SW8041006_Historical File_20101026

KIRK:KA N WHITFORD BRADY & BERRYMAN, P.A.
ATTORNEYS AT LAW
POST OFFICE BOX 1347
NEIL B.WHITFORD MOREHEAD CITY,NORTH CAROLINA 28557-1347
CAROLYN B.BRADY* TELEPHONE [phone] STREET ADDRESS:
MEUSSA BERRYMAN 710 ARENDELL STREET-SUITE 105
KIMBERLY L.FARIAS** FACSIMILE [phone] MOREHEAD CITY, NC 28557
KYLE C. DART E-mail: [e-mail]
www.kirkmanwhitford.com
*ALSO LICENSED IN GEORGIA
**ALSO LICENSED IN CAUFORNIA
October 21, 2010
Ms. Angela Hammers
North Carolina Department of Environment and Natural
Resources
127 Cardinal Drive Extension
Wilmington, NC 28405 RECEIVED
D
Re: SW 8041006- Gracelyn Park- Newport, NC OCT 2 22010
BY.
Dear Ms. Hammers:
Enclosed please find:
-"State Storm Water Permit Name/Ownership Change Form"
-A copy of the Articles of Incorporation of Gracelyn Park
Homeowners' Association, Inc.
-A copy of the Restrictive Covenants with the Storm Water
Permit language being contained in Article Twelve.
- A statement from the Owner' s Association establishing
that Elizabeth Moore is the president.
Please indicate the transfer of the storm water permit to
the Homeowners' Association on the State' s records. If you
need additional information, please write, call, or email.
Thank .0 again for ; our patience in this matter.
Singe , ,
.I
. 14
, -mor
Neil = . it ord
CC: Debra Whaley, Esq. , with copies .

SOSID:829766
Date Filed:2/21/2006 8:20:00 AM
Elaine F.Marshall
North Carolina Secretary of State
C200605100084
ARTICLES OF INCORPORATION
OF
GRACELYN PARK HOMEOWNERS'ASSOCIATION,INC.
Pursuant to Section 55A 2-02 of the General Statutes of North Carolina,the
undersigned does hereby submit these Articles of Incorporation for the oses of
forming a nonprofit corporation.
OAN
1. NAME The name of the corporation is Qt'l
GRACELYN PARK HOMEOWNERS' ASSOCIATIO ; C. 2400
2. PURPOSE The purposes and powers for which the Corporation is o ' ed
are as follows:
a. To operate and manage a residential subdivision named Gracelyn Park
(the"Subdivision")located in Newport,Carteret County, North Carolina, and more
particularly depicted in Map Book 30,Page 905, Carteret County Registry, including
additions thereto as provided for under the Declaration;
b. To undertake the performance of, and carry out the acts and duties
incident to the administration of the operation and management of the Corporation and
the Subdivision, all as set out and contained in these Articles and the Declaration for
Gracelyn Park Subdivision recorded in Deed Book 1155,Page 253, Carteret County
Registry, including amendments thereto. (the "Declaration");
c. To make, establish and enforce reasonable rules and regulations governing
the use of the Common Area(as described in the Declaration), and other real and
personal property which may be owned by the Corporation;
d. To make, levy and collect assessments against Owners of Lots(as
described in the Declaration); to provide the funds to pay for the common expenses of
the Corporation as provided in the Declaration and to use and expend the proceeds of
assessments in the exercise of the powers and duties of the Association; to use said
assessments to promote the recreation, acquisition, improvement and maintenance of the
Common Areas, services and facilities devoted to this purpose and related to the use and
enjoyment of the Common Area, including but not limited to the cost of repair,
replacement and additions thereto,the cost of labor, equipment,materials,management,
supervision therms the maintenance of insurance in accordance with the By-Laws,
including the employment of attorneys and other professionals to represent the
Corporation when necessary for such other needs as may arise;
e. To maintain, repair, replace, and operate the properties for which the
Corporation is responsible;

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f. To enforce by any legal means, the provisions of the Declaration,the By-
Laws, and the rules and regulations for the use of the Corporation's properties;
g. To have all of the common law and statutory powers of a non-profit
corporation under NCGS Chapters 55A and as an"Association"under NCGS Chapter
47F and also those powers as set out in the Declaration and all powers reasonably
necessary to implement the purposes of the Corporation;
3. MEMBERS The Corporation shall have as members those persons defined in
the Declaration.
4. REGISTERED OFFICE AND AGENT. The street address and county of the
initial registered office of the corporation is 304 North 35th Street,Morehead City,
Carteret County,North Carolina 28557, and the name of the registered agent is R.
Andrew Harris. The mailing address of the initial registered office is the same as above.
5. PRINCIPAL OFFICE The street address and county of the principal office
is 304 North 35th Street,Morehead City,Carteret County,North Carolina 28557;
b. INITIAL DIRECTORS The number of directors of the corporation may be
fixed in the By-Laws. The number of persons constituting the initial board of directors
shall be Three(3). The names and addresses of the person who are to serve as the initial
directors until their successors are elected and qualified are:
NAME ADDRES S
David Ray Murdoch 304 North 35th Street
Morehead City,NC 28557
John Gainey 304 North 35th Street
Morehead City,NC 28557
Phil Munden, Sr. 304 North 35th Street
Morehead City,NC 28557
Notwithstanding any provision to the contrary stated herein and to the extent
consistent with Chapter 55A and Chapter 47F, Declarant (as defined in the Declaration)for
a period of five (5) years measured from its date of recordation or such date as Declarant
may earlier release its rights created hereinrol of the Association to the Members, the
Declarant shall be solely entitled to appoint the persons who will serve as members of the
Board of Directors of the Association.
7. INDEMNIFICATION OF OFFICERS AND DIRECTORS To the fullest
extent permitted by North Carolina General Statutes Section 55A-8-57(a)and all other
applicable provisions of the NORTH CAROLINA NONPROFIT CORPORATION ACT,
E I

3
as the same now exists or may hereafter be amended,the Corporation shall indemnify all
persons serving as officers or directors of the Corporation, or in both such capacities,
against all liability and litigation expense,including but not limited to reasonable
attorneys`fees, arising out of their status as such or their activities in any of the foregoing
capacities, regardless of when such status existed or activity occurred and regardless of
whether or not they are officers or directors of the Corporation at the time such
indemnification is sought or obtained. Without limiting the generality of the foregoing
indemnity, such persons may also recover from the Corporation all reasonable costs,
expenses, and attorneys'fees in connection with the enforcement of rights to
indemnification granted by this Paragraph. The provisions of this paragraph are in
addition to and not in limitation of the power of the Corporation with respect to, and the
rights of any officer, director, employee or agent of the Corporation to receive the
benefits o any other or further indemnification, insurance, elimination of liability or
other right or benefit which is either required by the NORTH CAROLINA NONPROFIT
CORPORATION ACT or permitted thereby and duly adopted by the Corporation in
accordance therewith.
8. PERSONAL LIABILITY OF DIRECTOR,& The personal liability of each
director of the Corporation is hereby eliminated to the fullest extent that elimination
thereof is permitted by North Carolina General Statutes Section 55A-2-02(b)(4)and all
other applicable provisions of the NORTH CAROLINA NONPROFIT CORPORATION
ACT, as the same now exists or may hereafter be amended.
9. EFFECTIVE TIME OF FILING. Pursuant to North Carolina General Statutes
Section 55A-1-23(a)(2),this document shall be effective at 12:00:01am on the date on
which it is filed by the Office of the Secretary of State of North Carolina.
10. TAX STATUS; DISTRIBUTIONS.
a. The Corporation shall have all of the powers granted non-profit
corporations under the laws of the State of North Carolina. Notwithstanding any other
provision in these Articles,the Corporation hereby elects tax exempt status under§ 528
of the Internal Revenue Code of 1986, as amended.
b. No Director, Officer or employee of or member of a committee of or
person connected with the Corporation,or any other private individual, shall receive at
any time any of the earnings or pecuniary profit from the operations of the Corporation.
This shall not prevent the payment to any such person of such reasonable compensation
for services rendered to or for the Corporation in effecting any of its purposes as may be
fixed by the Board of Directors from time to time. Further, no such person or persons
shall be entitled to share in the distribution or winding up of the affairs of the
Corporation, whether voluntary or involuntary.

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In the event of a dissolution of the Corporation, whether voluntary or involuntary,
the assets of the Corporation, after all debts have been satisfied, shall be distributed,
transferred, conveyed, delivered and paid over, in such amounts as the Board may
determine or as may be determined by a Court of competent jurisdiction, exclusively to
an association organized for similar purposes as the Corporation.
11. INCORPORATOR The incorporator shall perform the ministerial function of
signing and submitting the Articles of Incorporation to the Office of the Secretary of
State. The incorporator shall have no other power or duty regarding the corporation. The
name and address of the incorporator is: R Andrew Harris, 304 North 35th Street,
Morehead City, Carteret County,North Carolina 28557.
This the (C day of 1.�ot-la_. , 2006.
SEAL
R. Andrew Harris, nc or

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IL ate 01/30/2006 Time 15:00:00
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This Instrument Preparedandrew Harris
Mail After Recording to: The Harris Law Firm,PLLC
304 N.35ths, -
Morehead '' —
STATE OF NORTH CAROLINA 0 C T 2 2 2010
ii « . . . TI0
COUNTY OF CARTERET BY:
THIS DECLARATION OF RESTRICTIVE COVENANTS, is made and entered into this the
20th day of January , 2006, by the present owner of the nronertv described in
Paragraph 1(1) hereunder, RIP 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 mar:,
particularly described in Paragraph 1(1) herein on which it desires to develop as a single r:, •
residential community. Developer desires to provide for the preservation of the values and amerutie
for such use and for the maintenance of common areas; and,to this end, desires to subject the prope
described in Paragraph 1(k) herein, together with such additions as may hereafter be made thereto, t•
the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which i•
and are for the benefit of said property, Declarant and each subsequent owner thereof D. ,
deems it desirable for the efficient preservation of such values and amenities in said community, •
create an agency to which should be delegated and assigned the powers of maintaining an.
administering the community properties and facilities and administering and enforcing the covenant,
and restrictions and collecting and disbursing the assessments and charges hereinafter created. To '
end, Declarant has incorporated or will incorporate within one (1) month hereafter under the laws o
the State of North Carolina, as a nonprofit corporation, Cracelyn Park 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 covenant._
restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions"
hereinafter set forth.
1300K / / _._.

ARTICLE I
Definitions
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 o
Directors at its discretion. The Board of Directors may designate itself as the Architectural Committee.
b. "Association" shall mean and refer to Gracelyn Park Homeowners'Association,Inc.,
as formed or to be formed by Declarant.
c. "Board of Directors" shall mean the Board of Directors from time to time of the
Association.
d. "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.
e. "Declarant" shall mean RTP NEWPORT CORPORATION, a North •
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
'Declarant"hereunder.
f. "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.
g. "Lot" shall mean a lot or parcel of real property in the Property shown on the Plat.
used herein, "Lot" shall not include the Common Areas, nor shall it include roads, streets, or p
areas within the Property. The "front"of a Lot shall be deemed to be the portion of the Lot adjacent t
the street.
h. "Member" shall mean a person or entity who holds membership in the Association •
provided in this Declaration hereafter.
i. "Mortgage" shall include the noteholder or cestui que trust secured by a deed of trust.

j. "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 interest merely as security for the
performance of an obligation.
k. "Plat" shall mean that map entitled "Gracelyn Park Subdivison—Phase I, Lots 1-38"
prep by Stroud Engineering, PA, dated December 15, 2005, and recorded in Map Book ,
Page Carteret County Registry.
1. '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.
m. "Structure" shall mean any thing or device other than trees, shrubbery Oess than three
feet high in the form of a hedge) and landscaping, the placement of which upon the Property(or
part thereof) may affect the appearance of the Property (or any part thereof) including, by way o
illustration and not limitation, any building, trailer, garage, porch, deck, shed, greenhouse, or ba
house, coop or cage, covered or uncovered patio, swimming pool, clothesline, radio, television
other antenna, satellite dish, fence, sign, cubing,paving, wall,roadway,walkway, exterior light ' s _
more than three feet in height, signboard or any temporary or permanent living quarters(including •
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 whi
affects or alters the natural flow of surface waters from,upon or across the Property, or which affect
or alters the flow of any waters in any natural or artificial stream,wash or drainage channel from,u
or across the Property, and (ii)any change in the grade of the Property(or any part thereof) of ..
than six(6)inches from that existing at the time of purchase by an Owner.
ARTICLE TWO
PmpArty Rights
2. Grant of Lots. Declarant shall hereafter hold, grant and convey the Property,.and any
thereof including, but not limited to Lots, subject to the covenants, conditions, easements an
restrictions herein set forth, which are for the benefit of binding upon and shall run with the land,
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 t
the Association, and the Association shall accept from Declarant the Common Areas, with suc
improvements as may be constructed thereon at the time of such conveyance and shall hold
subject to the provisions hereof
4. Member's Easements("Enjoyment. Every Member shall have a right and non-exclusiv
easement of use and enjoyment in and to the Common Areas which shall be appurtenant to and
pass with the title to every Lot,subject to the following provision:
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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 l uwl r aping, together with any items of personal property placed or
installed thereon, at the cost and expense of the Association.
ARTICLE THREE
Rfigerved Riglta nfT)erlarant
8. Reserved Rights of Deckllunt. The Association shall hold the Common Areas conveyed to i
by Declarant subject to a reservation to Declarant, its successors and assigns of an easement over
mad 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 them including an
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 o
any street or any part thereof for any purpose, to enter upon any abutting Lot and grade a portion o
such Lot adjacent to such street, provided such grading does not materially interfere with the use
occupancy of the Lot for the purposes allowed herein. However, said Declarant shall not be under
obligation or duty to do such grading or to maintain any slope.
10. Amendment ofPkgs.. No right shall be conferred upon any Owner or Member by th
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
provision shall not be deemed to give Declarant any right to amend the property line or any Lot no
then owned by Declarant.

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 o
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,
repair, replace, upgrade, improve and maintain pipes, drains, mains, conduits, lines and other facilities
for water, storm sewer, sanitary sewer, gas, electric, telephone, cable television, and other public •
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 prop
described on Exhibit B attached hereto, or in or on the area in which the same is located,together wi
the right and privilege of entering upon the Common Area for such purposes and making opening an.
excavations thereon which openings and excavations shall be restored hi a reasonable period of time.
b. Further, Declarant, for itself its successors and assigns, reserves an easement on, ov:+
and under the Common Areas for the purpose of ingress and egress and the installation an.
maintenance of public and private utilities to serve land adjoining any of the Common Areas( • - •
such land is owned by Declarant, its successors or assigns, or others),including, but not limited to
right to lay, install, construct, repair, replace, upgrade, improve and maintain pipes, drains, ' ,• •
conduits, lines and other facilities for water, storm sewer, sanitary sewer,gas, electric,telephone, cab
television, and other public or private services or utilities deemed by Declarant necessary or advisabl
to provide adequate service to any such land, or in or on the area in which the same is located, •1,, •
with the right and privilege of entering upon the Common Area for such purposes and
openings and excavations thereon which openings and excavations shall be restored in a reasonabl:
period of time.
ARTICLE FOUR
Me.nhership and Vnting Rights
12. Membership. Every Owner of a Lot which is subject to assessment shall be a member of
Association. Membership shall be appurtenant to and may not be separated from ownership of any Lo
which is subject to assessment.
13. Voting.The Association shall have two(2)classes of voting membership:
a. Cass A Class A Members shall be all Owners, with the exception of Class :
Members, and shall be entitled to one(1)vote for each Lot owned. When more than one person hold;
an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised a
the Owners among themselves determine,but in no event shall more than one vote be cast with resp
to any Lot.
b. Class.B. The Class B Member shall be the Declarant. The Class B Membe
shall be entitled to three(3)votes for each Lot owned.
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14. Declarant Control of Association. Notwithstanding any provision to the contrary stated
herein and for a period of five (5) years measured from the date this Declaration is recorded or such
date as Declarant may earlier transfer control of the Association to the Members,the Declarant shall be
solely entitled to appoint the persons who will serve as members of the Board of Directors of the
Association.
ARTICLE FIVE
Cnvenant for Mainfrnanre,
15. Creation of Lien and Personal Obligations for 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 attorneys 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 •
unless expressly assumed by them.
16. 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 rnsintpnance 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.
17. Maximum Annual Assessment. Until . January 1 of the year immediately following the
conveyance of the first Lot to a Class A Member, the maximum animal 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
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 the Class
Members and unanimous consent of Class B Member,if any,both either 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 o
the maximum.

