SW8041006_Historical File_20041014

OCT-13-2004 WED 01:01 PM NC DIV OF COASTAL MGMNT FAX NO. 4 P. 01
161-A Fh1,y 24
NEcwohard C Ly.NC 28567 Stroud Engineering, P.A.
7.52-247-7479 Phone .
252.247.408-Fox
Fax
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Ia 37 5 r— 47 Pages: 3
Pha : 101 (3_ 101
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C7 urgent la For Review El Please Comment ❑Please Reply ❑Please Recycle
e Comments:
,. _ r •

OCT-13-2004 WED 01 :01 PM NC DIV OF COASTAL MGMNT FAX NO. 4 P. 02
2. If this applicciticm is being submitted as the result of a renewal or modification to an existing pernut,list the
rxisling permit number. _..,^--.,—_ . -- -- and its issue dale(if known). ,__.,,_.
3, Sportfy the type of project(check one):
—g,. 1.ow Tensity _,,,. .-fiigh Density —Redevelop _ General Permit __Other
4. Additional Project Requirements(check applicable blanks):
('AMA Major ,✓ Sedimlentaiion/erosion Control 404/401 Permit _NPDES Stormwater
__
Information on required slate permits can be obtained by contacting the Customer Service Center at
1-3%7-623-6748.
It f, PROJECT INFORMATION
1, In the space provided below,summarize.how stormwater will be treated. Also attach a detailed narrative
(one to two pagos)describing stnrmwater management for the project.
Low density project with starmwater treated through sheet flow and curb outlet swales, minimum of
_. 100 feet in length;_, —_,�.—.__
2- Stnrrnwaler runoff from this project drains to the White Oak _ River basin.
3, Coral Project Area: 00_451— acres 4. Project Built Upon Area:r 21 `j,,�..r_%
3. I low many drainage areas does the project have?_.,, 1_____
6. Complete the following information for each drainage area. If there arc more than two drainage areas in the
project,allaclr an addition dl sheet with the information for each area provided in the same format as below.
Basin Ini��rrnaticui~ 'Drainage.Area 1 • Drainage Area 2
Receiving Stream Name SNOWS SWAMP BRANCH
Rcccivin„Stream Class Y C
Drainage Area T�y 2,0555,287.8i sf _
lixisling impervious*Area _� 0.00 sf
Prot,nsednImpervious"Area 613,962.00 St
_%Irmip rvious'F Area(total) w. 29.87% _ .
-
Ernilery ions" Surlacti Area Drainage Area 1 — Drainage Area 2
On-site Buildings 420,000,00 sf
+ �—
On.situ
i.' 163,962.00 sf
Ori-silo i'ark.ir+ ... r _ .,w ..
On-site Sidewalks
Other can-site(f'v-iv kl14c. / M,__ 30,000 sf
.
Off,sitey
.... -..,__.— __,_,_.Total: 813,962,04 sf Total:
impereicus area is defined as the built upon area including,but not limited to,buildings,roads,parking areas,
sidewalks„gravel areas,ete,
burin SW 0-101 Vcriion 3_99 Page 2 of 4

OCT-13-2004 WED 01:02 PM NC DIV OF COASTAL NGNNT FAX NO. 4 P. 03
c. Filling in or piping of any vegetative conveyances(ditches, swales, etc,)associated with
the,development except for average driveway crossings is strictly prohibited by all persons.
d, Each Lot will maintain a thirty(30)foot wide vegetated bugger between all impervious
areas and surfaace waters,Wally.
c. All roof drains shell terminate at least thirty(30)feet from the mean high water mark of
surfaco water;,if any.
.Filling in,piping or altering any designated 5:1 curb outlet swale associated with the
development is prohibited by any person;
g, This development as approved proposes using a curb outlet system. L"ach designated
curb outlet swale shown on the approved plan must be maintained at least a minimum of 100 feet long
with 5:1 (HH:V)side slopes or flatter,have a longitudinal slope no steeper than 5%, carry the flow from
a ten (10)year stoma in a non-erosive manner,and maintain a dense vegetated cover.
" c,cxxa h, The"Beget v cl by Oc iiwr" areas designated on the Plat are-limiteil ro x maximum of
35;00( squar�ef cto it It=itpi ri�rrea; 1ifuie' Y - cehuwec\! k?uiN'ufb"�.t'ea 4104k� C1,1
xtVUGva p ]b,out)crt
i, The State of North Cat°lina is made a beneficiary of these covenants to the extent
necessary to n aintain compliance with the stormwnter management permit.
Notwithstanding anything to the contrary herein,these covenants in respect to
stormtivatcr management may not be altered or rescinded without the express written consent of the
State of North Carolina,Division of Waler Quality.
ARTIClE T]1IRTEEN
CI R.AI_PRO.VISIONS
l4_ Eraforceine,rt. The Declarant,the Association, or any Owner, shall have the right to enforce,
by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this Declaration. Failure by the Declarant, the
Association or by any Owner to enforce any covenant or restriction herein contained shall in no event
be deemed a waiver of the right to do so thereafter.
'IS. Variances.. Declarant and later, the Association, shall have the right to grant variances
from the terms of this Declaration upon a specific finding that the variance will not harm the
appearance of the Property and will not be harmful to Lot values within the Property.
l6. &veruhillly, Invalidation of any one of these covenants or restrictions by judgment or court
order shall in noway affect any other provisions which shall remain in full force and ell"cot,

Entity Names Page 1 of 1
4,'.nCl:4 :fJ' North Carolina
C Elaine sh �. " PA !. M ENT i- E l.l::
- •: = • Secretary ECRE ARY o . T T
'*iw:.0•' f PO Box 2 2 Raleigh,NC27626.0622 (919)807,2225
Corporations Date: 10/13/2004
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Search Citizenship: Domestic
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"New Payment Procedures Agent Name: Mason, L Patten
Registered Office Address: 225 Professional Circle
Morehead City NC 28557
Registered Mailing 225 Professional Circle
Address: Morehead City NC 28557
Principal Office Address: No Address
Principal Mailing Address: No Address
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http://www.secretary.state.nc.us/Corporations/soskb/Corp.asp?6482129 10/13/2004

SOSID:0730388
Date Filed:6/15/2004 3:21:00 PM
Elaine F.Marshall
North Carolina Secretary of State
C200416600136
ARTICLES OF INCORPORATION
OF
RJP NEWPORT CORPORATION
I, the undersigned natural person of the age of eighteen
(18) years or more, do hereby make and acknowledge these Articles
of Incorporation for the purpose of forming a business corporation
under and by virtue of the laws of the State of North Carolina.
ARTICLE I
The name of the corporation is RJP NEWPORT CORPORATION.
ARTICLE II
The period of duration of the corporation is perpetual .
ARTICLE III
The purposes for which the corporation is organized are:
a) To engage in the business of land development, including
but not limited to, construction, sales and leasing of condominium
units, cooperative apartments, cluster homes, patio homes, garden
homes or other conventional housing. Included within the purposes
hereto shall be the right to borrow money, pledge assets and
otherwise hypothecate securities for the purchase of land or other
assets. The corporation shall have the right to buy lands, sell
lands and Otherwise operate a real estate type of business .
b) To engage in any lawful act or activity for which
corporatidtis may be organized under Chapter 55 of the General
Statutes of North Carolina.
ARTICLE IV
The corporation shall have authority to issue one hundred
thousand (100, 000) shares of common stock with a par value of One
Dollar ($1. 00) per share.
ARTICLE V
The minimum amount of consideration to be received by the
corporation for its shares before it shall commence business is One
Hundred ($100 .00) Dollars in cash or property of equivalent value.
1

ARTICLE VI
The address of the initial registered office of the
corporation in the State of North Carolina is 225 Professional
Circle, Morehead City, Carteret County; and the name of its initial
registered agent at such address is L. Patten Mason.
ARTICLE VII
The number of directors constituting the initial Board of
Directors shall be one; and the names and addresses of the persons
who are to serve as directors until the first meeting of the
shareholders, or until their successors be elected and qualify,
are: L. Patten Mason.
ARTICLE VIII
The name and address of the incorporator is: L. Patten
Mason, 225 Professional Circle, Morehead City, North Carolina
28557 .
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this /1 tday of June, 2004 .
A ifigiv& (SEAL)
/ •- ten ason
ncorporator
RJP.Articles of Inc.

c— MINUTES RECEIVED
OF
SHAREHOLDERS ' AND DIRECTORS ' OCT 13 2004
ORGANIZATIONAL MEETING DWQ
OF PROD# c (A,7YO 4-Affa,
RJP NEWPORT CORPORATION
The organizational meeting of the directors and shareholders
of RJP Newport Corporation was held at the Corporation' s offices
on the day of July, 2004, at 3 o' clock p.m. , pursuant to a
written notice signed by all the directors and shareholders fixing
such time and place .
The original director and incorporator, L. Patten Mason,
advised the shareholders that new directors and officers should be
elected and upon motion duly made and seconded, with all shares of
stock outstanding voting in favor, the following directors were
unanimously elected:
Ray Murdoch
John W. Gainey, III
J. Phillip Munden
Ray Murdoch was chosen Chairman of the meeting and Phil
Munden was chosen Secretary thereof.
The Chairman reported that the Articles of Incorporation of
the Corporation were filed in the Office of the Secretary of State
in Raleigh, North Carolina, on the 15th day of June, 2004., and
admitted to record in its office on the same date .
The Secretary was instructed to cause a copy of the Articles
of Incorporation to be inserted in the minute book.
The Secretary presented a set of bylaws for the governing
of the Corporation, the conduct of its affairs, and management of
its property and business which was read article by article .
Upon motion duly made and seconded, the following resolution
was unanimously passed:

