental Qtrallty I Division of Energy,Mir feral and Land Resources:
Wilmington Regional Office 112.7 Cardinal Drive:Extension I Wilmington,North Carolina 28405
NORTH CAROLINA
DupulJ otae o.N.d U.Ry ."# 910.796.7215.

DEMLR USE ONLY
Date Reopived Fee Paid Permit Number
, 3f as =Qqt5 Soy r75o23q
NC DEQ Division of Energy, Mineral and Land Resources
STATE TO WATER:
Pa R l;a t TRANSFER APPLICATION FORE
Pursuant to,°l A r '' , . Ci2i- 1^a T�5 and other applicable statues as reference within
�„L
Only complete applications packages will be accepted and reviewed. This form and the required items(with
original signatures)must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at: ct%at i'x3s-o:::c
After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the
current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit
conditions, the permit shall not be transferred until:
1. the current permittee resolves all non-compliance issues identified in the inspection report;
2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both
entities. The negotiated resolution must identify the necessary actions, the responsible parly(ies), and the
timelines to correct the deficiencies. The site must either be found in compliance or a copy of the
negotiated resolution must be submitted prior to the transfer of the permit.);or
3. in the case where a transfer falls under G.S. .1 43r21,.7l'c2) (see also SL 2011-256), the proposed
permittee resolves all non-compliance issues upon acquiring the permit.
Signature requirements for the named signing official(for current and proposed permittee)must meet the following:
• Corporation-a principal executive officer of at least the level of vice-president;
• Limited Liability Company(LLC) -the designated manager, (Documentation from the NC Secretary of
State or other official documentation must be provided that states the titles and positions held by the
person who signed the application (pursuant to 02H.1040)that shows they have legal authority to sign for
the LLC)
• Municipality-a ranking official or duly authorized employee;
• Partnership or limited partnership-the general partner;
• Sole proprietor;
• The signature of the consultant or other agent shall be accepted on this permit transfer application only if
accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as
applicable.
NERAL INFORivi_ti i aO
1. State Stormwater Permit Number: SW8 050239 Mod.
2. Project name: Palmetto Creek of the Carolinas
Is this an updated project name from the current permit? ❑ Yes No
3. Reason for the permit transfer request:
Transferring to Property Owners Association
P b r wig:
Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018

•
`3 PERSONS)WHO HAVE si)NED TH`=.F FORM (select only one response below)
® 1. Both the current and proposed permittees
❑ 2. Only the current permittee of a condominium or planned community (skip Part F& G).
In accordance with S.__' 2,(see also SL 2011-256), this type of transfer is allowed only
when all of the following items can be truthfully checked:
❑ Any common areas related to the operation and maintenance of the stormwater management
system have been conveyed to the unit owners' association or owners' association in
accordance with the declaration;
❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than
a declarant(provide documentation per submittal requirements below);
❑ The stormwater management system is in compliance with the stormwater permit.
NOTE: If subdivision was built prior to 1999,the Declarant's Attorney can make a determination that
the elements of the Planned Community Act(see§47F) have been met by the Declarant for the
subdivision. If the Declarant chooses to use this type of transfer,the determination must be in
writing, signed by the attorney, and submitted to DEMLR with this form.
❑ 3. Only the proposed permittee (skip Part D below).
In accordance with . . 1.4:3-2).r.7to,:i(see also SL 2013-121), this type of transfer is allowed only
when all of the following items can be truthfully checked:
❑ a. The proposed permittee is either(select one of the following):
❑ The successor-owner who holds title to the property on which the permitted activity is
occurring or will occur;
❑ The successor-owner who is the sole claimant of the right to engage in the permitted
activity.
❑ b. The current permittee is (select at least one of the following, but all that apply):
❑ A natural person who is deceased.
❑ A partnership, Limited Liability Corporation, corporation, or any other business
association that has been dissolved
❑ A person who has been lawfully and finally divested of title to the property on which the
permitted activity is occurring or will occur.
❑ A person who has sold the property on which the permitted activity is occurring or will
occur.
❑ Other(please explain):
❑ c. The proposed permittee agrees to the following requirements(all must be selected):
❑ There will be no substantial change in the permitted activity.
❑ The permit holder shall comply with all terms and conditions of the permit until such
time as the permit is transferred.
❑ The successor-owner shall comply with all terms and conditions of the permit once the
permit has been transferred.
EY.
Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018

C. SUBMITTAL. REQUIREMENTS
Please mark"Y"to confirm the items are included with this form. Please mark'X"if previously provided. If not
applicable or not available,please mark N/A.:
Y 1. A processing fee of five hundred and five dollars ($505.00) per :)-SS.143-215 3r",. e)i2).
Y 2. Two hard copies(with original signatures) and one electronic copy of this completed form and the
required items.
Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of
State demonstrating that the proposed permittee is a legal and viable entity able to conduct
business in North Carolina.
Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized
from the proposed permittee, as required by the permit.
Y 5. Legal documentation that the property has transferred to the proposed permittee(such as a
recorded deed for the property, uncompleted development and/or common areas) or legal
documentation demonstrating that the proposed permittee is the sole claimant of the right to
engage in the permitted activity.
Y 6. If required by the permit and if the project has been built, a signed,sealed and dated certification
document from a licensed professional stating that the stormwater management system has been
inspected and that it has been built and maintained in accordance with the approved plans.
Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has
been built, documentation that the maximum allowed per lot built-upon area or the maximum
allowed total built-upon area has not been exceeded. If the project has not been built,the new
owner shall provide a signed agreement to submit final recorded deed restrictions and protective
covenants.
N/A 8. If transferring under :S 1 43-2 _4.7.c?)),(i.e., Part B, Item 2 of this form is selected),
documentation verifying that 50%or more of the lots have been conveyed to individuals(not
builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address,
owner's name, conveyance date and deed book and page number are acceptable.
N/A 9. If transferring under G..3:a 4J-21•:...;:(cam°(i.e., Part B, Item 3 of this form is selected), provide legal
documentation supporting the dissolution of the corporation or documentation supporting the
current permittee was lawfully and finally divested of title of the property.
N/A 10. A copy of the lease agreement if the proposed permittee is the lessee.
N/A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
N/A 12. A copy of the development agreement if the proposed permittee is the developer.
R: SE " '4 V02
Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018

•
D. CURRENT PERMIT EE, INFORMATION AND =_'.ERTlF='CA'D Please be sure to provide Email.
1. Current Permit Holder's Company Name/Organization: XDV, Inc.
2. Signing Official's Name: Bert Exum
3. Signing Official's Title: President
4. Mailing Address: P.O. Box 1967
City: Wilmington State: NC ZIP : 28402
5. Street Address: 2 c)Z N L.y'-ii At 1 -s�:,.1 Dr
City: a!P. , Ai j 4c State: 14 C ZIP : Z lli?3
6. Phone: (�,)540-9716 Email: bertaexumcompanv.com
I, Bert Exum ,the current permittee, am submitting this application for a
transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified
on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project
and/or the stormwater system associated with this permit. I have provided a copy of the following documents to
the proposed permittee named in this application form: (select all that apply)
dthe most recent permit;
,the designer's certification for each SCM;
121 any recorded deed restrictions, covenants, common areas, drainage easements or plats;
gthe approved plans and/or approved as-built plans;
the approved operation and maintenance agreement;
C=l past maintenance records from the previous permittee (where required);
2 a copy of the most recent inspection report;
I further attest that this application and request for a permit transfer is accurate and complete to the best of my
knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand
that if all required parts of this request are not completed or if all required supporting information and attachments
listed above are not included,this request package will be returned as incomplete i assign all rights and
obligations as permittee to the proposed permittee named below. I understand that this request to transfer the
permit may not beapproved by the DEMLR unless and until the facility is in compliance with the permit.
>J
Signature: �irrree.! C ___ Date: Mo. 3 , 20 22
I, Alen 4 /V. A);//' c/ � 1 , a Notary Public for the State of
// , County of deg..) (441 ✓ ,do hereby certify
that 4f7g1` d 4 personally appeared before me
this the J'i day of ,20 or?A , and acknowledge the due
execution of the forgoing instrument.Witnes rn hand and official seal,
(Notar Seal) `,`oturruuN,�,i
Y � A H. /,
1 ::-.'*'
Na
Notary Signature: — J °ve;Ct. t: - a
aunty os , -, z ;:
My commission expire - o?O 2 yMo>-os.2p kp' r'3 0
' —
Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018

1. The proposed permittee is the:
❑ Property owner(Also complete Part F.)
❑ Home Owners Association(HOA), Property Owners Association (POA),or Unit Owner Association
(UOA) (Also complete Part F.)
❑ Lessee-Attach a copy of the lease agreement. Both the lessee and the property owner will appear on
the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property
owner. (Also complete Parts F& G.)
❑ Purchaser-Attach a copy of the pending sales agreement. The permit will require submission of a copy
of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the
permit reverts to the property owner. (Also complete Parts F& G.)
❑ Developer-Attach a copy of the development agreement. Both the developer and the property owner
will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for
the permit reverts to the property owner. (Also complete Parts F& G.)
2. Proposed permittee name (check one of the following and provide the name):
❑ Corporation, LLC, Partnership, Municipality name:
=4 HOA/POA/UOA name: Palmetto Creek POA, Inc.
❑ Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email. ...
a. Signing Official's Name: Rodney Kersten t_"�a � , /
b. Signing Official's Title: President
c. Mailing Address: IIq_c Pitil e•ifo Creek r:J4�r' 't 1C
8.
City: Bi7I t h(C ` SI triter i 14 c-
d. Street Address: a 4
City: Si
e. Phone: 2 1- 132o Email:
4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide:
Please be sure to provide Email.
a. Management Company or Business name: CAMS
b. Contact Name: Stefanie Hubble Title: Community Manaaer1612
c. Mailing Address: 1612 Military Cutoff Road. Suite 108
d. City: Wilmington State: NC ZIP: 28403
e. Phone: [phone] Email: LL r!': :-<r .-ram _`
'
s = _ ..ram"``
�F 1 ,, ,,..
F d. _1
IF�q.a ..
e
Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018

,;11D OSE ra=zY.:• ...aa c: E; :'y_, . ::_.s Txt"3``.
I, gdae y /ter ste,r, ,T'rs3, ��` , hereby notify the DEMLR that I have acquired through sale, lease,
developmerit agreement, or other legal transfer,the project/property covered by the stormwater management
permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater
management system. I acknowledge and attest that I have received a copy of: (select all that apply):
I the most recent permit;
1 the designer's certification for each SCM;
eny recorded deed restrictions, covenants, common areas,drainage easements or plats;
tahe approved plans and/or approved as-built plans;
LJ the approved operation and maintenance agreement;
Ia' past maintenance records from the previous permittee (where required);
Of a copy of the most recent inspection report;
❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance
issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a
written document statement, with a "plan of action and schedule"addressed to this office stating that they will
bring the project into compliance upon receipt of the transferred permit. This written "plan of action and
schedule"must be received by the Division before the Division will transfer the permit.
I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will
comply with the terms and conditions of the permit. I will construct the project's built-upon area as shown on the
approved plans; and I will{construct}, operate and maintain the approved stormwater management system
pursuant to tqi
re ents listed i th permit and in the operation and maintenance agreement.
Signature: ' Date: 4� I
I, ALL t 5L l • �ii t'1 P a Notary Public for the��Stta�,tee.of Wo rL- 1t,..l ,, I I n� ,
VL
County of I X'EAM i , do hereby certify that ROC neAl Ke Irs n
personally appeared before me this the day of JI,i 1>_ , 20.Da, and
4gks4pq 1ge the due execution of the forgoing instrument. Witness my hand and official seal,
Jr1:‘s0t4 R.
et- 'D
I co
1111.
. .%.:141ellY146,4141 R r'Ne
`' '� 12 2'1-QnQ-(0
•.,y�101�� n expires
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Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018

-
.3 �II g g
j..�s ?�O?ER.`. By :_'.'3�rV. 'r- i?43)"+�'•MM 1 .\i `.ND CER1 ', "1
Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to
the property owner if the purchase agreement, development agreement or lease expires or is terminated.
Company Name/Organization: _
Signing Official's Printed Name:
Signing Official's Title:
Mailing Address:
City: State: ZIP :
Phone: (__) Email:
I, , hereby certify that I currently own the property identified in
this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the
property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase
agreement, development agreement or the lease agreement,which names the party responsible for the
construction and/or operation and maintenance of the stormwater system, has been provided with the permit
transfer request.
I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements
and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer
Application Form to address these changes.As the legal property owner, I acknowledge, understand, and agree
by my signature below,that the permit will revert to me and I will be responsible for complying with the DEMLR
Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I
understand that any individual or entity found to be in noncompliance with the provisions of the stormwater
management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute
(NCGS) 143,Article 21.
Signature of the property owner Date:
1, , 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)
•sue,,,
r •
Notary Signature ts#' - '-
My commission expires .
Stormwater Permit Transfer Application Form Page 7 of 7 April 27,2018

Permit Transfer Checklist
K. Johnson—5/1/2023
1. Permit Number: SW8 050239
2. Project Name: Palmetto Creek of the Carolinas
3. Most Recent Issue Date: 9/20/22
4. Expiration Date, if applicable: 6/7/27 •
5. Proposed Permit holder(s): Palmetto Creek POA,Inc.
a. Person Rodney Kersten
b. Deed Submitted Showing Owner(Y/N): Y—BK2867/PG0569(and 14 plats that match)
c. NC SoS Active?(Y/N): Y
d. Original/Signature Authority(Y/N): Y
e. Complete contact info(Y/N?) N—Wrong Address on Application. Their
response indicated that they would file a
correction to the NC Secretary of State. It has
not yet been updated on their website. Please
submit a copy of that submittal to the NC SoS to
document this change.
f. Submitted a signed O&M agreement?(Y/N): Y
6. Current Permit Holder(s),per .1045(1)(a): XDV, Inc.
a. Person: Robert Exum
b. NC SoS, entity is Active?(Y/N): Yes
c. Original/Signature Authority(Y/N): Y
d. Complete contact info(Y/N?) Y
7. File review evaluation of Compliance:
a. Recorded deed restrictions(Y/N): BK2324/PG1195,Revised BK2545/PG0006,
Revised B3016/PGP0473
i. Issues: Examples of problems. These are not the only issues.
A. Section 2: The deed restrictions cannot allow more impervious area per lot to be
constructed than the permit. The deed restrictions allow 6,000sf/lot. The permit allows
some lots in Section 2 to have 5,500sf/lot and other lots to have 5,930sf lot. The permit
needs to be modified to match the restrictions,or the restrictions will need to be modified
to match the permit.
B. Section 2 Tract C/Section 2 Lot 19: 2 Tract C(as shown in the permit text and on the
permitted plans)was renamed Section 2 Lot 19(as was recorded in the deed restrictions
at B3016/PGP0473). Lot numbers need to be consistently labeled in the permit,plans,
deed restrictions, and plat maps so the public can understand what the requirements are.
This lot was annexed into Section 2 and named Section 2 Lot 19 on B2530/PG0869 and
MB36/PG 187. Section 2 Lot 19 is not listed in the permit text,but Section 2 Tract C is
listed. The permit will need to be modified to show Section 2 Lot 19 rather than Section
2 Tract C on the plans in order to be consistent with the deed restrictions recorded at
BK2324/PG1195,Revised BK2545/PG0006,Revised B3016/PGP0473. Please also
show Section 2 Lot 19 as the name of the lot for the lot currently shown as Section 2
Tract C on the plans.(Please note that this lot is also listed as Section 2 Tract C on
MB34/PG239.) With your modification,please submit two full sized copies of
MB36/PG187 showing Section 2 Lot 19 as the new name for Section 2 Tract C.
ii. Options: Either return transfer application or revise the SoC to also agree to modify the
permit to address the impervious area issues listed here.
b. Designer Certifications(YIN): Y—4/21/22
c. BUA/Lot Summary submitted?(Y/N): Y

8. Field Inspection:
a. Inspector: C.Brown
b. Date: 11/22/22
c. Issues/Actions Needed: A Schedule of Compliance has been submitted indicating that the HOA will
fix the following items.
i. Pond IB: The slopes need to be stabilized with vegetation.
ii. Wetland 3: Vegetation needs to be maintained per the O&M Agreement.
iii. Wetland 5: Vegetation at outfall into the wetland needs to be maintained.
iv. Swale 4: The grading needs to be maintained so water can enter Swale 4.
v. Swale 10: This swale needs to be maintained. It is eroding.
vi. Swale 14: This swale should be vegetated as opposed to lined with rock. If your engineer
feels that the rock is necessary to stabilize the swale and there is no other option,please
have him submit a justification for the rock with the permit modification to address the
impervious area per lot issue and show the rock in the swale on the plan.
vii. Swales 16, 17,9: These swales are densely vegetated and need to be maintained per the
O&M Agreement.
viii. Level Spreader: The level spreader needs to be maintained so water does not bypass
treatment. The vegetated filter should also be maintained per the O&M Agreement.

, Paak4.3 -ta
aQ
. ,
,.-:.„54,;.N
WY COOPER
per
ELI ETh S.B1SER.Secretory .4. :
BRIAN WRENN NORTH CAROLINA
Director lettetnotementateittlity
March 30,2023
Via email only: bert(a,,exumcompany.com
XDV,Inc, current permittee
Attn:Mr.Bert Exum,President
PO Box 1967
Wilmington,NC 28402
and
Palmetto Creek,POA,proposed permittee
Attn: Mr.Rodney Kersten,President
1195 Palmetto Creek Way
Bolivia,NC 28422
Subject: Request for Additional Information/Notice of Inspection
State Stormwater Management Permit No. SW8 050239
Palmetto Creek of the Carolinas
Brunswick County
Dear Mr. Exum&Mr. Kersten:
The Wilmington Regional Office of the Division of Energy,Mineral and Land Resources(DEMLR)received and
accepted a signed Permit Transfer Application Form for the subject project on September 23,2022.A request for
additional information was mailed on December 13,2022,and a response was received on January 23,2023. The
current and proposed permittees have requested to transfer the permit in accordance with 15A NCAC
02H.1045(1)(a).A preliminary in-depth review of the documentation submitted with the transfer request
determined that the application is incomplete,and that additional information is needed.
Since the transfer was submitted under NCAC 02H.1045(1)(a)and the proposed permittee did not select the
option in Section F of the application form where they agree to be the entity responsible for addressing any
compliance issues,the project must found to be in compliance with the permit prior to approving the transfer.
Please either address the following items to demonstrate compliance with the permit,or,if the POA wants
to accept the permit transfer of a nun-compliant permit,please submit a Schedule of Compliance signed by
the POA that provides a timeline in which the issues summarized in this letter will be resolved. If the proposed
permittee would like to accept responsibility for resolving these items,please also submit a new Section F of the
application with that option selected. To continue the review and processing of this transfer request,please
provide the following documentation in a single,hard cony submittal package to complete the application and
demonstrate compliance with the permit:
1. Deed Restrictions [15A NCAC 02H.1045(2)(e)]: Deed restrictions have been recorded at
BK2324/PG1195,revised by BK2545/PG0006,revised again by B3016/PGP0473.
a. There are two issues:
i. Section 2: The deed restrictions cannot allow more impervious area per lot to be
constructed than the permit. The deed restrictions allow 6,000sf/lot. The permit allows
some lots in Section 2 to have 5,500sf/lot and other lots to have 5,930sf lot. The permit
needs to be modified to match the restrictions,or the restrictions will need to be modified
to match the permit.
North Calrarlil Deportment of ErivIronmental Quality I Division of Enagy,Mineral at LLand Resources.
i .,..,,s4„,,,
mo i Wi1 nington Regional Office I T27 Cardinal Drive Extension I W1lmitirl North Caectana 28405
910.79ttra5

r
State Stormwater Permit No. SW8 050239
Page 2 of 3
ii. Section 2 Tract C/Section 2 Lot 19: 2 Tract C(as shown in the permit text and on the
permitted plans)was renamed Section 2 Lot 19(as was recorded in the deed restrictions
at B3016/PGP0473). Lot numbers need to be consistently labeled in the permit,plans,
deed restrictions,and plat maps so the public can understand what the requirements are.
This lot was annexed into Section 2 and named Section 2 Lot 19 on B2530/PG0869 and
MB36/PG187. Section 2 Lot 19 is not listed in the permit text,but Section 2 Tract C is
listed The permit will need to be modified to show Section 2 Lot 19 rather than Section
2 Tract C on the plans and in the permit text in order to be consistent with the deed
restrictions recorded at BK2324/PG1195,Revised BK2545/PG0006,Revised
B3016/PGP0473 and MB36/PG187. Please also show Section 2 Lot 19 as the name of
the lot for the lot currently shown as Section 2 Tract C on the plans. (Please note that this
lot is also listed as Section 2 Tract C on MB34/PG239.) With your modification,please
submit two full sized copies of MB36/PG187 showing Section 2 Lot 19 as the new name
for Section 2 Tract C.
b. There are two options: Please see Attachment A. Section 2 will need 19,250sf of additional BUA
if you modify the permit to match the deed restrictions. There are four drainage areas,and it is
unclear if there is enough impervious area available in the ponds to accommodate 19,250sf of
new BUA. It is also unknown if the deed restrictions can be modified to match the permit text
i. Option 1: You will have to determine if it is possible to either update the permit to match
the restrictions or to update the restrictions to match the permit. If either option exists,
and the proposed permittee is agreeable to taking over responsibility for making sure this
is address you can update the Schedule of compliance to include the intention for the
proposed permittee to modify the permit to address the two deed restriction issues in this
letter.
ii. Option 1 If it is not possible to either update the permit to match the restrictions or to
update the restrictions to match the permit such that a larger solution is needed such as
expanding a pond.we will have to return the transfer application until a solution is
identified and these issues can be addressed.
2. POA Address [15A NCAC 02H.1045(2Xa)]: Your response indicates that you all have filed a change to
the NC SoS to document that the address on the application is the correct address. That change is not yet
reflected on the NC SoS website. Please submit a copy of your submittal to NC SoS for the file.
All of the requested information listed above should be received in this Office by April 29,2023,in accordance
with 15A NCAC 02H.1045(4Xa)(i).Please note that only two letters requesting additional information is allowed
in the State Stormwater Program, this being the second If the required information is not satisfactorily provided
by this date,the project will be returned in accordance with 15A NCAC 02H.1045(4)(aXii). If the project is
returned and you wish to re-submit later,you will need to resubmit all required items at that time,including the
application fee.
Please note that if,upon review of the submitted information or upon a deficient compliance inspection of the
project,it is determined that a modification to the permit is required to resolve the compliance issues,the transfer
application will be returned as incomplete. Upon the issuance of the modified permit,and the successful
completion of any work required by the modified permit and/or the restoration of the site to design condition,the
applicant will need to submit an updated transfer application and a new fee to the Division to start the transfer
process over again.
Please remember that the permittee is responsible for complying with the terms and conditions of the permit and
the approved plans and specifications until the Division approves the transfer request.
‘1 � . l�raeth Carding Depatt e1!t of Fuvbnrsncutal Quality I..Division of Energy.moral and Land Rix cs
1
.. E witmiilban ofla Office ' 12I Cartnrral Drfve Extension I �►.North Carolina 28405
awww 910796.7215

State Stormwater Permit No. SW8 050239
Page 3 of 3
Please reference the State assigned permit number on all correspondence. If you have any questions concerning
this matter,please feel free to call me at(910)796-7215 or email me at kelly.p.,[e-mail].
Sincerely,
Kelly Johnson
Environmental Engineer
Enclosure: Attachment A—Impervious Area Summary
DES/kpj: G:11\Stormwater\Permits&Projects\2005\050239 HD\2023 03 addinfo CEI addinfo 050239
cc: Ms. Stefanie Hubble,Property Manager;via email: emailr,camsmgt.corn
Mr.Jeff Petroff,PE;via email:jpetroffq,cldeng corn
Palmetto Creek POA,Inc.
1630 Military Cutoff Road.Suite 108,Wilmington NC 28403
Ashley Smith,Wilmington Regional Office Permitting Assistant;via email
Wilmington Regional Office Stormwater Permit File
Kurth Carolina Department of Environmental Quality i Division of Fiery Mineral srd[and Resotrtxs
W$ningt011.11 lion Office i 127 Conk*Drive Extrsis144 Wilmtr184+.North Carnllm 28405
. e-4'4 410.796.7215

Attachment A-SW8 050239-Palmetto Creek of the Carolinas-Impervious Area Summary
BK2324/PG1195,Revised BK2545/P00006,Revised 133016/P6P0473
Section 1 Section 2 _ Secdon 3 Section 4 How far off Is the
Lot Constructed Permitted Restricted Lot Constructed Permitted Restricted Lot Constructed Permitted Restricted Lot Constructed Permitted Restricted Lot Constructed Permitted Restricted BUA7
BUA BUA BUA BUA BUA BUA BUA BUA BUA BUA BUA BUA BUA BUA BUA
1 5,400 5,400 1 5,930 6,000 74 5,930 6,000 1 3,330 3,330 1 3,500 3,500 70 70 sf
2 5,400 5,400 2 5,930 6,000 75 5,930 6,000 2 3,330 3,330 2 3,556 3,500 70 70 sf
3 6,500 6,500 3 5,930 6,000 76 5,500 6,000 3 3,330 3,330 3 3,556 3,500 70 500 sf
4 6,500 6,500 4 5,930 6,000 77 5,930 6,000 4 3,330 3,330 4 3,556 3,500 70 70 sf
5 6,500 0,500 5 5,930 6,000 78 5,930 6,000 5 3,330 3,330 5 4,000 3,500 70 70 of
6 6,500 6,500 6 - 5,500 6,000 79 5,930 6,000 6 - 3,330 3,330 6 4,000 3,500 500 70 sf
7 6,500 6,500 7 5,500 6,000 80 5,930 6,000 7 3,330 3,330 7 3,500 3,500 500 70 of
8 5,500 6,500 8 5,930 6,000 81 5,930 6,000 8 3,330 3,330 8 3,500 3,500 70 70 sf
9 5,500 6,500 9 5,930 6,000 82 5,930 6,000 9 3,330 3,330 9 4,000 3,500 70 70 sr
10 5,500 6,500 10 5,500 6,000 83 5,930 6,000 10 3,330 3,330 10 4,000 3,500 500 70 sf
11 6,500 6,500 11 5,930 6,000 84 5,930 6,000 11 3,330 3,330 11 4,000 3,500 70 70 sr
12 6,500 6,500 12 5,930 6,000 85 5,930 6,000 12 3,330 3,330 12 4,000 3,500 70 70 of
13 6,500 6,500 13 5,930 6,000 86 5,930 6,000 13 3,330 3,330 13 4,000 3,500 70 70 of
14 6,500 6,500 14 5,930 6,000 87 5,930 6,000 14 3,330 3,330 14 4,000 3,500 70 70 sf
15 5,500 6,500 15 5,930 6,000 88 5,930 6,000 15 3,330 3,330 15 3,500 3,500 70 70 sf
16 5,500 6,500 16 5,500 6,000 89 5,930 6,000 16 3,330 3,330 16 4,000 3,500 500 70 sf
17 5,500 6,500 17 5,930 6,000 90 5,930 6,000 17 3,330 3,330 17 4,000 3,500 70 70 sf
18 5,500 6,500 18 5,930 6,000 91 5,930 6,000 18 3,330 3,330 18 4,000 3,500 70 70 sf
19 5,500 6,500 191 5,930 6,000 92 5,930 6,000 19 3,330 3,330 19 4,000 3,500 70 70 of
20 6,500 6,500 20 5,930 6,000 93 5,930 6,0W 20 3,330 3,330 20 4,000 3,500 70 70 sf
21 5,400 5,400 21 5,930 6,000 94 5,930 6,000 21 3,330 3,330 21 4,000 3,500 70 70 sf
22 5,400 5,400 22 5,500 6,000 95 5,990 6,070 22 3,330 3,330 22 4,000 3,500 500 70 of
23 5,400 5,400 23 5,500 6,000 96 5,930 6,030 23 3,330 3,330 23 4,000 3,500 500 70 of
24 5,400 5,400 24 5,930 6,000 97 5,930 6,00D 24 3,330 3,330 24 3,556 3,500 70 70 sr
25 5,400 5,400 25 5,500 6,000 98 5,930 6,000 25 3,330 3,330 25 3,500 3,500 500 70 of
26 5,400 5,400 26 5,500 6,000 99 5,930 6,000 26 3,330 3,330 26 3,500 3,500 500 70 sf
27 5,400 5,400 27 5,930 6,000 100 5,930 6,000 27 3,330 3,330 27 4,000 3,500 70 70 sf
28 5,400 5,400 28 5,930 6,000 101 5,930 6,000 28 3,330 3,330 28 4,000 3,500 70 70 sf
29 5,400 5,400 29 5,930 6,000 102 5,930 6,000 29 3,330 3,930 29 4,000 3,500 70 70 of
30 5,400 5,400 30 5,500 6,000 103 5,930 6,000 30 3,330 3,330 30 4,000 3,500 500 70 sf
31 5,400 5,400 31 5,930 6,000 104 5,930 6,000 31 3,330 3,330 31 4,000 3,500 70 70 of
32 5,400 5,400 32 5,930 6,000 105 5,930 6,000 32 3,330 3,330 32 4,000 3,500 70 70 sf
33 5,400 5,400 33 5,930 6,000 106 5,930 6,000 33 3,330 3,330 33 4,000 3,500 70 70 sf
34 5,400 5,400 34 5,930 6,000 107 5,930 6,000 34 3,330 3,330 34 4,000 3,500 70 70 sf
35 5,400 5,400 35 5,930 6,000 108 5,930 6,000 35 3,330 3,330 35 4,000 3,500 70 70 of
36 5,400 5,400 36 5,930 6,000 109 5,930 6,000 36 3,330 3,330 36 4,000 3,500 70 70 of
37 5,400 5,400 37 5,930 6,000 110 5,930 6,000 37 3,330 3,330 37 3,500 3,500 70 70 of
38 5,400 5,400 38 5,930 6,000 111 5,930 6,000 38 3,330 3,330 38 3,500 3,500 70 70 sf
39 5,400 5,400 39 5,930 6,000 112 5,930 6,000 39 3,330 3,330 39 3,500 3,500 70 70 of
40 5,400 5,400 40 5,930 6,000 113 5,930 6,000 40 3,330 3,330 40 3,500 3,500 70 70 sf
41 5,400 5,400 41 5,930 6,000 114 5,930 6,000 41 3,330 3,330 41 3,500 3,500 70 70 of
42 5,400 5,400 42 5,930 6,000 115 5,930 6,000 42 3,330 3,330 42 3,500 3,500 7D 70 sf
43 5,400 5,400 43 5,930 6,000 116 5,930 6,000 43 3,330 3,330 43 3500 3,500 70 70 sf
44 5,400 5,400 44 5,930 6,000 117 5,930 6,000 44 3,330 3,330 44 3,500 3,500 70 70 of
45 5,400 5,400 45 5,930 6,000 118 5,930 6,000 45 3,330 3,930 45 3,556 3,500 70 70 sf
46 5,400 5,400 46 5,930 6,000 119 5,930 6,000 46 3,330 3,330 46 3,500 3,500 70 70 of
47 5,400 5,400 47 5,930 6,000 120 5,930 6,000 47 3,330 3,330 47 3,500 3 500 70 70 sf
48 5,400 5,400 48 5,930 6,000 121 5,500 6,000 48 3,330 3,330 48 3,500 3,500 70 500 sf
49 5,400 5,400 49 5,930 6,000 122 5,930 6,000 49 3,330 3,330 49 3,500 3,500 70 70 sf
50 5,400 5,400 50 5,500 6,000 123 5,930 6,000 50 3,330 3,330 50 3,500 3,500 500 70 If
51 5,400 5,400 51 5,930 6,000 124 5,930 6,000 51 3,330 3,330 51 3,500 3,500 70 70 of
52 5,400 5,400 52 5,930 6,000 125 5,930 6,000 52 3,330 3,330 52 3,500 3,500 70 70 of
53 5,400 5,400 53 5,500 6,000 126 5,500 6,000 53 3,330 3,330 53 3,500 3,500 500 500 sf
54 5,400 5,400 54 5,500 6,000 127 5,930 6,000 54 3,330 3,330 54 3,500 3,500 500 70 sf
55 5,400 5,400 55 5,500 6,000 128 5,930 6,000 55 3,330 3,330 55 3,500 3,500 500 70 sr
56 5,400 5,400 56 5,500 6,000 129 5,930 6,000 56 3,330 3,330 56 3,500 3,500 500 70 sr
57 5,400 5,400 57 5,500 6,000 130 5,930 6,000 57 3,330 3,330 57 3,500 3,500 500 70 of
58 .5,400 5,400 58 5,930 6,000 131 5,930 6,000 58 3,330 3,330 58 3,500 3,500 70 70 sf
59 5,930 6,000 132 5,930 6,000 59 3,330 3,330 59 3,500 3,500 70 70 sf
60 5,930 6,000 133 5,930 6,000 60 3,330 3,330 60 3,500 3,500 70 70 sf
61 5,930 6,000 134 5,930 6,000 61 3,330 3,330 61 3,500 3,500 70 70 sf
62 5,500 6,000 135 5,930 6,000 62 3,330 3,330 62 4,000 3,500 500 70 of
63 5,930 6,000 136 5,930 6,000 63 3,330 3,330 63 4,756 3,500 70 70 sf
64 5,930 6,000 137 5,930 6,000 64 3,330 3,330 64 3,500 3,500 70 70 sf
65 5,930 6,000 138 5,930 6,000 65 3,330 3,330 65 3,500 3,500 70 70 of
66 5,930 6,000 139 5,930 6,000 66 3,500 3,500 70 70 of
67 5,930 6,000 140 5,930 6,000 67 3,500 3,500 70 70 sf
68 5,930 6,000 141 5,930 6,000 68 3,500 3,500 70 70 sr
69 5,930 6,000 142 5,500 6,000 70 500 sr
70 5,930 6,000 143 5,930 6,000 70 70 sf
71 5,500 6,000 144 5,930 6,000 500 70 sf
72 5,930 6,000 145 5,930 6,000 70 70 sf
73 5,930 6,000 146 5,930 6,000
70 70 s<
BUA/Iot recorded higher than permitted.
I otal: 19,250 sf
Constructed and below permitted BUA/Iot
Not Constructed
'Section II Lot 19 is aka Section II Tract 2C on the permitted plans and on MB34/PG239.Section 2 Tract C will be renamed Section II Lot 19 in an upcoming permit modification.See M836/PG187.