. 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 (213) of the votes of each class of Members who
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.
19. Notice and Quonan for Any Action Authorized Under Paragraphs 17 and 18. Written noti
of any meeting called for the purpose of taking an action authorized under Paragraphs 17 or 18 shall .
sent to all Members not less than five(5) days nor more than sixty(60)days hi advance of the meeting.
At the first such meeting called, the presence of Members or of proxies entitled to cast sixty per
(60%)of all of the votes of each class of Members shall constitute a quorum. If the required quorum•
not present, another meeting may be called subject to the same notice requirement, and the -• -
quorum at the subsequent meeting shall be one-half(1/2) of the required quorum at the pr-.. a
meeting. No such subsequent meeting shall be held more than sixty(60) days following the • :..-.•,
meeting.
20. Uniform Rate(‘Assessment.
a. Subject to the provisions of sub(b)below,both annual and special assessments must b;
fixed in a uniform rate for all Lots and may be collected on a monthly basis or other periodic basis a
more often than monthly or less often than annually.
b. 'Declarant F.xemptinn Anything in sub(a) above to the contrary no ' t- ::i. s
Declarant shall not be required to pay any assessment for any Lot owned by the Declarant I 1
construction of improvements on the Lot have been completed and the improvements have
occupied. So long as Declarant is exempt from assessment as herein provided, if the assessment fo
any fiscal year of the Association, exclusive of those amounts collected by the Association for a resent:
fiord and for the working capital fiend, shall fail to equal or exceed the actual expenses incurred by
Association during any such fiscal year because of such Declarant's exemption from payment o
assessments,then the Declarant shall pay to the Association a sufficient amount,up to the amount fo
that fiscal year of the full assessment for each Lot owned by the Declarant,to meet any such deficit,
long as (i) w+i en 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) th
Declarant shall have no obligation for any such deficit caused by expenditures for capital improvement
or by any decrease in assessments, including, without limitation, the levying of an assessment in
amount less than the maximum for any annual assessment, unless the same has been previousl
approved in writing by the Declarant.
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21. 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 o'
Directors in making any such assessment.
22. 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
be prorated among the Owners(and former Owners), inclwling the Declarant, based upon the portio
of the previous fiscal year that each such Owner(or former Owner),including the Declarant, shall haw
-
held record title to the Lot, as determined by resolution of the Board of Directors. N.
the above, the Association shall be entitled to maintain a reserve fund to cover anticipated :+1
which shall not exceed twenty percent(20%)of its annual budget each year unless otherwise approv-•
by two-thirds (2/3rds) of the Members in attendance, in person or by proxy, at a meeting of the
Association called for that purpose.
23. Date of Commencement of Annual Assessments; Due Dates; Certificate of Payment
Assessments.
a. The annual assessments provided for herein shall commence as to all Lots on the firs
day of the month following the conveyance of the Common Area to the Association. The first annu
assessment shall be fixed by the Board of Directors and shall be adjusted according to the number o
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 as,
period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The
dates shall be established by the Board of Directors.
b. If additional land is annexed to the Property as herein permitted, the
assessments as to the Lahr 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 certificat
signed by an officer of the Association setting forth whether the assessments on a specified Lot hav_
been paid.
24. Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment no
paid within thirty (30) days after the due date shall constitute a lien against the Lot and bear intere-
EOM the due date at the rate of TEN PERCENT (10%) per annum, and shall further be subject to
late charge of Twenty-Five Dollars ($25.00) for every month past due. The Board of Directors
have the right to declare the entire balance of the annual assessment and accrued interest thereon to b
immediately due and payable. In addition, the Owner shall be liable for all costs of collecting any su
assessment, including reasonable attorneys fee and court costs. All such interest, late charges
costs of collection shall be deemed to be an additional assessment hereunder. The Association ma
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 o
the Common Area or abandonment of his Lot.
25. 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 •
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 o
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
MATNTRNANCF RV OWNRR
The Owner of each Lot shall keep his Lot, and all improvements thereon, in good order : ,•
repair, including but not limited to, the seeding, watering and mowing of all lawns (8" I ;
height) and yards, keeping all sidewalks neat, clean and in good repair, and free of ice and snow,
pruning and cutting of all trees and shrubbery and the painting (or other external care) of all building
and Structures on the Lot, all in a manner and with such frequency as is consistent with good property
management and maintenance. It in the opinion of the Board of Directors, any Owner fails to perk s
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,
Association shall have the right (but not the obligation), through its agents and employees, to ent
upon the Lot in question and to repair, maintain, repaint and restore the Lot and the improvements o
Structures thereon and the cost thereof shall be a binding,personal obligation of such Owner, and ;
additional assessment upon the Lot in question.
ARTICLE SEVEN
AR(H1TRI'T[JR AT.RRVIF.W
26. All of the rights and powers (including discretionary rights and powers) reserved by o
conferred upon Declarant by this Article Seven are invested initially in Declarant alone(including
successor or assign) to which it shall convey or otherwise transfer its right, title and interest to all o
any part of the Property and in so doing expressly designates the transferee as "Declarant"),but may b
assigned or transferred by Declarant to the Architectural Committee. This right or assignment may b.
exercised by Declarant from time to time, and may be exercised in whole or in part, and may apply t•
all or any part of the Property, including any Lot. In any event, the tights and powers of D
under this Article Seven shall automatically terminate with respect to Declarant and vest in t
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.
27. 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 hi
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 twenty(20)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.
28. 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,
29. 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
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.

30. 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.
31. Non-approved 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 so as to extinguish such violation. If within
fifteen(15)days after notice from Declarant(or Architectural Committee)of such violation,the Own-
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
Architectural Committee) shall have the right to apply to a court of competent jurisdiction for an ord
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 upo
the Lot and to take such steps as it deems necessary to extinguish such violation, and the cost ' -• '
shall be a binding, personal obligation of the Owner of the Lot and an additional assessment upon •
Lot.
32. Completion of Construction. Upon completion of construction of any Structure '•
accordance with the provisions hereof the Declarant (or Architectural Committee), upon request o
the applicant shall issue a Certificate of Compliance in form suitable for recording with the Register o
Deeds of Carteret County, identifying such Structure and the Lot (or other part of the Property) o L
which such Structure is placed, and stating that the Structure has been completed pursuant to the
hereof Preparation and recording of such Certificate shall be at the expense of the applicant.
Certificate of Completion issued pursuant hereto shall be prima facie evidence of the facts - =4
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
Property)noted in such Certificate comply with the provisions hereof
33. Examination Fee. The Declarant (or Architectural Committee) may charge and collect
reasonable fee for the examination of the plans and specifications submitted for approval. Suc
payment shall be made at the time such plans and specifications are submitted, provided that su
charge shall not exceed the amount chargeable by the appropriate governmental authority for
application for and processing of building permits for Structures on the Lot with regard to which sue•
plans and specifications are submitted. Such fee shall be retained by Declarant(or the Association fo l
the Architectural Committee).
34. Committee Compensation. The members of the Architectural Committee shall sere-
without compensation unless specifically approved by the Members.
IJ

35. 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 o
this Declaration.
36. ConditionalApprovals.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.
37. 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. Subdivision. 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 o
electricity, telephone and the like shall be placed or maintained above the surface of the ground on any
Lot.
c. Nn TernPnraryRe;udencm 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. Nn Timkeyl Vehirleq Rnatq Trsiilerg, 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
approved Structure. During the course of construction of any approved Structure, all trash or
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 baths,the containers
BOOK I 1ss PAG ...

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 Arrhiterhiral Style;Rpilding Rptrictinns
i. Lots may only be used for single family residential purposes.
ii. The principal structure on the Property must have at least 1,600 heated squar-
feet for one-story dwellings and 1800 heated square feet for one and one-
or two-story dwellings. The principal structure shall be located on the Lo
within the set-backs identified on the Plat.
iii. No flat roof on any building will be permitted on the Property. All dwellin
must have a roof pitch of 6/12 or more except for minor portions of
dwelling roof which otherwise meet the other requirements and present n•
aesthetic imbalance as determined in the sole discretion of the Declarant (o
Architectural Control Committee).
iv. Only dimensional shingles, wood shingles, tile, slate, or pleated metal(or of i-
materials with similar appearance approved by the Grantor,or subsequently
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
vinyl or hardiplank siding.
vi. No detached carports will be permitted on the Property; however, detach
garages which are architecturally compatible with the residence and approv-•
by the Architectural Control Committee shall be allowed. Any such detach-*1
garage shall be subject to the set back requirements indicated on the Plat;
vii. No exposed stilts or pilings will be permitted on the Property; however, the
Architectural Committee may (but is not required to) allow elevated decks •
remain exposed;
viii. No metal buildings will be permitted on the Property.
ix. No buildings or structures using exposed concrete or cinder block withou
stucco on the exterior will be permitted on the Property.
x. No exterior sidings installed in panels,including plywood,hardboard, syntheti
or metal,will be permitted for use on the Property.
xi. No window air-conditioner unit shall be installed on the Property.

xii. All driveways are to be at least sixteen (16) feet wide throughout and paved
with concrete, asphalt, brick pavers, or other edged aggregates (Examples:
riiverstone, coquina)which are approved by the Declarant, or subsequently the
owners association, by the time the principal building on the Property is
completed. Sidewalks leading to the principal building shall be at least forty-
two inches (42")wide and of a material and design consistent with that of the
driveway.
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 entran«-
and such door or doors shall remain completely closed except during periods o
actual use of such garage entrance.
xiv. Flags and banners will be permitted but no more than one(1)decorative or .
banner and two (2) officially recognized State or Federal flags will be displa
on any Lot at any given time. The Declarant (or Architectural Contro
Committee) shall retain authority to pass reasonable rules and regulatio.
governing the display of such flags and banners.
xv. No elevated tanks of any kind will be permitted on the exterior of any s' «.
on the Property larger than one hundred(100)gallons. All elevated tanks mu
be properly screened so as not to be visible from the street or adjacent lots.
xvi. No wells will be permitted on the Property except for use in landscap
irrigation and then only a shallow well.
xvii. No transmitting antennas may be attached to any building or installed on a Lo
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,o
above the ground if installed on the ground.
xviii. One (1) satellite receiving dish no greater thaw twenty (20) inches in a':
and one(1)television/radio receiving antenna may be attached to any dwelling
Such antennas and satellite dishes shall be inconspicuous and not visible a
standing eye-level from the curb at the streetside of the Lot on which install,.
nor at the streetside of either adjoining Lots.
xix. Upon the completion of construction of a residence on a Lot and prior t
occupancy,the front yard and side yard to the rear corner of the residence
be sodded with centipede,zoysia or Bermuda grasses.

h. T Tsecl/Premanufacturl Homes.No used or pre-manufactured homes or buildings o
any kind shall be permitted on the Property. For purposes of this section, any dwelling which is
installed in sections or pieces,matured at a location other then the Lot shall be considered a
"Premanufactured Home". Notwithstanding the above, the use of premamifac u ed roof trusses and
floor joists in the construction of a dwelling shall be allowed.
i. Hone feces. 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, o
where sales of goods or services take place other than telephonically or electronically, or whi •
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 an
Lot, no chain link or wire fences will be permitted; except that,with the prior written permission of
Declarant (or Architectural Committee), such fences may be located on the back of the Lot if shi• • -•
by vegetation or structures in such a manner as not to be visible from the front of Lot or from oth,,
Lots(mcluding property for annexation). No fence shall be of a height greater than four(4)feet and .
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 •
link or wire fence to enclose building materials and equipment located on the Lot for such time peri
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 '•
building materials or equipment within such fenced area, the fence shall promptly be removed
Owner.
k. Animals. No animals livestock or poultry of any kind shall be raised, bred o
kept on any Lot, except that dogs, cats and other household pets may be kept provided that they
not kept, bred or maintained for any commercial purpose, and provided thither, that such pets do no
constitute a danger or nuisance to other Owners or the neighborhood. No more than two(2) such pet
shall be allowed to be kept at any Lot at any time. Snakes and other animals that are known to b
harmful to humans are not to be brought to or kept on the Property. The Association shall have
authority to additional rules and regulations governing the keeping of pets on the Property.
1. Vehicles. No truck or other vehicle in excess of a three-ton load capacity,and n
mobile home, trailer camper, semi.truck, tow truck or similar type vehicles shall be parked or kept o
any Lot, in such a manner as to be visible to the occupants of other Lots, on more than two (2
consecutive days.
m. RTnOffencive Activity No obnoxious or offensive trade or activity shall be carried o
or upon the Lot nor shall anything be done thereon which may be or become an annoyance or •
to adjoining Lot Owners.
OOK.,_`._.L

n Nn Pnllutinn. 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. Lighting. 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. ( rage Sales. 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. !'.nnatmetion Any new Structure to be constructed upon any Lot must be
substantially completed within twelve(12)months from the commencement of construction thereof
38. Interpretations and Exculpation of Liabiliv. 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 cot
aesthetics and/or the administration, interpretation, application and enforcement of the provisions o
this Article Seven.
ARTICLE EIGHT
RI it.S ANT)RRSTRICTI)NS
39. Rules. In order to assure the peaceful and orderly use and enjoyment of the Property, th-
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, go
the conduct of persons on or use of a Lot and the Common Areas, as the Association may d
necessary. All such rules shall be binding upon all Owners, occupants and visitors to the Property. Thy
Association may impose a fine, suspend voting or infringe upon any other rights of an Owner or otle.
occupant for violation of the rules upon compliance with applicable law,if any, and this Declaration.
40. Rental Restrictions. Every lease or rental agreement for a Lot and the improvem,,i •
thereon shall provide that the tenant under the lease shall be subject to and shall comply with
provisions of this Declaration,the By-Laws and Rules and Regulations of the Association, as the sam
may be amended from time to time. No Owner shall enter into any lease for a Lot for a fixed term .
then three (3) months in duration. For purposes of this Paragraph, the existence of renewal terms o
options shall not be used in determining whether the term of the lease is