2
RESOLVED, that the bylaws submitted and read to this meeting
be, and the same hereby are adopted as and for the bylaws of this
Corporation, and that the Secretary be and he is hereby instructed
to cause the same to be inserted in the minute book immediately
following the copy of the Articles of Incorporation.
The Chairman stated that the next business to come before
the meeting was the election of officers of the Corporation to hold
office for the ensuing year and until their respective successors
are chosen and qualify, and called for nominations . Thereupon the
following persons were nominated as officers of the Corporation:
President Ray Murdoch (Wkei ' )
Vice-President John W. Gainey, III
Secretary J. Phillip Munden
Treasurer J. Phillip Munden
All of the directors having voted, the Chairman announced
that the foregoing persons had been unanimously elected to the
offices set before their respective names to serve until the
election and qualification of their respective successors .
The President thereupon acted as Chairman and the Secretary
entered upon the discharge of his duties .
Upon motion duly made, seconded, and carried it was
RESOLVED that the seal and impression of which is hereto
affixed be and it hereby is adopted as the corporate seal of this
Corporation.
The Secretary was authorized and directed to procure the
proper corporate books .
Upon motion duly made and seconded, the following resolution
was unanimously approved:
RESOLVED that Wachovia Bank is hereby designated a
depository for the funds of this Corporation as hereby authorized
and directed to pay checks and other orders for the payment of
money drawn in the name of the Corporation when signed; by any of

3
the officers of the Corporation and such bank shall not be
required, in any case, to make inquiry respecting the application
of any instrument executed in virtue of this resolution, or of the
proceeds therefrom, nor be under any obligation to see to the
application of such instrument or proceeds .
The President then presented to the meeting the question of
taking advantage of the provisions of Section 1244 of the Internal
Revenue Code of 1954 . He noted that this Section permits ordinary
loss treatment when either the holder of Section 1244 stock sells
or exchanges such stock at a loss or when such stock becomes
worthless . After a discussion, the following preambles were stated
and the following resolutions were unanimously adopted:
Whereas Section 1244 of the Internal Revenue Code and the
Regulations issued thereunder require that the aggregate amount of
money and other property received by the corporation for stock, as
a contribution to capital, and as paid in surplus, shall not exceed
$1, 000, 000 . 00, and
Whereas Section 1244 and the Regulations issued thereunder
further require that the plan must specifically state, in terms of
dollars, the maximum amount to be received by the Corporation in
consideration of the stock to be issued pursuant thereto and that
such stock must be issued only for money or property (other than
stock or securities) , and
Whereas this Corporation qualifies as a small business
corporation as defined in Section 1244, and there is not unissued
any portion of a prior offering of any of this Corporation' s stock,
and
Whereas pursuant to the requirements of Section 1244 and the
Regulations issued thereunder the following plan has been submitted
to the Corporation by the Board of Directors of the Corporation:
"Plan To Issue Section 1244 Stock
-

4
"1 . The Corporation is authorized to offer and issue
100, 000 shares of common stock, par value of $1 . 00 per share.
"2 . The maximum amount to be received by the Corporation
in consideration of the stock to be issued pursuant to this plan
shall be $100, 000 .
"3 . Such common stock shall be issued only for money and
other property (other than stock or securities) .
"4 . In determining the amount specified in paragraph 2, the
amount received with respect to any property other than money shall
be determined to be the adjusted basis to the Corporation of such
property for determining gain, reduced by any liability to which
the property was subject or which was assumed by the Corporation.
"5 . Such other action shall be taken by the Corporation as
shall qualify the stock offered and issued under this plan as
"Section 1244 stock, " as such term is defined in the Internal
Revenue Code and the Regulations issued thereunder. "
Upon motion duly made and seconded, the following resolution
was unanimously adopted:
RESOLVED that the foregoing plan to issue Section 1244 stock
be and the same is hereby adopted by the Corporation.
FURTHER RESOLVED that the proper officers of the Corporation
be and they are hereby authorized, empowered, and directed to do
and perform any and all acts and deeds necessary to carry out such
plan.
The President stated that the Corporation has received
subscriptions to 3, 000 shares of the common stock of the
Corporation having a par value of $1 . 00 per share.
The Treasurer thereupon stated that the subscribers had
tendered to the Corporation the sum of $3, 000 . 00 in full payment at
par for the 3, 000 shares of common stock so subscribed.
It was unanimously RESOLVED that the President and the
,.—. Secretary be and they are hereby authorized to issue to the

5
subscribers, Ray Murdoch, John Gainey, III, and J. Phillip Munden,
or their nominees, stock in the amount of $3, 000 . 00.
Upon motion duly made, seconded, and unanimously passed, the
following resolutions were made:
RESOLVED that the Treasurer be and he is hereby authorized
to pay all fees and expenses incident to and necessary to the
organization of the Corporation.
The Secretary was instructed to file with the minutes of
this meeting the waiver of notice of this meeting.
L. Patten Mason is hereby relieved of any further
responsibility with regard to his original incorporation of this
corporation and further the Corporation and its shareholders, both
jointly and severally, shall indemnify and hold him harmless from
any claims or causes of actions brought or maintained against him
as a result of his being named as the original incorporator and
original director of this Corporation, and it is further
acknowledged and agreed that he shall not have any ownership in or
financial connection with said Corporation and is not responsible
for any actions the board, officers, agents or employees of the
Corporation may have heretofore taken or may hereafter take .
Included within the reimbursement and indemnity shall be any
attorney' s fees incurred by L. Patten Mason in defense of claims or
causes of the action asserted against him relating to his original
incorporation of this corporation.
The Board of Directors unanimously RESOLVED that the fiscal
year of the Corporation shall be the calendar year.
There being no other business presented, upon motion duly
made and seconded and passed, the meeting was adjourned.
This day of July, 2004 .
Secretary

RECEIVED
GAF
OCT 13 2004
DWQ This Instrument Prepared by:R.Andrew Han-is
Ste,50¢/00 Cog Mail After Recording to: The Harris Law Firm,PLLC
PROJ# 304 N.35th Street
Morehead City,NC 28557
STATE OF NORTH CAROLINA
DECLARATION
COUNTY OF CARTERET
THIS DECLARATION OF RESTRICTIVE COVENANTS, is made and entered into this the
day of , 2004, by the present owner of the property described in
Paragraph 1(1) hereunder, RJP NEWPORT CORPORATION, a North Carolina corporation with its
principal place of business in Carteret County, North Carolina, hereinafter referred to as
"DECLARANT".
STATEMENT OF PURPOSE
Declarant is the owner of certain property located in Newport, North Carolina more
particularly described in Paragraph 1(1) herein on which it desires to develop as a single family
residential community. Developer desires to provide for the preservation of the values and amenities
for such use and for the maintenance oY common areas; and,to this end, desires to subject the property
described in Paragraph 1(k) herein, together with such additions as may hereafter be made thereto, to
the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is
and are for the benefit of said property, Declarant and each subsequent owner thereof Declarant
deems it desirable for the efficient preservation of such values and amenities in said community, to
create an agency to which should be delegated and assigned the powers of maintaining and
administering the community properties and facilities and administering and enforcing the covenants
and restrictions and collecting and disbursing the assessments and charges hereinafter created. To this
end, Declarant has incorporated or will incorporate within one (1) month hereafter under the laws of
the State of North Carolina, as a nonprofit corporation, Homeowners' Association,
Inc. (the"Association"),for the purpose of exercising the functions aforesaid;
NOW THEREFORE, Declarant declares that the real property described in Paragraph 1(1) hereof, is
and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions,
easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set
forth.
ARTICLE I
DPfiniti nns
1. Definitions. The following words when used in this Declaration or any Supplemental
Declaration(unless the context shall prohibit)shall have the following meanings:

a. "Architectural Committee" shall mean those three or more individuals so
designated from time to time by the Board of Directors of the Association. Those individuals
appointed by the Board of Directors may be removed from the Architectural Committee at any
time by the Board of Directors at its discretion. The Board of Directors may designate itself as
the Architectural Committee."Association" shall mean and refer to Homeowners'
Association, Inc., as formed or to be formed by Declarant.
b. "Board of Directors" shall mean the Board of Directors from time to time of the
Association.
c. "Common Area" shall mean and refer to those areas of land now or hereafter shown on
any recorded subdivision plat of the Property or hereafter deeded to the Association and intended to be
devoted to the common use and enjoyment of the Owners, but shall exclude each individual Lot and
any structure thereon.
d. "Declarant" shall mean RJP NEWPORT CORPORATION, a North Carolina
corporation, its successors and assigns to which it shall convey or otherwise transfer its right, title and
interest to all or any part of the Property and in so doing expressly designate the transferee as a
"Declarant" hereunder.
e. "Development Period" shall mean the period that is ten(10)years from the date of this
Declaration is recorded at the Register of Deeds of Carteret County. With respect to any land annexed
to the Property by Declarant as herein permitted, the "Development Period" shall mean the time that is
ten (10) years from the time that such land is annexed to the Property by recording of the Amendment
hereto at the Office of the Register of Deeds of Carteret County.
f. "Lot" shall mean a lot or parcel of real property in the Property shown on the Plat. As
used herein, "Lot" shall not include the Common Areas, nor shall it include roads, streets, or parking
areas within the Property. The "front" of a Lot shall be deemed to be the portion of the Lot adjacent to
the street.
g. "Member" shall mean a person or entity who holds membership in the Association as
provided in this Declaration hereafter.
h. "Mortgage" shall include the noteholder or cestui que trust secured by a deed of trust.
i. "Owner" shall mean the record owner, whether one or more persons or entities, of the
fee simple title to any Lot, or, if a Lot is subject to a reversion in a lease redeemable pursuant to law,
the owner of the leasehold interest, and not the holder of title as such of the reversionary interest,
including contract sellers, but excluding those having such in t merely as security for the
performance of an obligation.
j. "Plat" shall mean that map entitled Crab Point Bay Subdivison" prepared by John W.
Collier,RLS, dated , 1998, and recorded in p Book_ Page_, Carteret County Registry.