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, March 30, 2023 3:59 PM
To: Smith,Ashley M; [e-mail];CAMS;Jeff Petroff
Subject: RE: Palmetto Creek of the Carolinas - State Stormwater(SW8 050239)
Attachments: 2023 03 addinfo 050239.pdf;2023 03 Excel_BUA 050239.xlsx
All,
The second request for additional information is attached. Please respond by April 29, 2023.
Thanks,
Kelly
IzeLL J o l/ wso vt,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive
Wilmington, NC 28405-3845
Phone: [phone]
From:Smith,Ashley M<[e-mail]>
Sent:Tuesday,January 17, 2023 10:31 AM
To:Johnson, Kelly<[e-mail]>; [e-mail]; CAMS<[e-mail]>;Jeff
Petroff<[e-mail]>
Subject: RE: Palmetto Creek of the Carolinas-State Stormwater(SW8 050239)
All,
We have received the package containing the requested information for the subject project on January 13,2023. The
information has been logged in and will be given to Kelly Johnson,for further review. This project will be added to their
queue of other files waiting for additional review and will be reviewed as quickly as possible, but no later than 90 days
from the date of the receipt. For further information on the status of the file in this queue, please contact the reviewer.
Thank you.
Ashley Smith
Stormwater Permitting Assistant
Division of Energy, Mineral,and Land Resources
North Carolina Department of Environmental Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: [phone] I Direct: [phone]
[e-mail]
1

NORTH CAROUNA
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From:Smith,Ashley M
Sent:Wednesday, December 28,2022 4:48 PM
To:Johnson, Kelly<[e-mail]>; [e-mail]; CAMS<[e-mail]>;Jeff
Petroff<[e-mail]>
Subject: RE: Palmetto Creek of the Carolinas-State Stormwater(SW8 050239)
All,
This email is intended to remind you to provide the requested information by January 13,2023,in accordance with 15A
NCAC 02H. 1045(4)(a)(i).
As noted in the letter, if all of the requested information cannot be provided by this due date,the application will need
to be returned in accordance with 15A NCAC 02H. 1045(4)(a)(ii)to allow for any additional time needed.
Thank you in advance for your attention to this matter.
Ashley Smith
Storm water Permitting Assistant
Division of Energy, Mineral,and Land Resources
North Carolina Department of Environmental Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: [phone] I Direct: [phone]
[e-mail]
NORTH CAROUNA
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From:Johnson, Kelly<[e-mail]>
Sent:Wednesday, December 14,2022 12:46 PM
To: [e-mail]; CAMS<[e-mail]>;Jeff Petroff<[e-mail]>
Cc:Smith,Ashley M<[e-mail]>
Subject: Palmetto Creek of the Carolinas-State Stormwater(SW8 050239)
All,
2

Attached is a pdf of the first request for additional information for the subject project. The inspection report and a
summary of the impervious area per lot are also attached. (There is a color coded key at the bottom of the table.)
Please pay special attention to the due date in the letter,which is January 13, 2023 in accordance with 15A NCAC 02H.
1045(4)(a)(i).As noted in the letter, if all the requested information cannot be provided by this due date,the application
will need to be returned in accordance with 15A NCAC 02H. 1045(4)(a)(ii)to allow for any additional time needed.
Please let me know if you have any questions or concerns.
Thanks,
Kelly
IC�LLWohln,Soln,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive
Wilmington, NC 28405-3845
Phone: [phone]
3

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, March 30,2023 4:15 PM
To: Smith,Ashley M; [e-mail]; CAMS;Jeff Petroff
Subject RE: Palmetto Creek of the Carolinas - State Stormwater(SW8 050239)
Now that I have,of course,already hit send on this email, I see that there are other lots that have deed restrictions
allowing more impervious area than was permitted. Any lot in this situation will have to be addressed.
Thanks,
Kelly
�.� AI B C.
ti Section 1
Lot Constructed Permitted Restricted
2 BUA BUA BUA
3 1 5,400 5,400
4 2 5,400 5,400
5 ! 3 6,500 6,500
6 4 6,500 6,500
7. 5 ' 6,500 6,500
8 6 . 6,500 6,500
9 7 6,500 6,500
10 8 5,500 6,500
11 9 - ) 5,500 6,500
12 10 5,500 6,500
Kau In sovt,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive
Wilmington, NC 28405-3845
Phone: [phone]
From:Johnson, Kelly
Sent:Thursday, March 30,2023 3:59 PM
To:Smith,Ashley M <[e-mail]>; [e-mail]; CAMS<[e-mail]>;Jeff
Petroff<[e-mail]>
Subject: RE: Palmetto Creek of the Carolinas-State Stormwater(SW8 050239)
All,
The second request for additional information is attached. Please respond by April 29,2023.
1

Thanks,
Kelly
eLLg j©iiv ,sovx,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive
Wilmington, NC 28405-3845
Phone: [phone]
From:Smith,Ashley M <[e-mail]>
Sent:Tuesday,January 17, 2023 10:31 AM
To:Johnson, Kelly<[e-mail]>; [e-mail]; CAMS<[e-mail]>;Jeff
Petroff<[e-mail]>
Subject: RE: Palmetto Creek of the Carolinas-State Stormwater(SW8 050239)
All,
We have received the package containing the requested information for the subject project on January 13, 2023. The
information has been logged in and will be given to Kelly Johnson,for further review. This project will be added to their
queue of other files waiting for additional review and will be reviewed as quickly as possible, but no later than 90 days
from the date of the receipt. For further information on the status of the file in this queue, please contact the reviewer.
Thank you.
Ashley Smith
Stormwater Permitting Assistant
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: [phone] I Direct: [phone]
[e-mail]
111E )01)
NORTH CAROUNA j
Department of Environmental Duel
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From:Smith,Ashley M
Sent:Wednesday, December 28,2022 4:48 PM
To:Johnson, Kelly<[e-mail]>; [e-mail];CAMS<[e-mail]>;Jeff
Petroff<[e-mail]>
Subject: RE: Palmetto Creek of the Carolinas-State Stormwater(SW8 050239)
2

All,
This email is intended to remind you to provide the requested information by January 13,2023,in accordance with 15A
NCAC 02H. 1045(4)(a)(i).
As noted in the letter, if all of the requested information cannot be provided by this due date,the application will need
to be returned in accordance with 15A NCAC 02H. 1045(4)(a)(ii)to allow for any additional time needed.
Thank you in advance for your attention to this matter.
Ashley Smith
Stormwater Permitting Assistant
Division of Energy, Mineral,and Land Resources
North Carolina Department of Environmental Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: [phone] I Direct: [phone]
[e-mail]
IF4Primasi
NORTH CAROLJNA
Department of Environmental Quei
&nail correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From:Johnson, Kelly<[e-mail]>
Sent:Wednesday, December 14, 2022 12:46 PM
To: [e-mail]; CAMS<[e-mail]>;Jeff Petroff<[e-mail]>
Cc:Smith,Ashley M <[e-mail]>
Subject: Palmetto Creek of the Carolinas-State Stormwater(SW8 050239)
All,
Attached is a pdf of the first request for additional information for the subject project. The inspection report and a
summary of the impervious area per lot are also attached. (There is a color coded key at the bottom of the table.)
Please pay special attention to the due date in the letter,which is January 13, 2023 in accordance with 15A NCAC 02H.
1045(4)(a)(i).As noted in the letter, if all the requested information cannot be provided by this due date,the application
will need to be returned in accordance with 15A NCAC 02H. 1045(4)(a)(ii)to allow for any additional time needed.
Please let me know if you have any questions or concerns.
Thanks,
Kelly
KeLL OkIALow
Kelly Johnson
Environmental Engineer
3

Revised Impervious Tracker
(Provided by POA)
JANij ,
eye

,
Palmetto Creek ARC Tracking Phase 1 Section 1
Custom-Mandevilla/Turnata
Section 1 Stormwater
SQ FT MIN IMP SURF LIMIT LOTS
Non-water 40 2100 5400 1,2 21-58
5500 8-10, 15-19
Water 18 2400 6500 3-7, 11-14,20
DATE STREET IMPERV
APPROVED LOT# # STREET OWNER BUILDER PLAN/ARCHITECT SQ FT EXT MATERIAL COVERAGE
1 &2 1186 Turnata Drive Sales Office
3
1/24/2018 6 1178 Turnata Drive Trusst Bldrs Trusst Candor 2376 Farrington 4051
9/6/2011 7 1176 Turnata Drive Fitzpatrick Logan Bellamy/Thompson 2056 Augusta/Shale 4459
9 1172 Turnata Drive Catanzaro Logan Newport/B.Thorne 2638 Nottingham 4332
5/11/2016 15 1230 Mandevilla Dr Dowling Horizon Freeport/Sabin 2315 Nottingham 3457
2/18/2022 16 1228 Mandevilla Dr Hardison Hardison Unknown 2099 Unknown 2985
2/18/2022 17 1226 Mandevilla Dr Hardison Hardison Unknown 2099 Unknown 2905
6/22/2009 20 1220 Mandevilla Dr Diaz Logan Bradley Thorne 1784 Stone Ridge 4829
5/21/2010 21 1218 Mandevilla Dr Leisure Homes Logan Newport/B.Thorne 2454 Augusta/Shale 4221
2/18/2022 22 1216 Mandevilla Dr Hardison Hardison Unknown 2099 Unknown 2894
2/18/2022 30 1211 Mandevilla Dr Hardison Hardison Unknown 2099 Unknown 2955
11/16/2017 41 1251 Mandevilla Dr True Homes True Homes TH/Monterest 1755 2754 Boral/Stone 3293
4/16/2019 44 1183 Turnata Drive Ritter Trusst Bldrs Candor 2 2364 Spaulding 4284
9/5/2017 45 1179 Tumata Drive Vill'Neuve Horizon Augusta/Sabin 2272 Shale/Tudor 3825
7/16/2012 46 1173 Turnata Drive So Homebuilders So Homebld Cambridge 2521 Providence 3545
11/1/2016 48 1165 Turnata Drive Powell Horizon Augusta/Sabin 2303 Smoke/Shale 3696
5/11/2016 51 1234 Mandevilla Dr Wright Horizon Kalena/Sabin 2431 Smoke/Shale 4036
2/18/2022 53 1240 Mandevilla Dr Hardison Hardison Unknown 2099 Unknown 2906
2008? 56 1250 Mandevilla Dr Duch Logan
9/8/2009 57 1252 Mandevilla Dr Leisure Leisure/Logan Bradley Thome 2638 Nottingham/Tudor 3997
6/30/1905 58 1254 Mandevilla Dr Pollack/Roarty Logan
rJANIEWEll
13423

Palmetto Creek ARC Tracking
Phase 1 Section 2
Custom-St Simon
Custom
Section 2 Stormwater LOTS
SQ FT MIN IMP SURF LIMIT 6,7,10,16,22,23,25,26,30
Non-water 122 2100 5500 50,5357,62,71,76,121,126,142
Water 24 2400 5930 1-5,8,9,11-15,17,18,20-21,24
27-29,31-49,51,52,58-61
63-70,72-75,77-120,122-125
DATE STREET 127-141,143-146 EXT IMPERV
APPROVED LOT# # STREET OWNER BUILDER PLAN/ARCHITECT SQ FT MATERIAL COVERAGE
5/8/2006 1 1269 St Simons Ringleib Logan Homes Jewel/Thorne 2899 Coventry 4548
5/20/2016 2 1271 St Simons Amot Trusst Builders Trusst/Mason II 2361 4107
10/20/2010 6 1259 St Simons Walker Logan Homes Valencia/Thorne 3089 Shale/Stucco 5350
11/30/2012 7 1255 St Simons Reed Logan Homes Belize II/Thompson 3601 Shale/Tudor 5441
1/24/2017 8 1251 St Simons Tayman Horizon Homes Sea Island/Sabin 3107 Shale/Tuscan 4386
6/4/2021 11 1241 St Simons Rumpf Liberty Homes Brinker 3332 Nottingham Tudor 5404
6/19/2012 14 1253 St Simons Farrington Liberty Homes Manchester/M.Thorpe 2288 Salem Creek 3899
10/5/2017 20 1227 St Simons Acomley Bill Clark Homes BCC/Ansley II 2267 Commonwealth 3742
5/2/2007 21 1223 St Simons Smith Southern Comfort Southern Pearl 2273 Providence 3927
40
41
42
8/2/2012 49 1405 Sennia Ct Dambach Logan Homes Ivy/Thompson 2265 General Shale 4009
1/27/2017 51 1402 Sennia Ct Geuy Trusst Builders Trusst/Kindle II 2198 Hartsfleld 3185
3/9/2022 39 1159 Natal Drive True Homes True Homes Broadway/Puvak-True 2384 Triangle Brick Queen/UbbyMill 4091
10/23/2018 54 1113 Natal Drive Casey Horizon Homes Palm/Sabin 2361 Nottingham 3350
8/29/2016 56 1105 Natal Drive Lawson Horizon Homes Reserve/Sabin 2927 Sante Fe/Clay 4266
10/22/2014 57 1101 Natal Drive Wafa/Lama Horizon Homes Reserve Custom 3025 Hanson/Grey 4447
6/11/2021 85 1170 Natal Drive Raynor Trusst Builders N/A 2888 Morning Smoke/Sage 4561
4/4/2022 87 1174 Natal Drive Whitmer Southern Comfort Derrik McKenzie 2460 General Shale
5/20/2015 62 1406 Serrulata War Horizon Homes Reserve Custom 2889 Hanson/Grey 3584
6/23/2017 63 1410 Serrulata Grogan Horizon Homes Bahama/Sabin 2274 Charleston 3767
1/4/2011 64 1414 Serrulata Kremmerer Logan Homes Currituck/B.Thorne _ 2336 Nottingham 4562
10/22/2015 70 1419 Serrulata Niedzialek Horizon Homes Palm/Sabin 2355 Nottingham 3547
9/13/2013 76 1138 Natal Drive Patey Logan Homes Nantucket II/Thompson 2821 Pebblestone 4843
7/28/2011 91 1406 Carissa Dr Skelps Tongue&Groove Lisle Arch&Design 4086 General Shale 5124
12/10/2015 93 1199 Sabel Loop Patterson Horizon Homes Palm/Sabin 2189 Sante Fe 3935
10/21/2013 94 1197 Sabel Loop Cox Logan Homes Nantucket II/Thompson 2831 Cape Lookout 4995
12/6/2010 98 1189 Sabel Loop Klug Liberty Homes Biscayne/M.Thorpe 2625 Montana Suede 4873
9/6/2011 99 1187 Sabel Loop McNevich Logan Homes Valencia/Thompson 2548 General Shale 5697
6/7/2012 104 1177 Sabel Loop Humphrey Liberty Homes Manchester/M.Thorpe 2288 Montana Stone 3794
11/8/2016 106 1173 Sabel Loop Horizon Horizon Homes Augusta/Sabin 2389 Shale Manor 4157
10/28/2013 108 1169 Sabel Loon Heubish Lewis Builders Nelson Design Group 3124 Commonwealth 5922
11/17/2017 112 1157 Sabel Loop Osa Trusst Builders Trusst/Captiva 2947 Cortez 5800
12/10/2015 113 1155 Sabel Loop Whitacre Horizon Homes Augusta/Sabin 2422 General Shale 3970
3/24/2011 115 1151 Sabel Loop Fike Logan Homes Newport/B.Thorne 2100 General Shale 4253
8/6/2013 117 1156 Sabel Loop Heubach Southern Comfort Southern Pearl 2657 Wade Tutor 5038
1/20/2017 120 1166 Sabel Loop Snyder Liberty Homes Biscayne/M.Thorpe 2766 Mountain Stone 3988
10/12/2021 121 1168 Sabel Loop Jahn Horizion Homes Augusta/Sabin 2325 Triangle Brick Tiffany 4021
8/14/2019 122 1176 Sabel Loop Poe Trusst Builders Candor 2030 Spaulding 4111
4/7/2022 123 1180 Sabel Loop Horizon Homes Horizon Homes Sabin 2484 Triangle Brick Washed White 3952
5/21/2014 126 1196 Sabel Loop H&H Homes H&H Homes Ren/Edgemont A4 2310 Tangier 3866
6/10/2018 131 1214 St Simons Keifer Curtis Skipper Madra/CSC Designs 2701 Shale Cortez 4586
9/6/2011 133 1222 St Simons Guziewicz Southern Comfort Southern Diamond 2607 General Shale 4426
6/1/2010 134 1226 St Simons Fuentispina Logan Homes Nantucket/B.Thorne 2676 Nottingham 4848
9/16/2010 136 1238 St Simons Kriger Southern Comfort Southern Pearl II 2273 General Shale 4498
1 7/17/2016 137 1244 St Simons Ritter Trusst Builders Grayson 2570 Colony Point 4362
3/24/2010 139 1252 St Simons Swanks _ Logan Homes Newport/B.Thome 2638 Nottingham 5803
1/17/2013 140 1254 St Simons Stevens/Fulp Trusst Builders Harmony 2A 2934 Providence 5425
1/2/2007 141 1256 St Simons Shoreline Homes Shoreline Homes Nelson Design Group 3209 Hamilton
10/13/2015 142 1260 St Simons H&H Homes H&H Homes Ren/Palmetto A4 2723 onslow 4937
12/20/2007 143 1264 St Simons Southern Comfort Southern Comfort Coastline/SouthemStar 1853 Providence 4366
144 1268 St Simons Annecchiarico Castel)Builders
145 flECEIv
146 JAN1 : 1013

Palmetto Creek ARC Tracking
Phase 1 Section 3
Gardens
Section 3 Stormwater
SQ FT MIN IMP SURF LIMIT LOTS
1450 3300 001-065
DATE STREET EXT IMPERV
REVIEWED LOT# # STREET OWNER BUILDER PLAN/ARCHITECT SQ FT MATERIAL COVERAGE
9/12/2008 1 1263 Opaca Dr Sral McKoy St. Helena-3031 1606 Old Marlboro 2798
5/24/2022 2 1261 Opaca Dr Caviness&Cates Caviness&Cates Lockwood/Tucker 2623 Morning Smoke Brick 2899
3/26/2012 3 1259 Opaca Dr Waddell Logan Ivy/Thompson 1553 Augusta/Shale 2945
8/5/2009 4 1257 Opaca Dr Leisure Homes Logan Briar 1535 Old Marlboro 2885
5
9/6/2011 6 1253 Opaca Dr Fallen Logan Ivy/Thompson 1975 Old Marlboro 3250
5/8/2012 7 1251 Opaca Dr Root Logan Ivy/Thompson 2106 Stone Ridge 3127
3/11/2011 8 1249 Opaca Dr Bozek Logan Ivy/Thompson 2017 Nottingham Tudor 3016
4/21/2015 9 1247 Opaca Dr Krusius Horizon Palm/Sabin 2027 3180
1/16/2012 10 1245 Opaca Dr Gross Logan Ivy/Thompson 2619 Nottingham Tudor 3176
1/24/2018 13 1239 Opaca Dr Llewellyn Horizon Sabin 2187 Nottingham Willow 3152
5/10/2018 15 1235 Opaca Dr Windsor Invest Windsor Bellhaven III 1864 Cottonwood GS 3052.3
5/21/2014 16 1233 Opaca Dr H&H Homes H&H Homes RDG/Ashley A4 1836 Tangier 2827
5/11/2016 17 1231 Opaca Dr Horizon Horizon Freeport/Sabin 1944 Farrington/Tudor 2776
12/1/2011 19 1227 Opaca Dr Logan Logan Orchard 1742 Stone Ridge 3064
20
5/11/2011 21 1223 Opaca Dr Whitacre Logan Ivy/Thompson 2016 Nottingham Tudor 3026
7/26/2013 22 1221 Opaca Dr Combs Logan Ivyll/Thompson 1716 Old Marlboro 3092
3/26/2012 23 1215 Liset Ct Herring Logan Ivy/Thompson 2132 Augusta/Shale 3296
5/30/2012 24 1213 Liset Ct Palmieri Logan Ivy/Thompson 1993 Stone Ridge 3113
5/10/2018 25 1211 Liset Ct Windsor Invest Windsor Somersett III 2173 Farrington/Tudor 3235.4
10/23/2018 29 1204 Liset Ct Mintzer Horizon Palm/Sabin 2015 Charleston 3157
12/2/2010 31 1208 Liset Ct Dix Logan Laurel 1632 Old Marlboro 3246
7/7/2010 32 1210 Liset Ct Kinnin Logan Bradley Thorne 1957 Augusta/Shale 3298
_2/18/2022 33 1212 Liset Ct Hardison Hardison Unknown 2099 Unknown 2892
5/24/2022 34 1214 Liset Ct Caviness&Cates Caviness&Cates Clairmont/Tuckert 1919 Chesapeake Gray Brick 2888
2/18/2022 35 1216 Liset Ct Hardison Hardison Unknown 2099 Unknown 2888
2/18/2022 38 1207 Opaca Dr Hardison Hardison Unknown 2099 Unknown 2886
8/5/2009 39 1205 Opaca Dr Leisure Homes Logan Ivy/Thompson 1674 Nottingham Tudor 2897
40
5/20/2008 41 1201 Opaca Dr Savannah Homes McKoy St. Catherine's 1468 Old Marlboro 2791
2/18/2022 58 1228 Opaca Dr Hardison Hardison Unknown 2099 Unknown 2887
2/18/2022 61 1261 Opaca Dr Hardison Hardison Unknown 2099 Unknown 2890
1/25/2007 42 1404 Vitas Court Smith McKoy St.Catherine's 1468 Old Marlboro 3009
1/25/2007 43 1408 Vitas Court Savannah Homes McKoy The Cabretta 1356 Old Marlboro 2464
1/25/2007 44 1410 Vitas Court Huyton McKoy St. Helena 1540 Old Marlboro 2757
1/25/2007 45 1411 Vitas Court Humphrey McKoy St. Catherine's 1468 Old Marlboro 2752
1/25/2007 46 1409 Vitas Court Hendrix McKoy St. Helena 1540 Old Marlboro 2853
1/25/2007 47 1407 Vitas Court Cabic McKoy The Cabretta 1356 Old Marlboro 2464
2/6/2007 48 1405 Vitas Court Murray McKoy The Cabretta 1356 Old Marlboro 2543
49
50
1/15/2019 51 1250 Opaca Dr Airlie Homes Airlie Lockwood/Lee 2023 Bradford/Tutor 2980
3/10/2018 53 1242 Opaca Dr Airlie Homes Design Sedgefield 1959 Monaco 3130
10/9/2015 56 1234 Opaca Dr H&H Homes H&H Homes RDG/Hoke A4 1711 Charleston 2894
5/21/2014 57 1230 Opaca Dr H&H Homes H&H Homes CRD/Hoke 1711 Monaco 2957
9/13/2017 59 1224 Opaca Dr Horizon Horizon Palm/Sabin 2015 Farrington/Tudor 2015
9/13/2017 60 1220 Opaca Dr Horizon Horizon Bahama/Sabin 2129 Nantucket 3064
5/2/2011 62 1214 Opaca Dr Yeso Logan Ivy/Thompson 2005 Augusta/Shale 3082
3/17/2008 63 1210 Opaca Dr Browning McKoy St. ElvErOld Marlboro 2832
JAN 13 2023
Ar
BY:

Section 4 Stormwater Palmetto Creek ARC Tracking
SQ FT MIN IMP SURF LIMIT Phase 1 Section 4 LOTS
1400/1800 3556 Charleston 2,3,4,24,25
4000 5,6,9-14,16-23,27-36,62
4756 63
3500 1,7,8,15,25,26,37-44&
46-61,64-68
DATE STREET IMPERV
REVIEWED LOT# # STREET OWNER BUILDER PLAN/ARCHITECT SQ FT EXT MATERIAL COVERAGE
5/8/2006 1 _ 1126 Serotina Bourdreau Patterson Sabins Drafting 1995 Charleston 3256
5/8/2006 2 1124 Serotina Friedman Patterson Meeting Place 1686 Carriage House 3556
5/8/2006 3 1122 Serotina Woodhead Patterson St James B 1597 Monticello 3556
5/8/2006 4 1120 Serotina Riley Patterson St James B-2 2187 Old Marborol 3556
6/6/2014 5 1216 Isu Court H&H Homes H&H Homes Ren/Beaufort B4 2160 Pamlico 3170
6/6/2014 6 1214 Isu Court H&H Homes H&H Homes Ren/Cumberland A4 2053 Tangier 2966
10/26/2009 7 1212 Isu Court Cottage Homes Logan Calhoun Street 1614 Monticello 3054
7/15/2014 8 1210 Isu Court Cirillo Horizon Reserve Custom 2189 Hanson 3422
3/2/2012 9 1208 Isu Court Taymon Logan Meeting Street 2080 Edenton 3420
10/23/2018 10 1201 Isu Court Morris Horizon Sabin/Bahama 2294 Cumberland/Tutor 3376
9/13/2021 11 1204 Isu Court American Homesmith American Homesmith Poplar Grove/Frazier 1993 Palmetto/Laurel Bay 3209
12/2/2021 14 1201 Isu Court American Homesmith American Homesmith Poplar Grove/Frazier 1993 Palmetto Brick 3209
11/6/2015 15 1203 Isu Court Branson Trusst Kindle II 2198 Salem Tudor 3448
5/10/2018 17 1209 Isu Court Windsor Windsor Pinehurst III 1944 Cape Lookout GS 3101
20
10/5/2011 21 1192 Serotina Logan Logan Ivy/Thompson 1975 Monticello 3231
9/13/2021 22 1188 Serotina American Homesmith American Homesmith Poplar Grove/Frazier 1993 Palmetto/Laurel Bay 2857
7/2/2013 23 1186 Serotina Rapp Logan Seagull2/Thompson 1772 Monticello 3970
5/8/2006 24 1174 Serotina Wynn Patterson St James A 1597 Monticello 3556
25
1/28/2011 26 1170 Serotina Gorrell So Comfort DK Designs 1963 Southhampton 3149
10/21/2013 27 1168 Serotina Nash Horizon Augusta 2169 Adams/Mastic 3516
4/15/2013 28 1166 Serotina Lundy Horizon Beaufort 2113 Low Ctry Blend 3259
5/10/2018 30 1162 Serotina Windsor Windsor Midland II 2069 Morning Smoke 3448.6
11/20/2013 31 1160 Serotina Rennewanz Logan Ann St/Thompson 1715 Natchez 3487
1/9/2012 32 1158 Serotina Stagner Logan Ivy/Thompson 1777 Monticello 3223
4/7/2022 33 1156 Serotina American Homesmith American Homesmith Tony Frazier 1993 Palmetto Brick 2846
7/10/2014 35 1152 Serotina Powers Horizon Reserve Custom 2662 Hanson 3249
5/24/2022 34 1154 Serotina Caviness&Cates Caviness&Cates Southport/Tucker 1983 Oyster Bay Brick 3068
2/18/2022 36 1148 Serotina Hardison Hardison Unknown 2099 Unknown 2901
10/14/2009 37 1146 Serotina Cottage Homes Logan Meeting Street 1643 Monticello 2565
4/7/2022 38 1144 Serotina American Homesmith American Homesmith Tony Frazier 1993 Palmetto Brick 2946
3/9/2022 40 1140 Serotina Caviness&Cates Caviness&Cates Lockwood/Tucker 1877 Chesapeake Gray 2952
9/14/2021 44 1132 Serotina American Homesmith American Homesmith Poplar Grove/Frezler 1993 Palmetto/Laurel Bay 2827
5/8/2006 45 1130 Serotina Burton Patterson St James A-2 1795 Old Marlboro 3556
6/23/2006 46 1131 Serotina Tully Patterson Meeting Place B-7 2522 Commonwealth 3500
6/23/2006 47 1129 Serotina Paquette Patterson Charleston A-2 1995 Carriage House 3500
6/23/2006 48 1127 Serotina DoBosh Patterson St James A-2 1795 Monticello 3500 _
6/23/2006 49 1125 Serotina Clay Patterson Meeting Place A-2 elvB 1995 Old Marlboro 3500
6/23/2006 50 1123 Serotina McGill/Horan Patterson Charleston A-1 elvB 1871 Commonwealth 3500
6/23/2006 51 1121 Serotina Annecchiarico Patterson Charleston B-1 elvA 2263 Carriage House 3500
6/23/2006 52 1183 Serotina Bostel Patterson St James A-1 elvA 1989 Old Marlboro 3500
6/23/2006 53 1179 Serotina Griffith Patterson Meeting PI A-2 elvA 1995 Monticello 3500
6/23/2006 54 1177 Serotina Murray Patterson Charleston B-1 elvB 2263 Commonwealth 3500
6/23/2006 55 1175 Serotina Martin Patterson St James B-2 elvB 2187 Old Marlboro 3500
5/24/2022 56 1173 Serotina Caviness&Cates Caviness&Cates Clairmont/Tucker 2050 Morning Smoke Brick 2790
3/9/2022 57 1171 Serotina Caviness&Cates Caviness&Cates Lockwood/Tucker 1877 Chesapeake Gray 3015
3/9/2022 58 1169 Serotina Caviness&Cates Caviness&Cates Southport/Tucker 1983 General Shale 3171
59
10/6/2021 60 1165 Serotina King Trusst Plum Island/Trusst 1913 Cumberland Tudor 3459
2/18/2022 62 1157 Serotina Hardison Hardison Unknown 2099 Unknown 3457
3/24/2008 63 1145 Serotina Fuller Logan Bellamy/Underwood 2148 Nachez 4756
64
65
66
9/13/2021 67 1135 Serotina American Homesmith American Homesmith Poplar Grove/Frazier 1993 Palmetto/Laurel Bay 2827
3/9/2022 68 1133 Serotina Caviness&Cates Caviness&Cates Clairmont/fucker 1785 Morning Smoke 2889
IECEWE
JAN 13 2023

Schedule of Compliance and
Plan of Action for Inspection Issues

NCDEQ
127 Cardinal Drive Extension
Wilmington,NC 28405
Attn: Stormwater Renewal Personnel
Re: Palmetto Creek of the Carolinas (SW8 050239)
State Stormwater: Permit Transfer Application
Plan of Action and Schedule of Compliance
To Whom it May Concern,
This Plan of Action and Schedule of Compliance pertains to the Notice of Inspection as part of the request for
additional information in the Permit Transfer Application for Palmetto Creek of the Carolinas SW8 050239. As
the incoming permittee,I understand that I will be transferred a non-compliant stormwater permit and agree to
bring the project into compliance within the proposed timeline.
We were provided a Notice of Inspection(NOI)that was performed on November 22,2022, and subsequent list
of compliance issues that needed to be resolved.Based upon the request for additional information dated August
December 13, 2022, pertaining to the transfer of this permit we are proposing to resolve these issues with the
following Schedule of Compliance and timeline in which the compliance issues would be resolved.Accordingly,
this revised Schedule of Compliance specifically addresses the items outlined in the NOI.
The NOT comments are provided below:
1. Pond 1B:The slopes need to be stabilized with vegetation
The proposed permittee,Palmetto Creek HOA,will revegetate the denuded areas of the pond slopes 1B
within 90 days of the date of this letter.
2. Wetland 3: Vegetation needs to be maintained per the O&M Agreement.
The vegetation at Wetland 3 will be maintained within 90 days of the date of this letter.
3. Wetland 5:Vegetation at the outfall into the wetland needs to be maintained.
The vegetation at Wetland 5 outfall will be maintained within 90 days of the date of this letter.
4. Swale 4: The grading needs to be maintained so water can enter Swale 4.
The grading around Swale 4 will be maintained within 90 days of the date of this letter.
5. Swale 10:This swale needs to be maintained. It is eroding.
Swale 10 will be maintained within 90 days of the date of this letter.
6. Swale 14:This swale should be vegetated as opposed to lined with rock. If your engineer feels that
the rock is necessary to stabilize the swale and there is no other option,please have him submit a
justification for the rock with the permit modification to address the impervious area per lot issue
and show the rock in the swale on the plan.
The HOA has vegetated Swale 14 numerous times and they have been unsuccessful establishing long-
term vegetative growth. It isn't a velocity issue but appears to be a soils issue. The HOA will once again
try to revegetate the swale with some soil amendments and may keep the rock lining for the first few feet
of swale and available for spot stabilization if needed. The HOA will do this within 90 days of the date
of this letter.
7. Swale 16,17,9: These swales are densely vegetated and need to be maintained per the O&M
Agreement.
Swales 16, 17 and 9 will be maintained within 90 days of the date of this letter.
ECE1VE
JAN 13 2023
}
page 3 of BY

8. Level Spreader: The level spreader needs to be maintained so water does not bypass treatment.
The vegetated filter should also be maintained per the O&M Agreement.
The Level Spreader will be maintained within 90 days of the date of this letter.
Thank you,
f'rr Q I— /�_ W
R ney Kersten,Presid: i t Date
Palmetto Creek POA 141/4
1195 Palmetto Creek Way
Bolivia,NC 28422
JqN �
ielitir
�.' 2O3
BY
Page 2 of

Architectural Review Application
For Lot 7 Section 2
r7467`)
rettAL 0-iffv\-ccl
( 61:its Lai
core cie ton_
RECEivEo
JAN 13 2023
B

rs
. ,i4:47-±44111: A 7T.„-A ,,
PALMETTO CREEK POA INC. '
New Construction Architectural Review Application Date:
Owner Name: .'.l -,l 7' —"`- is l i••, Phase: • Section# 2 Homesite#: 7
Homesite Address: i
Current Mailing Address: v. i....- r. , t ';:.. r ,t # t i :r
Owner Contact Number(s)Home: Work: l', ' ; -" Cell:
Have you read and become familiar with: Palmetto Creek Protective Covenants? Yes No
Palmetto Creek Architectural Design Guidelines?`fes No
General Contractor Name: L, , ° . '..Lk. NC Contractor License#: 5`i'14
• Contractor Mailing Address: ( C :4•c • i t-•. 'i t ;.z L '- '- '- ' , I :t. I ;,, .
Street City St Zip
Contractor Contact Number(s) Office: _` - _ , Cell: ." • . •' ' Fax:_a. .''.1; •
Has Contractor read and become familiar with: Palmetto Creek Residential Protective Covenants? Yes' No
Governmental Building Codes&Requirements? es• No
Palmetto Creek Architectural Design Guidelines? :Yes No
Design Details:
Architect: _ C rtSE`-! ' F11cp.i t' - '`..' Plan Name or Number: I l:t- I YE: ,-77. _
Heated Sq. Ft. _ , f aC' • Impervious Limit for Building Site: =? o0 Coverage as Submitted: 5/111f
Special Lot/Section/Building Site Considerations:
tilhn.Front Setback: L , Front Setback as Drawn: Z S.7''tan.Side Setback 5 ` RtSide Setback 22-A'LSide Setback: 31 7'
Material Details: List material_type,color and manufacturer of each item below:
Foundation: Crawl or' Raised Slab? #Rocks Raised: (minimum 3)
4r11E14r y .
Exterior finish: Brick SitLt� c a-is• k`fi aft — .4. a Siding ?"`
7t i<d.. Vinyl L.I il f 48-4 tr.:'`":1s4 z°tilt ?b,yrt•' Cher
Trim material: :'r it ,:.1 ,.. ;r it,a-A• _ 4 _,k ' Shutters -. ':.ik:.,. i. ' •- 4 it i.
•
Shingles being used '>` -year. Architectural grade? Yes No Color of Shingles: x.N.Ye, iN, w _:'•,-:•:_
Windows: rh:::'i„ 1a l it ` 5?.3,0 r'.r-::i 16 r,' Front Door Mvnrr'a,•410, 00 i y'LOS:,*(,',cal _ t•a.cz,,a?
Garage Door(s) Dimensions i to r 7 #Doors 7- 1,2,3 car a Details: % ' • v
Driveway Materials and Design tr)etails: 4,k i 0 E: %= : €'.4 q..L*#.7
Fees &Deposits: *Mailbox Installation (sec 2 ONLY) Contact RAGS (910)793-9O137*
Non-Refundable Review Fee $350 (payable to Palmetto Creek POA) Check No.
Non-Refundable Road Access Fee$1000 (payable to Palmetto Creek POA) Check No.
Refundable Construction Deposit$1000 (payable to Palmetto Creek POA) Check No. l i a•
Check the Following Items That Are included tor Plan Review and Lot Inspection:
Site Plan showing setbacks and impervious surface coverage _Front Building Elevation —Rear Elevation
_Landscape Plan* • All Floor Plans —Left Side Elevation _Rt Side Elevation
Submit landscaping Plan at least 3 weeks prior to installation:home design may require suirnission during initial review►-(5 gal.minimum)
• "One set of reduced plans(11"x17")is needed at the time of review. The reduced satin to retained for the Association's files.
I understand that the Architectural Review Committee is reviewing the submated plans for compliance to the architectural
concept of Palmetto Creek and make no representations regarding the integrity of design and materials or compliance to
gong tal les and tions. Compliance with the Palmetto Creek Protective Co
Q Covenants,Architectural Guidelines
Ka tali is re nsliCfiy+of each individual ovvnel>- -
Pr.•-ny Owner Sign re&Date General Contraactbr Signaturee & Date
f?.+a s '; a^e::ri!?.. d1 i.ulr:I( ' 1r— gHB,ro= .,,
•petty Ow er Signature&D e ARC Approved Signature&Date
. EC! vE
C JAN t j 2023
I
B