ARTICLE NINE
ANNRXATTON
41. 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 -
additional property may be done in phases.
42. Recording. Any annexation made to the Property pursuant to Paragraph 41 above, shall b.
done and become effective upon recording of an amendment to this Declaration by the Association
the Office of the Register of Deeds of Carteret County, specifying the additional land to be annexed
the Property.
ARTICLE TEN
FORCE MA WITRE
43. Whenever herein a time period is provided for the Declarant to do or perform, or within whi
the Declarant may do or perform any act or thing, including but not limited to, the time of
"Development Period" as defined hereinabove, in the event the Declarant is delayed or hindered in .
prevented from doing or performing such act or thing by mason of strikes, labor troubles, inability •
procure labor or materials, failure of power, restrictive governmental laws or regulations, riot
insurrection, war, acts of God, fire, or other casualty or reason of a similar or dissimilar nature beyo
the reasonable control of the Declarant,then performance of such act or thing shall be excused for
period of the delay and the period for the performance of such act or thing shall be extended for
period equivalent to the period of such delay. In no event shall the extensions of time permitted
extend beyond twenty(20) years from the date of recordation of this Declaration with the Register +�
Deeds of Carteret County.
ARTICLE TWELVE
STORM WATER PFRMIT
44. The following covenants are intended to ensure ongoing compliance with State Stormwat
Management Permit Number SW8 041006, as issued by the Division of Water Quality under NCAll
2h.1000:
a. Built-Upon Area. The maximum allowable built upon are per Lot is FIVE
THOUSAND (5000) square feet. This allotted amount includes any built-upon area cons
within the Lot boundaries, and that portion of the right of way between the front lot line and the
of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, grave
brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water r
of swimming pools.
b. Filling in or piping of any vegetative conveyances(ditches, swales, etc.)associated
the development except for average driveway crossings is strictly prohibited by all persons.
r‘fr7r-7-'7T: 45:5-
s:;

c. Each Lot will maintain a thirty(30)foot wide vegetated buffer between all impervious
areas and surface waters,if any.
d. All roof drains shall terminate at least thirty(30)feet from the mean high water mark o
surface waters,if any.
e Filling in,piping or altering any designated 3:1 vegetated conveyances(ditches, swales,
etc. . .)associated with the development is prohibited by any person;
f. 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 •
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.
g. Altering of the drainage plan as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality,
h. Lots located within CAMA's Area of Environmental Concern(AEC)may have the
permitted built-upon area reduced due to CAMA jurisdiction within the AEC;
i. Filling in,piping or altering any designated 5:1 curb outlet swale or vegetated area
associated with the development is prohibited by any person;
j. A thirty foot(30')vegetated buffer must be maintained between all bait-upon area and
the Mean High Water line of surface waters;
k. All roof drains shall terminate at least thirty feet(30')from the Mean Ifighwater Mark;
1. Each designated curb outlet swale or one hundred feet(100')vegetated area shown
the approved plan must be maintained at a minimum of one hundred feet (100') long, maintin 5:
(H:V) side slopes or flatter, have a longitudinal slope no steeper than 5% carry the flow from a
910)year storm in a non-erosive manner, maintain a dense vegetated cover, and be located in either
dedicated common area or a recorded drainage easement.
m. The"Reserved by Owner"areas designated on the Plat are limited to a maximum of
30,000 square feet of built-upon area;
n. The State ofNorth Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
o. 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.
1r•� PAG� _ c -—

ARTICLE THIRTEEN
(TRNF.RAT.PROVISIONS
45. 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.
46. Variances. Declarant and later, the Association, shall have the tight to grant variances
from the terms of this Declaration upon a specific finding that the variance will not harm
appearance of the Property and will not be harmful to Lot values within the Property.
47. 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.
48. Amendment.
a. The covenants and restrictions of this Declaration shall run with and bind the land,for
term of twenty (20) years from the date this Declaration is recorded, after which time they shall .
automatically extended for successive periods of Ten (10) years. Subject to sub(b) below,
Declaration may be amended by instrument signed by no less than seventy-five percent(75%)of
dasc of Members who are entitled to vote at a meeting of Members. Any amendment must b=
recorded.
b. Until the conclusion of the Development Period of the Property, no amendment ma
alter or affect any rights granted hereunder to the Declarant, without the prior written consent of
Declarant. Notwithstanding the foregoing, no amendment affecting assessments, any property
the right of any Owner to have, use or enjoy any easement or to use and enjoy the Common Area, o
the vested right of any party secured by a mortgage or deed of trust shall be valid or of any = r
unless such amendment has been approved in writing by such party having such right or interest.
49. Notices. All notices required or provided for in this Declaration shall be in writing any.
hand delivered or sent by United States mail. If hand delivered, the notices shall be sent to
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 •:
sent to the addresses shown below, certified or registered mail, return receipt requested, po„ :::
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
123 Nine J Drive
Newport,NC 28570
13,AnEz4

To the Association: To the Registered Agent of the Association at his/her address
as listed with the Secretary of State ofNorth 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 •
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.
50. Right of Ently. 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.
51. No Reverter or Congdon Subsequent. No provision herein is intended to be, or shall be
construed as,a condition subsequent or as creating a possibility of reverter.
52. 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 hereo
shall be entitled to relief by way of injunction, preliminary or final, as well as any other available reli
either at law or in equity.
53. Headings. The headings or titles herein are for convenience of reference only and shall
affect the meaning or interpretation of the contents of this Declaration.
[the remainder of this page is intentionally left blank]
I r IS

•
[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.
,
+ RIP NEWPORT CORPORATION
s r id:1 : By: SD§c ed0.`1eLettpagg,C D
President
``
Attest:
Secretary
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, a Notary Public of the County and State above, do hereby certify that
John W. Gainey, III personally came before me this day and acknowledged that heitlie
is Secretary of RJP NEWPORT CORPORATION, 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, sealed with its corporate seal and attested by
him/Wi/as its Secretary.
This the 20th day of January ,2006.
(d✓
Notary Public
My commission expires: October 30, 2010
DENISE LEWIS
NOTARY PUBLIC •
CARTERET COUNTY, N.C.
•
•
U - ��^` h'iv aa: :.

EXHIBIT A
[Property Description]
BEING ALL OF GRACELYN PARK, PHASE I, Lots 1 through 38, as depicted on that Plat
recorded in Map Book 30 , Page 905, Carteret County Registry.

EXHIBIT B
[Additional Property]
Being all of that property marked as"Future Development" on that plat prepared by Stroud
Engineering, P.A. entitled"Phase Map RJP Newport Corporation, Gracelyn Park Project" dated
January 19, 2006 and recorded in Map Book 30 Page COO , Carteret County Registry.
•
:1.153.U4NV--11—SIC.

AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 13, 2010
Gracelyn Park HOA
c/o Mr. Ken Bellicot
PO Box 1688
Newport, NC 28570
Subject: Lot 21 Gracelyn Park (Jesse Dail)
Gracelyn Park Subdivision
Stormwater Project No. SW8 041006
Carteret County
Dear Mr. Bellicot:
The Division of Water Quality was contacted by Mr. Jesse Dail, the owner of Lot 21 in Gracelyn
Park, at 306 Primrose Pace, Newport, NC. Mr. Dail expressed his desire to construct a
landscaped flower bed at the rear of his property, and indicated to me that the HOA required
approval through the Division of Water Quality for this activity. This letter is to inform the HOA
that the Division is not involved in the approval of this type of activity. Examples of activities that
would require an approval or a permit modification from the Division of Water Quality would be:
1. Placing a retaining wall or other permanent structure within the easement area of one of
the curb outlet swales;
2. Filling in, altering, or piping of any of the swales or drainage ditches on a lot or in the
subdivision.
3. Adding built-upon area to the lot beyond the maximum amount specified in the permit for
that lot.
4. Allowing roof drain gutters to be piped directly to ditches or swales.
5. Adding catch basins or piping on the lot to facilitate drainage.
6. Filling of any delineated wetlands on the lot without a 401/404 permit.
In a low density subdivision, the permittee's main responsibilities are: to record the deed
restrictions containing the required statements from the permit before selling any lots; to ensure
that no lot owner builds beyond the maximum amount of permitted built-upon area for that lot; to
ensure that all driveway piping is kept to the barest minimum necessary to allow a driveway
crossing; and, to ensure that no one alters, pipes or fills in any of the vegetated conveyances.
It's my understanding that the permit remains in the developer's name and has not been
transferred to the HOA yet. The Division would advise Mr. Murdoch to arrange for the permit
transfer at the same time that the common areas are conveyed to the HOA, but not before less
than 50% of the lots have been sold.
In Gracelyn Park, the Division requires the permitted curb outlet swales to be located in
drainage easements to ensure that they can be accessed and maintained. The Division
prohibits any of the permitted swales from being filled in, piped or otherwise altered. It's not a
good idea to locate permanent structures in a drainage easement because of the potential
violation of the stormwater permit (altering the swale) erosion problems caused by increased
flowrates due to a restricted flow area, and/or interference in routine maintenance activities. My
understanding is that if the structure is"removeable", that is OK, but it should not be positioned
such that it impedes water flow or causes erosion problems. Anyone who locates something like
an outbuilding or a fence in a drainage easement needs to be OK with the possibility that it
might need to be removed.
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One
Phone:[phone] FAX:[phone] I Customer Service:1-877-623-6748 NorthCarolina
intemet www.ncwaterqualiilr.org Naturally
An Equal Opportunity\Affirmative Action Employer

Mr. Bellicot
October 13, 2010
Stormwater Permit Number SW8 041006
Mr. Dail described his proposed activities as the creation of a landscaped flower bed.
Please note that while pea gravel used in driveway areas, parking areas, walkways,
patios, etc., would be considered as impervious due to the fact that driving and walking
will eventually compact the underlying soils, pea gravel used in landscaped flower beds
would be considered pervious. We are happy to confirm to Mr. Dail and the Gracelyn
HOA that the proposed flower bed on Lot#21 does not appear to cause a non-
compliance with the permit in regards to built-upon area. This is a one-time notification—
please keep in mind that only those proposed activities that fall into one of the 6
categories outlined on the first page of this letter will require DWQ review or approval.
This advisement is contingent on the following: 1) the built-upon area on lot#21 is less
than the 5,000 sf maximum allocated under the existing stormwater permit; 2) the few
feet of landscape timbers that are within the easement won't alter water flow in the
existing ditch or impede maintenance; 3) there are no jurisdictional wetlands on the lot
that will be impacted; and 4) no collection system or piping is proposed.
If you have any other questions, please do not hesitate to contact me at [phone]
or email me at Iinda.lewist ncdenr.aov.
Sincerely,
Linda Lewis
Environmental Engineer III
GDS/arl: S:\WQS\STORMWATER\LETTERS12010\041006.oct10
cc: Jesse Dail
David R. Murdoch, President (RJP Newport Corp)
Town of Newport Building Inspections
Linda Lewis
11�i4.0
Page 2 of 2

2010 GPHOA Board Officers October 11,2010
Board elections were held at Gracelyn Park Homeowners'Association(GPHOA)group meeting on
September 26,2009.George Rice was President of the GPHOA and Liz Moore was Co-Vice President at
that time.George Rice resigned as President and new board members met on November 18,2009. Liz
Moore was designated President of GPHOA as of November 18,2009. Remaining board member offices
are:Cathy Tomon,Co-Vice President,Tony Dold,Co-Vice President,Ken Bellicot,Treasurer,and Nova
Austin,Secretary.
Signed,
a:4611A-A7i;t1"=>}-149—til."Le
Elizabeth(Liz)Moore Ken Bellicot
&Aire/ ark...r)----
Cathy Tomon Nova Austin
Ton old

Lewis Linda v i(O & fTG-
From: Lewis,Linda
Sent: Thursday, October 07, 2010 12:25 PM
To: 'Jesse Dail'
Subject: RE: lot 21 Gracelyn Park Newport, NC (SW8 041006)
Jesse:
Other than a BMP, such as the required 100' long curb outlet swales, the Division doesn't regulate or require
approval for an individual to construct something within a drainage easement. The beneficiary of the easement
usually gets to regulate what goes in the easement. Depending on local requirements, the public at large, the
HOA or the local municipality could be the beneficiary of the drainage easements in Gracelyn Park.
It's not a good idea to locate permanent structures in a drainage easement because of the potential violation of
the stormwater permit, erosion problems and/or interference in routine maintenance activities. My
understanding is that if the structure is "removeable", that is OK, but it should not be positioned such that it
impedes water flow or causes erosion problems. The permit does not allow anyone to "alter'the drainage.
You need to be OK with the possibility that if the landscape timbers "alter" the drainage, or if they impede
maintenance, they might need to be removed. Your neighbor with the fence in,the easement would also need
to understand that a portion of the fence may need to be removed one day if maintenance activities within the
easement are impeded by their structure.
The Division also does not become involved in the approval of individual lot activities such as a retaining wall,
landscaping, etc., unless they would somehow affect one of the approved BMP's. Examples of activities which
the HOA should deny and for which approval from the Division is required would be:
1. Placing a retaining wall within the easement area of one of the curb outlet swales.
2. Piping of any of the swales or drainage ditches on a lot.
3. Adding built-upon area beyond the maximum amount specified in the permit.
4. Allowing roof drain gutters to be piped directly to ditches or swales.
5. Filling of any delineated wetlands on the lot without a 401/404 permit.
Once the HOA receives the permit, their responsibilities will be to approve the individual lot plan per the
requirements of the permit and the restrictive covenants. They need to make sure that the BUA maximum isn't
exceeded and that there isn't any piping or other activity that might affect the permitted BMP's or maintenance
access to those BMP's. They also need to monitor the subdivision to make sure the lot owners continue to
comply with the permit and the covenants.
You described your proposed activities to me as the creation of a landscaped flower bed. Please note that
while pea gravel used in driveway areas, parking areas, walkways, patios, etc., would be considered as
impervious due to the fact that driving and walking will eventually compact the underlying soils, pea gravel
used in landscaped flower beds would be considered pervious. We are happy to advise you and the Gracelyn
HOA that your flower bed does not appear to cause a non-compliance with the permit in regards to built-upon
area, easement, wetlands or piping.
This advisement is contingent on the following: 1) the built-upon area on your lot, #21, is within the 5,000 sf
maximum allocation allowed under the existing stormwater permit; 2)the few feet of landscape timbers that are
within the easement won't alter water flow in the existing ditch or impede maintenance; 3)there are no
jurisdictional wetlands on the lot that will be impacted; and 4) no piping is proposed.
I'll be writing that letter to the HOA based on the information provided above.
Linda
i

Please note my new email address is [e-mail]
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington,NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Jesse Dail [mailto:[e-mail]]
Sent: Thursday, October 07, 2010 10:22 AM
To: Lewis,Linda
Cc:[e-mail]
Subject: lot 21 Gracelyn Park Newport, NC (SW8 041006)
Linda,
Attached are pictures from the property that we spoke about over the phone this morning. From the last picture you
can see that the timbers are apx.9 ft 2 inches from the property line at the street end of the timbers. I do not know if
this being a nonpermanent structure makes any difference on staying out of the 10ft easement from the property line.
As you progress down the timbers,they are greater than 10 ft from the property line. If I need to move the timbers,
please advise me of this. Similarly,are fences required to stay out of the easement? I ask this because there is a fence
across the back edge of lot 23 that extends more into the drainage area than my proposed landscaping will.
My mailing address is: 306 Primrose Place, Newport, NC 28570
The HOA's mailing address is PO Box 1688 Newport, NC 28570. Their email is: [e-mail].
Please fill free to contact me at(252)723-9310. Thank you for your help with this!
Jesse
Jesse Dail, REHS
Registered Environmental Health Specialist
Carteret County Health Department
3820 Bridges Street, Suite A
Morehead City, NC 28557
Phone[phone]
Fax[phone]
2

AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 22, 2010
Mr. David R. Murdoch, Jr., President
RJP Newport Corporation
505 Crestwood Drive
Newport, NC 28570-9654
Subject: NOTICE OF INSPECTION
Gracelyn Park Subdivision
Permit No. SW8 041006
Carteret County
Dear Mr. Murdoch:
On September 21, 2010, Angela Hammers of the Wilmington Regional Office of the
Division of Water Quality (DWQ) inspected Gracelyn Park Subdivision in Newport,
Carteret County to determine compliance with Stormwater Management Permit Number
SW8 041006 issued on October 15, 2004. DWQ file review and site inspection
revealed that the site is compliant with the terms and conditions of this permit. Please
find a copy of the completed form entitled "Compliance Inspection Report" attached to
this letter.
Please be advised that you are required to comply with the terms, conditions and
limitations of your Stormwater Management Permit under Title 15A North Carolina
Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including
operation and maintenance of your permitted stormwater system.
If the project has changed name, ownership or mailing address, a formal change of
name/ownership form must be submitted to DWQ within 30 calendar days detailing the
change. The transfer of ownership form may be found at:
http://h2o.enr.state.nc.us/su/documents/NameOwnershipChangeForm 16Nov2009.pdf
Please be advised that violations of your Stormwater Management Permit may be
subject to the assessment of civil penalties of up to $25,000 per day per violation. If you
have any questions, please contact me at the Wilmington Regional Office, telephone
number (910)-796- 7215.
Sincerely,
Angela Hammers
Environmental Specialist
GDS\akh: S:\WQS\STORMWATER\I NSPECT\041006.sep10
Enclosure: Compliance Inspection Report
cc: John Hennessy-NPS-ACOU
Bob Chambers, Town of Newport; WiRO Files
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One
Phone:[phone] FAX:[phone]Customer Service:1-877-623-6748 N rthCarolina
Internet www.ncwaterquality.org aturaiI
An Equal Opportunity 1 Affirmative Action Employer

Hammers, Angela
From: Hammers,Angela
Sent: Wednesday, June 23, 2010 4:01 PM
To: 'Kirkman, Whitford, Brady& Berryman, P.A.'; 'Ray Murdoch'
Subject: Gracelvn Park. SW8 041006
Good Afternoon Mr.Whitford and Mr. Murdoch,
I hope this finds you well. I haven't heard the latest with the progress of Gracelyn Park(SW8 041006) in about a month,
so I wanted to write for an update. Has the swale maintenance been completed? If not,What is the time frame for
completion?
Thank you.
Sincerely,
Angel Hammers (Please note my new email address is [e-mail])
Environmental Specialist
NC Department of Environment and Natural Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: 910.796.7215
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
•

Hammers, Angela
From: Hammers, Angela
Sent: Wednesday, May 26, 2010 3:44 PM
To: 'Kirkman, Whitford, Brady& Berryman, P.A.'
Cc: 'Ray Murdoch'
Subject: RE:Attachments Gracelyn Park Subdivision SW8 041006
Mr.Whitford,
I was updating my schedule and wanted to be sure that I had forwarded to you the transfer of ownership weblink for the
state stormwater permit. Please find it below. As you are probably aware,the new permittee should have an officer
(President,VP,Treasurer or Secretary)sign the document and submit to this office with original signatures.
htto://h2o.enr.state.nc.us/su/documents/Na meOwnershipChaneeForml6Nov2009.pdf
Thanks again for your efforts.
Sincerely,
Angel Hammers
From: Hammers, Angela
Sent: Friday, May 14, 2010 10:00 AM
To: 'Kirkman, Whitford, Brady&Berryman, P.A.'
Subject: RE: Attachments - Gracelyn Park Subdivision SW8 041006
Mr.Whitford,
Thank you for the update of the swale maintenance at the Gracelyn Park Subdivision.After the maintenance/repairs has
been completed,either I and/or David can schedule a compliance inspection. It may take a week or two after
notification of the work to schedule&conduct the inspection.
Thanks again,
Angel Hammers
From: Kirkman, Whitford, Brady&Berryman, P.A. [mailto:[e-mail]]
Sent: Friday, May 14, 2010 10:51 AM
To: Hammers,Angela
Cc: JOHN GAINEY; Ray Murdoch
Subject: Re: Attachments - Gracelyn Park Subdivision SW8 041006
Ms. Hammers:
The project engineer inspected the storm water features, apparently yesterday afternoon, and has verbally reported only
relatively minor maintenance issues. This is consistent with your January report(and an engineering report last August).
The grass cutting by the association was helpful in making the assessment of the situation. The developer is getting cost
estimates to perform the maintenance.
We are pushing for a meeting with owners association representatives to discuss the overall situation, the current
maintenance needed, and transfer of the storm water permit to the association. I am pretty sure the association will not
accept the permit until someone in your office has confirmed compliance with the permit.
After the maintenance is performed,will you or someone from your office be able to inspect and confirm compliance? I
don't yet have a schedule on maintenance, but with only minor work needed, it should take place pretty quickly. If you can
come up and confirm compliance, how much notice will you need once the maintenance is complete?
1

Hammers, Angela
From: Kirkman,Whitford, Brady& Berryman, P.A. [[e-mail]]
Sent: Friday, May 14, 2010 10:51 AM
To: Hammers,Angela
Cc: JOHN GAINEY; Ray Murdoch
Subject: Re:Attachments-Gracelyn Park Subdivision SW8 041006
Ms. Hammers:
The project engineer inspected the storm water features, apparently yesterday afternoon, and has verbally reported only
relatively minor maintenance issues. This is consistent with your January report(and an engineering report last August).
The grass cutting by the association was helpful in making the assessment of the situation. The developer is getting cost
estimates to perform the maintenance.
We are pushing for a meeting with owners association representatives to discuss the overall situation, the current
maintenance needed, and transfer of the storm water permit to the association. I am pretty sure the association will not
accept the permit until someone in your office has confirmed compliance with the permit.
After the maintenance is performed,will you or someone from your office be able to inspect and confirm compliance? I
don't yet have a schedule on maintenance, but with only minor work needed, it should take place pretty quickly. If you can
come up and confirm compliance, how much notice will you need once the maintenance is complete?
Neil
Neil B. Whitford
Kirkman,Whitford, Brady& Berryman, P.A.
Suite 105
710 Arendell Street
Morehead City, NC 28557
telephone: [phone]
facsimile:252-726-6974
email: nwhitfordakirkmanwhitford.com
web site:www.kirkmanwhitford.com
CONFIDENTIALITY NOTICE: Please be advised that this e-mail and any files transmitted with it are confidential attorney-
client communication or may otherwise be privileged or confidential and are intended solely for the individual or entity to
whom they are addressed. If you are not the intended recipient, please do not read, copy or retransmit this
communication but destroy it immediately. Any unauthorized dissemination, distribution or copying of this communication
is strictly prohibited.
Original Message----
From: Hammers.Angela
To: Kirkman. Whitford. Brady& Berryman, P.A.
Sent:Wednesday, May 12, 2010 9:01 AM
Subject: RE: Attachments-Gracelyn Park Subdivision SW8 041006
Mr.Whitford,
Thank you for the update, it is very good news.
Sincerely,
Angel Hammers
From: Kirkman, Whitford, Brady&Berryman, P.A. [mailto:nwhitford©kirkmanwhitford.com]
Sent: Wednesday, May 12, 2010 11:03 AM
I To: Hammers,Angela
i

Cc: JOHN GAINEY; Ray Murdoch
Subject: Re: Attachments - Gracelyn Park Subdivision SW8 041006
Ms. Hammer:
I was advised by the owners'association attorney this morning that the swale ditches have now been mowed. The next
step is for the stakeholders to meet on site and discuss a final plan for addressing the concerns you have previously
raised. i will keep you informed.
Neil
Neil B. Whitford
Kirkman, Whitford, Brady& Berryman, P.A.
Suite 105
710 Arendell Street
Morehead City, NC 28557
telephone: [phone]
facsimile: 252-726-6974
email: nwhitfordc kirkmanwhitford.com
web site:www.kirkmanwhitford.com
CONFIDENTIALITY NOTICE: Please be advised that this e-mail and any files transmitted with it are confidential
attorney-client communication or may otherwise be privileged or confidential and are intended solely for the individual or
entity to whom they are addressed. If you are not the intended recipient, please do not read, copy or retransmit this
communication but destroy it immediately. Any unauthorized dissemination, distribution or copying of this communication
is strictly prohibited.
Original Message----
From: Hammers.Angela
T.• Kirkman.Whitford. Brady&Berryman. P.A. ; Ray Murdoch,
Sen,• Monday, May 03, 2010 7:47 AM
Subje.t:Attachments-Gracelyn Park Subdivision SW8 041006
Mr. Murd. h, Mr Whitford,
Here are the c• t es I mentioned in my last email regarding the status of the Gracelyn Park Stormwater Permit(SW8
041006).
Sincerely,
Angel Hamm;rs (' ease note my new email address is [e-mail])
Environmen .I Specialist
NC Departm•nt of Environment . d Natural Resources
Wilmington egional Office
127 Cardin.I Drive Ext.
Wilmington NC 28405
Office: 91 ...796.7215
Fax: 910. '50.2004
E-mail co •spondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed t third parties.
2

RECEIVED
MAY 072010
BY:
9 STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
HESTRON PLAZA TWO
151-A HWY.24
MOREHEAD CITY,NORTH CAROLINA 28557
[phone]
May 6, 2010
Ms.Angela Hammers
N.C. Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, North Carolina 28405
re: Gracelyn Park-Stormwater Permit No. SW8 041006
Dear Ms. Hammers,
Based on a request from Mr. Neil Whitford, legal council for RJP Newport Corporation, I
would like to provide following:
Stroud Engineering, P.A., Morehead City Office, provided design, engineering,surveying,
permitting and contract administrative services for the Gracelyn Park subdivision for RJP Newport
Corporation. During the construction of the project,which was constructed in two primary phases
by different contractors,we provided construction staking and onsite inspections.
While no specific certification or as-built survey was performed on the swales in question,
it is our opinion that all of the swales were constructed correctly and in conformance to our design
plans.
I hope this provides some additional assistance in this matter.
,��� ,�Y1 CAno .0, '.cerely,
s
4Q y17% onald D. Cullipher, P.E.
E. * : SEAL rig*"
13343 • s
s
'••.....••' • •
y%l', D.1 G�'',Q��.
107 COMMERCE ST. HESTRON PLAZA TWO
SUITE'a 102-D CINEMA DRIVE 151-A HWY.24
GREENVILLE,NC 27858 WILMINGTON,NC 28403 MOREHEAD CITY,NC 28557
[phone] [phone] [phone]

Hammers, Angela
From: Kirkman, Whitford, Brady& Berryman, P.A. Inwhitford©kirkmanwhitford.com]
Sent: Thursday, May 06, 2010 6:03 PM
To: Ray Murdoch; Hammers, Angela
Cc: JOHN GAINEY
Subject: Re:Attachments-Gracelyn Park Subdivision SW8 041006
Ms. Hammers:
The plan of action is the following. The project engineer sent you the certification letter today. The Gracelyn Park Owners
association has committed to mow the swales in question. So there is progress I can report. The mowing was scheduled
for Tuesday, but I learned this morning that the landscaper who was engaged to do the mowing could not get to it on
Tuesday and is trying to get it done by the end of the week. The mowing is crucial to the final resolution of the problem
because the amount of repair work cannot be determined until the swales are mowed. As soon as mowing is complete,
there is an agreement for representatives of the association, developer, project engineer and a contractor to meet on site
to compare the existing field conditions identified in the January 21, 2010 DWQ inspection report to the requirements of
the storm water permit. The association and the developer will then discuss and attempt to agree on responsibility for
repairs and a schedule of repairs to be completed as soon as possible. Part and parcel of the discussions will be the
transfer of the permit to the association.
The developer/storm water permittee performed extensive maintenance on the swales in the fall of 2008 and was
confident the stormwater permit was compliant at that time. The developer then felt the association or lot owners were
responsible for future compliance because the restrictive covenants duplicate the stormwater permit requirements and
make the lot owners responsible for compliance. The association has not seen it that way, and here we are with everyone
still needing to roll up their sleeves in a good faith effort to satisfy you.
We know you have more than patient, but we ask fru your continued patience. I will report the status as soon as the
mowing is complete and the meeting between the parties held. I am confident I will then be able to report a firm schedule
for any repairs that are needed.
Neil
Neil B. Whitford
Kirkman,Whitford, Brady& Berryman, P.A.
Suite 105
710 Arendell Street
Morehead City, NC 28557
telephone: [phone]
facsimile: 252-726-6974
email: nwhitfordOkirkmanwhitford.com
web site:www.kirkmanwhitford.com
CONFIDENTIALITY NOTICE: Please be advised that this e-mail and any files transmitted with it are confidential attorney-
client communication or may otherwise be privileged or confidential and are intended solely for the individual or entity to
whom they are addressed. If you are not the intended recipient, please do not read, copy or retransmit this
communication but destroy it immediately. Any unauthorized dissemination, distribution or copying of this communication
is strictly prohibited.
Original Message---
From: Hammers.Angela
To: Kirkman.Whitford. Brady&Berryman. P.A ; Ray Murdoch
Sent: Monday, May 03, 2010 7:47 AM
Subject:Attachments-Gracelyn Park Subdivision SW8 041006
Mr. Murdoch, Mr.Whitford,
Here are the copies I mentioned in my last email regarding the status of the Gracelyn Park Stormwater Permit(SW8
I 041006).
1

Hammers, Angela
From: Ronald Cullipher[[e-mail]]
Sent: Thursday, May 06, 2010 9:53 AM
To: Hammers,Angela
Cc: [e-mail]; 'JOHN GAINEY'
Subject: Gracelyn Park Newport, Carteret County
Attachments: gracelyn.pdf
good morning angels, at the request of Mr.Whitford , I would like to provide the attached correspondence for your
records.
the original is being set by mail
Ronald D. Cullipher, P.E.
Stroud Engineering, P.A.
151 A Hwy 24
Morehead City, NC 28557
ph 252-247-7479
fax [phone]
email: [e-mail]
1

STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
HESTRON PLAZA TWO
151 AHWY.24
MOREHEAD CITY,NORTH CAROLINA 28557
[phone]
May 6, 2010
Ms.Angela Hammers
N.C. Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, North Carolina 28405
re: Gracelyn Park-Stormwater Permit No. SW8 041006
Dear Ms. Hammers,
Based on a request from Mr. Neil Whitford, legal council for RJP Newport Corporation, I
would like to provide following:
Stroud Engineering, P.A., Morehead City Office, provided design, engineering,surveying,
permitting and contract administrative services for the Gracelyn Park subdivision for RJP Newport
Corporation. During the construction of the project,which was constructed in two primary phases
by different contractors,we provided construction staking and onsite inspections.
While no specific certification or as-built survey was performed on the swales in question,
it is our opinion that all of the swales were constructed correctly and in conformance to our design
plans.
I hope this provides some additional assistance in this matter.
'•cerely,
`%,•`P #,
�` ` �� VvkSV!Q��� � (1.4624,,
"onald D.Cullipher, P.E.
* SEAL 13343 rI ` p
s
.•� 4,7
Dy %NNGINE " &$'
effe0CUe:01,t '
107 COMMERCE ST HESTRON PLAZA TWO
SUITE B 102-D CINEMA DRIVE 151-A HWY.24
GREENVILLE,NC 27858 WILMINGTON,NC 28403 MOREHEAD CITY,NC 28557
[phone] [phone]
[phone]