k. "Property" shall mean all that certain property described in Exhibit A attached hereto
and incorporated herein by reference, and such additions thereto as may hereafter be brought within the
jurisdiction of the Association by annexation and subjected to this Declaration as herein provided.
1. "Structure" shall mean any thing or device other than trees, shrubbery (less than three
feet high in the form of a hedge) and landscaping, the placement of which upon the Property (or any
part thereof) may affect the appearance of the Property (or any part thereof) including, by way of
• illustration and not limitation, any building, trailer, garage, porch, deck, shed, greenhouse, or bath
house, coop or cage, covered or uncovered patio, swimming pool, clothesline, radio, television or
other antenna; satellite dish, fence, sign, curbing, paving, wall, roadway, walkway, exterior light, hedge
more than three feet in height, signboard or any temporary or permanent living quarters(including any
house trailer) or any other temporary or permanent improvement to the Property or any part thereof.
"Structure" shall also mean(i) any excavation, fill, ditch, diversion dam or other thing or device which
affects or alters the natural flow of surface waters from, upon or across the Property, or which affects
or alters the flow of any waters in any natural or artificial stream, wash or drainage channel from,upon
or across the Property, and (ii) any change in the grade of the Property (or any part thereof) of more
than six(6)inches from that existing at the time of purchase by an Owner.
ARTICLE TWO
Property Right.
2. Grant of Lots. Declarant shall hereafter hold, grant and convey the Property, and any part
thereof including, but not limited to Lots, subject to the covenants, conditions, easements and
restrictions herein set forth, which are for the benefit of, binding upon and shall run with the land, and
are for the benefit of Declarant, the Association and the Owners, their heirs, personal representatives,
successors and assigns.
3. Grant of Common Areas. Declarant covenants that it will convey the Common Areas to
the Association, and the Association shall accept from Declarant the Common Areas, with such
improvements as may be constructed thereon at the time of such conveyance and shall hold them
subject to the provisions hereof.
4. Member's Easements of Enjoyment. Every Member shall have a right and non-exclusive
easement of use and enjoyment in and to the Common Areas which shall be appurtenant to and shall
pass with the title to every Lot, subject to the following provision:
The right the Association to dedicate or transfer all or any part of the Common Areas to any
public agency, authority or utility for such purposes and subject to such conditions as may be
agreed to by majority vote of the Members.
5. Structures. Except as otherwise permitted by the provisions of this Declaration, no
Structure shall be, erected, placed or maintained on any Common Area except: (i) Structures
designed exclusively for the common use of Members, including, but not limited to, benches, chairs or
other seating facilities, fences and walls, walkways, roadways, and similar facilities; and (ii) pumping
stations, drainage, storm and utility systems. The Common Areas may be graded, planted with trees

and shrubs and other plants placed and maintained thereon for the use, comfort and enjoyment of the
Members or for the establishment, retention or preservation of the natural growth or topography of the
Common Areas and for aesthetic reasons.
6. Rules. The Association shall have the right to prescribe reasonable rules and regulations
governing the use of the Common Areas, which rules and regulations shall apply equally to all
Members.
7. Association Management. The Association may improve, develop, supervise, manage,
operate, examine, inspect, care for, repair, replace, restore and maintain the Common Areas, including,
by way of illustration, and not limitation, streets, roadways, sidewalks, parking areas and all trees,
shrubbery and other plants and landscaping, together with any items of personal property placed or
installed thereon, at the cost and expense of the Association.
ARTICLE THREE
RAserverl Rights nfferlarsint
8. Reserved Rights of Dechrant. The Association shall hold the Common Areas conveyed to it
by Declarant subject to a reservation to Declarant of an easement over any road in the Common Areas,
such easement for the purpose of ingress and egress and the installation and maintenance of public and
private utilities to serve the Property and any part thereof including any Lot and all or any part of the
property described in Exhibit B attached hereto.
9. Grading. Declarant further reserves unto itself the right at or after the time of grading of
any street or any part thereof for any purpose, to enter upon any abutting Lot and grade a portion of
such Lot adjacent to such street, provided such grading does not materially interfere with the use or
occupancy of the Lot for the purposes allowed herein. However, said Declarant shall not be under any
obligation or duty to do such grading or to maintain any slope.
10. Amendment of Plats. No right shall be conferred upon any Owner or Member by the
recording of any plat relating to the development of the Property, Declarant expressly reserving unto
itself the right to make such amendments to any such plat or plats as in its best judgment shall
be advisable and as shall be acceptable to public authorities having the right to approval thereof This
provision shall not be deemed to give Declarant any right to amend the property line or any Lot not
then owned by Declarant.
11. Easement for Utilities.
a. Declarant, for itself, its successors and assigns, reserves an easement on, over and
under the Common Areas for the purpose of ingress and egress and the installation and maintenance of
public and private utilities to serve the Property and the Lots therein, and all or any part of the property
described on Exhibit B attached hereto, including, but not limited to, the right to lay, install, construct
and maintain pipes, drains, mains, conduits, lines and other facilities for water, storm sewer, sanitary
sewer, gas, electric, telephone, cable television, and other public or private services or utilities deemed
by Declarant necessary or advisable to provide adequate service to any Lot now or hereafter laid out or

•
established on the Property, and all or any part of the property described on Exhibit B attached hereto,
or in or on the area in which the same is located;together with the right and privilege of entering upon
the Common Area for such purposes and malting opening and excavations thereon which openings and
excavations shall be restored in a reasonable period of time.
b. Further, Declarant, for itself, its successors and assigns, reserves an easement on, over
and under the Common Areas for the purpose of ingress and egress and the installation and
maintenance of public and private utilities to serve land adjoining any of the Common Areas (whether
such land is owned by Declarant, its successors or assigns, or others), including, but not limited to the
right to lay, install, construct and maintain pipes, drains, mains, conduits, lines and other facilities for
water, storm sewer, sanitary sewer, gas, electric,telephone, cable television, and other public or private
services or utilities deemed by Declarant necessary or advisable to provide adequate service to any such
land, or in or on the area in which the same is located, together with the right and privilege of entering
upon the Common Area for such purposes and making openings and excavations thereon which
openings and excavations shall be restored in a reasonable period of time.
ARTICLE FOUR
Membership and Voting Rights
12. Membership. Every Owner of a Lot which is subject to assessment shall be a member of the
Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot
which is subject to assessment.
13. Voting. The Association shall have two(2)classes of voting membership:
a. Class A. Class A Members shall be all Owners, with the exception of Class B
Members, and shall be entitled to one(1)vote for each Lot owned. When more than one person holds
an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as
the Owners among themselves determine, but in no event shall more than one vote be cast with respect
to any Lot.
b. Class R. The Class B Member shall be the Declarant. The Class B Member
shall be entitled to three(3)votes for each Lot owned. The Class B membership shall cease, subject to
revival upon additional land being annexed to the Property pursuant to this Declaration, and be
converted to Class A membership on the happening of the first to occur at the following:
i. When the total votes outstanding in the Class A membership equal or exceed
the total votes outstanding in the Class B membership, or
ii. January ,

ARTICLE FIVE
Covenant for Maintenance
14. Creation of Lien and Personal Obligations for Assessments. The Declarant, for each Lot,
hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall
be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (i) annual
assessments or charges, (ii) special assessments, and (iii) additional assessments, all such assessments
to be established and collected as hereinafter provided. The annual, special, and additional
assessments, together with interest, costs and reasonable attorney's fees shall be a charge on the land
and shall be a continuing lien upon the Lot against which each such assessment is made. Each such
assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal
obligation of the person(s) who was the Owner of such Lot at the time when the assessment became
due. The personal obligation for delinquent assessment shall not pass to successors in title of an Owner
unless expressly assumed by them.
15. Purposes of Assessments. Assessments levied by the Association shall be used exclusively
to promote the health, safety, and welfare of the Owners of Lots within the Property and for the
improvement and maintenance of the Common Areas and as is otherwise consistent with the rights and
responsibilities of the Association hereunder and for the benefit of the Members.
i b. Maximum Annual Assessment. Until January 1 of the year immediately following the
conveyance of the first Lot to a Class A Member, the maximum annual assessment shall be ONE
HUNDRED FIFTY($150.00)per Lot.
a. From and after January 1 of the year immediately following the conveyance of the first
Lot to a Class A Member, the maximum annual assessment may be increased each fiscal year of the
Association not more than fifteen percent (15%) above the annual assessment for the previous fiscal
year without a vote of the membership.
b. From and after January 1 of the year immediately following the conveyance of the first
Lot to a Class A Member the maximum annual assessment may be increased above fifteen percent
(15%) of the annual assessment for the previous fiscal year by a vote of two-thirds (2/3) of each class
of Members who are voting in person or by proxy, at a meeting duly called for this purpose.
c. The Board of Directors may fix the annual assessment at an amount not in excess of
the maximum.
17. Special Assessments.
a. In addition to the annual assessments authorized above,the Association may levy, in
any assessment year, a special assessment applicable to that year only for the purpose of defraying, in
whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital
improvement upon the Common Areas,including fixtures and personal property related thereto, and/or

to meet any other emergency or unforeseen expenses of the Association, provided that any such
assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who are
voting in person or by proxy at the meeting duly called for this purpose.
b. Special assessments shall be due as provided by the Board of Directors.
18. Notice and Quorum for Any Action Authorized Under Paragraphs 17 and 18. Written notice
of any meeting called for the purpose of taking an action authorized under Paragraphs 16 or 17 shall be
sent to all Members not less than five(5)days nor more than sixty(60)days in advance of the meeting.
At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent
(60%)of all of the votes of each class of Members shall constitute a quorum. If the required quorum is
not present, another meeting may be called subject to the same notice requirement, and the required
quorum at the subsequent meeting shall be one-half(1/2) of the required quorum at the preceding
meeting. No such subsequent meeting shall be held more than sixty(60) days following the preceding
meeting.
19. Uniform Rate of Assessment.
a. Subject to the provisions of sub(b)below, both annual and special assessments must be
fixed in a uniform rate for all Lots and may be collected on a monthly basis or other periodic basis not
more often than monthly or less often than annually.
b. Declarant Exemption. Anything in sub(a) above to the contrary notwithstanding,
Declarant shall not be required to pay any assessment for any Lot owned by the Declarant until
construction of improvements on the Lot have been completed and the improvements have been
occupied. So long as Declarant is exempt from assessment as herein provided, if the assessment for
any fiscal year of the Association, exclusive of those amounts collected by the Association for a reserve
fund and for the working capital fund, shall fail to equal or exceed the actual expenses incurred by the
Association during any such fiscal year because of such Declarant's exemption from payment of
assessments, then the Declarant shall pay to the Association a sufficient amount, up to the amount for
that fiscal year of the full assessment for each Lot owned by the Declarant, to meet any such deficit, so
long as (i) written notice of such deficit is given by the Association to the Declarant within sixty (60)
days following the termination of the fiscal year for which the assessment is made, and (ii) the
Declarant shall have no obligation for any such deficit caused by expenditures for capital improvements
or by any decrease in assessments, including, without limitation, the levying of an assessment in an
amount less than the maximum for any annual assessment, unless the same has been previously
approved in writing by the Declarant.
20. Additional Assessments. Additional assessments may be fixed against any Lot only as
provided for in this Declaration. Any such assessments shall be due as provided by the Board of
Directors in making any such assessment.
21. Surplus Receipts. Any surplus of receipts over expenses of the Association for any fiscal
year shall be either applied to reduce the assessments necessary to meet the budget adopted by the
Association for the next fiscal year or refunded by the Association to each Owner, and the refund shall