CLD Engineering, PLLC FIFE
ll
Plitik Civil Engineering/Landscape Architecture JAN 13 2023
Land Planning/Construction Management
411
P.O.Box 1172 Phone:[phone] 8Y.•
Wilmington,NC 28402 Fax:[phone]
www.cldeng.com
To: NCDEQ—Wilmington Regional Office Date: January 13,2023
127 Cardinal Drive Extension File: 101-01
Wilmington,NC 28405 Subject:
Palmetto Creek of the Carolinas
(SW8 050239 Mod)
Stormwater Permit Transfer Response to
Attn: Kelly Johnson Request for Additional Information
❑As Requested ❑For Your Files 0 For Distribution ®For your Review/Action/Approval
❑ Sent via E-Mail ® Sent via Courier
Quantity Drawing No. Description
1 Original Response to Request for Additional Information
1 Copy Updated Impervious Tracker
1 Copy Architectural Review Application for Lot7 Section 2
1 Copy Schedule of Compliance for Inspection Issues
REMARKS Please do not hesitate to contact this office should you have any questions or concerns pertaining to this submittal.
CC: File
Signed —���'
Jeffrey B. - `;

I\U Y\ -
CLD Engineering, PLLC
:144 Civil Engineering/Landscape Architecture
Land Planning/Construction Management
8 January 23, 2023 BAN r 3 2023 ;
NCDEQ �
127 Cardinal Drive Extension
Wilmington, NC 28405
Attn: Ms. Kelly Johnson, Environmental Engineer
Re: Palmetto Creek of the Carolinas—Change of Ownership SW8 050239 Request for Additional
Information
Ms.Johnson,
In response to your request for additional information on the aforementioned project, please find the following
responses. For ease,we repeated the comments in bold and provided our response below in normal font.
1. Deed Restrictions[15A NCAC 02H.1045(2)(e)]:Please see the enclosed Impervious Area Summary.The
deed restrictions submitted are recorded beginning on BK2324/PG1195, but there are discrepancies
between the recorded impervious area per lot values in the restrictions and in the permit.The permit
limits Section 2 such that some lots are 5,500sf and some lots are 5,930sf. The restrictions allow
6,000sf.The permit will need to be modified to match the restrictions,or the restrictions will need to
be modified to match the permit. (It is easier to modify the permit rather than the restrictions if lots
have already been sold with a higher impervious area per lot allocation.)Additionally,Section 2 Tract
2C is not deed restricted,Section 2 Lot 7 is overbuilt,the constructed impervious for Section 4 Lot 17
has an error in the spreadsheet,and Section 2 Lot 19 appears to have been omitted from the permit
text.These issues will also need to be addressed.
The Master Declaration of Protective Covenants for Palmetto Creek was recorded in Book 2324,
Page 1195 of the Brunswick County Registry. The property that was initially subjected to the Master
Declaration was Section 2 of Palmetto Creek and the stormwater restrictions were set out in Section
11.6. This section provides that all lots within Section 2(including but not limited to those lots that were
shown on the above-referenced plat)were allocated 6,000 SF BUA. The plat at MB 34, Page 239 shows
the land that is now known as Lot 19, Section 2 included within the larger tract that is known as Tract
2C. The stormwater permit shows Tract 2C but does not show Lot 19, which is most likely because Lot
19 was originally just part of Tract 2C. After the Master Declaration was recorded, two amendments
were recorded revising the stormwater restrictions and establishing the BUA amounts for additional
portions of Palmetto Creek—those are recorded in Book 2545, Page 6 and Book 3016, Page 473 of the
Brunswick County Registry.
As additional portions of Palmetto Creek were developed, Supplemental Declarations were
recorded to annex those portions and subject them to the Master Declaration. The Supplemental
Declaration recorded in Book 2530, Page 869 annexed Tract 2C and Lot 19, Section Two into Palmetto
Creek. Tract 2C was then gifted and conveyed to the North Carolina Agricultural Foundation. It does
not appear that specific stormwater restrictions were recorded for Tract 2C, and that is likely because
this land is conservation land —it is wetlands without access to a public road other than walking trail
P . O . Box 1172 Wilmington, NC 28402
Phone : 910 - 254 9333 Fax : [phone] www . CLDenx . com

access, and was gifted to the Foundation for educational and conservation purposes. Lot 19 was also
gifted later to the North Carolina Agricultural Foundation. Lot 19 was restricted by Section 11.6 of the
Master Declaration and was included in the Amendments.See Amendment recorded in Book 3016,Page
473 which includes Lot 19 in the grouping of the Section Two lots. Therefore, it seems that the
stormwater permit allocated impervious coverage to Tract 2C (which included Lot 19 at the time).
Because Tract 2C is now conservation property,there should be no need to record restrictions for Tract
2C,and the restrictions have already been recorded for Lot 19.
Regarding Lot 7, Section 2, the as-constructed number in the chart was incorrect. The correct
number is 5441 sq. ft, not 5941. The corrected chart is attached. We pulled the original Architectural
Review documents, also attached,and we believe the number 4 was misread as a 9.
Regarding the comment that the recorded impervious areas values and the permit are not
entirely consistent, it appears that the permit was revised in 2011 changing some of the impervious
amounts,but we do not find a corresponding amendment to the Declaration reflecting the same. If XDV
still held Declarant Rights, it could potentially record an amendment to reflect the change. However,
XDV is no longer in control of the HOA,no longer holds Declarant rights,and no longer owns any property
there.We do know that the Architectural Review Committee has the current and accurate BUA's in their
records,so no homes have been or should ever be approved with higher than the permitted amounts.
As you can see from the chart, no home, has ever been permitted to be built with impervious higher
than the permit numbers. Section 11.6 of the Declaration also states that property is subject to the
stormwater permit and all rules of NC regarding stormwater runoff. The deed restrictions are only
recorded in addition to the stormwater permit. Therefore, the owners were already all put on notice
that the permit and state rules govern and control over anything the covenants may or may not say.As
such,we would request a wavier of this request to record additional documents.
Regarding Lot 17 in Section 4,the error in the spreadsheet has been corrected and attached.
2. POA Address[15A NCAC 02H.1045(2)(a)]:The address for the POA on the application must match
the NC Secretary of State's records.The NC SoS lists the address as 1630 Military Cutoff Road,Suite
108,Wilmington NC 28403.The property manager's address listed on the application is 1612 Military
Cutoff Road.Suite 108.Wilmington. NC 28403.and the HOA President's address is listed above.
Please make the necessary adjustments to the application and/or the NC Secretary of State's
records.
The address shown on the application is correct. A simple change of address has been prepared
and will be filed with the Secretary of State in the upcoming week.
3. Notice of Inspection:
Please see the attached Schedule of Compliance and Plan of Action addressing all the items
listed in the Notice of Inspection.
Please let me know if you have any questions or need any additional information.
Very Respectfully,
Jeff Petroff, PE JAB 7073 1
CLD Engineering, PLLC BY•
P . O . Box 1172 Wilmington, NC 28402
Phone : [phone] Fax : [phone] www . CLDene . com

R sIddk.Nrk #-1
ROY COOPER 4 . ..:
Governor
Lt:ttli: . v , .:+ii di
UR./�B 7 11 S.BISER . o ,X4.r
BRIAN WRENN NORTH CAROLINA
Dirmrrr EnvironneentaiQuality
December 13,2022
Via email only: bert(a,,exumcompany.com
XDV,Inc, current permittee
Attn:Mr. Bert Exum, President
PO Box 1967
Wilmington,NC 28402
and
Palmetto Creek,POA,proposed permittee
Attn.Mr, Rodney Kersten,President
1195 Palmetto Creek Way
Bolivia,NC 28422
Subject: Request for Additional Information/Notice of Inspection
State Stormwater Management Permit No. SW8 050239
Palmetto Creek of the Carolinas
Brunswick County
Dear Mr. Exum&Mr. Kersten:
The Wilmington Regional Office of the Division of Energy,Mineral and Land Resources(DEMLR)received and
accepted a signed Permit Transfer Application Form for the subject project on September 23,2022. The current
and proposed permittees have requested to transfer the permit in accordance with 15A NCAC 02H.1045(1)(a).A
preliminary in-depth review of the documentation submitted with the transfer request determined that the
application is incomplete, and that additional information is needed.
Since the transfer was submitted under NCAC 02H.1045(1)(a)and the proposed permittee did not select the
option in Section F of the application form where they agree to be the entity responsible for addressing any
compliance issues,the project must found be in compliance with the permit prior to approving the transfer.
Please either address the following items to demonstrate compliance with the permit. Or,if the POA wants
to accept the permit transfer of a non-compliant permit,please submit a Schedule of Compliance signed by
the POA that provides a timeline in which the issues summarized in this letter will be resolved. If the proposed
permittee would like to accept responsibility for resolving these items,please also submit a new Section F of the
application with that option selected. To continue the review and processing of this transfer request,please
provide the following documentation in a single,hard copy submittal package to complete the application and
demonstrate compliance with the permit:
1. Deed Restrictions [15A NCAC 02H.1045(2)(e)]: Please see the enclosed Impervious Area Summary.
The deed restrictions submitted are recorded beginning on BK2324/PG1195,but there are discrepancies
between the recorded impervious area per lot values in the restrictions and in the permit. The permit
limits Section 2 such that some lots are 5,500sf and some lots are 5,930sf. The restrictions allow 6,000sf.
The permit will need to be modified to match the restrictions,or the restrictions will need to be modified
to match the permit, (It is easier to modify the permit rather than the restrictions if lots have already
been sold with a higher impervious area per lot allocation.) Additionally, Section 2 Tract 2C is not deed
restricted, Section 2 Lot 7 is overbuilt,the constructed impervious for Section 4 Lot 17 has an error in the
spreadsheet,and Section 2 Lot 19 appears to have been omitted from the permit text. These issues will
also need to be addressed.
CIEQ
5 Nardi Carofina.DepartMent of Environmental Qtta$ty! Divciarof Gr gy.Mineral and Lend Rc ant cos
. -, Wilmington RegiO alafflce 127 Cardeml Drips Extension:1 Wilmington,North Carolina 285
`so., 910.796.725

State Stormwater Permit No. SW8 050239'
Page 2 of 3
2. POA Address [15A NCAC 02H.1045(2)(a)]: The address for the POA on the application must match the
NC Secretary of State's records. The NC SoS lists the address as 1630 Military Cutoff Road,Suite 108,
Wilmington NC 28403. The property manager's address listed on the application is 1612 Military Cutoff
Road, Suite 108,Wilmington,NC 28403,and the HOA President's address is listed above. Please make
the necessary adjustments to the application and/or the NC Secretary of State's records.
Notice of Inspection
On November 22,2022,the Wilmington Regional Office of the Division of Energy,Mineral and Land Resources
(DEMLR)inspected the subject project to determine the status of compliance with this permit,most recently
issued on September 20,2022. DEMLR file review and site inspection revealed that the site is not in compliance
with the terms and conditions of this permit. A copy of the completed form entitled"Compliance Inspection
Report" summarizing the findings of the recent inspection is attached to this letter.
1. Pond 1B: The slopes need to be stabilized with vegetation.
2. Wetland 3: Vegetation needs to be maintained per the O&M Agreement.
3. Wetland 5: Vegetation at the outfall into the wetland needs to be maintained.
4. Swale 4 The grading needs to be maintained so water can enter Swale 4.
5. Swale 10: This swale needs to be maintained. It is eroding.
6. Swale 14i This swale should be vegetated as opposed to lined with rock If your engineer feels that the
cock is necessary to stabilize the swale and there is no other option,please have him submit a.justification
for the rock with the permit modification to address the impervious area per lot issue and show the rock in
the swale on the plan.
7. Swales 16, 17,9. These swales are densely vegetated and need to be maintained per the O&M
Agreement.
8. Level Spreader. The level spreader needs to be maintained so water does not bypass treatment. The
vegetated filter should also be maintained per the O&M Agreement.
All of the requested information listed above should be received in this Office by January 13,2023,in
accordance with 15A NCAC 02H.1045(4)(a)(i). Please note that only two letters requesting additional
information is allowed in the State Stormwater Program, this being the first. If the required information is not
satisfactorily provided by this date,the project will be returned in accordance with 15A NCAC
02H.1045(4)(a)(ii)_ If the project is returned and you wish to re-submit later,you will need to resubmit all
required items at that time,including the application fee.
Please note that if,upon review of the submitted information or upon a deficient compliance inspection of the
project,it is determined that a modification to the permit is required to resolve the compliance issues,the transfer
application will be returned as incomplete_ Upon the issuance of the modified permit,and the successful
completion of any work required by the modified permit and/or the restoration of the site to design condition,the
applicant will need to submit an updated transfer application and a new fee to the Division to start the transfer
process over again.
Please remember that the permittee is iesponsible for complying with the terms and conditions of the permit and
the approved plans and specifications until the Division approves the transfer request..
North Caroliva.©epartmerIt of Environmental Quality I D1xlsion of Energy,Mineral and Land Resources
CIE - • Wilmington Regional Office !127 Carrbnai Drive Extension I wilirtircgtor,North Carolina 28405
910.796.7215

State Stormwater Permit No. SW8 050239
Page 3 of 3
Please reference the State assigned permit number on all correspondence. If you have any questions concerning
this matter,please feel free to call me at(910)796-7215 or email me at kelly.p.johnson@a,.nedenr.gov.
Sincerely,
Kelly Johnson
Environmental Engineer
Enclosure: Compliance Inspection Report
DES/kpj: G:\\\Stormwater\Pennits&Projects\2005\050239 HD\2022 12 addinfo CEI addinfo 050239
cc: Ms.Stefanie Hubble,Property Manager;via email: [e-mail]
Mr.Jeff Petroff.PE;via email:jpetrofficldeng.eom
Palmetto Creek POA,Inc.
1630 Military Cutoff Road,Suite 108,Wilmington NC 28403
Ashley Smith,Wilmington Regional Office Permitting Assistant;via email
Wilmington Regional Office Stormwater Permit File
North Cainrnw Department of Envirott ntal Qt aItg i Division of Ewer jy,Mineral and Land Resources
- .:. f�E Wilmington Regional Qtfiee I U7 Cardinal DriveExtension I Wilmington,North Carolina 2 05
910.796.7215

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BB30161 P0413 0n 9 2010e2
Brunswick County, NC Register of Deeds page 1 of 4
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AMENDMENT
TO MASTER DECLARATION OF PROTECTIVE COVENANTS
FOR PALMETTO CREEK
Prepared by: Murchison,Taylor&Gibson,PLLC,16 North Fifth Avenue,Wilmington,NC 28401
STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK
This AMENDMENT TO MASTER DECLARATION OF PRQTECTIVE COVENANTS
FOR PALMETTO CREEK (the "Amendment") is made this dB y of Ti X4'4 ✓
2010,by XDV,INC.,a North Carolina corporation("Declarant").
WITNESSETH:
WHEREAS, the 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 (as heretofore 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 the Protective Covenants provide that all construction
activities on Lots shall be subject to the Design Guidelines, which Design Guidelines shall be
adopted by the Architectural Review Committee(the"ARC")and may be amended by the ARC
subject to the approval of the Board of Directors;and
WHEREAS,that certain Supplemental Declaration 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 authority granted in Section 10.3 of the Protective Covenants,
the ARC,with the approval of the Board of Directors,has amended the Design Guidelines in order
to modify situations and circumstances which have arisen during the course of the development of
the Subdivision and to thereby raise the standards of the Subdivision;and
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 1

01-28-2010
11111111111�11I,I�11lii�i��11111� 83@ of 16 PO4.1,4:25:5 002
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 accordance with its rights under Section 15.3 of the Protective
Covenants,the Declarant does hereby amend the Protective Covenants as follows:
1. A new Section 10.10 is added to the Protective Covenants as follows:
"10.10 Minimum Size of Residence; 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 dwelling that is constructed over a garage will be counted,
unless it is on the same utility hookup as the main dwelling and is a finished part of
the constructed living space. The ARC may authorize in its discretion reasonable
variances of up to ten percent (10%) of'the required minimum square feet when
circumstances such as topography, natural obstructions, hardship, 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 inure to the benefit of each owner thereof.
EXCEPT AS AMENDED HEREIN,the Protective Covenants shall be and remain in full
force and effect.
93945 2

II!0VJI!i}r B isdPO4�5 1 12
s page 3 of 4
XDV,INC.
By: L G/2 V (SEAL)
Robert G.E .,President
STATE OF NORTH CAROLINA
COUNTY OF BiJJ,.J5u011�6C
(county where acknowledgment taken)
I, Z)iiM/e /17. 5TEuJIc r , a Notary Public in and for
B i21Jz/scil ttg County, North Carolina, 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 was signed in its name by its President
WITNESS my hand and official seal this ofelay of qAv/tJtheo. ,2010.
•
•
Notary
My commission expires:
STF�Y
13'4 r
NOTARY
= PUBLIC
X‘stiort(
93945 3

01-29-201i
1IIIIlI1IIIIIIIIIIIIIIIIIIII11111IIIl� P01sd?e4?se 4�nf54
EXHIBIT A
Phase Section Minimum Minimum
# # Lot# Sq.Ft.for 1 Sq.Ft.for 2 Max BUA
story story
_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, 122, 1,800 2,100 6,000
123, 126, 128-
131, 138-146
3-10, 111, 112,
One Two 116-118, 120, 2,000 2,400 6,000
121, 124, 125,
127, 132-137
One Three 1-10, 13-32,35,
38-65 1,450 N/A 3330
One Three 11, 12,33,34,36,
37 1,450 N/A 3,330
One Four 1-11, 14,25-29,
32-68 1,600 2,000 3,500 _
One Four 12, 13, 15-24,30,
31 1,600 2,000 3,500
93945 4

?LVIc
Brunswick County--Register of Deeds clii.,I )
'-a~1 ;0t t'.s Robert J. Robinson
Book 2324Page 11.95
"�ad '9 Inst /313321
.3 s ran_ r end II 01/31/2006 02:53:20pm ReciF cad 0'
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,..,. ___ _._ . it,. .,ft.:-., ...,
far .12
MASTER DECLARATION OF PROTECTIVE COVENANTS
FOR PALMETTO CREEK
Prepared by: Murchison,Taylor&Gibson,PLLC
16 North Fifth Avenue,Wilmington,NC 28401
NORTH CAROLINA
BRUNSWICK COUNTY
THIS MASTER DECLARATION OF PROTECTIVE COVENANTS FOR
PALMETTO CREEK(these"Protective Covenants")is made this 300, 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 reference. These Protective Covenants impose restrictions upon
the Properties (as defined in ARTICLE 1) under a general scheme of development for the mutual
benefit of the owners of each portion of the Properties.
DECLARANT hereby declares that 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 having any right, title or interest in the Properties or any part
thereof,their heirs,successors,and assigns.
ARTICLE 1
DEFINITIONS
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 Architectural Review Committee,as described in ARTICLE 10 herein.
1.2 "Articles of Incorporation" or"Articles": the Articles of Incorporation of Palmetto
Creek POA,Inc., as filed with the North Carolina 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 in Section 1.22), all of whom shall be members of the
Association.
1.4 `Board of Directors" or"Board": whether composed of one or more directors,the
board governing the Association and managing the affairs of the Association.
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I.
Tnst # 313321 Book 2324Page: 3.196
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 By-Laws of Palmetto Creek POA, Inc.,as they may be modified or
amended from time to time. The initial By-Laws 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": all real and personal property which the Association owns or
leases for the common use and enjoyment of the Members, excepting, however, any Recreational
Trails (as defined in Section 1.28 herein) which DECLARANT 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 of maintaining and operating the Common Areas, any
Recreational Trails,conservation and buffer areas,and landscaped areas within road right of ways,as
the Board may find necessary and appropriate pursuant to these Protective Covenants the By-Laws,
and the Articles of Incorporation,including the following:
(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 declared to be Common Expenses by the provisions of these
Protective Covenants or the By-Laws;
(d) Expenses agreed by the 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 include any expenses incurred during the Class"B"Control Period for
initial development, original construction, installation of infrastructure, original capital
improvements,or other original construction costs unless approved by Voting Members representing
a majority of the total Class"A"vote of the Association.
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": XDV, Inc., a North Carolina corporation, together with such
successors or assigns of DECLARANT who should acquire more than one undeveloped Unit from
the DECLARANT for the purpose of development and who are specifically 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 Development Property": any real property within a one(1)mile radius of the
real property described on Exhibit A attached hereto and incorporated herein by reference.
1.14 "Governing Documents": consists 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

Inst R 313321 Book 2324Page: 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.
1.16 "Limited Common Area": portions of the Common Area which the Association or
DECLARANT has designated or designates for the common use and enjoyment of one or more,but
less than all, of the Members (including, without 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 Person entitled to membership in the Association, as provided in
Section 3.2.
1.19 "Mortgage": a mortgage,a deed of 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 Person who gives a Mortgage.
1.22 "Owner":the record Owner,whether one or more persons or entities,of a fee simple
title to any Unit which is a part of the Properties, including contract sellers, but excluding those
having such interest merely as security for the performance of an obligation.
1.23 "Palmetto Creek": the development created or to be created on the Properties.
1.24 "Person": a natural person, a corporation, a partnership or limited partnership, a
limited liability company or partnership,a trustee,association,or any other legal entity.
1.25 "Planned Community Act": the North 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 jurisdiction of the Association by the filing of a Supplemental
Declaration.
1.27 "Protective Covenants": shall mean this instrument as 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 refer to any area designated on a plat of the Properties recorded
by DECLARANT in which DECLARANT shall have the right, in its discretion, to install a
Recreational Trail.
1.29 "Residential Community": the residential 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 Assessment": assessments levied in accordance with Section 9.13 of these
Protective Covenants.
62077.4 3

Inst # 31.3321 Book 2324Page: 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 ARTICLE 8 which subjects additional property to these Protective
Covenants and/or imposes, expressly or by reference, changes to or additional restrictions and
obligations on the land described therein.
1.34 "Unit": a portion of the Properties,whether improved or unimproved,which maybe
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 houses on separately platted lots, and single family residential
lots.
Subject to the terms and conditions of these Protective Covenants,Units may be combined,
further subdivided, and/or recombined, and boundary 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 Units may be improved with a single structure.
1.35 "Village": two or more Units which share interests other than those common to all
Units, as more particularly described in Section 3.4. By way of illustration and not limitation, a
condominium development, townhome development, 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 requires, the term "Village" shall also refer to the Village
Committee, if any, established in accordance with the By-Laws, or the Village Association
established to act on behalf of the Owners of Units within the Village. Village boundaries may be
established and modified as provided in Section 3.4.
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 Declaration": a declaration created in compliance with the Planned
Community Act (or the North Carolina Condominium Act (N.C.G.S. §47C-1-101 et seq.), as the
case may be) and Section 3.4 herein encumbering 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 a reasonable reserve for capital repairs and replacements,as
the Board may specifically authorize and as may be authorized herein or in Supplemental
Declarations applicable to the Villages.
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 Area,and for ingress and egress to and from the Common Area,
which shall be appurtenant to and pass with the title to every Unit, subject to the following
provisions:
(a) The Governing Documents;
62077.4 4

Inst # 313321 Book 2324Page: 1199
(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 improvements thereon,including rules restricting use of the recreational
facilities within the Common Area to occupants of Units and their guests and rules limiting
the number of guests who may use the Common Area;and the right of the Board to establish
penalties for any infractions 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 than a failure to pay any charges or liens due),and(iii)for any
period greater than sixty(60)days in the case of any continuing violation,of the Governing
Documents,after notice and a hearing pursuant to the By-Laws;
(e) The right of the Association,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 real or personal property as security for money borrowed or
debts incurred, subject to the approval requirements set forth herein and the rights of such
Mortgagees in said properties shall be subordinate to the rights of the Unit Owners
hereunder;and
(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 shall be deemed to have assigned all such rights to the lessee of
such Unit for the duration of the lease and any such lessee shall abide by all the restrictions
contained herein. Any such lease shall not release the owner of his liability for damage to the
Common Area caused by said lessee.
ARTICLE 3
ASSOCIATION FUNCTION.MEMBERSHIP AND VOTING RIGHTS
3.1 Function of Association. The Association shall be the entity responsible for
management,maintenance,ownership,operation and control of the Common Area owned or leased
by the Association within the Properties. The Association shall be the primary entity responsible for
enforcement of these Protective Covenants and such reasonable rules regulating use of the Common
Areas owned or leased by the Association and the use of the Property as the Board may adopt. The
Association shall also be responsible for administering 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 Membershiv. Every Owner shall be a Member of the Association. There shall be
only one membership per Unit. If a Unit is owned by more than one Person, 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 voting)may be designated to act in such
capacity for such an Owner at any particular time.
3.3 Voting. The Association shall have two classes of membership,Class"A"and Class
(a) Class"A". Class"A"Members shall be all Owners 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

Inst 1 313321 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" Member, including the right to approve or withhold approval of
actions proposed under these Protective Covenants and the By-Laws, are specified
throughout the Governing Documents. The Class`B"Member may appoint the members of
the Board during the Class`B"Control Period,which period is further defined herein. After
termination of the Class `B"Control Period,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 and three(3)votes for each planned but currently-unplatted
Unit in the Residential Community. The total number of planned Units in the Residential
Community is currently four hundred and eighty(480),although the actual number of Units
may be more or less, and the Class "B" Member makes no representation whatsoever
regarding the actual number of Units to be included in the 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 the DECLARANT owns ten percent (10%)or less of the total
number of the planned Units in the Residential Community, including any of the Future
Development Property which may be annexed thereto,as herein provided,
(ii) on January 1,2042,or
(iii) when, in its discretion,DECLARANT so determines and declares in
an instrument recorded in the public land records.
(c) Exercise of Voting Rights. In any situation in which a Member is entitled
personally to exercise the vote for his or her Unit and there is more than one Owner of a
particular Unit, the vote for such Unit shall be exercised as such Co-Owners determine
among themselves and advise the Secretary of the Association in writing prior to any
meeting. Absent such advice, the Unit's vote 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 Community into distinct Villages to account for varying
standards, restrictions, uses and maintenance issues within the development. In the event
DECLARANT elects to form one or more Villages within the Residential Community,
DECLARANT shall have the right,in its discretion,to assign and/or 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 by these Protective Covenants. If a Village is created, each
Owner of a Unit within such Village shall become a member of the respective Village Association in
addition to being a Member of the Association. During the Class"B" Control Period, no Village
Declaration shall be binding upon or applicable to any of the Properties unless approved in writing
by DECLARANT. The Articles of Incorporation 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 of development, the DECLARANT may unilaterally amend
these Protective Covenants, by Supplemental Declaration, to designate and/or redesignate Village
boundaries;provided,however,two(2)or more Villages shall not be combined without the consent
of Owners of a majority of the Units in the affected Villages.
62077.4 6

Inst # 313321 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 Covenants,shall manage and control the Common Area and all
improvements thereon(as defined in other sections herein including,without limitation,roads,road
rights of way, recreation pathways, decks, docks, boardwalks, lighting, irrigation, furnishings,
equipment,and common landscaped areas)as well as any Recreational 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 and Real Property for Common Use. The Association may
acquire, hold, and dispose of tangible and intangible personal property and real property.
DECLARANT may convey to the Association improved or unimproved real estate located within the
Residential Community,personal property and leasehold and other property interests. Such property
shall be accepted by the Association and thereafter 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 rules governing the use of the Properties, in addition to further
defining or limiting, and, where specifically authorized hereunder, creating exceptions to, those
covenants and restrictions set forth in these Protective Covenants. Such rules shall be binding upon
all Owners,occupants,invitees,lessees,guests and 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 Common Area and/or the Recreational Trails. In addition, the
Association may exercise self-help to cure violations, and may suspend any services it provides to
the Unit of any Owner who is more than 30 days delinquent in paying any assessment or other charge
due to the Association. The Board may seek relief in any court for violations or to abate nuisances.
The Board may assess the reasonable monetary fines 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 North Carolina General Statutes, or reasonably implied from or
reasonably necessary to effectuate any such right or privilege. Except as otherwise specifically
provided in these Protective Covenants, the By-Laws, or the Articles, all rights and powers of the
Association may be exercised by the Board without 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 proceeding,if approved by the Board incumbent at the time of
such settlement) to which he or she may be party by reason of being or having been an officer,
director or committee member. The Association shall, as a Common Expense, maintain adequate
general liability and officers' and directors' liability insurance to 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 Association may,but shall not be obligated to, maintain or support
certain activities within the Properties designed to make the Properties safer than they otherwise
might be. NEITHER THE ASSOCIATION NOR THE DECLARANT(OR ANY SUCCESSOR TO
DECLARANT) SHALL IN ANY WAY BE CONSIDERED INSURERS OR GUARANTORS OF
SECURITY WITHIN THE PROPERTIES. NOR SHALL ANY OF THEM BE HELD LIABLE
62077.4