Hammers, Angela
From: Hammers,Angela
Sent: Monday, May 03, 2010 8:29 AM
To: 'Kirkman,Whitford, Brady& Berryman, P.A.'; 'Ray Murdoch'
Subject: RE: SW8 041006 Graceland Park Subdivision, Newport, NC
Mr. Murdoch and Mr.Whitford,
I am writing to you in response to your email in reference to Gracelyn Park,State Stormwater Permit No.SW8 041006,
located in Newport, Carteret County. As you should be aware,this permit was issued to David R. Murdoch,Jr.and RJP
Newport Corporation, Inc.on October 15,2004. Previous mailings have documented that the Permittee is responsible
for compliance with all permit conditions.You may also be aware that this site has been in violation of its permit
condition since February 3, 2009 with notification sent to the responsible Permittee, Mr. Murdoch,on February 9,2009.
As a note,the last written plan of action received by this office on August 25, 2009 stated that recommended repairs
and mowing would be complete within 60 days. No such repairs were conducted.There has been no further written
communication from the Permittee despite numerous mailings from this office requesting the issues of non-compliance
be repaired.
While it is interesting to hear that work towards another plan of action is occurring, a written response is required. I
have attached a copy of the Notice of Violation with Recommendation to Enforce and Memorandum for your
information.
If a written plan of action with a sequence of work and timeline for completion is not received in this Office by close of
business Thursday, May 6,2010,an request for enforcement will be prepared with potential fines assessed.
I thank you for your efforts and look forward to having this matter resolved with compliance to the state stormwater
permit. Please let me know if you have any questions.
Sincerely,
Angela Hammers
Environmental Specialist
Wilmington Regional Office
DWQ,Stormwater
From: Kirkman, Whitford, Brady&Berryman, P.A. [mailto:[e-mail]]
Sent: Friday,April 30, 2010 5:55 PM
To: Hammers,Angela
Cc: rmurdoch002( ec.rr.com
Subject: SW8 041006 Graceland Park Subdivision, Newport, NC
Ms. Hammer:
This is a follow-up on my email to you of April 26 regarding the above.
I can report progress this week on a plan that should lead to a resolution of the issues you have previously raised. The
ditches are being scheduled for mowing by the owners association. Representatives of the developer, the owners
association, an engineer, and a contractor will then meet on site to assess the work needed to resolve your concerns and
develop the finai pian.
1

The ultimate goal is for you to be satisfied and the SW permit transferred to the association. As I indicated in my previous
email, the SW permit requirements are included in the restrictive covenants for Graceland Park and the lot owners are
bound to observe the permit requirements. But I think we are all learning that a good restrictive covenant does not always
translate into automatic compliance.
Neil
Neil B. Whitford
Kirkman,Whitford, Brady& Berryman, P.A.
Suite 105
710 Arendell Street
Morehead City, NC 28557
telephone: [phone]
facsimile:252-726-6974
email: nwhitfordOkirkmanwhitford.com
web site:www.kirkmanwhitford.com
CONFIDENTIALITY NOTICE: Please be advised that this e-mail and any files transmitted with it are confidential attorney-
client communication or may otherwise be privileged or confidential and are intended solely for the individual or entity to
whom they are addressed. If you are not the intended recipient, please do not read, copy or retransmit this
communication but destroy it immediately. Any unauthorized dissemination, distribution or copying of this communication
is strictly prohibited.
----Original Message---
From: Kirkman.Whitford. Brady&Berryman. P.A.
To: angela.hammers(8>!ncdenr.cov
Sent: Monday, April 26, 2010 5:00 PM
Subject: SW8 041006 Graceland Park Subdivision, Newport, NC
Ms. Hammer:
We have been engaged by RJP Corporation, the developer, to assist with a resolution of the compliance questions with
the stormwater permit. I can see from the documents my client brought that there is a fairly long paper trail of state
requests for work. On behalf of my client,we regret this very much.
As has been explained to me, the developer sold out this subdivision some time ago and conveyed the common areas to
the association. The restrictive covenants contain the storm water permit requirements, make the lot owners responsible
for compliance, and make DWQ a beneficiary for purposes of enforcement. The developer was not aware of the need to
transfer the storm water permit to the owners association and that was not done at the time of transfer of the common
area. Many of the storm water control features are on private lots. There is a question as to whether the developer even
has the legal right to go on these lots to do any work without a court order.
I know the state only wants compliance and looks to the named permit holder for compliance. But, its difficult for the
developer alone to get compliance on your directives. Court action may be necessary, but because of the expense and
time,we would like to exhaust all other avenues of compliance before filing in court.
I am working to get this resolved as quickly as possible, and your continued patience is very much appreciated.
Neil
Neil B. Whitford
Kirkman,Whitford, Brady& Berryman, P.A.
Suite 105
710 Arendell Street
Morehead City, NC 28557
telephone: [phone]
facsimile: 252-726-6974
2

email: nwhitfordCcD__kirkmanwhitford.com
web site:www.kirkmanwhitford.com
CONFIDENTIALITY NOTICE: Please be advised that this e-mail and any files transmitted with it are confidential attorney-
client communication or may otherwise be privileged or confidential and are intended solely for the individual or entity to
whom they are addressed. If you are not the intended recipient, please do not read, copy or retransmit this
communication but destroy it immediately. Any unauthorized dissemination, distribution or copying of this communication
is strictly prohibited.
3

De.ira V/ha/eq
QS2tez at Beaus
301 Commerce Ave, Ste 102 Phone: [phone]
PO Box 249 Fax: [phone]
Morehead City, NC 28557 Email:dwhaleylawahotmail.com
MEMO
TO: Angela Hammers
Division of Water Quality CEIVED
FROM: Debra Whaley MAR 3 0 2010
BY:
RE: Gracelyn Park, Stormwater Project No. SW8 041006
DATE: March 24,2010
Dear Ms. Hammers:
We are in receipt of the letter dated February 15, 2010, sent to the Town of Newport
regarding the withholding of building permits and certificate of occupancy for Gracelyn Park until
the violation of the above referenced permit has been resolved.
I am writing on behalf of the Gracelyn Park Homeowner's Association. We are requesting
that the position of withholding permits and certificate of occupancies be reviewed and removed ,
as form of consequence. Since the developer, RJP Newport Corporation,basically does not own
any additional lots in the development,this"punishment" is a detriment to the owners of the lots
as opposed to being a reprimand that effects the developer. There is no incentive here to give the
developer cause to correct the problem at hand. While the homeowner's association has been
turned over to the lot owners,the storm water permit was never turned over to the association.
It is the Homeowner's Associations position,that this violation was a pre-existing problem
that stems from the development that needs to be fixed prior to the association taking over control
of the permit and thus the maintenance.
Please respond to this request at your earliest convenience. We look forward to hearing
from you in regards to this matter. Please do not hesitate to contact me to discuss the issue or if
there are any questions.
Sincere!
v
Debra rri aley
Attorney at Law

ATA,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
MEMORANDUM
DIVISION OF WATER QUALITY
TO: Mr. Ray Murdoch, RJP Corporation
FROM: Angela Hammers, DWQ
CC: Town of Newport; Ron Cullipher; WiRO; DWQ Central Files
DATE: March 1, 2010
PROJECT NAME: Gracelyn Park Subdivision
PROJECT NO.: SW8 041006
COUNTY: Carteret
In response to the email received by the Division of Water Quality (DWQ) on February 19,
2010 from Ray Murdoch, please read the following:
1. It was stated that the Letter of Inquiry dated January 28, 2010 was misdirected with a receipt
date by Mr. Murdoch of February 19, 2010. I have checked the address and it matches the
address used on the return receipt Notice of Violation letter dated July 9, 2009. Please advise
this office immediately of any changes to the address below:
505 Crestwood Drive
Newport, NC 28570-9654
2. A meeting was requested with attendance by DWQ personnel. 1 am unclear as to the
intent/goal of such a meeting. Please advise this office of what issues are to be clarified during
such a meeting.
3. While this office has been advised that covenants have been recorded that list maintenance
as a responsibility of the HOA, it is the Permittee that is held responsible for all permit
conditions, including operation & maintenance (O&M) requirements, of the state stormwater
permit (SW8 041006). It is not the position of this office to wait indefinitely for such
'negotiations' to be resolved.
4. It was noted that extremely high amounts of rainfall have made repairs impossible. While
the months of November and December 2009 have been above normal (based on NOAA,
NWS data for the ILM airport), there have been periods of below normal precipitation since the
origination of this violation — February 9, 2009.
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet www.ncwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer

Mr. Ray Murdoch
Gracelyn Park
Stormwater Permit No. SW8 041006
5. Below is a quick summary of communications with Mr. Ronald Cullipher, PE, Stroud
Engineering or Mr. Murdoch:
• August 25, 2009: a Plan of Action from Ronald Cullipher, Stroud Engineering, stating
the recommended repairs and mowing was to be completed within 60 days.
October 29, 2009: I spoke with you via telephone with the understanding that within a
week I would have a written statement of the status and expected completion date of
the repair work. November 19, 2009: I spoke with you via telephone requesting status
of the repair work. I noted that within a week, negotiation with the HOA would be
complete and the required repairs would begin.
• January 21, 2010: a compliance inspection was conducted by DWQ personnel.
• January 28, 2010: I left a telephone message detailing the compliance inspection,
observation of no repair work completed, and the deadline 10 calendar days of receipt
of Letter of Inquiry drafted on this date.
In the most recent email, dated February 19, 2010, an extension of 90 days was requested
after a meeting date. An extension of 60 days from the date of the email will be granted to
have all violations in compliance, which would be April 30, 2010. This will include two of the
two most typically dry months for the required field repairs.
It should also be noted as a consequence of this site being in continuing violation since
February 9, 2009, that building permits will be held by the Town of Newport for all lots within
this project. Additionally, any state stormwater permits associated with this state stormwater
permit may be held until the violations are addressed and approved by this office.
If you have questions, don't hesitate to contact me. Please note that I will be forwarding this
memo via hard mail to: 505 Crestwood Drive, Newport, NC 28570-9654.
Thank You
GDS/akh: S:IWQS\STORMWATER\LETTERS120101041006.mar10
Page 2 of 2

Hammers, Angela
From: Hammers, Angela
Sent: Monday, March 01, 2010 2:45 PM
To: 'Ray Murdoch'
Subject: Gracelyn Park, SW8 041006
Attachments: - 041006Ihletter.marl0.doc
Mr. Murdoch,
Please find attached a memo with a response to your email. I have also sent the memo via
hard mail to our contact address for you: 505 Crestwood Drive, Newport, NC 28570-9654.
Sincerely,
Angela Hammers
Original Message
From: Ray Murdoch [mailto:[e-mail]]
Sent: Friday, February 19, 2010 10:43 AM
To: Hammers, Angela
Subject: FW:
Original Message
From: Ray Murdoch [mailto:[e-mail]]
Sent: Friday, February 19, 2010 10:42 AM
To: [e-mail]
Subject:
February 19, 2010
NCDENR
Attn: Angela Hammers
RE: Gracelyn Park
Stormwater Project No. SW8 041006
Carteret County
Angela Hammers:
On January 28, 2010, you sent me a Letter of Inquiry in regard to the above
referenced stormwater project. I just received this mail, as it had been
misdelivered in my office, and when I opened it, I saw that you requested a
reply within 10 days. I apologize for not meeting that request, but the
mail had been misplaced and I did not receive it on my desk until this
morning.
Our plan of action to bring the stormwater permit into compliance is as
follows:
1. We would like to schedule a meeting with you or a field official, the
developers, the engineer, and the contractor who we will be contacting to
complete the work. Please call me at 252-725-1226 to let me know when you
or another official would be available for this meeting.
2. We have been negotiating with the HOA as to whom is responsible for
bringing the swales into compliance. After corresponding with their lawyer,
1

4 6
they are taking the stance that they are not responsible for maintaining the
swales, although it was stated in the Gracelyn Park covenants that the HOA
and the funds generated through HOA fees would be used to maintain them. We
have been striving vigilantly to resolve this situation, but as you can
imagine, the legal hassle that has ensued has slowed the process
tremendously.
3. Due to the extremely high amount of rainfall that we have had over the
last several months, the simple task of just mowing the swales has proved
impossible. Many areas of our county that are normally dry, high ground
have been under water for months. We ask that you please consider giving us
more time to allow the ground to dry out to remedy the overgrowth in the
swales. Attempting to mow and repair them now, with the ground saturated,
would do more harm than good. Check damns are still in place in some of the
swales, and after our meeting, perhaps we can remove some of these to
encourage water drainage and dry out some of these areas.
Please accept my sincere apology for not replying within the 10 day period,
and also my apology for not being able to remedy this situation earlier. We
also would like to get this situation dealt with, repaired, and turned over
completely to the HOA as soon as possible. Legal matters and mother nature
have certainly stymied our attempts. Please consider an extension of 90
days after we meet to get this problem resolved to allow time for the ground
to dry and, hopefully, an agreement with the HOA as to responsibility for
future maintenance. Again, please contact me at your earliest convenience
so that a meeting can be scheduled as soon as possible.
David R. Murdoch
2

Hammers, Angela
From: Ray Murdoch [[e-mail]]
Sent: Friday, February 19, 2010 10:43 AM
To: Hammers, Angela
Subject: FW:
Original Message
From: Ray Murdoch [mailto:[e-mail]]
Sent: Friday, February 19, 2010 10:42 AM
To: angelahammers®ncdenr.gov
Subject:
February 19, 2010
NCDENR
Attn: Angela Hammers
RE: Gracelyn Park
Stormwater Project No. SW8 041006
Carteret County
Angela Hammers:
On January 28, 2010, you sent me a Letter of Inquiry in regard to the above referenced
stormwater project. I just received this mail, as it had been misdelivered in my office, and
when I opened it, I saw that you requested a reply within 10 days. I apologize for not
meeting that request, but the mail had been misplaced and I did not receive it on my desk
until this morning.
Our plan of action to bring the stormwater permit into compliance is as
follows:
1. We would like to schedule a meeting with you or a field official, the
developers, the engineer, and the contractor who we will be contacting to complete the work.
Please call me at 252-725-1226 to let me know when you or another official would be available
for this meeting.
2. We have been negotiating with the HOA as to whom is responsible for
bringing the swales into compliance. After corresponding with their lawyer, they are taking
the stance that they are not responsible for maintaining the swales, although it was stated
in the Gracelyn Park covenants that the HOA and the funds generated through HOA fees would be
used to maintain them. We have been striving vigilantly to resolve this situation, but as
you can imagine, the legal hassle that has ensued has slowed the process tremendously.
3. Due to the extremely high amount of rainfall that we have had over the
last several months, the simple task of just mowing the swales has proved impossible. Many
areas of our county that are normally dry, high ground have been under water for months. We
ask that you please consider giving us more time to allow the ground to dry out to remedy the
overgrowth in the swales. Attempting to mow and repair them now, with the ground saturated,
would do more harm than good. Check damns are still in place in some of the swales, and
after our meeting, perhaps we can remove some of these to encourage water drainage and dry
out some of these areas.
1