be prorated among the Owners (and former Owners), including the Declarant, based upon the portion
of the previous fiscal year that each such Owner(or former Owner), including the Declarant, shall have
held record title to the Lot, as determined by resolution of the Board of Directors.
22. Date of Commencement of Annual Assessments; Due Dates; Certificate of Payment of
Assessments.
a. The annual assessments provided for herein shall commence as to all Lots on the first
day of the month following the conveyance of the Common Area to the Association. The first annual
assessment shall be fixed by the Board of Directors and shall be adjusted according to the number of
months remaining in the calendar year. Thereafter, the Board of Directors shall fix the amount of the
annual assessment against each Lot at least thirty (30) days in advance of each annual assessment
period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due
dates shall be established by the Board of Directors.
b. If additional land is annexed to the Property as herein permitted, the annual
assessments as to the Lots added to the Property by such annexation shall commence on the first(1st)
day of the month following the conveyance to a Class A Member of the first (1st) Lot within the
annexed land.
c. The Association shall, upon demand, and for a reasonable charge, furnish a certificate
signed by an officer of the Association setting forth whether the assessments on a specified Lot have
been paid.
23. Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment not
paid within thirty (30) days after the due date shall constitute a lien against the Lot and bear interest
from the due date at the rate of TEN PERCENT (10%) per annum, and shall further be subject to a
late charge of Twenty Five Dollars ($25.00) for every month Bast due. The Board of Directors shall
have the right to declare the entire balance of the annual assessment and accrued interest thereon to be
immediately due and payable. In addition, the Owner shall be liable for all costs of collecting any such
assessment, including reasonable attorney's fee and court costs. All such interest, late charges and
costs of collection shall be deemed to be an additional assessment hereunder. The Association may
bring an action at law against the Owner personally, who is obligated to pay the same and/or, without
waiving any other right, may foreclose the lien in the same manner as the foreclosure of a deed of trust.
No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of
the Common Area or abandonment of his Lot.
24. Subordination of the Lien to Mortgages. The lien for the assessments provided for
herein shall be subordinate to the lien of any mortgage or deed of trust duly recorded prior to the time a
Claim of Lien is filed with the Clerk of Court of Carteret County. Sale or transfer of any Lot shall not
affect the assessment lien. However, any contract purchaser of a Lot shall be entitled, on written
request to the Association, to a statement in writing from the Association setting forth the amount of
any unpaid assessments against the Owner of the Lot due the Association and such purchaser shall not
be liable for, nor shall the Lot conveyed be subject to a lien for, any unpaid assessments made by the
Association against the Lot in excess of the amount set forth in such statement. The sale or transfer of

an Lot pursuant to foreclosure or any proceeding in lieu thereof, of a mortgage senior in priority to the
assessment lien, shall extinguish the lien of such assessments as to the payments which became due
prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any
assessments thereafter becoming due or from any lien therefor.
ARTICLE SIX
MATNTRNANC:R RY C)WNRR
The Owner of each Lot shall keep his Lot, and all improvements thereon, in good order and
repair, including but not limited to, the seeding, watering and mowing of all lawns (8" maximum
height) and yards, keeping all sidewalks neat, clean and in good repair, and free of ice and snow, the
pruning and cutting of all trees and shrubbery and the painting (or other external care) of all buildings
and Structures on the Lot, all in a manner and with such frequency as is consistent with good property
management and maintenance. If in the opinion of the Board of Directors, any Owner fails to perform
the duties imposed hereunder, the Association, after fifteen (15) days written notice to the Owner to
remedy the condition in question, and upon failure of the Owner to remedy the condition, the
Association shall have the right (but not the obligation), through its agents and employees, to enter
upon the Lot in question and to repair, maintain, repaint and restore the Lot and the improvements or
Structures thereon and the cost thereof shall be a binding, personal obligation of such Owner, and an
additional assessment upon the Lot in question.
ARTICLE SEVEN
AR C`.HTTFCTUR AT.RRVIPW
25. All of the rights and powers (including discretionary rights and powers) reserved by or
conferred upon Declarant by this Article Seven are invested initially in Declarant alone (including any
successor or assign) to which it shall convey or otherwise transfer its right, title and interest to all or
any part of the Property and in so doing expressly designates the transferee as °Declarant"),but may be
assigned or transferred by Declarant to the Architectural Committee. This right or assignment may be
exercised by Declarant from time to time, and.may be exercised in whole or in part, and may apply to
all or any part of the Property, including any Lot. In any event, the rights and powers of Declarant
under this Article Seven shall automatically terminate with respect to Declarant and vest in the
Architectural Committee alone upon the earlier to occur of(a) ten(10)years from the date hereof or
(b) when improvements have initially been constructed on all Lots and the Owners of all such Lots
have been issued Certificates of Occupancy by Carteret County for the improvements constructed on
the Lots. Whenever "Declarant or Architectural Committee" is used or referred to in this Article
Seven, it shall apply to the Declarant alone until such time as Declarant shall transfer rights to the
Architectural Committee and then shall apply to the Architectural Committee with respect to any such
rights transferred to the Architectural Committee.
26. No Structure shall be commenced, erected or maintained on the Property(including any Lot),
nor shall the exterior appearance (including the color thereof) of any Structure on the Property, be
changed or altered from the original appearance thereof, nor shall the natural state of any area of the
Property be disturbed or altered, nor shall any work be commenced or performed which may result in a
change in the exterior appearance of any such Structure, until plans and specifications showing the

nature, kind, shape, dimensions, materials, floor plans, color scheme, location, exterior plans and
details, paving plans and location, landscaping details and proposed topographical changes, together
with estimated cost of said work and the proposed construction schedule therefore, and together with a
designation of the party or parties to perform the work, have been submitted to and approved in
writing by Declarant(or Architectural Committee after the rights and powers with respect thereto have
been transferred to it by Declarant as herein provided). In the event the Declarant(or the Architectural
Committee) fails to approve or disapprove such design and location in writing within sixty (60) days
after said plans and specifications have been submitted to it, approval will not be required and this
Article will be deemed to have been fully complied with.
27. Committee Criteria. The Declarant (or Architectural Committee) shall consider such plans
and specifications for approval upon the basis of, among other things, the harmony of external design
and location in relation to surrounding Structures and topography, the nature and durability of the
materials, quality of workmanship, choice of colors and materials, grade elevations and/or drainage,the
ability of the party or parties designated by the Owner to complete the work proposed in accordance
with the plans and specifications submitted, including, without limiting the foregoing, such factors as
background, experience, skill, quality of workmanship, financial ability, etc. . . In reviewing the plans,
the Declarant (or Architectural Committee) may also consider factors of public health and safety, the
effect the proposed work will have on the use, enjoyment and value of surrounding properties, and/or
the outlook or view of other neighboring properties and the suitability of the proposed improvements
or alterations with the general aesthetic values of the surrounding area.
28. Disapproval of Plans. In any case where the Declarant (or Architectural Committee) shall
disapprove the plans and specifications submitted hereunder, or shall approve the same only as
modified or upon special conditions, such disapproval or qualified approval shall be accompanied by a
statement in writing of the grounds upon which such action was based. In any such case, the Declarant
(or Architectural Committee) shall, if requested, make reasonable efforts to assist and advise the
applicant in order that an acceptable proposal can be prepared and submitted for approval. However,
the final decision of the Declarant(or Architectural Committee)is final and binding.
29. Approval of Plans. The applicant shall submit for approval two (2) sets of plans and
specifications. Upon approval by the Declarant (or Architectural Committee), one copy of such plans
and specifications shall be retained by the Declarant (or Architectural Committee), and the other
bearing the approval of Declarant (or Architectural Committee) in writing shall be returned to the
applicant.
30. Non proved Structures. If any structure shall be altered,, erected, placed or maintained
upon any part of the Property, including any Lot, or any new use commenced on any part of the
Property including any Lot, in violation of the provisions hereof, such Structure or new use shall be
removed or discontinued, and such use shall be terminated sa as to extinguish such violation. If within
fifteen(15) days after notice from Declarant(or Architectural Committee)of such violation,the Owner
of the Lot upon which such violation exists shall not have taken reasonable steps towards the removal
or termination of the same, the Declarant (or the Association upon recommendation of the
Architectural Committee) shall have the right to apply to a court of competent jurisdiction for an order
directing the Owner to remove or discontinue such Structure or new use, and if the Owner shall fail to