Inst 1! 31332]. Book 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.
4.9 Powers of the Association Relating to Villages. The Association shall have the
power to veto any action taken or contemplated to be taken by any Village Association which the
Board reasonably determines to be adverse to the 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 maintenance or repairs or aesthetic changes to be effectuated by
the Village Association, and (b) require that a proposed budget include certain items and that
specific expenditures be made, and (c) require the Village Association to ensure its members'
compliance with all Governing Documents.
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 Association.
To cover the Association's administrative expenses in connection with the foregoing and to
discourage failure to comply with the requirements of the Association,the Association shall assess
the Units in such Village for their pro rata share 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 Amenities shall be the sole right and responsibility of the
Association. The management shall be carried out in accordance with the terms and conditions of
these Protective Covenants, the Articles, By-Laws and Rules and Regulations, but they may be
delegated to a manager or a management service.
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 responsible for and assume all duties, obligations, and rights
and privileges of the DECLARANT under such permits, agreements and easements, including all
maintenance responsibility, even if part of the water, sewer, land use, stormwater system or utility
areas covered by the permits,agreements and easements are not located 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.
ARTICLE 5
MAINTENANCE
5.1 Association's Responsibility. The 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 Recreational Trails(if any)and all landscaping and other flora,parks,and
signage for the Residential Community situated upon the Common Area; structures and
improvements situated upon the Common Area or any Recreational Corridor(as specified on
an applicable recorded plat), including any private streets and rights of way and islands
within their streets and cul-de-sacs;bicycle and pedestrian pathways and trails situated upon
the Common Area or any Recreational Corridor; ponds, lakes, drainways, recreation
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Inst It 313321 Book 2324Page: 1203
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 approaches to such secondary entrance plaza in both directions
on or along Old Lennon Road; the gates located at the main entrance and the secondary
entrance; and any other areas designated as Common Area, Limited Common Area, or
Recreational Trails by DECLARANT or the Association from time to time, excepting any
real or personal property for which a Village 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 entity has expressly assumed responsibility;
(c) Common Area or Limited Common Area within any Village which may be
repaired or maintained by the Association in the Association's sole discretion either by
agreement with the Village or because,in the 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 this Section shall not constitute discrimination within a class.
The Association also has the authority to take appropriate legal action to require the
responsible Village to comply with the provisions of these Protective Covenants, the
Articles,By-Laws and Rules and Regulations adopted hereunder;and
(d) any other Common Area designated 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 boardwalk, bridge, deck, pathway or other pedestrian amenity on
property adjacent to or in the vicinity of the Properties for aesthetic, recreational, pedestrian,
conservation or educational purposes (each, an "Adjacent Amenity") and shall request the
Association to accept responsibility for maintenance of such Adjacent Amenity, the Association
shall be required to accept such responsibility and 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 concrete or other materials used to build or surface such trails and
(ii)the trimming or removal of any plants,landscaping, structures or other impediments which may
have been installed by Owners in the areas surrounding the Recreational Trails.
5.2 Owner's Responsibility. Each Owner 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 watercourse or body of water,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 lying between the boundary or lot line of such Unit and the waterline
of such watercourse or body of water (as such waterline may fluctuate from time to time). As to
Units which abut or include a portion of any Recreational 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 of such Recreational Trail, pathway or sidewalk (except as
otherwise provided in these Protective Covenants). Any fencing which is not maintained by the
Association or a Village Association shall be maintained and kept in good condition and repair by
the Owner of the Unit on which such fencing is located (at such Owner's cost and expense). In
addition to any other enforcement rights, if an 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 # 313321 Book 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.
Additionally, with respect to any Unit which has a landscape berm located between the
boundary of such Unit and any platted street within the Properties,it shall be the responsibility of the
Owner of such Unit 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 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 Units. Each Owner shall maintain his or her Unit and all landscaping
and improvements comprising the Unit in a manner consistent with the Community-Wide Standard
and these Protective Covenants,the Articles,the By-Laws,the Rules and Regulations and any other
applicable covenants or Supplemental Declarations, 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 is required by ARTICLE 11 herein or shall fail to keep
improvements constructed thereon in a state of repair so as not to be unsightly,all in the sole opinion
of the Association, the Association in its discretion, by the affirmative vote of a majority of the
members of the Board of Directors,and following ten(10)days written notice to Owner,may enter
upon and make or cause to be made repairs to such 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 which such Unit is subject as provided in ARTICLE 9 herein.
5.4 Village's Responsibility.
(a) Upon Board resolution, the 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 Association having any responsibility for exterior maintenance
of property and/or landscaping within such Village shall perform such maintenance
responsibility in a manner consistent with the Community-Wide Standard. If it fails to do so,
the Association may,but is not required to,perform such responsibilities and assess the costs
against all Units within such Village as provided 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 Performance. Maintenance, as used in this Article, shall include,
without limitation, repair and replacement as needed, as well as other duties, as the Board may
determine necessary or appropriate to satisfy the Community-Wide Standard. All maintenance shall
be performed in a manner consistent with the Community-Wide Standard and all applicable
covenants.
ARTICLE 6
INSURANCE AND CASUALTY LOSSES
As and to the extent provided in the By-Laws of the Association and as required by the
Planned Community Act, the Association shall maintain adequate and appropriate insurance
coverage on all Common Areas and,while they are owned or operated by the DECLARANT or the
Association,the Recreational Trails.
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inst # 313321 Book 2324Pagp; 1205
ARTICLE 7
SUBDIVISION
7.1 Subdivision by DECLARANT. Until January 1, 2042„ DECLARANT shall be
permitted, without the joinder or consent of the Association or any other Owner, to subdivide or
replat any Units owned by DECLARANT and/or any property subject to these Protective Covenants
which is then owned by DECLARANT.
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 Regarding Subdivision. No Unit or Units shall be subdivided
except to enlarge an adjoining Unit,but any Unit so enlarged cannot be improved with more than
one single family dwelling. An Owner of a Unit and a portion or all of an adjoining or contiguous
Unit or Units may construct a dwelling or other structure 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 way that these Protective Covenants initially attached to the
Units. Notwithstanding anything in this Article 7 to the contrary,this Section 7.3 shall not apply to
Units or portions of the Property which are then owned by DECLARANT(provided that this section
shall apply once such Units or portions of the Property are no longer owned by DECLARANT).
ARTICLE 8
ANNEXATION AND WITHDRAWAL OF PROPERTY
8.1 Annexation without Approval of Membership.
(a) Until January 1,2042,DECLARANT may subject any portion(s)or all of the
Future Development Property to the provisions of these Protective Covenants as provided in
this Section 8.1. DECLARANT may transfer or assign this right to annex property,provided
that the transferee or assignee is the developer 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 by DECLARANT under Section 8.1(a)shall be accomplished
by filing a Supplemental Declaration in the land records of Brunswick County, North
Carolina,describing the property to be annexed and specifically subjecting it to the terms of
these Protective Covenants. Such Supplemental Declaration shall not require the consent of
any Members other than DECLARANT,but shall 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 Membership. Except as provided in Section 8.1 herein,annexation of
additional property shall require the assent of two-thirds(%)of the Class"A"Members at a meeting
duly called for this purpose, written notice of which shall be sent to all Members not less than ten
(10)days nor more than sixty(60)days in advance of the meeting. During the Class "B"Control
Period, annexation of additional property under this Section 8.2 shall 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 affiliates, or the Association from the coverage of these
Protective Covenants, to the extent originally included in error or as a result of any changes in the
DECLARANT'S plans for the Properties,provided such withdrawal is not unequivocally contrary to
the overall,uniform scheme of development for the Properties.
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Inst # 313321 Book 2329Page: 3206..
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 shall not render these covenants and restrictions purely personal to
the DECLARANT and the benefits and burdens contained in these Protective Covenants shall
remain mutual and reciprocal to all Owners.
8.5 Amendment. This ARTICLE 8 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
ASSESSMENTS
9.1 Creation of Assessments.
(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 Assessments for Village Expenses benefiting only Units within a
particular Village or Villages(to the extent these are assessed by the Association as opposed
to the applicable Village Association); (3)Special Assessments as described in Section 9.5;
(4) Individual Assessments as described in Section 9.6; and (5) Service Assessments as
described in Section 9.13. Each Owner, 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 Board(not to exceed the highest rate allowed by North Carolina
law),late charges,costs,and reasonable attomey's fees,shall be a charge and continuing lien
upon each Unit against which the assessment is made until paid, as more particularly
provided in Section 9.9. Each such assessment, together with interest, late charges, costs,
and reasonable attorney's fees, also shall be 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 personally liable for unpaid assessments which accrued prior
to such acquisition of title. In the event of any transfer of title to a Unit, the lien of the
assessments shall not be extinguished.
(c) No Owner may exempt himself 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 Obligation for Assessments. During the Class"B"Control Period,
DECLARANT may annually elect either:(1)to pay regular assessments on its unsold Units,(2)to pay
the difference between the amount of assessments collected 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('/)
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 beginning of each fiscal year,the DECLARANT shall be deemed to
have elected to continue paying on the same basis as during the immediately preceding fiscal year.
The DECLARANT's obligation hereunder may be satisfied in the form of cash or by "in kind"
contribution of services or materials,or by a combination of these.
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Inst # 313321 Book 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 required in the Planned Community Act.
9.4 Capital Reserve Budget. The Board shall annually prepare a capital reserve budget
for maintenance and replacement of capital improvements which shall take into account the number
and nature of replaceable assets, the expected life 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 limitation, expenses required to complete repair, maintenance and/or
clean-up which the Board deems necessary or advisable after a storm, hurricane or other casualty
event) or other expenses in excess of those budgeted. The Board may establish the amount of the
Special Assessment if it is ONE HUNDRED DOLLARS($100.00)or less in any assessment year for
each Member. All other Special Assessments shall 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 installments extending beyond the fiscal year in which the Special
Assessment is approved.
9.6 Individual Assessments.
(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 cover the costs, including overhead and administrative costs, of
providing benefits,items,or services to the Unit or occupants thereof upon request of
the Owner pursuant to a menu of special services which the Board may from time to
time authorize to be offered to Owners (which might include, without limitation,
landscape maintenance, handyman 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 maintenance,repair and replacement of any private roads,signs,
mail boxes, fences and berms which are constructed for the benefit of certain
specified lots,as shall be more specifically set forth in a Supplemental Declaration.
(3) to cover costs incurred 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 shall give the Unit Owner prior written notice and an opportunity
for a hearing before levying an Individual Assessment under this subsection(a).
(b) The Association may also levy an Individual Assessment against any Village
to reimburse the Association for costs incurred 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 Working Capital Assessment Upon the conveyance of title to any Unit, the
acquiring Owner shall contribute to the Association as working capital an amount equal to one year's
Master Association assessment. Such funds shall be used for operating and capital expenses of the
Association,such as prepaid insurance,supplies,furnishings and equipment,etc. Amounts paid into
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Inst t 313321 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 provided for herein shall commence on the date of conveyance of
each Unit to an Owner other than DECLARANT. The due 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 Brunswick County. The lien shall also secure payment of any fees,
charges, interest, fines, late charges (subject to the limitations of North Carolina law), and
costs of collection[including,without limitation,those reasonable attorneys fees allowed by
North Carolina law,including but not limited to fees described in N.C.G.S. §47F-3-116(e)],
and other charges imposed pursuant to 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 Association may record notice of the claim of lien in the Office of the
Clerk of Superior Court of Brunswick County or file a suit to collect such delinquent
assessments and charges. The Association may file Notice of Lis Pendens,bring an action of
law against the Owner personally obligated to pay the same and/or bring an action to
foreclose the lien against the property, or 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 are not paid when due shall be delinquent. If the assessment or
any portion thereof is not paid within thirty(30)days after the due date,the same shall bear interest
from the date of delinquency at a rate not to exceed the maximum legal rate allowed in the State of
North Carolina per annum and in addition, a late fee shall be assessed in such amount as may be
determined by the Board of Directors. The Association 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 assessment. The Association may bid for the Unit at the foreclosure
sale and acquire,hold, lease,mortgage,and convey the Unit. The sale or transfer of any Unit shall
not affect the assessment lien or relieve such Unit from the lien for any subsequent assessments.
9.11 Failure to Assess. Failure of the Board to fix assessment amounts or rates or to
deliver or mail each Owner an assessment notice shall 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 collections.
9.12 Exempt Property. The following property shall be exempt from payment of Master
Association Assessments, Service Assessments and Special Assessments:
(a) all Common Area;
(b) any property dedicated to and accepted by any governmental authority or
public utility;
(c) any property held by a conservation trust or similar nonprofit entity as a
conservation easement, except to the extent that any such easement lies within the
boundaries of a Unit which is subject to assessment hereunder(in which case the Unit shall
not be exempted from assessment);
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Inst # 313321 Book 2324Page: 1209
(d) any Unit which is not approved by any governmental agency for residential
use;and
(e) any Unit or property owned of record by the DECLARANT,its successors or
assigns,except as otherwise provided in Section 9.2.
9.13 Service Assessments. The Board shall have the power to levy Service Assessments
against a particular Unit or Units constituting less than all Units(and/or against a particular Village
or Villages constituting less than all Villages) within 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 deemed to impose any obligation upon the Association to (i)
monitor the quality of work or services being provided,(ii)assume any responsibility for the quality
of work or services provided,(iii)ensure the structural integrity or soundness of any construction or
modifications provided or (iv) ensure compliance with building codes and other governmental
requirements relating to the work or services provided.
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 applied to reserves or other future expenses as the Board deems
appropriate.
ARTICLE 10
DESIGN GUIDELINES
10.1 General.
(a) No structures or buildings shall be erected or maintained upon any Unit or the
Properties, no improvements or construction (which terms shall include within their
definitions: clearing, grading, excavation, landscaping, and other site work) shall be
commenced,erected,or maintained upon any Unit or the Properties,and no exterior addition
to or change or alteration therein(including,without limitation,any change of color)shall be
made upon any Unit or the Properties,except 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 provisions of this ARTICLE 10,the terms,"structures,""buildings"
and"improvements" shall include, but not be limited to any dwelling, garage, fence, wall,
sidewalk, hedge, mass planting, change in grade or slope, drainage pipe, drainage canal,
ditch, swale, catch basin, swimming pool, tree house, playhouse, sign, flag pole, exterior
illumination, monument or marker, outdoor 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 approval shall be required to repaint the exterior of a structure in
accordance with the originally approved color scheme or to rebuild in accordance with
originally approved plans and specifications.
(c) This ARTICLE 10 shall not apply 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 annexation to these Protective Covenants.
10.2 Architectural Review.
(a) Responsibility for administration of the Design Guidelines,as defined below,
and review of all applications for construction and modifications under this Article shall be
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Inst # 313321 Book 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 such fees to be paid in full and paid prior to review.
(b) Architectural Review Committee(herein"ARC). The ARC shall consist of
at least three, but not more than five,persons and shall have exclusive jurisdiction over all
structures, buildings, improvements, and 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 DECLARANTS 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 Procedures. The DECLARANT shall prepare the initial Design
Guidelines and application and review procedures(the"Design Guidelines")which shall apply to all
construction activities within the Properties. The Design Guidelines may contain general provisions
applicable to all of the Properties,as well as specific 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 and all such Persons shall conduct their activities in accordance
with such Design Guidelines.
10.4 Submission of Plans and Specifications.
(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, lighting, irrigation, utility facilities layout, screening, and any other
supporting documents, as may be required by the ARC, shall have been submitted to and
approved in writing by the ARC. The Design Guidelines shall set forth the procedure for
submission of the Plans. A reasonable fee for the review of said plans shall be required and
submitted, along with said Plans and any other 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.
(b) In reviewing each submission, the ARC may consider visual aesthetics,
natural platforms and finish grade elevations,harmony of external design with surrounding
structures and environment, and location in the relation to surrounding structures and plant
life. The ARC may require relocation of 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 Association shall have the right to refuse to approve any plans and
specifications or grading plans which are not suitable or desirable, in its sole discretion, for
aesthetic or any other reasons. In so approving such plans,specifications and grading plans,
the Association shall consider the suitability of the proposed building, improvements,
structure,or landscaping and the materials of 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,specifications and grading plans showing the nature,kind,shape
and location of work to be done shall have been submitted to and approved in writing by the
Association and a copy thereof,as finally approved,filed permanently with the Association.
(e) Upon receipt of a submission 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

Inst # 313321 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 after receipt of same, although matters not within the reasonable
control of the ARC may prevent this from occurring in certain cases. In the event the ARC
fails to advise the submitting party by written notice within 60 days of either the approval or
disapproval of the Plans, approval shall be deemed to have been given. Notice shall be
deemed to have been given at the time 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 construction does not commence on a project for which Plans have been
approved within nine (9) months of such approval, such approval shall be deemed
withdrawn,and it shall be necessary for the Owner to resubmit the Plans for reconsideration.
(g) Once construction has been 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 preceding sentence, then DECLARANT,the Board and/or the
Association(as the case may be)shall be entitled to collect from such Owner,in addition to a
reimbursement of all costs expended in the completion of construction of the Unit, an
administrative fee for such work, which fee shall be equal to twenty percent(20%) of the
costs incurred by such party in completing 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 same manner as provided in North Carolina for the foreclosure of
deeds of trust, or both,and,in either event, interest, costs and reasonable attomey's fees of
any such action shall be added to the amount payable to DECLARANT,the Board and/or the
Association.
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 waiver of the right to withhold approval as to any similar
proposals, plans and specifications, drawings, or other matters subsequently or additionally
submitted for approval.
10.6 Variance. The ARC may authorize in its discretion reasonable variances or
adjustments from compliance with any of its guidelines 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 the spirit or the intent of this document to create a subdivision
of Units owned in fee by various persons with each such Owner having an easement upon areas
owned by the Association.
10.7 Limitation of Liability. The ARC shall 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 of construction, defects in any plans or specifications, or
deficiencies in kind or quality of materials used,or for compliance or non-compliance with building
codes and other governmental requirements.
62077A
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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 shall, at their own cost and expense, remove such structure or
improvement and restore the land to substantially the same condition as existed prior to the
nonconforming work. Should an Owner fail to remove and restore as required, then
DECLARANT,the Board and the Association shall each have the right to enter the property,
remove the violation, and restore the property 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 the case may be) shall be entitled to collect from the relevant
Owner, in addition to a reimbursement of all costs expended in the removal of the violation
and/or the restoration of the property,an administrative fee for such work,which fee shall be
equal to twenty percent(20%)of the costs incurred by such 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 exercising the rights granted by this paragraph.
(c) The Association shall have the authority to establish fines for violations of
this Article and the Design Guidelines, including fines for continuing violations. The fine
amounts may be deducted from any bond posted. 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 equitable remedies available to enforce the provisions of this
Article and the decisions of the ARC.
10.9 Architectural Change Committee. At the discretion of the DECLARANT or after the
expiration of the Class `B" Control Period, either the DECLARANT or the Association shall have
the option,but not the obligation,to establish an Architectural 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 and may be removed in the Board's discretion. Additionally,
during the Class `B"Control Period,the DECLARANT shall have the right to remove and replace
any member of the Architectural Change Committee.
ARTICLE 11
USE GUIDELINES AND RESTRICTIONS
11.1 Plan of Development;Applicability;Effect.
(a) DECLARANT has created the Residential Community as a residential and
recreational development and,in furtherance of its and every other Owner's interest,has established
a general plan of development for the Residential Community. Accordingly, the Properties are
subject to the affirmative and negative covenants, easements, and restrictions governing land use,
individual conduct,and uses of or actions upon the 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,lessees,guests and invitees of any Unit. Any lease on any Unit shall provide
that the lessee and all occupants of the leased Unit shall be bound by the terms of these Protective
Covenants,the By-Laws,and the rules of the Association;provided however,that the lack of such a
lease provision shall not waive these Protective Covenants, the By-Laws, and the rules of the
Association in any way.
62077.4 I 13

Dist II 313321 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'Acknowledgment.
(a) All Owners and all the Properties are subject to the Use Guidelines and
Restrictions and are given notice that(a)their ability to use their privately owned property is
limited thereby, and (b)the Board may add, 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 marketability of his or her property can be affected by these provisions,
and that the Use Guidelines and Restrictions and rules may change from time to time; and
each Owner agrees to be bound thereby
11.4 Rights of Owners. Except as may 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 the health or safety of occupants of other Units, that generate
excessive noise or traffic,that create unsightly conditions visible outside the Unit,that significantly
block the normal views from other Units,or that create an unreasonable 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 or sales offices for the DECLARANT or the Association, and
certain recreational uses ancillary to home ownership or as permitted in the Common Areas),
except as otherwise provided herein. No commercial use shall be permitted on any Unit
except in accordance with Section 11.5(m)and Section 11.5(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 off Owner's Unit and droppings must be immediately removed.
Fines assessed by the Association shall become an Individual Assessment in accordance with
ARTICLE 9. All parties are hereby notified that,in the event any dog kept or maintained on
a Unit or in any dwelling on the Properties barks excessively, continuously or in a manner
that constitutes a nuisance,the Board may require 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 equipment shall be erected or located on any Unit
(d) Offensive and Illegal Activities. No immoral, improper,illegal,noxious or
offensive activity shall be carried on upon 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 Properties by the Owners thereof. All laws, orders, rules, regulations,
ordinances or requirements of any government agency having jurisdiction thereof,relating to
any Person or the Property,shall be complied with,by or at the sole expense of the Owner or
of the Association, whichever shall have the obligation and/or right to maintain or repair
such portion of the Property.
62077.4 19

Inst $ 313321 Book 2324Paqe: 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 street or on any Unit unless it is stored in an enclosed garage and in
such a manner as to not be visible to the Owners of other Units or the users of a street or
recreation area. All tools or other materials stored in vehicles for overnight parking shall be
kept out of sight. No vehicle or equipment which is unsightly in appearance as determined by
the Board of Directors shall be allowed on the 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 and the Unit restored to a sightly condition with reasonable
promptness,provided,however,that in no event shall such debris remain on such Unit longer
than three(3)months. If a replacement Unit is to be constructed,the replacement Unit must
be approved by the ARC in accordance with ARTICLE 10.
(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 ARC shall approve all signs prior to installation and may impose
size limits. No advertising signs or billboards or other advertising structure(s) of any kind
shall be erected on any Unit or displayed to the public on any Unit subject to these
restrictions without prior written approval of the ARC. This covenant shall not apply to
signs erected by the DECLARANT, including 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 appearance of such signs and may even prohibit such signs
altogether).
(i) Hunting and Fishing. No hunting or discharge of firearms within the
subdivision is permitted. The Association,through 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.
(j) Garbage. Garbage and trash shall be disposed by Owners in accordance with
the rules and regulations of the Association.
(k) Antennas. No outside antennas 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.
(1) Well Installation. The Owners of single-family residential Units shall be
allowed to install one single well per Unit for the purpose of irrigating the land comprising
the Unit. This right shall be subject to the DECLARANT'S reservation of rights in all
surface and sub-surface water in the Properties herein. All wells and pumps permitted under
these Protective Covenants must be located so as not to be visible from any street or
recreational area or Common Area and must 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 Activities. The following activities are prohibited within the
Properties unless expressly authorized by the Board subject to any conditions imposed by the
Board:
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Inst # 313321 Book 2324Page: 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 Business or Trade,except that an Owner or occupant residing in
a Unit may conduct business activities within the Unit so long as: (a)the existence
or operation of the activity is not apparent or detectable by sight, sound, or smell
from outside the Unit; (b)the activity does not involve regular visitation of the Unit
by clients, employees, agents, customers, 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 maybe determined in the sole discretion
of the Board.
(iii) Nothing shall be kept and no activity shall be carried on,by a Person
other than DECLARANT or the Association,in any building,structure or home or on
the Common Area which will increase 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, or the contents thereof,or which will be in violation of any
law, ordinance, or regulation. No waste shall be committed on any portion of the
Common Area,any Recreational Trails or any Recreational Corridor.
(n) Property Damage. Owners 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 be an Individual Assessment against the Owner and his Unit(s)
and may be enforced in accordance with the provisions of ARTICLE 9 herein.
(o) Junk Vehicles. No stripped, partially wrecked,junk motor vehicle, or part
thereof, or any motor vehicle not displaying 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 screening shall be approved by the ARC. No fuel tanks or similar
storage receptacles may be exposed to view. The placement of any such receptacles may be
approved by the ARC or DECLARANT and may only be located within the main dwelling
house,within an accessory building,within a screened area,or 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 within thirty(30)days of loss or damage.
(r) Outdoor Objects. No outdoor statuary,flags or other decorative objects may
be placed on any Unit unless it is in compliance with the Governing Documents, including
the Design Guidelines. The American Flag 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 Common Area. No person shall undertake,cause,or allow any
alteration or construction in or upon any portion of the Common Area except at the direction
of and with the express written consent of the ARC. Notwithstanding anything herein to the
contrary, in no event shall any berms or other screening within any Common Area be
622077.4
21

Inst N 31332]. Book 2324Page: 1.216
•
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 intended and reasonably suited and which are incident to the use
and occupancy of the homes,subject to any Rules or Regulations that may be adopted by the
Association hereunder or pursuant to its By-Laws.
(u) License to Use Recreational 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 of the Recreational Trails,and each Owner's rights under the
Trail License shall be subject and subordinate to such rules and regulations. DECLARANT,
on behalf of itself and the Association,reserves the right to revoke the Trail License with
respect to any Recreational Trails or any portions thereof at any time(it being understood
and agreed that Recreational Trails may 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 the Recreational Trail so removed or closed, and no written or
other further notice shall be necessary. Upon the expiration or termination of the Trail
License with respect to any Recreational Trails, the rights of the Owners to use such
Recreational Trails shall immediately terminate. As and to the extent provided in Section
5.1, the Association shall be responsible 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 herein to the contrary,no Owner shall be entitled to erect any
fence or any other structure within any Recreational Corridor. Subject to the approval of
the ARC, an Owner shall be entitled to install landscaping and irrigation facilities within
any portion of a Recreational Corridor lying within the boundaries of such Owner's Unit,
but only to the extent such landscaping and/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 DECLARANT shall not be deemed to impose any obligation upon
DECLARANT or the Association to install or maintain a Recreational Trail in that area.
(v) Storage of Personal Pronerty. All lawn mowers, bicycles, toys, grills and
other similar objects must be stored when not 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 yards or areas, carports, electrical meters,water meters, and
gas meters are to be screened from view from streets and adjacent properties by an enclosure,
fence,wall or natural landscape materials.
(x) Road Use. The roads are to be used by vehicles or pedestrians for the
purposes of transportation. The use of any 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 to those rules in Section 11.5(e). The Association is entitled to
adopt reasonable rules and regulations regarding the supervision, maintenance, control,
regulation and use of the roads and promenades, and to enforce the same in any lawful
manner which may include, but not be limited to, the imposition of fines for violations
thereof,which fines shall be Individual Assessments and may be enforced in accordance with
the provisions of ARTICLE 9.
62077.4 22

Inst 11 313321 Book 2329Page: 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 maintained by DECLARANT or its assigns; and DECLARANT
shall be specifically authorized to rent or lease any Unit which it owns or manages for other
Owners,and to maintain model Units or sales offices in any Unit which it owns or leases.
(z) Boats. Except as otherwise 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 approval of the DECLARANT). The approval of the Board and/or
DECLARANT may be granted or withheld in such parry's sole and absolute discretion. The
use of gas motors will not be allowed; provided, however, electric trolling motors may be
used on permitted watercraft. All boats and/or watercraft used or stored within Palmetto
Creek must be kept in excellent condition 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 within forty-eight (48) hours (or upon such other timeline that
may be imposed by the Board or DECLARANT). In the event such owner does not comply
with such directive, DECLARANT or Board may cause such boat or watercraft to be
removed from Palmetto Creek,in which case the full cost of such removal and any storage of
such craft shall be the sole responsibility 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 Pathways. Recreational pathways within the Residential
Community (including, but not limited to, any Recreational Trails) may be used only by
bikes,pedestrians, and pedestrian moving devices which are quiet and otherwise satisfy the
requirements of this section. "Pedestrian moving devices" used within the Residential
Community shall not exceed the size of 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 moving devices upon wooden structures within the Residential
Community do so at their own risk; DECLARANT makes no representation of the weight
limitations of any such wooden structure and assumes no liability for the operation of any
vehicle or device upon such structures. 3
�`au�
11.6 Stormwater Run Off Rules. All Units shall be subject to the State of North Carolina •'2
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 issued by the State of North Carolina. Such additional restrictions j�64�.
may be imposed by DECLARANT by the recording of a Supplemental Declaration,and no joinder �d-
or consent of the Association or any other Owner or Person shall be required on such Supplemental
Declaration. These regulations currently provide: JcAkt
(a) The following covenants are intended to ensure ongoing compliance with \I7 11? #41 t7
State Stormwater Management Permit number SW8 050239, as issued by the Division of '\J `
Water Quality under MCAC WH.1000. ��
(b) The State of North Carolina is made a beneficiary of these covenants to the �y 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.
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Inst i4 313321 Book 2324Paqe: 121.8
(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) For those lots within "Section Two" of Palmetto Creek (including, without
limitation, those Units described on the plat referenced on Exhibit A attached hereto), the
maximum built-upon area per Unit is as follows: p,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, but does not include raised, open wood decking, or the water
surface of swimming pools.
Subject to the terms and conditions of the applicable stormwater permit(s)for such areas as
issued by the State of North Carolina, DECLARANT 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
12.1 Easements for Utilities. There are hereby reserved unto DECLARANT(so long as
the DECLARANT owns any property described on 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 security and similar systems, roads, walkways, bicycle pathways,
recreation pathways, trails, ponds, lakes, wetlands, drainage systems, street lights, signage, and all
utilities, including, but not limited to, water, sewer, meter boxes, telephone, garbage pickup, and
electricity,irrigation and for the purpose of installing any of the foregoing on property which it owns
or within easements designated for such purposes in 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 Utility Installation.
(a) All of the Property,including Units and Common Area, shall be subject to a
perpetual non-exclusive easement for water lines, sanitary sewers, storm drainage facilities,
telephone and electric power lines,television 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 and rights of way over and upon the rear, front and side ten(10)
feet of each Unit for drainage and the installation and maintenance of utilities and services,
including, without limitation, water, sewer, drainage and stormwater runoff facilities, are
reserved to DECLARANT and its successors and assigns for such purposes as
DECLARANT may deem incident and appropriate 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 thereon which may damage or interfere with the installation or
maintenance of utilities or other services,or which may retard,obstruct or reverse the flow of
water or which may damage or interfere with established slope ratios or create erosion
problems. Improvements within such areas also shall be maintained by the respective Owner
except those for which a public authority or utility company is responsible. These easements
and rights expressly include the right to cut any trees, bushes or shrubbery, make any
62077.4 24

Inst 1 313321 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 DECLARANT reserves a perpetual, non-exclusive easement for the
installation, maintenance and repair of water, sewer, drainage and all other utilities within
the right of way of all roads and streets and other areas as shown on the recorded plats of the
Property which easement may be exercised by DECLARANT or any public or private entity
charged with the responsibility of maintenance 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 effect on the use,enjoyment or value of any Unit.
12.3 Easements to Serve Additional Property. The DECLARANT hereby reserves for
itself and its duly authorized agents,representatives, employees, successors,assigns,licensees,and
mortgagees, an easement over the Common Area 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 Cross-Drainage.
(a) Every Unit and the Common Area shall be burdened with easements for
drainage of water runoff from other portions 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 are burdened with a permanent easement for the benefit of
the DECLARANT and its successors and assigns,for the stormwater runoff and drainage
facilities located on the Properties,including,without limitation,any stormwater retention
ponds or ditches. This easement includes the right to drill, install, locate, maintain and
use pipes,conduits and pumps running to 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 to it such further easements as are requisite for the convenient
use and enjoyment of the property.
12.6 Easement for Entry. The Association shall have the right,but not the obligation,to
enter upon any Unit for emergency,security,and safety 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 duties. Except in an emergency situation,entry shall only be
during reasonable hours and after notice to the Owner. This right of entry shall include the right of
the Association to enter upon any Unit to cure any fire or other hazard in the event an Owner fails or
refuses to cure the condition within a reasonable time after request by the Board, but shall not
authorize entry into any single family detached dwelling 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 placed or permitted to remain which may damage or interfere with
the installation and maintenance of utilities, sewer or drainage facilities, or which may change the
direction of flow of drainage channels in the easements. The easement area of each Unit and all
improvements in it shall be maintained continuously by the owner of the Unit, except for those
improvements for which a public authority or utility company is responsible.
:2077A
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Inst N 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 lakes,ponds,waterways,basins,water table,wells,water dependant
structures and other bodies of water located in,on or under the Properties for the purpose of
irrigating any portion of the Properties, and (2) to drill, install, locate, maintain and use
wells,pumping stations,water towers,filtration basins and tanks and related water facilities
and systems within the Common Areas 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 Property is hereby burdened with a permanent, exclusive easement in
favor of the DECLARANT and its successors and assigns, for overspray and/or surface or
sub-surface flow of water from any irrigation system serving the Properties. Under no
circumstances shall the DECLARANT or 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 any of the roads and sidewalks located or to be located within the
Properties, as shown on any recorded plats of the Property, for the purpose of providing vehicular
and pedestrian access to and from the Properties. Notwithstanding the foregoing, DECLARANT
shall be entitled to restrict access on certain roads and sidewalks in DECLARANT's discretion,and
certain Villages may have restricted access and other 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-exclusive easement for the use and enjoyment of any bicycle
paths, pedestrian paths, or nature preserve trails, if any, which may be established by the
DECLARANT or the Association within the Common Area from time to time. Notwithstanding the
foregoing,DECLARANT shall be entitled to restrict access to the aforementioned improvements and
amenities in DECLARANT's discretion, and certain 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 Unit within the Properties, as an appurtenance to such Unit,shall
have a perpetual, non-exclusive easement over and upon the Common Areas within the Properties
for each and every purpose or use to which such Common Areas were intended as determined by
their type, or for which such Common Areas generally 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 easement is hereby established in favor of DECLARANT over all
Common Areas for access to adjacent properties for the purposes of future development and the
installation of streets and public utilities.
12.12 Easements for Adjacent Property 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 parties reasonable easements of access over and across the streets,
sidewalks, Recreational Trails and Common Areas on the Properties as and to the extent necessary
or appropriate for the full use and enjoyment of such dedications or easements.
12.13 Easements Run with the Land. 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 i 313321 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 any part or portion thereof,regardless of whether or not reference
to said easement is made in the respective deeds of conveyance,or in any Mortgage or deed of trust
or other evidence of obligation,to the easements and rights described in these Protective Covenants.
ARTICLE 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 Mortgagee to Respond. Any Mortgagee who receives a written request
from the Board to respond to or consent to any action shall be deemed to have approved such action
if the Association does not receive a written response within thirty(30)days of the mailing of such
request, provided such request is delivered to the Mortgagee by certified or registered mail,return
receipt requested.
ARTICLE 14
DECLARANT'S RIGHTS
14.1 Transfer of DECLARANT'S Rights. Any or all of the special rights and obligations
of the DECLARANT set forth in these Protective Covenants or the By-Laws may be transferred to
other Persons, provided that the transfer shall not reduce an obligation nor enlarge a right beyond
that contained in these Protective Covenants or the 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 DECLARANT and Authorized Builders. Notwithstanding anything in
these Protective Covenants to the contrary, so long as sales of Units by the DECLARANT shall
continue,the DECLARANT,and builders authorized by DECLARANT,may maintain and carry on
such facilities and activities as, in the sole opinion of the DECLARANT, may be reasonably
required, convenient, or incidental to the construction or sale of such Units, including, but not
limited to,the construction and use of sales and business 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 rights reserved by DECLARANT in these Protective Covenants
(including, without limitation, the right to annex property under ARTICLE 8 herein) include the
right to change,alter or designate Unit(s),roads,utility and drainage facilities and easements,and to
change,alter or redesignate such other present and proposed amenities or facilities as may in the sole
judgment of the DECLARANT, be necessary or desirable. The rights reserved in this Section
specifically include the right of DECLARANT to redesignate, change, or alter any platted Unit(s)
into road(s).
ARTICLE 15
DURATION.AMENDMENT AND TERMINATION
15.1 Units. Persons and Entities Subject to the Protective Covenants. All present and
future Owners,tenants,and occupants of Units and their guests or invitees,licensees,employees or
agents, shall be subject to, and shall comply 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 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 conditions of said Protective Covenants.
15.2 Duration and Termination. The covenants, conditions, restrictions, and affirmative
obligations of these Protective Covenants shall inure to the benefit of and be enforceable by the
DECLARANT, the Association, or the Owner of any Unit, their respective legal representatives,
heirs,successors and assigns,for a term of forty(40)years from the date these Protective Covenants
620774
27

Inst # 31.3321. Book 2324Page: 1222
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 and affirmative obligations of these Protective Covenants shall run
with and bind the land and shall bind any person having at any time any interest or estate in any of
the Properties as though such provision were made a part of each and 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 situations or circumstances which may arise during the course of
development. Thereafter,these Protective Covenants may be amended by vote of not less than sixty-
seven percent (67%) of the Class "A" Members, and an instrument must be recorded at the
Brunswick County Registry for such an amendment to be effective. In addition,the DECLARANT
may amend these Protective Covenants to annex additional 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 remove, revoke, or modify any benefit, right or privilege of the
DECLARANT hereunder without the written consent of the DECLARANT or the assignee of such
right or privilege.
15.4 Stormwater Restrictions. Notwithstanding 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 THESE PROTECTIVE COVENANTS,THE ARTICLES
THE BYLAWS AND THE RULES AND REGULATIONS OF THE ASSOCIATION
In the case of failure of an Owner to comply with the terms and provisions contained in these
Protective Covenants, the Articles, the By-Laws 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 restrictions of these Protective Covenants and the Articles,By-Laws
and Rules and Regulations of the Association and any and all laws hereinafter imposed pursuant to
the terms of these Protective Covenants. The prevailing party shall be entitled to collect all costs
thereof, including reasonable attomey's fees (which shall be determined 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 Suspension of Rights. For any violation by an Owner,including,but not limited to,
the nonpayment of any general,special or individual assessment,the Association shall have the right
to suspend the offending Owner's voting rights and the use by such Owner, his agents, lessees,
employees,licensees and invitees of the Common 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 fine shall be an Individual Assessment against the property and
maybe enforced by the Association in accordance with ARTICLE 9 herein and with applicable law.
16.5 Remedies Cumulative. The remedies provided by this Article are cumulative, and
are in addition to any other remedies provided by law.
62077.4 28

Inst # 313321 Book 2324Page: 1223
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
GENERAL PROVISIONS
17.1 Common Area and Amenities. All of the Common Area and any other park,
recreation area,recreation facility,dedicated access 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 the event of any irreconcilable conflict between these Protective
Covenants and the By-Laws or Articles of the Association, the 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.
17.4 Captions. The captions preceding the various Articles of these Protective Covenants
are for the convenience of reference only, and shall not be used as an aid in interpretation or
construction of these Protective Covenants. As used herein, the singular includes the plural and
where there is more than one Owner of a Unit,said 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 "Palmetto Creek". No Person shall use the words "Palmetto
Creek", "Palmetto Creek of the Carolinas", any derivative or any other term which DECLARANT
may select as the name of the development or any component thereof in any printed or promotional
material without the DECLARANT's or the licensee's prior written 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 inconsistent with the terms of the Planned Community Act and such
provision of these Protective Covenants cannot reasonably be reconciled with the Planned
Community Act,the terms of the Planned Community Act shall be controlling with regard to such
term.
[NEXT PAGE IS SIGNATURE PAGE]
62077.4 29

Inst if 31.332]. Book 2324Page: 1224
IN TESTIMONY WIIEREOF,the DECLARANT has caused this instrument to be executed
in its corporate name as of the date first above written.
XDV,INC.
BY:
Presid
NORTH CAROLINA
\.pii30l5622e-COUNTY
I, c5.pt tcR kAA Lot log , a Notary Public of the State and County
aforesaid, certify that e ('. � personally came before me
this day and acknowledged that he is s,b„0-0CDV, 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 seal this 3 a day of� � � ,2006.
Notary Public
My commission expires:
0
8
HA/Q
:*
co 0
v•
yANO'Ea-
62077.4 30