Please accept my sincere apology for not replying within the 10 day period, and also my
apology for not being able to remedy this situation earlier. We also would like to get this
situation dealt with, repaired, and turned over completely to the HOA as soon as possible.
Legal matters and mother nature have certainly stymied our attempts. Please consider an
extension of 90 days after we meet to get this problem resolved to allow time for the ground
to dry and, hopefully, an agreement with the HOA as to responsibility for future maintenance.
Again, please contact me at your earliest convenience so that a meeting can be scheduled as
soon as possible.
David R. Murdoch
2

AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue • Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 15, 2010
Mr. Bob Chambers, Chief Building Inspector/Planner
Town of Newport
PO Box 1869
200 Howard Blvd.
Newport, NC 28570
Gracelyn Park
Stormwater Project No. SW8 041006
Carteret County
Dear Mr. Chambers:
The Division of Water Quality issued a Notice of Violation with a Recommendation for
Enforcement (NOV-2009-PC-0097) to RJP Newport Corporation on July 9, 2009 for
Failure to Maintain the Stormwater System of Gracelyn Park, Stormwater Permit
Number SW8 041006, issued on October 15, 2004. A plan of action to correct the
violations was received by DWQ on August 25, 2009 with initiation of the required
repairs and mowing to be complete within 60 days. The plan of action was accepted by
this Office.
However, the items in violation have not yet been completed as of this writing. A copy
of the latest inspection conducted on January 21, 2010, a copy of the Notice of Violation
with the Permittee dated July 9, 2009 and a copy of the latest letter to the Permittee
(letter dated January 28, 2010) have been enclosed for your reference.
With this letter to the Town of Newport, this Office is requesting that the Chief Building
Inspector consider withholding building permits and Certificates of Occupancy for this
project until this matter is satisfactorily resolved.
If you have any questions, please contact Angela Hammers at [phone].
Sincerely,
eorgette Scott
Stormwater Supervisor
Surface Water Protection
GDS1akh: S:1WQS\StormWaterrLETTERS12010\041006.feb 10
Enc: Inspection Report; Notice of Violation (Dated July 9, 2009)
cc: David R. Murdoch, President (RJP Newport Corp)
Ron Cullipher, PE, (Stroud Engineering, Morehead City)
Debra Whaley
Paul Worthington, DENR-DLQ (WiRO); WiRO; DWQ Central Files
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One
Phone:[phone]\FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet www.ncwaterquality.org Naturally
�p VaturanIM
An Equal Opportunity 1 Affirmative Action Employer

AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 28, 2010
Mr. David R. Murdoch, Jr., President
RJP Newport Corporation
505 Crestwood Drive
Newport, NC 28570-9654
LETTER OF INQUIRY
Gracelyn Park
Stormwater Project No. SW8 041006
Carteret County
Dear Mr. Murdoch:
The last correspondence for Gracelyn Park, Stormwater Permit Number SW8 041006,
issued on October 15, 2004, was a telephone call stating that negotiations by the
Permittee with the Homeowners Association were ongoing and an update would be
provided to this office the last week of November 2009. This Office has not received
any updates or requests for extensions to bring this permit into compliance.
As a note of project history, on July 9, 2009 DWQ issued a Notice of Violation with a
Recommendation for Enforcement (NOV-2009-PC-0097) to RJP Newport Corporation
on July 9, 2009 for Failure to Maintain the Stormwater System. A plan of action to
correct the violations was received by DWQ on August 25, 2009 with Item 2) initiate
recommended repairs and mowing and complete within 60 days. The plan of action
was accepted by this Office.
In order to bring this project into compliance, this office requests the following required
action on your part:
1. Repair all swales to meet approved permit conditions and O&M agreement
requirements.
2. Submit to this office a certification by the Permittee that the project's stormwater
controls, and impervious surfaces have been constructed within substantial intent
of the approved plans and specifications (II. Schedule of Compliance, #7, page
3).
Failure to provide the "Plan of Action" within 10 calender days to correct the violations
are considered violations of 15A NCAC 2H.1000, and will result in the initiation of
enforcement action which may include recommendations for the assessment of civil
penalties, pursuant to NCGS 143-215.6A.
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 NorthCarolina
Internet www.ncwaterquality.org NQ rQCly'
An Equal Opportunity\Affirmative Action Employer

Mr. David R. Murdoch
Gracelyn Park
Stormwater Permit No. SW8041006
If you have any questions, please contact me at [phone].
Sincerely,
e.
c
Angela Hammers
Environmental Specialist
S:\WQS\StormWater\LETTERS12010\041006.jan 10
Enc: Inspection Report
cc: Ron Cullipher, PE, (Stroud Engineering, Morehead City)
Bob Chambers, Chief Building Inspector/Planner, Town of Newport
WiRO
DWQ Central Files
Page 2 of 3

Debra Vha/ey
C- at
209 N. 35th Street Phone: [phone]
PO Box 249 Fax: [phone]
Morehead City, NC 28557 Email:dwhaleylaw(&hotmail.com
MEMO
TO: Division of Water Quality
FROM: Debra Whaley Attorney at Law
RE: DWQ Permit SW8 041006: Gracelyn Park
DATE: January 25, 2010
Dear Ms. Hammers:
I represent the Homeowner's Association for Gracelyn Park subdivision in Newport,NC.
I have met with the new president of the association,Liz Moore and she has informed me that
there are some ongoing issues with a violation of the above referenced permit and the developer,
RJP Newport Corporation.
We were hoping that we can get an update on the issue as to where things currently stand
and a clarification as to whose responsibility it is to resolve the issue. The HOA president has met
with the developer and he has informed the HOA that he wants them to fix the problem.
However, it is our understanding that the developer has never transferred the permit to the HOA.
In addition, it is our understanding that the issues at hand date back for auite a few years and
actually is a pre-existing condition that was at hand prior to the HOA formerly taking over
everything.
The developer has turned over a copy of a February 9,2009, letter sent to him regarding
the violation and the August 25,2009,response from his engineer. Other than these documents,
we do not have copies of any other correspondence and we do not know where the issue currently
stands. If possible, if you could add either my name and address or the HOA president,Liz
Moore, PO Box 1688,Newport,NC 28570 to the cc list on any correspondence between anyone
on this issue, it would be appreciated.
Any help or insight would be greatly appreciated. In order to properly advise the HOA,we
just needed some additional information from your office. If you have any questions,please do not
hesitate to contact me at the information above. I look forward to hearing from you.
Sincerely,
D- . .;Ad" ey
0
JAN 2 7 2010
BY:

December 7,2009
Angela.7-fawners
(E91RIt Water Quatky
127 Central-Drive E,jtension
Wilmington,NC 28405
2 C Gracefyn ParkSubdivision Carteret County
(DearAnge(a.
Please find enclosed the copies that we talked-about this morning. The top copy is the one of before and after.
Please speakwith Dwight at the Town of Newport for further explanation. gas Rhone number is 252-223-4749.
I may 6e reached at 252-422-8404. Please caflandfet me brow that you received this information.
Please copy me on any correspondence after the!February 9,2009 letter. 'You may e-mail-me at [e-mail] or mail
to P.O.Box 1600,Newport,NC 28570. 2fiank'You again.
sincerely,
C1/4511110e.)
Tina Sibley
SEC 0 9 2009
BY:

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STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
HESTRON PLAZA TWO
151-A HWY.24
MOREHEAD CITY,NORTH CAROLINA 28557
[phone]
August 25, 2009
Ms. Angela Hammers
NC Division of Water Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
re: Notice of Violation- SW8 041006- Gracelyn Park
Dear Ms. Hammers,
At the request of David R. Murdoch, President,RJP Newport Corporation, I
would like to provide the following plan of action as requested in the July 9, 2009
correspondence from Ms. Georgette Scott.
Plan of action:
Item 1) Request follow-up inspection by project engineer. I have completed my
inspection and have determined that seven of the curb outlet swales need
mowing and maintenance. The remaining were in acceptable shape and
condition due to the home owners mowing and maintaining in a proper
manner
Item 2) Initiate recommended repairs and mowing and complete within 60 days.
Item 3) Initiate ownership change to Owners Association.
Some background just for information is that common areas were turned over to
the owners association previously. Provisions for maintaining the common areas and the
ditch network within the subdivision was put in place by the requirement for paying
homeowners dues. The association should have already performed these maintenance
activities. Since the permit is still in the original developer's name, they have agreed to
step up and initiate the repairs and hope to negotiate repayment from the association.
If I can provide any additional information in the interim, please do not hesitate amelqtti�
call. �,, - HC,q i
-rev.:li/cL;)
* ° sap
R nald D. Cullipher, P. . R>^� 1 *•
cc: David R. Murdoch �'��' ........ �'✓�4 a�
Andrew Harris, The Harris Law Firm,PLLC �� `p •CUt.L�Q.0%
�f''1��IYf9i1�
107 COMMERCE ST. HESTRON PLAZA TWO
SUITE B 102-0 CINEMA DRIVE 151-A HWY.24
GREENVILLE,NC 27858 WILMINGTON,NC 28403 MOREHEAD CITY,NC 28557
[phone] [phone] [phone]

Hammers, Angela
From: Hammers,Angela
Sent: Tuesday,August 25,2009 10:33 AM
To: 'Jeff Mitchell'
Subject: Gracelyn Park, SW8 041006
Attachments: 041006.jui09.doc
Mr. Mitchell,
After reviewing the latest Notice of Violation for Gracelyn Park,State Stormwater Permit#SW8 041006,the next step in
bringing this permit into compliance is Enforcement as the letter dated July 9, 2009 was a Notice of Violation with
Recommendation for Enforcement(attached).
If a written plan of action is not received by DWQ at the end of business August 25, 2009,the recommendation to
enforce will be conducted.
If you or your client, Mr. Murdoch, have any questions,don't hesitate to contact me.
Sincerely,
Angel Hammers
Environmental Specialist
NC Department of Environment and Natural Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: 910.796.7215
Fax: [phone] (Please note my new email address is [e-mail])
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
1

Hammers, Angela •
From: Hammers, Angela
Sent: Tuesday,August 25,2009 9:28 AM
To: 'Jeff Mitchell'
Subject: RE: GRACELYN PARK-SW8 041006
Mr. Mitchell,
I have verified with the senior stormwater specialist that the permit condition calls for maintenance of the first 100 feet
of the swales. Therefore,all swales would have to be maintained according to the approved permit and O&M
(Operation and Maintenance)agreement.
Therefore,the Ditch Detail and Vegetated Swale detail from approved permit plan must be followed to bring the site
into compliance. If you need to see the plans, please contact Ms.Jo Casmer to set up a file review appointment here at
the Wilmington state office.
As I mentioned on the phone,a Notice of Violation was issued with a due date for a plan of action by August 11, 2009.
DWQ has not received a written plan of action from Mr. Murdoch to this date,so further enforcement action may
proceed.
Please let me know if you have any questions.
Sincerely,
Angel Hammers
From: Jeff Mitchell [mailto:[e-mail]]
Sent: Monday,August 24, 2009 2:44 PM
To: Hammers,Angela
Subject: GRACELYN PARK
GOOD AFTERNOON HOPE YOU ARE DOING OKAY PER ARE PHONE CONVERSATION FRIDAY AT YOUR
EARLIEST CONVENIENCE PLEASE LET ME KNOW IF CLEANING OUT THE CENTER FLOW LINE OF THE DITCHES
AND SODDING THEM IS GOING TO BE ACCEPTED. THANK YOU
JEff MCtcheVi
Stroud Engineering P.A.
151-A Highway 24
Morehead City NC 28557
252-247-7479EXT 231 (Phone)
252-247-4098 (Fax)
jrnitcheii©stroudengineer.com
i

SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
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■ Print your name and address on the reverse i �" ��
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so that we can return the card to you. 'w`
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• Attach this card to the back of the mailpiece, .J .
or on the front if space permits. ��T���f u2 . < <t 1►c __
f D. Is delivery address diffe. . . item 1? I"'r1•
1. Article Addressed to: If YES,enter delivery ad or -low: 0 No
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0 Registered 0 Return Receipt for Merchandise
.5 7 2 ,? .. C. - 0 Insured Mail 0 C.O.D.
OJ 4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7008 . 1140: 0002:. 9562 ; 0186
(Transfer from service lebe9 -r
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
U.S. Postal Service
CERTIFIED MAIL,., RECEIPT
03
• (Domestic Mall Only;No Insurance Coverage Provided)
✓A For delivery information visit our websfte at www.usps.com;
O
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Cl, State,ZIP+4
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PS Form 3800�,Auyuel,2DOS .ee Reverse for Instructions

UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
Permit No.G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR-Division of Water Quality
Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington,NC 28405
/4Y-12 g'e-•e—
liFtllstf:t�st � stttt�ttltlti7Ttt141ftlyrtitttti
(.-rase t y,1
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■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables,please consider Insured or Registered Mail.
• For an additional fee,a Return Receipt may be requested to provide proof of
delivery.To obtain Return Receipt service,please complete and attach a Return
Receipt(PS Form 3811)to the article and add applicable postage to cover the
fee.Endorse mailpiece'Retum Receipt Requested'.To receive a fee waiver for
a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is
required.
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addressee's authorized agent!Advise the clerk or mark the taailpiece with the
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• If a postmark on the Certified Mail receipt is desired,please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt Is not needed,detach and affix label with postage and mall.
IMPORTANT:Save this receipt and present it when making an inquiry.
PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047

AVA
FThENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 9, 2009
CERTIFIED MAIL #7008 1140 0002 9562 0186
RETURN RECEIPT REQUESTED
Mr. David R. Murdoch, Jr., President
RJP Newport Corporation
505 Crestwood Drive
Newport, NC 28570-9654
Subject: NOTICE OF VIOLATION (NOV-2009-PC-0097)
NOTICE OF RECOMMENDATION FOR ENFORCEMENT
Gracelyn Park
Stormwater Permit No. SW8 041006
Carteret County
Dear Mr. Murdoch:
On June 22, 2009, Wilmington Regional Office personnel performed a Compliance
iiispeuiion of the subject project, iocated at Chatham Street in Carteret County, Norm
Carolina. The inspection was performed to determine the status of compliance with
Stormwater Permit Number SW8 041006, issued to you on October 15, 2004.
The project has been found in violation of Stormwater Permit Number SW8 041006,
issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Failure to Maintain the Stormwater System. At all times, the permittee shall
provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency.
It was observed that swales had accumulated sediment resulting in negative slopes,
ponding and establishment of aquatic species. It was observed that the vegetation
in the bottom of the swales was improper and overgrowth of vegetation in the swales
existed. As stated in the permit, the approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals, including, but not limited to:
a. Inspections.
b. Sediment Removal.
c. Mowing and revegetating of the side slopes.
d. Immediate repair of eroded areas
e. Maintenance of the side slopes in accordance with the approved plans
and specifications.
f. Cleaning and repair of catch basin grates, flumes, piping, and the flow
spreader mechanism.
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 N rthCarolina
Internet www.ncwaterquality.orgatura!!j
An Equal opportunity\Affirmative Action Employer