do so, authorizing the Declarant or the Association, through its agents and employees, to enter upon
the Lot and to take such steps as it deems necessary to extinguish such violation, and the cost thereof
shall be a binding, personal obligation of the Owner of the Lot and an additional assessment upon the
Lot.
31. Completion of Construction. Upon completion of construction of any Structure in
accordance with the provisions hereof, the Declarant (or Architectural Committee), upon request of
the applicant shall issue a Certificate of Compliance in form suitable for recording with the Register of
Deeds of Carteret County, identifying such Structure and the Lot (or other part of the Property) on
which such Structure is placed, and stating that the Structure has been completed pursuant to the terms
hereof Preparation and recording of such Certificate shall be at the expense of the applicant. Any
Certificate of Completion issued pursuant hereto shall be prima facie evidence of the facts therein
stated, and as to any purchaser or encumbrancer in good faith, and for value, or as to any title insurer,
such Certificate shall be conclusive evidence that all Structures on the Lot (or other part of the
Property)noted in such Certificate comply with the provisions hereof
32. Examination Fee. The Declarant (or Architectural Committee) may charge and collect a
reasonable fee for the examination of the plans and specifications submitted for approval. Such
payment shall be made at the time such plans and specifications are submitted, provided that such
charge shall not exceed the amount chargeable by the appropriate governmental authority for an
application for and processing of building permits for Structures on the Lot with regard to which such
plans and specifications are submitted. Such fee shall be retained by Declarant (or the Association for
the Architectural Committee).
33. Committee Compensation. The members of the Architectural Committee shall serve
without compensation unless specifically approved by the Members.
34. Architectural Rules. The Declarant (or Architectural Committee), to the extent of its
functions hereunder and the rights specifically provided herein, may adopt and promulgate reasonable
rules and regulations regarding the administration, interpretation and enforcement of the provisions of
this Declaration.
35. Conditional Approvals.In granting any permit, authorization, or approval, as herein provided,
the Declarant (or Architectural Committee) may impose any appropriate conditions or limitations
' thereon as they shall deem advisable under the circumstances of each case.
36. Lot Restrictions. The following restrictions will apply to all Lots. These restrictions may
be amended by Declarant at any time until it shall transfer all of its rights and powers under this Article
Seven to the Architectural Committee. (This right of amendment is in addition to the right to
amendment of this Declaration set forth in Article Nine below). Any amendment shall become
effective when a written instrument setting forth the amendment is signed and recorded by Declarant
(or the Architectural Committee) at the Register of Deeds of Carteret County. The restrictions are as
follows:

a. Suhdivisinn. No Lot shall be split, divided, or subdivided for sale, resale, gift,
transfer or otherwise after acquisition. from Declarant. With respect to any Lots while owned by
Declarant, Declarant expressly reserves the right to further subdivide or alter property lines as it may
deem necessary and appropriate, subject to all applicable governmental laws, rules and regulations.
b. No Poles, No facilities, including poles and wires for the transmission of
electricity, telephone and the like shall be placed or maintained above the surface of the ground on any
Lot.
c. No Temporary Recidences. No temporary building, trailer, garage, or building in
the course of construction or other Structure shall be used, temporarily or permanently, as a residence
of any Lot.
d. No Junket] Vehicles,Boats, Trailers, No stripped, partially wrecked or junked motor
vehicle, boat or trailer, or any parts thereof shall be permitted to be parked or kept on any Lot. All
motor vehicles and boats shall have current registration and inspection certificates. The Association
shall have the authority to come upon any Lot for the purpose of removing any such vehicle or boat
upon the failure of the Owner to do so after ten(10)days written notice.
e. Trash. No lumber, metals, bulk materials, refuse or trash shall be kept, stored, or
allowed to accumulate on any Lot, except building materials during the course of construction of any
approved Structure. During the course of construction of any approved Structure, all trash or other
refuse resulting therefrom shall be removed weekly. The Declarant(or Architectural Committee),in its
sole discretion, may adopt and promulgate reasonable rules and regulations relating to size, shape,
color, and type of trash or other refuse containers permitted and the manner of storage of the same on
the Property,provided that the same must be sanitary and animal-proof. If trash or other refuse is to be
disposed of by being picked up and carried away on a regular and recurring basis, the containers
therefore may be placed in the open on any day that pick-up is to be made, at such place on the Lot as
to provide access to persons making such pick-up. At all other times such containers shall be stored in
such a manner so that they cannot be seen from adjacent and surrounding Lots.
f. Are.hitecfiiral Style;Building Restrirtinn..
i. Lots may only be used for single family residential purposes.
ii. The principal structure on the Property must have at least heated
square feet for one-story dwellings and heated square feet for one and
one-half or two-story dwellings.
iii. No flat roof on any building will be permitted on the Property. All dwellings
must have a roof pitch of 6/12 or more except for minor portions of the
dwelling roof which otherwise meet the other requirements and present no
aesthetic imbalance as determined in the sole discretion of the Declarant (or
Architectural Control Committee).

iv. Only dimensional shingles, wood shingles, tile, slate, or pleated metal(or other
materials with similar appearance approved by the Grantor, or subsequently the
owners association)will be permitted on roofs for structures on the Property.
v. Exterior sheathing on all dwellings shall consist of natural wood, brick, stucco
or hardiplank siding. Vinyl siding shall not be permitted.
vi. No detached carports will be permitted on the Property; however, detached
garages which are architecturally compatible with the residence and approved
by the Architectural Control Committee shall be allowed;
vii. No exposed stilts or pilings will be permitted on the Property; however, the
Architectural Committee may allow elevated decks to remain exposed;
viii. No metal buildings will be permitted on the Property.
ix. No buildings or structures using exposed concrete or cinder block on the
exterior will be permitted on the Property.
x. No exterior sidings installed in panels, including plywood,hardboard, synthetic,
or metal,will b,permitted for use on the Property.
xi. No window air-conditioner unit shall be installed on the Property.
xii. All driveways and parking lots are to be paved with concrete, asphalt, brick
pavers, or other edged aggregates (Examples: riverstone, coquina)which are
approved by the Declarant, or subsequently the owners association,by the time
the principal building on the Property is completed.
xiii. Entrances to enclosed garages may face in any direction provided that such
garage shall have a door or doors that completely close off the garage entrance
and such door or doors shall remain completely closed except during periods of
actual use of such garage entrance.
xiv. Flags and banners will be permitted but no more than one(1) decorative or art
banner and two (2) officially recognized State or Federal flags will be display
on any Lot at any given time. The Declarant (or Architectural Control
Committee) shall retain authority to pass reasonable rules and regulations
governing the display of such flags and banners.
xv. No elevated tanks of any kind will be permitted on the exterior of any structure
on the Property.
xvi. No shallow wells will be permitted on the Property except for use in
landscape irrigation.

xvii. No transmitting antennas may be attached to any building or installed on a Lot,
with the exception of a VHF radio antenna transmitting with less than 10 watts.
Any such antenna shall be inconspicuous and extend no more then ten (10)
feet above the highest point of the portion of the dwelling on which installed, or
above the ground if installed on the ground.
xviii. One (1) satellite receiving dish no greater than twenty (20) inches in diameter
and one(1)television/radio receiving antenna may be attached to any dwelling.
Such antennas and satellite dishes shall be inconspicuous and not visible at
standing eye-level from the curb at the streetside of the Lot on which installed,
nor at the streetside of either adjoining Lots.
h. i Tsed/Premanufactured Hnmes.No used or pre-manufactured homes or buildings of
any kind shall be permitted on the Property. For purposes of this section, any dwelling which is
installed in sections or pieces, manufactured at a location other then the Lot shall be considered a
"Premanufactured Home". Notwithstanding the above, the use of premanufactured roof trusses and
floor joists in the construction of a dwelling shall be allowed.
i. Home Offices. A home office is permitted, but not an office or any other use of a
dwelling on a Lot in which, other than the Owners or residential tenants of Owners, there are present
any employees or manager(s), whether full or part-time, day or night, for pay, other recompense, or
not, or in which inventory is stored, or where patients, wards or reciepients of care or services, or
where sales of goods or services take place other than telephonically or electronically, or which
generates more vehicular traffic than other dwellings on the Property.
j. Fences:There will be no fences in the front of any Lot. With respect to the back of any
Lot, no chain link or wire fences will be permitted; except that,with the prior written permission of the
Declarant (or Architectural Committee), such fences may be located on the back of the Lot if shielded
by vegetation or structures in such a manner as not to be visible from the front of Lot or from other
Lots(including property for annexation). No fence shall be of a height greater than four(4)feet and all
fences shall be subject to the approval of the Declarant (or Architectural Committee). However,
during such time as construction of a Structure is underway, Owner may temporarily maintain a chain
link or wire fence to enclose building materials and equipment located on the Lot for such time period
as reasonably necessary to complete such construction. Declarant (or Architectural Committee)
reserve the right to designate the location of such fenced area which shall be in the area detracting the
least from the appearance of the Property as a whole while still being reasonably accessible to Owner
for its intended purposes. After the completion of such construction or the necessity for securing
building materials or equipment within such fenced area, the fence shall promptly be removed by
Owner.
k. Animals. No animals, livestock or poultry of any kind shall be raised, bred or
kept on any Lot, except that dogs, cats and other household pets may be kept provided that they are
not kept, bred or maintained for any commercial purpose, and provided further, that such pets do not
constitute a danger or nuisance to other Owners or the neighborhood. NO more than three (3) such

pets shall be allowed to be kept at any Lot at any time. Snakes and other animals that are
known to be harmful to humans are not to be brought to or kept on the Property. The Association
shall have the authority to additional rules and regulations governing the keeping of pets on the
Property.
1. Vehicles No truck or ther vehicle in excess of a one-ton load capacity, and no
mobile home, trailer camper, similar vehicle shall be parked or kept on any Lot, in such a manner as to
be visible to the occupants of other Lots, for more than seven days during any 21 day period.
m. Nn OfT'ensive Activity. No obnoxious or offensive trade or activity shall be carried on
or upon the Lot nor shall anything be done thereon which may be or become an annoyance or nuisance
to adjoining Lot Owners.
n. Nn Pol uitinn. ' No Lot shall be so used as to cause any pollution to streams or ponds
on or adjacent to said Lots or to any adjoining property's water supplies which is in violation of any
Federal, State, or Local Statute, rule or regulation. No Lots shall be used or maintained as to cause
any erosion of soil or sediment into such streams, ponds or water supplies. During the grading and
construction of any improvements upon any Lot, adequate arrangements shall be made to insure that
no erosion of soil or sediment into such streams, ponds or water supplies.
o. I.iahting. No exterior lighting on any Lots shall be directed outward from he
boundaries of the Lot; and, mercury lights may not be used for any such exterior lighting.
p. Garage Sates. No owner may conduct more than one (1) garage sale in any twelve
(12) month period. Notwithstanding the above, an Estate of a deceased owner may conduct one (1)
estate sale. Otherwise, no sales which involve the display of goods of any kind, or vehicles or
watercraft, outside of dwelling and garages will be conducted.
q. Cnnstnietinn. Any new Structure to be constructed upon any Lot must be
substantially completed within twelve(12)months from the commencement of construction thereof
37. Interpretations and Exculpation of Liability. Declarant(or the Architectural Committee)will
be the interpreter of the provisions of this Declaration with respect to all matters involving aesthetics.
Its decisions in such matters shall be final if consistent with the intent of this Declaration. In any and all
events, neither Declarant or the Architectural Committee will be liable for any decisions, action or
inaction taken pursuant to this Article Seven, including, but not limited to any matters concerning
aesthetics and/or the administration, interpretation, application and enforcement of the provisions of
this Article Seven.
ARTICLE EIGHT
RI Tf FS ANT)RF.STRTCTTONS
38. Rules. In order to assure the peaceful and orderly use and enjoyment of the Property, the
Board of Directors may from time to time adopt, modify and revoke in whole or in part, such
reasonable rules and regulations, to apply equally to all similarly situated Lots and Owners, governing