Inst ik 313321 Book 2324Page: 1225
EXHIBIT A
BEING ALL the property described as"Palmetto Creek of the Carolinas Section Two,"as shown on
map thereof and titled there as recorded in Map Cabinet 34,Page 235-245 of the Brunswick County
Registry. Reference to said map is hereby made for a more particular description.
62077.4
31

EXHIBIT B Inst Y 313321 Book 2324Page: /226
Initial By-Laws of the Ass`
BY-LAWS
OF
PALMETTO CREEK POA,INC.
Article I Name,Principal Office,and Definitions
1.1 Name.
The name of the corporation is Palmetto Creek POA,Inc.(the"Association").
1.2 Principal Office.
The principal office of the Association shall 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.
The words used in these By-Laws shall be given their normal, commonly understood
definitions. Capitalized terms shall have the same meaning as set forth in that certain recorded
Master Declaration of Protective Covenants for Palmetto Creek(as amended from time to time,the
"Declaration"),unless the context indicates otherwise.
Article II Membership:Meetings,Quorum,Voting,Proxies
2.1 Membership.
Every Owner shall be a Member of the Association. There shall be only one membership per
Unit. If a Unit is owned by more than one Person, 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 voting)may be designated to act in such capacity for such an
Owner at any particular time.
The Association shall have two classes of membership, Class "A" and Class `B", as more
fully set forth in the Declaration. The provisions of the Declaration pertaining to membership are
incorporated by this reference.
2.2 Place of Meetings.
Meetings of the Association shall be held at the principal office of the Association or at
such other suitable place convenient to the Members as the Board may designate.
2.3 Annual Meetings.
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.
2.4 Special Meetings.
The President may call special meetings. In 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

Inst # 313321 Book 2324Page: 1227
petition signed by Members representing at least 10% of the total Class "A" votes of the
Association.
2.5 Notice of Meetings.
Written or printed notice stating the place,day,and hour of any meeting of the Members
shall be delivered, either personally or by mail,to each Member entitled to vote at such meeting,
not less than 10 nor more than 60 days before the date of such meeting,by or at the direction of
the President or the Secretary or the officers or persons calling the meeting.
hi 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 meeting except as stated in the notice.
If mailed,the notice shall be deemed to be delivered when deposited in the United States
mail addressed to the Member at his address as it appears on the 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 writing,notice of any meeting of the Members,either before
or after such meeting. Attendance at a meeting by a Member shall be deemed waiver by such
Member of notice of the time,date,and place thereof,unless such Member specifically objects to
lack of proper notice at the time the meeting is called to order. Attendance 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 Association cannot be held because a quorum is not present, a
majority of the Members who are present at such meeting may adjourn the meeting to a time not
less than five(5)nor more than thirty(30) days from the time the original meeting was called.
At the reconvened meeting,if a quorum is present, 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 (Vz) of the quorum requirement
applicable at the meeting adjourned due to lack of a quorum.
If a time and place for reconvening the meeting is not fixed by those in attendance at the
original meeting or if for any reason a new date is fixed for reconvening the meeting after
adjournment,notice of the time and place for reconvening 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 that any action taken is approved by at least a majority of
the votes required to constitute a quorum.
2.8 Voting.
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 person or by proxy,subject to the limitations of North Carolina law
relating to use of general proxies and subject to any specific provision to the contrary in the
Declaration or these By-Laws.
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Inst # 313321 Book 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 in the event of any conflict between two or more proxies
purporting to cover the same voting rights,the later dated proxy shall prevail,or if dated as of the
same date,both shall be deemed invalid.
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.
2.10 Majority.
As used in these By-Laws,the term"majority"shall mean those votes, Owners, or other
group as the context may indicate totaling more than 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 representing a majority of the total Class "A" votes in the
Association shall constitute a quorum at all Association meetings.
2.12 Conduct of Meetings.
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 Meeting.
Any action required or permitted by law to be taken at a meeting of the Members maybe
taken without a meeting,without prior notice and 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 Association. Such consents shall be filed with the minutes of the
Association and shall have the same force and effect as a vote of the Members at a meeting.
Within 10 days after receiving authorization for any action by written consent,the Secretary shall
give written notice to all Members entitled to vote who did not give their written consent,fairly
summarizing the material features of the authorized action.
Article III Board of Directors:Selection,Meetings,Powers
A. Composition and Selection.
3.1 Governing Body;Composition.
The affairs of the Association shall be governed by a Board of Directors, each of whom
shall have one (1) vote. Except with respect to directors 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 serve as a director unless otherwise specified by written notice
to the Association signed by such Member;provided,no Member may have more than one such
representative on the Board at a time,except in the case of directors appointed by the Class`B"
Member.
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3.2 Number of Directors. Inst it 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 consist of one (1) director as identified in the Articles of
Incorporation.
3.3 Directors During Class`B"Control 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 Election Procedures.
Prior to each election of directors, the Board shall prescribe the opening date and the
closing date of a reasonable filing period in which each and every eligible person who has a
bona-fide interest in serving as a director may file 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 directors selected by the Class "B" Member, nominations for
election to the Board may also be made by a Nominating Committee. The Nominating
Committee, if any,shall consist of a Chairman,who shall be a member of the Board, and three
(3)or more Members. Members of the Nominating 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 may make as many nominations for election to the Board as
it shall in its discretion determine. In making its nominations,the Nominating Committee shall
use reasonable efforts to nominate candidates representing the diversity 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 Office.
Except as these By-Laws may otherwise specifically provide, election of directors shall
take place at the Association's annual meeting.Notwithstanding any 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"Member earlier determines,the Board shall be increased to
three (3) directors. The President shall call for an election by which the Class "A" Members
shall be entitled to elect one (1) of the three (3) directors. The remaining directors shall be
appointees of the Class"B"Member. The director elected by the Members under this subsection
(a) shall not be subject to removal by the Class"B"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.
(b) Within thirty (30) days after the time that Class "A" Members other than
"authorized builders" own 50% 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"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
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Inst 1 313321 Book 2324Page: 1230
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 a term of two(2)years or until the happening of the event
described in subsection(c)below,whichever is shorter. If such directors' terms expire prior to
the happening of the event described in subsection (c) below, successors shall be elected for a
like term.
(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 of office of each director elected by the Members,Members
entitled to elect such director shall be entitled to elect a successor to serve a term of two (2)
years. Directors elected by the Members shall hold office until their respective successors have
been elected.
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 votes entitled to be cast for the election of such director.
Any director whose removal is sought shall be given notice prior to any meeting called for that
purpose. Upon removal of a director, a successor shall be elected by the Members entitled to
elect the director so removed to fill the vacancy for the remainder of 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 present,and the Board may appoint a successor to fill the vacancy
for the remainder of the term.
In the event of the death,disability,or resignation of a director,the Board may declare a
vacancy and appoint a successor to fill the vacancy 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 representative. The Class `B" Member or Declarant shall be
entitled to appoint a successor to fill any vacancy on the Board resulting from the death,
disability or resignation of a director appointed by or elected as a representative of the Class"B"
Member or Declarant.
B. Meetings.
3.7 Organizational Meetings.
The first meeting of the Board following each annual meeting of the membership shall be
held within thirty(30)days thereafter at such time and place as the Board shall fix.
3.8 Regular Meetings.
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.
Special meetings of the Board shall be held when called by written notice signed by the
President or Vice President or by a majority of the directors.
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3.10 Notice:Waiver of Notice. Inst # 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 nature of any special business to be considered. The notice
shall be given to each director by: (i)personal delivery;(ii)first class mail,postage prepaid;(iii)
telephone communication,either directly to the director or to a person at the director's office or
home who would reasonably be expected to communicate such notice promptly to the director;or
(iv) facsimile, computer, fiber optics or other electronic communication device, with
confirmation of transmission. All 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 shall be delivered or transmitted at least seventy-two (72)
hours before the time set for the meeting.
(b) Transactions of any Board meeting,however called and noticed or wherever held,
shall be as valid as though taken at a meeting duly 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 director who attends the meeting without protesting before or
at its commencement about the lack of adequate notice.
3.11 Telephonic Participation in Meetings.
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.
3.12 Quorum of Board.
At all Board meetings, a majority of the 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, notwithstanding the withdrawal of directors. if any action
taken is approved by at least a majority of the required quorum for that meeting. If any Board
meeting cannot be held because a quorum is not present, a majority of the directors present at
such meeting may adjourn the meeting to a time not less than five(5)nor more than thirty(30)
days from the date of the original meeting. At the 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 over all meetings of the Board,and the Secretary shall keep a
minute book of Board meetings, recording all Board resolutions and all transactions and
proceedings occurring at such meetings.
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 meeting at a conspicuous place within Palmetto Creek which
the Board establishes for the posting of notices relating to the Association. Notice of any
meeting at which assessments are to be established shall state that fact and the nature of the
assessment. Subject to the provisions of Section 3.15 and applicable law, all Board meetings
shall be open to all Members and, if required by law, all Owners; but attendees other than
directors may not participate in any discussion or deliberation unless a director requests that they
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Inst # .313321 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, the Board meeting shall provide Owners an opportunity to
attend a portion of a Board meeting and to speak to the Board about their issues or concerns.The
Board may place reasonable restrictions on the number of persons who speak on each side of an
issue and may place reasonable time restrictions on persons who speak.
(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 above, the President may adjourn any meeting of the Board
and reconvene in executive session, and may exclude persons other than directors, to discuss
matters of a sensitive nature,such as pending or threatened litigation,personnel matters,etc.
3.15 Action Without a Formal Meeting.
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.
C. Powers and Duties.
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 Declaration,and as provided by law. The Board may do or cause
to be done on behalf of the Association all acts and things except those which the Declaration or
North Carolina law require to be done and exercised exclusively by the Members or the
membership generally.
3.17 Duties.
Duties of the Board shall include,without limitation:
(a) preparing and adopting, in accordance with the Declaration, an annual budget of
expenses(including,without limitation,Common Expenses);
(b) levying and collecting assessments 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, and dismissing personnel necessary to carry out the
Association's rights and responsibilities and where appropriate, providing for compensation of
such personnel and for the purchase of equipment, supplies, and materials to be used by such
personnel in the performance of their duties;
(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 amending use restrictions and rules in accordance with the
Declaration;
(g) opening bank accounts on behalf of the Association and designating the
signatories required;
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I_nst t 313321 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 means the provisions of the Declaration and bringing any
proceedings which may be instituted on behalf of or against the Owners concerning the
Association; provided, the Association's obligation in this regard 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 all services rendered to the Association;
(1) keeping books with detailed accounts of the 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 director,officer or committee member,or former director,officer
or committee member of the Association, to the extent such indemnity is required by North
Carolina law,the Articles of Incorporation or the Declaration.
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 Class `B" Member) at a regular or special meeting of the
Association. Any director may be reimbursed for expenses incurred on behalf of the Association
upon approval of a majority of the other directors. Nothing herein shall prohibit the Association
from compensating a director, or any entity with which a director is affiliated, for services or
supplies furnished to the Association in a capacity 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"Member to Disapprove Actions.
So long as the Class"B"membership exists,the Class`B"Member shall have a right to
disapprove any action, policy or program of the Association, the 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`B"Member shall be given written notice of all meetings and
proposed actions approved at meetings (or by written consent in lieu of a meeting) of the
Association, the Board or any committee. Such notice shall be given by certified mail, return
receipt requested,or by personal delivery at the address 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 Heard. The Class"B"Member shall be given the opportunity
at any such meeting to join in or to have its representatives or agents join in discussion from the
floor of any prospective action, policy, or program which would be subject to the right of
disapproval set forth herein.
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Inst $ 313321 Ronk 2324Page: 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 representatives or agents, shall make its concerns, thoughts,
and suggestions known to the Board and/or the members of the subject committee. The Class
"B" Member, acting through any officer or director, agent or authorized representative, may
exercise its right to disapprove at any time within ten(10)days following 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"Member shall not use its right to disapprove to reduce the level of
services which the Association is obligated to provide or to prevent capital repairs or any
expenditure required to comply with applicable laws and regulations.
3.20 Management.
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 delegate policy-making authority or those duties set forth in
Sections 3.17(a) (with respect to adoption of the budget), 3.17(b), 3.17(f), 3.17(g) and 3.17(i)
herein.Declarant or its affiliate may be employed as managing agent 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 be bound, either directly or indirectly, by any management
contract executed during the Class `B" Control Period unless such contract contains a right of
termination exercisable by the Association, with or without cause and without penalty, at any
time after termination of the Class `B" Control Period upon not 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 determines otherwise:
(a) accrual accounting, as defined by generally accepted accounting principles, shall
be employed;
(b) accounting and controls should conform to generally accepted accounting
principles;
(c) cash accounts of the Association shall not be commingled with any other
accounts;
(d) no remuneration shall be accepted by the managing agent from vendors,
independent contractors,or others providing goods or services to the Association,whether in the
form of commissions, finder's fees, service fees, prizes, gifts, or otherwise (L e., 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 Association shall be disclosed promptly to the Board;
(f) commencing at the end of the quarter in which the first Unit is sold and closed,
financial reports shall be prepared for the Association at least quarterly containing:
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Inst # 313321 Book 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;
(iii) a variance report reflecting the status of all 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 report and describing the status of any action to collect such
assessments which remain delinquent(any assessment or installment thereof shall be considered
to be delinquent on the fifteenth(15th)day following the due date unless otherwise specified by
Board resolution);and
(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, by an independent public accountant; provided, upon written
request of any holder,guarantor or insurer of any first Mortgage on a Unit,the Association shall
provide an audited financial statement. During the Class "B"Control Period,the annual report
shall include certified financial statements.
3.22 Borrowing.
The Association shall have the power to borrow money for any legal purpose; provided,
however, the Board shall obtain Member approval in the same manner provided in the
Declaration for Special Assessments if the proposed borrowing is for the purpose of making
discretionary capital improvements and the total amount of such borrowing, together with all
other debt incurred within the previous 12-month period, exceeds or would exceed ten percent
(10%)of the Association's budgeted gross expenses 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 right shall include,without limitation,the right to enter into
common management,operational,or other agreements with trusts,condominiums,cooperatives,
or a Village Association and other owners' or residents' associations, within and outside
Palmetto Creek. Any common management agreement shall require the consent of a majority of
the Board.
3.24 Enforcement.
The Association shall have the power,as provided in the Declaration,to impose sanctions
for any violation of the Declaration. To the extent specifically required by the Declaration,the
Board shall comply with the following procedures prior to imposition of sanctions:
(a) Notice. The Board or its delegate 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 hearing 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 not made,the sanction stated in the notice shall be imposed;
provided the Board may, but shall not be obligated to, suspend any proposed sanction if the
violation is cured within the 10-day period. such suspension shall not constitute a waiver of the
right to sanction future violations of the same or other provisions and rules by any Person.
62977.4
41

Inst # 313321 Book 2324Page: 1236
(b) Hearin . If a hearing is rey u.Lo warm 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,together with a statement of the date and manner of delivery,is
entered by the officer,director,or agent who delivered such notice. The notice requirement shall
be deemed satisfied if the alleged violator or its representative appears at the meeting. The
minutes of the meeting shall contain a written statement of the 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 vehicles that violate parking rules)or,following compliance
with the dispute resolution procedures set forth in the Declaration,if applicable,by suit at law or
in equity to enjoin any violation or to recover monetary damages or both,without the necessity of
compliance with the procedure set forth above. In any such action, to the maximum extent
permissible, the Owner or occupant responsible 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 their duties, Association directors and officers shall be insulated
from personal liability as provided by North Carolina law for directors and officers of nonprofit
corporations,and as otherwise provided in the Declaration. 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 terms of the Declaration and the
Articles of Incorporation and his or her actions are not ultra vires (i.e., outside the scope of the
director's authority); (b)affirmatively undertakes to make decisions which are necessary for the
Association's continued and successful operation and,when decisions are made, they are made
on an informed basis; (c) acts on a disinterested basis,promptly discloses any real or potential
conflict of interests(pecuniary or other),and avoids 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 the meaning, scope, and application of the Declaration and the
Articles of Incorporation shall be upheld and enforced so long as such determinations are
reasonable. The Board shall exercise its power in a fair and nondiscriminatory manner and shall
adhere to the procedures established in the Declaration and Articles.
Article IV Officers
4.1 Officers.
Officers of the Association shall be a President,Vice President,Secretary,and Treasurer.
The President and Secretary shall be elected from among Board members;other officers may,but
need not be,Board members. The Board may appoint 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 Office.
The Board shall elect the Association's officers at the first Board meeting following each
annual meeting of the Members,to serve until their successors are elected. Notwithstanding the
foregoing,the initial officers shall be selected by a written consent or directive signed by the one
62077.4 42

Inst # 313321 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 any officer whenever in its judgment the best interests of the
Association will be served, and may fill any vacancy in any office arising because of death,
resignation,removal,or otherwise,for the unexpired 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 such powers and duties as may specifically be conferred or
imposed by the Board. The President shall be the chief executive officer of the Association. The
Treasurer shall have primary responsibility for preparation of the budget as provided for in the
Declaration and may delegate all or part of the preparation and notification 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 shall take effect on the date of the receipt of such notice or at any
later time specified therein, and unless otherwise specified therein, acceptance of such
resignation shall not be necessary to make it effective.
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.
4.7 Compensation.
Compensation of officers shall be subject to the same limitations as compensation of
directors under Section 3.18 herein.
Article V Committees
5.1 General.
The Board may appoint such committees as it deems appropriate to perform such tasks
and to serve for such periods as the Board may designate by resolution. Each committee shall
operate in accordance with the terms of such resolution.
Article VI Miscellaneous
6.1 Fiscal Year.
The Association's fiscal year shall be the calendar year unless the Board establishes a
different fiscal year by resolution.
6.2 Parliamentary Rules.
Except as may be modified by Board resolution,Robert's Rules of Order(current edition)
shall govern the conduct of Association proceedings when not in conflict with North Carolina
law.
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Inst # 313321 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 law, the
Declaration,the Articles of Incorporation,and the By-Laws(in that order)shall prevail.
6.4 Books and Records.
(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 register, books of account, and the minutes of meetings of the
Members,the Board,and committees. The Board shall provide for such inspection to take place
at the Association's office or at such other place within Palmetto Creek as the Board shall
designate.
(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 days of the week when such an inspection may be made;and
(iii) payment of the cost of reproducing documents 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.
Except as otherwise provided in the Declaration or these By-Laws, all notices, demands,
bills, statements, or other communications under 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 the Secretary or,if no such address has been designated, at
the address of the Unit of such Member or Member;
(b) if to the Association,the Board, or the managing agent, at the principal office of
the Association or the managing agent or at such other 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 notice in writing to the Members pursuant to this Section.
6.6 Amendment.
(a) By Class`B"Member. Prior to termination 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 the Units;or(iii)to enable any institutional or governmental
lender, purchaser, insurer or guarantor of mortgage loans, including, for example, the Federal
National Mortgage Association or Federal Home Loan Mortgage Corporation,to make,purchase,
insure or guarantee mortgage loans on the Units. Provided, any such amendment shall not
adversely affect the title to any Unit unless the Owner shall consent thereto in writing. So long
as the Class `B" membership exists, the Class "B" Member may unilaterally amend these
62077.4 44

Inst It 313321 Book 2324Page: 1239
By-Laws for any other purpose,provided the amendment has no material adverse effect upon any
right of any Member.
(b) By Members Generally. Except as provided above, these By-Laws may be
amended only by the affirmative vote or written consent, or any combination thereof, of
Members representing fifty-one percent(51%)of the total Class"A"votes in the Association and
the consent of the Class"B"Member,if such exists. hi addition,the approval requirements set
forth in the Declaration shall be met,if applicable. 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 recordation in the Brunswick County Registry unless a later
effective date is specified therein. Any procedural challenge to an amendment must be made
within six(6)months of its recordation in said registry,or such amendment shall be presumed to
have been validly adopted. In no event shall a change of conditions 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 Authorized to Prepare.Execute.Certify,and Record Amendments to the
Declaration and these By-Laws. In the event an amendment to the Declaration and/or the By-
Laws is approved in accordance with the Declaration 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 hereby certify:
That I am the duly elected and acting Secretary of Palmetto Creek POA, Inc., a North
Carolina corporation;
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 3(P day of.lain uar r ,
2006.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of
said Association this .86Fh day of jfldn car',2006.
•1 90 [SEAL]
Secretary
62077.4
44

IIII�I�III'�IIIII�I IIII6INIIIIIIIII Pent t"473: -661002
Brunswick County, NC Register of Deeds
page 1 of 4
/LaC @.Qi
Presenter Waal --Ret:
Total c�?. _..- f;av_ Int. p N1
Ck$.0.°v C.#14'. Cash$
Rdiind: Cash$ Finance
Porl:ona of;ioc anent are illegible due to Condition
of original.
CI Document contemn seals verified by original
I:i;:�iixnt that cannot be reproduced orcopied.
AMENDMENT
TO MASTER DECLARATION OF PROTECTIVE COVENANTS
FOR PALMETTO CREEK
Prepared by: Murchison,Taylor&Gibson,PLLC, 16 North Fifth Avenue,Wilmington,NC 28401
STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK
This AMENDMENT TO MASTER DECLARATION OF PRQQTECTIVE COVENANTS
FOR PALMETTO CREEK (the "Amendment") is made this aZB' ay of 47 X/d,4)Y ,
2010,by XDV,INC.,a North Carolina corporation("Declarant").
WITNESSETH:
WHEREAS, the 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 (as heretofore 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 the Protective Covenants provide that all construction
activities on Lots shall be subject to the Design Guidelines, which Design Guidelines shall be
adopted by the Architectural Review Committee(the"ARC")and may be amended by the ARC
subject to the approval of the Board of Directors;and
WHEREAS,that certain Supplemental Declaration recorded in Book 2545,1 age 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 authority granted in Section 10.3 of the Protective Covenants,
the ARC,with the approval of the Board of Directors,has amended the Design Guidelines in order
to modify situations and circumstances which have arisen during the course of the development of
the Subdivision and to thereby raise the standards of the Subdivision;and
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 1

01-29 20�0
1111111111ru 111111 N11111111111111111r oBreg P0414 Z nor54 002
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 accordance with its rights under Section 15.3 of the Protective
Covenants,the Declarant does hereby amend the Protective Covenants as follows:
1. A new Section 10.10 is added to the Protective Covenants as follows:
"10.10 Minimum Size of Residence; 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 dwelling that is constructed over a garage will be counted,
unless it is on the same utility hookup as the main dwelling and is a finished part of
the constructed living space. The ARC may authorize in its discretion reasonable
variances of up to ten percent (10%) of the required minimum square feet when
circumstances such as topography, natural obstructions, hardship, 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 inure to the benefit of each owner thereof
EXCEPT AS AMENDED HEREIN,the Protective Covenants shall be and remain in full
force and effect.
93945 2

mi zg-2m+m
IlILIVIlIlL 16 P6415 4.osz
XDV,INC.
By: e C. E n (SEAL)
Robert G. ,President
STATE OF NORTH CAROLINA
COUNTY OF 872jhll5uh die
(County where acknowledgmrnttaken)
I, Dative in. 5'TELIJic'st?l , a Notary Public in and for
B R21M/sull County, North Carolina, 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 was signed in its name by its President.
WITNESS my hand and official seal this Aglay of ,AlX/d4 4' ,2010.
afp.i
z,,,,,„,,z
No�blic
My commission expires:
4 ot940/42.
M, srFiv
9
'A
O NOTARY
\3/4.........)
I PUBLIC
%WICK CP..
93945 3

1111111111111IIIIIIIIIINn111111I� 83016 P0416� f .
EXHIBIT A
1 !'Lase Section Minimum Minimum
# # Lot# Sq.Ft.for 1 Sq.Ft.for 2 M UA
story story
One One 1,2,21-58 1,800 2,100 / 5,400
One One 3-20 _ 2,000 2,409/ 6,500 '
1,2, 11-110, 113-
One Two 115, 119, 122, 1,800 2,100 6,000
123, 126, 128- I , ..
131, 138-146 / •
44.1
3-10, 111, 112, �� ^�� �J
One Two 116-I18, 120, 2 0 2,400 6,000 `� NZ
121, 124, 125, , N�1,3,"'
127, 132-137 -N.
One Three 1-10, 13-32,35,
38-65 1,450 N/A 3330
One Three 11, 12,33,34 6,
- 37 1,450 N/A 3,330 OO���5
One Four 1-11J14,25-29, Q�'i�'k
//32-68 1,600 2,000 3,500 1 IR;0°
One Four 12,,1 3, 15-24,30, /,i �Q,
31 1,600 2,000 3,500 (J
sue.
\V
93945 4

rnnd rr
5 P ®,_28-2007
11111111111111111111111111111111 I y� 0006 10:28:28.000
Robert J. Robanaon
Brunswick County, NC Register of Deeds page 1 of 3
-"f I ,1 Wrtqftltd
a% A
R istallo404 vi aid in a R RET
0 'kW �$ 3 TOTAL�O REV. TC# _
µ •
REC#�_.CK A:,IT CK# s
CASH__._
:4b7,02 SUPPLEMENTAL DECLARATION
TO MASTER DECLARATION OF PROTECTIVE COVENANTS
FOR PALMETTO CREEK
Prepared by: Murchison,Taylor&Gibson,PLLC,16 North Fifth Avenue,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 /eh
day of f>t y. ,2007,by XDV,INC.,a North Carolina corporation("Declarant").
]u� WITNESSETH:
WHEREAS, the 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 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 and to the extent required by the terms of the stormwater
permit issued by the State of North Carolina;and
WHEREAS, in connection with State Stormwater Management Permit Number SW8
050239 issued to the Declarant from the Division 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 tights under Section 11.6 of the Protective
Covenants,the Declarant does hereby amend the Protective Covenants as follows:
1. The first sentence of Article 11, Section 11.6(f) is hereby deleted in its
entirety and replaced by the following:
"(f) The maximum built-upon area per Lot is described in Exhibit A attached
to this Supplemental Declaration."
72068 1

11111111 1111111 IIIIIIIIII1111111 82545 !!1111a 9:7
Brunswick 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 applicable to the Property.
3. Declarant hereby declares that the Property shall be held, sold, and conveyed
subject to the Protective Covenants, as amended by this Supplemental Declaration, 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 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,INC.
By: } � G3-G -t (SEAL)
Robert C.G.Exum,Pr ident
NORT CAROLINA
d h' if/dOI' COUNTY
I, D/I¢MC /1(• S7UuI4 t , 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 was signed in its name by its
President.
WITNESS my hand and official seal this let y of 1 .J$. V ,2007.
si Nota Public
My commission expires:
0: ••• :.
....
72068 2

IIIIIIIIII II1111IIIIIlI I11111111III Robert 8 l-z5 00m
Brunswick County, NC Register of Dads page 3 of 3
EXHIBIT A
Phase Section Minimum Minimum
# # Lot# Sq.Ft.for 1 Sq.Ft.for 2 I Max BUA
story story
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, 122, 1,800 2,100 6,000
123, 126, 128-
131, 138-146
3-10, 111, 112,
One Two 116-11$,120, 2,000 2,400 6,000
121, 124, 125,
127, 132-137
One Three 1-10, 13-32,35,
38-65 1,450 N/A 3330
One Three 11, 12,33,34,36,
37 1,450 N/A 3,330
One Four 1-11, 14,25-29,
32-68 1,60t 2,000 3,500
12, 13, ,15-24 30
One Four ,
31 1,600 2,000 3,500
72068 3

6Lctl,c)A..) a Le, i 9
III I I I II I I I II III I I i III II IIIII II I I III Robe r .1. Ro n:3�mme
�`,gt Brunswick Count NCR ester of Deeds
�y SJIli sii C��,1 y+ Register page 1 of 2
x' w '`.'� 11,'„4�i
e, IatrWon b• 4,44aad to n e,
t ARo�.�� REC#_.,_CK AMT ,
CASH REF BY#
SUPPLEMENTAL DECLARATION
TO MASTER DECLARATION OF PROTECTIVE COVENANTS
FOR PALMETTO CREEK ANNEXING ADDITIONAL PROPERTY
STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK
XDV, INC.,a North Carolina corporation(herein"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");
venants");and
/
WHEREAS, in accordance with Section 8.1(a) of the Protective Covenants, the
DECLARANT has the right to amend the Protective Covenants for the purpose of annexing
additional property into the Properties;and
WHEREAS,DECLARANT desires to annex into the Properties the real property described
herein and subject such real property to the lien of the Protective 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:
Tract 1: Being all of Tract 2D(Revision)Palmetto Creek of the Carolinas as shown on
map thereof recorded in Map Cabinet 0036, Page 0274, Brunswick County
Registry, reference to said map is hereby made for a more particular
description.
Tract 2: Being all of Tract 2C Palmetto Creek of the Carolinas as shown on map
thereof recorded in Map Cabinet 0036, Page 0313, Brunswick County
Registry, reference to said map is hereby made for a more particular
description.
Tract 3: Beg all of Lot 19,Section Two,Palmetto Creek of the Carolinas as shown
on map thereof recorded in Map Cabinet 0036,Page 0187,Brunswick County
Registry, reference to said map is hereby made for a more particular
description.
Except as amended herein, the aforesaid Protective Covenants shall be and remain in full
force and effect. This the ,;;I day of December,2006.
XDV,INC.
By: �G� (SEAL)
Ro C.G.Ex srdent
71769
Prepared by: Murchison,Taylor&Gibson,PLLC
16 North Fifth Avenue,Wilmington,NC 28401

II II{{IIII `II II{ 1111 B2530I` 12_2g_2006
IIII�IIII�IIIII�II��IIIlll�llll��llll ober 3. Re on.37.000
N RTH CAROLINA NC Register of Deeds page 2 of 2
�o..,• �Ar't tt COUNTY B ick County,
I, .� j,^L _ t o c , a Notary Public of the State and
County aforesaid, certify that obert . 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 was signed in its name by its
President.
WITNESS my hand and official seal this_r .1 day of 4r9k)vit,2006.
%‘-. .A\C"*.,,c
cl
Print ame:v ► D r4 5 •y► l ary Public
My commission expires:
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Impervious Tracker
(Provided by POA)
V `-
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RZCzi,v-zi
SEP232
ay:

Palmetto Creek ARC Tracking Phase 1 Section 1
Custom-Mandevilla/Turnata
Section 1
Stormwater
SQ FT MIN IMP SURF LIMIT LOTS
Non-water 40 2100 5400 1,2 21-58
5500 8-10, 15-19
Water 18 2400 6500 3-7, 11-14,20
DATE STREET IMPERV
APPROVED LOT# # STREET OWNER BUILDER PLAN/ARCHITECT SQ FT EXT MATERIAL COVERAGE
1 &2 1186 Turnata Drive Sales Office -
3
1/24/2018 6 1178 Turnata Drive Trusst Bldrs Trusst Candor 2376 Farrington 4051
9/6/2011 7 1176 Turnata Drive Fitzpatrick Logan Bellamy/Thompson 2056 Augusta/Shale 4459
#4#/##### 9 1172 Turnata Drive Catanzaro Logan Newport/B.Thorne 2638 Nottingham 4332
5/11/2016 15 1230 Mandevilla Dr Dowling Horizon Freeport/Sabin 2315 Nottingham 3457
2/18/2022 16 1228 Mandevilla Dr Hardison Hardison Unknown 2099 Unknown 2985
2/18/2022 17 1226 Mandevilla Dr Hardison Hardison Unknown 2099 Unknown 2905
6/22/2009 20 1220 Mandevilla Dr Diaz I Logan Bradley Thorne 1784 Stone Ridge 4829
5/21/2010 21 1218 Mandevilla Dr Leisure Homes Logan Newport/B.Thorne 2454 Augusta/Shale 4221
2/18/2022 22 1216 Mandevilla Dr Hardison Hardison Unknown 2099 Unknown 2894
2/18/2022 30 1211 Mandevilla Dr Hardison Hardison Unknown 2099 Unknown 2955
11/16/2017 41 1251 Mandevilla DrIP'•True Homes True Homes TH/Monterest 1755 2754 Boral/Stone 3293
4/16/2019 44 1183 Turnata Drive kilter Trusst Bldrs Candor 2 2364 Spaulding 4284
9/5/2017 45 1179 Turnata Drive Vill'Neuve Horizon Augusta/Sabin 2272 Shale/Tudor 3825
7/16/2012 46 1173 Turnata Drive So Homebuilders So Homebld Cambridge 2521 Providence 3545
11/1/2016 48 1165 Turnata Drive Powell Horizon Augusta/Sabin 2303 Smoke/Shale 3696
5/11/2016 51 1234 Mandevilla Dr Wright Horizon Kalena/Sabin 2431 Smoke/Shale 4036
2/18/2022 53 1240 Mandevilla Dr Hardison Hardison Unknown 2099 Unknown 2906
2008? 56 1250 Mandevilla Dr Duch Logan
9/8/2009 57 1252 Mandevilla Dr Leisure Leisure/Logan Bradley Thome 2638 Nottingham/Tudor 3997
6/30/1905 58 1254 Mandevilla Dr Pollack/Roarty Logan
8 Pi.....,................V 7.:ti
SEP 2 3 2022
BY

Palmetto Creek ARC Tracking
Phase 1 Section 2
Custom-St Simon
Custom
Section 2 Stormwater LOTS
" Ja-- SQ FT MIN IMP SURF LIMIT 6,7,10,16,22,23,25,26,30
Non-water 122 2100 5500 50,53-57,62,71,76,121,126,142
Water 24 2400 5930 1-5,8,9,11-15,17,18,20-21,24
27-29,31-49,51,52,58-61
63-70,72-75,77-120,122-125
DATE STREET 127-141,143-146 EXT IMPERV
APPROVED LOT# # STREET OWNER BUILDER PLAN/ARCHITECT SQ FT MATERIAL COVERAGE
5/8/2006 1 1269 St Simons Ringleib Logan Homes Jewel/Thorne 2899 Coventry 4548
5/20/2016 2 1271 St Simons Arnot Trusst Builders TrusstlMason II 2361 4107
10/20/2010 6 1259 St Simons Walker Logan Homes Valencia/Thome 3089 Shale/Stucco 5350
11/30/2012 7 1255 St Simons Reed Logan Homes Belize II/Thompson 3601 Shale/Tudor iamb,
1/24/2017 8 1251 St Simons Tayman Horizon Homes Sea Island/Sabin 3107 Shale/Tuscan 4386
6/4/2021 11 1241 St Simons Rumpf Libe Homes Brinker 3332 Nottingham Tudor CON
6/19/2012 14 1253 St Simons Farrington Liberty Homes Manchester/M.Thorpe 2288 Salem Creek 3899
10/5/2017 20 1227 St Simons Acornley Bill Clark Homes BCC/Ansley II 2267 Commonwealth 3742
5/2/2007 21 1223 St Simons Smith Southern Comfort Southern Pearl 2273 Providence 3927
40
41
42
8/2/2012 49 1405 Sennia Ct Dambach Logan Homes Ivy/Thompson 2265 General Shale 4009
1/27/2017 51 1402 Sennia Ct Geu Trusst Builders Trusst/Kindle II 2198 Hartafield 3185
3/9/2022 39 1159 Natal Drive True Homes True Homes Broadway/Puvak-True 2384 Triangle Brick Queen/LlbbyMill 4091
10/23/2018 54 1113 Natal Drive Casey Horizon Homes Palm/Sabin 2361 Nottingham 3350
8/29/2016 56 1105 Natal Drive Lawson Horizon Homes Reserve/Sabin 2927 Sante Fe/Clay 4266
10/22/2014 57 1101 Natal Drive Wafa/Lama Horizon Homes Reserve Custom 3025 Hansor/Grey 4447
6/11/2021 85 1170 Natal Drive Raynor Trusst Builders N/A 2888 Morning Smoke/Sage 4561
4/4/2022 87 1174 Natal Drive Whitmer Southern Comfort Demk McKenzie 2460 General Shale
5/20/2015 62 1406 Serrulata War Horizon Homes Reserve Custom 2889 Hanson/Grey 3584
6/23/2017 63 1410 Serrulata Groan Horizon Homes Bahama/Sabin 2274 Charleston 3767
1/4/2011 64 1414 Serrulata Kremmerer Logan Homes Currituck/B.Thorne 2336 Nottingham 4562
10/22/2015 70 1419 Serrulata Niedzialek Horizon Homes Palm/Sabin 2355 Nottingham 3547
9/13/2013 76 1138 Natal Drive Patey Logan Homes Nantucket II/Thompson 2821 Pebblestone 4843
7/28/2011 91 1406 Carissa Dr Skelps Tongue&Groove Lisle Arch&Design 4086 General Shale 5124
12/10/2015 93 1199 Sabel Loop Patterson Horizon Homes Palm/Sabin 2189 Sante Fe 3935
10/21/2013 94 1197 Sabel Loop Cox Lo.an Homes Nantucket II/Thompson 2831 Cape Lookout 4995
12/6/2010 98 1189 Sabel Loop Klug Liberty Homes Bisca ne/M.Thorpe 2625 Montana Suede 4873
9/6/2011 99 1187 Sabel Loop McNevich Logan Homes Valencia/Thompson 2548 General Shale I ;�59,
6/7/2012 104 1177 Sabel Loop Humphrey Liberty Homes Manchester/M.Thorpe 2288 Montana Stone 3794
11/8/2016 106 1173 Sabel Loop Horizon Horizon Homes Au.usta/Sabin 2389 Shale Manor 4.157
10/28/2013 108 1169 Sabel Loop Heubish Lewis Builders Nelson Desi.n Grou. 3124 commonwealth
11/17/2017 112 1157 Sabel Loop Osa Trusst Builders Trusst/Captiva 2947 Cortez
12/10/2015 113 1155 Sabel Loop Whitacre Horizon Homes Augusta/Sabin 2422 General Shale 3970
3/24/2011 115 1151 Sabel Loop Fike Logan Homes Newport/B.Thorne 2100 General Shale 4253
8/6/2013 117 1156 Sabel Loop Heubach Southern Comfort Southern Pearl 2657 Wade Tutor •-
1/20/2017 120 1166 Sabel Loop Snyder Liberty Homes Biscayne/M.Thorpe 2766 Mountain Stone 3988
10/12/2021 121 1168 Sabel Loop Jahn Horizion Homes Augusta/Sabin 2325 Triangle Brick Tiffany 4021
8/14/2019 122 1176 Sabel Loop Poe Trusst Builders Candor 2030 spaulding 4111
4/7/2022 123 1180 Sabel Loop Horizon Homes Horizon Homes Sabin 2484 Triangle Brick Washed White 3952
5/21/2014 126 1196 Sabel Loop H&H Homes H&H Homes Ren/Edgemont A4 2310 Tangier 3866
6/10/2018 131 1214 St Simons Keifer Curtis Skipper Madra/CSC Designs 2701 Shale Cortez 4586
9/6/2011 133 1222 St Simons Guziewicz Southern Comfort Southern Diamond 2607 General Shale 4426
6/1/2010 134 1226 St Simons Fuentispina Logan Homes Nantucket/B.Thome 2676 Nottingham 4848
9/16/2010 136 1238 St Simons Kriger Southern Comfort Southern Pearl I I 2273 General Shale 4498
7/17/2016 137 1244 St Simons Ritter Trusst Builders Grayson 2570 Colony Point 4362
3/24/2010 139 1252 St Simons Swanko Loan Homes Newport/B.Thorne 2638 Nottingham _ 5803
1/17/2013 140 1254 St Simons Stevens/Fulp Trusst Builders Harmony 2A 2934 Providence 5125
1/2/2007 141 1256 St Simons Shoreline Homes Shoreline Homes Nelson Design Group 3209 Hamilton
10/13/2015 142 1260 St Simons H&H Homes H&H Homes Ren/Palmetto A4 2723 Onslow 4937
12/20/2007 143 1264 St Simons Southern Comfort Southern Comfort Coastline/SouthernStar 1853 Providence 4366
144 1268 St Simons Annecchiarico Castel)Builders
145
146 — 1� .... ... ...
SE? 2 3 2022
Qtr.