July 9, 2009
Gracelyn Park
Stormwater Permit No. SW8 041006
To correct these violations you must:
1. Provide a written "Plan of Action" which outlines the actions you will take
to correct the violation(s) and a time frame for completion of those actions,
on or before August 11, 2009.
2. Repair all swales to meet the approved permit conditions for the first 100
feet of each swale (#1-14).
3. Perform the maintenance necessary to bring the stormwater system into
compliance
Failure to provide the "Plan of Action" by August 11, 2009, or to correct the violations by
the date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the Town of Newport Building Inspector, this Office is requesting
that the Building Inspector consider withholding building permits and Certificates of
Occupancy for this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Angela Hammers at
910-796-7215
Sincerely,
CiStO-Dyd1)0
Georgette Scott
Stormwater Supervisor
Surface Water Protection Section
GDS\akh: S:IWQS\STORMWATER\NOTICE1041006.ju109
cc: Ronald Cullipher, P.E., (Stroud Engineering)
Bob Chambers, Chief Building Inspector/Planner, Town of Newport
Andrew Harris,The Harris Law Firm, PLLC
Tina Sibley
John Hennessey
Angela Hammers
WiRO
Central Files
Page 2 of 2

Subject: Gracelyn Park Subdivision, SW8 041006
From: Angela Hammers<[e-mail]>
Date: Mon, 13 Apr 2009 15:36:11 -0400
To: [e-mail]
Dear Mr. Harris,
I wanted to get back to you in regards to the Gracelyn Park Subdivision. As I think we spoke
about on the phone, my notes indicate that Swale #8 and 9 were acceptable. it is to the
advantage to review the remaining swales to be certain that they match the approved plan in
regards to:
100' in length, 5:1 slopes or flatter, longitudinal slope no steeper than 5%, maintain a dense
vegetated cover, repair and/or revegetate all eroded areas.
If you need to reveiw the permit, please be aware that DWQ provides appointments for file
reveiw by calling the Wilmington office at 910-796-7336 and talking with Jo Casmer.
I will be scheduling a re-inspection of the Notice of Violation in the near future. Please be
sure to submit a Plan of Action with actions planned and timeframes for completion to bring
this permit into compliance as soon as possible.
Additionally, if transfer of ownership is desired from Mr. David Murdoch and RJP Newport
Corporation, Inc. the official request forms may be accessed at
http://h2o.enr.state.nc.us/su/documents/SWPermitOwnership-NameChangeForm080808.pdf.
Sincerely,
Angela Hammers

THE HARRIS LAW FIRM,PLLC 1
304 North 35th Street
Post Office Box 712
Morehead City,North Carolina 28557
John M.Harris* [phone]
R.Andrew Harris [phone](facsimile)
Kelly C.Harris email: [e-mail]
*Board Certified Real Estate Specialist(Residential)
March 11, 2009
VIA OVERNIGHT MAIL
Angela Hammers •
Division of Water Quality -'"' ED
NCDENR MAR 1 2 2009
127 Cardinal Drive Extension
Wilmington,NC 28405 BY:
RE Gracelyn Park Subdivision
Notice of Violation SW8 041006
Dear Angel:
My name is Andrew Harris and my firm is counsel for RJP Newport Corporation,the
developer of Gracelyn Park Subdivision. As such, I have been forwarded a copy of a
letter dated February 9,2009 from Georgette Scott regarding several issues with the
stormwater permit issued by DENR in relation to the above referenced subdivision.
According to her letter,questions are to be referred to you which was the purpose of my
earlier phone calls to you. I have not heard back from you and therefore am sending you
this letter to request additional detail regarding the violations cited, specifically in
relation to the location of the check dams and swale ditches that need attention.
Roughly 2 years ago as part of turning everything over to the owners association and
residents within the Subdivision,my client met with representatives of the Town of
Newport and the homeowners association to go over reshaping some swale ditches, as
well as, the removal of check dams to improve drainage. This work was done and signed
off on by all parties after which my client assumed that the Town of Newport and/or the
homeowners association would be responsible for any continued maintenance of these
areas. The management responsibilities for the subdivision have been turned over to the
homeowners association for quite some time and my client has no involvement in the
management or care of these areas. If some of the check dams were missed by my
client's subcontractor and there location can be identified,my client will see that they are
removed. If the swale ditches can be identified that are in need of attention, then perhaps
responsibility between my client,the Town and the homeowners association can be
identified more clearly.

2
When you get a chance, I would appreciate it if you would give me a call to discuss these
matters so that we can get them resolved. I have enclosed reduced copies of the
subdivision plats for reference in being able to identify the areas which are being cited.
In the meantime and as requested by Mrs. Scott,I have enclosed with this letter a copy of
the recorded Restrictive Covenants for Gracelyn Park Subdivision. Article XII within the
Restrictive Covenants contains the restrictions required in relation to Stormwater Permit
SW8 041006. If there is anything else that you need in regards to the Restrictive
Covenants,please let me know.
I look forward to hearing from you soon.
Sincerely,
pai
R. Andrew Harris
RAH:tw
Enclosures
cc: Ray Murdoch
Ronald Cullipher, P.E.
George Rice
Bob Chambers, Chief Building Inspector/Planner, Town of Newport

March 9,2009
David Cox
Environmenta(Specia1lst NORM A%
127 Cardinal-Drive Ext
11mington,NC 28405-
Entrance to Cgraceyn Su6divtsion in Newport,NC Carteret County where a drainage ditch was
fad in via road resulting in standing water on either side after rain.
DearDavid
As per our conversation on Friday, I am sending you the information we discussed I could-not
remember the name of who you said to send it to so please forward
Enclosed-is a copy of a NC law about Obstructing Drainage and also a copy of a map that was before
grace yn Subdivision was formed clearly showing the drainage ditch and how long it is(was)
2fiank you fm your help in this matter!
If you have any questions,please feelfree to call me at 252-422-8404.
Sincerely,
Tana Sibley
CO. cEax1600
Newport,NC 28570
MAR 1"4 2009
BY:

Willi tululiiiu licuciul Assembly 1:It I i I sgc i in i
S 77-14. Obstructions in streams and drainage
ditches.
. If any person, firm or corporation shall fell any tree or
put any slabs, stumpage, sawdust, shavings, lime. refuse or any
other substances Ln any creek, stream, river or natural or
artificial drainage ravine or ditch, or in any other outlet which
serves to remove water from any.la.nd .whatsoever whereby the
drainage of said land is impeded, delayed or prevented, the
person, firm or corporation so offending shall be guilty of a
Class 2 misdemeanor: Provided, however, nothing herein shall
prevent the construction of .any dam or weir not otherwise
prohibited by any valid focal ot•Stai;e statute or regulation. In
addition to any fine or imprisonii ffl ,imposed, the court may, in
its discretion, order the person, .€irm, or corporation so
offending to remove the obstructibix;_ sd restore the affected
waterway to an undisturbed conditatioaih `or allow authorized
employees of the enforcing agency to-Otter upon the property and
accomplish the removal of the obstruction and the restoration of
the waterway to an undisturbed condition, in which case the costs
of the removal and restoration shall be paid to the enforcing
agency by the offending party. This section may be enforced by
marine fisheries inspectors and wildlife Ototectors. Within the
boundaries of any county or municipality this section may also be
enforced by any law enforcement officer having territorial
jurisdiction, or by the county engineer. This section may also be
enforced by specially commissioned forest law-enforcement
officers¢, of the Department of Environment and Natural Resources
for offenses occurring in woodlands. For purposes of this
section, the term "woodlands" means all forested areas, including
swamp and timber lands, cutover Lands and second-growth stands on
previously cultivated sites. (193, c. 1242; 1957, c. 524; 1959,
cc. 160, 1125; 1961, c. 507; 1969, c. 790, s. 1; 1975, c. 509;
1977, c. 771, s. 4; 1979, c. 493, s. 1; 1987, c. 641, s. 13;
1989, c. 727, s. 218(20); 1991, c. 152, s. 2; 1993,• c. 539, s.
582; 1994, Ex. Sess., c. 24, s. 14(c) ; 1997-443, s. 11A.119(a) .)

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AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 9, 2009
Mr. David R. Murdoch, Jr., President
RJP Newport Corporation
123 Nine J. Drive
Newport, NC 28557
Subject: NOTICE OF VIOLATION, NOV-2009-PC-0097
Gracelyn Park
Stormwater Permit No. SW8 041006
Carteret County
Dear Mr. Murdoch:
On February 3, 2009, Wilmington Regional Office personnel performed a Compliance
Inspection of the subject project, located at Chatham Street in Carteret County, North
Carolina. The inspection was performed to determine the status of compliance with
Stormwater Permit Number SW8 041006, issued to you on October 15, 2004. A copy
of the Inspection Report has been enclosed for your convenience.
The project has been found in violation of Stormwater Permit Number SW8 041006,
issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Failure to respond to a written request. Permit condition requires that the
permittee shall submit a copy of the recorded deed restrictions which indicates
the approved built-upon area per lot within 30 days of the date of recording. On
July 15, 2005 this office sent you a request for recorded deed restrictions This
office has not received a recorded copy of the deed restrictions for Carolina
Place.
2. Failure to Maintain the Stormwater System. At all times, the permittee shall
provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency. It was observed that swales
had accumulated sediment resulting in negative slopes, ponding and
establishment of aquatic species. It was observed that the vegetation in the
bottom of the swales was improper and overgrowth of vegetation in the swales
existed. It was also observed that temporary rock check dams remain at the end
of swales. As stated in the permit, the approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals, including, but not limited to:
a. Inspections.
b. Sediment Removal.
c. Mowing and revegetating of the side slopes.
d. Immediate repair of eroded areas
e. Maintenance of the side slopes in accordance with the approved plans
and specifications.
f. Cleaning and repair of catch basin grates, flumes, piping, and the flow
spreader mechanism.
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 N9rthCarolina
Internet www.ncwaterqualigr.org atura I
An Equal Opportunity\Affirmative Action Employer Ks "

February 9, 2009
Gracelyn Park
Stormwater Permit No. SW8 041006
To correct these violations you must:
1. Provide a written "Plan of Action" which outlines the actions you will take
to correct the violation(s) and a time frame for completion of those actions,
on or before March 9, 2009.
2. Remove the temporary check dams from the swales.
3. Submit a copy of deed restrictions to this office.
4. Perform the maintenance necessary to bring the stormwater system into
compliance
Failure to provide the "Plan of Action" by March 9, 2009, or to correct the violations by
the date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the Town of Newport Building Inspector, this Office is requesting
that the Building Inspector consider withholding building permits and Certificates of
Occupancy for this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Angela Hammers at
910-796-7215 jSin rely,
Georgette Scott
Stormwater Supervisor
Surface Water Protection Section
GDS1akh: S:\WQS\STORMWATER\NOTICE1041006.feb09
cc: Ronald Cullipher, P.E., (Stroud Engineering)
John Hennessey
Bob Chambers, Chief Building Inspector/Planner, Town of Newport
George Rice
Tina Sibley
Angela Hammers
Central Files
Page 2 of 2

N.C. DIVISION OF_.WATER QUALITY
Water Quality Section
Complaint/Emergency Report Form
WILMINGTON REGIONAL OFFICE
Received by /2R I/, i (X Date 07/21/oZor Time
Emergency Complaint x City County
Report Received From
Agency ��/ ! Phone No.
Complainant W qt/n Po pa—
Address f I Phone No.ZSa r —g 2 y4
Check One: Fish Kill SO! Bypass Animal NPDES N.D.
Storm water Wetland Other,Specify:
Nature of Referral l7f act tt+ Yv kW k S vv t i V i si or% .. hoodit f 142ek7 rde.
Time and Date Occurred
Location of Area Affected
Surface Waters impacted Classification
OtherAgencies Notified /
Investigation Details 55Gt/p D y/aOG • hireif e-. 3t 1' Q JecAd
?la.rcd 11 rears D/ 7 r Iio-t e . 7 ,4 7
9 lip nexid' Out,- /a,-4�" 4C4947.4 4 €1
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c . Wl(/tAti.7 ._ UJ9�e� uli 7�t �Gun� r e lea''i7 74 Aer-x- .
Investigator ii 1 41X f 1'-71, / ,r S Date a/2/2-
611
S:%WCQSISHELLSIREPOR7.SHL
EPA Region IV(404)347-4062 Pesticides 733-3556 Emergency Management 733-3867 Wildlife Resources 733.7291
Solid and Hazardous Waste 733-2178 Marine Fisheries 726-7021 Water Supply 733-2321 Coast Guard MSO 343-4881
127 Cardinal Drive Extension,Wilmington,N.C.28405-3845•Telephone [phone] e-Fax [phone]

i
4V,DvN.C. DIVISION OF WATER QUALITY
ao\ Water Quality Section
y cr► Complaint/Emergency Report Form
\ke' y,h,,c+` WILMINGTON REGIONAL OFFICE
x v• Received by 1 .-4:Ak.. 63X Date �Q}o Ik XP. Time
Emergency Complaint X" City County
Report Received From
Agency //t� Phone No.
(s
Complainant 1._o r9e- ice Go t Fa g 1 ;w'' C '.A/ ,.
Address VP 3 int 4VF):LJ/ er, l62,t 7-' Phone No. 7. 0 0
g ef-70
Check One: Fish Kill Spill Bypass Animal NPDES N.D.
Sto►mwater Wetland Other,Specify:
Nature of Referral G &c-e. A. ?Car k. Swb c✓iS i rv1 - .�jnacti. (al cam„
Time and Date Occurred
Location of Area Affected
Surface Waters Impacted Classification
Other Agencies Notified Investigation Details cb12 G4'I00 C. °C d &y + Aryl iieuvifuff gal 44rr�,'
1. I(5fM•r1 n, I J/r k -s A". vac f r c.d c%1.
ost.di1'.' 4tea41 -,it - ciffj
r{move G4.6C 06444
Aced ref/ e-fic C /1 I aI?2
Ite ohgc l.,.ded i i t_ ,ti �, ��r xr'sy d er..i.fo-e Urtlet
Investigator uij J ( f Aid rti �
�' r Date o?/3/ 20299
S:IWQSISHELLSIREPORT.SHL
EPA Region IV(404)347.4062 Pesticides 733-3556 Emergency Management 733-3867 Wildlife Resources 733-7291
Solid and Hazardous Waste 733-2178 Marine Fisheries 726-7021 Water Supply 733-2321 Coast Guard MSO 343-4881
127 Cardinal Drive Extension,Wilmington,N.C.28405-3845•Telephone [phone] a Fax [phone]

N.C. DIVISION OF..._.WATER QUALITY
Water Quality Section
Complaint/Emergency Report Form
WILMINGTON REGIONAL OFFICE
Received by ba Ui( 6 7' Date k 2, 2007 Time
Emergency Complaint X City County
Report Received From
Agency Phone No.
Complainant Vim. Sao.. t V Address hbv,A , Ntujr,,,,, ,i ,, ,5,0 Phone No. 252- y?• '�y�jy
Check One: Fish Kill Spill Bypass Animal NPDES N.D.
/Stonnwater Wetland Other,Specify:
Nature of Referral ralel n Par k Swb A . Fitltd . Gklitk eLv StC.
C 0110 ft. 0c s+Km wa. c1- b .--->7 cirt4td .r
ths, c.14t 1 sour 104:41 (1enh 0t. a,- hArAn -f Gr.Ti?Any, 6cc , r,,;�a.. �t -
���sY s f f. . t+t;e
A1`a1rf ( (1 I' rASA. f s.,-�t -Jac) &S5V4 : C�+ J finThilmet rerat.k. `.
Time and Date Occurred
Location of Area Affected
Surface Waters Impacted Classification
Other Agencies Notified
Investigation Details SW 2 0 WO 0 4 : /do' a 67447 da,.ki/f- jrtre.
lPca,u/sv liir or .
•
•
Investigator jg.v,cl ��' /4 Date /JAGYJ�J
S:IW IQSISHELLS{REPORT.SHL
EPA Region IV(404)347-4062 Pesticides 733-3556 Emergency Management 733-3867 Wildlife Resources 733-729f
Solid and Hazardous Waste 733-2178 Marine Fisheries 726-702f Water Supply 733-2321 Coast Guard MSO 343-4881
127 Cardinal Drive Extension,Wilmington,N.C.28405-3845•Telephone [phone] a Fax [phone]

Town of Newport
Derryl Garner,Mayor Dick Casey
Kenneth Davis,Mayor Pro-Tem P.O.Box 1869 Town Manager
Council Members 200 Howard Blvd.
Frank Blunt Newport,NC 28570 Taylor&Taylor,PA
David Heath [phone] Town Attorney
Richard Kanuck [phone] Fax
Eric Lindblade Penny G. Weiss
CMC,CTC
The Town with Old-Fashioned Courtesy
PLANNING AND INSPECTIONS DEPARTMENT
March 4, 2008
Division of Water Quality RECEIVED
Rick Shiver
Surface Water Protection Section MAR 0 5 Z008
127 Cardinal Drive Extension
Wilmington,NC 28405-3845 BY:
Ref DWQ Permit SW8 041006
Dear Mr. Shiver
The Referenced permit is for the Gracelyn Park Subdivision. The Planning Department has some issues
and concerns with the drainage and storm water system in the subdivision.We do not-want the DWQ
permit transferred to the Home Owners Association or any other party until these concerns are satisfied.
Please find the enclosed pictures of some of the issues.You will notice that most of the temporary filter
check dams are still in place which is now causing unnecessary ponding and vegetation growth There
is some silting and erosion that is clogging some drainage pipe. There are some minor erosion issues.
We feel that some maintenance should be done by the developer(permit holder)before the system is
transferred ownership. We ask that you look into this matter and get in touch with the me or the town
manager and make a field inspection with us so that our concerns can be addressed. Your help would be
appreciated.
ely,
ob rs
Town Planner

11'
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"Repair of a non-functioning check dam". Water was still almost lft deep after the
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Another non-functioning check dam in Gracelyn Park.