the conduct of persons on or use of a Lot and the Common Areas, as the Association may deems
necessary. All such rules shall be binding upon all Owners, occupants and visitors to the Property. The
Association may impose a fine, suspend voting or infringe upon any other rights of an Owner or other
occupant for violation of the rules upon compliance with applicable law, if any, and this Declaration.
39. Rental Restrictions. Every lease or rental agreement for a Lot and the improvements
thereon shall provide that the tenant under the lease shall be subject to and shall comply with the
provisions of this Declaration, the By-Laws and Rules and Regulations of the Association, as the same
may be amended from time to time. No Owner shall enter into any lease for a Lot for a fixed term less
then three (3) months in duration. For purposes of this Paragraph, the existence of renewal terms or
options shall not be used in determining whether the term of the lease is
ARTICLE NINE
ANNF.XATTfN
40. Additional Property. Additional Lots and/or Common Areas may be annexed to the
Property with the consent of two-thirds (2/3) of each class of Members. Notwithstanding the above,
Declarant reserves the right in its sole discretion and without approval by the Members to annex to the
Property that certain adjoining tract or parcel or land identified on Exhibit B. The addition of this
additional property may be done in phases.
41. Recording. Any annexation made to the Property pursuant to Paragraph 40 above, shall be
done and become effective upon recording of an amendment to this Declaration by the Association in
the Office of the Register of Deeds of Carteret County, specifying the additional land to be annexed to
the Property.
ARTICLE TEN
FORCF.MA_TRI TRR
42. Whenever herein a time period is provided for the Declarant to do or perform, or within which
the Declarant may do or perform any act or thing, including but not limited to, the time of the
"Development Period" as defined hereinabove, in the event the Declarant is delayed or hindered in or
prevented from doing or performing such act or thing by reason of strikes, labor troubles, inability to
procure labor or materials, failure of power, restrictive governmental laws or regulations, riots,
insurrection, war, acts of God, fire, or other casualty or reason of a similar or dissimilar nature beyond
the reasonable control of the Declarant, then performance of such act or thing shall be excused for the
period of the delay and the period for the performance of such act or thing shall be extended for a
period equivalent to the period of such delay. In no event shall the extensions of time permitted herein
extend beyond twenty (20) years from the date of recordation of this Declaration with the Register of
Deeds of Carteret County.

ARTICLE TWELVE
STORM WATER PFRMTT
The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number , as issued by the Division of Water Quality under
NCAC 2h.1000:
a. Declarant(and upon transfer of the Common Areas,the Association)shall perform and
be responsible for the maintenance of all stormwater and sedimentation and erosion control measures
as from time to time required by the Water Quality Division of the North Carolina Department of
Environment,Health&Natural Resources. The Declarant(and later,the Association)shall further:
i. conduct monthly inspe ions of the pond site, or after every •: • producing
rainfall, whi• ever comes first, to ensure that the • cture operates in the manner . ginally intended.
Inspections ar= . be made,if possible, during wet we. er conditions to det- - whether the pond is
functioning prope Inspection priorities include chi= : g: (i) for • ctural failure, (ii) the
condition of the emer!:.•cy spillway and drain, (iii) the a ulatie of sediment, clogging_of the
barrel and outlet, (iv) the .• -a uacy of upstream and downstre. , e e sion protection measures, and(v)
modificatio which have o - .8 to the contributing waters =• . •d the pond structure. Inspections
are to be carri ut with as-built p 4 d construction plans in r d;
ii. periodically, remo - from • - surface of the po debris and litter as it
"'accumulates. Particular a e tion is to be pai. .. ? eatable debris around the ri and check the outlet
for possible clogging;.
maintain the s e• water retentio •and outlet structure;
control th; prolifera z of insects,w- odors, and algae that ma become a
nuisance factor asso '.ted wi e pond;
v. r- •. and/or replace any ele -nts of the pond 'te which are in need of such
repair and/or replace '-nt, espe y the pond containme structure, inlet d outlet structures;
remove sedime .which accumulates ' e pond as nec-. ary prior to sediment
build-up re.. ng a depth of 18" above the a - ign bottom of the ••nd
vii. remove sediment which ac ulates in the up earn catch basin necessary
prie to build-up reaching a depth of 6" below the outlet pipe invert.
b. Built-Upon Area. The maximum allowable built-upon are per Lot is 5000 square
feet. This allotted amount includes any built-upon area constructed within the Lot boundaries, and that
portion of the right of way between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but
does not include raised, open wood decking, or the water surface of swimming pools.

c. Filling in or piping of any vegetative conveyances(ditches,swales, etc.)associated with
the development except for average driveway crossings is strictly prohibited by all persons.
d. Each Lot will maintain a thirty(30)foot wide vegetated bugger between all impervious
areas and surface waters, if any.
e. All roof drains shall terminate at least thirty(30)feet from the mean high water mark of
surface waters, if any.
f Filling in, piping or altering any designated 5:1 curb outlet swale associated with the
development is prohibited by any person;
g. This development as approved proposes using a curb outlet system. Each designated
curb outlet swale shown on the approved plan must be maintained at least a minimum of 100 feet long
with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from
a ten(10)year storm in a non-erosive manner, and maintain a dense vegetated cover.
30,ocx, h. Tli 'lalmmimml.of
Ftrh re, 7 CA: a.;rta...a too-k.t .41.C.
ct.ru.004 C 3o,OQt SD
i. The State of North Cai olina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
j. Notwithstanding anything to the contrary herein,these covenants in respect to
stormwater management may not be altered or rescinded without the express written consent of the
State of North Carolina, Division of Water Quality.
ARTICLE THIRTEEN
C'TRNFRAI,PRfVTSTONS
44. Enforcement. The Declarant, the Association, or any Owner, shall have the right to enforce,
by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this Declaration. Failure by the Declarant, the
Association or by any Owner to enforce any covenant or restriction herein contained shall in no event
be deemed a waiver of the right to do so thereafter.
45. Variances. Declarant and later, the Association, shall have the right to grant variances
from the terms of this Declaration upon a specific finding that the variance will not harm the
appearance of the Property and will not be harmful to Lot values within the Property.
46. Severability. Invalidation of any one of these covenants or restrictions by judgment or court
order shall in noway affect any other provisions which shall remain in full force and effect.
i!' CEIVED
OAT 1 4 200k
DWQ
PROJ#

47. Amendment.
a. The covenants and restrictions of this Declaration shall run with and bind the land, for a
term of twenty (20) years from the date this Declaration is recorded, after which time they shall be
automatically extended for successive periods of Ten (10) years. Subject to sub(b) below, this
Declaration may be amended by instrument signed by no less than seventy-five percent (75%) of each
class of Members who are entitled to vote at a meeting of Members. Any amendment must be
recorded.
b. Until the conclusion of the Development Period of the Property, no amendment may
alter or affect any rights granted hereunder to the Declarant, without the prior written consent of the
Declarant. Notwithstanding the foregoing, no amendment affecting assessments, any property right,
the right of any Owner to have, use or enjoy any easement or to use and enjoy the Common Area, or
the vested right of any party secured by a mortgage or deed of trust shall be valid or of any effect
unless such amendment has been approved in writing by such party having such right or interest.
48. Notices. All notices required or provided for in this Declaration shall be in writing and
hand delivered or sent by United States mail. If hand delivered, the notices shall be sent to the
addresses shown below and shall be deemed to have been given on the date hand delivered to the
address of the party to whom the Notice is sent. If United States mails are used, the notices shall be
sent to the addresses shown below, certified or registered mail, return receipt requested, postage
prepaid, and shall be deemed to have been given on the date deposited in the United States mails.
Notice shall be addressed as follows:
To Declarant: RIP NEWPORT CORPORATION
c/o Ray Murdoch
with copy to: The Harris Law Firm,PLLC
c/o R. Andrew Harris,Esq.
P.Q.Box 712
Morehead City,NC 28557
To the Association: To the Registered Agent of the Association at his/her address
as listed with the Secretary of State of North Carolina.
To Owner/Members: To the last known address of Owner/Member as shown on the
records of the Association at the time of such mailing, and if
there is no such address, then to the Lot of such
Owner/Member.
Any person shall the right to designate a different address for the receipt of notices other than
set forth above, provided the person's new address is contained in a written notice given to the
Declarant during the Development Period and to the Association.

49. Right of Entry. Violation or breach of any provision herein contained shall give Declarant or
the Association, to the extent that any of them may have a right of enforcement thereover, their
respective agents, legal representatives, heirs, successors and assigns, in addition to all other remedies,
the right (but not the obligation), after five(5) days notice to the Owner of the Lot, to apply to a court
of competent jurisdiction for an order granting the Declarant or the Association the right to enter upon
the Lot or the land as to which such violation or breach exists, and to abate and remove, at the expense
of the Owner thereof any Structure or condition that may be or exists thereon contrary to the intent
and meaning of the provisions hereof; and the said parties shall not thereby be deemed guilty of any
manner of trespass for such entry, abatement or removal, except that if any agent of Declarant or the
Association shall be responsible for actually committing a trespass by behavior going beyond the intent
of the authority conferred by this Section, in such event neither Declarant nor the Association shall be
responsible for the unauthorized acts of such agent(s). Nothing herein contained shall be deemed to
affect or limit the rights of Owners of the Lots when entitled to do so, to enforce the covenants by
appropriate juridical proceedings.
50. No Reverter or Condition Subsequent. No provision herein is intended to be, or shall be
construed as, a condition subsequent or as creating a possibility of reverter.
51. Remedies. Damages may not be deemed adequate compensation for any breach or
violation for any provision hereof, so that any person or entity entitled to enforce any provision hereof
shall be entitled to relief by way of injunction, preliminary or final, as well as any other available relief
either at law or in equity.
52. Headings. The headings or titles herein are for convenience of reference only and shall not
affect the meaning or interpretation of the contents of this Declaration.
[the remainder of this page is intentionally left blank]

[signature page]
IN WITNESS WHEREOF, the undersigned, being the members of the Declarant herein,
have hereunder set their hand and seal, the day and year first above written.
RJP NEWPORT CORPORATION
By: (SPAT)
President
Attest:
Secretary
STATE OF NORTH CAROLINA
COUNTY OF CARTERET'
I, a Notary Public of the County and State above, do hereby certify that
personally came before me this day and acknowledged that helshe
is Secretary of , a North
Carolina corporation, and that by authority duly given and as the act of the corporation, the
foregoing instrume t was signed in its name by its President, sealed with its corporate
seal and attested bym/her as its Secretary.
This the day of ,2004.
Notary,Public
My commission expires:

•
EXHIBIT A
[Property Description]

STROUD ENGINEERING, P.A. �M44IE ©I ETRACIv`]� i]fl4EMI
Hestron Plaza Two
151-A Hwy. 24
MOREHEAD CITY, NC 28557 DATE (o f ) JOB NO� t tO
[phone] ATTENTION`
TO i'IW1 u RE:
2:4-61(4;6 Pk‘d DY• PA', kilf1 144.44(
W; [vl/.i -1vv) � aeL1b' gN)VA)
WE ARE SENDING YOU 0 Attached 0 Under separate cover via the following items:
0 Shop drawings 0 Prints ❑ Plans ❑ Samples 0 Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
kpr1SS MsairrO=A v�
1 o.�® Px��s Fee Cyr J �d ou,(i4 y .)
(CA2e4 iczo
OCT 13 2004 I
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use 0 Approved as noted 0 Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment 0
❑ FOR BIDS DUE 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
SIGNED:
If enclosures are not as noted,kindly notify us at once.

®v
NCDENR
North Carolina Department of Environment and Natural Resources
127 Cardinal Drive Extension,Wilmington, NC 28405 [phone] FAX[phone]
Request for Express Permit Review
FILL-IN all information below and CHECK required Permit(s).FAX to Cameron Weaver along with a vicinity map of the project location.
Projects must be submitted by 9:00 A.M.of the review date,unless prior arrangements are made.
APPLICANT Name DAVID RAY MURDOCH,JR.
Company . RJP-NEVVPORT CORPORATION
Address 123 NINE J ROAD City NEWPORT Zip 28570 County CARTERET
Phone [phone] Fax [phone] Email
PROJECT Name
ENGINEER/CONSULTANT RONALD D. CULLIPHER, PE
Company STROUD ENGINEERING, P.A.
Address 151-AHWY24 City MOREHEAD CITY Zip 28557 County CARTERET
Phone [phone] Fax [phone] Email [e-mail]
Brief Description of Project THIS PROJECT IS BEING SUBMITTED AS A LOW DENSITY SINGLE FAMILY SUBDIVISION
WITH 30%ALLOWABLE IMPERVIOUS. THE ROAD SYSTEM WILL HAVE CURB AND GUTTER WITH CURB OUTLETS
DISCHARGING INTO THE REQUIRED 100'VEGETATED SWALES.
❑ STREAM ORIGINATION CERTIFICATION
1 STORMWATER ❑ Low Density ❑High Density-Detention Pond ❑ High Density-Other
©-Low Density-Curb&Gutter ❑ High Density-Infiltration ❑Off Site
❑ COASTAL ❑ Excavation&Fill ❑ Bridges&Culverts ❑ Structures Information
MANAGEMENT ❑ Upland Development ❑Marina Development ❑ Urban Waterfront
['LAND QUALITY ['Erosion and Sedimentation Control Plan
❑ WETLANDS(401) ❑ No Wetlands on Site(letter from COE) ❑Wetlands Delineated/No JD
❑Greater than 0.1 AC Wetlands Impacted ❑Jurisdictional Determination has been done
❑ Less than 0.1 AC Wetlands Impacted ❑Greater than 0.5 AC Wetlands Impacted
The legislation allows additional fees, not to exceed 50% of the original Express Review permit application fee,
to be charged for subsequent reviews due to the insufficiency of the permit applications.
For DENR use only 1
SUBMITTAL DATES:
Fee Split for multiple permits: OCT 1 3 2004
SW $
CAMA $ ,BY- SGv 7G l Xv
LQS $
401 $
Total Fee Amount $

STROUD ENGINEERING, P.A. E-RIVET ©[ u RAf�] t]04 ]La° L�
Hestron Plaza Two
151-A Hwy. 24
MOREHEAD CITY, NC 28557 DATE 10 (1 1 04 J el b-lo
[phone] ATTENTION
L L Y
TO � G � RE:
1�,Gt. �jlAl I.S
al- Ca Kb -k De, `E' Avacet,\vt PeaK
VUi(vini `6'1) !C 2&'-lbS
WE ARE SENDING YOU 0 Attached 0 Under separate cover via the following items:
>
❑ Shop drawings 0 Prints ❑ Plans 0 Samples ❑ Specifications
0 Copy of letter 0 Change order ❑
COPIES DATE NO. SCRIPTION
?It is (VI i"-S D c l t)
IA or�i B A .4 G6 swU- col ) vet) ro4 4 swl7- 1c75
I �[&ra..1 v-Ie-d
i Ca.,_ pLc2A-141 arts
1 Dn.++ ca,„,,,,,As
I OCT 13 20
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted D Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections 0 Return corrected prints
>
❑ For review and comment ❑
❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
AVINA-1
SIGNED:
If enclosures are not as noted,kindly notify us at on

Narrative
Stormwater Management Plan
Gracelyn Park
October 6,2004
Owner:
RJP Newport Corporation
C/o Ray Murdoch
Newport,NC 28570 RECEIVED
[phone]
Engineer: Stroud Engineering,P.A. OCT.13 2004
151-A Hwy 24 DW
Morehead City,NC 28557 51 ,F0 ha)(P
[phone] PROJ#
A. Description of Project
Gracelyn Park is planned residential community offering housing in Newport,located in Carteret
County. The project consists of eighty-four lots for single family residences.
The site presently drains to the south into Snows Swamp Branch,which is classified as"C"
waters. The project is being proposed as low density with impervious surfaces totaling 30%of the
tract(see plans for allotments). The project is proposing curb outlets with required vegetative swales
for the treatment of stormwater.
The project will be constructed in three phases. The right of ways within each phase will limit
initial construction to one hundred feet. Once the utilities and roads are constructed and this area
stabilized,the lots will then be disturbed on a lot by lot basis by others. The proposed land disturbance
will not occur at one time. Prior to initiating a subsequent phase,the previous phase shall be
stabilized.
B. Erosion and Sedimentation Control Measures
The following measures are proposed for the site. If it becomes evident that additional erosion and
sedimentation control measures are needed,they shall be installed immediately. It is intended that all
grading and excavation activities within a certain area will be protected as soon as that activity is
complete.
1. Sediment Fence—Sediment fence will be utilized as necessary in locations as shown on plans or
as deemed necessary by the engineer to insure that off-site sedimentation is controlled.
2. Seeding—All disturbed areas will be seeded within 14 days following construction in accordance
with the seeding schedule shown on the plans.
3. Stone Construction Entrance — Stone construction entrance will be used to reduce transport of
sediment off site.
4. Temporary Sediment Traps— Sediment traps will be constructed as shown on plans and serve to
trap sediment and prevent from the sediment moving off-site.
Maintenance Plan
1. All erosion and sediment control measures shall be checked for stability and effective operations
following every runoff producing rainfall event or at least once per week. Repairs required shall
be completed immediately to the dimension and functions indicated on the plans.
2. Sediment shall be removed form behind the sediment fencing when it becomes 0.5 feet deep at the
fence. The fence shall be replaced or repaired as necessary to maintain a barrier.
File:pm816-10/narrative.doc

3. All seeded areas shall be fertilized,seeded and mulched within 15 days of disturbance. Disturbed
areas shall be fertilized,reseeded and mulched as necessary according to the Contract documents
to establish and maintain a dense vegetative cover.
Construction Sequence
1. Clear and grub areas within right of way, drainage and utility easements (100' clearing and
grubbing limit includes right of way).
2. Install stone construction entrance.
3. Install silt fencing as located on plans within area of construction.
4. Construct drainage swales and temporary sediment traps, where specified. Install Excelsior
erosion control blanket within all swales. Seed constructed drainage swales within 14 days of land
disturbance.
5. Rough grade area within right-of-way
6. Install utilities.
7. Fine grade street area and seed areas to remain outside of paved area.
8. Install curb and gutter and drainage outlet flumes and place CABC.
9. Pave street.
10. Perform final seeding and mulching.
11. Remove temporary sediment traps within drainage area once all lots within said drainage area
have been developed and drainage swales are stabilized.
C. Design Assumptions
1. Design storm is ten years. All cross drainage designed for twenty-five years.
2. The rational method was used for the design.
D. Coastal Stormwater Regulations
The North Carolina Division of Environmental Management implemented coastal stormwater
regulations in coastal counties on January 1, 1988. These regulations are detailed in 15 NCAC
2H.1000 Stormwater Management. These rules allow for a development to be considered under
various options. This project is submitted for approval consideration under Section .1003(d)(1) low
density development.
(cID:41 ____Lt_.10 t,
C;�QCF ES S�oy• 9 s Ronald D. Cullipher,P.E. Date
*s � SEAL ter:
:• 13343 *
•
Ir
41. ......e 40
gee•
File:pm816-10/narrative.doc

STROUD ENGINEERING, P.A. JOB VAS I b-U Ci r t jr 1 rurK
1 SHEET NO. .1 OF
Hestron Plaza Two 41
151 A Hwy. 24 CALCULATED DATE t'ili , I
MOREHEAD CITY, NC 28557 CHECKED BY C��� q4i' ,.' d
[phone] �‘‘`°•`ORT .L.q••,,4
SCALE % \ ••••••• op •
i! +iii
1 em
1 L'L:TE
I I'W
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11
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I I I I 1_ 1 i _ I I 1 i- j I
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1 i t ~.'� , i 1 '

STROUD ENGINEERING, P.A. JOB �g`b_to Ar p. r Pack 6
Hestron Plaza Two
151 A Hwy. 24 CALCULATED BY / DATE t AW
MOREHEAD CITY, NC 28557 CHECKED BY .kk Ate. DATE O ffr 14
252 247-7479
SCALE
,,I,IIIOIit%
.e°o! 14. Ces AR ,10,
`�� •.00 '- "�0..�9i-
.
1.
.. " . SEAL 7r i
13343 :*i
PROJECT: GRACELYN PARK :�O OA. Q, :'It
LOCATION: NEWPORT,CARTERET COUNTY, NC ' •i�'y.9z'•.•,U•INE.;;.•°���o
,fir' 0•••o• `A ,
,,
,'I.": e e+N•`-%
RUNOFF CALCULATIONS
RATIONAL METHOD: Q=CIA
RETURN PERIOD: 25 YEARS (CROSS DRAINAGE)
Tc: . [ 5 MIN.
INTENSITY: ,:;1',.a'1a ::, t::l .=t� � �:�is48 1-5
.. .. .. . ... .. . ...........
RETURN PERIOD: r '';', K i�;:::.' ''`',.:' 10 YEARS
Tc: .1;. `: 5 MIN. ✓ , .
INTENSITY: ' ' '``723 iN/HR ✓ .
RUNOFF COEFFICIENTS:'' ' ` ' ' 1 IMPERVIOUS AREAS
0.35 GRASSED AREAS
DA AREA(SF) AREA I STREET LOT BUA TOTAL IMP. TOTAL IMP. GRASSED GRASSED Co Q10 025
(AC) AREA(SF) (SF) AREA(SF) AREA(AC) I (SF) I (AC) (CFS) (CFS)
1 87182 2.001 15829 23333 39162 0.899 48020 1.102 0.64 9.29 10.47
2 129073 2.963 19294 18333 37627 0.864 91446 2.099 0.54 11.56 13.03
3 118606 2.723 18235 28333 46568 1.069 72038 1.654 0.61 11.91 13.43
4 132559 3.043 16877 40000 56877 1.306 75682 1.737 0.63 13.84 15.60
5 ' 49450' i.135,' :4020 , ' 16667 22687 0.521 26763 0.614 0.65. 5.32 6.00
. '
6 31;39U.. ;0:72�1. 3230:: , ,. 10000 13230 .0.304 18160 0.417 0.62 3.25 3.66
t 57977 1.331 10894 10000 20894 0.480 37083 0.851 0.58 5.62 6.34
8 39395 0.904 4402 16667 21069 0.484 18326 0.421 0.70 4.56 5.14
9 19900 0.457 4297 3333 7630 0.175 12270 0.282 0.60 1.98 2.23
10 179509 4.121 26149 53333 79482 1.825 100027 2.296 0.64 19.00 21.42
11 55129 11.266 7167 16667 23834 0.547 31295 0.718 0.63 5.77 6.51
12 45508 1.045 8199 10000 18199 0.418 27309 0.627 0.61 4.61 5.19
13 35037 0.804 6603 6667 13270 0.305 21767 0.500 0.60 3.47 3.91
14 .108047 • , 2480 „13677 .I
I I 36667 I 50344 I � 1:156 I 57703 I 1,325 10.65 111.71 I 13.20 I
,, . .

STROUD ENGINEERING, P.A. JOB Pr/113Ila-LO GulttiVr rft,UK.
Hestron Plaza Two SHEET NO. J OF
151 A Hwy. 24 CALCULATED BY L DATE Itit 6
4.
MOF EHEAD-CITY;NC.28557 CHECKED BY DATE )0/N b
[phone] SCALE ,‘_ 01111111•�t ia�ii
�;•OFESs�..e/,s
*14 SLR ��
13343
TABULATION OF IMPERVIOUS SURFACE AREA(BUA) FOR LOTS: Ira"'..'4'c.,l,jEs. •.� ...?
dpi r(,.!1 Jug .., uo° ��,0
entire lot 5000 sf v�`'P.," ` �'�-ti,•`��,
lot fronts 3333 sf Poyre�ii���
(2/3 BUA)
FRONT ENTIRE TOTAL
DA #..LOTS, „.,SF #LOTS• SF BUA
1 ' .4 :.• -13333 '. '.s-'2`.. .). 10000 23333
2 4 ' 13333 1 5000 18333
3 7.. 23333 .1: 5000 28333 .
4 12 ' 40000 . 0 0 40000
5 5 16667 0 0 16667
6 3 10000 0 0 10000 .
7 : 3 10000 0 0 10000
8 5 16667 0 0 16667 _
9 1 3333 0 0 3333
10 13 43333 2 10000 53333
11 5 16667 0 0 16667
12 3 10000 0 0 10000
13 2 6667 0 0 6667
14 11 36667 0 0 36667

STROUD ENGINEERING, P.A. JOB 'Mg 1b-In 'racd jr 'X
Hestron Plaza Two SHEET NO. OF
151 A Hwy. 24 CALCULATED BY ;�1 DATE yAri
MOREHEAD CITY, NC 28557 CHECKED BY V T. DATE •M O
[phone] SCALE
e`.03t CAFO1 4.
....... /+�i
"�O o;ESS/d, 9 %
SEAL i
r `+ 13343 •
Swale Design-Data Table
(UtilizingMannin s`E n: e •F,. m C@° ���
Q= 1.486(A)(R)2/3(S)1 v �.
r Y+r3YYaa7��'S4ati1+
Trapezoidal Section
A=By+My2
P=B+2y(1+m2)1"2
R=A/P
All Sections
-B='6:
M= 5
•
n= 0.02 n= 0.03
Swale DA(ac) Q10(cfs) ; Slope V1 (ft/s) y1 (ft) V2(ft/s) Y2(ft)
1 1 9.29 0.017 3.92 0.31 2.97 0.39
2 2 11.56 0.005 2.76 0.5 2.07 0.61
3 3 11.91 0.0104 3.59 0.41 2.70 0.51
4 4 13.84 0.0055 3.01 0.53 2.26 0.66
5 5 . 5.32 0.005 2.16 0.32 1.64 0.40
6 6 3.25 0.0077 2.13 0.22 1.62 0.27
7 7 5.62 0.0021 1.64 , 0.42 1.23 0.53
8 8 4.56 0.0036 1.84 0.32 1.40 0.41
9 9 1.98 0.0105 1.98 0.15 1.52 0.19
10 '10 ;;` .19.00 ; '. 0.0067. 3.54 0.60 2.65 0.74
11 11.:. , . 5.77: 0.003 1.87 0.39 1.41 0.49
12 12' 4.61 0.005 2.07 0.30 1.57 0.37
13 13 3.47 0.0048 1.86 0.26 1.41 0.32
14 14 11.71 0.0082 3.29 0.44 2.48 0.54
Note:
V1 and y1 are for bare earth n=0.02
V2 and y2 are for grassed lined n=0.03
Bare earth V>2.5 ft/s use an erosion control lining.
*Proposing to use erosion control lining in all swales.
Grass lined velocities are all non-erosive.

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North Carolina Department of Environment and Natural Resources
127 Cardinal Drive Extensio ,Wilmington,NC 28405 [phone] FAX[phone] �A_
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Request for Express Permit Review clisA
FILL-IN all information below and CHECK required Permit(s).FAX to Cameron Weaver along with a vicinity map of the project location.
Projects must be submitted by 9:00 A.M.of the review date,unless prior arrangements are made.
APPLICANT Name DAVID RAY MURDOCH,JR.
Company . RJP NEWPORT CORPORATION
Address 123 NINE J ROAD City NEWPORT Zip 28570 County CARTERET
Phone [phone] Fax [phone] Email
PROJECT Name
ENGINEER/CONSULTANT RONALD D.CULLIPHER, PE
Company STROUD ENGINEERING, P.A.
Address 151-A HWY 24 City MOREHEAD CITY Zip 28557 County CARTERET
Phone [phone] Fax [phone] Email rcuilipher@stroudengineer_com
Brief Description of Project: THIS PROJECT IS BEING SUBMITTED AS A LOW DENSITY SINGLE FAMILY SUBDIVISION
WITH 30%ALLOWABLE IMPERVIOUS. THE ROAD SYSTEM WILL HAVE CURB AND GUTTER WITH CURB OUTLETS
DISCHARGING INTO THE REQUIRED 100'VEGETATED SWALES.
❑ STREAM ORIGINATION CERTIFICATION
STORMWATER ❑Low Density ❑High Density-Detention Pond ❑High Density-Other
1-Low Density-Curb&Gutter ❑ High Density-Infiltration ❑Off Site
❑ COASTAL 0 Excavation&Fill ❑ Bridges&Culverts ❑Structures Information
MANAGEMENT ❑ Upland Development ❑Marina Development ❑Urban Waterfront
SAND QUALITY 0-Erosion and Sedimentation Control Plan
❑ WETLANDS(401) ❑No Wetlands on Site(letter from COE) ❑Wetlands Delineated/No JD
D Greater than 0.1 AC Wetlands Impacted ❑Jurisdictional Determination has been done
0 Less than 0.1 AC Wetlands Impacted ❑Greater than 0.5 AC Wetlands Impacted
The legislation allows additional fees, not to exceed 50% of the original Express Review permit application fee,
to be charged for subsequent reviews due to the insufficiency of the permit applications.
For DENR use only
SUBMITTAL DATES:
Fee Split for multiple permits:
SW
CAMA $
LQS $
401 $
Total Fee Amount $
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151-A Hwy 24
Morehead City,NC28557 Stroud Engineering, P.A.
252-247-7479 Phone
252.247.4098-Fax
Fax
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