•
Palmetto Creek ARC Tracking
Phase 1 Section 3
Gardens
Section 3 Stormwater
SQ FT MIN IMP SURF LIMIT LOTS
1450 3300 001-065
DATE STREET EXT IMPERV
REVIEWED LOT# # STREET OWNER BUILDER PLAN/ARCHITECT SQ FT MATERIAL COVERAGE
9/12/2008 1 1263 Opaca Dr Sral McKoy St. Helena-3031 1606 Old Marlboro 2798
5/24/2022 2 1261 Opaca Dr Caviness&Cates Caviness&Cates Lockwood/Tucker 2623 Morning Smoke Brick 2899
3/26/2012 3 1259 Opaca Dr Waddell Logan Ivy/Thompson 1553 AugustalShale 2945
8/5/2009 4 1257 Opaca Dr Leisure Homes Logan Briar 1535 Old Marlboro 2885
5
9/6/2011 6 1253 Opaca Dr Fallen Logan Ivy/Thompson 1975 Old Marlboro 3250
5/8/2012 7 1251 Opaca Dr Root Logan Ivy/Thompson 2106 Stone Ridge 3127
3/11/2011 8 1249 Opaca Dr Bozek Logan Ivy/Thompson 2017 Nottingham Tudor 3016
4/21/2015 9 1247 Opaca Dr Krusius Horizon Palm/Sabin 2027 3180
1/16/2012 10 1245 Opaca Dr Gross Logan Ivy/Thompson 2619 Nottingham Tudor 3176
1/24/2018 13 1239 Opaca Dr Llewellyn Horizon Sabin 2187 Nottingham Willow 3152
5/10/2018 15 1235 Opaca Dr Windsor Invest Windsor Bellhaven III 1864 Cottonwood GS 3052.3
5/21/2014 16 1233 Opaca Dr H&H Homes H&H Homes RDG/Ashley A4 1836 Tangier 2827
5/11/2016 17 1231 Opaca Dr Horizon Horizon Freeport/Sabin 1944 Farrington/Tudor 2776
12/1/2011 19 1227 Opaca Dr Logan Logan Orchard 1742 Stone Ridge 3064
20
5/11/2011 21 1223 Opaca Dr Whitacre Logan Ivy/Thompson 2016 Nottingham Tudor 3026
7/26/2013 22 1221 Opaca Dr Combs Logan Ivyil/Thompson 1716 Old Marlboro 3092
3/26/2012 23 1215 Liset Ct Herring Logan Ivy/Thompson 2132 Augusta/Shale 3296
5/30/2012 24 1213 Liset Ct Palmieri Logan Ivy/Thompson 1993 Stone Ridge 3113
5/10/2018 25 1211 Liset Ct Windsor Invest Windsor Somersett III 2173 Farrington/Tudor 3235.4
10/23/2018 29 1204 Liset Ct Mintzer Horizon Palm/Sabin 2015 Charleston 3157
12/2/2010 31 1208 Liset Ct Dix j Logan Laurel 1632 Old Marlboro ' 3246
7/7/2010 32 1210 Liset Ct Kinnin Logan Bradley Thorne 1957 Augusta/Shale 3298
2/18/2022 33 1212 Liset Ct Hakson Hardison Unknown 2099 Unknown 2892
5/24/2022 34 1214 Liset Ct Calr &Cates Caviness&Cates Clairmont/Tuckert 1919 Chesapeake dray Brick 2888
2/18/2022' 35 1216 Liset Ct Hardin Hardison Unknown 2099 Unknown 2888
2/18/2022 38 1207 Opaca Dr Hardison Hardison Unknown 2099 Unknown 2886
8/5/2009 39 1205 Opaca Dr Leisure Homes Logan Ivy/Thompson 1674 Nottingham Tudor 2897
40
5/20/2008 41 1201 Opaca Dr Savannah Homes McKoy St. Catherine's 1468 Old Marlboro 2791
2/18/2022 58 1228 Opaca Dr Hardison Hardison Unknown 2099 Unknown 2887
2/18/2022 61 1261 Opaca Dr Hardison Hardison Unknown 2099 Unknown 2890
1/25/2007 42 1404 Vitas Court Smith McKoy St.Catherine's 1468 Old Marlboro 3009
1/25/2007 43 1408 Vitas Court Savannah Homes McKoy The Cabretta 1356 Old Marlboro 2464
1/25/2007 44 1410 Vitas Court Huyton McKoy St. Helena 1540 Old Marlboro 2757
1/25/2007 45 1411 Vitas Court Humphrey McKoy St.Catherine's 1468 Old Marlboro 2752
1/25/2007 46 1409 Vitas Court Hendrix McKoy St. Helena 1540 Old Marlboro 2853
1/25/2007 47 1407 Vitas Court Cabic McKoy The Cabretta 1356 Old Marlboro 2464
2/6/2007 48 1405 Vitas Court Murray McKoy The Cabretta 1356 Old Marlboro 2543
49
50
1/15/2019 51 1250 Opaca Dr Airlie Homes Airlie Lockwood/Lee 2023 Bradford/Tutor 2980
3/10/2018 53 1242 Opaca Dr Airlie Homes Design Sedgefield 1959 Monaco 3130
10/9/2015 56 1234 Opaca Dr H&H Homes H&H Homes RDG/Hoke A4 1711 Charleston 2894
5/21/2014 57 1230 Opaca Dr H&H Homes H&H Homes CRD/Hoke 1711 Monaco 2957
9/13/2017 59 1224 Opaca Dr Horizon Horizon Palm/Sabin 2015 Farrington/Tudor 2015
9/13/2017 60 1220 Opaca Dr Horizon Horizon Bahama/Sabin 2129 Nantucket 3064
5/2/2011 62 1214 Opaca Dr Yeso Logan Ivy/Thompson 2005 Augusta/Shale 3082
3/17/2008 63 1210 Opaca Dr Browning McKoy St.Helena 1540 Old Marlboro 2832
fir.c. „, ,,,I)
SEP 2 3 2022
BY:

1 Stormwater Palmetto Creek ARC Tracking
SQ FT MIN IMP SURF LIMIT Phase 1 Section 4 LOTS
1400/1800 3556 Charleston 2,3,4,24,25
4000 5,8,9-14,16-23,27-36,62
4756 63
3500 1,7,8,15,25,26,37-44&
46-61,64-68
DATE STREET IMPERV
REVIEWED LOT# # STREET OWNER BUILDER PLAN/ARCHITECT SQ FT EXT MATERIAL COVERAGE
5/8/2006 1 1126 Serotina _Bourdreau Patterson Sabins Drafting 1995 Charleston 3255
5/8/2006 2 1124 Serotina Friedman Patterson Meeting Place 1686 Carriage House •95r _
5/8/2006 3 1122 Serotina Woodhead Patterson St James B 1597 Monticello '&356
5/8/2006 4 1120 Serotina Riley Patterson St James B-2 2187 Old Marborol 3556
6/6/2014 5 1216 Isu Court H&H Homes H&H Homes Ren/Beaufort B4 2160 Pamlico 3170
6/6/2014 6 1214 Isu Court H&H Homes H&H Homes Nen/Cumberland A4 2053 Tangier 2966
10/26/2009 7 1212 Isu Court Cottage Homes Logan Calhoun Street 1614 Monticello 3054
7/15/2014 8 1210 Isu Court Cirillo Horizon Reserve Custom 2189 Hanson 3422
3/2/2012 9 1208 Isu Court Taymon Logan Meeting Street 2080 Edenton 3420
10/23/2018 10 1201 Isu Court Morris Horizon Sabin/Bahama 2294 Cumberland/Tutor 3376
9/13/2021 11 1204 Isu Court American Homesmith American Homesmith Poplar Grove/Frazier 1993 Palmetto/Laurel Bay 3209
12/2/2021 14 1201 Isu Court American Homesmith American Homesmith Poplar Grove/Frazier 1993 Palmetto Brick 3209
11/6/2015 15 1203 Isu Court Branson Trusst Kindle II 2198 Salem Tudor 3448
5/10/2018 17 1209 Isu Court Windsor Windsor Pinehurst III 1944 Cape Lookout GS Jun-08
20
10/5/2011 21 1192 Serotina Logan Logan Ivy/Thompson 1975 Monticello 3231
9/13/2021 22 1188 Serotina American Homesmith American Homesmith Poplar Grove/Frazier 1993 Palmetto/Laurel Bay 2857
7/2/2013 23 1186 Serotina Rapp Logan Seagull2/Thompson 1772 Monticello 3970
5/8/2006 24 1174 Serotina Wynn Patterson St James A 1597 Monticello 3556
25
1/28/2011 26 1170 Serotina Gorrell So Comfort DK Designs 1963 Southhampton 3149
10/21/2013 27 1168 Serotina Nash Horizon Augusta , 2169 Adams/Mastic 11i6.: _
4/15/2013 28 1166 Serotina Lundy Horizon Beaufort 2113 Low Ctry Blend 3259
5/10/2018 30 1162 Serotina Windsor Windsor Midland II 2069 Morning Smoke 3448.6
11/20/2013 31 1160 Serotina Rennewanz Logan Ann St/Thompson 1715 Natchez 3487
1/9/2012 32 1158 Serotina Stagner Logan Ivy/Thompson 1777 Monticello 3223
4/7/2022 33 1156 Serotina American Homesmith American Homesmith Tony Frazier 1993 Palmetto Brick 2846
7/10/2014 35 1152 Serotina Powers Horizon Reserve Custom 2662 Hanson 3249
5/24/2022 34 1154 Serotina Caviness&Cates Caviness&Cates Southport/Tucker 1983 Oyster Bay Brick 3068
2/18/2022 36 1148 Serotina Hardison Hardison Unknown 2099 Unknown 2901
10/14/2009 37 1146 Serotina Cottage Homes Logan Meeting Street 1643 Monticello 2565
4/7/2022 38 1144 Serotina American Homesmith American Homesmith Tony Frazier 1993 Palmetto Brick 2946
3/9/2022 40 1140 Serotina Caviness&Cates Caviness&Cates Lockwood/Tucker 1877 Chesapeake Gray 2952
9/14/2021 44 1132 Serotina American Homesmith American Homesmith Poplar Grove/Frazier 1993 Palmetto/Laurel Bay 2827
5/8/2006 45 1130 Serotina Burton Patterson St James A-2 1795 Old Marlboro ?x;74:
6/23/2006 46 1131 Serotina Tully Patterson Meeting Place B-7 2522 Commonwealth ?5^^ _
6/23/2006 47 1129 Serotina Paquette Patterson Charleston A-2 1995 Carriage House 3503
6/23/2006 48 1127 Serotina DoBosh Patterson St James A-2 1795 Monticello alia
6/23/2006 49 1125 Serotina Clay Patterson Meeting Place A-2 elvB i 1995 Old Marlboro 3501
6/23/2006 50 1123 Serotina McGill/Horan Patterson Charleston A-1 elvB 1871 Commonwealth 3500 _
6/23/2006 51 1121 Serotina Annecchiarico Patterson Charleston B-1 elvA 2263 Carriage Housey(
6/23/2006 52 1183 Serotina Bostel Patterson St James A-1 elvA 1989 Old Marlboro MOD
6/23/2006 53 1179 Serotina Griffith Patterson Meeting PI A-2 elvA 1995 Monticello 3500
6/23/2006 54 1177 Serotina Murray Patterson Charleston B-1 elvB 2263 Commonwealth 3600
6/23/2006 55 1175 Serotina Martin Patterson St James B-2 elvB 2187 Old Marlboro 300
5/24/2022 56 1173 Serotina Caviness&Cates Caviness&Cates Clairmont/Tucker 2050 Moming Smoke Brick 2790
3/9/2022 57 1171 Serotina Caviness&Cates Caviness&Cates Lockwood/Tucker 1877 Chesapeake Gray 3015
3/9/2022 58 1169 Serotina Caviness&Cates Caviness&Cates Southport/Tucker 1983 General Shale 3171
59
10/6/2021 60 1165 Serotina King Truest Plum Island/Trusst 1913 Cumberland Tudor 3459
2/18/2022 62 1157 Serotina Hardison Hardison Unknown 2099 Unknown 3457
3/24/2008 63 1145 Serotina Fuller Logan Bellamy/Underwood 2148 Nachez Wit
64
65
66
9/13/2021 67 1135 Serotina American Homesmith American Homesmith Poplar Grove/Frazier 1993 Palmetto/Laurel Bay 2827
y3/9/2022 68 1133 Serotina Caviness&Cates Caviness&Cates Clairmont/Tucker 1785 Morning Smoke 2889
• SEP 23 2022
BY.

Date Filed: 5/ 2 :_Z:44:00 PM
Elaine F.Mar—shall
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-3I 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.
I INFORMATION CURRENTLY ON FILE
The name of the entity is: Palmetto Creek POA,Inc
Entity Type:❑Corporation,['Foreign Corporation,ONonprofit Corporation,['Foreign Nonprofit Corporation,
['Limited 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
City,State,Zip Code: County: New Hanover
2. The mailing address if d fferent 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 elow:
(complete this item only if the name of the registered agent is bein d) �/
Dave Swayer,Jr. / �f-CS1 c6
Type or Print Name ofNew 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 ing,unless a date and/or time is specified:
This is day of 20de_. Palmetto Creek POA,Inc. _
''!�`�� Entity Name
Signature
2205er -' G G etc✓w.a_ cre5icten "
Type or Print Name and Title
Notes: Filing fee is$5.00. 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
I

Date Filed: 1/13/2006 8:31:00 AM
Elaine F.Marshall
North Carolina Secretary of State
C200601200328
ARTICLES OF INCORPORATION
OF
PALMETTO CREEK POA,L`3C
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
The period of duration of the Corporation shall be perpetual.
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
SEP232022
BY:

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

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.
-C (SEAL)
Robert C. G. E Incorporator
8..„.............., ...... ..
=ate I ,
SEP232022
62078.2
3

-5
c
PALMETTO CREEK POA January 14,2022
Organizational Meeting Minutes
Pursuant to notice,the Palmetto Creek POA Board of Directors,a meeting was held on January 14,2022 at 9:00
am in the Palmetto Creek POA Clubhouse located in Bolivia, North Carolina.
Opening the Meeting:
Board members in attendance were Rodney Kersten, Bob Patey and Joe Callaci.
Also present was a representative of the declarant, Don Croteau.
Also present with CAMS was Community Manager,Stefanie Hubble;Onsite Assistant Community Manager,Allison
Heafner and Regional Vice President, Deanna King.
Election of Officers:
The following Board members were unanimously elected to the following offices for a 1-year officer term(until the
next annual meeting).
• Rodney Kersten—President
• Joe Callaci—Vice President
• Rodney Kersten—Treasurer
• Bob Patey—Secretary
• Lisa Beaman—Member at Large
• Bert Exum—Member at Large
Next Meeting Date:
Board Workshop—Friday, February 11th at 9:00AM in the Clubhouse—CLOSED, Board only.
Adjournment:The meeting was adjourned at 9:30 am.
Respectfully submitted by:
Allison Heafner, CAMS
Onsite ACM

Operation & Maintenance Agreement ? 050 D37
Palmetto Creek of the Carolinas S�
Cover Page
Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set location.
Any deficient BMP elements noted in the inspection will be corrected, repaired,or replaced - These deficiencies can
affect the integrity of structures,safety of the public,and the pollutant removal efficiency of the BMP(s).
The BMP(s)on this project include(check all that apply& corresponding O&M tables will be added automatically):
Bioretention Cell Quantity: Location(s):
Dry Detention Basin Quantity: Location(s):
Grassed Swale Quantity: 18 Location(s): Swales 1-18
Green Roof Quantity: Location(s):
Infiltration Basin Quantity: Location(s):
Infiltration Trench Quantity: Location(s):
Level SpreaderNFS Quantity: 1 Location(s): Behind Section 2 lot 62
Permeable Pavement Quantity: Location(s):
Proprietary System Quantity: Location(s):
Rainwater Harvesting Quantity: Location(s):
Sand Filter Quantity: Location(s): -
Stormvvater Wetland Quantity: 5 Location(s): 1-5 Extended Detention Wetland
Wet Detention Basin Quantity: 3 Location(s): Ponds 1A, 1 B and 2
Disconnected Impervious Area Present: No Location(s):
Soil Amendments Present: No Location(s):
I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for
each BMP above,and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to
the system or responsible party.
Responsible Party: Palmetto Creek POA,Inc.
Title&Organization: Rodney Kersten,President
Street address: I lei 5 Pc.1 a,1e-1%) Creek i....).y
City,state,zip: •Be:,1 ,014. N e .g e{ZZ
Phone number(s): 9 i o- 23?-- i 32c
Email: pal rtet+ac-ree lc bwri 4i mix i L•.r.00%
Signature: Date: lj r 9- -C
1, Al 1i: P , He �' ,a Notary Public for the State of Nf( - Calf)ta ,
County of & i awk X ,do hearby certify that Rodrl&j 1<crnk i
personally appeared before me this ot day of Mt r>j aDQD, and
acknowledge the due execution of the Operations and Maintenance Agreement.
Witness my hand and official seal, Qk(,1 t & �. a �� ow--—•.�•....,
0,10eawao►rnp„y '1-0 f�.m ,k.
,,....„•••...:.......ti,.y ck 1. SEP 23 2022
. Sim,�i'••..•.. `�.a
Seal ...i.N,,,.1111.....„,,, My commission expires - aaG i ` '`ab tlJ
I

Level S s reader-Ve!etated Filter Stri. /Restored Ri'arian Buffer Maintenance Re'ulrements
Important maintenance procedures:
Immediately after the fitter strip is established, any newly planted vegetation will be watered twice weekly if
-
needed until the plants become established (commonly six weeks).
- Once a year,the filter strip will be reseeded to maintain a dense growth of vegetation
- Stable groundcover will be maintained in the drainage area to reduce the sediment load to the vegetation.
Two to three times a year,grass filter strips will be mowed and the clippings harvested to promote the growth of
thick vegetation with optimum pollutant removal efficiency. Turf grass should not be cut shorter than 3 to
-
5 inches and may be allowed to grow as tall as 12 inches depending on aesthetic requirements(NIPC, 1993).
Forested filter strips do not require this type of maintenance.
- Once a year,the soil will be aerated if necessary.
- Once a year, soil pH will be tested and lime will be added if necessary.
After the filter strip is established, it will be inspected quarterly and within 24 hours after every storm event greater than 1.0
inch (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will
be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.
BMP element: Potential problem: How to remediate the problem:
The entire BMP Trash/debris is present. Remove the trash/debris.
The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a
erosive gullies have formed. ground cover and water until it is established. Provide lime and a one-
time fertilizer application.
Vegetation is too short or too Maintain vegetation at a height of approximately six inches.
long.
The flow splitter device (if The flow splitter device is Unclog the conveyance and dispose of any sediment off-site.
applicable) clogged.
The flow splitter device is Make any necessary repairs or replace if damage is too large for
damaged. repair.
The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off-site.
The pipe is cracked or Replace the pipe.
otherwise damaged.
Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion
Swale. control devices such as reinforced turf matting or riprap to avoid future
problems with erosion.
Stone verge is clogged or Remove sediment and replace with clean stone.
covered in sediment(if
applicable).
8�ow.% N,,,,,, ,,,...
SEP 2 3 an
EfY•�,
FORM-EZ 4/21/2cr

LS-VFS I Restored Ri rian Buffer Maintenance Re•uirements Continued
The swale and the level lip The swale is clogged with Remove the sediment and dispose of it off-site.
sediment.
The level lip is cracked, Repair or replace lip.
settled, undercut, eroded or
otherwise damaged.
There is erosion around the Regrade the soil to create a berm that is higher than the level lip, and
end of the level spreader that then plant a ground cover and water until it is established. Provide
shows stormwater has lime and a one-time fertilizer application.
bypassed it.
Trees or shrubs have begun Remove them.
to grow on the swale or just
downslope of the level lip.
The bypass channel Areas of bare soil and/or Regrade the soil if necessary to remove the gully,and then reestablish
erosive gullies have formed. proper erosion control.
Turf reinforcement is Study the site to see if a larger bypass channel is needed (enlarge if
damaged or ripap is rolling necessary). After this, reestablish the erosion control material.
downhill.
The filter strip Grass is too short or too long Maintain grass at a height of approximately three to six inches.
(if applicable).
Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a
erosive gullies have formed. ground cover and water until it is established. Provide lime and a one-
time fertilizer application.
Sediment is building up on the Remove the sediment and restabilize the soil with vegetation if
filter strip. necessary. Provide lime and a one-time fertilizer application.
Plants are desiccated. Provide additional irrigation and fertilizer as needed.
Plants are dead,diseased or Determine the source of the problem: soils, hydrology, disease, etc.
dying. Remedy the problem and replace plants. Provide a one-time fertilizer
application.
Nuisance vegetation is Remove vegetation by hand if possible. If pesticide is used, do not
choking out desirable species. allow it to get into the receiving water.
The receiving water Erosion or other signs of Contact the NCDENR local Regional Office, or the 401 Oversight Unit
damage have occurred at the at 919-733-1786.
outlet.
8........,. ""--
SEP 2 3 2022
BY;
rORM-EZ
4/21/20:

Grassed Swale Maintenance Requirements
Important maintenance procedures:
_ The drainage area of the grassed swale will be carefully managed to reduce the sediment load to the grassed
swale.
After the first-time fertilization to establish the grass in the swale, fertilizer will not be applied to the grassed
- swale.
IThe grassed swale will be inspected once a quarter. Records of operation and maintenance will be kept in a known set location
I and will be available upon request.
Inspection activities shall be performed as follows.Any problems that are found shall be repaired immediately.
BMP element: Potential problem: How to remediate the problem:
The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully,and then plant a
erosive gullies have formed. ground cover and water until it is established. Provide lime and a one-
time fertilizer application.
Vegetation is too short or too Maintain vegetation at a height of approximately six inches.
long.
The entire length of the Trash/debris is present. Remove the trash/debris.
swale Areas of bare soil and/or Regrade the soil if necessary to remove the gully,and then re-sod (or
erosive gullies have formed. plant with other appropriate species)and water until established.
Provide lime and a one-time fertilizer application.
Sediment covers the grass at Remove sediment and dispose in an area that will not impact streams
the bottom of the swale. or BMPs. Re-sod if necessary.
Vegetation is too short or too Maintain vegetation at a height of approximately six inches.
long.
The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site.
The outlet device is damaged Repair or replace the outlet device.
The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural
damage have occurred at the Resources Regional Office.
outlet.
h IFF. o............or oo. or rrao•
SEP232022 li
By:
FORM-EZ 4✓21 f20;

Stormwater Wetland Maintenance Requirements
Important maintenance procedures:
Immediately following construction of the stormwater wetland, bi-weekly inspections will be conducted and
-wetland plants will be watered biweekly until vegetation becomes established (commonly six weeks).
No portion of the stormwater wetland will be fertilized after the first initial fertilization that is required to establish
-
the wetland plants.
- Stable groundcover will be maintained in the drainage area to reduce the sediment load to the wetland.
- Once a year, a dam safety expert should inspect the embankment.
After the stormwater wetland is established, it shall be inspected monthly and within 24 hours after every storm event greater
than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set
location and will be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.
BMP element: Potential problem: How I will remediate the problem:
Entire BMP Trash/debris is present. Remove the trash/debris.
The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a
erosive gullies have formed. ground cover and water until it is established. Provide lime and a one-
time fertilizer application.
Vegetation is too short or too Maintain vegetation at a height of approximately six inches.
long.
Forebay Sediment has accumulated in Search for the source of the sediment and remedy the problem if
the forebay to a depth that possible. Remove the sediment and dispose of it in a location where it
inhibits the forebay from will not cause impacts to streams or the BMP.
Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or
riprap if needed to prevent future erosion problems.
Weeds are present. Remove the weeds, preferably by hand. If a pesticide is used,wipe it
on the plants rather than spraying.
The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off-site.
The pipe is cracked or Replace the pipe.
otherwise damaged.
Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion
swale. control devices such as reinforced turf matting or riprap to avoid future
problems with erosion.
-
Stone verge is clogged or Remove sediment and replace with clean stone.
covered in sediment(if
applicable).
SEP 2 3 2022
BY: •
FORM-EZ 4/21/20;

Stormwater Wetland Maintenance Re.uirements Continued
Deep.pool, shallow water Algal growth covers over 50% Consult a professional to remove and control the algal growth.
and shallow land areas of the deep pool and shallow
water areas.
Cattails, phragmites or other Remove invasives by physical removal or by wiping them with
invasive plants cover 50% of pesticide (do not spray)—consult a professional.
the deep pool and shallow
Shallow land remains flooded Unclog the outlet device immediately.
more than 5 days after a
storm event.
Plants are dead,diseased or Determine the source of the problem: soils, hydrology, disease, etc.
dying. Remedy the problem and replace plants. Provide a ore-time fertilizer
application to establish the ground cover if necessary.
Best professional practices Prune according to best professional practices.
show that pruning is needed
to maintain optimal plant
Sediment has accumulated Search for the source of the sediment and remedy the problem if
and reduced the depth to possible. Remove the sediment and dispose of it in a location where it
75% of the original design will not cause impacts to streams or the BMP.
Embankment A tree has started to grow on Consult a dam safety specialist to remove the tree.
the embankment.
An annual inspection by Make all needed repairs.
appropriate professional
shows that the embankment
Evidence of muskrat or Consult a professional to remove muskrats or beavers.
beaver activity is present.
Micropool Sediment has accumulated Search for the source of the sediment and remedy the problem if
and reduced the depth to possible. Remove the sediment and dispose of it in a location where it
75% of the original design will not cause impacts to streams or the BMP.
The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site.
The outlet device is damaged Repair or replace the outlet device.
The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural
damage have occurred at the Resources Regional Office.
outlet.
::fi...„.............. .,.,,,
SEP232022
BY
-------------
IORM-EZ 4/2 i/2O

Wet Detention Pond Maintenance Requirements
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if
one is provided.
Important maintenance procedures:
Immediately after the wet detention basin is established,the plants on the vegetated shelf and perimeter of the
-
basin should be watered twice weekly if needed, until the plants become established (commonly six weeks).
No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to
-
establish the plants on the vegetated shelf.
Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention
- basin.
If the basin must be drained for an emergency or to perform maintenance,the flushing of sediment through the
emergency drain should be minimized to the maximum extent practical.
- Once a year, a dam safety expert should inspect the embankment.
After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event
greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a
known set location and must be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.
BMP element: Potential problem: How I will remediate the problem:
The entire BMP Trash/debris is present. Remove the trash/debris.
The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully,and then plant a
erosive gullies have formed. ground cover and water until it is established. Provide lime and a one-
time fertilizer application.
Vegetation is too short or too Maintain vegetation at a height of approximately six inches.
long.
The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off-site.
The pipe is cracked or Replace the pipe.
otherwise damaged.
Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion
swale. control devices such as reinforced turf matting or riprap to avoid future
problems with erosion.
Stone verge is clogged or Remove sediment and replace with clean stone.
covered in sediment(if
applicable).
The forebay Sediment has accumulated to Search for the source of the sediment and remedy the problem if
a depth greater than the possible. Remove the sediment and dispose of it in a location where it
original design depth for will not cause impacts to streams or the BMP.
sediment storage.
Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or
riprap if needed to prevent future erosion problems.
Weeds are present. Remove the weeds, preferably by hand. If pesticide is used,wipe it on
the plants rather than spraying.
The vegetated shelf Best professional practices Prune according to best professional practices
show that pruning is needed
111*-^'"'..•1.., --�. to maintain optimal plant
�' " Aw health.
SEP Z 3 2022 Plants are dead,diseased or Determine the source of the problem: soils, hydrology, disease, etc.
dying. Remedy the problem and replace plants. Provide a one-time fertilizer
fly. application to establish the ground cover if a soil test indicates it is
necessary.
Weeds are present. Remove the weeds, preferably by hand. If pesticide is used,wipe it on
the plants rather than spraying.
FORM-EZ 4121120;

Wet Detention Pond Maintenance Requirements(Continued)
The main treatment area Sediment has accumulated to Search for the source of the sediment and remedy the problem if
a depth greater than the possible. Remove the sediment and dispose of it in a location where it
original design sediment will not cause impacts to streams or the BMP.
storage.depth.._
Algal growth covers over 50% Consult a professional to remove and control the algal growth.
of the area.
Cattails, phragmites or other Remove the plants by wiping them with pesticide (do not spray).
invasive plants cover 50% of
the basin surface.
The embankment Shrubs have started to grow Remove shrubs immediately.
on the embankment.
Evidence of muskrat or Use traps to remove muskrats and consult a professional to remove
beaver activity is present. beavers.
A tree has started to grow on Consult a dam safety specialist to remove the tree.
the embankment.
An annual inspection by an Make all needed repairs.
appropriate professional
shows that the embankment
needs repair. (if applicable)
The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site.
The outlet device is damaged Repair or replace the outlet device.
The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural
damage have occurred at the Resources Regional Office.
outlet.
The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not
readily penetrate into accumulated sediments.
fiv ,ram;
SEP 2 3 2022
8Y
CORM-EZ 4/21/20:

Wet Detention Pond Desi!n Somme
WET POND ID FOREBAY MAIN POND
Pond 1A Normal Pool El. 27-.83 Normal Pool El. 27.83
Temporary Pool El: 28.5 Temporary Pool El: 28.5
Pretreatment other No Clean out depth: 1 Clean out depth: 1
than forebay? Sediment Storage El: 24 Sediment Storage El: 24
Has Veg. Filter? No Bottom El: 23 Bottom El: 23
WET POND ID FOREBAY MAIN POND
Pond 1 B Normal Pool El. 30.75 Normal Pool El. 30.75
Temporary Pool El: 31 Temporary Pool El: 31
Pretreatment other No Clean out depth: 1 Clean out depth: 1
than forebay? Sediment Storage El: 27 Sediment Storage El: 27
Has Veg. Filter? No Bottom El: 26 Bottom El: 26
WET POND ID FOREBAY MAIN POND
Pond 2 Normal Pool El. 28.33 ' Normal Pool El. 28.33
Temporary Pool El: 29.25 Temporary Pool El: 29.25
Pretreatment other No Clean out depth: 1 Clean out depth: 1
than forebay? Sediment Storage El: 25 Sediment Storage El: 25
Has Veg. Filter? Yes Bottom El: 24 Bottom El: 24
SEP 13 2022
Ely:
CORM-EZ
^_„_, 4/21/20:

P-D6e.0 CR-Q.
111111III IIII11111111111110111111I 1286, ?p°5ss;41 23
.a0m
Brunswick County, NC Register of Deeds page t of 4 ■ `E.
Clt •44-5Cssh
Rc'und: . _. .• • _____Finance
Finance
C Nuns r.:;.v... ..... w.condion
of ong.'1al
C Document c..,,•- •': -e origlnal
instrument r or copied.
WARRANTY DEED
WE PREPARED THE DEED IN THIS TRANSACTION,BUT WE MADE NO EXAMINATION OF TITLE
TO THE PROPERTY AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY.
Prepared by: MURCHISON,TAYLOR,&GIBSON,P.L.L.C.
16 North Fifth Avenue,Wilmington,NC 28401
NORTH CAROLINA PARCEL:
BRUNSWICK COUNTY REVENUE STAMPS: $0.00
THIS WARRANTY DEED, made this I 98 day of , 2008, by
and between XDV, Inc., a North Carolina corporation ("GRANTOR"), and Palmetto Creek
POA, Inc., whose address is Post Office Box 1967, Wilmington, North Carolina 28402
(-GRANTEE").I'EE"). 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
WITNESSETH THAT:
WHEREAS, GRANTOR is the Declarant named in the Master Declaration of
Protective Covenants For Palmetto Creek recorded in Book 2234 Page 1195, Brunswick County
Registry(as heretofore or hereafter amended from time 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 of its Members, subject to any restrictions set forth in the
Declaration and in the deed.
AND WHEREAS, GRANTOR desires to convey to 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 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 in Exhibit A hereto, together with all structures, buildings, parking areas,
landscaping, fixtures and other improvements placed,constructed, installed or situated on such
property(collectively,the"Property"):
SUBJECT TO the Master Declaration of Protective Covenants for Palmetto Creek
recorded in Book 2324, Page 1195 of the Brunswick County Registry and all amcndments
thereto; all easements, rights of way and restrictions of record; all governmental land use
statutes,ordinances and regulations, including zoning,subdivision and building regulations;and
ad valorem taxes for the current and subsequent years.
The Property described herein is hereby designated as Common,n At pursuant to the
provisions of the Declaration,and shall be for the sole and exclusive use of the and benefit of the
81813.3

IIIII IIII III I11III I1111II11I 11 I11111 B2867 P0570
2 051 e 11.
Dad Brunswick County, NC Register of s mmons 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 HOLD the above granted and described Property, together
with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto
belonging,or in anywise appertaining unto the GRANTEE,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 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 will and its successors and assigns shall warrant and defend
the title to the same against the lawful claims and demands of any and 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.
BY: TIC ree--4 C. —
NAME: ROBELT C.G�EXUI7J
TITLE: 672E3/DENT
STATE OF NORTH CAROLINA
COUNTY OF ,15,p////SLl1/fyC
(County where acknowledgment taken)
•
I, p/ /E /1. sit G ' 17 , a Notary Public in and for
NC-t!� h�tIi/D 2 County,North Carolina,certify that RDBEATC.G.Exam
personally came before me this day and acknowledged that he/she is P SJP6cT
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 PRES/Dt4'ti7
sat
WITNESS my hand and official seal this /9 day of ,2008.
m..
Notary'Public
My commission expires:
srek
$ NOTARY
kk PUBLIC 4
\Sf,.- JvE cP
4"NM111111Na1
81813.3

111111111111111IIII11111111III IIIIII a E P. z mm
Brunswick County, NC Register of Deeds page 3 of 4
EXHIBIT A
Tract 1:
BEING all of that property shown as"Common Area/Stormwater Pond 302,729 sq.ft.,6.95 1Tt
Acres±"on that map entitled"Palmetto Creek of the Carolinas Common Area/Stormwater Pond 1(1
302,729 sq.ft.,6.95 Acres±"recorded in Map Cabinet _,4; Page :tt;8 in the Brunswick County
Registry,reference to said map is hereby made for a more particular description.
(Tax Parcel#185FA00103)
Tract 2:
BEING all of that property shown as"Common Area 19,317 sq.ft.,0.44 Acres±"on that map
entitled"Palmetto Creek of the Carolinas Section One"recorded in Map Cabinet 34,Page 305 in
the Brunswick County Registry;and that property shown as"Common Area 24,764 sq.ft.,0.57 0,014
AN
Acres±"on that map entitled"Palmetto Creek of the Carolinas Section One"recorded in Map
Cabinet 34. Pa ya 'Mai in the Brunswick County 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:
BEING all of that property shown as "Common Area 115,119 sq.ft., 2.64 As'i'3 1" en brat
map entitled"Palmetto Creek of the Carolinas Section Four"recorded in Map Cabinet 34,Page
371 in the Brunswick County Registry, reference to said map is hereby made for a moreeh
particular description. \' " .tpi J
(Tax Parcel#185CB00106)
Tract 4:
BEING all of that property shown as"Common Area 94,355 sq.ft,2.17 Acres±,""Common
Area 4,243 Sq.ft.,0.10 Acres f"and"Common Area 12,413 sq.ft.,0.28 Acres±" on that 3 q
map entitled"Palmetto Creek of the Carolinas Section Four"recorded in Map Cabinet 34, Page I` Lk
.mom
370 in the Brunswick County Registry, reference to said map is hereby for a more , a
particular description. �l'
(Tax Parcel#185CB00104,Tax Parcel#185CB00103,Tax Parcel#185CB00105)
Tract 5:
BEING all of that property shown as"Common Area 34,196 sq.ft.,0.79 Acres±"on that map k J
entitled"Palmetto Creek of the Carolinas Section Four"recorded in Map Cabinet 34,Page 369
in the Brunswick County Registry,reference to said map is hereby made for a more particular
description.
(Tax Parcel#185CB00102)
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., 0.10 Acres ±" on that map entitled "Palmetto Creek of the
Carolinas Section Two "A"" recorded in Map Caliinet 'A, Page 333 in the Brunswick County
Registry,reference to said map is hereby made for a more particular description.
(Tax Parcel#185CA00101)
Tract 7:
BEING all of that property shown as "Common Area Stormwater Pond 29,883 sq. ft.,0.69 i\V
Acres±"on that map entitled"Palmetto Creek of the Carolinas Section Three"recorded in Map a
Cabinet 3. , Page 113 in the Brunswick County Registry,reference to said map is hereby made /' 't(jN '��
fora mote particular description.
(Tax Parcel#185BB00104)
ay ur,
81813.3
SEP232022
BY

1I1
1
1
1
01111111111111111111111111 F861 P057212 -20 amm
Brunswick County, NC Register 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 k.aiNi
entitled"Palmetto Creek of the Carolinas Section Three"recorded in Map Cabinet 35,Page 112 'L.
in the Brunswick County Registry, reference to said map is hereby made for a more particular
description.
(Tax Parcel# 185BB00101)
Tract 9:
BEING all of that property shown as "Common Area 6,162 sq. ft. 0.14 Acres ±" and
"Common Area 21,298 sq. ft., 0.49 Acres ±" on that map entitled "Palmetto Creek of the k
Carolinas Section Three" recorded in Map Cabinet 35, Pages 112 and 113 in the Brunswick
County Registry,reference to said map is hereby made for a more particular description.
(Tax Parcel#185BB00102)
Tract 10:
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 f" on that map entitled "Palmetto Creek of the
Carolinas Section Three" recorded in Map Cabinet 35, Pages 112 and 113 in the Brunswick X�
County Registry,reference to said map is hereby made for a more particular description.
(Tax Parcel#185BB00103)
Tract 11:
BEING all of that property shown as"Common Area 65,252 sq.ft.,1.50 Acres±"on that map °RC'
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:
BEING all of that property shown as"Common Area 75,009 sq.ft.,1.72 Acres±"on that map
entitled"Palmetto Creek of the Carolinas Section Two"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 shown as"Common Area 16,683 sq.ft.,0.38 Acres±,""Common . 34\8 4Kw
Area 52,237 sq.ft., 1.20 Acres ±" and"Common Area 30,612 sq.ft.,0.70 Acres±" on that
map entitled"Palmetto Creek of the Carolinas Section 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:
BEING all of that property shown on"Common Area 13,024 sq.ft.,0.30 Acres±"on that map
entitled"Palmetto Creek of the Carolinas Section Two"recorded in Map Cabinet 34,Page 235;
that property shown as "Common Area 19,167 sq. 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)
81813.3

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Hall, Christine
From: Hall, Christine
Sent: Wednesday, November 30, 2022 1:45 PM
To: [e-mail]; [e-mail];[e-mail]
Cc: Johnson, Kelly
Subject: SW8 050239 Palmetto Creek of the Carolinas
All,
Please be aware that this project has been re-assigned to Kelly Johnson (cc'ed)for review. She will advise if additional
information is necessary.
Christine Hall, PE(she/her/hers)
Wilmington Regional Storm water Program Supervisor
Division of Energy, Mineral and Land Resources—State Stormwater Program
North Carolina Department of Environmental Quality
Office: [phone]
Address: 127 Cardinal Drive Ext.,Wilmington, NC 28405
[e-mail]
111:11EQ.4.5)
r,.r�r ,x,:.
0.90 d�rnt of i-MNw'+ot+I JSusht
Emwil correspondence to and from this addres is
Ncr:h Carolina Public Records Law end may ba
1

Permit Transfer Checklist
Option#1: Both the Current and Proposed Permittees Signed the Application
-Moo. ko.. REVIEWER NAME-DATE OF REVIEW 1!,r7, Z
1. Permit Number: 5 o S'o 3 t
J& 9 SW8 O 4.o Z 3 9
2. Project Name: �,,i1 e44 o C�.ulE=, •( 44,4 C•.co l i ,as
3. Most Recent Issue Date: 9 I,.o 1 aL
4. Expiration Date: 07/27
5. Session Law Extension Previously Issued (yJN):
6. Proposed Permittee: Nose e, 4ee1/4foA , Inc.
a. Secretary of State(SoS)is Active(Y/N):
b. SoS Current Person: gedinti i ec5 tern, f res liJercf
c. Original Signature w/Signature Authority/N):
d. Deed Submitted Showing Owner(Y/N):
e. Permittee is Developer or Purchaser? (which one?):
i. Deed showing Property Owner(YIN):
ii. If Developer, Development Agreement(Y/N):
iii. If Purchaser, Purchase Agreement(Y/N):
f. Want to Accept"As-Is"(Y/N):
i. Plan of Action on File(YIN):
ii. Schedule for Plan of Action(Y/N):
7 Property Owner(Only if Proposed Permittee is the Developer or Purchaser):
SoS is Active(YIN):
b. SoS Current Person:
c. Original Signature w/Signature Authority(YIN):
8. Current Permittee: X fhv , Tnc.
a. SoS is Active(YIN):
b. SoS Current Person: R4,g E C t
c. Original Signature with Signature Authority):
9. Transfer to HOA: Session Law 2011-256
a. Correct type of project(Y/N):
b. Three criteria for transferring to HOAs:
i. 50%lots are sold to individuals(YIN):
ii. Common area transferred to HOA(see compliance):
iii. Permit is in compliance(see compliance):
c. HOAs, Transfer Documents Needed:
i. HOA is Viable(Y/N):
ii. Election Meeting Minutes(Y/N):
iii. Contact Information for HOA(Y/N):
1. Property Manager:
2. President or VP:
10. Compliance:
a. File Review Inspection Documents:
i. Deed for Common Areas(Y/N):
ii. Recorded Deed Restrictions (YIN):
iii. O&M(Y/N):
iv. PE Certification:
v. BUNLot Summary:
b. Letter: If there are items to fix in the field,ask them to send pictures of the finished product with their resubmittal.
c. Field Inspection:
i. Inspector:
ii. Date:
iii. Issues/Actions Needed:

Permit Transfer Checklist
Option#2: Only the Current Permittee Signed the Application (to an HOA/POA without their Signature)
REVIEWER NAME—DATE OF REVIEW
1. Permit Number: SW8
2. Project Name: 5
3. Most Recent Issue Date:
4. Expiration Date: q
•
5. Session Law Extension Previously Issued (Y/N):
6. Proposed Permittee: •
a. Secretary of State(SoS) is Active:
a. SoS Current Person: ••
b. Deed Submitted Showing Owner(Y/N):
7. Current Permittee:
a. SoS is Active(Y/N):
b. SoS Current Person:
c. Original Signature with Signature Authority(Y/N):
8. Transfer to HOA/POA: Session Law 2011-256
a. It is an HOA or POA?
b. Correct type of project:
c. Three criteria for transferring to HOAs:
i. 50%lots are sold to individuals(YIN):
ii. Common area transferred to HOA(Y/N):
iii. Permit is in compliance(Y/N):
d. HOAs, Transfer Documents Needed:
i. HOA is Viable(Y/N): •
ii. Election Meeting Minutes(YIN):
iii. Contact Information for HOA(YIN):
a. Property Manager:
b. President or VP:
9. Compliance:
a. File Review Inspection Documents:
i. Deed for Common Areas(YIN):
ii. Recorded Deed Restrictions(Y/N):
iii. O&M(YIN):
iv. PE Certification:
v. BUA/Lot Summary:
b. Letter: If there are items to fix in the field, ask them to send pictures of the finished product with their resubmittal.
a. Field Inspection:
i. Inspector:
ii. Date:
iii. Issues/Actions Needed:

'[1,.►y appl:ca�:o.., a'oty 5kg.,LAsei t2/tLiz2
1 Central Files: APS _ SWP
t oC IQ T C v1 e '�4 .
11/16/2022
Permit Number SW8050239 Permit Tracking Slip
Program Category Status Project Type
State SW In review Major modification
Permit Type Version Permit Classification
State Stormwater Individual
Primary Reviewer Permit Contact Affiliation
thom.edgerton
Coastal SWRule
Permitted Flow
Facility G. . .rJ 1-4 j.; 33 5' 1 ' S I ` 78 13 Z. I
Facility Name Major/Minor Region
Palmetto Creek of the Carolinas Minor Wilmington
Location Address County
1500 NC Hwy NC 211 Se Brunswick
Facility Contact Affiliation
Bolivia NC 28422
Owner
Owner Name Owner Type
Xdv Inc Non-Government
Owner Affiliation
Bert Exum
President
PO Box 1967
Dates/Events Wilmington NC 28402191
Scheduled
Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration
6/7/2005 9/23/2022
Regulated Activities Requested/Received Events
State Stormwater-HD-Detention Pond
State Stormwater-HD-Infiltration
Outfall
Waterbody Name Streamindex Number Current Class Subbasin

LEVEL SPREADERS, FILTER STRIPS AND RESTORED RIPARIANBUFFERS: Cs)
0 & M Inspection Report $e�l� 5L-4.2 1.4 foe
YES NO N/A NErLAME 11
1. The flow splitter device is free of clogs or damage: ❑ ❑ ❑ ❑
2. Stormwater bypass is installed: ❑ ❑ ❑ ❑
3. Orifice size/weir heights match approved plans: ❑ ❑ ❑ ❑
4. Turf reinforcement and rip rap are in good condition and the correct location: ❑ ❑ ❑ ❑
5. Bypass channel is free of bare areas and erosion: ❑ ❑ ❑ ❑
illter Strip/ Level Lip _ — ,
6. Level lip is in good condition (has not settled, been undercut, or eroded): ❑ ❑ ❑ ❑
7. Filter Strip/ Level Lip is free of areas of bare soil, erosion or gullies: ❑ ❑ ❑ ❑
8. Filter Strip is free of excessive sediment accumulation: ❑ ❑ ❑ ❑
9. Swale is free of excessive (covers grass, "4in. or more) sediment accumulation: ❑ n ❑ ❑
10. Level spreader is located as per the approved plans and is the correct length: ❑ ❑ ❑
11. Filter strip is densely vegetated: ❑ ❑ ❑ ❑
12. Filter strip grass is maintained at a height of 3 to 6 inches: ❑ ❑ ❑ ❑
13. Plants are healthy and are being maintained: ❑ ❑ ❑ ❑
14. Down-slope area of the level lip is free of trees or shrubs: ❑ ❑ ❑ ❑
15. Nuisance or invasive vegetation has been properly removed: ❑ ❑ ❑ ❑
Outlet 11
-
16. Outlet is free of erosion, clogs or damage: ❑ ❑ ❑ ❑
17. Level spreader end is free of erosion: ❑ ❑ ❑ ❑
V3.3_09

LEVEL SPREADERS, FILTER STRIPS AND RESTORED RIPAIIA BUFFERS: CI)
0 &M Inspection Report a elk 1'o 5tJ-r'.Z 1.4 4.7-
YES NO N/A NE
1. The flow splitter device is free of clogs or damage: ❑ ❑ ❑ I—I
2. Stormwater bypass is installed: ❑ ❑ ❑ ❑
3. Orifice size/weir heights match approved plans: ❑ ❑ ❑ ❑
4. Turf reinforcement and rip rap are in good condition and the correct location: ❑ ❑ ❑ ❑
5. Bypass channel is free of bare areas and erosion: ❑ ❑ ❑ ❑
Filter,'Strip/ Level Lip 6. Level lip is in good condition (has not settled, been undercut, or eroded): ❑ ❑ ❑ ❑
7. Filter Strip/ Level Lip is free of areas of bare soil, erosion or gullies: ❑ ❑ ❑ ❑
8. Filter Strip is free of excessive sediment accumulation: ❑ ❑ ❑ ❑
9. Swale is free of excessive (covers grass, "4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
10. Level spreader is located as per the approved plans and is the correct length: ❑ ❑ ❑ ❑
- AVON
11. Filter strip is densely vegetated: ❑ ❑ ❑ ❑
12. Filter strip grass is maintained at a height of 3 to 6 inches: ❑ ❑ ❑ ❑
13. Plants are healthy and are being maintained: ❑ ❑ ❑ ❑
14. Down-slope area of the level lip is free of trees or shrubs: ❑ ❑ ❑ ❑
15. Nuisance or invasive vegetation has been properly removed: ❑ ❑ ❑ ❑
•.. S
16. Outlet is free of erosion, clogs or damage: ❑ ❑ ❑ ❑
17. Level spreader end is free of erosion: ❑ ❑ ❑ ❑
V3.3 09

NC Division of Energy, Mineral, and Land Resources
Operation & Maintenance Inspection Form —Wet Pond ( 3\
Project name: r 1' Permit number: Inspection date:
Cw 4 C� v�.t reep [7+C' T m.a.rb 4 Drovvr
Street address: City: State and ZIP code:
Name of inspector: Phone number: Email address:
Required forebay depth: Measured forebay depth: Required main pool depth: Measured main pool depth:
Description of SCM location on the project:
Signature of Inspector certifying that the information provided in this form is complete and correct:
Stormwater Collection System and Accessibility
1. Swales are free from blockage and erosion. Yes 0 No ❑ N/A 0
2. Grates,gutters,curb openings, and pipes appear free from damage and clogs. Yes 0 No ❑ N/A 0
3. Wet pond is accessible for inspection. Yes❑ No 0 N/A ❑
Inlets)and Forebay
4. Inlet(s)are free from damage, clogs, and erosion. Yes 0 No 0 N/A 0
5. Forebay berm is stable and not eroding. Yes 0 No ❑ N/A 0
6. Algal growth covers<50%of the surface area. Yes ❑ No ❑ N/A❑
7. Cattails, phragmites,or other invasive plants cover< 10%of the surface area. Yes 0 No ❑ N/A 0
8. Forebay is free from trash and debris. Yes ❑ No 0 N/A ❑
9. Forebay is at least 2 feet deep. Yes❑ No ❑ N/A ❑
Perimeter,Embankment,and Side Slopes
10. Perimeter is free from water quality impacts caused by geese and ducks. Yes 0 No ❑ N/A 0
11. Embankment is free from woody shrubs and trees. Yes ❑ No 0 N/A❑
12. Side slopes are stable,vegetated, and free from erosion/bare soil. Yes ❑ No ❑ N/A ❑
13. Side slopes are free from trash and debris. Yes 0 No ❑ N/A 0
14. Side slopes are free from muskrat and/or beaver activity. Yes❑ No ❑ N/A ❑
Main Pool
15. Vegetated shelf is covered with healthy vegetation and free from erosion. Yes 0 No 0 N/A ❑
16. Algal growth covers< 20%of the surface area. Yes ❑ No ❑ N/A❑
17. Cattails, phragmites,or other invasive plants cover<10%of the surface area. Yes❑ No ❑ N/A❑
18. Main pool is free from trash and debris. Yes 0 No ❑ N/A❑
19. Measured main pool depth>required main pool depth. Yes ❑ No ❑ N/A❑
20. Fountain is not causing sedimentation problems in the pond. Yes ❑ No ❑ N/A❑
_Outlet Deviceisj,.11.111 ;: . a. ;__�
21. Emergency bypass and/or bypass swale is clearly visible and in good condition. Yes 0 No ❑ N/A ❑
22. Outlet structure is free from damage,clogs,and erosion. Yes ❑ No ❑ N/A ❑
23. Water level matches the level of the lowest outlet. Yes 0 No 0 N/A 0

to a ire for rartiOlaantrOfporrnittee to complete):

NC Division of Energy, Mineral, and Land Resources
Operation & Maintenance Inspection Form —Wet Pond ( 3 )
Project name: 1 i Permit number: Inspection date:
-oj
; ,L1 u�.t 4-1-42 Q rt 4Le t�CCart) S 7w ea oroi r
Street address: City: State and ZIP code:
Name of inspector: Phone number: Email address:
Required forebay depth: Measured forebay depth: Required main pool depth: Measured main pool depth:
Description of SCM location on the project:
Signature of Inspector certifying that the information provided in this form is complete and correct:
Stormwatei-Collection System and Accessibrnly
1. Swales are free from blockage and erosion. Yes ❑ No 0 N/A 0
2. Grates,gutters,curb openings, and pipes appear free from damage and clogs. Yes ❑ No 0 N/A❑
3. Wet pond is accessible for inspection. Yes 0 No ❑ N/A❑
S and Forebay
4. Inlet(s)are free from damage, clogs, and erosion. Yes 0 No ❑ N/A❑
5. Forebay berm is stable and not eroding. Yes ❑ No 0 N/A❑
6. Algal growth covers<50%of the surface area. Yes ❑ No ❑ N/A❑
7. Cattails, phragmites,or other invasive plants cover< 10%of the surface area. Yes 0 No ❑ N/A❑
8. Forebay is free from trash and debris. Yes ❑ No ❑ N/A 0
9. Forebay is at least 2 feet deep. Yes ❑ No 0 N/A❑
Perimeter,Embankment,and Side Slopes
10. Perimeter is free from water quality impacts caused by geese and ducks. Yes ❑ No 0 N/A❑
11. Embankment is free from woody shrubs and trees. Yes ❑ No ❑ N/A❑
12. Side slopes are stable,vegetated,and free from erosion/bare soil. Yes 0 No ❑ N/A❑
13. Side slopes are free from trash and debris. Yes ❑ No ❑ N/A 0
14. Side slopes are free from muskrat and/or beaver activity. Yes ❑ No ❑ N/A❑
Main Pool
15. Vegetated shelf is covered with healthy vegetation and free from erosion. Yes 0 No ❑ N/A❑
16. Algal growth covers<20%of the surface area. Yes ❑ No 0 N/A❑
17. Cattails, phragmites, or other invasive plants cover< 10%of the surface area. Yes ❑ No ❑ N/A❑
18. Main pool is free from trash and debris. Yes ❑ No ❑ N/A ❑
19. Measured main pool depth> required main pool depth. Yes ❑ No El N/A❑
20. Fountain is not causing sedimentation problems in the pond. Yes ❑ No 0 N/A El
Outlet Deuic . -
21. Emergency bypass and/or bypass swale is clearly visible and in good condition. Yes ❑ No ❑ N/A❑
22. Outlet structure is free from damage,clogs, and erosion. Yes ❑ No ❑ N/A❑
23. Water level matches the level of the lowest outlet. Yes 0 No 0 N/A 0

Action Kan t+ address any Asa listed above,including dates for completion ico`r pennittee to complete): ". ,

NC Division of Energy, Mineral,and Land Resources
Operation & Maintenance Inspection Form —Wet Pond ( 3,
Project name: r 11`` n Permit number: Inspection date:
1�..1,�.�44. Grree)C v c Atu.lire wta►f 5w 8 orovvi
Street address: City: State and ZIP code:
Name of inspector: Phone number: Email address:
Required forebay depth: Measured forebay depth: Required main pool depth: Measured main pool depth:
Description of SCM location on the project:
Signature of Inspector certifying that the information provided in this form is complete and correct:
Stormwater Collection System and Accessibility
1. Swales are free from blockage and erosion. Yes ❑ No ❑ N/A❑
2. Grates,gutters,curb openings,and pipes appear free from damage and clogs. Yes ❑ No ❑ N/A❑
3. Wet pond is accessible for inspection. Yes❑ No ❑ N/A❑
Inlets)and Forebay Wir
4. Inlet(s)are free from damage, clogs,and erosion. Yes 0 No 0 N/A❑
5. Forebay berm is stable and not eroding. Yes ❑ No ❑ N/A 0
6. Algal growth covers<50%of the surface area. Yes ❑ No ❑ N/A❑
7. Cattails, phragmites,or other invasive plants cover< 10%of the surface area. Yes❑ No 0 N/A❑
8. Forebay is free from trash and debris. Yes❑ No ❑ N/A❑
9. Forebay is at least 2 feet deep. Yes❑ No ❑ N/A 0
Perimeter, Embankment,and Side Mopes
10. Perimeter is free from water quality impacts caused by geese and ducks. Yes ❑ No ❑ N/A 0
11. Embankment is free from woody shrubs and trees. Yes ❑ No ❑ N/A❑
12. Side slopes are stable,vegetated, and free from erosion/bare soil. Yes 0 No ❑ N/A❑
13. Side slopes are free from trash and debris. Yes 0 No ❑ N/A❑
14. Side slopes are free from muskrat and/or beaver activity. Yes ❑ No ❑ N/A❑
Main Pool
15. Vegetated shelf is covered with healthy vegetation and free from erosion. Yes ❑ No ❑ N/A 0
16. Algal growth covers<20%of the surface area. Yes ❑ No ❑ N/A❑
17. Cattails, phragmites,or other invasive plants cover<10%of the surface area. Yes ❑ No ❑ N/A❑
18. Main pool is free from trash and debris. Yes ❑ No ❑ N/A❑
19. Measured main pool depth >required main pool depth. Yes ❑ No ❑ N/A ❑
20. Fountain is not causing sedimentation problems in the pond. Yes❑ No 0 N/A❑
21. Emergency bypass and/or bypass swale is clearly visible and in good condition. Yes❑ No ❑ N/A❑
22. Outlet structure is free from damage, clogs, and erosion. Yes ❑ No ❑ N/A❑
23. Water level matches the level of the lowest outlet. Yes 0 No 0 N/A ❑

Action Plan to address any"Neeleigittai above,inchaAng dates for can far permittee to cc sp€e..

NC Division of Energy, Mineral,and Land Resources
Operation & Maintenance Inspection Form —Wet Pond ( 3
Project name: Permit number: Inspection date:
Street address: City: State and ZIP code:
Name of inspector: Phone number: Email address:
Required forebay depth: Measured forebay depth: Required main pool depth: Measured main pool depth:
Description of SCM location on the project:
Signature of Inspector certifying that the information provided in this form is complete and correct:
5torrnwater Codeillon System and Accessiibifiilw
1. Swales are free from blockage and erosion. Yes 0 No ❑ N/A LI
2. Grates,gutters,curb openings,and pipes appear free from damage and clogs. Yes ❑ No ❑ N/A❑
3. Wet pond is accessible for inspection. Yes ❑ No ❑ N/A❑
Ls, ;and Forebay
4. Inlet(s)are free from damage, clogs, and erosion. Yes❑ No ❑ N/A❑
5. Forebay berm is stable and not eroding. Yes 0 No ❑ N/A 0
6. Algal growth covers<50%of the surface area. Yes ❑ No ❑ N/A❑
7. Cattails, phragmites,or other invasive plants cover< 10%of the surface area. Yes❑ No ❑ N/A❑
8. Forebay is free from trash and debris. Yes ❑ No ❑ N/A❑
9. Forebay is at least 2 feet deep. Yes ❑ No ❑ N/A❑
Perimeter,Embankment,and Side Slopes
10. Perimeter is free from water quality impacts caused by geese and ducks. Yes ❑ No 0 N/A❑
11. Embankment is free from woody shrubs and trees. Yes ❑ No ❑ N/A❑
12. Side slopes are stable,vegetated,and free from erosion/bare soil. Yes 0 No 0 N/A❑
13. Side slopes are free from trash and debris. Yes 0 No ❑ N/A❑
14. Side slopes are free from muskrat and/or beaver activity. Yes ❑ No ❑ N/A❑
Main Pool
15. Vegetated shelf is covered with healthy vegetation and free from erosion. Yes ❑ No ❑ N/A❑
16. Algal growth covers<20%of the surface area. Yes ❑ No ❑ N/A❑
17. Cattails, phragmites,or other invasive plants cover< 10%of the surface area. Yes ❑ No ❑ N/A❑
18. Main pool is free from trash and debris. Yes ❑ No ❑ N/A ❑
19. Measured main pool depth>required main pool depth. Yes ❑ No ❑ N/A❑
20. Fountain is not causing sedimentation problems in the pond. Yes ❑ No 0 N/A f_.7
Outlet Darla .;
21. Emergency bypass and/or bypass swale is clearly visible and in good condition. Yes ❑ No ❑ N/A❑
22. Outlet structure is free from damage,clogs, and erosion. Yes ❑ No ❑ N/A❑
23. Water level matches the level of the lowest outlet. Yes 0 No 0 N/A 0

NC Division of Energy, Mineral,and Land Resources
Operation & Maintenance Inspection Form —Stormwater Wetland (5)
Project name,:1 Permit number: Inspection date:
iPA w.c 4D rCAV Ar Y Ant laCo`s, SW o5 o z 3
Street address: City: State and ZIP code:
Name of inspector: Phone number: Email address:
Description of SCM location on the project:
Signature of Inspector certifying that the information provided in this form is complete and correct:
Stormwater Collection System and Accessibility
1. Swales are free from blockage and erosion. Yes ❑ No ❑ N/A El
2. Grates,gutters,curb openings,and pipes appear free from damage and clogs. Yes ❑ No 0 N/A❑
3. The stormwater wetland is accessible for inspection. Yes 0 No ❑ N/A 0
Inlet(s)and Forebay
4. Inlet(s) are free from damage, clogs, and erosion. Yes 0 No ❑ N/A El
5. Forebay berm is stable and not eroding. Yes ❑ No ❑ N/A❑
6. Cattails, phragmites or other invasive plants cover< 10%of the surface area. Yes El No ❑ N/A❑
7. Forebay is free from trash and debris. Yes El No ❑ N/A❑
8. Forebay is at least 15 inches deep. Yes El No 0 N/A ❑
Perimeter,Embankment,and Side Slopes
9. Perimeter is free from water quality impacts caused by geese and ducks. Yes ❑ No 0 N/A El
10. Embankment is free from woody shrubs and trees. Yes 0 No 0 N/A El
11. Side slopes are stable,vegetated, and free from erosion/bare soil. Yes 0 No ❑ N/A 0
12. Side slopes are free from trash and debris. Yes ❑ No 0 N/A❑
13. Side slopes are free from muskrat and/or beaver activity. Yes El No 0 N/A El
Shallow Water and Temporary Inundation Zone(s)
14. Shallow water/temporary inundation zones are covered with healthy vegetation. Yes 0 No ❑ N/A❑
15. Shallow water and temporary inundation zones are free from erosion. Yes 0 No ❑ N/A El
16. Cattails, phragmites or other invasive plants cover< 10%of the surface area. Yes ❑ No ❑ N/A❑
17. Temporary inundation zones are drained within 5 days after a storm event. Yes ❑ No ❑ N/A❑
18. Shallow water and temporary inundation zones are free from trash and debris. Yes El No ❑ N/A❑
Deep Pools meefflimermeiereme
19. Deep pools are at least 15 inches deep. Yes El No ❑ N/A❑
20. Cattails, phragmites,or other invasive plants cover< 10%of the surface area. Yes El No El N/A ❑
21. Deep pools are free from trash and debris. Yes ❑ No ❑ N/A❑
22. Standing water is present in deep pools.
Yes El No ❑ N/A❑
23. Deep pool adjacent to the outlet structure is free of vegetation. Yes 0 No 0 N/A 0

Outlet Device(s) —41.1111111111.11.
24. Emergency bypass and/or bypass swale is clearly visible and in good condition. Yes ❑ No ❑ N/A ❑
25. Outlet structure is free from damage,clogs,and erosion. Yes ❑ No ❑ N/A❑
26. Water level matches the level of the lowest outlet. Yes ❑ No ❑ N/A❑
Action Plan to address any"Nos"listed above,including dates for completion(for permittee to complete):

NC Division of Energy, Mineral,and Land Resources
Operation & Maintenance Inspection Form —Stormwater Wetland (5)
Project name:t1 r +{ Permit number: Inspection date:
s. vtA t 4e) C r tee. O C 1L Ca rok a.g SW o 5 0 2 3 9
Street address: City: State and ZIP code:
Name of inspector: Phone number: Email address:
Description of SCM location on the project:
Signature of Inspector certifying that the information provided in this form is complete and correct:
Stermwater Collection System and Accessibility
1. Swales are free from blockage and erosion. Yes ❑ No ❑ N/A 0
2. Grates,gutters,curb openings, and pipes appear free from damage and clogs. Yes ❑ No ❑ N/A❑
3. The stormwater wetland is accessible for inspection. Yes 0 No 0 N/A❑
Wigs)and Forebay
4. Inlet(s) are free from damage, clogs,and erosion. Yes 0 No 0 N/A❑
5. Forebay berm is stable and not eroding. Yes ❑ No ❑ N/A❑
6. Cattails, phragmites or other invasive plants cover< 10%of the surface area. Yes ❑ No ❑ N/A❑
7. Forebay is free from trash and debris. Yes 0 No❑ N/A❑
8. Forebay is at least 15 inches deep. Yes ❑ No❑ N/A❑
Perimeter, Embankment,and Side Slopes
9. Perimeter is free from water quality impacts caused by geese and ducks. Yes ❑ No ❑ N/A❑
10. Embankment is free from woody shrubs and trees. Yes ❑ No ❑ N/A❑
11. Side slopes are stable,vegetated, and free from erosion/bare soil. YPs ❑ No❑ N/A❑
12. Side slopes are free from trash and debris. Yes ❑ No❑ N/A 0
13. Side slopes are free from muskrat and/or beaver activity. Yes ❑ No ❑ N/A❑
Shallow Water and Temporary Inundation Zone(s)
14. Shallow water/temporary inundation zones are covered with healthy vegetation. Yes ❑ No ❑ N/A❑
15. Shallow water and temporary inundation zones are free from erosion. Yes ❑ No ❑ N/A❑
16. Cattails, phragmites or other invasive plants cover< 10%of the surface area. Yes ❑ No ❑ N/A❑
17. Temporary inundation zones are drained within 5 days after a storm event. Yes 0 No❑ N/A❑
18. Shallow water and temporary inundation zones are free from trash and debris. Yes ❑ No ❑ N/A❑
19. Deep pools are at least 15 inches deep. Yes 0 No❑ N/A❑
20. Cattails, phragmites, or other invasive plants cover< 10%of the surface area. Yes ❑ No ❑ N/A❑
21. Deep pools are free from trash and debris. Yes ❑ No 0 N/A❑
22. Standing water is present in deep pools. Yes ❑ No ❑ N/A❑
23. Deep pool adjacent to the outlet structure is free of vegetation. Yes 0 No 0 N/A 0

Outlet ems)
24. Emergency bypass and/or bypass swale is clearly visible and in good condition. Yes ❑ No❑ N/A❑
25. Outlet structure is free from damage,clogs,and erosion. Yes ❑ No ❑ N/A❑
26. Water level matches the level of the lowest outlet. Yes ❑ No 0 N/A❑
aeon Plan to address an "'Nos"fi ., -
._ ..'� . :�,!.4 'motes for completion r �t�complz
1

NC Division of Energy, Mineral,and Land Resources
Operation & Maintenance Inspection Form —Stormwater Wetland (5)
Project name: /� '{ Permit number: Inspection date:
tPO.1 VA 4- 4p Creek ai r r 'fL C_La 0La.s SW o50 Z 3 q 1
Street address: City: State and ZIP code:
Name of inspector: Phone number: Email address:
Description of SCM location on the project:
Signature of Inspector certifying that the information provided in this form is complete and correct:
Stormwater Collection System and Accessibility
1. Swales are free from blockage and erosion. Yes 0 No ❑ N/A❑
2. Grates,gutters,curb openings, and pipes appear free from damage and clogs. Yes El No El N/A❑
3. The stormwater wetland is accessible for inspection. Yes 0 No El N/A❑
Inle004 and to ay
4. Inlet(s) are free from damage, clogs, and erosion. Yes 0 No ❑ N/A❑
5. Forebay berm is stable and not eroding. Yes El No El N/A El
6. Cattails, phragmites or other invasive plants cover< 10%of the surface area. Yes ❑ No 0 N/A 0
7. Forebay is free from trash and debris. Yes ❑ No 0 N/A❑
8. Forebay is at least 15 inches deep. Yes ❑ No 0 N/A Srimeter,Embankment,and Side Sianes.agu:_-..ms: - .. _...... .
9. Perimeter is free from water quality impacts caused by geese and ducks. Yes ❑ No❑ N/A❑
10. Embankment is free from woody shrubs and trees. Yes El No ❑ N/A❑
11. Side slopes are stable,vegetated,and free from erosion/bare soil. Yes El No El N/A El
12. Side slopes are free from trash and debris. Yes 0 No ❑ N/A El
13. Side slopes are free from muskrat and/or beaver activity. Yes ❑ No El N/A❑
nitallow Water and Temporary Inundation Zone(s) -
14. Shallow water/temporary inundation zones are covered with healthy vegetation. Yes ❑ No ❑ N/A❑
15. Shallow water and temporary inundation zones are free from erosion. Yes El No ❑ N/A El
16. Cattails, phragmites or other invasive plants cover< 10%of the surface area. Yes El No❑ N/A❑
17. Temporary inundation zones are drained within 5 days after a storm event. Yes 0 No 0 N/A 0
18. Shallow water and temporary inundation zones are free from trash and debris. Yes El No❑ N/A El
Deep Pools
19. Deep pools are at least 15 inches deep. Yes ❑ No ❑ N/A❑
20. Cattails, phragmites,or other invasive plants cover< 10%of the surface area. Yes ❑ No LI N/A LJ
21. Deep pools are free from trash and debris. Yes ❑ No El N/A El
22. Standing water is present in deep pools. Yes ❑ No El N/A❑
23. Deep pool adjacent to the outlet structure is free of vegetation. Yes 0 No 0 N/A❑

24. Emergency bypass and/or bypass swale is clearly visible and in good condition. Yes ❑ No ❑ N/A❑
25. Outlet structure is free from damage, clogs,and erosion. Yes 0 No 0 N/A❑
26. Water level matches the level of the lowest outlet. Yes ❑ No 0 N/A 0
Action Plan IP„ i_: rn r"Nos'"listed abovea ciuding dates for <.`'s ea. ,4ttor pperOsillite to comp

NC Division of Energy, Mineral,and Land Resources
Operation & Maintenance Inspection Form —Stormwater Wetland (5)
Project name:
(� '1 (� Permit number: Inspection date:
-Po.1 "A'a r fe F. 15 Cs ILL Ca.f01 no. SW o 5 o Z. 3 %
Street address: City: State and ZIP code:
Name of inspector: Phone number: Email address:
Description of SCM location on the project:
Signature of Inspector certifying that the information provided in this form is complete and correct:
ttprmwaEter Collection System and Accessibility
1. Swales are free from blockage and erosion. Yes ❑ No ❑ N/A 0
2. Grates,gutters,curb openings, and pipes appear free from damage and clogs. Yes 0 No ❑ N/A❑
3. The stormwater wetland is accessible for inspection. Yes 0 No ❑ N/A❑
Inlet(s)and Forebay
4. Inlet(s)are free from damage, clogs, and erosion. Yes 0 No ❑ N/A❑
5. Forebay berm is stable and not eroding. Yes ❑ No ❑ N/A 0
6. Cattails, phragmites or other invasive plants cover< 10%of the surface area. Yes ❑ No ❑ N/A 0
7. Forebay is free from trash and debris. Yes 0 No ❑ N/A❑
8. Forebay is at least 15 inches deep. Yes ❑ No ❑ N/A r]
Perimeter,Embankment,and Side 5#opes
9. Perimeter is free from water quality impacts caused by geese and ducks. Yes ❑ No ❑ N/A❑
10. Embankment is free from woody shrubs and trees. Yes ❑ No ❑ N/A❑
11. Side slopes are stable,vegetated,and free from erosion/bare soil. Yes ❑ No 0 N/A ❑
12. Side slopes are free from trash and debris. Yes ❑ No ❑ N/A 0
13. Side slopes are free from muskrat and/or beaver activity. Yes ❑ No ❑ N/A❑
Shalliow_Water and Temporary inundation Zones)
14. Shallow water/temporary inundation zones are covered with healthy vegetation. Yes ❑ No❑ N/A 0
15. Shallow water and temporary inundation zones are free from erosion. Yes ❑ No ❑ N/A❑
16. Cattails, phragmites or other invasive plants cover< 10%of the surface area. Yes ❑ No ❑ N/A❑
17. Temporary inundation zones are drained within 5 days after a storm event. Yes 0 No ❑ N/A❑
18. Shallow water and temporary inundation zones are free from trash and debris. Yes ❑ No❑ N/A❑
;_Pools
19. Deep pools are at least 15 inches deep. Yes ❑ No ❑ N/A❑
20. Cattails, phragmites, or other invasive plants cover< 10%of the surface area. Yes Li No ❑ N/A❑
21. Deep pools are free from trash and debris. Yes ❑ No 0 N/A❑
22. Standing water is present in deep pools. Yes ❑ No ❑ N/A❑
23. Deep pool adjacent to the outlet structure is free of vegetation. Yes 0 No 0 N/A 0

atet! emcee:
24. Emergency bypass and/or bypass swale is clearly visible and in good condition. Yes ❑ No 0 N/A 0
25. Outlet structure is free from damage,clogs,and erosion. Yes 0 No 0 N/A 0
26. Water level matches the level of the lowest outlet. Yes ❑ No N/A 0
Action Plan to address any'Nos"listed above,including dates for completion(for pennittee to complete):

NC Division of Energy, Mineral,and Land Resources
Operation & Maintenance Inspection Form —Stormwater Wetland (5)
Project name:,, /� (� '1 �1 Permit number: Inspection date:
teal wit FAD Cr4-!k 6�r 1Vf� C6C0l:nbS sw o5o Z. 39
Street address: City: State and ZIP code:
Name of inspector: Phone number: Email address:
Description of SCM location on the project:
Signature of Inspector certifying that the information provided in this form is complete and correct:
Ammeter Collection System and Accessibility
1. Swales are free from blockage and erosion. Yes ❑ No ❑ N/A❑
2. Grates,gutters,curb openings, and pipes appear free from damage and clogs. Yes ❑ No ❑ N/A❑
3. The stormwater wetland is accessible for inspection. Yes 0 No ❑ N/A❑
kliegs)and Forebay
4. Inlet(s) are free from damage, clogs, and erosion. Yes ❑ No ❑ N/A❑
5. Forebay berm is stable and not eroding. Yes 0 No ❑ N/A 0
6. Cattails, phragmites or other invasive plants cover< 10%of the surface area. Yes ❑ No IJ N/A 0
7. Forebay is free from trash and debris. Yes 0 No ❑ N/A❑
8. Forebay is at least 15 inches deep. Yes ❑ No ❑ N/A 0
Perimeter,Embankment,and Side Slopes
9. Perimeter is free from water quality impacts caused by geese and ducks. Yes ❑ No 0 N/A❑
10. Embankment is free from woody shrubs and trees. Yes ❑ No 0 N/A 0
11. Side slopes are stable,vegetated,and free from erosion/bare soil. Yes ❑ No ❑ N/A❑
12. Side slopes are free from trash and debris. Yes 0 No ❑ N/A 0
13. Side slopes are free from muskrat and/or beaver activity. Yes ❑ No ❑ N/A❑
Shallow Water and Temporary inundation Zone(s)
14. Shallow water/temporary inundation zones are covered with healthy vegetation. Yes ❑ No ❑ N/A❑
15. Shallow water and temporary inundation zones are free from erosion. Yes ❑ No ❑ N/A❑
16. Cattails, phragmites or other invasive plants cover< 10%of the surface area. Yes ❑ No ❑ N/A❑
17. Temporary inundation zones are drained within 5 days after a storm event. Yes 0 No ❑ N/A❑
18. Shallow water and temporary inundation zones are free from trash and debris. Yes ❑ No ❑ N/A 0
Deep p .__. .*,,-.911.. ..
19. Deep pools are at least 15 inches deep. Yes ❑ No ❑ N/A❑
20. Cattails, phragmites,or other invasive plants cover< 10%of the surface area. Yes ❑ No 0 N/A❑
21. Deep pools are free from trash and debris. Yes ❑ No ❑ N/A❑
22. Standing water is present in deep pools. Yes 0 No ❑ N/A❑
23. Deep pool adjacent to the outlet structure is free of vegetation. Yes 0 No 0 N/A 0

24. Emergency bypass and/or bypass swale is clearly visible and in good condition. Yes 0 No ❑ N/A❑
25. Outlet structure is free from damage, clogs,and erosion. Yes ❑ No ❑ N/A❑
26. Water level matches the level of the lowest outlet. Yes ❑ No ❑ N/A 0
Action Pian to address any°Nos"listed above,including dates for complefion(for pennittee to complete):

NC Division of Energy, Mineral,and Land Resources
Operation & Maintenance Inspection Form —Stormwater Wetland (5)
Project name: Cr `_ (� IAA( Permit number: Inspection date:
?AA 46 C La. 6C ne �o':n6.5 SW o 5 0 2 31
Street address: City: State and ZIP code:
Name of inspector: Phone number: Email address:
Description of SCM location on the project:
Signature of Inspector certifying that the information provided in this form is complete and correct:
StOpwater Collection Stem an0AcCessibility
1. Swales are free from blockage and erosion. Yes ❑ No❑ N/A❑
2. Grates,gutters,curb openings,and pipes appear free from damage and clogs. Yes 0 No ❑ N/A❑
3. The stormwater wetland is accessible for inspection. Yes ❑ No ❑ N/A❑
Inletts)and Forebay
4. Inlet(s) are free from damage,clogs, and erosion. Yes ❑ No ❑ N/A 0
5. Forebay berm is stable and not eroding. Yes 0 No 0 N/A❑
6. Cattails, phragmites or other invasive plants cover< 10%of the surface area. Yes 0 No❑ N/A❑
7. Forebay is free from trash and debris. Yes ❑ No ❑ N/A❑
8. Forebay is at least 15 inches deep. Yes ❑ No❑ N/A❑
Perimeter,Embankment,and Side Slopes ,1101
9. Perimeter is free from water quality impacts caused by geese and ducks. Yes ❑ No ❑ N/A❑
10. Embankment is free from woody shrubs and trees. Yes ❑ No ❑ N/A❑
11. Side slopes are stable,vegetated,and free from erosion/bare soil. Yes ❑ No❑ N/A 0
12. Side slopes are free from trash and debris. Yes ❑ No 0 N/A 0
13. Side slopes are free from muskrat and/or beaver activity. Yes 0 No 0 N/A❑
Shallow Water and Temporary Inundation Zone(s)
14. Shallow water/temporary inundation zones are covered with healthy vegetation. Yes ❑ No❑ N/A❑
15. Shallow water and temporary inundation zones are free from erosion. Yes ❑ No ❑ N/A❑
16. Cattails, phragmites or other invasive plants cover< 10%of the surface area. Yes ❑ No ❑ N/A❑
17. Temporary inundation zones are drained within 5 days after a storm event. Yes ❑ No ❑ N/A❑
18. Shallow water and temporary inundation zones are free from trash and debris. Yes ❑ No ❑ N/A 0
Deep Pools. . _ ._ .. ... . 1/11 11.11
..
19. Deep pools are at least 15 inches deep. Yes ❑ No ❑ N/A 0
20. Cattails, phragmites,or other invasive plants cover< 10%of the surface area. Yes ❑ No ❑ N/A❑
21. Deep pools are free from trash and debris. Yes ❑ No ❑ N/A 0
22. Standing water is present in deep pools. Yes ❑ No ❑ N/A❑
23. Deep pool adjacent to the outlet structure is free of vegetation. Yes 0 No 0 N/A 0

Outlet Device(s)
-
24. Emergency bypass and/or bypass swale is clearly visible and in good condition. Yes ❑ No 0 N/A 0
25. Outlet structure is free from damage,clogs,and erosion. Yes 0 No 0 N/A 0
26. Water level matches the level of the lowest outlet. Yes 0 No 0 N/A❑
man t address 2Eny"ems" igve,hiding dates far com letian - -_--
_ � �to rcainpieeim:
�` I

SWALES/LOW DENSITY: 0 &M Inspection Checklist (,/g)
YES NO N/A NE
ALL SWALE5 - -- ----- - — - - --
1. Inlet and pipe system installed as indicated on the approved plans: ❑ ❑ ❑ 0
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: U H ❑ Li
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ ❑ ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, .'4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑ ❑
YES NO N/A NE
mimimprii
1. Side slopes are 5:1 or less: ❑ 0 ❑ 0
2. Swale length is 100 ft. or greater: LI ❑ ❑ n
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
YES NO N/A NE
L MALES, NUTRIENT CREDIT**
1. Side slopes are 5:1 or less: 0 ❑ in ❑
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ ❑ ❑ ❑
**Check permit to see if level spreader, filter strip or restored riparian buffer is included, If it is, use the supplemental form
for those BMPs in addition to this form.
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist £/SJ
YES NO N/A NE
1. Inlet and pipe system installed as indicated on the approved plans: ❑ ❑ ❑ 0
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ ❑ ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ ❑ ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ [ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, —4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑ ❑
YES NO N/A NE
1
1. Side slopes are 5:1 or less: ❑ ❑ ❑
2. Swale length is 100 ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
YES NO N/A NE
�..�i SWAL _ EL_�IT.CROW*
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ ❑ ❑ ❑
**Check permit to see if level spreader, filter strip or restored riparian buffer is included, Ifit is, use the supplemental form
for those BMPs in addition to this form.
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist (iej
YES NO N/A NE
ALL SWALIS
1. Inlet and pipe system installed as indicated on the approved plans: ❑ ❑ ❑ ❑
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ ❑ ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: El ❑ El ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ El
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, -4in. or more)sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑ ❑
YES NO N/A NE
S�l41ALl ** _-------_---._._ -
OUTLETCURB 1. Side slopes are 5:1 or less: ;J Li ❑ El
2. Swale length is 100 ft. or greater: ❑ ❑ El ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
YES NO N/A NE
SWALES,NUTRIENT CREDIT** - - — --- -_-_
1. Side slopes are 5:1 or less: ] ❑ Li ❑
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ El ❑ ❑
**Check permit to see if level spreader, filter strip or restored riparian buffer is included, If it is, use the supplemental form
for those BMPs in addition to this form.
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist £'SJ
YES NO N/A NE
oil.SWAM "
1. Inlet and pipe system installed as indicated on the approved plans: ❑ ❑ ❑ ❑
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ ❑ ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ ❑ ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, N4in. or more)sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
il. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑ ❑
YES NO N/A NE
CURB OUTLET MALES**
1. Side slopes are 5:1 or less: U Li ❑ ❑
2. Swale length is 100 ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
YES NO N/A NE
1WALES,rernuiti T.CREDIT** -1
1. Side slopes are 5:1 or less: ❑ ❑ ❑
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ ❑ ❑ ❑
**Check permit to see if/eve/spreader, filter strip or restored riparian buffer is included, If/t is, use the supplemental form
for those BMPs in addition to this form,
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist OS)
YES NO N/A NE
IIALL SWALE, ►1. Inlet and pipe system installed as indicated on the approved plans: ❑ ❑ ❑ ❑
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ ❑ ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ ❑ ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, "4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑ ❑
YES NO
— — --E
CURB OUTLET. — -- — — `TY._... N A N I
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 100 ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
YES NO N/A NE
SWALES,NUTRIENT.GRIMY**... :. _
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ ❑ ❑ ❑
**Check permit to see if level spreader, filter strip or restored riparian buffer is included, If it is, use the supplemental form
for those BMPs in addition to this form,
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist Cie)
YES NO N/A NE
1. Inlet and pipe system installed as indicated on the approved plans: ❑ ❑ n I
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ ❑ ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ ❑ ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
$. Swale is free of excessive (covers grass, —4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑
YES NO N/A NE
CURB OUTLET SWAL ES**
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 100 ft or greater ❑ 0 ❑ I❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
YES NO N/A NE
SWALES,NUTRIENT CREDIT**
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ ❑ ❑ ❑
**Check permit to see if/eve/spreader, filter strip or restored riparian buffer is included, If it Is, use the supplemental form
for those BMPs in addition to this form.
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist Cie
YES NO lc
r4-
, . .1--u4sAus , , .,. .. . ,. • . .,.. . .
1. Inlet and pipe system installed as indicated on the approved plans: L1
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ ❑ ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ ❑ ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, —4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑
YES NO N/A NE
CURB OUTLET SWALEE**
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 100 ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
YES NO N/A NE
LSWAI S,NUTRIENT CREDIT** — — — - • I
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ ❑ ❑ ❑
**Check permit to see if/eve/spreader, filter strip or restored riparian buffer is included. If it is, use the supplemental form
for those BMPs in addition to this form.
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist Os)
— —
YES NO N A NE
TALL r - -- _ 1
1. Inlet and pipe system installed as indicated on the approved plans: ❑ ❑ [l ❑
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ ❑ ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ ' ❑ ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, —4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑ ❑
YES NO N/A NE
CURB OU LEI S�AI �`* —
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 100 ft. or greater: ❑ ❑ ❑ LI
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
YES NO N/A NE
SWALES,NUTRIENT CREDIT** 1
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ ❑ ❑ ❑
**Check permit to see if level spreader, filter strip or restored riparian buffer is included, If it is, use the supplemental form
for those BMPs in addition to this form,
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist OBI
T YES NO N/A NE
L ALL SWAM'
,. :.
1. Inlet and pipe system installed as indicated on the approved plans: ❑ ❑ ❑ ❑�
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ ❑ ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ ❑ ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, "4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑
YES NO N/A NE
1. Side slopes are 5:1 or less: ❑ Li ❑ ❑
2. Swale length is 100 ft. or greater: ❑ ❑I ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
YES NO N/A NE
LS1NALES,NUTRIENT CREDIT** — - d
1. Side slopes are 5:1 or less: ❑ ❑ II
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ ❑ ❑ ❑
**Check permit to see iflevel spreader, filter strip or restored riparian buffer is included, If it is, use the supplemental form
for those BMPs in addition to this form,
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist [/s)
YES NO N/A NE
1. Inlet and pipe system installed as indicated on the approved plans: ❑ ❑ ❑ II
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ El ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ El ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, "4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ El ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑ ❑
YES NO N/A NE
_ - - -
1. Side slopes are 5:1 or less: . f + ❑ ❑� E
2. Swale length is 100 ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
YES NO N/A NE
1 SWALE'S,NUTRIENT CREDIT**
__..._. . — —
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ ❑ ❑ ❑
**Check permit to see if/eve/spreader, filter strip or restored riparian buffer is included, If it is, use the supplemental form
for those BMPs in addition to this form.
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist (/5)
_ YES NO N/A NE
ALL SWLr ,
1. Inlet and pipe system installed as indicated on the approved plans: ❑ ❑ n ❑
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ ❑ ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ ❑ ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, —4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑ ❑
YES NO N/A
L CURB OUTLET SWALIi *'r' 1
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 100 ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
SWAL . NUTRIENT CREDIT**
YES NO N/A NE
Es
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ [ ❑ ❑
**Check permit to see if/eve/spreader, filter strip or restored riparian buffer is included, If it Is, use the supplemental form
for those BMPs in addition to this form.
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist £ISJ
YES NO NEE
` ALL SWAIL
1. Inlet and pipe system installed as indicated on the approved plans: ❑ ❑ ❑ ❑
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ ❑ ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ ❑ ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, —4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑ ❑
YES NO N/A NE
CURE OUTLET SWALES**
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 100 ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
YES NO N/A NE
L SWA E%NUTRIENT CREDIT** — ——- - T--
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ ❑ ❑ ❑
**Check permit to see if/eve/spreader, filter strip or restored riparian buffer is included, If it is, use the supplemental form
for those BMPs in addition to this form.
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist Os)
T YES NO N/A NE
p I fALF, 9
1. Inlet and pipe system installed as indicated on the approved plans: ❑ 7 n
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ ❑ ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ ❑ ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, ^'4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ C1 ❑ ❑
YES NO N/A NE
ALES*
1. Side slopes are 5:1 or less: ❑ ❑ n
2. Swale length is 100 ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
YES NO N/A NE
;`MALES,NUTRIENT CREDIT** _ _ —:
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ ❑ ❑ ❑
**Check permit to see if level spreader, filter strip or restored riparian buffer is included, If it is, use the supplemental form
for those Bl►/Ps in addition to this form.
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist OS)
YES NO N/A NE
ALL SWALF, r __ I
1. Inlet and pipe system installed as indicated on the approved plans: ❑ ❑ 0 ❑
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ ❑ ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ ❑ ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, —4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑
YES NO N/A NE
L OMB OUTLET SWAL[ **
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 100 ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
YES NO N/A NE
SWAL N ._NUTRIENT CREDIT*** -71
1. Side slopes are 5:1 or less: ❑ ❑
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ ❑ ❑ ❑
**Check permit to see i f level spreader, filter strip or restored riparian buffer is included, If it is, use the supplemental form
for those BMPs in addition to this form.
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist (,/sJ
FALL-
SWALE. ' " z
YES NO N/A NE
1. Inlet and pipe system installed as indicated on the approved plans: ❑ ❑ ❑ ❑
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ ❑ ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ ❑ ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, —4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑ ❑
YES NO N/A NE
CURB OUTLET SWALES*
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 100 ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
YES NO N/A NE
MALES,NUTRIENT CREDIT** _ J
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ ❑ ❑ ❑
**Check permit to see if/eve/spreader, filter strip or restored riparian buffer is included, If it is, use the supplemental form
for those BMPs in addition to this form,
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist £/BJ
_ YES NO N/A NE
ALL SWALF4 `
1. Inlet and pipe system installed as indicated on the approved plans: ❑ ❑ ❑ ❑
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ ❑ ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ ❑ ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, -4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑ ❑
YES NO N/A NE
CURB OUTLET SWAMP*
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 100 ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
YES NA N/A NE
I SWAL ES,NUTRIENT CREDIT** — -1. Side slopes are 5:1 or less: U L
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ ❑ ❑ ❑
**Check permit to see if/eve/spreader, filter strip or restored riparian buffer is included, If it is, use the supplemental form
for those BMPs in addition to this form.
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist (/BJ
YES NO N/A NE
ALL SWALE l
1. Inlet and pipe system installed as indicated on the approved plans: ❑ E. ❑ ❑
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ ❑ ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ ❑ ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, —4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑ ❑
YES NO N/A NE
1. Side slopes are 5:1 or less: ❑ ❑ ❑ ❑
2. Swale length is 100 ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
YES NO N/A NE
SWALES,NUTRIENT CREDIT**
1. Side slopes are 5:1 or less: 1 ❑ ❑ 7
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ ❑ ❑ ❑
**Check permit to see if/eve/spreader, filter strip or restored riparian buffer is included, If it is, use the supplemental form
for those BMPs in addition to this form,
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist (iJ
YES NO N/A NE
ALL SWALF,I : _ . , . .-
1. Inlet and pipe system installed as indicated on the approved plans: ❑ ❑ ❑ ❑
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ ❑ ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ ❑ ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, "4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑
YES NO N/A NE
1. Side slopes are 5:1 or less: ❑ ❑ Elr ❑
2. Swale length is 100 ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
YES NO N/A NE
SVIEALES,titmuOrr CRiT**
1. Side slopes are 5:1 or less:
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ ❑ ❑ ❑
**Check permit to see iflevel spreader, filter strip or restored riparian buffer is included, If it is, use the supplemental form
for those BMPs in addition to this form,
V3.3-09

SWALES/LOW DENSITY: 0 &M Inspection Checklist £IBJ
YES NO N/A NE
ALL SW► LE9 . _ _ ..
1. Inlet and pipe system installed as indicated on the approved plans: ❑ ❑ ❑ ❑
2. Longitudinal slope is 5% maximum (where applicable): ❑ ❑ ❑ ❑
3. Side slopes are 3:1 or less: ❑ ❑ ❑ ❑
4. Swale maintains a 0.5 foot freeboard: ❑ ❑ ❑ ❑
5. Swale is free from trash or debris: ❑ ❑ ❑ ❑
6. Swale is free from bare soil, erosion or gullies: ❑ ❑ ❑ ❑
7. Swales are free of woody vegetation: ❑ ❑ ❑ ❑
8. Swale is free of excessive (covers grass, —4in. or more) sediment accumulation: ❑ ❑ ❑ ❑
9. Vegetation is maintained at a height of approximately six inches: ❑ ❑ ❑ ❑
10. Fertilizer has only been used once in the establishment of grass with no other applications: ❑ ❑ ❑ ❑
11. Outlet is free of damage, clogs or erosion: ❑ ❑ ❑ ❑
12. Swale is free of ponding and it has been at least 48 hrs. since last rain: ❑ ❑ ❑ ❑
YES NO N/A NE
CURB OUTLET. SWALES** - - —_ —'�
1. Side slopes are 5:1 or less: El- ❑ ❑ ❑
2. Swale length is 100 ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Curb outlet swale is free of erosion and channelization: ❑ ❑ ❑ ❑
_ YES NO N/A NE
LSWALES,NUTRIENT CREDW - — --_,1. Side slopes are 5:1 or less: ❑ ❑ ❑
2. Swale length is 150ft. or greater: ❑ ❑ ❑ ❑
3. Maintenance agreement is provided: ❑ ❑ ❑ ❑
4. Bottom width is at least 2 feet but no more than 6 feet: ❑ ❑ ❑ ❑
**Check permit to see if level spreader, filter strip or restored riparian buffer is included, If it is, use the supplemental form
for those BMPs in addition to this form.
V3.3-09

Burd, Tina J
From: Burd,Tina J
Sent: Thursday, September 29, 2022 2:08 PM
To: [e-mail]:[e-mail];Jeff Petroff
Subject: SW8 050239 - Palmetto Creek of the Carolinas
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources(Stormwater Section)accepted
the Stormwater Permit Transfer Application and$505.00 fee for the subject project on September 23,2022. The project
has been assigned to Thom Edgerton and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance&Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
:'. ; ' , :rfesporidence to and from this address is subject to U16-2
!':f na Public; 'eco!cis Lin',•and rifay be drs-f.ioseci fn third
Website: http://deq.nc.gov/about/divisions/energv-mineral-land-resources/stormwater
Based on the current guidance to minimize the spread of COVID-i9,the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered
shifts.To accommodate these staffing changes,all DEQoffice locations are limiting public access to appointments only. Please
check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email.We
appreciate your patience as we continue to serve the public during this challenging time.
1

Transfer sfer Application Completeness Review Checklist-Short Version
Permit#: LAS a 05-0 Z3 /� !^�_ Date Delivered to WIRO: // / z'2'Z
Project Name: h�ALMETTT C'Pelt— pc 1 E 9Kiz1)4 S DIMS Received/Accepted Date: za
Project County/Location: $Q_,sw15..JcC1c--
date Given to Admiii:
BIMS Acknowledged Date': O • g
Permit Expiration Date*: _ <;v ` f, :w/in 6 mo,STOP-needs renewal first. Exception:only new permittee is
sbmitting.Then transfer is logged in first
Proposed Permittee Signed Application? C)N If N,it will be evuluated under GS 143-214.7(c2), which requires:
®Common Area Deed in HOA's Name
050%Sold List
Current Permittee Signed Application? dir, N If N,it will be evaluated under GS 143-214.7(c5)
Proposed Permittee Type&Documents Needed:
' Property Owner(s) I Purchaser Lessee r51110A 1 DDeveloper1
OViable? Viable? F 1Viable? L_JViable? ®Viable?
Li
Election
Deed Purchase Agmt Lease Election Minutes
Not Subdivided:Deed Deed Restrictions Recorded
Subdivision: Common Area Deed EBUA/Lot Summary
DO&M(If HOA Signed Application)
rape •ork
Application
E$505 Fee(within 6mo) Check#(s): 29(05
Ceed Restrictions,if suvt:hvided: --
EIE Certification(if built or partially built)
JJProject Narrative
UEasen nis,Recorded(2017 Rules)
®O&M on File(unless new one from HOA)
®Electronic Copies
NOTES:
Enter BIMS Acknowledged Date on this Sheet
EMAILED ENGINEER DATE:
REVIEWER NAME:
G:\\\Reference Literary\Procedures\rherldists\Completeness Review Checklist_2021 10 05

*--70041 -
1 CLD Engineering, PLLC
/11' Civil Engineering/Landscape Architecture
Land Planning/Construction Management
P.O.Box 1172 Phone:[phone]
L _..,, Wilmington,NC 28402 Fax:[phone]
www.cldeng.com
To: NCDEQ—Wilmington Regional Office Date: June 28,2022
127 Cardinal Drive Extension File: 101-01
Wilmington,NC 28405 Subject:
Palmetto Creek of the Carolinas
(SW8 050239 Mod)
Stormwater Permit Transfer
Attn: Stormwater Transfer Department
I
0 As Requested ❑For Your Files ❑For Distribution ®For your Review/Action/Approval
❑ Sent via E-Mail ® Sent via Courier
Quantity Drawing No. Description
1 Check In the Amount of$505.00
2 Originals State Stormwater:Permit Transfer Application Forms
1 Copy Palmetto Creek POA Articles of Incorporation and Organizational Minutes
1 Original Supplement O&M-EZ
1 Copy Property Deeds(DB 2867 PG 0569)
1 Copy Recorded Master Declaration of Palmetto Creek
1 Copy Impervious Tracker
M 1 Copy Engineering Certification t elf
_
111
1 CD Entire Submittal JUL 0 1 �'�°? 1
Pc^
REMARKS Please do not hesitate to contact this office should you have any questions or concerns pertaining to this submittal. 1
CC: File
Signedi
Jeffrey B. , .E.

Sams, Dan
From: Sams, Dan
Sent: Friday,July 1, 2022 3:03 PM
To: [e-mail]; [e-mail]; [e-mail]
Cc: Hall, Christine; Burd, Tina J
Subject: Stormwater Permit Transfer application for Palmetto Creek of the Carolinas, SW8
050239
Mr. Petroff, Mr. Exum,et al:
The Wilmington Regional Office Post-Construction Stormwater Program is in receipt of the Permit Transfer Application
for Palmetto Creek of the Carolinas,SW8 050239. Unfortunately the permit has expired as of June 7,2019. Before a
transfer can take place, it will be necessary for the current permit holder to renew the permit.
Please provide a permit renewal application that can be accessed on this website. The Renewal application portal is in
the blue column on the right about half way down. That page locates the form at the bottom of the page.
Please be aware that no action will be taken on the current application until the renewal application form is submitted
and approved.
Thank you for your cooperation,
Daniel Sams, PE
Wilmington Regional Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral and Land Resources
910 796 7215 office
910 796 7373 direct (please note extension change)
dan.samsancdenr.gov
DIEQ3..s,
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Email correspondence to and from this address is subject to the
North Carolina Public Recc ds Law and iney be disclosed to third parties.
1

SOSID: 0758693
Date Filed:3/30/2022
Elaine F.Marshall
4- `'" , , North Carolina Secretary of State
' BUSINESS CORPORATION ANNUAL REPOR CA2022 089 08721
r/el2ms
NAME OF BUSINESS CORPORATION: XDV, toe,
0758693 Filing Office Use Only
SECRETARY OF STATE ID NUMBER: STATE OF FORMATION: NC
REPORT FOR THE FISCAL YEAR END: 2021 NEIreig ❑
SECTION A:REGISTERED AGENTS INFORMATION ❑ ... f ® Changes
1.NAME OF REGISTERED AGENT: Robert C.G. Exum
2.SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3.REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS
2024 Lynnwood Drive PO Box 1967
Wilmington, NC 28403 New Hanover Wilmington, NC 28402 New Hanover
SECTION B:PRINCIPAL OFFICE INFORMATION '
1.DESCRIPTION OF NATURE OF BUSINESS: Real Estate
2.PRINCIPAL OFFICE PHONE NUMBER: [phone] 3.PRINCIPAL OFFICE EMI Privacy Redaction
17;,v
4.PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL OFFICE MAILING ADDRESS __,Yo
o ,
2024 Lynnwood Drive P.O.Box 1967
Wilmington,NC 28403 New Hanover Wilmington,NC 28402 New Hanover
6.Select one of the following if applicable.(Optional see instructions)
❑ The company is a veteran-owned small business
❑ The company is a service-disabled veteran-owned small business
SECTION C:OFFICERS(Enter additional officers in Section E.)
NAME: Robert ` .ti . Exum NAME: NAME:
TITLE president TITLE: TITLE:
ADDRESS:'" " ' • ' ADDRESS: ADDRESS:
P.O.Box 1967
Wilmington,NC 28402 New Hanover
•SECTION D:CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business
entity �� /� .�.�—
c_nX 3- /..s-- za_
IGNATURE DATE
Form must be signed by an officer listed under Section C of this form.
Robert C.G. Exum . President
Print or Type Name of Officer Print or—ype Title of Officer
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF$25
MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525