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Marcy Mensch 2/19/2008

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Erosion in a ditch in Gracelyn Park.
Marty Mensch 2/19/2008

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A check dam in Gracelyn Park that had been left unattended by the contractor and had stopped
functioning.
Marty Mensch 2/19/2008

o4/OOC'
Melanie Arthur 2P
CARTERET COUNTY .
SL Date 07/13/2006 Time 15:37:00
SR 1180103 Pape 1 of 2
NORTH CAROLINA,CARTERET COUNTY
This instrument and this certificate are duly tiled at the
date and time end in the Book and Page shown on I
lint page hereof.
ie Arthur,R - of
B (LW. t.a)
No.eos
irepared by and Reran to Harris Law Finn,PLLC
304 North 35te Street Morehead City,NC 28557
STATE OF NORTH CAROLINA
r`SUPPLEMENTAL AMENDMENT TO
DECLARATION OF RESTRICTIVE
:OUNTY OF CARTERET COVENANTS FOR GRACELYN PARK-
PHASE II
This 1"Supplemental Amendment is executed this the 13ty of July ,2006 by RIP
NEWPORT CORPORATION,A North Carolina corporation,(hereinafter designed as"Developer");
WITNESSETH:
WHEREAS,RIP NEWPORT CORPORATION has heretofore executed a Declaration of
Restrictive Covenants for Gracelyn Park Subdivision,a multi-phased development,which appears of
record in Deed Book 1155,Page 253,Carteret County Registry(the"Declaration");
WHEREAS,under Article Nine of the Declaration,RIP NEWPORT CORPORATION,reserved
the right to later submit certain additional properties(described in Exhibit B of the Declaration)to the
-irovisions of the Declaration;
WHEREAS,RIP NEWPORT CORPORATION is in the process of developing the reserved
property and desires to now subject a portion of the same to the Declaration;
NOW THEREFORE,Developer,in accordance with the provisions of Article Nine of the
Declaration hereby declares that the real property described below is and shall be held,transferred,sold,
conveyed and occupied subject to the Declaration and any amendments which may be made thereto:
BEING located in Newport,Carteret County,North Carolina and being the same property
depicted on that certain plat entitled"Graceyln Park,Phase 2,Lots 39-84"prepared by Stroud
Engineering,P.A.,dated June 30,2006,and recorded in Map Book 31,Pages 12,Carteret County
Registry.
This instrument shall not be deemed as a release or waiver of Developer's rights to further subject
other real property to the Declaration,all in accordance with Article Nine of the Declaration.
C.
BOOK I �PAGE_' (O 3 -
■

Es
ignature pal
Executed the day and year aforementioned.
RJP NEWPORT CORPORATION
By: Clb..ca.D (17.
David Ray Murdoch,Jr.,President
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, Denise Lewis ,Notary Public for the said County and State,
certify that DAVID RAY MURDOCH,JR.personally same before me this day and
acknowledged that he is the president of RJP NEWPORT CORPORATION,a North Carolina
corporation,and that he as president being authorized to do so,executed the foregoing on behalf
of the corporation.
Witness my hand and official seal or stamp,this th 13th day of ,July ,2006.
1 J_ !� • l.Li
NOTARY PUBLIC
Denise Lewis
My commission expires: October 30, 2010
a DENISE LEWIS
• {
NOTARY PUBUC
CARTERET COUNTY,N.C.
-
BOOK 11'U PAGE !0 3

' SOSID:0730388
Date Filed:6/26/2006 3:59:00 PM
•n,r eu�
{ Elaine F.Marshall
-, . .t': ,• BUSINESS CORPORATION North Carolina Secretary of State
,i ."' ANNUAL REPORT 2006177 00865
r
NAME OF BUSINESS CORPORATION: Rip Newport Corporation
r
FISCAL YEAR ENDING: 12/31/2005 STATE OF INCORPORATION: NC
SECRETARY OF STATE CORPORATE ID NUMBER: 0730388 FEI)F,RAL EMPLOYER ID NUMBER:
NATURE OF BUSINESS: Land Development and Sales
REGISTERED AGENT: Mason, L Patten
REGISTERED OFFICE MAILING ADDRESS: 225 Professional Circle
Morehead City,NC 28557
REGISTERED OFFICE STREET ADDRESS: 225 Professional Circle
Morehead City,NC 28557 County:Carteret
PRINCIPAL OFFICE TELEPHONE NUMBER: [phone]
PRINCIPAL OFFICE MAILING ADDRESS: 123 Nine J.Drive
Newport,NC 28557
PRINCIPAL OFFICE STREET ADDRESS: 123 Nine J.Drive
Newport,NC 28570
' - I
PRINCIPAL OFFICERS: ••
David R.Murdoch John W Gainey John Philip Mund m
Title:Secretary Title:President Title: Vice President
123 Nine J.Drive PO Box 1198 435 Munden Farm?4d
Newport,NC 28570 Morehead City,NC 28557 Newport,NC 2857q
I
CERTIFICATION OF ANNUAL REPORT MIJST!BE COMPLETED BY Ai,L BUSINESS C)RPORA TIONS
i � • 2u- fad
ST BE SI . C' F THE CORPORATION I DATE
'•oH.AJ w. ( IN- _ 614NA.& it/PRES, OENr
TYPE OR PRINT NAMEI TYPE OR PRINT TITLE
ANNUAL REPORT FEE: $20.00 MAIL TO: Secretary of State•Corporations Division•Post Office Box 29525•Raleigh,NC 27626-0525
I
1 ,

NNovr aooq - Pc - 0091_

11�ti,7F Michael F. Easley, Governor
9
0 G William G. Ross, Jr., Secretary
co 7 North Carolina Department of Environment and Natural Resources
>_ y
Alan W. Klimek, P.E. Director
Division of Water Quality
July 15, 2005
Mr. David Ray Murdoch, Jr. President
RJP Newport Corporation
123 Nine J. Road
Newport, NC 28570
Subject: REQUEST FOR RECORDED DEED RESTRICTIONS
Gracelyn Park
Stormwater Project No. SW8 041006
Carteret County
Dear Mr. Murdoch:
On October 15, 2004, the Wilmington Regional Office issued a Stormwater Management
Permit to you for Gracelyn Park. Per the requirements of the permit, a copy of the recorded
deed restrictions must be forwarded within 30 days of the date of recording. A review of our
files indicates that, as of this date, a copy of the recorded deed restrictions has not been
received in this Office.
Failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots is a
violation of your permit, and subject to enforcement action. Please either provide a written or
emailed status or the project, or forward a copy of the recorded deed restrictions to this Office
at the.address below by August 15, 2005, or enforcement action may be initiated and may
include recom-mendations for civil penalties and revocation of the permit.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
4:764U ere,€A1Z
Linda Lewis
Environmental Engineer II
ENB/arl: S:IWQS\STORMWAT\DEEDREST1041006.jul05
cc: Katrina Marshall, Carteret County Building Inspections
Wilmington Regional Office File
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone[phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington,NC 28405-3845 FAX [phone] Internet h2o.enr.state.nc.us N Carolina
An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper aturally

AT:e s 11, RECEIVED
JUL 1 4 lab
NCDENR BY:
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
July 14, 2005
NOTICE OF CONTINUING VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7004 2510 0001 8279 9014 W
RETURN RECEIPT REQUESTED
(.)6(Pj
RJP Newport Corporation 9C1'
Mr. David Ray Murdoch, Jr.
123 Nine J Rd
Newport, NC 28570
RE: Project Name: Gracelyn Park
Project ID: Carte-2005-021
County: Carteret
Dear Sir or Madam:
On May 20, 2005,you received a Notice of Violations indicating that you and/or your firm
were conducting a land-disturbing activity located on Chatham Rd,Newport that was in violation of
the Sedimentation Pollution Control Act of 1973.
A follow-up inspection of this project on July 12,2005,indicated that the violations outlined in the
Notice have still not been corrected.
Because the violations were not corrected on or before the deadline for compliance,which
was June 13, 2005, this matter is being referred to the Director, Division of Land Resources, for
enforcement. I urge you to correct these violations immediately. A civil penalty of up to$5000 per
day for violations is authorized by G.S. 113A-64. It should be noted that each day of noncompliance
constitutes a new violation of the Sedimentation Pollution Control Act of 1973. A penalty may be
assessed from the date of the violation until the date the violations are corrected. Please be advised
that if compliance is not immediately undertaken, other appropriate action may be requested.
Wilmington Regional Office
127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 • Phone: [phone]!FAX: [phone]

c �
Notice of Continuing Violations
Mr. David Ray Murdoch
July 14, 2005
Page 2 of 2
Please do not hesitate to contact me regarding any questions you might have about this
matter.
Sincerely,
Daniel Sams, P. ., M.E.
Land Quality Section
Enclosure: Sedimentation Inspection Report
cc: Gray Hauser, State Sediment Specialist
Regional Water Quality Supervisor

Case#
SEDIMENTATION INSPECTION REPORT
NORTH CAROLINA DEPARTMENT OFENVIRONMENTAND NATURAL RESOURCES
`� LAND QUALITY SECTION:127 Cardinal Drivvee .' 4?Drive, Wilmington,NC 28405-3845(910)395-3900
County 2... tC,r Project: ( 2A t,&L.t a'...) River Basin ir.-i•�-1 ? CA
Person Financially Responsibl,e \17 X.ka.e�i�.T cogs /'14/ .4.,04,1M ii+1+✓.CCf Project# G .a•-tt, • 2 , •4.'f
Address: s Pi,,./C. \. h� ,—. ek t�3 `- 7 ". —9z'
1. Project Location C'a r'"/. G-O Pictures: No ❑ Ye Prints❑ Slides ❑ DigitaltI Video❑
2. Weather and Soil Conditions c r e►- k:*,i (1 c," ti'd.,: Pot e E S' -V)as/
o
3. Is site currently under notice of violation? Ye - No❑ �/ '"�
4. Is the site in compliance with the S.P.C.A.and the rules? Yes ❑ Nora( If no,check violations below:
5. Violations:
❑a. No approved plan,G.S.113A-57(4)and 15A NCAC 4B.0107(c) ❑ Inadequate buffer zone,G.S.113A-57(1)
❑b. Failure to follow approved plan,G.S.113A-61.1 i. Graded slopes and fills too steep,G.S.113A-57(2)
❑c. Failure to submit revised plan,G.S.113A-54.1(b)and �' or 15A NCAC 4B.0124(d)
,
15A NCAC 4B.0118(a) i. Unprotected exposed slopes,G.S.113A-57(2)
❑d. Failure to provide adequate groundcover,G.S.113A-57(3)and ❑j. Failure to maintain erosion control measures,
15A NCAC 4B.0107(b)or 15A NCAC 4B.0124(e) 15A NCAC 4B.0113
❑;. Insufficient measures to retain sediment on site,G.S.113A-57(3) ❑k. Other(describe)
U f. Failure to take all reasonable measures,15A NCAC 4B.0105 .� }
6. NPDES Permit Violation? Yes;®' No❑ Describe f�.,..�<`I-.<-CO ra*s f�f Ar,X k / .7•-e . A .
7. Has sedimentation damage occurred since last inspection? Yeses If yes,where?(check all that apply): No❑
Lake/natural watercourse on the tract. Lake/natural watercourse off the tract ❑ Other property ❑
Description: ''.1 5.1.,'/E 4'!"t.e4... c., (c.) ' 'Di Te+ 'f',�,r�!'�.,..
.i out...
Degree of damage: Slight Moderate❑ Severe❑
8. Contact made with(Name) 11/41 C xlt- Title
,
/
Inspection Report given❑ or senpir to Person Financially Responsible Date given/sent 7//t/f —
9. Corrective actions needed:
cAikt2 77C u L et42 td P sJ -ro tiv:..•..) C t C..)E
t;V e c ,.J?c.--4:. t't.OetiA 11/4,4&SO ere SC 4.eE 1 P`V
`' (-)Y O a r_rio Cr seEft c to¢-F I C r C..r4-; -1 Cs--7-0 03 tyz.n�s/r.ti1
XI r. TO p 2, .T c./g+(t- 0 / ..7 e.is& c .5v L cf PE L
14
10. Comments% A c r'; r !,.� And Cil- �'1 Yf ta•"t r r'7A.,o �I �.e. le:
4.16d f, t, IX A-00 i' =S ` Ch/CC Mt IA, C-zf.. 2G/:.,'7 f.e.) 1''E
r(::).f rt . (Qy-�Q.-� �} La/Imo_. e e k e0 . A?i -t .. 7l /W 6 /'r �''4.- r4
r , eI�LC1 Cr" rCl ge It ofL" fC /1L►JI 1�. 1 i
V r
if,o, . tr 1 m A 10 &Z IA/4 -,* �> r- :r►J ( :,---r-7:'.,•A....e
l-- k!C`r"1 C 6-- ti£� !°-.CIA d/V ff!/t./6 V ,C c. r e.--# e—( !G-t i ra,.5 4.,• a'"�
Report by: �x.' At%i ,,.. . . Others present E� ..,nrdl?F+cr '/-/ i tr=t.t
Date of Inspection: t /i 7/ S Time arriving at site: /2. U 0 Time leaving site: 2 4
17
cc: